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FIFTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, January 18, 2002

      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.

      The Sergeant at Arms Color Guard, consisting of Pages Emily Gonzalez and Celeste Jalbert, presented the Colors. Reverend Dale Oquist, pastor of the Evergreen Christian Center of 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

January 17, 2002

SB 5353             Prime Sponsor, Senator Prentice: Enforcing protection of archaeological sites. Reported by Committee on Ways and Means

      MAJORITY Recommendation: That the bill be referred to Committee on State and Local Government without recommendation. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice Chair; Hewitt, Kohl-Welles, Poulsen, Rasmussen, Rossi, B. Sheldon, Spanel, Thibaudeau and Zarelli.

      Referred to Committee on State and Local Government.

January 17, 2002

SSB 5370           Prime Sponsor, Senate Committee on Ways and Means: 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 the bill be referred to Committee on State and Local Government without recommendation. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice-Chair; Hewitt, Kohl-Welles, Poulsen, Rasmussen, Rossi, B. Sheldon, Spanel and Zarelli.

      Referred to Committee on State and Local Government.

January 17, 2002

SB 6330             Prime Sponsor, Senator Regala: Revising provisions relating to metropolitan park districts. Reported by Committee on State and Local Government

      MAJORITY Recommendation: That the bill be referred to Committee on Natural Resources, Parks and Shorelines without recommendation. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Roach and Swecker.

      Referred to Committee on Natural Resources, Parks and Shorelines.

January 17, 2001

SSCR 8404        Prime Sponsor, Senate Committee on Higher Education: Adopting the update to the state comprehensive plan for work force training and education. 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.

      Passed to Committee on Rules for second reading.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

January 17, 2002

GA 9154            BILL PALMER, appointed April 10, 2000, for a term ending at the Governor’s pleasure as Director of the Department of Services for the Blind.

                           Reported by Committee on State and Local Government

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Roach and Swecker.

      Passed to Committee on Rules.

January 17, 2002

GA 9162            LOIS CLEMENT, appointed February 23, 2001, for a term ending December 31, 2005, as a member of the Public Disclosure Commission.

                           Reported by Committee on State and Local Government

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Roach and Swecker.

      Passed to Committee on Rules.

INTRODUCTION AND FIRST READING

SB 6474             by Senators Morton, Hargrove, Hewitt, Honeyford, T. Sheldon, Hochstatter, Benton, Stevens, McCaslin, Long, Hale and Sheahan

AN ACT Relating to purchase of land by state agencies; and adding a new section to chapter 79.01 RCW.

Referred to Committee on Natural Resources, Parks and Shorelines.

SB 6475             by Senators Morton, Rasmussen, Roach, Hewitt, Long, Swecker, Stevens, Parlette, McCaslin, Hochstatter, Hale, Honeyford, Sheahan, Rossi and Johnson

AN ACT Relating to livestock damage; and adding a new section to chapter 77.12 RCW.

Referred to Committee on Agriculture and International Trade.

SB 6476             by Senators Costa, Long, Kohl-Welles, Carlson, Eide, Spanel, Snyder, Jacobsen and Gardner

AN ACT Relating to clarifying counseling costs that may be included in restitution ordered in juvenile court; and amending RCW 13.40.020.

Referred to Committee on Human Services and Corrections.

SB 6477             by Senators McAuliffe, Finkbeiner and Winsley (by request of Governor Locke, Superintendent of Public Instruction Bergeson, State Board of Education and Professional Educator Standards Board)

AN ACT Relating to qualifications for public school principals and vice principals; and amending RCW 28A.400.100.

Referred to Committee on Education.

SB 6478             by Senators McAuliffe, Finkbeiner and Winsley (by request of Governor Locke, Superintendent of Public Instruction Bergeson, State Board of Education and Professional Educator Standards Board)

AN ACT Relating to the professional educator standards board; and amending RCW 28A.410.200 and 28A.410.220.

Referred to Committee on Education.

SB 6479             by Senator Hochstatter

AN ACT Relating to the protection of schools and students from armed assault; amending RCW 9.41.280 and 9.41.---; adding a new section to chapter 9.41 RCW; and providing an effective date.

Referred to Committee on Education.

SB 6480             by Senators Eide, Morton, Keiser, Winsley and Fraser

AN ACT Relating to recycling and waste reduction; amending RCW 39.04.133, 70.95.010, 70.95.030, and 43.19.1905; adding a new section to chapter 81.77 RCW; adding a new section to chapter 70.95 RCW; and creating new sections.

Referred to Committee on Environment, Energy and Water.

SB 6481             by Senators Prentice and Winsley

AN ACT Relating to regulating insurance for rental vehicles; adding a new chapter to Title 48 RCW; and prescribing penalties.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6482             by Senators Long, Hargrove, Winsley, Haugen, Stevens, Deccio and Rasmussen

AN ACT Relating to removing time limits for treatment under the alcohol and drug addiction treatment and support act; and amending RCW 74.50.050.

Referred to Committee on Human Services and Corrections.

SB 6483             by Senators Prentice and Winsley (by request of Department of Financial Institutions)

AN ACT Relating to regulating securities; amending RCW 21.20.005, 21.20.020, 21.20.040, 21.20.110, 21.20.310, 21.20.370, and 21.20.380; and adding a new section to chapter 21.20 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6484             by Senators Haugen, Swecker, Rossi, Regala, B. Sheldon, Finkbeiner, T. Sheldon, Kastama, Jacobsen, Rasmussen, Winsley and Johnson

AN ACT Relating to federal estate tax benefits for conservation easements; and amending RCW 11.98.070 and 11.96A.030.

Referred to Committee on Judiciary.

SB 6485             by Senators Costa, Long, Shin, Stevens, Rasmussen and Winsley

AN ACT Relating to excise tax deductions for aircraft component parts used in repair or maintenance; adding a new section to chapter 82.04 RCW; and providing an effective date.

Referred to Committee on Ways and Means.

SB 6486             by Senators Gardner, Snyder, Franklin, Costa, Keiser, Rasmussen, Winsley and McAuliffe (by request of State Treasurer Murphy)

AN ACT Relating to college payment programs; amending RCW 28B.95.150; and providing an effective date.

Referred to Committee on Higher Education.

SB 6487             by Senators Costa, McCaslin, Roach, Long, Winsley and Kohl-Welles

AN ACT Relating to establishing the authority to create and operate regional jails; and adding a new section to chapter 70.48 RCW.

Referred to Committee on Judiciary.

SB 6488             by Senators Costa, Long, T. Sheldon, Eide, Winsley, Hale, Spanel, Jacobsen, Rasmussen, Gardner and Oke

AN ACT Relating to a statewide registered sex offender web site; amending RCW 43.43.540; reenacting and amending RCW 4.24.550; and adding new sections to chapter 10.98 RCW.

Referred to Committee on Human Services and Corrections.

SB 6489             by Senators Costa, Roach, Benton, Long, Kastama, Winsley, Kline, Honeyford, Hargrove, Hale, Rossi, Eide, Swecker, T. Sheldon, Hochstatter, Snyder, Jacobsen, McCaslin, Rasmussen and Oke

AN ACT Relating to the convicted offender DNA data base; amending RCW 43.43.754, 43.43.759, and 9.94A.505; amending 1989 c 350 s (uncodified); adding new sections to chapter 43.43 RCW; and providing an effective date.

Referred to Committee on Human Services and Corrections.

SB 6490             by Senators Roach, Kline, Rasmussen, Keiser, Regala, Benton, Honeyford, Oke, Hale, McDonald, Johnson, McCaslin, Kastama, Sheahan and Stevens

AN ACT Relating to motor vehicle theft; amending RCW 9A.56.070 and 13.40.0357; reenacting and amending RCW 9.94A.515; and prescribing penalties.

Referred to Committee on Judiciary.

SB 6491             by Senators Prentice and Winsley (by request of Gambling Commission and Liquor Control Board)

AN ACT Relating to meeting federal standards for criminal background checks for the liquor control board and the gambling commission; and amending RCW 9.46.070, 66.08.030, 66.24.010, and 66.24.025.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6492             by Senators Costa, Regala, Long, Winsley and Kohl-Welles (by request of Department of Labor and Industries)

AN ACT Relating to establishing a crime victims' compensation trust account and eliminating interest on third-party settlements; amending RCW 7.68.015, 7.68.030, 7.68.050, 7.68.090, 72.09.095, 72.09.110, and 72.09.111; reenacting and amending RCW 43.79A.040; and providing an effective date.

Referred to Committee on Human Services and Corrections.

SB 6493             by Senators Gardner, Finkbeiner, Keiser, Oke, Kastama and Winsley

AN ACT Relating to driving record abstracts furnished to transit authorities; and amending RCW 46.52.130.

Referred to Committee on Transportation.

SB 6494             by Senators Hochstatter, Haugen, Benton, Shin, Johnson, Gardner, Finkbeiner, Kastama, McDonald, Carlson, Swecker, Parlette, Stevens, Hewitt, Morton, Sheahan, Rasmussen, Winsley and Oke

AN ACT Relating to two-year vehicle licensing; amending RCW 46.16.006, 46.16.063, 46.16.065, 46.16.079, 46.16.085, 46.16.135, 46.16.160, 46.16.210, 46.16.220, 46.16.313, 46.16.505, 46.16.585, 46.16.670, and 81.104.160; and providing an effective date.

Referred to Committee on Transportation.

SB 6495             by Senators Kline, Thibaudeau, Long and McCaslin

AN ACT Relating to the joint funding of municipal projects by public agencies; and adding a new section to chapter 39.34 RCW.

Referred to Committee on State and Local Government.

SB 6496             by Senators Kohl-Welles, Kline, McCaslin and Winsley

AN ACT Relating to vehicular pursuit by law enforcement officers; adding new sections to chapter 43.101 RCW; and creating a new section.

Referred to Committee on Judiciary.

SB 6497             by Senators T. Sheldon, Finkbeiner, B. Sheldon, Rossi and Poulsen

AN ACT Relating to extending the prohibition on taxes or fees specific to internet service providers; and amending RCW 35.21.717.

Referred to Committee on Economic Development and Telecommunications.

SB 6498             by Senators Long, Hargrove, Costa, Carlson, Winsley and Kohl-Welles

AN ACT Relating to limiting the crime of sexual misconduct with a minor to cases in which the victim is a minor; and amending RCW 9A.44.093 and 9A.44.096.

Referred to Committee on Judiciary.

SB 6499             by Senators Kline, Hargrove, Costa, Long, Regala, Winsley and Kohl-Welles (by request of Department of Corrections)

AN ACT Relating to supervision of offenders; amending RCW 9.94A.545, 9.94A.637, 9.94A.650, 9.94A.690, 9.94A.700, 9.94A.705, 9.94A.715, 9.94A.720, 9.94A.750, 9.94A.760, 4.56.100, 72.65.080, and 41.06.380; reenacting and amending RCW 9.94A.753; and providing an effective date.

Referred to Committee on Human Services and Corrections.

SB 6500             by Senator Hochstatter

AN ACT Relating to the teaching of the theory of evolution in the common schools of the state of Washington; and adding a new section to chapter 28A.230 RCW.

Referred to Committee on Education.

SB 6501             by Senators Benton, Rasmussen, Stevens, Oke, Fairley, Finkbeiner, Johnson, Hochstatter, Winsley, Swecker, Roach, Keiser, McDonald, Prentice, Hale, Morton, Honeyford, McCaslin, Hewitt, Sheahan and Deccio

AN ACT Relating to sex offender and kidnapping offender residences; amending RCW 72.09.340; and reenacting and amending RCW 9A.44.130.

Referred to Committee on Human Services and Corrections.

SB 6502             by Senators Benton, Hochstatter, Stevens and Honeyford

AN ACT Relating to sales and use taxation for public facilities districts; and amending RCW 82.14.390.

Referred to Committee on Ways and Means.

SB 6503             by Senators Rasmussen and Hale

AN ACT Relating to regulating commodity commissions; amending RCW 15.66.010, 15.66.030, 15.66.110, 15.66.120, 15.66.130, 15.66.140, 15.66.185, and 15.66.245; adding new sections to chapter 15.66 RCW; and repealing RCW 15.66.020.

Referred to Committee on Agriculture and International Trade.

SB 6504             by Senators Kohl-Welles, Horn, Shin, Carlson, B. Sheldon, McAuliffe, Parlette, Jacobsen, Franklin and Sheahan

AN ACT Relating to institutions of higher education; amending RCW 28B.10.569, 28B.45.010, 28B.45.020, 28B.45.0201, 28B.45.030, 28B.45.040, 28B.45.050, 28B.80.450, 28B.80.510, 28B.101.020, 34.05.514, and 43.105.820; and reenacting and amending RCW 28B.101.040.

Referred to Committee on Higher Education.

SB 6505             by Senators Gardner and Hale

AN ACT Relating to local improvement districts; and amending RCW 35.45.030, 35.45.070, 35.45.080, and 35.54.010.

Referred to Committee on State and Local Government.

SB 6506             by Senators Regala, McAuliffe, Winsley, Eide, Thibaudeau, Kline, Horn, Haugen, Fraser, Prentice, Costa, Spanel, Kohl-Welles, Fairley, Jacobsen and Keiser

AN ACT Relating to medically accurate sexuality education programs; amending RCW 70.190.085 and 74.12.410; and adding a new section to chapter 28A.150 RCW.

Referred to Committee on Education.

SB 6507             by Senators T. Sheldon, Finkbeiner, Kastama and B. Sheldon

AN ACT Relating to siting of facilities for personal wireless services; amending RCW 35.63.200, 35A.63.220, 36.70.795, and 36.70A.390; and reenacting and amending RCW 35.99.050 and 35A.21.245.

Referred to Committee on Economic Development and Telecommunications.

SB 6508             by Senators Rasmussen, Swecker and Winsley

AN ACT Relating to registering pesticides; amending RCW 15.58.050, 15.58.070, 15.58.070, and 15.58.080; providing effective dates; and providing an expiration date.

Referred to Committee on Agriculture and International Trade.

SB 6509             by Senators Horn, T. Sheldon, Swecker, Poulsen, Gardner and Oke

AN ACT Relating to motorcycle license tab fees; and amending RCW 46.68.030.

Referred to Committee on Transportation.

SB 6510             by Senators Kline, Long and Costa (by request of Administrator for the Courts)

AN ACT Relating to the administrative office of the courts; amending RCW 2.14.110, 2.43.020, 2.43.030, 2.43.070, 2.56.010, 2.56.020, 2.56.030, 2.56.120, 2.56.150, 2.68.020, 2.70.050, 3.46.030, 3.50.020, 3.66.010, 3.66.070, 9.73.230, 9.94A.660, 9.94A.850, 9.94A.855, 10.64.120, 10.98.080, 10.98.100, 10.98.160, 13.34.102, 13.64.080, 13.70.130, 26.12.177, 26.12.802, 26.12.804, 26.18.210, 26.18.220, 26.19.011, 26.19.035, 26.19.050, 26.26.065, 26.50.030, 26.50.035, 35.20.030, 36.01.050, 36.18.018, 43.70.540, 43.101.280, 46.20.286, 74.14C.100, 74.20A.340, and 82.14.310; amending 2000 c 111 s 8 (uncodified); amending 1983 c 199 s 2 (uncodified); and reenacting and amending RCW 43.08.250.

Referred to Committee on Judiciary.

SB 6511             by Senators Johnson, Kline, Costa and Winsley (by request of Administrator for the Courts)

AN ACT Relating to judges pro tempore; and amending RCW 2.08.180.

Referred to Committee on Judiciary.

SB 6512             by Senators Kline, Johnson, Costa and Winsley (by request of Administrator for the Courts)

AN ACT Relating to the methodology of determining the number of district court judges; and amending RCW 3.34.020.

Referred to Committee on Judiciary.

SB 6513             by Senators Kline, Kastama, Long and Johnson

AN ACT Relating to service of summons for persons who cannot be found in this state; and amending RCW 46.64.040.

Referred to Committee on Judiciary.

SB 6514             by Senators Swecker, Oke, T. Sheldon, Hochstatter and Stevens

AN ACT Relating to civil forfeitures of property; amending RCW 69.50.505 and 9A.83.030; reenacting and amending RCW 69.50.520; and creating new sections.

Referred to Committee on Judiciary.

SJM 8032           by Senators Benton, Rasmussen, Roach, Oke, Fairley, Swecker, Gardner, Winsley, Prentice, Keiser, Franklin, Stevens, Hochstatter, Parlette, Long, Carlson, West, Deccio, Johnson and Snyder

Requesting Patriot's Day to be moved and celebrated on September 11th.

Referred to Committee on State and Local Government.

SJM 8033           by Senators Oke, Rasmussen, Roach, Horn, Rossi, Snyder, Winsley, Regala, Haugen, Benton, Sheahan, Hewitt, Morton, McCaslin and West

Opposing federalization of the National Guard.

Referred to Committee on State and Local Government.

MOTION

      On motion of Senator Betti Sheldon, Senate Bill No. 6467, which was held on the desk January 17, 2002, was referred to the Committee on Judiciary.

MOTION

      On motion of Senator Betti Sheldon, the following resolution was adopted:

SENATE RESOLUTION 8719

By Senators Sheldon, B., Kastama, Prentice, Franklin, Snyder, Spanel, Hale, West, Haugen, Kohl-Welles, Poulsen, McAuliffe, Fraser, Winsley, Oke, Jacobsen, Regala, Carlson, Swecker, Parlette, Roach, Honeyford, Gardner, Fairley, Keiser, Sheldon, T., Eide, Costa, Shin, Benton, Brown, Deccio, Finkbeiner, Hargrove, Hewitt, Hochstatter, Horn, Johnson, Kline, Long, McCaslin, McDonald, Morton, Rasmussen, Rossi, Sheahan, Stevens, Thibaudeau, and Zarelli

      WHEREAS, It is the tradition of the Washington State Senate to honor those who serve in our armed forces, risking their lives to protect our own; and

      WHEREAS, Two Bremerton-based vessels left Washington on July 23, 2001, anticipating one-hundred and eighty days of routine deployment to enforce the no-fly zone over southern Iraq; and

      WHEREAS, The unconscionable terrorist attacks on our country September 11 changed all that; and

      WHEREAS, After the attacks, the aircraft carrier USS Carl Vinson, commissioned in 1982, moved into position in the North Arabian Sea near Afghanistan and set up for a mission that may have been the most arduous in ship’s history; and

      WHEREAS, No carrier stayed on station longer or launched more air strikes than the Vinson, whose crew and air wing of 6,000 men and women worked twelve to fifteen hours a day, seven days a week; and

      WHEREAS, The first shot fired in the “War on Terrorism” came from the USS Carl Vinson; and

      WHEREAS, The Carl Vinson could not have carried out its work without the support of the USS Sacramento, the Navy’s oldest fast-combat supply ship; and

      WHEREAS, As naval forces from the United States, Great Britain, Australia, Canada, Italy and Japan arrived in the waters off Pakistan, the USS Sacramento became one of the most important assets in the war against terrorism, completing a total of one hundred and sixty eight alongside replenishments with forty-three different ships, transferring more than thirty-four million gallons of fuel, 3,300 lifts of ammunition, and thousands of pallets of food, stores, parts and mail; and

      WHEREAS, Practically every gallon of fuel used by, and every bomb dropped in Afghanistan, from a Carl Vinson jet came from the USS Sacramento; and

      WHEREAS, After seventy-three grueling days in support of “Operation Enduring Freedom,” in addition to more than one-hundred days at sea elsewhere – and after traveling 51,343.2 nautical miles, the equivalent of more than two times around the world, the USS Carl Vinson and the USS Sacramento are headed home this month; and

      WHEREAS, Those on board the USS Carl Vinson and the USS Sacramento are heroes and an inspiration to others; and

      WHEREAS, Everyone on board these vessels has helped heal our country during a time of crisis; and

      WHEREAS, All residents of Washington appreciate their dedication and the sacrifices they have made for the good of us all;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate do hereby recognize the selfless service of the crews of the USS Carl Vinson and USS Sacramento, and welcome the crews home; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Captain Steven R. Kremer, Commanding Officer of Naval Station Bremerton, Captain Richard B. Wren, Commanding Officer of the USS Carl Vinson and Captain J. D. Cloyd, Commanding Officer of the USS Sacramento.

      Senators Betti Sheldon and Oke spoke to Resolution 8719.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced Lieutenant Kory Schroeder from the USS Vinson, Lieutenant Dale Robertson from the USS Sacramento and Silvia Klatman and Jill Torres from the Bremerton Chamber of Commerce, as well as Mary Ann Mascianica from the Bremerton Chamber of Commerce and Public Affair Officer for the Puget Sound Naval Shipyard, who were seated in the gallery.

MOTION

      Senator Shin moved that the following resolution be adopted:

SENATE RESOLUTION 8720

By Senators Shin, Kastama, West, Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli

        WHEREAS, Green Beret, Sergeant First Class Nathan R. Chapman, of Puyallup, Washington, served his country most admirably as a U.S. Army Special Forces Soldier based at Fort Lewis; and

      WHEREAS, the married father of two spent the greater part of his twelve-and-a-half year military career at Fort Lewis with the First Special Forces Group; and

      WHEREAS, Sergeant First Class Chapman served his country most honorably in several overseas conflicts, including Panama, Haiti, and Operation Desert Storm; and

      WHEREAS, Sergeant First Class Chapman was assigned to the Fifth Special Forces Group in Afghanistan to assist in the struggle against the al-Quaida terrorist network and its Taliban allies; and

      WHEREAS, the Green Berets, in cooperation with CIA officers, were combing eastern Afghanistan near Khost on intelligence missions with Afghan fighters, searching caves and bunkers for remaining al-Quaida and Taliban soldiers; and

      WHEREAS, on January 4, 2002, near the Afghanistan-Pakistan border where Chapman and the CIA were collaborating with Afghan fighters, the Green Beret was hit by intense machine gun and rifle fire; and

      WHEREAS, Sergeant First Class Chapman was killed in the firefight, becoming the first U.S. Serviceman slain by enemy action in three months of warfare; and

      WHEREAS, Sergeant First Class Chapman was a dutiful son, loving husband and devoted father, who is survived by his wife, Renae, and children, Amanda, 2, and Brandon, 1, and by his parents, Will and Lynn Chapman of Georgetown, Texas;

      NOW, THEREFORE, BE IT RESOLVED, That we express our deepest sympathy to the family of Nathan R. Chapman in this time of extreme sorrow; and

      BE IT FURTHER RESOLVED, That we commend the courageous actions of Sergeant First Class Chapman, recognizing his loyalty, commitment and selfless service in defending the United States – even at the cost of his own life; and

      BE IT FURTHER RESOLVED, That the members of the Washington State Senate do hereby express their most heartfelt appreciation to Sergeant First Class Chapman for his outstanding example of patriotism in the cause of peace and freedom, recognizing his ultimate sacrifice in service to his country; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the family of Sergeant First Class Chapman.

REMARKS BY SENATOR SHIN

      Senator Shin: “Mr. President and members of the Senate--my colleagues. Today, I present to you Green Beret, Sergeant First Class Nathan R. Chapman in this rotunda. I feel with emotion because of what this young man has exemplified serving his country--the love and dedication he has given.

      “He left behind his mother and father; he left behind a loving wife and two children and her family. The day he left, according to Renae, ‘The day he left, we all cried. He gave me a heart and he broke it and he left.’ I tried to recollect what may have happened at that moment. This young man only thirty-one years old leaving into a combat situation to serve his country and perhaps not knowing whether he will return or not.

      “But, I especially feel for his wife, Renae, and what she must have thought. I remember half a century ago in Korea as a fifteen year old house boy serving U. S. Armed Forces. As the soldiers left in the morning for a combat situation, they all had deep emotion, concerned and

worried. Maybe some of them come back without an arm; some come back without a leg; and some never come back. As a little boy, I thought what must they have to do to serve their country and to even sacrifice their blood for purposes unknown?

      “I remember 1958 as a PFC stationed in Germany in the US Army. The Second Army Division was sent to the Lebanon crisis. In the airfield, we took a lot of sniper shots, but we were not allowed to shoot to fight them back. The hearts and thoughts came to our minds however as to how difficult it must be to sacrifice and yet they ask no questions because of the love that they have for their country. I do love this country and we talk about the price of freedom and may I say to you, my colleagues, the price of freedom bears responsibility. The country is wonderful and strives for freedom and opportunity for all.

      “I express these thoughts in a few words in the situation of September 11--the situation-- title America. ‘America your name is New Land, land of opportunity; land of enduring hope, admired by the nations, desired by its people. A symbol of freedom, an answer to liberty, sheltering those defeated by oppression, beckoning those burdened with despair, gathering all in a passionate embrace. In your magnificence, you offer hope, in your splendor, you provide opportunity, too often misrepresented, too easily misunderstood, strong and mighty, yet humble in spirit. Who dare to threaten, who dare to attack, to inflict pain and suffering, what caused these tears I see, flowing from your eyes--flooding the streams and rivers, into the cities and homes. The ends of the world would not be too far, my life not too precious, to defend and sustain your unprecedented honor until justice rings true throughout the land. The New Land--your name is America, land of blessings, land of prosperity, protected by the seal, IN GOD WE TRUST. Just as peace and tranquility follow the storm, and a radiant sunrise clears the darkness, restoration begins as we unite. You reign in our hearts, now stronger than ever, drawing all nations to marvel at your grace.’

      “I would like to dedicate my heartfelt sympathy to the Chapman family--mother and dad, both of Renae’s parents, and Renae and two little children. I try to wonder what the young children may go through. It is our responsibility to care for them and to love them at all costs. I feel for them deeply and I want you to know that we honor you and appreciate you for the sacrifice you made on our behalf.

      “We offer this Resolution as a result of that. I also urge my colleagues in the Senate to join me in signing on this resolution before we pass this copy to the Chapman family. Thank you very much.”

REMARKS BY SENATOR SWECKER

      Senator Swecker: “Thank you, Mr. President. I, too, rise in support of this resolution and to recognize the courage of Sergeant Chapman. One of the things that we should remember is that Sergeant Chapman was in his early thirties and he had a young family and wife. I know when I served in Vietnam, I was a twenty-one year old kid. I served with men who were career soldiers and who had commitments like this at home. It was a bigger challenge for them. I know they had concerns about their families and concerns about what might happen in the event that something happened to them.

      “I also want to commend his parents and his wife for their courage, even since his death in Afghanistan. I’ve seen them on TV going through a lot of the different ceremonies and participating in commemorations and it is not an easy task. I think their dignity has shown forth and is an honor to Sergeant Chapman.

      “Finally, I would like to say that, having been in a fire fight and having been wounded by small arms fire, I am sure that Sergeant Chapman’s last thoughts were of his family and I hope that is a comfort to them. Thank you.”

REMARKS BY SENATOR KASTAMA

      Senator Kastama: “Thank you, Mr. President. On the morning of January 11, last Friday, my son, like hundreds of other children gathered at the end of the block to get on the bus and go to school. That was in the home town of Sergeant First Class Nathan Chapman in Puyallup. I, instead, went to the service for Nathan Chapman and the two were so linked, because without the sacrifice of individuals like Nathan Chapman, my son and other children in my community would not enjoy what they do enjoy in my community.

      “At the service, I saw the family. I saw the family of the Special Forces, the family of Washington and the family of the United States gathered to support Nathan Chapman’s family. As Senator Shin so aptly points out, the United States is a very unique place. All nationalities are here and it is actually a grand experiment, as some people call it. We are a country that goes outside of our borders to enforce justice in the world and there is a price to pay for that. We pay that price, because we hope that other children in other countries and in our country continue to have what my children have--the values and the freedom that we have here. It is because of that sacrifice that we do have that.

      “Mrs. Chapman, I am sorry that you are here today. I think that this is the absolute least thing that we can do, as leaders in our community, to express our sorrow for your loss and our thanks for what your family has done for the United States. Thank you.”

REMARKS BY SENATOR HEWITT

      Senator Hewitt: “Thank you, Mr. President. I recall back in the mid to late sixties. Vietnam was on and you would walk through airports and see protesters from the war. I can’t repeat what I used to tell those people, but it went something like this: ‘You can stand here today and do exactly what you are doing, because men are in Vietnam dying, so that you can stand here.’ I have a coffee mug that I carry with me daily and use daily and inscripted on it that mug, it says, ‘Freedom is not free.’ Freedom is a gift. It is a privilege and Sergeant Chapman has paid the price for that freedom that we all enjoy. We wish you well. Godspeed the family of Sergeant Chapman. We feel deeply for you.”

REMARKS BY SENATOR DECCIO

      Senator Deccio: “Thank you, Mr. President. In June of this year, we will be dedicating the New National Guard Armory in Yakima. After I heard of the death of Sergeant Chapman, I thought it very fitting to do what I am going go do. I have prepared a letter to General Lowenberg, requesting that the facility be named ‘The Nathan Chapman Readiness Center.’ I would like to have all of you that feel that you can, to sign that letter. I think it is very appropriate that the first person to die in Afghanistan in this war that we take that opportunity and honor him in that way. So, I will be coming around and talking to you.”

      The President declared the question before the Senate to be the adoption of Senate Resolution 8720.

       The motion by Senator Shin carried and the resolution was adopted.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed, introduced and offered condolences to Renae Chapman, the wife of Sergeant First Class Nathan Chapman and their children, Amanda and Brandon. He also introduced Will and Lynn Chapman, the mother and father of Nathan Chapman, and the parents of Renae Chapman, Ted and Rosselyn Nesteby. Captain Edwin Hoenig, Detachment Commander to Nathan Chapman accompanied the family in the State Senate Gallery.

MOTION

      On motion of Senator Snyder, the remarks on the adoption of Senate Resolution 8720 will be transcribed and sent to the family of Green Beret, Sergeant First Class Nathan R. Chapman, as well as included in the Senate Journal.

MOTION

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

SENATE RESOLUTION 8716

By Senators Morton, West, Sheldon, B., Fairley, Sheahan, McCaslin, Parlette, Gardner, Johnson, Jacobsen, Kohl-Welles, Benton, Shin, Deccio, Costa, Fraser, Rossi, Oke, Thibaudeau, Swecker, Hewitt, Zarelli, Hochstatter, Haugen, Hargrove, Brown, Carlson, Eide, Finkbeiner, Franklin, Hale, Honeyford, Horn, Kastama, Keiser, Kline, Long, McAuliffe, McDonald, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheldon, T., Snyder, Spanel, Stevens and Winsley

      WHEREAS, Sergeant Nathan P. Hays of Wilbur, Washington, served his country most admirably as a Marine; and

      WHEREAS, A 1999 graduate of Wilbur High School, Hays was the only member of his class to join the military right out of high school, as he knew for years that he wanted to be a Marine; and

      WHEREAS, Always an athlete, Hays participated in wrestling, played baseball, and won all-league honors as a tight end and linebacker on his high school football team; and

      WHEREAS, As a high school junior, Hays completed his Eagle Scout project by raising $5,100, gathering donated materials and signing up volunteers to help him with the physical labor involved in erecting a new baseball scoreboard for the town of Wilbur; and

      WHEREAS, twenty-one-year-old Hays also loved hunting and was described by many as an extremely polite young man who possessed a quiet strength; and

      WHEREAS, On January 9, a U.S. military tanker plane involved in the “Operation Enduring Freedom” effort crashed into a mountain in Pakistan while making a landing approach, killing all seven Marines on board, including Hays; and

      WHEREAS, Hays is survived by his father, Washington State Patrol trooper James Hays; his mother Kimberly Hays; his older brother Patrick; and his younger sister Kassie;

      NOW, THEREFORE, BE IT RESOLVED, That we express our deepest sympathy to the family of Nathan P. Hays in this time of extreme sorrow; and

      BE IT FURTHER RESOLVED, That we commend the courageous actions of Sergeant Hays, recognizing his loyalty, commitment and selfless service in defending the United States – even at the cost of his own life; and

      BE IT FURTHER RESOLVED, That the members of the Washington State Senate do hereby express their most heartfelt appreciation to Sergeant Hays for his outstanding example of patriotism in the cause of peace and freedom, and recognize his ultimate sacrifice in service to his country; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the family of Sergeant Hays.

INTRODUCTION OF SPECIAL GUEST

      The President welcomed and introduced Sara Skocilich, a cousin of Sergeant Nathan P. Hays and a Senate Intern for the 2002 Session, who was seated in the gallery.

PERSONAL PRIVILEGE

      Senator Franklin: “A point of personal privilege, Mr. President. Throughout American history, we have had great men and women who have made enormous contributions to our country through giving of service. Some have paid the ultimate price of losing their lives such as those whom we are honoring and remembering today--Sergeant Nathan Ross Chapman, Sergeant Nathan P. Hayes and Rev. Dr. Martin Luther King, Jr.--the Baptist preacher who became a drum major for peace.

      “On Monday, our nation will pay tribute to the life and work of Martin Luther King, Jr. He was a man who stood for many things, but above all he stood for the notion that, through service, everyone can contribute to the common good. Everyone can help move us toward a more fair and just society; everyone can contribute to making their communities stronger.

      “No one said it better than Dr. King. He said ‘Everybody can be great. Because anybody can serve. You don’t have to have a college degree to serve. You don’t have to make your subject and your verb agree to serve. You don’t have to know about Plato and Aristotle to serve. You don’t have to know Einstein’s theory of relativity to serve. You don’t have to know the second theory of thermodynamics to serve. You only need a heart full of grace. A soul generated by love.’

      “In the wake of the tragic events of September 11, we saw many hearts full of grace and compassion. We saw our leaders, in the spirit of Martin Luther King, reached out to our Muslim friends and neighbors to stand with them against hate and bigotry. We were reminded again of the evils of intolerance and the importance of community.

      “It is in that spirit--the spirit of service and compassion--that we can best honor the memory of Martin Luther King. Each of us can take an hour to visit a resident in a nursing home--or help build a home for a struggling family--or teach a child how to read--or plant a tree along a salmon stream.

      “Let us not let Martin Luther King Day become just another holiday whose origins and meaning are lost. Let us carry forward his legacy by taking action, by serving in our communities, by, as he said, ‘Working unceasingly to uplift this nation that we love to a higher plateau of compassion.’ Thank you.”

MOTION

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

THIRD READING

      SENATE BILL NO. 5852, by Senators Franklin, Kline, Costa and Kohl-Welles

Reporting on issues pertaining to racial profiling.

MOTION

      On motion of Senator Kline, the rules were suspended, Senate Bill No. 5852 was returned to second reading and read the second time.

MOTIONS

      On motion of Senator Franklin, the following amendment was adopted:

       On page 3, line 11, strike "2001" and insert "2002"

      On motion of Senator Franklin, Engrossed Senate Bill No. 5852 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5852.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5852 and the bill passed the Senate by the following vote:

Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Absent: Senator Parlette - 1.

      ENGROSSED SENATE BILL NO. 5852, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTIONS

      On motion of Senator West, Senator McDonald was excused.

      On motion of Senator Honeyford, Senator Parlette was excused.

MOTION

      On motion of Senator Eide, Senator Kline was excused.

THIRD READING

      SUBSTITUTE SENATE BILL NO. 5236, by Senate Committee on Human Services and Corrections (originally sponsored by Senators Kohl-Welles, Long, Thibaudeau, Costa, McAuliffe, Eide, Stevens, Fairley, Prentice, Franklin, Fraser, Carlson, Spanel, Regala, Hargrove, Oke and Patterson)

Ensuring the health and safety of newborn infants who have been abandoned and exempting from criminal liability persons who abandon them into the custody of a qualified person.

MOTIONS

      On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 5236 was returned to second reading and read the second time.

      On motion of Senator Kohl Welles, the following striking amendment by Senators Kohl-Welles, Long and Hargrove was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature intends to increase the likelihood that pregnant women will obtain adequate prenatal care and will provide their newborns with adequate health care during the first few days of their lives. The legislature recognizes that prenatal and postdelivery health care for newborns and their mothers is especially critical to their survival and well-being. The legislature intends that reasonable steps should be taken to remove any barriers to such care, particularly for those parents who may otherwise encounter emotional and/or psychological barriers to obtaining such care by reducing impediments to obtaining prenatal and postdelivery care to newborns while encouraging pregnant women to act responsibly regarding the health of their newborns. The legislature does not intend to encourage the abandonment of newborn children nor to change existing law relating to notification to parents under chapter 13.34 RCW, but rather to assure that abandonment does not occur and that all newborns have an opportunity for adequate health care and a stable home life.

       NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows: