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TWENTY-THIRD DAY
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NOON SESSION
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Senate Chamber, Olympia, Tuesday, February 4, 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.
REPORTS OF STANDING COMMITTEES
January 31, 2003
SB 5012 Prime Sponsor, Senator Johnson: Authorizing charter schools. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5012 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Johnson, Chair; Zarelli, Vice Chair; Carlson, Finkbeiner and Schmidt.
MINORITY Recommendation: Do not pass substitute. Signed by Senators Eide, McAuliffe and Rasmussen.
Referred to Committee on Ways and Means.
February 3, 2003
SB 5090 Prime Sponsor, Senator Carlson: Determining which fire fighters or law enforcement officers may elect or be elected to certain pension and disability boards. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Brown, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Parlette, Poulsen, Regala, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 3, 2003
SB 5091 Prime Sponsor, Senator Carlson: Making optional plan 3 member contributions. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Brown, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Parlette, Poulsen, Regala, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 3, 2003
SB 5093 Prime Sponsor, Senator Spanel: Allowing members of the teachers' retirement system, the school employees' retirement system, and the public employees' retirement system to begin receiving benefits without leaving service at age seventy and one-half. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Brown, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Poulsen, Regala, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 3, 2003
SB 5094 Prime Sponsor, Senator Carlson: Providing optional service credit for substitute service to members of the school employees' retirement system. Reported by Committee on Ways and Means
MAJORITY recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Brown, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Parlette, Poulsen, Regala, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 3, 2003
SB 5095 Prime Sponsor, Senator Spanel: Allowing a member holding state elective office the option during each term of office of membership or retirement and beginning their retirement allowance in the law enforcement officers' and fire fighters' retirement system, the teachers' retirement system, the school employees' retirement system, and the public employees' retirement system. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Brown, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Poulsen, Regala, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 3, 2003
SB 5096 Prime Sponsor, Senator Regala: Allowing members of the teachers' retirement system plan 1 to use extended school years for calculation of their earnable compensation. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Brown, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Parlette, Poulsen, Regala, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 3, 2003
SB 5100 Prime Sponsor, Senator Fraser: Paying survivor benefits in accordance with Title 26 U.S.C. Sec. 101(h) as amended by the Fallen Hero Survivor Benefit Fairness Act of 2001. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Brown, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Parlette, Poulsen, Regala, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 3, 2003
SB 5345 Prime Sponsor, Senator Haugen: Excluding certain drainage infrastructure from fishway provisions. Reported by Committee on Parks, Fish and Wildlife
MAJORITY Recommendation: That the bill be referred to Committee on Agriculture without recommendation. Signed by Senators Oke, Chair; Sheahan, Vice Chair; Doumit, Esser, Jacobsen, Morton and Swecker.
Referred to Committee on Agriculture.
MESSAGES FROM STATE AGENCIES AND OTHER STATE OFFICES
GRANT COUNTY
OFFICE OF THE COUNTY AUDITOR
WILLIAM L. VARNEY
P.O. Box 37
Ephrata, Washington 98823
January 24, 2003
Milt Doumit
Secretary of the Senate
PO Box 40482
Olympia, WA 98504-0482
RE: Report of the work group created under Substitute Senate Bill No. 6572, passed during the 2002 Legislative Session.
Dear Milt Doumit:
Enclosed is the Report of the findings and recommendations of the work group on conservation district elections that was created under Substitute Senate Bill No. 6572.
Sincerely,
William L. Varney,
Grant County Auditor and Chair of the Work Group
The report on the work group created under Substitute Senate Bill No. 6572, passed during the 2002 Legislative Session, is on file in the Office of the Secretary of the Senate.
The Washington State Auditor’s Office has submitted the following reports, all for the Audit Period July 1, 2001 through June 30, 2002:
AUDIT SUMMARY
Columbia River Gorge Commission
July 1, 2001 through June 30, 2002
ABOUT THE AUDIT
This report contains the results of our independent audit of the Columbia River Gorge Commission for the period of July 1, 2001, through June 30, 2002.
We performed audit procedures to determine whether the Commission complied with state laws and regulations and its own policies and procedures. We also evaluated internal controls established by Commission management. Our work focused on specific areas that have potential for abuse and misuse of public resources.
RESULTS
In the areas we examined, the Commission complied with state laws and regulations and its own policies and procedures. We identified no conditions, which we consider to be significant enough to report as findings. In addition, the Commission has never had a finding.
We also determined that the Commission’s financial statements were complete and accurate.
CLOSING REMARKS
We would like to thank Commission officials and personnel for their assistance and cooperation during the audit.
The State Audit Report on the Columbia River Gorge Commission is on file in the Office of the Secretary of the Senate.
AUDIT SUMMARY
Central Washington University
July 1, 2001 through June 30, 2002
ABOUT THE AUDIT
This report contains the results of our independent audit of Central Washington University for the period July 1, 2001, through June 30, 2002.
We performed audit procedures to determine whether the University complied with state laws and regulations and its own policies and procedures. We also evaluated internal controls established by management. Our work focused on specific areas that have potential for abuse and misuse of public resources.
RESULTS
The University complied with state laws and regulations and its own policies and procedures in the areas examined. However, we did make suggestions for improving internal controls to management.
RELATED REPORTS
The University is included in the State of Washington Comprehensive Annual Financial Report issued by the Office of Financial Management. The results of this audit will be issued in a separate report. The University also prepares a separate report under the guidance of the National Association of College and University Business Officers (NACUBO). We provide a separate opinion for the NACUBO financial statements. Additionally, we will be auditing and rendering separate opinions on the financial statements generated by the University’s Enterprise Accounting Department for the Housing and Food Services Fund and the Athletic Department.
CLOSING REMARKS
We thank University officials and personnel for their assistance and cooperation during the audit.
The State Audit Report on Central Washington University is on file in the Office of the Secretary of the Senate.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
December 10, 2002
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Chris Marr, appointed to a partial term beginning January 1, 2003, and ending September 30, 2003, as a member of the Board of Regents for Washington State University. Mr. Marr’s full term will begin October 31, 2003, and will continue until September 30, 2009.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Higher Education.
MESSAGE FROM THE HOUSE
February 3, 2003
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1120,
SUBSTITUTE HOUSE BILL NO. 1121,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1122,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4003, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
INTRODUCTION AND FIRST READING
SB 5638 by Senators Rasmussen, Sheahan, Haugen, Spanel, Swecker and Doumit
AN ACT Relating to the application of public records laws to state legislative offices; and amending RCW 42.17.020.
Referred to Committee on Government Operations and Elections.
SB 5639 by Senators T. Sheldon, Kastama, Winsley, Doumit, Roach, Hale, Rasmussen and Shin
AN ACT Relating to awarding service credit under the teachers' retirement system plan 1 for military service; and amending RCW 41.32.260.
Referred to Committee on Ways and Means.
SB 5640 by Senators Rasmussen, Swecker and Shin
AN ACT Relating to authorizing a county to exempt certain property used in agriculture from taxation; and amending RCW 84.36.630.
Referred to Committee on Agriculture.
SB 5641 by Senators Benton, Prentice and Winsley (by request of Insurance Commissioner Kreidler)
AN ACT Relating to civil and criminal penalties for the unlawful transaction of insurance or health coverage; amending RCW 48.15.020, 48.17.060, 48.44.015, 48.44.060, 48.46.027, and 48.46.420; adding a new section to chapter 48.15 RCW; adding new sections to chapter 48.17 RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; and prescribing penalties.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5642 by Senators Prentice, Roach, Reardon, Fairley, Esser and Winsley
AN ACT Relating to the residential property seller disclosure statement; and amending RCW 64.06.020.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5643 by Senators Esser, Haugen, Horn, Brandland, Prentice, Swecker and Reardon
AN ACT Relating to digitally printed license plates; amending RCW 46.16.230, 46.16.233, and 46.16.0621; and adding new sections to chapter 46.16 RCW.
Referred to Committee on Highways and Transportation.
SB 5644 by Senators Spanel, B. Sheldon, McAuliffe and Kline
AN ACT Relating to tax incentives for certain multiple-unit dwellings in urban centers; and amending RCW 84.14.010.
Referred to Committee on Land Use and Planning.
SB 5645 by Senators Swecker, Doumit, Finkbeiner, Morton, Prentice, Johnson, Schmidt, Honeyford, and Haugen
AN ACT Relating to implementing the federal permit requirements for municipal separate storm sewer system permits; adding new sections to chapter 90.48 RCW; and creating a new section.
Referred to Committee on Natural Resources, Energy and Water.
SB 5646 by Senators Oke, Poulsen and B. Sheldon
AN ACT Relating to incentives to increase transportation revenues by reforming laws limiting the provision of passenger-only ferry service; amending RCW 47.60.120 and 47.64.090; and creating a new section.
Referred to Committee on Highways and Transportation.
SB 5647 by Senator Oke
AN ACT Relating to the parks and recreation commission; and amending RCW 79A.05.070.
Referred to Committee on Parks, Fish and Wildlife.
SB 5648 by Senators Schmidt, Reardon, Esser, Poulsen, Winsley and Kline
AN ACT Relating to a statewide justice information network; amending RCW 10.98.160; and adding new sections to chapter 10.98 RCW.
Referred to Committee on Judiciary.
SJM 8013 by Senators Fairley, Winsley, Fraser, Jacobsen, Kohl-Welles and Kline
Requesting the reauthorization of Superfund taxes on polluting industries and users of dangerous products.
Referred to Committee on Natural Resources, Energy and Water.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1120 by Representatives Romero, Wallace, Murray, Hatfield, Kessler, Miloscia, Cooper, Simpson, Darneille, Lovick, O'Brien, Veloria, Moeller, Eickmeyer, Hunt, Kenney, Schual-Berke, Fromhold, Conway, Wood, Linville, Berkey, Sullivan, McDermott, Haigh, Rockefeller, McCoy, Upthegrove and Ruderman
Creating a citizen oversight panel to measure performance of the state's transportation system.
Referred to Committee on Highways and Transportation.
SHB 1121 by House Committee on Transportation (originally sponsored by Representatives Wallace, Clibborn, Murray, Romero, Hatfield, Kessler, Miloscia, Cooper, Simpson, Darneille, Lovick, Hunter, O'Brien, Veloria, Moeller, Eickmeyer, Hunt, Kenney, Schual-Berke, Fromhold, Conway, Wood, Linville, Berkey, Sullivan, McDermott, Haigh, Rockefeller, McCoy, Campbell, Upthegrove and Ruderman)
Implementing performance audits of transportation-related agencies.
Referred to Committee on Highways and Transportation.
ESHB 1122 by House Committee on Transportation (originally sponsored by Representatives Morris, Murray, Romero, Hatfield, Kessler, Miloscia, Cooper, Simpson, Darneille, Lovick, Hunter, O'Brien, Veloria, Moeller, Eickmeyer, Hunt, Kenney, Schual-Berke, Fromhold, Conway, Wood, Linville, Berkey, Sullivan, McDermott, Haigh, Rockefeller, McCoy, Upthegrove and Ruderman)
Streamlining transportation governance.
Referred to Committee on Highways and Transportation.
SHJM 4003 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Wallace, Morris, Kenney, Conway, Eickmeyer, Linville and Wood)
Requesting increased borrowing authority for the Bonneville Power Administration.
Referred to Committee on Natural Resources, Energy and Water.
MOTION
On motion of Senator Sheahan, the following resolution was adopted:
SENATE RESOLUTION 8615
By Senators Esser, Eide, Franklin, Fraser, Hale, Horn, McCaslin, Sheahan, B. Sheldon, Johnson, Doumit, Kohl-Welles, Schmidt and Deccio
WHEREAS, There are two hundred local Chambers of Commerce in the state of Washington representing approximately 54,000 small businesses which, in turn, employ over 2,800,000 citizens; and
WHEREAS, Washington State Chambers raise over $25,000,000 annually for local community enrichment projects, involving more than 14,000 volunteers who give generously of their time and talent; and
WHEREAS, Washington State Chambers managed in excess of 3,000,000 visitor and relocation inquiries last year, and at the same time served over 30,000 businesses seeking information about locating their companies in our state; and
WHEREAS, During 2002, approximately two hundred-fifty new businesses opened their doors in Washington, assisted by their local Chamber of Commerce, creating more than 5,000 new jobs for our citizens; and
WHEREAS, Chambers of Commerce across Washington State have served their local communities with distinction, dedication and dignity, enhancing the state's economy and improving the quality of life for its citizens;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate officially recognize the invaluable work local Chambers of Commerce provide both the economy and the citizens of this state; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the United States Chamber of Commerce in Washington D.C.
Senators Sheahan and Betti Sheldon spoke to Senate Resolution 8615.
MOTION
At 12:06 p.m., on motion of Senator Sheahan, the Senate adjourned until 10:00 a.m., Wednesday, February 5, 2003.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate