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THIRTY-EIGHTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 17, 1999

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

      The Sergeant at Arms Color Guard consisting of Pages Lisa Flynn and Erin Patterson, presented the Colors. Brenda Hill, of the Bahai' Assembly of Tumwater, offered the prayer.


MOTION


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

 

REPORTS OF STANDING COMMITTEES

February 16, 1999

SB 5019             Prime Sponsor, Senator Patterson: Changing provisions relating to opiate substitution treatment programs. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5019 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Patterson, Sheahan, Stevens and Zarelli.


      Referred to Committee on Ways and Means..


February 16, 1999

SB 5103             Prime Sponsor, Senator Haugen: Changing provisions relating to the state's coastal zone program. Reported by Committee on Environmental Quality and Water Resources


      MAJORITY Recommendation: That Substitute Senate Bill No. 5103 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.


February 15, 1999

SB 5115             Prime Sponsor, Senator Heavey: Changing judicial review of public employment relations commission proceedings. Reported by Committee on Labor and Workforce Development


      MAJORITY Recommendation: That Substitute Senate Bill No. 5115 be substituted therefor, and the substitute bill do pass. Signed by Senators Fairley, Chair; Franklin, Vice Chair; Hochstatter, Kline, Oke and Wojahn.


      Passed to Committee on Rules for second reading.


February 15, 1999

SB 5121             Prime Sponsor, Senator Hargrove: Establishing a carbon storage program. Reported by Committee on Natural Resources, Parks and Recreation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5121 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Snyder, Spanel and Stevens.


      Referred to Committee on Ways and Means.


February 15, 1999

SB 5147             Prime Sponsor, Senator Patterson: Prescribing procedures for payment of industrial insurance awards after death. Reported by Committee on Labor and Workforce Development


      MAJORITY Recommendation: That Substitute Senate Bill No. 5147 be substituted therefor, and the substitute bill do pass. Signed by Senators Fairley, Chair; Franklin, Vice Chair; Hochstatter, Kline, Oke and Wojahn.


      Passed to Committee on Rules for second reading.


February 16, 1999

SB 5172             Prime Sponsor, Senator Zarelli: Changing provisions relating to HIV testing of offenders and arrested or detained persons. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 5172 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Long, Patterson, Sheahan, Stevens and Zarelli.


      Passed to Committee on Rules for second reading.


February 16, 1999

SB 5290             Prime Sponsor, Senator Fraser: Changing the freshwater aquatic weeds management program by clarifying funding and creating an advisory committee. Reported by Committee on Environmental Quality and Water Resources


      MAJORITY Recommendation: That Substitute Senate Bill No. 5290 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.


February 15, 1999

SB 5300             Prime Sponsor, Senator Patterson: Amending and adding provisions affecting cities and towns. Reported by Committee on State and Local Government


      MAJORITY Recommendation: That Substitute Senate Bill No. 5300 be substituted therefor, and the substitute bill do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.


      Passed to Committee on Rules for second reading.


February 15, 1999

SB 5401             Prime Sponsor, Senator Haugen: Repealing an obsolete provision pertaining to hydraulic project applications. Reported by Committee on Natural Resources, Parks and Recreation


      MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Snyder, Spanel and Stevens.


      Passed to Committee on Rules for second reading.


February 15, 1999

SB 5536             Prime Sponsor, Senator Spanel: Requiring a review and report on the adequacy of department of natural resources management plans of forest lands within watersheds. Reported by Committee on Natural Resources, Parks and Recreation


      MAJORITY Recommendation: That Substitute Senate Bill No. 5536 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Oke, Snyder and Spanel.


      Referred to Committee on Ways and Means.


INTRODUCTION AND FIRST READING

 

SB 5937             by Senators Prentice, Benton, Haugen, Goings, Brown, Oke, Gardner, Winsley, Hale, Fraser and Rasmussen

 

AN ACT Relating to underground petroleum storage tanks; amending RCW 43.84.092 and 43.84.092; adding a new section to chapter 70.148 RCW; providing an effective date; and providing expiration dates.

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

 

SB 5938             by Senators Fraser, Hochstatter, B. Sheldon and Patterson

 

AN ACT Relating to establishing a moratorium on bypassing the facilities of local electric utilities; adding a new chapter to Title 80 RCW; providing an expiration date; and declaring an emergency.

Referred to Committee on Energy, Technology and Telecommunications.

 

SB 5939             by Senators Johnson, T. Sheldon, Oke and Roach

 

AN ACT Relating to collection of small claims court judgments by collection agencies; amending RCW 12.40.105 and 12.40.110; and adding a new section to chapter 12.40 RCW.

Referred to Committee on Judiciary.

 

SB 5940             by Senators Stevens, Hargrove, Long and Sheahan

 

AN ACT Relating to treatment of minors in the custody of the department of social and health services; amending RCW 71.05.150 and 71.05.200; adding new sections to chapter 71.34 RCW; and adding a new section to chapter 71.05 RCW.

Referred to Committee on Human Services and Corrections.

 

SB 5941             by Senators Kline, Haugen, Patterson and Fraser

 

AN ACT Relating to reviewing state funds that support recreational uses on nonhighway roads and off-road vehicle trails; and creating new sections.

Referred to Committee on Natural Resources, Parks and Recreation.

 

SB 5942             by Senators Kline and Patterson

 

AN ACT Relating to employee noncompetition agreements in the broadcasting industry; and adding a new section to chapter 49.44 RCW.

Referred to Committee on Labor and Workforce Development.

 

SB 5943             by Senators Kline, Patterson and Costa

 

AN ACT Relating to the creation of the Washington citizen enforcement act; and adding a new chapter to Title 7 RCW.

Referred to Committee on Judiciary.

 

SB 5944             by Senators Haugen and Snyder

 

AN ACT Relating to management of state-owned aquatic lands; amending RCW 79.90.465, 79.90.520, and 79.93.040; and adding a new section to chapter 79.90 RCW.

Referred to Committee on Natural Resources, Parks and Recreation.

 

SB 5945             by Senators Spanel, Hale, Winsley and Rasmussen (by request of Washington State Patrol)

 

AN ACT Relating to unlawful harassment; and adding a new chapter to Title 7 RCW.

Referred to Committee on Judiciary.

 

SB 5946             by Senators Stevens, Oke and Winsley (by request of Washington State Patrol)

 

AN ACT Relating to enhancing auto theft investigations; amending RCW 46.12.040 and 46.12.060; reenacting and amending RCW 46.12.030; and creating new sections.

Referred to Committee on Judiciary.

 

SB 5947             by Senator Jacobsen

 

AN ACT Relating to telecommunications companies; adding new sections to chapter 80.36 RCW; and prescribing penalties.

Referred to Committee on Energy, Technology and Telecommunications.

 

SB 5948             by Senator Morton

 

AN ACT Relating to the definition of "leasehold interest"; and adding a new section to chapter 82.29A RCW.

Referred to Committee on Ways and Means.

 

SB 5949             by Senators Finkbeiner, Johnson, Oke and Winsley

 

AN ACT Relating to academic choice in education scholarship program; adding a new chapter to Title 28A RCW; and providing for submission of this act to a vote of the people.

Referred to Committee on Education.

 

SB 5950             by Senators Fairley, Fraser, Thibaudeau, Kohl-Welles and Prentice

 

AN ACT Relating to early hearing loss detection, diagnosis, and intervention; creating new sections; making appropriations; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

 

SB 5951             by Senators Costa, Long and Winsley (by request of Department of Social and Health Services)

 

AN ACT Relating to technical amendments concerning the child abuse protection and treatment act; amending RCW 74.13.500; and declaring an emergency.

Referred to Committee on Human Services and Corrections.

 

SB 5952             by Senators Bauer and Winsley

 

AN ACT Relating to the compact for education; and adding a new chapter to Title 28A RCW.

Referred to Committee on Education.

 

SB 5953             by Senators Kohl-Welles, Sheahan, Shin, Winsley and Thibaudeau

 

AN ACT Relating to a loan repayment and scholarship endowment program for attorneys who provide legal services in public interest areas of the law; amending RCW 43.79A.040; and adding a new chapter to Title 28B RCW.

Referred to Committee on Higher Education.

 

SB 5954             by Senators Kline, Eide and Thibaudeau (by request of Department of Social and Health Services)

 

AN ACT Relating to torts committed against recipients of state assistance; and amending RCW 43.20B.070.

Referred to Committee on Health and Long-Term Care.

 

SB 5955             by Senators Snyder, Haugen, McDonald, Benton and Prentice

 

AN ACT Relating to the legislative transportation committee; amending RCW 44.40.010; and adding a new section to chapter 44.40 RCW.

Referred to Committee on Transportation.

 

SB 5956             by Senators Kohl-Welles, Sheahan, Shin, Goings, Gardner, Winsley, Thibaudeau, Spanel, B. Sheldon and Costa

 

AN ACT Relating to part-time employees of community and technical colleges.

Referred to Committee on Higher Education.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 5928, which was held on the desk February 16, 1999, was referred to the Committee on Judiciary.


MOTION


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


SENATE RESOLUTION 1999-8623


By Senators Rasmussen, Honeyford, Spanel, Loveland, Gardner and Fraser


      WHEREAS, Dairy farming in Washington has a proud one hundred-twenty year history; and

      WHEREAS, Washington is home to 1400 dairy farms and 260,000 dairy cows; and

      WHEREAS, Washington's dairy cows are the eighth most productive in the United States, with total annual milk production of 5.3 billion pounds in 1997; and

      WHEREAS, Our state's dairy farmers contributed approximately $730 million to the state's economy in 1997 with milk production ranked second in dollar value among all of Washington's bountiful agricultural commodities; and

      WHEREAS, Citizens throughout the state today celebrate Dairy Day at the state capitol under the proud sponsorship of The Washington State Dairy Federation; and

      WHEREAS, Julie Haakenson of Carnation is representing the dairy industry with distinction as the reigning Washington State Dairy Ambassador, as well as serving an eleven month internship with the Washington Dairy Products Commission; and

      WHEREAS, Her alternates are Becky Smith of Custer and Amanda Miller of Spokane;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate acknowledge and honor the women and men whose work on dairy farms throughout Washington has contributed so much to the strength and vitality of our state and its economy, the character of our communities, and the general well-being of our citizens; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Washington State Dairy Ambassador Julie Haakenson, and to alternates Becky Smith and Amanda Miller.


      Senators Rasmussen, Morton, Prentice, Honeyford and Deccio spoke to Senate Resolution 1999-8623.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Julie Haakenson, the Washington State Dairy Ambassador from Carnation and Alternate Ambassadors Becky Smith of Custer and Amanda Miller of Spokane, who were seated on the rostrum.

      With permission of the Senate, business was suspended to permit Dairy Ambassador Julie to address the Senate.


MOTION


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


PERSONAL PRIVILEGE


      Senator McCaslin: “A point of personal privilege, Mr. President. Ladies and gentlemen of the Senate, I would like to call your attention to the Press Corps. I look forward, this week, to clarity in the articles, truthfulness--oh, they are leaving already. Well, we are still ahead of the game, folks.”


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Spanel, Gubernatorial Appointment No. 9006, Jesus "Jess" Del Bosque, as a member of the Board of Trustees for Skagit Valley Community College District No. 4, was confirmed.


APPOINTMENT OF JESUS “JESS" DEL BOSQUE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Bauer, 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 - 48.

     Absent: Senator Benton - 1.


MOTION


      On motion of Senator Spanel, Gubernatorial Appointment No. 9078, William P. Roehl, as a member of the Fish and Wildlife Commission, was confirmed.


APPOINTMENT OF WILLIAM P. ROEHL


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 3; Absent, 1; Excused, 0.

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

     Voting nay: Senators Hochstatter, Honeyford and Morton - 3.

     Absent: Senator Deccio - 1.

 

MOTION


      On motion of Senator Fraser, Gubernatorial Appointment No. 9014, Sheila Guenther, as a member of the Lottery Commission, was confirmed.

      Senators Fraser and Bauer spoke to the confirmation of Sheila Guenther as a member of the Lottery Commission.


APPOINTMENT OF SHEILA GUENTHER


      The Secretary called the roll. The appointment was confirmed 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.

 

MOTION

 

      On motion of Senator Fraser, Gubernatorial Appointment No. 9059, Gary L. Christenson, as Administrator of the Washington State Health Care Authority, was confirmed.

      Senators Fraser, Deccio, Wojahn and Thibaudeau spoke to the confirmation of Gary L. Christenson as Administrator of the Washington State Health Care Authority. 

 

APPOINTMENT OF GARY L. CHRISTENSON

 

      The Secretary called the roll. The appointment was confirmed 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.

 

INTRODUCTION OF SPECIAL GUEST

 

      The President welcomed and introduced United States Senator, Patty Murray, who was in the Senate Chamber.

 

MOTION

 

      At 10:43 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 11:30 a.m. by President Owen.

 

SECOND READING


      SENATE BILL NO. 5046, by Senators Long, Hargrove and Costa

 

Revising hearing procedures for defendants receiving mental health evaluations.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5046 was substituted for Senate Bill No. 5046 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5046 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5046.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5046 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. 5046, 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. 5047, by Senators Long, Hargrove and Costa

 

Revising the sharing of information among mental health professionals.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5047 was substituted for Senate Bill No. 5047 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5047 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5047.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5047 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. 5047, 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.





PERSONAL PRIVILEGE


      Senator Benton: “Mr. President, I rise to a point of personal privilege. As many of you have read in your reports and e-mails over the last few days, February nineteenth is fast approaching. I have asked the Pages to pass out to your desks a pamphlet on the World War II Memorial. I would like to just read to you from the inside, if I may, Mr. President: 'When my country called, I answered; When my country asked, I gave; Reach out now across the years and through the tears, remember me.' That was written by a World War II veteran. This memorial will be dedicated in late May, but you have until February 19 to be a permanent part of that memorial. So, you can put anything on three lines, twenty characters per line that you choose. It does not necessarily have to be related to a war veteran. If you want to recognize a child or a brother or a sister or even a friend from any war or for any reason, you can do so. I just want to remind you that your opportunity to do so will be over on the nineteenth, which is in just a few short days. I wanted to remind my Senators, my colleagues, to take advantage of this last opportunity to be a part of this everlasting memorial. Thank you.”

    

SECOND READING


      SENATE BILL NO. 5352, by Senator McCaslin

 

Removing the term limit for members of boundary review boards.


MOTIONS


      On motion of Senator Patterson, Substitute Senate Bill No. 5352 was substituted for Senate Bill No. 5352 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5352 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5352.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5352 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

     Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, 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, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 44.

     Voting nay: Senators Benton, Fairley, Roach, Stevens and Zarelli - 5.

      SUBSTITUTE SENATE BILL NO. 5352, 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. 5490, by Senators Wojahn, Winsley, Kline, Fairley, B. Sheldon, McAuliffe, Thibaudeau, Snyder, Rasmussen and Costa

 

Requiring temporary assistance for needy families employment assessments to screen for learning disabilities.


      The bill was read the second time.


MOTIONS


      On motion of Senator Fairley, the following Committee on Labor and Workforce Development amendment was adopted:

       On page 2, line 4, after "families", delete "applicants" and insert "recipients"

      On motion of Senator Fairley, the rules were suspended, Engrossed Senate Bill No. 5490 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 Engrossed Senate Bill No. 5490.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5490 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; 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, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 46.

     Voting nay: Senators Hochstatter, McDonald and Zarelli - 3.

      ENGROSSED SENATE BILL NO. 5490, 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 advanced to the eighth order of business.


PARLIAMENTARY INQUIRY


      Senator Heavey: “Mr. President, a point of parliamentary inquiry. Is it permissive for a Senator to use a lap top computer while we are engaged in debate?”


REPLY BY THE PRESIDENT


      President Owen: “Senator Heavey, the Senate has not addressed that issue in their rules, but since I think that precedent having been set for the last ten years would say it is. The President would have to rule at this time, based on precedent, that it is appropriate for a person to be using a lap top computer if they so choose--at this time. If you would like to convene a meeting of the Committee on Rules, or whatever, to discuss that, I am sure that everybody would just love to have that discussion.”


MOTION


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


SENATE RESOLUTION 1999-8621


By Senators Jacobsen, Snyder, Spanel, Fairley, B. Sheldon, Fraser, Kohl-Welles, Goings, Gardner and Rasmussen


      WHEREAS, Jack J. Spitzer has achieved great success and prominence in business, politics, and civic affairs. He is best known for his dedication to improving his community and supporting the development and personal growth of young people; and

      WHEREAS, The depth and breadth of Mr. Spitzer’s charitable activities span across political, social and geographic boundaries and his sixty years of tireless work have benefitted thousands of people, both young and old, from Seattle to South Africa; and

      WHEREAS, Mr. Spitzer, in his post as full-time volunteer International President of B’nai B’rith, led the first ever mission from Israel to Egypt at the invitation of Egyptian President Anwar Sadat and continues to work as an international ambassador for peace; and

      WHEREAS, Mr. Spitzer worked closely with the Conference for Material Claims Against Germany, the first and oldest organization representing holocaust victims in their struggle to recover damages for losses experienced during the atrocities of the Second World War; and

      WHEREAS, Mr. Spitzer chairs the Advisory Committee to the International Center on Global Aging at Catholic University of America, is a co-founder and Vice-Chair of the Board of Medical Education for South African Blacks, and has served on the Executive Committee of United Way of King County; and

      WHEREAS, Mr. Spitzer has been recognized and honored with the “World Community Service Award”from his Rotary Region, the “Torch of Liberty Award” from the Anti-Defamation League of B’nai B’rith, the “Community Service Award” of the Wurtzweiler School of Social Work, and the United States Army Commendation Ribbon after having served in the China-Burma-India region; and

      WHEREAS, The Spitzer Endowment for Youth has been established in his honor to support students of all ages and backgrounds with scholarships and awards, and the Hillel Spitzer Forum on Public Policy which teaches college students from over one hundred campuses how to become leaders in their communities, and the March of the Living which sends teenagers from across the globe to visit concentration camps to teach them about the evils of intolerance - then on to Israel to celebrate that country’s independence day, and the Seymour Kaplan Awards which honor Seattle students for their community service; and

      WHEREAS, After sixty years of service Mr. Spitzer just recently finished serving as the United States Public Delegate to the United Nations General Assembly as appointed by President Clinton, and considers his greatest success of all to be his family: wife Charlotte, two children, and seven grandchildren;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Mr. Jack Spitzer for his accomplishments, contributions, and continuing success, and thank him for his great service and dedication to the citizens of Washington and the people of the world.


      Senators Jacobsen, Thibaudeau, Patterson, Kline and Kohl-Welles spoke to Senate Resolution 1999-8621.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Jack Spitzer, his wife, Charlotte, and his family, who were seated in the gallery.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Washington State Dairy Federation, including the board and dairy producers visiting the Capital celebrating Dairy Day, who were in the gallery.



MOTION


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



SENATE RESOLUTION 1999-8626


By Senators Hale, Snyder, Deccio, McDonald, Sellar, T. Sheldon, Honeyford, Horn, McCaslin, Swecker, Benton, Sheahan, Zarelli, Oke, Johnson, Hochstatter, Morton, Rasmussen, Loveland, Rossi, Long and Haugen


      WHEREAS, The Columbia and Snake River system, located in the states of Oregon, Washington, and Idaho, is an essential transportation link for United States exports, transporting forty-three percent of all United States wheat exports in 1997; and

      WHEREAS, Producers who ship their products on the Columbia and Snake River system save approximately thirty-eight million dollars per year over land-based transportation, a savings that keeps United States exports competitive on world markets; and

      WHEREAS, The Columbia and Snake River system allows large volumes of freight to be moved with negligible impact on air quality, and replacing this transportation capacity would require use of one hundred-twenty thousand rail cars or seven hundred thousand trucks; and

      WHEREAS, Approximately seventy-five percent of the Pacific Northwest's electricity is provided by Columbia and Snake River system dams, which generate renewable energy without creating any air or water pollution; and

      WHEREAS, Replacing the power currently generated by the dams on the Columbia and Snake Rivers would result in significant increases in costs to consumers and could cause significant harm to the economy of the Pacific Northwest; and

      WHEREAS, The United States Army Corps of Engineers estimates that the flood control provided by the dams on the Columbia and Snake River system prevented four billion six hundred million dollars in damages in 1996 and 1997;

      WHEREAS, Water collected in the Columbia and Snake River system irrigates half the productive farmland in Oregon, Washington, and Idaho;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize that the dams on the Columbia and Snake River system provide tremendous economic and environmental benefits to the state of Washington and the United States; and

      BE IT FURTHER RESOLVED, That the Senate recognize and honor the people whose livelihoods depend on the dams on the Columbia and Snake River system.


      Senators Hale, Deccio and Morton spoke to Senate Resolution 1999-8626.


MOTION


      At 12:20 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, February 18, 1999.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate