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SEVENTY-FIFTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, March 26, 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 except Senators Brown, Deccio, Finkbeiner, Hargrove, Long, McDonald, Prentice, Swecker, West and Wojahn. On motion of Senator Honeyford, Senators Deccio, Finkbeiner, Long, McDonald, Swecker and West were excused. On motion of Senator Franklin, Senators Brown, Hargrove, Prentice and Wojahn were excused.

      The Sergeant at Arms Color Guard consisting of Pages Katie Ceccarelli and Brynn Smith, presented the Colors. Reverend Greg Howell, pastor of the Community Grace Brethren Church of Goldendale, and a guest of Senator Jim Honeyford, 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

March 25, 1999

SHB 1251          Prime Sponsor, House Committee on State Government: Eliminating and consolidating boards, commissions, and programs. Reported by Committee on State and Local Government

 

MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Haugen, Horn, Kline and McCaslin.


      Passed to Committee on Rules for second reading.


March 25, 1999

SHB 1701          Prime Sponsor, House Committee on Natural Resources: Allowing for the use of funds to dredge marine recreation land. Reported by Committee on Natural Resources, Parks and Recreation


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


      Passed to Committee on Rules for second reading.


March 25, 1999

SHB 1755          Prime Sponsor, House Committee on Natural Resources: Creating the fish and wildlife equipment fund. Reported by Committee on Natural Resources, Parks and Recreation


      MAJORITY Recommendation: Do pass and refer to Committee on Ways and Means. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Spanel and Stevens.


      Referred to Committee on Ways and Means.


March 25, 1999

SHB 1951          Prime Sponsor, House Committee on Judiciary: Protecting remains in abandoned cemeteries. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Haugen, Horn and Kline.


      Passed to Committee on Rules for second reading.


March 25, 1999

ESHB 2107        Prime Sponsor, House Committee on Natural Resources: Limiting fishing of shrimp. Reported by Committee on Natural Resources, Parks and Recreation


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


      Passed to Committee on Rules for second reading.


March 25, 1999

HJM 4008          Prime Sponsor, Representative Regala: Requesting support for the full federal appropriation to fund state aquatic nuisance species management plans. 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, Spanel and Stevens.


      Passed to Committee on Rules for second reading.


REPORT OF STANDING COMMITTEE

GUBERNATORIAL APPOINTMENT


MOTION

March 25, 1999

GA 9209            MARY C. SELECKY, appointed March 25, 1999, for a term ending at the pleasure of the Governor, as Secretary of the Department of Health.

                           Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: That said appointment be confirmed: Signed by Senators Thibaudeau, Chair; Wojahn, Vice Chair; Costa, Deccio, Franklin, Johnson and Winsley.


      Passed to Committee on Rules.


MESSAGE FROM THE HOUSE

March 24, 1999

MR. PRESIDENT:

      The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4408, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk


INTRODUCTION AND FIRST READING OF HOUSE BILL

 

HCR 4408          by Representatives Lisk and Kessler

 

Adopting joint rules.


MOTION


      On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4408 was advanced to second reading and placed on the second reading calendar.


MOTION


      On motion of Senator Kohl-Welles, the following resolution was adopted:


SENATE RESOLUTION 1999-8636


By Senators Kohl-Welles, Spanel, Thibaudeau, Fairley, Jacobsen, Horn, Heavey, Prentice, Snyder, Goings, McAuliffe, Morton, Kline, Hargrove, Shin, Sellar, Haugen, Stevens, Oke, Finkbeiner, Winsley, Wojahn, B. Sheldon, Sheahan, Rasmussen, Bauer, Eide, Brown, T. Sheldon, Zarelli, Roach and Fraser


      WHEREAS, Professional transit drivers serve selflessly to help citizens throughout the state of Washington to function in their daily lives; and

      WHEREAS, The brave men and women who perform these duties willingly accept the potential dangers inherent in their job; and

      WHEREAS, These same transit drivers fulfill their jobs, appointments, and other responsibilities thereby promoting the common good; and

      WHEREAS, Many transit drivers have been assaulted, both physically and verbally, while courageously discharging the difficult duties of their profession; and

      WHEREAS, On November 27th, Bus #2181 was on its regular route and was beginning to cross the Aurora Bridge, when a passenger on the bus approached the bus driver and shot him several times; and

      WHEREAS, Bus Driver Mark McLaughlin died as the bus careened off the Aurora Bridge; and

      WHEREAS, Mark McLaughlin unselfishly gave his life during the performance of his duty to the community and its citizens;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor Mark McLaughlin for his dedicated service, as well as the other men and women who selflessly fulfill their obligation to the communities they serve, by continuing to perform their transit duties in the face of potential danger; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the family of transit driver Mark McLaughlin.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of Mark McLaughlin's family and members of the Amalgamated Transit Union Legislative Council from King, Jefferson, Pierce, Clark, Kitsap, Lewis, Grays Harbor and Mason Counties, who were seated in the gallery.



MOTION


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


SENATE RESOLUTION 1999-8647


By Senator Franklin, Roach, Fairley and Rasmussen


      WHEREAS, Our society has so lowered its expectations of our children that simply not becoming a criminal is now viewed as an accomplishment worthy of praise; and

      WHEREAS, One of the main factors fostering those severely lowered expectations is the language we use to describe and ultimately label children who do not have the benefit of wealth; and

      WHEREAS, The term “at-risk children” is used with the best intentions by policymakers and others who care about children, but actually has the effect of lowering children’s self-esteem and expectations of themselves and their hopes for the future; and

      WHEREAS, By changing our terminology, we and the children we seek to help can change the way we perceive the possibilities that are available to all children with the proper support and encouragement; and

      WHEREAS, The Boys and Girls Clubs of Pierce County, led by Executive Director Gary Yazwa, and other community leaders have joined together to lead the way in rejecting the negative label of “at-risk children” in favor of the positive and universally applicable distinction of “Kids at Hope”; and

      WHEREAS, This new terminology indicates that we as a society believe that every child brings to the world a unique set of talents and potential, and that the key to success is recognizing and building upon one’s talents; and

      WHEREAS, The “Kids at Hope” effort now includes a supplementary report card for students at Tacoma’s thirty-six elementary schools, which goes beyond academic performance to recognize students’ other positive qualities; and

      WHEREAS, Through the “Kids at Hope” program, the Boys and Girls Clubs of Pierce County and Tacoma schools are building up a new generation of positive, hopeful young people who set high standards and expectations for themselves;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the “Kids at Hope” program, and the tremendous contributions being made to our state by the Boys and Girls Clubs of Pierce County, led by Executive Director Gary Yazwa; and

      BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately by the Secretary of the Senate to the Boys and Girls Clubs of Pierce County and to the Tacoma Public School District.


      Senators Franklin, Rasmussen and Thibaudeau spoke to Senate Resolution 1999-8647.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced representatives of the Pierce County Boys and Girls Clubs, as well as the Executive Director Gary Yazwa and Dr. Jim Shoemache, Superintendent of the Tacoma Public Schools, who were seated in the gallery.


MOTION


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


      On motion of Senator Betti Sheldon, the following bills which were on the second reading calendar were referred to the Committee on Rules:

SECOND READING

 

                                                                      SB 5025                                 Ethics in public service

 

                                                                      SB 5035   f                             Court funding & improvements

 

                                                                      SB 5092                                 Deadly weapon display

 

                                                                      SB 5104   f                             Steelhead catch & release

 

                                                                      SB 5107   f                             Puget Sound action team

 

                                                                      SB 5136   f                             Domestic violence/unemplymnt

 

                                                                      SB 5158                                 Criminal street gangs

 

                                                                      SB 5271                                 OFM reports to legislature

 

                                                                      SB 5289  $f                            Water resource management

 

                                                                      SB 5293   f                             Family leave

 

                                                                      SB 5297   f                             School levy authorization

 

                                                                      SB 5302   f                             Antiharassment jurisdiction 

 

                                                                      SB 5351   f                             Indecent exposure

 

                                                                      SB 5360                                 Fuel tax rate & distribution

 

                                                                      SB 5367                                 Worker fall protection

 

                                                                      SB 5377   f                             Occupational drivers' licens

 

                                                                      SB 5393   f                             Personal watercraft operatn

 

                                                                      SB 5408   f                             Medal of valor

 

                                                                      SB 5412                                 Educator technology training

 

                                                                      SB 5444   f                             Land use cases/attorney fees

 

                                                                      SB 5467                                 Medical care tax levies

 

                                                                      SB 5489   f                             Vehicle wash services/tax

 

                                                                      SB 5520   f                             Juv offender sentencing

 

                                                                      SB 5569   f                             Strike or lockout/unemplymnt

 

                                                                      SB 5572                                  HOV lane violations

 

                                                                      SB 5581   f                             Workers' comp claim reopenin

 

                                                                      SB 5588                                 Health carrier advertising

 

                                                                      SB 5680   f                             Railroad rights-of-way use

 

                                                                      SB 5832   f                             Building code council fee

 

                                                                      SB 5913                                  School district employment

 

                                                                      SB 6051                                 Vehicle registration payment

 

                                                                      SB 6056   f                             New drivers under 18


                                                                      SJM 8011                              Unilateral trade sanctions



SECOND READING-CONSENT CALENDAR

 

                                                                      SB 5031   f                             TRS plan 3 investment gains

 

                                                                      SB 5257   f                             Investment brd record checks

 

                                                                      SB 5259                                 Investment board/trust funds

 

                                                                      SB 5466   f                             Juv offender basic training

 

                                                                      SB 5475                                 General administratn directr

 

                                                                      SB 5540   f                             Hospital licensing informatn

 

                                                                      SB 5574                                 Fire death reports

 

                                                                      SB 5888                                 Historic cemeteries




      EDITOR'S NOTE: Senate Bill No. 5693, Senate Concurrent Resolution No. 8402 and House Concurrent Resolution No. 4408 remain on the second reading calendar.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Fairley, Gubernatorial Appointment No. 9110, Judge Thomas E. Egan, as Chair of the Board of Industrial Insurance Appeals, was confirmed.


APPOINTMENT OF JUDGE THOMAS E. EGAN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 2; Absent, 0; Excused, 10.

     Voting yea: Senators Bauer, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau and Winsley - 37.

     Voting nay: Senators Benton and Zarelli - 2.

     Excused: Senators Brown, Deccio, Finkbeiner, Hargrove, Long, McDonald, Prentice, Swecker, West and Wojahn - 10.

 

MOTION

 

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

 

      On motion of Senator Betti Sheldon, the following bill on the third reading calendar was returned to the Committee on Rules: 

THIRD READING

 

                                                                      SJR 8204                 f                             School levy authorization

 

MOTION

 

      At 10:31 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 11:56 a.m. by President Owen.

 

MOTION

 

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

 

SECOND READING

 

      HOUSE CONCURRENT RESOLUTION NO. 4408 by Representatives Lisk and Kessler

 

      Adopting joint rules.

 

      The concurrent resolution was read the second time.

 

MOTION

 

      On motion of Senator Snyder, the rules were suspended, House Concurrent Resolution No. 4408 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 adoption of House Concurrent Resolution No. 4408.

      HOUSE CONCURRENT RESOLUTION NO. 4408 was adopted by voice vote.

 

MOTION

 

      On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.

 

MOTION

 

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

 

SENATE RESOLUTION 1999-8658

 

By Senators Kline, Franklin, Snyder, Heavey, Thibaudeau, Fraser, Kohl-Welles and Rasmussen

 

      WHEREAS, Lacy Steele has been married to Dorothy Steele for forty-six years. They have one daughter, Mrs. Marché Steele-Heath, and a grandson, Joshua David Heath. Mr. and Mrs. Steele have lived in the Seattle area for forty years, thirty-three of which have been in the city of Bellevue; and

      WHEREAS, Mr. Steele moved to the Seattle area in 1959, from Detroit, Michigan, after being recruited by the Boeing Company. Mr. Steele worked at Boeing for thirty-eight years until retiring in 1997. Mr. Steele, working his way up the corporate ladder at Boeing, became the first African-American manager in the Defense & Space Group, Quality Assurance Organization; and

      WHEREAS, Since moving to Washington in 1959, he has been volunteering his time, money, and expertise to help others. His volunteer activities, in the Seattle area and throughout the nation, have benefited and enhanced the lives of many; and

      WHEREAS, Mr. Steele served as president of the Seattle branch of the NAACP for twenty-six years. During his tenure as president, he served as chairman on numerous committees and also met with officials from the state, county, and city to develop programs and laws to rid the African-American community of gang violence and drugs and to find ways to curtail the activities of various hate groups. Currently, Mr. Steele serves on the NAACP National Board of Directors; and

      WHEREAS, Mr. Steele spends approximately thirty hours a week in the NAACP office responding to the needs of people seeking assistance in employment and housing discrimination, helping homeless individuals find shelter and aid, and addressing numerous civil rights issues; and

      WHEREAS, The Seattle branch of the NAACP, under Mr. Steele's leadership, headed the first march and demonstration declaring war on drugs and prostitution in the Seattle area. He also worked with the late Sam Smith to organize the Black Prisoner's Coalition, which was designed to aid and assist prisoners while they were in prison and after their release, and to ensure that prisoners were treated fairly and provided with some form of training or schooling; and

      WHEREAS, As president of the Seattle branch of the NAACP, Mr. Steele coordinated and headed voter registration drives and has personally registered over two thousand two hundred voters in the state of Washington. Mr. Steele likes to use the acronym "R.E.P." - Registration, education, and participation to describe his voter registration drives; and

      WHEREAS, Mr. Steele serves as a speaker and seminar presenter locally and nationally, appearing in schools, colleges, and universities to address the perils of drugs, substance abuse, and the importance of obtaining an education; and

      WHEREAS, Mr. Steele is a permanent volunteer at the Central Area Motivation Program Christmas Party which provides refreshments, gifts, and entertainment to over two thousand low-income children in the community; and

      WHEREAS, Over the years, Mr. Steele has aided and assisted many young people in securing scholarship aid to institutions of higher learning; and

      WHEREAS, Mr. Steele is retiring from the NAACP;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and honor Mr. Lacy Steele for his numerous professional achievements, the significant contributions he has made to our state and our country, and the many lives he has impacted through the years while championing his numerous social causes; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Mr. and Mrs. Steele.

 

      Senators Kline and Franklin spoke to Senate Resolution 1999-8658.

 

MOTION

 

      At 12:02 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, March 29, 1999.

 

BRAD OWEN, President of the Senate

 

TONY M. COOK, Secretary of the Senate