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SEVENTY-FIRST DAY


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MORNING SESSION


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Senate Chamber, Olympia, Monday, March 20, 1995

      The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Oke and Owen.

      The Sergeant at Arms Color Guard, consisting of Pages Wes Hough and Julie Christianson, presented the Colors. Reverend Jan Friend, retired army chaplain and representing the Christian Reform Church, offered the prayer.


MOTION


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


REPORTS OF STANDING COMMITTEES


March 17, 1995

HB 1188            Prime Sponsor, Representative L. Thomas: Concerning the loan security ratio. Reported by Committee on Financial Institutions and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar and Sutherland.


      Passed to Committee on Rules for second reading.


March 17, 1995

SHB 1348          Prime Sponsor, House Committee on Financial Institutions and Insurance: Regulating escrow agents. Reported by Committee on Financial Institutions and Housing


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar and Sutherland.


      Passed to Committee on Rules for second reading.


March 17, 1995

HB 1371            Prime Sponsor, Representative L. Thomas: Regulating investments by insurers. Reported by Committee on Financial Institutions and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar and Sutherland.


      Passed to Committee on Rules for second reading.


March 17, 1995

HB 1498            Prime Sponsor, Representative L. Thomas: Extending the expiration date for the pollution liability insurance program. Reported by Committee on Financial Institutions and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach, Sellar and Sutherland.


      Passed to Committee on Rules for second reading.


March 17, 1995

SHB 1573          Prime Sponsor, House Committee on Financial Institutions and Insurance: Providing for heating oil liability protection. Reported by Committee on Financial Institutions and Housing


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale, Roach and Sellar.


      Referred to Committee on Ways and Means.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS


March 16, 1995

GA 9051            EUGENE G. "PAT" PATTERSON, appointed August 24, 1994, for a term ending June 30, 1999, as a member of the Transportation Commission.

                           Reported by Committee on Transportation


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Owen, Chair; Fairley, Haugen, Kohl, Morton, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.


      Passed to Committee on Rules.


March 16, 1995

GA 9073            RICHARD THOMPSON, reappointed August 24, 1994, for a term ending June 30, 2000, as a member of the Transportation Commission.

                           Reported by Committee on Transportation


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Owen, Chair; Fairley, Haugen, Morton, Prentice, Prince, Rasmussen, Schow, Sellar and Wood.


      Passed to Committee on Rules.


MESSAGE FROM THE GOVERNOR


March 14, 1995

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

      Larry Phillips, reappointed March 14, 1995, for a term ending July 5, 1997, as a member of the Puget Sound Water Quality Authority.

Sincerely,

MIKE LOWRY, Governor


      Referred to Committee on Ecology and Parks.


FURTHER MESSAGE FROM THE GOVERNOR

March 17, 1995

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that on March 16, 1995, Governor Lowry approved the following Senate Bill entitled:

      Engrossed Senate Bill No. 5925

      Relating to determining unemployment insurance compensation rates.

Sincerely,

KENT CAPUTO, Legal Counsel to the Governor


INTRODUCTION AND FIRST READING

 

SB 6061             by Senators Rasmussen, Morton, Haugen, Swecker and Winsley

 

AN ACT Relating to water; amending RCW 43.21A.064, 90.03.070, 90.03.470, 90.03.340, 90.03.270, 90.03.280, 90.03.290, 90.03.320, 90.03.260, 90.44.060, 90.03.250, 89.30.001, 90.40.090, and 90.46.020; amending 1993 c 495 s 3 (uncodified); reenacting and amending RCW 43.84.092; adding new sections to chapter 43.27A RCW; adding new sections to chapter 90.44 RCW; adding new sections to chapter 90.03 RCW; adding new sections to chapter 43.21B RCW; adding a new chapter to Title 43 RCW; creating new sections; repealing RCW 90.03.471; making an appropriation; providing effective dates; and declaring an emergency.

 

Referred to Committee on Ways and Means.


MOTIONS


      On motion of Senator Spanel, Senate Bills No. 5050, 5145, 5177, 5178, 5186, 5230, 5233, 5252, 5314, 5356, 5357, 5362, 5395, 5396, 5638, 5700, 5708, 5839, 5878, 5915, 5940, 5948, 5975, 5994 and 6033, which were on the second reading calendar, were returned to the

Committee on Rules.

      On motion of Senator Spanel, Substitute Senate Bills No. 5231 and 5489, which were on the second reading calendar, were returned to the Committee on Rules.


MOTIONS


      On motion of Senator Spanel, Senate Joint Memorial No. 8007 and Senate Joint Resolution No. 8215, which were on the second reading calendar, were returned to the Committee on Rules.

      On motion of Senator Spanel, Senate Bill No. 5163, which was on the third reading calendar, was returned to the Committee on Rules.


MOTION


      On motion of Senator Spanel, Senate Concurrent Resolution No. 8400 will remain on the second reading calendar.


MOTION


      At 10:14 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

      At 10:14 a.m., the Senate retired to the House Chamber for the purpose of a Joint Session.


JOINT SESSION

WASHINGTON STATE MEDAL OF MERIT AWARD CEREMONY


      The Sergeant at Arms of the House announced the arrival of the Senate at the bar of the House.


      The Speaker Pro Tempore instructed the Sergeants at Arms of the House and the Senate to escort the President of the Senate, Joel Pritchard; President Pro Tempore, R. Lorraine Wojahn; Vice President Pro Tempore, Rosa Franklin; Majority Leader, Marcus S. Gaspard; and Republican Leader, Dan McDonald to seats on the rostrum.


      The Speaker Pro Tempore invited the Senators to seats within the House Chamber.


REMARKS BY SPEAKER PRO TEMPORE HORN


      Speaker Pro Tempore Horn: "It is our privilege to again host the award ceremony for the winners of the Medal of Merit. We welcome you, President Pritchard, our colleagues from the Senate, medal recipients and all other guests who are with us today. It is a pleasure for me to give you, President Pritchard, the gavel to preside over this Joint Session."


      The Secretary of the Senate called the roll of the Senate.


      The Clerk of the House called the roll of the House.


APPOINTMENT OF SPECIAL COMMITTEES


      The President of the Senate appointed Senators McAuliffe and Finkbeiner and Representatives Stevens and Tokuda as a special committee to advise the Governor that the Joint Session had assembled and to escort him from his Office to the bar of the House.


      The President of the Senate appointed Senators Spanel and Morton and Representatives Robertson and Regala as a special committee to escort the Supreme Court Justices from the State Reception Room to seats within the House Chamber.


      The President of the Senate appointed Senator Haugen and Representatives Schoesler and Conway to escort the State Elected Officials from the State Reception Room to seats within the House Chamber.


      The President of the Senate introduced the Supreme Court Justices and the State Elected Officials.


      The President of the Senate introduced a delegation of political leaders from Uruguay, who were seated in the gallery.


      The Sergeant at Arms announced the arrival of Governor Mike Lowry and escorted him to his seat on the rostrum.


REMARKS BY PRESIDENT PRITCHARD


      President Pritchard: "Ladies and gentlemen, it is my pleasure to welcome the Governor, members of the Supreme Court, and our State Elected Officials who are with us for this Medal of Merit Ceremony."


      The President of the Senate appointed Senators Deccio and Prentice and Representatives Ballasiotes, Jacobsen, Honeyford and Cody to escort the honorees from the State Reception Room to the rostrum.


      The President of the Senate introduced Ralph Munro, Secretary of State.


REMARKS BY RALPH MUNRO, SECRETARY OF STATE


      Secretary of State Munro: "Mr. Speaker, Mr. President, members of the court, elected officials and distinguished guests all. In the mid 1980's, Speaker John O'Brien and others proposed an award to be offered by the Washington State government to any person who has been distinguished by his exceptionally meritorious conduct in performing outstanding services to the people of Washington State. The Legislature passed Speaker O'Brien's proposal and it was signed by Governor Booth Gardner.

      "Each year the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Washington State Supreme Court and the Secretary of State meet to discuss candidates for the Medal of Merit. Some proposed nominations come from the public, some from the members of the Legislature and other elected officials throughout the state, and some from the committee itself.

      "Previous winners include the very best of Washington State: Doctor Lester Sauvage, world renown heart surgeon and scientist who now leads the Hope Heart Clinic in Seattle; Professor Orville Vogel, researcher and inventor of Washington's super wheat to feed the world, from Pullman in the Palouse; Senator Henry M. 'Scoop' Jackson, defender of freedom around the globe, the school kid from

Everett who went to the top; Dorothy Bullitt, benefactor and entrepreneur and philanthropist from Seattle, a pioneer in broadcasting; Senator Warren G. Magnuson, prosecutor, politician and President Pro Tempore of the United States Senate. In the era of bringing home the bacon, Maggie brought home the whole pig; Edward Carlson, who went from bellhop at the Olympic to civic leader of the Pacific Northwest; Julia Butler Hansen, Chairman of the Interior Committee of the United States House of Representatives. Because of her, every cabinet member in the United States government learned exactly where Cathlamet, Washington, was located; Dr. Belding Scribner, physician, inventor, research and development of the kidney dialysis equipment for the world; Frances Penrose Owen, civic leader, business executive, organizer of numerous charitable and elocutionary activities and long time Regent at Washington State University; James Reed Ellis, Seattle advocate and attorney, founder of Metro, cleaning up Western Washington waters, the forward thinker of Forward Thrust; Dr. Charles Odegaard, professor, educator and a leader who struggled during the difficult and often tumultuous 1960's to build one of the finest universities in the world, the University of Washington; and finally, Dr. William Hutchinson, the ballplayer's brother who went to medical school and who refused to strike out against cancer, and continues to beat it on a daily basis, the founder of the Freddy Hutchinson Cancer Research Center.

      "During the years of 1991, 1992, 1993 and 1994, your committee met, reviewed nominations and decided to wait. We have always remembered that the law says 'exceptional meritorious conduct and outstanding service.' It is with greatest respect today that the committee reports that two names have been selected for 1995. These two outstanding individual Washingtonians are Dr. Michael Copass of Seattle and King County and Dr. Kathleen Ross of Toppenish in Yakima County. Thank you."


INTRODUCTION OF SPECIAL GUESTS


      The President introduced guests of Dr. Kathleen Ross and guests of Dr. Michael Copass, who were seated in the gallery.


REMARKS BY SPEAKER BALLARD


      Speaker Ballard: "The purpose of the Joint Session is to present Medal of Merit Awards for the fifth time, honoring two deserving Washington State citizens who have been distinguished by exceptionally meritorious conduct in performing outstanding services to the people and the state of Washington. At this time, I will take the gavel from the President for the purpose of introducing him as a participant in the ceremony.

      "Ladies and gentlemen, the Speaker has the honor to present to you, Lieutenant Governor Joel Pritchard, for the purpose of introducing and honoring Dr. Michael Copass."


REMARKS BY PRESIDENT PRITCHARD

INTRODUCTION OF DR. MICHAEL COPASS


      President Pritchard: "I believe all of you have read in the program, but just to remind you, Dr. Copass directed the Emergency Center at Harborview, the Medical Director of the Airlift Northwest, Medical Director of the King County Medic One Program 911, a spectacular achievement. You realize that, and it's said not in jest, but in truth, that the safest place in the world to have a heart attack is Seattle. And this gentleman was the driving force; he was the key to putting in this team. Besides that he also has time to work and teach at the University of Washington as a professor of neurology.

      "I think the easiest way to explain what Mike has accomplished--I was over on Bainbridge Island and I was watching a playfield where some children were playing and there was a father there and he was playing with the children. I realized that was the same man who two years ago was hit--he was on a bike--and he was hit by a car and he was run over and dragged two hundred feet. People thought he was dead, but he was alive. They said he isn't going to make it, but they got a hold of a helicopter and they flew him to Harborview. They said he may live; he may not. He, obviously, is going to be in terrible shape if he does live. Two years later he's playing with his children--playing baseball.

      "That's the legacy that this man has left. I know he'd be the first one to say, 'Many. many other people are involved; I don't do it alone.' Personally, he's saved hundreds of people by his actions. His staff has saved thousands and because the system he put together has been replicated in so many other systems, now he's saved thousands. Just two weeks ago, I had someone from a foreign country come and say, 'We want to go up to Harborview and see how they do it. We're going to put this system in our country.' He is going to affect the lives of millions of people.

      "So it's with great pleasure that I introduce Mike Copass, Doctor Michael Copass, the Medal of Merit winner."


      President Pritchard presented the Medal of Merit to Dr. Michael Copass.


REMARKS BY DR. MICHAEL COPASS


      Dr. Copass: "It is an intimidating job to face down things that are said about you. I frequently start speeches by reminding people that I could be prematurely grey and likewise prematurely senile, but I'll let you be the judge of that. I one time started a speech by the phrase, 'in my farming days.' I was eighteen; I was practicing that speech in a courtroom of a man whose standards I wasn't sure I could meet. He was a little man from west Texas, who was absolutely sure that I needed as much work as I could possibly do. So, he guaranteed that I could work for one of his friends who farmed a fairly large, somewhat desperate collection of sand in Franklin County.

      "When you think about activities that impress you, farming for an eighteen year old, when you're all alone, always hot--insufferably so--always cold, the same does leave you with a memory. I think my life passed fairly quickly. The second real impact came upon me and that was that I could start a speech and say, 'In my Harborview days.' I've been at Harborview for a long time, my entire professional life, save that spent in the military. Education passes by like the speed of light, no matter whether it's collegiate or medical school, but

one's professional duties add like the skin of an onion. I think about that particular facility which has existed in this state under the largess of the University, and I think about the contribution that that facility has made to this State, to the county of King, to the city of Seattle, and to the region. And I think we are very lucky and I think it is a privilege to serve there.

      "So, the truth of this speech is that I thank you for allowing me the privilege to be one of your servants. I've enjoyed my time in that institution. We've spent every day trying to make ourselves better; we've spent every day trying to get the most we can out of what resources we have and we use them wisely. Our goal and our ambition is to provide reasonable care for the citizens of this place and to provide an educational format for those individuals who come from this state who need to be the next generation's physicians--people that we see as leaders in their communities--they are chosen to go to school for their talent, they must leave the school professionally skilled and leaders.

      "So, I thank you for this monumental award. I also thank you for allowing me this last twenty-two years to function as a member of this intellectual community--the University of Washington School of Medicine--to participate in the activities of this remarkable state and to be able to do the things that we had done in the institution under the golden dome at Ninth and Jefferson, for the people who need our help. May I thank you?"


INTRODUCTION OF GOVERNOR LOWRY


      President Pritchard introduced Mike Lowry for the purpose of introducing and honoring Dr. Kathleen Ross.


REMARKS BY GOVERNOR LOWRY

INTRODUCTION OF DR. KATHLEEN ROSS


      Governor Lowry: "Thank you Mr. President, Mr. Speaker, members of the State Supreme Court, fellow elected officials, members of the State Legislature, citizens of the state of Washington, thank you for allowing me the honor to make this next presentation of our Medal of Merit.

      "Dr. Kathleen Ross has dedicated her life to education. As founding President of Heritage College, Dr. Ross has sought to bring higher education to culturally diverse students who otherwise might not have a four-year college opportunity. The success of Heritage College has been phenomenal. In 1982, the college had an initial class of approximately eighty students. Now, the college enrolls more than eleven hundred students a year. Fifty percent of the undergraduate students are either Native American or Hispanic, and eighty-five percent are the first persons from their families to attend college. In addition, seventy percent of the students are women and sixty percent live below the poverty level.

      "Heritage College started as an outreach effort of Fort Wright College in Spokane where Dr. Ross was academic Vice President. When Fort Wright closed, community leaders from the Yakima Indian Nation and the Yakima Valley refused to let the program die. Along with Dr. Ross, they established a new college specifically for the people of the Yakima Valley region. Today, the college graduates between seven hundred and eight hundred students a year in education, social sciences, liberal arts and business management. Heritage College also offers a Masters of Education degree that produces close to one hundred graduates each year, making Heritage College the school that graduates the most minority teachers in Washington State. Importantly, many Heritage graduates return to their home communities to teach.

      "Dr. Ross is nationally known as a leader in higher education, especially in the field of cross cultural communication. In 1989, she was one of three recipients of the National Harold McGraw prize in education. In 1991, Georgetown University presented her with the John Caroll Award. She has honorary degrees from Dartmouth, Alverno, Pomona and Whitworth Colleges and Seattle University. Dr. Ross holds a Ph.D. and is an instrumental member of the Sisters of the Holy Names of Jesus and Mary.

      "I'm very honored to present her with the 1995 Washington State Medal of Merit. Dr. Ross."


      Governor Lowry presented the Medal of Merit to Dr. Kathleen Ross.


REMARKS BY DR. KATHLEEN ROSS


      Dr. Ross: "Thank you, Governor Lowry; Speaker of the House, Clyde Ballard, from a city dear to my heart, Wenatchee; Lieutenant Governor Joel Pritchard; Secretary of State, Ralph Munro; and distinguished members of the Legislature; Chief Justice Durham and Justices of the Court; and all of my new friends and my old friends here.

      "I'm really thrilled to accept this medal today because it symbolizes to me how people who dream together, who create a vision together, who support each other in pursuit of that vision and who trust in God's providence together, can make a difference. I accept this medal today, not just for myself, but on behalf of all those people who have made a difference by creating and nurturing and sustaining Heritage College. This includes the more than five thousand individual students who have taken at least one course at Heritage College, in a place where no four-year college existed fourteen years ago. It also includes the faculty, the staff, the administrators, the board of directors. The faculty, staff and administrators work for private college wages, but they provide a tremendous public service for the state of Washington and are proud of it.

      "I accept this on behalf, also, of the hundreds of persons in the Yakima Valley and throughout the state who have given, not only a beautiful new library to Heritage--and there's a nice picture of it out in that display--but have also given dozens of vital scholarships and other operational support. I also think, most especially, in accepting this award of the Yakima Indian Nation whose educational leaders provided the original vision of what could be and who continue to support the growth of our multi-ethnic college. Unfortunately, all of those education leaders are in Washington D.C., for a major Indian education conference today, so they couldn't join us here.

      "My sharing this award also includes thanks to the Sisters of the Holy Name who supported the college at the very beginning even though it was to be a nonsectarian institution. I also want to thank the members of this Legislature, especially, and the Governor's office, because you have provided financial aid in the form of the Washington State Need Grant, the Education Opportunity Grant, the Work Study Funds--and without these vital funds Heritage would be without ninety-five percent of its students. That would be a pretty small school. Last but not least, in people who have made a difference for me, I include my Mother, Mary Ross, of Wenatchee, and my sister, Rosemary, of the Dalles in Oregon.

      "In receiving this medal today, I was asking myself what makes the Heritage story so unique and seemingly deserving of recognition. My answer is a very simple word--opportunity. Heritage has demonstrated that creating opportunities for people brings success for an entire community which could not even have been imagined before hand. What do I mean when I say, ' opportunity?' Well, I mean an opportunity that knocks at each citizens door regardless of the geographic location, regardless of the financial condition, regardless of the ethnic background; opportunity that expresses the belief that each citizen can become a contributor to society-- not just a consumer of society's benefits; an opportunity that comes into being when each person is treated with dignity empowering each to have the courage to reach for his or her full God-given human potential. This is the kind of opportunity which Heritage is dedicated to creating.

      "As I was thinking of what to share with you the last couple of days, one of our faculty brought a thank you note to me that he had received in the mail and I would like to share it with all of you. It reads, 'Dear Doctor, I just wanted to take this opportunity to thank you for the enormous changes your work has wrought in my life. When we met the first time in 1991, I was living on public assistance with not much hope for anything. Since that time, I have not only managed to become self-supporting, but to increase my income by about $10,000 a year. This has certainly improved my and my childrens' lives. The work you do is so important and you'll always have my respect and gratitude. Thanks again. Signed as one of our students.' That is what opportunity is about.

      "I thank you today for this very high honor bestowed on me and on Heritage College, and in accepting it, I challenge each of us to measure what we are doing against that yard stick of creating opportunities. Opportunities which will allow the creation of a better world for the generations yet to come. This will mean creating opportunities proportionally for all people at all levels of society. Opportunities for individuals to become contributors to society and not just bigger consumers of either private or public wealth. How exciting it is to me to think of the future if all our expectations are focused on increasing opportunities for everybody at every level of society and not simply meeting the popular short-term expectations of increasing everyone's disposable income.

      "I feel a great joy and pride in accepting this medal today. The joy and satisfaction of creating opportunities which allow people to change their lives is a far greater reward than any material reward I can imagine and this medal today celebrates that joy and pride. On a spiritual level, I have to say it is truly an awesome privilege to participate in God's own work of creating new life in others. My wish for each of you here today is that you would experience the same joy and satisfaction.

      "Again, thank you. To our legislators, please consider continuing your support for financial aid and God bless everyone of you."


      The President of the Senate instructed the special committee to escort Dr. Ross and Dr. Copass to the State Reception Room.


      The President of the Senate instructed the special committee to escort Governor Lowry to the State Reception Room.


      The President of the Senate instructed the special committee to escort the State Elected Officials to the State Reception Room.


      The President of the Senate instructed the special committee to escort the Supreme Court Justices to the State Reception Room.


MOTION


      On motion of Representative Padden, the Joint Session was dissolved.


      The President of the Senate returned the gavel to the Speaker Pro Tempore of the House of Representatives.


      The Speaker Pro Tempore instructed the Sergeant at Arms of the House, and the Sergeant at Arms of the Senate to escort President Joel Pritchard; President Pro Tempore, R. Lorraine Wojahn; Vice President Pro Tempore, Rosa Franklin; Majority Leader, Marcus S. Gaspard; Republican Leader, Dan McDonald; and members of the Washington State Senate from the House Chamber.


      The Senate was called to order at 11:14 a.m. by President Pritchard.


MOTION


      At 11:14 a.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Tuesday, March 21, 1995.


JOEL PRITCHARD, President of the Senate


MARTY BROWN, Secretary of the Senate