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ONE HUNDRED-THIRD DAY
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MORNING SESSION
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Senate Chamber, Cherberg Building, Friday, April 20, 2001
The Senate was called to order at 9:45 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Johnson, McDonald, Rossi and West. On motion of Senator Hewitt, Senator Johnson was excused.
The Sergeant at Arms Color Guard, consisting of Pages Matthew Gorham and Danielle Zook, presented the Colors. Reverend John Shaffer, pastor of the Stanwood United Methodist Church, and a guest of Senator Mary Margaret Haugen, offered the prayer.
PERSONAL PRIVILEGE
Senator Haugen: “A point of personal privilege, Mr. President. I had asked Pastor Shaffer and Barbara to stay for lunch today, but they have to go back and I wanted to share with you why they are going back. Pastor Shaffer is going back to perform a wedding this afternoon for a couple who are eighty-nine and ninety years old. There is hope for all of us. Senator McCaslin is celebrating his birthday today and we thought he might like to know that. Seriously, I really do appreciate having them here.”
PERSONAL PRIVILEGE
Senator McCaslin: “ Mr. President, a point of personal privilege. I have to give credit to Senator Deccio, because he told me the story about the ninety year old who was marrying the eighty-eight year old. He was telling this to a friend and the friend said, ‘Well, is she wealthy?’ The man replied, ‘No, she is broke; she doesn’t have a penny.’ The friend questioned again, ‘Well, does she have a lovely home?’ The reply was, “No, she is homeless and she is going to come and live with me and live off my pension.’ Again the friend asked, ‘Well, what do you see in her?’ The man answered, ‘She drives at night.’
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE GOVERNOR
April 19, 2001
TO THE HONORABLE, THE SENATE AND HOUSE OF REPRESENTATIVES
OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
In compliance with the provision of Section 11 of Article III of the Constitution of the state of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 2000 Second Special Session of the 56th Legislature, copy of which is attached.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
FULL AND UNCONDITIONAL PARDON
OF
ARMANDO GABRIEL GONZALEZ-VILLEGAS
To All to Whom These Presents Shall Come, Greetings:
WHEREAS, on March 15, 1995 Armando Gabriel Gonzalez-Villegas, INS No. A75-101-144, pled guilty to one count of possession of cocaine. In 1990, Mr. Gonzalez-Villegas, then age 19 and a recent immigrant from Mexico, was riding in a car with several acquaintances. Police stopped the car, and one of its occupants (not Mr. Gonzalez-Villegas) was found to possess a small amount of cocaine. Mr. Gonzalez-Villegas was charged with possession of cocaine together with the other occupants of the car. He then returned to Mexico without resolving the legation. On February 18, 1993, Mr. Gonzalez-Villegas married Maricela Hummel, a U.S. citizen but a resident of Mexico. In 1994, Mr. and Mrs. Gonzalez-Villegas moved to the United States. On March 14, 1995, Mr. Gonzalez-Villegas pled guilty to the possession of cocaine charge. He received a sentence of 28 days, which he had already served, and 12 months community supervision. Mr. Gonzalez-Villegas fully completed all terms of his sentence; and
WHEREAS, Mr. Gonzalez-Villegas now has three children, steady employment, is an active and productive member of the community, and is highly regarded by his friends, neighbors and employer. This was the sole criminal offense of his life, and the prosecutor did not oppose the request for this pardon. Mr. Gonzalez-Villegas resides in Washington with his wife, Maricela. They have three children - Priscilla, age 5; Jennifer, age 3; and Sharon, age 23 months. Mr. Gonzalez-Villegas is a dedicated father and husband. Supporting letters from his employers, friends, and his priest describe a strong nuclear family with regular church attendance. There is strong community support for allowing Mr. Gonzalez-Villegas to remain in the United States based upon his contribution to society and dedication to his family, which is clearly evident to others. A family friend and neighbor, Chief Petty Officer Leonard Hartford of the United States Navy, traveled to Olympia and made a strong presentation in person to the Clemency and Pardons Board as to the value of Mr. Gonzalez-Villegas to the community and his family; and
WHEREAS, the United States Immigration and Naturalization Service is seeking to remove Mr. Gonzalez-Villegas from the United States and, if successful, the law would prevent his return for at least ten years. Under current court orders, Mr. Gonzalez-Villegas must be outside of the United States by March 8, 2001. Mr. Gonzalez-Villegas’s removal is being sought pursuant to the retroactive application of the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which was passed by Congress on September 30, 1996. A full and unconditional pardon is the only avenue of relief that will allow Mr. Gonzalez-Villegas to continue his life with his family in the United States; and
WHEREAS, the Clemency and Pardons Board was convinced that Mr. Gonzalez-Villegas has fully paid for his actions, is and will continue to be a worthy and productive member of society in the United States, and that removing him from the United States would serve no purpose other than to destroy the hope and opportunity for this young man to live a productive life in the United States with his family; and
WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and the purpose for Mr. Gonzalez-Villegas’s request, and in light of the circumstances of the crime and all other factors, I have determined that the best interests of justice will be served by this action;
NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Armando Gabriel Gonzalez-Villegas this Full and Unconditional Pardon for the express purpose of allowing him to lawfully remain in the United States and eventually become a citizen of the United States. This Full and Unconditional Pardon does not restore the right to receive, possess, own, ship or transport firearms, and shall not under any circumstances be construed to remove any disability related to firearms under any state or federal law.
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the seal of the state of
Washington to be affixed at Olympia on this
20th day of February, A.D., two thousand one.
SEAL GARY LOCKE
Governor of Washington
BY THE GOVERNOR
SAM REED
Secretary of State
MESSAGES FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5896 and passed the bill without the House amendment(s), and the same is herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 20, 2001
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 1015, and passed the bill as amended by the Senate.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 20, 2001
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1391,
HOUSE BILL NO. 1898.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
April 20, 2001
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
HOUSE BILL NO. 1227,
SECOND SUBSTITUTE HOUSE BILL NO. 1249,
SUBSTITUTE HOUSE BILL NO. 1314.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
April 20, 2001
MR. PRESIDENT:
The Co-Speakers have signed:
SUBSTITUTE HOUSE BILL NO. 1341,
SUBSTITUTE HOUSE BILL NO. 1498,
HOUSE BILL NO. 1567,
HOUSE BILL NO. 1579,
HOUSE BILL NO. 1581,
HOUSE BILL NO. 1750,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1997, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5333,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5413,
SUBSTITUTE SENATE BILL NO. 5438,
SUBSTITUTE SENATE BILL NO. 5474,
SUBSTITUTE SENATE NO. 5637,
ENGROSSES SECOND SUBSTITUTE SENATE BILL NO. 5695,
SUBSTITUTE SENATE BILL NO. 5896.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1341,
SUBSTITUTE HOUSE BILL NO. 1498,
HOUSE BILL NO. 1567,
HOUSE BILL NO. 1579,
HOUSE BILL NO. 1581,
HOUSE BILL NO. 1750,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1997.
PERSONAL PRIVILEGE
Senator Deccio: “A point of personal privilege, Mr. President. Today is a day that will go down in history when we honor someone who looks older than his years--someone you might have the privilege of not calling a friend over these last twenty years--someone who really needs no introduction and we certainly won’t ask him to make one. Today is Bob McCaslin’s seventy-fifth birthday and I think it would be appropriate, Mr. President, if we all sang, ‘Happy Birthday Bob.’”
The Senate sang Happy Birthday to Senator McCaslin.
PERSONAL PRIVILEGE
Senator Hewitt: “I rise to a point of personal privilege, Mr. President. Well, Senator Deccio, you just blew my entire deal. I stayed up all night and had something fixed for Senator McCaslin, this morning. I was going to keep you all in suspense as to what it was, but since there is no suspense any longer, I will just tell you a few stories about Senator McCaslin. I haven’t been here very long, but I have noticed a few things about this gentleman and one of the things that I have noticed about this Senator is he has touched us all in one way or another. You can’t help but love this Senator, although sometimes he can strike you the other way. He loves to nibble. In fact, I keep mints out here on the table and he often walks by--there is a little thing you can drop a nickel in here--that is kind of the entrepreneurship in me, but he is one of the few that doesn’t drop his nickel in and keeps going. I understand that over the years he has been known to have Wheat Thins snuck in on the floor and he would eat those Wheat Thins on the floor.
“I did hear a very good story from Senator Amondson, who is here with us today to help us celebrate this birthday. Here he is over here in the corner--a retired Senator. The story goes something like this: It seems that when these mints that are around on the tables, Bob walks by and eats them at his leisure. Well, one day, someone stuck in a mint that comes from the dentist that is good for plaque. He stuck this mint in his mouth and this thing started foaming and turning a red color and doing all kinds of things. Senator Amondson then calls on Senator McCaslin to ask him a question and he stands up and his mouth is foaming and there is red stuff coming out of his mouth. It makes for a great story. I was wishing that we could have Senator Amondson come on the floor and tell this story this morning, but we weren’t able to. I can tell you that up front we have bags of trail mix and Wheat Thins and we have some Tums for every Senator on the floor, because Bob would like to give back to those who have given to him for the past twenty-one years. Happy Birthday, Bob.”
PERSONAL PRIVILEGE
Senator Hargrove: “A point of personal privilege, Mr. President. Well, I have to say that Senator McCaslin is one of the members of the fat-head caucus. He is the only one here on the floor that has a larger neck than me. However, he is wise enough to buy larger shirts, too. Anyway, Bob, Happy Birthday. I appreciate you very much.”
PERSONAL PRIVILEGE
Senator Snyder: “Thank you, Mr. President. I just want to make a couple remarks here. I am pleased that his birthday has arrived, because he is now older than I am until July 30. I talked to my wife this morning and she said to wish him a Happy Birthday. She always did like younger men. There is another significant birthday today of someone that has gone down in history and it was Adolf Hitler’s birthday today.”
Further debate about Senator McCaslin’s Birthday continued.
POINT OF INQUIRY
Senator Honeyford: “Senator McCaslin, is there any truth to the rumor that you were an advisor to the movie set of ‘Grumpy Old Men?’ Senator McCaslin: “Is that out already?”
Senator Honeyford: “Yes, I think there is one that is now ‘Grumpier Old Men,’ and thought you probably acted in both of them.”
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege, Mr. President. To end debate--Senator Hargrove--what he failed to mention on the fat-head club, he is the president--and I hereby resign. May I say just a couple of words? It is a blessing to reach seventy-five. The only one older than me is Senator Deccio--and the capitol. Senator Snyder is next in July, I believe. Isn’t it amazing the wonderful people that were born in 1926--a vintage year?
“Just think for a minute how very, very fortunate and lucky all of us are as State Senators. When we have over five million people in this state--almost six million--aren’t we fortunate? Just to be serious for a minute, that you are going to represent one hundred twenty thousand people and we in all represent over five million people--almost six--so you are one of a few. God has blessed us all to be able to represent these people. While we have divergence and a difference of opinion, I think we all want the same thing--better things for our citizens, better things for our state, better things for education, better things for children. So, while we may have a few moments here that we may disagree and get all upset, I think we are brothers under the skin and brothers for a certain cause and that cause is to help people. Consider yourself very lucky. I consider the people you represent very lucky, because you are all very serious and intelligent hard working people. I thank God and I thank you for this day.”
MOTION
At 10:04 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 1:35 p.m. by President Owen.
MESSAGE FROM THE GOVERNOR
April 19, 2001
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on April 19, 2001, Governor Locke approve the following Senate Bills entitled:
` Substitute Senate Bill No. 5014
Relating to harmonizing the definitions of sex and kidnapping offenders under the criminal and registration statutes.
Engrossed Substitute Senate Bill No. 5017
Relating to precursor drugs.
Senate Bill No. 5108
Relating to the growing of short-rotation hardwood trees on agricultural land.
Substitute Senate Bill No. 5255
Relating to the public disclosure of specific and unique information related to criminal acts of terrorism.
Senate Bill No. 5316
Relating to reasonable assurance of employment for employees of educational institutions.
Senate Bill No. 5317
Relating to use of school hours and wages for unemployment compensation claims for educational employees.
Senate Bill No. 5359
Relating to the health professions' use of pro tem board members.
Substitute Senate Bill No. 5497
Relating to excluding farm and agricultural land from forest land under the forest practices act.
Substitute Senate Bill No. 5509
Relating to identification of students, staff, and faculty at institutions of higher education.
Senate Bill No. 5518
Relating to the waiver of motorcycle endorsement examination after satisfactory completion of motorcycle operator training.
Senate Bill No. 5531
Relating to limitations on fishery licenses.
Engrossed Substitute Senate Bill No. 5566
Relating to requiring uniform prescription drug information cards.
Substitute Senate Bill No. 5572
Relating to permissible highway signs.
Substitute Senate Bill No. 5733
Relating to county road construction projects.
Senate Bill No. 5903
Relating to increasing the license surcharge for the impaired physician program.
Engrossed Substitute Senate Bill No. 5970
Relating to probation orders.
Substitute Senate Bill No. 6020
Relating to access to dental care.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator McAuliffe, Gubernatorial Appointment No. 9058, Tom Charouhas, as Chair of the Professional Educator Standards Board, was confirmed.
Senators McAuliffe and Finkbeiner spoke to Tom Charouhas as a Chair of the Professional Educator Standards Board.
APPOINTMENT OF TOM CHAROUHAS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 4; Excused, 1.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Absent: Senators Brown, McDonald, Rossi and West - 4.
Excused: Senator Johnson - 1.
MOTION
On motion of Senator Finkbeiner, the following resolution was adopted:
SENATE RESOLUTION 2001-8679
By Senators Finkbeiner, Johnson and Kohl-Welles
WHEREAS, it is the practice of the Washington State Senate to recognize and honor the contributions of individuals and organizations that reflect standards of excellence and enhance the well-being and quality of life of the citizens of the state of Washington; and
WHEREAS, Junior Achievement of Greater Puget Sound’s purpose is to educate and inspire the young people of this state to value free enterprise, business, and economics in order to improve the quality of the lives; and
WHEREAS, Junior Achievement of Greater Puget Sound serves more than ninety thousand local students each year with in school and interactive online programs, and its annual Job Shadow Day Program; and
WHEREAS, Junior Achievement of Greater Puget Sound provides K-12 classroom programs designed to meet our state’s Essential Academic Learning Requirements at no cost to more than one thousand two hundred schools in more than ninety districts in Benton, Clallam, Franklin, Gray’s Harbor, Island, King, Kitsap, Lewis, Mason, San Juan, Skagit, Snohomish, Pierce, Thurston, Whatcom, and Walla Walla counties; and
WHEREAS, Junior Achievement of Greater Puget Sound draws upon more than three thousand volunteers from local communities annually to serve as role models and classrooms volunteers for its K-12 programs; and
WHEREAS, Junior Achievement of Greater Puget Sound is guided and supported by boards comprised of the leaders of one hundred and thirty of Washington’s best and most philanthropic companies; and
WHEREAS, As part of its ImpACT 2005 goal of annually reaching one hundred and forty thousand local students, Junior Achievement of Greater Puget Sound has undertaken piloting a national program, Experience Junior Achievement, an experiential learning experience for fifth and eighth graders; and
WHEREAS, local high school teams from Eastside Catholic, Lynnwood, and Peninsula High Schools have won all three of the National JA Titan on line business simulation competitions;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and thank Junior Achievement of Greater Puget
Sound Region and its supporters in the business and education communities for these and other outstanding services to this state; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the Office of the Governor, the Principals of Eastside, Lynnwood, and Peninsula High Schools, and David Moore, President, Junior Achievement of Greater Puget Sound.
MOTION
On motion of Senator Kohl-Welles, the following resolution was adopted:
SENATE RESOLUTION 2001-8646
By Senators Kohl-Welles, Horn, McAuliffe, Finkbeiner, Sheldon, B., Shin, Sheahan, Jacobsen, Parlette, Rasmussen, Spanel, Eide, Johnson and Carlson
WHEREAS, The students selected for special recognition as Washington Scholars in 2001 have distinguished themselves as exceptional students, student leaders, and as talented and enthusiastic participants in many diverse activities including art, debate, drama, honor societies, interscholastic sports, Junior Achievement, knowledge competitions, music, and student government; and
WHEREAS, These exemplary students have also contributed to the welfare of those less fortunate in their neighborhoods through volunteer efforts with community service organizations such as the United Way, Special Olympics, March of Dimes, Big Brothers, Big Sisters, community food drives, senior centers, scouting, and church groups; and
WHEREAS, The state of Washington benefits greatly from the accomplishments of these caring and gifted individuals, not only in their roles as students, but also as citizens, role models for other young people, and future leaders of our communities and our state; and
WHEREAS, Through the Washington Scholars Program, the Governor, the Legislature, and the state's citizens have an opportunity to recognize and honor three outstanding seniors from each of the state's forty-nine legislative districts for the students' exceptional academic achievements, leadership abilities, and contributions to their communities;
NOW, THEREFORE, BE IT RESOLVED, That the Senate honor and congratulate the Washington Scholars for their hard work, dedication, contributions, and maturity in achieving this significant accomplishment; and
BE IT FURTHER RESOLVED, That the families of these students be commended for the encouragement and support they have provided to the scholars; and
BE IT FURTHER RESOLVED, That the principals, teachers, and classmates of these highly esteemed students be recognized for the important part they played in helping the scholars to learn, contribute, lead, and excel; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to each of the Washington Scholars selected in 2001.
Senators Kohl-Welles and Horn spoke to Senate Resolution 2001-8646.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MOTIONS
On motion of Senator Eide, Senators Brown and Regala were excused.
On motion of Senator Hewitt, Senator Rossi was excused.
MESSAGE FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
Under suspension of the rules, SUBSTITUTE SENATE BILL NO. 5319 was returned to second reading for purpose of an amendment and the bill passed the House with the following amendment(s):
On page 2, beginning on line 26, strike all of section 2
Renumber the remaining section consecutively and correct any internal references accordingly.
On page 3, line 25, strike "June" and insert "July"
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
Senator Patterson moved that the Senate concur in the House amendments to Substitute Senate Bill No. 5319.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Patterson to concur in the House amendments to Substitute Senate Bill No. 5319.
The motion by Senator Patterson carried and the Senate concurred in the House amendments to Substitute Senate Bill No. 5319.
The President declared the question before the Senate to the roll call on the final passage of Substitute Senate Bill No. 5319, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5319, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Excused: Senators Brown, Johnson, Regala and Rossi - 4.
SUBSTITUTE SENATE BILL NO. 5319, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
The House refuses to recede from its amendment(s) to SENATE BILL NO. 5430, insists on its position and asks the Senate to concur therein, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Costa, the Senate refuses to concur in the House amendment(s) to Senate Bill No. 5430, adheres to its position and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 18, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1120, and asks the Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator McAuliffe, the Senate refuses to recede from its amendment(s) to Substitute House Bill No. 1120, insists on its position and asks the House to concur therein.
MESSAGE FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1325 and asks the Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Kastama, the Senate receded from its amendment(s) to Substitute House Bill No. 1325.
MOTIONS
On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1325 was returned to second reading and read the second time.
On motion of Senator Kastama, the following amendment by Senators Kastama, McCaslin and Patterson was adopted:
On page 2, after line 28, insert the following:
"NEW SECTION. Sec. 2. The joint committee on veterans' and military affairs shall study recommending legislation for the upcoming legislative session that requires the display of the national league of families' POW/MIA flag along with the flag of the United States and the flag of the state upon or near the principal building of the public entity on various holidays."
MOTIONS
On motion of Senator Kastama, the following title amendment was adopted:
On page 1, line 2 of the title, after "RCW;" insert "creating a new section;"
On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1325, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1325, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1325, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Absent: Senators Morton and Parlette - 2.
Excused: Senators Johnson, Regala and Rossi - 3.
SUBSTITUTE HOUSE BILL NO. 1325, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senators Morton and Parlette were excused.
MESSAGE FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1680 and asks the Senate to recede therefrom, and the same are herewith transmitted..
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTIONS
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1680 was returned to second reading and read the second time.
Senator Haugen moved that the Senate reconsider the Committee on Transportation striking amendment adopted April 4, 2001.
The President declared the question before the Senate to be the motion by Senator Haugen that the Senate reconsider the Committee on Transportation striking amendment to Substitute House Bill No. 1680.
The motion by Senator Haugen carried and the Senate will reconsider the Committee on Transportation striking amendment to Substitute House Bill No. 1680.
MOTIONS
On motion of Senator Haugen, the following amendment by Senators Haugen and Benton to the Committee on Transportation striking amendment, on reconsideration, was adopted:
Beginning on page 1, line 7 of the amendment, strike everything through page 9, line 8, and insert the following:
"NEW SECTION. Sec. 1. The legislature finds and declares that a contracting procedure that facilitates construction of transportation facilities in a more timely manner may occasionally be necessary to ensure that construction can proceed simultaneously with the design of the facility. The legislature further finds that the design-build process and other alternative project delivery concepts achieve the goals of time savings and avoidance of costly change orders.
The legislature finds and declares that a 2001 audit, conducted by Talbot, Korvola & Warwick, examining the Washington state ferries' capital program resulted in a recommendation for improvements and changes in auto ferry procurement processes. The auditors recommended that auto ferries be procured through use of a modified request for proposals process whereby the prevailing shipbuilder and Washington state ferries engage in a design and build partnership. This process promotes ownership of the design by the shipbuilder while using the department of transportation's expertise in ferry design and operations. Alternative processes like design-build partnerships can promote innovation and create competitive incentives that increase the likelihood of finishing projects on time and within the budget.
The purpose of this act is to authorize the department's use of a modified request for proposals process for procurement of auto ferries, and to prescribe appropriate requirements and criteria to ensure that contracting procedures for this procurement process serve the public interest.
NEW SECTION. Sec. 2. A new section is added to chapter 47.20 RCW to read as follows:
The department of transportation shall develop a process for awarding competitively bid highway construction contracts for projects over ten million dollars that may be constructed using a design-build procedure. As used in this section and section 3 of this act, "design-build procedure" means a method of contracting under which the department of transportation contracts with another party for the party to both design and build the structures, facilities, and other items specified in the contract.
The process developed by the department must, at a minimum, include the scope of services required under the design-build procedure, contractor prequalification requirements, criteria for evaluating technical information and project costs, contractor selection criteria, and issue resolution procedures. This section expires April 30, 2008.
NEW SECTION. Sec. 3. A new section is added to chapter 47.20 RCW to read as follows:
The department of transportation may use the design-build procedure for public works projects over ten million dollars where:
(1) The construction activities are highly specialized and a design-build approach is critical in developing the construction methodology; or
(2) The projects selected provide opportunity for greater innovation and efficiencies between the designer and the builder; or
(3) Significant savings in project delivery time would be realized.
This section expires April 30, 2008.
NEW SECTION. Sec. 4. A new section is added to chapter 47.60 RCW to read as follows:
(1) The department may purchase new auto ferries through use of a modified request for proposals process whereby the prevailing shipbuilder and the department engage in a design and build partnership for the design and construction of the auto ferries. The process consists of the three phases described in subsection (2) of this section.
(2) The definitions in this subsection apply throughout sections 5 through 10 of this act.
(a) "Phase one" means the evaluation and selection of proposers to participate in development of technical proposals in phase two.
(b) "Phase two" means the preparation of technical proposals by the selected proposers in consultation with the department.
(c) "Phase three" means the submittal and evaluation of bids, the award of the contract to the successful proposer, and the design and construction of the auto ferries.
NEW SECTION. Sec. 5. A new section is added to chapter 47.60 RCW to read as follows:
To commence the request for proposals process, the department shall publish a notice of its intent once a week for at least two consecutive weeks in at least one trade paper and one other paper, both of general circulation in the state. The notice must contain, but is not limited to, the following information:
(1) The number of auto ferries to be procured, the auto and passenger capacities, the delivery dates, and the estimated price range for the contract;
(2) A statement that a modified request for proposals design and build partnership will be used in the procurement process;
(3) A short summary of the requirements for prequalification of proposers including a statement that prequalification is a prerequisite to submittal of a proposal in phase one; and
(4) An address and telephone number that may be used to obtain a prequalification questionnaire and the request for proposals.
NEW SECTION. Sec. 6. A new section is added to chapter 47.60 RCW to read as follows:
Subject to legislative appropriation for the procurement of vessels, the department shall issue a request for proposals to interested parties that must include, at least, the following:
(1) Solicitation of a proposal to participate in a design and build partnership with the department to design and construct the auto ferries;
(2) Instructions on the prequalification process and procedures;
(3) A description of the modified request for proposals process. Under this process, the department may modify any component of the request for proposals, including the outline specifications, by addendum at any time before the submittal of bids in phase three;
(4) A description of the design and build partnership process to be used for procurement of the vessels;
(5) Outline specifications that provide the requirements for the vessels including, but not limited to, items such as length, beam, displacement, speed, propulsion requirements, capacities for autos and passengers, passenger space characteristics, and crew size. The department will produce notional line drawings depicting hull geometry that will interface with Washington state ferries terminal facilities. Notional lines may be modified in phase two, subject to approval by the department;
(6) Instructions for the development of technical proposals in phase two, and information regarding confidentiality of technical proposals;
(7) The vessel delivery schedule, identification of the port on Puget Sound where delivery must take place, and the location where acceptance trials must be held;
(8) The estimated price range for the contract;
(9) The form and amount of the required bid deposit and contract security;
(10) A copy of the contract that will be signed by the successful proposer;
(11) The date by which proposals in phase one must be received by the department in order to be considered;
(12) A description of information to be submitted in the proposals in phase one concerning each proposer's qualifications, capabilities, and experience;
(13) A statement of the maximum number of proposers that may be selected in phase one for development of technical proposals in phase two;
(14) Criteria that will be used for the phase one selection of proposers to participate in the phase two development of technical proposals;
(15) A description of the process that will be used for the phase three submittal and evaluation of bids, award of the contract, and postaward administrative activities;
(16) A requirement that the contractor comply with all applicable laws, rules, and regulations including but not limited to those pertaining to the environment, worker health and safety, and prevailing wages;
(17) A requirement that the vessels be constructed within the boundaries of the state of Washington except that equipment furnished by the state and components, products, and systems that are standard manufactured items are not subject to the in-state requirement under this subsection. For the purposes of this subsection, "constructed" means the fabrication, by the joining together by welding or fastening of all steel parts from which the total vessel is constructed, including, but not limited to, all shell frames, longitudinals, bulkheads, webs, piping runs, wire ways, and ducting. "Constructed" also means the installation of all components and systems, including, but not limited to, equipment and machinery, castings, electrical, electronics, deck covering, lining, paint, and joiner work required by the contract. "Constructed" also means the interconnection of all equipment, machinery, and services, such as piping, wiring, and ducting; and
(18) A requirement that all warranty work on the vessel must be performed within the boundaries of the state of Washington, insofar as practical.
NEW SECTION. Sec. 7. A new section is added to chapter 47.60 RCW to read as follows:
Phase one of the request for proposals process consists of evaluation and selection of prequalified proposers to participate in subsequent development of technical proposals in phase two, as follows:
(1) The department shall issue a request for proposals to interested parties.
(2) The request for proposals must require that each proposer prequalify for the contract under chapter 468-310 WAC, except that the department may adopt rules for the financial prequalification of proposers for this specific contract only. The department shall modify the financial prequalification rules in chapter 468-310 WAC in order to maximize competition among financially capable and otherwise qualified proposers. In adopting these rules, the department shall consider factors including, without limitation: (a) Shipyard resources in Washington state; (b) the cost to design and construct multiple vessels under a single contract without options; and (c) the sequenced delivery schedule for the vessels.
(3) The department may use some, or all, of the nonfinancial prequalification factors as part of the evaluation factors in phase one to enable the department to select a limited number of best qualified proposers to participate in development of technical proposals in phase two.
(4) The department shall evaluate submitted proposals in accordance with the selection criteria established in the request for proposals. Selection criteria may include, but are not limited to, the following:
(a) Shipyard facilities;
(b) Organization components;
(c) Design capability;
(d) Build strategy;
(e) Experience and past performance;
(f) Ability to meet vessel delivery dates;
(g) Projected workload; and
(h) Expertise of project team and other key personnel.
(5) Upon concluding its evaluation of proposals, the department shall select the best qualified proposers in accordance with the request for proposals. The selected proposers must participate in development of technical proposals. Selection must be made in accordance with the selection criteria stated in the request for proposals. All proposers must be ranked in order of preference as derived from the same selection criteria.
NEW SECTION. Sec. 8. A new section is added to chapter 47.60 RCW to read as follows:
Phase two of the request for proposals process consists of preparation of technical proposals in consultation with the department, as follows:
(1) The development of technical proposals in compliance with the detailed instructions provided in the request for proposals, including the outline specifications, and any addenda to them. Technical proposals must include the following:
(a) Design and specifications sufficient to fully depict the ferries' characteristics and identify installed equipment;
(b) Drawings showing arrangements of equipment and details necessary for the proposer to develop a firm, fixed price bid;
(c) Project schedule including vessel delivery dates; and
(d) Other appropriate items.
(2) The department shall conduct periodic reviews with each of the selected proposers to consider and critique their designs, drawings, and specifications. These reviews must be held to ensure that technical proposals meet the department's requirements and are responsive to the critiques conducted by the department during the development of technical proposals.
(3) If, as a result of the periodic technical reviews or otherwise, the department determines that it is in the best interests of the department to modify any element of the request for proposals, including the outline specifications, it shall do so by written addenda to the request for proposals.
(4) Proposers must submit final technical proposals for approval that include design, drawings, and specifications at a sufficient level of detail to fully depict the ferries' characteristics and identify installed equipment, and to enable a proposer to deliver a firm, fixed price bid to the department. The department shall reject final technical proposals that modify, fail to conform to, or are not fully responsive to and in compliance with the requirements of the request for proposals, including the outline specifications, as amended by addenda.
NEW SECTION. Sec. 9. A new section is added to chapter 47.60 RCW to read as follows:
Phase three consists of the submittal and evaluation of bids and the award of the contract to the successful proposer for the final design and construction of the auto ferries, as follows:
(1) The department shall request bids for detailed design and construction of the vessels after completion of the review of technical proposals in phase two. The department will review detailed design drawings in phase three for conformity with the technical proposals submitted in phase two. In no case may the department's review replace the builder's responsibility to deliver a product meeting the phase two technical proposal. The department may only consider bids from selected proposers that have qualified to bid by submitting technical proposals that have been approved by the department.
(2) Each qualified proposer must submit its total bid price for all vessels, including certification that the bid is based upon its approved technical proposal and the request for proposals.
(3) Bids constitute an offer and remain open for ninety days from the date of the bid opening. A deposit in cash, certified check, cashier's check, or surety bond in an amount specified in the request for proposals must accompany each bid and no bid may be considered unless the deposit is enclosed.
(4) The department shall evaluate the submitted bids. Upon completing the bid evaluation, the department may select the responsive and responsible proposer that offers the lowest total bid price for all vessels.
(5) The department may waive informalities in the proposal and bid process, accept a bid from the lowest responsive and responsible proposer, reject any or all bids, republish, and revise or cancel the request for proposals to serve the best interests of the department.
(6) The department may:
(a) Award the contract to the proposer that has been selected as the responsive and responsible proposer that has submitted the lowest total bid price;
(b) If a contract cannot be signed with the apparent successful proposer, award the contract to the next lowest responsive and responsible proposer; or
(c) If necessary, repeat this procedure with each responsive and responsible proposer in order of rank until the list of those proposers has been exhausted.
(7) If the department awards a contract to a proposer under this section, and the proposer fails to enter into the contract and furnish satisfactory contract security as required by chapter 39.08 RCW within twenty days from the date of award, its deposit is forfeited to the state and will be deposited by the state treasurer to the credit of the Puget Sound capital construction account. Upon the execution of a ferry design and construction contract all proposal deposits will be returned.
(8) The department may provide an honorarium to reimburse each unsuccessful phase three proposer for a portion of its technical proposal preparation costs at a preset, fixed amount to be specified in the request for proposals. If the department rejects all bids, the department may provide the honoraria to all phase three proposers that submitted bids.
NEW SECTION. Sec. 10. A new section is added to chapter 47.60 RCW to read as follows:
(1) The department shall immediately notify those proposers that are not selected to participate in development of technical proposals in phase one and those proposers who submit unsuccessful bids in phase three.
(2) The department's decision is conclusive unless an aggrieved proposer files an appeal with the superior court of Thurston county within five days after receiving notice of the department's award decision. The court shall hear any such appeal on the department's administrative record for the project. The court may affirm the decision of the department, or it may reverse or remand the administrative decision if it determines the action of the department was arbitrary and capricious."
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1680, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1680, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1680, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Johnson, Morton, Parlette, Regala and Rossi - 5.
SUBSTITUTE HOUSE BILL NO. 1680, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625 and asks the Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Zarelli, the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 1625.
MOTIONS
On motion of Senator Zarelli, the rules were suspended, Engrossed Substitute House Bill No. 1625 was returned to second reading and read the second time.
On motion of Senator Zarelli, the following striking amendment by Senators Zarelli, Spanel, Fairley and Honeyford was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. 1999 c 379 s 112 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Development Loan Fund (88-2-006) (00-2-004)
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 558,716
Washington State Development Loan
Account--((State)) Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,439,932
-------------
Subtotal Reappropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,998,648
Appropriation:
Washington State Development Loan
Account--((State)) Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 805,237
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,303,885
Sec. 2. 1999 c 379 s 758 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works: Program (00-1-130)
The appropriation in this section are subject to the following conditions and limitations:
(1) $350,000 is provided for technical engineering analysis and financial planning regarding the conversion to digital transmission for Washington public broadcast stations. The financial plan shall assess state, federal, nonprofit foundations, viewer donations, and other sources of revenue to implement the conversion from analog to digital transmission. The provision of these study funds do not imply a further commitment of funding by the state of Washington.
(2) Funding is provided ((from the state building construction account)) as capital project matching funds to the following colleges: Wenatchee Valley, $250,000; Clark, $250,000; Lake Washington, $300,000; Bellevue, $500,000; Walla Walla, $500,000; Grays Harbor, $400,000. State funds shall be matched by an equal or greater amount of nonstate moneys.
(3) Following the allocation of funds for the projects in subsections (1) and (2) of this section, the appropriations in this section shall support the detailed list of projects maintained by the office of financial management.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,050,000
Community and Technical Colleges Capital Projects
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,800,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,850,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,850,000
Sec. 3. 2000 2nd sp.s. c 1 s 1008 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Legislative Building Renovation
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903, chapter 379, Laws of 1999.
(2) (($2,000,000)) $4,500,000 of the appropriation in this section is provided for design of the interior rehabilitation and exterior preservation ((of)) and earthquake-related costs associated with the state legislative building ((consistent with the recommendations of the commission on legislative building preservation and renovation)). Funds in this subsection are also provided for planning ((and development of)), developing, and securing relocation space for current and future construction projects related to the capitol historic district ((as well as access)) and site improvements ((to the south portico area)).
(3) The department, in consultation with the legislature, the governor, and the state capitol committee, shall immediately begin planning and initiate an accelerated design/construction schedule for the renovation of the state legislative building as follows:
(a) No new permanent buildings shall be constructed, and the department shall follow standards for historic preservation;
(b) The goal shall be to reoccupy the building in time for the 2004 legislative session;
(c) The department shall make temporary accommodations for the displacement of legislators and legislative staff in the John L. O'Brien building, the Pritchard building, the Cherberg building, and the Newhouse building;
(d) The department shall temporarily move the state library to the Sunset Life building by June 30, 2001, and, if needed, the department shall lease storage facilities in Thurston county for books and other library assets;
(e) The department shall make temporary accommodations for other tenants of the state legislative building as follows:
(i) The office of the insurance commissioner shall be temporarily moved to leased space in Thurston county;
(ii) The office of the governor shall be moved to the Insurance building;
(iii) The office of the code reviser and the lieutenant governor shall be moved to a location on the west capitol campus; and
(iv) The other tenants, including the office of the state treasurer, the office of the state auditor, and the office of the secretary of state shall be moved to leased space in Thurston county;
(f) The state legislative building shall be completely vacated by September 15, 2001, to make it available for renovation by the contractor; and
(g) State contracts for the legislative building renovation, Nisqually earthquake repair, and future earthquake mitigation shall conform to all rules, regulations, and requirements of the federal emergency management agency.
(4) $1,000,000 of the appropriation in this section is provided for associated studies including:
(a) A private financing feasibility study;
(b) An investigation of exterior sandstone attachment; and
(c) A space use programming study to include:
(i) A prioritization of uses within the legislative building based on functional affiliation with the legislative process and the ceremonial functions of state-wide office holders that takes into consideration emerging telecommunication capabilities;
(ii) An analysis of space efficiency and space use related to legislative and state-wide ceremonial functions in the following buildings: Cherberg, O'Brien, Pritchard, Newhouse, the governor's mansion, and insurance;
(iii) A review of alternative uses and expansion capabilities for buildings on the capitol campus; and
(iv) By November 30, 2000, the department shall submit a report to the appropriate committees of the legislature on the recommendations of the space use programming study. These recommendations shall be the basis for the planning and development of relocation space for the capitol historic district ((as specified in subsection (2) of this section)).
(((4))) (5) The state capitol committee, in conjunction with a legislative building renovation oversight committee consisting of two members from both the house of representatives and senate, each appointed by legislative leadership, shall:
(a) Develop criteria and guidelines for the space programming study; and
(b) Periodically advise the department regarding the renovation under subsection (3) of this section, the receipt and use of private funds, and other issues that may arise.
(((5))) (6) From the appropriation in this section, up to $10,000 or an amount based on an appraised value may be expended to acquire a photo and document collection of historic significance that depicts legislative activities and facilities.
(7) The department shall report on the progress of accelerated planning, design, and relocations related to the renovation of the state legislative building to the legislature and the governor by July 15, 2001, and September 15, 2001, and shall consult with the legislature and governor on major decisions.
Appropriation:
Capitol Building Construction Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
Thurston County Facilities Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 102,500,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((105,500,000))
108,000,000
Sec. 4. 2000 2nd sp.s. c 1 s 1013 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Special Commitment Center: Phase I (00-2-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903, chapter 379, Laws of 1999.
(2) The appropriation in this section is provided for design, sitework, and construction costs associated with building the first ((48-bed)) housing unit for the special commitment center located at McNeil Island. The department of social and health services shall notify the office of financial management and the legislative fiscal committees if there are changes to the scheduled March 2002 occupancy date.
(3) Within the funds provided in this section, the department of social and health services shall evaluate options and site locations for less restrictive alternative placements. The department of social and health services shall provide a report to the office of financial management and the legislative fiscal committees detailing the results of this evaluation, including statutory changes necessary to implement preferred options, by November 15, 2000.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 64,000,000
NEW SECTION. Sec. 5. A new section is added to 1999 c 379 (uncodified) to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
UW Tacoma Land Acquisition (01-2-029)
Appropriation:
Education Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,500,000
Sec. 6. 1999 c 379 s 937 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Highline Community College - Classroom/Laboratory Building: Construction (98-2-660)
The appropriations in this section are subject to the review and allotment procedures under sections 902 and 903 of this act.
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 310,000
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,900,000
Education Construction Account--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,315,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,215,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 79,717
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,289,717))
7,604,717
NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
MOTIONS
On motion of Senator Zarelli, the following title amendment was adopted:
On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending 1999 c 379 ss 112, 758, and 937 (uncodified); amending 2000 2nd sp.s. c 1 ss 1008 and 1013 (uncodified); adding a new section to 1999 c 379 (uncodified); making appropriations; authorizing expenditures for capital improvements; and declaring an emergency."
On motion of Senator Zarelli, the rules were suspended, Engrossed Substitute House Bill No. 1625, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1625, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1625, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Absent: Senator West - 1.
Excused: Senators Johnson, Regala and Rossi - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator McCaslin, the following resolution was adopted:
SENATE RESOLUTION 2001-8676
By Senators McCaslin, Snyder, Kohl-Welles, McAuliffe and Rasmussen
WHEREAS, it is the tradition of the Washington State Senate to recognize individuals who make extraordinary personal contributions for the benefit of the greater good in times of sudden adversity; and
WHEREAS, on February 28, 2001, the 6.8 magnitude Nisqually Earthquake violently shook Western Washington and the Capital Campus, adversely affecting working conditions and threatening to significantly delay the legislative process; and
WHEREAS, Legislators, staff and family members pulled together in the days immediately following the quake to clean up the damage and transition legislative operations into smaller, less conducive settings, so the Legislature could resume the people's work; and
WHEREAS, the teamwork and commitment displayed by all those involved in getting the Legislature operational again was incredibly inspiring and truly indicative of the service oriented attitude so many in the Legislature hold dear; and
WHEREAS, Doug Richards, an artist by hobby, a member of the Senate Security staff, was awestruck by the highly motivated teamwork demonstrated by the Legislature in preparing to finish the public's business, despite significant interruptions caused by the earthquake; and
WHEREAS, Doug Richards, inspired by the collective good done when individuals pulled together to solve shared problems, hand painted a charming mural on the walls of the west stairwell of the John. A. Cherberg Building depicting the efforts of many in cleaning up after the quake; and
WHEREAS, Doug Richards provided a place in the mural for each who experienced the quake on campus to autograph the painting in memory of that experience; and
WHEREAS, the signatures on the mural now number in the hundreds as many of us have visited the stairwell and signed the wall; and
WHEREAS, Doug Richard's mural has become an integral part of the earthquake experience for many who lived it, and an attraction for curious visitors to the campus; and
WHEREAS, the mural reminds each of us of the value of human life, the importance of pulling together in times of trouble and the joy that can come from working together to achieve common goals;
NOW, THEREFORE, BE IT RESOLVED, that the Washington State Senate hereby recognize Doug Richards for his artistic contribution to the Legislature in the aftermath of the Nisqually Earthquake; and
BE IT FURTHER RESOLVED, that the Washington State Senate recommend that the mural be retained after repairs, if safe and feasible, to remind us all of the significance of the quake, the importance of friends and family, and the value of teamwork and cooperation; and
BE IT STILL FURTHER RESOLVED, that immediately upon passage, copies of this resolution be transmitted to the Department of General Administration, Doug Richards, and the Senate Facilities and Operations Committee.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced staff member, Doug Richards, who was seated on the rostrum.
With permission of the Senate, business was suspended to permit Mr. Richards to address the Senate.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
The House refuses to recede from its amendment(s) to SENATE BILL NO. 5275, suspended the rules, returned the bill to second reading and passed the bill with the following amendments:
On page 4, line 37, strike “under what circumstances the auditor may”
On page 10, line 11, strike “basis” and insert “district”, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Patterson, the Senate concurred in the House amendments to Senate Bill No. 5275.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5275, as amended by the House.
MOTIONS
On motion of Senator Hewitt, Senators Deccio and McCaslin were excused.
On motion of Senator Eide, Senators Fairley and Jacobsen were excused.
MOTION
On motion of Senator Honeyford, Senator West was excused.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5275, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 6; Absent, 0; Excused, 8.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Horn, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 35.
Voting nay: Senators Benton, Hewitt, Honeyford, Roach, Stevens and Zarelli - 6.
Excused: Senators Deccio, Fairley, Jacobsen, Johnson, McCaslin, Regala, Rossi and West - 8.
SENATE BILL NO. 5275, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 1041 and asks the Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Klein, the Senate receded from its amendment(s) to Second Substitute House Bill No. 1041.
MOTIONS
On motion of Senator Klein, the rules were suspended, Second Substitute House Bill No. 1041 was returned to second reading and read the second time.
On motion of Senator Klein, the following striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that unlawful harassment directed at a child by a person under the age of eighteen is not acceptable and can have serious consequences. The legislature further finds that some interactions between minors, such as "schoolyard scuffles," though not to be condoned, may not rise to the level of unlawful harassment. It is the intent of the legislature that a protection order sought by the parent or guardian of a child as provided for in this chapter be available only when the alleged behavior of the person under the age of eighteen to be restrained rises to the level set forth in chapter 10.14 RCW.
Sec. 2. RCW 10.14.020 and 1999 c 27 s 4 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct ((is contact by a person over age eighteen that)) would cause a reasonable parent to fear for the well-being of their child.
(2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication. Constitutionally protected activity is not included within the meaning of "course of conduct."
Sec. 3. RCW 10.14.040 and 1995 c 292 s 2 and 1995 c 127 s 2 are each reenacted and amended to read as follows:
There shall exist an action known as a petition for an order for protection in cases of unlawful harassment.
(1) A petition for relief shall allege the existence of harassment and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
(3) All court clerks' offices shall make available simplified forms and instructional brochures. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
(4) Filing fees are set in RCW 36.18.020, but no filing fee may be charged for a petition filed in an existing action or under an existing cause number brought
under this chapter in the jurisdiction where the relief is sought. Forms and instructional brochures shall be provided free of charge.
(5) A person is not required to post a bond to obtain relief in any proceeding under this section.
(6) The parent or guardian of a child under age eighteen may petition for an order of protection to restrain a person ((over)) age eighteen years or over from contact with that child upon a showing that contact with the person to be enjoined is detrimental to the welfare of the child.
(7) The parent or guardian of a child under the age of eighteen may petition in superior court for an order of protection to restrain a person under the age of eighteen years from contact with that child only in cases where the person to be restrained has been adjudicated of an offense against the child protected by the order, or is under investigation or has been investigated for such an offense. In issuing a protection order under this subsection, the court shall consider, among the other facts of the case, the severity of the alleged offense, any continuing physical danger or emotional distress to the alleged victim, and the expense, difficulty, and educational disruption that would be caused by a transfer of the alleged offender to another school. The court may order that the person restrained in the order not attend the public or approved private elementary, middle, or high school attended by the person under the age of eighteen years protected by the order. In the event that the court orders a transfer of the restrained person to another school, the parents or legal guardians of the person restrained in the order are responsible for transportation and other costs associated with the change of school by the person restrained in the order. The court shall send notice of the restriction on attending the same school as the person protected by the order to the public or approved private school the person restrained by the order will attend and to the school the person protected by the order attends.
Sec. 4. RCW 10.14.120 and 1989 c 373 s 14 are each amended to read as follows:
Any willful disobedience by ((the respondent)) a respondent age eighteen years or over of any temporary antiharassment protection order or civil antiharassment protection order issued under this chapter subjects the respondent to criminal penalties under this chapter. Any respondent age eighteen years or over who willfully disobeys the terms of any order issued under this chapter may also, in the court's discretion, be found in contempt of court and subject to penalties under chapter 7.21 RCW. Any respondent under the age of eighteen years who willfully disobeys the terms of an order issued under this chapter may, in the court's discretion, be found in contempt of court and subject to the sanction specified in RCW 7.21.030(4).
Sec. 5. RCW 10.14.170 and 1987 c 280 s 17 are each amended to read as follows:
Any respondent age eighteen years or over who willfully disobeys any civil antiharassment protection order issued pursuant to this chapter shall be guilty of a gross misdemeanor.
Sec. 6. RCW 7.21.030 and 1998 c 296 s 36 are each amended to read as follows:
(1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.
(2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:
(a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.
(b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.
(c) An order designed to ensure compliance with a prior order of the court.
(d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.
(e) In cases under chapters 13.32A, 13.34, and 28A.225 RCW, commitment to juvenile detention for a period of time not to exceed seven days. This sanction may be imposed in addition to, or as an alternative to, any other remedial sanction authorized by this chapter. This remedy is specifically determined to be a remedial sanction.
(3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees.
(4) If the court finds that a person under the age of eighteen years has willfully disobeyed the terms of an order issued under chapter 10.14 RCW, the court may find the person in contempt of court and may, as a sole sanction for such contempt, commit the person to juvenile detention for a period of time not to exceed seven days."
MOTIONS
On motion of Senator Klein, the following title amendment was adopted:
On page 1, line 1 of the title, after "harassment;" strike the remainder of the title and insert "amending RCW 10.14.020, 10.14.120, 10.14.170, and 7.21.030; reenacting and amending RCW 10.14.040; and creating a new section."
On motion of Senator Klein, the rules were suspended, Second Substitute House Bill No. 1041, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1041, as amended by the Senate under suspension of the rules.
MOTIONS
On motion of Senator Eide, Senator Patterson was excused.
On motion of Senator Hewitt, Senator Sheahan was excused.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1041, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 2; Excused, 9.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 38.
Absent: Senators Finkbeiner and Horn - 2.
Excused: Senators Deccio, Fairley, Johnson, McCaslin, Patterson, Regala, Rossi, Sheahan and West - 9.
SECOND SUBSTITUTE HOUSE BILL NO. 1041, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senator Horn was excused.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2104, by House Committee on Appropriations (originally sponsored by Representatives Rockefeller, Sump, Pearson and Doumit)
Providing for an increase in forest fire protection funds.
The bill was read the second time.
MOTION
Senator Hargrove moved that the following amendment by Senators Hargrove, Rossi, Brown, and Tim Sheldon be adopted:
On page 3, after line 25, insert the following:
"In addition to the procedures under this subsection, property owners with multiple parcels in a single county who qualify for a refund under this section may apply to the department on an application listing all the parcels owned in order to have the assessment computed on all parcels but billed to a single parcel. Property owners with the following number of parcels may apply to the department in the year indicated:
Year Number of Parcels
2002 10 or more parcels
2003 8 or more parcels
2004 6 or more parcels
2005 4 or more parcels
2006 and thereafter 2 or more parcels
The department must compute the correct assessment and allocate one parcel in the county to use to collect the assessment. The county must then bill the forest fire protection assessment on that one allocated identified parcel. The landowner is responsible for notifying the department of any changes in parcel ownership."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Rossi, Brown and Tim Sheldon to Substitute House Bill No. 2104.
The motion by Senator Hargrove carried and the amendment was adopted.
MOTION
On motion of Senator Brown, the rules were suspended, Substitute House Bill No. 2104, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2104, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2104, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 40.
Excused: Senators Deccio, Horn, Johnson, McCaslin, Patterson, Regala, Rossi, Sheahan and West - 9.
SUBSTITUTE HOUSE BILL NO. 2104, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
The House refuses to recede from its amendment(s) to ENGROSSED SENATE BILL NO. 5394, insists on its position and asks the Senate to concur therein, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Klein, the Senate refuses to concur in the House amendment(s) to Engrossed Senate Bill No. 5394, insists on its position and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 19, 2001
MR. PRESIDENT:
Under suspension of the rules, SUBSTITUTE SENATE BILL NO. 5988 was returned to second reading for purpose of an amendment and the bill passed the House with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.33A.100 and 1993 c 281 s 50 are each amended to read as follows:
The state investment board shall maintain appropriate offices and employ such personnel as may be necessary to perform its duties. Employment by the investment board shall include but not be limited to an executive director, investment officers, and a confidential secretary, which positions are exempt from classified service under chapter 41.06 RCW. Employment of the executive director by the board shall be for a term of three years, and such employment shall be subject to confirmation of the state finance committee: PROVIDED, That nothing shall prevent the board from dismissing the director for cause before the expiration of the term nor shall anything prohibit the board, with the confirmation of the state finance committee, from employing the same individual as director in succeeding terms. Compensation levels for the executive director, a confidential secretary, and all investment officers, including the deputy director for investment management, employed by the investment board shall be established by the ((Washington personnel resources)) state investment board. The investment board is authorized to maintain a retention pool, from the earnings of the funds managed by the board, in order to address recruitment and retention problems. The compensation levels for investment officers shall be limited to the average of state funds of similar size, based upon a biennial survey conducted by the investment board, with review and comment by the joint legislative audit and review committee. However, in any fiscal year the salary increases granted by the investment board from the retention pool to investment officers pursuant to this section may not exceed an average of five percent.
The investment board shall provide notice to the director of the department of personnel, the director of financial management, and the chairs of the house of representatives and senate fiscal committees of proposed changes to the compensation levels for the positions. The notice shall be provided not less than sixty days prior to the effective date of the proposed changes.
As of July 1, 1981, all employees classified under chapter 41.06 RCW and engaged in duties assumed by the state investment board on July 1, 1981, are assigned to the state investment board. The transfer shall not diminish any rights granted these employees under chapter 41.06 RCW nor exempt the employees from any action which may occur thereafter in accordance with chapter 41.06 RCW.
All existing contracts and obligations pertaining to the functions transferred to the state investment board in this 1980 act shall remain in full force and effect, and shall be performed by the board. None of the transfers directed by this 1980 act shall affect the validity of any act performed by a state entity or by any official or employee thereof prior to July 1, 1981.
Sec. 2. RCW 43.03.028 and 1995 c 67 s 1 are each amended to read as follows:
(1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the Washington personnel resources board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.
(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; ((the state finance committee;)) the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian Pacific American affairs; the state board for volunteer fire fighters and reserve officers; the transportation improvement board; the public employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.
The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.
(3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
Senator Brown moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5988.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Brown that the Senate concur in the House amendment to Substitute Senate Bill No. 5988.
The motion by Senator Brown carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5988.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5988, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5988, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 40.
Excused: Senators Deccio, Horn, Johnson, McCaslin, Patterson, Regala, Rossi, Sheahan and West - 9.
SUBSTITUTE SENATE BILL NO. 5988, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Snyder, all measures acted on today were to be immediately transmitted to the House of Representatives.
MOTION
At 2:59 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 4:50 p.m. by President Owen.
MOTIONS
On motion of Senator Honeyford, Senators Benton, Hewitt, Oke and Winsley were excused.
On motion of Senator Edie, Senators Fairley and Tim Sheldon were excused.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Franklin, Gubernatorial Appointment No. 9008, Reverend Ellis H. Casson, as a member of the Human Rights Commission, was confirmed.
APPOINTMENT OF REVEREND ELLIS H. CASSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 39.
Excused: Senators Benton, Deccio, Fairley, Hewitt, Johnson, Oke, Regala, Rossi, Sheldon, T. and Winsley - 10.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 20, 2001
MR. PRESIDENT:
Under suspension of the rules, ENGROSSED SUBSTITUTE SENATE BILL NO. 5606 was returned to second reading for purpose of an amendment and the bill passed the House with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to authorize the department of social and health services to investigate the background of current and future department employees to the same extent and with the same effect as it has authorized the state to investigate the background and exclude from the provision of service current and future care providers, contractors, volunteers, and others. The department of social and health services must coordinate with the department of personnel to develop rules that address the procedures for undertaking background checks, and specifically what action would be taken against a current employee who is disqualified from his or her current position because of a background check not previously performed.
NEW SECTION. Sec. 2. A new section is added to chapter 9.96A RCW to read as follows:
This chapter is not applicable to the department of social and health services when employing a person, who in the course of his or her employment, has or may have unsupervised access to any person who is under the age of eighteen, who is under the age of twenty-one and has been sentenced to a term of confinement under the supervision of the department of social and health services under chapter 13.40 RCW, who is a vulnerable adult under chapter 74.34 RCW, or who is a vulnerable person. For purposes of this section "vulnerable person" means an adult of any age who lacks the functional, mental, or physical ability to care for himself or herself.
Sec. 3. RCW 28A.400.303 and 1992 c 159 s 2 are each amended to read as follows:
School districts, educational service districts, the state school for the deaf, the state school for the blind, and their contractors hiring employees who will have regularly scheduled unsupervised access to children shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation before hiring an employee. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The requesting entity shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the district, the state school for the deaf, the state school for the blind, or contractor may waive the requirement. The district, pursuant to chapter 41.59 or 41.56 RCW, the state school for the deaf, the state school for the blind, or contractor hiring the employee shall determine who shall pay costs associated with the record check.
Sec. 4. RCW 28A.400.305 and 1996 c 126 s 5 are each amended to read as follows:
The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW on record check information. The rules shall include, but not be limited to the following:
(1) Written procedures providing a school district, state school for the deaf, or state school for the blind employee or applicant for certification or employment access to and review of information obtained based on the record check required under RCW 28A.400.303 ((and 28A.400.304)); and
(2) Written procedures limiting access to the superintendent of public instruction record check data base to only those individuals processing record check information at the office of the superintendent of public instruction, the appropriate school district or districts, the state school for the deaf, the state school for the blind, and the appropriate educational service district or districts.
Sec. 5. RCW 43.20A.710 and 2000 c 87 s 2 are each amended to read as follows:
(1) The secretary shall investigate the conviction records, pending charges ((or)) and disciplinary board final decisions of:
(a) ((Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of)) Any current employee or applicant seeking or being considered for any position with the department who will or may have unsupervised access to children, vulnerable adults, or individuals with mental illness or developmental disabilities((;
(b) Persons being considered for state employment in positions involving unsupervised access to vulnerable adults to conduct)). This includes, but is not limited to, positions conducting comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards;
(((c))) (b) Individual providers who are paid by the state and providers who are paid by home care agencies to provide in-home services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW; and
(((d))) (c) Individuals or businesses or organizations for the care, supervision, case management, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to services contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW.
(2) The investigation may include an examination of state and national criminal identification data. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants.
(3) An individual provider or home care agency provider who has resided in the state less than three years before applying for employment involving unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must be fingerprinted for the purpose of investigating conviction records both through the Washington state patrol and the federal bureau of investigation. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110. However, this subsection does not supersede RCW 74.15.030(2)(b).
(4) An individual provider or home care agency provider hired to provide in-home care for and having unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must have no conviction for a disqualifying crime under RCW 43.43.830 and 43.43.842. An individual or home care agency provider must also have no conviction for a crime relating to drugs as defined in RCW 43.43.830. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110.
(5) The secretary shall provide the results of the background check on individual providers to the persons hiring them or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If the person elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, then the secretary shall deny payment for any subsequent services rendered by the disqualified individual provider.
(6) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.
NEW SECTION. Sec. 6. A new section is added to chapter 41.06 RCW to read as follows:
(1) The board shall amend any existing rules established under RCW 41.06.475 and adopt rules developed in cooperation and agreement with the department of social and health services to implement the provisions of this act.
(2) The legislature's delegation of authority to the agency under this act is strictly limited to:
(a) The minimum delegation necessary to administer the act's clear and unambiguous directives; and
(b) The administration of circumstances and behaviors foreseeable at the time of enactment.
NEW SECTION. Sec. 7. A new section is added to chapter 41.06 RCW to read as follows:
The personnel resources board must develop policy recommendations addressing the action that will be taken if a background check result disqualifies an employee from his or her current position. A report of the recommendations developed must be delivered to the legislature by December 1, 2001.
”Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Haugen, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5606.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5606, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5606, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 40.
Excused: Senators Benton, Fairley, Hewitt, Johnson, Oke, Regala, Rossi, Sheldon, T. and Winsley - 9.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5606, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 20, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1418, and ask the Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Brown, the Senate refuses to recede from the Senate amendment(s) to Engrossed Substitute House Bill No. 1418, insists on its position and asks the House to concur therein.
MESSAGE FROM THE HOUSE
April 20, 2001
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 2247, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
EHB 2247 by Representatives Crouse, Poulsen and Edwards
Managing energy supply and demand.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Engrossed House Bill No. 2247 was advanced to second reading and placed on the second reading calendar.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9132, Patricia A Wasley, as a member of the Professional Educator Standards Board, was confirmed.
APPOINTMENT OF PATRICIA A. WASLEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 42.
Excused: Senators Benton, Fairley, Hewitt, Oke, Regala, Sheldon, T. and Winsley - 7.
MOTION
On motion of Senator McAuliffe, Gubernatorial Appointment No. 9060, Pat E. Clothier, as a member of the Board of Trustees for the State School for the Deaf, was confirmed.
APPOINTMENT OF PAT E. CLOTHIER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 42.
Excused: Senators Benton, Fairley, Hewitt, Oke, Regala, Sheldon, T. and Winsley - 7.
MOTION
On motion of Senator Spanel, Gubernatorial Appointment No. 9099, C. Thomas Moser, as a member of the Board of Trustees for Skagit Valley Community College District No. 4, was confirmed.
APPOINTMENT OF C. THOMAS MOSER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 42.
Excused: Senators Benton, Fairley, Hewitt, Oke, Regala, Sheldon, T. and Winsley - 7.
SECOND READING
MOTION
On motion of Senator Honeyford, Gubernatorial Appointment No. 9073, San Juana Gonzalez, as a member of the Board of Trustees for Yakima Community College District No. 16, was confirmed.
APPOINTMENT OF SAN JUANA GONZALEZ
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 42.
Excused: Senators Benton, Fairley, Hewitt, Oke, Regala, Sheldon, T. and Winsley - 7.
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9126, Joe Taller as a member of the Parks and Recreation Commission was confirmed.
APPOINTMENT OF JOE TALLER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 42.
Excused: Senators Benton, Fairley, Hewitt, Oke, Regala, Sheldon, T. and Winsley - 7.
SECOND READING
ENGROSSED HOUSE BILL NO. 2247, by Representatives Crouse, Poulsen and Edwards
Managing energy supply and demand.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Engrossed House Bill No. 2247 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2247, under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2247, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 1; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, West and Zarelli - 41.
Voting nay: Senator Thibaudeau - 1.
Excused: Senators Benton, Fairley, Hewitt, Oke, Regala, Sheldon, T. and Winsley - 7.
ENGROSSED HOUSE BILL NO. 2247, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 5:47 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Saturday, April 21, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate