FIRST DAY

 

NOON SESSION

Senate Chamber, Olympia, Monday, January 12, 2009

 

      At 12:00 noon, pursuant to law, the Senate of the 2009 Regular Session of the Sixty-First Legislature of the state of Washington assembled in the Senate Chamber at the State Capitol. Lieutenant Governor Brad Owen, President of the Senate, called the Senate to order.

 

REMARKS BY THE PRESIDENT

 

President Owen: “Ladies and Gentlemen, prior to introducing the Honor Guard, the President would like to inform the members and the ladies and gentlemen in the galleries that today in addition to the two suffragist that are with us today, Shanna Stevenson and Ms. Sue Lean are the Washington Women’s History Consortium who are representing Mae Arkwright Hutton of Spokane and Emma Smith Devoe of Pierce County who were the two major leaders of the Women’s Suffrage Movement in the State of Washington in 1909 of course we are celebrating this centennial of that. We will also have the presentation of the county colors who are presented to us by this week’s pages and some of the interns. So, at this time the President is pleased to present the Washington State Patrol Honor Guard.”

 

The Washington State Patrol Honor Guard consisting of Commander Sager, Trooper Evers, Trooper Greer, Trooper Dorsey and Trooper Stock presented the colors.

 

      The President led the Senate in the Pledge of Allegiance.

 

      The thirty-nine county flags were presented by the following Senate high school student pages and college interns: Clark County, Mr. Matt Sas; Lewis County, Ms. Lillian Hawkins; Pacific County, Mr. Cole Rabinowitz; Thurston County, Ms. Sherry Harris; Jefferson County, Miss Dakota Oblad; King County, Miss Nicole Frattini; Pierce County, Mr. Beau Perschbacher; Island County, Miss Sami Steere; Skamania County, Miss Hania Marien; Whatcom County, Miss Brittany Smith; Mason County, Mr. Josiah Julagay; Grays Harbor County, Mr. Alex Soldano; Cowlitz County, Mr. Cole William Bryant; Wahkiakum County, Miss Abby Burlingame; Walla Walla County, Miss Katherine Evelyn Schroeder; Clallam County, Mr. Blake Scully; Kitsap County, Mr. Dylan Turner; Spokane County, Miss Jerrie Darnell; Klickitat County, Mr. John Wheeler; Snohomish County, Mr. Dalton Cole; Stevens County, Miss Jennifer Wetli; Yakima County, Mr. Michael Althauser; Whitman County, Miss Sierra Lea Steinbrecher; San Juan County, Mr. Donald C. Kimball; Columbia County, Mr. Carl Schremp; Garfield County, Miss Kayla Long; Asotin County, Miss Audri Henderson; Kittitas County, Miss Ashley Lara; Lincoln County, Miss Amanda Stauffer; Adams County, Mr. Micah Theckston; Douglas County, Miss Chelsea Stanton; Franklin County, Mr. Matheau Rathke; Skagit County, Mr. Gabe Lungstrom; Okanogan County, Mr. Jeff Dong; Ferry County, Miss Emily Hull; Chelan County, Mr. Dixon McReynolds; Benton County, Mr. Adam Archer; Grant County, Mr. Colin Kearns; and Pend Oreille County, Mr. Christian Bell.

      Mrs. Shanna Stevenson and Ms. Sue Lean, suffragist re-enactors, proceeded to the places at bar of the Senate in commemoration of the one-hundredth anniversary of the passage of House Bill 59 during the Eleventh Legislature of 1909, which, upon approval of the voters on November 8, 1910, granted women the right to vote in the State of Washington.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Lakes High School Pacific Harmony Ensemble of Lakewood, consisting of Issac Panui, James Papaia, Caleb Dixon Galbreath, Tyler Bonnevie, Rylan Bonnevie and Jermone Iafeta who performed the National Anthem.

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced Dr. Benjamin Keller, Lakes High School Choral Director and Arts & Communication Co-Chair who was seated in the gallery.

 

      Reverend George Anne Boyle of the St. Benedict Episcopal Church of Lacey offered the prayer.

 

      The Washington State Patrol Honor Guard retired from the chamber.

      The county flags were retired from the chamber.

      Mrs. Stevenson and Ms. Lean, suffragist re-enactors, retired to seats at the rear of the chamber.

 

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Kimberly Forgaard, the 2008 Lakefair Queen, who was seated at the rostrum.

With permission of the Senate, business was suspended to allow Lakefair Queen Kimberly Forgaard to address the Senate and welcome the senators to Olympia.

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced members of the 2009 Capital Lakefair President Bob Barnes, his first lady, Serry Barnes and Kimberly's mother, Linda Forgaard, who were seated in the gallery.

REMARKS BY KIMBERLY FORGAARD

 

      Kimberly Forgaard: “Thank you. Good afternoon, ladies and gentlemen. My name is Kim Forgaard and I’m currently a senior at Capitol High School. It is my pleasure to have this opportunity to address you as the 2008 Lakefair Queen. I’m truly honored to represent this wonderful city and our great state of Washington. Our state and country face challenging times ahead. We have just experienced yet a second devastating storm in the past thirteen months leaving hundreds of families homeless or with severe damage to their property. In times like this we must reach out to our neighbors and community to help in any way we can. As I begin the next phase of my life, leaving home and entering college, I reflect on the current economic situation in our country. We face unparalleled demands with a failure of several financial institutions, the collapse of the housing sector and the instability of world markets. The current economic down turn has directly affected me, as the business I was working for closed its doors in early December. My plan is to pursue and education and career in business and economics and I’m intrigued on how we have come to face this current economic situation. As complex as these issues are it is clear that we must work together to solve them. A common key to success always begins with the establishment of solid goals and objectives. My father says, ‘aim at nothing and you’re bound to hit it.’ Having said that, my current goal is to get back to school because I’m sure as most of you know Capital’s roof collapsed over break which has delayed its start by one week. So, for you, leaders of this great state, you face unprecedented challenges this coming term and I won’t take up anymore of your time allowing you to get to the task at hand. Once again, I thank you for this unique opportunity.”

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced members of the Taiwan dignitaries, Daniel Liao, Director General of the Taiwan Economic and Cultural Office of Seattle and Richard Lin, Director of the Taiwan Economic and Cultural Office of Seattle who were seated in the gallery.

 

MOTION

 

      There being no objection, the Senate advanced to the third order of business.

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable

The President of the Senate

The Legislature of the State of Washington

Olympia, Washington

 

Mr. President:

 

I, Sam Reed, Secretary of State of the State of Washington, do hereby certify that the following is a full, true, and correct list of persons elected to the office of State Senator at the State General Election held in the State of Washington on the fourth day of November, 2008, as shown by the official returns of said election now on file in the office of the Secretary of State, together with a list of returning Senators whose terms expire in 2011.


 


 

 

SENATORS ELECTED NOVEMBER 4, 2008

 

DISTRICT                    COUNTIES REPRESENTED                         NAME                                    PARTY

 

1                                    King*, Snohomish*                                         Rosemary McAuliffe              (Prefers Democratic Party)

2                                    Pierce*, Thurston*                                           Randi Becker                          (Prefers Republican Party)

3                                    Spokane*                                                          Lisa Brown                             (Prefers Democratic Party)

4                                    Spokane*                                                          Bob McCaslin                        (Prefers Republican Party)

5                                    King*                                                               Cheryl Pflug                           (Prefers Republican Party)

9                                    Adams, Asotin, Franklin*, Garfield,                Mark G. Schoesler                  (Prefers G.O.P. Party)

                                      Spokane*, Whitman

10                                  Island, Skagit*, Snohomish                              Mary Margaret Haugen          (Prefers Democratic Party)

11                                  King*                                                               Margarita Prentice                  (Prefers Democratic Party)

12                                  Chelan, Douglas, Grant*, Okanogan*              Linda Evans Parlette               (Prefers Democratic Party)

14                                  Yakima*                                                           Curtis King                             (Prefers Republican Party)

16                                  Benton*, Columbia, Franklin*,                        Mike Hewitt                           (Prefers Republican Party)

                                      Walla Walla

17                                  Clark*                                                              Don Benton                            (Prefers Republican Party)

18                                  Clark*, Cowlitz*                                              Joseph Zarelli                         (Prefers Republican Party)

19                                  Cowlitz*, Grays Harbor*,                                Brian Hatfield                         (Prefers Democratic Party)

                                      Pacific, Wahkiakum

20                                  Lewis, Thurston*                                             Dan Swecker                          (Prefers Republican Party)

22                                  Thurston*                                                         Karen Fraser                           (Prefers Democratic Party)

23                                  Kitsap                                                               Phil Rockefeller                      (Prefers Democratic Party)

24                                  Clallam, Grays Harbor*, Jefferson                  Jim Hargrove                          (Prefers Democratic Party)

25                                  Pierce*                                                             Jim Kastama                           (Prefers Democratic Party)

27                                  Pierce*                                                             Debbie Regala                        (Prefers Democratic Party)

28                                  Pierce*                                                             Mike Carrell                           (Prefers Republican Party)

34                                  King*                                                               Joe McDermott                       (Prefers Democratic Party)

39                                  King*, Skagit*,                                                Val Stevens                            (Prefers Republican Party)

                                      Snohomish*, Whatcom

40                                  San Juan, Skagit*, Whatcom*                          Kevin Ranker                         (Prefers Democratic Party)

41                                  King*                                                               Fred Jarrett                             (Prefers Democratic Party)

49                                  Clark*                                                              Craig Pridemore                     (Prefers Democratic Party)

 

SENATORS WHOSE TERMS EXPIRE IN 2011

 

DISTRICT                    COUNTIES REPRESENTED                                                                         NAME

 

6                                    Spokane*                                                                                                          Chris Marr

7                                    Ferry, Lincoln, Okanogan*, Pend Oreille, Spokane*, Stevens                        Bob Morton

8                                    Benton*                                                                                                            Jerome Delvin

13                                  Benton*, Grant*, Kittitas, Yakima*                                                                 Janea Holmquist

15                                  Benton*, Klickitat, Skamania*, Yakima*                                                        Jim Honeyford

21                                  Snohomish*                                                                                                     Paull Shin

26                                  Kitsap*, Pierce*                                                                                               Derek Kilmer

29                                  Pierce*                                                                                                             Rosa Franklin

30                                  King*                                                                                                               Tracey Eide

31                                  King*, Pierce*                                                                                                 Pam Roach

32                                  King*, Snohomish                                                                                           Darlene Fairley

33                                  King*                                                                                                               Karen Keiser

35                                  Grays Harbor*, Kitsap*, Mason, Thurston*                                                    Tim Sheldon

36                                  King*                                                                                                               Jeanne Kohl-Welles

37                                  King*                                                                                                               Adam Kline

38                                  Snohomish*                                                                                                     Jean Berkey

42                                  Whatcom*                                                                                                        Dale Brandland

43                                  King*                                                                                                               Ed Murray

44                                  Snohomish*                                                                                                     Steve Hobbs

45                                  King*                                                                                                               Eric Oemig

46                                  King*                                                                                                               Ken Jacobsen

47                                  King*                                                                                                               Claudia Kauffman

48                                  King*                                                                                                               Rodney Tom

 

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the State of Washington at Olympia this 30th day of December, 2008.

SAM REED, Secretary of State

 

(Seal)

      The Secretary called the roll of the following holdover members of the Senate and all were present: Senators Berkey, Brandland, Delvin, Eide, Fairley, Franklin, Hobbs, Holmquist, Honeyford, Jacobsen, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, Morton, Murray, Oemig, Roach, Sheldon, Shin and Tom.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President of the Senate appointed a committee of honor consisting of Senators Carrell and Kauffman to escort Chief Justice Gerry Alexander to the rostrum.

The President welcomed and introduced the Honorable Alexander, Chief Justice of the Supreme Court of the state of Washington for the purpose of swearing in the newly re-elected Senators.

 

      The Secretary called the roll of the following newly re-elected members of the Senate and all were present: Senators Benton, Brown, Carrell, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Kastama, King, McAuliffe, McCaslin, Parlette, Pflug, Prentice, Pridemore, Regala, Rockefeller, Schoesler, Stevens Swecker and Zarelli.

 


      The Sergeant at Arms escorted each of the newly re-elected members of the Senate to the rostrum of the Senate to receive the oath of office.

      Chief Justice Gerry Alexander thereupon administered the oath of office to each of the newly re-elected members.

      The President presented each of the newly re-elected Senators a certificate of election.

      The Sergeant at Arms escorted each of the newly re-elected members to their seats on the floor of the senate.

 

      The Secretary called the roll on the following newly elected members of the Senate and all were present: Senators Randi Becker, Fred Jarrett, Joe McDermott and Kevin Ranker.

 

      The Sergeant at Arms escorted each of the newly elected members of the Senate to the rostrum of the Senate to receive the oath of office.

      Chief Justice Gerry Alexander thereupon administered the oath of office to each of the newly elected members.

      The President presented each of the newly elected Senators a certificate of election.

      The Sergeant at Arms escorted each of the newly elected members to their seats on the floor of the senate.

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced the family and friends of Senator Becker family who were seated in the gallery.

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced the family and friends of Senator Jarrett family who were seated in the gallery.

 

REMARKS BY THE PRESIDENT

 

President Owen: “The President would like to welcome all of the newly elected members to Washington State Senate and to their families. It’s a great privilege and honor to serve in this tremendous institution and I hope that the members of the family will come back and visit us often. You’re always welcome here.”

 

ELECTION OF PRESIDENT PRO TEMPORE

 

      The President declared nominations to be open for the office of President Pro Tempore of the Senate.

 

REMARKS BY SENATOR HARGROVE

 

Senator Hargrove: “Thank you Mr. President. I wanted to know it to your already getting us in the mood for saving money by not buying a razor or dye to color your beard. I thought that was really good.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “ The President would hope that you would continue what you’ve been doing in the interim and save us money by not eating so much.”

 

REMARKS BY SENATOR HARGROVE

 

Senator Hargrove: “I rise to nominate for President Pro Tempore, Senator Rosa Franklin. I’ve done this before and it’s because I can’t think of anybody that does a better job and backing up the President than Senator Rosa Franklin. She not only has experience, she’s been here doing this job for a number of years. She has actually more stamina than the President, I believe, she can stand up there in long hours and do a great job. She has grace which I really think is one of her defining characteristics but you better pay attention because she has kind of a quick gavel. I can sometimes remember that she will say ‘all those in favor’ and then slam the gavel before she gets the no’s down but she’s always fair and how can you resist that smile? So, I like to tell people that the President and the President Pro Tempore make all of here in the Senate look good and I’ll have to say for the President Pro Tempore that still holds true.”

 

REMARKS BY SENATOR KOHL-WELLES

 

Senator Kohl-Welles: “Thank you Mr. President. I’m very pleased to second the nomination of Senator Rosa Franklin as President Pro Tempore. It’s hard to follow Senator Hargrove as he has really covered so many of the wonderful qualities of Senator Franklin. As we’ve all known her and I believe that I can state this in a bi-partisan way, we’ve all loved her. Senator Franklin to me embodies the integrity, the respect and in fact the institution of the Washington State Senate. It’s wonderful for me and I’m sure for all of us to know that when Senator Franklin is presiding that we are going to have any decisions that need to be made in terms of calling on people, keeping the body in order, maintaining decorum that it will be handled appropriately, gently and elegantly all of these characters reflecting our wonderful colleague and I’m very happy to place her name, second her nomination. Thank you.”

 

MOTION

 

      On motion of Senator Eide, the nominations for the office of President Pro Tempore were closed.

 

ROLL CALL

 

      The Secretary called the roll and Senator Rosa Franklin was elected President Pro Tempore: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, and Zarelli.

      Absent: Senator Prentice

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      The President of the Senate appointed a committee of honor consisting of Senators Hargrove and Kohl-Welles to escort Senator Rosa Franklin to the rostrum.

      Chief Justice Alexander thereupon administered the oath of office to Senator Franklin.

      The President introduced the President Pro Tempore of the Washington State Senate, Senator Rosa Franklin.

 

REMARKS BY PRESIDENT PRO TEMPORE

 

Senator Franklin: Thank you Mr. President and ladies and gentlemen of the Senate. Thank you so much for your consent, for your approval and your approval of my performance. It is indeed an honor, a great honor to serve in these chambers and this august body. I will certainly do my best, I will be fair and the gavel of course comes down to say the bill has passed. Thank you so much.”

 

      The committee of honor escorted Senator Franklin to her seat on the floor of the senate.

 

MOTION

 

On motion of Senator Eide, Senator Prentice was excused.

 

ELECTION OF VICE PRESIDENT PRO TEMPORE

 

      The President declared nominations to be open for the office of Vice President Pro Tempore of the Senate.

 

REMARKS BY SENATOR BERKEY

 

Senator Berkey: “Mr. President, I would like to nominate Senator Paull Shin for Vice President Pro Tempore. Thank you Mr. President, ladies and gentlemen. Senator Shin is extremely well respected and well qualified for this position. During his professional career in higher education he served as a college professor for thirty-one years so we know he’s quick on his feet. Paull has also served as a senator since 1998 representing the Twenty-first legislative district in Snohomish County. He has served us as the Vice President Pro Tempore for eight sessions. With his knowledge of Senate operating procedures I believe he has done an exemplary job. Please support Senator Shin for this position. Thank you.”

 

REMARKS BY SENATOR MCAULIFFE

 

Senator McAuliffe: “Thank you Mr. President. It’s my honor to second the nomination of Senator Paull Shin for Vice President Pro Tempore for the Washington State. Thank you Mr. President. Senator Shin is known and respected for his work nationally and internationally building relationships between the people of Korea and Washington State. He represents us well in many countries and he makes Washington State respected because of the work he does with all people of all nations. He will maintain the dignity of the Senate as has the Lieutenant Governor and we are honored to have him served.”

 

MOTION

 

      On motion of Senator Eide, the nominations for the office of Vice President Pro Tempore were closed.

 

ROLL CALL

 

      The Secretary called the roll and Senator Paull Shin was elected Vice President Pro Tempore: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli.

      Excused: Senator Prentice

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      The President of the Senate appointed a committee of honor consisting of Senators Berkey and McAuliffe to escort Senator Paull Shin to the rostrum.

      Chief Justice Alexander thereupon administered the oath of office to Senator Shin.

      The President introduced the Vice President Pro Tempore of the Washington State Senate Senator Paull Shin.

 

REMARKS BY SENATOR SHIN

 

Senator Shin: “My colleagues in the Senate. About 2000 years ago our mentor Confucius said, ‘When I was fifteen I began my studies, when I was thirty I opened my eyes and when I became fifty I was ready to listen,’ I’m still an infant, learning stage. I’m a student and thank you for confidence and trust you’ve placed in me and I’ll do my best to assist Senator Rosa Franklin in her absence, Lieutenant Governor Owen and to carry out my responsibilities. Thank you very much.”

 

      The committee of honor escorted Senator Shin to his seat on the floor of the senate.

 

ELECTION OF SECRETARY OF SENATE

 

      The President declared nominations to be open for the office of Secretary of the Senate.

 

REMARKS BY SENATOR MURRAY

 

Senator Murray: “Thank you Mr. President. I place into nomination for Secretary of Senate the name of Tom Hoemann. Thank you Mr. President. I think that we have all come to know Tom over the last four years as an outstanding Secretary of the Senate and for many years as an outstanding employee of the Senate. He has brought fairness, leadership and an even tempered attitude to what can be a very difficult job. I have particularly come to appreciate him in my new capacity as Chair of the Facilities and Operations Committee where his strategic approach and his concern for this body as an institution helps us in so many ways. I would add though if you don’t like you’re parking place, it’s his fault and not mine. Having said that I think we are lucky to have Tom willing to serve for yet another term. Thank you.”

 

REMARKS BY SENATOR PARLETTE

 

Senator Parlette: “Thank you Mr. President. It is my honor to second the nomination of Tom Hoemann for Secretary of the Senate. Thank you Mr. President. I know that Tom really cares about doing a very, very good job and he is doing of his ability. It’s kind of difficult, all those people under him that he has to have report to him and sometimes they get a bit unruly and that doesn’t make him happy. I’m happy to tell you he took the time to come to my district and see me, but I think to be honest it’s because of the good wineries in the Lake Chelan area. I won’t hold that against him but I hope you will join me and support him as I do believe he’s doing an excellent job as Secretary of the Senate.”

 

MOTION

 

      On motion of Senator Eide, the nominations for the office of Secretary of the Senate were closed.

 

ROLL CALL

 

      The Secretary called the roll and Tom Hoemann was elected Secretary of the Senate: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli.

      Excused: Senator Prentice

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      The President of the Senate appointed a committee of honor consisting of Senators Parlette and Murray to escort Tom Hoemann to the rostrum.

      Chief Justice Alexander thereupon administered the oath of office to Tom Hoemann.

      The President introduced the Secretary of the Senate of the Washington State Senate Tom Hoemann.

      The committee of honor escorted Tom Hoemann to his place at the rostrum.

 

ELECTION OF SERGEANT AT ARMS

 

      The President declared nominations to be open for the office of Sergeant at Arms.

 

REMARKS BY SENATOR KASTAMA

 

Senator Kastama: “Thank you Mr. President. It’s my honor to place nomination the name of Jim Ruble for Sergeant at Arms. Thank you Mr. President. We’ve been honored to have Jim Ruble as our Sergeant at Arms now for four years. He’s brought a level of security here that has created a constructive climate for us to conduct the state’s business. Prior to him coming here I want to give you a little background of his, what he was involved in. For thirty years he in fact had experience in the class room so you know he’s very good at keeping us level of decorum amongst many different individuals and primary intermediate junior high levels and adult classes. He was chairman of the Puyallup School District Social Studies department and after retirement he continued as a state and national history and government student, writer and book editor. Again, this will be his third term as Sergeant at Arms. He’s a European traveler, a Puyallup fair tractor driver, husband and father and most importantly my former civics teacher at Kalles Junior High and my former football coach. With that I would ask you to approve his nomination.”

 

MOTION

 

      On motion of Senator Eide, the nominations for the office of Sergeant at Arms of the Senate were closed.

 

ROLL CALL

 

      The Secretary called the roll and Jim Ruble was elected Sergeant at Arms of the Senate: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli.

      Excused: Senator Prentice

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      The President of the Senate appointed a committee of honor consisting of Senators Kastama and Parlette to escort Jim Ruble to the rostrum.

      Chief Justice Alexander thereupon administered the oath of office to Jim Ruble.

      The President introduced the Sergeant at Arms of the Senate of the Washington State Senate Jim Ruble.

      The committee of honor escorted Jim Ruble to his place at the rostrum.

 

      The President of the Senate thanked Chief Justice Gerry Alexander.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      The President of the Senate appointed a committee of honor consisting of Senators Carrell and Kaffman to escort Chief Justice Gerry Alexander from the Senate chambers.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the eighth order of business.

 

MOTION

 

      Senator Eide moved adoption of the following resolution:

 

SENATE RESOLUTION

8600

 

By Senators Brown and Hewitt

 


      BE IT RESOLVED, That a committee of four be appointed to notify the House of Representatives that the Senate is now organized and ready to transact business.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8600.

      The motion by Senator Eide carried and the resolution was adopted by voice vote.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

In accordance with Senate Resolution No. 8600, the President appointed Senators Holmquist, Jarrett, King and Ranker to notify the House of Representatives that the Senate is organized and ready to conduct business.

 

MOTION

 

      On motion of Senator Eide, the appointments were confirmed.

      The Sergeant at Arms announced the arrival of a delegation from the House of Representatives and the delegation was escorted to the bar of the Senate.

 

COMMITTEE FROM THE HOUSE

 

A committee from the House of Representatives consisting of Representatives Appleton, Ericks, Herrera and Schmick appeared before the bar of the Senate and notified the Senate that the House was organized and ready to conduct business.

The President received the report of the committee and the committee returned to the House of Representatives.

 

MOTION

 

      Senator Eide moved adoption of the following resolution:

 

SENATE RESOLUTION

8601

 

By Senators Eide and Schoesler

 

      BE IT RESOLVED, That the Rules of the Senate for the 2007 Regular Session of the 60th Legislature, as amended in the 2007 Regular Session and the 2008 Regular Session, be adopted as amended as the Rules of the Senate for the 2009 Regular Session of the 61st Legislature, to read as follows:

 

PERMANENT RULES

OF THE

SENATE

SIXTY-FIRST LEGISLATURE

2009

 

SECTION I - OFFICERS-MEMBERS-EMPLOYEES

Rule 1 Duties of the President

Rule 2 President Pro Tempore

Rule 3 Secretary of the Senate

Rule 4 Sergeant at Arms

Rule 5 Subordinate Officers

Rule 6 Employees

Rule 7 Conduct of Members and Officers

SECTION II - OPERATIONS AND MANAGEMENT

Rule 8 Payment of Expenses- Facilities and Operations

Rule 9 Use of Senate Chambers

Rule 10 Admission to the Senate

Rule 11 ENGROSSED Printing of Bills

Rule 12 Furnishing Full File of Bills

Rule 13 Regulation of Lobbyists

Rule 14 Security Management

SECTION III - RULES AND ORDER

Rule 15 Time of Convening

Rule 16 Quorum

Rule 17 Order of Business

Rule 18 Special Order

Rule 19 Unfinished Business

Rule 20 Motions and Senate Floor Resolutions (How Presented)

Rule 21 Precedence of Motions

Rule 22 Voting

Rule 23 Announcement of Vote

Rule 24 Call of the Senate

Rule 25 One Subject in a Bill

Rule 26 No Amendment by Mere Reference to Title of Act

Rule 27 Reading of Papers

Rule 28 Comparing Enrolled and Engrossed Bills

SECTION IV - PARLIAMENTARY PROCEDURE

Rule 29 Rules of Debate

Rule 30 Recognition by the President

Rule 31 Call for Division of a Question

Rule 32 Point of Order- Decision Appealable

Rule 33 Question of Privilege

Rule 34 Protests

Rule 35 Suspension of Rules

Rule 36 Previous Question

Rule 37 Reconsideration

Rule 38 Motion to adjourn

Rule 39 Yeas and Nays- When Must be Taken

Rule 40 Reed's Parliamentary Rules

SECTION V - COMMITTEES

Rule 41 Committees- Appointment and Confirmation

Rule 42 Subcommittees

Rule 43 Subpoena Power

Rule 44 Duties of Committees

Rule 45 Committee Rules

Rule 46 Committee Meetings During Sessions

Rule 47 Reading of Reports

Rule 48 Recalling Bills from Committees

Rule 49 Bills Referred to Rules Committee

Rule 50 Rules Committee

Rule 51 Employment Committee

Rule 52 Committee of the Whole

Rule 53 Appropriation Budget Bills

SECTION VI - BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL

APPOINTMENTS

Rule 54 Definitions

Rule 55 Prefiling

Rule 56 Introduction of Bills

Rule 57 Amendatory Bills

Rule 58 Joint Resolutions and Memorials

Rule 59 Senate Concurrent Resolutions

Rule 60 Committee Bills

Rule 61 Committee Reference

Rule 62 Reading of Bills

Rule 63 First Reading

Rule 64 Second Reading/Amendments

Rule 65 Third Reading

Rule 66 Scope and Object of Bill Not to be Changed

Rule 67 Matter Related to Disagreement Between the Senate and House

Rule 68 Bills Committed for Special Amendment

Rule 69 Confirmation of Gubernatorial Appointees

 

SECTION I

OFFICERS-MEMBERS-EMPLOYEES

 


Duties of the President

 

      Rule 1. 1. The president shall take the chair and call the senate to order precisely at the hour appointed for meeting, and, if a quorum be present, shall cause the journal of the preceding day to be read. (See also Art. 3, Sec. 16, State Constitution.)

      2. The president shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the chamber, legislative area, legislative offices or buildings, and legislative hearing and meeting rooms, shall order the sergeant at arms to suppress the same, and may order the arrest of any person creating any disturbance within the senate chamber. The use of cellular or digital telephones is prohibited within the senate chamber during floor session and within a hearing room

during a committee hearing, and this prohibition shall be enforced in the same manner as any other breach of order and decorum.

      3. The president shall have charge of and see that all officers and employees perform their respective duties, and shall have general control of the senate chamber and wings. (See also Art. 2, Sec. 10, State Constitution.)

      4. The president may speak to points of order in preference to members, arising from the president's seat for that purpose, and shall decide all questions of order subject to an appeal to the senate by any member, on which appeal no member shall speak more than once without leave of the senate.

      5. The president shall, in open session, sign all acts, addresses and joint resolutions. The president shall sign all writs, warrants and subpoenas issued by order of the senate, all of which shall be attested by the secretary. (See also Art. 2, Sec. 32, State Constitution.)

      6. The president shall appoint all conference, special, joint and hereinafter named standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate. In the event the senate refuses to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.

      7. The president shall, on each day, announce to the senate the business in order, and no business shall be taken up or considered until the order to which it belongs shall be declared.

      8. The president shall decide and announce the result of any vote taken.

      9. When a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Sec.

      10 and 22, State Constitution.)

 

President Pro Tempore

 

      Rule 2. 1. Upon the organization of the senate the members shall elect one of their number as president pro tempore who shall have all the powers and authority and who shall discharge all the duties of lieutenant governor acting as president during the lieutenant governor's absence. The senate shall also elect a vice-president pro tempore who will serve in the absence of the lieutenant governor and the president pro tempore. (See Art. 2, Sec. 10, State Constitution.)

      2. In the absence of the president pro tempore, and vice president pro tempore, or with their consent, the president shall have the right to name any senator to perform the duties of the chair, but such substitution shall not extend beyond an adjournment, nor authorize the senator so substituted to sign any documents requiring the signature of the president.

 

Secretary of the Senate

 

      Rule 3. 1. The senate shall elect a secretary, who shall appoint a deputy secretary, both of whom shall be officers of the senate and shall perform the usual duties pertaining to their offices, and they shall hold office until their successors have been elected or appointed.

      2. The secretary is the Personnel Officer of the senate and shall appoint, subject to the approval of the senate, all other senate employees and the hours of duty and assignments of all senate employees shall be under the secretary's directions and instructions and they may be dismissed at the secretary's discretion.

      3. The secretary of the senate, prior to the convening of the next regular session, shall prepare his office to receive bills which the holdover members and members-elect may desire to prefile commencing with the first Monday in December preceding any regular session or twenty days prior to any special session of the legislature.

 

Sergeant at Arms

 

      Rule 4. 1. The senate shall elect a sergeant at arms who shall perform the usual duties pertaining to that office, and shall hold office until a successor has been elected.

      2. The sergeant at arms shall not admit to the floor of the senate during the time the senate is not convened any person other than specifically requested by a senator, the president, or the secretary of the senate, in writing or when personally accompanied by a senator.

 

Subordinate Officers

 

      Rule 5. The subordinate officers of the senate shall perform such duties as usually pertain to their respective positions in legislative bodies under the direction of the president, and such other duties as the senate may impose upon them. Under no circumstances shall the compensation of any employee be increased for past services. (See also Art. 2, Sec. 25, State Constitution.)

 

Employees

 

      Rule 6. 1. No senate employee shall lobby in favor of or against any matter under consideration.

      2. Senate employees are governed by joint rules and chapters 42.17 (the Public Disclosure Act) and 42.52 RCW (the Ethics in Public Service Act).

 

Conduct of Members and Officers

 

      Rule 7. 1. Indecorous conduct, boisterous or unbecoming language will not be permitted in the senate at any time. The use of cellular or digital telephones is prohibited within the senate chamber during floor session and within a hearing room during a committee hearing.

      2. In cases of breach of decorum or propriety, any senator, officer or other person shall be liable to such censure or punishment as the senate may deem proper, and if any senator be called to order for offensive or indecorous language or conduct, the person calling the senator to order shall report the language excepted to which shall be taken down or noted at the secretary's desk. No member shall be held to answer for any language used upon the floor of the senate if business

has intervened before exception to the language was thus taken and noted.

      3. If any senator in speaking, or otherwise, transgresses the rules of the senate, the president shall, or any senator may, call that senator to order, and a senator so called to order shall resume the senator's seat and not proceed without leave of the senate, which leave, if granted, shall be upon motion "that the senator be allowed to proceed in order," when, if carried, the senator shall speak to the question under consideration.

      4. No senator shall be absent from the senate without leave, except in case of accident or sickness, and if any senator or officer shall be absent the senator's per diem shall not be allowed or paid, and no senator or officer shall obtain leave of absence or be excused from attendance without the consent of a majority of the members present.

      5. In the event of a motion or resolution to censure or punish, or any procedural motion thereto involving a senator, that senator shall not vote thereon. The senator shall be allowed to answer to such motion or resolution. An election or vote by the senate on a motion to censure or punish a senator shall require the vote of a majority of all senators elected or appointed to the senate. A vote to expel a member shall require a two-thirds concurrence of all members elected or appointed to the senate. All votes shall be taken by yeas and nays and the votes shall be entered upon the journal. (See also Art. 2, Sec. 9, State Constitution.)

 

SECTION II

OPERATIONS AND MANAGEMENT

Payment of Expenses - Facilities and Operations

 

      Rule 8. 1. After the reorganization caucuses of the Senate, the majority caucus shall designate four members and the minority caucus shall designate three members to serve on the Facilities and Operations Committee. The chair of the majority caucus shall be the chair of the Facilities and Operations Committee. The operation of the Senate shall transfer to the newly designated members after the reorganization caucuses of the Senate.

      2. All necessary expenses of the senate incurred during the session shall be signed for by the secretary and approved by a majority of the committee on facilities and operations. The committee on facilities and operations shall carefully consider all items of expenditure ordered or contracted on the part of the senate, and report upon the same prior to the voucher being signed by the secretary of the senate authorizing the payment thereof. The committee on facilities and operations shall issue

postage only as follows:

      (a) To elected or appointed members of the senate in an amount sufficient to allow performance of their legislative duties.

      (b) To the secretary of the senate in an amount sufficient to carry out the business of the senate.

 

Use of Senate Chambers

 

      Rule 9. The senate chamber and its facilities shall not be used for any but legislative business, except by permission of the senate while in session, or by the facilities and operations committee when not in session.

 

Admission to the Senate

 

      Rule 10. The sergeant at arms shall admit only the following individuals to the floor and adjacent areas of the senate for the period of time beginning one-half hour before convening and ending when the senate has adjourned or recessed for an hour or more:

      The governor and/or designees,

Members of the house of representatives,

State elected officials,

Officers and authorized employees of the legislature,

Honored guests being presented to the senate,

Former members of the senate who are not registered lobbyists pursuant to chapter 42.17 RCW,

Representatives of the press,

Persons specifically requested by a senator to the president in writing or only as long as accompanied by a senator.

 

Printing of Bills

 

      Rule 11. The number of bills printed and reprinted shall be at the discretion of the secretary of the senate, with the approval of the facilities and operations committee.

 

Furnishing Full File of Bills

 

      Rule 12. Persons, firms, corporations and organizations within the state, desirous of receiving copies of all printed senate bills, shall make application therefor to the secretary of the senate. The bill clerk shall send copies of all printed senate bills to such persons, firms, corporations and organizations as may be ordered by the secretary of the senate. The secretary of the senate is authorized to recoup costs.

 

Regulation of Lobbyists

 

      Rule 13. All persons who engage in lobbying of any kind as defined in chapter 42.17 RCW shall be subject to the rules of the senate and legislature when lobbying before the senate. Any person who fails to conform to the senate or joint rules may have their privilege to lobby and all other privileges revoked upon a majority vote of the committee on rules for such time as is deemed appropriate by the committee.

      Any person registered as a lobbyist pursuant to chapter 42.17 RCW who intervenes in or attempts to influence any personnel decision of the senate regarding any employee may suffer an immediate revocation of all privileges before the senate or such other privileges and for such time as may be deemed appropriate by the senate committee on rules. This restriction shall not prohibit a registered lobbyist from making written recommendations for staff positions.

 

Security Management

 

      Rule 14. The sergeant at arms may develop methods to protect the Senate, including its members, staff, and the visiting public, by establishing procedures to curtail the use or possession of any weapon in a manner that is prohibited by law or by the rules of the Department of General Administration.

 

SECTION III

RULES AND ORDER

Time of Convening

 

      Rule 15. The senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.

 

Quorum

 

      Rule 16. A majority of all members elected or appointed to the senate shall be necessary to constitute a quorum to do business. Less than a quorum may adjourn from day to day until a quorum can be had. (See Art. 2, Sec. 8, State Constitution.)

 

Order of Business

 

      Rule 17. After the roll is called and journal read and approved, business shall be disposed of in the following order:

FIRST. Reports of standing committees.


SECOND. Reports of select committees.

THIRD. Messages from the governor and other state officers.

FOURTH. Messages from the house of representatives.

FIFTH. Introduction, first reading and reference of bills, joint memorials, joint resolutions and concurrent resolutions.

SIXTH. Second reading of bills.

SEVENTH. Third reading of bills.

EIGHTH. Presentation of petitions, memorials and floor resolutions.

NINTH. Presentation of motions.

      The order of business established by this rule may be changed and any order of business already dealt with may be reverted or advanced to by a majority vote of those present. All questions relating to the priority of business shall be decided without debate. Messages from the governor, other state officers, and from the house of representatives may be considered at any time with the consent of the senate.

 

Special Order

 

      Rule 18. The president shall call the senate to order at the hour fixed for the consideration of a special order, and announce that the special order is before the senate, which shall then be considered unless it is postponed by a majority vote of the members present, and any business before the senate at the time of the announcement of the special order shall take its regular position in the order of business, except that if a cutoff established by concurrent resolution occurs during the special order, the senate may complete the measure that was before the senate when consideration of the special order was commenced.

 

Unfinished Business

 

      Rule 19. The unfinished business at the preceding adjournment shall have preference over all other matters, excepting special orders, and no motion or any other business shall be received without special leave of the senate until the former is disposed of.

 

Motions and Senate Floor Resolutions

(How Presented)

 

      Rule 20. 1. No motion shall be entertained or debated until announced by the president and every motion shall be deemed to have been seconded. It shall be reduced to writing and read by the secretary, if desired by the president or any senator, before it shall be debated, and by the consent of the senate may be withdrawn before amendment or action.

      2. The Senate shall consider no more than one floor resolution per day in session: Provided, That this rule shall not apply to floor resolutions essential to the operation of the Senate; and further Provided, That there shall be no limit on the number of floor resolutions considered on Senate pro forma session days. Senate floor resolutions shall be acted upon in the same manner as motions. All senate floor resolutions shall be on the secretary's desk at least twenty-four hours prior to

consideration. Members' names shall only be added to the resolution if the member signs the resolution. Members shall have until thirty minutes after the senate is convened the following day the senate is in a regular or pro forma session to add their names to the floor resolution. A motion may be made to close the period for signatures at an earlier time.

 

Precedence of Motions

 

      Rule 21. When a motion has been made and stated by the chair the following motions are in order, in the rank named:

 

PRIVILEGED MOTIONS

 

Adjourn, recess, or go at ease

Reconsider

Demand for call of the senate

Demand for roll call

Demand for division

Question of privilege

Orders of the day

INCIDENTAL MOTIONS

Points of order and appeal

Method of consideration

Suspend the rules

Reading papers

Withdraw a motion

Division of a question

SUBSIDIARY MOTIONS

1st Rank: To lay on the table

2nd Rank: For the previous question

3rd Rank: To postpone to a day certain

To commit or recommit

To postpone indefinitely

4th Rank: To amend

 

      No motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall again be allowed on the same day and at the same stage of the proceedings, and when a question has been postponed indefinitely it shall not again be introduced during the session.

      A motion to lay an amendment on the table shall not carry the main question with it unless so specified in the motion to table.

      At no time shall the senate entertain a Question of Consideration.

 

Voting

 

      Rule 22. 1. In all cases of election by the senate, the votes shall be taken by yeas and nays, and no senator or other person shall remain by the secretary's desk while the roll is being called or the votes are being counted. No senator shall be allowed to vote except when within the bar of the senate, or upon any question upon which he or she is in any way personally or directly interested, nor be allowed to explain a vote or discuss the question while the yeas and nays are being called,

nor change a vote after the result has been announced. (See also Art. 2, Secs. 27 and 30, State Constitution.)

      2. A member not voting by reason of personal or direct interest, or by reason of an excused absence, may explain the reason for not voting by a brief statement not to exceed fifty words in the journal.

      3. The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec. 21, State Constitution.)

      When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Rule 24.)

      4. A senator having been absent during roll call may ask to have his or her name called. Such a request must be made before the result of the roll call has been announced by the president.

      5. The passage of a bill or action on a question is lost by a tie vote, but when a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Secs. 10 and 22, State Constitution.)

      6. The order of the names on the roll call shall be alphabetical by last name.

      7. All votes in a committee shall be recorded, and the record shall be preserved as prescribed by the secretary of the senate. One-sixth of the committee may demand an oral roll call.

      8. If a member of the majority is going to be absent due to a health matter or other emergency, then a member of the minority may publicly announce on the floor of the senate that he or she will cast votes as he or she believes the absent member would have voted in order to avoid results that would only occur because of the unanticipated absence.

 

Announcement of Vote

 

      Rule 23. The announcement of all votes shall be made by the president.

 

Call of the Senate

 

      Rule 24. Although a roll call is in progress, a call of the senate may be moved by three senators, and if carried by a majority of all present the secretary shall call the roll, after which the names of the absentees shall again be called. The doors shall then be locked and the sergeant at arms directed to take into custody all who may be absent without leave, and all the senators so taken into custody shall be presented at the bar of the senate for such action as the senate may deem proper.

 

One Subject in a Bill

 

      Rule 25. No bill shall embrace more than one subject and that shall be expressed in the title. (See also Art. 2, Sec. 19, State Constitution.)

 

No Amendment by Mere Reference to Title of Act

 

Rule 26. No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length. (See also Art. 2, Sec. 37, State Constitution.)

 

Reading of Papers

 

Rule 27. When the reading of any paper is called for, and is objected to by any senator, it shall be determined by a vote of the senate, without debate.

      Any and all copies of reproductions of newspaper or magazine editorials, articles or cartoons or publications or material of any nature distributed to senators' desks must bear the name of at least one senator granting permission for the distribution. This shall not apply to materials normally distributed by the secretary of the senate or the majority or minority caucuses.

 

Comparing Enrolled and Engrossed Bills

 

      Rule 28. Any senator shall have the right to compare an enrolled bill with the engrossed bill and may note any objections in the Journal.

 

SECTION IV

PARLIAMENTARY PROCEDURE

Rules of Debate

 

      Rule 29. When any senator is about to speak in debate, or submit any matter to the senate, the senator shall rise, and standing in place, respectfully address the President, and when recognized shall, in a courteous manner, speak to the question under debate, avoiding personalities; provided that a senator may refer to another member using the title "Senator" and the surname of the other member. No senator shall impeach the motives of any other member or speak more than twice

(except for explanation) during the consideration of any one question, on the same day or a second time without leave, when others who have not spoken desire the floor, but incidental and subsidiary questions arising during the debate shall not be considered the same question. A majority of the members present may further limit the number of times a member may speak on any question and may limit the length of time a member may speak but, unless a demand for the previous question

has been sustained, a member shall not be denied the right to speak at least once on each question, nor shall a member be limited to less than three minutes on each question. In any event, the senator who presents the motion may open and close debate on the question.

 

Recognition by the President

 

      Rule 30. When two or more senators rise at the same time to address the chair, the president shall name the one who shall speak first, giving preference, when practicable, to the mover or introducer of the subject under consideration.

 

Call for Division of a Question

 

      Rule 31. Any senator may call for a division of a question, which shall be divided if it embraces subjects so distinct that one being taken away a substantive proposition shall remain for the decision of the senate; but a motion to strike out and insert shall not be divided.

 

Point of Order - Decision Appealable

 

      Rule 32. Every decision of points of order by the president shall be subject to appeal by any senator, and discussion of a question of order shall be allowed. In all cases of appeal the question shall be: "Shall the decision of the president stand as the judgment of the senate?"

 

Question of Privilege

 

      Rule 33. Any senator may rise to a question of privilege and explain a personal matter by leave of the president, but shall not discuss any pending question in such explanations, nor shall any question of personal privilege permit any senator to introduce any person or persons in the galleries. The president upon notice received may acknowledge the presence of any distinguished person or persons.

      A question of privilege shall involve only subject matter which affects the particular senator personally and in a manner unique and peculiar to that senator.

 

Protests

 

      Rule 34. Any senator or senators may protest against the action of the senate upon any question. Such protest may be entered upon the journal if it does not exceed 200 words. The senator protesting shall file the protest with the secretary of the senate within 48 hours following the action protested.

 

Adoption and Suspension of Rules

 

      Rule 35. 1. The permanent senate rules adopted at the first regular session during a legislative biennium shall govern any session subsequently convened during the same legislative biennium. Adoption of permanent rules may be by majority of the senate without notice and a majority of the senate may change a permanent rule without notice at the beginning of any session, as determined pursuant to Article 2, Section 12 of the State Constitution. No permanent rule or order of the senate shall be rescinded or changed without a majority vote of the members, and one day's notice of the motion.

      2. A permanent rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present unless otherwise specified herein. When the suspension of a rule is called, and after due notice from the president no objection is offered, the president may announce the rule suspended, and the senate may proceed accordingly. Motion for suspension of the rules shall not be debatable, except, the mover of the motion may briefly explain the purpose

of the motion and at the discretion of the president a rebuttal may be allowed.

 

Previous Question

 

      Rule 36. The previous question shall not be put unless demanded by three senators, and it shall then be in this form: "Shall the main question be now put?" When sustained by a majority of senators present it shall preclude all debate, except the senator who presents the motion may open and close debate on the question and the vote shall be immediately taken on the question or questions pending before the senate, and all incidental question or questions of order arising after the motion is made shall be decided whether on appeal or otherwise without debate.

 

Reconsideration

 

      Rule 37. 1. After the final vote on any measure, before the adjournment of that day's session, any member who voted with the prevailing side may give notice of reconsideration unless a motion to immediately transmit the measure to the house has been decided in the affirmative. Such motion to reconsider shall be in order only under the order of motions of the day immediately following the day upon which such notice of reconsideration is given, and may be made by any member who

voted with the prevailing side.

      2. A motion to reconsider shall have precedence over every other motion, except a motion to adjourn; and when the senate adjourns while a motion to reconsider is pending or before passing the order of motions, the right to move a reconsideration shall continue to the next day of sitting. On and after the tenth day prior to adjournment sine die of any session, as determined pursuant to Article 2, Section 12, or concurrent resolution, or in the event that the measure is subject to a senate rule or resolution or a joint rule or concurrent resolution, which would preclude consideration on the next day of sitting a motion to reconsider shall only be in order on the same day upon which notice of reconsideration is given and may be made at any time that day. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.

 

Motion to Adjourn

 

      Rule 38. Except when under call of the senate, a motion to adjourn shall always be in order. The name of the senator moving to adjourn and the time when the motion was made shall be entered upon the journal.

 

Yeas and Nays - When Must be Taken

 

      Rule 39. The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec.21, State Constitution.)

      When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Senate Rules 22 and 24.)

 

Reed's Parliamentary Rules

 

      Rule 40. The rules of parliamentary practice as contained in Reed's Parliamentary Rules shall govern the senate in all cases to which they are applicable, and in which they are not inconsistent with the rules and orders of this senate and the joint rules of this senate and the house of representatives.

 

SECTION V

COMMITTEES

Committees - Appointment and Confirmation

 

      Rule 41. The president shall appoint all conference, special, joint and standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate.

      In the event the senate shall refuse to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.

      The following standing committees shall constitute the standing committees of the senate:

 

Standing Committee                             Total Membership

((1. Agriculture and Rural Economic Development . . . . . .6

2. Consumer Protection and Housing . . . . . . . . . . . . . . . . . 9

3. Early Learning and K-12 Education . . . . . . . . . . . . . . .13

4. Economic Development, Trade and Management . . . . . .6

5. Financial Institutions and Insurance . . . . . . . . . . . . . . . .8

6. Government Operations and Elections . . . . . . . . . . . . . .7

7. Health and Long-Term Care . . . . . . . . . . . . . . . . . . . . . .9

8. Higher Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

9. Human Services and Corrections . . . . . . . . . . . . . . . . . . .7

10. Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

11. Labor, Commerce, Research and Development . . . . . . .8

12. Natural Resources, Ocean and Recreation . . . . . . . . . . .9

13. Rules . . . . . . . . . . . . .18 (plus the Lieutenant Governor)

14. Transportation . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .17

15. Water, Energy and Telecommunications . . . . . . . . . . .11

16. Ways and Means . . . . . . . . . . . . . . . . . . . . . . . . . . . .21))

1. Agriculture & Rural Economic Development . . . . . . . . .8

2. Early Learning & K-12 Education . . . . . . . . . . . . . . . . .11

3. Economic Development, Trade & Innovation . . . . . . . . .7

4. Environment, Water & Energy . . . . . . . . . . . . .. . . . . . .11

5. Financial Institutions, Housing & Insurance . . . . . . . . . .7

6. Government Operations & Elections . . . . . . . . . . . . . . . .7

7. Health & Long-Term Care . . . . . . . . . . . . . . . . . . . . . . . .9

8. Higher Education & Workforce Development . . . . . . . .10

9. Human Services & Corrections . . . . . . . . . . . . . . . . . . .7

10. Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

11. Labor, Commerce & Consumer Protection . . . . . . . . . .7

12. Natural Resources, Ocean & Recreation . . . . . . . . . . . .8

13. Rules . . . . . . . . . . . .17 (plus the Lieutenant Governor)

14. Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

15. Ways & Means. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

 

Subcommittees

 

      Rule 42. Committee chairs may create subcommittees of the standing committee and designate subcommittee chairs thereof to study subjects within the jurisdiction of the standing committee. The committee chair shall approve the use of committee staff and equipment assigned to the subcommittee. Subcommittee activities shall further be subject to facilities and operations committee approval to the same extent as are the actions of the standing committee from which they derive their authority.


 

Subpoena Power

 

      Rule 43. Any of the above referenced committees, including subcommittees thereof, or any special committees created by the senate, may have the powers of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with the provisions of chapter 44.16 RCW. The committee chair shall file with the committee on rules, priorto issuance of any process, a statement of purpose setting forth the name or names of those subject

to process. The rules committee shall consider every proposed issuance of process at a meeting of the rules committee immediately following the filing of the statement with the committee. The process shall not be issued prior to consideration by the rules committee. The process shall be limited to the named individuals and the committee on rules may overrule the service on an individual so named.

 

Duties of Committees

 

      Rule 44. The several committees shall fully consider measures referred to them. The committees shall acquaint themselves with the interest of the state specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the state: PROVIDED, That no executive action on bills may be taken during an interim.

 

Committee Rules

 

      Rule 45. 1. At least five days notice shall be given of all public hearings held by any committee other than the rules committee. Such notice shall contain the date, time and place of such hearing together with the title and number of each bill, or identification of the subject matter, to be considered at such hearing. By a majority vote of the committee members present at any committee meeting such notice may be dispensed with. The reason for such action shall be set forth in a written

statement preserved in the records of the meeting.

      2. No committee may hold a public hearing during a regular or extraordinary session on a proposal identified as a draft unless the draft has been made available to the public at least twenty four hours prior to the hearing. This rule does not apply during the five days prior to any cutoff established by concurrent resolution nor does it apply to any measure exempted from the resolution.

      3. During its consideration of or vote on any bill, resolution or memorial, the deliberations of any committee or subcommittee of the senate shall be open to the public. In case of any disturbance or disorderly conduct at any such deliberations, the chair shall order the sergeant at arms to suppress the same and may order the meeting closed to any person or persons creating such disturbance.

      4. No committee shall amend a measure, adopt a substitute bill, or vote upon any measure or appointment absent a quorum. A committee may conduct a hearing absent a quorum. A majority of any committee shall constitute a quorum and committees shall be considered to have a quorum present unless the question is raised. Any question as to quorum not raised at the time of the committee action is deemed waived.

      5. Bills reported to the senate from a standing committee must have a majority report, which shall be prepared upon a printed standing committee report form; shall be adopted at a regularly or specially called meeting during a legislative session and shall be signed by a majority of the committee; and shall carry only one of the following recommendations:

      a. Do pass;

      b. Do pass as amended;

      c. That a substitute bill be substituted therefor, and the substitute bill do pass; or

      d. Without recommendation.

      In addition to one of the above-listed recommendations, a report may also recommend that a bill be referred to another committee.

      6. A majority report of a committee must carry the signatures of a majority of the members of the committee. In the event a committee has a quorum pursuant to subsection 4 of this rule, a majority of the members present may act on a measure, subject to obtaining the signatures of a majority of the members of the committee on the majority report.

      7. Any measure, appointment, substitute bill, or amendment still within a committee's possession before it has been reported out to the full senate may be reconsidered to correct an error, change language, or otherwise accurately reflect the will of the committee in its majority and minority reports to the full senate. Any such reconsideration may be made at any time, by any member of the committee, provided that the committee has not yet reported the measure, appointment, substitute bill, or amendment out to the full senate. Any such reconsideration made after a vote has been taken or signatures obtained will require a new vote and signature sheet. Any measure which does not receive a majority vote of the members present may be reconsidered at that meeting and may again be considered upon motion of any committee member if one day's notice of said motion is provided to all committee members. For purposes of this rule, a committee is deemed to have reported a measure, appointment, substitute bill, or amendment out when it has delivered its majority and minority reports to the senate workroom. After such delivery, the committee no longer has possession of the measure, appointment, substitute bill, or amendment and no further committee action, including reconsideration, may be taken.

      8. Any member of the committee not concurring in the majority report may sign a minority report containing a recommendation of "do not pass" or "without recommendation," which shall be signed by those members of the committee subscribing thereto, and submitted with the majority report. In every case where a majority report form is circulated for signature, a minority report form shall also be circulated.

      9. When a committee reports a substitute for an original bill with the recommendation that the substitute bill do pass, it shall be in order to read the substitute bill the first time and have the same ordered printed. A motion for the substitution of the substitute bill for the original bill shall not be in order until the committee on rules places the original bill on the second reading calendar.

      10. No vote in any committee shall be taken by secret ballot nor shall any committee have a policy of secrecy as to any vote on action taken in such committee.

      11. All reports of standing committees must be on the secretary's desk one hour prior to convening of the session in order to be read at said session.

 

Committee Meetings During Sessions

 

      Rule 46. No committee shall sit during the daily session of the senate unless by special leave. No committee shall sit during any scheduled caucus.

 

Reading of Reports

 

      Rule 47. The majority report, and minority report, if there be one, together with the names of the signers thereof, shall be read by the secretary, unless the reading be dispensed with by the senate, and all committee reports shall be spread upon the journal.


 

Recalling Bills from Committees

 

      Rule 48. Any standing committee of the senate may be relieved of further consideration of any bill, regardless of prior action of the committee, by a majority vote of the senators elected or appointed. The senate may then make such orderly disposition of the bill as they may direct by a majority vote of the members of the senate.

 

Bills Referred to Rules Committee

 

      Rule 49. All bills reported by a committee to the senate shall then be referred to the committee on rules for second reading without action on the report unless otherwise ordered by the senate. (See also Rules 63 and 64.)

 

Rules Committee

 

      Rule 50. The lieutenant governor shall be a voting member and the chair of the committee on rules. The committee on rules shall have charge of the daily second and third reading calendar of the senate and shall direct the secretary of the senate the order in which the bills shall be considered by the senate and the committee on rules shall have the authority to directly refer any bill before them to any other standing committee. Such referral shall be reported out to the senate on the next day's business.

      The senate may change the order of consideration of bills on the second or third reading calendar.

      The calendar, except in emergent situations, as determined by the committee on rules, shall be on the desks and in the offices of the senators each day and shall cover the bills for consideration on the next following day.

 

Employment Committee

 

      Rule 51. The employment committee for committee staff shall consist of five members, three from the majority party and two from the minority party. The chair shall be appointed by the majority leader. The committee shall, in addition to its other duties, appoint a staff director for committee services with the concurrence of four of its members. All other decisions shall be

determined by majority vote. The committee shall operate within staffing, budget levels and guidelines as authorized and adopted by the facilities and operations committee.

 

Committee of the Whole

 

      Rule 52. At no time shall the senate sit as a committee of the whole. The senate may at any time, by the vote of the majority of the members present, sit as a body for the purpose of taking testimony on any measure before the senate.

 

Appropriation Budget Bills

 

      Rule 53. No amendment to the budget, capital budget or supplemental budget, not incorporated in the bill as reported by the ways and means committee, shall be adopted except by the affirmative vote of sixty percent of the senators elected or appointed.

 

SECTION VI

BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL APPOINTMENTS

Definitions

 

      Rule 54. "Measure" means a bill, joint memorial, joint resolution, or concurrent resolution. "Bill" when used alone means bill, joint memorial, joint resolution, or concurrent resolution. "Majority" shall mean a majority of those members present unless otherwise stated.

 

Prefiling

 

      Rule 55. Holdover members and members-elect to the senate may prefile bills with the secretary of the senate on any day commencing with the first Monday in December preceding any session year; or twenty days prior to any special session of the legislature. Such bills will be printed, distributed and prepared for introduction on the first legislative day. No bill, joint memorial or joint resolution shall be prefiled by title and/or preamble only. (See also Rule 3, Sub. 3.)

 

Introduction of Bills

 

      Rule 56. All bills, joint resolutions and joint memorials introduced shall be endorsed with a statement of the title and the name of the member introducing the same. Any member desiring to introduce a bill, joint resolution or joint memorial shall file the same with the secretary of the senate by noon of the day before the convening of the session at which said bill, joint resolution or joint memorial is to be introduced.

      After the expiration of deadlines for bill introductions provided for by resolution, no bill shall be introduced, except as the legislature shall direct by a vote of two-thirds of all the members elected to each house, said vote to be taken by yeas and nays and entered upon the journal, or unless the same be at a special session. The time limitation for introduction of bills shall not apply to substitute bills reported by standing committees for bills pending before such committees and general appropriation and revenue bills. (See also Art. 2, Sec. 36, State Constitution.)

 

Amendatory Bills

 

      Rule 57. Bills introduced in the senate intended to amend existing statutes shall have the words which are amendatory to such existing statutes underlined. Any matter to be deleted from the existing statutes shall be indicated by setting such matter forth in full, enclosed by double parentheses, and such deleted matter shall be lined out with hyphens. No bill shall be printed or acted upon until the provisions of this rule shall have been complied with. Sections added by amendatory bill to an existing act, or chapter of the official code, need not be underlined but shall be designated "NEW SECTION" in upper case type and such designation shall be underlined. New enactments need not be underlined.

      When statutes are being repealed, the Revised Code of Washington section number to be repealed, the section caption and the session law history, from the most current to the original, shall be cited.

 

Joint Resolutions and Memorials

 

      Rule 58. Joint resolutions and joint memorials, up to the signing thereof by the president of the senate, shall be subject to the rules governing the course of bills.

 

Senate Concurrent Resolutions

 

      Rule 59. Concurrent resolutions shall be subject to the rules governing the course of bills and may be adopted without a roll call. Concurrent resolutions authorizing investigations and authorizing the expenditure or allocation of any money must be adopted by roll call and the yeas and nays recorded in the journal. Concurrent resolutions are subject to final passage on the day of the first reading without regard to Senate Rules 62, 63, and 64.


 

Committee Bills

 

      Rule 60. Committee bills introduced by a standing committee during a legislative session may be filed with the secretary of the senate and introduced, and the signature of each member of the committee shall be endorsed upon the cover of the original bill. Committee bills shall be read the first time by title, ordered printed, and referred to the committee on rules for second reading.

 

Committee Reference

 

      Rule 61. When a motion is made to refer a subject, and different committees are proposed, the question shall be taken in the following order:

      FIRST: A standing committee.

      SECOND: A select committee.

 

Reading of Bills

 

      Rule 62. Every bill shall be read on three separate days unless the senate deems it expedient to suspend this rule. On and after the tenth day preceding adjournment sine die of any session, or three days prior to any cut-off date for consideration of bills, as determined pursuant to Article 2, Section 12 of the Constitution or concurrent resolution, this rule may be suspended by a majority vote. (See also Rule 59).

 

First Reading

 

      Rule 63. The first reading of a bill shall be by title only, unless a majority of the members present demand a reading in full. After the first reading, bills shall be referred to an appropriate committee pursuant to Rule 61.

      Upon being reported back by committee, all bills shall be referred to the committee on rules for second reading, unless otherwise ordered by the senate. (See Rule 49.)

      A bill shall be reported back by the committee chair upon written petition therefor signed by a majority of its members. The petition shall designate the recommendation as provided in Rule 45, Sub. 5.

      No committee chair shall exercise a pocket veto of any bill.

      Should there be a two-thirds majority report of the committee membership against the bill, a vote shall be immediately ordered for the indefinite postponement of the bill.

 

Second Reading/Amendments

 

      Rule 64. Upon second reading, the bill shall be read section by section, in full, and be subject to amendment.

      Any member may, if sustained by three members, remove a bill from the consent calendar as constituted by the committee on rules. A bill removed from the consent calendar shall take its place as the last bill in the order of consideration of bills on the second reading calendar.

      No amendment shall be considered by the senate until it shall have been sent to the secretary's desk in writing and read by the secretary.

      All amendments adopted on the second reading shall then be securely fastened to the original bill.

      All amendments rejected by the senate shall be spread upon the journal, and the journal shall show the disposition of all amendments.

      When no further amendments shall be offered, the president shall declare the bill has passed its second reading, and shall be referred to the committee on rules for third reading.

 

Third Reading

 

      Rule 65. Bills on third reading shall be read in full by sections, and no amendment shall be entertained.

      When a bill shall pass, it shall be certified to by the secretary, together with the vote upon final passage, noting the day of its passage thereon.

      The vote must be taken by yeas and nays, the names of the senators voting for and against the same to be entered upon the journal and the majority of the members elected to the senate must be recorded thereon as voting in its favor to secure its passage by the senate.

 

Scope and Object of Bill Not to be Changed

 

      Rule 66. No amendment to any bill shall be allowed which shall change the scope and object of the bill. (See also Art. 2, Sec. 38, State Constitution.) Substitute bills shall be considered amendments for the purposes of this rule. A point of order raising the question of scope and object may be raised at any time during consideration of an amendment prior to voting on the amendment. A proposed amendment to an unamended title-only bill shall be within the scope and object of the bill if the subject of the amendment fits within the language in the title.

 

Matters Related to Disagreement Between the Senate and House

 

      Rule 67. When there is a disagreement between the senate and house on a measure before the senate, the senate may act upon the measure with the following motions which have priority in the following order:

To concur

To non-concur

To recede

To insist

To adhere

      These motions are in order as to any single amendment or to a series of amendments. (See Reed's Rules 247 through 254.)

      A senate bill, passed by the house with amendment or amendments which shall change the scope and object of the bill, upon being received in the senate, shall be referred to an appropriate committee and shall take the same course as for original bills, unless a motion to ask the house to recede, to insist or to adhere is made prior to the measure being referred to committee.

 

Bills Committed for Special Amendment

 

      Rule 68. A bill may be committed with or without special instructions to amend at any time

before taking the final vote.

 

Confirmation of Gubernatorial Appointees

 

      Rule 69. When the names of appointees to state offices are transmitted to the Secretary of the Senate for senate confirmation, the communication from the governor shall be recorded and referred to the appropriate standing committee.

      The standing committee, or subcommittee, pursuant to rule 42, shall require each appointee referred to the committee for consideration to complete the standard questionnaire to be used to ascertain the appointee's general background and qualifications. The committee may also require the appointee to complete a supplemental questionnaire related specifically to the qualifications for the position to which he has been appointed.

      Any hearing on a gubernatorial appointment, held by the standing committee, or subcommittees, pursuant to rule 42, shall be a public hearing. The appointee may be required to appear before the committee on request. When appearing, the appointee shall be required to testify under oath or affirmation. The chair of the committee or the presiding member shall administer the

oath or affirmation in accordance with RCW 44.16. (See also Article 2, Sec. 6 of the State Constitution.)

      Nothing in this rule shall be construed to prevent a standing committee, or subcommittee, pursuant to rule 42, upon a two-thirds vote of its members, from holding executive sessions when considering an appointment. When the committee on rules presents the report of the standing committee before the senate, the question shall be the confirmation of the name proposed, and the roll shall then be called and the yeas and nays entered upon the journal. In the event a message is received from the governor requesting return of an appointment or appointments to the office of the governor prior to confirmation, the senate shall vote upon the governor's request and the appointment or appointments shall be returned to the governor if the request is approved by a majority of the members elected or appointed. (Article 13 of the State Constitution.)

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8601.

      The motion by Senator Eide carried and the resolution was adopted by voice vote.

 

MOTION

 

      On motion of Senator Eide, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

January 12, 2009

 

MR. PRESIDENT:

The House has adopted:

      HOUSE CONCURRENT RESOLUTION NO. 4400,

and the same is herewith transmitted.

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

January 12, 2009

 

MR. PRESIDENT:

The House has adopted:

      HOUSE CONCURRENT RESOLUTION NO. 4401

and the same is herewith transmitted.

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

January 12, 2009

 

MR. PRESIDENT:

The House has adopted:

      HOUSE CONCURRENT RESOLUTION NO. 4402,

and the same is herewith transmitted.

BARBARA BAKER, Chief Clerk

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the fifth order of business.

 

INTRODUCTION AND FIRST READING

 

SB 5000             by Senators Sheldon, Parlette, Swecker, Benton, Holmquist and Roach

 

AN ACT Relating to property taxes; adding new sections to chapter 84.36 RCW; adding a new section to chapter 84.40 RCW; creating new sections; and providing a contingent effective date.

 

Referred to Committee on Ways & Means.

 

SB 5001             by Senators Jacobsen and Kauffman

 

AN ACT Relating to the American Indian endowed scholarship program; amending RCW 28B.108.050 and 28B.108.060; and repealing RCW 28B.108.070.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5002             by Senators Jacobsen and Swecker

 

AN ACT Relating to heritage livestock and poultry breeds; creating new sections; and providing an expiration date.

 

Referred to Committee on Agriculture & Rural Economic Development.

 

SB 5003             by Senators Jacobsen and Swecker

 

AN ACT Relating to providing a sales and use tax exemption for breathalyzers sold to businesses who provide alcohol for consumption on-site; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

SB 5004             by Senators Jacobsen, Swecker, Ranker and Roach

 

AN ACT Relating to creating a mobile custom farm slaughtering unit loan program; and adding a new chapter to Title 15 RCW.

 

Referred to Committee on Agriculture & Rural Economic Development.

 

SB 5005             by Senators Jacobsen and Swecker

 

AN ACT Relating to naturally raised beef cattle; and adding a new section to chapter 15.04 RCW.

 

Referred to Committee on Agriculture & Rural Economic Development.

 

SB 5006             by Senator Jacobsen

 

AN ACT Relating to genetically engineered plants; and adding a new chapter to Title 15 RCW.

 

Referred to Committee on Agriculture & Rural Economic Development.

 

SB 5007             by Senators McAuliffe, King, Oemig, Holmquist, McDermott, Kauffman, Pridemore, Kilmer, Hobbs, Tom, Brandland, Swecker, Shin, Franklin, Parlette and Roach

 

AN ACT Relating to allowing public technical colleges to offer associate transfer degrees; amending RCW 28B.50.140; and creating a new section.

 

Referred to Committee on Higher Education & Workforce Development.

 


SB 5008             by Senators Hewitt, Hobbs, Honeyford, Schoesler, Zarelli, Parlette, Stevens, Kilmer, Hatfield, Swecker, Benton and Roach

 

AN ACT Relating to hunting licensing requirements for members of the military; and amending RCW 77.32.155.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5009             by Senators Marr, Swecker, Hobbs, King, Sheldon, Kilmer, Ranker, Berkey, Haugen, Kauffman, Rockefeller, Hatfield, McAuliffe, Shin and Roach

 

AN ACT Relating to benefits charged to the experience rating accounts of employers; and amending RCW 50.29.021.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5010             by Senators Kline, Fairley, McCaslin, Kauffman and Pridemore

 

AN ACT Relating to establishing a statewide CBRNE response program; amending RCW 43.43.938; adding a new chapter to Title 43 RCW; and creating a new section.

 

Referred to Committee on Government Operations & Elections.

 

SB 5011             by Senators Kauffman, Kohl-Welles, Kline and Keiser

 

AN ACT Relating to fire safety standards for novelty lighters; adding a new chapter to Title 70 RCW; and prescribing penalties.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5012             by Senators Kilmer, Swecker, Haugen, King, Sheldon, Marr, Kauffman, McAuliffe, Parlette and Roach

 

AN ACT Relating to abducted or missing persons; amending RCW 13.60.010; and adding a new section to chapter 13.60 RCW.

 

Referred to Committee on Judiciary.

 

SB 5013             by Senators Hargrove, Brandland, Fraser, Hatfield and Parlette

 

AN ACT Relating to fees collected by county clerks; amending RCW 36.18.012 and 36.18.016; and reenacting and amending RCW 36.18.020.

 

Referred to Committee on Judiciary.

 

SB 5014             by Senators McAuliffe, Hargrove, Brandland and Stevens

 

AN ACT Relating to exempting special commitment center security information from disclosure under the public records act; and amending RCW 42.56.420.

 

Referred to Committee on Human Services & Corrections.

 

SB 5015             by Senators Franklin, Hargrove and Kauffman

 

AN ACT Relating to foster parent licensing; and amending RCW 74.15.100.

 

Referred to Committee on Human Services & Corrections.

 

SB 5016             by Senators McDermott, Parlette, Fairley, Oemig, Kilmer, Hatfield, Shin and Honeyford

 

AN ACT Relating to modifying the dates on which a special election may be held; and amending RCW 29A.04.321 and 29A.04.330.

 

Referred to Committee on Government Operations & Elections.

 

SB 5017             by Senators McDermott, Parlette, Fairley, Oemig, Hatfield, Shin, Honeyford and Haugen

 

AN ACT Relating to inactive voters; and amending RCW 29A.48.010.

 

Referred to Committee on Government Operations & Elections.

 

SB 5018             by Senators Honeyford, Swecker, Parlette, Schoesler and Carrell

 

AN ACT Relating to historic preservation; reenacting and amending RCW 43.79A.040 and 43.79A.040; adding new sections to chapter 43.334 RCW; creating a new section; making an appropriation; providing effective dates; providing an expiration date; and declaring an emergency.

 

Referred to Committee on Government Operations & Elections.

 

SB 5019             by Senators Honeyford and Swecker

 

AN ACT Relating to resident curators of state properties; adding a new section to chapter 43.19 RCW; and creating a new section.

 

Referred to Committee on Government Operations & Elections.

 

SB 5020             by Senators Honeyford and Swecker

 

AN ACT Relating to the issuance of horseless carriage plates to trailers more than thirty years old; amending RCW 46.16.305; providing an effective date; and declaring an emergency.

 

Referred to Committee on Transportation.

 

SB 5021             by Senators Honeyford, Holmquist, McCaslin, Morton and Swecker

 

AN ACT Relating to standards for electricity generated from renewable resources; amending RCW 19.28.010; and creating a new section.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5022             by Senators Honeyford, Parlette, Morton, McCaslin, Schoesler, Swecker, Brandland and Holmquist

 


AN ACT Relating to outdoor wood-fired boilers; amending RCW 70.94.453 and 70.94.457; adding new sections to chapter 70.94 RCW; creating a new section; and prescribing penalties.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5023             by Senators Honeyford and Swecker

 

AN ACT Relating to fire suppression regulation; adding a new section to chapter 81.44 RCW; and prescribing penalties.

 

Referred to Committee on Transportation.

 

SB 5024             by Senators Kline, McCaslin, Carrell and Roach

 

AN ACT Relating to notices of dishonor; and amending RCW 62A.3-540.

 

Referred to Committee on Judiciary.

 

SB 5025             by Senators Kline, McCaslin and Carrell

 

AN ACT Relating to statutory costs; and amending RCW 4.84.010 and 12.20.060.

 

Referred to Committee on Judiciary.

 

SB 5026             by Senators Regala and Brandland

 

AN ACT Relating to the collection of biological samples for DNA identification analysis; and amending RCW 43.43.754.

 

Referred to Committee on Human Services & Corrections.

 

SB 5027             by Senators Haugen and Pridemore

 

AN ACT Relating to eliminating the handling loss deduction for the motor vehicle fuel tax; repealing RCW 82.36.029; providing an effective date; and declaring an emergency.

 

Referred to Committee on Transportation.

 

SB 5028             by Senator Haugen

 

AN ACT Relating to jurisdictional route transfers; amending RCW 47.26.167; adding a new section to chapter 47.01 RCW; and recodifying RCW 47.26.167.

 

Referred to Committee on Transportation.

 

SB 5029             by Senators Oemig, Fairley, Roach, Swecker and McDermott

 

AN ACT Relating to reorganizing and making technical clarifications to campaign contribution and disclosure laws; amending RCW 42.17.020, 42.17.367, 42.17.369, 42.17.461, 42.17.463, 42.17.350, 42.17.360, 42.17.370, 42.17.690, 42.17.380, 42.17.405, 42.17.420, 42.17.450, 42.17.030, 42.17.040, 42.17.050, 42.17.060, 42.17.065, 42.17.067, 42.17.080, 42.17.090, 42.17.3691, 42.17.093, 42.17.100, 42.17.103, 42.17.105, 42.17.550, 42.17.135, 42.17.561, 42.17.565, 42.17.570, 42.17.575, 42.17.510, 42.17.520, 42.17.540, 42.17.110, 42.17.610, 42.17.640, 42.17.645, 42.17.070, 42.17.095, 42.17.125, 42.17.660, 42.17.720, 42.17.740, 42.17.790, 42.17.680, 42.17.130, 42.17.245, 42.17.150, 42.17.155, 42.17.160, 42.17.170, 42.17.172, 42.17.175, 42.17.180, 42.17.190, 42.17.200, 42.17.210, 42.17.220, 42.17.230, 42.17.240, 42.17.241, 42.17.242, 42.17.390, 42.17.395, 42.17.397, 42.17.400, and 42.56.010; reenacting and amending RCW 42.17.2401; adding a new chapter to Title 42 RCW; creating new sections; recodifying RCW 42.17.010, 42.17.020, 42.17.035, 42.17.440, 42.17.367, 42.17.369, 42.17.460, 42.17.461, 42.17.463, 42.17.350, 42.17.360, 42.17.370, 42.17.690, 42.17.380, 42.17.405, 42.17.420, 42.17.430, 42.17.450, 42.17.030, 42.17.040, 42.17.050, 42.17.060, 42.17.065, 42.17.067, 42.17.080, 42.17.090, 42.17.3691, 42.17.093, 42.17.100, 42.17.103, 42.17.105, 42.17.550, 42.17.135, 42.17.561, 42.17.565, 42.17.570, 42.17.575, 42.17.510, 42.17.520, 42.17.530, 42.17.540, 42.17.110, 42.17.610, 42.17.640, 42.17.645, 42.17.700, 42.17.070, 42.17.095, 42.17.120, 42.17.125, 42.17.650, 42.17.660, 42.17.670, 42.17.720, 42.17.730, 42.17.740, 42.17.770, 42.17.780, 42.17.790, 42.17.680, 42.17.760, 42.17.128, 42.17.130, 42.17.710, 42.17.750, 42.17.245, 42.17.150, 42.17.155, 42.17.160, 42.17.170, 42.17.172, 42.17.175, 42.17.180, 42.17.190, 42.17.200, 42.17.210, 42.17.220, 42.17.230, 42.17.240, 42.17.2401, 42.17.241, 42.17.242, 42.17.390, 42.17.395, 42.17.397, 42.17.400, 42.17.410, 42.17.900, 42.17.910, 42.17.911, 42.17.912, 42.17.920, 42.17.930, 42.17.940, 42.17.945, 42.17.950, 42.17.955, 42.17.960, 42.17.961, 42.17.962, 42.17.963, 42.17.964, 42.17.965, and 42.17.966; repealing RCW 42.17.131, 42.17.362, 42.17.365, 42.17.375, 42.17.465, 42.17.467, 42.17.469, 42.17.471, 42.17.562, 42.17.620, and 42.17.647; and providing an effective date.

 

Referred to Committee on Government Operations & Elections.

 

SB 5030             by Senators Kilmer, Hobbs, Swecker, Shin, Berkey, Eide, Hatfield, McAuliffe and Roach

 

AN ACT Relating to militia records, property, command, and administration; and amending RCW 38.12.020.

 

Referred to Committee on Government Operations & Elections.

 

SB 5031             by Senators Fairley, Hobbs, Swecker, Shin, Sheldon, Berkey, Haugen, Hatfield and McAuliffe

 

AN ACT Relating to rental or lease of armories; and amending RCW 38.20.010.

 

Referred to Committee on Government Operations & Elections.

 

SB 5032             by Senators Hobbs, Swecker, McCaslin, Shin, Berkey, Haugen, Hatfield, McAuliffe and Kilmer

 

AN ACT Relating to the Washington code of military justice; amending RCW 38.32.010, 38.32.020, 38.38.004, 38.38.008, 38.38.024, 38.38.080, 38.38.092, 38.38.132, 38.38.180, 38.38.188, 38.38.240, 38.38.244, 38.38.248, 38.38.312, 38.38.316, 38.38.376, 38.38.388, 38.38.396, 38.38.408, 38.38.412, 38.38.624, 38.38.752, 38.38.760, 38.38.800, 38.38.840, 38.38.844, and 38.38.848; and adding new sections to chapter 38.38 RCW.

 

Referred to Committee on Government Operations & Elections.

 


SB 5033             by Senators Swecker, Holmquist, McCaslin, Hatfield, Pflug, Parlette, Shin, Brandland, King, Morton, Carrell, Honeyford, Kilmer and Haugen

 

AN ACT Relating to sales and use tax exemptions for prescribed durable medical equipment used in the home and prescribed mobility enhancing equipment; amending RCW 82.08.0283, 82.12.0277, 82.08.945, and 82.12.945; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

SB 5034             by Senators Shin, Roach, Hobbs, Swecker, Kauffman, Marr, Kastama, Kilmer, McAuliffe and Haugen

 

AN ACT Relating to veterans' scoring criteria; and amending RCW 41.04.010.

 

Referred to Committee on Government Operations & Elections.

 

SB 5035             by Senators Hobbs, Swecker, Marr, Roach, Kastama, Kauffman, Kilmer, Hatfield, McAuliffe and Haugen

 

AN ACT Relating to improving veterans' access to services; and creating a new section.

 

Referred to Committee on Government Operations & Elections.

 

SB 5036             by Senators Kilmer, Roach, Hobbs, Swecker, Kauffman, Marr, Kastama, Hatfield, McAuliffe, Shin and Haugen

 

AN ACT Relating to veterans' relief; and amending RCW 73.08.005.

 

Referred to Committee on Government Operations & Elections.

 

SB 5037             by Senators Stevens, Swecker and Benton

 

AN ACT Relating to funding certain state route number 2 highway projects; amending RCW 46.16.270, 46.68.041, and 82.08.020; adding a new section to chapter 46.68 RCW; and declaring an emergency.

 

Referred to Committee on Transportation.

 

SB 5038             by Senators Kohl-Welles, King, Keiser, Franklin and Pridemore

 

AN ACT Relating to making technical corrections to gender-based terms; amending RCW 4.24.040, 9A.08.010, 9A.76.010, 11.28.090, 11.28.140, 14.12.010, 15.65.020, 18.64.011, 19.06.010, 19.210.010, 38.04.020, 38.16.030, 49.24.140, 49.24.150, 49.24.220, 62A.7-204, 62A.7-309, 69.04.009, 69.04.010, 69.04.024, 69.04.394, 69.04.396, 69.04.480, 69.41.010, 70.87.200, 70.104.020, 70.105.010, 77.55.011, 79A.05.600, 81.40.080, 81.48.050, 81.64.090, 82.75.010, 84.36.260, 85.08.310, 35.07.090, 35.07.120, 35.07.130, 35.07.140, 35.07.150, 35.07.170, 35.07.190, 35.07.200, 35.07.220, 35.13.171, 35.13A.090, 35.14.030, 35.14.060, 35.17.060, 35.17.070, 35.17.080, 35.17.150, 35.17.280, 35.18.010, 35.18.040, 35.18.050, 35.18.060, 35.18.070, 35.18.090, 35.18.110, 35.18.120, 35.18.130, 35.18.150, 35.18.170, 35.18.180, 35.18.190, 35.18.200, 35.18.280, 35.20.105, 35.20.131, 35.20.150, 35.20.170, 35.20.180, 35.20.190, 35.20.220, 35.20.240, 35.21.260, 35.21.850, 35.22.130, 35.22.210, 35.22.280, 35.22.610, 35.23.010, 35.23.111, 35.23.131, 35.23.144, 35.23.410, 35.23.440, 35.27.030, 35.27.050, 35.27.090, 35.27.120, 35.27.170, 35.27.190, 35.27.230, 35.27.280, 35.27.310, 35.27.330, 35.27.340, 35.32A.020, 35.32A.060, 35.33.011, 35.33.055, 35.33.135, 35.33.170, 35.36.010, 35.36.050, 35.36.060, 35.37.120, 35.38.050, 35.39.060, 35.44.190, 35.44.220, 35.44.230, 35.44.270, 35.45.080, 35.45.090, 35.45.130, 35.45.150, 35.49.010, 35.49.040, 35.49.090, 35.49.100, 35.50.005, 35.50.225, 35.53.070, 35.54.100, 35.55.070, 35.56.040, 35.56.080, 35.56.140, 35.58.070, 35.58.100, 35.58.130, 35.58.140, 35.58.150, 35.58.160, 35.58.210, 35.58.230, 35.58.265, 35.58.270, 35.58.370, 35.58.390, 35.58.400, 35.58.460, 35.58.530, 35.61.230, 35.63.020, 35.63.030, 35.63.040, 35.63.100, 35.68.020, 35.69.030, 35.70.030, 35.70.040, 35.70.060, 35.71.050, 35.77.030, 35.82.050, 35.82.060, 35.82.180, 35.84.050, 35.86A.060, 35.88.050, 35.88.060, 35.88.090, 35.92.260, 35.94.020, 35.94.030, 35.96.050, 35A.02.055, 35A.08.020, 35A.08.040, 35A.08.050, 35A.12.010, 35A.12.030, 35A.12.065, 35A.12.070, 35A.12.080, 35A.12.100, 35A.12.110, 35A.12.120, 35A.12.130, 35A.12.150, 35A.12.170, 35A.13.010, 35A.13.020, 35A.13.030, 35A.13.033, 35A.13.035, 35A.13.040, 35A.13.050, 35A.13.060, 35A.13.070, 35A.13.080, 35A.13.100, 35A.13.120, 35A.13.130, 35A.13.140, 35A.14.190, 35A.21.030, 35A.33.010, 35A.33.052, 35A.33.135, 35A.33.160, 35A.36.010, 35A.36.050, 35A.36.060, 35A.42.010, 35A.42.030, 35A.63.020, 35A.63.110, 36.08.020, 36.08.070, 36.08.090, 36.09.020, 36.09.040, 36.13.040, 36.16.040, 36.16.060, 36.16.070, 36.16.087, 36.16.120, 36.17.045, 36.17.050, 36.18.030, 36.18.050, 36.18.060, 36.18.070, 36.18.080, 36.18.090, 36.18.130, 36.18.160, 36.18.180, 36.22.030, 36.22.040, 36.22.050, 36.22.120, 36.22.150, 36.23.020, 36.23.040, 36.23.080, 36.24.010, 36.24.020, 36.24.040, 36.24.070, 36.24.080, 36.24.090, 36.24.110, 36.24.155, 36.24.170, 36.24.180, 36.26.050, 36.26.060, 36.26.070, 36.26.080, 36.27.010, 36.27.030, 36.27.040, 36.27.050, 36.27.070, 36.28.010, 36.28.020, 36.28.030, 36.28.040, 36.28.050, 36.28.090, 36.28.130, 36.28.150, 36.28.160, 36.28.170, 36.28.180, 36.29.025, 36.29.130, 36.32.050, 36.32.060, 36.32.100, 36.32.135, 36.32.310, 36.32.330, 36.33.070, 36.33.080, 36.33.190, 36.34.070, 36.34.150, 36.34.200, 36.35.180, 36.35.190, 36.35.220, 36.35.230, 36.35.240, 36.38.020, 36.40.010, 36.40.130, 36.40.210, 36.48.040, 36.48.050, 36.53.030, 36.53.040, 36.53.060, 36.53.100, 36.53.120, 36.53.130, 36.54.040, 36.54.060, 36.55.050, 36.57.050, 36.57.090, 36.57A.050, 36.57A.120, 36.63.255, 36.64.090, 36.67.530, 36.68.060, 36.69.120, 36.69.230, 36.69.370, 36.70.020, 36.70.080, 36.70.090, 36.70.110, 36.70.120, 36.70.150, 36.70.160, 36.70.170, 36.70.180, 36.70.250, 36.70.260, 36.70.400, 36.70.600, 36.70.850, 36.70.880, 36.71.020, 36.71.040, 36.71.050, 36.71.070, 36.76.120, 36.77.070, 36.78.090, 36.78.110, 36.79.160, 36.79.170, 36.80.015, 36.80.020, 36.80.030, 36.80.050, 36.80.060, 36.81.050, 36.81.060, 36.82.100, 36.87.040, 36.88.040, 36.88.130, 36.88.150, 36.88.200, 36.88.250, 36.88.270, 36.88.300, 36.88.330, 36.88.450, 36.90.030, 36.92.030, 36.93.070, 36.93.110, 36.93.160, 36.94.060, 36.94.290, 36.94.340, 36.95.060, 36.95.100, 36.95.110, 36.95.150, 36.95.160, 43.01.040, 43.01.050, 43.01.070, 43.03.011, 43.03.015, 43.03.020, 43.03.030, 43.03.110, 43.03.120, 43.03.170, 43.03.180, 43.03.200, 43.06.020, 43.06.040, 43.06.050, 43.06.055, 43.06.070, 43.06.080, 43.06.090, 43.06.110, 43.06.120, 43.06.200, 43.06.270, 43.07.010, 43.07.020, 43.07.030, 43.07.040, 43.07.050, 43.07.090, 43.07.110, 43.08.010, 43.08.020, 43.08.030, 43.08.040, 43.08.050, 43.08.062, 43.08.066, 43.08.068, 43.08.070, 43.08.080, 43.08.100, 43.08.120, 43.08.130, 43.08.135, 43.08.150, 43.10.010, 43.10.020, 43.10.030, 43.10.060, 43.10.080, 43.10.090, 43.10.110, 43.10.115, 43.10.120, 43.10.130, 43.10.160, 43.10.170, 43.17.030, 43.17.040, 43.17.050, 43.17.060, 43.17.100, 43.19.180, 43.19.1915, 43.19.1937, 43.19.200, 43.19.595, 43.19.600, 43.19.620, 43.19.630, 43.19.635, 43.20.030, 43.20A.040, 43.20A.110, 43.20A.310, 43.20A.320, 43.20A.415, 43.20A.605, 43.20A.635, 43.20A.660, 43.21A.050, 43.21A.067, 43.21A.090, 43.21A.100, 43.21A.140, 43.21A.600, 43.21A.605, 43.21A.610, 43.21A.620, 43.21A.630, 43.21B.020, 43.21B.050, 43.21B.060, 43.21B.080, 43.21C.010, 43.21C.020, 43.21E.010, 43.21F.405, 43.21G.080, 43.22.310, 43.22.400, 43.22.485, 43.23.015, 43.23.090, 43.23.110, 43.23.120, 43.23.130, 43.23.160, 43.24.090, 43.24.115, 43.27A.190, 43.33.040, 43.37.050, 43.37.120, 43.37.150, 43.37.160, 43.37.170, 43.41.060, 43.41.100, 43.41.106, 43.41.360, 43.43.040, 43.43.110, 43.43.120, 43.43.130, 43.43.135, 43.43.330, 43.43.350, 43.43.370, 43.43.735, 43.43.750, 43.43.815, 43.43.860, 43.46.090, 43.52.290, 43.52.374, 43.52.375, 43.52.378, 43.52A.050, 43.56.040, 43.59.010, 43.59.030, 43.59.060, 43.59.080, 43.70.210, 43.78.010, 43.78.020, 43.78.070, 43.79.074, 43.79.280, 43.79.303, 43.79.313, 43.79.323, 43.79.343, 43.79.393, 43.79A.020, 43.80.130, 43.82.140, 43.83B.220, 43.84.041, 43.84.120, 43.85.070, 43.85.190, 43.86A.020, 43.88.100, 43.89.040, 43.101.040, 43.101.050, 43.101.070, 43.115.040, 43.117.040, 43.117.050, 43.117.090, 43.126.025, 43.126.065, 43.130.040, 43.130.050, 43.336.020, 44.04.100, 44.04.120, 44.16.010, 44.16.030, 44.16.040, 44.16.070, 44.16.080, 44.16.090, 44.16.100, 44.16.120, 44.16.140, 44.16.160, 44.16.170, 44.20.060, 44.39.050, 44.39.060, 44.48.050, 44.48.060, 44.48.110, 48.02.010, 48.02.020, 48.02.030, 48.02.060, 48.02.080, 48.02.090, 48.02.100, 48.02.110, 48.02.130, 48.02.140, 48.02.150, 48.02.170, 48.03.030, 48.04.030, 48.05.110, 48.05.150, 48.05.160, 48.05.210, 48.05.290, 48.05.370, 48.06.050, 48.06.070, 48.06.100, 48.06.110, 48.06.180, 48.07.080, 48.07.150, 48.08.020, 48.08.090, 48.08.100, 48.08.110, 48.08.120, 48.08.130, 48.08.140, 48.08.170, 48.09.130, 48.09.160, 48.09.220, 48.09.230, 48.09.270, 48.10.140, 48.10.170, 48.10.200, 48.10.250, 48.10.260, 48.10.270, 48.10.280, 48.10.300, 48.10.330, 48.10.340, 48.11.080, 48.12.010, 48.12.080, 48.12.140, 48.13.350, 48.14.070, 48.15.100, 48.15.110, 48.15.120, 48.15.170, 48.16.080, 48.16.100, 48.17.430, 48.18.020, 48.18.050, 48.18.070, 48.18.090, 48.18.120, 48.18.130, 48.18.293, 48.18.340, 48.18.375, 48.18.400, 48.18.410, 48.18.420, 48.18.440, 48.18.450, 48.18A.020, 48.19.080, 48.19.090, 48.19.100, 48.19.110, 48.19.120, 48.19.180, 48.19.190, 48.19.220, 48.19.250, 48.19.290, 48.19.310, 48.19.330, 48.19.340, 48.19.350, 48.19.360, 48.19.370, 48.19.410,

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5039             by Senators Jarrett and Kohl-Welles

 

AN ACT Relating to membership of the Washington state forensic investigations council; amending RCW 43.103.040; and creating a new section.

 

Referred to Committee on Judiciary.

 

SB 5040             by Senators Delvin, Prentice, King and Kohl-Welles

 

AN ACT Relating to clarifying and prescribing penalties for gambling under the age of eighteen; amending RCW 9.46.0305; adding a new section to chapter 9.46 RCW; and prescribing penalties.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5041             by Senators Kilmer, Swecker, Hobbs, Shin, Kauffman, Franklin, Marr, Rockefeller, Haugen, Eide, Kastama and McAuliffe

 

AN ACT Relating to state contracts with veteran-owned businesses; amending RCW 43.60A.010, 43.19.536, 39.80.040, and 47.28.030; adding new sections to chapter 43.60A RCW; adding a new section to chapter 43.19 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 39.04 RCW; adding a new section to chapter 39.29 RCW; and creating new sections.

 

Referred to Committee on Government Operations & Elections.

 

SB 5042             by Senators Kilmer, Holmquist, Berkey, Schoesler, Kauffman, Marr, Rockefeller, Haugen, Eide, Kastama, Hatfield, Swecker, Tom, McAuliffe, Benton, Parlette and Roach

 

AN ACT Relating to first-time paperwork violations by small businesses; and adding a new section to chapter 34.05 RCW.

 

Referred to Committee on Economic Development, Trade & Innovation.

 

SB 5043             by Senators Kilmer, Kauffman, Shin, Rockefeller, Kastama, Kohl-Welles, Jarrett, Tom and McAuliffe

 

AN ACT Relating to creating a higher education coordination board work group to develop a single, coordinated student access portal; and creating a new section.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5044             by Senators Kilmer, Berkey, Kastama, Schoesler, Marr, Shin, Rockefeller, Eide, Jarrett, Keiser, Tom and Kohl-Welles

 

AN ACT Relating to the state work-study program; amending RCW 28B.12.030 and 28B.12.060; and creating a new section.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5045             by Senators Kilmer, Zarelli, Brown, Kauffman, Shin, Marr, King, Regala, Rockefeller, Haugen, Berkey, Eide, Kastama, Jarrett, Pridemore, McAuliffe and Ranker

 

AN ACT Relating to community revitalization financing; amending RCW 39.89.020, 39.89.030, 39.89.050, 39.89.060, 39.89.070, and 39.89.080; adding new sections to chapter 39.89 RCW; adding new sections to chapter 82.14 RCW; adding a new section to chapter 82.32 RCW; and creating new sections.

 


Referred to Committee on Economic Development, Trade & Innovation.

 

SB 5046             by Senators Kohl-Welles, Keiser, Kline and Franklin

 

AN ACT Relating to placing symphony orchestras, operas, and performing arts theaters under the jurisdiction of the public employment relations commission for purposes of collective bargaining; and adding a new chapter to Title 49 RCW.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5047             by Senators McDermott, Murray, Kline and Oemig

 

AN ACT Relating to the sale, lease, or conveyance of municipal property in commercial areas to private parties for free public parking facilities in cities with populations over three hundred thousand; and repealing RCW 35.87.010, 35.87.020, 35.87.030, and 35.87.040.

 

Referred to Committee on Government Operations & Elections.

 

SB 5048             by Senators Kilmer, Kastama, Schoesler, Shin, Delvin, Kauffman, King and Pridemore

 

AN ACT Relating to coordinating workforce and economic development; amending RCW 43.330.090, 50.38.050, 28B.50.030, 28C.18.010, 28C.18.060, 28C.18.080, 43.162.020, and 43.330.080; adding a new section to chapter 28B.50 RCW; and adding a new section to chapter 28C.18 RCW.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5049             by Senator Franklin

 

AN ACT Relating to studying Washington's fiscal resources, structure, and needs; creating new sections; and providing an expiration date.

 

Referred to Committee on Ways & Means.

 

SB 5050             by Senators Franklin, Kilmer, Sheldon and Kline

 

AN ACT Relating to increasing the small business credit for the business and occupation tax; amending RCW 82.04.4451 and 82.32.045; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

SB 5051             by Senators Franklin, Shin, Kohl-Welles and Kline

 

AN ACT Relating to creating an energy efficiency worker training program; adding a new section to chapter 43.330 RCW; creating a new section; providing an effective date; and providing an expiration date.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5052             by Senators Parlette and Holmquist

 

AN ACT Relating to health insurance options for young adults; amending RCW 48.43.041, 48.44.022, 48.46.064, and 48.20.029; and adding a new section to chapter 48.43 RCW.

 

Referred to Committee on Health & Long-Term Care.

 

SB 5053             by Senators Hobbs, McCaslin, Fairley, Carrell, Swecker, Kilmer, McAuliffe, Shin and Roach

 

AN ACT Relating to creating the Washington state flag account; amending RCW 43.07.370; adding a new section to chapter 43.07 RCW; and adding a new section to chapter 42.52 RCW.

 

Referred to Committee on Government Operations & Elections.

 

SB 5054             by Senator Rockefeller

 

AN ACT Relating to special elections for changing the form of government of a noncharter code city; amending RCW 35A.06.050; and declaring an emergency.

 

Referred to Committee on Government Operations & Elections.

 

SB 5055             by Senators Brown, Fraser, Ranker and Kline

 

AN ACT Relating to protecting the interests of customers of public service companies in proceedings before the Washington utilities and transportation commission; and amending RCW 80.04.130, 80.12.010, 80.12.020, 80.12.040, and 80.28.060.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5056             by Senators Brandland, Regala, Keiser and McAuliffe

 

AN ACT Relating to health care professionals reporting violent injuries; adding a new section to chapter 18.73 RCW; and adding a new section to chapter 70.02 RCW.

 

Referred to Committee on Health & Long-Term Care.

 

SB 5057             by Senator Rockefeller

 

AN ACT Relating to limiting the rate of increase of property valuations; amending RCW 84.04.030, 84.40.020, 84.40.030, 84.40.040, 84.40.045, 84.41.041, 84.48.010, 84.48.065, 84.48.075, 84.48.080, 84.12.280, 84.12.310, 84.12.330, 84.12.350, 84.12.360, 84.16.040, 84.16.050, 84.16.090, 84.16.110, 84.16.120, 84.36.041, 84.52.063, and 84.70.010; adding a new section to chapter 84.04 RCW; adding a new section to chapter 84.40 RCW; creating a new section; and providing a contingent effective date.

 

Referred to Committee on Ways & Means.

 

SB 5058             by Senator Rockefeller

 

AN ACT Relating to creating a pilot vessel amnesty disposal program within the department of natural resources; amending RCW 79.100.100; creating new sections; and providing an expiration date.

 


Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5059             by Senator Jacobsen

 

AN ACT Relating to hearing examiner fees; and amending RCW 58.17.330.

 

Referred to Committee on Government Operations & Elections.

 

SB 5060             by Senator Jacobsen

 

AN ACT Relating to the use of manufactured wine or beer; and amending RCW 66.12.010 and 66.28.140.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5061             by Senator Jacobsen

 

AN ACT Relating to enhancing the natural resource collections at the Washington park arboretum; adding new sections to chapter 28B.20 RCW; and creating new sections.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5062             by Senator Jacobsen

 

AN ACT Relating to enhancing wildlife viewing opportunities in Washington state; amending RCW 67.28.1815, 67.28.181, 77.32.560, 9.46.010, and 9.46.400; adding a new section to chapter 67.28 RCW; creating a new section; and providing an expiration date.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5063             by Senator Jacobsen

 

AN ACT Relating to the burial of pet remains; adding new sections to chapter 68.50 RCW; and adding a new section to chapter 68.04 RCW.

 

Referred to Committee on Government Operations & Elections.

 

SB 5064             by Senators Jacobsen and Kline

 

AN ACT Relating to wildlife conservation in Washington's portion of the Yukon to Yellowstone Rocky mountain ecosystem; adding a new section to chapter 77.12 RCW; and creating a new section.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5065             by Senator Kline

 

AN ACT Relating to election of prosecuting attorneys; and amending RCW 29A.04.110, 29A.52.111, and 29A.52.231.

 

Referred to Committee on Government Operations & Elections.

 

SB 5066             by Senator Jacobsen

 

AN ACT Relating to designating the state ornithologist; adding a new section to chapter 77.12 RCW; and creating a new section.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5067             by Senator Jacobsen

 

AN ACT Relating to hunting access; amending RCW 77.12.320 and 4.24.210; and adding a new section to chapter 77.32 RCW.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5068             by Senators Jacobsen and Tom

 

AN ACT Relating to the rights of airline passengers; amending RCW 47.68.020; adding new sections to chapter 47.68 RCW; creating new sections; and prescribing penalties.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 5069             by Senator Jacobsen

 

AN ACT Relating to recreational liability on public and private lands; and amending RCW 4.24.210.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5070             by Senators Jacobsen and Kline

 

AN ACT Relating to addressing the threats posed by invasive species; amending RCW 79A.25.370; adding new sections to chapter 79A.25 RCW; creating a new section; and providing an expiration date.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5071             by Senator Jacobsen

 

AN ACT Relating to the state endemic mammal; adding a new section to chapter 1.20 RCW; and creating a new section.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SB 5072             by Senator Murray

 

AN ACT Relating to the value of benefits provided to any executive officer, employee, or director of a public service company; and adding a new section to chapter 80.04 RCW.

 

Referred to Committee on Environment, Water & Energy.

 

SB 5073             by Senators Zarelli, Swecker, Benton and Parlette

 

AN ACT Relating to consolidating accounts into the state general fund; amending RCW 3.50.100, 3.62.020, 3.62.040, 7.68.030, 7.68.035, 7.68.085, 9A.82.110, 9.68A.120, 10.82.090, 10.105.010, 28A.150.380, 28A.505.210, 28A.505.220, 35.20.220, 36.18.012, 36.18.025, 36.70A.130, 39.42.070, 41.05.068, 43.08.250, 43.17.150, 43.41.260, 43.72.900, 43.79.480, 43.99H.060, 43.99K.030, 43.99L.040, 43.135.025, 46.61.5058, 66.24.210, 66.24.290, 67.70.240, 67.70.340, 69.50.505, 70.05.125, 70.47.015, 70.96A.350, 70.146.010, 70.146.020, 70.146.075, 70.190.010, 72.09.111, 74.09.053, 77.12.201, 82.08.150, 82.24.026, 82.24.027, 82.24.028, 82.26.020, 82.32.390, 82.64.020, 83.100.220, 84.52.067, and 90.71.370; reenacting and amending RCW 2.56.030, 36.18.020, 43.84.092, 43.135.045, 48.14.0201, 69.50.520, 72.09.480, 82.04.260, and 82.24.020; creating a new section; repealing RCW 41.45.230, 41.45.233, 70.146.030, 70.146.040, 70.146.060, 70.146.080, 83.100.230, and 84.52.068; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

SB 5074             by Senators Marr, Jacobsen, Sheldon, Fairley, Franklin, Regala, Oemig, Hargrove, Hobbs, Keiser, Jarrett, Kline, Kilmer and Tom

 

AN ACT Relating to scoliosis screening in schools; and repealing RCW 28A.210.180, 28A.210.190, 28A.210.200, 28A.210.210, 28A.210.220, 28A.210.240, and 28A.210.250.

 

Referred to Committee on Early Learning & K-12 Education.

 

SB 5075             by Senators Hatfield, Hewitt, Kilmer and Shin

 

AN ACT Relating to wage criteria used by the community economic revitalization board to determine project selection; and amending RCW 43.160.060.

 

Referred to Committee on Economic Development, Trade & Innovation.

 

SB 5076             by Senators Schoesler and Hatfield

 

AN ACT Relating to creating the Washington grain commission; amending RCW 15.04.200, 15.65.620, 15.66.270, 41.06.070, 42.56.380, and 43.23.033; adding a new section to chapter 66.12 RCW; adding a new chapter to Title 15 RCW; and prescribing penalties.

 

Referred to Committee on Agriculture & Rural Economic Development.

 

SB 5077             by Senators Jacobsen and Kline

 

AN ACT Relating to creating the historically Black college fund pilot project; amending RCW 28B.10.790 and 28B.92.030; adding new sections to chapter 28B.76 RCW; creating a new section; and providing expiration dates.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5078             by Senator Jacobsen

 

AN ACT Relating to higher education tuition and fees; and amending RCW 28B.15.069.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5079             by Senators Jacobsen, Haugen, Holmquist, Kohl-Welles and Roach

 

AN ACT Relating to the Nordic Heritage Museum; and adding a new section to chapter 1.20 RCW.

 

Referred to Committee on Government Operations & Elections.

 

SB 5080             by Senators Jacobsen, Kauffman, Kohl-Welles and Kline

 

AN ACT Relating to leaves of absence for peace corps volunteers; and adding a new section to chapter 28A.400 RCW.

 

Referred to Committee on Early Learning & K-12 Education.

 

SB 5081             by Senators Jacobsen and Kauffman

 

AN ACT Relating to the issuance of certain special license plates to persons with disabilities; and reenacting and amending RCW 46.16.381.

 

Referred to Committee on Transportation.

 

SB 5082             by Senator Jacobsen

 

AN ACT Relating to creating a nonpartisan judicial commission; amending RCW 2.04.100 and 2.06.080; adding a new section to chapter 2.04 RCW; and providing a contingent effective date.

 

Referred to Committee on Judiciary.

 

SB 5083             by Senators Haugen, Hatfield, Fairley, Pridemore and Zarelli

 

AN ACT Relating to historical parks and historic reserves tax incentive program; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; providing an effective date; and providing an expiration date.

 

Referred to Committee on Ways & Means.

 

SB 5084             by Senators Pridemore and Fairley

 

AN ACT Relating to assessed valuation requirements for the direct petition method of annexation; and amending RCW 35.13.130.

 

Referred to Committee on Government Operations & Elections.

 

SB 5085             by Senator Zarelli

 

AN ACT Relating to naming state highway routes; and amending RCW 47.17.645 and 47.17.650.

 

Referred to Committee on Transportation.

 

SB 5086             by Senator Jacobsen

 

AN ACT Relating to special assessments for conservation district activities and programs; and amending RCW 89.08.400.

 

Referred to Committee on Agriculture & Rural Economic Development.


 

SB 5087             by Senators Rockefeller, Sheldon and Kilmer

 

AN ACT Relating to hospital benefit zones; and amending RCW 82.14.465, 82.14.470, and 39.100.040.

 

Referred to Committee on Government Operations & Elections.

 

SB 5088             by Senator Jacobsen

 

AN ACT Relating to adjunct faculty salaries; and adding a new section to chapter 28B.10 RCW.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5089             by Senator Jacobsen

 

AN ACT Relating to requiring an ethical audit of the personnel management systems at community and technical colleges; creating a new section; and providing an expiration date.

 

Referred to Committee on Higher Education & Workforce Development.

 

SB 5090             by Senators Jacobsen and Kline

 

AN ACT Relating to teleworking options within environmental impact statements on proposed transportation projects; and adding a new section to chapter 43.21C RCW.

 

Referred to Committee on Transportation.

 

SJM 8000           by Senators Hobbs, Kauffman, Swecker, Roach, Kastama, Marr, Kilmer and Kline

 

Requesting the Postal Service to issue a postage stamp commemorating Nisei veterans.

 

Referred to Committee on Government Operations & Elections.

 

SJM 8001           by Senators Hatfield and Haugen

 

Requesting the United States fish and wildlife service to work cooperatively with the state's regulatory agencies and energy producers with respect to the federal endangered species act.

 

Referred to Committee on Natural Resources, Ocean & Recreation.

 

SJR 8200           by Senators Sheldon and Parlette

 

Setting base years for property tax valuation.

 

Referred to Committee on Ways & Means.

 

SJR 8201           by Senator Rockefeller

 

Limiting property valuation increases.

 

Referred to Committee on Ways & Means.

 

SCR 8400          by Senators Murray and Parlette

 

Adopting joint rules.

 

SUPPLEMENTAL INTRODUCTION AND FIRST READING

 

HCR 4400          by Representatives Kessler and Kretz

 

Notifying the Governor that the Legislature is ready to conduct business.

 

HCR 4401          by Representatives Kessler and Kretz

 

Calling four joint sessions of the Legislature.

 

HCR 4402          by Representatives Kessler and Kretz

 

Establishing cutoff dates.

 

MOTION

 

      On motion of Senator Eide, all measures listed on the Introduction and First Reading and the Supplemental Introduction and First Reading report were referred to the committees as designated with the exception of Senate Bill No. 5075 which was referred to the Committee on Economic Development, Trade & Innovation and Senate Concurrent Resolution No. 8400, House Concurrent Resolution 4400, House Concurrent Resolution No. 4401, House Concurrent Resolution No. 4402 which under suspension of the rules were placed on the second reading calendar.

 

REPORT OF COMMITTEE

 

The Senate Committee composed of Senators Holmquist, Jarrett, King and Ranker appeared before the bar of the Senate and reported that the House of Representatives had been notified that the Senate was organized and ready to conduct business.

The President received the report of the committee and the committee was discharged.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the sixth order of business.

 

SECOND READING

 

      HOUSE CONCURRENT RESOLUTION NO. 4400, by Representatives Kessler and Kretz

 

      Notifying the Governor that the Legislature is ready to conduct business.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Eide, the rules were suspended, House Concurrent Resolution No. 4400 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

      The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4400.

      HOUSE CONCURRENT RESOLUTION NO. 4400 was adopted by voice vote.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

In accordance with House Concurrent Resolution No. 4400, the President appointed Senators Becker and Shin to join a like committee from the House of Representatives to notify the Governor that the Legislature was organized and ready to conduct business.

 

MOTION

 

      On motion of Senator Eide, the appointments were confirmed.

 

SECOND READING

 

      SENATE CONCURRENT RESOLUTION NO. 8400, by Senators Murray and Parlette

 

      Adopting joint rules.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Eide, the rules were suspended, Senate Concurrent Resolution No. 8400 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

      The President declared the question before the Senate to be the final passage of Senate Concurrent Resolution No. 8400.

      SENATE CONCURRENT RESOLUTION NO. 8400 was adopted by voice vote.

 

SECOND READING

 

      HOUSE CONCURRENT RESOLUTION NO. 4401, by Representatives Kessler and Kretz

 

      Calling four joint sessions of the Legislature.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Eide, the rules were suspended, House Concurrent Resolution No. 4401 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

      The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4401.

      HOUSE CONCURRENT RESOLUTION NO. 4401 was adopted by voice vote.

 

SECOND READING

 

      HOUSE CONCURRENT RESOLUTION NO. 4402, by Representatives Kessler and Kretz

 

      Establishing cutoff dates.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Eide, the rules were suspended, House Concurrent Resolution No. 4402 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

      The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4402.

      HOUSE CONCURRENT RESOLUTION NO. 4402 was adopted by voice vote.

 

STANDING COMMITTEE ASSIGNMENTS

 

      The President announced the following 2009 Standing Committee assignments.

 

2009 PROPOSED SENATE STANDING COMMITTEE ASSIGNMENTS

 

Agriculture & Rural Economic Development – Hatfield, Chair; Ranker, Vice Chair; Haugen; Jacobsen; Shin; Schoesler; Becker; Morton

 

Early Learning & K-12 Education – McAuliffe, Chair; Kauffman, Vice Chair; Oemig; Hobbs; Jarrett; McDermott; Tom; King; Brandland; Holmquist; Roach

 

Economic Development, Trade & Innovation – Kastama, Chair; Shin, Vice Chair; Eide; Kilmer; Zarelli; Delvin; McCaslin

 

Environment, Water & Energy – Rockefeller, Chair; Pridemore, Vice Chair; Fraser; Hatfield; Marr; Ranker; Sheldon; Honeyford; Delvin; Holmquist; Morton

 

Hunan Services & Corrections – Hargrove, Chair; Regala, Vice Chair; Kauffman; McAuliffe; Stevens; Brandland; Carrell

 

Judiciary – Kline, Chair; Tom, Vice Chair; Kohl-Welles; McCaslin; Carrell; Roach

 

Labor, Commerce & Consumer Protection – Kohl-Welles, Chair; Keiser, Vice Chair; Franklin; Kline; Holmquist; Honeyford; King

 

Natural Resources, Ocean & Recreation – Jacobsen, Chair; Ranker, Vice Chair; Fraser; Hargrove; Hatfield; Morton; Stevens; Swecker

 

Financial Institutions, Housing & Insurance – Berkey, Chair; Hobbs, Vice Chair; Franklin; Prentice; Benton; Parlette; Schoesler

 

Government Operations & Elections – Fairley, Chair; Oemig, Vice Chair; McDermott; Pridemore; Roach; Benton; Swecker

 

Health & Long-Term Care – Keiser, Chair; Franklin, Vice Chair; Fairley; Marr; Murray; Prentice; Pflug; Becker; Parlette

 

Higher Education & Workforce Development – Kilmer, Chair; Jarrett, Vice Chair; Jacobsen; Kastama; McAuliffe; Shin; Becker; Hewitt; Pflug; Stevens

 

Rules – Lieutenant Governor Owen, Chair; Franklin, Vice Chair; Brown; Eide; Fraser; Haugen; Kauffman; Keiser; Marr; Murray; Pridemore; Regala; Hewitt; King; Parlette; Schoesler; Stevens; Zarelli

 

Transportation – Haugen, Chair; Marr, Vice Chair; Berkey; Eide; Jacobsen; Jarrett; Kastama; Kauffman; Kilmer; Ranker; Sheldon; Swecker; Becker; Benton; Delvin; King

 

Ways & Means – Prentice, Chair; Fraser, Vice Chair, Capital Budget; Tom, Vice Chair, Operating Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Pridemore; Regala; Rockefeller; Zarelli; Brandland; Carrell; Hewitt; Honeyford; Parlette; Pflug; Schoesler

 

MOTION

 

      On motion of Senator Eide, the committee assignments were confirmed.

 

PERSONAL PRIVILEGE


 

Senator Brown: “Well, thank you Mr. President and it’s good to be back. I just wanted to make a couple of remarks, first to you, there was a bit of upheaval last week when the Governor was out of town and people were speculating as to her whereabouts, but they were also speculating as to whether or not you’d get a promotion. Didn’t exactly pan out that way and we are happy to have you back presiding over the Senate and secondly to our staff, just wanted to say how pleased I am that all the hard work that people have been doing to get the chambers ready and the new things that we have at our disposal here to make our job easier and I want to thank everyone from Tom Hoemann and Brad to the whole Senate staff for all you’ve done. It’s good to be back with you again. To my fellow Senators congratulations to those of you who just went through a reelection or your first election. It’s going to be a pleasure to work with every single one of you. We have an amazingly difficult challenge ahead of us but I have a lot of confidence in the people in this room that we will maintain decorum and our spirit of cooperation as well as our commitment to our districts and to the people of Washington State. We have pledged on our side of the aisle that our number one job is helping people keep their jobs or find a job if they don’t have one or prepare for a job of the economy tomorrow and we look forward to working together to help accomplish that. We also know that there is a tremendous amount of insecurity out there whether its caused by the economy or by the weather and people are digging out from the snow in Colville or recovering from water damage in Senator Eide’s district or dealing with a job loss in Seattle or Everett or potential job loss. Potentially wondering about their ferry service in San Juan County, new Senator Ranker asked me to say that, or really grappling with the future with their children, children graduating from school and wondering if they are going to secure a job. So, family security and community security across Washington State is a key challenge for us to work together and certainly protecting the most vulnerable people in our state and I also think with every crisis there is an opportunity and the opportunity with this particular crisis is that we will come up with ways to make government work better. So, let’s work together on all those challenges and look forward to that with you over the next one-hundred and five days. Also, a special thank you to our families. Everyone who serves in public office knows that your family also serves and sacrifices, so a special thanks to all those spouses and partners and children and grandchildren who miss their mommies, daddies and grandparents during the legislative session.”

 

PERSONAL PRIVILEGE

 

Senator Hewitt: “I can’t help distinguish, noticing how distinguished you look with this addition on your face. It’s wonderful.”

 

REPLY BY THE PRESIDENT

 

President Owen: “It’s good to suck up the first day, Senator.”

 

PERSONAL PRIVILEGE

 

Senator Hewitt: “Yes, sir. I understand the rules around here Mr. President. And because I am so hungry I am tempted just follow Senator Browns by saying, ‘ditto’.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Did you wish to state a Point of Personal Privilege?”

 

PERSONAL PRIVILEGE

 

Senator Hewitt: “Thank you, I thought I did that but I was so intent on telling you how good you looked I forgot to ask for a personal point of privilege, Mr. President. Thank you and I can’t help but noticing you still look good, Mr. President. Now that I am officially recognized, it is, I have to tell you that I am very happy that the political season is out of the way. It’s hard on all of us, every two years to go through all of this and then have to come back here and be a family again but we do it and it’s a wonderful family to live in. I can’t imagine being without it at least this point in my life but we’re looking forward to working with everyone on the issues before us. It’s good for the people in the state of Washington. It’s going to be very difficult this year. We have a lot to do, very hard choices to make and I don’t think a lot of us are going to like some of the choices we have to make but we are here willing to work with both sides so thank you Mr. President. You look so, so good up there.”

 

PERSONAL PRIVILEGE

 

Senator Fraser: “Thank you Mr. President. As senator from the State Capitol area I would like to say on behalf of community, welcome to everybody. Members and staff, we’re looking forward to having everyone in town for one-hundred five days. You might have noted in the procession today, at the beginning of the session, that there were two suffragists who were promoting women’s right to vote. This session gives us an opportunity to reflect on the evolution of democracy here in the state of Washington. This session, the 2009 session, constitutes the centennial, the one-hundredth anniversary of our legislature putting on the ballot the right for women to vote in all elections, so that happened in 1909. I’m pleased to report it passed by a overwhelming majority and back then, the general elections were only every two years so it went on the 1910 ballot and the all male voters approved it overwhelmingly, I’m pleased to let you know, and it was of course an all male legislature back then because women didn’t have the right to vote. So, it was an historical note for our state but also is a historical note for our nation. It is a fact that Washington was the fifth state to grant women the right to vote. The first state in the 1900’s and the movement had kind of flagged a little bit, had a little discouragement, there were no other states that had done this in the 1900’s so after Washington passed women’s right to vote it sparked and reinvigorated the movement nationally. So, in 1920, ten years later the national, the amendment to the national constitution granting all women in the country the right to vote was approved by, was ratified by all the states, so we are an important part of the history of women’s right to vote in this country. Our suffragists in the procession today represented the two major acclaimed leaders of the movement at that time. Mae Arkwright Hutton of Spokane, well known in the Spokane region and Emma Smith Devoe who lived in Pierce County. So, I think there are plans to commemorate this historic event this year and next year during the session and beyond and around the state including the opening of a major exhibit at the Washington State Historical Commission which you’ll have receive notice of and you have a list on your desks of some of the events. So, I think we want to say thank you to the gentlemen of 1909 and 1910 as well as thank you to all the gentlemen we work with here so this is a wonderful historic session for us.”

 

REPORT OF COMMITTEE

 

The Senate Committee composed of Senators Becker and Shin appeared before the bar of the Senate and reported that the Governor had been notified under the provisions of House Concurrent Resolution No. 4400 that the Legislature was organized and ready to conduct business.


The President received the report of the committee and the committee was discharged.

 

PERSONAL PRIVILEGE

 

Senator Swecker: “Well, I want thank the members of the Senate. As you know I spent a lot more time in the hospital this year than I planned too. I had three fairly major surgeries and in one case my wife had to give me CPR before the fire department arrived so, I just wanted to thank you for all your kind words, for your encouragement, for all your prayers. I feel great. Thank you.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Senator Swecker, we are all very, very pleased that you made it through all that. I know it was a difficult time but you look good. Welcome back.”

 

MOTION

 

      On motion of Senator Eide, the Senate reverted to the third order of business.

 

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable

President of the Senate

The Legislature of the State of Washington

Olympia, Washington

 

I, Sam Reed, Secretary of State of the State of Washington, do hereby certify that according to the provision of RCW 29A, 60.260, I have canvassed the returns of the 3,071,587 votes cast by the 3,630,118 registered voters of the state for and against the initiatives which were submitted to the vote of the people at the state general election held on the 4th day of November, 2008, as received from the County Auditors.

Initiative Measure No. 985

 

"Initiative Measure No. 985 concerns transportation.

 

This measure would open high-occupancy vehicle lanes to all traffic during specified hours, require traffic light synchronization, increase roadside assistance funding, and dedicate certain taxes, fines, tolls and other revenues to traffic-flow purposes.”

 

Yes                                                                                                                                                                                                         1,163,216

No                                                                                                                                                                                                          1,744,156

 

Initiative Measure No. 1000

 

"Initiative Measure No. 1000 concerns allowing certain terminally ill competent adults to obtain lethal prescriptions.

 

This measure would permit terminally ill, competent, adult Washington residents, who are medically predicted to have six months or less to live, to request and self-administer lethal medication prescribed by a physician.”

 

Yes                                                                                                                                                                                                         1,715,219

No                                                                                                                                                                                                          1,251,255

 

Initiative Measure No. 1029

 

"Initiative Measure No. 1029 concerns long-term care services for the elderly and persons with disabilities. This measure would require long-term care workers to be certified as home care aides based on an examination, with exceptions; increase training and criminal background check requirements; and establish disciplinary standards and procedures.”

 

Yes                                                                                                                                                                                                         2,113,773

No                                                                                                                                                                                                             800,733

 

      I further certify that, according to the provisions of RCW 43.07.030, I have canvassed the returns of the votes cast at the state general election held on the 4th day of November, 2008, for all federal, statewide, and joint legislative and judicial offices, and that the votes cast for candidates for these offices are as follows:

 

President/Vice President

 

Votes

Barack Obama / Joe Biden

(Democratic Party Nominees)

1,750,848

John McCain / Sarah Palin

(Republican Party Nominees)

1,229,216

Ralph Nader / Matt Gonzalez

(Independent Candidates)

29,489

Gloria La Riva / Eugene Puryear

(Socialism & Liberation Party Nominees)

705

James E. Harris / Alyson Kennedy

(Socialist Workers Party Nominees)

641

Bob Barr / Wayne A. Root

(Libertarian Party Nominees)

12,728

Chuck Baldwin / Darrell L. Castle

(Constitution Party Nominees)

9,432

Cynthia McKinney / Rosa Clemente

(Green Party Nominees)

3,819

U.S. Congressional District 1 - Representative

 

Jay Inslee

(Prefers Democratic Party)

233,780

Larry Ishmael

(Prefers G.O.P. Party)

111,240

U.S. Congressional District 2 - Representative

 

Rick Larsen

(Prefers Democratic Party)

217,416

Rick Bart

(Prefers Republican Party)

131,051

U.S. Congressional District 3 - Representative

 

Brian Baird

(Prefers Democratic Party)

216,701

Michael Delavar

(Prefers Republican Party)

121,828

U.S. Congressional District 4 - Representative

 

Doc Hastings

(Prefers Republican Party)

169,940

George Fearing

(Prefers Democratic Party)

99,430

U.S. Congressional District 5 - Representative

 

Cathy McMorris Rodgers

(Prefers Republican Party)

211,305

Mark Mays

(Prefers Democratic Party)

112,382

U.S. Congressional District 6 - Representative

 

Norm Dicks

(Prefers Democratic Party)

205,991

Doug Cloud

(Prefers Republican Party)

102,081

U.S. Congressional District 7 - Representative

 

Jim McDermott

(Prefers Democratic Party)

291,963

Steve Beren

(Prefers Republican Party)

57,054

U.S. Congressional District 8 - Representative

 

Dave Reichert

(Prefers Republican Party)

191,568

Darcy Burner

(Prefers Democratic Party)

171,358

U.S. Congressional District 9 - Representative

 

Adam Smith

(Prefers Democratic Party)

176,295

James Postma

(Prefers Republican Party)

93,080

Governor

 

 

Christine Gregoire

(Prefers Democratic Party)

1,598,738

Dino Rossi

(Prefers G.O.P. Party)

1,404,124

Lieutenant Governor

 

 

Brad Owen

(Prefers Democratic Party)

1,718,033

Marcia McCraw

(Prefers Republican Party)

1,107,634

Secretary of State

 

 

Sam Reed

(Prefers Republican Party)

1,644,587

Jason Osgood

(Prefers Democratic Party)

1,175,086

State Treasurer

 

 

Allan Martin

(Prefers Republican Party)

1,360,063

Jim McIntire

(Prefers Democratic Party)

1,420,022

State Auditor

 

 

Brian Sonntag

(Prefers Democratic Party)

1,770,977

J. Richard (Dick) McEntee

(Prefers Republican Party)

1,016,396

Attorney General

 

 

Rob McKenna

(Prefers Republican Party)

1,689,764

John Ladenburg

(Prefers Democratic Party)

1,152,174

Commissioner of Public Lands

 

 

Doug Sutherland

(Prefers Republican Party)

1,385,903

Peter J. Goldmark

(Prefers Democratic Party)

1,416,904

Superintendent of Public Instruction

 

 

Teresa (Terry) Bergeson

 

1,211,909

Randy Dorn

 

1,333,290

 

 

Insurance Commissioner

 

 

Mike Kreidler

(Prefers Democratic Party)

1,679,696

John R. Adams

(Prefers Republican Party)

1,056,693

Legislative District 1 - State Senator

 

 

Rosemary McAuliffe

(Prefers Democratic Party)

36,628

Dennis Richter

(Prefers Republican Party)

26,583

Legislative District 1 - State Representative Pos. 1

 

Al O'Brien

(Prefers Democratic Party)

48,791

Legislative District 1 - State Representative Pos. 2

 

Mark Ericks

(Prefers Democratic Party)

47,846

Legislative District 2 - State Senator

 

 

Marilyn Rasmussen

(Prefers Democratic Party)

30,206

Randi Becker

(Prefers Republican Party)

32,244

Legislative District 2 - State Representative Pos. 1

 

Jim McCune

(Prefers G.O.P. Party)

36,417

JeanMarie Christenson

(Prefers Democratic Party)

24,540

Legislative District 2 - State Representative Pos. 2

 

Tom Campbell

(Prefers Republican Party)

35,502

Michael C. Powell

(Prefers Democratic Party)

25,424

Legislative District 7 - State Representative Pos. 1

 

Shelly Short

(Prefers Republican Party)

30,356

Sue Lani Madsen

(Prefers Republican Party)

22,544

Legislative District 7 - State Representative Pos. 2

 

Joel Kretz

(Prefers Republican Party)

46,486

Legislative District 9 - State Senator

 

 

Mark G. Schoesler

(Prefers G.O.P. Party)

41,263

Legislative District 9 - State Representative Pos. 1

 

Steve Hailey

(Prefers G.O.P. Party)

32,022

Kenneth E. Caylor

(Prefers Democratic Party)

17,195

Legislative District 9 - State Representative Pos. 2

 

Joe Schmick

(Prefers Republican Party)

31,611

Tyana Kelley

(Prefers Democratic Party)

18,258

Legislative District 10 - State Senator

 

 

Mary Margaret Haugen

(Prefers Democratic Party)

36,835

Linda Haddon

(Prefers Republican Party)

31,917

Legislative District 10 - State Representative Pos. 1

 

Norma Smith

(Prefers G.O.P. Party)

34,038

Tim Knue

(Prefers Democratic Party)

33,558

Legislative District 10 - State Representative Pos. 2

 

Barbara Bailey

(Prefers Republican Party)

37,068

Patricia J. Terry

(Prefers Democratic Party)

29,833

Legislative District 12 - State Senator

 

 

Linda Evans Parlette

(Prefers G.O.P. Party)

43,993

Legislative District 12 - State Representative Pos. 1

 

Cary Condotta

(Prefers Republican Party)

40,662

Legislative District 12 - State Representative Pos. 2

 

Mike Armstrong

(Prefers Republican Party)

28,020

Courtney Cox

(Prefers Republican Party)

21,789

Legislative District 13 - State Representative Pos. 1

 

Judith (Judy) Warnick

(Prefers Republican Party)

39,597

Legislative District 13 - State Representative Pos. 2

 

Bill Hinkle

(Prefers G.O.P. Party)

38,616

Legislative District 15 - State Representative Pos. 1

 

Bruce Chandler

(Prefers Republican Party)

23,807

John (Jobs) Gotts

(Prefers Democratic Party)

15,228

Legislative District 15 - State Representative Pos. 2

 

Dan Newhouse

(Prefers Republican Party)

24,637

Tao Berman

(Prefers Democratic Party)

14,647

Legislative District 16 - State Senator

 

 

Mike Hewitt

(Prefers Republican Party)

42,811

Legislative District 16 - State Representative Pos. 1

 

Maureen Walsh

(Prefers Republican Party)

36,697

Dante Lee Montoya

(Prefers Democratic Party)

13,885

Legislative District 16 - State Representative Pos. 2

 

Bill Grant

(Prefers Democratic Party)

27,648

Terry R. Nealey

(Prefers Republican Party)

23,673

Legislative District 18 - State Senator

 

 

Joseph Zarelli

(Prefers Republican Party)

39,311

Jon Haugen

(Prefers Democratic Party)

32,127

Legislative District 18 - State Representative Pos. 1

 

Jaime Herrera

(Prefers Republican Party)

42,355

Vanessa Duplessie

(Prefers Democratic Party)

28,226

Legislative District 18 - State Representative Pos. 2

 

Ed Orcutt

(Prefers Republican Party)

45,268

Jonathan Fant

(Prefers Democratic Party)

25,196

Legislative District 19 - State Senator

 

 

Brian Hatfield

(Prefers Democratic Party)

41,073

Legislative District 19 - State Representative Pos. 1

 

Dean Takko

(Prefers Democratic Party)

39,935

Legislative District 19 - State Representative Pos. 2

 

Brian E. Blake

(Prefers Democratic Party)

39,521

Legislative District 20 - State Senator

 

 

Dan Swecker

(Prefers Republican Party)

39,650

Chuck Bojarski

(Prefers Democratic Party)

22,428

Legislative District 20 - State Representative Pos. 1

 

Richard DeBolt

(Prefers G.O.P. Party)

35,457

Mike Rechner

(Prefers Democratic Party)

26,605

Legislative District 20 - State Representative Pos. 2

 

Gary C. Alexander

(Prefers G.O.P. Party)

38,942

Jim Cutler

(Prefers Democratic Party)

22,605

Legislative District 24 - State Senator

 

 

Jim Hargrove

(Prefers Democratic Party)

52,742

Legislative District 24 - State Representative Pos. 1

 

Kevin Van De Wege

(Prefers Democratic Party)

44,256

Thomas Thomas

(Prefers G.O.P. Party)

23,503

Legislative District 24 - State Representative Pos. 2

 

Lynn Kessler

(Prefers Democratic Party)

44,338

Robert (Randy) Dutton

(Prefers Republican Party)

24,274

Legislative District 26 - State Representative Pos. 1

 

Jan Angel

(Prefers G.O.P. Party)

33,602

Kim Abel

(Prefers Democratic Party)

29,407

Legislative District 26 - State Representative Pos. 2

 

Larry Seaquist

(Prefers Democratic Party)

36,183

Marlyn Jensen

(Prefers Republican Party)

26,059

Legislative District 31 - State Representative Pos. 1

 

Dan Roach

(Prefers Republican Party)

33,862

Ron Weigelt

(Prefers Democratic Party)

22,550

Legislative District 31 - State Representative Pos. 2

 

Christopher Hurst

(Prefers Democratic Party)

32,405

Sharon Hanek

(Prefers Republican Party)

22,806

Legislative District 32 - State Representative Pos. 1

 

Maralyn Chase

(Prefers Democratic Party)

40,916

Alex Rion

(Prefers G.O.P. Party)

18,604

Legislative District 32 - State Representative Pos. 2

 

Ruth Kagi

(Prefers Democratic Party)

47,197

Legislative District 35 - State Representative Pos. 1

 

Kathy Haigh

(Prefers Democratic Party)

38,267

Marco Brown

(Prefers Republican Party)

23,788

Legislative District 35 - State Representative Pos. 2

 

Fred Finn

(Prefers Democratic Party)

34,684

Randy Neatherlin

(Prefers (G.O.P.) Party)

27,185

Legislative District 39 - State Senator

 

 

Val Stevens

(Prefers Republican Party)

36,118

Fred Walser

(Prefers Democratic Party)

25,570

Legislative District 39 - State Representative Pos. 1

 

Dan Kristiansen

(Prefers R Party)

33,629

Scott Olson

(Prefers Democratic Party)

27,175

Legislative District 39 - State Representative Pos. 2

 

Kirk Pearson

(Prefers Republican Party)

37,455

David E. Personius

(Prefers Democratic Party)

23,088

Legislative District 40 - State Senator

 

 

Steve Van Luven

(Prefers Republican Party)

27,028

Kevin Ranker

(Prefers Democratic Party)

38,200

Legislative District 40 - State Representative Pos. 1

 

Dave Quall

(Prefers Democratic Party)

51,568

Legislative District 40 - State Representative Pos. 2

 

Jeff Morris

(Prefers Democratic Party)

44,168

Howard Pellett

(Prefers Green Party)

13,683

Supreme Court - Justice Position 3

 

 

Mary Fairhurst

 

2,015,433

Supreme Court - Justice Position 4

 

 

Charles W. Johnson

 

2,017,077

Supreme Court - Justice Position 7

 

 

Debra L. Stephens

 

1,999,584

Court of Appeals, Division 2, District 2 - Judge Position 1

 

(Joyce) Robin Hunt

 

242,562

Court of Appeals, Division 3, District 1 - Judge Position 2

 

Kevin M. Korsmo

 

186,287

Court of Appeals, Division 3, District 3 - Judge Position 1

 

Stephen M. Brown

 

104,922

Asotin, Columbia, Garfield Superior Court - Judge Position 1

 

William D. (Bill) Acey

 

10,406

Benton, Franklin Superior Court - Judge Position 1

 

Bruce Spanner

 

47,245

Salvador Mendoza Jr.

 

37,292

Ferry, Pend Oreille, Stevens Superior Court - Judge Position 1

 

Rebecca M. Baker

 

20,998

Ferry, Pend Oreille, Stevens Superior Court Judge Position 2

 

Allen C. Nielson

 

20,736

Klickitat, Skamania Superior Court - Judge Position 1

 

E. Thompson (Tom) Reynolds

 

10,943

Pacific, Wahkiakum Superior Court - Judge Position 1

 

Mike Sullivan

 

9,840

 

IN WITNESS WHEREOF, I have set my hand and affixed the official seal of the State of Washington, the 4th day of December, 2008.

 

SAM REED, Secretary of State

 

(Seal)

MESSAGE FROM THE GOVERNOR

 

December 29, 2008

 

To the Honorable, the Senate

Of the State of Washington

 

Ladies and Gentlemen:

      In compliance with the provisions of Article III, Section 11, of the Constitution of the State of Washington, the Governor hereby submits her report of each case of reprieve, commutation or pardon that she has granted since the adjournment of the 2008 Regular Session of the 60th Legislature, copies of which are attached.


 

Sincerely,

John Lane

Executive Policy Advisor

 

FULL AND UNCONDITIONAL PARDON

OF

IGOR M. KOZLOV

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on August 18, 2000, Mr. Kozlov and two friends entered a grocery store in Kent, filled several shopping bags with merchandise, and then walked out of the store without paying for the items. Two clerks confronted the men and a fight ensued. Mr. Kozlov and his friends then fled from the scene.

 

WHEREAS, later that evening, Mr. Kozlov and the two friends attempted to purchase beer at a gas station. When the clerk refused to sell them the beer, the three men physically attacked him and then fled from the station.

 

WHEREAS, Mr. Kozlov was charged with First Degree Robbery for the grocery store offense and Fourth Degree Assault for the gas station offense. Mr. Kozlov entered a plea agreement whereby he pled guilty to a reduced charge of Second Degree Robbery with the agreement that no additional charges would be prosecuted relating the Fourth Degree Assault.

 

WHEREAS, Mr. Kozlov discovered religion while incarcerated and decided to change his life by becoming a productive member of his community. Upon his release, Mr. Kozlov pursued a career in construction and today owns his own construction company. He joined a community church where he met and married his wife. Over the past six years, Mr. Kozlov has contributed over $50,000 to his church – where he and his wife have also spent many hours volunteering. As a result of Mr. Kozlov’s dedication to his church community, there was tremendous support at this hearing in the form of letters and verbal statements on his behalf.

 

WHEREAS, Mr. Kozlov faces deportation to Russia if he is not granted a pardon. His wife and daughter are United States citizens, and his mother and step-father also reside here. Mr. Kozlov has been diagnosed with Hepatitis C; he is concerned that he may not be able to afford – or even obtain – the necessary medical treatment if he is deported. In addition, Mr. Kozlov has virtually no connections – family or otherwise – in Russia; thus, if deported, he does not know how he will find work or survive.

 

WHEREAS, the prosecutor did not oppose Mr. Kozlov’s petition, but, instead, commended Mr. Kozlov for being conviction free for the past seven years.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I Christine O. Gregoire, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Igor Kozlov, this full and unconditional pardon of his convictions of Robbery in the Second Degree and Assault in the Fourth Degree so that he may live with his family in the United States.

 

IN WITNESS WHERE OF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 8th day of December, A.D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State


 

FULL AND UNCONDITIONAL PARDON

OF

AGUSTIN M. CORTES

 

      To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Mr. Cortes was involved in gang activity when he was a teenager. On July 1, 1995, there was a confrontation between Mr. Cortes’ gang and a rival gang. On that day, Mr. Cortes and his friends were in his car and the rival gang members, riding bicycles, threw rocks at and into the car. Mr. Cortes subsequently chased down the rival gang, and, in so doing, his car grazed one of the bicycles causing the rider to lose control and fall onto the road.

 

WHEREAS, the injured teenager was taken to the hospital with cuts and abrasions. Mr. Cortes was arrested and subsequently charged with Second Degree Assault; he pled guilty and was sentenced to 179 days confinement, $1,157.28 restitution, and 12 months community supervision.

 

WHEREAS, Mr. Cortes used his days in confinement to reflect on his actions and ultimately decided to end his criminal and gang activities.

 

WHEREAS. Mr. Cortes successfully broke ties with his gang and has been an active member of his community for the past 11 years. He has apologized to the people he hurt in the past and has become friends with the person he hit with his car. He has volunteered for the American Red Cross, Heritage University, Northwest Communities Action Center, the Yakima Nation Area Agency on Aging, and youth recreation programs. Further, he is an advocate for anti-gang activity in his community.

 

WHEREAS, Mr. Cortes graduated with a Master’s Degree in Social Work from Eastern Washington University in December 2006. He desires to use his volunteer experience and educational background to assist others in his community as a social worker; however, his Second Degree Assault conviction is preventing him from reaching his goal and from gaining permanent employment.

 

WHEREAS, over ten years have passed since Mr. Cortes’ conviction; in that time, he has had no other arrest or convictions.

 

WHEREAS, at his hearing, there was a strong showing of community support for Mr. Cortes in the form of letters and attendance: family members, law enforcement, and religious leaders attested by letter and in person to Mr. Cortes’ personal growth, maturation, exceptional contributions to society, and the belief that Mr. Cortes is and would continue to be an asset to his community.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the interests of justice will be served by this action.

 

NOW, THEREFORE, I Christine O. Gregoire, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Agustin Cortes this full and unconditional pardon of his conviction of Second Degree Assault so that he may pursue permanent and gainful employment.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 8th day of December, A. D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

WILLIAM CARTER

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Mr. Carter was stationed at McChord Air Force Base from 1978 until he was transferred to Korea in 1983. During this time, he was a Chaplain at the base and ministered to the surrounding community.

 

WHEREAS, after receiving his orders for Korea, Mr. Carter’s congregation requested his assistance in acquiring materials for the church, as it had no bank account of its own. The night before departing for Korea, in reliance upon the promise of the congregation to deposit cash funds into his account, Mr. Carter wrote two checks to the church that drew from his personal account. The promised cash deposits were not made, however, and the checks were returned for insufficient funds. Mr. Carter never received notification that the cash funds were not deposited nor that his checks bounced.

 

WHEREAS, Mr. Carter continued to serve in the Air Force until his health failed in 1993 and he retired on disability. He has remained active with the Chaplaincy and social services in California.

 

WHEREAS, in March 2005, Mr. Carter was informed by the Department of Veterans Affairs that a warrant for his arrest was outstanding in the state of Washington and that, as a result, he was considered a “fugitive felon,” which required the suspension of his retirement, disability, and social security benefits. Mr. Carter made full restitution and the warrant was discharged.

 

WHEREAS, the Department of Veterans Affairs discontinued his retirement and disability payments and has deemed all payments he had received as “overpayment” of his benefits. Mr. Carter’s social security payments have been reinstated.

 

WHEREAS, the prosecutor stated that the Governor should grant Mr. Carter’s pardon because he has made restitution, has abided by the law for many years, and has been a productive member of society.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Christine O. Gregoire , by virtue of the power vested in me as Governor of the State of Washington, hereby grant to William Carter, this full and unconditional pardon of his conviction of Obstructing Justice and Unlawful Issuance of Checks so that he may once again receive his retirement and disability payments.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 8th day of December, A. D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

ERIC A. RUST

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on July 17, 1994, Mr. Rust and two friends robbed a video store in Snohomish County. During the robbery, Mr. Rust pointed a gun at the store clerk while demanding money. The three perpetrators then fled from the store with approximately $208 in cash. At the time of the crime, Mr. Rust was a 17 year-old who lived in a home where drugs and alcohol were abused regularly.

 

WHEREAS, following the robbery, Mr. Rust went to his pastor and disclosed what he and his friends had done. The pastor told Mr. Rust that he needed to tell his parents about his involvement in the crime and turn himself into the police. Mr. Rust told his parents but was arrested before he turned himself in. Mr. Rust and his friends subsequently cooperated with the authorities.

 

WHEREAS, Mr. Rust was convicted of Robbery in the First Degree and sentenced to 30 days detention, 150 hours community service, 12 months community supervision, and ordered to pay $1,437.16 in restitution and fines. The Court found clear and convincing evidence that imposing a sentence within the standard range would be a manifest injustice based on the mitigating factor that, at the time of the crime, Mr. Rust suffered from a mental condition that significantly reduced his culpability. Today, Mr. Rust takes full responsibility for his actions.

 

WHEREAS, Mr. Rust served and completed all conditions of his sentence while undergoing intensive counseling and treatment. After serving his sentence, Mr. Rust obtained his GED and an Emergency Medical Technician Certificate. He went on to earn a Bachelor’s Degree in Electrical Engineering and then a Masters Degree at the University of Washington. Mr. Rust wants to continue his education by going to law school. He also has aspirations of joining the military.

 

WHEREAS, Mr. Rust has remained free of arrest and conviction for over 14 years. His current conviction of record will be an impediment to his ability to gain admittance to the state bar and to other areas of employment.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I Christine O. Gregoire, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Eric A. Rust, this full and unconditional pardon of his conviction of Robbery in the First Degree so that he may pursue permanent and gainful employment.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 8th day of December, A. D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

GAIL DROZ

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Ms. Droz was convicted of three misdemeanor charges in 1982: Malicious Mischief; Breach of Peace; and Possession of Marijuana. Though she was fined, Ms. Droz did not receive jail time, restitution, or community service for these convictions. Current state law does not allow Ms. Droz to request the vacation of pre-1984 misdemeanor convictions.

 

WHEREAS, Ms. Droz was addicted to drugs between the years of 1998 and 2000. In September 2000, at the age of 38, she committed to changing her life. In March 2001, Ms. Droz completed an in-patient treatment program. In 2004, she graduated with an Associate of Applied Sciences Degree in Social and Human Services. In 2006, Ms. Droz graduated with a Bachelor of Arts Degree from Evergreen State College, further demonstrating her dedication to positive personal change through education. Ms. Droz intends to pursue a career in the chemical dependency field where she can utilize her past experiences in helping to rehabilitate others. Her criminal history, however, is a barrier to this goal.

 

WHEREAS. These misdemeanor convictions, now over 26 years old, have made it difficult for Ms. Droz to purchase better car insurance, apply for a mortgage, obtain housing, and find employment in her chosen field.

 

WHEREAS, there was a strong showing of community support at Ms. Droz’s hearing before the Clemency and Pardons Board in the form of letters from instructors, classmates, coworkers, friends, and her landlord. In addition, Ms. Droz’s mother stated to the Board that her daughter has worked very hard to regain the trust of her family.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests of justice will be served by this action.


 

NOW, THEREFORE, I, Christine O. Gregoire, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Gail Droz, this full and unconditional pardon of her misdemeanor convictions for Malicious Mischief, Breach of Peace, and Possession of Marijuana so that she may pursue permanent and gainful employment.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 8th day of December, A. D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

RONALD DEAN NICHOLS

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, after graduating from high school in 1974, Mr. Nichols joined the U. S. Army and was stationed at Fort Lewis, Washington. On February 20, 1977, Mr. Nichols entered a convenience store, pointed a gun at the clerk, demanded money, and fled after receiving $11.

 

WHEREAS, when Mr. Nichols was apprehended less than 30 minutes after he committed the offense; he immediately admitted to the crime and signed a full confession. Mr. Nichols was charged with, and pled guilty to, Robbery in the First Degree with a Firearm; he subsequently spend 2.5 years in prison.

 

WHEREAS, Mr. Nichols’ psychological report showed that he committed the crime during a chaotic time in his life. While incarcerated, Mr. Nichols adjusted positively and programmed appropriately’ he was discharged from prison on July 3, 1979.

 

WHEREAS, Mr. Nichols relocated to California in the early 1980s and began working in the casino industry; starting out as waiter, over time he worked his way up to top dealer at the Commerce Casino in California. In 2004, Mr. Nichols was honored for his 20 years of employment with the casino. In addition, during his time as a casino employee, Mr. Nichols was consistently honest about his conviction on employment and screening applications and maintained official “work permits” issued by the city and county.

 

WHEREAS, On June 21, 2007, the Los Angeles County Sheriff notified Mr. Nichols’ employer that his work permit was being revoked because of his 1977 conviction. This employer attempted to work with Mr. Nichols while Nichols attempted to rectify the situation; ultimately, the employer was force to discharge Mr. Nichols on October 24, 2007.

 

WHEREAS, over 30 years have elapsed since Mr. Nichols; robbery conviction. His current conviction of record resulted in his loss of employment; at 52 years of age and having worked in the casino industry for decades, it is the only business Mr. Nichols truly knows. Thus, to prevent Mr. Nichols return to the casino would be to greatly impede his ability to hold permanent, gainful employment.

 

WHEREAS, the King County Prosecutor’s Office took no position regarding Mr. Nichols’ petition, and the Indeterminate Sentencing Review Board recommended that the Board consider the petition. Further, Mr. Nichols’ victim wrote a letter in support of granting a full pardon. Finally, Mr. Nichols has paid all ordered restitution.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests o justice will be served by this action.

 

NOW, THEREFORE, I Christine O. Gregoire, by virtue of power vested in me as Governor of the State of Washington, hereby grant to Ronald Dean Nichols, this full and unconditional pardon of his conviction of Robbery in the First Degree while Armed with a Deadly Weapon so that he may pursue permanent and gainful employment.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 8th day of December, A. D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

JOSEPH S. AUGUSTYN

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Mr. Augustyn was the child of a drug-and-alcohol-dependent single mother who had multiple felony convictions. Custody of Mr. Augustyn was eventually given to his biological father. In 2003, after entering college, Mr. Augustyn was arrested for Driving under the Influence (DUI) and for Violation of the Uniform Controlled Substance Act (VUCSA). Through a plea agreement, the DUI charge was dismissed. Mr. Augustyn pled guilty to the VUCSA charge and was sentenced to 30 days confinement, 12 months community custody and fined $2,310. He received his certificate of discharge on November 1, 2006.

 

WHEREAS, following his conviction, Mr. Augustyn focused on making wise decisions about his future and building a successful life. In 2005 he graduated from Western Washington University with a B. A. in General Studies and minors in biology and chemistry. Following graduation, he entered the Ultrasound Program at Bellevue Community College and has maintained a high GPA. Upon graduation, Mr. Augustyn plans on taking the ARDSMS exam for Medical Sonographer as a Registered Vascular Technologist.

 

WHEREAS, Mr. Augustyn was awarded an internship at Swedish Medical Center and was the only candidate slated for a full-tuition scholarship and immediate employment. However, due to his conviction, Mr. Augustyn was unable to accept the internship and was not eligible for the scholarship. Madigan Hospital then offered Mr. Augustyn an internship in the Vascular Lab and a position as a Registered Vascular Technologist when he graduates; but again, there is a chance that he will not be eligible to receive the position because of his conviction.

 

WHEREAS, while completing his studies, Mr. Augustyn worked at the Washington Criminal Justice Center and as a volunteer instructor at the Conscious Fathering Program where he taught parenting skills to teenage fathers.

 

WHEREAS, at his hearing, there was a strong showing of community support for Mr. Augustyn in the form of letters and attendance. The Head Nurse and the Chief of Vascular Surgery Service at Madigan Army Medical Center wrote that they had absolutely no reservations about hiring Mr. Augustyn based on his high skill level, exceptional professionalism, and strong work ethic, In addition, Detective Christina Bartlett; Katherine Olson (ultrasound program director at Bellevue Community College); and Bernie Dorsey (founder of the Conscious Fathering Program) spoke extensively on Mr. Augustyn’s behalf.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Christine O. Gregoire, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Joseph Augustyn, this full and unconditional pardon of his conviction of Violation of the Uniform Controlled Substance Act so that he may pursue permanent and gainful employment.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 8th day of December, A. D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

MELISSA NICHOLE SCOTT

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1992 Ms. Scott was involved in an abusive relationship which had produced one daughter aged 14 months. After a particularly violent episode that occurred when she was eight months pregnant with a second child, Ms. Scott announced her intentions of separating from the father and taking their child with her. Unbeknownst to Ms. Scott, the father sought and obtained a temporary custody order awarding him custody of the child pending further proceedings. The order stated that neither parent could remove the child from Kitsap County.

 

WHEREAS, on August 15, 1992, the Kitsap County Sheriff served Ms. Scott with the temporary custody order; surprised and outraged, she grabbed her child and fled the residence. A few days later, Ms. Scott was arrested when she returned to Washington State from Idaho. Ms. Scott was charged with First Degree Custodial Interference and subsequently entered into a plea agreement in which she was sentenced to 25 days jail time with credit for 25 days served, 24 months community supervision, and a $987 fine.

 

WHEREAS, following her conviction, Ms. Scott entered and completed an in-patient treatment center for drugs and alcohol; sought five years of therapy for the domestic violence she endured; and returned to school to earn her GED. Ms. Scott fought a four year batter to gain custody of her children from their drug-addicted father. In 2000, she received her Associate of Arts and Sciences Degree from Olympic College; in 2002, she received her Bachelor of Arts degree from Western Washington University. While pursuing both degrees, Ms. Scott served as a volunteer for the Head Start and ECEA programs.

 

WHEREAS, along with her own children, Ms. Scott has had custody of her nieces Hailey and Kailey Frias since they were born. Hailey and Kailey’s mother has a history of methamphetamine abuse and has had four children removed from her care; Ms. Scott raised three of those children.

 

WHEREAS, on September 16, 2006, Kailey was born six weeks premature; she needed two blood transfusions, suffered a Grade 4 bleed on the brain, and weighed less than 4 pounds. The Department of Social and Health Services found that Kailey needed continued placement due to the level of medical care and monitoring she required. At the time of her birth, DSHS chose to institutionalize Kailey; their assessment was that she would die within her first year.

 

WHEREAS, upon Kailey’s release from the hospital in October 2006, she was placed with Ms. Scott at Ms. Scott’s insistence; since that time, Kailey has lived continuously in that home with her sister Hailey. Kailey has many developmental delays, cannot sit up unassisted, and requires continuous monitoring. Her long-term diagnosis has not been determined and Cerebral Palsy has not been ruled out.

 

WHEREAS, Kailey’s parents’ rights were terminated on March 6, 2008, and Kailey is now adoptable. Ms. Scott is willing to be a permanent placement for Kailey; however, DSHS says that Ms. Scott’s 1992 Custodial Interference conviction disqualifies her permanently.

 

WHEREAS, Ms. Scott presented several letters of support attesting that she has proven herself to be a conscientious, committed, and loving mother to all of her children. Kailey’s Guardian ad Litem reported to the court that “Melissa continues to love and nurture Kailey as a birth mother would. She is devoted to providing the best care possible….Since Melissa Scott has custody of Kailey’s sister, it would be in both of their…interests to keep them together.”

 

WHEREAS, over 15 years have elapsed since Ms. Scott’s conviction without any further arrests or convictions. Her current conviction of record may result in Kailey being removed from the only home she has ever known.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Christine O. Gregoire, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Melissa Scott, this full and unconditional pardon of her conviction of Custodial Interference so that she may care for and adopt her niece.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 8th day of December, A. D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

MICHAEL B. FOXWORTHY

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on February 22, 1985, Michael Foxworthy was pulled over by a police officer, handcuffed, and placed in the back of a patrol car. While in the patrol car, a young lady appeared, looked at him, and told the officer, “No, that’s not him.” Mr. Foxworthy was arrested, however, and charged with Robbery in the First Degree. All the while, Mr. Foxworthy maintained his innocence.

 

WHEREAS, counsel for Mr. Foxworthy recommended that he avoid a lengthy trial by entering an Alford plea. Because Mr. Foxworthy had no prior criminal history, his attorney believed Mr. Foxworthy would receive at most a work release sentence and the matter would go away. On March 11, 1986, Mr. Foxworthy entered an Alford plea to the charge of Robbery in the Second Degree and was sentenced to five months in jail and ordered to pay restitution.

 

WHEREAS, prior to his arrest and conviction, Mr. Foxworthy served as a medic in the Army, during which he received a good conduct medal. Up until the arrest for which he seeks a pardon, he had no prior criminal record.

 

WHEREAS, Mr. Foxworthy completed all of his court obligations and received a Certificate and Order of Discharge in 1987. He entered Seattle University, graduating with a Bachelors degree in 1995. In 2001, he applied to be trained as a Registered Vascular Technologist. He was one of four people selected from approximately 1500 applicants for admission to a two-year intensive education program. In 2003, he completed the program and obtained his Vascular Technologist Certification.

 

WHEREAS, between 2002 and 2006, Mr. Foxworthy underwent two brain surgeries. In 2006, having just recovered from his second brain surgery, Mr. Foxworthy returned to work. At that time, he was informed that it would be virtually impossible to place him in a hospital setting as hospital policies barred employing convicts. Hospital facilities in Seattle where he once worked were no longer options for him. His employer therefore relocated him to Yakima where he is earning significantly less, and away from family and friends in order to keep him employed. As more hospitals have instituted mandatory background checks on all employees, Mr. Foxworthy has found his ability to pursue his career severely diminished.

 

WHEREAS, the President and CEO of Mr. Foxworthy’s employer considers him to be of the highest integrity, focused, dedicated, intelligent and a hardworking employee. Mr. Foxworthy’s immediate supervisor noted that his skill as a vascular technologist is impeccable.

 

WHEREAS, at Mr. Foxworthy’s Clemency and Pardons hearing, the Board Members noted that he had no other criminal history and that, even after two brain surgeries, he was able to complete an intensive education program and demonstrate that he is a proved asset to the healthcare community. The Board found the petition extraordinary and voted 5-0 to recommend to the Governor that a full and unconditional pardon be granted.

 

WHEREAS, I have reviewed all pertinent facts and circumstance surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I Christine O. Gregoire, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Michael B. Foxworthy this full and unconditional pardon of his conviction of Robbery in the Second Degree so that he may pursue his professional goals.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 30th day of April, A. D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

JAMES LANCE CLARK

 

To all to Whom These Presents Shall Come, Greetings:

 

WHEREAS, shortly after graduating from high school, James L. Clark suffered a hemorrhagic stroke requiring brain surgery. Because he suffered from grand mal seizures, could not drive, and was dependent on family for care, Mr. Clark lived with his mother during his recuperation. His physicians had warned him not to suffer any head trauma during his recovery.

 

WHEREAS, Mr. Clark described his stepfather as a substance abuser who was prone to violent outbursts. He witnessed his stepfather hit a child with a golf club and choke another until he passed out. Mr. Clark feared his stepfather.

 

WHEREAS, during his recuperation, Mr. Clark heard his mother and stepfather arguing. He tried to calm them down, only to have his stepfather chase him through the house while threatening to kill him. Mr. Clark grabbed a .22 rifle that he and his stepbrother used for target practice. Mr. Clark stated that he did not know that the rifle was loaded and only hoped that it would scare his stepfather away. As Mr. Clark ran he turned, pointed the gun toward the floor and pulled the trigger. The rifle discharged. Unbeknownst to Mr. Clark, he shot his stepfather in the foot.

 

WHEREAS, Mr. Clark’s defense counsel, without exploring issues of self defense, advised Mr. Clark to plead guilty or risk several years in prison. Mr. Clark pled guilty to Assault in the Third Degree rather than face the chance of jail time. He was sentenced to six months on house arrest.

 

WHEREAS, after serving his house arrest, Mr. Clark was placed on community supervision for two years. He remained violation free during his entire supervision period, reported regularly to his community corrections officer, and attended all mental health and counseling sessions as required. Since his conviction in 1998, Mr. Clark has had no subsequent contact with Washington State law enforcement.

 

WHEREAS, in 1999, Mr. Clark graduated from Clark College with an Associate Arts degree. Mr. Clark has since obtained two Bachelor degrees and is close to completing his doctoral degree. He graduated 2002 with Honors in Neuroscience and Psychology. While pursuing his education, he served as a teaching assistant and research assistant for several professors. In 2003, Clark was one of 94 students admitted from nearly 400 applicants to Washington State University’s Doctor of Pharmacy program. Mr. Clark is licensed as a pharmacist intern in Washington, Oregon, and Idaho.

 

WHEREAS, Mr. Clark’s convictions preclude him from arranging and completing a year-long experiential practicum required to complete his doctoral degree, as most health care institutions have a policy against allowing convicts to work in their facilities.

 

WHEREAS, A large support group attended Mr. Clark’s Clemency and Pardons Board hearing or wrote in support of his pardon request, including several of his former professors.

 

WHEREAS, the Clark County Prosecutor stated that his office would not oppose a pardon if it were recommended by the Board and wrote, “This may very well meet the definition of an extraordinary case.”

 

WHEREAS, at the Clemency and Pardons Board’s hearing, the Board Members noted Mr. Clark’s remarkable work ethic and academic achievements given his medical and family obstacles. The Board voted 5-0 to recommend to the Governor that a full and unconditional pardon be granted.

 

WHEREAS, I have reviewed all pertinent facts and circumstance surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Christine O. Gregoire, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to James L. Clark this full and unconditional pardon of his conviction of Assault in the Third Degree so that he may pursue his academic and professional goals.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 30th day of April, A. D., two thousand eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

MOISES FLORES ARTEAGA

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on October 9, 1991, Mr. Arteaga went to Child Protective Services (CPS) and reported that he had sexually abused his stepdaughter approximately three of four times over a period of 10 months, with the last incident occurring approximately one year prior to the report.

 

WHEREAS, in April 1993, Mr. Arteaga was sentenced to six month partial confinement under a Work Release Program and ordered to participate in sex offender treatment for two years. Mr. Arteaga successfully completed the terms of his sentence.

 

WHEREAS, Dr. Mark Cross, who oversaw Mr. Arteaga’s treatment from 1993 to 1995, wrote in support of Mr. Arteaga’s pardon petition. He stated that Mr. Arteaga always took full responsibility for his offenses, did not attempt to blame the victim, and sought to learn what he could do to avoid re-offending. Dr. Cross concluded that Mr. Argeaga is at an extremely low risk of reoffending, especially since more than 10 years have passed since his offense.

 

WHEREAS, upon his arrest and conviction Mr. Arteaga reported his crimes to his church and was ex-communicated. According to the former president of Mr. Arteaga’s church, Mr. Arteaga’s dedication and commitment to his church earned him re-admittance as a member in full fellowship in 1996.

 

WHEREAS, the victim personally addressed the Board and stated that she has forgiven her stepfather for his crimes. She stated that her family, especially her own children, would be devastated if her stepfather was deported to Mexico. She expressed concern with who would support her mother, who is in failing health and is dependent on Mr. Arteaga. The victim personally asked the Board to recommend that her stepfather’s petition be granted.

 

WHEREAS, Mr. Arteaga’s wife explained her debilitating health problems to the Board, which includes Bell’s palsy, diabetes, high blood pressure, and sever sleep apnea. She further explained how dependent she was on her husband’s assistance with her care, their home and her medical bills, and that she would likely lose her home if Mr. Arteaga were deported.

 

WHEREAS, at Mr. Arteaga’s Clemency and Pardons hearing, the Board Members felt that a combination of factors existed, making this case extraordinary, including the demonstration of rehabilitation for not reoffending for the last 14 years, the support of the victim, the significant lapse of time between the offense and potential deportation, and the sever emotional and financial hardship to the family if Mr. Arteaga were deported.

 

WHEREAS, I have reviewed all pertinent facts and circumstance surrounding this matter, the circumstances of the crime, and the favorable recommendation of the Washington State Clemency and Pardons Board. In light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Christine O. Gregoire, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Moises Flores Arteaga a CONDITIONAL PARDON subject to the following conditions: he does not commit any gross misdemeanors or felonies for 10 years. PROVIDED that in the event Mr. Arteaga is convicted of any offense classified as a gross misdemeanor or felony in the state of Washington or violates the conditions of this commutation within the 10 years following this pardon, as determined by the Governor, the Conditional Pardon is revoked without notice.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 30th day of April, A. D., two thousand and eight.

 

CHRISTINE O. GREGOIRE,

Governor of Washington

 

SEAL

 


BY THE GOVERNOR

 

SAM REED

Secretary of State

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable Brad Owen

President of the State Senate

Legislature of the State of Washington

Olympia, Washington 98504

 

Dear President Owen:

 

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

 

      Second Substitute Senate Bill No. 6732,

      Second Substitute Senate Bill No. 6377.

      Senate Bill No. 6310,

      Substitute Senate Bill No. 6743,

      Substitute Senate Bill No. 6807,

      Engrossed Substitute Senate Bill No. 6580,

      Second Substitute Senate Bill No. 5596,

      Engrossed Second Substitute Senate Bill No. 6111,

      Engrossed Substitute Senate Bill No. 6665,

      Engrossed Second Substitute Senate Bill No. 6673,

      Senate Bill No. 6818,

      Second Substitute Senate Bill No. 6855.

 

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the State of Washington this 21st, day of April, 2008.

 

SAM REED, Secretary of State

 

(Seal)

 

MESSAGE FROM THE GOVERNOR

 

March 21, 2008

 

To the Honorable President and members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

      I am returning, without my approval as to Sections 11 and 13, Second Substitute Senate Bill No. 6732 entitled:

 

“AN ACT Relating to implementing the recommendations of the joint legislative task force on the underground economy in the construction industry.”

 

      This bill provides precise tools to both the Department of Labor and Industries and the Employment Security Department to crack down on the underground construction economy. This legislation strengthens the ability of the two departments to enforce the statues most frequently violated by unregistered contractors. It also provides the enforcement staff and the penalties necessary to make an impact on the underground construction economy.

      Section 11 directs the Department of Labor and Industries to hire three staff members, including a working supervisor. While it is understandable that the Legislature wishes to make clear its intent regarding the Department’s enforcement staff, specific reporting relationships and staffing levels are decisions best left to the Department and its management. The underlying strategies and tools described in the bill as a whole depend upon increased staffing in the Department’s fraud audit infraction and revenue team. Therefore, I am directing the Department of Labor and Industries to hire investigative staff, consistent with the legislative appropriation provided for implementation of this bill, to carry out the activities and functions necessary to curb the activities of the underground construction economy.

      Section 13 directs the Department of Labor and Industries to establish a pilot program with local jurisdictions surrounding the collection and sharing of building permit information. The intent and makeup of this study is unclear and the language provides little direction as to the nature of the pilot project. Since the pilot was intended to run until the end of 2014, I believe the legislature can revisit this idea in the next session.

      For these reasons, I have vetoed Sections 11 and 13 of Second Substitute Senate Bill No. 6732.

      With the exception of Sections 11 and 13, Second Substitute Senate Bill No. 6732 is approved.

 

Respectfully submitted,

CHRISTINE O. GREGOIRE, Governor

 

MESSAGE FROM THE GOVERNOR

 

March 21, 2008

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

      I am returning, without my approval, Substitute Senate Bill No. 6804 entitled:

 

“AN ACT Relating to capital grants for integrated long-term care worker training labs in the community and technical college system.”

 

      If it had been funded, this bill would have established a capital grant program for up to four long-term care worker training labs in the community and technical college system. However, the bill includes a clause stating that the proposed pilot grant program is null and void unless funding for the program is included in the 2008 supplemental budget. The Legislature did not include funding in either the operating or capital supplemental budgets. By simultaneously including the null and void clause in the bill while not appropriating funding, the Legislature did not intend the bill to become effective.

      For these reasons, I have vetoed Substitute Senate Bill No. 6804 in its entirety.

 

Respectfully submitted,

CHRISTINE O. GREGOIRE, Governor

 

MESSAGE FROM THE GOVERNOR

 

March 26, 2008

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

      I am returning, without my approval as to Sections 204 and 307, Second Substitute Senate Bill No. 6377 entitled:

 


“AN ACT Relating to secondary career and technical education.”

 

      Section 204 provides for three-year grants to high schools and skills centers for implementing integrated work skills, basic skills and English skills program. The Legislature did not allocate funding for Section 204 of this bill in either the supplemental operating budget or in Engrossed Second Substitute Senate Bill No. 6673, which specified the purposes of the appropriations for this legislation. Instead, the Legislature allocated funding in the supplemental operating budget for program development and plans for implementing integrated programs at five skills center. I look forward to receiving the report on these efforts in November. This will guide future program development in this area.

      Section 307 creates a new program, the In-Demand Scholars Program, to be administered by the Workforce Training and Education Board. The Legislature did not allocate funding for this new program in either the supplemental operating budget or in Engrossed Second Substitute Senate Bill No. 6673, which specified the purposes of the appropriations for this bill.

      For these reasons, I have vetoed Sections 204 and 307 of Second Substitute Senate Bill No. 6377.

      With the exceptions of Sections 204 and 307, Second Substitute Senate Bill No. 6377 is approved.

 

Respectfully submitted,

CHRISTINE O. GREGOIRE, Governor

 

MESSAGE FROM THE GOVERNOR

 

March 27, 2008

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

      I am returning without my approval as to Section 15, Senate Bill No. 6310 entitled:

 

“AN ACT Relating to correcting obsolete references concerning chapter 10.77 RCW.”

 

      Section 15 is an emergency clause. An emergency clause is to be used where it is necessary for the immediate preservation of the public peace, health or safety or whenever it is essential for the support of state government. This bill makes technical corrections to existing law by deleting obsolete terms and correcting references. I do not believe that an emergency clause is warranted.

      For these reasons, I have vetoed Section 15 of Senate Bill No. 6310.

      With the exception of Section 15, Senate Bill No. 6310 is approved.

 

Respectfully submitted,

CHRISTINE O. GREGOIRE, Governor

 

MESSAGE FROM THE GOVERNOR

 

March 28, 2008

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

      I am returning, without my approval as to Section 1, Substitute Senate Bill No. 6743 entitled:

 

“AN ACT Relating to autism awareness instruction for teachers of students with autism.”

 

      This bill provides for training and guidelines for teachers of students with autism.

      Section 1 includes an extensive listing of items for an autism guidebook that is being developed by the Caring for Washington Individuals with Autism Task Force with staff support from the Department of Health. These items are very specific regarding possible strategies and activities that could be included to support children with autism in our public schools.

      The OSPI already has a guide developed as a resource for both educators and parents, produced by the Autism Outreach Project, which maintains an informational web site as well as an e-mail address for communication with individuals with specific questions and concerns. I believe that this guide is the most appropriate document to address the many issues raised in Section 1.

      Therefore, I have asked the OSPI to update its guide and to emphasize tools for parents to use. I have also asked that this updated guide be distributed to educational service districts, school districts, appropriate school employees and parent advocacy groups.

      Additionally, I have asked the Professional Educator Standards Board and the OSPI to develop recommendations for autism awareness instruction and methods of teaching students with autism that will strengthen learning for students. The recommendations will address appropriate content in teacher preparation and professional development. These reports will be completed by December 1, 2008.

      For these reasons, I am vetoing Section 1 of Substitute Senate Bill No. 6743.

      With the exception of Section 1, Substitute Senate Bill No. 6743 is approved.

 

Respectfully submitted,

CHRISTINE O. GREGOIRE, Governor

 

MESSAGE FROM THE GOVERNOR

 

March 28, 2008

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

       I am returning without my approval as to Section 2, Substitute Senate Bill No. 6807 entitled:

 

“AN ACT Relating to discharge of long-term care residents.”

 

      Substitute Senate Bill No. 6807 prohibits a boarding home from transferring or discharging a current resident on the basis that it is voluntarily withdrawing from the Medicaid program.

      Section 2 requires all long-term care facilities to disclose in writing to any potential resident prior to admission the facility policy on accepting Medicaid as a payment source. Upon admission, the disclosure will be considered a legally binding contract between the resident and the facility.

      I am concerned that this section is impossible to implement retroactively, and there is no recourse for those who would be in violation of this bill the moment it becomes effective. In addition, Washington’s administrative code already requires the disclosure contemplated in Section 2.


      For these reason, I have vetoed Section 2 of Substitute Senate Bill No. 6807.

      With the exception of Section 2, Substitute Senate Bill No. 6807 is approved.

 

Respectfully submitted,

CHRISTINE O. GREGOIRE, Governor

 

MESSAGE FROM THE GOVERNOR

 

April 1, 2008

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

      I am returning, without my approval as to Section 3, Second Substitute Senate Bill No. 5596 entitled:

 

“AN ACT relating to fair payment for chiropractic services.”

 

      This bill provides that a health insurance carrier may not pay a chiropractor less for a given service or procedure than it pays any other provider for that service or procedure.

      Section 3 directs the Insurance Commissioner after January 1, 2010 to contract for an evaluation of the impact of Section 1 on the utilization and cost of health care services, and requires carriers to provide any data necessary to complete the evaluation. The evaluation is due to the Legislature by January, 2012. Since it was not otherwise funded, the study will be paid for through the administrative assessment levied on carriers by the Office of the Insurance Commissioner. This is a significant administrative burden on carriers with little benefit.

      For these reasons, I have vetoes Section 3 of Second Substitute Senate Bill No. 5596.

      With the exception of Section 3, Second Substitute Senate Bill No. 5596 is approved.

 

Respectfully submitted,

CHRISTINE O. GREGOIRE, Governor

 

MESSAGE FROM THE GOVERNOR

 

April 1, 2008

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

      I am returning without my approval as to Sections 5, 6, 8, 9, and 11, Engrossed Second Substitute Senate Bill No. 6111 entitled:

 

“AN ACT Relating to generating electricity from tidal and wave energy.”

 

      Washington State is currently working with tidal and wave energy project proponents and federal agencies to identify what will need to take place to specify potential environmental impacts and Engrossed Second Substitute Senate Bill No. 6111 establishes a workgroup to further this inquiry.

 

      Sections 5 and 6 require that a public-private entity be created to support hydrokinetic energy develo