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                                                                                          SIXTY-SEVENTH DAY

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NOON SESSION

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Senate Chamber, Cherberg Building, Olympia, Thursday, March 15, 2001

      The Senate was called to order at 12:00 noon by Vice President Pro Tempore Shin. 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.


MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS


January 16, 2001

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.

      Sue Crystal, appointed January 16, 2001, for a term ending at the pleasure of the Governor as the Administrator of the Washington State Health Care Authority.  

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Health and Long-Term Care.


February 13, 2001

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.

      Connie Kearney, appointed February 12, 2001, for a term ending December 31, 2002, as Chair of the Interagency Committee for Outdoor Recreation.

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Natural Resources, Parks and Shorelines.


                                                                                                                                                                                                  February 13, 2001

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.

      Christine Wakefield Nichols, reappointed February 12, 2001, for a term ending December 31, 2002, as a member of the Interagency Committee for Outdoor Recreation. 

Sincerely,

GARY LOCKE, Governor


      Referred to Committee on Natural Resources, Parks and Shorelines. 


February 20, 2001

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.

      Duane Sommers, appointed February 20, 2001, for a term ending July 1, 2006, as a member of the Board of Trustees for the State School for the Deaf.

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Education.


February 22, 2001

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.

      Michael J. Allan, appointed February 22, 2001, for a term ending September 30, 2005, as a member of the Board of Trustees for Highline Community College.

Sincerely,

GARY LOCKE, Governor

      Referred to Committee on Higher Education. 


February 23, 2001

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.

      Lois Clement, appointed February 23, 2001, for a term ending December 31, 2005, as a member of the Public Disclosure Commission.

Sincerely,

GARY LOCKE, Governor


      Referred to Committee on State and Local Government. 


MESSAGES FROM THE HOUSE


March 13, 2001

MR. PRESIDENT:

      The House has passed the following bills:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1034,

      HOUSE BILL NO. 1084,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1420,

      HOUSE BILL NO. 1438,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1458,

      SUBSTITUTE HOUSE BILL NO. 1517,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1658,

      SECOND SUBSTITUTE HOUSE BILL NO. 1752,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1996,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1997,

      SUBSTITUTE HOUSE BILL NO. 2051,

      HOUSE BILL NO. 2086,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2137,

      ENGROSSED HOUSE BILL NO. 2168,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2172, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


March 13, 2001

MR. PRESIDENT:

      The House has passed the following bills:

      SUBSTITUTE HOUSE BILL NO. 1011,

      SECOND SUBSTITUTE HOUSE BILL NO. 1041,

      HOUSE BILL NO. 1044,

      HOUSE BILL NO. 1048,

      HOUSE BILL NO. 1062,

      HOUSE BILL NO. 1116,

      SUBSTITUTE HOUSE BILL NO. 1119,

      SUBSTITUTE HOUSE BILL NO. 1135,

      HOUSE BILL NO. 1138,

      HOUSE BILL NO. 1198,

      SECOND SUBSTITUTE HOUSE BILL NO. 1249,

      HOUSE BILL NO. 1269,

      HOUSE BILL NO. 1277,

      SUBSTITUTE HOUSE BILL NO. 1292,

      SUBSTITUTE HOUSE BILL NO. 1325,

      SUBSTITUTE HOUSE BILL NO. 1341,

      HOUSE BILL NO. 1859,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4010, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


March 13, 2001

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1180,

      SUBSTITUTE HOUSE BILL NO. 1384,

      SUBSTITUTE HOUSE BILL NO. 1450,

      SUBSTITUTE HOUSE BILL NO. 1560,

      SECOND SUBSTITUTE HOUSE BILL NO. 1607,

      SUBSTITUTE HOUSE BILL NO. 1646,

      SUBSTITUTE HOUSE BILL NO. 1678,

      HOUSE BILL NO. 1699,

      HOUSE BILL NO. 1750,

      SECOND SUBSTITUTE HOUSE BILL NO. 1835,

      ENGROSSED HOUSE BILL NO. 1936,

      SUBSTITUTE HOUSE BILL NO. 1992,

      SUBSTITUTE HOUSE BILL NO. 2066,

      SUBSTITUTE HOUSE BILL NO. 2105,

      HOUSE BILL NO. 2126,

      ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


INTRODUCTION AND FIRST READING

 

SCR 8412          by Senators Morton and McCaslin

 

Establishing a select committee on state boundaries.


MOTION


      On motion of Senator Betti Sheldon, the rules were suspended and Senate Concurrent Resolution No. 8412 was held on the Introduction and First Reading Calendar.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 1011          by House Committee on Finance (originally sponsored by Representatives Campbell, Conway, Benson, Mielke, Skinner, Pennington, DeBolt, Delvin, Ogden, Esser, Reardon, Linville, Pearson, Alexander, Barlean, Ericksen, Carrell, Morell, Dunn, Van Luven, O'Brien, Ahern and Talcott)

 

Providing a property tax exemption to veterans with severe disabilities.

 

Referred to Committee on Ways and Means.

 

ESHB 1034        by House Committee on Agriculture and Ecology (originally sponsored by Representatives Pennington, Mielke and Schindler)

 

Changing outdoor burning provisions.

 

Referred to Committee on Environment, Energy and Water.

 

2SHB 1041        by House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, O'Brien, Lambert, Ruderman, Woods and Hurst)

 

Allowing protection orders for unlawful harassment to restrain persons under the age of eighteen.

 

Referred to Committee on Judiciary.

 

HB 1044            by Representatives Conway, Lambert, H. Sommers, Talcott, Doumit, Pearson, Alexander, Kagi, McIntire, Hurst, Hatfield, Haigh, Kenney, Edmonds, Keiser and Simpson (by request of Joint Committee on Pension Policy)

 

Converting the number of months into hours that teachers' retirement system, public employees' retirement system, and school employees' retirement system retirees may work without a reduction in their retirement allowance.

 

Referred to Committee on Ways and Means.

 

HB 1048            by Representatives Lambert, Doumit, Cox, Mulliken, H. Sommers, Clements, Talcott, Pearson, Alexander, Conway, Kagi, Ruderman, Hunt, McIntire, Hurst, Haigh, Kenney, Edmonds, Keiser and Simpson (by request of Joint Committee on Pension Policy)

 

Increasing the number of hours that teachers' retirement system plan retirees may work in an eligible position to eight hundred forty without a reduction in their retirement benefits.

 

Referred to Committee on Ways and Means.

 

HB 1062            by Representatives O'Brien, Ballasiotes, Delvin, Lovick and Haigh (by request of Criminal Justice Training Commission)

 

Modifying provisions pertaining to the certification of peace officers.

 

Referred to Committee on Judiciary.

 

HB 1084            by Representatives Ogden, Dunn, Boldt and Fromhold

 

Authorizing independent salary commissions for cities, towns, and counties.

 

Referred to Committee on State and Local Government.

 

HB 1116            by Representatives Campbell, Cody, Carrell, Morris, Roach, Santos, Pennington, Conway, Romero, O'Brien, Hunt, Edmonds, Darneille, Veloria, Schual-Berke, Reardon, Lantz, Simpson, Cairnes, Dunshee, Dickerson, Alexander, Fromhold, D. Schmidt, Haigh and Jackley

 

Clarifying tax exemptions for sale or use of orthotic devices.

 

Referred to Committee on Ways and Means.

 

SHB 1119          by House Committee on Finance (originally sponsored by Representatives Schoesler, Gombosky, Ahern and Schindler)

 

Modifying the taxation of new and used motor vehicle sales.

 

Referred to Committee on Ways and Means.

 

SHB 1135          by House Committee on Judiciary (originally sponsored by Representatives Lantz, Esser and McDermott)

 

Modifying power of attorney provisions.

 

Referred to Committee on Judiciary.

 

HB 1138            by Representatives Cairnes, Conway, Campbell, Dunshee, O'Brien, Cooper, Simpson, Roach, Kenney, D. Schmidt, Kirby and Keiser

 

Depositing wage fines in the public works administration account.

 

Referred to Committee on Labor, Commerce and Financial Institutions.

 

E2SHB 1180      by House Committee on Appropriations (originally sponsored by Representatives Cody, Marine, Ruderman, McMorris and Schual-Berke) (by request of Department of Health)

 

Obtaining and expending funds for the public health system.

 

Referred to Committee on Health and Long-Term Care.

 

HB 1198            by Representatives G. Chandler and Cooper (by request of Department of Health)

 

Including drinking water accounts in interest-bearing accounts.

 

Referred to Committee on Environment, Energy and Water.

 

2SHB 1249        by House Committee on Appropriations (originally sponsored by Representatives Kagi, Boldt, Ballasiotes, Tokuda, Dickerson, Gombosky, Darneille, Morell, Anderson, Schual-Berke, Esser, McIntire, Doumit, Kenney, Clements, Edwards, Fromhold, Miloscia, Barlean, Talcott, Ruderman, Conway, Kessler, Ogden, Lovick, D. Schmidt, O'Brien, Edmonds, Wood and Haigh)

 

Regarding the quality of foster care services.

 

Referred to Committee on Human Services and Corrections.

 

HB 1269            by Representatives Bush and Campbell

 

Authorizing additional hardship waivers for vehicle owners in cases of suspended license vehicle impounds.

 

Referred to Committee on Judiciary.

 

HB 1277            by Representatives Bush, Veloria, Van Luven, Kenney, Kirby, Mulliken and Dunshee

 

Regarding residential landlord-tenant relationships.

 

Referred to Committee on Judiciary.

 

SHB 1292          by House Committee on Children and Family Services (originally sponsored by Representatives Tokuda, Campbell, Boldt, Miloscia, Kagi, Morell, Darneille and Veloria)

 

Changing provisions relating to persons incapacitated by a chemical dependency.

 

Referred to Committee on Human Services and Corrections.

 

SHB 1325          by House Committee on State Government (originally sponsored by Representatives D. Schmidt, Conway, Haigh, Bush, Talcott, Romero, Mielke, Anderson, Rockefeller, Campbell and Wood) (by request of Joint Select Committee on Veterans' and Military Affairs)

 

Creating a joint committee on veterans' and military affairs.

 

Referred to Committee on State and Local Government.

 

SHB 1341          by House Committee on Appropriations (originally sponsored by Representatives Campbell, Conway, Boldt, Ruderman and Van Luven) (by request of Department of Social and Health Services)

 

Developing a home and community-based waiver for persons in community residential settings.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 1384          by House Committee on State Government (originally sponsored by Representatives Romero, McMorris, Simpson, Conway, Miloscia, Haigh, D. Schmidt, Clements, Delvin, Hunt, Lambert, Benson and Schindler) (by request of State Auditor Sonntag)

 

Clarifying the circumstances under which the governing body of a public agency may hold an executive session to discuss litigation.

 

Referred to Committee on State and Local Government.

 

ESHB 1420        by House Committee on Commerce and Labor (originally sponsored by Representatives Hurst, Roach, Dunshee, Lovick, Woods, Jackley, Mielke, Wood, Carrell, Cooper, Sump, Hatfield, Pflug, Haigh, Conway, Reardon, Morris, Edmonds, Ruderman, O'Brien, Veloria, Poulsen, Morell, Kenney, Bush, Anderson, Cody, Santos, Rockefeller and Kessler)

 

Prohibiting discrimination against volunteer fire fighters.

 

Referred to Committee on Labor, Commerce and Financial Institutions.

 

HB 1438            by Representatives Skinner, Edmonds, Conway and Schual-Berke

 

Modifying the property tax exemption for senior citizens.

 

Referred to Committee on Ways and Means.

 

SHB 1450          by House Committee on Finance (originally sponsored by Representatives Rockefeller and Morris)

 

Providing property tax relief for certain land transfers.

 

Referred to Committee on Ways and Means.

 

ESHB 1458        by House Committee on Local Government and Housing (originally sponsored by Representatives Edwards, Mulliken, Hatfield, DeBolt, Mielke, Edmonds and Rockefeller)

 

Relating to establishing a timeline for final decisions on project permit applications.

 

Referred to Committee on State and Local Government.

 

SHB 1517          by House Committee on State Government (originally sponsored by Representatives Miloscia, Anderson, Dunshee, Jarrett, Hunt, Keiser, Lambert, Ruderman, Rockefeller, Fromhold, Schindler, Boldt, Kenney, Simpson, Barlean, Tokuda and Dickerson)

 

Establishing quality management programs.

 

Referred to Committee on State and Local Government.

 

SHB 1560          by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Lambert, Lovick, Ballasiotes, O'Brien, Mulliken, Sump and Schindler)

 

Restricting the use of the terms sheriff and sheriff's posse.

 

Referred to Committee on Judiciary.

 

2SHB 1607        by House Committee on Appropriations (originally sponsored by Representatives Anderson, Haigh, Talcott, Quall, Keiser, Kenney, Schual-Berke, Edmonds, Rockefeller, McIntire, O'Brien, Darneille and Santos) (by request of Governor Locke and Superintendent of Public Instruction Bergeson)

 

Creating alternative routes to teacher certification.

 

Referred to Committee on Education.

 

SHB 1646          by House Committee on Education (originally sponsored by Representatives D. Schmidt, Haigh, Talcott, Keiser, Cox, Schual-Berke, Anderson, Pearson, Quall, Santos, Rockefeller, McDermott, Schindler, Conway, Bush, Dunn and Campbell)

 

Including the Washington national guard youth challenge program as an alternative educational service provider.

 

Referred to Committee on Education.

 

E2SHB 1658      by House Committee on Appropriations (originally sponsored by Representatives Buck, Doumit, Ericksen, Linville, Haigh, G. Chandler, Cooper and Dunshee)

 

Establishing a pilot project culturing shellfish on nonproductive oyster reserve land.

 

Referred to Committee on Natural Resources, Parks and Shorelines.

 

SHB 1678          by House Committee on Transportation (originally sponsored by Representatives Fisher, Mitchell and Poulsen) (by request of The Blue Ribbon Commission on Transportation)

 

Funding advance right-of-way acquisitions.

 

Referred to Committee on Transportation.

 

HB 1699            by Representatives Alexander, Hunt, DeBolt and Romero

 

Suspending the driving privileges of juveniles who have committed the offense of threatening to bomb a school building.

 

Referred to Committee on Education.

 

HB 1750            by Representatives Fisher, Mitchell, Simpson, Schindler, Wood, Hurst and Ogden

 

Authorizing cities and towns to require full compensation from abutting property owners for street vacations.

 

Referred to Committee on Transportation.

 

2SHB 1752        by House Committee on Appropriations (originally sponsored by Representatives Clements, Grant, G. Chandler, B. Chandler, Linville, Lisk, McMorris, Armstrong, Schoesler and Mulliken)

 

Allowing for claims for wildlife damage on rangeland suitable for grazing or browsing of domestic livestock.

 

Referred to Committee on Agriculture and International Trade.

 

ESHB 1785        by House Committee on Natural Resources (originally sponsored by Representatives Murray, Alexander, Doumit, Rockefeller, Esser, Sump, Kenney and McIntire)

 

Implementing the recommendations of the joint legislative audit and review committee report regarding capital budget programs investing in the environment.

 

Referred to Committee on Environment, Energy and Water.

 

2SHB 1835        by House Committee on Finance (originally sponsored by Representatives Doumit, Sump, Schoesler and Clements)

 

Creating a forest products commission.

 

Referred to Committee on Natural Resources, Parks and Shorelines.

 

HB 1859            by Representatives Poulsen, Crouse, Morris, Casada, DeBolt, Esser, Simpson, B. Chandler, Linville, Delvin, Wood, Conway, Kenney, Santos, Romero, Kessler, Pflug, Rockefeller, Lovick, O'Brien, Darneille, Pearson, Ruderman, McIntire, Anderson, Keiser, Dunn, McDermott, Kagi, Schual-Berke, Campbell, Edmonds and Jackley

 

Exempting electric generating facilities using wind, solar energy, landfill gas, or fuel cells from sales and use taxes.

 

Referred to Committee on Environment, Energy and Water.

 

EHB 1936          by Representatives Quall, Morris, Linville, Grant, Sehlin, Doumit, Esser and Anderson

 

Allowing the residential owner of land that abuts state-owned shoreland to anchor their boats to adjacent buoys.

 

Referred to Committee on Natural Resources, Parks and Shorelines.

 

SHB 1992          by House Committee on Juvenile Justice (originally sponsored by Representatives Lantz and Woods)

 

Providing for communications to schools from juvenile justice and care agencies.

 

Referred to Committee on Human Services and Corrections.

 

ESHB 1996        by House Committee on State Government (originally sponsored by Representatives Lambert and Haigh) (by request of Department of Fish and Wildlife)

 

Protecting certain data obtained by the department of fish and wildlife.

 

Referred to Committee on Natural Resources, Parks and Shorelines.

 

ESHB 1997        by House Committee on Local Government and Housing (originally sponsored by Representatives Alexander, DeBolt, Doumit, Mulliken, Dunshee, Mielke, Kessler, Hatfield and Ogden)

 

Revising provisions relating to industrial land banks.

 

Referred to Committee on State and Local Government.

 

SHB 2051          by House Committee on State Government (originally sponsored by Representatives Roach, Quall, Bush, G. Chandler, Hatfield, McMorris, Grant, Kessler and Woods)


                           Revising rule-making procedures.

 

Referred to Committee on State and Local Government.

 

SHB 2066          by House Committee on Education (originally sponsored by Representatives Keiser, Talcott, Quall, Anderson, Haigh, Romero, Ericksen, D. Schmidt, Conway, Pearson, Schindler, Cox, Edmonds, Santos and Kenney)

 

Enhancing educator preparation and mentoring.

 

Referred to Committee on Education.

 

HB 2086            by Representatives O'Brien, Ballasiotes, Lovick, Kenney and Conway (by request of Department of Community, Trade, and Economic Development)

 

Bringing state law into compliance with federal standards for lifetime registration for certain sex offenders.

 

Referred to Committee on Human Services and Corrections.

 

SHB 2105          by House Committee on Natural Resources (originally sponsored by Representatives Sump, Doumit, Pearson, Rockefeller and Woods)

 

Modifying provisions related to small forest landowners.

 

Referred to Committee on Natural Resources, Parks and Shorelines.

 

HB 2126            by Representatives Kenney, Cox, McIntire and Edwards (by request of Committee on Advanced College Tuition Payment and State Treasurer Murphy)

 

Authorizing a college savings plan.

 

Referred to Committee on Higher Education.

 

ESHB 2137        by House Committee on Education (originally sponsored by Representatives Hunt, Armstrong, Talcott, Quall, Wood, Delvin, Rockefeller, Fromhold, Keiser and Jackley)

 

Prohibiting explosives on school premises.

 

Referred to Committee on Education.

 

EHB 2168          by Representatives Conway, Schoesler, O'Brien, Ballasiotes, Darneille, Kirby and Hunt

 

Regulating siting of essential state community justice facilities.

 

Referred to Committee on Human Services and Corrections.

 

ESHB 2172        by House Committee on Commerce and Labor (originally sponsored by Representatives Grant and Mastin)

 

Modifying provisions on the repair and maintenance of backflow prevention assemblies.

 

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SHJM 4010        by House Committee on Finance (originally sponsored by Representatives Dunn, Fromhold, Pennington, Ogden, Hatfield, Mielke, Boldt and Grant)

 

Requesting fair tax treatment of Washington residents working in Oregon.

 

Referred to Committee on Ways and Means.

 

EHCR 4410       by Representatives Sump, Doumit, Sehlin, H. Sommers, Mulliken, Linville, Armstrong, Murray, Alexander and Hatfield

 

Creating a joint select legislative task force to evaluate the state's authority under the forest resources conservation and shortage relief act.

 

Referred to Committee on Natural Resources, Parks and Shorelines.


MOTION


      On motion of Senator Betti Sheldon, House Bill No. 1752 was referred to the Committee on Agriculture and International Trade.


MOTION


      At 12:04 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Friday, March 16, 2001.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate