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FIRST DAY, SECOND SPECIAL SESSION

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MORNING SESSION

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Senate Chamber, Olympia, Tuesday, June 11, 2003

      The Senate of the 2003 Second Special Session of the Fifty-eighth Legislature of the state of Washington was called to order at 12:58 a.m. by Lieutenant Governor Brad Owen, President of the Senate. The Secretary called the roll and announced to the President that all Senators were present except Senators Deccio, Fairley, Hargrove, McCaslin, Poulsen, Reardon, Shin, Thibaudeau and West. On motion of Senator Eide, Senators Fairley, Hargrove, Poulsen, Reardon, Shin and Thibaudeau were excused. On motion of Senator Hewitt, Senators Deccio, McCaslin and West were excused.

PROCLAMATION BY THE GOVERNOR

      WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the Legislature adjourned its 2003 special session on June 10, 2003, the 30^th day of the first special session; and

      WHEREAS, substantial work needs to be completed with respect to unemployment compensation reform, workers’ compensation reform, tax incentives for the aerospace industry, and education;

                          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 in Olympia, immediately upon sine die of the 1^st special session, on Wednesday, June 11, 2003 for no more than one day 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 11th day

                                                       of June, A.D., two thousand and three.

GARY LOCKE

      SEAL                                                                                                                                                                       Governor of Washington

BY THE GOVERNOR:

SAM REED

Secretary of State

INTRODUCTION AND FIRST READING

SCR 8414          by Senators Sheahan, Finkbeiner and Betti Sheldon

                           Specifying the status of bills, memorials and resolutions for the 2003 second special session of the fifty-eight legislature.

MOTION

      On motion of Senator Sheahan, the rules were suspended, Senate Concurrent Resolution No. 8414 was advanced to second reading and placed on the second reading calendar.

SECOND READING

      SENATE CONCURRENT RESOLUTION NO. 8414, by Senators Sheahan, Finkbeiner and Betti Sheldon

      Specifying the status of bills, memorials and resolutions for the 2003 second special session of the fifty-eighth legislature. 

      The concurrent resolution was read the second time.

SENATE CONCURRENT RESOLUTION NO. 8414

      WHEREAS, Bills, joint resolutions, joint memorials, and concurrent resolutions introduced at the 2003 regular and 1st special sessions of the Fifty-eighth Legislature may require that they be considered at the 2003 second special session of the Fifty-eighth Legislature; and

      WHEREAS, The public interest requires that the business of the 2003 second special session of the Fifty-eighth Legislature be considered and acted upon as efficiently and expeditiously as possible;

      NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That all bills, joint resolutions, joint memorials, and concurrent resolutions introduced in the 2003 regular and 1st special sessions of the Fifty-eighth Legislature are reintroduced in the house in which they originated and shall retain the same number and be given the highest legislative status that they attained in the original house as shown by the official Senate and House dockets upon the adjournment SINE DIE of the 1st special session.

MOTION

      On motion of Senator Sheahan, the rules were suspended, Senate Concurrent Resolution No. 8414 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8414.

      SENATE CONCURRENT RESOLUTION NO. 8414, was adopted by voice vote.

MOTION

      On motion of Senator Sheahan, Senate Concurrent Resolution No. 8414 was ordered to be immediately transmitted to the House of Representatives.

      EDITOR’S NOTE: Pursuant to Senate Concurrent Resolution No. 8414, the following bills were placed on the Third Reading Calendar:

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5012

SENATE BILL NO. 5271

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5364

ENGROSSED SUBSTITUTE SENATE BILL NO. 5982

ENGROSSED SENATE BILL NO. 6084

ENGROSSED SENATE BILL NO. 6094

ENGROSSED SUBSTITUTE SENATE BILL NO. 6097

      At 1:12 a.m., the President declared the Senate to be at ease.

      The Senate was called to order at 1:21 a.m. by President Owen.

MOTION

      On motion of Senator Sheahan, the Senate advanced to the seventh order of business.

THIRD READING

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6097, by Senators Honeyford and Mulliken

      Revising the unemployment compensation system. 

MOTION

      On motion of Senator Sheahan, the rules were suspended, Senate Bill No. 6097 was returned to second reading and read the second time.

MOTION

      Senator Honeyford moved that the following amendments, under suspension of the rules, be considered simultaneously and be adopted:

       On page 13, beginning on line 23, strike all of section 12 and insert the following:

       "NEW SECTION. Sec. 12. A new section is added to chapter 50.20 RCW to read as follows:

       (1) With respect to claims that have an effective date on or after January 2, 2005, an otherwise eligible individual may not be denied benefits for any week because the individual is a part-time worker and is available for, seeks, applies for, or accepts only work of seventeen or fewer hours per week by reason of the application of RCW 50.20.010(1)(c), 50.20.080, or 50.22.020(1) relating to availability for work and active search for work, or failure to apply for or refusal to accept suitable work.

       (2) For purposes of this section, "part-time worker" means an individual who: (a) Earned wages in "employment" in at least forty weeks in the individual's base year; and (b) did not earn wages in "employment" in more than seventeen hours per week in any weeks in the individual's base year."

       On page 16, line 21, after "(3)" strike all material through "(4)" on line 26

       On page 16, line 28, after "is for" strike "twenty" and insert "seventeen"

        On page 16, at the beginning of line 29, strike "(5)" and insert "(4)"

       On page 16, beginning on line 35, strike all of section 14

       Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title.

       On page 24, line 33, after "percent" insert "or, for employers whose standard industrial classification code is within major group "01," "02," "07," "091," "203," "209," or "5148," or the equivalent code in the North American industry classification system code, may not exceed six percent"

       On page 35, beginning on line 29, strike all of subsection (d)

       On page 36, beginning on line 28, strike all of subsection (f)

      Debate ensued.

POINT OF INQUIRY

      Senator Keiser: “Senator Honeyford, I am a little confused about the second portion of Section 12. Was it the intent that it means a ‘part-time worker’ should be working at least seventeen hours a week or is the intent that a ‘part-time worker’ should work no more than seventeen hours a week?”

      Senator Honeyford: “Senator, that is a very good question. I believe it defines those temporary workers who are working no more than seventeen hours a week.”

      Senator Keiser: “I would like to take a closer look to that particular issue. I don’t think we are quite in total agreement on that, because it does seem that it would be eliminating the vast, vast majority of part-time workers, if you limited any availability to those who work seventeen hours or less a week for forty weeks.”

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Honeyford on page 13, line 23; page 16, lines 21, 28, 29 and 35; page 24, line 33; page 35, line 29; and page 36, line 28,under suspension of the rules, to Senate Bill No. 6097.

      The motion by Senator Honeyford carried and the amendments were adopted.

MOTION

      Senator Brown moved that the following amendment, under suspension of the rules, be adopted:

       On page 7, line 8, beginning with "(A)" strike everything through "move" on line 13 and insert the following: "has left work to relocate for the spouse's employment that is due to an employer-initiated mandatory transfer that is outside the existing labor market area if the claimant remained employed as long as was reasonable prior to the move"

      Debate ensued.

      Senator Betti Sheldon demanded a roll call and the demand was sustained.

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Brown on page 7, line 8, to Senate Bill No. 6097.

ROLL CALL

      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 13; Nays, 27; Absent, 0; Excused, 9.

     Voting yea: Senators Brown, Doumit, Eide, Franklin, Fraser, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B. and Spanel - 13.

     Voting nay: Senators Benton, Brandland, Carlson, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Morton, Mulliken, Oke, Parlette, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 27.

     Excused: Senators Deccio, Fairley, Hargrove, McCaslin, Poulsen, Reardon, Shin, Thibaudeau and West - 9.

MOTION

      On motion of Senator Honeyford, the rules were suspended, Second Engrossed Senate Bill No. 6097, under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Senate Bill No. 6097, under suspension of the rules.

ROLL CALL

      The Secretary called the roll on the final passage of Second Engrossed Senate Bill No. 6097, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 9; Absent, 0; Excused, 9.

     Voting yea: Senators Benton, Brandland, Carlson, Doumit, Eide, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 31.

     Voting nay: Senators Brown, Franklin, Fraser, Keiser, Kline, Kohl-Welles, Regala, Sheldon, B. and Spanel - 9.

     Excused: Senators Deccio, Fairley, Hargrove, McCaslin, Poulsen, Reardon, Shin, Thibaudeau and West - 9.

      SECOND ENGROSSED SENATE BILL NO. 6097, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Sheahan, Second Engrossed Senate Bill No. 6097 was ordered to be immediately transmitted to the House of Representatives.

      At 1:39 a.m., the President declared the Senate to be at ease.

      The Senate was called to order at 1:55 a.m. by President Owen.

MOTION

      On motion of Senator Eide, Senator Haugen was excused.

PERSONAL PRIVILEGE

      Senator Hewitt: “A point of personal privilege, Mr. President. You might have noticed that Senator West was here tonight. He made a gallant effort to get on an airplane and come over here and give us some very good votes tonight. You may disagree on whether they were good or not, but he was here. He is very sick, but he that; he had to leave because he was not feeling well. I asked Senator Jacobsen if he would give us his vote for Senator West and he agreed. We think that is a tremendous, tremendous gesture and we want to sincerely say, ‘Thank you very much.”

MOTION

      On motion of Senator Sheahan, the Senate advanced to the seventh order of business.

THIRD READING

      SENATE BILL NO. 5271, by Senators Honeyford, Hewitt and Parlette (by request of Department of Labor and Industries)

      Regarding industrial insurance hearing loss claims.

      The bill was read the third time.

      Senator Honeyford spoke to Senate Bill No. 5271.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5271.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5271 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 9; Absent, 0; Excused, 9.

     Voting yea: Senators Benton, Brandland, Carlson, Doumit, Eide, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 31.

     Voting nay: Senators Brown, Franklin, Fraser, Keiser, Kline, Kohl-Welles, Regala, Sheldon, B. and Spanel - 9.

     Excused: Senators Deccio, Fairley, Hargrove, McCaslin, Poulsen, Reardon, Shin, Thibaudeau and West - 9.

      SENATE BILL NO. 5271, having received the constitutional majority, was declared passed. There being no objection, the title will stand as the title of the act.

MOTION

      On motion of Senator Sheahan, Senate Bill No. 5271 was ordered to be immediately transmitted to the House of Representatives.

      At 2:00 a.m., the President declared the Senate to be at ease.

      The Senate was called to order at 4:29 a.m. by President Owen.

MOTION

      On motion of Senator Sheahan, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

June 11, 2002

MR. PRESIDENT:

      Under suspension of the rules, SECOND SUBSTITUTE SENATE BILL NO. 6097 was returned to second reading for an amendment.

The House passed the bill with the following amendment:

       On page 12, beginning on line 25, strike all of subsection (2) and insert the following:

       "(2)(a) With respect to claims that have an effective date before January 4, 2004, an individual's weekly benefit amount shall be an amount equal to one twenty-fifth of the average quarterly wages of the individual's total wages during the two quarters of the individual's base year in which such total wages were highest.

       (b) With respect to claims that have an effective date on or after January 4, 2004, an individual's weekly benefit amount shall be an amount equal to three and nine-tenths percent of the average quarterly wages of the individual's total wages during the two quarters of the individual's base year in which such total wages were highest.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      Senator Honeyford moved that the Senate do not concur in the House amendment to Second Engrossed Senate Bill No. 6097, adhere to its position and asks the House to recede therefrom.

MOTION

      Senator Betti Sheldon moved that the Senate concur in the House amendment to Second Engrossed Senate Bill No. 6097.

      Debate ensued.

PARLIAMENTARY INQUIRY

      Senator Sheahan: “A parliamentary inquiry, Mr. President. If this motion fails, will the motion to adhere move with the do not concur to the House amendment?”

REPLY BY THE PRESIDENT

      President Owen: “Senator Sheahan, the President believes that Senator Honeyford only made the motion to not concur, so the motion by Senator Sheldon--should it fail--then the bill would be automatically sent back to the House with a do not concur message, but since his motion was to adhere and to not concur, then, in fact, if Senator Sheldon’s motion should fail, then we would take his motion following that.”

      Senator Betti Sheldon demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the motion by Senator Betti Sheldon that the Senate do concur in the House amendment to Second Engrossed Senate Bill No. 6097.

ROLL CALL

      The Secretary called roll and the Senate did not concur in the House amendment to Second Engrossed Senate Bill No. 6097 by the following vote: Yeas, 13; Nays, 26; Absent, 0; Excused, 10.

     Voting yea: Senators Brown, Doumit, Eide, Franklin, Fraser, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B. and Spanel - 13.

     Voting nay: Senators Benton, Brandland, Carlson, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Morton, Mulliken, Oke, Parlette, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 26.

     Excused: Senators Deccio, Fairley, Hargrove, Haugen, McCaslin, Poulsen, Reardon, Shin, Thibaudeau and West - 10.

      The President declared the question before the Senate to be the motion by Senator Honeyford that the Senate adhere to its position regarding the House amendment to Second Engrossed Senate Bill No. 6097 and asks the House to recede therefrom.

      The motion by Senator Honeyford carried and the Senate adheres to its position regarding the House amendment to Second Engrossed Senate Bill No. 6097 and asks the House to recede therefrom.

      At 4:46 a.m., the President declared the Senate to be at ease.

      The Senate was called to order at 5:03 a.m. by President Owen.

MESSAGES FROM THE HOUSE

June 11, 2002

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 5271, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

June 11, 2002

MR. PRESIDENT:

      The House has adopted SENATE CONCURRENT RESOLUTION NO. 8414, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      SENATE BILL NO. 5271.

SIGNED BY THE PRESIDENT

      The President signed:

      SENATE CONCURRENT RESOLUTION NO. 8414.

MOTION

      On motion of Senator Sheahan, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING

SB 6099             by Senator Honeyford (by request of Governor Locke)

                           AN ACT Relating to making appropriations for the payment of expenses related to the implementation of 2ESB 6097; and making appropriations.

MOTION

      On motion of Senator Honeyford, the rules were suspended, Senate Bill No. 6099 was advanced to second reading and placed on the second reading calendar.

SECOND READING

      SENATE BILL NO. 6099, by Senator Honeyford (by request of Governor Locke)

      Making appropriations for the payment of expenses related to the implementation of 2ESB 6099.

      The bill was read the second time.

MOTION

      On motion of Senator Honeyford, the rules were suspended, Senate Bill No. 6099, under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6099, under suspension of the rules.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6099, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 7; Absent, 1; Excused, 10.

     Voting yea: Senators Benton, Brandland, Carlson, Doumit, Eide, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Swecker and Zarelli - 31.

     Voting nay: Senators Brown, Franklin, Fraser, Regala, Spanel, Stevens and Winsley - 7.

     Absent: Senator Kline - 1.

     Excused: Senators Deccio, Fairley, Hargrove, Haugen, McCaslin, Poulsen, Reardon, Shin, Thibaudeau and West - 10.

      SENATE BILL NO. 6099, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Sheahan, Senate Bill No. 6099 was ordered to be immediately transmitted to the House of Representatives.

MOTION

      On motion of Senator Eide, Senator Kline was excused.

MESSAGE FROM THE HOUSE

June 11, 2003

MR. PRESIDENT:

      The House has receded from its amendment(s) to SECOND ENGROSSED SENATE BILL NO. 6097, and passed the bill without the House amendment(s),and the same is herewith transmitted.

CYNTHIA ZEHNDER

SIGNED BY THE PRESIDENT

      The President signed:

      SECOND ENGROSSED SENATE BILL NO. 6097.

MOTION

      At 5:31 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

      The Senate was called to order at 7:52 p.m. by President Owen.

MOTION

     On motion of Senator Sheahan, the Senate returned to the fourth order of business.

MESSAGE FROM THE HOUSEJune 11, 2003

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 6099, and the same is herewith transmitted.

CYNTHIA ZEHNDER

SIGNED BY THE PRESIDENT

      The President signed:

      SENATE BILL NO. 6099.

MESSAGE FROM THE HOUSE

June 11, 2003

MR. PRESIDENT:

      The House has passed HOUSE BILL NO. 2294, and the same is herewith transmitted.

CYNTHIA ZEHNDER

MOTION

      On motion of Senator Sheahan, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING

SCR 8415          by Senators Tim Sheldon and Betti Sheldon

                           Returning bills to the house of origin.

SCR 8416          by Senators Sheahan and Betti Sheldon

                           Adjourning Sine Die.

INTRODUCTION AND FIRST READING OF HOUSE BILL

HB 2294            by Representatives Pettigrew, Priest, Morris and Hinkle (by request of Governor Locke)

                           Providing tax incentives for the retention and expansion of the aerospace industry in Washington State.

MOTION

      On motion of Senator Sheahan, the rules were suspended, Senate Concurrent Resolution No. 8415, Senate Concurrent Resolution No. 8416 and House Bill No. 2294 were placed on the second reading calendar.

MOTION

      On motion of Senator Eide, Senator Franklin was excused.

MOTION

      On motion of Senator Hewitt, Senators Schmidt and Winsley were excused.

MOTION

      On motion of Senator Sheahan, the Senate advanced to the sixth order of business.

SECOND READING

      HOUSE BILL NO. 2294, by Representatives Pettigrew, Priest, Morris and Hinkle (by request of Governor Locke)

      Providing tax incentives for the retention and expansion of the aerospace industry in Washington State.

      The bill was read the second time.

MOTION

      On motion of Senator Rossi, the rules were suspended, House Bill No. 2294 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2294.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2294 and the bill passed the Senate by the following vote: Yeas, 42; Absent, 0, Nays, 1; Excused, 6.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 42.

     Voting nay: Senator Kline - 1.

     Excused: Senators Deccio, Franklin, McCaslin, Schmidt, West and Winsley - 6.

      HOUSE SENATE BILL NO. 2294, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Sheahan, House Bill No. 2294 was ordered to be immediately transmitted to the House of Representatives.

MESSAGES FROM THE HOUSE

June 11, 2003

MR. PRESIDENT:

      The Speaker has signed:

      SENATE BILL NO. 5271,

      SENATE CONCURRENT RESOLUTION NO. 8414, and the same are herewith transmitted.

MR. PRESIDENT:

      The Speaker has signed SECOND ENGROSSED SENATE BILL NO. 6097, and the same is herewith transmitted.

CYNTHIA ZEHNDER

June 11, 2003

MR. PRESIDENT:

      The Speaker has signed SENATE BILL NO. 6099, and the same is herewith transmitted.

CYNTHIA ZEHNDER

MOTION

      On motion of Senator Sheahan, the Senate advanced to the sixth order of business.

SECOND READING

      SENATE CONCURRENT RESOLUTION NO. 8415, by Senators Tim Sheldon and Betti Sheldon

      Returning bills to the house of origin.

      The concurrent resolution was read the second time.

SENATE CONCURRENT RESOLUTION NO. 8415