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FIFTY EIGHTH LEGISLATURE - THIRD SPECIAL SESSION
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FIRST DAY
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House Chamber, Olympia, Friday, December 5, 2003
The House was called to order at 12:00 Noon by the Speaker. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Dave Mangino and Scott Obert. The Speaker led the Chamber in the Pledge of Allegiance. Prayer was offered by Reverend Jim Erlandson, Community of Christ, Olympia.
July 16, 2003
The Honorable Gary Locke
Governor, State of Washington
P.O. Box 40002
Olympia, WA 98504
Dear Governor Locke:
This is to inform you that I am resigning my position as State Representative from the 3rd Legislative District, effective August 10, 2003.
Sincerely,
Jeff Gombosky
State Representative
RESOLUTION NO. 3-0875
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and
WHEREAS, pursuant to the provisions of Article II, §15 of the Washington State Constitution, when a vacancy occurs in either House of the Legislature, or in any partisan County elected office, it shall be filled by appointment by the Board of County Commissioners of the county in which the vacancy occurs provided that the vacancy must be from the same legislative district, county, or county commissioner district and the same political party as the legislator or partisan county elective official whose office has been vacated, and shall be one of three persons who shall be nominated by the county central committee of the party; and
WHEREAS, Jeff Gombosky submitted his resignation as State Representative from the 3rd Legislative District of the State of Washington to the Governor of the State of Washington, having an effect date of August 10, 2003; and
WHEREAS, pursuant to the provisions of Article II, §15 of the Washington State Constitution, the Spokane County Democratic Committee, through correspondence dated September 10, 2003, submitted a letter to the Board of County Commissioners of Spokane County containing the names of three persons who were nominated by the Democratic Party Central Committee to fill the vacancy created by the resignation of Jeff Gombosky,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, pursuant to the provisions of Article II, §15 of the Washington State Constitution and the letter submitted to the Board of County Commissioners on September 10, 2003, from the Spokane County Democratic Central Committee, that the Board does hereby appoint:
TIMM ORMSBY
to fill the vacancy created by the resignation of Jeff Gombosky as State Representative of the 3rd District of the State of Washington to hold such office until his successor is elected in the next General Election.
PASSED AND ADOPTED this 30th day of September, 2003.
BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON
JOHN ROSKELLEY, Chair
PHILLIP D. HARRIS, Vice Chair
M. KATE MCCASLIN
The Speaker called upon the Chamber to acknowledge Representative Timm Ormsby.
The Speaker congratulated Representatives DeBolt and Chandler on their election to Republican Leadership.
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the 2003 Regular Session of the Legislature adjourned on April 27, 2003, the 105th day of session; and
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the 2003 First Special Session of the Legislature adjourned on June 10, 2003, the 30th day of the first special session; and
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the 2003 Second Special Session of the Legislature adjourned on June 11, 2003, the 1st day of the second special session; and
WHEREAS, it is now necessary for me to convene a Third Special Session of the Legislature for the purpose of canceling the non-binding 2004 presidential primary;
NOW, THEREFORE, I, Gary Locke, Governor of the State of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7 of the Washington State Constitution, do hereby convene the Washington State Legislature in Special Session at the Capitol in Olympia at noon on Friday, December 5, 2003 for a period of not more than one week for the purpose of enacting legislation as described above.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia this 4th day of November, A.D., two thousand and three.
Gary Locke, Governor of Washington
July 17, 2003
Speaker Frank Chopp
P.O. Box 40600
Olympia, WA 98504
Dear Speaker Chopp:
This is to inform you that I will be resigning my position as Chief Clerk, effective 7/31/2003, to become President of TVW. It has been an honor to serve you and the members of the House of Representatives and I wish you every success in the future.
Sincerely,
Cynthia Zehnder
Chief Clerk
Representative Kessler: "Thank you Mr. Speaker. It is an honor to nominate Rich Nafziger as Chief Clerk of the Washington State House of Representatives.
Rich and I go back many years. In fact, before I was elected to the State House, Rich arrived in Grays Harbor from Olympia to work with a battered and bruised community. He offered his hand...the hand of government . . . "Hi, I’m Rich Nafziger, I’m from the government and I’m here to help you." I thought at the time, what a brave man he was to come to timber country and offer to help pick up the pieces. A daunting task at best since my community was in a fairly hostile mood over decisions that were made by government. Decisions that drove the unemployment rate in Grays Harbor up to 19% by 1993.
Well here we are, over a decade later and I am nominating this same man to serve as Chief Clerk for the Washington State House of Representatives. A very critical and important administrative job to be sure. But also a job that requires someone who can work with both sides of the aisle to ensure that the institution is protected at all times. That the employees and members feel valued and respected. That our ever shrinking dollars are spent wisely and efficiently. A daunting task but one Rich is certainly up to.
He emerged from his job in timber country unscathed and with the respect of the community. I know he will give the same energy, respect and expertise to the job of Chief Clerk. I am confident that we can look to him for leadership and a commitment to our beloved House of Representatives. He is a man of honor, a man of compassion, a proven leader and administrator and, more importantly, a good listener. A skill that will go a long way in performing the myriad of tasks required of this job and the diverse cast of characters that make up the House of Representatives.
Please join me in voting for Rich Nafziger as the Chief Clerk of the Washington State House of Representatives.
Thank you."
Representative Clements: "Thank you, Mr. Speaker. I am pleased to second and proud to support the nomination of Rich Nafziger for Chief Clerk. Rich and I met in 1996 and have been professional friends since then. I know his political adventure and career began as a nonpartisan employee of the House Appropriations Committee twenty years ago. And as mentioned, he worked for Governor Gardner on the timber issues that impacted this State dramatically in the 80's and 90's.
My introduction to Rich was in 1996. He was the liaison for Governor Locke when it came to farm worker issues, unemployment issues and work force training. In all these years, we've never had an argument, Mr. Speaker. We both decided early on that success on some of these tough issues was to be determined by genuine concern rather than politics. Rich is a man that will work for this body building bridges rather than burning them. He has always worked, Mr. Speaker, with fairness and an open mind. I know even today very little is for certain in this world that you and I live in, but I do know that Rich will serve this body well and with honor.
Thank you."
Representative Kessler moved that the nominations for Chief Clerk be closed. The motion carried.
Representative Kessler moved that by a unanimous voice vote, Richard Nafziger be elected as Chief Clerk of the House. The motion carried.
The Speaker asked Representatives Kessler and Clements to escort Richard Nafziger to the Rostrum.
Supreme Court Justice Tom Chambers administered the Oath of Office to Richard Nafziger.
Chief Clerk Richard Nafziger: "Thank you Mr. Speaker. Thank you Justice Chambers. Thank you Representative Kessler and Representative Clements for your kind words.
Mr. Speaker, I am truly honored to be here. And I am pleased that my family is here, too. I’d like to thank my wife Kristin Swenddal, and my daughters, Tess and Mia, for coming today, and for all their support.
I recognize that my service will be one very small moment in the long history of this institution. This moment was made possible by all those who have come before me, and who have built the standards of civility, transparency, and mutual respect that make democracy possible. So I want to acknowledge an enormous debt of gratitude to all those who have held this office before me.
I want to thank both staff and members for their hard work, and for sharing the special experience of making Washington history.
I also want to express my commitment to respect the important role of the minority party. Debate and dissent are the lifeblood of the democratic tradition. A strong and vocal minority is essential to the rigor and integrity of the legislative process, and to the full representation of Washington’s citizens.
Again, thank you very much for entrusting me with the administration of this institution, and for your devotion to the practice of democracy."
The Speaker requested the Sergeant-at-Arms to escort Justice Chambers from the Chambers.
INTRODUCTION & FIRST READING
HB 2297 By Representatives Haigh, Armstrong, Kagi, Nixon, Santos, Hinkle, Shabro, Tom, Fromhold, Delvin, Dickerson, Alexander, McCoy, Ahern, Simpson, Woods, Clibborn, McDonald, Kenney, Miloscia, Chase, Lantz, Bailey, Schual-Berke, Hudgins, Flannigan, Dunshee, Ruderman, Darneille, Upthegrove, Linville, Blake, Hunter, Quall, Hunt, Morris, Wallace, Kessler, Veloria, Hankins, Lovick, Eickmeyer, Berkey, Romero, Rockefeller, Morrell and Sullivan; by request of Governor Locke
AN ACT Relating to the cancellation of the 2004 presidential primary; amending RCW 29.19.020 and 29A.56.020; providing an effective date; providing expiration dates; and declaring an emergency.
HJM 4029 By Representatives Morris, Nixon, Linville, Tom, Wood, Hankins and Eickmeyer
Encouraging participating parties to sign the Bonneville Power Administration's proposed agreement.
HCR 4411 By Representatives Kessler, Chandler and Sullivan
Adjourning SINE DIE.
There being no objection, HOUSE BILL NO. 2297 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, HOUSE CONCURRENT RESOLUTION NO. 4411 was read the first time, the rules were suspended and the concurrent resolution was placed on the Second Reading calendar.
There being no objection, HOUSE JOINT MEMORIAL NO. 4029 listed on the day's introduction sheet under the fourth order of business was referred to the Committee on Technology, Telecommunications and Energy.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2297, By Representatives Haigh, Armstrong, Kagi, Nixon, Santos, Hinkle, Shabro, Tom, Fromhold, Delvin, Dickerson, Alexander, McCoy, Ahern, Simpson, Woods, Clibborn, McDonald, Kenney, Miloscia, Chase, Lantz, Bailey, Schual-Berke, Hudgins, Flannigan, Dunshee, Ruderman, Darneille, Upthegrove, Linville, Blake, Hunter, Quall, Hunt, Morris, Wallace, Kessler, Veloria, Hankins, Lovick, Eickmeyer, Berkey, Romero, Rockefeller, Morrell and Sullivan; by request of Governor Locke
Canceling the presidential primary in 2004.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Haigh and Armstrong spoke in favor of passage of the bill.
Representative Shabro spoke against the passage of the bill.
MOTIONS
On motion of Representative Hudgins, Representatives Dickerson and Santos were excused. On motion of Representative Clements, Representatives Cairnes, Delvin, Jarrett, Mastin and Skinner were excused.
The Speaker stated the question before the House to be the final passage of House Bill No. 2297.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2297 and the bill passed the House by the following vote: Yeas - 84, Nays - 7, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Berkey, Blake, Boldt, Buck, Bush, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Schindler, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 84.
Voting nay: Representatives Benson, Carrell, Kirby, McMahan, Mielke, Roach and Shabro - 7.
Excused: Representatives Cairnes, Delvin, Dickerson, Jarrett, Mastin, Santos and Skinner - 7.
HOUSE BILL NO. 2297, having received the necessary constitutional majority, was declared passed.
Representative Orcutt extended his thanks to members and staff for their cards and well wishes regarding his accident which broke his leg.
RESOLUTION
HOUSE RESOLUTION NO.2003-4670, by Representatives Woods, Romero, Alexander, Conway, Berkey, Rockefeller, Edwards, Ahern, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Chopp, Clements, Clibborn, Cody, Condotta, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace and Wood
WHEREAS, Over eight thousand five hundred men and women of the Washington National Guard, comprised of Air National Guard and Army National Guard, continue to serve the country as Guardians of American interests at home and abroad; and
WHEREAS, These citizen-soldiers are recognized leaders in state, regional, and national preparedness, reside in every legislative district throughout Washington, and volunteer their time and personal efforts to serve the needs of the people of Washington state; and
WHEREAS, The Washington Army National Guard includes the 81st Armor Brigade (Separate) commanded by Brigadier General, Oscar B. Hilman; and
WHEREAS, The members of the 81st Armor Brigade stand ready to defend the lives and property of the citizens of the state of Washington, to defend this nation, and to defend the interests of freedom around the world; and
WHEREAS, The federal mission of the 81st Armor Brigade is to mobilize and deploy to a theater of operations to conduct combat operations, redeploy, and demobilize, and its state mission is to be prepared for employment in the protection of life and property, and the preservation of peace, order, and public safety, and/or disaster relief operations as required; and
WHEREAS, The 81st Armor Brigade came into existence as "straight-leg" infantry in 1968 but its origins go back to World War I; and
WHEREAS, The Governor has called-up the 81st Armor Brigade to State Active Duty on several occasions in past years to provide support in protecting lives and property from natural disasters; the Snohomish River valley flood in December 1975, the eruption of Mt. St. Helens in May 1980, the "Thanksgiving Day Floods in November 1990, and the massive forest fires in Eastern Washington in July to early September 1994, at which time 2,300 81st Armor Brigade personnel were fighting fires and providing support for local, state, and federal agencies; and
WHEREAS, The 81st Armor Brigade recently received Department of the Army mobilization orders that brought them on active duty beginning November 15, 2003, for eighteen months of federal active duty to include at least 12 months in Iraq conducting security, support, and stabilization operations; and
WHEREAS, The 81st Armor Brigade is one of three National Guard Enhanced Separate combat brigades nationwide that has been identified to deploy to Iraq in support of Operation Iraqi Freedom; and
WHEREAS, Members of the 81st Armor Brigade will spend several weeks of predeployment training at Fort Lewis and Yakima Training Center, coordinating their absence with their employers, and putting their personal affairs in order; and
WHEREAS, The 81st Armor Brigade is made up of the 1st Battalion, 303rd Armor and 1st Battalion, 185th Armor, the 1st Battalion, 161st Infantry, the 898th Engineer Battalion, the 2nd Battalion, 146th Field Artillery, the 181st Support Battalion, Troop E, 303rd Cavalry, the 281st Military Intelligence Company, Delta Battery, 216th Air Defense Artillery, and Headquarters and Headquarters Company, 81st Armor Brigade; and
WHEREAS, The members of the 81st Armor Brigade are dedicated troops, well-trained in all aspects of their mission, and perform their duties with great confidence and skill; and
WHEREAS, The members of the 81st Armor Brigade make great personal and professional sacrifices to serve our state and nation; and
WHEREAS, The families of the members of the 81st Armor Brigade endure not only the hardship of separation, but offer the greatest gift they possess on behalf of this nation - the health and life of their loved ones; and
WHEREAS, The employers of the members of the 81st Armor Brigade have gone above and beyond the call of duty with their support of the Washington National Guard mission; and
WHEREAS, Major General, Timothy J. Lowenberg, commander of the Washington National Guard, expressed his confidence that the 81st Armor Brigade will be ready to take on this important mission;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives express its gratitude and appreciation to the soldiers and airmen of the Washington National Guard and their families and employers without whom the Washington National Guard's missions could not be successful; and
BE IT FURTHER RESOLVED, That the House of Representatives recognize and honor the commitment to duty, bravery, and self-sacrifice of the members of the 81st Armor Brigade, the devotion and sacrifice that is made by their families and loved ones allowing them to serve our great state and nation, and the support and sacrifice of their employers ensuring them the opportunity and security to serve; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Washington National Guard Commanding Officer, Major General, Timothy J. Lowenberg; the 81st Armor Brigade Commanding Officer, Brigadier General, Oscar B. Hilman; the Commanding Officer of the 1st Battalion, 303rd Armor, Lieutenant Colonel Ronald Kapral; the Commanding Officer of the 1st Battalion, 185th Armor, Lieutenant Colonel Keith Lochner; the Commanding Officer of the 1st Battalion, 161st Infantry, Lieutenant Colonel Christopher Fowler; the Commanding Officer of the 898th Engineer Battalion, Lieutenant Colonel Duane Coffey; the Commanding Officer of the 2nd Battalion, 146th Field Artillery, Major Grant Lingg; the Commanding Officer of the 181st Support Battalion, Lieutenant Colonel Harry Gonzalez; the Commanding Officer of Troop E 303rd Cav, Captain Anthony Lonsdale; the Commanding Officer of the 281st Military Intelligence Company, Captain Stanley Seo; the Commanding Officer of the Delta Battery, 216th Air Defense Artillery, Major Peter Lillie; the Commanding Officer of the Headquarters and Headquarters Company, 81st Armor Brigade, Major George Dukes; the Governor of the State of Washington, the Honorable Gary Locke; the Acting Secretary of the Army, the Honorable Les Brownlee; the Secretary of Defense, the Honorable Donald H. Rumsfeld; and the President of the United States, the Honorable George W. Bush.
Representative Woods moved the adoption of the resolution.
Representatives Woods and Romero spoke in favor of the adoption of the resolution.
HOUSE RESOLUTION NO. 4670 was adopted.
RESOLUTION
HOUSE RESOLUTION NO. 2003-4669, By Representatives Schoesler and Cox
WHEREAS, Washington state annually awards one teacher in the state with the distinguished Teacher of the Year award; and
WHEREAS, Dennis Griner, chosen from among hundreds of Washington's top educators, is the recipient of the 2003 Washington State Teacher of the Year award; and
WHEREAS, Dennis Griner is a teacher at Garfield - Palouse High School in the Palouse School District and has been a professional educator for more than thirty years; and
WHEREAS, Mr. Griner is a remarkable catalyst for learning in his classrooms and his school, helping to cultivate a community of learners among his colleagues and students; and
WHEREAS, His passion, vision, and commitment to educating his students consistently exceed all expectations, and he regularly engages each student's mind, heart, and spirit, drawing out of these students the confidence and courage to have fun while learning; and
WHEREAS, Mr. Griner's brilliance in seizing every teachable moment and stretching young minds to want to learn new and exciting concepts is at the heart of education; and
WHEREAS, Mr. Griner challenges his students to follow him down new roads and adventures in learning; and
WHEREAS, Parents of Mr. Griner's students have sung praises of his ability to connect with their children, no matter how different each is; and
WHEREAS, Mr. Griner guides his students to discover within themselves new paths for success and new validation for their own unique talents; and
WHEREAS, Mr. Griner is a respected leader in his school district, beginning and ending each day teaching students the rules of the road in drivers' education classes, as well as teaching a full day of U.S. History and current world events; and
WHEREAS, Mr. Griner has a strong passion for audio/visual communications as well as possessing a strong gift in grant writing, a wealth of knowledge which he continues to share with his students as well as the whole community;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize Dennis Griner for his remarkable achievement in being awarded Washington State Teacher of the Year; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk to the Office of the Superintendent of Public Instruction, the Washington Education Association, the Palouse School District Superintendent, the principal of Garfield - Palouse High School, and Mr. Dennis Griner.
HOUSE RESOLUTION NO. 4669 was adopted.
MESSAGE FROM THE SENATE
December 5, 2003
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2297, and the same is herewith transmitted.
Milt H. Doumit, Secretary
SIGNED BY THE SPEAKER
The Speaker signed:
SECOND READING
HOUSE CONCURRENT RESOLUTION NO. 4411, By Representatives Kessler, Chandler and Sullivan
Adjourning SINE DIE.
The concurrent resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the concurrent resolution was placed on final passage.
The Speaker stated the question before the House to be the adoption of House Concurrent Resolution No. 4411.
HOUSE CONCURRENT RESOLUTION NO. 4411, having received the necessary constitutional majority, was declared adopted.
MESSAGE FROM THE SENATE
December 5, 2003
Mr. Speaker:
The President has signed HOUSE BILL NO. 2297, and the same is herewith transmitted.
Milt H. Doumit, Secretary
MESSAGE FROM THE SENATE
February 5, 2003
Mr. Speaker:
The Senate has adopted HOUSE CONCURRENT RESOLUTION NO. 4411, and the same is herewith transmitted.
Milt H. Doumit, Secretary
SIGNED BY THE SPEAKER
The Speaker signed:
HOUSE CONCURRENT RESOLUTION NO. 4411,
MESSAGE FROM THE SENATE
December 5, 2003
Mr. Speaker:
The President has signed HOUSE CONCURRENT RESOLUTION NO. 4411, and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the reading of the Journal of the 1st Day of the Third Special Session of the 58th Legislature was dispensed with and it was ordered to stand approved.
There being no objection, the House of Representatives of the Third Special Session of the 58th Legislature adjourned SINE DIE.
FRANK CHOPP, Speaker RICHARD NAFZIGER, Chief Clerk