The Senate was called to order at 12:30 p.m. by the Vice President Pro Tempore. No roll call was taken.

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

SB 5027 Prime Sponsor, Jacobsen: Improving real estate excise tax procedures for taxation of water rights transfers. Reported by Committee on Water, Energy & Environment

MAJORITY recommendation: That Substitute Senate Bill No. 5027 be substituted therefor, and the substitute bill do pass. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Pridemore and Regala

MINORITY recommendation: Do not pass. Signed by Senators Hewitt, Honeyford and Morton

SB 5123 Prime Sponsor, Kastama: Concerning sales of precursor drugs. Reported by Committee on Judiciary

MAJORITY recommendation: That Substitute Senate Bill No. 5123 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Hargrove, Rasmussen and Thibaudeau

MINORITY recommendation: Without recommendation. Signed by Senators Esser, Johnson and McCaslin

SB 5136 Prime Sponsor, Doumit: Modifying fire protection district property tax levies. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, Mulliken, Pridemore and Roach

SB 5141 Prime Sponsor, Rasmussen: Providing for early intervention services for children with disabilities. Reported by Committee on Early Learning, K-12 & Higher Education

MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Berkey, Delvin, Eide, Kohl-Welles, Pridemore, Rasmussen, Rockefeller, Shin and Weinstein

SB 5190 Prime Sponsor, Fraser: Concerning adulterated commercial feed. Reported by Committee on Agriculture & Rural Economic Development

MAJORITY recommendation: That Substitute Senate Bill No. 5190 be substituted therefor, and the substitute bill do pass. Signed by Senators Rasmussen, Chair; Shin, Vice Chair; Delvin, Jacobsen, Morton and Schoesler

SB 5311 Prime Sponsor, Rasmussen: Creating an autism task force. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Without recommendation. Signed by Senators Keiser, Chair; Benson, Deccio, Franklin, Johnson, Kastama, Kline, Parlette and Poulsen

SB 5349 Prime Sponsor, Kastama: Creating a dyslexia reading instruction pilot program. Reported by Committee on Early Learning, K-12 & Higher Education

MAJORITY recommendation: That Substitute Senate Bill No. 5349 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Benton, Berkey, Carrell, Delvin, Eide, Kohl-Welles, Mulliken, Pflug, Pridemore, Rasmussen, Rockefeller, Schmidt, Schoesler, Shin and Weinstein

SB 5352 Prime Sponsor, Esser: Revising provisions relating to animal cruelty. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

SB 5387 Prime Sponsor, Regala: Requiring water conservancy board commissioners to disclose certain financial information. Reported by Committee on Water, Energy & Environment

MAJORITY recommendation: That Substitute Senate Bill No. 5387 be substituted therefor, and the substitute bill do pass. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Pridemore and Regala

MINORITY recommendation: Do not pass. Signed by Senators Hewitt, Honeyford and Morton

SB 5397 Prime Sponsor, Rockefeller: Changing vehicle emission standards provisions. Reported by Committee on Water, Energy & Environment

MAJORITY recommendation: That Substitute Senate Bill No. 5397 be substituted therefor, and the substitute bill do pass. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Pridemore and Regala

MINORITY recommendation: Do not pass. Signed by Senators Hewitt, Honeyford and Morton

SB 5439 Prime Sponsor, Roach: Authorizing background checks on gubernatorial appointees. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Haugen, Kline, McCaslin and Roach

SB 5443 Prime Sponsor, Rasmussen: Providing a property tax exemption to widows or widowers of honorably discharged veterans. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken, Pridemore and Roach

SB 5445 Prime Sponsor, Kline: Clarifying Initiative 297. Reported by Committee on Water, Energy & Environment

MAJORITY recommendation: That Substitute Senate Bill No. 5445 be substituted therefor, and the substitute bill do pass. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Pridemore and Regala

MINORITY recommendation: Do not pass. Signed by Senators Hewitt, Honeyford, Morton and Mulliken

SB 5462 Prime Sponsor, McCaslin: Changing the terms for nonlegislative members of the legislative ethics board. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken, Pridemore and Roach

SB 5465 Prime Sponsor, Rasmussen: Modifying the taxation of land valued under the open space program. Reported by Committee on Agriculture & Rural Economic Development

MAJORITY recommendation: Do pass. Signed by Senators Rasmussen, Chair; Shin, Vice Chair; Delvin, Jacobsen, Morton, Schoesler and Sheldon

SB 5469 Prime Sponsor, Schmidt: Creating an individual development account program. Reported by Committee on International Trade & Economic Development

MAJORITY recommendation: That Substitute Senate Bill No. 5469 be substituted therefor, and the substitute bill do pass. Signed by Senators Shin, Chair; Sheldon, Vice Chair; Doumit, Eide, Pflug, Roach and Zarelli

SB 5528 Prime Sponsor, Morton: Eliminating certain fees for hydraulic works inspections. Reported by Committee on Water, Energy & Environment

MAJORITY recommendation: Do pass. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Hewitt, Honeyford and Morton

SB 5563 Prime Sponsor, Franklin: Including women's contributions in the World War II oral history project. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken and Roach

SB 5565 Prime Sponsor, Schmidt: Informing out-of-state, overseas, and service voters of rights and procedures. Reported by Committee on Government Operations & Elections

MAJORITY recommendation: Do pass. Signed by Senators Kastama, Chair; Berkey, Vice Chair; Benton, Fairley, Haugen, Kline, McCaslin, Mulliken, Pridemore and Roach

SB 5569 Prime Sponsor, Keiser: Revising the nursing facility payment system. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Without recommendation. Signed by Senators Keiser, Chair; Benson, Deccio, Franklin, Johnson, Kastama, Kline, Parlette and Poulsen

SB 5664 Prime Sponsor, McAuliffe: Improving teachers' skills with regard to children with learning differences. Reported by Committee on Early Learning, K-12 & Higher Education

MAJORITY recommendation: That Substitute Senate Bill No. 5664 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Benton, Berkey, Carrell, Delvin, Eide, Kohl-Welles, Mulliken, Pflug, Pridemore, Rasmussen, Rockefeller, Schmidt, Schoesler, Shin and Weinstein, Vice Chair, Higher Education

SB 5676 Prime Sponsor, Poulsen: Requiring oil spill contingency plans to include shellfish beds. Reported by Committee on Water, Energy & Environment

MAJORITY recommendation: That Substitute Senate Bill No. 5676 be substituted therefor, and the substitute bill do pass. Signed by Senators Poulsen, Chair; Rockefeller, Vice Chair; Fraser, Hewitt, Honeyford, Morton, Pridemore and Regala

SB 5771 Prime Sponsor, Thibaudeau: Requiring coverage for neurodevelopmental therapies. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Without recommendation. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Deccio, Franklin, Johnson, Kastama, Kline, Parlette and Poulsen

SB 5812 Prime Sponsor, Keiser: Creating the nursing facility medicaid program trust account. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Without recommendation. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Deccio, Franklin, Johnson, Kastama, Kline, Parlette and Poulsen

SB 5813 Prime Sponsor, Keiser: Exempting certain nursing homes from the quality maintenance fee. Reported by Committee on Health & Long-Term Care

MAJORITY recommendation: Without recommendation. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Benson, Deccio, Franklin, Johnson, Kastama, Kline, Parlette and Poulsen

On motion of Senator Rockefeller, all measures listed on the Standing Committee report were referred to the committees as designated with the exception of Senate Bill No. 5443 which was referred to the Committee on Ways & Means and Senate Bill No. 5027 which was referred to the Committee on Rules.

On motion of Senator Rockefeller, the Senate advanced to the fourth order of business.

On motion of Senator Rockefeller, the Senate advanced to the fifth order of business.

AN ACT Relating to vehicle immobilization; amending RCW 46.55.010; and adding a new section to chapter 46.55 RCW.

AN ACT Relating to the master licensing service; and adding a new section to chapter 19.02 RCW.

SB 5968 by Senators Rasmussen, Morton, Schoesler, Jacobsen, Delvin, Parlette and Mulliken

AN ACT Relating to studying the economic and social contribution of agricultural fairs to Washington state; and creating new sections.

AN ACT Relating to city and town use of state fuel tax distributions; and amending RCW 46.68.110.

AN ACT Relating to higher education; adding new sections to chapter 28B.50 RCW; and creating a new section.

SB 5971 by Senators McAuliffe, Pridemore, Schmidt, Eide, Shin, Rockefeller, Berkey, Weinstein, Kohl-Welles, Delvin and Rasmussen

AN ACT Relating to a statewide student association; and adding a new section to chapter 28B.76 RCW.

AN ACT Relating to the business and occupation tax credit for property tax payments related to the manufacture of commercial airplanes; amending RCW 82.04.4463; providing an effective date; and declaring an emergency.

AN ACT Relating to the sales and use taxation of candy; amending RCW 82.08.0293 and 82.12.0293; adding a new section to chapter 82.32 RCW; creating a new section; and providing an effective date.

SB 5974 by Senators Prentice, Hargrove and Haugen; by request of Lieutenant Governor

AN ACT Relating to drug use among pregnant women; amending RCW 70.96A.090; and creating a new section.

AN ACT Relating to competitive bid requirements; and reenacting and amending RCW 36.32.245.

AN ACT Relating to the state fire protection policy board; and amending RCW 43.43.932.

AN ACT Relating to the "we love our pets" special license plates; reenacting and amending RCW 46.16.313; adding new sections to chapter 46.16 RCW; and adding a new section to chapter 46.04 RCW.

AN ACT Relating to eliminating the partial relinquishment of water rights; and amending RCW 90.14.130, 90.14.160, 90.14.170, and 90.14.180.

SB 5979 by Senators Benson, Carrell, Mulliken, Kastama, Poulsen, Parlette, Hewitt, Esser, Schmidt, Delvin, Berkey, Franklin, Sheldon, Brandland, Swecker, Schoesler, Zarelli, Honeyford, Rasmussen and Oke

AN ACT Relating to search and rescue dogs; amending RCW 9.91.170; and prescribing penalties.

AN ACT Relating to small business health savings accounts; and amending RCW 48.21.045, 48.44.023, and 48.46.066.

AN ACT Relating to cost reduction in health benefit plans; amending RCW 48.21.045, 48.44.023, 48.46.066, and 41.05.065; and creating a new section.

SB 5982 by Senators Parlette, Deccio, Hewitt, Brandland, Honeyford, Mulliken, Schmidt and Oke

AN ACT Relating to access to health insurance for small employers and their employees; and amending RCW 48.21.045, 48.44.023, and 48.46.066.

AN ACT Relating to professional certification of teachers; amending RCW 28A.410.210 and 28A.305.130; and creating a new section.

SJM 8017 by Senators Franklin, Deccio, Kline, Hewitt, Benson, Shin, McCaslin, Mulliken, Morton, Delvin, Pflug, Benton, Oke, Swecker, Roach, Zarelli, Brandland, Carrell, Schmidt, Honeyford, Rasmussen, Prentice, Rockefeller, Keiser, Doumit, McAuliffe, Spanel, Fairley, Weinstein, Pridemore, Regala, Jacobsen, Brown and Parlette

HB 1194 by Representatives Simpson, Campbell, Appleton, Clements, Cody, Sommers, P. Sullivan, Morrell, Schual-Berke, Chase, Dickerson, Kenney, O'Brien, Clibborn, Conway, Green, Sells, Kagi, Ormsby, Wallace, Upthegrove, Hasegawa and Kilmer

AN ACT Relating to reimportation of prescription drugs; amending RCW 70.14.050; adding a new section to chapter 70.14 RCW; and creating a new section.

On motion of Senator Rockefeller, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Senate Bill No. 5970 which was referred to the Committee on Labor, Commerce, Research & Development.

At 12:35 p.m., on motion of Senator Rockefeller, the Senate was declared to be at ease subject to the call of the President for the purpose of a Joint Session with the House of Representatives.

The Sergeant at Arms of the House announced that the Senate had arrived. The Speaker (Representative Lovick presiding) requested that the Sergeant at Arms of the House and the Sergeant at Arms of the Senate escort President Pro Tempore Rosa Franklin, Majority Leader Lisa Brown and Minority Leader Bill Finkbeiner to seats on the Rostrum. The Senators were invited to seats within the Chamber.

The Speaker (Representative Lovick presiding) called upon President Pro Tempore Franklin to preside over the Joint Session.

President Pro Tempore Franklin called the Joint Session to order. The Clerk called the roll of the House and Senate and a quorum was present.

President Pro Tempore Franklin introduced the Statewide Elected Officials: Governor Christine Gregoire, Secretary of State Sam Reed, State Treasurer Mike Murphy, Insurance Commissioner Mike Kreidler and Attorney General Rob McKenna.

The Clerk called the roll of the former members who were in attendance: Art Brown, Jerry Ellis, Phyllis Erickson, Bill Garson, Barbara Granlund, Audrey Gruger, Steve Hargrove, Denny Heck, Lorraine Hine, Joan Houchen, Brock Jackley, Sue Karahalios, Richard King, Louise Miller, Val Ogden, Paul Sanders, Ray Schow, Dean Sutherland, Joe Taller, Mike Todd, Shirley Winsley, William Young, Former Secretary of State Ralph Munro, and Former House Sergeant at Arms, Ross Young.

The Flags were escorted to the Rostrum by the Washington State Patrol Color Guard. President Pro Tempore Franklin led the Chamber in the Pledge of Allegiance.

President Pro Tempore Franklin announced the purpose of the joint session was to conduct memorial services in memory of departed former members of the Legislature. President Pro Tempore Franklin turned the gavel over to Speaker Pro Tempore Lovick to conduct the service.

Reverend Grace: “Spirit of Life, we come together this afternoon from all across our beautiful and great state of Washington to honor and remember those who have given committed and dedicated service to this State and their home communities through their membership in this Legislature.

We represent the rich variety of people, points of view, and sacred faith traditions of our vibrant State. Today, we join together as one in the spirit of love, compassion, and appreciation as we honor the memories of our colleagues, friends and family members. We recognize that we are together on this profound journey of life with all its sorrows and joys, its stumblings and triumphs, it mystery and wisdom. Together, as community, we bless and heal, we teach and learn, we uplift and help one another.

It is in profound gratitude that we honor past members of this Legislature who have made their transition this year, passing from the experience of this earthly life. While we sorrow and grieve at their loss, we also rejoice that our lives have been touched by these dear ones. Our hearts are healed as we remember them. We find ourselves deepened, enriched and lifted up, encouraged and strengthened.

We are so grateful for each of these dear ones: dedication to service for the greater good, for their willingness to take on the often difficult mantle of leadership; for the great time, energy and effort they gave to their work; for their ability to live up to their ideals; for their willingness to give of themselves; and most of all for their love of family, friends, community and state.

This afternoon we open ourselves to this time or memorial, this time of honor, this time coming together as community. As we begin let us share in the ideas of this beautiful poem:

And, she is just as able to bear her load of living freight to her destined port.

The Intern Ensemble Choir, composed of Senate and House interns and directed by Dorian Waller, performed “Swing Low Sweet Chariot.”

Speaker Pro Tempore Lovick: “We are assembled today to pay tribute to the lives and services of the distinguished former members of the Senate and House of Representatives of the State of Washington who have passed from among us. On behalf of the people of our State, the Fifty Ninth Legislature of the State of Washington conveys its respects to those deceased legislators who once sat in the hallowed chambers of the House and Senate, answered roll calls on sometimes critical perplexing bills, attended committee meetings and above all else, served to the best of their abilities in order to make our state a better and more enjoyable place to live. While their journey in this is completed, their achievements, records and valued services have been recorded in the journals of the Senate and House, and are now and forevermore a permanent part of the history of the State of Washington.

We express our sympathies to the bereaved families and their friends, and also share with them on this memorable occasion the fond and happy memories of these legislators, who served well beyond their call of duty and responsibilities, and truly loved this great State of Washington. They have indeed left a legacy of dedicated service that will remain forever etched in our hearts, our memories and our legislative records.”

Speaker Pro Tempore Lovick and President Pro Tempore Franklin called the roll of the deceased former members of the Senate and House of Representatives:

MEMBER	DISTRICT & YEARS SERVED	MEMORIALIST
Daniel Brink	35^th District House 1959-63	Rep. Ed Murray
Eric Braun	12^th District House 1957-67	Rep. Mike Armstrong
Daniel Donovan	38^th District House 1947-49	Rep. John McCoy
Robert Ford	23^rd District House 1941-43, 1945-53	Sen. Karen Fraser
Robert "Bob” Gaines	30^th District House 1973-79	Rep. Skip Priest
R.R. "Bob" Grieve	34^th District Senate 1947-1975	Rep. Joe McDermott
Charles Kilbury	16^th District House 1969-79	Rep. Sam Hunt
Harry B. Lewis	22^nd District House 1961-1965 Senate 1965-1977	Rep. Toby Nixon
Catherine May	14^th District House 1953-1959	Reps. Mary Skinner & Maralyn Chase
Joe Mentor	10^th District House 1969-73	Rep. Beverly Woods
Ray Moore	36^th District Senate 1979-1994	Rep. Helen Sommers
Charles Newschwander	28^th, 29^th Districts House 1961-1969 Senate 1969-79	Rep. Tami Green
Frances North	47^th District House 1973-1983	Sen. Stephen Johnson
Eugene "Pat" Patterson	9^th District House 1973-1981 Senate 1981-93	Rep. David Buri
Kent Pullen	47^th District House 1973-75 Senate 1975-90	Sen. Pam Roach
Shirley Rector	5^th District House 1989-91	Sen. Harriet Spanel
George Sheridan	27^th District House 1965-69	Rep. Dennis Flannigan
Sally Walker	28^th District House 1985-1990	Rep. Jan Shabro

Rabbi Goldstein: “El Maleh Rachamin, God full of compassion, we assemble here today, in the seat of our government, to honor the memory of those who have given of themselves to serve this great State, and who have subsequently gone to their eternal home. At this time, we recall the work of the Jewish poet, Hillel Bavli, who wrote these words:

We come from a variety of faith traditions and beliefs, Yet what we all share is the pain which comes from grief, the emptiness which comes from loss. And, we all recognized that although each individual life is short in the grand view of the cosmos, life itself continues and animates the universe. "A wealth of word and deed," write the poet, and indeed, it is in this that our lives touch the eternal. While our time on earth is limited, our words and our deeds ensure that we live on. Our words and deeds – how we touch and move others – have life beyond the course of our natural life spans.

How true this is for those who serve the greater good, who serve as leaders of our communities and of our state. For their actions affect us all. Those who serve in positions of leadership ensure that with their words and deeds we are all uplifted; through their service, we all benefit. The mantle of leadership is a sometimes heavy one to bear, and in honoring the memory of those who served our state, we honor too the commitment they made and the service they gave. For this State, and all its citizens, have benefited from the lives they led.

Our time here on earth teaches us many things. We learn that loss, pain and grief are a part of our human existence. Yet we learn too that so is healing, hope and love. It is love that sustains us in the face of death, and it is love that aids us during the grieving process. As we come together as a community to remember those who served this community, may we support each other in strength. May we draw on the gift of memory to enliven us. May we be inspired by the work of those who have come before us to continue to strive for justice and righteousness. May we follow their great example of public service and concern for the general welfare.

At times of grief we turn to the Eternal Source of All. We pray that the souls of those who have departed from this world be bound up in the bond of life. We pray for your blessing of comfort over those who mourn loss. May our deeds by worthy of the memory of those lawmakers we remember here today. Zichronom liveracha, may their memory be for a blessing. Amen.”

The Legislative Choir sang “Till We meet Again.” The Washington State Patrol offered a ceremonial salute of 17 bells and “Taps” by SPC Nicole Lee.

Reverend Rick Murray of the First Presbyterian Church of Yakima offered the closing prayer.

Reverend Murray: “We are grateful for this good day which you have made. Glad to be in this place of governance – where decisions are made and vital leadership is given to this great State. Today we have remembered those who have gone before, who strove to do justice and love mercy, who made every effort to govern wisely, who gave with energy, intelligence, imagination and love to the work of governing.

We now honor friends who have worked before us, worked along side of us, we miss them, and yet we also walk in the legacy that they leave us. We remember our own call to service and to love, our own desire to leave a legacy of leadership, service, and concern for the people we represent.

Help us to remember our calling, be with us as we continue to serve our state, the people of our districts, and remind us of your values. Truth, life, Justice and mercy are all woven into the fabric of what we need to be about as we move about. Give us eyes to see, hearts to feel, and minds to know the priorities that are Your priorities.

Washington State Patrol Sergeant Keith Huntley played “Amazing Grace” on the bagpipes.

Speaker Pro Tempore Lovick returned the gavel to President Pro Tempore Franklin who thanked the members of the Memorial Committee and everyone who participated in the day’s ceremony.

President Pro Tempore Franklin turned the gavel over to Speaker Pro Tempore Lovick who asked the Sergeant at Arms of the House and Senate to escort President Pro Tempore Franklin, Majority Leader Brown and Minority Leader Finkbeiner from the Rostrum, and the Senators from the floor of the House.

At 2:01 p.m., on motion of Senator Eide, the Senate adjourned until 12:00 noon, Friday, February 18, 2005.