NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
THIRTY-EIGHTH DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Wednesday, February 20, 2002
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Hargrove and Parlette. On motion of Senator Honeyford, Senator Parlette was excused.
The Sergeant at Arms Color Guard, consisting of Pages Erik Breakfield and Phillip Hodgins, presented the Colors. Senator Don Carlson offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
January 25, 2002
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Charles Davis, reappointed January 25, 2002, for a term ending December 26, 2006, as member of the Board of Pilotage Commissioners.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Transportation.
February 5, 2002
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Ann Ramsay-Jenkins, reappointed February 5, 2002, for a term ending June 30, 2005, as a member of the Higher Education Coordinating Board.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Higher Education.
MESSAGES FROM THE HOUSE
February 18, 2002
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1324,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1411,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2305,
HOUSE BILL NO. 2321,
SUBSTITUTE HOUSE BILL NO. 2360,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2376,
SUBSTITUTE HOUSE BILL NO. 2486,
SECOND SUBSTITUTE HOUSE BILL NO. 2511,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2560,
SUBSTITUTE HOUSE BILL NO. 2604,
HOUSE BILL NO. 2666,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2688,
SUBSTITUTE HOUSE BILL NO. 2699,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2707,
HOUSE BILL NO. 2732,
SUBSTITUTE HOUSE BILL NO. 2744,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2750,
SUBSTITUTE HOUSE BILL NO. 2754,
HOUSE BILL NO. 2782,
HOUSE BILL NO. 2817,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2819,
HOUSE BILL NO. 2842,
HOUSE BILL NO. 2891,
HOUSE BILL NO. 2971,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4026, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
February 18, 2002
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1474,
SUBSTITUTE HOUSE BILL NO. 2060,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2224,
SECOND SUBSTITUTE HOUSE BILL NO. 2338,
SECOND SUBSTITUTE HOUSE BILL NO. 2346,
SUBSTITUTE HOUSE BILL NO. 2347,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2544,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2563,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2662,
SUBSTITUTE HOUSE BILL NO. 2845,
HOUSE BILL NO. 2896, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
February 18, 2002
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2540, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6818 by Senators Fairley and Zarelli
AN ACT Relating to state general obligation bonds; amending RCW 39.42.060; adding a new chapter to Title 43 RCW; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 6819 by Senators Brown and Snyder (by request of Office of Financial Management)
AN ACT Relating to temporary amendments to the state's expenditure limitations to address the revenue shortfall in the 2001-2003 biennium; reenacting and amending RCW 43.135.035 and 43.135.045; providing an expiration date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 6820 by Senators Snyder and Brown
AN ACT Relating to transfers from the emergency reserve fund; creating a new section; and declaring an emergency.
Referred to Committee on Ways and Means.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1324 by Representatives Conway, Campbell, Wood, Kenney and Hunt
Expanding membership of the electrical board by appointment of one outside line worker.
Referred to Committee on Labor, Commerce and Financial Institutions.
ESHB 1411 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Veloria, Pennington, Cody, Campbell, Romero, Kenney, Keiser, Schual-Berke, Santos, Dunn, Linville, Boldt, Tokuda, Kagi, Cooper, McIntire and Rockefeller)
Providing public notice of releases of hazardous substances.
Referred to Committee on Environment, Energy and Water.
ESHB 1474 by House Committee on Appropriations (originally sponsored by Representatives Van Luven, Veloria, Fromhold, Dunn, Eickmeyer, Kessler, Kenney, Schmidt, Edmonds, Ogden and Santos) (by request of Governor Locke)
Splitting the department of community, trade, and economic development and reestablishing the department of community development and the department of trade and economic development.
Referred to Committee on State and Local Government.
SHB 2060 by House Committee on Finance (originally sponsored by Representatives Dunn, Cooper, Haigh, Edmonds and Fromhold)
Providing funds for housing projects.
Referred to Committee on Labor, Commerce and Financial Institutions.
ESHB 2224 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Benson and Hatfield)
Licensing specialty producers of certain lines of insurance.
Referred to Committee on Labor, Commerce and Financial Institutions.
ESHB 2305 by House Committee on Local Government and Housing (originally sponsored by Representatives Hatfield, Doumit, Kessler, Grant, Kirby, Edwards and Linville)
Clarifying the application of shoreline master program guidelines and master programs to agricultural activities on agricultural lands.
Referred to Committee on Natural Resources, Parks and Shorelines.
HB 2321 by Representatives McDermott, Schmidt, Romero, Miloscia, Kessler, Mulliken, Benson, Alexander, Haigh, Holmquist and Edwards (by request of Public Disclosure Commission)
Regarding penalties for violations of the public disclosure act.
Referred to Committee on State and Local Government.
2SHB 2338 by House Committee on Appropriations (originally sponsored by Representatives Kagi, Ballasiotes, O'Brien, Lantz, Dickerson, Linville, McIntire, Conway and Wood)
Revising sentences for drug offenses.
Referred to Committee on Judiciary.
2SHB 2346 by House Committee on Appropriations (originally sponsored by Representatives Darneille, Delvin and Dickerson) (by request of Uniform Legislation Commission)
Updating the uniform parentage act.
Referred to Committee on Judiciary.
SHB 2347 by House Committee on Juvenile Justice and Family Law (originally sponsored by Representatives Darneille, Delvin and Dickerson) (by request of Uniform Legislation Commission)
Modifying the uniform interstate family support act.
Referred to Committee on Judiciary.
SHB 2360 by House Committee on Health Care (originally sponsored by Representatives Conway, Campbell, Cody, Edwards, Wood and Schual-Berke)
Regulating negotiations between health providers and health carriers.
Referred to Committee on Health and Long-Term Care.
ESHB 2376 by House Committee on Natural Resources (originally sponsored by Representatives Rockefeller, Doumit, Eickmeyer, Dickerson, Hunt, Lantz, Edwards, Romero, Haigh, McDermott and Jackley)
Concerning abandoned and derelict waterborne vessels.
Referred to Committee on Natural Resources, Parks and Shorelines.
SHB 2486 by House Committee on Finance (originally sponsored by Representatives Jarrett, Simpson, Esser, Carrell, McMorris, McDermott, Cox, Romero and Lovick)
Revising board of tax appeals provisions.
Referred to Committee on Ways and Means.
2SHB 2511 by House Committee on Appropriations (originally sponsored by Representatives O'Brien, Ballasiotes, Schoesler, Kessler, Kirby, Santos, Benson, Edwards, Kenney, Chase, Lovick, Wood and Casada)
Making any robbery within a financial institution a first degree robbery.
Referred to Committee on Judiciary.
ESHB 2540 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Kenney, Wood, Chase, Cooper, Fromhold, Lysen, Campbell, Hunt, Veloria, Cody, Simpson, Haigh, Dickerson, Miloscia, Ogden, Quall, McIntire, Schual-Berke, Santos, McDermott and Kirby)
Authorizing collective bargaining for University of Washington employees who are enrolled in academic programs.
Referred to Committee on Labor, Commerce and Financial Institutions.
ESHB 2544 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Cooper, Benson, Santos, Clements, Simpson, McIntire, Armstrong, Hunt, Romero, Dickerson, Upthegrove, Chase, Ogden, Haigh, Conway, Kenney, Campbell and Linville) (by request of Governor Locke, Insurance Commissioner Kreidler and Attorney General Gregoire)
Restricting use of credit history.
Referred to Committee on Labor, Commerce and Financial Institutions.
ESHB 2560 by House Committee on Transportation (originally sponsored by Representatives Quall, O'Brien, Lovick, Mitchell, Clements, Sump, Simpson, Sehlin, Cooper, Delvin, Boldt, Morell, Kessler, Buck, Hankins, Fisher, Armstrong, Mielke, Rockefeller, Haigh, Nixon, Kenney and Jackley)
Shifting approval of driver training schools from the superintendent of public instruction to the department of licensing.
Referred to Committee on Transportation.
E2SHB 2563 by House Committee on Appropriations (originally sponsored by Representatives Miloscia, O'Brien, Kirby, Kessler, Haigh and McIntire)
Creating the governor's performance audit standards and scorecard commission.
Referred to Committee on State and Local Government.
SHB 2604 by House Committee on Appropriations (originally sponsored by Representatives Clements, Conway, McMorris and Wood)
Modifying new and successor unemployment contribution rates.
Referred to Committee on Labor, Commerce and Financial Institutions.
ESHB 2662 by House Committee on Commerce and Labor (originally sponsored by Representatives McDermott, Wood, Miloscia, O'Brien, Cody, Conway, Edwards, Lysen, Chase and Santos)
Making payroll deductions for individual providers as defined in RCW 74.39A.240(4).
Referred to Committee on Labor, Commerce and Financial Institutions.
HB 2666 by Representatives Veloria, Dunn, Bush, Roach, Casada, Anderson and Santos
Exempting small business innovative research awards from business and occupation tax.
Referred to Committee on Ways and Means.
ESHB 2688 by House Committee on Agriculture and Ecology (originally sponsored by Representative Linville) (by request of Department of Agriculture)
Regulating commodity boards and commissions.
Referred to Committee on Agriculture and International Trade.
SHB 2699 by House Committee on Judiciary (originally sponsored by Representatives Lantz, Ahern, Benson, Crouse, Morell, Miloscia, Schindler, Dunshee and Esser)
Providing immunity for communications with government agencies and self-regulatory organizations.
Referred to Committee on Judiciary.
ESHB 2707 by House Committee on Health Care (originally sponsored by Representatives Edwards, Skinner, Cody and Schual-Berke)
Concerning long-term caregiver training.
Referred to Committee on Health and Long-Term Care.
HB 2732 by Representatives Gombosky, Cairnes, Berkey, Nixon, Morris, Armstrong, Esser, Fromhold, Ogden, Conway, Hunt, Van Luven, Veloria, Romero, Reardon, Edwards, Chase, Morell, Santos, Kenney and Wood
Excluding government subsidized social welfare compensation from taxation.
Referred to Committee on Ways and Means.
SHB 2744 by House Committee on Capital Budget (originally sponsored by Representatives Murray, Esser, Lantz, Hankins, Ogden, Woods, Hunt, Ballasiotes, O'Brien, Veloria, Lovick, Reardon, Edwards, Dickerson, Jackley, Lysen, Chase, Upthegrove, Conway and Santos)
Creating a competitive grant program for nonprofit youth organizations.
Referred to Committee on Ways and Means.
ESHB 2750 by House Committee on Finance (originally sponsored by Representatives Gombosky, Nixon, Wood, Ballasiotes, Conway, Veloria, Ogden, Chase, Berkey, Skinner and Edwards)
Providing a limited property and leasehold tax exemption for the incidental use of artistic or scientific facilities.
Referred to Committee on Ways and Means.
SHB 2754 by House Committee on Judiciary (originally sponsored by Representatives Lantz, Esser, Dickerson, Jarrett, Lysen and Kagi)
Modifying mandatory arbitration provisions.
Referred to Committee on Judiciary.
HB 2782 by Representatives Doumit and Sommers
Implementing the results of the 1995-2000 actuarial experience study.
Referred to Committee on Ways and Means.
HB 2817 by Representatives Lantz, Conway and Clements
Clarifying local government land use and zoning powers over gambling activities.
Referred to Committee on Labor, Commerce and Financial Institutions.
ESHB 2819 by House Committee on Natural Resources (originally sponsored by Representatives Doumit, Buck, Hatfield and Linville)
Addressing the uncertainty surrounding reversionary clauses contained in Bush act and Callow act deeds.
Referred to Committee on Natural Resources, Parks and Shorelines.
HB 2842 by Representatives Santos, Tokuda, Veloria, Conway, Kenney, Dickerson, O'Brien, Ogden, Schual-Berke, Kessler, Lovick, McIntire, Ruderman, Upthegrove, Linville, Rockefeller, Simpson, Haigh and McDermott
Creating a civil liberties day of remembrance.
Referred to Committee on State and Local Government.
SHB 2845 by House Committee on Appropriations (originally sponsored by Representatives Morris, Crouse, Morell, Pflug, Ogden, Linville and Simpson)
Requiring a performance audit of the utilities and transportation commission.
Referred to Committee on Environment, Energy and Water.
HB 2891 by Representatives Sommers, Sullivan, Simpson, Cooper, O'Brien, Chase, Conway, Santos, Ogden, Casada and Morell
Determining which fire fighters or law enforcement officers may elect or be elected to certain pension and disability boards.
Referred to Committee on Ways and Means.
HB 2896 by Representatives Cooper, Delvin, Conway, Campbell, Kirby, Hurst, Jackley, Sullivan, Chase, Darneille, Santos, Ogden, Quall, Morell, Simpson, Schual-Berke, Fromhold, McDermott and Romero
Allowing certain emergency medical technicians to transfer service credit.
Referred to Committee on Ways and Means.
HB 2971 by Representatives Reardon, Pearson, Lovick, Cooper, Dunshee, Sehlin, Edwards, O'Brien and Sullivan
Establishing a business and occupation tax rate for certain FAR part 145 certificated repair stations.
Referred to Committee on Ways and Means.
SHJM 4026 by House Committee on State Government (originally sponsored by Representatives Rockefeller, Woods, Jackley, Murray, Lovick, Tokuda, Ogden, Romero, Hunt, McDermott, Veloria, Doumit, Jarrett, Talcott, Cox, Ballasiotes, Ahern, Orcutt, Schmidt, Esser, Santos, Cooper, Cody, Simpson, Benson, Carrell, Kessler, Schual-Berke, Linville, McIntire, Mulliken, Upthegrove, Chase and Van Luven)
Requesting a memorial to remember the internment of Japanese-Americans during World War II.
Referred to Committee on State and Local Government.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Jeri Thomson, a former Washingtonian, and now Secretary of the United States Senate, who was seated on the rostrum.
With permission of the Senate, business was suspended to permit Ms. Thomson to address the Senate.
The President also welcomed and introduced Mark Thomson, Acting Director of the State's Department of Financial Institutions, and the brother of Jeri Thomson, who was seated in the gallery.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced government officials from Macedonia visiting our State Capitol, who were seated in the gallery.
PERSONAL PRIVILEGE
Senator Kastama: “A point of personal privilege, Mr. President. I would also like to convey my welcome to the individuals from Macedonia. A lot of that is from my personal experience. In the 1980s, I actually bicycled through there, which was then a providence of Yugoslavia. I have to tell you that what I saw in Macedonia was just indicative of that entire region. For example, I stayed in this little town called Tito Velos–at that time. It was a small little village in the valley with a river running through it with cobblestone streets. During the evening throughout that area, all small villages would do the same thing. That is, from the hills, from the mountains and from the side where all the homes were, people would flood down the main promenade and they would go back and forth–with bands playing and holding each other’s arms. It was a wonderful experience and I did that every evening when I was there.
“During the day, I would often go and play basketball and sometimes I would go and pick cherries in the orchard. I want to tell you about this one experience that sticks out in my mind as one of the best experiences I think I have probably had in my life–at least the most memorable. Picking cherries one day, working very hard with people from Tito Velos, I couldn’t understand a thing they were saying, but I got all the jokes and I laughed and had a good time. One day, at lunch time, we went to an old abandoned farm house that was probably a couple of hundred years old. We went in the back door and one of the persons went outside and got some onions out of the ground, another one had some eggs. We all went inside this rather decrepit room in this old abandoned farm house. They scrambled up the eggs and they had a bottle of----well, it was a local product that they had produced. I can’t really remember the type, but the point was, the scrambled eggs, the onions, and this libation were a wonderful experience that I had. It was just indicative of the hospitality in that part of the country. Things have changed. There is no longer a Tito Velos; it is just Velos now. Of course, the war that took place there just recently actually impacted the northern part of Macedonia. My heart goes out to the people that were impacted because of that.
“It is a beautiful countryside, rolling hills, wonderful people and I hope that you continue promenading in the evening as you did when I was there–every evening I was there. So, I thank you for being here in Washington. Thank you, Mr. President.”
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 8751
By Senators Rasmussen, Swecker, Parlette, Gardner, Morton, Roach, Finkbeiner, Fairley, Prentice, Spanel, Johnson, Sheahan and Sheldon, Betti
WHEREAS, The state’s dairy industry began in 1838 when cows were first brought to what was later to become the state of Washington; and
WHEREAS, The first creamery in Washington was started in Cheney in 1880, when cattle outnumbered territorial residents by a ratio of more than 2-to-1; and
WHEREAS, The dairy industry presently consists of 650 farms that provide a home to nearly two-hundred fifty thousand cows; and
WHEREAS, All seven principal dairy cow breeds found in North America are present today in Washington. The breeds are Holstein, Guernsey, Jersey, Ayrshire, Brown Swiss, Milking Shorthorn, and Dutch Belted; and
WHEREAS, Washington dairies produce more milk per cow than is produced in any other state, with a current average of 22,644 pounds of milk per cow per year; and
WHEREAS, Dairy ranks second to apples among the largest agricultural industries in the state, with 4,000 jobs on dairy farms and another 40,000 jobs supporting the industry in processing, distribution, marketing and support services; and
WHEREAS, Washington dairy farmers are recognized within the industry as being among the most efficient and technologically advanced in the nation; and
WHEREAS, Washington State Dairy Princess Kasee Van Wieringen from Buckley, and Washington State Alternate Dairy Princesses Stephanie Roorda of Lynden and Allison Hurst from Monroe are representing the dairy industry with distinction as the reigning Washington State Dairy Ambassador and Ambassador Alternates; and
WHEREAS, Citizens throughout the state honor this special industry with the annual Dairy Day celebration;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate acknowledge and honor the women and men whose work on dairy farms throughout Washington has contributed much to the strength and vitality of our state’s economy, the character of our communities and the general well-being of our citizens; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Washington State Dairy Ambassador Kasee Van Wieringen, Alternate Ambassadors Stephanie Roorda and Allison Hurst, and the Washington Dairy Products Commission.
Senators Rasmussen, Honeyford, Gardner, Swecker, Haugen and Shin spoke to Senate Resolution 8751.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Washington State Dairy Princess Kasee Van Wieringen from Buckley, and the Washington State Alternate Dairy Princesses, Stephanie Roorda of Lynden and Allison Hurst from Monroe, who were seated on the rostrum.
With permission of the Senate, Dairy Princess Kasee addressed the Senate.
The President also introduced the County Dairy Princesses, who were seated in the gallery.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Congressman Doc Hastings, who was seated on the rostrum.
With permission of the Senate, business was suspended and Congressman Hastings addressed the Senate.
MOTION
At 10:38 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, February 21, 2002.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate