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EIGHTH DAY, FIRST SPECIAL SESSION
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MORNING SESSION
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Senate Chamber, Olympia, Friday, March 17, 2000
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 Senator Sellar. On motion of Senator Honeyford, Senator Sellar was excused.
The Sergeant at Arms Color Guard, consisting of Pages LaResha Ross and Shantee Ross, presented the Colors. Dr. Sam Hochstatter, pastor of the First Baptist Church in Olympia, and a guest of 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 GOVERNOR
GUBERNATORIAL APPOINTMENT
February 22, 2000
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Carol Landa-McVicker, appointed for a term beginning March 1, 2000, and ending September 30, 2003, as a member of the Board of Trustees for Spokane and Spokane Falls Community Colleges District No. 17.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Higher Education.
INTRODUCTION AND FIRST READING
SB 6864 by Senators McCaslin, Patterson, Horn, Haugen, Gardner, Heavey, Morton, Fraser, Johnson, Honeyford, B. Sheldon, Rossi, Snyder, Deccio, Zarelli, Hale, West, Stevens, and Kohl-Welles
AN ACT Relating to mailings by legislators; and amending RCW 42.52.185.
Referred to Committee on State and Local Government.
SB 6865 by Senators Loveland, Snyder, Eide, Franklin, McCaslin, Horn, Bauer, T. Sheldon, McAuliffe, Hargrove, Zarelli, Shin, Hale, Swecker, Long, Winsley, Haugen, Gardner, Deccio, Rossi, Patterson, Costa, Rasmussen, Roach, Goings, Benton, Johnson, Honeyford, Stevens, Oke and West.
AN ACT Relating to replacing motor vehicle, travel trailer, and camper excise taxes with a thirty dollar fee; adding a new section to chapter 46.16 RCW; creating a new section; repealing RCW 46.16.060, 46.16.061, 46.16.650, 82.44.020, 82.44.030, 82.50.400, 82.50.405, and 82.50.410; and declaring an emergency.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended and Senate Bill No. 6865 was advanced to second reading and placed on the second reading calendar.
PARLIAMENTARY INQUIRY
Senator Morton: “A point of parliamentary inquiry, Mr. President. I am looking on my desk for a proclamation from the Governor to keep us in session and I do not find it. What I found was the proclamation that was given on March 9, which clearly states that the Governor calls us into special session for not more than one week, according to Article II, Section 12. I raise a point of inquiry then if we are officially in session, although I understand by reviewing the Constitution, it is up to no more than thirty days, but because of the phrase in the Governor’s proclamation that it is not for more than one week. According to my calendar and time, that elapsed at about nine o’clock a.m.
Maybe I am missing some information that has been conveyed by the Governor and I am not aware of it.”
REPLY BY THE PRESIDENT
President Owen: “Senator Morton, the proclamation expresses the wishes and hopes and desires of the Governor, but the Constitution supersedes.”
MOTION
On motion of Senator Spanel, the following resolution was adopted:
SENATE RESOLUTION 2000-8779
By Senators Spanel, McCaslin, Heavey, Haugen, Oke, Rasmussen, Long and Fraser
WHEREAS, March 17 is St. Patrick’s Day, a special day to all who are Irish, either in fact or in spirit; and
WHEREAS, St. Patrick’s Day was a special day to Senator Patrick R. McMullen, for whom it was an occasion for family, friends and colleagues to celebrate their friendship and love for each other; and
WHEREAS, Throughout his distinguished career in public service to the people of the state of Washington, as an Assistant State Attorney General, Skagit County Prosecuting Attorney, State Representative, State Senator, and member of the Fish and Wildlife Commission, Pat was never too busy to celebrate St. Patrick’s day; and
WHEREAS, Pat felt so strongly about the importance of St. Patrick’s Day that he introduced resolutions seeking to make it a three day holiday, so the day could be properly celebrated by all of Washington’s citizens; and
WHEREAS, Pat’s enjoyment and delight in St. Patrick’s Day was such that some friends and associates were led to believe that March 17 was his birthday; and
WHEREAS, Pat McMullen possessed a constant optimism, a heartwarming smile, a gentle good humor, a zest for life, and a twinkle in his eye, that were especially evident on March 17; and
WHEREAS, Pat’s keen intelligence, generous spirit, patience, wisdom, and ability to build bridges across differences enriched the lives of all who traveled the road of life and politics with him;
NOW THEREFORE BE IT RESOLVED, That the Senate of the state of Washington take time on St. Patrick’s Day to recognize and salute the immense contribution that Senator Pat McMullen made to his community, the Senate, and the state of Washington as a public servant and leader; and
BE IT FURTHER RESOLVED, That the Senate, on behalf of countless members, staff, public employees, and others who had the good fortune to work and, on occasion, to play with him, recognize and express gratitude for Pat’s contributions as a mentor, advisor, counselor; and friend; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to the family of Senator Pat McMullen, his wife Bobbi Krebs-McMullen, his children Scott, Todd and Laurie McMullen, and Traci Freidl.
Senators Spanel, McCaslin, Gardner, Jacobsen, Haugen, McDonald, Rasmussen and Snyder spoke to Senate Resolution 2000-8779.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the family of Pat McMullen, who were seated in the gallery.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Patrick Woods, a former staff member, who entertained the Senate with Irish lyrics. Patrick was joined in a chorus of Senate staff members.
MOTION
On motion of Senator West, the following resolution was adopted:
SENATE RESOLUTION 2000-8780
By Senators West, Stevens, Haugen, Heavey, McCaslin, Oke, Long, Sheahan, Rasmussen, Kohl-Welles, Brown and Fraser
WHEREAS, Former Washington State Representative Jean Silver, who served the people of Washington and the Spokane area from 1983 to 1997 in the House of Representatives, passed away on March 14, 2000; and
WHEREAS, A life long resident of Spokane, Representative Silver showed great commitment to her community working long and diligently to make her community a better place to live; and
WHEREAS, As Chair of the House of Representatives Appropriations Committee, she became a leader to her colleagues and brought great expertise to the budgeting process; and
WHEREAS, Representative Silver is perhaps best-known for the time during her prior role as Ranking Minority Chair of House Appropriations wherein she was known as a fighter on budget policy, Representative Silver once “invited” then-Appropriations Chair/now-Governor Gary Locke to settle their differences “outside” during a heated debate, after which the media had great fun in describing the spunky lady who offered to “duke it out” with the “gentleman from Seattle”; and
WHEREAS, Representative Silver and her husband, Chuck, raised three great sons - Doug, Mitch, and Kipp - who are also well-admired and active in the Spokane community; and
WHEREAS, Representative Silver equally loved her three daughters-in-law - Jean, Cindy and Maxine, and her eight grandchildren and two great-grandchildren; and
WHEREAS, Representative Silver and her husband, Chuck, served as Scout leaders in the Spokane area for many years during which time their three sons earned their Eagle Scout badges; and,
WHEREAS, some of Representative Silver’s fondest memories were her times spent camping and hunting with her husband and sons during their growing up years; and
WHEREAS, Representative Silver was a Certified Public Accountant; worked in economic development for the city of Spokane, and served on the Board of Directors for Washington Water Power; and
WHEREAS, Representative Silver has been described by her legislative peers as “fair, friendly, honest, hard-working, and fun!”; and
WHEREAS, Representative Silver has been further described by her legislative peers as “an outstanding leader on budget issues”; “a calm voice in a heated debate”; “ a Mother Confessor”; “a friend!” and “a great, loyal confidante”; and
WHEREAS, Representative Silver was known for always treating everyone - from all walks of life - with equal respect; and
WHEREAS, Representative Silver will be greatly missed by all who knew her and had the pleasure of working with her; and
WHEREAS, the citizens of her beloved city of Spokane, as well as the entire state of Washington have greatly benefitted from Representative Silver’s presence in the Legislature;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate celebrate the life and achievements of Representative Silver, recognizing the great contributions she made to the state of Washington; and,
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the members of the family of Washington State Representative Jean Silver.
Senators West, McDonald, Winsley, Sheahan, Haugen, Franklin, Tim Sheldon, Long, Rasmussen and Horn spoke to Senate Resolution 2000-8780.
PERSONAL PRIVILEGE
Senator West: “A point of personal privilege, Mr. President. On a lighter note today; the Gonzaga Bulldogs, yesterday, defeated Louisville 77 to 66. They advance on to the game against St. John’s on Saturday. We passed a floor resolution for them yesterday. We faxed that down to the coach and the players. We don’t know if they saw it before the game or not, but we have to believe that our spirit with them helped them to carry the day. So, thank you, Mr. President for the point of personal privilege.”
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
MOTION
Senator Johnson moved that the Senate advance to the ninth order of business to relieve the Committee on Ways and Means of further consideration of Senate Joint Resolution No. 8215.
Debate ensued.
MOTION TO LAY MOTION ON THE TABLE
Senator Snyder moved that the motion by Senator Johnson to advance to the ninth order of business be laid on the table.
The President declared the question before the Senate to be the motion by Senator Snyder to lay the motion by Senator Johnson to advance to the ninth order of business on the table.
The motion by Senator Snyder carried and the motion by Senator Johnson was laid on the table.
PERSONAL PRIVILEGE
Senator Roach: “A point of personal privilege. At this point, I would just like to inform the members of the Senate that in King County they are now getting a surface water management tax almost the amount of their property tax--”
REPLY BY THE PRESIDENT
President Owen: “Senator Roach, that is not a point of personal privilege.”
Senator Roach: “It is a matter of--”
RULING BY THE PRESIDENT
President Owen: “Senator Roach, it is not a point of personal privilege.”
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9223, Bernadett Buchanan, as a member of the Board of Regents for Washington State University, was confirmed.
APPOINTMENT OF BERNADETT BUCHANAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Sellar - 1.
SECOND READING
SENATE BILL NO. 6865, by Senators Loveland, Snyder, Eide, Franklin, McCaslin, Horn, Bauer, T. Sheldon, McAuliffe, Hargrove, Zarelli, Shin, Hale, Swecker, Long, Winsley, Haugen, Gardner, Deccio, Rossi, Patterson, Costa, Rasmussen, Roach, Goings, Benton, Johnson, Honeyford, Stevens, Oke and West.
Replacing vehicle excise taxes with a fixed license fee.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, Senate Bill No. 6865 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF ORDER
Senator Johnson: “A point of order, Mr. President. The Senator is getting a little enthusiastic in his epitaphs toward one of the caucuses on the other side of the rotunda.”
REPLY BY THE PRESIDENT
President Owen: “It does happen, Senator Hargrove, that the rules prohibit you from talking about the other house. Would you please keep your remarks--and all members keep your remarks--to the subject matter before us.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6865.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6865 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Finkbeiner, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 39.
Voting nay: Senators Brown, Fairley, Fraser, Jacobsen, Kline, Kohl-Welles, Prentice, Thibaudeau and Wojahn - 9.
Excused: Senator Sellar - 1.
SENATE BILL NO. 6865, 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 Betti Sheldon: “A point of personal privilege, Mr. President. I would like to join my esteemed colleague, Senator McCaslin, in thanking Senator Mike Heavey for the green carnations, that he gave to all of us. As a mother of a Patrick, a Shannon, a Daniel, an Erin and a Colin, this is a big day in our household.”
MOTION
At 11:33 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:30 a.m., Monday, March 20, 2000.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate