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SIXTEENTH DAY, FIRST SPECIAL SESSION

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, May 10, 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 Benton, Brown, Carlson, Deccio, Fairley, Gardner, Hargrove, Hewitt, Johnson, Kline, Morton, Parlette, Rossi, Stevens, Winsley and Zarelli. On motion of Senator Eide, Senators Brown, Fairley, Gardner, Hargrove and Kline were excused. On motion of Senator Honeyford, Senators Benton, Carlson, Deccio, Hewitt, Johnson, Morton, Parlette, Rossi, Stevens, Winsley and Zarelli were excused.

The Sergeant at Arms Color Guard, consisting of staff members Catherine Young and LuAnn Taylor, presented the Colors. Senator Margarita Prentice 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.

MESSAGE FROM THE GOVERNOR

May 9, 2001

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to advise you that on May 9, 2001, Governor Locke approved the following Senate Bills entitled:

Substitute Senate Bill No. 5077

Relating to the provisional employment of sheriff's employees.

Substitute Senate Bill No. 5184

Relating to requiring the department of social and health services to notify relevant agencies of investigative outcomes.

Engrossed Substitute Senate Bill No. 5372

Relating to cooperative agreements concerning the taxation of cigarettes sold on Indian lands.

Engrossed Substitute Senate Bill No. 5449

Relating to identity theft.

Substitute Senate Bill No. 5905

Relating to the negotiation, enforcement, and resolution of disputes regarding tribal/state gaming compacts under the federal Indian gaming regulatory act of 1988.

Substitute Senate Bill No. 6110

Relating to the Puget Sound crab pot buoy tag program.

Sincerely,

EVERETT H. BILLINGSLEA, General Counsel

MOTION

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

SENATE RESOLUTION 2001-8693

By Senator Haugen

WHEREAS, It is the tradition of the Washington State Senate to recognize examples of academic and vocational excellence in our schools; and

WHEREAS, On April 6, 2001, Stanwood High School won the state competition in a Future Farmers of America agricultural mechanics career development event held at Walla Walla Community College; and

WHEREAS, This marks the first time in thirteen years that Stanwood agricultural mechanics students have won the state competition, topping a field of fifteen other schools; and

WHEREAS, Capturing first place required students to excel both individually and as a team; and

WHEREAS, Each student was required to take a ninety question multiple-choice knowledge test and a thirty-question problem-solving test, perform six individual skills, and work with other team members to solve a problem; and

WHEREAS, Based on the competition’s theme of animal production systems, Stanwood students demonstrated critical agricultural skills involving land surveying and layout, farm product management and waste disposal, diesel and small gas engines, electric motors and controls, plasma arc cutting, arc welding, and hydraulics; and

WHEREAS, Team members Josh Benham, Joe Nagle, Mike Saylor, Brian Templeton and Sean Breum have earned the right to travel to Louisville, Kentucky, in October to represent Washington at the national competition, with Tyler Breum and James Unger positioned as alternates;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate congratulates Stanwood High School’s agricultural mechanics students in winning the state competition, and wishes them the best of luck when they compete against schools from across the nation; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to members of the Stanwood High School agricultural mechanics team and its adviser Darryl Main.

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Thibaudeau, Gubernatorial Appointment No. 9028, Patricia M. Lines, as a member of the Academic Achievement and Accountability Commission, was confirmed.

APPOINTMENT OF PATRICIA M. LINES

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 33; Nays, 0; Absent, 0; Excused, 16.

Voting yea: Senators Constantine, Costa, Eide, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and West - 33.

Excused: Senators Benton, Brown, Carlson, Deccio, Fairley, Gardner, Hargrove, Hewitt, Johnson, Kline, Morton, Parlette, Rossi, Stevens, Winsley and Zarelli - 16.

MOTION

On motion of Senator Thibaudeau, Gubernatorial Appointment No. 9048, Elaine M. Aoki, as a member of the Professional Educator Standards Board, was confirmed.

APPOINTMENT OF ELAINE M. AOKI

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 34; Nays, 0; Absent, 0; Excused, 15.

Excused: Senators Benton, Brown, Carlson, Deccio, Fairley, Gardner,Hargrove, Hewitt, Johnson, Kline, Morton, Parlette, Rossi, Stevens and Zarelli - 15.

PERSONAL PRIVILEGE

Senator Tim Sheldon: “Mr. President, I rise to a point of personal privilege. Before the session began, I had the opportunity to attend a ground breaking ceremony for the Squaxin Island Tribe in my district just north of Olympia. They were breaking ground on a museum basically--the Squaxin Island Museum, Library and Research Center. It is quite an impressive building. The construction is now under way and there is some money in our capital budget, also, for fixtures and other improvements to this building.

“During the ceremony, I learned a lot. At any of the gatherings of Indian people-- that at the ceremony --it is a long tradition of the tribe that some people are designated as witnesses and those witnesses would go back to their community and share with their community what happened at the ground breaking or what happened at the potlatch or what happened at the event that they all attended and share that word with the people in the community. My job that I took on that day was to come back to the State Senate and also share with you, so that you might share with your district and your constituents about this fine museum and library and research center that is under construction and hopefully to encourage you to visit and utilize the center. The purpose, as I read, is to protect and reaffirm the traditions and beliefs of the tribe, to encourage contemporary artistic expression, empowering the Indian voice ensuring that the knowledge of their ancestors, past and present, will survive and flourish for present and future generations.

“So, my point of personal privilege today is accomplished, I believe, to spread the word about this fine museum that is under construction just north of here. Thank you”

MOTION

On motion of Senator Costa, Gubernatorial Appointment No. 9157, Mike Sells, as a member of the Board of Trustees for Central Washington University, was confirmed.

Senators Costa and Shin spoke to the confirmation of Mike Sells as a member of the Board of Trustees for Central Washington University.

APPOINTMENT OF MIKE SELLS

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 34; Nays, 0; Absent, 0; Excused, 15.

Excused: Senators Benton, Brown, Carlson, Deccio, Fairley, Gardner, Hargrove, Hewitt, Johnson, Kline, Morton, Parlette, Rossi, Stevens and Zarelli - 15.

MOTION

On motion of Senator Prentice, Gubernatorial Appointment No. 9114, Judith D. Roland, as a member of the Horse Racing Commission, was confirmed.

APPOINTMENT OF JUDITH D. ROLAND

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 34; Nays, 0; Absent, 0; Excused, 15.

Excused: Senators Benton, Brown, Carlson, Deccio, Fairley, Gardner, Hargrove, Hewitt, Johnson, Kline, Morton, Parlette, Rossi, Stevens and Zarelli - 15.

MOTION

On motion of Senator Honeyford, Senators Hochstatter and West were excused.

MOTION

On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9045, Mark Wolfram, as a member of the Board of Trustees for Cascadia Community College District No. 30 , was confirmed.

APPOINTMENT OF MARK WOLFRAM

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 32; Nays, 0; Absent, 0; Excused, 17.

Voting yea: Senators Constantine, Costa, Eide, Finkbeiner, Franklin, Fraser, Hale, Haugen, Honeyford, Horn, Jacobsen, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 32.

Excused: Senators Benton, Brown, Carlson, Deccio, Fairley, Gardner, Hargrove, Hewitt, Hochstatter, Johnson, Kline, Morton, Parlette, Rossi, Stevens, West and Zarelli - 17.

MOTION

On motion of Senator Franklin, Gubernatorial Appointment No. 9121, Herb Simon, as a member of the Higher Education Coordinating Board, was confirmed.

Senators Franklin and Rasmussen spoke to the confirmation of Herb Simon as a member of the Higher Education Coordinating Board.

APPOINTMENT OF HERB SIMON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 32; Nays, 0; Absent, 0; Excused, 17.

Excused: Senators Benton, Brown, Carlson, Deccio, Fairley, Gardner, Hargrove, Hewitt, Hochstatter, Johnson, Kline, Morton, Parlette, Rossi, Stevens, West and Zarelli - 17.

MOTION

On motion of Senator Spanel, Gubernatorial Appointment No. 9056, Yvonne Cartwright, as a member of the Board of Trustees for Bellingham Technical College District No. 25, was confirmed.

APPOINTMENT OF YVONNE CARTWRIGHT

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 32; Nays, 0; Absent, 0; Excused, 17.

Excused: Senators Benton, Brown, Carlson, Deccio, Fairley, Gardner, Hargrove, Hewitt, Hochstatter, Johnson, Kline, Morton, Parlette, Rossi, Stevens, West and Zarelli - 17.

MOTION

At 10:45 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Friday, May 11, 2001.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate