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FORTIETH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, February 18, 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 Bauer, Benton, Brown, Finkbeiner, Fraser, Sellar and West. On motion of Senator Deccio, Senators Finkbeiner and Sellar were excused. On motion of Senator Franklin, Senators Bauer and Fraser were excused. On motion of Senator Eide, Senator Brown was excused.
The Sergeant at Arms Color Guard, consisting of Pages Joshua Duke and Sterling Peterson, 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.
REPORTS OF STANDING COMMITTEES
February 17, 2000
SHB 2338 Prime Sponsor, House Committee on Natural Resources: Allowing the parks and recreation commission to dispose of certain real property without an auction. Reported by Committee on Natural Resources, Parks and Recreation
MAJORITY Recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Morton, Oke, Rossi, Snyder, Spanel and Stevens.
Passed to Committee on Rules for second reading.
February 17, 2000
HB 2341 Prime Sponsor, Representative O'Brien: Specifying community custody ranges. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Sheahan and Stevens.
Passed to Committee on Rules for second reading.
February 17, 2000
SHB 2423 Prime Sponsor, House Committee on Natural Resources: Allowing for the disposal of Mt. St. Helen's dredge spoils from public or private lands. Reported by Committee on Natural Resources, Parks and Recreation
MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Morton, Oke, Rossi, Snyder, Spanel and Stevens.
Passed to Committee on Rules for second reading.
February 17, 2000
HB 2459 Prime Sponsor, Representative Regala: Extending the tenure of the winter recreation advisory committee. Reported by Committee on Natural Resources, Parks and Recreation
MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Morton, Oke, Rossi, Snyder, Spanel and Stevens.
Passed to Committee on Rules for second reading.
February 17, 2000
HB 2498 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. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Sheahan and Stevens.
Referred to Committee on Ways and Means.
February 17, 2000
HB 2660 Prime Sponsor, Representative Huff: Changing record checks for the state investment board. Reported by Committee on Commerce, Trade, Housing and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Gardner, Hale, Heavey, Rasmussen, T. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Betti Sheldon, House Bill No. 2498 was referred to the Committee on Ways and Means.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
February 16, 2000
GA 9246 GARY HAUG, appointed July 1, 1999, for a term ending at the Governor’s pleasure as Director of the Department of Services for the Blind.
Reported by Committee on State and Local Government
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.
Passed to the Committee on Rules.
February 16, 2000
GA 9264 MAJOR GENERAL TIMOTHY J. LOWENBERG, appointed September 13, 1999, for a term ending at the Governor’s pleasure as Adjutant General of the Military Department.
Reported by Committee on State and Local Government
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Kline and McCaslin.
Passed to the Committee on Rules.
February 17, 2000
GA 9274 KAREN MILLER, appointed September 24, 1999, for a term ending at the Governor’s pleasure as Chair of the Housing Finance Commission.
Reported by Committee on Commerce, Trade, Housing and Financial Institutions
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Prentice, Chair; Gardner; Hale, Heavey, Rasmussen, T. Sheldon and Winsley.
Passed to the Committee on Rules.
INTRODUCTION AND FIRST READING
SB 6855 by Senators Thibaudeau and Costa
AN ACT Relating to insurance coverage for the treatment of social anxiety disorder; adding a new section to Title 48 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
MOTION
On motion of Senator Kohl-Welles, the following resolution was adopted:
SENATE RESOLUTION 2000-8722
By Senators Kohl-Welles, Hale, McCaslin, Spanel, Sheldon B., Morton, Heavey, Johnson, Franklin, Haugen, Eide, Stevens, Rasmussen, McAuliffe, Snyder and Swecker
WHEREAS, On January 31, 2000, Alaska Airlines Flight 261 enroute to Seattle Tacoma International Airport went down off the coast of Southern California claiming the lives of eighty-eight people; and
WHEREAS, Forty-five of the passengers and two members of the crew lived in Washington State; and
WHEREAS, The invaluable crew of Alaska Airlines Flight 261, including Captain Ted Thompson, First Officer William Tansky, and Flight Attendants Kristin Mills, Craig Pulanco of Seattle, and Allison Shanks of Seattle, exemplified bravery and dedication in their attempts to avert disaster; and
WHEREAS, The Washington State Legislature has suffered the loss of Donald Shaw, a valued supervisor with the State Capitol Visitor Services Office, respected retired school principal of the Edmonds and Snohomish School Districts, father, grandfather, friend, and loving husband of Earlene Shaw, employee of the Senate Dining Room; and
WHEREAS, The Legislature has also been touched by this tragedy through the loss of Ryan and Abigail Busche, son and daughter-in-law of Jim Busche, a Senate Security Officer; and
WHEREAS, Communities throughout Washington State have been affected by the loss of the following individuals: Michael Bernard, Sheri Christiansen, David and Carolyn Clemetson and their children Coriander, Blake, Miles and Spencer, Avines Deo, Monte Donaldson, Meghann Hall, Rachel Janosik, Pastors Joe and Linda Knight, Rodney and Sarah Pearson and their children Rachel and Grace, Deborah Penna, Stanford Poll, Anjesh Prasad, Avini Prasad, Paul “Clarke” Pulanco, Barbara Ryan, Bradford Ryan, Terry Ryan, Stacy Schuyler, Charlene Sipe, Ryan Sparks, Harry Stasinos, Thomas Stockley, Margaret Stockley, Robert Thorgrimson, Lorna Thorgrimson, Colleen Whorley, Bob Williams, and Patty Williams; and
WHEREAS, All passengers aboard Flight 261 will be remembered including: Lawrence Baldridge, Renato Bermudez, Malcolm Branson, William Bryant, Gabriela Chavez, Jacquelyn Choate, Toni Choate, John Cuthbertson, Dean Forshee, Jerri Fosmire, Allen Friedmann, Jean Gandesbery, Robert Gandesbery, Aloysius Han, Barbara Hatleberg, Glenn Hatleberg, Robert Hovey, Russell Ing, Karl Karlsson, Carol Karlsson, William Knudson, Rodrigo Laigo, Naomi Laigo, Ronald Lake, Joyce Lake, Bradley Long, James Luque, Juan Marquez, Ileana Ost, Bob Ost, Emily Ost, Cynthia Oti, Jean Permison, Charles Russell, James Ryan, Ellen Salyer, Joan Smith, Janice Stokes, Morris Thompson, Thelma Thompson, Cheryl Thompson, Nina Voronoff, and Steve Wilkie; and
WHEREAS, These individuals will be missed by their family, friends, and communities, but through our memory of them, they will not be forgotten;
NOW, THEREFORE, BE IT RESOLVED, That it is with deepest sympathy, the Senate of the state of Washington does hereby recognize and honor the lives and accomplishments of those lost in the fateful accident, and the strength of their families and friends in coping with this tragedy; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Earlene Shaw, Jim Busche, and John F. Kelly, President of Alaska Airlines.
Senators Kohl-Welles, Swecker, Thibaudeau, Costa, Stevens, Snyder, Heavey, and Betti Sheldon spoke to Senate Resolution 2000-8722.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced and offered condolences to the Donald Shaw family, to Jim and Marianne Busche and their family and to Linda Hull, Alaskan Airlines Representative, who were seated in the gallery.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8418, by Senators Hargrove, Heavey, Kohl-Welles, Long, Franklin and Kline
Reviewing state sentencing policy.
MOTIONS
On motion of Senator Heavey, Substitute Senate Concurrent Resolution No. 8418 was substituted for Senate Concurrent Resolution No. 8418 and the substitute concurrent resolution was placed on second reading and read the second time.
Senator Roach moved that the following amendment be adopted:
On page 2, line 17, after "sentences" strike "and existing sentence enhancements" and insert ", existing sentence enhancements, and special sentencing alternatives"
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Roach on page 2, line 17, to Substitute Senate Concurrent Resolution No. 8418.
ROLL CALL
The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Costa, Deccio, Eide, Fairley, Franklin, Gardner, Goings, Hale, Hargrove, 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, Winsley, Wojahn and Zarelli - 42.
Absent: Senators Benton and West - 2.
Excused: Senators Bauer, Brown, Finkbeiner, Fraser and Sellar - 5.
MOTION
On motion of Senator Honeyford, Senators Benton and West were excused.
MOTION
On motion of Senator Heavey, the rules were suspended, Engrossed Substitute Senate Concurrent Resolution No. 8418 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Concurrent Resolution No. 8418.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Concurrent Resolution No. 8418 and the concurrent resolution passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Costa, Deccio, Eide, Fairley, Franklin, Gardner, Goings, Hale, Hargrove, 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, Winsley, Wojahn and Zarelli - 42.
Excused: Senators Bauer, Benton, Brown, Finkbeiner, Fraser, Sellar and West - 7.
ENGROSSED SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8418, having received the constitutional majority, was declared passed.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8426, by Senators Rasmussen, Swecker, Snyder, Bauer, Goings, McCaslin, Winsley, Oke, West, Shin, Benton, Thibaudeau, Roach, Johnson, B. Sheldon, Haugen, Heavey, Fairley, Spanel, Prentice, Loveland, Fraser, Kohl-Welles and McAuliffe
Creating a joint select committee on veterans and military affairs.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Concurrent Resolution No. 8426 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Concurrent Resolution No. 8426.
ROLL CALL
The Secretary called the roll on the final passage of Senate Concurrent Resolution No. 8426 and the concurrent resolution passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.
Voting yea: Senators Costa, Deccio, Eide, Fairley, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.
Absent: Senator Loveland - 1.
Excused: Senators Bauer, Benton, Brown, Finkbeiner, Fraser, Sellar and West - 7.
SENATE CONCURRENT RESOLUTION NO. 8426, having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Honeyford, Senator Johnson was excused.
MOTION
On motion of Senator Betti Sheldon, Senator Loveland was excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Heavey, Gubernatorial Appointment No. 9200, Marilyn Showalter, as Chair of the Utilities and Transportation Commission, was confirmed.
APPOINTMENT OF MARILYN SHOWALTER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.
Voting yea: Senators Costa, Eide, Fairley, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 39.
Absent: Senator Deccio - 1.
Excused: Senators Bauer, Benton, Brown, Finkbeiner, Fraser, Johnson, Loveland, Sellar and West - 9.
MOTION
On motion of Senator Goings, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Snyder, the following resolution was adopted:
SENATE RESOLUTION 2000-8729
By Senator Snyder, Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Zarelli
WHEREAS, Former Washington State Representative Bob Basich, who served six terms in unselfish, distinguished work for citizens of Grays Harbor, Cowlitz, Pacific, and Wahkiakum counties, and for all people of Washington, passed away; and
WHEREAS, Affectionately and very appropriately known as "Coach," Representative Basich went peacefully to the next world; and
WHEREAS, Coach Basich and his wonderful wife, Anita, raised three exemplary children in Aberdeen, the city of his birth made all the better for his years of teaching, coaching, and mentoring; and
WHEREAS, The students and staff in classrooms all across Washington were always uppermost in the mind of Representative Basich through his unwavering commitment to improve and strengthen our schools; and
WHEREAS, During a legislative career that will be forever modeled by men and women here and in other state governments, Representative Basich placed maximum importance on protecting and preserving the natural resources that help make our great land so truly magnificent; and
WHEREAS, A United States Navy veteran of World War II, Representative Basich was a champion for the rights and recognition of servicemen and servicewomen who stood ready to make the ultimate sacrifice, and for those American heroes and heroines who did lose their lives in service to our country; and
WHEREAS, Coach Basich, our true friend and colleague, was tireless and scrupulous in his work to highlight the importance of self-esteem, personal accountability, and a positive mental attitude on the part of our young people; and
WHEREAS, The civic-mindedness of Representative Basich was reflected in his Associated Student Body presidencies at Aberdeen High School and Grays Harbor College, and later in his service on the Aberdeen City Council; and
WHEREAS, The steadfast and honorable perspective of Bob Basich was an honest-to-goodness touchstone for peers and contemporaries in classrooms of learning, in gymnasiums and fields of athletic endeavor, and in legislative halls; and
WHEREAS, Coach Basich earned All-American honors as a football player at St. Martin's College and is a member of the school's Sports Hall of Fame; and
WHEREAS, In his years of teaching and coaching at the high school and college level, Representative Basich was a source of inspiration and motivation for thousands of young men and women; and
WHEREAS, For more than four decades, Coach Basich worked with young athletes of the Grays Harbor communities as an umpire, and as a baseball coach at the Little League, Babe Ruth, American Legion, semiprofessional, and minor league levels; and
WHEREAS, A remarkable ballroom dancer, Representative Basich, even as we speak, is surely dancing with the angels; and
WHEREAS, Although the Legislature hasn't been the same without him and now the world won't be the same without him, Representative Basich would be the first to admonish that we not mourn his passing, but that instead we celebrate his life and the time that he laughed, played, and worked among us;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate celebrate the distinguished legislative, professional, athletic, and, most of all, the personal life of Washington State Representative Bob Basich; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the members of the family of Washington State Representative Bob Basich.
Senators Snyder, Hargrove, Heavey, Tim Sheldon, Oke, Rasmussen, Hochstatter, Jacobsen and Kohl-Welles spoke to Senate Resolution 2000-8729.
MOTION
On motion of Senator Jacobsen, all Senator’s names will be included on Senate Resolution 2000-8729.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced and offered condolences to Representative Basich’s wife, Anita; his son, John; his daughters, Kathy and Kris; and his grandchildren, Tiffany, Dominic, Brandon, Maloree and other family members, who were seated in the gallery.
MOTION
At 11:46 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, February 21, 2000.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate