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TWENTY-SECOND DAY

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NOON SESSION

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Senate Chamber, Olympia, Monday, February 2, 2004

      The Senate was called to order at 12:00 noon by President Pro Tempore. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present with the exception of Senators Fairley, Fraser, Haugen, Jacobsen, Poulsen, Prentice, Roach and Sheldon, T.

The Sergeant at Arms Color Guard consisting of Pages Joshua Jessen and Cameron Romney presented the Colors. Senator Schmidt offered the prayer.


MOTION


      On motion of Senator Esser, the reading of the Journal of the previous day was dispensed with and it was approved.


MOTION


      There being no objection, the Senate advanced to the first order of business.


REPORTS OF STANDING COMMITTEE


January 30, 2004

SB 5216             Prime Sponsor, Stevens: Authorizing agreements to change the number of experts or professional persons who must examine a person for the state under chapter 10.77 RCW. Revised for 1st Substitute: Revising forensic competency and sanity examinations. Reported by Committee on Children & Family Services & Corrections

 

MAJORITY recommendation: That Second Substitute Senate Bill No. 5216 be substituted therefor, and the second substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.


      Passed to Committee on Rules for second reading.


January 29, 2004

ESSB 5378        Prime Sponsor, Committee on Commerce & Trade: Simplifying and adding certainty to the calculation of workers' compensation benefits. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: That Second Substitute Senate Bill No. 5378 be substituted therefor, and the second substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair and Mulliken.

 

MINORITY recommendation: Do not pass. Signed by Senators Franklin and Keiser.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 5948             Prime Sponsor, Honeyford: Modifying the taxation of bundled telecommunications services. Revised for 1st Substitute: Modifying the taxation of telephone services. Reported by Committee on Technology & Communications

 

MAJORITY recommendation: That Substitute Senate Bill No. 5948 be substituted therefor, and the substitute bill do pass. Signed by Senators Schmidt, Chair; Esser, Vice Chair; Berkey, Eide, McCaslin, Poulsen and Stevens.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 5964             Prime Sponsor, Thibaudeau: Preventing denial of insurance coverage for injuries caused by narcotic or alcohol use. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Parlette and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6135             Prime Sponsor, Honeyford: Regarding interdistrict health benefits for educational employees. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6150             Prime Sponsor, Doumit: Setting the maximum term for collective bargaining representative agreements. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6200             Prime Sponsor, Hewitt: Relating to provisions of the Washington horse racing commission's authority. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: That Substitute Senate Bill No. 6200 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6247             Prime Sponsor, Winsley: Vesting after five years of service in the defined benefit portion of the public employees' retirement system, the school employees' retirement system, and the teachers' retirement system plan 3. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6249             Prime Sponsor, Fraser: Establishing an asset smoothing corridor for actuarial valuations used in the funding of the state retirement systems. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6250             Prime Sponsor, Pflug: Allowing members of the teachers' retirement system plan 1 who are employed less than full time as psychologists, social workers, nurses, physical therapists, occupational therapists, or speech language pathologists or audiologists to annualize their salaries when calculating their average final compensation. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6253             Prime Sponsor, Winsley: Establishing a one thousand dollar minimum monthly benefit for public employees' retirement system plan 1 members and teachers' retirement system plan 1 members who have at least twenty-five years of service and who have been retired at least twenty years. Reported by Committee on Ways & Means

 

MAJORITY recommendation: That Substitute Senate Bill No. 6253 be substituted therefor, and the substitute bill do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6254             Prime Sponsor, Regala: Providing death benefits for members of the Washington state patrol retirement system plan 2. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass. Signed by Senators Zarelli, Chair; Parlette, Vice Chair; Hewitt, Vice Chair, Capital Budget Chair; Carlson, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, B. Sheldon and Winsley.


      Passed to Committee on Rules for second reading.


January 30, 2004

SB 6256             Prime Sponsor, Brandland: Authorizing collection of offenders' palmprints. Reported by Committee on Children & Family Services & Corrections

 

MAJORITY recommendation: That Substitute Senate Bill No. 6256 be substituted therefor, and the substitute bill do pass. Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6259             Prime Sponsor, Schmidt: Extending the restriction on local government taxation of internet services. Reported by Committee on Technology & Communications

 

MAJORITY recommendation: Do pass. Signed by Senators Schmidt, Chair; Esser, Vice Chair; Berkey, Eide, McCaslin, Poulsen and Stevens.


      Passed to Committee on Rules for second reading.


January 30, 2004

SB 6297             Prime Sponsor, Morton: Modifying electric utility tax credit provisions. Reported by Committee on Economic Development

 

MAJORITY recommendation: That Substitute Senate Bill No. 6297 be substituted therefor, and the substitute bill do pass. Signed by Senators T. Sheldon, Chair; Zarelli, Vice Chair; Benton, Hale, Kohl-Welles, Asst Ranking Minority Member, Murray, Schmidt, B. Sheldon and Shin.


      Passed to Committee on Ways & Means.


January 30, 2004

SB 6300             Prime Sponsor, Doumit: Revising criteria for reimbursement to counties for extraordinary criminal justice costs. Reported by Committee on Judiciary

 

MAJORITY recommendation: That Substitute Senate Bill No. 6300 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline and Roach.


      Passed to Committee on Ways & Means.


January 30, 2004

SB 6304             Prime Sponsor, Brandland: Providing tax relief for aluminum smelters. Reported by Committee on Economic Development

 

MAJORITY recommendation: That Substitute Senate Bill No. 6304 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means. Signed by Senators T. Sheldon, Chair; Zarelli, Vice Chair; Benton, Hale, Kohl-Welles, Asst Ranking Minority Member, Murray, Schmidt, B. Sheldon and Shin.


      Passed to Committee on Ways & Means.


January 30, 2004

SB 6326             Prime Sponsor, Esser: Defining prohibited bus conduct. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline and Roach.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6336             Prime Sponsor, T. Sheldon: Extending existing employer workers' compensation group self-insurance to the logging industry. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair and Mulliken.

 

MINORITY recomendation: Do not pass. Signed by Senators Franklin and Keiser.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6344             Prime Sponsor, Hewitt: Revising provisions relating to acceptable forms of identification for liquor sales. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: That Substitute Senate Bill No. 6344 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6345             Prime Sponsor, Hewitt: Authorizing inspection of records regarding transportation of cigarettes. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: That Substitute Senate Bill No. 6345 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6351             Prime Sponsor, Esser: Allowing fax and electronic mail notice of special meetings. Reported by Committee on Technology & Communications

 

MAJORITY recommendation: Do pass. Signed by Senators Schmidt, Chair; Esser, Vice Chair; Berkey, Eide, McCaslin, Poulsen and Stevens.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6362             Prime Sponsor, Doumit: Revising procedures for issuing liquor licenses. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 30, 2004

SB 6389             Prime Sponsor, Brandland: Prohibiting weapons in restricted access areas of commercial service airports. Reported by Committee on Judiciary

 

MAJORITY recommendation: That Substitute Senate Bill No. 6389 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Hargrove, Haugen, Johnson, Kline and Roach.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6391             Prime Sponsor, Honeyford: Establishing priorities for the industrial insurance system. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: That Substitute Senate Bill No. 6391 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair and Mulliken.

 

MINORITY recommendation: Do not pass. Signed by Senator Keiser.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6461             Prime Sponsor, Hewitt: Requiring a report on workers' compensation premiums. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin and Mulliken.


      Passed to Committee on Rules for second reading.


January 30, 2004

SB 6480             Prime Sponsor, Hewitt: Increasing the number of days certain fairs can use the special occasion liquor license. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6485             Prime Sponsor, Deccio: Improving the regulatory environment for hospitals. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Parlette and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6499             Prime Sponsor, Schmidt: Establishing a local wireless network in the legislative building. Revised for 1st Substitute: Establishing a wireless network in the legislative building. Reported by Committee on Technology & Communications

 

MAJORITY recommendation: That Substitute Senate Bill No. 6499 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means. Signed by Senators Schmidt, Chair; Esser, Vice Chair; Berkey, Eide, McCaslin, Poulsen and Stevens.


      Passed to Committee on Ways & Means.


January 29, 2004

SB 6502             Prime Sponsor, Deccio: Developing a schedule of fees for performing independent reviews of health care disputes. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Parlette and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 30, 2004

SB 6547             Prime Sponsor, Honeyford: Modifying the composition of the electrical board. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: That Substitute Senate Bill No. 6547 be substituted therefor, and the substitute bill do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair and Mulliken.

 

MINORITY recommendation: Do not pass. Signed by Senators Franklin and Keiser.


      Passed to Committee on Rules for second reading.


January 29, 2004

SB 6567             Prime Sponsor, Deccio: Refining membership of the nursing care quality assurance commission. Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation: Do pass. Signed by Senators Deccio, Chair; Winsley, Vice Chair; Brandland, Parlette and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 30, 2004

SB 6586             Prime Sponsor, Honeyford: Concerning electrical work on boilers. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 30, 2004

SB 6650             Prime Sponsor, Keiser: Providing the department of labor and industries with the rule-making authority to address recommendations of the elevator safety advisory committee relating to the licensing of private residence conveyance work. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 30, 2004

SB 6677             Prime Sponsor, Hewitt: Conforming the social security offset provisions of Title 51 RCW to the modified federal social security retirement age and continuing to allow the state to implement an offset otherwise imposed by the federal government. Reported by Committee on Commerce & Trade

 

MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.


      Passed to Committee on Rules for second reading.


January 30, 2004

SJM 8031           Prime Sponsor, Morton: Requesting rate roll-backs for Bonneville Power Administration.


      MAJORITY recommendation: Do pass. Signed by Senators Morton, Chair; Doumit, Fraser, Hargrove, Honeyford and Regala.


      Passed to Committee on Rules for second reading.


January 30, 2004

SCR 8418          Prime Sponsor, Berkey: Creating a joint select legislative task force to evaluate permitting processes.


      MAJORITY recommendation: That Substitute Senate Concurrent Resolution No. 8418 be substituted therefor, and the substitute resolution do pass. Signed by Senators Morton, Chair; Doumit, Fraser, Hale, Hargrove, Honeyford and Regala.


      Passed to Committee on Rules for second reading.


MOTION


      On motion of Senator Esser, all measures listed on the Standing Committee report were referred to the committees as designated with the exception of Senate Bill No. 6297 and Senate Bill No. 6300 which were referred to the Committee on Ways & Means.


MOTION


      On motion of Senator Esser, the Senate advanced to the fourth order of business.


MESSAGES FROM THE HOUSE


January 30, 2004


MR. PRESIDENT:

The House has passed the following bill:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2546,

and the same is herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


January 30, 2004


MR. PRESIDENT:

The House has passed the following bills:

      SUBSTITUTE HOUSE BILL NO. 2439,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1869,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerrk


February 2, 2004


MR. PRESIDENT:

The House has passed the following bills:

      SECOND SUBSTITUTE HOUSE BILL NO. 1234,

      HOUSE JOINT MEMORIAL NO. 4018,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


MOTION


      On motion of Senator Esser, the Senate advanced to the fifth order of business.


INTRODUCTIONS AND FIRST READING

 

SB 6696             by Senators McCaslin, Fraser, B. Sheldon, Kline, Berkey and Rasmussen

 

AN ACT Relating to tax deductions and exemptions for postage costs; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Ways & Means.

 

SB 6697             by Senators Haugen, Horn, Jacobsen, Swecker, Esser, Spanel, McAuliffe, B. Sheldon, Shin and Rasmussen

 

AN ACT Relating to allocation of federal transportation enhancement funds; amending RCW 47.80.030; adding a new section to chapter 47.01 RCW; and declaring an emergency.

Referred to Committee on Highways & Transportation.

 

SB 6698             by Senators Benton and Zarelli

 

AN ACT Relating to accounting methods for excise tax purposes; amending RCW 82.04.090, 82.08.100, and 82.12.070; and adding a new section to chapter 82.32 RCW.

Referred to Committee on Ways & Means.

 

SB 6699             by Senator Benton

 

AN ACT Relating to providing insurance coverage to dependent children; amending RCW 48.20.420, 48.21.150, 48.44.200, 48.44.210, 48.46.320, 41.05.011, and 41.05.050; adding a new section to chapter 48.20 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; and adding a new section to chapter 48.46 RCW.

Referred to Committee on Health & Long-Term Care.

 

SB 6700             by Senators Jacobsen, Horn, Haugen and Shin

 

AN ACT Relating to technical corrections to the requirements of regional transportation investment district ballot measures; and amending RCW 36.120.070.

Referred to Committee on Highways & Transportation.

 

SB 6701             by Senators Horn and Haugen

 

AN ACT Relating to distribution of SAFETEA funds; adding a new section to chapter 47.01 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Highways & Transportation.

 

SB 6702             by Senators Murray, Horn, Poulsen, McAuliffe, Kline and Berkey

 

AN ACT Relating to the commute trip reduction program; amending RCW 70.94.524 and 70.94.527; and creating new sections.

Referred to Committee on Highways & Transportation.

 

SB 6703             by Senators Benton, Mulliken and Stevens

 

AN ACT Relating to the determination of assessed value for property taxes; adding a new section to chapter 84.40 RCW; and creating a new section.

Referred to Committee on Ways & Means.

 

SB 6704             by Senators Kline, Franklin, Winsley, Brown, McAuliffe, Keiser, Shin, Spanel, Prentice, Thibaudeau and Kohl-Welles

 

AN ACT Relating to actions against health care providers under chapter 7.70 RCW; amending RCW 4.22.070, 4.16.190, 4.16.350, 7.70.100, 5.64.010, 7.70.080, and 70.105.112; adding new sections to chapter 7.70 RCW; creating new sections; and providing an expiration date.

Referred to Committee on Judiciary.

 

SB 6705             by Senator Murray

 

AN ACT Relating to tourism promotion areas; amending RCW 35.101.010; and declaring an emergency.

Referred to Committee on Economic Development.

 

SJM 8050           by Senators Sheahan and Rasmussen

 

Informing Congress of Washington's expertise in animal disease.

 

Referred to Committee on Agriculture.

 

SJM 8051           by Senators Benton, Roach, Swecker, Hale and T. Sheldon

 

Asking Congress to give first priority to supporting and passing the defense appropriations bill first.

 

Referred to Committee on Government Operations & Elections.

 

SJM 8052           by Senators Benton and Roach

 

Requesting that the congressional delegation of the state of Washington work to pass lifetime and retirement savings accounts.

 

Referred to Committee on Financial Services, Insurance & Housing.

 

SJR 8226           by Senators Benton, Mulliken and Stevens

 

Amending the Constitution to modify the valuation of property for tax purposes.

 

Referred to Committee on Ways & Means.


INTRODUCTIONS AND FIRST READING OF HOUSE BILL

 

EHB 2044          by Representatives Hunter, Tom, Jarrett, Clibborn, Fromhold and Ruderman

 

Changing the school district levy base calculation.

 

Referred to Committee on Education.


MOTION


      On motion of Senator Esser, all measures listed on the Introductions and First Reading report were referred to the committees as designated.


PERSONAL PRIVILEGE


      Senator Deccio: “Madam President, a Point of Personal Privilege. Thank you Madam President, Ladies and Gentlemen of the Senate. I come to you this morning with a humble heart. In my thirty years in the Legislature, I’ve always been involved in health care issues that affected the disabled, the poor and the minorities and I’ve sponsored much legislation to help their problems. I’ve supported millions of dollars in appropriations to that effort. I’ve never been accused of being a racist and I’ve never uttered that word in all my time in the Legislature. I grew up as an Italian in a very bigoted neighborhood where racial epithets were used against me and I should know better because I still feel the scars.

      As soon as I said the word, I immediately apologized to Representative Tom Campbell and the small group that was meeting involved in the which became a very explosive negotiation over the small group health insurance bill. Friday morning, I went to the House Republican Caucus to apologize to Representative Campbell and his colleagues, also offered to apologize to the House Democrat Caucus and also Senator Lisa Brown was contacted. Then I personally met with my long time friend and colleague, Senator Rosa Franklin and apologized and she graciously accepted my apology. Friday afternoon, I also requested meetings with other African American members of the Legislature to personally apologize. This morning I spoke with Representative John Lovick. I’ve talked to Ron Simms three times on the phone. My own former mayor Henry Beachamp called and was very supportive and I realized this has been very hurtful to members of the African American community and for that I am very truly sorry.

       I feel if Reverend Martin Luther King were here today he would also accept my apology so I’m asking all of you to do the same. I further want to express my apologies not only to this body and convey to the citizens of the State of Washington that in no way do my regrettable comments reflect the views of any esteemed members of this body.

      I hope you’ll accept my apology and I will continue to be a member of this August body. Thank you.”


PERSONAL PRIVILEGE


      Senator Franklin: “A Point of Personal Privilege. Thank you Madam President. Senator Deccio, Ladies and Gentlemen of the Senate. This indeed is a most painful occasion for all of us and of course forgiveness. Forgiveness is a word that I grew up with. This Senator came and asked, he said ‘I came to ask your forgiveness’ and I said ‘Forgiveness for what.’ I had no idea of what was going on and after he told me what had happened was very very painful. After he’d explained, I said ‘Yes.’ Christ has forgiven all of us. If he had not forgiven us we would still have the burden.

      We, of course, as a country have a checkered history dealing with race and race relations for African Americans it’s a painful history. Since coming to these shores our foreparents came in chains, ... in slavery, counted as property, stripped of all identity, things have come slowly and continues to be a work in progress. Words of bygone era tends to open wounds and expose pent up emotion and it sears like a branding iron. We are all immigrants, all immigrants in this great nation that we love, we have helped, contributed to build this country which we love so dearly. All of her, with even the all of her many wants – and she still has many. We have come a long way but we have a long way to go.

      I am a descendent of slaves, with French and Native American heritage. I am from a family who have stood up for the rights of the least among us, regardless of who you are, the color of your skin, we have stood up. I am a family from a heritage that have felt the lashes of horse whips, who’ve toiled in the cotton fields and the rice paddies of South Carolina, yet we have become nurses, teachers, pharmacists, doctors and we have stood up for everyone.

      This is an unfortunate incident of which I accept Senator Deccio’s apology and will work for healing. This is what this country needs. It needs healing. It needs healing of all the racist. We need to come together, we need to work for healing. This gives us a grand opportunity. An opportunity of which we should have open dialog about race and what it means. Race does matter in America. We don’t want to talk about it, but it does matter.

      This gives us the grand opportunity to do that. To learn more about our multi-cultralism to learn more about each other and learn more about a fast changing nation. A nation in which by 2010, will have increased in it’s multi-cultural racial ethnicity. We cannot run away from it, we must face it head on. At this time, we will withstand what has happened, my brothers who are sitting back there are here.

      African American men as you know are having a difficult time– but in this season of America, we are all having a difficult time. But this moment in time, this Legislature, this legislative body can grasp the moment, can start the healing, can learn about each other.

       I am here to do the people’s business and the people’s business is health care, education, for our economy and is to get Washington State moving again. I’m here to do the public’s business and that is what my constituents want. This is what your constituents want, they want us to do the business when it matters – to the extent that needs to be done in this state.

      So Senator, we will continue to work on those issues which matters most and that is health care. You’ve been our leader, we’ve had our moments, we do disagree, but we’ll get the job done. Thank you.”


MOTION


      At 12:18 p.m., on motion of Senator Esser, the Senate adjourned until 10:00 a.m., Tuesday, February 3, 2004.


BRAD OWEN, President of the Senate


MILTON H. DOUMIT, JR., Secretary of the Senate