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TWELFTH DAY, FIRST SPECIAL SESSION

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MORNING SESSION

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Senate Chamber, Olympia, Friday, May 23, 2003

      The Senate was called to order at 11:45 a.m. by President Owen. No roll call was taken.

MOTION

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

INTRODUCTION AND FIRST READING

      SCR 8411     by Senators Fraser and Esser

                           Authorizing a four-day period between floor sessions over the Memorial Day.

MOTION

      On motion of Senator Swecker, the rules were suspended, Senate Concurrent Resolution No. 8411 was advanced to second reading and placed on the second reading calendar.

SECOND READING

      SENATE CONCURRENT RESOLUTION NO. 8411, by Senators Fraser and Esser

      Authorizing a four-day period between floor sessions over the Memorial Day.

      The concurrent resolution was read the second time.

SENATE CONCURRENT RESOLUTION NO. 8411

      WHEREAS, Article 2, section 11 of the Washington State Constitution provides that "neither house shall adjourn for more than three days, nor to any place other than that in which they may be sitting, without the consent of the other"; and

      WHEREAS, The public interest requires that the business of the 2003 first special session of the Fifty-eighth Legislature be considered and acted upon as efficiently and expeditiously as possible;

      NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That, in accordance with Article 2, section 11 of the Washington State Constitution, the Legislature may adjourn from Friday, May 23rd, the twelfth legislative day of the first special session from a time to be set by each chamber of the legislature until a time of each chamber's choosing on Tuesday, May 27th, the sixteenth legislative day of the first special session.

MOTION

      On motion of Senator Swecker, the rules were suspended, Senate Concurrent Resolution No. 8411 was advanced to third reading, the second reading considered the third, and the concurrent resolution was placed on final passage.

      Senator Fraser spoke to the adoption of Senate Concurrent Resolution No. 8411.

      SENATE CONCURRENT RESOLUTION NO. 8411 was adopted by voice vote.

MOTION

      On motion of Senator Swecker, Senate Concurrent Resolution No. 8411 was immediately transmitted to the House of Representatives.

MOTION

      On motion of Senator Swecker, the Senate reverted to the third order of business.

MESSAGE FROM THE SECRETARY OF STATE

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

Dear President Owen:

      We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objections to the section or items of the bill, as required by Article III, section 12, of the Washington State Constitution:

      ENGROSSED SENATE BILL NO. 5014

                                                                      IN TESTIMONY WHEREOF, I have hereunto set my

                                                                      hand and affixed the Seal of the state of Washington,

                                                                      this 16th day of May, 2003.

      (Seal)                                                                                                                                                                                           SAM REED,

Secretary of State

MESSAGE FROM THE GOVERNOR

May 16, 2003

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to sections 2 and 3, Engrossed Senate Bill No. 5014 entitled:

“AN ACT relating to public water projects;”

      This bill creates a subaccount within the Public Works Assistance Account to distribute grants for water storage projects and water system facilities.

      Section 2 amends RCW 43.79A.040, with the intent that the new subaccount would retain its proportionate share of investment income. However, this section of law is related to the Treasurer’s trust funds, and the Public Works Assistance Account is not a trust fund. Additionally, this section conflicts with the provisions of Chapter 150, Laws of 2003, which transfers the investment income of the Public Works Assistance Account to the Community Economic Revitalization Program.

      Section 3 contains an emergency clause. Given that there is no supplemental budget funding available in the current biennium, there is no rationale for having this law take effect immediately.

      For these reasons, I have vetoed sections 2 and 3 of Engrossed Senate Bill No. 5014.

      With the exception of sections 2 and 3, Engrossed Senate Bill No. 5014 is approved.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE SECRETARY OF STATE

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

Dear President Owen:

      We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objections to the section or items of the bill, as required by Article III, section 12, of the Washington State Constitution:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5713

                                                                      IN TESTIMONY WHEREOF, I have hereunto set my

                                                                      hand and affixed the Seal of the state of Washington,

                                                                      this 20th day of May, 2003.

      (Seal)                                                                                                                                                                                           SAM REED,

Secretary of State

MESSAGE FROM THE GOVERNOR

May 20, 2003

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to section 501, Engrossed Substitute Senate Bill No. 5713 entitled:

"AN ACT Relating to electrical work;"

      This bill modifies the state electrical and plumbing statutes in a number of significant ways, including reducing the level of government regulation currently borne by both businesses and workers.

      Section 501 would have exempted the repair, maintenance, and replacement of electrical appliances in residential settings from electrical licensing and certification requirements.

      Licensing and certification are the only means the state has to ensure that well-trained and qualified individuals perform electrical work. Exempting these requirements, coupled with the exemption from inspection and permitting provided in other sections of this bill, would remove all regulatory oversight of electrical appliance replacement and repair work. This poses serious public policy concerns and could expose workers, homeowners, and the general public to hazards related to faulty electrical installations or repair.

      Notwithstanding these concerns, I also want to ensure that the current level of regulation is not an unnecessary burden on the electrical appliance industry. Accordingly, after the first year of administering this act, I am directing the Department of Labor and Industries, to evaluate its impact and report its findings to me by December 31, 2004.

      For these reasons, I have vetoed section 501 of Engrossed Substitute Senate Bill No. 5713.

      With the exception of section 501, Engrossed Substitute Senate Bill No. 5713 is approved.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE SECRETARY OF STATE

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

Dear President Owen:

      We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objections to the section or items of the bill, as required by Article III, section 12, of the Washington State Constitution:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5903

                                                                      IN TESTIMONY WHEREOF, I have hereunto set my

                                                                      hand and affixed the Seal of the state of Washington,

                                                                      this 20th day of May, 2003.

      (Seal)                                                                                                                                                                                           SAM REED,

Secretary of State

MESSAGE FROM THE GOVERNOR

May 20, 2003

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to section 1, Engrossed Substitute Senate Bill No. 5903 entitled:

"AN ACT Relating to juvenile offender sentences;"

      This bill creates two new alternative juvenile sentences, and a pilot project for a third sentencing alternative.

      Section 1 prohibits the closure of any Juvenile Rehabilitation Administration institution “without specific authorization in an act of the legislature.” It further prohibits the use of any such institution, even if closed by the legislature, by the Department of Corrections or to incarcerate adult offenders. I share these policy goals of not closing state institutions without the legislature’s concurrence, and not converting juvenile facilities into adult prisons. I have not proposed any such closures or conversions.

      However, the legislature has not yet adopted a budget for the next biennium, and there is no assurance that its next budget, or some future budget, will not make it necessary to consider closures as a means of administering programs within available resources. The Legislature creates the programs and provides the resources, but the executive branch must administer them, and should not be prohibited in permanent law from making difficult decisions that may be necessary.

      For this reason, I have vetoed section 1 of Engrossed Substitute Senate Bill No. 5903.

      With the exception of section 1, Engrossed Substitute Senate Bill No. 5903 is approved.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE SECRETARY OF STATE

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

Dear President Owen:

      We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objections to the section or items of the bill, as required by Article III, section 12, of the Washington State Constitution:

      SUBSTITUTE SENATE BILL NO. 5996

                                                                      IN TESTIMONY WHEREOF, I have hereunto set my

                                                                      hand and affixed the Seal of the state of Washington,

                                                                      this 20th day of May, 2003.

      (Seal)                                                                                                                                                                                           SAM REED,

Secretary of State

MESSAGE FROM THE GOVERNOR

May 20, 2003

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to sections 3 and 4, Substitute Senate Bill No. 5996 entitled:

      "AN ACT Relating to hosting the 2005 conference of the national conference of state legislatures and other government conferences;"

      This bill establishes a host committee for the 2005 annual meeting of the National Conference of State Legislatures (NCSL). It also amends the Ethics Act to allow the solicitation and acceptance of gifts for the purpose of hosting a government conference.

Section 3 would have established a presumption that state officers and employees are not in violation of the Ethics Act when soliciting gifts, grants or donations to host a government conference. Section 4 would have also exempted these gifts from the ordinary fifty-dollar limit. Sections 3 and 4 are too broad and not necessary to accomplish the primary objectives of the bill, which are to establish a host committee for the 2005 NCSL conference and to allow legislators on the committee to solicit contributions in excess of fifty dollars for the conference.

      RCW 42.52.010(10)(e) of the Ethics Act specifies that a “gift” does not include “items a state officer or state employee is authorized by law to accept.” Because section 2 of this bill authorizes the host committee to engage in fundraising activities, these activities are not considered a gift for purposes of the Ethics Act. Thus, sections 3 and 4 of the bill are not necessary.

      Aside from being unnecessary to meet the primary objectives of this bill, sections 3 and 4 are too broad. They exempt fundraising for the hosting of any government conference, without limitation, from existing restrictions on the solicitation of gifts. The potential for abuse of this broad exemption concerns me.

      For these reasons, I have vetoed sections 3 and 4 of Substitute Senate Bill No. 5996.

      With the exception of sections 3 and 4, Substitute Senate Bill No. 5996 is approved.

Respectively submitted,

GARY LOCKE, Governor

MESSAGE FROM GOVERNOR

May 21, 2003

To the Honorable President and Members,

The Senate of the State of Washington

      Ladies and Gentlemen:

      I have the honor to advise you that on May 20, 2003, Governor Locke approved the following Senate Bills entitled:

      Substitute Senate Bill No. 5120

      Relating to drivers convicted of alcohol offenses.

      Engrossed Second Substitute Senate Bill No. 5135

      Relating to increased tuition fees and fees for excess credits taken at institutions of higher education.

      Engrossed Senate Bill No. 5389

      Relating to clean and sober housing.

      Senate Bill No. 5437

      Relating to appeals from decisions by the school district regional committee.

      Senate Bill No. 5705

      Relating to changing provisions on the department of services for the blind.

      Substitute Senate Bill No. 5751

      Relating to sales of valuable materials.

      Senate Bill No. 5769

      Relating to regional transportation investment district bond authority.

      Engrossed Substitute Senate Bill No. 5776

      Relating to review of permit decisions by state agencies and local governments for economic development projects.

      Engrossed Substitute Senate Bill No. 5785

      Relating to the use of a vehicle on a nonhighway road or trail.

      Senate Bill No. 5865

      Relating to recreation facilities.

      Substitute Senate Bill No. 5868

      Relating to driving abstracts of prospective volunteers.

      Senate Bill No. 5893

      Relating to fish and wildlife automated recreational licensing.