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TWENTY-NINTH DAY, FIRST SPECIAL SESSION
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, May 23, 2001
The Senate was called to order at 10:00 a.m. by President Pro Tempore Franklin. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Benton, Costa, Deccio, Finkbeiner, Johnson, Kline, McCaslin, Oke, Roach, West and Zarelli. On motion of Senator Eide, Senators Costa and Kline were excused. On motion of Senator Honeyford, Senators Benton, Deccio, Finkbeiner, Johnson, McCaslin, Oke, Roach, West and Zarelli were excused.
The Sergeant at Arms Color Guard, consisting of staff members Nancy Peterson and Erin Herhily, presented the Colors. Senator Georgia Gardner 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 HOUSE
May 22, 2001
MR. PRESIDENT:
The House has passed SECOND ENGROSSED HOUSE BILL NO. 2168, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILL
2EHB 2168 by Representatives Conway, Schoesler, O'Brien, Ballasiotes, Danielle, Kirby and Hunt
Regulating siting of essential state community justice facilities.
MOTION
On motion of Senator Betti Sheldon, Second Engrossed House Bill No. 2168 was held at the desk.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Gardner, Gubernatorial Appointment No. 9081, Debra Jones, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.
APPOINTMENT OF DEBRA JONES
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 0; Excused, 11.
Voting yea: Senators Brown, Carlson, Constantine, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 38.
Excused: Senators Benton, Costa, Deccio, Finkbeiner, Johnson, Kline, McCaslin, Oke, Roach, West and Zarelli - 11.
PERSONAL PRIVILEGE
Senator Eide: "A point of personal privilege, Madam President. I would like you to know that Senator Costa's mother has been seriously ill for the past couple of days. Today, they are going to take her off of the life support system. I would ask you for your prayers and Senator Costa is asking you for your prayers. It is going to be a very difficult day for her. Thank you."
MOMENT OF SILENCE FOR SENATOR COSTA'S MOTHER
The Senate stood for a moment of silence remembering Senator Costa’s mother.
MOTION
On motion of Senator Gardner, Gubernatorial Appointment No. 9086, Steven W. Koch, as a member of the Board of Trustees for Bellingham Technical College, was confirmed.
APPOINTMENT OF STEVEN W. KOCH
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 43.
Excused: Senators Benton, Costa, McCaslin, Oke, West and Zarelli - 6.
MOTION
At 10:19 a.m. on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 11:09 a.m. by President Pro Tempore Franklin.
THIRD READING
SENATE BILL NO. 5082, by Senators Haugen, T. Sheldon, Rasmussen and Gardner
Defining rural counties for purposes of sales and use tax for public facilities in rural counties.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5082.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5082 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 43.
Absent: Senator Brown - 1.
Excused: Senators Benton, Costa, McCaslin, Oke and West - 5.
SENATE BILL NO. 5082, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTIONS
On motion of Senator Eide, Senator Brown was excused.
On motion of Senator Honeyford, Senator Parlette was excused.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5236, by Senate Committee on Human Services and Corrections (originally sponsored by Senators Kohl-Welles, Long, Thibaudeau, Costa, McAuliffe, Eide, Stevens, Fairley, Prentice, Franklin, Fraser, Carlson, Spanel, Regala, Hargrove, Oke and Patterson)
Ensuring the health and safety of newborn infants who have been abandoned and exempting from criminal liability persons who abandon them into the custody of a qualified person.
The bill was read the third time.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5236.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5236 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 42.
Excused: Senators Benton, Brown, Costa, McCaslin, Oke, Parlette and West - 7.
SUBSTITUTE SENATE BILL NO. 5236, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
May 22, 2001
2SHB 1058 Prime Sponsor, House Committee on Appropriations: Providing assistance to treat breast and cervical cancer. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Fairley, Vice-Chair; Fraser, Hewitt, Honeyford, Kline, Kohl-Welles, Long, Parlette, Regala, Rossi, Sheahan, B. Sheldon, Snyder, Spanel and Zarelli.
May 22, 2001
EHB 1845 Prime Sponsor, Representative Sehlin: Increasing the fee for a surface mining reclamation permit. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Kline, Kohl-Welles, Rasmussen, Regala, B. Sheldon, Snyder, Spanel and Thibaudeau.
MINORITY Recommendation: Do not pass. Signed by Senators Hewitt, Honeyford, Rossi and Sheahan.
May 22, 2001
HB 2098 Prime Sponsor, Representative Edmonds: Changing the property tax exemption for very low-income households. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Kline, Kohl-Welles, Rasmussen, Regala, B. Sheldon, Snyder, Spanel and Zarelli.
May 22, 2001
EHB 2260 Prime Sponsor, Representative Cairnes: Changing the tax treatment of grocery distribution cooperatives. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Hewitt, Long, Parlette, Rasmussen, Rossi, Sheahan, B. Sheldon, Snyder, Spanel and Zarelli.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Second Substitute House Bill No. 1058, Engrossed House Bill No. 1845, House Bill No. 2098, and Engrossed House Bill No. 2260 were advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the seventh order of business.
MOTION
On motion of Senator Honeyford, Senator Rossi was excused.
THIRD READING
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5094, by Senate Committee on Ways and Means (originally sponsored by Senators T. Sheldon, Sheahan, Gardner, Honeyford, Hargrove and Costa)
Authorizing sales and use tax exemptions for call centers.
The bill was read the third time.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5094.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5094 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 40.
Absent: Senator Hewitt - 1.
Excused: Senators Benton, Brown, Costa, McCaslin, Oke, Parlette, Rossi and West - 8.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5094, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
ENGROSSED HOUSE BILL NO. 2260, by Representatives Cairnes, Morris, Kessler, Linville, McMorris, Doumit, Anderson, Hatfield, Poulsen, Crouse, Veloria, Benson, DeBolt, Reardon, Ericksen, Armstrong, Dunshee, Mastin and Delvin
Changing the tax treatment of grocery distribution cooperatives.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Engrossed House Bill No. 2260 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2260, under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2260, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Carlson, Constantine, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 40.
Absent: Senator Finkbeiner - 1.
Excused: Senators Benton, Brown, Costa, McCaslin, Oke, Parlette, Rossi and West - 8.
ENGROSSED HOUSE BILL NO. 2260, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
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MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Honeyford, the following resolution was adopted:
SENATE RESOLUTION 2001-8699
By Senators Honeyford and Hewitt
WHEREAS, acts of heroism are special but rare; and
WHEREAS, on the afternoon of March 28, 2001, Chris Navarro and Jaime Navarette selflessly gave of themselves to save the life of Tomas Alvarado; and
WHEREAS, Chris Navarro risked his life by entering the burning home of Tomas Alvarado to see if Mr. Alvarado was still in the home; and
WHEREAS, Chris Navarro found his uncle still sleeping in the home and succeeded in awakening him and getting him to the window where Jaime Navarette assisted Chris Navarro in lifting Mr. Alvarado out of a window and on to safety; and
WHEREAS, firefighters who responded to the fire noted that Mr. Alvarado might not have survived the fire without the assistance of the young men;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognizes and honors the truly heroic actions of Chris Navarro and Jaime Navarette, as they selflessly gave of themselves to ensure that the life of another was spared; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the Navarro and Navarette families.
MOTION
On motion of Senator McAuliffe, the following resolution was adopted:
SENATE RESOLUTION 2001-8701
By Senator McAuliffe
WHEREAS, Northshore School District celebrates thirteen years of the C.P. Johnson Humanitarian Awards; and
WHEREAS, in 1987, Northshore School District Board became the first recipient of an annual Washington State Award for Excellence in Education, presented by then Governor Booth Gardner, and given to one school board each year; and
WHEREAS, the school board members elected to use their award money to establish the CP Johnson Humanitarian Award beginning in 1989, to be presented to two students annually who exemplify humanitarianism; and
WHEREAS, The CP Johnson Humanitarian award was established to honor Clifford Paul Johnson, Northshore School District’s first Coordinator of Minority Studies, and to uphold his legacy of knowledge and awareness of ethnicity, prejudice and acceptance of others; and
WHEREAS, The CP Johnson Humanitarian Award designated the month of March as the month to celebrate humanitarianism in all Northshore Schools with diversity appreciation assemblies, programs, and the selection of two students from each school who continue CP Johnson’s legacy; and
WHEREAS, The district guidelines require the award recipients to promote understanding and harmony and value the differences among people; and
WHEREAS, CP Johnson Humanitarian Award recipients also work to peacefully resolve conflicts, take risks to improve situations, maintain a positive outlook, and applaud and support others in their endeavors; and
WHEREAS, Like, CP Johnson, these students work cooperatively with others, are thoughtful and kind and sensitive to the feelings of others, and treat others with respect and dignity and practice humanitarian behaviors continuously; and
WHEREAS, CP Johnson’s wife Dorothy, her mother Mabel Harris, Dorothy’s sister Freddie, and her children Robert Braxton, Dorothy Braxton, and Freddie Marie Parker have also made significant contributions to education, their church, and their community and have made this award possible;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate recognize and salute the efforts of those in the Northshore School District, the family of CP Johnson, and Humanitarian Award Recipients for their dedication to and commitment to enrich the lives of others; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to the Northshore School District Board of Directors and Dorothy Johnson.
MOTION
At 12:00 noon, 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 Pro Tempore Franklin.
MOTIONS
On motion of Senator Eide, Senators Constantine and Fairley were excused.
On motion of Senator Honeyford, Senator Zarelli was excused.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9104, Alan R. Parker, as a member of the Gambling Commission, was confirmed.
APPOINTMENT OF ALAN R. PARKER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 32; Nays, 2; Absent, 6; Excused, 9.
Voting yea: Senators Carlson, Eide, Franklin, Fraser, Gardner, Hale, Hewitt, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker and Thibaudeau - 32.
Voting nay: Senators Hochstatter and Honeyford - 2.
Absent: Senators Deccio, Finkbeiner, Hargrove, Haugen, McAuliffe and Winsley - 6.
Excused: Senators Benton, Brown, Constantine, Costa, Fairley, McCaslin, Oke, West and Zarelli - 9.
MOTIONS
On motion of Senator Eide, Senators Hargrove, Haugen and McAuliffe were excused.
On motion of Senator Honeyford, Senator Finkbeiner was excused.
MOTION
On motion of Senator Carlson, Gubernatorial Appointment No. 9150, Addison Jacobs, as a member of the Board of Trustees for Clark Community College District No. 14, was confirmed.
APPOINTMENT OF ADDISON JACOBS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 0; Absent, 0; Excused, 13.
Voting yea: Senators Carlson, Deccio, Eide, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 36.
Excused: Senators Benton, Brown, Constantine, Costa, Fairley, Finkbeiner, Hargrove, Haugen, McAuliffe, McCaslin, Oke, West and Zarelli - 13.
MOTION
On motion of Senator Snyder, Gubernatorial Appointment No. 9074, Judy Guenther, as a member of the Board of Trustees for Centralia Community College District No. 12, was confirmed.
APPOINTMENT OF JUDY GUENTHER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 0; Excused, 11.
Voting yea: Senators Carlson, Constantine, Deccio, Eide, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 38.
Excused: Senators Benton, Brown, Costa, Fairley, Finkbeiner, Hargrove, Haugen, McCaslin, Oke, West and Zarelli - 11.
MOTION
On motion of Senator Winsley, Gubernatorial Appointment No. 9102, Helen Nelson-Throssell, as a member of the Professional Educator Standards Board, was confirmed.
APPOINTMENT OF HELEN NELSON-THROSSELL
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9
Voting yea: Senators Carlson, Constantine, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 40.
Excused: Senators Benton, Brown, Costa, Fairley, Hargrove, McCaslin, Oke, West and Zarelli - 9.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2025, by House Committee on Appropriations (originally sponsored by Representatives Santos, Talcott, Quall, Keiser, Ogden, Tokuda, Schual-Berke and Kenney)
Changing transitional bilingual instruction program provisions.
The bill was read the second time.
MOTION
Senator McAuliffe moved that the following amendment by Senators McAuliffe and Finkbeiner be adopted:
On page 2, last line of section 2 subsection (4), insert the following: "The legislature shall approve and provide funding for the evaluation system in subsection (3) of this section before any implementation of the system developed under subsection (3) may occur."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe and Finkbeiner on page 2, last line of section 2, to Engrossed Second Substitute House Bill No. 2025.
The motion by Senator McAuliffe carried and the amendment was adopted.
MOTION
On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute House Bill No. 2025, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill 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 Second Substitute House Bill No. 2025, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2025, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 1; Absent, 0; Excused, 8.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 40.
Voting nay: Senator Hochstatter - 1.
Excused: Senators Benton, Costa, Fairley, Hargrove, McCaslin, Oke, West and Zarelli - 8.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2025, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1058, by House Committee on Appropriations (originally sponsored by Representatives Ruderman, Campbell, Cody, Skinner, Linville, Barlean, Lovick, Doumit, Ballasiotes, Lambert, Cox, Gombosky, Schual-Berke, Darneille,Van Luven, Ogden, Conway, Keiser, O’Brien, Edmonds, Anderson, Edwards, McDermott, Haigh, Kenney, Kirby, Kagi, Hunt, Esser, McIntire and Jackley)
Providing assistance to treat breast and cervical cancer.
The bill was read the second time.
MOTION
On motion of Senator Kastama, the rules were suspended, Second Substitute House Bill No. 1058 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1058, under suspension of the rules.
..
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1058, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 42.
Excused: Senators Benton, Costa, Fairley, McCaslin, Oke, West and Zarelli - 7.
SECOND SUBSTITUTE HOUSE BILL NO. 1058, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the seventh order of business.
THIRD READING
ENGROSSED SENATE BILL NO. 5686, by Senators Eide, Rasmussen, Kohl-Welles, McAuliffe and Carlson (by request of Governor Locke)
Changing academic assessments timelines.
MOTION
O motion of Senator Eide, the rules were suspended, Engrossed Senate Bill No. 5686 was returned to second reading and read the second time.
MOTION
On motion of Senator Eide, the following striking amendment by Senators Eide and Carlson was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.655.060 and 1999 c 373 s 501 are each amended to read as follows:
(1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, to review current school district data reporting requirements and make recommendations on what data is necessary for the purposes of accountability and meeting state information needs, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from statewide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
(2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.
(3) The commission, with the assistance of the advisory committees, shall:
(a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;
(b)(i) The commission and superintendent of public instruction shall develop a statewide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has learned the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures. Performance standards for determining if a student has successfully completed an assessment shall be determined by the commission and the superintendent of public instruction in consultation with the advisory committees required in subsection (2) of this section.
(ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not learned the essential academic learning requirements at the appropriate periods in the student's educational development.
(iii) Assessments measuring the essential academic learning requirements shall be available for voluntary use by school districts and shall be required to be administered by school districts according to the following schedule unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements.
Assessments Assessments
available for required to be
voluntary use administered
(School years) (School years)
Reading, Writing,
Communication, Mathematics
- Elementary school 1996-97 1997-98
- Middle school 1997-98 2000-01
- High school 1998-99 2000-01
Science
- ((Middle and)) High ((1999-00)) 2002-03 ((2000-01)) 2003-04
school
- Middle school 2002-03 2003-04
- Elementary school ((2001-02)) 2003-04 2004-05
Social Studies
- Elementary, middle, ((2002-03)) 2004-05 ((2005-06)) 2007-08
and high school
Arts
- Middle and high ((2003-04)) 2005-06 ((2006-07))
school 2008-09
- Elementary school ((2003-04)) 2005-06 ((2007-08)) 2009-10
Health, Fitness
- Middle and high ((2003-04)) 2005-06 ((2006-07))
school 2008-09
- Elementary school ((2003-04)) 2005-06 ((2007-08))
2009-10
The completed assessments and assessments still in development shall be transferred by the commission on student learning to the superintendent of public instruction by June 30, 1999.
(iv) To the maximum extent possible, the commission and the superintendent of public instruction shall integrate knowledge and skill areas in development of the assessments.
Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(v) The commission on student learning may modify the essential academic learning requirements and the assessments, as needed, before June 30, 1999. The superintendent of public instruction may modify the essential academic learning requirements and the assessments, as needed, after June 30, 1999. The commission and superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.
(vi) The commission and the superintendent of public instruction shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;
(c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education. Any middle school, junior high school, or high school using educational pathways shall ensure that all participating students will continue to have access to the courses and instruction necessary to meet admission requirements at baccalaureate institutions. Students shall be allowed to enter the educational pathway of their choice. Before accepting a student into an educational pathway, the school shall inform the student's parent of the pathway chosen, the opportunities available to the student through the pathway, and the career objectives the student will have exposure to while pursuing the pathway. Parents and students dissatisfied with the opportunities available through the selected educational pathway shall be provided with the opportunity to transfer the student to any other pathway provided in the school. Schools may not develop educational pathways that retain students in high school beyond the date they are eligible to graduate, and may not require students who transfer between pathways to complete pathway requirements beyond the date the student is eligible to graduate;
(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;
(e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;
(f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;
(g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;
(h) Review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The commission on student learning shall report recommendations to the joint select committee on education restructuring by September 15, 1996, on:
(i) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and
(ii) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under this section;
(i) Recommend to the legislature, governor, state board of education, and superintendent of public instruction:
(i) A statewide accountability system to monitor and evaluate accurately and fairly at elementary, middle, and high schools the level of learning occurring in individual schools and school districts with regard to the goals included in RCW 28A.150.210 (1) through (4). The accountability system must assess each school individually against its own baseline, schools with similar characteristics, and schools statewide. The system shall include school-site, school district, and state-level accountability reports;
(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements as measured by performance on the elementary, middle school, and high school assessments;
(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements or meet the standards established for the elementary, middle school, and high school assessments; and
(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline, schools with similar characteristics, and the statewide average. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements and progress on meeting the statewide average. School staff shall determine how the awards will be spent.
The commission shall make recommendations regarding a statewide accountability system for reading in grades kindergarten through four by November 1, 1997. Recommendations for an accountability system in the other subject areas and grade levels shall be made no later than June 30, 1999;
(j) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and
(k) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.
(4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.
(6) The commission shall select an entity to provide staff support and the office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
(7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(8)(a) By September 30, 1997, the commission on student learning, the state board of education, and the superintendent of public instruction shall jointly present recommendations to the education committees of the house of representatives and the senate regarding the high school assessments, the certificate of mastery, and high school graduation requirements.
In preparing recommendations, the commission on student learning shall convene an ad hoc working group to address questions, including:
(i) What type of document shall be used to identify student performance and achievement and how will the document be described?
(ii) Should the students be required to pass the high school assessments in all skill and content areas, or only in select skill and content areas, to graduate?
(iii) How will the criteria for establishing the standards for passing scores on the assessments be determined?
(iv) What timeline should be used in phasing-in the assessments as a graduation requirement?
(v) What options may be used in demonstrating how the results of the assessments will be displayed in a way that is meaningful to students, parents, institutions of higher education, and potential employers?
(vi) Are there other or additional methods by which the assessments could be used to identify achievement such as endorsements, standards of proficiency, merit badges, or levels of achievement?
(vii) Should the assessments and certificate of mastery be used to satisfy college or university entrance criteria for public school students? If yes, how should these methods be phased-in?
(b) The ad hoc working group shall report its recommendations to the commission on student learning, the state board of education, and the superintendent of public instruction by June 15, 1997. The commission shall report the ad hoc working group's recommendations to the education committees of the house of representatives and senate by July 15, 1997. Final recommendations of the commission on student learning, the state board of education, and the superintendent of public instruction shall be presented to the education committees of the house of representatives and the senate by September 30, 1997.
(9) The Washington commission on student learning shall expire on June 30, 1999."
MOTIONS
On motion of Senator Eide, the following title amendment was adopted
On page 1, line 1 of the title, after "timelines;" strike the remainder of the title and insert "and amending RCW 28A.655.060."
On motion of Senator Eide, the rules were suspended, Second Engrossed Senate Bill No. 5686, under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Carlson: "Senator Eide, there was a small change in the middle school figuring and some of our folks did not know about that. Could you explain that item please?"
Senator Eide: "Was that your amendment, sir, about social studies?"
Senator Carlson: "No, it was the middle school--the middle school area. It was the timeline requested by the Superintendent of Public Instruction."
Senator Eide: "Oh yes, it was regarding the science timelines. That was the one where I did the error. It should be 2002 , 2003. That is a change from 2001, 2002. Thank you for that clarification."
Further debate ensued.
POINT OF INQUIRY
Senator Kohl-Welles: "Senator Hochstatter, I am curious about this study that you have that indicates that the tests are biased in favor of the girls, because every standardized test that I know of has the male students going, overall, at higher rates than the females. There has been a lot of research that has indicated that gender bias, in fact, when it does exist--exits in terms of bias against female students." Senator Hochstatter: "As soon you ask me a question, I will talk again."
Senator Kohl-Welles: "I did ask you a question. What study are you referring to?"
Senator Hochstatter: "Thank you for asking that, Senator Kohl-Welles. The data that I have here--and forgive me for brutalizing you again--the data that I have here came from OSPI. This is their data. These are state scores put together from all across the state. What really gets in my craw, they knew it, why wasn't there a press release sent out?"
Senator Kohl-Welles: "Senator Hochstatter, so the scores show that female students scored higher? It is not the study you are referring to that is saying there is bias in the test?"
Senator Hochstatter: "Yes. If I could proceed just a little bit more here. The reading test is answered with one word, but the math test-- and understand that this is where us macho-types do well--the math test requires whole sentences or even paragraphs to answer."
Senator Kohl-Welles: "How shocking!"
Senator Hochstatter: "Well, or how biased--because us wonderful male egos are level by the writing requirement in the math exam."
Senator Kohl-Welles: "So---”
Senator Hochstatter: "I think we are going to have to get together."
Further debate ensued.
POINT OF INQUIRY
Senator Patterson: "Senator Hochstatter, seriously do you think that perhaps that this is very valuable information that can help our public educators to come to terms with the fact that male children, perhaps, could benefit from different teaching techniques or different techniques that they are receiving in the public school system? As a mother of a male child, I know that he was different in the way he learned and maybe it is not the test’s fault, but this is a clue and this is something we can learn from?"
Senator Hochstatter: "Thank you, Senator Patterson. I don't whole heartedly agree. I am trying to get information on the CTBS, the IOWA, the NAEP, the ACT, the SAT, so that we can compare those and say, 'Do they all show a gender bias?’ If they do, then we can say, 'Yes, we are learning something.' I am blaming the WSAL for having that gender bias. It is generally worked out of other tests and so, yes, we do learn differently. I think whatever that test is, it is exaggerated by that, so, thank you for asking."
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Engrossed Senate Bill No. 5686, under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed Senate Bill No. 5686, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 6; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Winsley - 36.
Voting nay: Senators Hewitt, Hochstatter, Honeyford, Morton, Stevens and Swecker - 6.
Excused: Senators Benton, Costa, Fairley, McCaslin, Oke, West and Zarelli - 7.
SECOND ENGROSSED SENATE BILL NO. 5686, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Eide, Gubernatorial Appointment No. 9118, Ron Scutt, as a member of the Professional Educator Standards Board, was confirmed.
APPOINTMENT OF RON SCUTT
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 42.
Excused: Senators Benton, Costa, Fairley, McCaslin, Oke, West and Zarelli - 7.
MOTION
On motion of Senator Shin, Gubernatorial Appointment No. 9009, Martha Choe, as the Director of the Department of Community, Trade and Economic Development, was confirmed.
Senators Shin, Thibaudeau and Tim Sheldon spoke to the confirmation of Martha Choe as Director of the Department of Community, Trade and Economic Development.
APPOINTMENT OF MARTHA CHOE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 40.
Absent: Senator Hargrove - 1.
Excused: Senators Benton, Costa, Fairley, McCaslin, Oke, Roach, West and Zarelli - 8.
MOTION
On motion of Senator Eide, Senator Jacobsen was excused.
MOTION
On motion of Senator Eide, Gubernatorial Appointment No. 9061, Carol Coar, as a member of the Professional Educator Standards Board, was confirmed.
APPOINTMENT OF CAROL COAR
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 42.
Excused: Senators Benton, Costa, Fairley, Jacobsen, McCaslin, Oke and West - 7.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the first order of business.
REPORT OF STANDING COMMITTEE
May 22, 2001
SB 6187 Prime Sponsor, T. Sheldon: Expanding the definition of "public facilities" for purposes of the use of certain revenues in rural counties. Reported by Committee on Economic Development and Telecommunications
MAJORITY Recommendation: Do pass. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Haugen, Rossi and Stevens.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Senate Bill No. 6187 was advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
May 23, 2001
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5407,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6007, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President Signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5407,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6007.
MOTION
At 2:44 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Thursday, May 24, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate