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THIRTY-THIRD DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, February 12, 1999

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Deccio and Finkbeiner. On motion of Senator Honeyford, Senators Deccio and Finkbeiner were excused.

      The Sergeant at Arms Color Guard consisting of Pages Matthew Hall and Benjamin Pratt, presented the Colors. Reverend Howard Ullery, Jr., pastor of the Lacey Community Church, offered the prayer.


MOTION


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


REPORTS OF STANDING COMMITTEES


February 11, 1999

SB 5063             Prime Sponsor, Senator B. Sheldon: Making changes in the TANF program to facilitate adult recipients' completion of education or training that will lead to gainful employment. Reported by Committee on Labor and Workforce Development

 

MAJORITY Recommendation: Do pass. Signed by Senators Fairley, Chair; Franklin, Vice Chair; Kline, Oke and Wojahn.

 

MINORITY Recommendation: Do not pass. Signed by Senator Hochstatter.


      Referred to Committee on Ways and Means.


February 10, 1999

SB 5173             Prime Sponsor, Senator Jacobsen: Creating a Cascade foothills recreational area study. Reported by Committee on Natural Resources, Parks and Recreation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5173 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Snyder, Spanel and Stevens.



      Referred to Committee on Ways and Means.


February 11, 1999

SB 5194             Prime Sponsor, Senator Brown: Changing information technology management provisions. Reported by Committee on Energy, Technology and Telecommunications

 

MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Fairley, Fraser, Hochstatter, Roach and Rossi.


      Passed to Committee on Rules for second reading.


February 11, 1999

SB 5331             Prime Sponsor, Senator Brown: Establishing public utility tax credits for weatherization and energy assistance programs. Reported by Committee on Energy, Technology and Telecommunications


      MAJORITY Recommendation: That Substitute Senate Bill No. 5331 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Fairley, Fraser, Hochstatter, Roach and Rossi.


      Referred to Committee on Ways and Means.

 

February 11, 1999

SB 5336             Prime Sponsor, Senator Kline: Specifying allowable sewer facility capacity charges. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn and Kline.


      Passed to Committee on Rules for second reading.


February 11, 1999

SB 5415             Prime Sponsor, Senator Patterson: Eliminating and consolidating boards, commissions, and programs. Reported by Committee on State and Local Government


      MAJORITY Recommendation: That Substitute Senate Bill No. 5415 be substituted therefor, and the substitute bill do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.


      Passed to Committee on Rules for second reading.


February 11, 1999

SB 5496             Prime Sponsor, Senator Brown: Authorizing the department of revenue to receive electronically filed taxpayer returns and remittances. Reported by Committee on Energy, Technology and Telecommunications


      MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Fairley, Fraser, Hochstatter, Roach and Rossi.


      Passed to Committee on Rules for second reading.


February 11, 1999

SB 5574             Prime Sponsor, Senator Kohl-Welles: Increasing timeliness of fire death reports. Reported by Committee on State and Local Government


      MAJORITY Recommendation: That Substitute Senate Bill No. 5574 be substituted therefor, and the substitute bill do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.


      Passed to Committee on Rules for second reading.


February 11, 1999

SB 5575             Prime Sponsor, Senator Haugen: Adding an ex officio member to the building code council. Reported by Committee on State and Local Government

 

MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.


      Passed to Committee on Rules for second reading.


February 11, 1999

SB 5826             Prime Sponsor, Senator Haugen: Providing funding for the acquisition of rights and interests in open space, farm, and timber land. Reported by Committee on State and Local Government


      MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without recommendation. Signed by Senators Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.


      Referred to Committee on Ways and Means.

MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 5063, Senate Bill No. 5173 and Senate Bill No. 5331 were referred to the Committee on Ways and Means



REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

February 11, 1999

GA 9127            W. ELIZABETH HUANG, appointed September 29, 1998, for a term ending October 1, 2002, as a member of the Small Business Export Finance Assistance Center Board of Directors.

                           Reported by Committee on Commerce, Trade, Housing and Financial Institutions


      MAJORITY Recommendation: That said appointment be confirmed: Signed by Senators Prentice, Chair; Shin, Vice Chair; Benton, Gardner, Hale, Heavey, T. Sheldon, West and Winsley.


      Passed to Committee on Rules.


February 11, 1999

GA 9143            PATRICK H. LePLEY, reappointed November 16, 1998, for a term ending January 17, 2005, as a member of the Horse Racing Commission.

                           Reported by Committee on Commerce, Trade, Housing and Financial Institutions


      MAJORITY Recommendation: That said reappointment be confirmed: Signed by Senators Prentice, Chair; Shin, Vice Chair; Benton, Gardner, Hale, Heavey, T. Sheldon, West and Winsley.


      Passed to Committee on Rules.


February 11, 1999

GA 9164            GUY ROBERTS, appointed August 18, 1998, for a term ending January 17, 2001, as a member of the Horse Racing Commission.

                           Reported by Committee on Commerce, Trade, Housing and Financial Institutions


      MAJORITY Recommendation: That said appointment be confirmed: Signed by Senators Prentice, Chair; Shin, Vice Chair; Benton, Gardner, Hale, Heavey, T. Sheldon, West and Winsley.


      Passed to Committee on Rules.


February 11, 1999

GA 9173            DOLORES SIBONGA, appointed August 18, 1998, for a term ending January 17, 2000, as a member of the Horse Racing Commission.

                           Reported by Committee on Commerce, Trade, Housing and Financial Institutions


      MAJORITY Recommendation: That said appointment be confirmed: Signed by Senators Prentice, Chair; Shin, Vice Chair; Benton, Gardner, Hale, Heavey, T. Sheldon, West and Winsley.


      Passed to Committee on Rules.


PERSONAL PRIVILEGE


      Senator Roach: “A point of personal privilege, Mr. President. I just want to thank you, in behalf of all of us, I believe, for the cookie that is here on our desk from Brad and Linda Owen. It looks wonderful and we just want you to know that we love you, too.”


REPLY BY THE PRESIDENT


      President Owen: “My wife worked diligently on those cakes that are on your desk and I am sure she loves you, too. Thank you very much.”

POINT OF ORDER


      Senator Tim Sheldon: “Thank you, Mr. President. A point of order. I know it would be a break in decorum to partake of this wonderful Valentine, but I just want to know if the President and his wife are forming some type of entrapment here with this offering? Regardless of the motive, we still appreciate the gift.”


REPLY BY THE PRESIDENT


      President Owen: “There is one way to find out, Senator Sheldon.”

POINT OF ORDER


      Senator McAuliffe: “Mr. President, a point of order. Can I have Senator Deccio's cookie?”


REPLY BY THE PRESIDENT


      President Owen: “You will have to take that up with Senator Deccio.”

POINT OF ORDER


      Senator Roach: “A point of order. I'll arm-wrestle you for it.”


INTRODUCTION AND FIRST READING

SB 5849             by Senators Haugen and Fraser

 

AN ACT Relating to laser pointers; adding a new section to chapter 9.41 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

 

SB 5850             by Senators Haugen, McCaslin, Fraser, Loveland, Deccio, Winsley and Rasmussen

 

AN ACT Relating to the impact of retirement allowance adjustments on state-funded long-term care services; amending RCW 41.40.188; creating a new section; and declaring an emergency.

Referred to Committee on Ways and Means.

 

SB 5851             by Senators Horn, Hochstatter, Benton, McDonald, Stevens, Johnson, Honeyford, Winsley, Hale, Oke, Sellar, Sheahan, Rossi, McCaslin and West

 

AN ACT Relating to class size reduction; amending RCW 28A.150.260 and 28A.150.260; making an appropriation; providing an effective date; and providing a contingent effective date.

Referred to Committee on Education.

 

SB 5852             by Senators Kohl-Welles, Heavey, McCaslin and Winsley

 

AN ACT Relating to providing a signed receipt for payments made by a tenant; and amending RCW 59.18.063.

Referred to Committee on Judiciary.

 

SB 5853             by Senators Kohl-Welles, Long, Hargrove, Brown, Thibaudeau, Prentice, Winsley and Costa

 

AN ACT Relating to child care for children in homeless families; adding a new section to chapter 74.13 RCW; and creating a new section.

Referred to Committee on Human Services and Corrections.

 

SB 5854             by Senators Hargrove, Prentice, Costa and Kohl-Welles

 

AN ACT Relating to hunger in Washington; creating new sections; making appropriations; and providing an expiration date.

Referred to Committee on Human Services and Corrections.

 

SB 5855             by Senator Heavey

 

AN ACT Relating to the removal of the transportation commission; amending RCW 43.17.020 and 47.01.041; reenacting and amending RCW 47.01.101; adding a new section to chapter 47.01 RCW; repealing RCW 47.01.051, 47.01.061, and 47.01.071; and providing an effective date.

Referred to Committee on Transportation.

 

SB 5856             by Senator Jacobsen (by request of Parks and Recreation Commission)

 

AN ACT Relating to fees charged by the state parks and recreation commission; and amending RCW 43.51.060.

Referred to Committee on Natural Resources, Parks and Recreation.

 

SB 5857             by Senators Goings and Horn

 

AN ACT Relating to alternative financing mechanisms for regional transit authorities; adding new sections to chapter 81.112 RCW; and creating a new section.

Referred to Committee on Transportation.

 

SB 5858             by Senators Jacobsen, Haugen, Fraser, Gardner and Winsley

 

AN ACT Relating to off-road vehicle areas; and amending RCW 46.09.020.

Referred to Committee on Natural Resources, Parks and Recreation.

 

SB 5859             by Senators Prentice, Benton, Winsley and Spanel

 

AN ACT Relating to financial institutions; amending RCW 11.11.010; providing an effective date; and declaring an emergency.

Referred to Committee on Judiciary.

 

SB 5860             by Senators Hargrove, Prentice, Long, Winsley, Thibaudeau, Wojahn, Oke and Kohl-Welles

 

AN ACT Relating to the employment of persons with disabilities; adding a new section to chapter 82.04 RCW; and creating a new section.

Referred to Committee on Labor and Workforce Development.

 

SB 5861             by Senator Swecker

 

AN ACT Relating to alternative on-site septic systems; amending RCW 70.118.010, 70.118.020, and 70.118.050; and adding a new section to chapter 70.118 RCW.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 5862             by Senators Gardner, Horn, Patterson, McCaslin and Haugen

 

AN ACT Relating to public record protection; and amending RCW 42.17.310.

Referred to Committee on State and Local Government.

 

SB 5863             by Senators Benton, Hargrove, Honeyford, Bauer, Johnson and Rossi

 

AN ACT Relating to boarding homes; amending RCW 18.20.020 and 18.20.020; providing a contingent effective date; and providing a contingent expiration date.

Referred to Committee on Health and Long-Term Care.

 

SB 5864             by Senators Fairley, Thibaudeau and Kohl-Welles

 

AN ACT Relating to allowing residents of long-term care facilities to return to their home; adding a new section to chapter 48.46 RCW; and creating a new section.

Referred to Committee on Health and Long-Term Care.

 

SB 5865             by Senators Kohl-Welles, Zarelli and Winsley

 

AN ACT Relating to guardianship fees; and amending RCW 11.92.180.

Referred to Committee on Human Services and Corrections.

 

SB 5866             by Senators Fraser, Prentice, Kline and Kohl-Welles (by request of Department of Agriculture)

 

AN ACT Relating to eliminating component registration of fertilizer products; amending RCW 15.54.325 and 15.54.340; providing an effective date; and declaring an emergency.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 5867             by Senators Haugen, West, Loveland, Hochstatter, T. Sheldon, Oke, Heavey, Hale, Rasmussen and Honeyford

 

AN ACT Relating to the entrance criteria for retrospective rating groups; amending RCW 51.16.035; adding a new chapter to Title 51 RCW; and declaring an emergency.

Referred to Committee on Labor and Workforce Development.


MOTION


      At 10:09 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 10:45 a.m.


      The Senate was called to order at 10:53 a.m. by President Owen.


MOTION


      At 10:53 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 10:55 a.m. by President Owen.


SECOND READING


      SENATE BILL NO. 5497, by Senators Snyder and Zarelli

 

Regulating the use of dredge spoils in Cowlitz County.


      The bill was read the second time.


MOTION


      On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5497 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5497.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5497 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Deccio and Finkbeiner - 2.

       SENATE BILL NO. 5497, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5053, by Senators Fairley, Goings, Oke and Costa

 

Including parents under the age of eighteen in the crime of assault against a child.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5053 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5053.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5053 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Deccio and Finkbeiner - 2.

       SENATE BILL NO. 5053, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5027, by Senators Goings and Swecker

 

Providing for control of dangerous dogs.


MOTIONS


      On motion of Senator Goings, Substitute Senate Bill No. 5027 was substituted for Senate Bill No. 5027 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 5027 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5027.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5027 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Deccio and Finkbeiner - 2.

      SUBSTITUTE SENATE BILL NO. 5027, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5185, by Senators Haugen, Benton, T. Sheldon, Finkbeiner, Goings, Gardner, Prentice, Sellar and Winsley

 

Adjusting limits for highway work by state forces.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 5185 was substituted for Senate Bill No. 5185 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5185 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5185.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5185 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.

     Voting nay: Senators Sellar and West - 2.

     Excused: Senators Deccio and Finkbeiner - 2.

      SUBSTITUTE SENATE BILL NO. 5185, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5112, by Senators Franklin, Winsley, Thibaudeau, Wojahn, McAuliffe, Deccio, Prentice, Costa, Rasmussen, Fraser, Brown, McCaslin, Patterson, Spanel, Eide, Kline, Bauer, Loveland, Jacobsen, Goings, Hale, Swecker, Haugen, Fairley, Gardner, B. Sheldon, Rossi, Johnson and Kohl-Welles

 

Regulating health insurance benefits for mastectomies.


MOTIONS


      On motion of Senator Thibaudeau, Substitute Senate Bill No. 5112 was substituted for Senate Bill No. 5112 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5112 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5112.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5112 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Deccio and Finkbeiner - 2.

      SUBSTITUTE SENATE BILL NO. 5112, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5240, by Senators Costa, Deccio and Winsley (by request of Department of Health)

 

Repealing the requirement to maintain a registry for handicapped children.


      The bill was read the second time.


MOTION


      On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5240 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5240.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5240 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Deccio and Finkbeiner - 2.

      SENATE BILL NO. 5240, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


POINT OF INQUIRY


      Senator McCaslin: “Senator Goings was here and said that was Senator Costa's first speech. Senator Costa, was that your first speech on the floor?”

       Senator Costa: “Yes, Senator McCaslin, it was my first speech on the floor.”

      Senator McCaslin: “Excellent speech, of course, but when you do make your first speech we usually pass out little goodies to everyone. Now, when Senator Eide made her first speech, she passed out baseballs which I couldn't eat. Now, if we are going to continue that trend, I would appreciate a baseball bat or a catcher's mitt or a first baseman's glove. Do you have anything in mind that you are going to furnish the Senators?”

      Senator Costa: “I hardly think that that little tiny floor speech was worth a gift.”

      Senator McCaslin: “Am I on? Senator Costa, you are so valuable and so important that we think it would deserve an Oscar or an Emmy or something like that, but we just want a simple, simple gift. I like the Louisville Sluggers, by the way.”


PERSONAL PRIVILEGE


      Senator Costa: “Mr. President, a point of personal privilege. In response to Senator McCaslin, I would like to say, 'Yes, indeed, I do have a gift for you today.' We will shortly pass those out. Unfortunately, Senator McCaslin, I am sorry to say that it is not something to eat. Mr. President took care of that this morning. Thank you for the treat. What we are going to be passing out is something that actually comes as a gift from my district. One of the businesses in my district is Hewlett Packard, and as I am also one of the people that is helping us to move into the next century with lap top computers, I've asked them to provide a gift. Unfortunately, it is not a lap top computer. What it is is actually a mouse pad that has a photograph of Mr. Hewlett and Mr. Packard with a photograph of the garage where the first Hewlett-Packard products were designed and built. It is in commemoration of their fiftieth anniversary; it is autographed by both Mr. Packard and Mr. Hewlett. That garage is actually designated as a historical site now. So, you are going to get a little history, a little business, and we are going to move into the next century. I want you to get a lap top that you can actually put an external mouse on and use your mouse pad. Thank you.”


REPLY BY THE PRESIDENT


      President Owen: “Senator Costa, if you wish to take partial credit for the treat that my wife slaved over yesterday, she would appreciate if you would come to the kitchen and help her with it next time.”


PERSONAL PRIVILEGE


      Senator Hargrove: “A point of personal privilege. Thank you, Mr. President, I didn't realize we weren't supposed to eat the baseball. I am wondering how this mouse pad will taste.”


PERSONAL PRIVILEGE


      Senator Heavey: “A point of personal privilege, Mr. President. The serenity of the morning was disturbed by the lady from the Thirty-Eighth. I wish we had warning that her speech was coming, because I certainly could have used some ear plugs. It reminded me of the ructioning of camels during mating season. I think a gift is totally appropriate by having our serenity affected by her first speech. Thank you.”


SECOND READING


      SENATE BILL NO. 5001, by Senators Morton, Deccio, Honeyford, T. Sheldon, Swecker, Hargrove, Rossi, Hochstatter, Oke and Rasmussen

 

Authorizing hunting of cougar with the aid of dogs.


MOTIONS


      On motion of Senator Jacobsen, Substitute Senate Bill No. 5001 was substituted for Senate Bill No. 5001 and the substitute bill was placed on second reading and read the second time.

      Senator Kohl-Welles moved that the following amendment by Senators Kohl-Wells, Patterson and Franklin be adopted:

      On page 2, line 9, after "dogs." insert "Notwithstanding RCW 77.12.240 or any other provisions of law, it is unlawful to hunt or pursue cougar with the aid of a dog or dogs except by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of addressing a documented and verified instance of endangerment to livestock, domestic animals, private property, or the public safety."


MOTION


      On motion of Senator Roach, all the remarks on final passage of Substitute Senate Bill No. 5001 will be spread across the Journal.


REMARKS BY SENATOR KOHL-WELLES


      Senator Kohl-Welles: “Thank you, Mr. President, and members of the body. Part of this bill before us would repeal one part of Initiative 655, which was approved by the voters. This part of Initiative 655 prohibits the use of hounds, of dogs, for the hunting of cougars. The voters sent us a message. By our vote today, we would be changing what they voted into law. This amendment would not take away the availability of hunting cougars with dogs, but however, would restrict the use of dogs for only authorized officials--federal, state, or county officials--and it would also require that there be documented and verified evidence of the endangerment to livestock, domestic animals, private property, as the public safety of the result of cougars. This is really a compromise here; it doesn't take away the right to use dogs, but only limits their use in situations that are documented and by officials only. I urge your support of this amendment.”


REMARKS BY SENATOR HARGROVE


      Senator Hargrove: “Thank you, Mr. President. Actually, my reading of this amendment would be more restrictive than Initiative 655 was. Under Initiative 655, our Fish and Game Department can use hound hunters to go out and deal with a problem animal. This amendment would, not only, say that is the only way that hounds can be used, but it would require that the animal have a documentation and verification that it is a dangerous animal, as opposed to that solely being up to the Fish and Game agents at this point in time. We will get on to speak about the rest of what the bill does later, but this amendment would actually be more restrictive than 655 by requiring some documentation of that dangerousness of the cougar as opposed to leaving that up to our Fish and Game agents, so I urge your opposition.”


REMARKS BY SENATOR MORTON


      Senator Morton: “Thank you, Mr. President and ladies and gentlemen of the Senate. I want to thank the Senator from Hoquiam/Aberdeen for his good comments in opposition to the amendment. We already have a department that is heavily in debt and this would further add great expense for documentation and verification for only officials to be able to manage, in addition to what has already been covered. This would just continue what we have experienced in the last two years to be an eminent and a present danger and health hazard upon the citizens of this state--both young and old. I don't know as I will get into--I won't, Mr. President, get into the examples, because we spent a long time in committee under the good leadership of our chairman, in listening to numerous examples of confrontation in both arenas--human and animal--and the devastation that it has brought both to individuals, as well as to livestock at large. We simply have to allow the Department of Fish and Game to have the authority, along with the citizenry to properly manage--to properly manage--the cougar of our state. I ask you to vote 'no' on the amendment.”


REMARKS BY SENATOR ROACH


      Senator Roach: “Thank you, Mr. President. As many of you know, I have been working on this particular bill for probably eight months now and will speak to it when the bill actually comes up. I've answered questions many times on the radio, on television and other places regarding this changing of an Initiative. So, I want to address that portion of Senator Kohl-Welles statement. We do that all the time. Initiatives are typically filed; there is no review in a committee process. Once it is filed, once the citizens have paid their five dollars and file it with the Secretary of State, you can't change the wording. It's that way forever until the citizens vote on it and if approved, the Constitution allows for a way to change the wording.

      “Our founding fathers understood that a law isn't put in stone and it should be able to be changed. So, with a two-thirds vote, after the first two years, you can change an Initiative and after that a simple majority. What we have here is a case like many other Initiatives dealing with Hard Time for Hard Crime or any of the others, when there is something that needs to be tweaked, we do it. In this case, I can't think of a more important time to do it than now, because our citizens--not in just eastern Washington, but in my district--are at risk. And also, Senator Kohl-Welles, your citizens, because they go into the mountains and they hike and they are now seeing signs that are essentially saying, 'Enter this public trail at your own risk, because of wildlife--cougar particularly.' I think that we need to be cognizant of these facts and do the responsible thing and vote 'no' on this amendment.”


REMARKS BY SENATOR KOHL-WELLES


      Senator Kohl-Welles: “Thank you, Mr. President. To close the debate, I very much appreciate what the good Senators brought out in their floor remarks and I can't say that I disagree with them, but this amendment would not take away the opportunity for dogs to be used in hunting cougars. What Senator Roach said is very accurate. Many of the urban residents do go out and hike and their safety should be regarded, but I believe this amendment provides for the needs through proper officials to conduct the hunting with the use of dogs when considered appropriate. I urge your support of the amendment.”


REMARKS BY SENATOR McCASLIN


      Senator McCaslin: “Thank you--not to prolong the debate, but I'll open it--just a little window in the debate. A few minutes ago, we voted on a bill on vicious dogs. Cougars aren't vicious; they are just hungry. When they come into your yard to attack a child, I think it is serious, very serious, even more so than the vicious dog. I think we should have the ability to hunt for those without calling the Game Department, incurring more costs and extending the time when we really want to search those animals out. I would appreciate you're voting 'no' on this.”


REMARKS BY SENATOR TIM SHELDON


      Senator Tim Sheldon: “Thank you, Mr. President. I also want to rise and urge you to defeat this amendment. I think there is a little confusion here. These are not the canine dogs; this is not a German Shepard that goes home with its handler and comes out to chase down a suspect. These are highly specialized hounds which are used mostly by volunteers to have the means and also--well, the ability to work with these dogs and train them for this specific purpose. We can't leave these people out of the equation and just leave it to the agents, because certainly our Fish and Wildlife officers do not have the resources. They are even restricted to just twelve hundred miles a month right now in their ability to drive--to use their vehicle. So, I urge your defeat of this amendment.”


REMARKS BY SENATOR THIBAUDEAU


      Senator Thibaudeau: “Thank you, Mr. President, rising in support of the amendment. If you read it, you will see that it simply broadens the number of agents--employees of all kinds of the government. For example, agents of county, state, or federal agencies while acting in their official capacities. Some have said that there aren't enough dogs. That may be true, however, the substitute bill really opens it up. This would give the authority to hunt with hounds to a variety of officials. I urge you to support the amendment.”

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl Welles, Patterson and Franklin on page 2, line 9, to Substitute Senate Bill No. 5001.

      The motion by Senator Kohl-Welles failed and the amendment was not adopted by voice vote.


MOTION


      On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5001 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


REMARKS BY SENATOR MORTON


       Senator Morton: “Thank you, Mr. President, and ladies and gentlemen of the Senate. I would really appreciate your vote on this for the protection of our citizenry, as well as those involved in agriculture and particularly live stock. The Diamond M Ranch is just a little ways north of my home. The Diamond M Ranch, this last year, had twenty-six calves killed by cougar and the previous year, forty-six. The owner of the ranch, Len McIrvin, wrote me a letter and said, 'You know, Bob, that's the expense for my son for his year of college'

      “Also, besides the human confrontations which we get considerable press and the media about, I thought to just refresh our minds what we are dealing with here, because many times we think of the cougar as a cat. They are a lion. The gentleman in our area, when the state had a bounty hunt for cougars, was nicknamed Cougar Sam. He made his living from hunting cougars. He is credited with over eight thousand cougar in the course of his adult years. He figured that the average weight of the cougar that he took was in the one hundred-seventy pound bracket. Now, I'm not sure exactly, and I don't want to point fingers, who might weight a hundred and seventy pounds here, but that is a pretty good size of being to come on to us and attack us with the tremendous strength of their jaws and their claws. So, we are dealing with really quite a vicious animal. It has no common predator, other than man.

      “This bill just scratches one word in the Initiative. That's all it does. We are not adversely changing the decision of the populous in their vote. It just scratches one word and that is 'cougar' allowing for the use of hounds under the management of the Department of Fish and Wildlife within the numerous hunting units that we have.

      “In the state of Washington, our whole state is divided into very small hunting units. I talked with Senator Horn, for example, from Mercer Island. He said, “Bob, would it be possible then, if we had any cougar on Mercer Island for the department to be able to issue permits or whatever was necessary to control in just that small area?' Yes, under this bill, it would be. It would allow the department to manage, then, the cougar population in this state.

      “Of course, we want the cougar, but we want to be able to manage them. The senior/adult cougar enjoys the high mountain, pristine areas of our state, but they are very territorial. That is their nature. The average distance that they call their territory is ten square miles or more and therefore, depending on food availability for them and the terrain, they will protect their area--their domain. That has caused, in the last several years, the smaller cougar to be driven down to the lower land and into suburbia. So, it is because of the over-population and the territorial characteristics of the cougar that we have them encroaching now into our more civilized and urban areas.

      “This bill will allow the Department of Fish and Game to properly manage the cougar of our state. I ask you to vote 'yes' on the final passage of the bill. Thank you.”


REMARKS BY SENATOR STEVENS

 

      Senator Stevens: “Thank you, Mr. President. I rise in support of Substitute Senate Bill No. 5001. In committee, when this was before us, as were four other bills similar to it, we heard the testimony from a mother who showed pictures of her son's 4-H project. This 4-H project had been exhibited all over the state and had won national prizes of very significant stature. It broke my heart, when she also explained that her son's pet llama had been stalked and killed by a cougar. This was in their back yard; this was not out in the woods somewhere. We have many similar incidences within my own district--in the Monroe area and in the foothills of the Cascades where people have lived for many, many years and have never seen a cougar. There is a lot of talk about the encroachment of people upon the terrain of the cougar, but in fact we know that the population of the cougar has expanded greatly due to our protection of other species and the prevalence of much game in the hill. Yes, there is game for them to eat, but as was explained by the former speaker, they also seek after domestic animals because they are easy--very easy-to-kill prey. I urge your support of this measure. On behalf of those folks in my district and other areas where childrens' pets are being abolished and killed by these predators.”


REMARKS BY SENATOR ROACH

 

      Senator Roach: “A year ago at this time, a cougar was in the Lakeland Hills, which is the incorporated area of the city of Auburn and a green belt. A woman walked out on her porch and there she was looking, not even feet away from her hand, at a full grown male cougar. Since that time, we have seen the sightings and the encounters increased, and I have received phone calls and messages from people literally all over western Washington and some in eastern Washington--because of what is happening. We have had cougars outside the fence in preschool areas of schools here in Olympia. We've had them in neighborhoods out on the Peninsula.

      “So, I believe that this is a good bill and needs to be passed. I know that the citizens of the state of Washington are very, very concerned, as we all were, when there was a bat in the Governor's Mansion and there was just a chance that that little baby would have been harmed. We all watched that. Well, I believe that there is a danger for our children outside the Governor's Mansion and that they, too, have the right to be protected and would urge your support of this bill.”


REMARKS BY SENATOR HARGROVE

 

      Senator Hargrove: “Thank you, Mr. President. Well, I'm not going to repeat all the arguments that have been made up to now, but I know that there will be some that will say, 'Well, the Initiative did not ban hunting of cougar, it just banned the use of hounds in the hunting of cougar.' So, I wanted to address that issue briefly, because the Department of Fish and Game has been issuing 'boot permits'' or permits for deer hunters to hunt cougar for the last twenty years and, in fact, recently have expanded that, so that there is no limit on the number of boot permits for hunting cougars. Yet, in that time, they have a total of one cougar taken with a boot permit. You just do not walk through the woods and get close enough to a cougar to shoot it while you are out hunting for deer and some other animal. They are extremely stealthful and they are not around. You just don't see them. They smell you coming and they go off. If they see you and you see them, you are probably the game.

      “I have worked in the woods for over twenty years on the Olympic Peninsula. The Wildlife Department says that there are over five hundred animals on the Olympic Peninsula and in all that time, I have seen one cougar. Yet, I know from the Game Department that there are four cougars out behind my house. There are two adults and there are two kittens, I guess they call them. Now, when those kittens grow up, my children, in my back yard, are going to be potential game to those cougars. The whole issue here is being able to manage the population like we manage all other wildlife population in the state so there is a balance, letting our professionals manage that population. The other point that has not been brought up is that it is not just children, and it is just not domestic animals, our natural deer and elk populations are being disseminated in some areas because the cougar populations are not being controlled. So, I mean, it has an issue in the natural there, too. I would urge your support of the bill.”


REMARKS BY SENATOR JACOBSEN


      Senator Jacobsen: “Thank you, Mr. President. The other thing I want to emphasize about the bill, it doesn't mandate the Fish and Wildlife Department to authorize cougar hunting. They are authorized to do it on a regional basis or in any way they see fit after they have had hearings and they have looked at the information from the biologists. It is going to be based on good scientific information. There are areas so complicated that to think that it could be regulated by Initiative is not a good idea. You need to have the experts take a look at it and make a decision.             “The other thing I want to emphasize in the bill, we put in the requirement that the department distribute information on how to live with cougars and what to do in case of danger. On top of that, there is an emergency clause on it. In part, I felt that was necessary, because last year while visiting a city light dam in eastern Washington, the very day I was over there, there was a report of a five year old being mauled by a cougar in a park. I thought if we are going to do this, we need an emergency clause on it. It would be a shame to wait for ninety days after the session is over to take effect. In that time, somebody could be injured and that would be really heart breaking. I urge you all to support the bill.”


REMARKS BY SENATOR HEAVEY

 

      Senator Heavey: “Thank you, Mr. President. Coming from an urban district, I have probably ten letters and hotlines saying,' vote no' on this bill, but I think it is just a matter to me of common sense that a cougar, while it is a nice animal, is a predator. The more that there are, the more they are going to get pushed out. I remember back in the seventies or early eighties, we had a cougar in Ballard that had come down the railroad tracks. If we don't pass this, and even if we do pass it, it is just a matter of time until a mother leaves a baby out on a blanket in the back yard and that cougar that is lying in the woods behind, pops out and the kid is gone. It is just a matter of time and I think it is less likely to happen if we pass this bill than if we don't. All things considered, I would urge a 'yes' vote on this bill.”


POINT OF INQUIRY


      Senator Franklin: “Senator Jacobsen, I, too, much as the good Senator from the Thirty-Fourth District, has had stacks of letters and e-mails saying to vote against this measure, because there are other ways or ways of really controlling the cougars. There was also an explanation of how the cougars are chased up a tree and how cruel it had been in search of these cougars. My question to you, then, is will the cougar population be scientifically controlled and also with the Department of Fish and Wildlife, if you will--Department of Game--I guess that is the old name--will have a real great hand in this instead of just letting dogs unmanaged go out and hunt these predators, if you will, to upset the balance of the environment. So, my question--maybe I confused it a bit, but do you understand what I am trying to get at?”

      Senator Jacobsen: “In answer to your question, I want to point out that the Commission does retain the authority for regulating the time and place for hunting cougar. I would assume they would have public testimony and information from wildlife biologists before they would allow a hunt. The other thing is, in a lot of these issues, the ecosystems and the balance is so upset now that we have to be in there manipulating--we don't have a natural relationship anymore between a prey and glory. With the growth and population and the sprawl and everything else, these incidents are going to become more common and we just have to have a way to handle it. In the back of it, of course, I point out that there is always the danger to human beings.”

      Senator Franklin: “Thank you.”


REMARKS BY SENATOR KOHL-WELLES

 

      Senator Kohl-Welles: “Thank you, Mr. President. I would like to set the record straight here. This debate on this bill is really not about whether there should be some control--managed control of the hunting of cougars. No one who opposes this bill wants to have little children being mauled by cougars. Even parents in Ballard--no where in this state does anybody want that. The question here though, ladies and gentlemen, is that the voters approved an Initiative and a very large part of that Initiative had to do with the disapproval of using one method for controlling the population of the cougar. That being the new account, that is what opposition to this bill is about. It is not about denying the hunting of cougars, it is not about having any lesser concern about public safety or the safety of domestic animals or property. Please keep that in mind. Thank you.”


REMARKS BY SENATOR OKE

 

      Senator Oke: “Thank you, Mr. President, and fellow Senators. We had, as has been stated, really good testimony on the issue and the Fish and Wildlife Department has come to us with a map of the state and it reveals the sightings that we have had on cougars. The extent that they really worked this problem and with the scientists that they have, we know that they were in excess in many, many areas. One of the issues that has occurred in Washington is those folks, as a business, raised and feed and took care of hound dogs--the people who do this--have actually left our state. They can no longer pursue what they consider an enjoyable and very expensive business for them individually.

      “Previously, the department, if they had a cougar and it was a problem, they could call these individuals and they would assist in tracking down that animal that had gotten out of hand. We need to, again, be able to use these dogs--and they are controlled. They have radar controls on them and it is very dangerous for the dogs and it is probably a lot more dangerous for the dogs than it is for the cougar. I think Senator Hargrove made a comment about--it may be a little confusing to some of you--but when you are in the woods, you don't see any cougar. They don't come near you. Those are the ones that aren't hungry; the ones that are hungry do come around.”

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5001.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5001 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 14; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Franklin, Fraser, Gardner, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Oke, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 33.

     Voting nay: Senators Costa, Eide, Fairley, Goings, Haugen, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Sheldon, B., Shin, Thibaudeau and Wojahn - 14.

     Excused: Senators Deccio and Finkbeiner - 2.

      SUBSTITUTE SENATE BILL NO. 5001, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Goings, the following resolution was adopted:


SENATE RESOLUTION 1999-8620


By Senators Goings, Oke, B. Sheldon, Snyder, McCaslin, Johnson, Swecker, Gardner, Shin, Rasmussen, Fairley, Hargrove, West, Deccio, Benton, Kohl-Welles, Wojahn, Zarelli, Roach, Long, T. Sheldon, Franklin, Fraser, Stevens and Sheahan


      WHEREAS, Over 180,000 Americans are missing in action or have been declared prisoners of war in this century; and

      WHEREAS, 1,868 Americans who served in the Vietnam War are still unaccounted for in Asia; and

      WHEREAS, Fifty-one Americans from Washington State are still listed as missing in action or as prisoners of war; and

      WHEREAS, The valiant efforts of Americans in foreign conflict should be acknowledged; and

      WHEREAS, The state of Washington should maintain the awareness of its citizens to the plight of patriots that remain captive abroad; and

      WHEREAS, The safe return of Americans who are still missing in action or prisoners of war is imperative;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and honor the brave actions of American prisoners of war and Americans missing in action; and

      BE IT FURTHER RESOLVED, By the Senate of the state of Washington, that every city and town is encouraged to display the prisoner-of-war and missing-in-action flag on one or more of the existing flag poles in the city or town; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the President of the Senate to the Governor.


      Senators Goings, Swecker, Oke, Bauer, Shin, Hochstatter, Franklin and Kline spoke to Senate Resolution 1999-8620.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the prisoners of war and missing in action organizations, as well as families with loved ones still listed as missing in action or as prisoners of war, who were seated in the gallery.


MOTION


      At 12:12 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, February 15, 1999.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate