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FORTY-SEVENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, February 26, 1999

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

The Sergeant at Arms Color Guard consisting of Pages Jonathan Medley and Andrew Barnett, presented the Colors. Reverend Doug Dornhecker, pastor of the First Christian Church of Olympia, 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 25, 1999

SB 5107 Prime Sponsor, Senator Fairley: Changing Puget Sound action team provisions. Reported by Committee on Environmental Quality and Water Resources

MAJORITY Recommendation: That Substitute Senate Bill No. 5107 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Eide, Vice Chair; McAuliffe and Swecker.

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

Passed to Committee on Rules for second reading.

February 25, 1999

SB 5113 Prime Sponsor, Senator T. Sheldon: Requiring a formal hearing on proposed water company rate increases when requested by affected customers. Reported by Committee on Energy, Technology and Telecommunications

MAJORITY Recommendation: That Substitute Senate Bill No. 5113 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Goings, Vice Chair; Fairley, Hochstatter, Roach and Rossi.

Passed to Committee on Rules for second reading.

February 23, 1999

SB 5233 Prime Sponsor, Senator Patterson: Exempting specified positions within the department of corrections from civil service laws. Reported by Committee on Labor and Workforce Development

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

Passed to Committee on Rules for second reading.

February 25, 1999

SB 5332 Prime Sponsor, Senator Brown: Establishing community voice mail as a component of the Washington telephone assistance program. Reported by Committee on Energy, Technology and Telecommunications

MAJORITY Recommendation: That Substitute Senate Bill No. 5332 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Goings, Vice Chair; Fairley and Fraser.

MINORITY Recommendation: Do not pass substitute. Signed by Senators Hochstatter and Rossi.

Passed to Committee on Rules for second reading.

February 24, 1999

SB 5518 Prime Sponsor, Senator Jacobsen: Establishing a community outdoor athletic fields board and account to provide assistance with the repair, maintenance, or construction of community athletic fields. Reported by Committee on Natural Resources, Parks and Recreation

MAJORITY Recommendation: That Substitute Senate Bill No. 5518 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Snyder, Spanel and Stevens.

Passed to Committee on Rules for second reading.

February 24, 1999

SB 5528 Prime Sponsor, Senator Loveland: Clarifying the phrase "services rendered in respect to constructing" for business and occupation tax purposes. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 5528 be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Honeyford, Kline, Kohl-Welles, Long, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, West, Winsley and Wojahn.

Passed to Committee on Rules for second reading.

February 24, 1999

SB 5608 Prime Sponsor, Senator Snyder: Revising the machinery and equipment tax exemption for manufacturers and processors for hire. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 5608 be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Honeyford, Kline, Kohl-Welles, Long, Rasmussen, Roach, B. Sheldon, Snyder, Thibaudeau, West and Winsley.

Passed to Committee on Rules for second reading.

February 24, 1999

SB 5637 Prime Sponsor, Senator Spanel: Authorizing the reconveyance of forest lands for municipal water supply protection purposes. Reported by Committee on Natural Resources, Parks and Recreation

MAJORITY Recommendation: That Substitute Senate Bill No. 5637 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Snyder, Spanel and Stevens.

Referred to Committee on Ways and Means.

February 24, 1999

SB 5638 Prime Sponsor, Senator Hargrove: Correcting fish and wildlife enforcement code provisions. Reported by Committee on Natural Resources, Parks and Recreation

MAJORITY Recommendation: That Substitute Senate Bill No. 5638 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Snyder, Spanel and Stevens.

Passed to Committee on Rules for second reading.

February 24, 1999

SB 5661 Prime Sponsor, Senator Rasmussen: Providing clarification and administrative simplification for the leasehold excise tax. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 5661 be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Honeyford, Kline, Kohl-Welles, Long, Rasmussen, Roach, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Wojahn.

Passed to Committee on Rules for second reading.

February 25, 1999

SB 5681 Prime Sponsor, Senator Brown: Levying a use tax for the privilege of consuming electricity in the state of Washington. Reported by Committee on Energy, Technology and Telecommunications

MAJORITY Recommendation: That Substitute Senate Bill No. 5681 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Brown, Chair; Goings, Vice Chair; Fairley, Fraser, Hochstatter and Rossi.

Referred to Committee on Ways and Means.

February 24, 1999

SB 5684 Prime Sponsor, Senator Thibaudeau: Simplifying tax reporting by revising the active nonreporting threshold so that it parallels the small business credit. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Honeyford, Kline, Kohl-Welles, Long, Rasmussen, Roach, B. Sheldon, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn.

Passed to Committee on Rules for second reading.

February 25, 1999

SB 5729 Prime Sponsor, Senator Rasmussen: Establishing parameters for solid waste facility locational standards. Reported by Committee on Environmental Quality and Water Resources

MAJORITY Recommendation: That Substitute Senate Bill No. 5729 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Eide, Vice Chair; Jacobsen, Morton and Swecker.

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

Passed to Committee on Rules for second reading.

February 25, 1999

SB 5730 Prime Sponsor, Senator Rasmussen: Changing financial responsibility requirements for operators of solid waste landfills. Reported by Committee on Environmental Quality and Water Resources

MAJORITY Recommendation: That Substitute Senate Bill No. 5730 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Fraser, Chair; Eide, Vice Chair; Jacobsen, McAuliffe and Swecker.

MINORITY Recommendation: Do not pass substitute. Signed by Senators Honeyford and Morton.

Referred to Committee on Ways and Means.

February 25, 1999

SB 5742 Prime Sponsor, Senator Morton: Combating the spread of Eurasian water milfoil. Reported by Committee on Environmental Quality and Water Resources

MAJORITY Recommendation: That Substitute Senate Bill No. 5742 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Fraser, Chair; Eide, Vice Chair; Honeyford, Jacobsen, McAuliffe, Morton and Swecker.

Referred to Committee on Ways and Means.

February 24, 1999

SB 5746 Prime Sponsor, Senator Wojahn: Modifying certain exemption language for new and rehabilitated multiple-unit dwellings in urban centers. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 5746 be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Honeyford, Kline, Kohl-Welles, Long, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn.

Passed to Committee on Rules for second reading.

February 25, 1999

SB 5749 Prime Sponsor, Senator Long: Establishing a team to create state-wide protocols for interviews relating to investigations of allegations of child abuse. Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: That Substitute Senate Bill No. 5749 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 24, 1999

SB 5797 Prime Sponsor, Senator McAuliffe: Improving class size. Reported by Committee on Education

MAJORITY Recommendation: That Substitute Senate Bill No. 5797 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Bauer, Benton, Brown, Finkbeiner, Goings, Hochstatter, Kohl-Welles, Rasmussen, Sellar, Swecker and Zarelli.

Referred to Committee on Ways and Means.

February 23, 1999

SB 5802 Prime Sponsor, Senator Fairley: Regulating telecommunications contractors and installations. Reported by Committee on Labor and Workforce Development

MAJORITY Recommendation: That Substitute Senate Bill No. 5802 be substituted therefor, and the substitute bill do pass. Signed by Senators Fairley, Chair; Franklin, Vice Chair; Kline and Wojahn.

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

Referred to Committee on Ways and Means.

February 25, 1999

SB 5810 Prime Sponsor, Senator Fraser: Allowing for the regulation of flowing wells within city limits. Reported by Committee on Environmental Quality and Water Resources

MAJORITY Recommendation: That Substitute Senate Bill No. 5810 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Eide, Vice Chair; Jacobsen, McAuliffe and Swecker.

MINORITY Recommendation: Do not pass substitute. Signed by Senators Honeyford and Morton.

Passed to Committee on Rules for second reading.

February 24, 1999

SB 5825 Prime Sponsor, Senator McAuliffe: Changing student assessments. Reported by Committee on Education

MAJORITY Recommendation: That Substitute Senate Bill No. 5825 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Bauer, Brown, Goings, Kohl-Welles and Rasmussen.

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

Referred to Committee on Ways and Means.

February 25, 1999

SB 6012 Prime Sponsor, Senator Long: Declaring monthly unit valuations for certain portfolios and funds managed by the state investment board. Reported by Committee on Commerce, Trade, Housing and Financial Institutions.

MAJORITY Recommendation: Refer to Committee on Ways and Means. Signed by Senators Prentice, Chair; Shin, Vice Chair; Benton, Gardner, Hale, Rasmussen, T. Sheldon and Winsley

Referred to Committee on Ways and Means.

MOTION

On motion of Senator Betti Sheldon, Senate Bill No. 5637 and Senator Bill No. 5802 were referred to the Committee on Ways and Means.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

February 25, 1999

GA 9096 PAUL R. CALDERON, appointed September 29, 1998, for a term ending October 1, 2002, as a member of the Small Business Export Finance Assistance Center Board of Directors.

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

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

Passed to Committee on Rules.

February 25, 1999

GA 9191 CLARK CROUCH, appointed January 19, 1999, for a term ending June 30, 2001, as a member of the Housing Finance Commission.

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

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

Passed to Committee on Rules.

INTRODUCTION AND FIRST READING

SB 6053 by Senators Loveland, Morton, Snyder, Hale, Winsley, Oke and Kohl-Welles (by request of Office of Financial Management)

AN ACT Relating to the impact of extraordinary criminal justice expenses on counties and cities; amending RCW 82.14.310, 82.14.320, and 82.14.330; and adding new sections to chapter 82.14 RCW.

Referred to Committee on Ways and Means.

SB 6054 by Senators Prentice and Winsley

AN ACT Relating to allowing approved organizations to share a location for bingo; and amending RCW 9.46.0205.

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

SB 6055 by Senators Heavey, Rossi and Zarelli

AN ACT Relating to adverse possession and prescriptive easements; amending RCW 4.16.020 and 7.28.010; adding a new section to chapter 7.28 RCW; creating new sections; and providing an effective date.

Referred to Committee on Judiciary.

SB 6056 by Senators Shin, Haugen, Costa and Goings

AN ACT Relating to newly licensed drivers under eighteen years of age; and adding a new section to chapter 46.20 RCW.

Referred to Committee on Transportation.

SB 6057 by Senators T. Sheldon, Winsley, Goings, Roach, Franklin, Kline, Eide, Honeyford, Spanel and Rasmussen

AN ACT Relating to creation of the public employees' retirement system, plan 3; amending RCW 41.40.005, 41.40.010, 41.40.054, 41.40.088, 41.45.010, 41.45.010, 41.45.020, 41.45.050, 41.45.050, 41.50.075, 41.50.075, 41.54.030, 41.05.011, 41.05.011, and 43.33A.190; reenacting and amending RCW 41.40.010, 41.40.088, 41.45.020, 41.45.060, 41.45.070, and 41.54.030; adding new sections to chapter 41.40 RCW; adding a new section to chapter 41.45 RCW; adding new chapters to Title 41 RCW; creating a new section; providing an effective date; and providing an expiration date.

Referred to Committee on Ways and Means.

SB 6058 by Senators Loveland, Honeyford, Sellar, Oke, Stevens and Rasmussen (by request of Department of Revenue)

AN ACT Relating to stating the intent of the legislature that the activities of growing or packing agricultural products is not a manufacturing activity; amending RCW 82.04.120; creating new sections; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6059 by Senators Stevens, Johnson and Hochstatter

AN ACT Relating to programs for highly capable students; amending RCW 28A.185.020 and 28A.185.030; and creating a new section.

Referred to Committee on Education.

SB 6060 by Senators Eide, Swecker, T. Sheldon, Goings, Fraser, Finkbeiner and Winsley

AN ACT Relating to sales and use tax exemptions for uncooked pizza; and amending RCW 82.08.0293 and 82.12.0293.

Referred to Committee on Ways and Means.

MOTION

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

SENATE RESOLUTION 1999-8635

By Senators Hale and Rasmussen

WHEREAS, Intel Corporation has conducted a science talent search among high school seniors across the country, and this fifty-eight year old contest is often considered the Junior Nobel Prize of Science competition for United States high school seniors; and

WHEREAS, Students in this competition are judged for their research ability, scientific originality, and creative thinking, and all entries are reviewed and judged by top scientists from a variety of disciplines; and

WHEREAS, The forty finalists were selected from a group of 1,470 applications submitted by 566 high schools from across the country; and

WHEREAS, Constance JoAnne Wang, a senior at Hanford High School in Richland, Washington, has been named as a finalist in the Junior Nobel Prize competition for her research on behavioral changes in crayfish; and

WHEREAS, Constance, who is the daughter of Oliver and Maron Wang, has also demonstrated her interest in the legislative process by serving as a Senate page during the 1997 legislative session; and

WHEREAS, Constance will be attending the Science Talent Institute in Washington, D.C. in March 1999, as the only finalist representing Washington State;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Constance Wang for her hard work and impressive scientific achievement; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Constance Wang.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the honoree, Constance Wang, and her parents, Oliver and Maron Wang, who were seated in the gallery.

MOTION

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

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Shin, Gubernatorial Appointment No. 9032, James A. Medina, as Director of the Office of Minority and Women's Business Enterprises, was confirmed.

APPOINTMENT OF JAMES A. MEDINA

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 5; Absent, 3; Excused, 1. Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 40.

Voting nay: Senators Benton, Hochstatter, Johnson, Rossi and Stevens - 5.

Absent: Senators Roach, Sellar and Zarelli - 3.

Excused: Senator Deccio - 1.

MOTION

On motion of Senator Costa, Gubernatorial Appointment No. 9035, Connie Niva, as a member of the Transportation Commission, was confirmed.

Senators Costa and Thibaudeau spoke to the confirmation of Connie Niva as a member of the Transportation Commission.

MOTION

On motion of Senator Honeyford, Senator Roach was excused.

APPOINTMENT OF CONNIE NIVA

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 33; Nays, 12; Absent, 2; Excused, 2. Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 33.

Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Johnson, McDonald, Morton, Rossi, Sheahan, Stevens, Swecker and West - 12.

Absent: Senators Sellar and Zarelli - 2.

Excused: Senators Deccio and Roach - 2.

President Owen assumed the Chair.

STATEMENT FOR THE JOURNAL

I mistakenly voted 'no' on Senate Bill No. 5355. I had intended to vote 'yes.'

SENATOR JIM HONEYFORD, 15th District

SECOND READING

SENATE BILL NO. 5355, by Senators Thibaudeau, Costa, Kohl-Welles and Prentice (by request of Insurance Commissioner Senn)

Mandating coverage for replacement medicare insurance policies.

The bill was read the second time.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5355 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 Senate Bill No. 5355.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5355 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, 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 and Wojahn - 47.

Voting nay: Senator Honeyford - 1.

Absent: Senator Zarelli - 1.

SENATE BILL NO 5355, 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. 5084, by Senators Hargrove and Long

Modifying the procedure for determining the administrative costs allowed for the community public health and safety networks.

The bill was read the second time.

MOTION

On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5084 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5084.

The Secretary called the roll on the final passage of Senate Bill No. 5084 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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 and Wojahn - 48.

Absent: Senator Zarelli - 1.

SENATE BILL NO. 5084, 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. 5348, by Senators Gardner, Horn and Spanel (by request of Superintendent of Public Instruction Bergeson and Washington State Library Commission)

Reorganizing the state library commission.

MOTIONS

On motion of Senator Patterson, Substitute Senate Bill No. 5348 was substituted for Senate Bill No. 5348 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Gardner, the following amendment was adopted:

On page 2, beginning on line 11, after "from" strike "the executive or legislative branches of Washington state government" and insert "an executive branch agency"

MOTION

On motion of Senator Patterson, the rules were suspended, Engrossed Substitute Senate Bill No. 5348 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 Substitute Senate Bill No. 5348.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5348 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5348, 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.

MOTION

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

SENATE RESOLUTION 1999-8624

By Senators Rasmussen and Honeyford

WHEREAS, Ronald W. Crawford has dedicated more than twenty years as a state vocational program supervisor in the office of the Superintendent of Public Instruction with responsibility for 250 school districts; and

WHEREAS, His administration of federal and state vocational-technical programs in various fields led to a student enrollment from 14,000 to 34,000 in ten years; and

WHEREAS, He developed a new statewide curriculum in Forestry and Horticulture adopted by more than 145 schools; and

WHEREAS, He served on a national task force for the development of a curriculum in Biotechnology and Money Management; and

WHEREAS, He directed a national contest in sales and marketing to teach students the intricacies of management, budgeting, and facility development; and

WHEREAS, He developed a curriculum in golf course management with twenty-five pilot programs in Washington;

NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate acknowledge and honor Ronald W. Crawford, and the important role he has played in promoting vocational and technical training for students in Washington and throughout the United States; and

BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Ronald W. Crawford.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Ronald Crawford, the State Vocational Program Supervisor in the Office of Superintendent of Public Instruction, as well as Rebekah Riches, Tammie Vining, Rachel Willemsen, Jeremy Olson, Becky Wallace and Rosie Jacobs, the Yelm School FFA Officers, who were seated in the gallery.

MOTION

At 10:47 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 11:24 a.m. by President Owen.

MOTION

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

SENATE RESOLUTION 1999-8634

By Senators Costa and Rasmussen

WHEREAS, The Washington State Senate strives to recognize the outstanding achievements and triumphs of young people today; and

WHEREAS, The Boys & Girls Clubs of America works to inspire and enable all young people, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible, and caring citizens; and

WHEREAS, Ms. Liberty Franklin has overcome her own difficult life challenges to be named national “Youth of the Year,” the top honor awarded by the Boys & Girls Clubs of America; and

WHEREAS, This remarkable Everett High School senior maintains an impressive 3.95 grade point average, is a member of the National Honor Society, plays varsity softball, and works several part-time jobs to help her family and save for college; and

WHEREAS, Liberty has received $45,000 in college scholarships in pursuit of her goal to study dentistry at the University of Washington, and;

WHEREAS, Liberty also gives back to her community as a senior center volunteer, church choir member, and coordinator of Teen Talk sessions at her local Boys & Girls Club; and

WHEREAS, She has further distinguished herself since receiving this honor by speaking at conferences across the country, testifying on youth legislation before Congress, and meeting dignitaries at the White House, and will serve as a teen spokeswoman for nearly three million members of the Boys & Girls Clubs nationwide; and

WHEREAS, Liberty’s commitment, confidence, and talents as a communicator make her a stellar role model for our state's youth;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor Liberty Franklin, and acknowledge the great contributions made by Ms. Franklin to her family, to her community, and to the youth of Washington; and

BE IT FURTHER RESOLVED, That we do hereby urge all citizens of the state of Washington to join us in so recognizing Liberty Franklin as a shining example of how community support can help inspire, motivate, and encourage our youth to succeed in life, despite all odds, and that the Secretary of the Senate do hereby immediately transmit copies of this resolution to Ms. Liberty Franklin and to the Boys & Girls Club of America.

Senators Costa, Thibaudeau and Franklin spoke to Senate Resolution 1999-8634.

INTRODUCTION OF SPECIAL GUEST

The President welcomed and introduced Liberty Franklin, the national 'Youth of the Year' for the Boys and Girls Clubs of America, who was seated on the rostrum.

With permission of the Senate, business was suspended to permit Ms. Franklin to address the Senate.

MOTION

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

MOTION

On motion of Senator Honeyford, Senator West was excused.

SECOND READING

SENATE CONCURRENT RESOLUTION NO. 8406, by Senators Snyder, McCaslin, Franklin and Goings

Resolving to determine whether or not the legislature should commence proceedings to remove Judge Grant Anderson from office.

MOTIONS

On motion of Senator Heavey, Substitute Senate Concurrent Resolution No. 8406 was substituted for Senate Concurrent Resolution No. 8406 and the substitute concurrent resolution was placed on second reading and read the second time.

On motion of Senator Heavey, the rules were suspended, Substitute Senate Concurrent Resolution No. 8406 was advanced to third reading, the second reading considered the third and the concurrent resolution 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 Concurrent Resolution No. 8406.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8406 and the concurrent resolution passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, 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, Wojahn and Zarelli - 46.

Voting nay: Senators Fraser and Winsley - 2.

Excused: Senator West - 1.

SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8406, having received the constitutional majority, was declared passed.

MOTION

On motion of Senator Goings, Senator Haugen was excused.

SECOND READING

SENATE BILL NO. 5038, by Senators Goings, Prentice, McCaslin, Winsley and Costa (by request of Criminal Justice Training Commission)

Expanding the membership of the criminal justice training commission.

The bill was read the second time.

MOTION

On motion of Senator Goings, the rules were suspended, Senate Bill No. 5038 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5038.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5038 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, 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, Winsley, Wojahn and Zarelli - 47.

Excused: Senators Haugen and West - 2.

SENATE BILL NO. 5038, 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 Kline: “Mr. President, a point of personal privilege. I would like to note, Mr. President, that our good Senator from Federal Way is coming very close to violating the Presidential Rule on flowers here. You spoke of a jungle the other day. I counted twenty-three of those white roses and it is not coincidental that today is the good Senator's twenty-third wedding anniversary. Since she is married to a defense lawyer, I just want you to know that those are twenty-three years of service, shall we say--of good service and the cause. I thought that maybe this was an opportunity for us to express our appreciation to our new member. Thank you, Mr. President.”

PERSONAL PRIVILEGE

Senator Eide: “A point of personal privilege, Mr. President. I am also one of these people that are short. I want to thank this body and Senator Kline for those kind words. It has been twenty-three glorious years and I am looking forward to twenty-three more glorious years; I am married to a wonderful man. Thank you.”

SECOND READING

SENATE BILL NO. 5175, by Senators Patterson, Horn, Franklin, Eide, B. Sheldon, Finkbeiner, McCaslin, Goings, Oke, Winsley, Kohl-Welles, Fraser, Rasmussen, Costa and Benton (by request of Department of General Administration and Superintendent of Public Instruction Bergeson)

Authorizing the donation of surplus computers and computer-related equipment to school districts and educational service districts.

MOTIONS

On motion of Senator Patterson, Substitute Senate Bill No. 5175 was substituted for Senate Bill No. 5175 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the following amendments by Senators Hargrove and Patterson were considered simultaneously and were adopted:

On page 1, line 9, delete "RCW 42.52.010" and insert "subsection (3) of this section"

On page 1, after line 17, insert:

"(3) "Agency" means any state board, commission, bureau, committee, department, institution, division, or tribunal in the executive or judicial branch of state government, including those institutions of higher education created and supported by the state government, and those courts that are parts of state government."

POINT OF INQUIRY

Senator Zarelli: “Senator Patterson, is it your intention not to preclude those currently who enjoy access to surplus computer equipment, but to allow for donation of the same types of equipment to school districts and ESDs?”

Senator Patterson: “Thank you, Senator Zarelli, that is my intent. The intent of the bill is simply to make it very clear that agencies may donate to any school district--may donate surplus computer equipment.”

Senator Zarelli: “Thank you very much.”

MOTION

On motion of Senator Patterson, the rules were suspended, Engrossed Substitute Senate Bill No. 5175 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 Substitute Senate Bill No. 5175.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5175 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Haugen - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5175, 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. 5153, by Senators Haugen, Goings, Gardner, T. Sheldon, Rasmussen and Patterson (by request of Legislative Transportation Committee)

Modifying provisions concerning the freight mobility strategic investment board.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 5153 was substituted for Senate Bill No. 5153 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 5153 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Franklin, Senator Brown was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5153.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5153 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators Brown and Haugen - 2.

SUBSTITUTE SENATE BILL NO. 5153, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 12:02 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, March 1, 1999.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate