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SEVENTEENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, January 26, 2000

      The Senate was called to order at 10:00 a.m. by Vice President Pro Tempore Bauer. The Secretary called the roll and announced to the Vice President Pro Tempore that all Senators were present.

      The Sergeant at Arms Color Guard consisting of Pages Alex Williams and Amy Rose Derby, presented the Colors. Chaplain Christopher Lensch, of the Washington Air National Guard, 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


January 24, 2000

SSB 5212           Prime Sponsor, Senate Committee on Education: Providing for school safety plans. Reported by Committee on Education


      MAJORITY Recommendation: That Second Substitute Senate Bill No. 5212 be substituted therefor, and the second substitute bill do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Brown, Finkbeiner, Goings, Kohl-Welles, Rasmussen, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


January 25, 2000

ESB 5881           Prime Sponsor, Senator Thibaudeau: Regulating youth access to tobacco products. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 5881 as recommended by the Committee on Health and Long-Term Care be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Kline, Long, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau, West, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


January 25, 2000

SB 6034             Prime Sponsor, Senator Brown: Restricting information about cable subscribers. Reported by Committee on Energy, Technology and Telecommunications


      MAJORITY Recommendation: That Substitute Senate Bill No. 6034 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Goings, Vice Chair; Fairley, Fraser and Roach.


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


      Passed to Committee on Rules for second reading.


January 25, 2000

SB 6199             Prime Sponsor, Senator Wojahn: Adopting a patient bill of rights. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Second Substitute Senate Bill No. 6199 be substituted therefor, and the second substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Kline, Kohl-Welles, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Wojahn.


      Passed to Committee on Rules for second reading.


January 24, 2000

SB 6206             Prime Sponsor, Senator Spanel: Requiring that schools be notified of firearm violations by students. Reported by Committee on Education


      MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Brown, Finkbeiner, Goings, Kohl-Welles, Rasmussen and Swecker.


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


      Passed to Committee on Rules for second reading.



January 25, 2000

SB 6210             Prime Sponsor, Senator Fraser: Making technical and clarifying amendments to oil spill prevention and response statutes. Reported by Committee on Environmental Quality and Water Resources


      MAJORITY Recommendation: That Substitute Senate Bill No. 6210 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Eide, Vice Chair; Honeyford, Jacobsen, McAuliffe, Morton and Swecker.


      Passed to Committee on Rules for second reading.


January 24, 2000

SB 6402             Prime Sponsor, Senator Fairley: Enacting the civil service reform act of 2000. Reported by Committee on Labor and Workforce Development

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Fairley, Chair; Franklin, Vice Chair; Kline and Wojahn.


      MINORITY Recommendation: Do not pass as amended. Signed by Senators Hochstatter and Oke.


      Referred to Committee on Ways and Means.


January 24, 2000

SB 6417             Prime Sponsor, Senator McAuliffe: Requiring establishment of a toll-free educational help line. Reported by Committee on Education


      MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Brown, Finkbeiner, Hochstatter, Kohl-Welles, Rasmussen, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


January 24, 2000

SB 6478             Prime Sponsor, Senator McAuliffe: Developing training requirements for handlers of food in schools. Reported by Committee on Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 6478 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Bauer, Brown, Goings, Kohl-Welles and Rasmussen.


      MINORITY Recommendation: Do not pass. Signed by Senators Finkbeiner, Hochstatter, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 6402 was referred to the Committee on Ways and Means.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS


January 25, 2000

GA 9125            RICHARD HEMSTAD, appointed January 2, 1999, for a term ending January 1, 2005, as a member of the Utilities and Transportation Commission.

                           Reported by Committee on Energy, Technology and Telecommunications


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Brown, Chair; Goings, Vice Chair; Fairley, Fraser, Hochstatter, Roach and Rossi.


      Passed to the Committee on Rules.


January 25, 2000

GA 9200            MARILYN SHOWALTER, appointed February 17, 1999, for a term ending January 1, 2003, as Chair of the Utilities and Transportation Commission.

                           Reported by Committee on Energy, Technology and Telecommunications


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Brown, Chair; Goings, Vice Chair; Fairley, Fraser, Hochstatter, Roach and Rossi.


      Passed to the Committee on Rules.



January 25, 2000

GA 9257            STEVE KOLODNEY, appointed October 4, 1999, for a term ending at the Governor’s pleasure, as Director of the Department of Information Services.


                           Reported by Committee on Energy, Technology and Telecommunications


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Brown, Chair; Goings, Vice Chair; Fairley, Fraser, Hochstatter, Roach and Rossi.


      Passed to the Committee on Rules.


MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS


June 1, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

       Sinnamon Teirney, appointed June 1, 1999, for a term ending May 31, 2000, as a member of the Board of Trustees for The Evergreen State College.

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Higher Education.


October 1, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

       Lee Kraft Cressman, appointed October 1, 1999, for a term ending September, 30, 2004, as a member of the Board of Trustees for Bellevue Community College District No. 8.

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Higher Education.


INTRODUCTION AND FIRST READING

 

SB 6742             by Senators Costa, Hargrove, Long, Winsley and Patterson

 

AN ACT Relating to the rights of victims of juvenile offenders; and amending RCW 7.69.020, 13.40.010, 13.40.020, 13.40.070, 13.40.077, 13.40.080, and 13.40.160.

Referred to Committee on Human Services and Corrections.

 

SB 6743             by Senators Costa, Hargrove, Long and Winsley

 

AN ACT Relating to limitations on sealing of juvenile offender records; amending RCW 13.50.050; and creating a new section.

Referred to Committee on Human Services and Corrections.

 

SB 6744             by Senators Goings and Costa

 

AN ACT Relating to sentencing enhancements for armor piercing ammunition and body armor; amending RCW 9.94A.125; reenacting and amending RCW 9.94A.310; and prescribing penalties.

Referred to Committee on Judiciary.

 

SB 6745             by Senators Shin, Roach, Kohl-Welles, Finkbeiner, McAuliffe, Jacobsen, Winsley, Stevens, Oke and Rasmussen

 

AN ACT Relating to enhanced enforcement of the citizenship requirement for voter registration; amending RCW 36.27.020, 29.07.005, 29.07.070, and 29.08.060; and prescribing penalties.

Referred to Committee on State and Local Government.

 

SB 6746             by Senators Wojahn, Winsley, Thibaudeau, Deccio and Kohl-Welles

 

AN ACT Relating to immunizations at long-term care facilities; adding a new chapter to Title 70 RCW; and providing an effective date.

Referred to Committee on Health and Long-Term Care.


 

SB 6747             by Senators Kohl-Welles, Jacobsen, Sheahan, Shin, B. Sheldon, McAuliffe, Horn, Finkbeiner, Winsley, Costa and Rasmussen

 

AN ACT Relating to establishing a working relationship between the high technology industry and the higher education community; creating a new section; and providing an expiration date.

Referred to Committee on Higher Education.

 

SB 6748             by Senators Sellar, Patterson, McCaslin and T. Sheldon

 

AN ACT Relating to increasing a city or town debt limit for purposes of financing capital facilities associated with economic development; amending RCW 39.36.020; and declaring an emergency.

Referred to Committee on State and Local Government.

 

SB 6749             by Senators Long, Hargrove, Haugen, Stevens, Winsley, McAuliffe and Patterson

 

AN ACT Relating to chemical dependency; and amending RCW 70.96A.020, 70.96A.050, 70.96A.120, and 70.96A.140.

Referred to Committee on Human Services and Corrections.

 

SB 6750             by Senator Prentice

 

AN ACT Relating to boxing, kickboxing, martial arts, and wrestling; and amending RCW 67.08.015.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

 

SB 6751             by Senators Haugen, Goings, Gardner, Patterson, Shin, Costa, Bauer and Prentice

 

AN ACT Relating to transportation revenue; and creating a new section.

Referred to Committee on Transportation.

 

SB 6752             by Senators Haugen, Goings, Gardner, Patterson, Shin, Costa, Bauer and Prentice

 

AN ACT Relating to transportation revenue; and creating a new section.

Referred to Committee on Transportation.

 

SB 6753             by Senators Haugen, Goings, Gardner, Patterson, Shin, Costa, Eide, Bauer and Prentice

 

AN ACT Relating to transportation funds and accounts; and creating a new section.

Referred to Committee on Transportation.

 

SB 6754             by Senators Haugen, Goings, Gardner, Patterson, Shin, Costa, Eide, Bauer and Prentice

 

AN ACT Relating to transportation funding and appropriations; and creating a new section.

Referred to Committee on Transportation.

 

SB 6755             by Senators Haugen, Gardner, Patterson, Shin, Costa, Morton, Horn, Bauer, Prentice and Benton

 

AN ACT Relating to the state patrol highway account; amending RCW 43.43.115, 46.01.140, 46.16.010, 46.32.090, 46.32.100, 46.68.030, 46.68.035, 47.68.255, 63.35.040, 63.35.050, 82.48.020, 82.49.010, and 88.02.118; reenacting and amending RCW 43.84.092 and 46.61.5054; creating a new section; providing an effective date; providing a retroactive effective date; and declaring an emergency.

Referred to Committee on Transportation.

 

SB 6756             by Senators Gardner, Haugen, Horn, Goings, Patterson, Shin, Costa, Morton, Bauer, Prentice and Benton

 

AN ACT Relating to disposition of vehicle license fees; amending RCW 46.68.030; providing a retroactive effective date; and declaring an emergency.

Referred to Committee on Transportation.



 

SB 6757             by Senators Haugen, Gardner, Goings, Shin, Patterson, Costa, Jacobsen, Bauer, Kline, Spanel and Prentice

 

AN ACT Relating to the multimodal fund; amending RCW 46.68.035 and 46.01.140; adding a new section to chapter 46.68 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Transportation.

 

SB 6758             by Senators Haugen, Gardner, Goings, Shin, Patterson, Costa, Eide, Jacobsen, Bauer, Kline, Spanel and Prentice

 

AN ACT Relating to the multimodal fund for transportation; adding a new chapter to Title 82 RCW; and declaring an emergency.

Referred to Committee on Transportation.

 

SB 6759             by Senators Jacobsen, Swecker, Bauer, Kline and Rasmussen

 

AN ACT Relating to school district levies; and amending RCW 84.52.053.

Referred to Committee on Education.

 

SB 6760             by Senator Prentice (by request of Insurance Commissioner Senn)

 

AN ACT Relating to the safeguarding of securities of domestic insurance companies, health care service contractors, health maintenance organizations, and health carriers; amending RCW 48.04.010 and 48.04.020; and adding new sections to chapter 48.13 RCW.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

 

SB 6761             by Senator Hargrove (by request of Department of Corrections)

 

AN ACT Relating to agreements for the operation of correctional facilities and programs in any other state; amending RCW 72.68.010 and 72.68.040; adding a new section to chapter 72.68 RCW; and declaring an emergency.

Referred to Committee on Human Services and Corrections.

 

SB 6762             by Senators Fraser and Rasmussen

 

AN ACT Relating to clarifying retirement provisions with respect to employees that provide both police and fire duties; amending RCW 41.26.450; and reenacting and amending RCW 41.26.030.

Referred to Committee on Ways and Means.

 

SB 6763             by Senators Finkbeiner, Hochstatter, Stevens and Oke

 

AN ACT Relating to common school and higher education construction and renovation; amending RCW 67.70.040, 67.70.240, 39.42.060, 39.42.070, and 39.12.020; adding a new section to chapter 43.79 RCW; adding a new section to chapter 43.135 RCW; and providing an effective date.

Referred to Committee on Ways and Means.

 

SB 6764             by Senator Snyder (by request of Office of Financial Management)

 

AN ACT Relating to the director of financial management; amending RCW 43.88.160, 79.44.040, 79.44.050, 79.44.070, 79.44.080, and 79.44.140; and repealing RCW 79.44.180.

Referred to Committee on State and Local Government.

 

SB 6765             by Senators Kline, Winsley, Wojahn, McDonald, Bauer and Costa

 

AN ACT Relating to services and community placement for persons with developmental disabilities; amending RCW 71A.20.080 and 71A.12.010; and creating a new section.

Referred to Committee on Health and Long-Term Care.

 

SB 6766             by Senator Fairley (by request of Department of Labor and Industries)

 

AN ACT Relating to employer reporting of claims; amending RCW 51.28.010, 51.28.020, and 51.28.025; adding a new section to chapter 51.28 RCW; creating a new section; and providing an effective date.

Referred to Committee on Labor and Workforce Development.


 

SB 6767             by Senator Fairley (by request of Department of Labor and Industries)

 

AN ACT Relating to vocational rehabilitation; amending RCW 51.32.095; adding new sections to chapter 51.32 RCW; providing an effective date; and providing an expiration date.

Referred to Committee on Labor and Workforce Development.

 

SB 6768             by Senators Prentice and Rasmussen

 

AN ACT Relating to a central filing system for farm products; amending RCW 62A.9-307; adding new sections to Title 62A RCW; creating a new section; and providing an effective date.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

 

SB 6769             by Senator Sheahan

 

AN ACT Relating to appropriations for transit systems; and adding a new section to chapter 43.88 RCW.

Referred to Committee on Transportation.

 

SB 6770             by Senators Kohl-Welles, Sheahan and Costa (by request of State Board for Community and Technical Colleges)

 

AN ACT Relating to the exceptional faculty awards program; and amending RCW 28B.50.841.

Referred to Committee on Higher Education.

 

SB 6771             by Senator Prentice (by request of Insurance Commissioner Senn)

 

AN ACT Relating to the merger, acquisition, rehabilitation, and restructuring of health carriers; and creating a new section.

Referred to Committee on Health and Long-Term Care.

 

SB 6772             by Senators Johnson, Zarelli, Hargrove, T. Sheldon, Hochstatter, Stevens and Oke

 

AN ACT Relating to assisting parents in home-based instruction; adding a new section to chapter 28A.300 RCW; and adding a new section to chapter 28A.320 RCW.

Referred to Committee on Education.

 

SB 6773             by Senators Haugen and Bauer

 

AN ACT Relating to county road construction projects; and amending RCW 36.77.065.

Referred to Committee on Transportation.

 

SB 6774             by Senators Haugen and Bauer

 

AN ACT Relating to railroad right of way trespassing; amending RCW 9A.52.010; adding a new section to chapter 9A.52 RCW; and prescribing penalties.

Referred to Committee on Transportation.

 

SB 6775             by Senators Patterson, Horn, Haugen, Shin, Prentice, Goings, Gardner and Costa

 

AN ACT Relating to filing of reports with the public disclosure commission; amending RCW 42.17.065, 42.17.080, 42.17.369, 42.17.3691, and 42.17.461; and adding a new section to chapter 42.17 RCW.

Referred to Committee on State and Local Government.

 

SB 6776             by Senators Eide, Morton, Jacobsen and Fraser

 

AN ACT Relating to schedules for the adoption or amendment of shoreline master programs; and amending RCW 90.58.080.

Referred to Committee on Environmental Quality and Water Resources.




 

SB 6777             by Senator Swecker

 

AN ACT Relating to impoundment of vehicles violating mandatary insurance laws; amending RCW 46.30.020, 46.55.010, 46.55.080, 46.55.100, 46.55.110, and 46.55.113; and reenacting and amending RCW 46.55.120.

Referred to Committee on Transportation.

 

SB 6778             by Senator Patterson

 

AN ACT Relating to the board of commissioners of a water-sewer district; amending RCW 57.12.015; and repealing RCW 57.08.110.

Referred to Committee on State and Local Government.

 

SB 6779             by Senators Patterson, Swecker, Rasmussen, Spanel, Kline and Jacobsen

 

AN ACT Relating to wetlands mitigation; adding a new section to chapter 90.74 RCW; adding a new chapter to Title 90 RCW; and creating new sections.

Referred to Committee on Environmental Quality and Water Resources.

 

SB 6780             by Senators Patterson, Brown, Kohl-Welles, Thibaudeau, Kline, McCaslin, Winsley, McAuliffe and Rasmussen

 

AN ACT Relating to children with special needs; adding new sections to chapter 74.13 RCW; adding a new section to chapter 70.05 RCW; and creating a new section.

Referred to Committee on Human Services and Corrections.

 

SJM 8024           by Senators Gardner, Deccio, Haugen, Oke, Shin, Costa and Patterson

 

Requesting the federal government to maintain current airport tower staffing.

 

Referred to Committee on Transportation.


MOTION


      At 10:12 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 11:10 a.m. by Vice President Pro Tempore Bauer.


PRESENTATION OF FLAGS


      In honor of retiring Major General Gregory P. Barlow and Senate Resolution 2000-8700, the flags were presented again by the National Guard Color Guard, consisting of Sergeant at Arms Douglas Karnitz and Sergeants Kevin Childs, Liz McIntyre, Alicia Burgett and Victoria Tyson. The National Anthem was sung by Staff Sergeant Marvin Shields.


MOTION


      On motion of Senator Johnson, the remarks on the adoption of Senate Resolution 2000-8700 will be spread upon the Journal.


SENATE RESOLUTION 2000-8700


By Senator Stevens, Zarelli, Heavey, Rasmussen, McCaslin, West, Hale, Winsley, Shin, Thibaudeau, Long, Jacobsen, McDonald, Kohl-Welles, Sheahan, McAuliffe, Horn, Loveland, Wojahn, Gardner, Hochstatter, Sheldon, T., Deccio, Fairley, Rossi, Honeyford, Morton, Johnson, Spanel, Swecker, Snyder, Roach, Haugen, Patterson, Costa, Hargrove, Goings, Sheldon, B., Oke, Franklin, and Eide.


      WHEREAS, Major General Greg Barlow has commanded the Washington Army and Air National Guard since September 1, 1989, serving under three governors; and

      WHEREAS, General Barlow graduated from Highline High School in Burien, Washington, and Seattle University with a Master of Arts Degree in Administration; and

      WHEREAS, He began his military career in 1964, and entered into active duty on March 27, 1966, serving in Vietnam as a Special Forces aviation officer, and completing more than one thousand combat flight hours; and

      WHEREAS, General Barlow received an appointment in the Washington Army National Guard in 1970, where he subsequently served in various command and staff assignments including the command of the 803rd Armor Battalion, Commanding General of the 81st Infantry Brigade, and the Assistant Adjutant General for the Army of the Washington National Guard prior to his appointment as the Adjutant General in 1989; and

      WHEREAS, General Barlow has an aeronautical rating of Master Aviator and a total of more than three thousand one hundred flying hours, in addition to a thorough military education; and

      WHEREAS, The numerous decorations and awards bestowed upon General Barlow include the Silver Star, Legion of Merit, Distinguished Flying Cross, Bronze Star with Oak Leaf Cluster, Purple Heart, Meritorious Service Medal with Oak Leaf Cluster, Air Medal with "V" Device and 24 Oak Leaf Clusters, Army Commendation Medal, Presidential Unit Citation, Combat Infantryman Badge, Parachutist Badge, Vietnamese Parachutist Badge, Master Aviator Badge, Special Forces Tab, and Office of the Secretary of Defense Identification Badge; and

      WHEREAS, General Barlow has retired from the National Guard and from his post as the Adjutant General of the Washington National Guard;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor Major General Gregory P. Barlow for his years of service; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Major General Greg Barlow.


MOTION


      Senator Stevens: “Mr. President, I move adoption of the resolution.”


REMARKS BY SENATOR STEVENS


      Senator Stevens: “Thank you, Mr. President. Ladies and gentlemen of the Chamber. It gives me great honor at this time to rise before you to honor a great gentleman--a man who has served our state and nation for over thirty-five years. Though I have known him for many years, I have to say that he has taught me, probably everything I didn’t know and needed to know about the National Guard and its role in our state and its role on the national level.

      “I was faced with some, if you will--crisis--in the minds of some of the folks in my district when they saw a train coming down the track that they called Y2K. I called the General and asked him if he might be able to help me alleviate some of these fears and put their minds at ease. He very quickly responded to my request by saying, ‘I believe that we can do that very quickly and easily by having a preparedness seminar,’ if you will. He not only helped us prepare that seminar, which I might add, two hundred people from my district attended. He put it together at the National Guard Armory. Our folks left there feeling like they were being taken care of and the situation was well in hand. In true military fashion, he took charge and put all of our minds at ease. I owe him a great debt for that because, quite frankly, I wasn’t sure how to handle it.

      “I have come to admire this man and his wife--the wife because she has stood by him all of these years--been there for him. Those of us in this Chamber, who are the wives of men, know that we are the women behind the great men. I honor them both at this time as having served our state and our nation unselfishly. That can be said, as you heard the resolution being read and you heard of the many medals, you know that a great amount of time, energy and commitment went into those medals that were awarded him.

      “The one medal that was not mentioned, that many of us fail to recognize often, is the medal that all of our service men wear around their necks. When they receive that medal, at least my husband did and I am assuming that all men in the military do today, they are explained to them of the little notch in that medal that they call their ‘dog tag.’ The purpose of that notch is that if they should die on the battlefield, that will be used to hook in their teeth to make certain that their bodies are correctly identified.

       “To have a man go forward to serve his nation, knowing that he may not come home standing--he may be in a horizontal position--in my mind is the greatest honor that they pay to our nation. We owe, not only to General and Mrs. Barlow, a great debt of service, but with him, I think that we can all safely say that we owe that honor, as well, to all of our service men who commit their lives to giving us the freedom that we know today.

      “With that, Mr. President, I would like to take this opportunity to thank this Chamber for honoring this great man with me. Thank you.”


REMARKS BY SENATOR DECCIO


      Senator Deccio: “Thank you, Mr. President. Greg and my friendship goes back nearly thirty years, and even then, Greg was a real spit and polished guy even before he became a high ranking officer in the National Guard. Out of all the medals that are listed here, the one that I think is the most prized is the Purple Heart. As you know, the Purple Heart is given to any one who during battle in defense of their country spills their blood. That medal is here; it should be number one.

      “Greg, it has been an honor to have you as my friend. When I get home, I am going to tell Joe Morrier about this very great occasion that is taking place in your honor. Good luck.”


REMARKS BY SENATOR BETTI SHELDON


      Senator Betti Sheldon: “Thank you, Mr. President. I want to take this opportunity to thank General Barlow for all his help for Kitsap County, not only for when we had an emergency and he sent the National Guard to help direct traffic in our area--they were wonderful--but also for his help with our Kitsap Readiness Center. We have truly appreciated your support; it has been a pleasure to work with you and we wish you well.”


REMARKS BY SENATOR RASMUSSEN


      Senator Rasmussen: “Thank you, Mr. President, and ladies and gentlemen of the Senate. I, too, would like to rise to honor Adjutant General Barlow. He not only has been a good friend all these years, but he has so well served the state. Many, many years ago when he came in, we had the war on drugs, particularly in Tacoma. Who steps up, but our National Guard, to lend all their troops, whatever we needed to be able to fight this war.

      “The little things that he has done in our communities--the National Guard--the people that work for all of us, under his direction has just been astronomical. What a tremendous gift he has been to our state! I rise to say ‘Thank you, General Barlow.’ You are, indeed, not only a good friend, but it is indeed an honor to be able to recognize you. Thank you.”



REMARKS BY SENATOR HEAVEY


      Senator Heavey: “Thank you, Mr. President. It is an honor to support this resolution and to commend it for the body’s consideration. General Barlow has a great deal of management and leadership skills and as a citizen of this state and as a citizen of this country, we can all be thankful that a man with his abilities has lent himself to the service of the state--Pierce County--and our country. When you are in trouble, whether it be a flood and the National Guard show up, or you are at war--unfortunately-- you want people like General Barlow on your side. I just feel so blessed that we have people like him that serve our country and serve our state. He is a great American and a great Washingtonian. I urge that you support this resolution. Thank you.”


REMARKS BY SENATOR HAUGEN


      Senator Haugen: “Thank you, Mr. President. I, too, rise in support of this resolution. I want to draw your attention to something else that General Barlow did and that was that he was the lead when we merged our Emergency Services into the National Guard. There were some people who didn’t think that would work well. It was because of his leadership and his ability to work so well with local government that he has built our Emergency Services Department into being one of the leading in the nation now.

      “That was one of those government efficiencies that we did. It was something that cost the taxpayers double, because we had two forms of Emergency Services, with our National Guard and our state Emergency Services. Now, we only have one. It was because of his leadership and his administrative skills that that transition went so well. I want to thank you, General Barlow, for that. I wish you well in your retirement.”


REMARKS BY SENATOR McDONALD


      Senator McDonald: “Well, it turns out that we were in Vietnam at the same time and the same place. Now, there were ten thousand of us in the same place at the time, so I can't say that we were pals back then. He went on to General and I remained a Lieutenant, J.G. So, for the boys and girls of the neighborhood there, we want to congratulate you; you did good.”


REMARKS BY SENATOR HOCHSTATTER


      Senator Hochstatter: “Thank you, Mr. President. My understanding--and you should never give politicians such a laundry list of commendations that we can pick from to praise a man--but my understanding is that you can wear the combat infantryman’s badge with your civies. I suspect that the General is headed for that uniform soon. The General once told me, ‘I speak about a lot of things, but whenever I speak about spiritual things, I always get somebody coming back and saying that was a great job.’

      “So, I am humbled by a man who has that kind of political moxie and such an esteem for the spiritual side of things, that has borne wounds in the defense of my country. Just as a request, I would ask him if he would ever--once he puts on the civilian uniform--choose to join this august body, would he please stay out of my district? Thank you.”


REMARKS BY SENATOR WEST


      Senator West: “Thank you Mr. President, and members of the Senate. General Barlow’s list of accomplishments is great indeed. General Barlow has served this state in a great manner. Each of us has a story or an incident where we have run across him and called upon him and his troops for assistance in our district or in an area. He has demonstrated his great leadership and, in fact, I think General Barlow is a role model for leaders everywhere. General Barlow should be held up as a role model for young people everywhere.

      “What General Barlow has done, I haven’t seen many do. He never fails to take the opportunity to remind the person he is working with or remind the person he is speaking with, that it is not his accomplishments alone, but that he is looking out for the welfare of the men and women of the National Guard. He calls them, ‘His soldiers,’ because he cares about them intensely. A good leader does that; he cares about the people that he is leading. It is only through their efforts that they are able to be as strong as they are. General Barlow has captured that--every chance. He impressed me so much the first time I met him in a hearing, where he made a passionate plea for his soldiers and he was looking out for his people. I can understand how, when he calls these folks out in the dark of night--away from their families, away from their jobs--into danger and difficult situations, that they are more than willing to go. More leaders ought to be like him and understand the values of the people they are leading. Thank you, sir, for that and for the great contributions to the state of Washington--and to the troops that you lead.”


REMARKS BY SENATOR OKE


      Senator Oke: “Thank you, Mr. President. General Barlow, I consider you, Greg, a good friend. You have been to my home and I have enjoyed the fellowship there. I want to say to those men and women behind you and along side of you, I salute you and God Bless each one of you for the service to this state. I do have a little story, too, about my district. I suspect the General would just as soon that I not share this, but I was listening carefully to all the awards you have received over the many years you have served and I didn’t hear any of them for driving ability. I had the General in our district and he was driving and I, as a Retired Senior Chief E8, felt honored to be sitting next to him. Unfortunately, someone pulled out in front of us and we had a little collision. It wasn’t the General’s fault, but I am going to look to a different driver.

      “As has been said, I do hope that you continue your service to this state. I am sure you will; I am sure you will enjoy a few months of retirement, as I did, and then say, ‘What’s next?’ I do hope that what is next brings you to Olympia. God Bless you and your family.”





REMARKS BY SENATOR MORTON


      Senator Morton: “Thank you, Mr. President. I wish to also rise and congratulate our General. In several ways, he was very adept at raising the morale of the troops and keeping that and sustaining that at a high level. However, he went beyond that many times to the other spelling of the word in the morals as they were addressed both while in uniform and out of uniform. He was very good at transmitting, by his own examples, the standards of conduct that must be retained, not only by the soldier in uniform, but out of uniform. So, by that, he has made us proud to have him as our General and also to have those troops to rise to that level of conduct. I commend him for the quality, Mr. President, of the esprit de corps that he developed within the inner soldier. Thank you.”


REMARKS BY SENATOR HALE


      Senator Hale: “Thank you, Mr. President. I feel that I also have to rise to honor General Barlow. Unfortunately, Senator West stole my comments. That is why he is number one and I am only number two. Anyway, I think that General Barlow epitomizes the best in a leader. You can’t help to be impressed by his fierce patriotism, his erect military posture and his absolute loyalty to his men. You are, indeed, a wonderful role model. I am sure that has been extremely valuable to your troops, but it is also valuable to the rest of us who remember what it takes to make a truly great American. Best wishes to you and to Mrs. Barlow.”


REMARKS BY SENATOR ROACH


      Senator Roach: “Thank you, Mr. President. I, too, want to rise and give a thank you. It has been just a wonderful experience and you do lots of things. I hope all of you have had the opportunity to hear some of the stories he has to tell, because they are just absolutely incredible. Among them, taking the challenge, after years I guess, of driving these all-terrain vehicles and to go down and show his men how to do it and thinking ‘Gads, do I still remember how,’ and being successful. Everyone was awed by it. Among the things that he does for us--one of the things--he acquaints us with what the National Guard does.

      “Many of you here have gone over to the Yakima Firing Range. My first trip--I’ve had two opportunities--my first trip, I flew over in his aircraft and we got to the Yakima Airport and we were going to get in a Huey and then go over to the Yakima Firing Range. They slammed the doors shut on both sides of the Huey and I turned to the General who was sitting next to me and I said, “Can’t we fly with the doors open?’ He said, ‘Yes, we can do that.’ I wasn’t thinking at the time. Afterwards, I realized that you had to have some balance in this aircraft. He opened our door and then he got out and went around to the other side and opened the other one up. He got back in and mentioned how windy it was going to be.

      “All I know is that then, Representative Eide didn’t know that I was the reason her hair was messed up the entire day, because it was windy. It was an exciting trip. You literally had your feet like this and you looked right down into the canyons of Yakima.

      “I want to take an opportunity, as I know General Barlow would want me to do, to introduce, sitting to his far right is his replacement Major General Timothy Lowenberg, who is going to be taking the General’s place. It has been an honor to meet him and we are all anxious to see how you are going to fill these shoes, but also to let you know that we are here to help you do the job you are doing for us. We really appreciate all of you and all of you that are there. There is a reception later and I hope that all of us will take the opportunity to go and shake hands with the greatest men and women this state has.”


REMARKS BY SENATOR WOJAHN


      Senator Wojahn: “Thank you, Mr. President, and members of the Senate. General Barlow, I want to congratulate you on your ability to generate funds for the National Guard. The first time that I really noticed this was after you were in position and I had been driving back and forth from Tacoma for about thirty-two years, coming down here for session. All of a sudden, the buildings began to take shape. In other words, there was new paint, new shutters--the dough boy out in front was polished up. Now he is copper-looking with the green copper base. I noticed that you cleaned up the sort of graveyard--the museum area of the yard--so that you can see the cannon and the aircraft that are too big to go into the military museum down the road. I think you have done a remarkable job in all areas, in addition to working well with people. You have managed to persuade the Legislature to give you the money to correct the problem. Thank you very much.”


REMARKS BY SENATOR THIBAUDEAU


      Senator Thibaudeau: “Thank you, Mr. President. If I may add to the General’s record, because in my community, he has been a very, very important force in the charitable area--helping kids, helping seniors, helping those people that society needs to help. I want you all to know that, because I think, in the final analysis we--obviously his military record is to be commended and has been on this floor--but his other record, he doesn’t talk about that too much or at least in this body--is really truly admirable. I would like to commend him for that, too. Thank you.”


REMARKS BY SENATOR SWECKER


      Senator Swecker: “Thank you, Mr. President. This past interim I’ve had the great good fortune of co-chairing the Senate Select Committee on Military and Veterans Affairs--with the good Senator from the Second Legislative District. I am sure looking forward to going forth with that effort. One of the big emphases we’ve had is providing assistance--the state that is--helpful and conducive to our veterans and our retired veterans, so that they will stay on in this state after they retire. Now that our good General is in that status, I am hoping that he will also appear before our committee from time to time and give us insight into the things that we can do.

      “I also wanted to say that as the good General indicates he is a master Army aviator. I had the very good fortune to also be an Army aviator and I note that earlier he suggested that he might want to become a member of this body. I do want to reassure you, sir, that being a member of this body is a lot of fun, but it is a little like being an Army aviator. It is hours and hours of sheer boredom interspersed with moments of stark terror, so we would welcome you.”


REMARKS BY SENATOR SHIN


      Senator Shin: “Thank you, Mr. President. I rise and stand for this resolution. I was twice asked to be a speaker at the Army graduation commencement exercises and there I met General Barlow. My impression of him was that he was not a tough man; he was a loving, kind person and one who cares about the graduating seniors. He went around shaking hands with the students and that touched me very much. What I would like to add to the resolution is that besides all the commendations that he has received, if I could add ‘A humble general who cares about education for the troops.’ Thank you for this opportunity.”


      The President declared the question before the Senate to be the adoption of Senate Resolution 2000-8700.

      The motion by Senator Stevens carried and the resolution was adopted.


INTRODUCTION OF SPECIAL GUESTS

 

      The Vice President Pro Tempore welcomed and introduced Major General Gregory P. Barlow, the retiring Washington Adjutant General, his wife, and the newly appointed Washington Adjutant General, Timothy J. Lowenberg, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 2000-8698


By Senators Winsley and Heavey


      WHEREAS, It is the policy of the Washington State Legislature to recognize and honor the contributions of individuals and organizations that reflect standards of excellence and enhance the well-being and quality of life of the citizens of the state of Washington; and

      WHEREAS, Toastmasters International is a leading movement in making effective oral communication a national and international reality for all persons; and

      WHEREAS, Toastmasters International, through its member Toastmaster Clubs, helps men and woman of all ages learn the arts of speaking, listening and thinking, vital skills that promote self-actualization, enhance leadership potential, foster human understanding and contribute to the betterment of all mankind; and

      WHEREAS, Toastmasters International, through its member Toastmaster Clubs, provides a mutually supportive and positive learning environment in which every member has the opportunity to develop the communication and leadership skills which foster self-confidence and personal growth; and

      WHEREAS, Toastmasters International member Toastmaster Clubs usually meet each week for one to two hours and usually contain three main elements: prepared speeches, impromptu speeches, and evaluations of speeches which provide feedback on the positive aspects of the speeches and friendly suggestions for improvement; and

      WHEREAS, Toastmasters International, through its member Toastmaster Clubs, benefits individuals, companies, communities and countries by providing potential leaders in all walks of life, the skills, discipline, and confidence needed to succeed; and

      WHEREAS, Toastmasters International currently has over 8,000 member Toastmaster Clubs worldwide made up of approximately 170,000 members with over 3,400 members in the state of Washington, and is growing by approximately 250 new members worldwide each day;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the Toastmasters International during the week of January 31, 2000 through February 6, 2000, and its member Toastmaster Clubs, for the contributions it has provided the citizens of this state; and

      BE IT FURTHER RESOLVED, That all persons be encouraged to participate in the beneficial programs Toastmasters International provides through its member Toastmaster Clubs; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Steven J. Kennedy, Public Relations Officer, Toastmasters International, Washington State Toastmasters Club, District 2.


MOTION


      On motion of Senator Betti Sheldon, the Senate reverted to the seventh order of business.


THIRD READING


      SUBSTITUTE SENATE BILL NO. 5932, by Senate Committee on Ways and Means (originally sponsored by Senators Loveland, Bauer, Rossi, West, Hale and Rasmussen)

 

Changing provisions relating to bond debt service payments from the community and technical college capital projects account.


      The bill was read the third time.


      Senator Loveland spoke to Substitute Senate Bill No. 5932.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5932.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5932 and the bill passed the Senate by the following vote:

Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, 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 - 49.

      SUBSTITUTE SENATE BILL NO. 5932, 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 Betti Sheldon, the Senate reverted to the sixth order of business.


SECOND READING


      SENATE BILL NO. 6199, by Senators Wojahn, Winsley, Thibaudeau, Snyder, Goings, Kohl-Welles, Jacobsen, Fraser, Prentice, Costa, Rasmussen, Bauer, Spanel, McAuliffe, Gardner, Franklin and Kline

 

Adopting a patient bill of rights.


MOTION


      On motion of Senator Wojahn, Second Substitute Senate Bill No. 6199 was substituted for Senate Bill No. 6199 and the second substitute bill was placed on second reading and read the second time.


MOTION


      Senator Deccio moved that the following amendments be considered simultaneously and be adopted:

       On page 15, line 24, after "families" insert "except a governmental agency under section 24 of this act"

       On page 18, after line 7, insert the following:

       "NEW SECTION. Sec. 24. This act applies to a self-insured health plan provided under Chapter 48.62 RCW by any county, municipality, or other political subdivision of the state."

       On page 18, after line 11 insert the following:

       "(3) Section 24 of this act takes effect July 1, 2003."

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      Senator Finkbeiner demanded a roll call and the demand was sustained.

      Further debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Deccio on page 15, line 24, and page 18, lines 7 and 11, to Second Substitute Senate Bill No. 6199.


ROLL CALL


      The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 22.

     Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Span---el, Thibaudeau and Wojahn - 27.


MOTION


      Senator Johnson moved that the following amendments by Senator Deccio be considered simultaneously and be adopted:

       On page 3, after line 3, strike all of subsection (4) and insert the following:

       "(4) The commissioner may adopt rules to implement this section and shall take into consideration health information privacy standards adopted by federal regulatory agencies."

       Renumber the sections consecutively and correct any internal references accordingly.

       On page 6, after line 31, strike all of (8) and insert the following:

       "(8) Every health plan shall meet the standards set forth in this section and carriers must comply with rules adopted by the commissioner to implement this section. To the extent consistent with Washington state law, the commissioner shall align such rules with standards of nationally recognized and impartial accrediting organizations, such as the National Committee on Quality Assurance (NCQA) or other accrediting or certifying bodies recognized by the commissioner to be competent in accrediting health carriers and state agencies that purchase health services."

       Renumber the sections consecutively and correct any internal references accordingly.

       On page 7, after line 7, strike all of subsection (2) and insert the following:

       "(2) The commissioner may adopt, in rule, standards for this section. To the extent consistent with Washington state law, the commissioner shall align such rules with standards of nationally recognized and impartial accrediting organizations, such as the National Committee for Quality Assurance (NCQA) or other accrediting or certifying bodies recognized by the commissioner to be competent in accrediting health carriers in the area of utilization review and state agencies that purchase managed health care services.

       Renumber the sections consecutively and correct any internal references accordingly.

       On page 7, after line 15, strike all of (2) and insert the following:

       "(2) The commissioner may adopt, in rule, standards for this section. To the extent consistent with Washington state law, the commissioner shall align such rules with standards of nationally recognized and impartial accrediting organizations, such as the National Committee for the Quality Assurance (NCQA)or other accrediting or certifying bodies recognized by the commissioner to be competent in accrediting health carriers and the state agencies that purchase managed health care services."

       Renumber the sections consecutively and correct any internal references accordingly.

       On page 7, after line 23, strike everything down through and including "services" on line 27, and insert: "To the extent consistent with Washington State law, the commissioner shall algin such rules with standards of nationally recognized and impartial accrediting organizations, such as the National Committee on Quality Assurance (NCQA) or other accrediting or certifying bodies recognized by the commissioner to be competent in accrediting health carriers and state agencies that purchase managed health care services"

       Renumber the sections consecutively and correct any internal references accordingly.

       On page 12, after line 32, strike all of (9) and insert the following:

       "(9) In adopting rules for this section, the department, to the extent consistent with Washington state law, shall align its standards with those of nationally recognized and impartial accreditation organizations, such as the National Committee on Quality Assurance (NCQA) or other accrediting or certifying bodies recognized by the department to be competent in examining independent review entities, and shall provide for accelerated review of entities that are certified or accredited by such organizations. Refusal of certification by the department shall not be based solely on lack of accreditation or certification by NCQA or other accrediting bodies."

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Deccio on page 3, after line 3; page 6, after line 31; page 7, after line 7; page 7, after line 15; page 7, after line 23; and page 12, after line 32; to Second Substitute Senate Bill No. 6199.

      The motion by Senator Johnson failed and the amendments by Senator Deccio were not adopted.


MOTION


      On motion of Senator Wojahn, the rules were suspended, Second Substitute Senate Bill No. 6199 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6199.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6199 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, 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 - 48.

     Voting nay: Senator Hochstatter - 1.

      SECOND SUBSTITUTE SENATE BILL NO. 6199, 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


      At 12:24 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, January 27, 2000.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate