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EIGHTY-SIXTH DAY

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MORNING SESSION

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Senate Chamber, Cherberg Building, Olympia, Tuesday, April 3, 2001

      The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Hargrove, McDonald, Rasmussen and Rossi. On motion of Senator Hewitt, Senators Finkbeiner, McDonald and Rossi were excused. On motion of Senator Eide, Senators Hargrove and Rasmussen were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Michael Diaz and Claire Hughes, presented the Colors. Reverend Mike McIntosh, pastor of the Grace Church in Federal Way, and a guest of Senator Tracey Eide, 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.


INTRODUCTION AND FIRST READING

 

SCR 8414          by Senators Jacobson, Kohl-Welles, Carlson and Rasmussen

 

Establishing a blue ribbon task force to study opportunities to expand public and private scholarship and financial aid support for students in higher education in Washington state.

 

Referred to Committee on Higher Education.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9018, Kay Harlan, as a member of the Board of Trustees for Clover Park Technical College District No. 29, was confirmed.


APPOINTMENT OF KAY HARLAN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

     Excused: Senators Finkbeiner, Hargrove, McDonald, Rasmussen and Rossi - 5.


MOTION


      At 8:43 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 9:44 a.m. by President Owen.


MOTION


      On motion of Senator Eide, Senator Haugen was excused.


SECOND READING


      HOUSE BILL NO. 1071, by Representatives Doumit, Buck, Sump, Ogden and Dunn (by request of Salmon Recovery Funding Board)

 

Adjusting deadlines for salmon recovery grant applications.


      The bill was read the second time.


MOTIONS


      On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Shorelines striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 77.85.140 and 2000 c 107 s 103 are each amended to read as follows:

       (1) Habitat project lists shall be submitted to the salmon recovery funding board for funding ((by January 1st and July 1st of each year beginning in 2000)) at least once a year on a schedule established by the board. The board shall provide the legislature with a list of the proposed projects and a list of the projects funded by October 1st of each year ((beginning in 2000)) for informational purposes. Project sponsors who complete salmon habitat projects approved for funding from habitat project lists and have met grant application deadlines will be paid by the salmon recovery funding board within thirty days of project completion.

       (2) The interagency committee for outdoor recreation shall track all funds allocated for salmon habitat projects and salmon recovery activities on behalf of the board, including both funds allocated by the board and funds allocated by other state or federal agencies for salmon recovery or water quality improvement.

       (3) Beginning in December 2000, the board shall provide a biennial report to the governor and the legislature on salmon recovery expenditures. This report shall be coordinated with the state of the salmon report required under RCW 77.85.020."


MOTIONS


      On motion of Senator Jacobsen, the following title amendment was adopted:

       On page 1, line 2 of the title, after "deadlines;" strike the remainder of the title and insert "and amending RCW 77.85.140."

      On motion of Senator Jacobsen, the rules were suspended, House Bill No. 1071, as amended by the Senate, 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 House Bill No. 1071, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1071, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Absent: Senator Kline - 1.

     Excused: Senator Haugen - 1.

      HOUSE BILL NO. 1071, as amended by the Senate, 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


      SUBSTITUTE HOUSE BILL NO. 1391, by House Committee on State Government (originally sponsored by Representatives Kessler and Mastin)

 

Overseeing statutory legislative committees.


      The bill was read the second time.


MOTIONS


      On motion of Senator Patterson, the following Committee on State and Local Government striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 44.04 RCW to read as follows:

       The joint legislative audit and review committee, the legislative transportation committee, the joint committee on pension policy, the legislative evaluation and accountability program committee, and the joint legislative systems committee are subject to such operational policies, procedures, and oversight as are deemed necessary by the facilities and operations committee of the senate and the executive rules committee of the house of representatives to ensure operational adequacy of the agencies of the legislative branch. As used in this section, "operational policies, procedures, and oversight" includes the development process of biennial budgets, contracting procedures, personnel policies, and compensation plans, selection of a chief administrator, facilities, and expenditures.

       NEW SECTION. Sec. 2. A new section is added to chapter 44.28 RCW to read as follows:

       The administration of the joint legislative audit and review committee is subject to section 1 of this act.

       Sec. 3. RCW 44.28.060 and 1996 c 288 s 7 are each amended to read as follows:

       The members of the joint committee shall form an executive committee consisting of one member from each of the four major political caucuses, which shall include a chair and a vice-chair. The chair and vice-chair shall serve for a period not to exceed two years. The chair and the vice-chair may not be members of the same political party. The chair shall alternate between the members of the majority parties in the senate and the house of representatives.

       Subject to section 1 of this act, the executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the joint committee, as well as other duties delegated to it by the joint committee. The executive committee shall recommend applicants for the position of the legislative auditor to the membership of the joint committee. The legislative auditor shall be hired with the approval of a majority of the membership of the joint committee. Subject to section 1 of this act, the executive committee shall set the salary of the legislative auditor.

       The joint committee shall adopt rules and procedures for its orderly operation. The joint committee may create subcommittees to perform duties under this chapter.

       Sec. 4. RCW 44.28.065 and 1996 c 288 s 8 are each amended to read as follows:

       The legislative auditor shall:

       (1) Establish and manage the office of the joint legislative audit and review committee to carry out the functions of this chapter;

       (2) Direct the audit and review functions described in this chapter and ensure that performance audits are performed in accordance with the "Government Auditing Standards" published by the comptroller general of the United States as applicable to the scope of the audit;

       (3) Make findings and recommendations to the joint committee and under its direction to the committees of the state legislature concerning the organization and operation of state agencies and the expenditure of state funds by units of local government;

       (4) Subject to section 1 of this act, in consultation with and with the approval of the executive committee, hire staff necessary to carry out the purposes of this chapter. Subject to section 1 of this act, employee salaries, other than the legislative auditor, shall be set by the legislative auditor with the approval of the executive committee;

       (5) Assist the several standing committees of the house and senate in consideration of legislation affecting state departments and their efficiency; appear before other legislative committees; and assist any other legislative committee upon instruction by the joint legislative audit and review committee;

       (6) Provide the legislature with information obtained under the direction of the joint legislative audit and review committee;

       (7) Maintain a record of all work performed by the legislative auditor under the direction of the joint legislative audit and review committee and keep and make available all documents, data, and reports submitted to the legislative auditor by any legislative committee.

       NEW SECTION. Sec. 5. A new section is added to chapter 44.40 RCW to read as follows:

       The administration of the legislative transportation committee is subject to section 1 of this act.

       Sec. 6. RCW 44.40.015 and 1999 sp.s. c 1 s 617 are each amended to read as follows:


       The members of the legislative transportation committee shall form an executive committee consisting of two members from each of the four major political caucuses, which will include the chair and vice-chair of the legislative transportation committee. There will be four alternates to the executive committee, one from each of the four major political caucuses. Each alternate may represent a member from the same political caucus from which they were chosen when that member is absent, and have voting privileges during that absence.

       Subject to section 1 of this act, the executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the committee, determining the number of legislative transportation committee staff, and other duties delegated to it by the committee. Except when those responsibilities are assumed by the legislative transportation committee, and subject to section 1 of this act, the executive committee is responsible for adopting interim work plans and meeting schedules, approving all contracts signed on behalf of the committee, and setting policies for legislative transportation ((commitee [committee])) committee staff utilization.

       Sec. 7. RCW 44.40.040 and 1979 c 151 s 157 are each amended to read as follows:

       The members of the legislative transportation committee and the house and senate transportation committees shall receive allowances while attending meetings of the committees or subcommittees and while engaged in other authorized business of the committees as provided in RCW 44.04.120 ((as now or hereafter amended)). Subject to section 1 of this act, all expenses incurred by the committee, and the house and senate transportation committees, including salaries of employees of the legislative transportation committee, shall be paid upon voucher forms as provided by the office of financial management and signed by the chairman or vice chairman or authorized designee of the chairman of the committee, and the authority of said chairman or vice chairman to sign vouchers shall continue until their successors are selected. Vouchers may be drawn upon funds appropriated for the expenses of the committee.

       Sec. 8. RCW 44.40.090 and 1977 ex.s. c 235 s 10 are each amended to read as follows:

       Subject to section 1 of this act, powers and duties enumerated by this chapter shall be delegated to the senate and house transportation committees during periods when the legislative transportation committee is not appointed.

       Sec. 9. RCW 44.40.100 and 1977 ex.s. c 235 s 11 are each amended to read as follows:

       Subject to section 1 of this act, the legislative transportation committee ((and/or)) and the senate and house transportation committees may enter into contracts on behalf of the state to carry out the purposes of this chapter ((44.40 RCW as amended)); and it or they may act for the state in the initiation of or participation in any multigovernmental program relative to transportation planning or programming; and it or they may enter into contracts to receive federal or other funds, grants, or gifts to carry out said purposes and to be used in preference to or in combination with state funds. When federal or other funds are received, they shall be deposited with the state treasurer and thereafter expended only upon approval by the committee or committees.

       NEW SECTION. Sec. 10. A new section is added to chapter 44.44 RCW to read as follows:

       The administration of the joint committee on pension policy is subject to section 1 of this act.

       Sec. 11. RCW 44.44.030 and 1987 c 25 s 2 are each amended to read as follows:

       (1) Subject to section 1 of this act, the state actuary shall have the authority to select and employ such research, technical, clerical personnel, and consultants as the actuary deems necessary, whose salaries shall be fixed by the actuary and approved by the joint committee on pension policy, and who shall be exempt from the provisions of the state civil service law, chapter 41.06 RCW.

       (2) All actuarial valuations and experience studies performed by the office of the state actuary shall be signed by a member of the American academy of actuaries. If the state actuary is not such a member, the state actuary, after approval by the committee, shall contract for a period not to exceed two years with a member of the American academy of actuaries to assist in developing actuarial valuations and experience studies.

       NEW SECTION. Sec. 12. A new section is added to chapter 44.48 RCW to read as follows:

       The administration of the legislative evaluation and accountability program committee is subject to section 1 of this act.

       Sec. 13. RCW 44.48.050 and 1977 ex.s. c 373 s 5 are each amended to read as follows:

       Subject to section 1 of this act, all expenses incurred by the committee, including salaries and expenses of employees, shall be paid upon voucher forms as provided by the administrator and signed by the chairman or vice chairman of the committee and attested by the secretary of said committee, and the authority of said chairman and secretary to sign vouchers shall continue until their successors are selected after each ensuing session of the legislature. Vouchers may be drawn on funds appropriated by law for the committee: PROVIDED, That the senate and the house may authorize the committee to draw on funds appropriated by the legislature for legislative expenses.

       Sec. 14. RCW 44.48.090 and 1979 c 151 s 158 are each amended to read as follows:

       The committee shall have the following powers:

       (1) To have timely access, upon written request of the administrator, to all machine readable, printed, and other data of state agencies relative to expenditures, budgets, and related fiscal matters;

       (2) To suggest changes relative to state accounting and reporting systems to the office of financial management or its successor and to require timely written responses to such suggestions; and

       (3) Subject to section 1 of this act, to enter into contracts; and when entering into any contract for computer access, make necessary provisions relative to the scheduling of computer time and usage in recognition of the unique requirements and priorities of the legislative process.

       Sec. 15. RCW 44.48.120 and 1977 ex.s. c 373 s 12 are each amended to read as follows:

       The committee is hereby authorized and empowered to appoint an officer to be known as the LEAP administrator who shall be the executive officer of the committee and assist in its duties and shall compile information for the committee.

       Subject to section 1 of this act, the committee is hereby authorized and empowered to select and employ temporary and permanent personnel and fix their salaries.

       The duties of the administrator shall be as follows:

       (1) To manage the LEAP operations.

       (2) To assist the several standing committees of the house and senate; to appear before other legislative committees; and to assist any other legislative committee upon instruction by the committee.

       (3) To provide the legislature with information obtained under the direction of the committee.

       (4) To maintain a record of all work performed by the administrator under the direction of the committee and to keep and make available all documents, data, and reports submitted to the administrator by any legislative committee.

       NEW SECTION. Sec. 16. A new section is added to chapter 44.68 RCW to read as follows:

       The administration of the joint legislative systems committee is subject to section 1 of this act.

       Sec. 17. RCW 44.68.040 and 1986 c 61 s 4 are each amended to read as follows:

       Subject to section 1 of this act:

       (1) The systems committee, after consultation with the administrative committee, shall employ a legislative systems coordinator. The coordinator shall serve at the pleasure of the systems committee, which shall fix the coordinator's salary.

       (2) The coordinator shall serve as the executive and administrative head of the center, and shall assist the administrative committee in managing the information processing and communications systems of the legislature as directed by the administrative committee.

       Sec. 18. RCW 44.68.050 and 1986 c 61 s 5 are each amended to read as follows:

       The administrative committee shall, subject to the approval of the systems committee and subject to section 1 of this act:

       (1) Adopt policies, procedures, and standards regarding the information processing and communications systems of the legislature;

       (2) Establish appropriate charges for services, equipment, and publications provided by the legislative information processing and communications systems, applicable to legislative and nonlegislative users as determined by the administrative committee;

       (3) Employ or engage and fix the compensation for personnel required to carry out the purposes of this chapter;

       (4) Enter into contracts for (a) the sale, exchange, or acquisition of equipment, supplies, services, and facilities required to carry out the purposes of this chapter and (b) the distribution of legislative information;

       (5) Generally assist the systems committee in carrying out its responsibilities under this chapter, as directed by the systems committee."



MOTIONS


      On motion of Senator Patterson, the following title amendment was adopted:

       On line 1 of the title, after "legislature;" strike the remainder of the title and insert "amending RCW 44.28.060, 44.28.065, 44.40.015, 44.40.040, 44.40.090, 44.40.100, 44.44.030, 44.48.050, 44.48.090, 44.48.120, 44.68.040, and 44.68.050; adding a new section to chapter 44.04 RCW; adding a new section to chapter 44.28 RCW; adding a new section to chapter 44.40 RCW; adding a new section to chapter 44.44 RCW; adding a new section to chapter 44.48 RCW; and adding a new section to chapter 44.68 RCW."

      On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1391, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Thibaudeau: “Senator Patterson, my question has to do with the amendment that you just discussed, and being a little bit slow this morning, I didn’t respond earlier, but I did vote ‘no’ on the amendment. My concern has to do with a number of amendments to bills that were handled, I believe in the Judiciary Committee, and it required much greater oversight by JLARC The concern was that agencies were not implementing bills as we passed them. So, I guess my question has to do with how specific is this in terms of what is going to be required of the policy committees following every single solitary rule that gets adopted by our agencies?”

      Senator Patterson: “Thank you, Senator Thibaudeau. What this legislation says is that a process will be developed--an oversight process--relating to the budget, relating to contracting procedures, personnel policies, how we pay folks that work for the committees, the compensation plans, how it is we go about hiring the chief administrator for these committees and how the money is spent. These policies--there will be oversight provided related to these policies by the Senate Facility and Operations Committee and the Executive Rules Committee of the House.”

      Further debate ensued.


POINT OF INQUIRY


      Senator Long: “Senator Patterson, how would it affect current administrators--current people who are staffing these positions?”      Senator Patterson: “The bill would have no effect whatsoever on the folks that are working for these committees now--any of the policies relating to them as employees. The bill simply attempts to try to coordinate between the House and the Senate what our policy is going to be in the future regarding contracting, hiring and firing and different personnel related rules.”

      Senator Long: “I am asking the question because it indicates in the summary the hiring of the chief administrator, so would the current administrators remain or would some of them be changed?” 

      Senator Patterson: “There has been no discussion about changing anyone’s employment status. There has been absolutely no discussion--”

      Senator Long: “This is all prospective?”

      Senator Patterson: “That is correct.”

      Senator Long: “Thank you.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1391, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1391, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.

       Voting nay: Senator Thibaudeau -1.

        Excused: Senator Haugen - 1.

      SUBSTITUTE HOUSE BILL NO. 1391, as amended by the Senate, 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 Finkbeiner, the following resolution was adopted:


SENATE RESOLUTION 2001-8645


By Senators Finkbeiner, Hochstatter, Kline, Johnson, Prentice, Kohl-Welles, McAuliffe, Oke, Roach, Costa, Sheldon, B., Franklin, Rasmussen, Stevens, Zarelli, McCaslin, Winsley and Fraser


      WHEREAS, Eugene Drayton, born in Longview, Texas, served in the United States Army during World War II and settled in Seattle upon discharge from the Army in 1945, to begin a career with the United States Postal Service; and

      WHEREAS, In 1958, Eugene Drayton, heeding a higher calling, became an associate minister at the House of Prayer for All Nations; and

      WHEREAS, Pastor Drayton gave up a fifteen year career with the United States Postal Service, dedicated himself fully to following his spiritual calling, and began an outreach "ministry that would reach all nations or races of people," and founded the Zion United House of Prayer in 1960; and

      WHEREAS, After ministering in his hands-on style for many years, Pastor Drayton took notice of an increasing number of students in his Sunday School classes unable to read or write; and

      WHEREAS, Pastor Drayton, assuming immense responsibility and acting in total faith, developed a vision of a private school that could afford great learning opportunities for those not likely to have such opportunities; and

      WHEREAS, Pastor Drayton's vision was realized in 1982, when he successfully founded Zion Preparatory Academy otherwise known as "The Miracle on 32nd Street"; and

      WHEREAS, Pastor Drayton has remained faithful to his church, his school, and his community, by extending learning opportunities to children in multiethnic urban neighborhoods; and

      WHEREAS, Zion Preparatory Academy instills discipline, personal responsibility, high academic standards, and a foundation of spiritual belief that has benefitted both alumni and the community; and

      WHEREAS, Zion Preparatory works to counteract negative stereotypes and provide its students with positive African-American role models; and

      WHEREAS, The academy continues to be one of the largest recipients of private and corporate contributions among educational institutions in Seattle; and

      WHEREAS, Pastor Drayton has selflessly contributed to the community and youth by serving on the boards of service and children's organizations for decades; and

      WHEREAS, Pastor Drayton, at the age of eighty-one, continues to minister at Zion United House of Prayer in Seattle;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the outstanding achievements of Pastor Eugene Drayton, who has dedicated his life to helping Seattle's underprivileged and minority youth acquire a solid education, a sense of self-worth, and understanding of the importance of greater service to God and community; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately delivered to the Zion United House of Prayer, Zion Preparatory Academy, the Office of the Governor, the Office of the Superintendent of Public Instruction, the Seattle City Council, and the King County Metropolitan Council.


      Senators Kohl-Welles, Franklin, Hochstatter, McAuliffe, Shin and Oke spoke to Senate Resolution 2001-8645.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Pastor Eugene Drayton and Mr. Doug Wheeler, the Headmaster of Zion Preparatory Academy, who were seated on the rostrum.

      With permission of the Senate, business was suspended to permit Pastor Drayton to address the Senate.


MOTION


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


SENATE RESOLUTION 2001-8658


By Senators Honeyford, Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli


      WHEREAS, Irving R. Newhouse served the people of the Yakima Valley, and the citizens of the state of Washington for nearly forty years, serving thirty-four illustrious years in the Washington State Legislature from 1965 through 1998 with integrity and honor; and

      WHEREAS, Senator Newhouse, who lived in the Yakima Valley for all of his life, began a career of public service in 1964 with his election to the Washington State House of Representatives, and continued his service upon his appointment to the State Senate in 1980; and

      WHEREAS, In recognition of his political insight and intelligence, Senator Newhouse rose to several leadership positions including Senate Republican Floor Leader and Senate President Pro Tempore; and

      WHEREAS, His unmatched understanding of the political process and the Senate's parliamentary procedure occasionally allowed him to direct the Senate's business even when his own party was not in power; and

      WHEREAS, Senator Newhouse's vast legislative experience and excellent memory proved a frequent source of perspective and information, as well as a good deal of humor; and

      WHEREAS, Senator Newhouse's commitment to the citizens of the Eighth and Fifteenth Legislative Districts and his constant support of the agricultural community have proved invaluable to all the people of our state; and

      WHEREAS, Despite constant accolades for his service and legislation and reputation for wielding a fair share of political power, Irv always remained the son of John and Tina, the brother to Melvin, Ellen, Alfred, David, Betty, John, Maryjane, Albert and Wayne, just another farmer from the valley at the local coffee shop; and

      WHEREAS, His noble and dedicated service, marked by his honesty and humility, was a constant example of a truly devoted public servant and an inspiration to many who serve in the Legislature now; and

      WHEREAS, The Washington State Legislature named the Irving R. Newhouse Building on the state capital campus in honor of Senator Newhouse's significant contribution to the state of Washington; and

      WHEREAS, Irv, in addition to his many years of public service, was also a dedicated, devoted and loving husband, father, and grandfather; and

      WHEREAS, Irving R. Newhouse passed away from this earth on March 29, 2001, after eighty years of distinguished life;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate express its sympathy and condolences to the family of Senator Irving R. Newhouse; and

      BE IT FURTHER RESOLVED, That the members of the Washington State Senate hereby pay tribute to Irv's legacy of public service and his contribution to the public good; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to Mrs. Ruth Newhouse and members of the family of Senator Irving R. Newhouse.


      Senators Deccio, Thibaudeau, McCaslin, Rasmussen, Hale and Snyder spoke to Senate Resolution 2001-8658.


      Funeral Services for Senator Irving R. Newhouse were scheduled for this afternoon in Sunnyside, Washington.


MOTION


      On motion of Senator Betti Sheldon, the Senate returned to the sixth order if business.


SECOND READING


      HOUSE BILL NO. 1100, by Representatives Fisher and Woods (by request of Marine Employees' Commission)

 

Modifying notice requirements.


      The bill was read the second time.


MOTION


      On motion of Senator Gardner, the rules were suspended, House Bill No. 1100 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 House Bill No. 1100.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1100 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

     Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Voting nay: Senator Benton - 1.

     Excused: Senator Haugen - 1.

      HOUSE BILL NO. 1100, 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. 5540, by Senators Franklin, Eide, Regala, Fraser, Costa, Rasmussen, Patterson, Kline, Kohl-Welles, Winsley and Gardner (by request of Governor Locke)

 

Authorizing public utility tax credits for home energy assistance programs for low-income households.


MOTIONS


      On motion of Senator Fraser, Second Substitute Senate Bill No. 5540 was substituted for Senate Bill No. 5540 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Fraser, the rules were suspended, Second Substitute Senate Bill No. 5540 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 Second Substitute Senate Bill No. 5540.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5540 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Haugen - 1.

      SECOND SUBSTITUTE SENATE BILL NO. 5540, 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.


NOTICE FOR AMENDMENT TO SENATE RULES


      Requiring one day notice, the President announced that Senator Honeyford will move to amend Senate Rule 35 at a later time.


      EDITOR’S NOTE: Senate Rule 35 states: ‘l. The permanent senate rules adopted at the first regular session during a legislative biennium shall govern any session subsequently convened during the same legislative biennium. Adoption of permanent rules may be by majority of the senate without notice and a majority of the senate may change a permanent rule without notice at the beginning of any session, as determined pursuant to Article 2, Section 12 of the State Constitution. No permanent rule or order of the senate shall be rescinded or changed without a majority vote of the members, and one day’s notice of the motion.’


MOTION


      At 10:56 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Wednesday, April 4, 2001.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate