NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.


FOURTEENTH DAY, FIRST SPECIAL SESSION

------------

MORNING SESSION

------------


Senate Chamber, Olympia, Thursday, March 23, 2000

      The Senate was called to order at 10:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Deccio, Finkbeiner and Sellar. On motion of Senator Honeyford, Senator Sellar was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Kim Harris and David Olson, presented the Colors. Senator Jim Hargrove 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.


REPORT OF STANDING COMMITTEE

March 23, 2000

SB 6080             Prime Sponsor, Senator Haugen: Making supplemental transportation appropriations. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 6080 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Costa, Eide, Heavey, Jacobsen, Patterson, Prentice, T. Sheldon and Shin.


MOTION


      On motion of Senator Betti Sheldon, the standing committee report on Senate Bill No. 6080 was held on the desk.


MESSAGE FROM THE GOVERNOR


March 22, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that on March 22, 2000, Governor Locke approved the following Senate Bills entitled:

      Substitute Senate Bill No. 5590

      Relating to which health professionals may sign a request to have oral education administered by school employees.

      Substitute Senate Bill No. 5805

      Relating to completion of prescriptive authority for advanced registered nurse practitioners.

      Substitute Senate Bill No. 5932

      Relating to general obligation bond debt service payments from the community and technical college projects account.

      Substitute Senate Bill No. 6071

      Relating to duties of drivers involved in accidents.

      Senate Bill No. 6121

      Relating to the continuation of the diabetes cost reduction act.

      Senate Bill No. 6190

      Relating to the expeditious resolution of public use disputes in eminent domain proceedings.

      Substitute Senate Bill No. 6210

      Relating to technical and clarifying amendments relating to the oil spill prevention and response statutes.

      Substitute Senate Bill No. 6213

      Relating to guidelines for emergency medical personnel when dealing with directives.

      Substitute Senate Bill No. 6244

      Relating to the extension of juvenile court jurisdiction to enforce a penalty assessment.

      Senate Bill No. 6285

      Relating to establishing Pearl Harbor remembrance day.

      Engrossed Substitute Senate Bill No. 6295

      Relating to garnishment proceedings.

      Substitute Senate Bill No. 6351

      Relating to superior court commissioners.

      Substitute Senate Bill No. 6375

      Relating to clarifying timelines, information sharing, and evidentiary standards in mental health competency procedures.

      Substitute Senate Bill No. 6382

      Relating to dependent persons.

      Substitute Senate Bill No. 6459

      Relating to use of identifying information.

      Engrossed Substitute Senate Bill No. 6487

      Relating to information concerning mental health services provided to offenders.

      Senate Bill No. 6570

      Relating to judicial authority in truancy petitions.

      Substitute Senate Bill No. 6740

      Relating to service credit for a member of the Washington state patrol retirement system during paid leave of absence.

      Engrossed Substitute Senate Bill No. 6761

      Relating to agreements for the operation of correctional facilities and programs in any other state.

Sincerely,

EVERETT H. BILLINGSLEA, General Counsel


MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT


March 8, 2000

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.

      Larry Simoneaux, appointed March 8, 2000, for a term ending December 26, 2000, as a member of the Board of Pilotage Commissioners.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on Transportation.


MESSAGES FROM THE HOUSE

March 22, 2000

MR. PRESIDENT:

      The House has passed SECOND SUBSTITUTE HOUSE BILL NO. 2738, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


March 22, 2000

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 2788,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 3128,

      HOUSE BILL NO. 3166,

      HOUSE BILL NO. 3167,

      HOUSE BILL NO. 3168,

      HOUSE BILL NO. 3169,

      ENGROSSED HOUSE BILL NO. 3170,

      ENGROSSED HOUSE BILL NO. 3171, and the same are herewith transmitted.

                                                                                                                                                               CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


March 22, 2000

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 6865, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SENATE BILL NO. 6865.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

2SHB 2738        by House Committee on Appropriations (originally sponsored by Representatives Dickerson, Clements, Romero and Miloscia)

 

Giving the office of financial management oversight over state agency personal service contracting practices.

 

Referred to Committee on Ways and Means.

 

HB 2788            by Representatives Fisher, Mitchell, Radcliff, Scott and Hurst (by request of Transportation Improvement Board)

 

Funding transportation projects.

 

Referred to Committee on Transportation.

 

ESHB 3128        by House Committee on Finance (originally sponsored by Representatives Thomas, Dunshee and Santos) (by request of Department of Revenue)

 

Authorizing the governor to enter into cooperative agreements concerning the sales of cigarettes.

 

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

 

HB 3166            by Representatives Thomas, Dunshee, Woods, Rockefeller, Carrell, Conway, Delvin, Linville, Crouse, Fisher, McDonald, Edwards, Huff, Romero, Mulliken, Constantine, Pennington, Keiser, Scott, Reardon, Quall, Morris, Clements, Fortunato, Carlson, Sump, Wensman, Esser, Dunn, Van Luven, Anderson, Cooper, Gombosky, Kenney, Kastama, Lantz, Ogden, Ruderman, Stensen, Hurst, Lambert, G. Chandler, Ballasiotes, Radcliff, Talcott, Haigh, Kessler, Grant, Cody, Barlean, Schoesler, Mielke, Wood, Schual-Berke, Regala, Miloscia, Edmonds, O'Brien, Wolfe, Lovick, Dickerson, Veloria, Benson, Sullivan, Alexander, Lisk, Pflug, Parlette, Koster, Campbell, Hankins and D. Schmidt

 

Providing a five hundred dollar credit against state property taxes for senior citizens and disabled persons.

 

Referred to Committee on Ways and Means.

 

HB 3167            by Representatives Dunshee, Thomas, O'Brien, Pennington, Wood, McDonald, Edmonds, Pflug, Miloscia, B. Chandler, Anderson, Mulliken, Stensen, Esser, Hurst, Alexander, Haigh, Benson, Cody, Koster, Dickerson, Conway, Huff, Cooper, Parlette, Linville, Campbell, Keiser, Constantine, Ericksen, Romero, Talcott, Kastama, Lambert, Ogden, Ruderman, Barlean, Morris, Clements, Fortunato, Carrell, Carlson, Sump, Wensman, Dunn, Van Luven, Gombosky, Scott, Lantz, Edwards, Reardon, Skinner, G. Chandler, Ballasiotes, Radcliff, Grant, Mielke, Regala, Wolfe, Lovick, Veloria, Fisher, Rockefeller, Sullivan, Woods, Lisk, Hankins, D. Schmidt and Kessler

 

Providing a two hundred dollar credit against state property taxes for persons sixty-four years of age or older.

 

Referred to Committee on Ways and Means.

 

HB 3168            by Representatives Huff, H. Sommers, Mitchell, Fisher, Hankins, Haigh, Woods, Kenney, D. Schmidt, Murray, Alexander, Edmonds, Miloscia, Schindler, Schual-Berke, Anderson, Stensen, Dickerson, McIntire, Rockefeller, Linville, Kessler, Ogden, Cody, Barlean, Scott, Keiser, Cooper, Edwards, O'Brien, Lovick, Lantz, Morris, Benson, Sullivan, Talcott, Ballasiotes and Esser

 

Providing funding for transportation and ferry purposes.

 

Referred to Committee on Transportation.

 

HB 3169            by Representatives Barlean, Doumit, Huff, H. Sommers, D. Schmidt, Ruderman, Hankins, Edmonds, Alexander, Kenney, Schindler, Miloscia, Tokuda, Quall, Lantz, Linville, Fortunato, Boldt, Fisher, Edwards, Constantine, Romero, Scott, Keiser, Schual-Berke, McIntire, Kastama, Hatfield, Carlson, McDonald, Kessler, Ogden, Dunshee, Cooper, Wood, Regala, O'Brien, Stensen, Anderson, Wolfe, Morris, Veloria, Benson, Hurst, Rockefeller, Sullivan, Woods, Lisk, Parlette, Campbell, Talcott, Ballasiotes and Thomas

 

Strengthening the state expenditure limit and providing for timely deposits to the education construction fund.

 

Referred to Committee on Ways and Means.

 

EHB 3170          by Representatives H. Sommers, Huff, Scott, Mulliken, Doumit, Mielke, Grant, Carrell, Linville, Ericksen, Edwards, Barlean, Fisher, Campbell, Dunshee, D. Schmidt, Haigh, Koster, Hurst, Sump, Conway, Alexander, Dickerson, McIntire, Schual-Berke, Santos, Buck, Rockefeller, Schoesler, Kastama, Keiser, Romero, Cairnes, Regala, Fortunato, Carlson, McDonald, Hatfield, Kessler, Ruderman, Ogden, Cooper, Wood, Miloscia, O'Brien, Anderson, Wolfe, Lovick, Lantz, Veloria, Stensen, Benson, Woods, Lisk, Skinner, Talcott, Ballasiotes, Hankins, Pennington, Thomas and Esser

 

Providing financial assistance to local governments.

 

Referred to Committee on Ways and Means.

 

EHB 3171          by Representatives Quall, Talcott, H. Sommers, Huff, Rockefeller, Woods, Schual-Berke, Alexander, Haigh, Schindler, Keiser, Boldt, Stensen, Mielke, Santos, Bush, Linville, McDonald, Hurst, Hankins, Conway, Kessler, Kastama, Ruderman, Edwards, Scott, Dunshee, Constantine, Romero, Mulliken, Carlson, Sump, Wensman, Esser, Dunn, Van Luven, Skinner, G. Chandler, Ballasiotes, Radcliff, Thomas, Ogden, Cody, Barlean, Cooper, Wood, Regala, Miloscia, O'Brien, Anderson, Wolfe, Lovick, Lantz, Tokuda, Morris, Dickerson, Veloria, Fisher, Benson, Sullivan, Lisk, Parlette, Campbell, Fortunato, D. Schmidt, Clements, Buck, Pennington and Mastin

 

Improving funding for education.

 

Referred to Committee on Ways and Means.


MOTION


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


SENATE RESOLUTION 2000-8785


By Senator Hale


      WHEREAS, Kamiakin High School principal Bob McMullen has been named High School Principal of the Year by the Washington Association of Secondary School Principals, and;

      WHEREAS, Bob McMullen has taken a leadership role among his peers in coordinating conferences, serving on several state committees setting standards for students, and making national presentations, and;

      WHEREAS, Bob McMullen is a Washington native, a graduate of Whitworth College and Western Washington University, who has selflessly shared his love of learning and talent for teaching with the children of his home state, and;

      WHEREAS, Bob McMullen held his first teaching job in Kennewick where he now presides over a school that has more than 1,300 students and 120 staff members, and;

      WHEREAS, Bob McMullen unselfishly gives full credit for his school’s successes to his teachers and the community, and;

      WHEREAS, Bob McMullen has responded to the praise of his work with humility and with a request for Kennewick voters to support the next bond issue to remodel Kamiakin High School which is now more than thirty years old, and;

      WHEREAS, Bob McMullen proudly wears a button proclaiming his school’s goal that eighty-five percent of sophomores pass the WASL in 2006, and;

      WHEREAS, Bob McMullen is now among the fifty-three state finalists being considered for National High School Principal of the Year and will represent Washington State at an education symposium in Washington D.C. this fall;

      NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, that Kamiakin High School Principal, Bob McMullen be honored for his dedication to his school and to his community and for his concern for the children of Kennewick and across the state, and;

      BE IT FURTHER RESOLVED, That the Senate of the state of Washington wishes Bob McMullen good luck in the competition for National High School Principal of the Year; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be transmitted to Bob McMullen and to Kamiakin High School for permanent display.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Bob McMullen, State High School Principal of the Year, and Michelle Hendrickson and Terry Barber from the Washington School Principals’ Association, who were seated in the gallery.


MOTION


      At 10:13 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 11:57 a.m. by President Pro Tempore Wojahn.


PARLIAMENTARY INQUIRY


      Senator Snyder: “This is a bit unusual, but the House has passed Second Substitute Senate Bill No. 6404 with amendments and I would like to request a ruling on the number of votes necessary to pass Second Substitute Senate Bill No. 6404, as amended by the House. In the regular session, President Owen made a ruling on the votes necessary to pass Substitute Senate Bill No. 6404. He ruled that a simple majority vote was required to transfer money from the emergency fund. In Section 907 of Substitute Senate Bill No. 6404, money was transferred from the emergency fund to the multimodal transportation account, but Section 907 also expressly amended RCW 43.135.045 and removed the statutory requirement for a two-thirds vote to make the transfer. RCW 43.135.045 was adopted as part of Initiative 601 and the ruling in the earlier inquiry concerned the number of votes necessary to amend Initiative 601. I would like a ruling on the votes needed to pass Second Substitute Senate Bill No. 6404, as amended by the House.”

      Debate ensued.

REPLY BY THE PRESIDENT PRO TEMPORE


      President Pro Tempore Wojahn: “Senator Snyder, I am not prepared to make that ruling at the present time and would like to defer further consideration of Second Substitute Senate Bill No. 6404.”


MOTION


      At 12:03 p.m., on motion of Senator Snyder, the Senate adjourned until 10:00 a.m., Friday, March 24, 2000.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate