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NINTH DAY, FIRST SPECIAL SESSION
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, May 3, 2001
The Senate was called to order at 10:00 a.m. by President Pro Tempore Franklin. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senator Kastama. On motion of Senator Eide, Senator Kastama was excused. The Sergeant at Arms Color Guard, consisting of staff members Moirya Dehe and Cynthia Kaiser, presented the Colors. Senator Harold Hochstatter 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 HOUSE
May 2, 2001
MR. PRESIDENT:
The Co-Speakers have signed SENATE BILL NO. 6181, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
INTRODUCTION AND FIRST READING
SB 6182 by Senators Swecker and Prentice
AN ACT Relating to primaries; amending RCW 29.01.090, 29.04.180, 29.24.070, 29.27.020, 29.27.030, 29.30.005, 29.30.095, 29.30.101, 29.42.010, 29.42.050, and 42.17.020; adding new sections to chapter 29.01 RCW; adding a new section to chapter 29.07 RCW; adding new sections to chapter 29.15 RCW; adding a new chapter to Title 29 RCW; repealing RCW 29.18.010, 29.18.120, 29.18.150, 29.18.160, and 29.18.200; and declaring an emergency.
Referred to Committee on State and Local Government.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the third order of business.
MESSAGES FROM THE GOVERNOR
May 2, 2001
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on May 2, 2001, Governor Locke approved the following Senate Bill entitled:
Senate Bill No. 6181
Relating to allowing Washington state ferry fares to be increased in excess of the fiscal growth factor.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
May 2, 2001
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on May 2, 2001, Governor Locke approved the following Senate Bills entitled:
Senate Bill No. 5127
Relating to determining the number of unclassified personnel in the sheriff's office.
Substitute Senate Bill No. 5205
Relating to providing information for independent medical examinations.
Substitute Senate Bill No. 5263
Relating to employment rights of members of the reserve and national guard forces called to duty.
Senate Bill No. 5270
Relating to modifying requirements for certain victims of sexually violent predators to be eligible for victims' compensation.
Senate Bill No. 5389
Relating to small claims court.
Senate Bill No. 5440
Relating to correcting the number of gubernatorial appointments to the fish and wildlife commission.
Senate Bill No. 5491
Relating to small claims appeals.
Substitute Senate Bill No. 5734
Relating to agricultural fairs.
Senate Bill No.. 5863
Relating to an exchange of bedlands and resolution of boundary disputes in and near the Cowlitz river near the confluence of the Columbia river in Longview, Washington.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Hewitt, the following resolution was adopted:
SENATE RESOLUTION 2001-8688
By Senators Hewitt, Oke, Honeyford, Parlette, Carlson, Sheahan, Roach and Rasmussen
WHEREAS, on April 21, 2001, Pat Mohney, without regard for his own safety, came to the assistance of a young mother trying to protect her two-year-old daughter from an attack by two dogs; and
WHEREAS, Pat Mohney, hitting and hollering at the dogs to distract them from the child, soon became the center of their attention as they came after him; and
WHEREAS, while Pat Mohney was leading the dogs away, Terrie Nordman and her daughter Alexis were able to escape into the cab of their truck; and
WHEREAS, Pat Mohney then drove the wounded mother and child to the Dayton General Hospital where Alexis underwent six hours of surgery, and
WHEREAS, Alexis is now recovering from her multiple and serious injuries, but was saved from suffering any broken bones and internal injuries by the heroism of her mother who acted as a human shield, and by Pat Mohney, a stranger to the family, who diverted the attack to himself; and
WHEREAS, Pat Mohney became involved in this selfless act of heroism by chance as he was driving by where the attack was occurring;
NOW THEREFORE BE IT RESOLVED, That the Washington State Senate recognize, honor, and thank Pat Mohney for his courage and act of heroism that saved the life of little Alexis Nordman; and
BE IT FURTHER RESOLVED, That Senate members send their best wishes to Ron and Terrie Nordman for the quick and full recovery of Alexis; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Pat Mohney; Ron, Terrie and Alexis Nordman; Wayne Peterson, Mayor of Waitsburg; the Walla Walla County Board of County Commissioners; and Heath Druffel, Plant Manager, McGregor Company.
MOTION
On motion of Senator Regala, the following resolution was adopted:
SENATE RESOLUTION 2001-8689
By Senators Regala, Carlson and Rasmussen
WHEREAS, a successful baseball organization is like a close-knit family in which all members must contribute to achieve the best results; and
WHEREAS, the Tacoma Rainiers of the Pacific Coast League are an integral and important part of the Seattle Mariners baseball family and have contributed in the past and will continue to contribute in the future to the success of the parent club; and
WHEREAS, like the Mariners, the Rainiers had an April to remember, winning 18 and losing only five games for the best record in all of minor league baseball for the month; and
WHEREAS, several individual Tacoma Rainiers made major contributions to the auspicious start the team has enjoyed. Included are pitchers Robert Ramsay, a former Mariner, who led the Rainiers and the entire PCL in April with a microscopic 0.75 earned run average, and Denny Stark, who led the league with a perfect 4-0 record for the month; and
WHEREAS, Ramsay and Stark were not alone, as they and the remainder of the Rainiers pitching staff led the PCL with a 2.59 earned run average; and
WHEREAS, Rainiers infielders Ramon Vazquez and Chad Akers made their mark at the plate batting .378 and .368 for fifth and seventh in the league in April; and
WHEREAS, Rainiers players Kevin Hodges, Joel Pineiro, Robert Ramsay and Jordan Zimmerman have contributed as members of the Mariners in the past; and
WHEREAS, the strong tie between the Mariners and the Rainiers is exemplified by the fact that more than one-third of the players on the current Seattle roster have played for Tacoma. Included are Charles Gipson, Carlos Guillen, Stan Javier, Chris Widger, Paul Abbott, Ryan Franklin, Freddy Garcia, Gil Meche, Jose Paniagua, and Brett Tomko. Mariners Jay Buhner, Dan Wilson and Jamie Moyer have also played for the Rainiers as part of an injury rehabilitation program; and
WHEREAS, the Tacoma Rainiers coaching staff this year includes former Mariners Henry Cotto and Chris Bosio, and third base coach for the Mariners is former Tacoma manager Dave Myers;
NOW THEREFORE BE IT RESOLVED, That the Washington State Senate congratulate the Tacoma Rainiers for the best record among all one-hundred and twenty minor league baseball teams during the month of April, and wish the team success for the remainder of the season and in years to come, and
BE IT FURTHER RESOLVED, That the Senate recognize the important role the Rainiers have played and will continue to play in the success of the parent club, the Seattle Mariners, and
BE IT FURTHER RESOLVED, a copy of this resolution be presented to the Tacoma Rainiers Baseball Club.
MOTION
Senator Tim Sheldon moved that the Senate advance to the ninth order of business.
Senator Snyder demanded a roll call and the demand was sustained.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the motion by Senator Tim Sheldon to advance to the ninth order of business.
ROLL CALL
The Secretary called the roll and the motion to advance to the ninth order carried by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.
Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 23.
Excused: Senator Kastama - 1.
MOTION
Citing Rule 48, Senator Tim Sheldon moved that the following bills be relieved of the Committees and placed on the second reading or third reading calendar, as indicated.
ESSB 5378 - remove from Rules 3 and placed on today's Third Reading Calendar;
ESB 5882 - remove from Rules 3 and placed on today's Third Reading Calendar;
E2SSB 5094 - remove from Rules 3 and placed on today's Third Reading Calendar;
SB 5109 - remove from Committee on Natural Resources, Parks and Shorelines and placed on today's Second Reading
Calendar;
SSB 5452 - remove from Rules 2 and placed on today's Second Reading Calendar;
SB 5859 - remove from Committee on State and Local Government and placed on today's Second Reading Calendar;
SB 5959- remove from Committee on Transportation and placed on today's Second Reading Calendar;
SB 6137- remove from Committee on Education and placed on today's Second Reading Calendar.
EDITOR'S NOTE: Senate Rule 48 states: 'Any standing committee of the senate may be relieved of further consideration of any bill, regardless of prior action of the committee, by a majority vote of the senators elected. The senate may then make such orderly disposition of the bill as they may direct by a majority vote of the members of the senate.'
MOTION TO DIVIDE QUESTION
On motion of Senator Snyder, the question was divided and all the bills listed will be voted on separately by voice vote except Engrossed Senate Bill No. 5882 and Senate Bill No. 6137, which will be by roll call vote. The demand for the roll call votes was sustained..
MOTION
On motion of Senator West, the Senate will consider the motion on the bills to be voted on by a voice vote first and then consider the two bills with a roll call vote.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Tim Sheldon to relieve the Committee on Rules of Engrossed Substitute Senate Bill No. 5378 and to place the bill on today's third reading calendar.
The motion by Senator Tim Sheldon carried and Substitute Senate Bill No. 5378 was placed on today's third reading calendar.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Tim Sheldon to relieve the Committee on Rules of Engrossed Second Substitute Senate Bill No. 5094 and to place the bill on today's third reading calendar.
The motion by Senator Tim Sheldon carried on a rising vote and Engrossed Second Substitute Senate Bill No. 5094 was placed on today's third reading calendar.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Tim Sheldon to relieve the Committee on Natural Resource, Parks and Shorelines of Senate Bill No. 5109 and to place the bill on today's second reading calendar.
The motion by Senator Tim Sheldon carried and Senate Bill No. 5109 was placed on today's second reading calendar.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Tim Sheldon to relieve the Committee on Rules of Substitute Senate Bill No. 5452 and to place the bill on today's second reading calendar.
The motion by Senator Tim Sheldon carried and Substitute Senate Bill No. 5452 was placed on today's second reading calendar.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Tim Sheldon to relieve the Committee on State and Local Government of Senate Bill No. 5859 and to place the bill on today's second reading calendar.
The motion by Senator Tim Sheldon carried and Senate Bill No. 5859 was placed on today's second reading calendar.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Tim Sheldon to relieve the Committee on Transportation of Senate Bill No. 5959 and to place the bill on today's second reading calendar.
The motion by Senator Tim Sheldon carried and Senate Bill No. 5959 was placed on today's second reading calendar.
The President Pro Tempore declared the question to be the roll call on the motion by Senator Tim Sheldon to relieve the Committee on Rules of Engrossed Senate Bill No. 5882.
Debate ensued.
ROLL CALL
The Secretary called the roll and the Committee on Rules was relieved of further consideration of Engrossed Senate Bill No. 5882 by the by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.
Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 23.
Excused: Senator Kastama - 1.
Engrossed Senate Bill No. 5882 was placed on today's third reading calendar.
The President Pro Tempore declared the question before the Senate to be the roll call on the motion by Senator Tim Sheldon to relieve the Committee on Education of Senate Bill No. 6137.
Debate ensued.
ROLL CALL
The Secretary called the roll and the Committee on Education was relieved of further consideration of Senate Bill No. 6137 by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.
Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 23.
Excused: Senator Kastama - 1.
Senate Bill No. 6137 was placed on today's second reading calendar.
MOTION
On motion of Senator Sheahan, the Senate reverted to the seventh order of business.
MOTION
On motion of Senator Tim Sheldon, the Senate will immediately consider Engrossed Senate Bill No. 5882.
THIRD READING
ENGROSSED SENATE BILL NO. 5882, by Senators T. Sheldon, Hale, Hewitt, Hargrove, Rasmussen, Honeyford, Carlson, Haugen, Shin, Hochstatter, Horn, Stevens, Zarelli, Oke, Deccio, McCaslin, West, Long, Swecker, Sheahan, McDonald, Johnson, Rossi, Morton and Parlette
Postponing the implementation of safety and health rules related to musculoskeletal disorders.
The bill was read the third time.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5882.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5882 and the bill passed the Senate by the following vote:
Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 28.
Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 20.
Excused: Senator Kastama - 1.
ENGROSSED SENATE BILL NO. 5882, 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.
MOTION
On motion of Senator Sheahan, Engrossed Senate Bill No. 5882 was ordered to immediately be transmitted to the House of Representatives.
MOTION
On motion of Senator Tim Sheldon, the Senate will immediately consider Engrossed Substitute Senate Bill No. 5378.
THIRD READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5378, by Senate Committee on Natural Resources, Parks and shorelines (originally sponsored by Senators Jacobsen, Swecker and Spanel) ( by request of Governor Locke)
Modifying the review timelines for shoreline master programs and other critical areas.
The bill was read the third time.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5378.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5378 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Deccio, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Roach, Sheahan, Sheldon, T., Snyder, Stevens, Swecker, West and Zarelli - 25.
Voting nay: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kline, Kohl-Welles, Patterson, Prentice, Regala, Rossi, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 23.
Excused: Senator Kastama - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5378, 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.
MOTION
On motion of Senator Sheahan, Engrossed Substitute Senate Bill No. 5378 was ordered to immediately be transmitted to the House of Representatives.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Honeyford, the following resolution was adopted:
SENATE RESOLUTION 2001-8681
By Senators Honeyford, Haugen, Johnson, Parlette, Carlson, Sheldon, B., Oke, Spanel, Winsley, Hewitt, McAuliffe, Rasmussen, Kohl-Welles and Fraser
WHEREAS, Sidney Wallace Morrison, known to most as “Sid,” was born in the Yakima Valley in the state of Washington on May 13, 1933, and ever since brought joy and honor to his parents Charlie and Ann, the entire Morrison family and the many neighbors and friends within the Yakima Valley who are his roots, including his Toppenish High School classmates; and
WHEREAS, Sid served in the United State Army and graduated from Washington State College and throughout his career has been an advocate for the men and women serving in the nation’s military and the students and alumnus of what is now Washington State University; and
WHEREAS, Sid and Marcella Morrison raised three girls and a boy and sustained the family ranch and business, growing apples, cherries, pears and other fruits that are the pride of Washington State’s agricultural bounty; and
WHEREAS, Sid became a leader within Washington State’s tree fruit industry and throughout his career has been a friend and advocate for all of the state’s agricultural interests nationally and abroad; and
WHEREAS, Sid served the citizen’s of the State’s Fifteenth Legislative District in the State House and the State Senate, rising to positions of leadership in both bodies; and
WHEREAS, Sid served with distinction in the United States House of Representatives for twelve years, representing the State’s Fourth Congressional District, and
WHEREAS, Sid was also a leader in Congress providing reliable energy supplies and providing the nation with a strong defense, supporting the energy needs of the nation, new advanced high technology, science and space research, and the transformation of the Hanford Nuclear Reservation from a vital instrument of the nation’s security into a national clean-up laboratory dedicated to protection of things that surround it, and the Columbia River that passes through it; and
WHEREAS, Sid’s congressional service also saw him as an advocate for civil rights, for small businesses, people in need of organ donations, and the wide variety of needs of every citizen seeking help with the federal bureaucracy, assuring that his office serve as a model of constituent service; and
WHEREAS, Sid made good on his promise to serve just twelve years in the Congress and then sought to bring the state together by campaigning hard to become the State’s Governor; and
WHEREAS, Sid was named by the Washington State Transportation Commission as Secretary of Transportation in 1993, with the charge to prepare the state’s transportation systems for the Twenty First century; and
WHEREAS, Sid proudly led the men and women of the Washington State Department of Transportation -- always inspiring them to always do their best and make the state’s transportation agency a leader in the nation with the call to “Move it Better”; and
WHEREAS, during Sid’s tenure at the department, major accomplishments included completion of Interstate 90, the Mount St. Helens Memorial Highway, Highway 395 connecting Pasco and Ritzville, the Sequim By-pass, voter approval of new mass transit to serve central Puget Sound, restoration of rail passenger service between Vancouver, BC and Eugene, Oregon, a new First Avenue South Bridge, Tacoma’s Cable Stay Bridge on Highway 509, construction of three new Jumbo Mark II ferries and two new fast passenger ferries, safety improvements that have helped make Washington’s highways safer each year and always among the safest in the nation, steadily improving pavement conditions on all the state’s roads, completion of major portions of the state’s High Occupant Vehicle System, development of the state’s first long range multi-modal transportation plan, thirty percent growth in transit ridership; fifteen percent growth in ferry ridership; support for freight rails that carry over seventy-four million tons of cargo each year and freight mobility systems that support international trade tied to one in every three jobs in the state; and
WHEREAS, Sid led the state’s transportation employees who sustain 18,000 miles of highway lanes, 3,300 bridges and tunnels, 70,000 acres of road side, six mountain passes, twenty-nine ferries and twenty ferry terminals that carry twenty-six million passengers each year and successfully complete over ninety-nine percent of every ride; and
WHEREAS, Sid has always promoted the entire state’s transportation needs, embracing the diversity of the state’s communities and the diversity of all the people who keep the state moving, and became a leader within the nation’s transportation community; and
WHEREAS, Sid’s career has always represented the best in civility, bipartisanship, result-oriented government and service to all the people of the state with honor and integrity, and is known to most everyone as the model of a “nice guy”;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the outstanding contributions of Sid Morrison, who has dedicated his life to making the state of Washington a better place than he found it. He contributed to the success of the state and all that its citizen value and we wish him continued good fortune and active engagement in the affairs of the great state of Washington as he retires as Secretary of the Washington State Department of Transportation.
Senators Honeyford, Haugen, Hale, Winsley, Betti Sheldon, Oke, Snyder, Deccio, Parlette, Horn, Shin and Rasmussen spoke to Senate Resolution 2001-8681.
INTRODUCTION OF SPECIAL GUEST
The President Pro Tempore welcomed and introduced Sid Morrison, the retiring Secretary of the Washington State Department of Transportation, who was seated on the rostrum.
With permission of the Senate, business was suspended to permit Secretary Morrison to address the Senate.
MOTION
At 12:25 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Friday, May 4, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate