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EIGHTIETH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, March 31, 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, Gardner, Goings, Hargrove, Horn, Kohl-Welles, McDonald, Morton, Prentice, Stevens and Thibaudeau. On motion of Senator Franklin, Senators Brown, Gardner, Goings, Kohl-Welles, Prentice and Thibaudeau were excused. On motion of Senator Honeyford, Senators Deccio, Horn, Morton and Stevens were excused.
The Sergeant at Arms Color Guard consisting of Pages Adriene Cramer and Nicole Kathleen Oke, presented the Colors. Senator Adam Kline 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 30, 1999
SHB 1163 Prime Sponsor, House Committee on Agriculture and Ecology: Providing for the safe decontamination or destruction of residential property used for illegal drug manufacturing or storage. Reported by Committee on Environmental Quality and Water Resources
MAJORITY Recommendation: Do pass as amended. Signed by Senators Fraser, Chair; Eide, Vice Chair; Honeyford, Jacobsen, McAuliffe, Morton and Swecker.
Passed to Committee on Rules for second reading.
March 30, 1999
HB 1377 Prime Sponsor, Representative O'Brien: Revising sanctions for violating conditions of the juvenile offender basic training camp program. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: 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.
March 30, 1999
EHB 1749 Prime Sponsor, Representative Dickerson: Revising eligibility requirements for deferred disposition. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: 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.
March 30, 1999
HJM 4012 Prime Sponsor, Representative Regala: Requesting Congress to pass legislation to restore and revitalize federal funding for the land and water conservation fund. Reported by Committee on Environmental Quality and Water Resources
MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Eide, Vice Chair; Jacobsen, McAuliffe, Morton and Swecker.
Passed to Committee on Rules for second reading.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Franklin, Gubernatorial Appointment No. 9148, Ani Clipper Maxfield, as a member of the Western State Hospital Advisory Board, was confirmed.
APPOINTMENT OF ANI CLIPPER MAXFIELD
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 2; Excused, 10.
Voting yea: Senators Bauer, Benton, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley, Wojahn and Zarelli - 37.
Absent: Senators Hargrove and McDonald - 2.
Excused: Senators Brown, Deccio, Gardner, Goings, Horn, Kohl-Welles, Morton, Prentice, Stevens and Thibaudeau - 10.
MOTION
On motion of Senator Honeyford, Senator Long was excused.
MOTION
On motion of Senator Eide, Gubernatorial Appointment No. 9130, Robert V. Jensen, as a member of the Pollution Control/Shorelines Hearings Board, was confirmed.
APPOINTMENT OF ROBERT V. JENSEN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 2; Absent, 1; Excused, 9.
Voting yea: Senators Bauer, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Wojahn - 37.
Voting nay: Senators Benton and Zarelli - 2.
Absent: Senator Winsley - 1.
Excused: Senators Brown, Deccio, Gardner, Goings, Horn, Kohl-Welles, Long, Prentice and Thibaudeau - 9.
MOTION
On motion of Senator Eide, Senator Tim Sheldon was excused.
MOTION
On motion of Senator Fairley, Gubernatorial Appointment No. 9041, Marilyn Glenn Sayan, as a member of the Public Employment Relations Commission, was confirmed.
APPOINTMENT OF MARILYN GLENN SAYAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 1; Absent, 2; Excused, 10.
Voting yea: Senators Bauer, Costa, Eide, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Wojahn - 36.
Voting nay: Senator Benton - 1.
Absent: Senators Fraser and Zarelli - 2.
Excused: Senators Brown, Deccio, Gardner, Goings, Horn, Kohl-Welles, Long, Prentice, Sheldon, T. and Thibaudeau - 10.
MOTION
On motion of Senator Honeyford, Senator Oke was excused.
MOTION
On motion of Senator Fairley, Gubernatorial Appointment No. 9042, Judy Schurke, as a member of the Board of Industrial Insurance Appeals, was confirmed.
APPOINTMENT OF JUDY SCHURKE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Bauer, Benton, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 42.
Excused: Senators Brown, Deccio, Goings, Long, Oke, Prentice and Thibaudeau - 7.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Pfizer Company employees seated in the gallery, who were celebrating Pfizer's 150th Year in Business.
PERSONAL PRIVILEGE
Senator West: “With the leave of the body, I would like to take a moment of personal privilege. Mr. President, the Pfizer folks that are with us today aren't necessarily from the Sixth District, they are actually from throughout the state of Washington. Many of them are from other Senator's areas, as well.
“I would like to point out a little bit about the Pfizer Company and some of their contributions to the state of Washington. They were founded one hundred and fifty years ago in 1849 by two German immigrant cousins in the United States. They worked closely with the University of Washington and Washington State University providing grants for research and the development of medicine for both human use and animal use. Since 1994, Pfizer has had a program in Washington State called 'Share the Care,' where they have provided over 70,000 prescriptions for Washingtonians in need. Just last year alone, they provided over two million dollars in free pharmaceutics to Washingtonians. Pfizer is the company who, in 1941, discovered a process to mass produce penicillin and that pretty much revolutionized medicine and made medical history.
“This year, in fact, the Pfizer Company was recognized by Forbes Magazine as the Company of the Year. It is with great honor that the state of Washington has a corporate citizen like Pfizer Corporation and their employees who do this for us. Thank you very much, Mr. President, for this opportunity to share with you some facts on this great company.”
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 11:38 a.m. by President Owen.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8402, by Senators Franklin, Winsley, Fairley, Wojahn, Thibaudeau, Rasmussen, Jacobsen, Shin, Kohl-Welles, Spanel, Fraser, Gardner, Snyder, Kline, B. Sheldon, Prentice, Goings, Patterson, Loveland, Costa and McAuliffe
Recommending establishment of an interagency task force to conduct a study of contingent work force issues.
MOTION
Senator Fairley moved that Senate Concurrent Resolution No. 8402 not be substituted.
The President declared the question before the Senate to be the motion by Senator Fairley to not substitute Senate Concurrent Resolution No. 8402.
The motion by Senator Fairley carried and Senate Concurrent Resolution No. 8402 was not substituted.
The concurrent resolution was read the second time.
MOTION
Senator Franklin moved that the following striking amendment by Senators Franklin, Costa, Hochstatter, Fairley, Kline and Wojahn be adopted:
Strike everything beginning with "WHEREAS" on page 1, line 1, through "July 1, 2000." on page 3, line 12, and insert the following:
"WHEREAS, Over the past fifteen years, the national and state economy has witnessed growth in the "contingent work force"; and
WHEREAS, The contingent work force consists of short-term temporary workers, long-term temporary workers, part-time workers, on-call workers, leased workers, day laborers, the self-employed, independent contract workers, and other workers who have alternative work arrangements; and
WHEREAS, Although reports suggest that the growth in the contingent work force has provided challenges for workers and employers, there has been no comprehensive study of Washington's contingent work force to learn the impact that this phenomenon has had on individuals and families, local economies, and the state economy;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That a study of the contingent work force be conducted to review and make recommendations on the following issues with respect to Washington's contingent work force:
How many workers, in both the private and public sector, are part of the contingent work force;
How many workers choose to be part of the contingent work force and how many feel they have no choice;
How long do workers remain part of the contingent work force;
What has been the growth rate of the contingent work force;
What is the demographic breakdown of the contingent work force;
What is the wage and benefit profile of the contingent work force;
What is the industrial and geographical breakdown of the contingent work force;
What are the explanations for the growth of the contingent work force;
What impact has the growth of the contingent work force had on employees and their families, the state's local economies, and the state economy;
What impact have the policies of the insurance industry had on the availability of employee benefits to the contingent work force;
Which state and federal laws, if any, provide for a different level of employee benefits based on the number of hours per week a person works or on the permanence of his or her employment;
To what extent are employer provided/contract benefits based on the number of hours per week a person works or on the permanence of his or her employment;
How has the growth of the contingent work force impacted social services;
What legislative proposals, at either the federal or state level, are being offered to address challenges created by the growth of the contingent work force;
To what extent can state wage and hour laws be updated to clarify employment and recordkeeping requirements for contingent workers and their employers; and
Other issues identified by the contingent work force task force; and
BE IT FURTHER RESOLVED, That the study be conducted by a contingent work force task force consisting of eight voting members: one member from each caucus of the Senate, each member being a member of the Senate labor and workforce development committee, appointed by the President of the Senate; one member from each caucus of the House of Representatives, each member being a member of the House of Representatives commerce and labor committee, appointed by the Co-Speakers of the House of Representatives; two members representing labor, appointed jointly by the President of the Senate and the Co-Speakers of the House of Representatives, from a list of names recommended by a state-wide organization representing a cross section and majority of organized labor in the state; and two members representing business, appointed jointly by the President of the Senate and the Co-Speakers of the House of Representatives, from a list of names recommended by a state-wide organization of employers representing a majority of employers of the state. The department of labor and industries shall be the lead agency; and
BE IT FURTHER RESOLVED, That the task force shall consult with and be advised by an advisory committee consisting of six nonvoting members: two representatives of the department of labor and industries, including staff from the employment standards program and from the safety and health assessment and research for prevention program (SHARP); one representative of the employment security department; one representative of the work force training and education coordinating board; one representative of the department of social and health services; and one representative of the office of financial management; and
BE IT FURTHER RESOLVED, That Senate committee services and the House office of program research, as directed, shall provide support to the contingent work force task force; and
BE IT FURTHER RESOLVED, That the findings and recommendations of the contingent work force task force study shall be reported to the labor and workforce development committee of the Senate and the commerce and labor committee of the House of Representatives by December 1, 1999; and
BE IT FURTHER RESOLVED, That the contingent work force task force expires July 1, 2000."
MOTION
Senator West moved that the following amendment to the striking amendment by Senators Franklin, Costa, Hochstatter, Fairley, Kline and Wojahn be adopted:
On page 3, line 9 of the amendment, after "management" insert ", PROVIDED, That costs to conduct the study shall not be charged to the medical aid fund or the accident fund"
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator West on page 3, line 9, to the striking amendment to Senate Concurrent Resolution No. 8402.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 22; Nays, 24; Absent, 2; Excused, 1.
Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 22.
Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, Patterson, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 24.
Absent: Senators McAuliffe and McCaslin - 2.
Excused: Senator Prentice - 1.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Franklin, Costa, Hochstatter, Fairley, Kline and Wojahn to Senate Concurrent Resolution No. 8402.
The motion by Senator Franklin carried and the striking amendment was adopted.
MOTION
On motion of Senator Franklin, the rules were suspended, Engrossed Senate Concurrent Resolution No. 8402 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Goings, Senator McAuliffe was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Concurrent Resolution No. 8402.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Concurrent Resolution No. 8402 and the concurrent resolution passed the Senate by the following vote: Yeas, 29; Nays, 17; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, Oke, Patterson, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 29.
Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Rossi, Sellar, Sheahan, Stevens, Swecker, West and Zarelli - 17.
Absent: Senator McCaslin - 1.
Excused: Senators McAuliffe and Prentice - 2.
ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8402, having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Goings, the following resolution was adopted:
SENATE RESOLUTION 1999-8629
By Senators Goings, Winsley, Franklin, Roach, Rasmussen, Eide, Swecker, Oke, Wojahn and B. Sheldon
WHEREAS, The annual Puyallup Valley Daffodil Festival is a cherished tradition for the people of Pierce County and the Northwest; and
WHEREAS, 1999 marks the sixty-sixth annual Daffodil Festival; and
WHEREAS, The Festival began in 1926 as a simple garden party in Sumner, and grew steadily each year until 1934 when flowers, which previously had been largely discarded in favor of bulbs, were used to decorate cars and bicycles for a short parade through Tacoma; and
WHEREAS, The Festival’s 1999 events are ongoing, and will culminate in the April 17th Grand Floral Street Parade, winding its way from downtown Tacoma to the communities of Puyallup, Sumner, and Orting; and
WHEREAS, This year’s Festival royalty includes princesses Hannah Benton, Eatonville High School; Rochelle Bolvin, Rogers High School; Kamaleah Brown, Washington High School; Nadine Coury, Stadium High School; Maylynn Eleno, Lakes High School; Semmelle Ford, Wilson High School; Nikki Grajeda, Franklin Pierce High School; Sarah Jones, Fife High School; Jeana Little, Sumner High School; Lori Maddox, Bethel High School; Jennifer Matteson, Mt. Tahoma High School; Amanda Maus, Clover Park High School; Tina Park, Spanaway Lake High School; Sarah Pitsch, Foss High School; Bunnary Por, Lincoln High School; Sarah Sheridan, Curtis High School; Meighan Steele, Orting High School; Nickole White Eagle, Chief Leschi High School; and Alison Yurovchak, Puyallup High School;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the many contributions made to our state by the Puyallup Valley Daffodil Festival and its organizers for the past sixty-six years; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately by the Secretary of the Senate to the 1999 Puyallup Valley Daffodil Festival Officers and to the members of the Festival Royalty.
Senators Goings, Rasmussen and Sellar spoke to Senate Resolution 1999-8629.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the 1999 Puyallup Valley Daffodil Festival Princesses, who were seated in the gallery.
The President welcomed and introduced Daffodil Queen Jeana Little, who was seated on the rostrum.
There being no objection, business was suspended to permit Queen Jeana to address the Senate.
MOTION
On motion of Senator Honeyford, the following resolution was adopted:
SENATE RESOLUTION 1999-8652
By Senators Honeyford and B. Sheldon
WHEREAS, Sixty electors from the community of Prosser appeared before the Yakima County Commission on January 20, 1899, requesting a petition to hold an election for incorporation; and
WHEREAS, The community of Prosser had three hundred forty-one inhabitants in the area when an election was held on February 14, 1899, and the final vote was forty to eighteen in favor of incorporation; and
WHEREAS, The Washington State Legislature approved the incorporation of Prosser as a Fourth Class City on March 2, 1899; and
WHEREAS, Prosser, in 1970, became a nonchartered code city and has remained that to this day; and
WHEREAS, Prosser High School has produced several state championship teams, including the 1969, 1992, and 1993 football squads, the 1967 boys' basketball team, the 1988 and 1989 girls' track squads, the 1989 girls' basketball team, and wrestlers Andy Soliman and Matt Elis in 1999; and
WHEREAS, Prosser Mayor Herb Schmidt has involved community members in determining the type of centennial celebration for the city; and
WHEREAS, The organizational committee has endeavored to schedule events throughout the year to celebrate Prosser's centennial; and
WHEREAS, Prosser is celebrating its centennial celebration through January 2000, beginning with a March 13th dedication of the pathway connecting Prosser to Grandview; and
WHEREAS, An oral history of Prosser will be featured on KZXR-FM, and articles about Prosser's history will be featured in the Prosser Record-Bulletin in April and May; and
WHEREAS, Other centennial events include a quilt show in April, an old-time fiddle contest on May 7th and 8th, a Prosser High School reunion in June which retired teachers and principals would be invited to attend, an old-fashioned Fourth of July celebration, the Prosser Wine and Food Fair on August 14th, a hot air balloon rally and harvest festival September 24th through 26th, and a New Year's dance at the Princess Theatre;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the city of Prosser, its residents and its former residents, as Prosser enjoys its centennial celebration throughout 1999 and January 2000.
Senators Honeyford and Betti Sheldon spoke to Senate Resolution 1999-8652.
MOTION
At 12:16 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, April 1, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate