SJ 03X 003

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THIRD DAY, FIRST SPECIAL SESSION

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NOON SESSION

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Senate Chamber, Olympia, Wednesday, May 14, 2003

The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.

MOTION

On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT

April 15, 2003

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.

Connie Niva, to be appointed June 2, 2003, for a term ending September 30, 2008, as a member of the Board of Regents for Washington State University.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Higher Education.

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 bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objections to the sections or items of the bill, as required by Article III, section 12, of the Washington State Constitution.

SENATE BILL NO. 5959

IN TESTIMONY WHEREOF, I have hereunto

set my hand and affixed the seal of the state of

Washington this 13th day of May, 2003.

Seal SAM REED

Secretary of State

MESSAGE FROM THE GOVERNOR

May 9, 2003

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

I am returning herewith, without my approval as to Section 1, Senate Bill No. 5959, entitled:

“AN ACT Relating to allowing approaches to partially controlled limited access highways for the deployment of personal wireless facilities”

This bill establishes procedures for the Department of Transportation to permit wireless telecommunications facilities to be located along partially controlled limited access highways. This is important legislation that will help expand telecommunications services to underserved areas in our state and promote economic development.

However, section 1 of this bill would have amended RCW 47.52.001, which is a declaration of state policy to limit access to the highway facilities of the state in the interest of highway safety and for the preservation of the investment of the public in such facilities. The amendment would have created an inflexible exception to this longstanding policy by stating that personal wireless facilities “shall be permitted” along partially controlled limited access highways, apparently without qualification. Insofar as this section can be read to suggest that deployment of personal wireless facilities is inconsistent with the state’s interest in highway safety, and that telecommunications deployment should take precedence over it, I am compelled to veto it.

I agree with the Legislature that personal wireless service is a critical part of the state’s infrastructure, and I believe that Department of Transportation policy should acknowledge this. However, state policy should also ensure that telecommunications deployment be achieved along state highways without adversely affecting highway safety. For this reason, I believe the current language in RCW 47.52.001, which “limits” but by no means prohibits access to public highways, is the better statement of policy than that contained in section 1.

For these reasons, I have vetoed sections Section 1 of Senate Bill No. 5959.

With the exception of section 1, Senate Bill No. 5959 is approved.

Respectfully submitted,

GARY LOCKE, Governor

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:

ENGROSSED SUBSTITUTE SENATE BILL No. 5977

IN TESTIMONY WHEREOF, I have hereunto

set my hand and affixed the seal of the state of

Washington this 13th day of May, 2003.

Seal SAM REED

Secretary of State

MESSAGE FROM THE GOVERNOR

May 12, 2003

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

I am returning herewith, without my approval as to sections 1 and 4, Engrossed Substitute Senate Bill No. 5977 entitled:

"AN ACT Relating to the use of state highway rights of way for the deployment of personal wireless service facilities"

This bill establishes procedures for the Department of Transportation to permit siting of wireless telecommunications facilities within state highway rights of way. This is important legislation that will help expand telecommunications services in our state and promote economic development.

Section 4 of this bill would have amended RCW 47.52.001, which is a declaration of state policy to limit access to the highway facilities of the state in the interest of highway safety and for the preservation of the investment of the public in such facilities. The amendment would have created an exception to this longstanding policy by stating that the use of rights of way of limited access facilities “must be permitted” for the deployment of personal wireless facilities, apparently without qualification. Section 1 contains intent language that is largely the same as that contained in section 4. Because these sections can be read to suggest that deployment of personal wireless facilities is inconsistent with the state’s interest in highway safety, and that telecommunications deployment should take precedence over it, I am compelled to veto them.

For these reasons, I have vetoed sections 1 and 4 of Engrossed Substitute Senate Bill No. 5977.

With the exception of sections 1 and 4, Engrossed Substitute Senate Bill No. 5977 is approved.

Respectfully submitted,

GARY LOCKE, Governor

MOTION

On motion of Senator Betti Sheldon, the Governor’s Messages on the Partial Veto of Senate Bill No. 5959 and Engrossed Substitute Senate Bill No. 5977 were held at the desk.

MOTION

On motion of Senator Betti Sheldon, the following resolution was adopted:

SENATE RESOLUTION 8682

By Senator Honeyford

WHEREAS, In 1903, two brothers, Milton and Thomas Harlan, started a newspaper in White Salmon, with Milton as owner and publisher, and Thomas as editor and manager; and

WHEREAS, The Harlan brothers called their newspaper The White Salmon Enterprise; and

WHEREAS, The very first issue of The Enterprise was dated May 8, 1903; and

WHEREAS, The earliest issues of The Enterprise were published in a ten foot by twelve foot office behind the present newspaper office location on Jewett Avenue in White Salmon; and

WHEREAS, Those earliest issues were printed on a 20-horsepower army press, soon to be replaced by a new Vaughan Ideal eight-column cylinder printing press; and

WHEREAS, After serving one and one-half years as editor of The Enterprise, Thomas sold the newspaper to Ai Harry Jewett, a longtime resident of the area; and

WHEREAS, The Enterprise survived the Great Depression of the 1930s, even though many other businesses closed their doors for good during this time; and

WHEREAS, The Enterprise to this day provides local news for the people living in and near White Salmon and Bingen;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby congratulate The Enterprise on its One-Hundredth Birthday and pay tribute to all of the publishers, editors, reporters, and office staffers who have so ably served this newspaper over the past one-hundred years.

MOTION

At 12:02 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Friday, May 16, 2003.

BRAD OWEN, President of the Senate

MILTON H. DOUMIT, Jr., Secretary of the Senate