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THIRTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 16, 2000
The Senate was called to order at 10:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Benton, Brown, Finkbeiner, Franklin, Hargrove, Heavey, Horn, Jacobsen, Kline, Long, McDonald, Oke, Roach, Sellar, Tim Sheldon, Shin, Snyder, Spanel, Thibaudeau, Winsley and Zarelli. On motion of Senator Deccio, Senators Finkbeiner, Long and Sellar were excused. On motion of Senator Honeyford, Senators Benton, Horn, McDonald, Oke, Roach, Winsley and Zarelli were excused. On motion of Senator Eide, Senators Brown, Franklin, Hargrove, Heavey, Jacobsen, Kline, Tim Sheldon, Shin, Snyder, Spanel and Thibaudeau were excused.
The Sergeant at Arms Color Guard consisting, of Pages Paul Clifford and Danielle Torstenbo, presented the Colors. Reverend Paul Lundborg, pastor of the Lutheran Church of the Good Shepherd of Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
February 14, 2000
MR. PRESIDENT:
The House has passed:
ENGROSSED HOUSE BILL NO. 1085,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1210,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1987,
HOUSE BILL NO. 2365,
SUBSTITUTE HOUSE BILL NO. 2406,
SUBSTITUTE HOUSE BILL NO. 2461,
SUBSTITUTE HOUSE BILL NO. 2481,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2588,
ENGROSSED HOUSE BILL NO. 2609,
SUBSTITUTE HOUSE BILL NO. 2671,
SUBSTITUTE HOUSE BILL NO. 2673,
SECOND SUBSTITUTE HOUSE BILL NO. 2738,
HOUSE BILL NO. 2848,
SUBSTITUTE HOUSE BILL NO. 2858,
ENGROSSED HOUSE BILL NO. 2881,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2884,
SUBSTITUTE HOUSE BILL NO. 2886,
HOUSE BILL NO. 2920,
ENGROSSED HOUSE BILL NO. 2946,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2994,
ENGROSSED HOUSE BILL NO. 2995,
SUBSTITUTE HOUSE BILL NO. 3076,
SUBSTITUTE HOUSE BILL NO. 3124, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
February 14, 2000
MR. PRESIDENT:
The House has passed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2331,
HOUSE BILL NO. 2403,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2420,
ENGROSSED HOUSE BILL NO. 2648, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
INTRODUCTION AND FIRST READING
SB 6852 by Senators Hale, T. Sheldon, McDonald, Haugen and Johnson
AN ACT Relating to gubernatorial approval of nonemergency rules; amending RCW 34.05.360 and 34.05.380; and adding a new section to chapter 34.05 RCW.
Referred to Committee on State and Local Government.
SB 6853 by Senators Long and Hargrove
AN ACT Relating to a pilot program for supervision of juvenile offenders with mental disorders and chemical abuse disorders; adding new sections to chapter 13.40 RCW; creating a new section; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Human Services and Corrections.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
EHB 1085 by Representatives Dunn, Conway, Lambert and Esser
Penalizing possession of stolen checks.
Referred to Committee on Judiciary.
ESHB 1210 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Campbell, O'Brien, DeBolt, Bush, Sullivan, Kastama, Conway, Delvin, Lovick, Esser, Carrell and Hurst)
Enhancing penalties for manufacturing methamphetamines inside a conveyance.
Referred to Committee on Judiciary.
E2SHB 1987 by House Committee on Finance (originally sponsored by Representatives Schoesler, Grant and G. Chandler)
Providing tax exemptions and credits to encourage a reduction in agricultural burning of cereal grains and field and turf grass grown for seed.
Referred to Committee on Ways and Means.
E2SHB 2331 by House Committee on Appropriations (originally sponsored by Representatives Campbell, Schual-Berke, H. Sommers, Linville, Doumit, Cody, Wolfe, Conway, Quall, Eickmeyer, Morris, Gombosky, Ruderman, Edmonds, Poulsen, Dunshee, Fisher, Scott, Regala, McIntire, Kastama, Kessler, Wood, Lantz, Ogden, Santos, Edwards, O'Brien, Romero, Stensen, Cooper, Reardon, Tokuda, Veloria, Rockefeller, Lovick, Kenney, Kagi, Haigh, Miloscia, Anderson, Constantine, Dickerson, Keiser, Hurst, Murray, McDonald and D. Sommers)
Adopting a patient bill of rights.
Referred to Committee on Health and Long-Term Care.
HB 2365 by Representatives Haigh, Pennington, Eickmeyer, Dunshee and Hurst
Exempting certain leasehold interests from leasehold excise tax.
Referred to Committee on Ways and Means.
HB 2403 by Representatives Kastama, Parlette, Conway, Koster, Lantz, Doumit, Poulsen, Cox, Ruderman, Wood, Linville, Dickerson, Sullivan, Hatfield, O'Brien, Lovick, Constantine, Delvin, Wensman, Pennington, Mitchell, Keiser, Cody, Talcott, Dunn, Haigh, McDonald, Van Luven, Edmonds, Ogden and Esser
Creating the national World War II memorial account.
Referred to Committee on State and Local Government.
SHB 2406 by House Committee on Natural Resources (originally sponsored by Representatives Regala and Buck)
Changing salmon recovery provisions.
Referred to Committee on Natural Resources, Parks and Recreation.
E2SHB 2420 by House Committee on Appropriations (originally sponsored by Representatives Linville, G. Chandler, Morris, Ericksen, Quall, Kastama, Santos, Grant, Stensen, Keiser, Poulsen, Wensman, Scott, Rockefeller, Reardon, Kenney, Cody, Lovick, Cooper, Koster, Haigh, McDonald, Van Luven, Lantz, Wood, Regala, Edmonds, Hurst, Dunshee, Constantine, Dickerson, Wolfe, Ogden, Ruderman and McIntire)
Providing for oil and gas pipeline safety.
Referred to Committee on Environmental Quality and Water Resources.
SHB 2461 by House Committee on Judiciary (originally sponsored by Representatives Reardon, Santos, Ruderman and Grant)
Acknowledging the satisfaction of a judgment.
Referred to Committee on Judiciary.
SHB 2481 by House Committee on Capital Budget (originally sponsored by Representatives Koster, Edmonds, Esser, O'Brien, Schoesler, Barlean, Alexander, Dunn, Thomas and Ruderman)
Requiring development of a predesign for all major capital projects.
Referred to Committee on State and Local Government.
E2SHB 2588 by House Committee on Appropriations (originally sponsored by Representatives Tokuda, D. Sommers, Kagi, Boldt, Kenney, Dickerson, Ogden, Veloria, Haigh, Santos, Romero, O'Brien, Edwards, Constantine, Rockefeller, Miloscia and McIntire)
Creating domestic violence fatality review panels.
Referred to Committee on Judiciary.
EHB 2609 by Representatives Carrell, Constantine, Mulliken and G. Chandler
Allowing agents to give notice of dishonored checks.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
EHB 2648 by Representatives Miloscia, Romero and D. Schmidt (by request of Secretary of State Munro)
Revising the Washington state quality award program.
Referred to Committee on State and Local Government.
SHB 2671 by House Committee on Finance (originally sponsored by Representatives Thomas, Dunshee and Fortunato)
Establishing procedures for handling tax billing errors.
Referred to Committee on Energy, Technology and Telecommunications.
SHB 2673 by House Committee on State Government (originally sponsored by Representatives Lambert, Ruderman, Cox, McIntire, Carrell, Edwards, Sump, Miloscia, Woods, Romero, Bush, Stensen, Esser, Keiser, Rockefeller, Morris, Koster, Edmonds, Ericksen, Lantz, Mulliken, Campbell and O'Brien)
Regulating mail to constituents.
Referred to Committee on State and Local Government.
2SHB 2738 by House Committee on Appropriations (originally sponsored by Representatives Dickerson, Clements, Romero and Miloscia)
Giving the office of financial management oversight over state agency personal service contracting practices.
Referred to Committee on State and Local Government.
HB 2848 by Representatives Hatfield, Benson and Keiser (by request of Insurance Commissioner Senn)
Safeguarding securities.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
SHB 2858 by House Committee on State Government (originally sponsored by Representatives D. Schmidt, Dunshee, Ruderman and Edwards) (by request of Governor Locke)
Eliminating certain reports to the legislature.
Referred to Committee on State and Local Government.
EHB 2881 by Representatives Crouse, Poulsen and Eickmeyer (by request of Governor Locke)
Allowing new forms of regulation of telecommunications companies.
Referred to Committee on Energy, Technology and Telecommunications.
ESHB 2884 by House Committee on Judiciary (originally sponsored by Representatives Constantine, Carlson, Grant, Radcliff, Kastama, Mastin, Keiser, Ruderman, Kessler, Dickerson, Tokuda, D. Sommers and Stensen)
Providing notice requirements for parents subject to court orders and standards regarding residential time or visitation.
Referred to Committee on Judiciary.
SHB 2886 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Barlean, Keiser, Benson and Hatfield)
Making regulation of service contracts applicable to service contracts on consumer purchases only.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
HB 2920 by Representatives Dunshee, Radcliff, Thomas, Eickmeyer, Skinner and Santos
Exempting community radio stations from property taxation.
Referred to Committee on Ways and Means.
EHB 2946 by Representatives Conway, Clements, Wood, Regala and Hurst
Allowing local planning and zoning of gambling activities.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
ESHB 2994 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Parlette, G. Chandler, B. Chandler and Linville)
Regarding instream flows and trust water rights.
Referred to Committee on Environmental Quality and Water Resources.
EHB 2995 by Representatives G. Chandler and Linville
Modifying provisions concerning apiaries.
Referred to Committee on Agriculture and Rural Economic Development.
SHB 3076 by House Committee on Transportation (originally sponsored by Representatives G. Chandler, Fisher, Mitchell, Cooper, Hankins, Skinner, Ericksen, McDonald, Radcliff, Mulliken and Pflug)
Convening a work group on streamlining project permit processes.
Referred to Committee on Transportation.
SHB 3124 by House Committee on Appropriations (originally sponsored by Representatives H. Sommers, Huff, Kessler, Ballasiotes, O'Brien and Alexander)
Revising sentencing for sexually violent predators.
Referred to Committee on Judiciary.
MOTION
On motion of Senator Rossi, the following resolution was adopted:
SENATE RESOLUTION 2000-8720
By Senators Rossi, Johnson, Rasmussen, Patterson, Kohl-Welles
WHEREAS, The students of Tahoma High School in Maple Valley, Washington, enrolled in the program known as “We the People, The Citizen and the Constitution” have exhibited that they have learned very well the lessons of our forefathers who wrote the Constitution of the United States and will be representing all of Washington in national championship competition to be held May 6th though May 8th in Washington, D.C.; and
WHEREAS, This knowledge will enhance their lives and direct their paths as they walk through life, proud in the knowledge that Americans have long stood for justice and liberty for all Americans; and
WHEREAS, Being armed with this knowledge is to the benefit of all citizens of this great country and state and will encourage them to participate in the democracy men and women have fought so gallantly to preserve; and
WHEREAS, Knowing that these energetic, knowledgeable young people will one day lead this state and country, and that there may very well be in their midst a Governor, Senator or a member of Congress or perhaps even a future President; and
WHEREAS, Teachers of the “We The People” program such as Mark Oglesby and Stephanie Galloway, who have lead students to win the state championship the past six years, can take great pride knowing that the students enrolled in this program have the knowledge to outperform university students in every topic; and
WHEREAS, Studies have shown that 80 percent of senior students participating in this program have registered to vote as compared to an average of 37 percent thereby proving that this program has increased the interest in politics and in participating in government;
NOW, THEREFORE, BE IT RESOLVED, That we the members of the Washington State Senate wish to acknowledge the participation in this program by Sean Aas, Lindsay Allyn, Max Aquino, Grifan Cayce, Rebecca Currie, Medora Ekblad, Hannah Garrison, Nathan Holstein, Leah Ingram, Douglas Jacobson, Hillary Johnson, Kristin Jolk, Kelly Keegan, Rachel Kennedy, Katie Kenworthy, Mikael Mortensen, Benjamin Myers, Tracy Pettitt, Amanda Smith, Tricia Smithson, Whitney Thompson, Jered Vincent, Spencer Waldron, Trevor Williams, and Todd Wilson, students each and every one making their families and fellow citizens proud; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate forward a copy of this resolution to the Principal of Tahoma High School to further show the respect of this body for a job well done by each student and teacher.
Senators Rossi, Johnson, Patterson, Hochstatter and Deccio spoke to Senate Resolution 2000-8720.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced the Tahoma High School students in the "We the People, The Citizens and the Constitution" program, who were seated in the gallery.
MOTION
On motion of Senator Hale, the following resolution was adopted:
SENATE RESOLUTION 2000-8726
By Senators Hale, Sheahan, Honeyford, Rossi, Kohl-Welles, McCaslin, Rasmussen, Long, Winsley, McDonald, Hochstatter, Stevens, Sheldon, B., Johnson, Zarelli, Heavey, Brown, Sheldon T., Costa, Kline, Goings, Snyder, Franklin, McAuliffe, Loveland, Fraser, Bauer, Wojahn, Prentice, Haugen, Spanel, Hargrove, Shin, Thibaudeau, Gardner, and Morton
WHEREAS, Sam and Pat Smith moved to Washington State in 1985 and have represented Washington State University for the past fifteen years; and
WHEREAS, Dr. Samuel H. Smith will resign his presidency at Washington State University at the end of the 1999-2000 academic year, July 1, 2000; and
WHEREAS, Dr. Smith has served Washington State University and the state with honor and distinction; and
WHEREAS, Dr. Smith, through his hard work and leadership, has transformed Washington State University from a single campus in Pullman to a nationally recognized, statewide university; and
WHEREAS, Dr. Smith increased student access to Washington State University by establishing WSU Learning Centers in eleven counties and expanding WSU's presence in underserved areas with four branch campuses in the Tri-Cities, Spokane and Vancouver; and
WHEREAS, Dr. Smith presided over the most successful fundraising campaign in the history of Washington State University. Campaign WSU, the university's first comprehensive fund-raising effort, raised more than $275.4 million and had the highest alumni-giving rate of all public universities in the country, a remarkable spirit of giving to the institution that continues today; and
WHEREAS, Dr. Smith led academic programs and research efforts that resulted in Washington State University's recognition in national rankings as one of the best public universities in America, including a 1999 #1 ranking as the most wired public university in the nation; and
WHEREAS, Dr. Smith is recognized as a proponent of distance education, overseeing Washington State University's membership as a founding institution in the Western Governors' University and will participate in the National Governors' Association 2000 Winter Meeting addressing "New Visions of Post-Secondary Education"; and
WHEREAS, Dr. Smith presented the Justin Smith Morrill Memorial lecture at the 1998 National Association of State Universities and Land-Grant Colleges annual meeting, an honor given for significant contributions as an educator in promoting the land-grant tradition of the "liberal and practical education of all people"; and
WHEREAS, Dr. Smith is the current chair of the Kellogg Commission on the Future of State and Land-Grant Universities, formed to help define the future direction of public state and land-grant universities and to recommend an action agenda to speed up the process of change; and
WHEREAS, Dr. Smith chaired the Executive Committee of the National Collegiate Athletic Association, one of a series of leadership positions he held during a major reorganization of NCAA governance; and
WHEREAS, Dr. Smith has helped improve the climate for women at Washington State University to such a degree that the Association for Faculty Women of WSU has named an award in his honor. The award will be presented to those who have "a strong and continuous record of leadership in advancing the role of women on campus, or in leadership at the community, state or national level in private, government or professional organizations"; and
WHEREAS, Dr. Smith, in keeping with the institution's mission and his own personal avocation, has proven his stalwart and enthusiastic support for Washington State's agricultural community by strengthening WSU's Cooperative Extension offices in all thirty-nine of the state's counties and creating the President's Agriculture 101 Group to protect and promote Washington's agricultural interests for the good of the citizens of the state and its trading partners throughout the world; and
WHEREAS, Dr. Smith was president in 1998 when the Washington State Cougar football team were Pac-10 champions and competed in the Rose Bowl for the first time in sixty-seven years bringing pride and joy to the hearts of countless long-suffering Cougar fans; and
WHEREAS, Dr. Smith and Pat have chosen this time to finally focus on their family and themselves while their health and energy still afford them the opportunity;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honors Dr. Samuel H. Smith for the dedicated service and commitment shown in his work and the innumerable contributions to Washington State University, to its students, faculty and staff and to the greater community of the state of Washington;
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Dr. Samuel H. Smith, the Board of Regents of Washington State University, the Higher Education Coordinating Board and Governor Gary Locke.
Senators Hale, Deccio, Sheahan, Rasmussen, McCaslin, Kohl-Welles, Bauer, Morton and Betti Sheldon spoke to Senate Resolution 2000-8726.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced Dr. Samuel H. Smith, the retiring President of Washington State University, who was seated in the gallery.
MOTION
On motion of Senator Goings, the following resolution was adopted:
SENATE RESOLUTION 2000-8711
By Senators Goings, Rasmussen, Kohl-Welles, McAuliffe, and Loveland
WHEREAS, Profound and rapid economic and technological changes in our society are being reflected in the structure and nature of work, thereby placing new and additional responsibilities on educational systems; and
WHEREAS, Automotive Youth Educational Systems provide Americans with a school-to-career connection, and helps prepare a strong, well-educated workforce, which meets both academic and skills standards, fosters productivity in business and industry, and contributes to Washington’s leadership in the global marketplace; and
WHEREAS, Automotive Youth Educational Systems give high school students experience in practical, meaningful applications of basic skills such as reading, writing, and mathematics, thus improving the quality of their education, and preparing automotive students for leadership opportunities in the automotive industry and in their communities; and
WHEREAS, Automotive Youth Educational Systems provides a model partnership between education and business and industry; and
WHEREAS, Automotive Youth Educational Systems provides a model of progression between the secondary system and the post-secondary system that allows high school students to move forward based on what they know and can do; and
WHEREAS, The ever-increasing cooperative efforts of Automotive Youth Educational Systems and business stimulate the growth and vitality of our economy by preparing students for a career in an industry that is forecast to experience the fast growth in the coming decade;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Senate do hereby recognize the efforts of the Puget Sound Automobile Dealers Association and the Automobile Service Association, and the value of Automotive Youth Educational Systems Day; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit copies of this resolution to Automotive Youth Educational Systems.
Senators Goings, McAuliffe and Eide spoke to Senate Resolution 2000-8711.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced the students in the Automotive Youth Educational System, who were seated in the gallery.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 2000-8710
By Senators Rasmussen, Spanel, Haugen, Bauer, and Gardner
WHEREAS, Dairy farming in Washington has a proud one hundred-sixty year history; and
WHEREAS, Washington is home to seven hundred fifty dairy farms and 248,000 dairy cows; and
WHEREAS, Washington’s dairy cows rank first in the United States in per-cow production; and
WHEREAS, Washington's dairy industry is ninth in total volume of production in the United States, with total annual milk production of 5.3 billion pounds in 1998; and
WHEREAS, Our state's dairy farmers contributed approximately $730 million to the state's economy in 1998 with milk production ranked second in dollar value among all of Washington's bountiful agricultural commodities; and
WHEREAS, Citizens throughout the state today celebrate Dairy Day at the State Capitol under the proud sponsorship of The Washington State Dairy Federation; and
WHEREAS, Jana Visser of Lynden is representing the dairy industry with distinction as the reigning Washington State Dairy Ambassador, as well as serving a ten month internship with the Washington Dairy Products Commission; and
WHEREAS, Her alternates are Caroline Deck, formerly of Eatonville, who represented King and Pierce County Dairy Farmers as a resident of Enumclaw, and Mari Annis of Burlington, who represented Skagit and Island Counties;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate acknowledge and honor the women and men whose work on dairy farms throughout Washington has contributed so much to the strength and vitality of our state and its economy, the character of our communities, and the general well-being of our citizens; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Washington State Dairy Ambassador Jana Visser, alternates Caroline Deck and Mari Annis.
Senators Rasmussen, Gardner, Honeyford, Haugen, Deccio, Stevens and Morton spoke to Senate Resolution 2000-8710.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced the Washington State Dairy Ambassador Jana Visser from Lynden, and Alternate Ambassadors Caroline Deck from Enumclaw and Mari Annis from Burlington, who were seated on the rostrum. The President Pro Tempore also introduced the visiting Dairy Princesses, who were seated in the gallery.
With permission of the Senate, business was suspended to permit Ambassador Jana to address the Senate.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced members of the Washington State Dairy Federation, including the board and dairy producers, who were seated in the gallery.
PERSONAL PRIVILEGE
Senator Rasmussen: “A point of personal privilege, Madam President, because I didn’t get a chance to mention that one of the young ladies at the rostrum, I held her when she was a brand new baby. Her parents are my dearest, dearest friends. They have seven daughters, while I only have six. We have had quite a race. One of the young ladies is one of the sweetest girls I have ever met. My daughters all showed cows with the young lady at the dias. I heard a Senator mention that these cows kick. I have to tell you that these are wonderful, gentle and loving animals--at the hands of those that take care of them--especially in showing a cow.
“We honored 4-H yesterday. The dairy youngsters that show in 4-H and FFA do a marvelous job with these cows. I hope that isn’t another dying art. We need to remember to support those fairs that support the 4-Hers and those that work so hard in our industry. Thank you very much.”
MOTION
At 11:20 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, February 17, 2000.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate