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SIXTEENTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Tuesday, January 28, 2003
The Senate was called to order at 12:00 noon by President Pro Tempore Winsley. No roll call was taken.
MOTION
On motion of Senator Sheahan, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORT OF STANDING COMMITTEE
January 27, 2003
SB 5134 Prime Sponsor, Senator Carlson: Changing border county higher education opportunities. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Kohl-Welles, Mulliken, B. Sheldon and Shin.
Passed to Committee on Rules for second reading.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
January 27, 2003
GA 9094KENNET PHILLIPSON, appointed June 10, 2002, for a term ending May 31, 2003, as a member of the Board of Trustees for Eastern Washington University.
Reported by Committee on Higher Education.
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Mulliken, B. Sheldon and Shin.
Passed to Committee on Rules.
January 27, 2003
GA 9143 LEONOR FULLER, appointed October 1, 2002, for a term ending September 30, 2006, as a member of the Board of Trustees for South Puget Sound Community College District No 24.
Reported by Committee on Higher Education.
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Carlson, Chair; Schmidt, Vice Chair; Horn, Kohl-Welles, Mulliken, B. Sheldon and Shin.
Passed to Committee on Rules.
MESSAGES FROM STATE AGENCIES
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Division of Developmental Disabilities
PO Box 45310 - Olympia, WA 98504-5310
January 21, 2003
Dear Interested Party,
The Developmental Disabilities Strategies for the Future Stakeholder Workgroup (SWG), established in 1997, completed their work with the delivery to the Legislature of the Strategies for the Future Long-Range Plan Report Phase 3: Final Report. The SWG worked with the Division of Developmental Disabilities (DDD) for almost six years developing recommendations on future directions and strategies for service delivery improvement for people with developmental disabilities and their families.
The SWG was a group of twenty people representing the varying interests of self-advocates, service providers, counties, labor, community advocates and RHC advocates. Each member participated with a desire to offer assistance to the division in improving and monitoring the supports and delivery of services needed by people with developmental disabilities. The effort resulted in many significant recommendations for a service system where individual choice and self-determination would be the cornerstone for future decisions.
I am pleased to provide you with copies of the three reports.
* The first report titled The Strategies for the Future Long-Range Plan Report Phase 1: 1999-2000 was delivered to the Legislature on December 1, 1998. It describes the approach that the SWG and DDD recommended to restructure the system around individual/family choice and self-determination.
* Strategies for the Future Long-Range Plan Report Phase II: 2001-2003 was sent to the Legislature on December 1, 2000. This report represented the efforts of four workgroups (consisting of more than one hundred-twenty stakeholders) who met for fourteen months to give their perspective, skills and passions to a plan for building a better system. Their work resulted in seventy-four recommendations to the SWG and DDD for system change.
* The third report, Strategies for the Future Long-Range Plan Report Phase 3: Final Report was completed on December 1, 2002. It makes recommendations on the implementation of self-directed services and on the respective roles of RHCs and community support services.
The three reports taken together provide important information for future budget and policy decisions regarding developmental disabilities services in Washington State. The department will continue to build upon the work accomplished by the Strategies for the Future Stakeholder Workgroup, as represented in these three reports.
If you would like additional copies or require an alternate format, please contact Linda Johnson, by phone, 306-902-0200 or by email, johnsls@dshs.wa.gov.
All three reports are available on the DDD website under Stakeholder Workgroup, htt://www1.dshs.wa.gov/ddd/stakehold.shtml.
Yours sincerely,
Linda Rolfe,
Director, Division of Developmental Disabilities
The Report on Developmental Disabilities Strategies for the Future Stakeholder Workgroup (SWG) from the Department of Social and Health Services is on file in the Office of the Secretary of the Senate.
STATE OF WASHINGTON
WASHINGTON STATE AUDITOR
Brian Sonntag
Legislative Building
PO Box 40021
Olympia, Washington 98504-0021
January 24, 2003
Board of Commissioners
Washington State Barley Commission
Spokane, Washington
REPORT ON FINANCIAL STATEMENTS
Please find attached our Report on the Washington State Barley Commission’s financial statements.
We are issuing this report now in order to provide information on the Commission’s financial condition.
In addition to this work, we look at other areas of our audit clients’ operations for compliance with state laws and regulations. The results of that review will be included in our accountability audit report, which will be issued separately.
Sincerely,
BRIAN SONNTAG, CGFM
State Auditor
AUDIT REPORT
Washington State Barley Commission
July 1, 2001 through June 30, 2002
ABOUT THE AUDIT
This report contains the results of our independent audit of the Washington State Barley Commission for the period July 1, 2001, through June 30, 2002.
The audit was performed by a certified public accounting firm through a contract with our office. Our office reviewed the work done by the firm to determine whether the Commission complied with state laws and regulations and established adequate internal controls. In keeping with general auditing practices, the firm did not examine every portion of the Commission’s financial activities during the audit. The audit focused on the Commission’s compliance with the Open Public Meetings Act, conflict of interest requirements, budget requirements and the overall legality of the Commission’s expenditure. Also audited were the financial statements and internal controls over cash and investments as established by Commission management.
ABOUT THE COMMISSION
The Commission was created by the Washington Agricultural Enabling Act of 1955. The purpose of the Commission is to:
* Establish plans and conduct programs for advertising and sales promotion of barley.
* Maintain present and create new or larger markets for barley growers.
* Carry on research studies to find more efficient methods or production, processing, handling and marketing of barley.
* Provide for improving standards and grades of barley by defining, establishing and providing labeling requirements.
The Commission is governed by an elected seven-member Board of Commissioners and funded by assessments levied on barley sold in Washington. The Commission employs two people and operates on an annual budget of approximately $580,000.
RELATED REPORTS
Our opinion on the Commission’s financial statements for fiscal year 2002 is provided in a separate report, which includes the Commission’s financial statements.
RESULTS
The Commission complied with state laws in the areas examined and established adequate internal controls over cash and investments. In addition, the Commission’s financial statements were complete and accurate.
We thank Commission officials and personnel for their assistance and cooperation throughout the audit.
The State Auditor’s Independent Audit of the State Barley Commission is on file in the Office of the Secretary of the Senate.
AUDIT SUMMARY
Puget Sound Salmon Commission
January 1, 1999 through December 31, 2001
ABOUT THE AUDIT
This report contains the results of our independent audit of the Puget Sound Salmon Commission for the period January 1, 1999, through December 31, 2001.
We performed audit procedures to determine whether the Commission complied with state laws and regulations. We also reviewed the Commission’s accountability for public assets. Our work focused on specific areas that have potential for abuse or misuse of public resources.
RESULTS
In areas examined, we found the Commission complied with state laws and regulations.
CLOSING REMARKS
We thank Commission officials and personnel for their assistance and cooperation during the audit.
The State Auditor’s Audit Summary of the Puget Sound Salmon Commission is on file in the Office of the Secretary of the Senate.
AUDIT SUMMARY
Washington State University
July 1, 2001 through June 30, 2002
ABOUT THE AUDIT
This report contains the results of our accountability audit of Washington State University for the period July 1, 2001, through June 30, 2002.
We performed audit procedures to determine whether the University complied with state laws and regulations, its own policies and procedures, and federal grant requirements. Our work focused on specific areas that have potential for abuse and misuse of public resources. Audit procedures performed included an evaluation of internal controls established by management.
RESULTS
In most areas we examined, the University complied with state laws and regulations and its own policies and procedures. In general, the University’s internal controls allow officials to effectively operate the University and safeguard its assets. These internal controls are designed to safeguard University assets; check the accuracy and reliability of accounting data; promote operations efficiency; and encourage adherence to applicable policies.
We noted certain issues we communicated to University management. We appreciate the University’s commitment to resolving these issues.
RELATED REPORTS
Our opinion on the state’s general purpose financial statements is expressed in the Washington State Comprehensive Annual Financial Report issued by the Office of Financial Management. In providing that opinion, we reviewed certain University account balances considered material to the state.
In addition, the report on compliance with federal requirements is provided within the State of Washington Single Audit Report.
We also provide an opinion of the University’s financial statements, which will be provided in a separate report. This report is issued by the University on an annual basis and includes the University’s financial statements and other required financial information.
CLOSING REMARKS
The Office of Administration, Business Affairs, Provost and Academic Vice President, Internal Audit, and Controller are committed to establishing strong internal controls and ensuring compliance with legal requirements in this highly complex organization. Safeguarding assets was a major focus of our audit. We reviewed how various colleges, units and departments established internal controls related to cash receipting, payroll, purchasing cards, and property and merchandise inventory. During the current audit, University management continued to strengthen policies and guidelines related to internal controls. These guidelines were formalized in the Business Policies and Procedures Manual. In addition, the importance of these guidelines was communicated in meetings to deans, administrative managers of all University colleges and administrative units. We believe this should increase awareness of the need for sufficient internal controls to reduce the potential for fraud and abuse.
We appreciate the University’s commitment to establishing strong internal controls and ensuring compliance in a highly decentralized organization. We thank University management and personnel for their assistance and cooperation during the audit.
The State Auditor’s Summary for Washington State University is on file in the Office of the Secretary of the Senate.
INTRODUCTION AND FIRST READING
SB 5492 by Senators Mulliken, Keiser and Winsley
AN ACT Relating to timeshares; amending RCW 64.36.020; and adding new sections to chapter 64.36 RCW.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5493 by Senators Regala, Fairley, Eide, B. Sheldon, Fraser, Doumit, Kohl-Welles and Kline
AN ACT Relating to environmental quality benchmarks; amending RCW 43.21A.510 and 49.70.175; and creating new sections.
Referred to Committee on Natural Resources, Energy and Water.
SB 5494 by Senators Brandland, Sheahan, Winsley, Schmidt, Oke and Swecker
AN ACT Relating to an electronic reporting system for pawnbrokers and second-hand dealers; amending RCW 19.60.060; adding a new section to chapter 19.60 RCW; creating a new section; and providing an effective date.
Referred to Committee on Commerce and Trade.
SB 5495 by Senators Keiser, Fraser and Kline
AN ACT Relating to creating the environmental health tracking system; and adding a new chapter to Title 70 RCW.
Referred to Committee on Health and Long-Term Care.
SB 5496 by Senator Eide
AN ACT Relating to appeals from school official or board decisions or orders; and amending RCW 28A.645.010.
Referred to Committee on Education.
SB 5497 by Senators Esser, Haugen and Oke (by request of Department of Transportation)
AN ACT Relating to moving and relocation expenses; and amending RCW 8.26.035.
Referred to Committee on Highways and Transportation.
SB 5498 by Senators Oke, T. Sheldon and Haugen (by request of Department of Transportation)
AN ACT Relating to the failure to wear safety belt assembly; and amending RCW 46.61.688.
Referred to Committee on Judiciary.
SB 5499 by Senators Oke, Haugen, Horn and Winsley (by request of Department of Transportation)
AN ACT Relating to transferring accident data processing to the department of transportation; amending RCW 46.52.030, 46.52.050, 46.52.060, 46.52.065, 46.52.080, 46.52.085, and 46.29.060; reenacting and amending RCW 46.52.120; providing an effective date; and declaring an emergency.
Referred to Committee on Highways and Transportation.
SB 5500 by Senators Johnson, Haugen, Esser, Thibaudeau, McCaslin and Horn
AN ACT Relating to interlocal agreements for court services among municipalities; and amending RCW 3.50.020 and 3.50.805.
Referred to Committee on Judiciary.
SB 5501 by Senators Roach, Kastama, Brandland and Keiser
AN ACT Relating to auto theft; amending RCW 9A.56.070; reenacting and amending RCW 9.94A.505, 9.94A.505, 9.94A.515, and 9.94A.515; adding new sections to chapter 36.28A RCW; adding a new section to chapter 46.37 RCW; prescribing penalties; providing an effective date; and providing an expiration date.
Referred to Committee on Judiciary.
SB 5502 by Senators Carlson, Keiser, McAuliffe, Finkbeiner, Rasmussen and Schmidt
AN ACT Relating to educational staff associate positions; and amending RCW 28A.150.410.
Referred to Committee on Education.
SB 5503 by Senators Prentice, Winsley, Keiser, Franklin, Fraser, B. Sheldon, Kohl-Welles and Kline (by request of Department of Labor and Industries)
AN ACT Relating to authorizing the director of labor and industries to issue and enforce civil penalties for violations of the minimum wage act and chapter 49.48 RCW; amending RCW 49.46.100, 49.48.020, 49.48.040, 49.48.060, and 49.48.070; adding new sections to chapter 49.48 RCW; adding new sections to chapter 49.46 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Commerce and Trade.
SB 5504 by Senators Fraser, Prentice, Winsley, Franklin, Keiser, Deccio, Horn and Kohl-Welles (by request of Department of Labor and Industries)
AN ACT Relating to limiting lien authority against a residential homeowner; and amending RCW 60.04.031.
Referred to Committee on Commerce and Trade.
SB 5505 by Senators Carlson, Rasmussen, Honeyford, Doumit and Eide
AN ACT Relating to courses of study options offered by public high schools; and amending RCW 28A.230.010 and 28A.230.130.
Referred to Committee on Education.
SB 5506 by Senators T. Sheldon and Mulliken
AN ACT Relating to final orders of growth management hearings boards; and amending RCW 36.70A.300.
Referred to Committee on Land Use and Planning.
SB 5507 by Senators T. Sheldon and Mulliken
AN ACT Relating to standing before growth management hearings boards; and amending RCW 36.70A.280.
Referred to Committee on Land Use and Planning.
SB 5508 by Senators Eide, Keiser and Roach
AN ACT Relating to supervision of level III offenders for offenses committed on or after July 1, 2003; adding a new section to chapter 9.94A RCW; adding a new section to chapter 9.95 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Children and Family Services and Corrections.
SB 5509 by Senators B. Sheldon, Kohl-Welles, Deccio and Winsley
AN ACT Relating to the organ donor registry; amending RCW 68.50.540; adding new sections to chapter 68.50 RCW; adding a new section to chapter 46.20 RCW; adding a new section to chapter 46.12 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 5510 by Senators Deccio, Keiser, Fairley, Thibaudeau, Parlette, Kohl-Welles and Winsley
AN ACT Relating to creating a license for assisted living facilities; adding a new chapter to Title 18 RCW; and prescribing penalties.
Referred to Committee on Health and Long-Term Care.
SB 5511 by Senators Deccio, Keiser, Parlette, Eide, West, Brandland, Carlson, Hale, Mulliken, Rasmussen and Winsley
AN ACT Relating to preventing increase in the regulatory costs on long-term care providers; amending RCW 18.20.090, 18.51.070, 70.128.040, and 74.08.090; creating a new section; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5512 by Senators Honeyford, Kastama, West, Keiser, Winsley and Rasmussen
AN ACT Relating to small business economic impact statements; and amending RCW 19.85.020.
Referred to Committee on Commerce and Trade.
SB 5513 by Senators Swecker, Kastama, Zarelli, T. Sheldon, Reardon and Roach
AN ACT Relating to taxation of taxidermy; amending RCW 82.04.050; and providing an effective date.
Referred to Committee on Ways and Means.
SB 5514 by Senators Roach, Kastama, Reardon, Sheahan and West
AN ACT Relating to the definition of manager in state civil service law; and amending RCW 41.06.022.
Referred to Committee on Commerce and Trade.
SB 5515 by Senators Johnson, Kline and Sheahan
AN ACT Relating to the board of industrial insurance appeals; and amending RCW 51.52.010 and 51.52.104.
Referred to Committee on Commerce and Trade.
SB 5516 by Senators Carlson, Fraser and Winsley
AN ACT Relating to extraordinary investment gain sharing for plans 1 and 3; and amending RCW 41.31.010, 41.31.030, and 41.31A.020; and providing an effective date.
Referred to Committee on Ways and Means.
SB 5517 by Senators B. Sheldon, Schmidt, Kohl-Welles, Oke, Poulsen, West and Rasmussen
AN ACT Relating to clarifying the apportionment of business and occupation taxes on certain businesses conducted both within and outside the state; and amending RCW 82.04.460.
Referred to Committee on Ways and Means.
SB 5518 by Senators Hargrove, Morton, Doumit, Honeyford, Hale and Mulliken
AN ACT Relating to limiting the purchase of land by state agencies and departments for habitat or ecosystem preservation; and adding a new section to chapter 43.17 RCW.
Referred to Committee on Natural Resources, Energy and Water.
SB 5519 by Senators Oke, Haugen and Horn (by request of Department of Transportation)
AN ACT Relating to sharing of appraisal information in condemnation proceedings; and amending RCW 8.25.120.
Referred to Committee on Judiciary.
SB 5520 by Senators Haugen, Horn and Oke (by request of Department of Transportation)
AN ACT Relating to authorizing the ferry system to use alternative public works contracting procedures; and amending RCW 39.10.020.
Referred to Committee on Highways and Transportation.
SB 5521 by Senators Deccio, Rasmussen, Swecker, Haugen, Parlette, T. Sheldon, Finkbeiner, Doumit, Hale, Schmidt, Honeyford, Rossi, Morton, Sheahan, Johnson, Hewitt, Mulliken, McCaslin, Stevens, West, Shin, Zarelli, Winsley, Carlson, Eide, Esser and Oke
AN ACT Relating to access to health insurance for employers and their employees; amending RCW 48.21.045, 48.43.038, 48.43.045, 48.44.023, and 48.46.066; reenacting and amending RCW 48.43.005; and repealing RCW 48.43.035.
Referred to Committee on Health and Long-Term Care.
SB 5522 by Senators T. Sheldon, Brandland, Carlson and Hale
AN ACT Relating to the privatization of liquor sales; amending RCW 66.08.150; and adding a new chapter to Title 66 RCW.
Referred to Committee on Commerce and Trade.
SB 5523 by Senators Oke and Kline
AN ACT Relating to operation of vehicles or vessels after taking a controlled substance; amending RCW 46.61.502, 46.61.504, 79A.60.040, and 90.56.540; reenacting and amending RCW 46.20.308 and 46.25.090; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5524 by Senators Benton, Kline, Prentice, Regala, Roach, Keiser, Esser, Zarelli, Winsley, Reardon, Rasmussen, Kohl-Welles, Schmidt and Shin
AN ACT Relating to protection of victims of domestic violence, sexual assault, or stalking in the rental of housing; adding new sections to chapter 59.18 RCW; creating a new section; repealing RCW 59.18.356; and declaring an emergency.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5525 by Senators Winsley, Swecker, West, Kline, Fraser, Eide, Rasmussen and Thibaudeau
AN ACT Relating to participating in insurance plans and contracts by separated plan 2 members of certain retirement systems; and amending RCW 41.05.011.
Referred to Committee on Ways and Means.
SB 5526 by Senators Swecker, Oke, Kline, Hewitt, West, Jacobsen, Eide, Johnson, Regala, Rasmussen and Esser
AN ACT Relating to state parks and recreation commission law enforcement officers' membership in the law enforcement officers' and fire fighters' retirement system plan 2 for periods of future service; amending RCW 41.26.030; and adding a new section to chapter 41.40 RCW.
Referred to Committee on Ways and Means.
SB 5527 by Senators Horn and Haugen (by request of Governor Locke)
AN ACT Relating to the creation of the local transportation grant board; amending RCW 36.78.010, 36.78.070, 36.78.110, 36.79.010, 36.79.110, 43.99M.080, 46.68.120, 46.68.124, 47.06A.010, 47.26.044, 47.26.170, 47.26.185, 47.26.260, 47.26.270, 47.26.282, 47.26.320, 47.26.325, 47.26.426, 47.26.427, 47.26.440, 47.26.506, 47.26.507, and 82.44.150; reenacting and amending RCW 43.84.092 and 82.44.180; adding a new chapter to Title 47 RCW; creating new sections; repealing RCW 36.78.030, 36.78.090, 36.78.100, 36.79.030, 36.79.040, 36.79.050, 36.79.060, 36.79.070, 36.79.080, 47.26.121, 47.26.130, 47.26.140, 47.26.150, 47.26.160, 47.26.167, 47.06A.001, 47.06A.030, 47.06A.040, 47.06A.070, and 47.06A.900; providing an effective date; and declaring an emergency.
Referred to Committee on Highways and Transportation.
SB 5528 by Senators Benton, Prentice, Hale, Haugen, Rossi, Schmidt, Shin, T. Sheldon, Oke, Brandland, Zarelli, Esser, Hewitt, Morton, Stevens, Sheahan, Mulliken, Johnson, Parlette, West, Roach, Horn, Honeyford, Rasmussen and Kline
AN ACT Relating to requiring senate confirmation of certain commission and department appointments; amending RCW 18.44.500, 18.85.071, 21.20.550, 43.17.020, and 43.180.040; and declaring an emergency.
Referred to Committee on Government Operations and Elections.
SB 5529 by Senators Esser, Reardon, Finkbeiner, Schmidt, Sheahan, T. Sheldon, Doumit, Rasmussen, Roach, Rossi, Stevens, West and Eide
AN ACT Relating to removing the expiration date on the research and development business and occupation tax credit; and amending RCW 82.04.4452.
Referred to Committee on Technology and Communications.
SB 5530 by Senators Finkbeiner, Reardon, Sheahan, Schmidt, Esser, T. Sheldon, Doumit, Hale, Rasmussen, Roach, Rossi, West and Eide
AN ACT Relating to business and occupation tax credits and deferrals for research and development and high technology job creation; and amending RCW 82.04.4452 and 82.63.030.
Referred to Committee on Technology and Communications.
SB 5531 by Senators Finkbeiner, Reardon, Esser, T. Sheldon, Sheahan, Schmidt, Doumit, Hale, Rasmussen, Roach, Rossi, Stevens, West and Eide
AN ACT Relating to removing the expiration date for the high-technology research and development sales and use tax deferral program; and amending RCW 82.63.030.
Referred to Committee on Technology and Communications.
SB 5532 by Senators Kohl-Welles, Benton, Fraser, Prentice, Carlson, Keiser, Winsley and Schmidt
AN ACT Relating to international matchmaking organizations; and amending RCW 19.220.010.
Referred to Committee on Children and Family Services and Corrections.
SB 5533 by Senators Kohl-Welles, Johnson, McAuliffe, Carlson, Keiser, Rasmussen and Kline
AN ACT Relating to the hiring of school district employees; adding a new section to chapter 28A.400 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Education.
SJM 8011 by Senators Kohl-Welles, Benton, Fraser, Prentice, Carlson, Keiser, Winsley and Schmidt
Petitioning Congress to improve federal law regulating international matchmaking organizations.
Referred to Committee on Children and Family Services and Corrections.
MOTION
At 12:02 p.m., on motion of Senator Sheahan, the Senate adjourned until 10:30 a.m., Wednesday, January 29, 2003.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate