MORNING SESSION

Senate Chamber, Olympia, Wednesday, May 4, 2011

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 with the exception of Senators Benton, Hewitt, Prentice, Ranker and Zarelli.

The Sergeant at Arms Color Guard consisting of Senate Production Services staff Steve Parten and Jay Schaff, presented the Colors. Senator Fraser offered the prayer.

MOTION

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

MOTION

On motion of Senator Ericksen, Senators Benton, Hewitt, Holmquist Newbry, Pflug, Swecker and Zarelli were excused.

MOTION

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

MOTION

Senator Carrell moved adoption of the following resolution:

SENATE RESOLUTION
8661

By Senators Carrell, Hobbs, Hatfield, Kohl-Welles, Kilmer, Holmquist Newbry, Haugen, Shin, Conway, Eide, Baumgartner, White, Chase, Baxter, Delvin, Roach, and Fraser

WHEREAS, The Senate joins with people across Washington State, the nation, and the world in experiencing a sense of relief that the United States conducted a successful operation on May 1, 2011, that located, and ended the life of, Osama bin Laden, the leader of al-Qaeda, a terrorist organization responsible for the mass murder of thousands of innocent men, women, and children in the United States and many other areas of the world, including Madrid, Afghanistan, Bali, the USS Cole, U.S. embassies in Tanzania and Kenya, and other locations; and

WHEREAS, bin Laden had declared war on America and was the mastermind behind the tragic September 11, 2001, attacks on America that killed thousands of our fellow citizens; and

WHEREAS, In response, the United States and our allies responded by targeting members of al-Qaeda, including their leader bin Laden, through significantly upgraded and coordinated intelligence systems heeding and building upon the recommendations of the 9-11 Commission; and

WHEREAS, President Barack Obama, Commander-in-Chief of our armed forces, oversaw a complex, highly sophisticated process to locate bin Laden, and made the crucial decision to send in an elite, courageous, and heroic team of Navy Seals to put an end to his terrorism; and

WHEREAS, The people of Washington State take pride in the work of the dedicated military men and women living, or stationed, in Washington State who have been in the forefront of the war on terrorism, who protect our country, and who were critical to the success of this mission, including those affiliated with the Washington National Guard and Washington's military bases, including Joint Base Lewis-McChord, Naval Station Everett, Naval Station Kitsap, Naval Station Bangor, Whidbey Island Naval Air Station, and Fairchild Air Force Base; and

WHEREAS, The people of Washington State take similar pride in the valuable work of the men and women in the Madigan Army Medical Center, the Yakima Firing Center, the Thirteenth Coast Guard District, the Marines' 4th Landing Support Battalion (4th LSB), the Air National Guard, the Army National Guard, the Naval Undersea Warfare Center at Keyport, the Washington Puget Sound Naval Shipyard and Intermediate Maintenance Facility; and

WHEREAS, In conducting this operation, and in the extensive, lengthy preparations leading to it, our military forces and intelligence agencies have been a shining example of the discipline, focus, and sacrifice it takes to achieve major success;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honors the strong, thoughtful leadership of President Barack Obama; the coordinated, precision leadership of the Joint Chiefs of Staff and the National Security Council; the tireless, dedicated work of our counter-terrorism professionals; the clear demonstration of leadership, ability, and unstinting bravery of our military forces and intelligence agencies; and the extraordinary skills, courage, and precision teamwork of the highest order of the elite Navy Seals who personally carried out this most complex and dangerous mission; and

BE IT FURTHER RESOLVED, That the Senate expresses its deep appreciation to the dedicated families of these patriotic men and women, who often lose their loved ones in patriotic service to their country; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to President Barack Obama; Secretary of Defense Robert Gates; Secretary of State Hillary Clinton; Admiral Michael Mullen, Chair of the Joint Chiefs of Staff; I Corps Commander Lieutenant General Curtis M. Scaparrotti; Navy Region Northwest Commander Rear Admiral Douglass T. Biesel; Thirteenth Coast Guard District Commander Rear Admiral Gary Blore; Washington Governor Christine Gregoire and First Gentleman Mike Gregoire; Washington National Guard Adjutant General Timothy J. Lowenberg; and Washington Department of Veterans Affairs Director John E. Lee.

Senators Carrell, Hobbs, Baumgartner, Shin, Roach, Sheldon, Becker, Parlette, Haugen and Baxter spoke in favor of adoption of the resolution.

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8661.

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

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced members of the U. S. Military who were seated in the gallery.

MOTION

At 10:59 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 11:52 a.m. by President Owen.

MOTION

On motion of Senator Eide, the Senate reverted to the sixth order of business.

SECOND READING

SENATE BILL NO. 5924, by Senator Zarelli

Regarding the running start program.

MOTION

On motion of Senator Schoesler, Substitute Senate Bill No. 5924 was substituted for Senate Bill No. 5924 and the substitute bill was placed on the second reading and read the second time.

MOTION

Senator Keiser moved that the following amendment by Senators Keiser and Zarelli be adopted:

0)On page 3, line 30, after "(5)", strike the remainder of line 30 through line 38

On page 4, strike lines 1 through 4 and insert the following:

"The office of the superintendent of public instruction, in collaboration with the state board for community and technical colleges and the other institutions of higher education that participate in the running start program, shall monitor enrollment in the running start program and shall report any enrollment declines in the running start program as a result of charging a maximum of ten percent of tuition and fees, in particular any declines in enrollment of running start students with family incomes at or below one hundred twenty-five percent of the median family income, annually to the governor and to the appropriate fiscal and policy committees of the legislature. The first report shall be submitted no later than September 1, 2012."

Senators Keiser and Schoesler spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Keiser and Zarelli on page 3, line 30 to Substitute Senate Bill No. 5924.

The motion by Senator Keiser carried and the amendment was adopted by voice vote.

MOTION

Senator Hargrove moved that the following amendment by Senator Hargrove be adopted:

0)On page 6, after line 10, insert the following:

"NEW SECTION. Sec. 4. A new section is added to chapter 28B.10 RCW to read as follows:

The state universities, the regional universities, and The Evergreen State College must accept the transfer of college-level courses taken by running start students if a student seeking a transfer of the college-level courses has been admitted to the state university, the regional university, or The Evergreen State College, and if the college-level courses are recognized as transferrable by the admitting institution of higher education."

Senators Hargrove and Schoesler spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 6, after line 10 to Substitute Senate Bill No. 5924.

The motion by Senator Hargrove carried and the amendment was adopted by voice vote.

MOTION

There being no objection, the following title amendment was adopted:

On page 1, line 1 of the title, after "program;" strike "and" and on line 2 of the title, after "28B.15.910" insert "; and adding a new section to chapter 28B.10 RCW"

MOTION

On motion of Senator Schoesler, the rules were suspended, Engrossed Substitute Senate Bill No. 5924 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Schoesler and Hargrove spoke in favor of passage of the bill.

MOTION

On motion of Senator White, Senators Prentice and Ranker were excused.

MOTION

On motion of Senator Honeyford, Senator Ericksen was excused.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5924.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5924 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 7; Absent, 0; Excused, 5.

Voting yea: Senators Becker, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pridemore, Regala, Rockefeller, Schoesler, Shin, Swecker, Tom and White

Voting nay: Senators Baumgartner, Baxter, Holmquist Newbry, Pflug, Roach, Sheldon and Stevens

Excused: Senators Benton, Hewitt, Prentice, Ranker and Zarelli

ENGROSSED SUBSTITUTE SENATE BILL NO. 5924, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

At 12:04 p.m., on motion of Senator Eide, the Senate adjourned until 9:30 a.m. Friday, May 6, 2011.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate