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FORTIETH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, February 19, 1999

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton, Deccio, Hale, Haugen, Jacobsen, Loveland, McCaslin, McDonald, Sellar, Stevens and West. On motion of Senator Honeyford, Senators Benton, Deccio, Hale, McCaslin, McDonald, Sellar, Stevens and West were excused. On motion of Senator Franklin, Senators Haugen, Jacobsen and Loveland were excused.

The Sergeant at Arms Color Guard consisting of Pages Rachel Vacca and Rebecca Isquith, presented the Colors. John Michalovskis of the Bahai' Assembly 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, 1999

SB 5050 Prime Sponsor, Senator Prentice: Describing the treatment of intractable pain with controlled substances. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 5050 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Wojahn, Vice Chair; Costa, Deccio, Franklin, Johnson and Winsley.

Passed to Committee on Rules for second reading.

February 18, 1999

SB 5105 Prime Sponsor, Senator Eide: Changing the definition of public water system. Reported by Committee on Environmental Quality and Water Resources

MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Eide, Vice Chair; Honeyford, McAuliffe, Morton and Swecker.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5111 Prime Sponsor, Senator Franklin: Prohibiting health insurance discrimination on the basis of genetic information. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 5111 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Wojahn, Vice Chair; Costa, Franklin, Johnson and Winsley.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5149 Prime Sponsor, Senator Thibaudeau: Revising provisions relating to occupational therapy. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 5149 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Wojahn, Vice Chair; Costa, Deccio, Franklin, Johnson and Winsley.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5201 Prime Sponsor, Senator Thibaudeau: Increasing fees for the production of certain records. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 5201 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Thibaudeau, Chair; Wojahn, Vice Chair; Deccio, Johnson and Winsley.

Referred to Committee on Ways and Means.

February 17, 1999

SB 5255 Prime Sponsor, Senator Jacobsen: Changing Washington conservation corps provisions. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, West and Wojahn.

Passed to Committee on Rules for second reading.

February 18, 1999

SB 5343 Prime Sponsor, Senator Jacobsen: Requiring that school information be included in the passport provided to foster parents. Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Patterson, Sheahan, Stevens and Zarelli.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5374 Prime Sponsor, Senator Heavey: Making corrective amendments to certain drivers' licensing laws. Reported by Committee on Transportation

MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Horn, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon and Shin.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5432 Prime Sponsor, Senator Fraser: Authorizing charitable deductions from retirement allowances. Reported by Committee on Ways and Means

Passed to Committee on Rules for second reading.

February 18, 1999

SB 5442 Prime Sponsor, Senator Kline: Increasing the defined amount of "nominal deposit" affecting real estate brokers. Reported by Committee on Commerce, Trade, Housing and Financial Institutions

MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Shin, Vice Chair; Benton, Deccio, Gardner, Hale, Heavey, Rasmussen, T. Sheldon, West and Winsley.

Passed to Committee on Rules for second reading.

February 18, 1999

SB 5462 Prime Sponsor, Senator Hargrove: Providing services to the homeless. Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: That Substitute Senate Bill No. 5462 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Patterson, Sheahan, Stevens and Zarelli.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5466 Prime Sponsor, Senator Costa: Revising sanctions for violating conditions of the juvenile offender basic training camp program. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, West and Wojahn.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5503 Prime Sponsor, Senator T. Sheldon: Changing provisions relating to sewer service. Reported by Committee on Ways and Means

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5516 Prime Sponsor, Senator Thibaudeau: Creating the tobacco prevention and control program. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 5516 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Wojahn, Vice Chair; Costa, Deccio, Franklin and Winsley.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5529 Prime Sponsor, Senator Loveland: Clarifying the property tax exemption statutes. Reported by Committee on Ways and Means

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5531 Prime Sponsor, Senator Loveland: Updating the tax code by making administrative clarifications, correcting oversights, and deleting obsolete references. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 5531 be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Roach, Rossi, B. Sheldon, Snyder, Spanel, West and Wojahn.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5542 Prime Sponsor, Senator B. Sheldon: Allowing counties to vote on an additional sales and use tax for emergency communication systems. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Kline, Kohl-Welles, Rasmussen, B. Sheldon, Snyder, Spanel, West and Wojahn.

Passed to Committee on Rules for second reading.

February 18, 1999

SB 5549 Prime Sponsor, Senator Kohl-Welles: Authorizing the secretary of corrections to grant extraordinary medical releases to offenders when specified conditions are met. Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: That Substitute Senate Bill No. 5549 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Patterson, Sheahan, Stevens and Zarelli.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5584 Prime Sponsor, Senator Fraser: Preventing the use of step transactions to avoid real estate excise tax. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, Rasmussen, B. Sheldon, Snyder, Spanel, West and Wojahn.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5617 Prime Sponsor, Senator Horn: Providing exemptions from driver's license requirements for nonresidents. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

February 18, 1999

SB 5664 Prime Sponsor, Senator Costa: Renaming, with regard to adult and juvenile offenders, "community service" as "community restitution." Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Patterson, Sheahan, Stevens and Zarelli.

Passed to Committee on Rules for second reading.

February 17, 1999

SB 5666 Prime Sponsor, Senator Rasmussen: Simplifying acquisitions procedures for wreckers. Reported by Committee on Transportation

MAJORITY Recommendation: That Substitute Senate Bill No. 5666 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Horn, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon and Shin.

Passed to Committee on Rules for second reading.

February 18, 1999

SB 5748 Prime Sponsor, Senator Stevens: Making technical corrections to RCW 13.34.130. Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Patterson, Sheahan, Stevens and Zarelli.

Passed to Committee on Rules for second reading.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

February 18, 1999

GA 9088 ANN ANDERSON, appointed September 15, 1998, for a term ending March 1, 2003, as a member of the Tax Appeals Board.

Reported by Committee on Ways and Means

MAJORITY Recommendation: That said appointment be confirmed: Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fraser, Kohl-Welles, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Wojahn.

Passed to Committee on Rules.

February 18, 1999

GA 9137 HARTLY KRUGER, appointed August 18, 1998, for a term ending January 17, 2002, as a member of the Horse Racing Commission.

Reported by Committee on Commerce, Trade, Housing and Financial Institutions

MAJORITY Recommendation: That said appointment be confirmed: Signed by Senators Prentice, Chair; Benton, Gardner, Hale, Heavey, Rasmussen, T. Sheldon, West and Winsley.

Passed to Committee on Rules.

February 18, 1999

GA 9146 PAT LOVETT, appointed March 17, 1998, for a term ending December 5, 2000, as a member of the Western State Hospital Advisory Board.

Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: That said appointment be confirmed: Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Patterson, Sheahan and Stevens.

Passed to Committee on Rules.

February 18, 1999

GA 9193 GEORGE MASTEN, reappointed January 15, 1999, for a term ending December 31, 2001, as a member of the State Investment Board.

Reported by Committee on Ways and Means

Passed to Committee on Rules.

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

August, 28, 1998

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Michael Spearman, reappointed August 28, 1998, for a term ending August 2, 2001, as a member of the Sentencing Guidelines Commission.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Judiciary.

January 22, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

Dorothy Hollingsworth, appointed January 22, 1999, for a term ending September 30, 2003, as a member of the Board of Trustees for Seattle, South Seattle and North Seattle Community Colleges District No. 6.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Higher Education.

INTRODUCTION AND FIRST READING

SB 5995 by Senators Fraser, Winsley, Prentice, Eide, Fairley, Gardner, Roach, Kohl-Welles, Haugen, Kline, Franklin and Rasmussen

AN ACT Relating to the public retirement systems; amending RCW 41.40.630, 41.40.670, 41.32.765, 41.32.790, 41.32.875, 41.32.880, 41.26.430, 41.26.470, 41.35.420, 41.35.440, 41.35.680, and 41.35.690; adding a new chapter to Title 41 RCW; and providing an effective date.

Referred to Committee on Ways and Means.

SB 5996 by Senators Fraser, Winsley, Roach, Haugen, Bauer, Gardner, Kohl-Welles, Fairley, Kline, Franklin and Rasmussen

Referred to Committee on Ways and Means.

SB 5997 by Senators Eide, Long and Rasmussen

AN ACT Relating to exempting private residences on United States forest service land from the leasehold excise tax; and amending RCW 82.29A.130.

Referred to Committee on Ways and Means.

SB 5998 by Senators McAuliffe, Prentice, Winsley and Jacobsen

AN ACT Relating to bids for school district work or purchase; and amending RCW 28A.335.190.

Referred to Committee on Education.

SB 5999 by Senator Hale

AN ACT Relating to public hospital districts; and adding a new section to chapter 70.44 RCW.

Referred to Committee on State and Local Government.

SB 6000 by Senators Zarelli, Finkbeiner, Oke and Benton

AN ACT Relating to contracts for alternative educational service providers; and amending RCW 28A.150.305.

Referred to Committee on Education.

SB 6001 by Senators Hargrove, Long, Winsley and Rasmussen

AN ACT Relating to the office of the family and children's ombudsman; amending RCW 43.06A.030, 13.34.105, and 13.50.100; adding a new section to chapter 26.12 RCW; adding new sections to chapter 43.06A RCW; and adding a new section to chapter 13.50 RCW.

Referred to Committee on Human Services and Corrections.

SB 6002 by Senators Patterson, McCaslin, Bauer, Benton, Haugen, Goings, Winsley, Gardner, Oke and Rasmussen

AN ACT Relating to implementing the capital facilities and transportation elements of comprehensive plans adopted under the growth management act; amending RCW 36.70A.103, 43.84.092, and 43.84.092; adding a new section to chapter 36.70A RCW; creating a new section; providing an effective date; and providing an expiration date.

Referred to Committee on State and Local Government.

SB 6003 by Senators Snyder, Winsley, Prentice, Wojahn, T. Sheldon and Rasmussen (by request of Governor Locke)

AN ACT Relating to the reorganization of the liquor control board; amending RCW 66.04.010, 66.08.012, 66.08.014, 66.08.016, 66.08.020, 66.08.020, 66.08.022, 66.08.024, 66.08.026, 66.08.030, 66.08.055, 66.08.060, 66.08.070, 66.08.075, 66.08.080, 66.08.090, 66.08.095, 66.08.100, 66.08.130, 66.08.140, 66.08.150, 66.08.170, 66.08.220, 66.08.235, 10.93.020, 19.02.050, 42.17.2401, 43.17.020, and 43.82.010; reenacting and amending RCW 66.08.180 and 43.17.010; adding new sections to chapter 66.08 RCW; creating new sections; repealing RCW 66.08.016 and 66.08.050; and providing an effective date.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SB 6004 by Senators Winsley, Prentice, Hale, Shin, Goings and Rasmussen

AN ACT Relating to certification of resident managers of mobile home parks; adding a new chapter to Title 18 RCW; and prescribing penalties.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SJM 8011 by Senators Sheahan, T. Sheldon, Stevens, Morton, Honeyford, Hochstatter and Oke

Urging elimination of unilateral trade sanctions.

Referred to Committee on Agriculture and Rural Economic Development.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Shin, Gubernatorial Appointment No. 9022, Dr. Jay W. Kim, as a member of the Board of Trustees for Pierce Community College District No. 11, was confirmed.

Senators Shin and Franklin spoke to Dr. Jay W. Kim, as a member of the Board of Trustees for Pierce Community College.

APPOINTMENT OF DR. JAY W. KIM

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 0; Excused, 11.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 38.

Excused: Senators Benton, Deccio, Hale, Haugen, Jacobsen, Loveland, McCaslin, McDonald, Sellar, Stevens and West - 11.

MOTION

On motion of Senator Costa, Gubernatorial Appointment No. 9086, Jenny Wieland, as a member of the Sentencing Guidelines Commission, was confirmed.

APPOINTMENT OF JENNY WIELAND

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 42.

Excused: Senators Deccio, Hale, Haugen, Jacobsen, McCaslin, Stevens and West - 7.

SECOND READING

SENATE BILL NO. 5275, by Senators Bauer, Snyder, Zarelli, Eide, Sellar, Deccio, Haugen, Franklin, Hargrove, Patterson, Heavey, Rasmussen, Shin, Kohl-Welles, Fairley, Fraser, Prentice, Goings, T. Sheldon, Costa, Wojahn, Spanel, Jacobsen, Roach and Hale

Regarding Lewis and Clark bicentennial advisory committee.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5275 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5275.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5275 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

Excused: Senators Deccio, Hale, Jacobsen, McCaslin and Stevens - 5.

SENATE BILL NO. 5275, 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

SENATE BILL NO. 5005, by Senators Loveland, Haugen, Winsley and Rasmussen

Allowing signing of safer routes to tourist-oriented businesses.

The bill was read the second time.

MOTION

On motion of Senator Loveland, the rules were suspended, Senate Bill No. 5005 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5005.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5005 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Excused: Senators Deccio, Hale, Jacobsen, McCaslin and Stevens - 5.

SENATE BILL NO. 5005, 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

SENATE BILL NO. 5358, by Senators Benton, Snyder, Shin, Patterson, Costa, Rasmussen, Finkbeiner, Swecker, T. Sheldon, Sellar, Haugen, Hochstatter, Zarelli, Jacobsen, Heavey, Gardner, Prentice, Rossi, Horn and Stevens

Eliminating motorcycle handlebar height restrictions.

The bill was read the second time.

MOTION

On motion of Senator Benton, the rules were suspended, Senate Bill No. 5358 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5358.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5358 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Excused: Senators Deccio, Hale, Jacobsen, McCaslin and Stevens - 5.

SENATE BILL NO. 5358, 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

SENATE BILL NO. 5094, by Senators Oke, Jacobsen, B. Sheldon, Bauer, Gardner, T. Sheldon, Fairley, Fraser, Winsley, McAuliffe, Long, Eide, Kohl-Welles, Costa, Haugen and McCaslin

Concerning personal flotation devices.

MOTIONS

On motion of Senator Tim Sheldon, Substitute Senate Bill No. 5094 was substituted for Senate Bill No. 5094 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5094 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Morton: “Senator Oke, I am concerned about the wording in the bill. Really, Mr. President, I have three pointed questions. On page 2, line 1, it says, 'appropriate size.' I am wondering if there is a definition of appropriate size of this particular flotation device. Then, page 2, line 5, it says, 'the vessel is underway.' I am wondering if there is a definition of being underway. Are we out on the great sea and drifting with the tide; is that underway? Are we under power, are we under oar, or are we just out there somewhere? Then, finally on page 2, line 11, it says that a child is on a Coast Guard inspected passenger-carrying vessel.

“Now I have two vessels, one is a canoe and one is a little row boat. They both have tags from the United States Coast Guard that give the capacity of the boat, both in pounds and numbers of passengers. Is that what fits here or not? I need some explanation before I can give approval. I think, sir, that I have too many questions to be able to vote affirmatively.”

Senator Oke: “Thank you, Senator Morton. I think I thank you; those are three long questions. The answer to all three of them really lies in Subsection 4 (c), which is a new element of this bill that we had over last year. Your concern is really taken care of by the officers that are out there--giving the infraction--if necessary, insuring that this is being done. It says, 'While on board a vessel, at a time and place where no person would reasonably expect drowning to occur.'”

POINT OF ORDER

Senator Heavey: “Thank you, Mr. President, a point of order. I would like to remind the body that when we ask colloquies or we spread the remarks on the Journal, that we are imposing a lot of work on the staff. So, if we could refrain, unless we have it well worked in advance what the question and answer would be, I think it would be appreciated by everybody.”

Further debate ensued.

CALL FOR THE PREVIOUS QUESTION

Senators Snyder, Franklin, and Prentice called for the previous question and the demand was sustained.

The President declared the question before the Senate to be shall the main question be now put.

The demand for the previous question carried.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5094.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5094 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 10; Absent, 0; Excused, 5.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 34.

Voting nay: Senators Benton, Finkbeiner, Hochstatter, Honeyford, Horn, Morton, Roach, Sellar, West and Zarelli - 10.

Excused: Senators Deccio, Hale, Jacobsen, McCaslin and Stevens - 5.

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.

SECOND READING

SENATE BILL NO. 5309, by Senator Haugen

Technically editing chapter 46.20 RCW.

MOTIONS

On motion of Senator Gardner, Substitute Senate Bill No. 5309 was substituted for Senate Bill No. 5309 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 5309 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5309.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5309 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Excused: Senators Deccio, Hale, Jacobsen, McCaslin and Stevens - 5.

SUBSTITUTE SENATE BILL NO. 5309, 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.

PERSONAL PRIVILEGE

Senator Heavey: “A point of personal privilege, Mr. President. The gentleman from the Fourth District isn't here today, so I think it is appropriate, having just suffered through what we did, to mention the first speech of the lady from the Forty-Second District, which sounded like the ear-splitting shriek of a diseased camel. Having inflicted that pain on the membership, she will have to, or she should be considerate and give us a little something for the pain which we went through and a gift would be in order. Thank you.”

PERSONAL PRIVILEGE

Senator Gardner: “A point of personal privilege, Mr. President. I am going to have to bow to the Senator's superior knowledge of camels. I do have something for you. I do regret that Senator McCaslin is absent, because I know he does get hungry at this time of day. I wanted to assure him that I had something for him to eat. I also know that you have heard me speak of Blaine and what a wonderful place to live, so I wanted to give you a map of the Forty-Second District with Blaine prominently featured, so that you can not only see where we are, but you can enjoy this treat that is made in Blaine and see that we truly have everything there. Thank you.”

SECOND READING

SENATE BILL NO. 5195, by Senators Heavey, Johnson, Kline and Winsley

Protecting employee benefits.

MOTIONS

On motion of Senator Heavey, Substitute Senate Bill No. 5195 was substituted for Senate Bill No. 5195 and the substitute bill was placed on second reading and read the second time.

Senator Heavey moved that the following amendment be adopted:

On page 3, line 3, after "41.32," insert "41.34, 41.35,"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Heavey on page 3, line 3, to Substitute Senate Bill No. 5195.

The motion by Senator Heavey carried and the amendment was adopted by voice vote.

MOTION

On motion of Senator Honeyford, Senator McDonald was excused.

MOTION

On motion of Senator Heavey, the rules were suspended, Engrossed Substitute Senate Bill No. 5195 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5195.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5195 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

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

Excused: Senators Deccio, Hale, Jacobsen, McCaslin, McDonald and Stevens - 6.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5195, 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 Loveland, the following resolution was adopted:

SENATE RESOLUTION 1999-8612

By Senator Loveland

WHEREAS, Winning the state football championship is the pinnacle of sports for high school football teams throughout Washington; and

WHEREAS, The Touchet High School “Indians” had a perfect record, going unbeaten the entire season; and

WHEREAS, With a school enrollment of just forty-seven students, more than half the school is on the twenty-six member football team; and

WHEREAS, Touchet High School scored 465 points during the regular season and an additional 198 points during the playoffs for an incredible total of 663 points scored over twelve games; and

WHEREAS, During this the 1998-99 school year, Touchet High School won its third state football B-8 championship by a score of 71-48; and

WHEREAS, Touchet’s student-athletes exemplify the qualities of commitment to a common goal, perseverance, and dedication; and

WHEREAS, Following the leadership of coaches Wayne Dickey, Gary Dorman, Donny Weaver, and Leland Weber, the players learned and practiced the values of discipline, initiative, confidence, leadership, fitness, and pride;

NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate honor and recognize the hard work and achievement of the student athletes and coaches at Touchet High School — the 1998 B-8 State Football Champions.

BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit a copy of this resolution to Wayne Dickey, head football coach at Touchet High School.

MOTION

At 11:16 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 11:51 a.m. by President Owen.

MOTION

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

SENATE RESOLUTION 1999-8613

By Senator Loveland

WHEREAS, Winning the state football championship is the highest achievement possible for student players; and

WHEREAS, Pasco High School, in just its first appearance in any playoff game, clinched the state 4A football title by a score of 17-0, also known as a “shutout”; and

WHEREAS, An estimated 5,000 Pasco “Bulldog” fans not only followed the season in great numbers during the conference games, but also braved stormy, snowy roads across the Cascade Mountains to cheer their team on during the playoffs; and

WHEREAS, The Pasco “Bulldogs” exemplify teamwork by recognizing that no win can be achieved by star performance alone but, rather, by collective effort; and

WHEREAS, The student athletes on this team achieved their success through hard work, long days, perseverance, and personal sacrifice; and

WHEREAS, Under the skillful guidance of dedicated coaches Steve Graff, Dave Spray, Kevin Pedersen, Don Hogue, Andy Troxel, and Billy Templeton, the players learned and practiced the values of discipline, initiative, confidence, leadership, fitness, and pride;

NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate honor and recognize the exceptional achievement reached by the student athletes and coaches at Pasco High School - the 1998 4A State Football Champions.

BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit a copy of this resolution to Steve Graff, head football coach at Pasco High School.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced members of the 1998 State 4A Championship Football Team, the Pasco Bulldogs, who were seated in the gallery.

MOTION

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

SENATE RESOLUTION 1999-8611

By Senator Loveland

WHEREAS, The DeSales Irish from Walla Walla may be on the road to a football legacy by winning their second consecutive B-11 high school football championship; and

WHEREAS, The winning football trophy will join the seven consecutively-won Class B baseball championship trophies DeSales has earned; and

WHEREAS, With a student body of seventy-one, DeSales players know and practice the values of community, mutual support, and collective effort; and

WHEREAS, The student-athletes of the Irish achieved their back-to-back champion success by dedicating long hours after school to practice while still keeping up with their academic studies; and

WHEREAS, Under the leadership of head coach Pat Graham, the athletes learned the importance of discipline, goal-setting, leadership, fitness, and pride;

NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate honor and recognize the exceptional achievement reached by the student athletes and coaches at DeSales High School - the 1998 B-11 State Football Champions.

BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit a copy of this resolution to Pat Graham, head football coach at DeSales High School.

MOTION

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

SENATE RESOLUTION 1999-8632

By Senators Snyder, Fraser and Rasmussen

WHEREAS, The year 1999 marks the two hundredth anniversary of the death of America's Founding Father, George Washington; and

WHEREAS, George Washington was the indispensable figure in the creation of the United States of America, and served our nation as its first Commander in Chief and President with unparalleled distinction; and

WHEREAS, George Washington modeled for the world the peaceful transference power, a cornerstone of democracy; and

WHEREAS, George Washington, in the first presidential inaugural address, challenged all Americans with the task of preserving, for all ages, the "sacred fire of liberty"; and

WHEREAS, In 1853, the Territory of Washington was so named for the nation's hero; and

WHEREAS, In 1889, the state of Washington joined the Union as the Forty-Second State and became the only state named for a President;

NOW, THEREFORE, BE IT RESOLVED, That the Senate proclaim 1999 as George Washington Year to celebrate the life and legacies of George Washington: First in War, First in Peace, and First in the Hearts of His Countrymen.

Senators Snyder, Fraser and Shin spoke to Senate Resolution 1999-8632

MOTION

At 12:01 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, February 22, 1999.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate