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ONE HUNDRED-SECOND DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, April 24, 2003
The Senate was called to order at 10:00 a.m. 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.
MESSAGE FROM THE HOUSE
April 23, 2003
MR PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1081,
SUBSTITUTE HOUSE BILL NO. 1211,
SUBSTITUTE HOUSE BILL NO. 1219,
SECOND SUBSTITUTE HOUSE BILL NO. 1240,
HOUSE BILL NO. 1444,
SUBSTITUTE HOUSE BILL NO. 1455,
SUBSTITUTE HOUSE BILL NO. 1470,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524,
SECOND SUBSTITUTE HOUSE BILL NO. 1725,
SECOND SUBSTITUTE HOUSE BILL NO. 1784.
CYNTHIA ZEHNDER, Chief Clerk
MESSAGE FROM THE HOUSE
April 23, 2003
MR PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1076,
SUBSTITUTE HOUSE BILL NO. 1113,
SUBSTITUTE HOUSE BILL NO. 1250,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1640,
SECOND SUBSTITUTE HOUSE BILL NO. 1698,
HOUSE BILL NO. 1905,
SECOND SUBSTITUTE HOUSE BILL NO. 1973,
SUBSTITUTE HOUSE BILL NO. 2111, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MESSAGE FROM THE HOUSE
April 23, 2003
MR PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1036,
SUBSTITUTE HOUSE BILL NO. 1058,
SUBSTITUTE HOUSE BILL NO. 1074,
SUBSTITUTE HOUSE BILL NO. 1075,
HOUSE BILL NO. 1088,
SECOND SUBSTITUTE HOUSE BILL NO. 1095,
HOUSE BILL NO. 1102,
SUBSTITUTE HOUSE BILL NO. 1127,
SUBSTITUTE HOUSE BILL NO. 1128,
SUBSTITUTE HOUSE BILL NO. 1136,
HOUSE BILL NO. 1144,
SUBSTITUTE HOUSE BILL NO. 1189,
HOUSE BILL NO. 1207,
HOUSE BILL NO. 1289,
HOUSE BILL NO. 1379,
HOUSE BILL NO. 1391,
ENGROSSED HOUSE BILL NO. 1403,
HOUSE BILL NO. 1519,
SUBSTITUTE HOUSE BILL NO. 1597,
HOUSE BILL NO. 1753,
SUBSTITUTE HOUSE BILL NO. 1805,
SUBSTITUTE HOUSE BILL NO. 1813,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1845,
SUBSTITUTE HOUSE BILL NO. 1854,
SUBSTITUTE HOUSE BILL NO. 1855,
HOUSE BILL NO. 1878,
SECOND SUBSTITUTE HOUSE BILL NO. 1887,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1904,
SUBSTITUTE HOUSE BILL NO. 1909,
HOUSE BILL NO. 1937,
HOUSE BILL NO. 1993,
SUBSTITUTE HOUSE BILL NO. 2007,
SECOND SUBSTITUTE HOUSE BILL NO. 2012,
SUBSTITUTE HOUSE BILL NO. 2027,
HOUSE BILL NO. 2063,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2076,
SUBSTITUTE HOUSE BILL NO. 2202,
HOUSE JOINT MEMORIAL NO. 4014, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MESSAGE FROM THE HOUSE
April 23, 2003
MR PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1009,
ENGROSSED HOUSE BILL NO. 1010,
SUBSTITUTE HOUSE BILL NO. 1059,
HOUSE BILL NO. 1073,
HOUSE BILL NO. 1084,
HOUSE BILL NO. 1106,
SUBSTITUTE HOUSE BILL NO. 1202,
HOUSE BILL NO. 1205,
HOUSE BILL NO. 1246,
SUBSTITUTE HOUSE BILL NO. 1269,
HOUSE BILL NO. 1292,
HOUSE BILL NO. 1352,
SUBSTITUTE HOUSE BILL NO. 1409,
HOUSE BILL NO. 1420,
HOUSE BILL NO. 1430,
SUBSTITUTE HOUSE BILL NO. 1512,
ENGROSSED HOUSE BILL NO. 1561,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1592,
SUBSTITUTE HOUSE BILL NO. 1605,
SUBSTITUTE HOUSE BILL NO. 1609,
SUBSTITUTE HOUSE BILL NO. 1619,
SUBSTITUTE HOUSE BILL NO. 1624,
HOUSE BILL NO. 1635,
ENGROSSED HOUSE BILL NO. 1726,
HOUSE BILL NO. 1882, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
SIGNED BY THE PRESIDENT
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1076,
SUBSTITUTE HOUSE BILL NO. 1113,
SUBSTITUTE HOUSE BILL NO. 1250,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1640,
SECOND SUBSTITUTE HOUSE BILL NO. 1698,
HOUSE BILL NO. 1905,
SECOND SUBSTITUTE HOUSE BILL NO. 1973,
SUBSTITUTE HOUSE BILL NO. 2111.
SIGNED BY THE PRESIDENT
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1036,
SUBSTITUTE HOUSE BILL NO. 1058,
SUBSTITUTE HOUSE BILL NO. 1074,
SUBSTITUTE HOUSE BILL NO. 1075,
HOUSE BILL NO. 1088,
SECOND SUBSTITUTE HOUSE BILL NO. 1095,
HOUSE BILL NO. 1102,
SUBSTITUTE HOUSE BILL NO. 1127,
SUBSTITUTE HOUSE BILL NO. 1128,
SUBSTITUTE HOUSE BILL NO. 1136,
HOUSE BILL NO. 1144,
SUBSTITUTE HOUSE BILL NO. 1189,
HOUSE BILL NO. 1207,
HOUSE BILL NO. 1289,
HOUSE BILL NO. 1379,
HOUSE BILL NO. 1391,
ENGROSSED HOUSE BILL NO. 1403,
HOUSE BILL NO. 1519,
SUBSTITUTE HOUSE BILL NO. 1597,
HOUSE BILL NO. 1753,
SUBSTITUTE HOUSE BILL NO. 1805,
SUBSTITUTE HOUSE BILL NO. 1813,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1845,
SUBSTITUTE HOUSE BILL NO. 1854,
SUBSTITUTE HOUSE BILL NO. 1855,
HOUSE BILL NO. 1878,
SECOND SUBSTITUTE HOUSE BILL NO. 1887,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1904,
SUBSTITUTE HOUSE BILL NO. 1909,
HOUSE BILL NO. 1937,
HOUSE BILL NO. 1993,
SUBSTITUTE HOUSE BILL NO. 2007,
SECOND SUBSTITUTE HOUSE BILL NO. 2012,
SUBSTITUTE HOUSE BILL NO. 2027,
HOUSE BILL NO. 2063,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2076,
SUBSTITUTE HOUSE BILL NO. 2202,
HOUSE JOINT MEMORIAL NO. 4014.
SIGNED BY THE PRESIDENT
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1009,
ENGROSSED HOUSE BILL NO. 1010,
SUBSTITUTE HOUSE BILL NO. 1059,
HOUSE BILL NO. 1073,
HOUSE BILL NO. 1084,
HOUSE BILL NO. 1106,
SUBSTITUTE HOUSE BILL NO. 1202,
HOUSE BILL NO. 1205,
HOUSE BILL NO. 1246,
SUBSTITUTE HOUSE BILL NO. 1269,
HOUSE BILL NO. 1292,
HOUSE BILL NO. 1352,
SUBSTITUTE HOUSE BILL NO. 1409,
HOUSE BILL NO. 1420,
HOUSE BILL NO. 1430,
SUBSTITUTE HOUSE BILL NO. 1512,
ENGROSSED HOUSE BILL NO. 1561,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1592,
SUBSTITUTE HOUSE BILL NO. 1605,
SUBSTITUTE HOUSE BILL NO. 1609,
SUBSTITUTE HOUSE BILL NO. 1619,
SUBSTITUTE HOUSE BILL NO. 1624,
HOUSE BILL NO. 1635,
ENGROSSED HOUSE BILL NO. 1726,
HOUSE BILL NO. 1882.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5135,
SUBSTITUTE SENATE BILL NO. 5144,
SENATE BILL NO. 5156,
SUBSTITUTE SENATE BILL NO. 5248,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5713,
SUBSTITUTE SENATE BILL NO. 5787,
SENATE BILL NO. 5935.
MOTION
On motion of Senator Mulliken, the following resolution was adopted:
SENATE RESOLUTION 8664
By Senators Mulliken, Parlette, Fraser and Sheahan
WHEREAS, The men and women of the Washington Army National Guard's 1161st Transportation Company continue to serve the country as Guardians of American interests at home and abroad; and
WHEREAS, These recognized leaders in state, regional, and national preparedness, who reside in Ephrata, Washington, and elsewhere across the state, volunteer their time and personal efforts to serve the needs of the people of Washington State; and
WHEREAS, The Washington Army National Guard's 1161st Transportation Company continues to be prepared to answer the state's call in response to floods, fires, civil disturbances, and all other natural or manmade emergencies and disasters; and
WHEREAS, The Washington Army National Guard's 1161st Transportation Company has provided additional security at our state's airports, at our international borders, and at numerous locations across the globe in protection of our state and nation in answer to the war on terrorism and response to the horrific terrorist attacks on our nation on September 11, 2001; and
WHEREAS, The Washington Army National Guard's 1161st Transportation Company continues its promoting of positive lifestyles and activities for Washington's youth through involvement and support in highly effective programs with school aged children and community based organizations; and
WHEREAS, The Washington Army National Guard's 1161st Transportation Company continues an active participation in the state's counterdrug efforts by providing soldiers, airmen, and specialized equipment in support of many local, state, and federal law enforcement agencies; and
WHEREAS, Select members of the Washington Army National Guard's 1161st Transportation Company are now called upon to serve in critical missions supporting the nation in the war on terrorism with dedication, valor, and courage, and at great personal risk and sacrifice;
NOW, THEREFORE, BE IT RESOLVED, That the Senate express its thanks and appreciation to the devoted families and dedicated employers of our Washington Army National Guard's 1161st Transportation Company soldiers for their support without which the 1161st Transportation Company missions could not be successful; and
BE IT FURTHER RESOLVED, That the Senate specifically and particularly recognize the value and dedication of a strong Washington Army National Guard's 1161st Transportation Company to the viability, economy, safety, security, and well-being of this state. This also includes the outstanding performance of its state emergency and disaster relief mission, and the continued benefit to local communities by the presence of productively employed, drug-free, and well-equipped and trained Guard units and the readiness center/armories that house them; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Commanding officer of the 1161st Transportation Company, The Adjutant General of the Washington National Guard, the Governor of the state of Washington, the Secretaries of the Army and Air Force, and the President of the United States.
Senators Mulliken, Fraser and the President spoke to Senate Resolution 8664.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the men and women of the Washington Army National Guard’s 1161st Transportation Company who were seated in the back of the Chamber.
MOTION
At 10:12 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.
The Senate was called to order at 10:24 a.m. by President Owen.
MOTION
On motion of Senator Sheahan, the following resolution was adopted:
SENATE RESOLUTION 8671
By Senators Thibaudeau, Deccio, Winsley, Swecker, Fraser, Keiser, McCaslin and Franklin
WHEREAS, The Western Institutional Review Board (WIRB) is an impartial review panel that safeguards the rights and welfare of human research subjects, ensuring risks are both minimized and disclosed fairly to study participants; and
WHEREAS, WIRB, an ethical review board for clinical research studies, reviews federally regulated and industry-sponsored research for both large and small institutions in every medical discipline; and
WHEREAS, Founded in 1968 by Dr. Angela Bowen and headquartered in Olympia, Washington, WIRB is the oldest and most experienced independent institutional review board in America, providing research services for more than 10,000 investigators in more than thirty countries and in all fifty states; and
WHEREAS, The Association for the Accreditation of Human Research Protection Programs Inc. (AAHRPP) is a nonprofit organization offering accreditation to institutions engaged in research involving human participants; and
WHEREAS, WIRB has received accreditation by AAHRPP, thereby establishing a "gold seal," signifying adherence to rigorous standards for human protection, ensuring consistency and uniformity among all institutions conducting biomedical, behavioral, and social sciences research; and
WHEREAS, WIRB strives to ensure that risks of scientific advancement never outweigh the value of human life, follow tradition while embracing new technologies and practices, maintain ethical conduct and regulatory compliance, and honor and respect all persons; and
WHEREAS, WIRB provides continuing education for investigators of medical research in governing regulations, drug development process, and ethical, regulatory, legal, and human-subject protection responsibilities;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the Western Institutional Review Board as a leader in clinical research reviews that makes every effort to protect all research parties from any conflicts of interest; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Western Institutional Review Board President Angela J. Bowen, M.D., Senior Vice President Ron Warren, and William C. Jacobs, Chairman.
MOTION
On motion of Senator Sheahan, the following resolution was adopted:
SENATE RESOLUTION 8674
By Senator Horn
WHEREAS, It is the policy of the Legislature to honor excellence in every field of endeavor; and
WHEREAS, The Mercer Island High School Girls’ Water Polo Team won their fifth consecutive Washington State Water Polo Championship in 2002, having won their five tournament games by an average score of fourteen to four; and
WHEREAS, The 2002 Mercer Island High School Girls’ Water Polo Championship Team Members were Caity Connolly, Kate Barach, Whitney Benz, Julie Chung, Blaire Wyatt, Christina Wensman, Krissy Orkney, Rendy Lynn Opdycke, Brie Richmond, Ashley Massmann, and Jesse Riebe; and
WHEREAS, The Mercer Island Water Polo Players have exemplified to their classmates the success that is possible when clear goals are established and when persistent effort is made toward those goals;
NOW, THEREFORE, BE IT RESOLVED, That the Senate honor and congratulate the Mercer Island High School Girls’ Water Polo Team for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and
BE IT FURTHER RESOLVED, That Head Coach Jeff Lowell and Assistant Coach Eric Bartleson be recognized for their dedication, sacrifice, and leadership; and
BE IT FURTHER RESOLVED, That Christina Wensman be recognized for being named the Washington State Tournament MVP; and
BE IT FURTHER RESOLVED, That Ashley Massmann be recognized for being named the Washington State Tournament Defensive MVP; and
BE IT FURTHER RESOLVED, That Christina Wensman and Ashley Massmann be recognized for being named to the All Tournament First Team; and
BE IT FURTHER RESOLVED, That Rendy Lynn Opdycke be recognized for being named to the All Tournament Second Team; and
BE IT FURTHER RESOLVED, That Whitney Benz and Caity Connolly be recognized for being named to the All Tournament Third Team; and
BE IT FURTHER RESOLVED, That the teachers, classmates, and parents of the team members be recognized for the important part they played in helping these student athletes excel; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Mercer Island High School Principal, Athletic Director, and to each of the coaches and members of the Mercer Island High School 2002 Girls’ Varsity Water Polo Team.
MOTION
On motion of Senator Sheahan, the following resolution was adopted:
SENATE RESOLUTION 8675
By Senator Horn
WHEREAS, It is the policy of the legislature to honor excellence in every field of endeavor; and
WHEREAS, The Mercer Island High School Boys’ Water Polo Team won the 2002 Washington State Water Polo Championship, having outscored their opponents one hundred forty-two to thirty-four in five tournament games; and
WHEREAS, The 2002 Mercer Island High School Boys’ Water Polo Championship Team Members were John Jacobson, Tony Rona, John Wensman, Alex Strand, Davey Wes, Greg Trowbridge, Adam Massmann, Kevin Smith, Colin Sterling, Mike Smith-Bronstein, Mike Sturgis, Bill Gorin, David Myre, and Ben Easton; and
WHEREAS, The Mercer Island Water Polo Players have exemplified to their classmates the success that is possible when clear goals are established and when persistent effort is made toward those goals;
NOW, THEREFORE, BE IT RESOLVED, That the Senate honor and congratulate the Mercer Island High School Boys’ Water Polo Team for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and
BE IT FURTHER RESOLVED, That Head Coach Tim Reed and Assistant Coach John Riess be recognized for their dedication, sacrifice, and leadership; and
BE IT FURTHER RESOLVED, That Mike Sturgis be recognized for being named the Washington State Tournament MVP; and
BE IT FURTHER RESOLVED, That Tony Rona, Mike Sturgis, and Ben Easton be recognized for being named to the All Tournament First Team; and
BE IT FURTHER RESOLVED, That Davey Wes and Alex Strand be recognized for being named to the All Tournament Second Team; and
BE IT FURTHER RESOLVED, That David Myre and Kevin Smith be recognized for being named to the All Tournament Third Team; and
BE IT FURTHER RESOLVED, That Coach Tim Reed be recognized for being named the Washington State High School Coach of the Year; and
BE IT FURTHER RESOLVED, That the teachers, classmates, and parents of the team members be recognized for the important part they played in helping these student athletes excel; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Mercer Island High School Principal, Athletic Director, and to each of the coaches and members of the Mercer Island High School 2002 Boys’ Varsity Water Polo Team.
MOTION
On motion of Senator Sheahan, the following resolution was adopted:
SENATE RESOLUTION 8673
By Senators Eide and Fraser
WHEREAS, The Washington State Legislature values and encourages excellence in all fields of endeavor; and
WHEREAS, Participation in athletics inspires students to develop attitudes and skills necessary for scholastic and life success, such as perseverance, teamwork, and sportsmanship; and
WHEREAS, Ten high school seniors have been chosen as the top female gymnasts from Washington State; and
WHEREAS, These gymnasts, Mickey McNeel of Mountain View High School, Liz Giles of Issaquah High School, Kelly Miller of Decatur High School, Holly Baeder of Kentridge High School, Robin Luedke of Federal Way High School, Helen Wong of Sammamish High School, Kacie Long of Columbia River High School, Kolbie Pearsall and Valorie Darling of Lewis and Clark High School, and Amy Aspenleiter of North Central High School, have each excelled throughout their gymnastic careers and have proven their dedication and commitment to their sport; and
WHEREAS, The countless hours of training and the outstanding commitment to gymnastics have culminated in these ten gymnasts representing our great state; and
WHEREAS, Under the coaching and supervision of Bob Fenton, Jan Urfer, and Karen McQuiston, the team will compete at the National High School Gymnastics Championships on May 23, 2003, in Las Vegas, Nevada;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and honor the 2003 Washington State Gymnastics team and Coaches for their outstanding accomplishments and hard work and wish them good luck and continued success at the National High School Gymnastics Championships in Las Vegas, Nevada, on May 24, 2003; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Coach Bob Fenton, Jan Urfer, Karen McQuiston, and the members of the 2003 Washington State Gymnastics Team.
MOTION
On motion of Senator Sheahan, the following resolution was adopted:
SENATE RESOLUTION 8677
By Senators Hewitt and Fraser
WHEREAS, April 2003 is designated Math Awareness Month in the United States of America; and
WHEREAS, This nationally celebrated event is sponsored by great institutions like the American Mathematical Society, the Mathematical Association of America, and the Society for Industrial and Applied Mathematics; and
WHEREAS, The connection between mathematics and art goes back thousands of years; and
WHEREAS, The ancient Greeks and Romans used mathematics in sculptures and to aesthetically design buildings; and
WHEREAS, In the 15th century, Leonardo da Vinci wrote, "Let no one read me who is not a mathematician"; and
WHEREAS, In the 16th century, Durer employed mathematics to introduce perspective in drawings; and
WHEREAS, In the 18th and 19th centuries, mathematics was extensively used in the design of Gothic cathedrals, Rose windows, mosaics, and tiles; and
WHEREAS, In the 20th century, geometric forms were fundamental to the cubists and many abstract expressionists;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington encourage all residents to celebrate Math Awareness Month, April of 2003; and
BE IT FURTHER RESOLVED, That schools, teachers, and families will continue to teach children the fundamentals of mathematics; and
BE IT FURTHER RESOLVED, That this resolution be dedicated to the memory of those who have taught and used mathematics for the benefit of others; and
BE IT FURTHER RESOLVED, That a copy of the resolution be immediately transmitted to Columbia Basin College for its strong support of mathematics.
MOTION
On motion of Senator Sheahan, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 23, 2003
MR. PRESIDENT:
The House receded from its amendment to SENATE BILL NO. 5410 and passed the bill without the House amendment, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5410.
MOTION
At 10:27 a.m., on motion of Senator Sheahan, the Senate adjourned until 10:00 a.m., Friday, April 25, 2003.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate