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ONE HUNDRED-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Saturday, April 24, 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, Costa, Finkbeiner, Hargrove, Sellar and Wojahn. On motion of Senator Eide, Senators Brown, Costa, Hargrove and Wojahn were excused.

      The Sergeant at Arms Color Guard consisting of Pages Andrew McKay and Dale McKinnon, 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.

MESSAGE FROM THE GOVERNOR

April 23, 1999

To the Honorable, the Senate

  and House of Representatives

  of the State of Washington

Ladies and Gentlemen:

      In compliance with the provision of Section 11 of Article III of the Constitution of the State of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 1998 Regular Session of the 55th Legislature, copy of which is attached.

Respectfully submitted,

EVERETT H. BILLINGSLEA, General Counsel

CONDITIONAL PARDON

OF

BRIAN CADE SPERRY

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

      WHEREAS, on April 20, 1995, Brian Cade Sperry was in class at Chimicum High School near the end of his senior year. An adolescent altercation began during a class, when a female student took a coin belonging to Mr. Sperry. He took her book bag and exchanged it for his coin, the she smeared hair gel on his upper thigh near his genitals and sprayed him with hair spray. After class, the female student threw a bag of ice and hit Mr. Sperry on the back of the head. He chased her into the parking lot and pushed her down. There is conflicting evidence whether Mr. Sperry kicked her while she was on the ground. Mr. Sperry then returned to the school and opened his locker. A crowd gathered, and a male student tried to make Mr. Sperry apologize to the girl. While trying to force the apology, the other male student held Mr. Sperry from behind and pinned Mr. Sperry's arms down. A large, noisy crowd of students gathered around the boys, taunting Mr. Sperry as a struggle ensued. During the fight Mr. Sperry was able to reach into his locker and take a club he had made in shop class. The club appeared to have been carved from a 2x4 piece of lumber, and had finish nails partially driven into one end to make it "look cool." Mr. Sperry was able to swing the club several times and hit the other male student. The fight ended, and the female student whom Mr. Sperry had pushed down and male student who had been hit with the club were taken to the local hospital emergency room to be checked. No serious injuries were found; and

      WHEREAS, Mr. Sperry argued at trial that he had feared for his safety and acted in self-defense. Nonetheless, he was convicted in Jefferson County Superior Court of misdemeanor fourth degree assault for the altercation with the female student, and felony second degree assault for the fight with the other male student. Mr. Sperry was sentenced to a total of fifteen months in prison, three of which were for the second degree assault, and twelve of which were a mandatory enhancement because the club was considered to be a deadly weapon; and

      WHEREAS, it has been established that Mr. Sperry endured several years of intense harassment and bullying by fellow students that culminated on the day of the altercation; and

      WHEREAS, the community of Jefferson County has expressed shock at the outcome of this case for several reasons: the altercation was incited by the victims; and, it appears to be generally thought that a matter such as this should have been dealt with at school. A petition seeking clemency for Mr. Sperry bearing almost 3,000 signatures of people from Jefferson County has been filed with the Office of the Governor; and

      WHEREAS, Mr. Sperry appealed his conviction, and while the appeal was pending, the court saw fit to allow him to attend technical school in Arizona, where he studied refrigeration. Mr. Sperry then returned to Washington and began work at a company in Seattle, and is expected to have employment available to him upon his release from prison; and

      WHEREAS, Mr. Sperry has accepted responsibility for his crime and has acknowledged that he should not have allowed himself to be goaded into striking out. He has successfully completed anger management classes in prison. Mr. Sperry does not have a history of, or predisposition toward, violence or criminal activity. In making its unanimous recommendation to me that clemency be granted, the Clemency and Pardons Board considered the extraordinary circumstances of the crime, and the inequity of the ultimate outcome, given the acts of the victims and other students that lead up to Mr. Sperry's crimes; and

      WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances of the crime I have determined that the best interests of justice will be served by this action;

      NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Brian Cade Sperry this Conditional Pardon, commute his sentence to the amount of time already served, and direct the Department of Corrections to promptly release him from prison, SUBJECT TO THE FOLLOWING CONDITIONS:

1.   Mr. Sperry shall not receive, possess, own, ship or transport firearms. This Conditional Pardon does not restore, and shall not under any circumstances be construed to restore, any civil rights related to firearms, and shall not remove any disability related to firearms under any state or federal law.

2.   Mr. Sperry shall not be convicted of any crimes against persons or property.

3.   After release from prison, Mr. Sperry shall successfully complete six months of community supervision, but shall be relieved of all other requirements of his Judgment and Sentence.

      The conditions of this Conditional Pardon shall remain in force indefinitely. Upon breach of any of the foregoing conditions, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

                                      IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal

(SEAL)                         of the State of Washington to be affixed at Olympia on this ninth day of

                                      April, A.D., nineteen hundred ninety-eight.

