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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