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ELEVENTH DAY, FIRST SPECIAL SESSION

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MORNING SESSION

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Senate Chamber, Olympia, Monday, March 20, 2000

      The Senate was called to order at 10:30 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, Finkbeiner, Hargrove, McCaslin, Sellar, Sheahan and West. On motion of Senator Honeyford, Senators Benton, Finkbeiner, McCaslin, Sellar and Sheahan were excused. On motion of Senator Hale, Senator West was excused. On motion of Senator Franklin, Senator Bauer was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Kim Harris and Chris Hoel, presented the Colors. Senator Dan Swecker 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 SECRETARY OF STATE


The Honorable Brad Owen

President of the State Senate

Legislature of the State of Washington

Olympia, Washington 98504


Dear President Owen:

      We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objections to the sections or items of the bills, as required by Article III, section 12, of the Washington State Constitution:

                           SUBSTITUTE SENATE BILL NO. 6349


                                                      IN TESTIMONY WHEREOF, I have hereunto set my hand and

                                                      affixed the seal of the State of Washington, this 20th day of

                                                      March, 2000.

RALPH MUNRO

                           (Seal)                                                                                                                                                              Secretary of State



MESSAGE FROM THE GOVERNOR

PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6349


March 17, 2000

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to section 2, Substitute Senate Bill No. 6349 entitled:

"AN ACT Relating to extending the expiration date of the water well delegation program;"

      This bill would have extended the authority of the Department of Ecology to delegate the administration and enforcement of tagging, sealing, and decommissioning of water wells to local health districts or counties until June 30, 2006. By vetoing section 2, the Department's authority will be made permanent.

      Currently, delegation of authority is only provided to local governments that meet the strict requirements of the Department, as set forth in a memorandum of understanding for each delegation. This program has been in place since 1992 and has already received two sunset reviews. It is time to make the program permanent because it is cost effective, and has a proven success record that is resulting in enhanced public health and environmental protections.

      For these reasons, I have vetoed section 2 of Substitute Senate Bill No. 6349.

      With the exception of section 2, Substitute Senate Bill No. 6349 is approved.

Respectfully submitted,

GARY LOCKE, Governor


MOTION


      On motion of Senator Betti Sheldon, the partial veto message on Substitute Senate Bill No. 6349 was held at the desk.


MESSAGE FROM THE GOVERNOR

March 17, 2000


TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that on March 17, 2000, Governor Locke approved the following Senate Bills entitled:

      Engrossed Senate Bill No. 5152

      Relating to clarifying who are appointed personnel for the purpose of public employees' collective bargaining.

      Senate Bill No. 6138

      Relating to disclaimers of interests.

      Substitute Senate Bill No. 6147

      Relating to state parks.

      Substitute Senate Bill No. 6182

      Relating to the effect of changes in law on sentencing provisions.

      Senate Bill No. 6206

      Relating to notification to schools of firearm violations by students.

      Senate Bill No. 6223

      Relating to reorganization of, and technical, clarifying, nonsubstantive amendments to, community supervision and sentencing provisions.

      Senate Bill No. 6237

      Relating to processing fees deducted from earnings withheld due to child support.

      Senate Bill No. 6275

      Relating to authorization for projects recommended by the public works board.

      Substitute Senate Bill No. 6276

      Relating to authorizing inclusion of cities and towns within emergency medical service districts.

      Senate Bill No. 6366

      Relating to false advertising through electronic communication.

      Senate Bill No. 6378

      Relating to extending the expiration date of the enhanced 911 advisory committee.

      Senate Bill No. 6642

      Relating to grounds for disciplinary action against a licensed or certified real estate appraiser.

      Substitute Senate Bill No. 6643

      Relating to disregarding persons confined in state correctional facilities for population counts under the growth management act.

      Senate Bill No. 6667

      Relating to the replacement of license plates for certain commercial vehicles.

      Senate Bill No. 6741

      Relating to the organized crime advisory board.

Sincerely,

EVERETT H. BILLINGSLEA, General Counsel


MOTION


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


SENATE RESOLUTION 2000-8774


By Senators Hochstatter and Fraser


      WHEREAS, Skillful, enthusiastic, and innovative teachers change the lives of countless students for the better and forever, encouraging curiosity and understanding, and by contributing to the development of mind and spirit; and

      WHEREAS, The U. S. Professors of the Year program, sponsored by The Carnegie Foundation for the Advancement of Teaching and administered by the Council for Advancement and Support of Education, is one of the nation’s most highly respected programs to recognize outstanding faculty; and

      WHEREAS, The Washington Professor of the Year represents the thousands of dedicated university and college instructors throughout Washington who serve their students, their community and their state with dedication and talent; and

      WHEREAS, The state of Washington has long supported excellence in undergraduate teaching and initiatives to make our system of higher education the envy of many states and other nations; and

      WHEREAS, The quality of life and the scope of opportunity for many future citizens of Washington will be determined by the quality of teaching in the classroom;

      NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate recognizes and commends Dr. James L. Nimnicht, Professor of Business Administration at Central Washington University, upon being named the 1999 Washington Professor of the Year.

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Dr. James L. Nimnicht and to Central Washington University.


      Senators Hochstatter and Kohl-Welles spoke to Senator Resolution 2000-8774.


INTRODUCTION OF SPECIAL GUESTS


      The President Pro Tempore welcomed and introduced guests from Central Washington University: Dr. James Nimnicht, the Washington State Professor of the Year, and his wife, Kelly; Dr. Roy Savoian, Dean of the College of Business and Economics, and Trustee Nadine Romero, as well as Robin Hunt, Thurston County Treasurer, a Central Washington alumna and a member of the Advisory Board for the College, all seated in the gallery.


MOTION


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


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Goings, Gubernatorial Appointment No. 9281, Joseph J. Pinzone, as a member of the Work Force Training and Education Coordinating Board, was confirmed.

      Senators Goings and Fairley spoke to the confirmation of Joseph J. Pinzone as a member of the Work Force Training and Education Coordinating Board.


APPOINTMENT OF JOSEPH J. PINZONE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

     Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.

     Absent: Senator Hargrove - 1.

     Excused: Senators Bauer, Benton, Finkbeiner, McCaslin, Sellar, Sheahan and West - 7.


MOTION


      On motion of Senator Eide, Senator Hargrove was excused.


MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9254, Christopher S. Knaus, as a member of the Board of Regents for the University of Washington, was confirmed.


APPOINTMENT OF CHRISTOPHER S. KNAUS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

     Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.

     Excused: Senators Bauer, Benton, Finkbeiner, Hargrove, McCaslin, Sellar, Sheahan and West - 8.


MOTION


      On motion of Senator Fairley, Gubernatorial Appointment No. 9290, Judy Schurke, as a member of the Board of Industrial Insurance Appeals, was confirmed.


APPOINTMENT OF JUDY SCHURKE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.

     Voting yea: Senators Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 40.

     Absent: Senator Brown - 1.

     Excused: Senators Bauer, Benton, Finkbeiner, Hargrove, McCaslin, Sellar, Sheahan and West - 8.


MOTION


      On motion of Senator Eide, Senator Brown was excused.


MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9311, Lee Kraft Cressman, as a member of the Board of Trustees for Bellevue Community College District No. 8.

      Senators Kohl-Welles and Thibaudeau spoke to the confirmation of Lee Kraft Cressman as a member of the Board of Trustees for Bellevue Community College.


APPOINTMENT OF LEE KRAFT CRESSMAN


      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, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 39.

     Absent: Senator Snyder - 1.

     Excused: Senators Bauer, Benton, Brown, Finkbeiner, Hargrove, McCaslin, Sellar, Sheahan and West - 9.


MOTION


      On motion of Senator Eide, Senator Snyder was excused.


MOTION


      On motion of Senator Fairley, Gubernatorial Appointment No. 9232, Susan Wilder Crane, as a member of the Washington State Apprenticeship and Training Council, was confirmed.


APPOINTMENT OF SUSAN WILDER CRANE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.

     Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 39.

     Absent: Senator Deccio - 1.

     Excused: Senators Bauer, Benton, Finkbeiner, Hargrove, McCaslin, Sellar, Sheahan, Snyder and West - 9.


MOTION


      On motion of Senator Hale, Senator Deccio was excused.


MOTION


      On motion of Senator Fairley, Gubernatorial Appointment No. 9235, Joseph W. Duffy, as a member of the Public Employment Relations Commission, was confirmed.


APPOINTMENT OF JOSEPH W. DUFFY


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.

     Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 39.

     Absent: Senator McAuliffe - 1.

     Excused: Senators Bauer, Benton, Deccio, Finkbeiner, McCaslin, Sellar, Sheahan, Snyder and West - 9.

 

MOTION


      On motion of Senator Eide, Senator McAuliffe was excused.


MOTION


      On motion of Senator Goings, Gubernatorial Appointment No. 9267, A. Michele Maher, as a member of the Transportation Commission, was confirmed.


APPOINTMENT OF A. MICHELE MAHER


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

     Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.

     Excused: Senators Bauer, Benton, Finkbeiner, McAuliffe, McCaslin, Sellar, Sheahan and West - 8.

 

MOTION

 

      On motion of Senator Fairley, Gubernatorial Appointment No. 9306, Leana D. Lamb, as a member of the Personnel Appeals Board, was confirmed.

 

APPOINTMENT OF LEANA D. LAMB

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

     Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley, Wojahn and Zarelli - 41.

     Absent: Senator Thibaudeau - 1.

     Excused: Senators Bauer, Benton, Finkbeiner, McCaslin, Sellar, Sheahan and West - 7.

 

MOTION


      On motion of Senator Deccio, Senator Rossi was excused.


MOTION


      On motion of Senator Fairley, Gubernatorial Appointment No. 9214, Gerald L. Morgen, as a member of the Personnel Appeals Board, was confirmed.


APPOINTMENT OF GERALD L. MORGEN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

     Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.

     Excused: Senators Bauer, Benton, Finkbeiner, McCaslin, Rossi, Sellar, Sheahan and West - 8.

 

MOTION

 

      On motion of Senator McAuliffe, Gubernatorial Appointment No. 9302, Connie Zink, as a member of the Board of Directors for the State School for the Deaf, was confirmed.

 

APPOINTMENT OF CONNIE ZINK

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8. Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.

     Excused: Senators Bauer, Benton, Finkbeiner, McCaslin, Rossi, Sellar, Sheahan and West - 8.

 

MOTION

 

      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9285, Kevin M. Raymond, as a member of the Board of Trustees for Western Washington University, was confirmed.

 

APPOINTMENT OF KEVIN M. RAYMOND

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

    Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.

     Excused: Senators Bauer, Benton, Finkbeiner, McCaslin, Rossi, Sellar, Sheahan and West - 8.

 

MOTION

 

      At 11:33 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Tuesday, March 21, 2000.

 

BRAD OWEN, President of the Senate

 

TONY M. COOK, Secretary of the Senate