GARY LOCKE

Governor of Washington

BY THE GOVERNOR:

TRACY A. RADWAN,

Deputy, Secretary of State

FULL AND UNCONDITIONAL PARDON

OF

JOSE PATRICIO BELTRAN-VASQUEZ

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

      WHEREAS, Jose Patricio Beltran-Vasquez is a citizen of Mexico, and a lawful permanent resident of the United States, having lived and worked in the United States since 1985. Mr. Beltran-Vasquez has been employed by Sterino Farms in Fife, Washington for approximately 12 years. During that time, he has become a key employee at Sterino Farms, responsible for hiring and supervision of all field labor, equipment, tools and the farm's road-side stand. Mr. Beltran-Vasquez has established deep roots in the community, is married to the daughter of Jack Sterino, the owner of Sterino Farms, and the couple has a toddler-age son; and

      WHEREAS during 1994, an acquaintance called Mr. Beltran-Vasquez several times asking him to assist as a translator in drug transactions. After refusing several times, he eventually agreed to assist in one transaction on March 2, 1994. The acquaintance was working as a police informant in exchange for favorable treatment in her own legal problems, and the buyer was an under-cover police officer. At the conclusion of the transaction, Mr. Beltran-Vasquez was immediately arrested. Mr. Beltran-Vasquez did not own the cocaine, and did not sell it, buy it or profit in any way from the transaction. Nonetheless, he acknowledged that he had done wrong, accepted full responsibility for his actions, and pled guilty to the crime of solicitation to deliver a controlled substance (cocaine). Before entering his plea, however, he consulted with an immigration lawyer who informed him that he would be eligible for a federal discretionary waiver of deportation, even with a guilty plea; and.

      WHEREAS, Mr. Beltran-Vasquez entered a guilty plea to the crime of solicitation to deliver a controlled substance in reliance on the availability of a deportation waiver, and on February 14, 1995 was sentenced to 15.75 months in prison by the Pierce County Superior Court; and

      WHEREAS, on April 24, 1996 the federal Antiterrorism and Effective Death Penalty Act went into effect, retroactively eliminating the availability of discretionary deportation waivers, except in certain cases where the alien has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several states; and

      WHEREAS, the United States Court of Appeals for the Ninth Circuit has ruled in the case of Coronado-Durazo v. Immigration and Naturalization Service (No. 95-70543, 9-30-97) that the crime of solicitation is not a crime relating to a controlled substance within the meaning of 8 U.S.C. S 1251(a)(2)(B)(i), and therefore a full and unconditional pardon will allow a deportation waiver to be available to Mr. Beltran-Vasquez; and

      WHEREAS, Mr. Beltran-Vasquez is known as a hard-working and conscientious person, who is very dependable and an asset to his community. Marian Martelli Wetsch, the Mayor of Fife spoke in favor of Mr. Beltran-Vasquez's petition at the clemency hearing, and attested to the high quality of his character; and

      WHEREAS, Mr. Beltran-Vasquez accepted responsibility for the crime and has no other history of criminal activity. In making its recommendation to me that this Full and Unconditional Pardon be granted, the Washington State Clemency and Pardons Board considered the nature and circumstances of the crime, and the inherent unfairness of retroactively eliminating the availability of deportation waivers after a person has pled guilty to a crime in reliance on the availability of such waivers, and that without this Full and Unconditional Pardon Mr. Beltran-Vasquez would be deported to Mexico, creating extreme and undue hardship on his family; and

      WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances I have determined that the best interests of justice will be served by this action;

      NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Jose Patricio Beltran-Vasquez this Full and Unconditional Pardon for the express purpose of allowing him to obtain a deportation waiver and lawfully remain in the United States. This Full and Unconditional Pardon does not restore the right to receive, possess, own, ship or transport firearms, and shall not under any circumstances be construed to remove any disability related to firearms under any state or federal law.

                                      IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal

(SEAL)                         of the State of Washington to be affixed at Olympia on this 5th day of

                                      May, A.D., nineteen hundred ninety-eight.

GARY LOCKE

Governor of Washington

BY THE GOVERNOR:

DONALD F. WHITING,

Assistant, Secretary of State

FULL AND UNCONDITIONAL PARDON

OF

CAU HAN HUYNH

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

      WHEREAS, Cau Han Huynh entered the United States as a refugee from Vietnam in February 1982, became a lawful permanent resident in January 1983, and has resided in Washington state for over fourteen years. Mr. Huynh fought with the U.S. forces during the Vietnam war, and was incarcerated in Vietnam for a time after the war as a result. He escaped to the United States without his family, except for one then very young son. Mr. Huynh has been gainfully employed during his time in the United States, and is the primary source of support for his family; and

      WHEREAS, Mr. Huynh escaped from Vietnam with several other people, including a woman who helped him take care of his son. A love affair developed between the two after they settled in the United States. The relationship was often a difficult one, and culminated in the assault for which Mr. Huynh was convicted. In July 1984, Mr. Huynh encountered the victim in a grocery store and assaulted her with a screwdriver hidden inside of a plastic shopping bag. She ran for protection behind a counter, and he left the store. The victim was not injured seriously or permanently, and was treated and released by an ambulance crew. Eventually, Mr. Huynh was able to bring his wife and other children to the United States, and the family lived together in Washington until Mr. Huynh's detention by immigration authorities on February 25, 1998; and

      WHEREAS, on November 16, 1984 Mr. Huynh pled guilty to Second Degree Assault in King County Superior Court, and served eighteen months in prison. He has no other criminal history. Upon his release in 1985, the Immigration and Naturalization Service (INS) immediately placed him into deportation proceedings. A deportation order was entered and appealed to the Board of Immigration Appeals which, six years later, remanded the order for a new hearing. Mr. Huynh's lawyer, Mr. Dan Danilov, was unable to contact Mr. Huynh at the time, and an order of deportation was automatically effected in 1991. Mr. Huynh lived peacefully in Seattle with his wife and six children for another seven years until INS officials suddenly arrested him. Mr. Huynh remains in custody at a federal detention center to this day, pending deportation; and

      WHEREAS, under recent changes to federal immigration law, Mr. Huynh's crime is classified as an "aggravated felony" and only through a full and unconditional pardon can Mr. Huynh avoid deportation to Vietnam. According to the United States Department of State, Bureau of Human Rights and Humanitarian Affairs, Mr. Huynh has a well-founded fear of persecution in Vietnam within the meaning of the United Nations Convention and Protocol Relating to the Status of Refugees; and

      WHEREAS, Mr. Huynh is known as a hard-working and conscientious person, who is very dependable and an asset to his employer and his community; and

      WHEREAS, Mr. Huynh has accepted responsibility for the crime and has no other history of criminal activity. In making its recommendation to me that this Full and Unconditional Pardon be granted, the Washington State Clemency and Pardons Board considered the nature and circumstances of the crime, the inherent unfairness of retroactive changes in federal immigration law that would require deportation in this case, and that without this Full and Unconditional Pardon Mr. Huynh would be deported to Vietnam, creating extreme and undue hardship on his family and a high risk of his being persecuted in Vietnam; and

      WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances I have determined that the best interests of justice will be served by this action;

      NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Cau Han Huynh this Full and Unconditional Pardon for the express purpose of allowing him to obtain a deportation waiver and lawfully remain in the United States. This Full and Unconditional Pardon does not provide or grant the right to receive, possess, own, ship or transport firearms, and shall not under any circumstances be construed to remove any disability related to firearms under any state or federal law.

                                      IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal

(SEAL)                         of the State of Washington to be affixed at Olympia on this 13th day of

                                      October, A.D., nineteen hundred ninety-eight.

GARY LOCKE

Governor of Washington

BY THE GOVERNOR:

RALPH MUNRO,

Secretary of State

FULL AND UNCONDITIONAL PARDON

OF

WILLIAM BRUCE MAREL

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

      WHEREAS, William Bruce Marel is a citizen of Australia, and a lawful permanent resident of the United States, having lived and worked in Washington since 1981. Mr. Marel is an independent computer consultant, and has been continuously employed by a variety of companies, including Microsoft, Boeing and Fluke Manufacturing, since arriving in the United States. Mr. Marel is married to a United States citizen, has raised a step-son in the United States, and has been a productive and law-abiding member of society, but for the sole offense for which this pardon has been granted; and

      WHEREAS, for several years Mr. Marel had been having regular and serious problems with destructive trespassers on his residential property in Issaquah, including vandalism and burglary of his house. The trespassers were on motorcycles or in trucks and frequently left behind stolen property and beer cans and other trash. They also destroyed fencing and gates, and more than once started grass fires. Mr. Marel posted "no trespassing" signs, however they were ignored and destroyed. Numerous calls to the King County Police did not solve the problem. Attempts to talk with the trespassers also were fruitless. Beginning in 1984, Mr. Marel kept a lengthy and detailed log of his encounters with trespassers and police complaints and responses. On April 6, 1986, Mr. Marel witnessed two juveniles on motorcycles trespassing on the posted "no trespassing" area of his land, and repeatedly told them to leave. After ignoring Mr. Marel for a time, the boys eventually decided to leave. As they rode around a corner about seventy feet away, Mr. Marel fired a shotgun (belonging to his wife) in their direction, thinking they were out of range and hoping to scare them. Some pellets hit one boy in the leg and the other in the back. No serious injury occurred. The pre-sentence report acknowledges the extreme frustration Mr. Marel experienced with trespassers and police, and found no criminal predisposition or intent to injure. The report states "it is fair to say that these circumstances would test the patience and good judgment of anyone" and recommended the minimum sentence; and

      WHEREAS, Mr. Marel entered a plea of guilty to the crime of Second Degree Assault in King County Superior Court on June 29, 1986, and was given the minimum sentence of 90 days, with work release. The King County Prosecutor did not oppose Mr. Marel's pardon request; and

      WHEREAS, under the Anti-terrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Mr. Marel's offense has been retroactively classified as an "aggravated felony," eliminating the availability of a waiver of deportation. Under those new federal laws, only a full and unconditional pardon will allow Mr. Marel to remain in the United States; and

      WHEREAS, Mr. Marel is known as a hard-working and conscientious person who is an asset to his community. He has accepted responsibility for his crime, acknowledged that he was wrong, and has no other history of criminal activity. In making its unanimous recommendation to me that this Full and Unconditional Pardon be granted, the Washington State Clemency and Pardons Board considered the nature and circumstances of the crime, the passage of time, the lack of any other criminal history, the inherent unfairness of the retroactive changes in federal law, and that without this action Mr. Marel could be deported to Australia, creating extreme and undue hardship on Mr. Marel and his family; and

      WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances I have determined that the best interests of justice will be served by this action;

      NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to William Bruce Marel this Full and Unconditional Pardon for the express purpose of allowing him to obtain a deportation waiver and lawfully remain in the United States. This Full and Unconditional Pardon does not restore the right to receive, possess, own, ship or transport firearms, and shall not under any circumstances be construed to remove any disability related to firearms under any state or federal law.

                                      IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal

(SEAL)                         of the State of Washington to be affixed at Olympia on this 20th day of

                                      October, A.D., nineteen hundred ninety-eight.

GARY LOCKE

Governor of Washington

BY THE GOVERNOR:

RALPH MUNRO,

Secretary of State

FURTHER MESSAGE FROM THE GOVERNOR

December 23, 1998

Kathryn S. Bail, Chairperson

Indeterminate Sentence Review Board

4317 6th Avenue SE

Mail Stop 40907

Olympia, Washington 98504

Dear Ms. Bail:

      I am writing to you in reference to inmate Neva J. Henning, #920935. Ms. Henning was convicted of participating in the killing of her husband, Duane Henning, in 1981.

      Ms. Henning was a high school librarian in Rosalia, and she and her husband were long-time residents of the area. The trials of Ms. Henning and her accomplice received much publicity, were very controversial, and divided the community. The trial judge expressed shock at the jury's decision, and ordered Ms. Henning to remain free on bail for several years pending the final disposition of appeals. She is now 64 years of age, and has no other criminal background. Serious questions have been raised as to the credibility of key evidence used in trial against Ms. Henning, and she has maintained her innocence. Nonetheless, the appellate courts have upheld her conviction.

      I have great respect for our courts and jury system, and have struggled greatly with this decision. On March 7, 1997, the Clemency and Pardons Board unanimously recommended that Ms. Henning be granted clemency. Ms. Henning's latest Department of Corrections psychological report states that she continues to remain an ideal inmate and infraction free after 12 years of incarceration, and indicates that she should be considered for parole at the earliest possible date. The Indeterminate Sentence Review Board (ISRB) has recently set her parole eligibility date as October 23, 1999. The ISRB has also recommended that I commute her sentence a small amount, to allow her to be considered for parole now.

       I have reviewed all pertinent facts and circumstances surrounding this matter in detail, and have contemplated it with great care. In light of the unanimous recommendation of the Clemency and Pardons Board, the Department of Corrections and ISRB recommendations, the portion of Ms. Henning's sentence served to date, and all other considerations, I have determined that the best interests of justice will be served if the ISRB holds a hearing at its earliest convenience to determine if Ms. Henning should be paroled.

      Therefore, I hereby specifically waive any mandatory minimum sentence requirements and commute the sentence being served by Ms. Henning, such that she shall be eligible for parole consideration beginning January 1, 1999, subject to the conditions that she:

1.    Not receive, possess, own, ship or transport firearms. This conditional commutation does not restore, and shall not under any circumstances be construed to restore, any civil rights related to firearms, and shall not remove any disability related to firearms under any state or federal law.

2.   Not be convicted of any crimes against persons or property.

3.   Fully comply with all other restrictions and conditions imposed upon her by the ISRB.

      I request that the ISRB give particular attention to the concerns of the victim's family and the community when considering and conditioning Ms. Henning's parole.

Sincerely,

GARY LOCKE

Governor

cc:                     Margaret Esola Baran, Attorney for Ms. Henning

                           Clemency and Pardons Board Members

                           James H. Kaufman, Whitman County Prosecutor 

BY THE GOVERNOR:                                                                   (SEAL)

RALPH MUNRO,

Secretary of State

MESSAGES FROM THE HOUSE

April 23, 1999

MR. PRESIDENT:

      The Co-Speakers have signed:

      SUBSTITUTE SENATE BILL NO. 5304,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5345,

      SUBSTITUTE SENATE BILL NO. 5399,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5424,

      SECOND SUBSTITUTE SENATE BILL NO. 5536,

      SUBSTITUTE SENATE BILL NO. 5553,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5599,

      SUBSTITUTE SENATE BILL NO. 5666,

      SUBSTITUTE SENATE BILL NO. 5828,

      ENGROSSED SENATE BILL NO. 5897,

      SENATE BILL NO. 5911,

      ENGROSSED SENATE BILL NO. 5962,

      SENATE BILL NO. 6025,

      SENATE JOINT RESOLUTION NO. 8206, and the same are herewith transmitted.

DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

-

April 23, 1999

MR. PRESIDENT:

      The Co-Speakers have signed:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1477,

      ENGROSSED HOUSE BILL NO. 1894,

      HOUSE BILL NO. 1936, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

April 23, 1999

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1143,

      SECOND SUBSTITUTE HOUSE BILL NO. 1176,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562,

      SUBSTITUTE HOUSE BILL NO. 1663,

      ENGROSSED HOUSE BILL NO. 2015.

DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

April 23, 1999

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1006,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1484,

      SUBSTITUTE HOUSE BILL NO. 1673.

DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

April 23, 1999

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 6090, and the same is herewith transmitted.

DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

April 23, 1999

MR. PRESIDENT:

      The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4410, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

April 23, 1999

MR. PRESIDENT:

      The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4412 and the same is herewith transmitted.

DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      SUBSTITUTE SENATE BILL NO. 5672,

      SUBSTITUTE SENATE BILL NO. 5781,

      SUBSTITUTE SENATE BILL NO. 6090.

SIGNED BY THE PRESIDENT

      The President signed:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1477,

      ENGROSSED HOUSE BILL NO. 1894,

      HOUSE BILL NO. 1936.

INTRODUCTION AND FIRST READING

SCR 8411          by Senators Kline and Heavey

Establishing a joint task force on equal access to justice.

SCR 8412          by Senators Prentice, Patterson, T. Sheldon, Shin, Gardner, Fairley, Kohl-Welles and Rasmussen

Assigning tasks to the legislative committee on economic development.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

HCR 4410          by Representatives Mitchell, Murray, Esser, Edmonds, Alexander, Lambert, Stensen and Bush

Creating a commission on legislative building renovation.

HCR 4412          by Representatives Miloscia, Ballasiotes and O'Brien

Creating a joint select committee to address the potential uses and concerns of DNA identification.

MOTIONS

      On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8411 and Senate Concurrent Resolution

No. 8412 were advanced to second reading and placed on the second reading calendar.

      On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4410 and House Concurrent Resolution No. 4412 were advanced to second reading and placed on the second reading calendar.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9158, Dr. Erik W. Pearson, as a member of the Board of Trustees for Western Washington University, was confirmed.

APPOINTMENT OF DR. ERIK W. PEARSON

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

     Voting yea: Senators Bauer, Benton, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.

     Absent: Senators Finkbeiner and Sellar - 2.

     Excused: Senators Brown, Costa, Hargrove and Wojahn - 4.

      EDITOR’S NOTE: See later motion by Senator Roach that the remarks on Senate Resolution 1999-8672 be spread upon the Journal.

MOTION

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

SENATE RESOLUTION 1999-8672

By Senators West, McDonald, Snyder, Johnson, Bauer, Fairley, Rasmussen, Spanel, Loveland, Roach, Thibaudeau, Haugen, B. Sheldon, Eide, Kohl-Welles, Patterson, Heavey, Zarelli and McAuliffe

      WHEREAS, David Horsey received the 1999 Pulitzer Prize for Distinguished Editorial Cartoons; and

      WHEREAS, The Pulitzer Prize is the nation’s most prestigious journalism award; and

      WHEREAS, Mr. Horsey was raised in Seattle, and graduated from Ingraham High School and the University of Washington, attesting to the quality of the state’s citizens as well as its educational institutions; and

      WHEREAS, In addition to the Pulitzer Prize, David Horsey was named National Press Foundation Cartoonist of the year in 1999; and

      WHEREAS, Mr. Horsey is a nationally syndicated editorial cartoonist and columnist whose work appears in more than 450 newspapers, including the Seattle Post-Intelligencer where he has worked since 1979; and

      WHEREAS, David Horsey’s witty, biting brand of humor is a formidable weapon; and

      WHEREAS, The copyrighted Horsey wit, humor and well-honed drawing skills have been turned on the wealthy, the powerful, and even certain members of this August body; and

      WHEREAS, Some Senators have been known to provide Mr. Horsey with the financial incentive to attack the institution’s esteemed members by purchasing his original artwork; and

      WHEREAS, the cartoonist’s pen has found its targets on both sides of the political spectrum; and

      WHEREAS, David Horsey’s political cartoons have become just as integral to the Evergreen State’s political scene as Mount Rainier is to Washington’s landscape;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor David Horsey for winning the Pulitzer Prize for his cartoons, and that the Washington State Senate take partial credit for his success by providing such a good target for his enormous talent.

REMARKS BY SENATOR WEST

      Senator West: “Thank you Mr. President, who amongst us--actually most of us--and I asked this rhetorically, who amongst us wouldn’t like to be a subject of a Pulitzer Prize winning artist’s rendering? Everybody raise your hand. There are many novice legislators who come to Olympia who think it would be a great honor and privilege to be drawn in the Seattle Post Intelligencer by Mr. Horsey and, in fact, they aspire to that day until it happens. Then, all of a sudden, they are wondering, ‘Does he really know who I am? Does he understand what I have been doing?’

      “Mr Horsey has done a great job and we are very proud of him as a citizen of Washington State and being recognized. The Pulitzer is, you know, an incredible honor and an incredible honor for an individual. Mr. Horsey has demonstrated over years of talent that he is certainly deserving of it. Having been the victim of the pen, once or twice, and having felt the twinge when it happened, and also, you know, it is the sign that you have arrived when you actually end up in one of those cartoons. I think it is a great honor and privilege that the Senate take the opportunity to recognize his talent--recognize his recognition by the Pulitzer committee and to say, ‘Thank you and congratulations.’

      “Mr. President, I would like to move that if any member wished to join in the resolution, they may do so.”

REMARKS BY SENATOR McDONALD

      Senator McDonald: “Mr. President, and fellow members of the Senate. I figure I got a little bit of a piece of this prize, as well, because

 Dave has gotten a little piece of me a number of times . This is my personal favorite as a matter of fact. I thought it was kind of interesting, because no matter how much things change, they kind of stay the same. This had to do with 1991, as I remember it, when I was Ways and Means Chair. Gary Locke, then was Appropriations Chair and Booth Gardner and Karla Nuxall, the then WEA President. At that point, we had an awful lot of teachers out there on strike while we were writing the budget. It sounds kind of familiar at this point.

      “Dave has had an incredible ability--sometimes they bite just a little bit, but they always have a point and they always have an awful lot of humor in them. I think that was why he was recognized for this prestigious prize. I think that is the pinnacle and I thought your cartoon the next day---a cartoonist is sitting at his blank page, saying,’what do I do now’-- was extremely poignant. It is a great honor for you and for the state and I want you to know that the originals that I bought now are going to be part of my retirement, as they have increased substantially in value. Thank you very much and my wife thanks you, as well.”

REMARKS BY SENATOR SNYDER

      Senator Snyder: “Thank you, Mr. President. I wish to join in wishing and congratulating Dave on winning this award. You know, everybody says that they hate to be in those cartoons, but you notice, like Senator McDonald, they all want to buy the originals. They just jump at the change to get there and do that. You know this is kind of like winning the Super Bowl or the World Series or the last day for Wayne Gresky the other day. I think this is really like in the same category with all of those things in the sports world. I didn’t realize that four hundred and fifty newspapers around the country carry your cartoons and I do see it in other papers. That in it itself is a great tribute and shows you how much it means to people all around the country and it comes right out of our state of Washington. We are indeed proud to have you as a citizen and a cartoonist in the Pacific Northwest and the city of Seattle. Congratulations!”

REMARKS BY SENATOR DECCIO

      Senator Deccio: “Thank you, Mr. President. I have never been in any of Dave’s cartoons, even during the time he spent down here as a reporter. I guess it is because I have never done anything wrong, so I’ve never ended up there. Dave, you know you are the kind of guy that any publisher would like to have on his team, because you have twenty-seven years experience and you are only twenty-seven years old. I think that is a great gift for anybody. We are really proud that you got this award. This is like winning the lottery--you would probably like to do both. I just want to add my congratulations; I think you have been a real credit to all of us in the state of Washington.       “Thank you.”

REMARKS BY SENATOR ROACH

      Senator Roach: “Thank you, Mr. President, and members of the Senate. I, too, want to congratulate David Horsey. I’ve contributed a little bit myself. I just want you to know Mr. Horsey that I have lost weight and so if there is another time--ok? You know, I first met David--I believe it was 1980--and he was in the office of then Senator Kent Pullen. I remember walking through the door there and having the chance to meet him and so forth. I also remember one of those earlier cartoons, at least from my recognition of his work. It was a picture of the warmup bench --three players on the warmup bench--and they have jerseys on and on the back of each one of them says, ‘Pullen,’ one says ‘Metcalf,’ and the other says, ‘Smith,’ and they are turning around looking behind them and so you are looking at the faces and their backs with the jerseys and then these big, gargantuan rear ends hanging over the bench. They are each sitting on something; Pullen for gun control; Metcalf for, I believe Kurt Smitch’s nomination; and Linda Smith for the Childrens’ Initiative.

      “The thing that makes these so great is that you remember the cartoons. You remember the one about Ellen Craswell where she is dressed up like the queen in Alice in Wonderland and it says, ‘All right, off with this’ on the castration bill, you know. So, it is a wonderful thing for us here in Washington State and I also wanted to tell you that when David Horsey did the three with Pullen, Metcalf and Smith, Kent said to me, ‘Quick, call him on the phone’--it was eight a.m. at that time and said ‘let’s buy that print.’ So, I called him up and he said politely that it would be a hundred dollars. Well, when I bought one last year, it was four hundred dollars, so things are going up.”

REMARKS BY SENATOR THIBAUDEAU

      Senator Thibaudeau: “Mr. President and members of the Senate. I’m rising to support this resolution. I am reminded of people’s reaction to a former next door neighbor of mine, Ed Donohue, in whose columns, people hated being mentioned, but hated worse, never to be mentioned at all. Now, my constituent, I am so glad you all like something about Seattle. The three wonderful people on the rostrum, yes, Mr. Horsey and his family are all my constituents. They are all members of the Forty-third District, of which I am very proud.

      “On a bit of a downer, I suppose, we have all talked about his humor, but the cartoon recently--I hope Senator McAuliffe saw it--it was a Mother sobbing and hanging on to her adolescent son with a backpack. He said quizzically, ‘I’m just going to school Mom.’ In view of recent events, I think this shows his perception, his understanding and as somebody said, ‘It really makes you think about it.’

      “Thanks so much--all three of you--for being here. Thanks, David for being such a tremendous observer of the world. I appreciate you and I support this resolution. Thank you.”

REMARKS BY SENATOR McCASLIN

      Senator McCaslin: “Thank you, Mr. President. I didn’t know you were this young. I know--I’m waiting for that autograph. I have two of his pictures and the first one was a lot cheaper that the second one. The first one was me with the cutouts on the Growth Management Act, so he signed that one and if you come in and sign the other one, I promise I’ll make the next installment payment. I mean I am an honest guy. I can’t believe you are as young as you are. I kept saying to Senator Deccio, ‘Is that him?’ He said, ‘Yeah.’ Of course, you

can’t believe I am this old, so at this age, I would appreciate your hurrying and signing and I’ll get somebody to bring it over and then I will give you my installment payment and it will cover it up. Congratulations, you are a wonderful cartoonist. I also have the one on term limits, which I think is the most beautiful cartoon I have ever seen. Why should we run and he has all these other geeks waiting to run. He did a tremendous job on that. I don’t know if that was before term limits expired or we did it in court and got rid of it, but you will know. Thank you very much for the tremendous humor you provide for most of us.”

REMARKS BY SENATOR WINSLEY

      Senator Winsley: “Thank you, Mr. President. I would also like to congratulate Dave. I noticed that you started with the PI in 1979. Twenty years ago when I was in the House when we were tied forty-nine, forty-nine, my name got in the paper several times. I think my favorite one was I was riding a white horse, if I remember correctly, and Duane Berentson was trying to edge up close by, but just about that time, the horse kicked up his hind legs and I think Berentson fell. I remember the cartoon. Anyhow, I think it is the same situation now and we have a House over there that is tied forty-nine, forty-nine and I guess someone will give that vote for the budget, but it won’t be me. Thank you.”

REMARKS BY SENATOR KOHL-WELLES

      Senator Kohl-Welles: “Thank you, Mr. President. I rise also to support this resolution and congratulate Mr. Horsey. I had the real delightful experience last year of sitting behind David Horsey at a Mariner’s game and watching him develop a cartoon. It was really an incredible interesting experience and I chatted a little bit with him about what he was doing. I dare say that David will not be sitting and staring at a blank page very often. I think we all give him a lot of fertile ideas for his imagination to get carried away with and I also dare to say that he is not known just as part of our Washington landscape here in the Evergreen State, but likely much to the dismay of certain figures in the other Washington, he is becoming all too well known, as well. Congratulations.”

REMARKS BY SENATOR JACOBSEN

      Senator Jacobsen: “When I was at Lake City Elementary School many years ago, I never did think that Janet Horsey’s little brother would be famous, but he certainly has come a long ways and when I was at the University of Washington, he also did a good job on the Daily and the only other observation I would make would be if you weren’t a great cartoonist, you would be a great columnist, because I have always enjoyed your thoughtful columns when you write them on occasion. We are really lucky to have you in the state of Washington and paying attention to the political issues. Thank you, Dave.”

FURTHER REMARKS BY SENATOR WEST

      Senator West: “Mr. President, I assume that you are going to introduce Mr. Horsey, his wife and his mother. I would like to point out that they have political connections, as well. His wife was a Senate Page Mother in the 1970s and I believe she also worked for the House of Representatives. His mother was a PCO until they became an endangered species in Senator Thibaudeau’s district, because she is a Republican.”

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced David Horsey, his wife, Noelle Ann, and his mother, Jeanne, who were seated on the rostrum.

      With permission of the Senate, business was suspended and David Horsey addressed the Senate.

REMARKS BY DAVID HORSEY

      David Horsey: “Thank you. Actually, I am thinking, ‘What am I doing up here?’ I am supposed to be over at that table, but I think this proves that the House has not given you guys nearly enough to do. If you can spend all this time talking about me--how long do you want me to fill here? I was glad to hear there was some dissent in that vote, by the way. I hate to think you are all that forgiving. If some one drew me the way that I sometimes draw you, I would be a little angry myself.

      “That is all right. That is the wonderful thing that I have people in politics. People sometimes ask me if I dislike politicians, and actually I love politicians. Not just because you make my job possible and when you goof up, it makes my job easy, but because people in politics, especially elected officials are--even if you disagree with them--those of you who I disagree with from time to time, I do respect the fact that you are engaged and you are involved in democracy, and that you are doing what people who are just complainers are not doing. You are trying to make things better in the way you see--the vision you have on what should be done. I do respect you for that, despite the fact that I have a job that is very disrespectful.

      “I was at the fair at Monroe a couple years ago and a guy came up to me and said he was really angry about what I did, because he had been taught to respect the President, to respect the Governor and what I did was antithetical to that and I had to agree that he was right. I guess I justify it because I am saying, ‘I am part of the democratic debate and that is what this country is all about people sharing ideas and arguing and then eventually coming together to do what is best.’

      “Senator West stole my lines about my mom here. She was a Republican Precinct Committeewoman until she moved to the wonderful Forty-third District where the second party is the Socialist Workers Party. She didn’t want to work for them, so anyway--I will be quiet now and go back to being a journalist. I thank you very much. This truly is an honor. Because I started my career down here, I have always loved Olympia and the Legislature and the whole scene here. It is indeed an honor to be recognized in this way. Thanks for being forgiving about what I do to you guys. Thank you very much.”

REMARKS BY PRESIDENT OWEN

      President Owen: “Congratulations, Mr. Horsey. I had the privilege of serving in the House my first year when Mr. Horsey was an intern. I just wanted to say that I don’t remember that plaid sport’s coat, at all. Thank you very much!”

MOTION

      At 10:35 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

      The Senate was called to order at 11:54 a.m. by President Owen.

MOTION

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

SENATE RESOLUTION 1999-8683

By Senators Rossi, B. Sheldon, Zarelli, Gardner, Haugen, Rasmussen and Spanel

      WHEREAS, SCORE (The Service Corps of Retired Executives) celebrates thirty-five years of helping small business succeed; and

      WHEREAS, SCORE is a non-profit association dedicated to entrepreneur education and the formation, growth, and success of small business here in the state of Washington and nationally; and

      WHEREAS, SCORE is a resource partner with the U.S. Small Business Administration (SBA); and

      WHEREAS, SCORE serves as “COUNSELORS TO AMERICA’S SMALL BUSINESS”; and

      WHEREAS, SCORE’s working and retired executives and business owners donate their time and expertise as volunteer counselors to provide confidential counseling and mentoring to the state’s small businesses at no charge to the recipient; and

      WHEREAS, SCORE also conducts educational business workshops to assist entrepreneurs to gain skills to better understand the business world for a modest fee; and

      WHEREAS, These dedicated men and women are located in SCORE Chapters in Bellingham, Seattle, Spokane, Tacoma, and Vancouver; and

      WHEREAS, SCORE members travel to provide business counseling to entrepreneurs in other urban and rural locations and, last year, the two hundred eighty-four members gave a total of 32,000 volunteer hours to counsel and mentor entrepreneurs. One-on-one, they presented workshop training and used the latest technology, via Internet e-mail to assist the state’s growing number of small businesses; and

      WHEREAS, Small business is a major part of the state’s economic engine. In 1998, nearly 180,000 small businesses generated nearly $12 billion. Washington’s small businesses employed 1.4 million people or about sixty percent of the state’s workforce; and

      WHEREAS, Our state’s SCORE members represent the spirit of volunteerism - volunteerism dedicated to helping the people of Washington State achieve the American dream;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate applauds the dedication and work of all SCORE members and their organizations. The Senate celebrates their accomplishments over the last thirty-five years while looking forward to SCORE’s accomplishments on behalf of our state’s small businesses in the new millennium; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Gary Locke, Governor of Washington; the Governor’s cabinet officers; all statewide elected officials; Region X Administrator of the U.S. Small Business Administration; District Directors of U.S. Small Business Administration of Washington State; SCORE National Headquarters; SCORE Region X Director; SCORE’s State District Management, and to each of the aforementioned SCORE Chapter Chairpersons.

      Senators Rossi, Tim Sheldon, Betti Sheldon, Benton and West spoke to Senate Resolution 1999-8683.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced SCORE’S Chapter 55 Chair Kenneth L. Kukes, as well as Senator Rossi’s father and mother in-law, John and Mary Cale. Mr. Cale is an accredited representative for SCORE.

MOTION

      At 12:03 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m.

      The Senate was called to order at 1:30 p.m. by President Owen.

MOTION

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

MESSAGE FROM STATE OFFICE

DEPARTMENT OF AGRICULTURE

P. O. Box 42560

Olympia, Washington 98504-2560

April 22, 1999

Tony Cook, Secretary of the Senate

Washington State Senate

P.O. Box 40482

Olympia, Washington 98504-0482

      Re: Report to the Legislature

Dear Mr. Cook:

      Enclosed is the annual Report to the Legislature on pesticide enforcement and residue monitoring. The Washington State Department of Agriculture is mandated by RCW 15.58.420 and RCW 17.21.350 to report to the appropriate committees of the House of Representatives and the Senate on the activities of the department under Chapter 15.58 RCW, the Washington Pesticide Control Act and Chapter 17.21 RCW, the Washington Pesticide Application Act. The report includes (1) a review of the department’s pesticide incident investigation and enforcement activities; and (2) a summary of the pesticide residue food monitoring program.

Sincerely,

JIM JESERNIG, Director

      The Department of Agriculture Annual Report on pesticide enforcement and residue monitoring is on file in the Office of the Secretary of the Senate.

MOTION

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

MOTIONS

      On motion of Senator Patterson, Senators Eide, McAuliffe and Thibaudeau were excused.

      On motion of Senator Spanel, Senator Loveland was excused.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9186, Betty Woods, as a member of the Board of Trustees for Western Washington University, was confirmed.

APPOINTMENT OF BETTY WOODS

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 8; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Wojahn and Zarelli - 37.

     Absent: Senators Deccio, Finkbeiner, Gardner, Haugen, McCaslin, McDonald, Sellar and Winsley - 8.

     Excused: Senators Eide, Loveland, McAuliffe and Thibaudeau - 4.

MOTIONS

      On motion of Senator Patterson, Senator Gardner was excused.

      On motion of Senator Honeyford, Senator Johnson was excused.

PARLIAMENTARY INQUIRY

      Senator West: “A parliamentary inquiry, Mr. President. I may be one of the greater offenders of this, but I want the President to clarify what the definition of what the bar of the House is--or the bar of the Senate is. Rule 39 requires that Senators be present, every Senator within the bar of the Senate shall vote. Does the bar include the ante area beyond the curtains or may the Senator’s head be just outside the curtain area into the bar? Could you give us a clarification of that sir?”

REPLY BY THE PRESIDENT

      President Owen: “It is kinda like in a football field, if you break the plane, you score. To some people, that would be the head and the stomach.”

      Senator West: “A further inquiry, I don’t find it in the rules, but I know Senate custom requires the wearing--for gentlemen--of a tie and a suit coat or jacket. Is it permissible to protrude your head while not wearing a jacket?”

      President Owen: “The President would prefer to not see the rest of the body without the jacket on. There is not a requirement that chairs of the Senate have suit jackets on. I notice that Senator McDonald has one on his chair, one that might fit that offending Senator that you were referring to.”

PERSONAL PRIVILEGE

      Senator McCaslin: “A point of personal privilege, Mr. President. The Senator from the Sixth District has struck again.”

MOTION

      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9155, Dr. George Mohoric, as a member of the Board of Trustees for Centralia Community College District No. 12, was confirmed.

APPOINTMENT OF DR. GEORGE MOHORIC

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.

     Absent: Senators Finkbeiner and Sellar - 2.

     Excused: Senators Gardner, Johnson, Loveland and McAuliffe - 4.

MOTION

      On motion of Senator Roach, the remarks on Senate Resolution 1999-8672 honoring David Horsey, which the Senate adopted earlier today, will be spread upon the Journal.

PARLIAMENTARY INQUIRY

      Senator Swecker: “A parliamentary inquiry, Mr. President. This noon hour as I strolled about the capital campus I realized that if I were home right now I would be wearing cutoffs. I am not sure what kind of images that places on people’s minds, but it occurred to me to inquire of the President that if I wear cutoffs tomorrow and a coat and tie, would I be considered properly attired for the floor of the Senate?”

REPLY BY THE PRESIDENT

      President Owen: “Possibly, if you included tights--possibly, but not likely.”

MOTION

      On motion of Senator Honeyford, Senators Rossi and Sellar were excused.

MOTION

      On motion of Senator Goings, the Senate returned to the fourth order of business.

MESSAGE FROM THE HOUSE

April 23, 1999

MR. PRESIDENT:

      Under suspension of the rules, ENGROSSED SENATE BILL NO. 5789 was returned to second reading and the House adopted the following amendment(s) and passed the bill as amended by the House:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 43.105.020 and 1993 c 280 s 78 are each amended to read as follows: