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SECOND DAY, SECOND SPECIAL SESSION

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MORNING SESSION

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Senate Chamber, Olympia, Tuesday, June 5, 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, Hewitt and Stevens. On motion of Senator Honeyford, Senators Benton, Hewitt and Stevens were excused. On motion of Senator Eide, Senator Brown was excused.

      The Sergeant at Arms Color Guard, consisting of staff members Dave Boyer and Jim Buensli, presented the Colors. Senator Jim Kastama 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.


MESSAGES FROM THE HOUSE

June 4, 2001

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1162,

      SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO 1266,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1517,

      SUBSTITUTE HOUSE BILL NO. 1624,

      SUBSTITUTE HOUSE BILL NO. 1717,

      SECOND ENGROSSED HOUSE BILL NO. 1886,

      SUBSTITUTE HOUSE BILL NO. 1906,

      HOUSE BILL NO. 1984,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2138,

      SUBSTITUTE HOUSE BILL NO. 2227,

      HOUSE BILL NO. 2233,

      ENGROSSED HOUSE BILL NO. 2262,

      SECOND ENGROSSED HOUSE BILL NO. 2266, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


June 4, 2001

MR. PRESIDENT:

      The House has adopted SENATE CONCURRENT RESOLUTION NO. 8419, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


SIGNED BY THE PRESIDENT

      The President signed:

      SENATE CONCURRENT RESOLUTION NO. 8419.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

HB 1162            by Representatives McMorris, Cody, Alexander, Schual-Berke, Mastin, Cox, Mulliken, Sump, G. Chandler, Lisk, B. Chandler, Hatfield, Schoesler, Grant, Armstrong, Kessler, Doumit, DeBolt, Delvin, Dickerson, Kenney, Bush, Conway, Edmonds, Pflug and Haigh

 

Providing medical assistance reimbursements for small, rural hospitals.

 

Referred to Committee on Ways and Means.

 

2ESHB 1266      by House Committee on Transportation (originally sponsored by Representatives Fisher and Mitchell) (by request of Governor Locke)

 

Making supplemental transportation appropriations.


      HOLD. 

 

ESHB 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 Ways and Means.

 

SHB 1624          by House Committee on Finance (originally sponsored by Representatives Morris, Cairnes, Reardon, Conway, Dunshee, Ogden, Pennington, Van Luven, Doumit, Veloria, Dickerson, Fromhold, Anderson and Edwards)

 

Clarifying the taxation of amounts received by public entities for health or welfare services.

 

Referred to Committee on Ways and Means.

 

SHB 1717          by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Morell, O'Brien, Ballasiotes, McMorris, Cairnes and Ahern)

 

Exempting from public inspection specified information on correctional facilities.

 

Referred to Committee on Human Services and Corrections.

 

2EHB 1886        by Representatives Linville, G. Chandler, Grant, Doumit, B. Chandler and Hatfield

 

Reducing the tax on health products for animals.

 

Referred to Committee on Ways and Means.

 

SHB 1906          by House Committee on Finance (originally sponsored by Representatives Linville, G. Chandler, Schoesler, Haigh, B. Chandler, Hunt, Morris, Kirby, Grant, Jackley, Cox, Hatfield, Mielke, Armstrong, Delvin, Mulliken, Sump, McMorris, Barlean, Pflug, Kessler, Pearson and Conway)

 

Exempting farming machinery and equipment from the state property tax.

 

Referred to Committee on Ways and Means.

 

HB 1984            by Representatives Quall, Morris, Barlean, Cooper, Ericksen, Dunshee, Linville, Hatfield, Ruderman, Poulsen, Conway, Lovick and Kagi

 

Creating the small farm direct marketing assistance program.


      Referred to Committee on Rules.

 

ESHB 2138        by House Committee on Finance (originally sponsored by Representatives G. Chandler, Linville, Mulliken, Clements, Ericksen, Hatfield, Sump, Doumit, Morell, Grant, Pearson, Schoesler, Barlean, Buck, B. Chandler, Edwards and Jackley)

 

Promoting rural economic development.

 

Referred to Committee on Ways and Means.

 

SHB 2227          by House Committee on Appropriations (originally sponsored by Representatives Ahern, Gombosky, Schoesler, Wood, Benson, Haigh, Schindler, Conway, Cox, Reardon, D. Schmidt, Talcott, Campbell and Bush) (by request of Department of Veterans Affairs)

 

Establishing the eastern Washington veterans' home.

 

Referred to Committee on Ways and Means.

 

HB 2233            by Representatives H. Sommers and Sehlin

 

Authorizing contractual agreements with federal government for administration of state supplementation of supplemental security income.

 

Referred to Committee on Ways and Means.

 

EHB 2262          by Representatives Lambert, H. Sommers, Talcott and Kessler

 

Changing sexual misconduct laws with regard to school employees.


      Referred to Committee on Rules.

 

EHB 2266          by Representatives Linville and G. Chandler

 

Modifying reimbursement for travel expenses incurred by certain agricultural boards and commissions.

 

      Referred to Committee on Rules. 


MOTION


      On motion of Senator Betti Sheldon, the rules were suspended, Second Engrossed Substitute House Bill No. 1266 was advanced to second reading and placed on the second reading calendar.


MOTION


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


SENATE RESOLUTION 2001-8705


By Senators Eide and Roach

 

      WHEREAS, The Washington State Legislature values and encourages excellence in all fields of endeavor; and

      WHEREAS, Participation in athletics inspires students to develop attitudes and skills necessary for scholastic and life success, such as perseverance, teamwork, loyalty, and sportsmanship; and

      WHEREAS, The Decatur High School Boys' Soccer Team is the 2000-2001 Class 4A Boys' Soccer Champion; and

      WHEREAS, The Golden Gators have distinguished themselves and brought honor to their school by winning their first-ever state title; and

      WHEREAS, Under the coaching and supervision of Jimmy McAlister, the team finished the season undefeated; and

      WHEREAS, The Golden Gators achieved their preseason goal of winning the state championship through a team effort where every player contributed; and

      WHEREAS, This team has deservedly, and through dedication, commitment, and sacrifice, achieved the title of Washington State Class 4A Boys' Soccer Champion;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and honor the Decatur Boys' Soccer Team and Coach Jimmy McAlister for their accomplishments and hard work; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Coach Jimmy McAlister, the members of the Decatur Boys' Soccer Team, and the principal and faculty of Decatur High School.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the members of the State Champion Class 4A Decatur High School Boys' Soccer Team and their Coach Jimmy McAlister, who were seated in the gallery.


MOTION


      At 10:15 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 11:00 a.m. by President Owen.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced the Honorable Eduardo Zaplana, President of the Autonomous Community of Valencia, Spain, and his delegation, who were seated on the rostrum. In Spain, each province is considered autonomous and their governors are referred to as presidents.

      With permission of the Senate, business was suspended to permit President Zaplana to address the Senate.


MOTION


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


SECOND READING


      SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266, by House Committee on Transportation (originally sponsored by Representatives Fisher and Mitchell) (by request of Governor Locke)


      Making supplemental transportation appropriations.


      The bill was read the second time.



MOTION


      On motion of Senator Gardner, the rules were suspended, Second Engrossed Substitute House Bill No. 1266 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute House Bill No. 1266, under suspension of the rules.


ROLL CALL


      The Secretary called the roll on the final passage of Second Engrossed Substitute House Bill No. 1266, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Excused: Senators Benton, Brown, Hewitt and Stevens - 4.

      SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266, under suspension of the rules, 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.


PERSONAL PRIVILEGE


      Senator Thibaudeau: “A point of personal privilege, Mr. President. Mr. President and members of the Senate, I spend a lot of time these days feeling like the commentator on the Network, ‘I am mad as can be and I am not going to take it any more.’ Well, I guess I have to take it a little while longer. Just to say very briefly what I am angry about is, I am angry at people who refuse to compromise and anybody can identify anybody that they want to, but they are blocking our getting out of here. The reason I voted for this bill, in contrast to some of my votes, is because it does move to get us out of here.

      “Anger doesn’t solve the problem that I read in this morning’s paper. This is the twentieth year of the identification of the AIDS disease. In a second way, which is what our state health officer describes, where there are three times as many women and a huge percentage more of minorities in this country with AIDS now--not just in Africa--which we have always read. We’ve all heard about that. People are still dying. The miracle drugs only work in some instances and cost between ten and fifteen thousand dollars a year. I am proud to say that the Senate has not been accessed with the Gay issue. I need to say, and I hope I won’t offend anybody, but we haven’t seen Gays under every bed or in every bed. I did need to remind you that on the twentieth anniversary of the identification of AIDS that we still have a long way to go. This issue is worth getting worried about, worth doing something constructive about and the Senate and the Legislature, as a whole, have worked on this issue and have been supportive. Thank you.”


MOTION


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


THIRD READING


      SENATE BILL NO. 5130, by Senators Oke, B. Sheldon, T. Sheldon, Horn, Haugen, Swecker, McCaslin, Morton, Snyder, Hale, Kastama, Prentice, Regala, Jacobsen, Hargrove, Spanel, West, Finkbeiner, Long, McDonald, Winsley, McAuliffe and Costa

 

Clarifying toll procedures in public-private initiatives.


      The bill was read the third time.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5130.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5130 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.

     Voting yea: Senators Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 42.

     Voting nay: Senators Hochstatter, Roach and Thibaudeau - 3.

     Excused: Senators Benton, Brown, Hewitt and Stevens - 4.

      SENATE BILL NO. 5130, 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.


THIRD READING


      ENGROSSED SUBSTITUTE SENATE BILL NO. 5743, by Senate Committee on Transportation (originally sponsored by Senators Haugen, Horn, Shin, Winsley, Oke and Kohl-Welles) (by request of The Blue Ribbon Commission on Transportation)

 

Investing in human resources for transportation.




      The bill was read the third time.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5743.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5743 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 2; Excused, 4.

     Voting yea: Senators Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Winsley and Zarelli - 42.

     Voting nay: Senator Thibaudeau - 1.

     Absent: Senators Snyder and West - 2.

     Excused: Senators Benton, Brown, Hewitt and Stevens - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5743, 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 Eide, Senator Snyder was excused.


THIRD READING


      SUBSTITUTE SENATE BILL NO. 5748, by Senate Committee on Transportation (originally sponsored by Senators McAuliffe, Horn, Shin, Winsley, Oke, Haugen, Kohl-Welles and Kastama) (by request of The Blue Ribbon Commission on Transportation)

 

Integrating transportation and land use planning.


      The bill was read the third time.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5748.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5748 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.

     Voting yea: Senators Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, West, Winsley and Zarelli - 43.

     Voting nay: Senator Thibaudeau - 1.

     Excused: Senators Benton, Brown, Hewitt, Snyder and Stevens - 5.

      SUBSTITUTE SENATE BILL NO. 5748, 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.


THIRD READING


      SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5749, by Senate Committee on Transportation (originally sponsored by Senators McAuliffe, Horn, Winsley, Oke and Haugen) (by request of The Blue Ribbon Commission on Transportation)

 

Adopting cost-benefit analysis for transportation planning.


      The bill was read the third time.

      Debate ensued. 

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5749.


ROLL CALL


      The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5749 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

     Voting yea: Senators Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 44.

     Voting nay: Senator Thibaudeau - 1.

     Excused: Senators Benton, Brown, Hewitt and Stevens - 4.

      SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5749, 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 Kastama, Senator Thibaudeau was excused.


THIRD READING


      ENGROSSED SUBSTITUTE SENATE BILL NO. 5759, by Senate Committee on Transportation (originally sponsored by Senators Patterson, Horn, Prentice, McAuliffe, Shin, Finkbeiner, Winsley, Haugen, Franklin, Kohl-Welles and Kastama) (by request of The Blue Ribbon Commission on Transportation)

 

Improving traffic chokepoints.


      The bill was read the third time.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5759.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5759 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 45.

     Excused: Senators Benton, Hewitt, Stevens and Thibaudeau - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5759, 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.


THIRD READING


      SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5764, by Senate Committee on Transportation (originally sponsored by Senators Shin, Horn, Winsley, Oke and Haugen) (by request of The Blue Ribbon Commission on Transportation)

 

Maintaining and preserving transportation facilities and assets.


      The bill was read the third time

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5764.

ROLL CALL


      The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5764 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

     Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 44.

     Voting nay: Senators Roach and Thibaudeau - 2.

     Excused: Senators Benton, Hewitt and Stevens - 3.

       SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5764, 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.


PERSONAL PRIVILEGE

 

      “Senator Franklin: “A point of personal privilege, Mr. President. We continue to make history in these chambers on this fifth day of June. We have passed again a series of transportation bills that will go the House. As many of you, if you are a little bit younger than I, will remember Pearl Bailey, who was the sister of the great dancer, Bill Bailey. She had a song that says, ‘I’m plain tired.’ So, I am plain tired of voting on the same bills over and over again that have been sent across the rotunda and they do not see any action.

      “Ladies and gentlemen of the Senate, it is a very serious problem that all of us know. My district is the Twenty-ninth Legislative District. It is bisected by the I-5 corridor. It is a chokepoint. It is a chokepoint because now, for me, even to get to the freeway, I have to by-pass some of my streets in order to get to the freeway. The backup traffic is for miles in the morning and in the evening. My Port of Tacoma is at risk. It is a high risk. It is at risk for losing very high paying jobs. Our economy is at risk. We need to say, ‘It is not just the I-5 corridor,’ however. We have problems with transportation across the state, because of agriculture. When the agricultural producers cannot get their products to market, then that is a problem for eastern Washington.

       “So, I do hope that I don’t see these bills again in this form. I do hope that our colleagues across the rotunda and leadership will recognize that the problem is not a pipe dream. The problems are real and if we do not address the problems, that means, then, we are heading for a train wreck. That train, before it wrecks, I am going to hop off. Therefore, when these bills go across the rotunda, I think it behooves all of us--all of us--to say to our colleagues over there that it is time that we have real action and begin to resolve and work on the problem of transportation. It really has a long term effect on our economy and our way of life.

      “Thank you, Mr. President and ladies and gentlemen. I will close by saying, ‘I hope I do not see these bills again, because I am just plain tired.”



MOTION


      At 12:10 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Wednesday, June 6, 2001.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate