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FOURTH DAY, SECOND SPECIAL SESSION
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, June 7, 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, Finkbeiner, Hargrove, Johnson, Kastama, Kline, Shin and Swecker. On motion of Senator Honeyford, Senators Benton, Finkbeiner and Johnson were excused. On motion of Senator Eide, Senators Kastama, Kline and Shin were excused.
The Sergeant at Arms Color Guard, consisting of staff members Bunny Hooper and Jennifer Baga, presented the Colors. Senator Pat Hale 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 GOVERNOR
GUBERNATORIAL APPOINTMENTS
April 18, 2001
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Heyward Watson, reappointed April 18, 2001, for a term ending March 26, 2005, as a member of the Higher Education Facilities Authority.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Higher Education.
May 17, 2001
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Paul L. Hutton, reappointed May 17, 2001, for a term ending April 3, 2005, as a member of State Board for Community and Technical Colleges.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Higher Education.
MESSAGE FROM THE HOUSE
June 6, 2001
MR. PRESIDENT:
The Co-Speakers have signed:
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266,
SENATE CONCURRENT RESOLUTION NO. 8419, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266.
INTRODUCTION AND FIRST READING
SB 6195 by Senator Jacobsen
AN ACT Relating to the taxation of nonresident athletes or entertainers; and adding a new section to chapter 82.02 RCW.
Referred to Committee on Ways and Means.
SB 6196 by Senator McCaslin
AN ACT Relating to notice to landlords of tenants' and occupants' status as sex offenders or kidnapping offenders; amending RCW 59.18.030, 59.18.130, 59.18.180, and 59.18.250; and adding new sections to chapter 59.20 RCW.
Referred to Committee on Judiciary.
SB 6197 by Senators Thibaudeau, Deccio, Franklin, Winsley, Fraser and Costa
AN ACT Relating to the Washington pharmacy access initiative; amending RCW 41.05.026; adding a new chapter to Title 70 RCW; and prescribing penalties.
Referred to Committee on Health and Long-Term Care.
SJM 8024 by Senators Jacobsen, Eide, Regala, Fraser, Constantine, Spanel and Costa
Requesting that all Washington State outer continental shelf submerged land be excluded from leasing for oil or gas exploration or development.
Referred to Committee on Natural Resources, Parks and Shorelines.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 5326, which was on the second reading calendar, was referred to the Committee on Rules.
MOTION
At 10:06 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 11:27 a.m. by President Owen.
THIRD READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5937, by Senate Committee on Ways and Means (originally sponsored by Senators Shin, Rasmussen, Jacobsen, Winsley, Kohl-Welles and McAuliffe) (by request of Governor Locke and Superintendent of Public Instruction Bergeson)
Changing postretirement employment restrictions for teachers' retirement system, public employees' retirement system, and school employees' retirement system retirees.
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. 5937.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5937 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 2; Excused, 6.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 41.
Absent: Senators Hargrove and Swecker - 2.
Excused: Senators Benton, Finkbeiner, Johnson, Kastama, Kline and Shin - 6.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5937, 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 Betti Sheldon, the Senate reverted to the sixth order of business.
MOTIONS
On motion of Senator Eide, Senator Hargrove was excused.
On motion of Senator Honeyford, Senator Swecker was excused.
SECOND READING
HOUSE BILL NO. 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.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1984 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 House Bill No. 1984.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1984 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 41.
Excused: Senators Benton, Finkbeiner, Hargrove, Johnson, Kastama, Kline, Shin and Swecker - 8.
HOUSE BILL NO. 1984, 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.
SECOND READING
ENGROSSED HOUSE BILL NO. 2266, by Representatives Linville and G. Chandler
Modifying reimbursement for travel expenses incurred by certain agricultural boards and commissions.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed House Bill No. 2266 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 House Bill No. 2266.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2266 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Thibaudeau, Winsley and Zarelli - 41.
Absent: Senator West - 1.
Excused: Senators Benton, Finkbeiner, Johnson, Kastama, Kline, Shin and Swecker - 7.
ENGROSSED HOUSE BILL NO. 2266, 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 Kohl-Welles: “I rise for a point of personal privilege, Mr. President. I would like to commend our President of the Senate and our Secretary of the Senate and other Senate administrators and staff here, as well as members for the decorum that we have in our Senate Chamber. Even though at times, we get a little rancorous and have some fun, it is a marvelous place. I returned Tuesday from the country of Brazil. I was there for a National Conference of State Legislators. It was a legislative exchange funded by the United States State Department. We visited four different states and met with state legislators and visited some of the legislative chambers. In one of the state legislatures--I will not identify it in terms of which body. It was a beautiful chamber. However, it was entirely different from what we experience here. Everybody sat in the round and we were all served by a man in a tuxedo who distributed Brazilian coffee and bottled water, which was very nice. However, the volume was so loud that I had this horrible headache. Three microphones were placed around the chamber and the members were screaming at one another as loud as they could. It is a coalition type government and the governing government had about six or seven parties in the coalition. The opposition side had six or seven political parties and they were really at odds with one another. They were screaming at one another. The television photographers were allowed on the floor, so they were scurrying around to film everybody. The press had to be off in the gallery. Everybody was smoking--smoking all over the place. It was a fascinating experience. We received tremendous enthusiasm and wonderful treatment, but it was entirely different from this chamber. I want to say to you all how much I appreciate the collegiality and the decorum. I would like the Brazilian coffee at some point, but otherwise I am very glad that we have our system here.”
MOTION
At 12:00 noon, on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 4:00 p.m. by President Pro Tempore Franklin.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
June 7, 2001
SB 5496 Prime Sponsor, Senator Rasmussen: Reducing the tax on health products for animals. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5496 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Hewitt, Honeyford, Long, Parlette, Rasmussen, Regala, Roach, Rossi, Sheahan, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
June 7, 2001
SB 6153 Prime Sponsor, Brown: Relating to fiscal matters. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 6153 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Kohl-Welles, Long, Rasmussen, Regala, B. Sheldon, Snyder, Spanel and Thibaudeau.
MINORITY Recommendation: Do not pass. Signed by Senators Hewitt, Honeyford, Parlette, Rossi and Sheahan.
HOLD.
June 7, 2001
SB 6155 Prime Sponsor, Senator Brown: Relating to state government. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 6155 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Hewitt, Kohl-Welles, Long, Parlette, Rasmussen, Regala, Roach, Rossi, Sheahan, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.
MINORITY Recommendation: Do not pass. Signed by Senator Honeyford.
HOLD.
June 7, 2001
HB 1162 Prime Sponsor, Representative McMorris: Providing medical assistance reimbursements for small, rural hospitals. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Hewitt, Honeyford, Kohl-Welles, Long, Parlette, Rasmussen, Regala, Roach, Rossi, Sheahan, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.
HOLD.
June 7, 2001
SHB 1624 Prime Sponsor, 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. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Hewitt, Honeyford, Long, Parlette, Rasmussen, Regala, Roach, Rossi, Sheahan, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
June 7, 2001
SHB 1906 Prime Sponsor, House Committee on Finance: Exempting farming machinery and equipment from the state property tax. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass as amended. Signed by Senators Brown, Chair; Fraser, Kohl-Welles, Long, Rasmussen, Roach, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.
MINORITY Recommendation: Do not pass. Signed by Senators Honeyford and Sheahan.
Passed to Committee on Rules for second reading.
June 7, 2001
ESHB 2138 Prime Sponsor, House Committee on Finance: Promoting rural economic development. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Hewitt, Honeyford, Long, Parlette, Rasmussen, Rossi, Sheahan, B. Sheldon, Snyder, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
June 7, 2001
SHB 2227 Prime Sponsor, House Committee on Appropriations: Establishing the eastern Washington veterans' home. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair ; Fraser, Hewitt, Honeyford, Kohl-Welles, Long, Parlette, Rasmussen, Regala, Roach, Rossi, Sheahan, B. Sheldon, Spanel, Thibaudeau, Winsley and Zarelli.
HOLD.
June 7, 2001
HB 2233 Prime Sponsor, Representative H. Sommers: Authorizing contractual agreements with federal government for administration of state supplementation of supplemental security income. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fairley, Vice-Chair; Fraser, Hewitt, Honeyford, Kohl-Welles, Long, Parlette, Rasmussen, Regala, Roach, Rossi, Sheahan, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.
HOLD.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Senate Bill No. 6153, Senate Bill No. 6155, House Bill No. 1162, Substitute House Bill No. 2227 and House Bill No. 2233 were advanced to second reading and placed on the second reading calendar.
MOTION
At 4:02 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Friday, June 8, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate