SEVENTY THIRD DAY

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MORNING SESSION

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House Chamber, Olympia, Wednesday, March 21, 2001

             The House was called to order at 9:55 a.m. by the Speaker (Representative Ogden presiding).

             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

INTRODUCTIONS AND FIRST READING

HB 2225           by Representatives Carrell, Conway, Talcott, Lantz, Bush, Kirby, Campbell, Morell, Casada, Woods, Jackley and Roach

              AN ACT Relating to protecting communities located in close proximity to the special commitment center and the less restrictive alternative treatment facility, and mitigating for the effects of these facilities; adding new sections to chapter 71.09 RCW; creating a new section; and declaring an emergency.

             Held on First Reading.

HB 2226           by Representatives Carrell, Kirby, Talcott, Conway, Esser, Lantz, Roach, Haigh, DeBolt, Campbell, Delvin, Marine, Armstrong, Bush, Morell, Casada and Jackley

              AN ACT Relating to establishing a life sentence for sexually violent predators who escape from the special commitment center or from a less restrictive alternative; amending RCW 9A.76.120 and 9.94A.030; reenacting and amending RCW 9.94A.320; adding a new section to chapter 9A.76 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

             Held on First Reading.

SSB 5355          by Senate Committee on Human Services & Corrections

              AN ACT Relating to the exercise of reasonable care by state employees and its agents at the department of social and health services and the department of corrections; adding new sections to chapter 43.20A RCW; and adding new sections to chapter 72.09 RCW.

             Held on First Reading.

ESSB 5378       by Senate Committee on Natural Resources, Parks & Shorelines; by request of Governor Locke

              AN ACT Relating to amendments to shoreline master programs and critical areas; amending RCW 90.58.080 and 36.70A.130; and creating a new section.

             Held on First Reading.

SSB 5433          by Senate Committee on Health & Long-Term Care

              AN ACT Relating to establishment of parent and child relationship for children born through alternative reproductive medical technology; and amending RCW 26.26.030 and 26.26.050.

             Referred to Committee on Health Care.

ESB 5882         by Senators T. Sheldon, Hale, Hewitt, Hargrove, Rasmussen, Honeyford, Carlson, Haugen, Shin, Hochstatter, Horn, Stevens, Zarelli, Oke, Deccio, McCaslin, West, Long, Swecker, Sheahan, McDonald, Johnson, Rossi, Morton and Parlette

              AN ACT Relating to occupational safety and health; adding new sections to chapter 49.17 RCW; adding a new section to chapter 44.28 RCW; creating a new section; providing expiration dates; and declaring an emergency.

             Held on First Reading.

2SSJR 8206      by Senate Committee on State & Local Government

              Requiring geographic distribution of initiative signatures.

             Held on First Reading.

             There being no objection, the bills and resolution listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

RESOLUTIONS

             HOUSE RESOLUTION NO. 2001-4624 by Representatives Pearson, Dunshee, Lambert and Woods

             WHEREAS, Tom Wilken of Sprague, Michaela Raikes of Seattle, Jennifer Gibson of Granite Falls, Heath Hilton of Monroe, Corey McCrea of Snohomish, Sonja Ray of Seattle, Erin Richardson of Spokane, and Alden Tucker of Lacey have achieved national recognition for exemplary volunteer service by receiving 2001 Prudential Spirit of Community Awards; and

             WHEREAS, This prestigious award, presented by the Prudential Company in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

             WHEREAS, Knowing that energetic, knowledgeable young people such as these will one day lead this state and country, and that there may very well be in their midst a Governor, Senator, member of Congress, or perhaps even a future President; and

             WHEREAS, The success of the state of Washington, the strength of our communities, and the overall vitality of American society depend in great measure upon the dedication of young people who use their considerable talents to help others; and

             WHEREAS, These awards were earned by giving generously of personal time and energy to the service of others;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives acknowledge the 2001 Prudential Spirit of Community Award recipients Tom Wilken, Michaela Raikes, Jennifer Gibson, Heath Hilton, Corey McCrea, Sonja Ray, Erin Richardson, and Alden Tucker, and recognize their outstanding record of community service, peer leadership, and community spirit; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to each of the 2001 Prudential Spirit of Community Award recipients listed above.

             House Resolution No. 4624 was adopted.

             HOUSE RESOLUTION NO. 2001-4625 by Representatives Kagi, Ruderman, Schual-Berke, Keiser, Edmonds, Cody, Fromhold, Lambert, Talcott and Woods

             WHEREAS, Colorectal cancer is the fourth leading cause of cancer in Washington state and the second leading cause of cancer deaths; and

             WHEREAS, According to data from the state cancer registry, 2981 people were diagnosed with colorectal cancer, and 970 people died of colorectal cancer; and

             WHEREAS, Colorectal cancer affects both women and men of all races; and

             WHEREAS, Colorectal cancer can start with few or no symptoms; and

             WHEREAS, Approximately ninety-two percent of all colorectal cancers are diagnosed in people age fifty and older in Washington state; and

             WHEREAS, Research suggests that regular screening after age fifty can greatly reduce the risk of colorectal cancer mortality; and

             WHEREAS, Increasing awareness and use of early detection practices is essential to controlling colorectal cancer; and

             WHEREAS, In order to educate the public about what they can do to protect themselves against colorectal cancer and reduce the number of people who die each year from colorectal cancer, the Cancer Research Foundation of America in collaboration with the National Colorectal Cancer Roundtable and the American Digestive Health Foundation, founded the first annual National Colorectal Cancer Awareness Month in March 2001;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington express its gratitude to the founders of National Colorectal Cancer Awareness Month and to their collaborating partners for focusing their energies and resources on colorectal cancer each year during the month of March and all year long and encourage efforts in Washington state to raise public awareness about this disease through education and the promotion of routine screening; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to the Cancer Research Foundation of America, the National Colorectal Cancer Roundtable, the American Digestive Health Foundation, the American Cancer Society, and the Cancer Life Line.

             House Resolution No. 4625 was adopted.

             HOUSE RESOLUTION NO. 2001-4626 by Representatives Esser, Santos, Lambert, Rockefeller, Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Chopp, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Romero, Ruderman, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood and Woods

             WHEREAS, Takuji Yamashita graduated from the University of Washington Law School and passed the state bar examination in 1902; and

             WHEREAS, Takuji Yamashita was barred from practicing law in our state because our state Attorney General and Supreme Court interpreted federal law to say that persons of his ethnic background could never become a citizen and, therefore, could not practice law; and

             WHEREAS, Takuji Yamashita was the most promising scholar in his hometown of Yawatahama, located in Japan's Ehime Prefecture, and after immigrating to the United States he sailed through Tacoma High School and then through a rigorous two-year law course; and

             WHEREAS, Takuji Yamashita, when told that his race made him ineligible to be a lawyer, challenged the State Attorney General, and argued, memorably, that denial of opportunity on the basis of race violated the core values of the "most enlightened and liberty-loving nation of them all. . . in which all men are equal in rights and opportunities"; and

             WHEREAS, Takuji Yamashita, in 1922, unsuccessfully challenged the state's Alien Land Law that denied Asian immigrants the right to own property, and was sent to an internment camp during World War II; and

             WHEREAS, Legal scholars say Takuji Yamashita's challenges helped pave the way for later legal breakthroughs; and

             WHEREAS, Not until 1965 did Congress put Asian immigrants on a par with Europeans, not until 1966 did Washington voters repeal the Alien Land Law, and not until 1973 did the United States Supreme Court finally grant aliens the right to practice law; and

             WHEREAS, Takuji Yamashita's crusade against this injustice is enshrined in dozens of legal publications and is slowly entering the broader realm of American history; and

             WHEREAS, Takuji Yamashita will be remembered long after the functionaries who opposed him are forgotten; and

             WHEREAS, The Washington State Supreme Court has been petitioned to reverse a decision it made 99 years ago and accept Takuji Yamashita, posthumously, as an honorary member of the Washington State Bar; and

             WHEREAS, The petition comes from prestigious and well-respected entities such as the Asian Bar Association of Washington, the Washington State Bar Association, and the University of Washington Law School; and

             WHEREAS, Today, at the Temple of Justice in Olympia, justice will finally prevail when the Washington State Supreme Court performs a posthumous ceremonial induction to the Washington State Bar, so that Takuji Yamashita's descendants - biological and spiritual - finally will get the opportunity to gather and to cherish the victories that were denied him during his life;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize and honor Takuji Yamashita for his dedication and perseverance in eradicating the racial and cultural barriers that existed not just in the legal realm during his time, but also in mainstream society as a whole; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to members of the family of Takuji Yamashita.

             House Resolution No. 4626 was adopted. There being no objection, all members' names were added to the resolution.

             HOUSE RESOLUTION NO. 2001-4627 by Representatives Haigh, Eickmeyer, Woods, Talcott and Darneille

             WHEREAS, Simpson Timber Company was founded in Mason County, Washington in 1890 and is in its fifth generation of family ownership; and

             WHEREAS, Simpson Timber Company today owns and manages nearly 300,000 acres of timberland in the state of Washington and provides forest products for millions of people; and

             WHEREAS, On October 13, 2000, Simpson Timber Company signed an innovative fifty-year multispecies Habitat Conservation Plan with the United States Fish and Wildlife Service and with the National Marine Fisheries Service; and

             WHEREAS, The Habitat Conservation Plan protects fifty-one species of fish and wildlife, several of which are listed as "threatened" under the Federal Endangered Species Act; and

             WHEREAS, The Habitat Conservation Plan is the first in the nation to also provide for compliance with federal Clean Water Act requirements; and

             WHEREAS, The Habitat Conservation Plan covers 262,000 acres of timberlands owned by Simpson Investment Company on the Olympic Peninsula in the state of Washington; and

             WHEREAS, The Habitat Conservation Plan has been adopted as a total maximum daily load for water quality purposes by the United States Environmental Protection Agency and the Washington State Department of Ecology; and

             WHEREAS, The Habitat Conservation Plan represents the first time federal Endangered Species Act and Clean Water Act issues have been tackled together under a single plan for an entire ownership; and

             WHEREAS, The Habitat Conservation Plan relies on a landscape approach to habitat protection, taking into account the geologic setting and physical processes on area habitats and varying habitat protection strategies according to these criteria; and

             WHEREAS, The Habitat Conservation Plan offers a model for future conservation partnerships; and

             WHEREAS, The Habitat Conservation Plan sets the standard for future opportunities to link water quality and wildlife conservation;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives formally commends and offers its appreciation to the Simpson Timber Company for its dedication to wildlife habitat conservation and sound environmental stewardship; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to Colin Moseley, Chairman of Simpson Investment Company, the United States Secretary of the Interior, the United States Fish and Wildlife Service, the National Marine Fisheries Service, Gary Locke, Governor of the State of Washington, Doug Sutherland, the Commissioner of Public Lands for the State of Washington, Tom Fitzsimmons, Director of the Washington Department of Ecology, and each member of Congress from the State of Washington.

             House Resolution No. 4627 was adopted.

             HOUSE RESOLUTION NO. 2001-4629 by Representatives Marine, Schmidt, Pearson, Morell, Roach, Buck, Barlean, Dunshee, Delvin, Anderson, Skinner, Cooper, Lovick, Reardon and Berkey

             WHEREAS, The Snohomish County Prosecutor’s office has continued to work above and beyond the scope of its duty in providing positive community outreach, and

             WHEREAS, The Prosecutor’s office has developed a new program, Courtrooms to Classrooms, in an effort to deter juveniles from heading toward criminal activity, and

             WHEREAS, Currently 50 deputy prosecutors are involved in 40 classrooms county wide serving approximately 1,250 fifth-grade students, and

             WHEREAS, The deputy prosecutors involved in this program donate their time, receiving neither pay nor a reduced caseload, and

             WHEREAS, The volunteer prosecutors focus on improved academic achievement, problem solving skills, and the role of law in the students’ daily lives, and

             WHEREAS, The devotion of Courtrooms to Classrooms volunteers appears to be leading toward the intended result – diversion from the juvenile justice system;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor the Snohomish County Prosecutor’s office for its commitment to providing the children of the county with both a quality education and a golden opportunity to understand the law and how it pertains to their lives; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to the Snohomish County Prosecutor’s Office and to each of the participating elementary schools.

             House Resolution No. 4629 was adopted.

             HOUSE RESOLUTION NO. 2001-4631 by Representatives Veloria, Schual-Berke, Cody and Keiser

             WHEREAS, It is the policy of the Washington State Legislature to recognize the contributions of institutions that reflect the standards of excellence that enhance the well-being and quality of life of the citizens of the State of Washington; and

             WHEREAS, The Tukwila School District serves two thousand six hundred students; and

             WHEREAS, Students in the Tukwila School District represent many cultures and ethnic groups, speaking more than twenty-five languages; and

             WHEREAS, Showalter and Cascade View Schools were awarded Comprehensive School Reform Demonstration grants for 2000-2001; and

             WHEREAS, The Tukwila School District has initiated three university-school partnership programs with the University of Washington in the areas of teacher training, integrating the arts in elementary schools, and integrating instruction of environmental study and architectural design in elementary schools; and

             WHEREAS, Cascade View Elementary School is conducting a Washington Reading Corps Volunteer Tutoring Program; and

             WHEREAS, A five-member organizational partnership has formed the Tukwila Community Schools Collaboration to improve student learning; and

             WHEREAS, The Tukwila School District, in partnership with Rotary International, is sustaining a sister school/community partnership with the Village of Thillagrand, Senegal; and

             WHEREAS, Students from the Tukwila School District visited the Legislature on February 23, 2001, escorted by Board Directors Mary Fertakis and Dawn Stewart, Superintendent Michael Silver, staff members, and parents;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize: The great contribution made by the Tukwila School District to the education of the young people of Washington State; the diversity of the Tukwila School District's student body; and the significant achievements of the Tukwila School District in meeting education standards. The House of Representatives also extend congratulations to the Tukwila School District for initiating local, state, national, and international partnerships for learning; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to the Tukwila School District.

             House Resolution No. 4631 was adopted.

             HOUSE RESOLUTION NO. 2001-4632 by Representatives Veloria, Van Luven, Linville, Pennington, Cody, Schual-Berke, Carrell, Roach, Morris, Conway, Berkey, Santos, Tokuda, Talcott and Woods

             WHEREAS, At any given time, three thousand adults and children search the National Marrow Donor Program Registry for a lifesaving bone marrow donor match; and

             WHEREAS, Over four million volunteers have joined the National Marrow Donor Program, but only a small percentage of people of color are registered; and

             WHEREAS, Minorities and people of color are deeply needed to increase the chances of survival for minorities with leukemia and other blood disorders; and

             WHEREAS, Tissue type is inherited much like hair and eye color, patients are most likely to find a compatible donor with their own racial or ethnic group; and

             WHEREAS, A diverse group of potential donors is needed for patients of all racial and socioeconomic backgrounds because while the odds of Caucasian patients finding a match is nearly ninety percent, the chances of patients of color finding a match are as low as fifty-five percent; and

             WHEREAS, Various types of leukemia, aplastic anemia, severe combined immune deficiency syndrome, sickle cell anemia, and radiation poisoning are treated with marrow transplantation every year at approved medical centers; and

             WHEREAS, The National Marrow Donor Program reaches out to racially and ethnically diverse communities through specific awareness programs, relationships with local and national organizations, and specialized materials in an effort to educate communities of color; and

             WHEREAS, The National Marrow Donor Program and the Puget Sound Blood Center has integrated ethnically specific management strategies to quantify improvements in minority donor retention; and

             WHEREAS, Residents of Washington State such as John Stanford, former Seattle School Superintendent, and Archbishop Thomas Murphy died from leukemia; and

             WHEREAS, Washington state has a substantial minority population who may not be aware of this lifesaving opportunity to register as a donor; and

             WHEREAS, There are segments of Washington State's minority population that have much lower rates of participation;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize and express appreciation for efforts to raise public awareness about blood-related diseases and recruit people of color through education and promotion to become registered marrow donors in Washington; and

             BE IT FURTHER RESOLVED, That the House of Representatives of the state of Washington also recognize the plight of all people afflicted with leukemia and other blood disorders in Washington, in the United States, and worldwide.

             House Resolution No. 4632 was adopted.

REPORTS OF STANDING COMMITTEES

March 19, 2001

SB 5246            Prime Sponsor, Senator Jacobsen: Adjusting deadlines for salmon recovery grant applications. Reported by Committee on Natural Resources

             MAJORITY recommendation: Do pass. Signed by Representatives Doumit, Democratic Co-Chair; Sump, Republican Co-Chair; Pearson, Republican Vice Chair; Rockefeller, Democratic Vice Chair; Buck; G. Chandler; Edwards; Eickmeyer; Ericksen; Jackley; Murray and Pennington.

             Voting yea: Representatives Doumit, Sump, Pearson, Rockefeller, Buck, G. Chandler, Edwards, Eickmeyer, Ericksen, Jackley, Murray, and Pennington.

             Passed to Committee on Rules for second reading. 

             There being no objection, the bill listed on the day's committee reports under the fifth order of business was referred to the committees so designated.

             There being no objection, the House advanced to the eighth order of business.

             There being no objection, the Committee on Children and Family Services was relieved of ENGROSSED SUBSTITUTE SENATE BILL NO. 5995, and the bill was referred to the Committee on Criminal Justice and Corrections.

             There being no objection, the House advanced to the eleventh order of business.

             There being no objection, the House adjourned until 10:00 a.m., March 22, 2001, the 74^th Legislative Day.

CLYDE BALLARD, Speaker                                                                     FRANK CHOPP, Speaker

TIMOTHY A. MARTIN, Chief Clerk                                                         CYNTHIA ZEHNDER, Chief Clerk