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FIRST DAY

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NOON SESSION

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Senate Chamber, Olympia, Monday, January 12, 2004

      At 12:00 noon, pursuant to law, the Senate of the 2004 Regular Session of the Fifty-eighth Legislature of the state of Washington assembled in the Senate Chamber at the State Capitol. Lieutenant Governor Brad Owen, President of the Senate, called the Senate to order.

      The Washington State Patrol Honor Guard consisting of Troopers Peter Ducre, Ted DeHart, Craig Anders and John Sager presented the colors.


      The President led the Senate in the Pledge of Allegiance.

      Dr. David James, Rector at St. John's Episcopal Church offered the prayer.


INTRODUCTION OF LAKEFAIR PRINCESS


      The President welcomed and introduced Melissa Hepburn, Olympia’s Lakefair Princess, who was seated at the rostrum.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the parents of Lakefair Princess Melissa Hepburn, Julie Hepburn, Mike Hepburn, President of Lakefair, Joanne Fields and Pastor Bob Christensen and wife Barbara.

      With permission of the Senate, business was suspended to allow Princess Hepburn to welcome the Senators to Olympia.


EDITOR’S NOTE: The following letters of resignations and appointments were received during the 2003 Interim.


LETTERS OF RESIGNATION


WASHINGTON STATE SENATE

Senator Aaron Reardon

38th Legislative District


November 12, 2003


The Honorable Gary Locke

Governor of the State of Washington

P. O. Box 40002

Olympia, WA 98504


Dear Governor Locke:


      Pleases accept this letter as notice of my official resignation from the Washington State Senate, which shall be effective on Wednesday, December 3, 2003 at midnight. It has been an honor and a privilege to serve the people of the 38th Legislative District for the past five years in the Senate and the House of Representatives.

      I look forward to working with you in my new capacity as Snohomish County Executive during the upcoming Legislative Session. Please feel free to contact me at 425-257-2141 if you should have any questions.


Sincerely,

AARON REARDON, 38th Legislative District


LETTERS OF RESIGNATION AMENDED

WASHINGTON STATE SENATE

Senator Aaron Reardon

38th Legislative District

December 2, 2003


The Honorable Gary Locke

Governor of the State of Washington

P. O. Box 40002

Olympia, WA 98504


Dear Governor Locke:


      A few weeks ago, you should have received a letter providing notice of my intention to resign from the Washington State Senate effective Sunday, January 11, 2004 at midnight.

      I must apologize that I had been misinformed regarding the process and time line for my resignation and the appointment on my replacement. Because of the new information I have received, I would like to amend my initial notice of resignation to instead be effective on Wednesday, December 31, 2003 at midnight.

      I apologize for any confusion this may have caused, and I hope that this will allow for more time in selecting my replacement. Please feel free to contact me at 425-257-2141if you should have any questions.


Sincerely,

AARON REARDON, 38th Legislative District



SNOHOMISH COUNTY COUNCIL SIGNATURE REPORT

SNOHOMISH COUNTY, WASHINGTON

January 14, 2004


Milton H. Doumit, Jr.

Secretary of the Senate

Washington State Senate

P. O. Box 40482

201 Joel Pritchard Building

Olympia, Washington 98504-0482


RE: Appointment of Jean Berkey to Senate position vacated by Senator Reardon


      The purpose of this letter is to notify you of action taken by the Snohomish County Council on January 5, 2004. In an open public meeting on that date the Snohomish County Council unanimously approved Motion No. 04-007, Making an appointment to Fill the Vacancy in the 38th Legislative District of the Washington State Senate. A copy of Motion 04-007 is enclosed for your records.


Sincerely,

SNOHOMISH COUNTY COUNCIL, Gary A. Nelson, Vice Chair


Motion 04-007

 

Making an appoint to fill the vacancy in the 38th Legislative District of the Washington State Senate left by the resignation of Aaron Reardon.


      WHEREAS, a vacancy was created for the position of state senator from the 38th Legislative District, due to the resignation of Aaron Reardon, and


      WHEREAS, the Snohomish County Central Committee has submitted the names of nominees for the vacancy.


      NOW, THEREFORE, ON MOTION , the Snohomish County Council hereby appoints Jean Berkey to the position of state senator from the 38th Legislative District.


PASSED this 5th day of January 2004.


SNOHOMISH COUNTY COUNCIL

SNOHOMISH COUNTY, WASHINGTON

JOHN KOSTER, Chair


ATTEST:

Kathryn Bratcher, Clerk of the Council


WASHINGTON STATE SENATE

Senator Dino Rossi

5th Legislative District


December 8, 2003

Governor Gary Locke

Insurance Building

Capitol Campus

Olympia, WA 98504


Dear Governor Locke:


      Pursuant to RCW 42.12.020, please accept my resignation from the Washington State Senate effective Friday, December 12, 2003. If you have any questions, or if I may provide any additional information, please do not hesitate to contact me.


Yours very truly,

DINO ROSSI, State Senator, 5th Legislative District


METROPOLITAN KING COUNTY COUNCIL

Room 1025, King County Courthouse

516 Third Avenue

Seattle, Washington 98104-3272


January 12, 2004


Secretary of the Senate

P. O. Box 40482

Olympia, WA


Dear Secretary of the Senate,

      On January 5, 2004, the King Count Council appointed Cheryl Pflug to the vacancy in the 5th District of the State Senate created by the resignation of Senator Dino Rossi. A copy of the motion appointing Senator Pflug and an original oath of office is attached for your convenience.

Sincerely yours,

Anne Noris, Clerk of the Council


KING COUNTY COUNCIL SIGNATURE REPORT

January 7, 2004


Motion 11855


Proposed No. 2003-0547.2                                                                                                                                                          Sponsors Irons and Lambert

 

A MOTION making an appointment to fill the vacancy in the 5th Legislative district of the Washington State Senate


      WHEREAS, A vacancy exists in the position of State Senate for the 5th Legislative District, due to the resignation of Dino Rossi, and

      WHEREAS, the 5th Legislative District Republicans have met to consider possible replacements for this position, and

      WHEREAS, the King County Republican Central Committee has submitted the names of three nominees to fill the vacancy;

      NOW, THEREFORE, BE IT MOVED by the Council of King County:


      Cheryl Pflug is hereby appointed to the position of state senator from the 5th legislative district.


      Motion 11855 was introduced on 12/15/2003 and passed as amended by the Metropolitan King County Council on 1/5/2004, by the following vote:

      Yes: 11 - Mr. Phillips, Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. Pelz, Mr. McKenna, Mr. Ferguson, Mr. Hammond, Mr. Gossett, Mr. Irons and Ms. Patterson

      No: 0

      Excused: 2 - Ms. Hague and Mr. Constantine

KING COUNTY COUNCIL

KING COUNTY, WASHINGTON

LARRY PHILLIPS, Chair

ATTEST:

Anne Noris, Clerk of the Council


WASHINGTON STATE SENATE

Senator James E. West

6th Legislative District



December 23, 2003

Governor Gary Locke

Insurance Building

Capitol Campus

Olympia, WA 98504


Dear Governor Locke:


      This is an amendment to my letter of December 7, 2003. I herby officially notify you that I am resigning my Senate seat effective December 23, 2003 at mdinight to allow the Spokane County Commissioners to appoint my successor as soon as possible to allow that person to prepare for the 2004 Legislative Session.


Sincerely,

JAMES E. WEST, State Senator 6th Legislative District



SPOKANE COUNTY COUNCIL SIGNATURE REPORT

SPOKANE COUNTY, WASHINGTON


January 12, 2004


Milton H. Doumit, Jr.

Secretary of the Senate

Washington State Senate

P. O. Box 40482

201 Joel M. Pritchard Building

Olympia, WA 98504-0482


Dear Mr. Doumit:


      On December 24, 2003 the Board of County Commissioners for Spokane County held a special meeting to take action on appointing an individual to fill the vacancy created by the resignation of Jim West from the position of State Senator for the Sixth District for the State of Washington.

      The Board by a unanimous vote, Resolution No. 3-1110 (certified copy enclosed), appointed Mr. Brian Murray to fill the vacancy effective December 24, 2003.


Sincerely,

DANIELA ERICKSON, Clerk of the Board


Motion 31110


Resolution No. 3-1110

 

In the matter of filling the vacancy in the sixth Legislative District of the State Senate within the state of Washington.


      WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and

      WHEREAS, pursuant to the provisions of Article II, Section 15 of the Washington State Constitution, when a vacancy occurs in either House of the Legislature, or in any partisan County elected office, it shall be filled by appointment by the Board of County Commissioners of the county in which the vacancy occurs provided that the vacancy must be from the same legislative district, county, or county commissioner district and the same political party as the legislator or partisan county elective officer whose office has been vacated, and shall be one of three persons who shall be nominated by the county central committee of that party; and

      WHEREAS, Jim West submitted his resignation as State Senator from the Sixth Legislative District of the State of Washington to the Governor of the State of Washington, having an effective date of midnight, December 23; and

      WHEREAS, pursuant to the provisions of Article II, Section 15 of the Washington State Constitution, the Spokane County Republican Committee, through correspondence dated December 23, 2003, submitted a letter to the Board of County Commissioners of Spokane County containing the names of three persons who were nominated by the Republican Party Central Committee to fill the vacancy created by the resignation of Jim West.

      NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, pursuant to the provisions of Article II, Section 15 of the Washington State Constitution and the letter submitted to the Board of County Commissioners on December 23, 2003, from the Spokane County Republican Central Committee, that the Board does hereby appoint:


BRIAN MURRAY


to fill the vacancy created by the resignation of Jim West as State Senator of the Sixth Legislative District of the State of Washington to hold such office until his successor is elected at the next General Election.



BOARD OF COMMISSIONERS

OF SPOKANE, COUNTY, WASHINGTON

SPOKANE COUNTY

JOHN ROSKELLEY, Chair

PHILLIP D. HARRIS, Vice Chair

DANIELA ERICKSON, Deputy


ATTEST:

Vicky M. Dalton


MOTION


      On motion of Senator Esser, the Senate advanced to the third order of business.


MESSAGE FROM STATE OFFICES


STATE OF WASHINGTON

Governor’s Committee on Disability Issues and Employment

Olympia, Washington 98507-9046


Mr. Milton H. Doumit, Jr.

Secretary of the Senate

P. O. Box 40482

Olympia, WA 98504


Dear Mr. Doumit:

      Enclosed is the Governor’s Report to the Legislature entitled “Employment and Training Services for People with Disabilities.” It is mandated under Engrossed Senate Joint Memorial 8014 of 2002.


Sincerely,

TOBY OLSON, Executive Secretary


MESSAGES FROM THE SECRETARY OF STATE



The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504



      I, Sam Reed, Secretary of State of the State of Washington, do hereby certify that according to the provisions of RCW 29.62.120, 130, I have canvassed the returns of the 1,300,602 votes cast by the 3,212,043 registered voters of the state for and against the initiatives, resolutions and joint legislative district(s) which were submitted to the vote of the people at the state general election held on the 4th day of November, 2003, as received from the County Auditors.


WASHINGTON STATE INITIATIVE TO THE PEOPLE, 841

 

Initiative Measure No. 841 concerns the repeal and future limitation of ergonomics regulations. This measure would repeal existing state ergonomics regulations and would direct the department of labor and industries not to adopt new ergonomics regulations unless a uniform federal standard is required.

 

                                                                                              Yes         656,737

No570,980

 

WASHINGTON STATE HOUSE JOINT RESOLUTION, 4206

 

The Legislature has proposed a constitutional amendment on filling vacancies in legislative and partisan county elective offices. This amendment would permit newly-elected officers to take office early if the office falls vacant after the general election and the newly-elected officer is of the same political party as the former officer.

 

                                                                                              Yes         1,008,710

                                                                                              No           207,720

 

LEGISLATIVE DISTRICT #19, SENATOR

 

                                                                              Mark Doumit          D                                             18,556

                                                                              Patricia Hamilton   R                                             10,872

 

 

LEGISLATIVE DISTRICT #19, REPRESENTATIVE #2

 

                                                                              Brian Blake            D                                             18,556

                                                                              Mike Kayser           R                                             10,202

 

IN WITNESS WHEREOF, I have set my hand and affixed the official seal of the state of Washington , this 4th day of December 2003.

 

(Seal)

 

MESSAGE FROM THE SECRETARY OF STATE

 

 

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

 

MR. PRESIDENT:

      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 bills as required by Article III, section 12, of the Washington State Constitution:

      Substitute Senate Bill 5142 

      IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the state of Washington, this 21st day of April, 2003.

 

SAM REED, Secretary of State

 

(Seal)

 

MESSAGE FROM THE GOVERNOR

 

April 17, 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 3, Engrossed Substitute Senate Bill No. 5142 entitled:

 

“AN ACT Relating to permitting children of certificated and classified school employees to enroll at the school where the employee is assigned;”

 

      This bill requires, upon application , that school districts enroll children of their certificated school employees in the school to which the employee is assigned, or to one of the schools in the feeder school system for the school to which the employee is assigned.

      Section 3 of this bill would have provided for certain reporting requirements. The veto of this section has been requested by the Superintendent of Public Instruction, and has the concurrence of the bill sponsor and the sponsor of the Section 3 amendment.

      Nonetheless, I understand that the Superintendent of Public Instruction intends to provide information regarding the provisions of this bill to the legislature by means of a survey. I support this less burdensome approach.

      For these reasons, I have vetoed section 3 of Engrossed Substitute Senate Bill No. 5142.

 

      With the exception of section 3, Engrossed Substitute Senate Bill No. 5142 is approved.

 

Respectfully submitted,

GARY LOCKE, Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

 

MR. PRESIDENT:

      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 bills as required by Article III, section 12, of the Washington State Constitution:

      Substitute Senate Bill 5401 

      IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the state of Washington, this 27 day of June, 2003.

 

SAM REED, Secretary of State

 

(Seal)

 

MESSAGE FROM THE GOVERNOR

 

June 26, 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 103; 148(1); 156(1); 161, lines 4-13 and lines 16-17; 171, lines 24-32; 172(1); 172(2); 215(1); 227(2); 229(1); 229(2); 232(3); 273(5); 304(2); 352(2); 401; 429; 620; 783; 816(1); 816(2); 816(3); 821(1); 821(2); 821(3); and 907(4)(g) of Substitute Senate Bill No. 5401 entitled:

“AN ACT Relating to the capital budget;”

 

      Substitute Senate Bill No. 5401 is the state capital budget for the 2003-2005 Biennium. I have vetoed several provisions as described below:

      Section 103, page 2, Office of the State Auditor

This appropriation would have provided $100,000 from the Thurston County Capital Facilities Account to move the Auditor from the Sunset Building and to purchase equipment. These proposed uses are inconsistent with the Thurston County Capital Facilities Account, as defined in existing statute. Moving costs are agency responsibilities within their operating budgets.

      Section 148 (1), page 23, Department of Community, Trade and Economic Development

      The first proviso for the Seventh Street Theater cites to Section 906(2)(b), which is intended for the acceleration of environmental rehabilitation and restoration projects. This project does not relate to natural resources and the reference is apparently in error.

      Section 156 (1), page 28, Office of Financial Management (OFM)

      Section 156(1) would have directed OFM to emphasize particular factors when reviewing capital appropriation requests from state agencies. This directive unnecessarily adds to existing statutory requirements already in place.

      Section 161, page 30, lines 4-13 and lines 16-17, Department of General Administration

      This appropriation would have provided $500,000 from the Thurston County Capital Facilities Account for Heritage Park. This appropriation is inconsistent with the purpose of the account as defined in statute. Heritage Park is an element of the state capitol campus and seat of government. Improvements to the park should be financed from general state obligations and not from funds derived from agency collected fees for services.

      Section 171, page 34, lines 24-32, Department of General Administration

      This proviso would have directed a revision to an existing agreement between the Insurance Commissioner and the department, which is already complete. The funds referenced in the proviso were spent on the feasibility study during the 2001-2003 Biennium.

      Section 172(1) and (2), page 35, Department of General Administration

      Subsections (1) and (2) would have created restrictions on projects less that $1 million by prohibiting use of funds for studies, surveys or carpet replacement. The funds appropriated in this section derive from agency fees for services so that the Department of General Administration can adequately maintain state-owned facilities, as required by statute. This proviso language would have unduly restricted the agency’s ability to evaluate and remedy maintenance needs as they occur, potentially resulting in higher costs in the future.

      Section 215(1), page 46,Department of Social and Health Services

      Section 215(1) would have prohibited the expenditure of reappropriated funds for developmental disabilities facilities subject to closure. The language is ambiguous in its intent, since no development disabilities facility is scheduled for closure in the 2003-2005 biennium. Furthermore, if this prohibition were applied to each structure in a facility, it could prevent the preservation of essential buildings and jeopardize certification and eligibility for federal funding.

      Section 227(2), page 50, Department of Social and Health Services

      Section 227(2) would have prohibited the use of funds for demolition of abandoned structures at facilities managed by the Division of Developmental Disabilities. There si in excess of 300,000 square feet of abandoned and hazardous buildings already scheduled for demolition at Fircrest School, Rainier School, Lakeland Village and Yakima Valley School. Prohibiting removal of these buildings is inefficient and a risk to public safety.

      Section 229(1) and (2), page 51, Department of Social and Health Services

      In the operating budget, the department is required to develop a transition plan for the residential consolidation of clients from the Fircrest School. That transition plan will be complete by January 2004. The capital budget language in Section 229(1) and (2) would have required a capital facilities plan based on the operational planning determinations from this transition plan. Since the capital facilities plan would be due September 2003, it would create an inconsistency in the schedule of the operating plan.

      Section 232(3), page 53, Department of Social and Health Services

      Section 232(3) would have required review and approval by both the executive and legislative branches for a Juvenile Rehabilitation planning study. Since required components of the study are listed in Section 232(2), and the final study must be submitted to the Legislature, it is unnecessary to also submit the preliminary outline of project scope.

      Section 273(5), page 67, Department of Corrections

      Section 273(5) would have required review and approval of the Master Plan scope of work by both the executive and legislative branches. Since other provisos in this section indicate the objectives and components of this effort, it is unnecessary for the department to obtain additional approval for the initial scope of work.

      Section 304(2), page 71, Department of Ecology

      This subsection would have provided $1.8 million of Local Toxics Control Account grants to Klickitat County for removal, disposal or recycling of vehicle tires. This effort is not an eligible project under the Local Toxics Control Account Remedial Action Cleanup Program. To be eligible for such funding, a site must be under an agreed-upon order or consent decree, have completed a site assessment and cleanup plan, and be a declared toxic waste site. This site does not meet these criteria.

      Subsection 352(2), page 90, Interagency Committee for Outdoor Recreation

      This proviso would have eliminated reappropriated funds available to the Washington Wildlife and Recreation Program (WWRP) on December 31, 2003. If these funds lapse, several local parks and/or recreational projects would be terminated due to the loss of state matching funds used to leverage local resources. Parks, trails and recreational areas are in short supply and it is the wrong time to shut down projects that eliminate jobs important to the vitality of local communities.

      Section 401, page 109, Department of Fish and Wildlife

      This section would have appropriated $500,000 to develop a Wind Power Alternative Mitigation Pilot Program for the purpose of streamlining the mitigation process for wind power projects and associated habitat. While I fully support efforts to develop this renewable energy resource, additional direction is needed from the Legislature to determine the proper components of this program.

      Section 429, page 119, Department of Natural Resources (DNR)

      This section would have provided $900,000 of general obligation bond funds to digitize an unspecified portion of the DNR gelolgy library, which is being reduced to one full-time equivalent (FTE) in the operating budget. Expenses of this type are operating, not capital in nature, and are not appropriate for bond financing. In addition, the cost of digitizing the library collection is greater than the biennial cost to operate the geology library at the 2001-2003 staffing level.

      Section 620, page 133, University of Washington

      This proviso would have assumed legislative approval of a future transportation budget. The reappropriated funds would have completed the design, right-of-way acquisition and environmental permits for an off-ramp into the University of Washington (UW) Bothell campus from State Route 522. The off-ramp is a requirement of the city of Bothell for future campus development of UW-Bothell and Cascadia Community College. However, due to anticipated student enrollment, additional campus development is not expected within the next six to ten years.

      Section 783, page 194, Community and Technical College System

      This proviso would have assumed legislative approval of a future transportation budget. The reappropriated funds would have completed the design, right-of-way acquisition and environmental permits for an off-ramp into the Cascadia Community College campus from State Route 522. The off-ramp is a requirement of the city of Bothell for future campus development of UW-Bothell and Cascadia Community College. However, due to anticipated student enrollment, additional campus development is not expected within the next six to ten years.

      Section 816(1), (2) and (3), page 208, Community and Technical College System

      These provisos would have placed overly restrictive conditions on the replacement of the North Plaza Building at Seattle Central Community College. Section 816(1) mandates construction limits that should, in part, be determined as part of the design phase of the project. Sections 816(2) and (3) require cost tracking data and additional expenditure accounting that are beyond the typical reporting requirements for a project of this size. This level of reporting poses an unnecessary expense to the college.

      Section 821(1), (2) and (3), page 210, Community and Technical College System

      These provisos would have placed overly restrictive requirements on the renovation of Building 7 at Tacoma Community College. Section 821(1) mandates construction limits that should, in part, be determined as part of the design phase of the project. Sections 821(2) and (3) require cost tracking data and additional expenditure accounting that are beyond the typical reporting requirements for a project of this size. This level of reporting poses an unnecessary expense to the college.

      Section 907(4)(g), page 218 Community and Technical College System

      Section 907(4)(g) would have authorized South Puget Sound Community College to purchase approximately 25 acres of land for a permanent Hawks Prairie campus. This proposal assumes the financing of a new community college campus, a decision that should be based on an assessment of future needs as part of the comprehensive budget decision process.

      In addition to vetoing the sections above, I am directing the Office of Financial Management to place in allotment reserve the Thurston County Capital Facilities Account appropriated to the Department of General Administration in Section 169, Page 33. The project management functions provided by the department for capital projects should be distributed equitable across fund sources for those projects. Appropriations for amounts in excess of the project management costs for capital projects in Thurston County are contrary to the express provisions of RCW 43.19.501. My intention is to hold the Thurston County Capital Facilities Account appropriation in allotment reserve and seek corrective appropriations in the first supplemental budget.

      For these reasons, I have vetoed sections 103; 148(1); 156(1); 161, lines 4-13 and lines 16-17; 171, lines 24-32; 172(1); 172(2); 215(1); 227(2); 229(2); 232(3); 273(5); 304(2); 352(2); 401; 429; 620; 783; 816(1); 816(2); 816(3); 821(1); 821(2); 821(3); and 907(4)(g) of Substitute Senate Bill No. 5401.

      With the exception of sections 103; 148(1); 156(1); 161, lines 4-13 and lines 16-17; 171, lines 24-32; 172(1); 172(2); 215(1); 227(2); 229(1); 229(1); 229(2); 232(3); 273(5); 304(2); 352(2); 401; 429; 620: 783; 816(1); 816(2); 816(3); 821(1); 821(2); 821(3); and 907(4)(g), Substitute Senate Bill No. 5401 is approved.

 

Respectfully submitted,

GARY LOCKE, Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

 

MR. PRESIDENT:

      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:

      Engrossed Substitute Senate Bill No. 5404 

      IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the state of Washington, this 27 day of June, 2003.

 

SAM REED, Secretary of State

 

(Seal)

 

MESSAGE FROM THE GOVERNOR

 

June 26, 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 141, lines 25-30; 148(2); 203(7); 203(10); 203(12); 204(1)(e); 204(1)(h); 205(1)(h); 209(12); 217(1); 308(14), lines 18-22; 501(2)(a)(iv); 717; and 724 of Engrossed Substitute Senate Bill 5404 entitled:

 

“AN ACT Relating to fiscal matters,”

 

      Engrossed Substitute Senate Bill No. 5404 is the state operating budget for the 2003-2005 Biennium. I have vetoed several provisions as described below:

      Section 141, page 23, lines 25-30, Motor Pool (Department of General Administration)

      This proviso would have limited the purchase or lease of addition vehicles for the state motor poll unless deemed necessary for safety. The core business of the Department of General Administration (GA) Motor Pool is to provide passenger vehicles for state agencies at a price that is cheaper than other state agency in-house motor pools or private vehicle rental car businesses. As budgets shrink, GA will need to maintain a cost-effective vehicle replacement schedule in order in ensure low maintenance costs and high vehicle re-sale value.

      Section 148(2), page 27, Reimbursement for Travel (Washington Utilities and Transportation Commission)

      This proviso would have allowed the Washington Utilities and Transportation Commission (WUTC) to accept reimbursement from the companies it regulates to allow WUTC employees to travel to multi-state regulatory meetings. This directive is contrary to a prohibition in the State Ethics Act, RCW 42.52.150(4)(g). Regardless, WUTC needs to develop policies for non-state reimbursement of state travel as required by the State Administrative and Accounting Manual Section 10.20.60.

      Section 203(7), page 35, Co-Occurring Pilot Project (Department of Social and Health Services - Juvenile Rehabilitation Administration)

      Section 203(7) would have required that $1,478,000 from the Federal Juvenile Accountability Incentive Block Grant be used for continuation of the Co-Occurring Disorder Pilot project. This project provides post-release planning and treatment of juvenile offenders with co-occurring disorders. The block grant was reduced for federal fiscal years 2003 and 2004. The state only has flexibility with respect to 25 percent of the federal funds received under the Juvenile Accountability Incentive Block Grant, which is less than the amount the proviso directs towards the post-release planning pilot program. Because the pool of eligible youth for these services will not necessarily require the full amount as appropriated, I am directing the Juvenile Rehabilitation Administration to continue the pilot, provide youth the post-release planning and treatment services needed, and utilize any remaining funds for other program requirements.

      Section 203(10), page 36, Transfer of Funds to Counties for Juvenile Services and Semi-Annual Report to Legislature (Department of Social and Health Services - Juvenile Rehabilitation Administration)

      This proviso would have allowed the department to develop a funding distribution formula in consultation with juvenile court administrators and would have required a semi-annual report to the Legislature. I am directing the department to continue to coordinate with the court administrators to determine an appropriate distribution formula. However, this language creates a new reporting requirement for DSHS at a time when we are seeking ways to reduce reporting requirements in order to maximize limited staff resources; therefore, I have vetoed this subsection.

      Section 203(12), page 37, Allotment and Expenditure Reporting (Department of Social and Health Services - Juvenile Rehabilitation Administration

      Section 203(12) would have directed the Juvenile Rehabilitation Administration to allot and expend funds consistent with the category and budget unit structure submitted to the Legislative Evaluation and Accountability Program committee. This direction is consistent with current department-wide practices and is therefore not needed.

      Section 204(1)(e), page 39, New Six-Year Regional Support Network (RSN) Funding Formula (Department of Social and Health Services - Mental Health Program)

      This proviso language could have been construed as restarting the implementation of the current RSN funding phase-in schedule, which has already been in place for two years. In addition, the department is required to comply with the federal Basic Budget Act that would actuarially adjust payment rates for community mental health services in its 2003-05 contracts with RSNs. My veto of this section will provide DSHS the flexibility to comply with federal requirements and continue the implementation of the new payment formula as originally scheduled.

      Section 204(1)(h), page 40, Regional Support Network Administrative (RSN) Cost Limit (Department of Social and Health Services - Mental Health Program)

      This proviso would have limited state funding for RSN administrative costs to 10 percent of total funding. While one of the goals of my administration is to increase efficiencies and lower administrative costs, this approach is too broad and does not allow for differing circumstances among the regional support networks and their vendors, particularly in rural areas. Although I concur with the intent of the proviso, I have vetoed this section and direct DSHS to continue its ongoing efforts to work with the regional support networks to identify ways to deliver community mental health services in the most efficient manner.

      Section 205(1)(h), page 44, Consultation with Representative Stakeholders (Department of Social and Health Services - Developmental Disabilities Program)

      This proviso would have required DSHS to identify redundant and unnecessary rules related to residential services for the developmentally disabled in consultation with service providers and clients. Without additional resources, I am concerned about the additional workload of a structured review requirement with providers and clients. Therefore, I have vetoed this section, but direct DSHS to continue its ongoing effort to remove redundant and unnecessary rules using the process and procedures currently in place.

      Section 209(12), page 53, Report to the Legislature on the Projected Value of Drug Manufacturers’ Supplemental (Department of Social and Health Services - Medical Assistant Administration)

      This proviso would have required DSHS to separately track the total amount of supplemental rebates obtained from drug manufacturers, and compile a report thereon. Medical Assistance currently uses supplemental rebates to offset total expenditures. These amounts allow for the management of the budget within fiscal year requirements. Decisions about retail pharmacy reimbursement rates should continue to be treated in a manner consistent with all other provider rates - that is, as a separate policy step occurring in the context of all other budget decisions. I have vetoed this section with the expectation that the department will track supplemental drug rebates and be prepared to respond to questions about the value of those rebates, even though a formal report will not be required.

      Section 217(1), page 61, Crime Victims Compensation Program (Department of Labor and Industries)

      This proviso would have limited the Department of Labor and Industries’ ability to administer the Crime Victims Compensation program. The budget includes adequate funding for the program, however, this subsection restricts the use of these funds in a way that would delay claim decisions for crime victim benefits, slow the processing of medical payments and potentially reduce or delay the collections of restitution meant to offset costs. The Department will take actions necessary to keep administrative costs at the lowest level possible.

      Section 308(14), page 90, lines 18-22, beginning with “It is the intent.....” SDS Lumber Company Settlement (Department of Natural Resources)

      Section 308(14) provides $2.7 million GF-S to the Department of Natural Resources (DNR) to acquire 232 acres of land and timber in Klickitat County from the SDS Lumber Company as part of a legal settlement. The proviso further requires DNR to recover through timber sales or federal grants, the $2.7 million GF-S during the 2003-05 biennium, stating that if DNR is unsuccessful, the Legislature intends to reduce expenditures in DNR’s Forest Practices Program for 2005-07 by the amount not recovered. I am vetoing the intent section of this proviso, which improperly attempts to bind the actions of a future legislature. Further, I believe this settlement is a one-time event limited to the facts of the specific case, and not an administrative precedent.

      Section 501(2)(a)(iv), page 97, Federal Appropriation Transfer for Teen Aware Program (Office of the Superintendent of Public Instruction - Statewide Programs

      This subsection would have required the transfer of $400,000 of federal appropriation from the Department of Health (DOH) to the Office of the Superintendent of Public Instruction (OSPI) for the Teen Aware Program. Teen Aware is a program of student-produced media campaigns to promote sexual abstinence. Administration of Teen Aware has depended on a state match to the OSPI that is eliminated in the budget act. At the request of Superintendent Bergeson, I have vetoed this federal transfer, thereby reverting the appropriation back to DOH to promote sexual abstinence. Ia m directing the DOH to work with OSPI to explore options to continue involving students in the production of effective abstinence messages for young adults.

      Section 717, page 163, Agency Expenditures for Travel, Equipment, and Personal Service Contracts

      This section would have required that the Office of Financial Management reduce agency allotments by a dollar amount based on the previous year’s travel, equipment, and personal service contract expenditures. The Legislature has already added to my proposed staffing and efficiency cuts with further reductions in individual agency budgets. This additional cut is especially difficult for small and medium agencies to absorb without directly affecting client services. Furthermore, because the reduction only applies to General Fund-State dollars, it is not evenly applied to higher education institutions and other agencies that support travel, equipment and contracts with tuition or other non-state fund sources.

      Section 724, page 171, Agency Expenditures for Legislative Liaisons

      In this proviso, the Legislature would have prohibited the use of appropriated funds for legislative liaison positions in higher education institutions and other state agencies, and eliminates related General Fund-State dollars. I am concerned that this restriction will unduly limit the ability of agencies to respond to legislative inquiries. Furthermore, some legislative liaisons are responsible for constituent and client relations for their agencies.

      For these reasons, I have vetoed sections 141, line 25-30; 148(2); 203(7); 203(10); 203(12); 204(1)(e); 204(1)(h); 205(1)(h); 209(12); 217(1); 308(14), lines 18-22; 501(2)(a)(iv); 717; and 724 of Engrossed Substitute Senate No. 5404.

      With the exception of sections 141, lines 25-30; 148(2); 203(7); 203(10); 203(12); 204(1)(e); 204(1)(h); 205(1)(h); 209(12); 217(1); 308(14), lines 18-22; 501(2)(a)(iv); 717; and 724 as specified above, Engrossed Substitute Senate Bill No. 5404 is approved.

 

Respectfully submitted,

GARY LOCKE, Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

 

MR. PRESIDENT:

      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:

      Second Engrossed Substitute Senate Bill No. 5659

      IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the state of Washington, this 24 day of June, 2003.

 

 

(Seal)                                                                                                                                                                                        SAM REED, Secretary of State

 

MESSAGE FROM THE GOVERNOR

 

June 20, 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 3 and 5, Second Engrossed Substitute Senate Bill No. 5659 entitled:

 

"AN ACT Relating to authorizing additional funding for local governments;"

 

      This bill responsibly addresses a growing problem in Washington State - the gap between local government revenues and expenses. It provides two different mechanisms for localities to deal with this situation. Both approaches have a common feature; they allow the taxes to take effect only if voters approve them.

      However, two sections of the bill are unrelated to its title, "an act relating to authorizing additional funding for local governments," which could jeopardize the constitutionality of the entire act. Sections 3 and 5 amend the Growth Management Act (GMA). While I realize that various jurisdictions have problems with GMA implementation, any changes to GMA should only be undertaken after careful consideration of relevant issues.

      It is also questionable whether two counties should receive an extension of the timetable for updating their comprehensive plans without clearer comparison to other counties' problems in meeting their deadlines for such updates.

      I hereby direct my staff to work with the Department of Community, Trade and Economic Development and with concerned stakeholders over the next five months on potential amendments to the GMA. The deliberations should focus on how we can meet the goals of the GMA, plan for economic development, and protect our environment, while recognizing the difficult fiscal conditions facing so many local governments. The stakeholders should include a representative group of cities and counties, as well as the Association of Washington Cities and the Washington State Association of Counties. It is my intention that we bring to the 2004 Legislature a set of GMA amendments that can be adopted with broad support.

      For these reasons, I have vetoed sections 3 and 5 of Second Engrossed Substitute Senate Bill No. 5659.

      With the exception of sections 3 and 5, Second Engrossed Substitute Senate Bill No. 5659 is approved.

 

Respectfully submitted,

GARY LOCKE, Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

 

MR. PRESIDENT:

      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, required by Article III, section 12, of the Washington State Constitution:

      Second Engrossed Senate Bill No. 6097 

      IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the state of Washington, this 25 day of June, 2003.

 

SAM REED, Secretary of State

(Seal)

MESSAGE FROM THE GOVERNOR

 

 

June 20, 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 28 Second Engrossed Senate Bill No. 6097 entitled:

 

"AN ACT Relating to revising the unemployment compensation system through creating

forty rate classes for determining employer contribution rates;"

 

      This bill makes substantive and historic changes to our unemployment insurance (UI) system. Section 28 would have required claimants who file initial and weekly claims electronically or telephonically to provide additional proof of identity, such as a drivers license. I have vetoed this section because it nullifies all the advancements and efficiencies gained with TeleCenters and Internet filing. This requirement would also place a burden on individuals who live in rural areas not located near one of the Work Source offices. The Department of Employment Security uses an extensive process to minimize the possibility of fraudulent claims. If there is any doubt regarding identity, the department may issue an affidavit of identity to the claimant that must be notarized before any benefits are paid. The department may also require an individual to appear in person, if necessary.

      I am not vetoing section 4, which establishes a list of personal and work-related reasons that an individual may quit for good cause and receive UI benefits while searching for other work.

      However, without the benefit of experience, I appreciate concerns expressed about the unforeseeable nature of some of the practical effects of these amendments. Accordingly, I hereby instruct the Commissioner of the Department of Employment Security to track all impacts associated with the amendments in section 4, and to report her findings to me by June 2005.

      For these reasons, I have vetoed section 28 of Second Engrossed Senate Bill No. 6097.

      With the exception of section 28, Second Engrossed Senate Bill No. 6097 is approved.

 

Respectfully submitted,

GARY LOCKE, Governor

 

MOTION

 

      On motion of Senator Esser the veto messages were held at the desk.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      The President of the Senate appointed a committee of honor consisting of Senators Johnson and Kline to escort the Honorable Justice Barbara Madsen to the Rostrum.

      The President welcomed and introduced the Honorable Barbara Madsen, Justice of the Supreme Court of the state of Washington, who was present to administer the oaths of office to Mark Doumit, Jean Berkey, Brian Murray and Cheryl Pflug.

 

      The Secretary called the roll of the newly re-elected member.

 

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      The President of the Senate requested Sergeant at Arms Dennis Lewis to escort Senator Doumit to the rostrum.

      Justice Barbara Madsen there upon administered the oath of office to Senator Doumit.

      The President presented Senator Doumit a certificate of election.

      The Sergeant at Arms escorted Senator Doumit to his seat in the Senate Chamber.

 

      The Secretary called the roll of the newly appointed members of the Washington State Senate.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      The President of the Senate requested the Sergeant at Arms to escort Jean Berkey, Brian Murray and Cheryl Pflug to the rostrum.

      Chief Justice Barbara Madsen there upon administered the oath of office to Jean Berkey, Brian Murray and Cheryl Pflug.

      The President presented a certificate of appointment to Senators Berkey, Murray and Pflug.

      The Sergeant at Arms escorted Senators Berkey, Murray and Pflug to their seats in the Senate Chamber.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      The President of the Senate thanked Justice Barbara Madsen and appointed Senators Haugen and Sheahan who escorted Justice Madsen from the Senate Chamber.

      The Secretary called the roll and all the Senators were present with the exception of Senator McAuliffe.

 

REMARKS BY THE PRESIDENT

 

      The President welcomed the Senators to the 2004 Regular Session of the Legislature.

 

MOTION

 

      On motion of Senator Eide, Senator McAuliffe was excused.

 

MOTION

 

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

 

INTRODUCTIONS AND FIRST READING

 

SB 6103     by Senators Zarelli, Keiser, Rasmussen, Regala, Franklin, Kline, Deccio, Jacobsen and Fairley

 

AN ACT Relating to making certain types of extreme fighting illegal; amending RCW 67.08.002 and 67.08.015; prescribing penalties; and declaring an emergency.

 

Referred to Committee on Commerce & Trade.

 

SB 6104     by Senator McCaslin

 

AN ACT Relating to public facilities districts; and amending RCW 36.100.020.

 

Referred to Committee on Government Operations & Elections.

 

SB 6105     by Senator McCaslin

 

AN ACT Relating to juvenile penalties for animal cruelty; amending RCW 13.40.110 and 13.40.127; reenacting and amending RCW 13.40.160; prescribing penalties; and providing an effective date.

 

Referred to Committee on Judiciary.

 

SB 6106     by Senators Rasmussen and Swecker; by request of Department of Agriculture

 

AN ACT Relating to severability clauses in commodity commission statutes; adding a new section to chapter 15.28 RCW; adding a new section to chapter 15.44 RCW; adding a new section to chapter 15.66 RCW; and declaring an emergency.

 

Referred to Committee on Agriculture.

 

SB 6107     by Senators Rasmussen, Swecker, Eide, Esser, McAuliffe and Shin; by request of Department of Agriculture

 

AN ACT Relating to diseased and quarantined animals; and amending RCW 16.36.010, 16.36.060, 16.36.090, and 16.36.098.

 

Referred to Committee on Agriculture.

 

SB 6108     by Senators Sheahan, Swecker, Rasmussen and Eide; by request of Department of Agriculture

 

AN ACT Relating to applying pesticides; amending RCW 17.21.020, 17.21.126, 17.21.128, 17.21.132, 17.21.140, and 15.58.030; and providing an effective date.

 

Referred to Committee on Agriculture.

 

SB 6109     by Senators Jacobsen, Swecker, Rasmussen, Oke, Esser, McAuliffe and Spanel; by request of Department of Agriculture

 

AN ACT Relating to animal identification systems; and adding a new section to chapter 16.57 RCW.

 

Referred to Committee on Agriculture.

 

SB 6110     by Senators Benton, Winsley, Carlson, Roach, Parlette, Johnson and Mulliken

 

AN ACT Relating to small trailer license fees; adding a new section to chapter 46.16 RCW; and creating a new section.

 

Referred to Committee on Highways & Transportation.

 

SB 6111     by Senators Benton, Winsley, Oke, Keiser, Esser, Prentice, Rasmussen, Fairley, McAuliffe and Kohl-Welles

 

AN ACT Relating to providing peace officers with training and education in the matter of domestic violence; adding a new section to chapter 43.101 RCW; and creating a new section.

 

Referred to Committee on Judiciary.

 

SB 6112     by Senators Prentice, Benton, Winsley, Keiser and Kohl-Welles

 

AN ACT Relating to self-funded multiple employer welfare arrangements; adding a new section to chapter 48.43 RCW; adding a new section to chapter 48.31 RCW; adding a new section to chapter 48.99 RCW; adding a new chapter to Title 48 RCW; and prescribing penalties.

 

Referred to Committee on Health & Long-Term Care.

 

SB 6113     by Senators T. Sheldon, Swecker, Haugen, Zarelli, Rasmussen and Benton

 

AN ACT Relating to the use of rural county sales and use tax proceeds; and amending RCW 82.14.370.

 

Referred to Committee on Economic Development.

 

SB 6114     by Senators Stevens, Winsley, Oke, Schmidt, Honeyford, Mulliken, Parlette, Finkbeiner, Deccio, Swecker, Zarelli, Morton, Hewitt, Sheahan, Horn, Rasmussen, Roach and Benton

 

AN ACT Relating to criminal offenses involving animals or natural resources; amending RCW 9A.82.090, 9A.82.100, 9A.82.120, and 9.94A.535; reenacting and amending RCW 9A.82.010; adding a new chapter to Title 9A RCW; prescribing penalties; and providing an effective date.

 

Referred to Committee on Judiciary.

 

SB 6115     by Senators Roach, Parlette, Hewitt, Mulliken, Honeyford, Schmidt, Johnson, Stevens, Sheahan, Hale, Winsley, Oke, Deccio, Haugen, Swecker, Finkbeiner, T. Sheldon, Prentice, Rasmussen, Fairley, Fraser, Kline, Eide, McCaslin, Shin and Benton

 

AN ACT Relating to a use tax exemption for amusement and recreation services donated to or by nonprofit charitable organizations or state or local governmental entities; amending RCW 82.12.02595; and declaring an emergency.

 

Referred to Committee on Government Operations & Elections.

 

SB 6116     by Senators Winsley, Prentice, Benton, McAuliffe, Franklin and Rasmussen

 

AN ACT Relating to establishing the Washington state autobody and glass repair consumer bill of rights; adding a new section to chapter 48.18 RCW; and creating a new section.

 

Referred to Committee on Financial Services, Insurance & Housing.

 

SB 6117     by Senator Winsley

 

AN ACT Relating to labor disputes involving teachers and other certificated instructional staff; adding new sections to chapter 41.59 RCW; prescribing penalties; and declaring an emergency.

 

Referred to Committee on Commerce & Trade.

 

SB 6118     by Senators Morton, Stevens, Deccio, Mulliken, Roach and Swecker

 

AN ACT Relating to a pilot program for cougar control; creating new sections; and making an appropriation.

 

Referred to Committee on Parks, Fish & Wildlife.

 

SB 6119     by Senators Morton, Swecker and Mulliken

 

AN ACT Relating to water pollution control for Moses Lake; adding a new section to chapter 90.48 RCW; and declaring an emergency.

 

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6120     by Senators Esser, Kline, McCaslin, Winsley and Roach

 

AN ACT Relating to trust and estate management; and amending RCW 21.35.005, 11.40.020, 11.40.030, 11.40.051, 11.40.070, 11.42.020, 11.42.030, 11.42.070, and 11.98.039.

 

Referred to Committee on Judiciary.

 

SB 6121     by Senators Johnson, Kline, McCaslin, Esser and Winsley

 

AN ACT Relating to filing a will under seal before the testator's death; and adding a new section to chapter 11.12 RCW.

 

Referred to Committee on Judiciary.

 

SB 6122     by Senators Shin, McAuliffe, Oke and Keiser

 

AN ACT Relating to prohibiting smoking within thirty-five feet of a public place; and amending RCW 70.160.020.

 

Referred to Committee on Commerce & Trade.

 

SB 6123     by Senators Carlson, Keiser, Winsley and Spanel; by request of State Board of Accountancy

 

AN ACT Relating to modifying the public accountancy act but only with respect to: Expanding board member term limits, extending the experience look-back period for certificate holders, allowing out-of-state CPAs to qualify for a license with three years of public practice experience during the immediate past five years, expanding sanctioning authority over imposters and exam cheaters, and establishing a penalty for imposters whose license or certificate has been suspended or revoked; amending RCW 18.04.035, 18.04.105, 18.04.180, and 18.04.295; reenacting and amending RCW 18.04.370; prescribing penalties; and providing an effective date.

 

Referred to Committee on Financial Services, Insurance & Housing.

 

SB 6124     by Senators Morton, Doumit, Hewitt, T. Sheldon, Oke and Fraser; by request of Commissioner of Public Lands

 

AN ACT Relating to the clarification of certain definitions in Title 79 RCW and related public land statutes; amending RCW 43.30.700, 79.02.010, 79.02.040, 79.02.050, 79.02.160, 79.02.280, 79.02.290, 79.02.300, 79.02.340, 79.10.020, 79.10.060, 79.10.100, 79.11.100, 79.13.380, 79.15.030, 79.15.055, 79.19.030, 79.22.300, 79.36.330, 79.36.355, 79.36.380, 79.36.390, 79.38.010, 79.38.020, 79.38.030, 79.38.050, 79.38.060, 79.64.020, and 79.70.040; reenacting and amending RCW 79.64.040; and creating a new section.

 

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6125     by Senator Morton

 

AN ACT Relating to water conservancy board voting requirements; and amending RCW 90.80.070.

 

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6126     by Senators Swecker, Rasmussen, Berkey, Mulliken, Winsley and McAuliffe; by request of Department of Agriculture

 

AN ACT Relating to the Washington apple commission; amending RCW 15.24.020, 15.24.030, 15.24.040, 15.24.050, 15.24.070, 15.24.090, 15.24.100, 15.24.110, 15.24.160, and 15.24.190; adding new sections to chapter 15.24 RCW; and creating a new section.

 

Referred to Committee on Agriculture.

 

SB 6127     by Senators Swecker, Rasmussen, Mulliken, Winsley and McAuliffe; by request of Department of Agriculture

 

AN ACT Relating to the from the heart of Washington program; adding a new chapter to Title 15 RCW; and declaring an emergency.

 

Referred to Committee on Agriculture.

 

SB 6128     by Senators Morton, Honeyford and Mulliken

 

AN ACT Relating to the acquisition of land for fish and wildlife habitat purposes; amending RCW 77.12.037; and reenacting and amending RCW 77.85.130.

 

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6129     by Senators Carlson, Horn and Schmidt

 

AN ACT Relating to membership on the higher education coordinating board; amending RCW 28B.80.400; and reenacting and amending RCW 28B.80.390.

 

Referred to Committee on Higher Education.

 

SB 6130     by Senators Esser, Kline and McCaslin

 

AN ACT Relating to nonprofit miscellaneous and mutual corporations; and adding a new section to chapter 24.06 RCW.

 

Referred to Committee on Judiciary.

 

SB 6131     by Senators Poulsen, Morton, Keiser, Kline, Mulliken, Winsley, Fairley, Esser and Kohl-Welles

 

AN ACT Relating to providing incentives to support renewable energy; adding a new chapter to Title 80 RCW; providing an effective date; and providing an expiration date.

 

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6132     by Senators Morton, Poulsen, Rasmussen, Kline, Mulliken, Winsley, Schmidt, Esser, Roach, Kohl-Welles and Benton

 

AN ACT Relating to providing incentives to support the renewable energy industry in Washington state; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 84.36 RCW; adding a new section to chapter 82.32 RCW; creating a new section; providing an effective date; and providing expiration dates.

 

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6133     by Senator Honeyford

 

AN ACT Relating to financial interests between retail liquor licensees and liquor manufacturers; and amending RCW 66.28.010.

 

Referred to Committee on Commerce & Trade.

 

SB 6134     by Senators Honeyford, Morton and Mulliken

 

AN ACT Relating to ensuring habitat benefits of land acquisitions; amending RCW 77.12.037; and reenacting and amending RCW 77.85.130.

 

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6135     by Senator Honeyford

 

AN ACT Relating to providing interdistrict health benefits for educational employees; and amending RCW 28A.400.275.

 

Referred to Committee on Commerce & Trade.

 

SB 6136     by Senators McCaslin and Roach

 

AN ACT Relating to authorization of electronic tracking devices for law enforcement purposes; adding a new section to chapter 10.79 RCW; and prescribing penalties.

 

Referred to Committee on Judiciary.

 

SB 6137     by Senators Carlson, Finkbeiner, Horn, Oke and Esser

 

AN ACT Relating to senate confirmation of gubernatorial appointees; and amending RCW 43.06.092.

 

Referred to Committee on Government Operations & Elections.

 

SB 6138     by Senators Kohl-Welles, Carlson, Rasmussen, Schmidt and McAuliffe

 

AN ACT Relating to a master plan for education from prekindergarten through university; creating new sections; and providing an expiration date.

 

Referred to Committee on Higher Education.

 

SB 6139     by Senator Morton

 

AN ACT Relating to underground petroleum storage tanks; and amending RCW 70.148.005, 70.148.020, 70.149.010, 70.149.040, 70.149.070, and 70.149.080.

 

Referred to Committee on Natural Resources, Energy & Water.

 

SB 6140     by Senators Morton, Fraser, Mulliken and Winsley

 

AN ACT Relating to exempting uninhabited electric utility facilities from short plats and subdivision requirements; and amending RCW 58.17.040.

 

Referred to Committee on Land Use & Planning.

 

SB 6141     by Senators Winsley, Kastama, Oke, Franklin, Swecker and Schmidt; by request of Department of Revenue and Department of Veterans Affairs

 

AN ACT Relating to the property taxation of vehicles carrying exempt licenses; and amending RCW 84.36.595.

 

Referred to Committee on Highways & Transportation.

 

SB 6142     by Senators Winsley, Kastama, Oke, Franklin, Swecker, Rasmussen, Keiser, Schmidt and Shin

 

AN ACT Relating to veterans' relief; amending RCW 73.04.080, 73.08.010, 73.08.050, 73.08.070, and 73.08.080; adding new sections to chapter 73.08 RCW; creating a new section; and repealing RCW 73.08.030, 73.08.040, and 73.08.060.

 

Referred to Committee on Government Operations & Elections.

 

SB 6143     by Senators Kastama, Winsley, Oke, Franklin, Rasmussen and Schmidt

 

AN ACT Relating to determining eligibility for veteran's regular or special license plates; and amending RCW 73.04.110.

 

Referred to Committee on Highways & Transportation.

 

SB 6144     by Senators Morton and Deccio

 

AN ACT Relating to opportunities and strategies for improving forest health in Washington; amending RCW 76.04.630; adding new sections to chapter 79.10 RCW; creating new sections; making appropriations; and declaring an emergency.

 

Referred to Committee on Natural Resources, Energy & Water.

 

SCR 8417  by Senators Finkbeiner and Brown

 

Establishing cutoff dates.

 

MOTION

 

      On motion of Senator Esser, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Senate Concurrent Resolution No. 8417, which was advanced to the second reading calendar under suspension of the rules.

 

MOTIONS

 

      On motion of Senator Esser, the Senate advanced to the eighth order of business.

      On motion of Senator Esser, the following resolution was adopted.

 

SENATE RESOLUTION NO. 8686

 

By Senators Finkbeiner and Brown

BE IT RESOLVED, That a committee of four be appointed to notify the House of Representatives that the Senate is now organized and ready to conduct business.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

      In accordance with Senate Resolution No. 8686 the President of the Senate appointed Senators Berkey, Jacobsen, Murray and Pflug to notify the House of Representatives that the Senate is organized and ready to conduct business.

 

MOTION

 

      On motion of Senator Esser, the appointments were confirmed.

      The committee retired to the House of Representatives.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8686.

      The motion by Senator Esser carried and the resolution was adopted by voice vote.

 

MOTION

 

      On motion of Senator Esser, the following resolution was adopted.

 

SENATE RESOLUTION NO. 8687

 

By Senator Finkbeiner

 

      WHEREAS, The Senate adopted permanent rules for the 2003-04 biennium under Engrossed Senate Floor Resolution 2003-8601; and

      WHEREAS, Pursuant to Senate Rule 35, a majority of the Senate may change a rule without notice at the beginning of the Session; and

      WHEREAS, The Senate desires to add one (1) additional member to the Committee on Ways and Means, bringing its total membership to eighteen (18) members; and subtract one (1) member from the Committee on Parks, Fish and Wildlife, bringing its total membership to seven (7) members;

      NOW, THEREFORE, BE IT RESOLVED, That Rule 41 as set forth in Engrossed Senate Floor Resolution 2003-8601 and as amended subsequently in 2003 by Senate Floor Resolution 8603 is amended and adopted as follows:

      "Rule 41. The president shall appoint all conference, special, joint and standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate.

      In the event the senate shall refuse to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.

      The following standing committees shall constitute the standing committees of the senate:

 

 

 

1. Agriculture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

 

2. Children and Family Services and Corrections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

 

3. Commerce and Trade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

 

4. Economic Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 

5. Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

 

6. Financial Services, Insurance and Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

 

7. Government Operations and Elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

 

8. Health and Long-Term Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

 

9. Higher Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

 

10. Highways and Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

 

11. Judiciary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 

12. Land Use and Planning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

 

13. Natural Resources, Energy and Water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 

14. Parks, Fish and Wildlife. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .((8)) 7

 

15. Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

 

16. Technology and Communications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

 

17. Ways and Means. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .((17)) 18"

 

 

                Senator Sheldon, B. moved to amend the resolution.

                Senators Sheldon, B. and Brown spoke in favor of amending the resolution.

                Senator Finkbeiner spoke against amending the resolution.

                The President declared the question before the Senate to be the motion by Senator Sheldon, B. to amend Senate Resolution No. 8687.

                The motion by Senator Sheldon, B. to amend the resolution failed by voice vote.

                The President declared the question before the Senate to be the adoption of Senate Resolution No. 8687.

                The motion by Senator Esser carried and the resolution was adopted by voice vote.

 

COMMITTEE FROM THE HOUSE

 

                A committee from the House of Representatives consisting of Representatives Benson, Cody, Ormsby and Priest appeared before the bar of the Senate and notified the Senate that the House was organized and ready to conduct business.

                The report was received and the committee returned to the House of Representatives.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

                In accordance to HOUSE CONCURRENT RESOLUTION NO. 4412, the President appointed Senators Horn and Kohl-Welles to join a like committee from the House of Representatives to notify the Governor that the Legislature is ready to conduct business.

 

MOTION

 

                On motion of Senator Esser, the appointments were confirmed.

                The committee retired to the office of the Governor.

 

STANDING COMMITTEE ASSIGNMENTS

 

                The President announced the following changes to the 2004 Senate Standing Committee assignments.

                Senator Esser is appointed to replace Senator Sheahan on the Committee on Rules.

                Senator Roach is appointed to the Committee on Rules.

                Senator Esser is removed from the Committee on Parks, Fish and Wildlife.

                Senator Schmidt is appointed to the Committee on Technology & Communications.

                Senator McCaslin is appointed to replace Senator Finkbeiner on the Committee on Technology & Communications.

                Senator Carlson is appointed to the Committee on Ways & Means.

                Senator Murray is appointed to replace Senator Finkbeiner on the Committees on Economic Development, Financial Services, Insurance & Housing and Highways & Transportation.

                Senator Pflug is appointed to replace Senator Zarelli on the Committee on Education.

                Senator Pflug is appointed to replace Senator Mulliken on the Committee on Higher Education.

                Senator Pflug is appointed to the Committee on Ways & Means.

 

                Senator Esser moved that the committee assignments be confirmed.

                The President declared the motion by Senator Esser to confirm the committee assignments passed.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

January 12, 2004

MR. PRESIDENT:

                The House has adopted:

                 HOUSE CONCURRENT RESOLUTION NO. 4412,

 and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

 

January 12, 2004

MR. PRESIDENT:

                The House has adopted:

                 HOUSE CONCURRENT RESOLUTION NO. 4413,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

 

January 12, 2004

MR. PRESIDENT:

                The House has passed:

                 HOUSE BILL NO. 4414,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

 

STANDING COMMITTEE ASSIGNMENTS

 

                The President announced the following changes to the 2004 Senate Standing Committee assignments:

                Senator Berkey is appointed to the Committee on Financial Services, Insurance & Housing.

                Senator Poulsen is appointed to replace Senator Prentice on the Committee on Highways & Transportation.

                Senator Berkey is appointed to the Committees on Government Operations & Elections and Technology & Comunications.

                Senator Prentice is appointed to replace Senator Poulsen on the Committee on Ways & Means.

                Senator Rasmussen is appointed to replace Senator Brown on the Committee on Ways & Means.

 

                Senator Esser moved that the committee assignments be confirmed.

                The President declared the motion by Senator Esser to confirm the committee assignments passed.

                There being no objection, the Senate advanced to the fifth order of business.

 

 

FIRST SUPPLEMENTAL INTRODUCTION FIRST READING OF HOUSE BILLS

 

HCR 4412              by Representatives Kessler and Chandler

 

Notifying the governor that the Legislature is organized.

 

MOTION

 

                Senator Esser moved that the rules be suspended and that House Concurrent Resolution No. 4412 be placed on the second reading calendar.

 

SECOND READING

 

                HOUSE CONCURRENT RESOLUTION NO. 4412, by Representatives Kessler and Chandler

 

Notifying the governor that the Legislature is organized.

 

MOTION

 

                On motion of Senator Esser, the rules were suspended, House Concurrent Resolution No. 4412 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

                The President declared the question before the Senate to be the adoption of House Concurrent Resolution No. 4412.

                HOUSE CONCURRENT RESOLUTION NO. 4412 was adopted by voice vote.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

                In accordance with House Concurrent Resolution No. 4412, the President appointed Senators Horn and Kohl-Welles to inform the Governor that the Senate is organized and ready to conduct business.

 

MOTION

 

                On motion of Senator Esser, the appointments were confirmed.

 

MOTION

 

                On motion of Senator Esser, the Senate reverted to the fifth order of business.

 

SECOND SUPPLEMENTAL INTRODUCTIONS AND FIRST READING OF HOUSE BILLS

 

HCR 4413              by Representatives Kessler and Chandler

 

Specifying the status of bills introduced in previous sessions of the biennium.

 

HCR 4414              by Representatives Kessler and Chandler

 

Calling a joint session to hear the state of the state address.

 

MOTIONS

 

                Senator Esser moved that the rules be suspended and that House Concurrent Resolution No. 4413 and House Concurrent Resolution No. 4414 be placed on the second reading calendar.

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

 

SECOND READING

 

                HOUSE CONCURRENT RESOLUTION NO. 4413, by Representatives Kessler and Chandler

 

Specifying the status of bills introduced in previous sessions of the biennium.

 

MOTION

 

                On motion of Senator Esser, the rules were suspended, House Concurrent Resolution No. 4413, was advanced third reading, second reading considered the third and the resolution was placed on final passage.

                The President declared the question before the Senate to be the adoption of House Concurrent Resolution No. 4413.

                HOUSE CONCURRENT RESOLUTION NO. 4413 was adopted by voice vote.

 

SECOND READING

 

                HOUSE CONCURRENT RESOLUTION NO. 4414, by Representatives Kessler and Chandler

 

Calling a joint session to hear the state of the state address.

 

MOTION

 

                On motion of Senator Esser, the rules were suspended, House Concurrent Resolution No. 4414, was advanced to third reading, first reading considered the third and the resolution was placed on final passage.

                The President declared the question to be the adoption of House Concurrent Resolution No. 4414.

                HOUSE CONCURRENT RESOLUTION NO. 4414 was adopted by voice vote.

 

SECOND READING

 

                SENATE CONCURRENT RESOLUTION NO. 8417, by Senators Finkbeiner and Brown

 

Establishing cutoff dates.

 

By Senators Finkbeiner and Brown

 

                WHEREAS, It is of paramount importance to establish cutoff dates for the consideration of legislation during the 2004 Regular Session of the Fifty-Eighth Legislature;

                NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the following cutoff dates apply to all bills, memorials, and joint resolutions with the exception of budgets, matters necessary to implement budgets, initiatives to the legislature, and alternatives to initiatives to the legislature;

                (1) Friday, February 6, 2004, the twenty-sixth day, will be the final day to read in committee reports in the house of origin with the exception of reports from the Senate Ways and Means and Transportation committees and House of Representatives fiscal committees;

                (2) Tuesday, February 10, 2004, the thirtieth day, will be the final day to read in Senate Ways and Means, Senate Transportation, and House of Representatives fiscal committee reports in the house of origin;

                (3) Tuesday, February 17, 2004, the thirty-seventh day, at 5:00 p.m., will be the final time to consider bills in their house of origin;

                (4) Friday, February 27, 2004, the forty-seventh day, will be the final day to read in committee reports on bills from the opposite house with the exception of reports from the Senate Ways and Means, Senate Transportation, and House of Representatives fiscal committees;

                (5) Monday, March 1, 2004, the fiftieth day, will be the final day to read in Senate Ways and Means, Senate Transportation, and House of Representatives fiscal committee reports on bills from the opposite house; and

                BE IT FURTHER RESOLVED, That after 5:00 p.m. on Friday, March 5, 2004, the fifty-fourth day, neither house may consider any bills, memorials, or joint resolutions except initiatives to the legislature and alternatives to such initiatives, messages pertaining to amendments, matters of differences between the two houses, and matters incident to the interim and to the closing of the business of the 2004 Regular Session of the Legislature.

 

MOTION

 

                On motion of Senator Esser, the rules were suspended, Senate Concurrent Resolution No. 8417 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

                The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8417.

                SENATE CONCURRENT RESOLUTION NO. 8417 was adopted by voice vote.

 

PERSONAL PRIVILEGE

 

                Senator Deccio: “A point of personal privilege Mr. President. On behalf of the Republican Caucus we appreciate your giving Senator Esser on the job training, he’s a quick learner, we appreciate that.”

 

PERSONAL PRIVILEGE

 

                Senator Carlson: “A point of personal privilege Mr. President. Mr. President, ladies and gentleman of the Senate, in December, I had to leave rapidly after the first day of, before the first day of the session, Special Session because unfortunately my wife fell and broke her leg right at the hip. A number of you were kind enough to inquire about how she’s doing and we want to thank you for the lovely flowers that you sent. She enjoyed them in her hospital room for about five days. She is recovering and I am delighted to say that she is walking with a slow methodical process. I’m sorry that I’m not there to assist her because I need to be here, but she is recovering. She has seen the doctor now a second time will be tomorrow and hopefully will be from a walker to a cane and progressing satisfactory but I wanted to thank you for your prayers, for your considerations and your support during a challenging time. I begin to appreciate how a number of you who have spouses and perhaps yourself who’ve had injuries, how this is a very supportive and caring community and I thank you for it.”

 

PERSONAL PRIVILEGE

 

                Senator Deccio: “Also a follow up with a personal privilege. Last year was a very difficult year for my wife and I. She spent eighty-four days in the hospital and your thoughts and prayers and flowers were with us and I’m glad to report we’ve moved into a new house which we love very much. I know my wife is on the mend because she’s driving again and using her credit card.”

 

PERSONAL PRIVILEGE

 

                Senator Oke: “Thank you Mr. President. We seem to have time and I’d like a point of personal privilege myself. I would just like to thank you, the Senate and all of you staff and so forth that prayed for me, that sent flowers. We were inundated with lots of flowers and cards. It was rather a stressful short period for me but I think that I went in for my yearly physical, if you hadn’t heard the little story, the doctor put his hand on my stomach and I think the Lord’s hand was on that hand and he said ‘I think we need to send you to Radiology’ and that morning I was in Radiology and he was doing the thing on my stomach, the ultrasound and about ten minutes later I looked up with a smile and said ‘Do we got twins’ and he didn’t smile, I knew I was in trouble and shortly there after the V. A. Hospital in Seattle did a surgery on me on Thursday and on Monday actually, the doctor come into the room after surgery with a smile and I like that smile but he said ‘had you not been in and had that surgery’ the one aneurysm and it’s not my heart, some people said I had a bad heart, the hearts good, it the aneurysm. The area that had three anurisms and the largest one the doctor said was well over two inches, had very thin covering and ‘less than six months you would have been dead.’ So those that are my age or even younger go for your yearly physicals. Make sure you do get in and get taken care of. In four days Judy was in the room, whose in the back of this room now, the three or four doctors were lined up and I’d had my first meal and I said ‘I’m ready to go home.’ I was still in Intensive Care and they all looked at each other and said No, you can’t do ‘that’ and Judy said ‘No, you can’t do that’ and then half hour later I was on my way home with nurse Judy so it was a short stay and now I have an eleven inch scar but I’m a better person, Senator McCaslin.”

 

PERSONAL PRIVILEGE

 

                Senator Franklin: “Mr. President. A point of personal privilege. Thank you, Mr. President. Well that shows you what preventative health care is all about and that tells us what we should be all about, that is pushing for everyone in the State of Washington to have health care coverage so they would be able to have the preventative health so their lives would be saved and we are so pleased that you then escaped eternity. Your place is waiting but it was not quite ready and so that really, when we experience personally these things ourselves in regards to health it puts a face on it and so that’s why we push so hard for health care and especially not crisis care but prevention which saves money and health. Thank you.”

 

PERSONAL PRIVILEGE

 

                Senator McCaslin: “A point of personal privilege. Of course my prayers have been with you always and I would go and recite all my surgeries but I understand it’s only a sixty day session.”

 

PERSONAL PRIVILEGE

 

                Senator Kline: “A point of personal privilege Mr. President. Mr. President, when the good Senator from Gig Harbor, his Legislative Aide sent out word that he’d had this problem, she asked that we include him in our prayers. I did that, but I did something more for the good Senator. I included him in my sit ups. I knew that when he was down that was gonna be about a good one-hundred sit ups per day that wasn’t being done and I felt my own sit up output which was then from thirty to sixty or from sixty to one-hundred twenty. I’ve since gone to one-hundred fifty and I can tell you that at the end of a good session of sit ups I may not be praying for Senator Oke but I am invoking His name. Thank you, Mr. President.”

 

PERSONAL PRIVILEGE

 

                Senator Thibaudeau: “A point of personal privilege. Well, the feminist among us and I would certainly hope that Senator Deccio might be considered such. Really do appreciate having credit cards all of our own. Maybe she’s even buying something for you. I even got one in my own name these days, not just my husbands. So Senator Deccio I don’t know which ones Mrs. Deccio has. I hope she’s spending it wisely, now, no, you don’t know, I bet she pays the bills so she knows. I didn’t ask whether she had an income, I just asked if she paid the bills.

                Let me see, Senator Oke, what am I going to say about you. You went to the V. A., that’s government run health care which has really and I heard one of the directors at a Health Care Conference talk about the kinds of things that they’ve done for health care reform. It’s quite a wonderful, really is very effective and I’m glad it was really good for you. Thank you.”

 

PERSONAL PRIVILEGE

 

                Senator Deccio: “A point of personal privilege. Mr. President, thank you. I wanted Senator McCaslin to hear this. Senator McCaslin, following up on what he said he’s had a lot of operations. As a matter of fact he’s had every kind of surgery there is except a hysterectomy.”

 

REPORT OF COMMITTEE

 

                The Senate Committee composed of Senators Jacobsen, Murray and Pflug appeared before the bar of the Senate and reported that the House of Representatives had been notified that the Senate was organized and ready to conduct business.

                The report was received and the committee was discharged.

 

REPORT OF COMMITTEE

 

                The Senate Committee composed of Senators Horn and Kohl-Welles appeared before the bar of the Senate and reported that the Governor had been notified, under the provisions of HOUSE CONCURRENT RESOLUTION NO. 4412, that the Legislature is organized and ready to conduct business.

                The report was received and the committee was discharged.

 

MOTIONS

 

                On motion of Senator Esser, Rule 46 was suspended for the remainder of the day for the purpose of allowing committees to meet during daily session.

                At 1:25 p.m., on motion of Senator Esser, the Senate went at ease subject to the Call of the President..

 

 

                The Senate was called to order at 2:01 p.m. by President Owen.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

January 12, 2004

 

MR. PRESIDENT:

The House has adopted:

SENATE CONCURRENT RESOLUTION NO. 8417,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

 

 

 

SIGNED BY THE PRESIDENT

The President signed:

SENATE CONCURRENT RESOLUTION NO. 8417.

 

MOTION

 

                At 2:04 p.m., on motion of Senator Esser, the Senate adjourned until 12:00 noon, Tuesday, January 13, 2004.

 

BRAD OWEN, President of the Senate

 

MILTON H. DOUMIT, JR, Secretary of the Senate