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EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, January 19, 2004
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.
The Sergeant at Arms Color Guard consisting of Pages Joshua Heath and John Miller presented the Colors. Pastor Robert Christiansen, Pastor of the Olympia-Lacey Church of God, offered the prayer.
MOTION
On motion of Senator Esser, the reading of the Journal of the previous day was dispensed with and it was approved.
There being no objection, the Senate advanced to the first order of business.
REPORTS OF STANDING COMMITTEES
January 16, 2004
SB 6161 Prime Sponsor, Regala: Requiring law enforcement agencies to adopt policies concerning domestic violence by sworn employees. Reported by Committee on Judiciary
MAJORITY recommendation: That Substitute Senate Bill No. 6161 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline and Roach.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Esser, the measure listed on the Standing Committee report was referred to the committee as designated.
MOTION
On motion of Senator Esser, the Senate advanced to the third order of business.
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Olympia, Washington 98504
December 29, 2003
The Honorable Milt Doumit
Secretary of Senate
P. O. Box 40482
Olympia, WA 98504-0482
Dear Mr. Doumit:
Enclosed is the department’s report to the legislature entitled “Children Administration Performance Report 2003.” It is mandated under RCW 43.20A.870 and RCW 74.13.031.
The report will be posted within the week at http://www.1.dshs.wa.giv/legrel/lr/ for reviewing and printing as needed.
Please call Tammy Cordova at (360) 902-7926 if you have questions regarding the report.
Sincerely,
DENNIS BRADDOCK, Secretary
MOTION
On motion of Senator Esser, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6333 by Senators Morton, T. Sheldon and Roach
AN ACT Relating to metal detectors in state parks; adding new sections to chapter 79A.05 RCW; and creating a new section.
Referred to Committee on Parks, Fish & Wildlife.
SB 6334 by Senators Deccio, Thibaudeau, Winsley and Pflug
AN ACT Relating to prohibiting civil or criminal liabilities or penalties for actions related to the Washington state health insurance pool; and amending RCW 48.41.190.
Referred to Committee on Health & Long-Term Care.
SB 6335 by Senators Mulliken and Kline
AN ACT Relating to defining and clarifying best available science; amending RCW 36.70A.172; and creating a new section.
Referred to Committee on Land Use & Planning.
SB 6336 by Senators T. Sheldon, Hargrove, Stevens, Winsley, Rasmussen and Oke
AN ACT Relating to extending existing employer workers' compensation group self-insurance to the logging industry; and adding a new section to chapter 51.14 RCW.
Referred to Committee on Commerce & Trade.
SB 6337 by Senators Regala, Parlette, Winsley, Stevens, Hargrove, Oke and Kohl-Welles; by request of Washington Council for Prevention of Child Abuse and Neglect
AN ACT Relating to the fee for birth certificates suitable for display; and amending RCW 70.58.085.
Referred to Committee on Children & Family Services & Corrections.
SB 6338 by Senators Johnson and Kline
AN ACT Relating to stolen merchandise pallets; and amending RCW 9A.56.020 and 9A.56.140.
Referred to Committee on Judiciary.
SB 6339 by Senators Swecker and Rasmussen
AN ACT Relating to seed-related business practices; and amending RCW 20.01.010, 20.01.210, and 20.01.465.
Referred to Committee on Agriculture.
SB 6340 by Senators Prentice, Kline and McAuliffe
AN ACT Relating to freedom from discrimination based upon religious beliefs; amending RCW 49.60.030, 49.60.180, and 9A.36.080; and creating new sections.
Referred to Committee on Judiciary.
AN ACT Relating to cosmetology, barbering, manicuring, and esthetics; amending RCW 18.16.110, 18.16.260, and 18.16.160; reenacting and amending RCW 18.16.060 and 18.16.200; reenacting RCW 18.16.030; creating a new section; and declaring an emergency.
Referred to Committee on Commerce & Trade.
SB 6342 by Senators Oke, Jacobsen, Parlette, Swecker, Finkbeiner, Winsley, Spanel, Berkey, Esser, Regala, Kline, T. Sheldon, Fraser, Doumit, Rasmussen, Haugen and Eide
AN ACT Relating to important bird areas; amending RCW 79.70.020 and 79.70.080; adding a new section to chapter 79.70 RCW; and creating a new section.
Referred to Committee on Parks, Fish & Wildlife.
SB 6343 by Senators Doumit, Carlson, Fairley, Winsley, McAuliffe, Regala, Prentice, Kohl-Welles, Berkey, Fraser, Kline, Thibaudeau, Eide, Haugen, Spanel and B. Sheldon
AN ACT Relating to mandatory school attendance; amending RCW 28A.225.010 and 28A.200.010; creating a new section; and providing an effective date.
Referred to Committee on Education.
SB 6344 by Senators Hewitt, Keiser, Honeyford and Winsley; by request of Liquor Control Board
AN ACT Relating to acceptable forms of identification for liquor sales; and amending RCW 66.16.040.
Referred to Committee on Commerce & Trade.
SB 6345 by Senators Hewitt, Keiser, Honeyford, Winsley and Oke; by request of Liquor Control Board
AN ACT Relating to inspection of books, documents, and records pertaining to the transportation or possession of cigarettes; amending RCW 82.24.110; reenacting and amending RCW 82.24.130; adding a new section to chapter 82.24 RCW; and prescribing penalties.
Referred to Committee on Commerce & Trade.
SB 6346 by Senators Johnson, Prentice and Winsley; by request of Department of Revenue
AN ACT Relating to the assessment, collection, and administration of the taxes imposed under chapter 83.100 RCW; amending RCW 83.100.130, 83.100.090, 83.100.210, 83.100.040, 83.100.150, 82.03.130, 82.03.180, 82.03.190, 83.100.020, 83.100.110, 82.32.070, 82.32.105, and 82.32.265; reenacting and amending RCW 82.32.330; adding new sections to chapter 83.100 RCW; creating new sections; and repealing RCW 83.100.045, 83.100.030, 83.100.160, 83.100.170, 83.100.180, and 83.100.190.
Referred to Committee on Ways & Means.
SB 6347 by Senators Johnson, Brown, Winsley and Roach
AN ACT Relating to the Washington estate tax marital deduction; amending RCW 11.108.010, 83.110.090, and 11.02.005; adding a new section to chapter 11.108 RCW; creating new sections; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 6348 by Senators Mulliken, T. Sheldon, Murray, Haugen and Morton
AN ACT Relating to appropriate providers of water and sewer services under the growth management act; and amending RCW 36.70A.110.
Referred to Committee on Land Use & Planning.
SB 6349 by Senators T. Sheldon, Roach, Winsley and Kline
AN ACT Relating to exempting from taxation certain property belonging to any federally recognized Indian tribe located in the state; and amending RCW 84.36.010.
Referred to Committee on Ways & Means.
SB 6350 by Senators Prentice, Winsley, Roach, Hargrove, Keiser, Rasmussen, Fairley, Kline, McAuliffe and Kohl-Welles
AN ACT Relating to allowing the state patrol to bargain for rates of pay and wage levels; and amending RCW 41.56.473.
Referred to Committee on Commerce & Trade.
SB 6351 by Senators Esser, Prentice, Mulliken, Parlette, Thibaudeau, Sheahan, Deccio, Pflug and Kohl-Welles
AN ACT Relating to allowing special meetings to be called through electronic mail notice; and amending RCW 42.30.080.
Referred to Committee on Technology & Communications.
SB 6352 by Senators Stevens, Hargrove, Esser, Schmidt, Poulsen, Berkey, McAuliffe and Kohl-Welles
AN ACT Relating to selection of telephone calling systems for inmates in state correctional facilities; amending RCW 9.73.095; and creating a new section.
Referred to Committee on Children & Family Services & Corrections.
SB 6353 by Senators Mulliken, T. Sheldon and McAuliffe
AN ACT Relating to adopting state building and energy codes; and amending RCW 19.27.031 and 19.27A.020.
Referred to Committee on Land Use & Planning.
SB 6354 by Senators Mulliken and Keiser; by request of Department of Licensing
AN ACT Relating to the department of licensing; amending RCW 43.135.055, 18.96.050, 19.105.380, and 64.36.225; reenacting and amending RCW 43.84.092; adding a new section to chapter 43.24 RCW; and providing an effective date.
Referred to Committee on Ways & Means.
SB 6355 by Senators Winsley, Fraser, Carlson and McAuliffe
AN ACT Relating to city and county disability boards; amending RCW 41.26.110; and declaring an emergency.
Referred to Committee on Government Operations & Elections.
SB 6356 by Senators Honeyford and Rasmussen
AN ACT Relating to te for labor and industries; adding a new section to chapter 51.28 RCW; creating a new section; providing an effective date; and providing an expiration date.
Referred to Committee on Health & Long-Term Care.
SB 6357 by Senators Johnson, Keiser, Esser, Eide, Prentice, McCaslin, Rasmussen, Winsley and Oke
AN ACT Relating to enhancements to criminal trespass law; and amending RCW 9A.52.010.
Referred to Committee on Judiciary.
SB 6358 by Senators Hargrove and Stevens
AN ACT Relating to improved communication regarding offenders with treatment orders; amending RCW 71.05.445; reenacting and amending RCW 71.05.390; adding a new section to chapter 71.05 RCW; adding a new section to chapter 10.77 RCW; creating new sections; and declaring an emergency.
Referred to Committee on Children & Family Services & Corrections.
SB 6359 by Senators Fraser, Winsley, Regala, Fairley, Doumit, Thibaudeau, Carlson, Kline, McAuliffe, Spanel and Kohl-Welles
AN ACT Relating to improving air quality through reducing pollutant emissions and increasing energy efficiency of state vehicles; adding new sections to chapter 43.19 RCW; and creating a new section.
Referred to Committee on Natural Resources, Energy & Water.
SB 6360 by Senators Fraser, Winsley, McAuliffe, Kohl-Welles and Shin
AN ACT Relating to state employee holidays; amending RCW 1.16.050; creating a new section; and declaring an emergency.
Referred to Committee on Government Operations & Elections.
SB 6361 by Senators Brown, Winsley, Fraser, Kline and Kohl-Welles
AN ACT Relating to sustainable practices by state agencies; adding a new chapter to Title 43 RCW; making an appropriation; and providing an expiration date.
Referred to Committee on Government Operations & Elections.
SB 6362 by Senators Doumit, Deccio, T. Sheldon and Swecker
AN ACT Relating to the issuance of liquor licenses; and amending RCW 66.24.010.
Referred to Committee on Commerce & Trade.
SB 6363 by Senators Fraser, Winsley, Kline and Spanel
AN ACT Relating to repealing statutes; and adding a new section to chapter 29A.72 RCW.
Referred to Committee on Government Operations & Elections.
SB 6364 by Senators Fraser, Winsley, Kastama, Kline, Kohl-Welles, Thibaudeau, Jacobsen, Spanel, Berkey, Franklin, Shin, Keiser, Regala, Prentice and McAuliffe
AN ACT Relating to repealing statutes; and adding a new section to chapter 44.20 RCW.
Referred to Committee on Government Operations & Elections.
SB 6365 by Senators Haugen and Horn
AN ACT Relating to special license plates; amending RCW 46.16.381; adding new sections to chapter 46.16 RCW; and providing an effective date.
Referred to Committee on Highways & Transportation.
SB 6366 by Senators Haugen, Horn, Keiser, Spanel and Poulsen
AN ACT Relating to a study of commercial vehicle parking; and creating a new section.
Referred to Committee on Highways & Transportation.
SB 6367 by Senators Haugen, Spanel and Winsley
AN ACT Relating to protecting the integrity of national historical reserves in the urban growth area planning process; and amending RCW 36.70A.110.
Referred to Committee on Land Use & Planning.
SB 6368 by Senators Haugen, Oke and Spanel
AN ACT Relating to compliance with the hydraulic project approval requirements; amending RCW 77.15.300; and adding a new section to chapter 77.55 RCW.
Referred to Committee on Parks, Fish & Wildlife.
SB 6369 by Senators Haugen, Spanel, Eide, Thibaudeau, Oke, Keiser, McAuliffe and Kohl-Welles
AN ACT Relating to property tax exemptions for persons confined in adult family homes and certain boarding homes; and amending RCW 84.36.381 and 84.36.383.
Referred to Committee on Ways & Means.
SB 6370 by Senators Kline, Brandland and McCaslin
AN ACT Relating to a clarification of the earned release time provisions for offenders held in city or county jails; amending RCW 9.92.151 and 70.48.210; and providing an expiration date.
Referred to Committee on Judiciary.
SB 6371 by Senators Kline, McCaslin, Haugen, Esser, Johnson, Rasmussen, Oke, Fairley, Keiser, Murray, Roach, Shin and Eide
AN ACT Relating to driving while under the influence of alcohol or any drug; amending RCW 46.61.502, 46.61.504, 46.61.5055, and 46.61.524; reenacting and amending RCW 9.94A.515; prescribing penalties; and providing an effective date.
Referred to Committee on Judiciary.
SB 6372 by Senators Oke, Doumit, Sheahan, B. Sheldon, McAuliffe, Regala, Spanel, Haugen, Roach, Fraser and Shin
AN ACT Relating to the Washington state parks centennial; adding a new chapter to Title 79A RCW; providing an expiration date; and declaring an emergency.
Referred to Committee on Parks, Fish & Wildlife.
AN ACT Relating to the nursing facility medicaid payment system; amending RCW 74.46.431, 74.46.433, 74.46.496, 74.46.501, 74.46.506, and 74.46.511; repealing RCW 74.46.091, 74.46.535, and 82.71.020; and providing an effective date.
Referred to Committee on Ways & Means.
SB 6374 by Senators Doumit, Prentice, Brandland, Thibaudeau and Spanel
AN ACT Relating to radiology assistants; amending RCW 18.84.010, 18.84.020, and 18.84.030; and adding a new section to chapter 18.84 RCW.
Referred to Committee on Health & Long-Term Care.
SB 6375 by Senators Honeyford, Mulliken, Hewitt and Shin
AN ACT Relating to postretirement employment in the public employees' retirement system and the teachers' retirement system; amending RCW 41.32.010, 41.32.570, and 41.40.010; and reenacting and amending RCW 41.40.037.
Referred to Committee on Ways & Means.
AN ACT Relating to setting and meeting flow levels; amending RCW 79A.15.030; and adding a new section to chapter 90.54 RCW.
Referred to Committee on Natural Resources, Energy & Water.
AN ACT Relating to renewal of transient accommodation licenses; and amending RCW 70.62.260.
Referred to Committee on Commerce & Trade.
SB 6378 by Senators Esser, Haugen, McCaslin, Prentice, Hale, B. Sheldon and Keiser
AN ACT Relating to prohibiting unauthorized operation of a recording device in a motion picture exhibition facility; adding a new chapter to Title 19 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 6379 by Senators Deccio, Kline, Thibaudeau and McAuliffe; by request of Department of Social and Health Services
AN ACT Relating to requiring support payments for a child with a developmental disability in out-of-home care; amending RCW 13.34.160, 13.34.270, 74.13.031, 74.13.350, and 74.20A.030; and providing an effective date.
Referred to Committee on Health & Long-Term Care.
SB 6380 by Senators McCaslin, Kline, Thibaudeau and Prentice; by request of Department of Social and Health Services
AN ACT Relating to the distribution of child support amongst multiple cases; and amending RCW 26.23.035.
Referred to Committee on Children & Family Services & Corrections.
SB 6381 by Senators Prentice and Keiser; by request of Insurance Commissioner
AN ACT Relating to requiring all insurers to file credit based rating plans; and amending RCW 48.19.035.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6382 by Senators Benton and Berkey; by request of Insurance Commissioner
AN ACT Relating to exempting certain insurance policy forms from filing requirements; and amending RCW 48.18.100 and 48.18.103.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6383 by Senators Murray and Berkey; by request of Insurance Commissioner
AN ACT Relating to insurance; amending RCW 48.02.180, 48.05.340, 48.11.100, 48.11.140, 48.18.430, 48.21.047, 48.23.010, 48.24.030, 48.29.010, 48.29.020, 48.29.120, 48.29.130, 48.29.170, 48.30.300, 48.30A.045, 48.30A.060, 48.30A.065, 48.31.100, 48.38.030, 48.44.240, 48.66.020, 48.66.055, 48.92.120, and 48.98.015; adding a new section to chapter 48.66 RCW; and repealing RCW 48.05.360, 48.29.030, 48.29.060, 48.29.070, 48.29.090, 48.29.100, 48.29.110, and 48.34.910.
Referred to Committee on Financial Services, Insurance & Housing.
SB 6384 by Senators Esser, Thibaudeau, Keiser, Regala, Eide, McCaslin, Rasmussen, Oke, Prentice, B. Sheldon, Kline, Murray, McAuliffe, Kohl-Welles and Roach
AN ACT Relating to penalties against convicted domestic violence offenders to pay for domestic violence programs; amending RCW 3.50.100, 3.62.090, and 10.82.070; reenacting and amending RCW 3.62.020; adding a new section to chapter 10.99 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Judiciary.
SB 6385 by Senators Carlson, McAuliffe, Rasmussen, Eide, Doumit, Esser, Parlette, Schmidt, Swecker, Oke, Jacobsen, Winsley, B. Sheldon, Haugen, Kline, Keiser, Kohl-Welles and Pflug
AN ACT Relating to promoting environmental education partnerships and strategic planning; adding new sections to chapter 28A.300 RCW; and creating a new section.
Referred to Committee on Education.
SB 6386 by Senators Fraser, Morton, Winsley, Carlson, Regala and Kline
AN ACT Relating to electrification projects to reduce air pollution in environmentally hazardous or sensitive areas; adding new sections to chapter 70.94 RCW; creating a new section; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Natural Resources, Energy & Water.
SB 6387 by Senators Regala, Brown, Fairley, Spanel, Jacobsen, Prentice, Kohl-Welles, Poulsen, Thibaudeau, Kline, Fraser, B. Sheldon and Franklin
AN ACT Relating to the enhancement and stabilization in perpetuity of state forest land revenue through the strategic marketing of wood products; amending RCW 79.10.320; adding a new section to chapter 79.10 RCW; and creating a new section.
Referred to Committee on Natural Resources, Energy & Water.
SB 6388 by Senators Rasmussen, Esser, Prentice, McAuliffe, Kline, Shin, Keiser, Fraser, Kastama, Haugen, Spanel, Kohl-Welles, Brown and Eide
AN ACT Relating to early intervention services from birth to three for children with disabilities; adding new sections to chapter 28A.155 RCW; and creating a new section.
Referred to Committee on Education.
SB 6389 by Senators Brandland, Haugen, Esser, Rasmussen, Kline, Murray and Kohl-Welles
AN ACT Relating to weapons in commercial service airports; and amending RCW 9.41.300.
Referred to Committee on Judiciary.
AN ACT Relating to creating a public body right to retained funds under public improvement contracts; and amending RCW 60.28.010, 60.28.011, and 60.28.040.
Referred to Committee on Government Operations & Elections.
SB 6391 by Senators Honeyford and T. Sheldon
AN ACT Relating to establishing priorities for the industrial insurance system; and adding a new section to chapter 51.04 RCW.
Referred to Committee on Commerce & Trade.
SB 6392 by Senators Honeyford, Mulliken, Hewitt and T. Sheldon
AN ACT Relating to industrial insurance claims filed with the department of labor and industries; amending RCW 51.32.210; and adding a new section to chapter 51.32 RCW.
Referred to Committee on Commerce & Trade.
SB 6393 by Senators Honeyford and T. Sheldon
AN ACT Relating to workers' compensation managed care arrangements; amending RCW 51.36.010; adding a new section to chapter 51.36 RCW; and adding a new chapter to Title 51 RCW.
Referred to Committee on Commerce & Trade.
SB 6394 by Senators Honeyford and T. Sheldon
AN ACT Relating to industrial insurance final settlement agreements; amending RCW 51.04.060; and adding a new section to chapter 51.32 RCW.
Referred to Committee on Commerce & Trade.
AN ACT Relating to applications for compensation under the industrial insurance system; and amending RCW 51.28.010, 51.28.055, 51.28.040, and 51.32.160.
Referred to Committee on Commerce & Trade.
SB 6396 by Senators Winsley and Kastama
AN ACT Relating to municipal officers' interests in public contracts; and amending RCW 42.23.030.
Referred to Committee on Government Operations & Elections.
SB 6397 by Senators Doumit, Brandland, Kastama, Johnson, Rasmussen, Prentice, Murray and Pflug
AN ACT Relating to emergency medical service personnel; and reenacting and amending RCW 18.71.205.
Referred to Committee on Health & Long-Term Care.
SB 6398 by Senators Doumit, Kastama, Rasmussen and Prentice
AN ACT Relating to proof of financial responsibility or motor vehicle liability insurance; and amending RCW 46.16.212, 46.16.210, and 46.30.040.
Referred to Committee on Highways & Transportation.
SB 6399 by Senators Esser and Rasmussen
AN ACT Relating to guardianship fees and compensation in superior courts; and amending RCW 11.92.180.
Referred to Committee on Judiciary.
SB 6400 by Senators Kastama and Rasmussen
AN ACT Relating to the inclusion of cultural facilities under the authority of certain public facilities districts; and adding a new section to chapter 82.14 RCW.
Referred to Committee on Government Operations & Elections.
SB 6401 by Senators Rasmussen, Roach, Kastama, Franklin, Doumit, Shin, Schmidt, Oke, Haugen and Murray
AN ACT Relating to encroachment of incompatible land uses around military installations; amending RCW 36.70A.030 and 36.70A.210; adding a new section to chapter 36.70A RCW; and creating a new section.
Referred to Committee on Land Use & Planning.
SB 6402 by Senators Benton, Rasmussen, Winsley, Keiser and Kohl-Welles
AN ACT Relating to providing the option of keeping landlord trust account funds in a credit union; and amending RCW 59.18.270.
Referred to Committee on Financial Services, Insurance & Housing.
SJM 8031 by Senators Morton, Poulsen, T. Sheldon, Honeyford, Hale, Doumit, Mulliken, Murray and Rasmussen
Requesting rate roll-backs for Bonneville Power Administration.
Referred to Committee on Natural Resources, Energy & Water.
SCR 8419 by Senators Franklin, Deccio, Thibaudeau, Keiser, T. Sheldon, McAuliffe and Kohl-Welles
Creating a joint select committee on health disparities.
Referred to Committee on Health & Long-Term Care.
MOTION
On motion of Senator Esser, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTION
On motion of Senator Esser, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Franklin, the following resolution was adopted.
By Senators Franklin, Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, B. Sheldon, T. Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli
WHEREAS, The third Monday in January is dedicated to celebrating the life of Dr. Martin Luther King, Jr.; and
WHEREAS, Dr. King's timeless principles of tolerance, racial justice, and social equality defined his character and leadership; and
WHEREAS, He believed that a person's worth should not be measured by his or her color, culture, or class but rather by his or her commitment to making life better for all through service rendered to each other; and
WHEREAS, This holiday commemorates a day of interracial and intercultural cooperation and sharing; and
WHEREAS, Peace and nonviolent resolutions continue to serve as a revolutionary force in Dr. King's global vision for change; and
WHEREAS, Since 1984, Americans have kept Dr. King's legacy alive on this holiday by renewing commitment to the principles by which he lived;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate, on behalf of the people of our state, do, in recognition of the outstanding leadership and courage demonstrated by Dr. Martin Luther King, Jr., honor his memory by urging all citizens of our state to continue the legacy of Dr. King by working for fairness, justice, and peace at home and abroad; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Martin Luther King Center in Tacoma, Washington.
Senators Franklin, Carlson, Prentice, Shin, Esser, Kohl-Welles, Thibaudeau and Kline spoke in favor of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8690.
The motion by Senator Franklin carried and the resolution was adopted by voice vote.
MOTION
On motion of Senator Esser, all names were added to Senate Resolution No. 8690.
Senator McAuliffe: “Point of Personal Privilege. Thank you Mr. President. I would ask that the Senate have a moment of silence to recognize the passing of Bob Maier. Bob Maier was dedicated to the education of students across the state of Washington. He was a teacher at Mercer Island High School in the Crest Learning Center and spent twenty years in Olympia working on behalf of the children in our schools for the Washington Education Association. He left us a legacy and that was to provide the opportunity for our students and teachers to reach their full potential in our schools and I ask that we recognize his work.”
The Senators stood for a moment of silence in memory of Bob Maier, who passed away January 12, 2004.
MOTION
At 10:33 a.m., on motion of Senator Esser, the Senate was declared to be at ease subject to the Call of the President for purposes of a Rules meeting and caucuses.
The Senate was called to order at 11:26 a.m. by President Owen.
MOTION
On motion of Senator Esser, Senate Rule 20 was suspended for the remainder of the day for the purpose of allowing consideration of additional floor resolutions.
MOTION
On motion of Swecker, the following resolution was adopted.
By Senators Rasmussen and Swecker
WHEREAS, Washington state cattle ranchers and dairy farmers make up two of the largest sectors of this state's agricultural economy, with a combined value of more than 1 billion dollars; and
WHEREAS, Washington state beef producers produce more than 1.2 million cattle annually at a value of over 5.5 million dollars, ranking it the third or fourth largest agricultural commodity in the state year after year; and
WHEREAS, Washington state dairy farmers own 247,000 dairy cows producing over 5.6 billion pounds of milk annually, ranking it eighth nationwide in total production and first nationwide in per-cow production; and
WHEREAS, These two industries provide tens of thousands of jobs within their industries as well as many more in related industries; and
WHEREAS, The beef and dairy products produced in Washington state are shipped to grocery stores and restaurants not only in our own state but across the country and around the world; and
WHEREAS, Beef and dairy products are an excellent source of nutrition, providing essential vitamins and nutrients for a long, healthy life; and
WHEREAS, It is very important that now, more than ever, the citizens of Washington state join together to support these industries;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington recognize the week of January 17 through January 24, 2004, as Washington Beef and Dairy Week; and
BE IT FURTHER RESOLVED, That all citizens enjoy Washington's beef and dairy products this week and throughout the year.
Senators Swecker, Rasmussen, Mulliken and Honeyford spoke in favor of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8691.
The motion by Senator Swecker carried and the resolution was adopted by voice vote.
Senator Deccio: “Point of Personal Privilege. Mr. President, ladies and gentlemen of the Senate. Comil Padayo was a very loved former House of Representatives employee since 1965, died Friday at St. Peter Hospital. Comil was in the House when I came there in 1975 and had already been there for 10 years. He started out at age 20, he retired last year at age 59 as Assistant Supervisor for Facilities because of health problems. He’d been an Assistant Sergeant at Arms, garage supervisor, bill clerk, committee clerk, doorman and parking lot attendant in earlier roles. He suffered from diabetes and heart and kidney problems accordingly to House employees Friday morning. He was a very sweet caring man said Greg Lane spokesman for the House. I knew Padayo, Comil as many of you did. He was just a tireless worker. The House was his whole life and he dedicated without any caring for himself and his services are going to be announced. His burial will be in Spokane so Mr. President you knew him as well as I did. I’d like to take a moment of prayer for Comil.”
The Senators stood for a moment of silence in memory of Comil Padayao, who passed away January 16, 2004.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced former Senator and Representative from the 34th Legislative District, West Seattle, Judge Mike Heavey, Superior Court, King County.
Senator McCaslin: “Point of Personal Privilege. Mike Heavey was the only State Senator when he was sworn in that he said that he would uphold the laws that he agreed with.”
MOTION
On motion of Senator Esser, the Senate reverted to the fifth order of business.
SUPPLEMENTAL INTRODUCTION AND FIRST READING
SCR 8420 by Senators Stevens, Shin, Mulliken, Parlette and Kohl-Welles
Creating the American Legislative Exchange Council Thirty-first Annual Meeting Host Committee.
MOTION
On motion of Senator Esser, the rules were suspended and Senate Concurrent Resolution No. 8420 was placed on the second reading calendar.
MOTION
On motion of Senator Esser, the Senate advanced to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8420, by Senators Stevens, Shin, Mulliken, Parlette and Kohl-Welles
Creating the American Legislative Exchange Council Thirty-first Annual Meeting Host Committee.
The resolution was read the second time.
MOTION
On motion of Senator Esser, the rules were suspended, Senate Concurrent Resolution No. 8420 was advanced to third reading, the second reading considered the third and the resolution be adopted.
Senators Stevens, Shin and Kohl-Welles spoke in favor of the resolution.
The President declared the question before the Senate to be the motion by Senator Esser that the rules be suspended and Senate Concurrent Resolution No. 8420 be advanced to third reading and adopted.
SENATE CONCURRENT RESOLUTION NO. 8420 was adopted by voice vote.
MOTION
On motion of Senator Esser, the Senate advanced to the seventh order of business.
THIRD READING
SENATE BILL NO. 5034, by Senators Zarelli, Winsley, McCaslin, T. Sheldon, Hale, Benton, West, Esser, Sheahan, Oke and Kohl-Welles
Providing property tax relief for senior citizens and persons retired because of physical disability.
The bill was read on Third Reading.
Senators Zarelli, Kastama, Benson and Fraser spoke in favor of passage of the bill.
Senator Spanel spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5034.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5034 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Roach, Schmidt, Sheldon, T., Shin, Stevens, Swecker, Winsley and Zarelli.
Voting nay: Senators Regala, Sheldon, B., Spanel and Thibaudeau.
Absent: Senator Sheahan
SENATE BILL NO. 5034, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
THIRD READING
ENGROSSED SENATE BILL NO. 5257, by Senators Roach, Doumit, Hale, Mulliken, T. Sheldon, Hewitt, Stevens, Parlette, Horn, Rossi, Benton, Johnson, Rasmussen and Esser
Requiring gubernatorial approval of all agency rules. (REVISED FOR ENGROSSED: Requiring gubernatorial approval of certain legislative rules.)
The bill was read on Third Reading.
Senators Roach, Kastama and Brandland spoke in favor of passage of the bill.
Senator Franklin: “Will the good Senator from the twenty-fifth district yield to a question. Thank you Mr. President. My question is that this bill went the same bill which has a House number that passed, went to the Governor’s desk. The Governor vetoed the bill. We have the same bill back in front of us. Was there any consideration of working with the Governor in order to come up with an acceptable bill.”
Senator Kastama: “That’s an excellent point Senator. To my knowledge there hasn’t been but again I’m not the prime sponsor of this particular piece of legislation so I can’t really inform the body as far as that goes. I do know that the Governor of course made regulatory reform one of his bigger issues the last legislative session. So I know it’s very important that he’s looking for actual regulatory reform that does make a significant change, but as to this one any modifications. I will say this; it started out the bill, and I don’t want to make this lengthy Mr. President. The bill did start out that every regulation he would have to sign. Now, that would be almost impossible for him to do that, not impossible but it would be I think to burdensome, so we went to significant legislative rules which narrows it down, to I believe, to the vicinity seventy per year and I think the committee felt that was more reasonable. So, there was input on that level but further input between last session and this session I’m not aware of. Thank you for the question, Senator.”
MOTION
On motion of Senator Hewitt, Senators Honeyford and Sheahan were excused.
Senators Fairley, Franklin and Kline spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5257.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5257 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Rasmussen, Roach, Schmidt, Sheldon, T., Shin, Stevens, Swecker, Winsley and Zarelli.
Voting nay: Senators Berkey, Brown, Fairley, Franklin, Fraser, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau.
Excused: Senators Honeyford and Sheahan.
ENGROSSED SENATE BILL NO. 5257, having received the constitutional majority was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 12:06 p.m., on motion of Senator Esser, the Senate adjourned until 12:00 noon, Tuesday, January 20, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate