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TWENTY-FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 4, 2004
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.
The Sergeant at Arms Color Guard consisting of Pages Logan Beaudoin and Kylie Sessen presented the Colors. Reverend Dr. Jeffrey D. Yergler, pastor of the University Place Presbyterian Church, offered the prayer.
MOTION
On motion of Senator Esser, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
There being no objection, the Senate advanced to the first order of business.
REPORTS OF STANDING COMMITTEES
February 3, 2004
SB 5553 Prime Sponsor, Mulliken: Creating a procedure for landlords to immediately evict tenants involved in criminal activity. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: That Substitute Senate Bill No. 5553 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means. Signed by Senators Benton, Chair; Berkey, Murray and Roach.
Passed to Committee on Ways & Means.
February 2, 2004
SSB 5793 Prime Sponsor, Winsley: Changing on a temporary basis the minimum nonforfeiture amounts applicable to certain contracts of life insurance and annuities. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: That Second Substitute Senate Bill No. 5793 be substituted therefor, and the second substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6115 Prime Sponsor, Roach: Providing a use tax exemption for amusement and recreation services donated to or by nonprofit charitable organizations or state or local governmental entities. Revised for 1st Substitute: Providing a use tax exemption for amusement and recreation services donated to or by nonprofit organizations or state or local governmental entities. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 6115 as recommended by Committee on Government Operations & Elections be substituted therefor, and the substitute bill do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6141 Prime Sponsor, Winsley: Clarifying the property taxation of vehicles carrying exempt licenses. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6179 Prime Sponsor, Franklin: Providing tax incentives for creating low-cost housing. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: Do pass and be referred to Committee on Ways & Means. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Ways & Means.
February 2, 2004
SB 6196 Prime Sponsor, Benton: Allowing single-family residential development outside urban growth areas in areas where housing is not affordable for first-time buyers. Reported by Committee on Land Use & Planning
MAJORITY recommendation: That Substitute Senate Bill No. 6196 be substituted therefor, and the substitute bill do pass. Signed by Senators Mulliken, Chair; Morton, Murray and T. Sheldon.
MINORITY recommendation: Do not pass. Signed by Senator Kline.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6245 Prime Sponsor, Zarelli: Relating to residency teacher certification partnership programs. Reported by Committee on Education
MAJORITY recommendation: That Substitute Senate Bill No. 6245 be substituted therefor, and the substitute bill do pass. Signed by Senators Johnson, Chair; Finkbeiner, Vice Chair; Carlson, Eide, McAuliffe, Pflug, Rasmussen and Schmidt.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6312 Prime Sponsor, Oke: Clarifying seat belt requirements. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass. Signed by Senators Horn, Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Murray, Oke and Spanel.
MINORITY recommendation: Do not pass. Signed by Senators Benton, Vice Chair and Mulliken.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6339 Prime Sponsor, Swecker: Regulating seed-related business practices. Reported by Committee on Agriculture
MAJORITY recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6355 Prime Sponsor, Winsley: Establishing the composition and jurisdiction of city and county disability boards. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Berkey, Fairley, Horn and McCaslin.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6367 Prime Sponsor, Haugen: Protecting the integrity of national historical reserves in the urban growth area planning process. Reported by Committee on Land Use & Planning
MAJORITY recommendation: That Substitute Senate Bill No. 6367 be substituted therefor, and the substitute bill do pass. Signed by Senators Mulliken, Chair; Kline, Morton, Murray and T. Sheldon.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6383 Prime Sponsor, Murray: Regulating insurance. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6402 Prime Sponsor, Benton: Providing the option of keeping landlord trust account funds in a credit union. Revised for 1st Substitute: Giving landlords the flexibility to deposit landlord trust account funds in any financial institution. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: That Substitute Senate Bill No. 6402 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6403 Prime Sponsor, Hewitt: Authorizing projects recommended by the public works board. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6413 Prime Sponsor, Mulliken: Modifying impact fee provisions. Reported by Committee on Land Use & Planning
MAJORITY recommendation: That Substitute Senate Bill No. 6413 be substituted therefor, and the substitute bill do pass. Signed by Senators Mulliken, Chair; Morton, Murray and T. Sheldon.
MINORITY recommendation: Do not pass. Signed by Senator Kline.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6418 Prime Sponsor, Roach: Consolidating and clarifying election-related crimes. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Berkey, Fairley, Horn and McCaslin.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6434 Prime Sponsor, Benton: Regulating capital calls by domestic mutual insurers. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6448 Prime Sponsor, Zarelli: Transferring responsibility for collecting certain telephone program excise taxes from the department of social and health services to the department of revenue. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Johnson, Pflug, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6451 Prime Sponsor, Deccio: Preserving nursing home funding. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: That it be referred to Committee on Ways & Means without recommendation. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Franklin, Keiser, Parlette and Thibaudeau.
Passed to Committee on Ways & Means.
February 3, 2004
SB 6453 Prime Sponsor, Roach: Enacting a modified blanket primary. Revised for 1st Substitute: Enacting the Qualifying Primary Act. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: That Substitute Senate Bill No. 6453 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Berkey, Fairley and McCaslin.
MINORITY recommendation: Do not pass. Signed by Senator Horn.
Passed to Committee on Ways & Means.
February 2, 2004
SB 6476 Prime Sponsor, Mulliken: Designating manufactured housing communities as nonconforming uses. Reported by Committee on Land Use & Planning
MAJORITY recommendation: Do pass. Signed by Senators Mulliken, Chair; Kline, Morton, Murray and T. Sheldon.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6493 Prime Sponsor, Horn: Changing provisions relating to responsibility for costs of elections. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Berkey, Fairley, Horn and McCaslin.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6511 Prime Sponsor, McCaslin: Prohibiting restrictions on the location of manufactured homes based exclusively on age and dimensions. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6514 Prime Sponsor, Prentice: Requiring information for licensing actions by the department of financial institutions. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: That Substitute Senate Bill No. 6514 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6519 Prime Sponsor, Benton: Regulating third party utility billings. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: That Substitute Senate Bill No. 6519 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6545 Prime Sponsor, Schmidt: Exempting from public disclosure certain records filed with the utilities and transportation commission. Reported by Committee on Technology & Communications
MAJORITY recommendation: Do pass. Signed by Senators Schmidt, Chair; Esser, Vice Chair; Berkey, Eide, McCaslin, Poulsen and Stevens.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6546 Prime Sponsor, Prentice: Establishing confidentiality for certain compliance review documents of nonbank financial services companies. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: Do pass. Signed by Senators Benton, Chair; Berkey, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6557 Prime Sponsor, Schmidt: Creating reporting exemption for competitive local exchange companies. Reported by Committee on Technology & Communications
MAJORITY recommendation: That Substitute Senate Bill No. 6557 be substituted therefor, and the substitute bill do pass. Signed by Senators Schmidt, Chair; Esser, Vice Chair; Berkey, Eide, McCaslin, Poulsen and Stevens.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6573 Prime Sponsor, Roach: Presenting an instrument to a county auditor or recording officer for recording. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Berkey, Fairley, Horn and McCaslin.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6593 Prime Sponsor, Prentice: Prohibiting discrimination against consumers' choices in housing. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6598 Prime Sponsor, Esser: Regulating the provision of wholesale telecommunications services by public utility districts. Reported by Committee on Technology & Communications
MAJORITY recommendation: That Substitute Senate Bill No. 6598 be substituted therefor, and the substitute bill do pass. Signed by Senators Schmidt, Chair; Esser, Vice Chair; Eide, McCaslin and Stevens.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6619 Prime Sponsor, Honeyford: Enhancing fiscal impact statements for ballot measures. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: That Substitute Senate Bill No. 6619 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Berkey, Horn and McCaslin.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6623 Prime Sponsor, Prentice: Regulating insurable interests and employer-owned life insurance. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6639 Prime Sponsor, Roach: Requiring absentee ballots to reach the auditor by election day. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: That Substitute Senate Bill No. 6639 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Stevens, Vice Chair; Berkey, Fairley, Horn and McCaslin.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6656 Prime Sponsor, Schmidt: Revising the Washington telephone assistance program. Reported by Committee on Technology & Communications
MAJORITY recommendation: That Substitute Senate Bill No. 6656 be substituted therefor, and the substitute bill do pass. Signed by Senators Schmidt, Chair; Esser, Vice Chair; Berkey, Eide, McCaslin, Poulsen and Stevens.
Passed to Committee on Rules for second reading.
February 2, 2004
SB 6661 Prime Sponsor, Esser: Allowing assumptions of water-sewer districts by code cities. Reported by Committee on Land Use & Planning
MAJORITY recommendation: Do pass. Signed by Senators Mulliken, Chair; Kline, Morton, Murray and T. Sheldon.
Passed to Committee on Rules for second reading.
February 3, 2004
SB 6675 Prime Sponsor, Horn: Modifying unclaimed property laws for gift certificates. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: That Substitute Senate Bill No. 6675 be substituted therefor, and the substitute bill do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
February 2, 2004
SJM 8037 Prime Sponsor, Benton: Requesting that the congressional delegation of the state of Washington work to pass a permanent ban on Internet access taxes. Reported by Committee on Technology & Communications
MAJORITY recommendation: That Substitute Senate Bill No. 8037 be substituted therefor, and the substitute bill do pass. Signed by Senators Schmidt, Chair; Esser, Vice Chair; McCaslin and Stevens.
Passed to Committee on Rules for second reading.
February 3, 2004
SJM 8050 Prime Sponsor, Sheahan: Informing Congress of Washington's expertise in animal disease. Reported by Committee on Agriculture
MAJORITY recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen, Rasmussen and Sheahan.
Passed to Committee on Rules for second reading.
February 3, 2004
SJM 8052 Prime Sponsor, Benton: Requesting that the congressional delegation of the state of Washington work to pass lifetime and retirement savings accounts. Reported by Committee on Financial Services, Insurance & Housing
MAJORITY recommendation: Do pass. Signed by Senators Benton, Chair; Berkey, Murray, Prentice and Roach.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Esser, all measures listed on the Standing Committee report were referred to the committees as designated with the exception of Senate Bill No. 6453 which was referred to the Committee on Ways & Means.
MOTION
On motion of Senator Esser, the Senate advanced to the fifth order of business.
INTRODUCTIONS AND FIRST READING
SB 6715 by Senators Hewitt, McCaslin and Deccio
AN ACT Relating to dissolving or deactivating joint housing authorities; and amending RCW 35.82.300 and 35.82.320.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6716 by Senators Murray, Kline and McAuliffe
AN ACT Relating to providing incentives for the voluntary option for retail electric customers to purchase qualified alternative energy resources from their electric utility suppliers; amending RCW 82.16.0491; reenacting and amending RCW 19.29A.090; adding new sections to chapter 82.16 RCW; creating a new section; providing an effective date; and providing expiration dates.
Referred to Committee on Natural Resources, Energy & Water.
SB 6717 by Senators Jacobsen, Swecker, Shin, Kline, Brown, Kohl-Welles, Spanel and T. Sheldon
AN ACT Relating to public confidence in election results; amending RCW 29A.12.020, 29A.12.050, 29A.12.080, 29A.12.100, 29A.44.250, 29A.60.060, 29A.60.110, 29A.60.170, 29A.60.210, 29A.60.230, 29A.64.010, 29A.64.020, 29A.64.090, 29A.04.007, and 29A.04.019; reenacting and amending RCW 42.17.2401; adding new sections to chapter 29A.12 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations & Elections.
SB 6718 by Senators Poulsen and Zarelli
AN ACT Relating to clarifying remedies for local governments for hazardous waste cleanup financial assistance; amending RCW 70.105D.070 and 70.105D.080; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 6719 by Senators Mulliken and Benton
AN ACT Relating to the oath of office; amending RCW 2.04.080, 2.06.085, 2.08.080, 2.08.180, 2.24.020, 3.34.080, 3.50.097, 28A.330.060, 28A.343.360, 35.20.180, and 43.01.020; and adding a new section to chapter 43.01 RCW.
Referred to Committee on Government Operations & Elections.
SB 6720 by Senators Honeyford, Mulliken, Rasmussen, Sheahan, Parlette, Morton and Swecker
AN ACT Relating to a property tax exemption for certain land zoned or designated for agricultural use; adding a new section to chapter 84.36 RCW; and creating a new section.
Referred to Committee on Natural Resources, Energy & Water.
SB 6721 by Senators Regala, Stevens, Hargrove and Benton
AN ACT Relating to resolving conflicting amendments and effective dates to RCW 71.05.390, which concerns disclosure of confidential information and records; and reenacting RCW 71.05.390.
Referred to Committee on Children & Family Services & Corrections.
SJM 8053 by Senators Thibaudeau, Kohl-Welles, Kline, McAuliffe and Spanel
Requesting changes to the Patriot Act.
Referred to Committee on Judiciary.
INTRODUCTIONS AND FIRST READING OF HOUSE BILL
ESHB 1005 by House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives Morris, Linville, Wood, Anderson, Fromhold, Conway, Kessler, O'Brien, Kenney, Haigh, Schual-Berke and Sullivan)
Creating the joint task force on long-term energy supply.
Referred to Committee on Natural Resources, Energy & Water.
MOTION
On motion of Senator Esser, all measures listed on the Introductions and First Reading report were referred to the committees as designated.
MOTION
On motion of Senator Esser, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Benton, the following resolution was adopted:
WHEREAS, Masonic Lodges have played a critical role in the social, cultural, and spiritual development of communities around the state; and
WHEREAS, The spirit of philanthropy with which Masonic Lodges are imbued has led to many charitable works and projects being undertaken around the state; and
WHEREAS, The Mt. Hood Masonic Lodge #32 of Vancouver saw a need to help those in the navy and their families have opportunities for culture and recreation while serving; and
WHEREAS, The Mt. Hood Masonic Lodge #32 of Vancouver sought to help fill that need by collecting over 2,300 books to present to those sailors serving aboard the U.S.S. Sacramento, a fast combat support ship built at the Puget Sound Naval Shipyard in Bremerton, one of the largest ships ever constructed on the west coast; and
WHEREAS, The Mt. Hood Masonic Lodge #32 F & AM and the Masonic Travel Club Chapter 83 of Vancouver sought to help fill that need by collecting over 3,600 books to build a new library for those sailors serving aboard the U.S.S. Sacramento, a fast combat support ship built at the Puget Sound Naval Shipyard in Bremerton, one of the largest ships ever constructed on the west coast; and
NOW, THEREFORE, BE IT RESOLVED, That the Senate honor and express its appreciation for the charitable efforts of Mt. Hood Masonic Lodge #32 of Vancouver and Masonic Travel Club Chapter 83; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Mt. Hood Masonic Lodge #32 of Vancouver and Masonic Travel Club Chapter 83.
Senators Benton, Sheldon, B., and Haugen spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8688.
The motion by Senator Benton carried and the resolution was adopted by voice vote.
MOTION
On motion of Senator Esser, Senate Rule 20 was suspended for the remainder of the day to allow consideration of additional floor resolutions.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Walt Lennox of the Bigfoot 83 Travel Lodge, and members of the Mt. Hood Masonic Lodge; Mark Williams, Past Master; Roger Saiger, Past Master; Charles Quinlin;, Charles Simms;, Ray Schltz;, Ralph Olsen and Roger Hansen who were seated in the gallery.
MOTION
On motion of Senator Kohl-Welles, the following resolution was adopted:
By Senators Kohl-Welles, Jacobsen, Benton, McAuliffe, Carlson and Johnson
WHEREAS, Participation in athletics is one of the most effective ways for students in the United States to develop leadership skills, self-discipline, initiative, and confidence; and
WHEREAS, Sport and fitness activity contributes to emotional and physical well-being, and both males and females can benefit from both strong minds and strong bodies; and
WHEREAS, The communication, competition, and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, workplace, and society; and
WHEREAS, Early motor skill training and enjoyable experiences of physical activity strongly influence lifelong habits of physical fitness; and
WHEREAS, Individuals who participate in sports have higher levels of self-esteem, less depression, and a reduced risk for disease and other illness; and
WHEREAS, Girls and women historically have had fewer opportunities to participate in school and professional athletics but have made major gains in participation in recent decades; and
WHEREAS, The state of Washington honors the struggle, perseverance, and strength of women who have paved the way for Washington's female athletes; and
WHEREAS, Female student-athletes graduate from high school at a significantly higher rate than female students in general (68 percent and 59 percent, respectively), and teenage female athletes are less than half as likely to become pregnant as female nonathletes (5 percent and 11 percent, respectively); and
WHEREAS, Title IX, the federal law prohibiting sex discrimination in schools and colleges receiving federal funds, has aided in increasing the national average number of collegiate women's sports teams per school from 2.2 in 1971 to an all time high of 8.3, and has aided in increasing the total number of female high school athletes from less than 200,000 in 1971 to almost 3 million today; and
WHEREAS, 67,884 female athletes participate in high school sports in Washington, constituting 44 percent of the total number of athletes as compared to the national average of women participating in sports in high school of 41 percent; and
WHEREAS, High school athletic teams in the state of Washington have achieved many accomplishments that serve as an inspiration to young women to promote the values of teamwork and cooperation. Examples of successful high school athletes and teams include: Chelsea Hunt, soccer player at Jefferson High School in Federal Way, and the Seattle Times' High School Athlete of the Year; Mead High School, winner of the girls 2003 WIAA 4A state Volleyball Championship; Snohomish High School, winner of the girls 2003 WIAA state 4A Cross Country Championship; and Richland High School, winner of the girls 2003 state 4A Soccer Championship; and
WHEREAS, Washington colleges and universities have fostered outstanding achievements in women's athletics, including: The University of Washington's women crew team, the winner of three NCAA Division I Championships; Seattle Pacific University's women gymnastics team, winner of one NCAA Division II Championship; the naming of Paige Benjamin as Washington's NCAA Woman of the Year for her accomplishments on the UW volleyball team; the recipients of NCAA postgraduate scholarships Laura Widman, for her achievements with the Seattle Pacific University Outdoor Track and Field team, and Ellanie Richardson, for her achievements with the Washington State University Outdoor Track and Field team; and the inspiring scholastic improvements at St. Martin's College in Lacey, which since 1995 experienced a 53 percent increase in the percentage of female student athletes that graduate, the greatest increase in NCAA women's sports; and
WHEREAS, Institutions of higher education continue to produce elite athletes competing with pride, commitment, and passion. The participation of Washington female collegiate athletes is among the highest in the country at 48 percent of total athletes. The participation rate of female athletes in community colleges in Washington is 46 percent of total athletes. Currently, there are 250 female athletes participating at Central Washington University, 190 female athletes participating at Eastern Washington University, 56 female athletes participating at The Evergreen State College, 205 female athletes participating at Pacific Lutheran University, 146 female athletes participating at Seattle Pacific University, 181 female athletes participating at Gonzaga University, 95 female athletes participating at Seattle University, 56 female athletes participating at St. Martin's College, 194 female athletes participating at the University of Puget Sound, 313 female athletes participating at the University of Washington, 240 female athletes participating at Washington State University, 211 female athletes participating at Western Washington University, 41 female athletes participating at Walla Walla College, 114 female athletes participating at Whitman College, and 160 female athletes participating at Whitworth College; and
WHEREAS, Washington is honored to host the Seattle Storm, a professional women's basketball sports team, whose professional women athletes have proven that women's sports do not end at the collegiate level. Washington is also honored to have Storm Head Coach Anne Donovan, as women across the country are under represented in leadership positions of coaches, officials, and sports administrators, and there is a demonstrated need for women to serve in these positions to ensure a fair representation of the abilities of women and to provide role models for young female athletes; and
WHEREAS, Lauren Jackson, power forward for the Seattle Storm, was named the 2003 WNBA Most Valuable Player and the Sports Woman of the Year by the Seattle Post-Intelligencer; and
WHEREAS, The number of funded research projects focusing on the specific needs of female athletes is limited, and the information provided by the projects is imperative to the health and performance of future female athletes;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate celebrate Washington Girls and Women in Sports Day on February 4, 2004, and encourage others to observe the day with appropriate ceremonies and activities; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the women's athletic directors of each high school and institution of higher education named in this resolution.
Senators Kohl-Welles, Carlson, Thibaudeau, Jacobsen, Fraser, Benton, Rasmussen, Spanel and Roach spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8701.
The motion by Senator Kohl-Welles carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced guests of Senator Kohl-Welles, Eleanor McElvaine, Head Coach of the Women’s crew team; Adrienne Daigle, UW crew team member; Amy Hacket, University of Puget Sound Athletic Director; Tera Anderson, UPS soccer; Christie Murphy; Olympic High School volleyball team captain, Laura Widman, SPU All-American heptathlete; Lisa Kurtzman, St. Martin’s College golf team captain; and Emily Wofford, St. Martin’s College Volleyball who were seated in the gallery.
Senator Keiser: “A point of personal privilege. Well, the Senator from the thirty-third district thinks it’s appropriate that on this Women in Sports Day we also recognize a state elected official who has recently, last weekend, accomplished a true record in sports. I’m speaking of our Supreme Court Justice Faith Ireland. I don’t know if you are aware but last weekend she went to the women’s national power lifting championships and she set records. She took up this sport it is a sport it is an individual sport a few years ago after having a back injury and I watched her a couple of years ago at her endeavors and she inspired me. I came out of one of our sessions with a permanent neck spasm for good reason. Maybe it was an arm spasm too. I found that by using Justice Ireland’s example and inspiration I was able to put that spasm in it’s place and I no longer have to deal with that irritation, there are a few others still here but that one’s gone. Power lifting does help mature over the teenage-years kinds of physiques and I would recommend it to anyone. Since I’ve began my regiment I’ve discovered something I never had before. A bicep. It’s exciting. Supreme Court Justice Ireland dead lifted two-hundred fifty-three pounds in her contest last weekend. She’s going on now to the masters team. It is a remarkable accomplishment. I commend her to you.”
Senator Brown: “A point of parliamentary inquiry. Thank you Mr. President. I would like to raise a few concerns about the Rules Committee. I understand that we will be heading to the Rules Committee after we go at ease here and the calendar has already been prepared with respect to the bills. Three of the four Rules Committee meetings that we have had this session have occurred in the President’s office and with rather short notice with respect to the rest of the members in terms of the bills that would then be on the floor. The two concerns I’d like to raise are; number one, that when the Rules Committee meeting is held in the Lt. Governor’s office there’s very little access for the public to see the votes and to hear the deliberation that might occur in the committee; and number two, on pieces of important legislation it gives the members very little time to prepare their response. We are very sympathetic and aware of the responsibility of the majority party to move things expeditiously through the process and have no intention of being an obstacle in that matter today. However, I would like to raise the body’s attention to Senate Rule 50 which relates to the Rules Committee and in that rule it states ‘The calendar, except in an emergents situations, as determined by the committee on rules, shall be on the desks and in the office of the senators each day and shall cover the bills for consideration on the next following day.’ So, what I’d like to request of the President as the chair of Rules Committee, if he will review the rules and customary practices related to that committee. Perhaps consult with the majority, minority party leadership on the issues related to the balance between appropriate time for deliberation of the Rules Committee and facilitating the expeditious moving of the bills through the process.”
President Owen: “The President believes that you have raised two questions to be reviewed by the President. The first being: Is it required by the Senate Rules that the public have access to the deliberations of the Rules Committee which is limited when it is done in the President’s office? The second is: Is there a procedure for timely review by the members of those bills prior to the Rules Committee meeting. Does that state your concerns correctly?”
Senator Brown: “Yes, Mr. President. Specifically with respect to the issue of the time between the Rules Committee meeting and when the bills come to the floor. That’s the more specific concern. Sometimes the bills this session the first time we’ve seen the bills so we would be caucusing on them right now and if members wanted to prepare amendments or investigate amendments it would give them very little time to do so.”
President Owen: “Senator, is it your intent that the President review this at this time, prior to today’s Rules Committee meeting?”
Senator Brown: “No, Mr. President. We don’t want to blockade the process today but perhaps if this were to continue to occur in the future essentially I would like your review of the issues so I could bring it before you again.”
President Owen: “Thank you.”
MOTION
At 10:43 a.m., on motion of Senator Esser, the Senate was declared to be at ease subject to the Call of the President for purposes of a Rules Committee meeting and caucuses.
The Senate was called to order at 12:00 p.m. by President Owen.
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8418, by Senators Berkey, Swecker, Doumit, Schmidt, Mulliken, Parlette, Keiser, Rasmussen, Haugen and Murray
Creating a joint select legislative task force to evaluate permitting processes.
MOTIONS
On motion of Senator Berkey, Substitute Senate Concurrent Resolution No. 8418 was substituted for Senate Concurrent Resolution No. 8418 and the substitute resolution was placed on second reading and read the second time.
On motion of Senator Berkey, the rules were suspended, Substitute Senate Concurrent Resolution Bill No. 8418 was advanced to third reading, the second reading considered the third and the resolution was placed on final passage.
Senators Berkey and Morton spoke in favor of passage of the resolution.
The President declared the question before the Senate to be the final passage of Substitute Senate Concurrent Resolution No. 8418.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8418 and the resolution passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, Winsley and Zarelli - 47.
Absent: Senators Oke and Swecker - 2.
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8418, having received the constitutional majority, was declared passed.
Senator McCaslin: “A point of personal privilege. Lord how I wished you’d said no. I just want to tell everyone here today that I’ve been told forty-eight times that she was going to make her maiden speech. Could you imagine my consternation because I’ve got to think of something to say about and we’ve never formerly met. Now, I was reading this, sent out by Senator Carlson. Is he here? Oh there he is. Why don’t you come in and set down and make yourself comfortable Senator? I was reading here about Title IX which prohibits gender discrimination in institutions that receive federal funding. Now I understand we do receive federal funding and you’re going to have to have a resolution to propose Title X where there won’t be gender discrimination because I understand there are sixteen women. Sixteen- that’s more than half. There’s a mathematician, that was more than half over here. I think it was Senator Zarelli. And Readon wasn’t here but what, thirty days. We lose a man, and we gain a woman, Senator Finkbeiner, I told you that I was popular. We welcome you with open arms, but of course we have to be careful because you might file charges about, dare I say the word, harassment or harassment. But I do want to congratulate you, I looked at this book which describes you in the House and you were really gorgeous coming out of high school. Alright, maybe it was junior high, huh. You’re still gorgeous, of course, but we’re not allowed to say that because again sexual harassment so, and you can’t say matronly because you’ll get slapped for that also. I mean men can not win. Right girls. I called them girls, so I’m back in the good side. What happened, what happened. Anyway, we are delighted that you’re here. The House hasn’t called me yet to tell me that this is your first speech but it’s pretty early in the day, so I expect to hear some calls from them. Anyway we welcome you again with open arms, we look forward to serving with you, please don’t tell us to do too many things because we’re a little slow over here.”
President: “Senator Berkey, we have many strict rules of decorum and protocol in this chamber which the President is always enforcing. One of them is, noise abatement and gift giving and I’m looking around here. I don’t see anything... I have one. Thank you.”
Senator McCaslin: “Look at this, I have been here twenty-four years and two women beat me to sucking up to you.”
Senator Deccio: “Mr. President, a point of personal privilege. I would like to invite Senator McCaslin to join me in further sensitivity training.”
Senator Shin: “Mr. President, a point of personal privilege. Why we had lots of laughter and a sense of humor from Senator McCaslin. I’d like to present a serious note about Senator Berkey. 1992 when I was contemplating running for the State Legislature. I looked it over to district, I didn’t know who to ask. I’ve never campaigned before and never run an election before, totally lost. Out of a clear blue sky she showed up. I run campaign for you and I compared her position, my position knowing as you can see me. I waited for four years for this decision because 1987 when Governor Booth Gardner on the way home from China on a trade mission, he said ‘Paull with all the trade savvy we need your help. Why don’t you run for office.’ I said ‘Are you talking to me? He said ‘Ya you’. I was terrified, I was flattered because that confidence in me was over mattered but at the same time my color I was terrified. I said ‘Governor I’m scared, I can’t do it’. He said ‘Whenever you’re ready, I’ll help you.’ It took me four years to think about it, much thinking and contemplation and when I decided whose going to help me and she showed up. And now then, her to know that in life that our professional friends that I can be friends, that are political friends being special as our human friends. She is my human friend to me. She’s responsibible for my coming to the legislature. She ran two campaigns consecutively and both successfully and I wanted to know and her husband by the way, Don judging from the packet that’s from PUD. Is that from your husband? Something to do, both she and her husband played a team work and helped me to get here. I was in awed because the first person I’d ever met with a different color so she come because she was interested in me and helped and I wanted to know that she’s my geninune human friend. I respect her. I used to call her my mom until she came to the Senate, now she’s my baby sister. Thank you Mr. President.”
Senator Honeyford: Mr. President. A point of personal privilege. Well, thank you. I know we’ve all received a lot of emails about out sourcing and those concerns that I happen to notice on the pen that says ‘China’, I turn the cup over and I see ‘China’. I wonder if that requires us to give these back? Would you make a ruling on that please?”
President Owen: “Senator Honeyford, I believe the term ‘China’ on the cup is the type of cup that it is.”
President Owen: “In addressing the parliamentary inquiry raised by Senator Brown as to the practice of the Committee on Rules, the President finds and advises as follows:
The Committee on Rules is generally subject to the same rules and traditions as other standing committees of the Senate, but its practices are further modified by traditions unique to it by its very nature of acting as the final arbiter of which measures are actually considered by the full Senate. Past practice, the sheer volume of bills, the need to conduct orderly and timely business, and the current general inconvenience imposed upon the body by its temporary quarters while the Legislative Building is renovated all militate in favor of conducting some Rules Committee meetings in abbreviated sessions within the Lieutenant Governor's offices, where packages of bills are moved around as deemed advisable by the members.
These factors must be balanced, however, against very strong interests in allowing as much openness to the public and as much notice to the membership as is reasonably possible. Senate Rule 50 provides that the floor calendar is to be placed upon the member's desks and list the bills which will be considered on the following day. There is a major exception to this mandate, however, which is found in the plain language of this same rule. This exception allows the body, in ‘emergent situations,’ at the discretion of the committee, to prepare the calendar and report for consideration those measures which it deems necessary or advisable for consideration at a time it deems necessary or advisable. The President will assume that a particular situation is sufficiently emergent unless the point is challenged by a member and then determined by the committee upon a majority vote– just as is the case with other matters before other committees. Likewise, as with other committee decisions, members who object to a committee determination or action always have the right, pursuant to Senate Rules and practice, to raise a point of order or make an appropriate motion at the appropriate time to object to the adoption of a committee report, the disposition or status of a bill, or the consideration of a particular measure, which would then be decided by an appropriate vote of the full Senate.
In so advising, the President would also add that, while the committee meetings to date have been within the rules of the Senate, the President urges the members to reasonably and fairly balance all of the competing needs and principals at stake to allow as much openness, participation, and notice as to the meetings and the floor calendar as is possible.”
Senator Berkey: “A point of personal privilege, Mr. President. I’ve enjoyed this discussion of the Senate tradition of, once you’ve made your first floor speech, you’re entitled to celebrate your district with the other members. So I want you to join with me now and we’re going to walk visually through the thirty-eighth legislative district. Envision the All-American city, Everett. All American city in 2002. Home to Snohomish County PUD, the third largest public utility in the state. Everett Community College which is the first community college in this state and has a very active foundation as you can see and I could also add that when I was first a student it was Everett Junior College and my dad was on the staff. You’ll find your note taking I think much improved by this lovely purple pen which is from one of our premier aircraft manufacturing companies. One of our colleagues suggested a libation should be in the bag. I might be looking across the aisle at him and so we have a special bottling from the Spada Lake in the Cascade Mountains and this was bottled to celebrate the USS Abraham Lincoln when it returned to port. So I hope you’ll enjoy this Senator Morton. I want you to walk with me a little bit further north. As you leave Everett, you proceed six miles across the Snohomish River in the estuary where we have like a hundred miles of salt and fresh water shorelines you reach Marysville. We all know Marysville is famous for the Strawberry Festival, right Dave. In this case strawberries were not in season, but I had heard that Senator McCaslin likes an occasional snack. In his honor we have smoked fish from the Kenai Peninsula, compliments of the Kasil Fish Company in Marysville. So I appreciate your warm welcome to me in joining the Senate and hope you’ll enjoy these gifts representing the thirty-eighth district. Thank you.”
Senator McCaslin: “Mr. President, ladies and gentlemen of the Senate. I’m glad you described everything that was in the bag because I never got one.”
Senator Deccio: “Thank you, Mr. President. Senator, you know, you said something that’s not correct, you said you wanted a snack. Senator McCaslin always wants the full meal deal.”
MOTION
At 12:20 p.m., on motion of Senator Esser, the Senate adjourned until 12:00 noon, Thursday, February 5, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate