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THIRTY-NINTH DAY

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AFTERNOON SESSION

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Senate Chamber, Olympia, Thursday, February 15, 2001

The Senate was called to order at 1:20 p.m. by President Pro Tempore Franklin. No roll call was taken.

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 13, 2001

SB 5266 Prime Sponsor, Senator Patterson: Providing a tax exemption for thoroughbred horses. Reported by Committee on Labor, Commerce and Financial Institutions

MAJORITY Recommendation: That Substitute Senate Bill No. 5266 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Prentice, Chair; Gardner, Vice Chair; Benton, Franklin, Honeyford, Patterson, Rasmussen, Regala, West and Winsley.

Referred to Committee on Ways and Means.

February 14, 2001

SB 5335 Prime Sponsor, Senator Snyder: Revising the authority of the statewide enhanced 911 program to support the statewide enhanced 911 system. Reported by Committee on Economic Development and Telecommunications

MAJORITY Recommendation: That Substitute Senate Bill No. 5335 be substituted therefor, and the substitute bill do pass. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Brown, Fairley, Finkbeiner, Haugen, McCaslin, Rossi and Stevens.

Passed to Committee on Rules for second reading.

February 14, 2001

SB 5341 Prime Sponsor, Senator Finkbeiner: Prohibiting recorded telephone messages. Reported by Committee on Economic Development and Telecommunications

MAJORITY Recommendation: That Substitute Senate Bill No. 5341 be substituted therefor, and the substitute bill do pass. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Brown, Fairley, Finkbeiner, Haugen, McCaslin, Rossi and Stevens.

Passed to Committee on Rules for second reading.

February 14, 2001

SB 5418 Prime Sponsor, Senator Long: Requiring providing of chemical dependency treatment services upon request. Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: That Substitute Senate Bill No. 5418 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.

Referred to Committee on Ways and Means.

February 14, 2001

SB 5469 Prime Sponsor, Senator T. Sheldon: Changing provisions for tax deferrals in rural counties and community empowerment zones. Reported by Committee on Economic Development and Telecommunications

MAJORITY Recommendation: That Substitute Senate Bill No. 5469 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Brown, Fairley, Finkbeiner, Haugen, McCaslin, Rossi and Stevens.

Referred to Committee on Ways and Means.

February 14, 2001

SB 5614 Prime Sponsor, Senator T. Sheldon: Exempting certain financial or proprietary information provided to the department of community, trade, and economic development from public disclosure. Reported by Committee on Economic Development and Telecommunications

MAJORITY Recommendation: Do pass. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Brown, Fairley, Finkbeiner, Haugen, McCaslin, Rossi and Stevens.

Passed to Committee on Rules for second reading.

February 14, 2001

SB 5800 Prime Sponsor, Senator Prentice: Exempting certain records requested by port districts from public inspection and copying. Reported by Committee on State and Local Government

MAJORITY Recommendation: That the bill be referred to Committee on Labor, Commerce and Financial Institutions without recommendation. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Gardner, Kline, McCaslin, T. Sheldon and Swecker.

Referred to Committee on Labor, Commerce and Financial Institutions.

MESSAGE FROM THE HOUSE

February 13, 2001

MR. PRESIDENT:

The House has passed:

ENGROSSED HOUSE BILL NO. 1015,

HOUSE BILL NO. 1026, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

INTRODUCTION AND FIRST READING

SB 6038 by Senator Honeyford

AN ACT Relating to authorizing service credit for half-time employment by certain teachers; and amending RCW 41.32.812.

Referred to Committee on Ways and Means.

SB 6039 by Senators Honeyford, Hale, Deccio, Parlette, Morton, Hochstatter, Hewitt and Stevens

AN ACT Relating to water resources; amending RCW 77.85.050, 90.82.040, 90.82.130, 90.80.100, 90.80.130, 90.80.010, 90.80.070, 90.80.120, 90.80.140, 90.80.050, 90.03.380, 90.66.040, 90.66.060, 90.14.140, 90.38.020, 90.38.040, 90.42.040, 90.42.080, 90.03.330, 90.44.100, 90.03.390, 90.14.043, 90.14.160, 90.14.170, 90.14.180, 90.46.005, 90.46.010, 90.03.252, and 90.44.062; adding a new section to chapter 90.80 RCW; adding new sections to chapter 90.03 RCW; adding a new section to chapter 90.66 RCW; adding a new section to chapter 90.46 RCW; creating new sections; and declaring an emergency.

Referred to Committee on Environment, Energy and Water.

SB 6040 by Senator Rasmussen

AN ACT Relating to modifying landfill facility operations to receive waste from out-of-area sources; and amending RCW 70.95.180 and 70.95.185.

Referred to Committee on Environment, Energy and Water.

SB 6041 by Senators Constantine and Patterson

AN ACT Relating to hazardous substance deposits on lesser contaminated sites; amending RCW 70.105D.020, 70.105D.050, and 70.105D.080; adding a new section to chapter 70.105D RCW; creating a new section; prescribing penalties; and declaring an emergency.

Referred to Committee on Environment, Energy and Water.

SB 6042 by Senator Sheahan

AN ACT Relating to appropriations for transit systems; and adding a new section to chapter 43.88 RCW.

Referred to Committee on Transportation.

SB 6043 by Senator Finkbeiner

AN ACT Relating to discarded vehicle tires; amending RCW 70.95.260, 70.95.510, 70.95.520, 70.95.530, 70.95.535, and 70.95.565; amending 2000 c 150 s 1 (uncodified); amending 2000 c 150 s 2 (uncodified); reenacting and amending RCW 70.95.020; adding a new section to chapter 70.95 RCW; providing effective dates; providing an expiration date; and declaring an emergency.

Referred to Committee on Environment, Energy and Water.

SB 6044 by Senator Finkbeiner

AN ACT Relating to on-site sewage disposal systems; amending RCW 70.118.020; adding a new section to chapter 70.118 RCW; adding a new section to chapter 18.210 RCW; creating new sections; and prescribing penalties.

Referred to Committee on Environment, Energy and Water.

SB 6045 by Senator Finkbeiner

AN ACT Relating to incentives to encourage the use of grass or straw-based materials in construction; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.

Referred to Committee on Environment, Energy and Water.

SB 6046 by Senators Finkbeiner and Eide

AN ACT Relating to the control of dioxin; amending RCW 70.105.010, 70.95C.020, 70.95E.010, 70.105.020, and 70.105D.020; adding new sections to chapter 70.105 RCW; creating new sections; and providing effective dates.

Referred to Committee on Environment, Energy and Water.

SB 6047 by Senators Finkbeiner and Eide

AN ACT Relating to prohibiting the use of mixing zones for persistent bioaccumulative toxic pollutants; amending RCW 90.48.010, 90.48.020, and 90.48.080; adding a new section to chapter 90.48 RCW; and creating a new section.

Referred to Committee on Environment, Energy and Water.

SB 6048 by Senator McCaslin

AN ACT Relating to ending partisan primaries; amending RCW 29.01.130, 29.01.100, 29.01.160, 29.15.120, 29.15.150, 29.24.020, 29.24.025, 29.24.030, 29.24.035, 29.24.040, 29.24.070, 29.18.160, 29.27.030, 29.30.005, 29.30.020, 29.30.040, 29.30.101, 29.42.010, 29.42.040, 29.42.050, 29.62.100, 29.68.080, 29.68.100, 29.68.120, and 29.68.130; adding a new section to chapter 29.24 RCW; recodifying RCW 29.18.160; and repealing RCW 29.01.090, 29.15.230, 29.18.010, 29.18.120, 29.18.150, 29.18.200, and 29.30.095.

Referred to Committee on State and Local Government.

SB 6049 by Senator Deccio

AN ACT Relating to regulating the charitable gift annuity business; adding a new section to chapter 48.38 RCW; and creating new sections.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6050 by Senators Morton, Oke and Stevens

AN ACT Relating to remote site incubators; amending RCW 77.95.200; adding a new section to chapter 77.95 RCW; creating new sections; and making appropriations.

Referred to Committee on Natural Resources, Parks and Shorelines.

SB 6051 by Senators Shin, Swecker and T. Sheldon

AN ACT Relating to zoning exclusively for manufactured housing communities; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; and adding a new section to chapter 36.70 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6052 by Senators Constantine, Hale and Costa

AN ACT Relating to extending the period of court jurisdiction; and amending RCW 35.20.255, 3.50.330, and 3.66.068.

Referred to Committee on Judiciary.

SB 6053 by Senators Shin, Oke and Haugen

AN ACT Relating to state route number 526; and amending RCW 47.17.740.

Referred to Committee on Transportation.

SB 6054 by Senators McDonald, Kline, Rossi and Rasmussen

AN ACT Relating to general license fees; and adding a new section to chapter 35.21 RCW.

Referred to Committee on State and Local Government.

SB 6055 by Senators Long, Hargrove and Stevens

AN ACT Relating to evaluating children within the foster care agency caseload; and amending RCW 74.14A.050.

Referred to Committee on Human Services and Corrections.

SB 6056 by Senators Long, Hargrove, Costa, Stevens and Kohl-Welles

AN ACT Relating to the department of social and health services coordination of services for children and families in child dependency cases; adding a new section to chapter 13.34 RCW; and creating new sections.

Referred to Committee on Human Services and Corrections.

SB 6057 by Senators T. Sheldon and Roach

AN ACT Relating to incorporating effective economic development planning into growth management planning; amending RCW 36.70A.020, 36.70A.030, 36.70A.070, and 36.70A.210; creating a new section; and providing an effective date.

Referred to Committee on Economic Development and Telecommunications.

SB 6058 by Senators Hochstatter, Swecker and Stevens

AN ACT Relating to science textbooks; and adding a new section to chapter 28A.150 RCW.

Referred to Committee on Education.

SB 6059 by Senators Fraser, Constantine, Winsley and Kohl-Welles (by request of Department of Revenue)

AN ACT Relating to restructuring the litter tax and a portion of the hazardous substance tax to simplify the taxes while maintaining funding; amending RCW 82.04.270, 82.04.272, and 82.21.020; reenacting and amending RCW 82.04.250; adding new sections to chapter 82.04 RCW; creating new sections; repealing RCW 82.19.010, 82.19.020, 82.19.030, 82.19.040, and 82.19.050; and providing an effective date.

Referred to Committee on Environment, Energy and Water.

SB 6060 by Senator Fraser (by request of Department of Revenue)

AN ACT Relating to updating references for purposes of the hazardous substance tax for periods beginning August 1, 2001; amending RCW 82.21.020; and providing an effective date.

Referred to Committee on Environment, Energy and Water.

SB 6061 by Senator Patterson

AN ACT Relating to requiring quarterly meetings of municipal firemen's pension boards; and amending RCW 41.16.030.

Referred to Committee on Ways and Means.

SB 6062 by Senators Benton and Deccio

AN ACT Relating to minimum standards for first responder and emergency medical technician training; and amending RCW 18.73.081.

Referred to Committee on Health and Long-Term Care.

SB 6063 by Senators Benton and Carlson

AN ACT Relating to certified public accountants; and amending RCW 18.04.345.

Referred to Committee on Labor, Commerce and Financial Institutions.

SJM 8016 by Senators Shin, Rasmussen and Sheahan

Emphasizing free and fair trade of aquaculture products between the United States and Canada.

Referred to Committee on Agriculture and International Trade.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

EHB 1015 by Representatives Pennington, Mielke, Schindler, Ogden, Esser, Ruderman, Linville, Pearson, Ericksen, Morell and Talcott

Prohibiting methyl tertiary-butyl ether as a gasoline additive.

Referred to Committee on Environment, Energy and Water.

HB 1026 by Representatives O'Brien, Lovick, Hurst, Ballasiotes, Ahern and Kagi (by request of Department of Corrections)

Authorizing the department of corrections to detain, search, or remove persons who enter correctional facilities or institutional grounds.

Referred to Committee on Human Services and Corrections.

MOTION

At 1:22 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease to retire to the House of Representatives for the purpose of a Joint Session.

JOINT SESSION

The Sergeant at Arms of the House announced the arrival of the Senate at the bar of the House.

Co-Speaker Pro Tempore Pennington instructed the Sergeants at Arms of the House and Senate to escort President Pro Tempore Rosa Franklin, Majority Leader Sid Snyder and Minority Leader Jim West to seats on the rostrum.

Co-Speaker Pro Tempore Pennington invited the Senators to seats within the House Chamber.

Co-Speaker Pro Tempore Pennington presented the gavel to President Pro Tempore Franklin.

The Clerk of the House called the roll of members of the Senate and House.

The Clerk of the House called the roll of the former members of the Senate and House who were present:

Senator Del Bausch Senator Pete Francis

Commissioner of Public Lands Jennifer Belcher Senator Marc Gaspard

Senator Rick Bender State Auditor Robert Graham

Representative Art Brown Senator H. B. Hanna

Representative Patty Butler Representative Richard King

Senator Paul Connor Senator Bill Kiskaddon

Representative Thomas Copeland Representative Paul Sanders

Senator Carol (Monahon) Conley Representative Doug Sayan

Representative Phil Dyer Representative Joe Taller

Speaker Wayne Ehlers Representative Mike Todd

Senator Tim Erwin Representative William Young

The President Pro Tempore welcomed and introduced the state elected officials present in the chamber: Governor Gary Locke, State Treasurer Mike Murphy, Superintendent of Public Instruction Terry Bergeson, Insurance Commissioner Mike Kreidler and Commissioner of Public Lands Doug Sutherland.

The Colors were presented by the Washington State Patrol Color Guard.

The President Pro Tempore led the body in the Pledge of Allegiance.

REMARKS BY PRESIDENT PRO TEMPORE FRANKLIN

President Pro Tempore Franklin: “Honored members of the Legislature, ladies and gentlemen. The purpose of this Joint Session is to conduct memorial services in memory of departed former members of the Legislature. The President, at this time, would like to respectfully present the gavel to the Honorable John Pennington, Co-Speaker Pro Tempore of the House of Representatives.”

President Pro Tempore Franklin presented the gavel to Co-Speaker Pro Tempore Pennington.

Co-Speaker Pro Tempore Pennington introduced Co-Speaker Pro Tempore Val Ogden.

REMARKS BY CO-SPEAKER PRO TEMPORE OGDEN

Co-Speaker Pro Tempore Odgen: “We are assembled today to pay tribute to the lives and services of the distinguished former members of the Senate and House of Representative of the state of Washington who are no longer with us. On behalf of the people of our state, the Fiftieth-seventh Legislature of the state of Washington conveys its respects to those deceased legislators who once sat in the Chambers of the House and Senate, as we are doing today, and answered roll calls on sometimes critical perplexing bills, attended committee meetings and above all else, served to the best of their abilities in order to make our state a better and more enriching place in which to live. While their journey in this life is completed, their achievements, records and valued services have been recorded in the Journals of the Senate and House and are now a permanent part of the history of the state of Washington.

“We express our sympathies to the bereaved families and their friends and also share with them on this memorable occasion the fond and happy memories of these legislators, who served us well and responsibly. They truly loved this great state of Washington. They have indeed left a legacy of dedicated service that will remain as a reminder to us of our responsibilities and the opportunity we have to serve our state.”

Co-Speakers Pro Tempore Pennington and Ogden called the roll for the deceased former members of the Senate and House of Representatives.

MEMORIAL PROGRAM

Presiding: President Pro Tempore of the Senate Rosa Franklin

Co-Speaker Pro Tempore John Pennington

Co-Speaker Pro Tempore Val Ogden

INVOCATION

Co-Speaker Clyde Ballard

On Eagles Wings

Legislative Choir

Guest Director, Irv Martin

Accompanist, Art Peterson

MEMORIAL TRIBUTE

Co-Speaker Pro Tempore Val Ogden

CANDLE SERVICE

IN MEMORIAM

BOB BASICH

Nineteenth District, Served in the House from 1985 to 1997

Memorialized by Senator Sid Snyder

FRANK “BUSTER” BROULLIET

Twenty-fifth District, Served in the House from 1957 to 1973

Memorialized by Representative Sam Hunt

ERNIE CRANE

Thirty-first District, Served in the House from 1983 to 1991

Memorialized by Senator Mary Margaret Haugen

JOHN FISCHER

Twenty-first District, Served in the House from 1975 to 1979

Memorialized by Representative Mike Cooper

WILLIAM FULLER

Twentieth District, Served in the House from 1977 to 1981

Served in the Senate from 1981-1985

Memorialized by Representative Richard DeBolt

CHARLIE HODDE

Second District, Served in the House from 1937 to 1939, 1943 to 1953

Speaker 1949 to 1953

Memorialized by Representative Helen Sommers

VAUGHN HUBBARD

Eleventh District, Served in the House from 1967 to 1973

Memorialized by Representative Dave Mastin

MERLE HUFFORD

Twenty-fourth District, Served in the House from 1947 to 1949

Memorialized by Senator Karen Fraser

GEORGE HURLEY

Thirty-seventh District and Forty-fourth District, Served in the House from 1943 to 1947 and 1975 to 1979

Memorialized by Senator Jeanne Kohl-Welles

ELMER HYPPA

Twenty-fifth District, Served in the House from 1953 to 1957

House Sergeant at Arms from 1957 to 1967

Memorialized by Senator Rosemary McAuliffe

MIKE McMANUS

Twenty-first District, Served in the Senate from 1983 to 1987

Memorialized by Senator Pat Thibaudeau

PAT McMULLEN

Fortieth District, Served in the House from 1983 to 1987

Served in the Senate from 1987 to 1993

Memorialized by Senator Harriet Spanel

CHARLES MORIARTY

Thirty-sixth District, Served in the House from 1957 to 1959

Served in the Senate from 1959 to 1967

Memorialized by Senator Stephen Johnson

GENE NEVA

Twenty-first District, Served in the House from 1957 to 1961

Memorialized by Representative Brian Hatfield

DALE NORDQUIST

Twentieth District, Served in the Senate from 1953 to 1961

Memorialized by Senator Marilyn Rasmussen

HAROLD PETRIE

Fourteenth District, Served in the House from 1953 to 1959

Memorialized by Representative Barbara Lisk

GLADYS PHILLIPS

Twenty-first District, Served in the House from 1951 to 1953

Memorialized by Representative Lynn Kessler

PAT SCOTT

Thirty-eighth District, Served in the House from 1984 to 2001

Memorialized by Representative Aaron Reardon

GEORGE SELLAR

Twelfth District, Served in the Senate from 1972 to 2000

Memorialized by Senator Linda Evans Parlette

NED SHERA

Twenty-eighth District, Served in the House from 1969 to 1973

Memorialized by Senator Shirley Winsley

JEAN SILVER

Fifth District and Sixth District, Served in the House from 1983 to 1993 and from 1993 to 1997

Memorialized by Representative Kathy Lambert

RICHARD SMYTHE

Forty-ninth District, Served in the House from 1967 to 1973

Memorialized by Senator Don McDonald

GENE STRUTHERS

Sixteenth District, Served in the House from 1977 to 1985

Memorialized by Senator Mike Hewitt

MEMORIAL PRAYER

Rabbi Theodore Stainman

Temple Bet Chaverim, Des Moines

To Everything There is a Season

Legislative Choir

CEREMONIAL SALUTE AND ECHO TAPS

Washington State Patrol

CLOSING PRAYER

Representative Joyce Mulliken

Amazing Grace

Washington State Patrol

Sergeant Keith Huntley

CLOSING PRAYER BY REPRESENTATIVE JOYCE MULLIKEN

“Gracious God and Creator of all, it is good we could come this afternoon to be part of this ceremony--to remember and to pay tribute to these servants who have given so much of themselves--their time and energy in service for the people in this great state of Washington.

We pray especially for their family members that you will comfort them in their loss and help them find consolation in knowing the benefit their family members provided for so many.

“We also pray for each one of us here that you would encourage and comfort us as we claim their memories as your special gift to us. May these memories instruct us, motivate us, support us and lift us. May we remember what these former members have done by serving among us. Even though death is powerful and mysterious, we know, because of our hope in you, it does not have to be the last word. We take joy, as our hearts rise to you, that this divine harmony of death and life was sung by prophets and holy people and that your son, Jesus, sang that song in his death and resurrection from the tomb.

“We pray that as we look back to the future, we will continue to learn from the past. We thank you our Sovereign God for what you have done in our midst and we continue to pray for your special blessing upon each of our lives, the lives of our families, and the lives of those we serve.”

Co-Speaker Pro Tempore Pennington returned the gavel to President Pro Tempore Franklin.

The Color Guard retired the Colors.

MOTION

On motion by Representative Mastin, the Joint Session was dissolved.

The President Pro Tempore of the Senate returned the gavel to Co-Speaker Pro Tempore Pennington.

Co-Speaker Pro Tempore Pennington instructed the Sergeants at Arms of the House and the Senate to escort President Pro Tempore of the Senate Rosa Franklin, Majority Leader Sid Snyder, Minority Leader Jim West and members of the Washington State Senate from the House Chamber.

The Senate was called to order at 2:11 p.m. by President Pro Tempore Franklin.

MOTION

At 2:11 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m., Friday, February 16, 2001.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate