NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
FORTY-SEVENTH DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Friday, February 23, 2001
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 Deccio, McCaslin and Snyder. On motion of Senator Honeyford, Senators Deccio and McCaslin were excused.
The Washington Army National Guard, consisting of Staff Sergeant Douglas Karnitz, Staff Sergeant Elizabeth McIntyre, Sergeant First Class Robert Caires, Sergeant First Class Willy Jackson and Sergeant Marie Moynihan, presented the Colors. Major Charles Gillies, Jr. of the Salvation Army in 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 20, 2001
SB 5187 Prime Sponsor, Senator Johnson: Updating creditor/debtor personal property exemptions. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5187 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin and Zarelli.
Passed to Committee on Rules for second reading.
February 21, 2001
SB 5352 Prime Sponsor, Senator Horn: Increasing the building code council fee. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Hewitt, Kline, Kohl-Welles, Long, Rasmussen, Regala, B. Sheldon, Snyder, Spanel, Thibaudeau and Winsley.
MINORITY Recommendation: Do not pass. Signed by Senators Honeyford, Rossi and Zarelli.
Passed to Committee on Rules for second reading.
February 21, 2001
SB 5370 Prime Sponsor, Senator Patterson: Splitting the department of community, trade, and economic development and reestablishing the department of community development and the department of trade and economic development. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5370 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Kline, Kohl-Welles, Rasmussen, Regala, B. Sheldon, Snyder, Spanel and Thibaudeau.
MINORITY Recommendation: Do not pass. Signed by Senators Hewitt, Honeyford, Parlette and Rossi.
Passed to Committee on Rules for second reading.
February 20, 2001
SB 5389 Prime Sponsor, Senator Gardner: Adjusting small claims jurisdiction. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Kastama, McCaslin, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 22, 2001
SB 5413 Prime Sponsor, Senator Stevens: Improving accountability in child dependency cases. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5413 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.
Passed to Committee on Rules for second reading.
February 21, 2001
SB 5447 Prime Sponsor, Senator Jacobsen: Modifying the forest fire protection assessment. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: That Substitute Senate Bill No. 5447 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Jacobsen, Chair; Spanel, Vice Chair; Constantine, Hargrove, Morton, Oke, Snyder and Stevens.
Referred to Committee on Ways and Means.
February 21, 2001
SB 5474 Prime Sponsor, Senator B. Sheldon: Modifying provisions concerning the general administration services account. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5474 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Hewitt, Honeyford, Kline, Kohl-Welles, Long, Parlette, Rasmussen, Regala, Rossi, Sheahan, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
February 21, 2001
SB 5531 Prime Sponsor, Senator Spanel: Restricting shrimp pot and commercial fishery licenses. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; Spanel, Vice Chair; Constantine, Hargrove, Morton, Oke, Snyder and Stevens.
Passed to Committee on Rules for second reading.
February 22, 2001
SB 5571 Prime Sponsor, Senator Sheahan: Authorizing Future Farmers of America license plates. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5571 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Eide, Horn, Jacobsen, Kastama, McDonald, Oke, Prentice, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
February 21, 2001
SB 5621 Prime Sponsor, Senator Rasmussen: Allowing certain health practitioners specializing in the treatment of animals to operate independently of veterinarians. Reported by Committee on Agriculture and International Trade
MAJORITY Recommendation: That Substitute Senate Bill No. 5621 be substituted therefor, and the substitute bill do pass. Signed by Senators Rasmussen, Chair; Shin, Vice Chair; Parlette, Sheahan, Snyder, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 22, 2001
SB 5649 Prime Sponsor, Senator Fraser: Allowing an electrical utility to file information with the Washington utilities and transportation commission concerning the company's decision to acquire electricity generation resources prior to a rate-setting proceeding. Reported by Committee on Environment, Energy and Water
MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Jacobsen and Morton.
MINORITY Recommendation: Do not pass. Signed by Senator Honeyford.
Passed to Committee on Rules for second reading.
February 21, 2001
SB 5696 Prime Sponsor, Senator Rasmussen: Providing a tax rate for manufacturers of dairy products comparable to other processors of agricultural commodities. Reported by Committee on Agriculture and International Trade
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Rasmussen, Chair; Shin, Vice Chair; Parlette, Sheahan, Snyder and Swecker.
Referred to Committee on Ways and Means.
February 20, 2001
SB 5698 Prime Sponsor, Senator Patterson: Providing a time limit for the transmittal of unidentified persons information. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Roach and Zarelli.
Passed to Committee on Rules for second reading.
February 21, 2001
SB 5836 Prime Sponsor, Senator Fairley: Creating the community health center capital trust fund account. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Kline, Kohl-Welles, Rasmussen, Regala, Snyder, Spanel, Thibaudeau and Winsley.
Passed to Committee on Rules for second reading.
February 22, 2001
SB 5921 Prime Sponsor, Senator Kohl-Welles: Authorizing doctorate level degrees in physical therapy at Eastern Washington University. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to Committee on Rules for second reading.
February 22, 2001
SB 6033 Prime Sponsor, Senator Kohl-Welles: Authorizing a college savings plan. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Referred to Committee on Ways and Means.
February 21, 2001
SB 6050 Prime Sponsor, Senator Morton: Providing funding for remote site wild fish incubators. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without recommendation. Signed by Senators Jacobsen, Chair; Spanel, Vice Chair; Constantine, Hargrove, Morton, Oke, Snyder and Stevens.
Referred to Committee on Ways and Means.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 6033 was referred to the Committee on Ways and Means.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
February 22, 2001
GA 9015 BERTHA M. GOEHNER, appointed February 2, 2000, for a term ending September 30, 2004, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 22, 2001
GA 9030 CAROL LANDA-McVICKER, appointed March 1, 2000, for a term ending September 30, 2003, as a member of the Board of Trustees for Spokane and Spokane Falls Community Colleges District No. 17.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 22, 2001
GA 9059 GENE L. CHASE, appointed April 3, 2000, for a term ending September 30, 2002, as a member of the Board of Trustees for Everett Community College District No. 5.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 22, 2001
GA 9098 MATTHEW MOORE, appointed June 1, 2000, for a term ending May 31, 2001, as a member of the Board of Regents for Washington State University.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 22, 2001
GA 9106 SHAWNTE’ PEARSON, appointed June 1, 2000, for a term ending May 31, 2001, as a member of the Board of Trustees for Central Washington University.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 22, 2001
GA 9116 DONALD ROOT, appointed October 1, 2000, for a term ending September 30, 2005, as a member of the Board of Trustees for Seattle, South Seattle and North Seattle Community Colleges District No. 6.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 22, 2001
GA 9121 HERB SIMON, appointed July 12, 2000, for a term ending June 30, 2004, as a member of the Higher Education Coordinating Board.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 22, 2001
GA 9125 RAFAEL STONE, appointed April 13, 2000, for a term ending September 30, 2005, as a member of the Board of Regents for Washington State University.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 22, 2001
GA 9137 KRIS POMIANEK, appointed December 1, 2000, for a term ending September 30, 2005, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
INTRODUCTION AND FIRST READING
SB 6115 by Senators Rossi, Roach, Benton, McDonald, Johnson, Finkbeiner, Horn, Stevens, Long and Honeyford
AN ACT Relating to general obligation bonds for regional transit authorities; and amending RCW 81.112.130.
Referred to Committee on Transportation.
SB 6116 by Senator McAuliffe
AN ACT Relating to volunteers at school athletic events; and adding a new section to chapter 4.24 RCW.
Referred to Committee on Judiciary.
SB 6117 by Senators Hochstatter and Stevens
AN ACT Relating to requiring that assessments measuring the essential academic learning requirements be proven to be valid measures of basic academics before they are mandatory; and amending RCW 28A.655.060.
Referred to Committee on Education.
SB 6118 by Senator Roach
AN ACT Relating to election of precinct committee officers; and amending RCW 29.04.020, 29.15.120, 29.30.060, 29.36.030, 29.42.040, 29.42.050, and 29.81.220.
Referred to Committee on State and Local Government.
SB 6119 by Senators Finkbeiner, Hewitt and Oke
AN ACT Relating to relief from the state property tax levy for senior citizens; amending RCW 84.36.385, 84.36.387, and 84.36.389; adding a new section to chapter 84.36 RCW; and creating a new section.
Referred to Committee on Ways and Means.
SB 6120 by Senators Kline and Hochstatter
AN ACT Relating to persistent offenders; amending RCW 9.94A.030; adding a new section to chapter 9.94A RCW; prescribing penalties; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Judiciary.
SB 6121 by Senators Kline, Winsley, Prentice, Oke and Kohl-Welles
AN ACT Relating to protection orders involving tenants; and adding a new section to chapter 59.18 RCW.
Referred to Committee on Judiciary.
SB 6122 by Senators Kohl-Welles, Carlson, Shin and Jacobsen
AN ACT Relating to state funding for the enrollments of the state's institutions of higher education; amending RCW 28B.10.776, 28B.10.778, 28B.10.784, and 28B.10.786; creating a new section; and repealing RCW 28B.10.780 and 28B.10.782.
Referred to Committee on Higher Education.
SJM 8021 by Senators McAuliffe, Finkbeiner, Regala, Johnson, Eide, Carlson, Winsley, Prentice, Oke and Kohl-Welles (by request of Superintendent of Public Instruction Bergeson)
Requesting that the federal government expand incentives to encourage people to become teachers in geographic areas and subjects with teacher shortages.
Referred to Committee on Education.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed, introduced and thanked Senate Pages Christian Mulcahy and Aaron Shields and House Page Mark Anikusko for a random act of kindness this past week. Observed by Senator Honeyford, the three Pages quickly and effectively came to the aid of a wheelchair bound visitor having difficulty navigating the rise in one of the campus sidewalks.
Members of the Senate stood and recognized the Pages for their kindness and thoughtfulness.
MOTION
On motion of Senator Roach, the following resolution was adopted:
SENATE RESOLUTION 2001-8616
By Senators Roach, Swecker, Johnson, Sheahan, Fairley, Rasmussen, Oke, Long, Costa, Winsley and Shin
WHEREAS, Washington State, as well as the rest of the country, recognizes and values freedom and democracy for its citizens and the world; and
WHEREAS, Our great nation has fought and continues to fight for freedom, democracy, and inalienable human rights, it is incumbent that the valiant efforts and turmoil of those fighting for this noble cause be recognized; and
WHEREAS, Freedom Fighter Aviator Ly Tong has courageously fought to educate, reform, and challenge governments, as well as citizens of non-democratic countries; and
WHEREAS, Freedom Fighter Aviator Ly Tong has given selflessly to this noble cause; and
WHEREAS, Because of Ly Tong’s valiant efforts, he has been captured and imprisoned four times, each time escaping from contentious hands; and
WHEREAS, He has been a model activist for refugee communities throughout the world; and
WHEREAS, Ly Tong was faced with copious adversity, he managed to fight for his cause and obtained BA and Masters degrees in Political Science at New Orleans University; and
WHEREAS, Freedom Fighter Aviator Ly Tong continues to zealously fight despite the opposition he faces; and
WHEREAS, Such efforts deserve the respect, admiration, and acknowledgment of all;
NOW THEREFORE, BE IT RESOLVED, That, the Washington State Senate recognizes the valiant efforts of Freedom Fighter Aviator Ly Tong, and sends their heartfelt gratitude to him and his family as he continues to fight bravely for freedom, democracy, and human rights.
Senators Roach, McDonald, Swecker and Shin spoke to Senate Resolution 2001-8616.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Freedom Fighter Aviator Ly Tong, who was seated in the gallery with many of his supporters.
MOTION
On motion of Senator Stevens, the following resolution was adopted:
SENATE RESOLUTION 2001-8620
By Senators Stevens, Kastama, Winsley, Hewitt, Carlson, Long, Parlette, Rossi, West, Hale, Rasmussen, Roach, Benton, McDonald, Sheahan, Hargrove, Johnson, Morton, Sheldon, T., Zarelli, Honeyford, Oke, Hochstatter, McCaslin, Swecker, Haugen, Kohl-Welles and Gardner
WHEREAS, The state of Washington recognizes the critical importance and fundamental right of parents to be actively involved in the direction of their children's education and character development; and
WHEREAS, Home schools can provide families the opportunity for their children to receive a sound academic education and reinforced by the at-home educational process; and
WHEREAS, The state of Washington is committed to excellence in education and student achievement; and
WHEREAS, Studies confirm that children who are educated at home score exceptionally well on nationally normed achievement tests, exhibit self-confidence and good citizenship, and are fully prepared to meet the challenge of today's society; and
WHEREAS, The state of Washington appropriately recognizes, by law, the right to home education as a legitimate and viable educational alternative; and
WHEREAS, Teaching children at home was the predominant form of education for much of America's early years; and
WHEREAS, Many notable Americans have been the product of home education, including George and Martha Washington, Benjamin Franklin, Abigail Adams, John Quincy Adams, Thomas Edison, Helen Keller, Douglas MacArthur, Pearl S. Buck, Franklin Roosevelt, Patrick Henry, John Marshall, Abraham Lincoln, Booker T. Washington, and Woodrow Wilson; and
WHEREAS, Washington now has more children being educated at home schools than ever before in the history of our state; and
WHEREAS, Some parents of students who home school have accepted an additional financial responsibility to provide for their children's education, while at the same time paying taxes which support Washington's public school system; and
WHEREAS, Some parent educators devote countless hours to helping their children attain academic excellence, a deep sense of patriotism, and civic responsibility and prepare them to become productive citizens; and
WHEREAS, It is appropriate that Washington's home-educating families be recognized for their selfless contribution to the quality of education in this great state;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington hereby honor, thank, and celebrate the home-educating families in the state.
Senators Stevens, Hargrove, Rasmussen and Hochstatter spoke to Senate Resolution 2001-8620.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced home school students and their parents, who were seated in the gallery.
MOTION
On motion of Senator Roach, the following resolution was adopted:
SENATE RESOLUTION 2001-8624
By Senators Roach, Fairley, Sheldon, T., Rasmussen, Hale, Benton, Kline, Jacobsen, Zarelli, West, Hewitt, Parlette, Winsley, Honeyford, Horn, Franklin, Patterson, Constantine, Kohl-Welles, Finkbeiner, Oke, Long, Stevens, Sheldon, B., Kastama, Costa, Haugen, Gardner, Johnson, Carlson, Hochstatter, Swecker, Morton, Rossi, Regala, Fraser, Thibaudeau, Spanel, Eide, Sheahan and Shin
WHEREAS, The citizen soldiers of the Washington Army National Guard have served the citizens of the state of Washington with honor, selfless duty and courage for many years; and
WHEREAS, The Washington Army National Guard has an increased role of integration and service in conjunction with the active duty forces of the United States of America throughout the world; and
WHEREAS, The Troop Command major command of the Washington Army National Guard maintains, equips, and trains key units which includes the 248th Rear Area Operations Center headquartered in Port Orchard, Washington; and
WHEREAS, The 248th Rear Area Operations Center was activated to federal service on July 20, 2000, under the Presidential Reserve Select Call-up, to service in the Balkans area of Skojpe, Macedonia, as part of the United States component of the Kosovo Forces (KFOR) Peacekeeping Operations; and
WHEREAS, The 248th Rear Area Operations Center operated Camp Able Sentry on a day-to-day basis the major base of operations for all U. S. Forces in the region as part of Task Force Falcon. The 248th Rear Area Operations Center soldiers worked long and dedicated hours in completing their assigned missions, as noted by the Unit Commander’s report, which stated, “The situation in Kosovo continues to improve. Our fellow soldiers there are providing a safe and secure environment to assist the United Nations in rebuilding the country. They are making progress every day. Virtually all forms of violent crime have seen significant decreases over the past year. Our effort has fostered an environment that has allowed the Kosovo people to vote in elections for the first time in many years. The people (of Kosovo) have spoken loud and clear in support of democratic change.”; and
WHEREAS, The 248th completed their service on behalf of the United States, and the state of Washington by completion of their duties in Kosovo in returning to Washington State on February 9, 2001;
THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honors the Officers, Non-commissioned Officers and Soldiers of the 248th Rear Area Operations Center of the Washington Army National Guard; and
BE IT FURTHER RESOLVED, That the Senate extends its collective appreciation specifically to Major General Timothy Lowenberg, Adjutant General State of Washington; Col. Terry Oxley, Commander, Troop Command, Washington Army National Guard; Lt. Col. John Shaughnessy, Commander, 248th Rear Area Operations Center; Command Sergeant Major William Barkley; and all the men and women of the 248th Rear Area Operations Center for their selfless, professional and honorable service to our nation and state; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to the Governor, the Adjutant General, and the Officers, NCO’s, and soldiers of the 248th Rear Area Operations Center, Washington Army National Guard.
Senators Roach, Rasmussen, Betti Sheldon, Kastama and Shin spoke to Senate Resolution 2001-8624.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Troop Command of the 248th Division of the Washington Army National Guard, who were seated in the gallery.
MOTION
At 10:48 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, February 26, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate