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FIFTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Friday, January 17, 2003
The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.
MOTION
On motion of Senator Sheahan, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORT OF STANDING COMMITTEE
January 15, 2003
SB 5048 Prime Sponsor, Senator Roach: Designating an official state mammal. Reported by Committee on Government Operations and Elections
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Fairley, Horn, McCaslin and Reardon.
Passed to Committee on Rules for second reading.
MESSAGE FROM STATE OFFICE
STATE OF WASHINGTON
DEPARTMENT OF AGRICULTURE
P.O. Box 42560, Olympia, Washington 98504-2560
January 13, 2003
Tony Cook, Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
RE: Report to the Legislature -- Imported Apples Report
Dear Mr. Cook
Enclosed is the revised December 26, 2002 Imported Apples Report required by Chapter 235, Laws of 2002 (EHB 2773). Please replace the report with the current version dated December 31, 2002.
If you have any questions, please call me at (360) 902-1850. Thank you.
Sincerely,
Leslie Emerick
Legislative Affairs Coordinator
MESSAGE FROM STATE OFFICE
STATE OF WASHINGTON
DEPARTMENT OF AGRICULTURE
P. O. Box 42560, Olympia, Washington 98504-2560
REPORT TO THE LEGISLATURE
APPLES IMPORTED BY COMMISSION MERCHANTS
December 31, 2002
Prepared by Jerry Buendel
Commission Merchants Program Manager
Washington State Department of Agriculture
Background
The Commission Merchants Program was established to protect producers, buyers and sellers of agricultural products against illegal business practices. Chapter 20.01 RCW, Agriculture Products–Commission Merchants, Dealers, Brokers, Buyers, Agents, was first enacted in 1959. The statute gives the Department of Agriculture the authority to regulate individuals and businesses that receive on consignment, take possession or control of or act as brokers in the resale or processing of unprocessed agricultural products, i.e. Commission Merchants. The department regulates individuals and businesses through licensing and bonding. The program investigates complaints from consignors and carries out enforcement activities. Funding for the Commission Merchants Program is provided solely through license fees and other charges.
The Washington State Department of Agriculture (WSDA) was directed by the 2002 Legislature, under Chapter 235, Laws of 2002, to require each Commission Merchant handling apples imported into the United States between January 1, 2002, and November 30, 2002, to report the volume of each variety of imported apples that was received by and packed and sold by the Commission Merchant by December 15, 2002. WSDA was to compile the information and provide a report to the Secretary of the Senate and the Chief Clerk of the House of Representatives by December 31, 2002.
WSDA tasked the Commission Merchants Program to gather and report the information. The program office, after coordinating with stakeholder associations, devised a form and method to collect the required information.
Results
Commission Merchants reported selling 3.09 million boxes of imported apples in the 11-month period of January 1 to November 30, 2002. Businesses reported importing 23 different varieties of apples, with Braeburn, Fuji and Royal Gala accounting for 70 percent of the imported apples.
Table 1 provides a breakout of the volume of imported apples by variety reported by those licensed as Commission Merchants. The apples were reported in 42-pound equivalent units, the approximate weight of a box of apples.
TABLE 1, APPLES IMPORTED BY COMMISSION MERCHANTS BY VARIETY, 2002
VARIETY RECEIVED PACKED SOLD
Bart 1,280 1,280
Beauty 278 278
Braeburn 687,921 27,624 680,820
Cripps Pink 10,073 10,073
Fuji 679,486 32,066 694,775
Gala 288,198 64,905 286,233
Golden 242 242
Granny Smith 262,893 10,860 246,556
Jazz 1,477 1,477
Jonagold 872 872
Macintosh 34,176 1,386 33,886
New Zealand Queen 3,633
New Zealand Rose 18,088 10,549
Pacific Beauty 11,055 10,167
Pacific Queen 21,945 21,625
Pacific Rose 123,148 118,706
Pink Lady 54,363 52,244
Red Delicious 637 637
Rose 30,278 26,116 55,946
Royal Gala 727,837 754,457
Sansa 98 98
Southern Rose 90,668 88,251
Spartans 546 546
Yataka 5,792 5,792
TOTALS 3,059,186 162,957 3 ,090,337
Notes:
* Apples were imported from New Zealand, Chile, Argentina and Canada. Reporting on the country of origin was optional.
* The department contacted 112 businesses licensed as Commission Merchants. Sixteen (16) of the 112 businesses reported handling imported apples.
* There are other licensees who may handle imported apples. In 2002, the department issued 35 Broker licenses, 225 Dealer licenses and 3 Limited Dealer licenses and 104 Cash Buyer licenses. Businesses may be licensed in more than one category.
The revised Department of Agriculture 2002 Imported Apples Report is on file in the Office of the Secretary of the Senate.
MESSAGE FROM THE HOUSE
January 17, 2003
MR. PRESIDENT:
The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8400, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5167 by Senators Regala, Hewitt, Franklin, Winsley and Kohl-Welles
AN ACT Relating to sellers of travel; and amending RCW 19.138.140.
Referred to Committee on Commerce and Trade.
SB 5168 by Senator Hargrove
AN ACT Relating to interest on legal financial obligations; and amending RCW 10.82.090.
Referred to Committee on Children and Family Services and Corrections.
SB 5169 by Senator Hargrove
AN ACT Relating to court-ordered restitution; amending RCW 9.94A.750; and reenacting and amending RCW 9.94A.753.
Referred to Committee on Children and Family Services and Corrections.
SB 5170 by Senators Esser, Kline, Johnson and Roach (by request of Office of the Code Reviser)
AN ACT Relating to correction of outdated internal references in the Revised Code of Washington; and amending RCW 8.26.020, 9.94A.731, 11.68.090, 11.97.010, 11.97.900, and 29.81.310.
Referred to Committee on Judiciary.
SB 5171 by Senators Esser, Kline, Johnson and Roach (by request of Office of the Code Reviser)
AN ACT Relating to technical corrections concerning manufactured and mobile homes under the authority of RCW 1.08.025; amending 2002 c 268 s 10 (uncodified); and reenacting and amending RCW 43.22.434.
Referred to Committee on Judiciary.
SB 5172 by Senators Esser, Kline, Johnson and Roach (by request of Office of the Code Reviser)
AN ACT Relating to making technical corrections to the Revised Code of Washington under the authority of RCW 1.08.025; and amending RCW 3.66.060, 4.24.210, 7.84.020, 7.84.040, 9.41.098, 10.105.900, 15.85.020, 15.85.060, 16.36.005, 17.26.020, 19.27.490, 19.158.020, 34.05.328, 35.21.404, 35.63.230, 35A.21.290, 35A .63.250, 35A.69.010, 36.70.982, 36.70.992, 36.70A .460, 43.21B.005, 43.21C.0382, 43.21C.260, 43.21.010, 43.52.440, 43.101.010, 69.04.930, 69.04.934, 70.105D.090, 72.63.040, 76.09.030, 76.09.063, 7 6.09.350, 76.09.910, 76.13.100, 76.42.060, 77.15.310, 78.44.050, 79.76.060, 79.90.150, 79.94.390, 79.96.080, 79A.25.240, 79A.60.010, 82.27.070,89. 08.470, 90.03.247, and 90.58.147.
Referred to Committee on Judiciary.
SB 5173 by Senators Esser, Kline, Johnson and Roach (by request of Office of the Code Reviser)
AN ACT Relating to making technical corrections concerning notaries public under the authority of RCW 1.08.025; and repealing RCW 42.44.040.
Referred to Committee on Judiciary.
SB 5174 by Senators Shin, T. Sheldon, Reardon, Fairley, West, Franklin, Hale, Kohl-Welles, McAuliffe, Rasmussen and Roach
AN ACT Relating to renaming the committee on economic development to the committee on economic development and international trade; and amending RCW 44.52.010.
Referred to Committee on Economic Development.
SB 5175 by Senators Doumit, Roach, Haugen, Kohl-Welles, McAuliffe, Rasmussen, T. Sheldon and Winsley
AN ACT Relating to monthly pensions for volunteer fire fighters and reserve officers; amending RCW 41.24.185; reenacting and amending RCW 41.24.170; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5176 by Senators Roach and Doumit
AN ACT Relating to providing wildland fire fighting training; and reenacting and amending RCW 43.43.934.
Referred to Committee on Government Operations and Elections.
SB 5177 by Senators Sheahan, Jacobsen, Swecker, Hewitt, Honeyford, Oke, Hale, Esser, Schmidt and B. Sheldon
AN ACT Relating to creating the corps of discovery pass for Lewis and Clark parks; adding a new section to chapter 79A.05 RCW; and creating a new section.
Referred to Committee on Parks, Fish and Wildlife.
SB 5178 by Senators Hewitt, T. Sheldon, Rasmussen, Franklin, Shin, Rossi, Hale and B. Sheldon (by request of Lieutenant Governor Owen)
AN ACT Relating to funding and expenditures for legislative trade hosting and mission activities; amending RCW 42.52.150; adding a new section to chapter 44.04 RCW; and adding a new section to chapter 42.52 RCW.
Referred to Committee on Commerce and Trade.
SB 5179 by Senators Oke, Mulliken, Rasmussen and T. Sheldon
AN ACT Relating to the use of body-gripping traps; amending RCW 77.15.192 and 77.15.194; creating a new section; and declaring an emergency.
Referred to Committee on Parks, Fish and Wildlife.
SB 5180 by Senators Hewitt, B. Sheldon, Hale, Benton and Rasmussen (by request of Lieutenant Governor Owen)
AN ACT Relating to modifying the name of the legislative committee on economic development; and amending RCW 44.52.010.
Referred to Committee on Economic Development.
SB 5181 by Senators Benton, Mulliken, Eide, McCaslin, T. Sheldon and Esser
AN ACT Relating to extending the expiration date on the tax credit for software companies in rural counties; amending RCW 82.04.4456; and providing an expiration date .
Referred to Committee on Economic Development.
SB 5182 by Senators Benton, Mulliken, McCaslin, Sheahan, T. Sheldon and Esser
AN ACT Relating to extending the expiration date for the rural county information technology tax credit; amending RCW 82.04.4457; and providing an expiration date.
Referred to Committee on Economic Development.
SB 5183 by Senators Benton, Stevens and Eide
AN ACT Relating to first year teachers' salaries; and amending RCW 28A.400.200.
Referred to Committee on Education.
SB 5184 by Senators Benton, Stevens, Mulliken, Kohl-Welles, Oke, Winsley, Eide and Esser
AN ACT Relating to property tax relief for senior citizens and persons retired because of physical disability; and amending RCW 84.36.383.
Referred to Committee on Ways and Means.
SB 5185 by Senators Benton, Mulliken and Stevens
AN ACT Relating to open public meetings; and amending RCW 42.30.030, 42.30.040, 42.30.060, and 42.30.070.
Referred to Committee on Government Operations and Elections.
SB 5186 by Senators Benton, Stevens, Swecker, Horn, Mulliken, Oke, Carlson, Deccio, Hale, Roach, Sheahan, T. Sheldon, West, Winsley and Esser
AN ACT Relating to updating state law to conform to changes in the federal estate tax; amending RCW 11.02.005 and 83.100.020; and creating a new section.
Referred to Committee on Ways and Means.
SB 5187 by Senators Benton and Stevens
AN ACT Relating to property taxes; adding a new section to chapter 84.36 RCW; adding a new section to chapter 84.40 RCW; and creating new sections.
Referred to Committee on Ways and Means.
SB 5188 by Senators Benton, Stevens and Esser
AN ACT Relating to taxation; adding a new section to chapter 43.135 RCW; creating a new section; and providing a contingent effective date.
Referred to Committee on Ways and Means.
SB 5189 by Senators Benton, Swecker, Kohl-Welles, Shin, Stevens, Oke, Roach and Winsley
AN ACT Relating to tuition and fees charged at institutions of higher education to military and naval veterans of the Korean conflict; amending RCW 28B.15.910; and adding a new section to chapter 28B.15 RCW.
Referred to Committee on Higher Education.
SB 5190 by Senators Jacobsen, Horn, Haugen and Franklin
AN ACT Relating to fuel tax evasion; amending RCW 82.36.380 and 82.3 8.270; adding new sections to chapter 82.36 RCW; adding new sections to chapter 82.38 RCW; creating a new section; repealing RCW 82.36.306 and 82.3 8.182; and prescribing penalties.
Referred to Committee on Highways and Transportation.
SB 5191 by Senators Jacobsen, Horn and Haugen
AN ACT Relating to changing the payment date of motor vehicle fuel tax and special fuel tax when paying by electronic funds transfer; amending RCW 82.36.035 and 82.38.160; repealing RCW 82.36.405 and 82.38.289; providing an effective date; and declaring an emergency.
Referred to Committee on Highways and Transportation.
SB 5192 by Senators Zarelli and Oke
AN ACT Relating to Washington technology investments; adding a new section to chapter 43.33A RCW; and creating a new section.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5193 by Senators Benton, Prentice, Winsley, Horn, Franklin, Kohl-Welles, Oke and Kline (by request of Insurance Commissioner Kreidler)
AN ACT Relating to property insurance for victims of malicious harassment; amending RCW 49.60.030; and adding a new section to chapter 48.30 RCW.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5194 by Senators Roach, Kastama, Johnson and Regala (by request of Legislative Ethics Board)
AN ACT Relating to ethics investigations; and amending RCW 42.52.450.
Referred to Committee on Government Operations and Elections.
SB 5195 by Senators Swecker, Rasmussen, Sheahan, Jacobsen and Brandland (by request of Department of Agriculture)
AN ACT Relating to forwarding grain when an emergency storage situation exists; and amending RCW 22.09.660.
Referred to Committee on Agriculture.
SB 5196 by Senators Swecker, Rasmussen, Sheahan, Jacobsen and Brandland (by request of Department of Agriculture)
AN ACT Relating to regulating the sale, processing, or purchase of agricultural products; amending RCW 20.01.010, 20.01.130, 20.01.140, 20.01.211, 20.01.240, 20.01.32 0, 20.01.410, 20.01.460, 20.01.490, and 20.01.610; and prescribing penalties.
Referred to Committee on Agriculture.
SB 5197 by Senators Swecker, Rasmussen, Jacobsen, Sheahan and Brandland (by request of Department of Agriculture)
AN ACT Relating to moving a web site address from statute to rule; amending RCW 15.54.340; and providing an effective date.
Referred to Committee on Agriculture.
SB 5198 by Senators Parlette, Winsley, Deccio, Thibaudeau, Keiser, Franklin and Brandland
AN ACT Relating to public hospital district recruitment and training; and amending RCW 70.44.060.
Referred to Committee on Health and Long-Term Care.
SB 5199 by Senators Keiser, Doumit, Eide, McAuliffe and Winsley
AN ACT Relating to park passes; and amending RCW 79A.05.065.
Referred to Committee on Parks, Fish and Wildlife.
SB 5200 by Senators Roach, Benton, Swecker, Finkbeiner, Stevens and Sheahan
AN ACT Relating to height restrictions on amateur radio antennas; and amending RCW 35.21.315, 35A.21.260, and 36.32.600.
Referred to Committee on Government Operations and Elections.
SB 5201 by Senators Roach, Horn, Swecker, Esser and Honeyford
AN ACT Relating to the volunteer amateur radio emergency communications act; amending RCW 38.52.010 and 38.52.030; and adding a new section to chapter 38.52 RCW.
Referred to Committee on Government Operations and Elections.
SB 5202 by Senators Stevens, Esser, Swecker, Schmidt, Benton, Roach, Zarelli and Finkbeiner
AN ACT Relating to use permits for telecommunications facilities on state lands; amending RCW 79.01.392; adding a new section to chapter 79.01 RCW; and creating a new section.
Referred to Committee on Technology and Communications.
SB 5203 by Senators Oke, Doumit, Jacobsen and Swecker (by request of Department of Fish and Wildlife)
AN ACT Relating to the use of controlled substances by the department of fish and wildlife; adding a new section to chapter 69.50 RCW; and creating a new section.
Referred to Committee on Parks, Fish and Wildlife.
SB 5204 by Senators Oke, Doumit, T. Sheldon, Jacobsen, Swecker, Kohl-Welles and Esser (by request of Department of Fish and Wildlife)
AN ACT Relating to enhancing watchable wildlife activities; amending RCW 77.12.170 and 77.32.380; adding a new section to chapter 77.32 RCW; and creating a new section.
Referred to Committee on Parks, Fish and Wildlife.
SB 5205 by Senators Roach, Shin, Hewitt, Horn, Thibaudeau, Schmidt, McCaslin, Benton, Franklin, Keiser, McAuliffe, Oke, Rasmussen, T. Sheldon and Eide
AN ACT Relating to monitoring of sex offenders; adding new sections to chapter 9.94A RCW; adding new sections to chapter 13.40 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Children and Family Services and Corrections.
SB 5206 by Senators Roach, Swecker, Shin, Benton, Oke, Rasmussen and Winsley
AN ACT Relating to crimes related to mail; reenacting and amending RCW 9.94A.515, 9.94A.515, and 13.40.0357; adding a new chapter to Title 9A RCW; prescribing penalties; providing an effective date; and providing an expiration date.
Referred to Committee on Judiciary.
SJR 8205 by Senators Benton, Stevens and Esser
Amending the Constitution to require voter approval or super majority legislative approval for tax increases.
Referred to Committee on Ways and Means.
SJR 8206 by Senators Benton and Stevens
Amending the Constitution to require voter approval on taxes.
Referred to Committee on Ways and Means.
SCR 8402 by Senators Shin, Swecker, T. Sheldon, Reardon, Fairley, West, Benton, Kohl-Welles, Rasmussen and Winsley
Encouraging legislator trade mission participation.
Referred to Committee on Commerce and Trade.
MOTION
On motion of Senator Sheahan, Senate Bill No. 5202 was referred to the Committee on Technology and Communications.
MOTION
At 12:05 p.m., on motion of Senator Sheahan, the Senate adjourned until 10:00 a.m., Monday, January 20, 2003.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate