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THIRTY-FIRST DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 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.
The Sergeant at Arms Color Guard consisting of Pages Marshal Prewitt and Cody Wyles, presented the Colors. Reverend Paul Lundborg, pastor of the Lutheran Church of the Good Shepherd in Olympia, 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.
REPORTS OF STANDING COMMITTEES
February 6, 2001
SB 5015 Prime Sponsor, Senator Morton: Modifying the definition of border area. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5015 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5017 Prime Sponsor, Senator Franklin: Regulating sale of larger quantities of ephedrine and derivatives. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5017 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, McCaslin, Roach and Zarelli.
Passed to Committee on Rules for second reading.
February 5, 2001
SB 5019 Prime Sponsor, Senator Jacobsen: Allowing the governor to limit outdoor burning. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: That Substitute Senate Bill No. 5019 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; Spanel, Vice Chair; Constantine, Hargrove, McDonald, Oke, Snyder and Stevens.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5091 Prime Sponsor, Senator Haugen: Regulating ferry queues. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Eide, Finkbeiner, Jacobsen, Kastama, McAuliffe, McDonald, Oke, Patterson, Prentice, T. Sheldon, Shin and Swecker.
MINORITY Recommendation: Do not pass. Signed by Senator Benton.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5138 Prime Sponsor, Senator Morton: Increasing the weight of vehicles exempted from scale stops. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Benton, Eide, Finkbeiner, Horn, Johnson, Kastama, McAuliffe, McDonald, Oke, Patterson, Prentice, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5154 Prime Sponsor, Senator Kline: Creating the Washington state civil rights act of 2001. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5154 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Kline, Chair; Johnson, Kastama, McCaslin, Roach and Zarelli.
Referred to Committee on Ways and Means.
February 6, 2001
SB 5175 Prime Sponsor, Senator Kline: Providing procedures for enforcement of court-ordered restitution obligations in courts of limited jurisdiction. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5175 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5180 Prime Sponsor, Senator Costa: Modifying provisions pertaining to the certification of peace officers. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5180 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach and Zarelli.
Referred to Committee on Ways and Means.
February 6, 2001
SB 5241 Prime Sponsor, Senator Johnson: Changing provisions relating to venue. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5241 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5252 Prime Sponsor, Senator McCaslin: Expanding venue for local courts during emergencies and when the defendant appears electronically from a location outside the district. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5253 Prime Sponsor, Senator McCaslin: Increasing civil jury fees. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5260 Prime Sponsor, Senator Kline: Requiring a notation in the driving record when a driver is required to use an ignition interlock or other biological or technical device. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 5, 2001
SB 5298 Prime Sponsor, Senator Jacobsen: Promoting wildlife viewing. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; Spanel, Vice Chair; Constantine, Hargrove, McDonald, Morton, Oke, Snyder and Stevens.
Passed to Committee on Rules for second reading.
February 5, 2001
SB 5299 Prime Sponsor, Senator Jacobsen: Allowing nonconsumptive wildlife activities on public lands. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; Spanel, Vice Chair; Constantine, Hargrove, Oke and Snyder.
Passed to Committee on Rules for second reading.
February 5, 2001
SB 5308 Prime Sponsor, Senator Constantine: Making technical corrections to chapter 19.28 RCW, electricians and electrical installations. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Deccio, Fairley, Franklin, Honeyford, Rasmussen, Regala and Winsley.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5348 Prime Sponsor, Senator Costa: Updating the uniform child custody jurisdiction and enforcement act. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5368 Prime Sponsor, Senator Long: Making child support technical amendments regarding medical support. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5369 Prime Sponsor, Senator Kline: Revising provisions for jurisdiction in child support matters. Reported by Committee on Judiciary
MAJORITY Recommendation: That Substitute Senate Bill No. 5369 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5373 Prime Sponsor, Senator Sheahan: Changing mandatory arbitration of civil actions. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5388 Prime Sponsor, Senator Kastama: Modifying penalties for the sale or gift of drug paraphernalia. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Costa, Johnson, Kastama, Long, McCaslin, Roach and Zarelli.
Passed to Committee on Rules for second reading.
February 6, 2001
SB 5426 Prime Sponsor, Senator Patterson: Authorizing a filing fee surcharge for funding county law libraries. Reported by Committee on Judiciary
MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, McCaslin and Thibaudeau.
MINORITY Recommendation: Do not pass. Signed by Senator Zarelli.
Passed to Committee on Rules for second reading.
February 5, 2001
SB 5438 Prime Sponsor, Senator Jacobsen: Giving the fish and wildlife commission rule-making authority over the fish and wildlife vehicle use permit program. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: That Substitute Senate Bill No. 5438 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; Spanel, Vice Chair; Constantine, Hargrove, McDonald, Morton, Oke, Snyder and Stevens.
Passed to Committee on Rules for second reading.
February 5, 2001
SB 5484 Prime Sponsor, Senator Hargrove: Providing a limited sales tax exemption for certain sales of conifer seeds. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without recommendation. Signed by Senators Jacobsen, Chair; Spanel, Vice Chair; Constantine, Hargrove, Morton, Oke, Snyder and Stevens.
Referred to Committee on Ways and Means.
February 6, 2001
SB 5590 Prime Sponsor, Senator Prentice: Authorizing the electronic filing of corporation and limited liability company annual reports. Reported by Committee on Judiciary
MAJORITY Recommendation: That the bill be referred to Committee on Labor, Commerce and Financial Institutions without recommendation. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.
Referred to Committee on Labor, Commerce and Financial Institutions.
INTRODUCTION AND FIRST READING
SB 5886 by Senators Long and Hargrove
AN ACT Relating to the number of experts or professional persons who must examine a person for the state under chapter 10.77 RCW; amending RCW 10.77.060; and creating a new section.
Referred to Committee on Human Services and Corrections.
SB 5887 by Senators Kohl-Welles, West and Sheahan (by request of University of Washington)
AN ACT Relating to clarifying ethics requirements for officers and employees of institutions of higher education with regard to sponsored research and technology transfer agreements; amending RCW 42.52.030 and 42.52.120; and creating a new section.
Referred to Committee on Higher Education.
SB 5888 by Senators Gardner, Spanel and Honeyford
AN ACT Relating to the qualifications of a legal newspaper; and amending RCW 65.16.020.
Referred to Committee on State and Local Government.
SB 5889 by Senators Jacobsen and Constantine
AN ACT Relating to shoreline master plans; and adding a new section to chapter 90.58 RCW.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5890 by Senator Jacobsen
AN ACT Relating to shoreline management; and creating a new section.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5891 by Senator Jacobsen
AN ACT Relating to shoreline management improvement; and creating a new section.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5892 by Senators Patterson, McCaslin, Brown, Sheahan, Horn, Haugen and Gardner (by request of Secretary of State Reed)
AN ACT Relating to local government records; amending RCW 36.22.175; adding a new section to chapter 36.22 RCW; repealing 1996 c 245 s 2 (uncodified); providing an effective date; and declaring an emergency.
Referred to Committee on State and Local Government.
SB 5893 by Senators McCaslin, Haugen, Sheahan, Horn and Gardner (by request of Secretary of State Reed)
AN ACT Relating to local government records; amending RCW 36.22.175; providing an effective date; and declaring an emergency.
Referred to Committee on State and Local Government.
SB 5894 by Senators Patterson and Rossi
AN ACT Relating to the taxation of lodging; and amending RCW 82.04.050.
Referred to Committee on Ways and Means.
SB 5895 by Senators Swecker and Hochstatter
AN ACT Relating to small scale prospecting and mining; amending RCW 77.55.100; and creating a new section.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5896 by Senators Constantine, Kline, Hargrove, Costa, Thibaudeau, Kohl-Welles and Regala
AN ACT Relating to DNA testing of evidence; adding new sections to chapter 10.73 RCW; creating new sections; and providing an expiration date.
Referred to Committee on Judiciary.
SB 5897 by Senators Rasmussen, Shin, Parlette, Hale, Hewitt and Kohl-Welles
AN ACT Relating to international marketing of agriculture; creating new sections; and making appropriations.
Referred to Committee on Agriculture and International Trade.
SB 5898 by Senators Prentice, Fairley and Costa
AN ACT Relating to cause for eviction under the landlord-tenant act; and amending RCW 59.18.180.
Referred to Committee on Judiciary.
SB 5899 by Senators T. Sheldon, Morton, Oke, B. Sheldon, Honeyford, Eide, Rasmussen and Haugen
AN ACT Relating to water right place of use and purpose of use for expanding public water systems; and amending RCW 90.03.386.
Referred to Committee on Environment, Energy and Water.
SB 5900 by Senators T. Sheldon, Morton, Oke, B. Sheldon, Honeyford and Eide
AN ACT Relating to beneficial use of municipal water supplies; and amending RCW 90.03.330.
Referred to Committee on Environment, Energy and Water.
SB 5901 by Senators B. Sheldon, Hale, Oke, Morton, Honeyford, Eide and T. Sheldon
AN ACT Relating to eliminating certain restrictions on water system interties; and amending RCW 90.03.383.
Referred to Committee on Environment, Energy and Water.
SB 5902 by Senators Rasmussen, Sheahan, Hochstatter and Snyder
AN ACT Relating to agricultural commodity commissions; amending RCW 15.66.030, 15.66.110, 15.66.140, 15.65.040, 15.65.230, 15.65.280, and 43.03.230; adding new sections to chapter 15.65 RCW; and adding new sections to chapter 15.66 RCW.
Referred to Committee on Agriculture and International Trade.
SB 5903 by Senators Winsley, Franklin, Costa and Thibaudeau
AN ACT Relating to increasing the license surcharge for the impaired physician program; and amending RCW 18.71.310.
Referred to Committee on Health and Long-Term Care.
SB 5904 by Senators Morton and Rasmussen
AN ACT Relating to conservation district elections; amending RCW 29.13.020, 89.08.020, 89.08.110, and 89.08.190; and declaring an emergency.
Referred to Committee on State and Local Government.
SB 5905 by Senators Prentice, Swecker and Winsley
AN ACT Relating to the negotiation, enforcement, and resolution of disputes regarding tribal/state gaming compacts under the federal Indian gaming regulatory act of 1988; and adding a new section to chapter 9.46 RCW.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5906 by Senators Rasmussen, Finkbeiner, McAuliffe, Eide, Regala, Kastama, Hewitt, Hochstatter and Kohl-Welles
AN ACT Relating to technology planning for public schools; creating new sections; providing an expiration date; and declaring an emergency.
Referred to Committee on Education.
SB 5907 by Senators Rasmussen, Winsley, Franklin, Deccio and Regala
AN ACT Relating to physical therapist assistants; amending RCW 18.74.010, 18.74.020, 18.74.040, 18.74.060, 18.74.070, 18.74.090, and 18.74.120; and adding new sections to chapter 18.74 RCW.
Referred to Committee on Health and Long-Term Care.
SB 5908 by Senator Fraser
AN ACT Relating to whether changes in agricultural production are changes in purpose of use; amending RCW 90.03.380; and declaring an emergency.
Referred to Committee on Environment, Energy and Water.
SB 5909 by Senators Fraser, Regala, Spanel and Thibaudeau
AN ACT Relating to financial responsibility requirements for vessels and facilities; amending RCW 88.40.011, 88.40.020, 88.40.025, and 88.40.040; and creating new sections.
Referred to Committee on Environment, Energy and Water.
SB 5910 by Senators Fraser and Honeyford
AN ACT Relating to temporary nonuse of water by the owner of a water right; amending RCW 90.14.140 and 90.42.080; and declaring an emergency.
Referred to Committee on Environment, Energy and Water.
SB 5911 by Senator Fraser
AN ACT Relating to functions and certification of certified water rights examiners; amending RCW 90.03.330; and adding a new section to chapter 90.03 RCW.
Referred to Committee on Environment, Energy and Water.
SB 5912 by Senators Fraser, Morton, Regala, Patterson, Oke, Kohl-Welles and Haugen
AN ACT Relating to energy facilities; amending RCW 80.50.100, 80.50.030, 90.48.262, 90.48.160, 90.48.260, and 82.12.022; adding a new section to chapter 82.16 RCW; adding a new section to chapter 80.50 RCW; adding new sections to chapter 80.52 RCW; adding a new chapter to Title 80 RCW; creating a new section; recodifying RCW 80.50.160, 80.50.300, and 80.50.310; repealing RCW 80.50.010, 80.50.020, 80.50.030, 80.50.040, 80.50.060, 80.50.071, 80.50.075, 80.50.080, 80.50.090, 80.50.100, 80.50.105, 80.50.110, 80.50.120, 80.50.130, 80.50.140, 80.50.150, 80.50.175, 80.50.180, 80.50.190, 80.50.900, 80.50.901, 80.50.902, 80.50.903, and 80.50.904; prescribing penalties; making appropriations; providing effective dates; providing expiration dates; and declaring an emergency.
Referred to Committee on Environment, Energy and Water.
SB 5913 by Senator Fraser
AN ACT Relating to a public utility tax deduction for expenditures that implement conservation elements of approved water system plans; adding a new section to chapter 82.16 RCW; and creating a new section.
Referred to Committee on Environment, Energy and Water.
SB 5914 by Senator Fraser
AN ACT Relating to conditions for transfer, change, or amendment of water rights established as family farm permits; amending RCW 90.66.040 and 90.66.060; and adding new sections to chapter 90.66 RCW.
Referred to Committee on Environment, Energy and Water.
SB 5915 by Senators Patterson and Regala
AN ACT Relating to wetlands mitigation projects; amending RCW 90.82.070; adding a new section to chapter 90.74 RCW; and creating a new section.
Referred to Committee on Environment, Energy and Water.
SB 5916 by Senators Parlette, Haugen, B. Sheldon, Oke, T. Sheldon, Morton, Hewitt and Kohl-Welles
AN ACT Relating to vehicular offenses within roadway construction zones; and amending RCW 9.94A.390.
Referred to Committee on Judiciary.
SB 5917 by Senators Prentice, Winsley, Benton, Rasmussen and Gardner
AN ACT Relating to worker rights under industrial insurance; amending RCW 51.14.100, 51.28.010, 51.28.020, 51.28.080, and 51.36.010; creating a new section; and providing an effective date.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5918 by Senators Spanel, Winsley, Kohl-Welles and Gardner
AN ACT Relating to real estate excise taxes; and adding a new section to chapter 82.46 RCW.
Referred to Committee on Ways and Means.
SJM 8014 by Senators Prentice, Winsley, Costa, Deccio, Thibaudeau, B. Sheldon, Fairley, Franklin, Shin, Rasmussen, Regala, Kastama, Patterson, Hochstatter, Gardner, Haugen, Honeyford, Constantine, Jacobsen, McAuliffe, Oke and Kohl-Welles
Requesting improvement to employment and training services for disabled persons.
Referred to Committee on Labor, Commerce and Financial Institutions.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 5894 and Senate Bill No. 5918 were referred to the Committee on Ways and Means.
MOTION
At 10:09 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 11:37 a.m. by President Owen.
SECOND READING
SENATE BILL NO. 5717, by Senators Brown, T. Sheldon, Fraser, Regala, Kline, Franklin, Winsley, Kohl-Welles, Shin, McAuliffe, Spanel, Costa, B. Sheldon and Rasmussen.
Funding the low-income energy assistance program
MOTIONS
On motion of Senator Brown, Substitute Senate Bill No. 5717 was substituted for Senate Bill No. 5717 and the substitute bill was placed on second reading and read the second time.
Senator Honeyford moved that the following amendment be adopted:
On page 2, after line 20, insert the following:
"NEW SECTION. Sec. 3. The legislature finds that the people of Washington are now in the middle of a severe energy crisis resulting from lower than normal rainfall and snowpack and forces outside the control of the citizens of our state. Tight reserves of water and power are predicted throughout the winter and prices are expected to increase dramatically. Many low-income and elderly citizens will be forced to choose between the costs of their own electricity and purchasing food or other necessities. The legislature declares an emergency under the provisions of RCW 43.135.035(3)(a) for the purpose of providing financial assistance to low-income persons under the low-income home energy assistance program.
NEW SECTION. Sec. 4. Moneys collected during fiscal year 2001 and fiscal year 2002 under RCW 82.16.020(1) exceeding one hundred five percent of the average annual revenues collected under RCW 82.16.020(1) for the preceding three fiscal years, or as much thereof as may be necessary, are appropriated from the general fund to the department of community, trade, and economic development for the low-income home energy assistance program."
Renumber the remaining section consecutively and correct any internal references accordingly.
Debate ensued.
Senator Sheahan demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Honeyford on page 2, after line 20, to Substitute Senate Bill No. 5717.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rossi, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 23
Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Roach, Sheldon, B, Sheldon, T., Shin, Snyder, Spanel and Thibaudeau - 26
PERSONAL PRIVILEGE
Senator Benton: “A point of personal privilege, Mr. President. I rise to remind the members of this chamber that the previous speaker on this amendment from the Thirty-fourth District has caused us a tremendous amount of pain and suffering with his shrill rhetoric on the floor of this august body. Many of the senior members of this chamber are not accustomed to such pain and suffering. We know that his dribbling inconsistencies of his previous comments will certainly improve--we hope-- with his longevity in this august body. In lieu of a much deserved apology, we would accept a gift from the Senator from the Thirty-fourth District. With that, we ask you to please sit on your hands for a while and learn some of the customs of this chamber before you put us through this terrible pain and suffering with your shrill rhetoric in the future. Thank you.”
PERSONAL PRIVILEGE
Senator Kline: “A point of personal privilege, Mr. President. I heard a very loud noise in back of me. It came from the general direction of the new member from the Thirty-fourth. In that screeching level of noise was verbiage. Now, verbiage is an ancient legalese word that means ‘words.’ I, too, suffered greatly. I feel that maybe a lesson needs to be learned here. Not only a lesson by our esteemed new member from the Thirty-fourth, but the pain and suffering that our other new members, just recently referred to, has been inflicted upon all of us. This is a lesson on how the liability system works. We have been subjected to pain and suffering; we need retribution.
“Now, I would notice, by the way, for the benefit of the good member from the Fourth District that in the Thirty-Fourth, there are many, many good delicatessens with editable things. One of them is the great Bratwurst at the Husky Delicatessen. I am sure that the new member from the Thirty-fourth knows where the Husky is, because I saw him near there the other day. I bet that he would be willing to satisfy our need for retribution in Bratwurst. Thank you, Mr. President.”
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege. The body has suffered greatly from the last two speeches. If anyone should give out gifts, the last two speakers should. However, being a senior citizen on the floor, I know how to handle things and Senator Constantine, it is a pleasure to have you in this body. I think you are probably one of the brightest stars that has ever been elected. Hey, if you are going to kiss up, do a good job of it! I think, and you have my permission, instead of forty-nine gifts, make it forty-seven and skip Senator Kline and Senator Benton. I think everyone on the floor will respect you for that. Welcome!”
PERSONAL PRIVILEGE
Senator Carlson: “A point of personal privilege, Mr. President. As one who seriously overlooked the fiftieth person, I did want to point out to my esteemed Senior Senator--Senior Citizen Senator--that one should not overlook the President of the Senate when you are considering a possible retribution.”
PERSONAL PRIVILEGE
Senator Deccio: “A point of personal privilege, Mr. President. I would like to advise the gentlemen who apologized to Senator McCaslin. Don’t do that, because you will open up Pandora’s box and you will never be able to close it.”
PERSONAL PRIVILEGE
Senator Constantine: “Thank you, Mr. President. A point of personal privilege. I rise today to thank the gentleman from the Fourth District and the immediate previous speaker--the only two members who are still here from my first internship in Olympia. Of course, the President, as well. To the Senator from the Seventeenth District, I do want to say that I do not intend my speeches to be any less painful in the future. But, if you wanted to address compensation for pain and suffering in the state of Washington, please come talk to me and we can take care of it before the end of the legislative session.
“I have, Mr. President, been shopping the district, diligently, for the last couple of weeks and I wanted to assure all the members that recompense will be made promptly, though not before the weekend, for my grievous acts here on the floor today. Thank you all for making me feel at home.”
MOTION
On motion of Senator Brown, the rules were suspended, Substitute Senate Bill No. 5717 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Sheahan: “Senator Snyder, today, we are taking a small step together to bring relief to some of our neighbors that are the hardest hit by the energy crisis. However, what we do today is just a temporary fix. We all know that one of the areas of concern that created this crisis is the lack of energy generating capacity in this state. Today is the thirty-first day of the session. Our session is almost one-third over and we have used up sixty percent of the time that we have allotted to work on Senate Bills. Senator Morton has a bill, Senate Bill No. 5550, waiting in committee to increase capacity immediately by raising the EFSC threshold from two hundred fifty to six hundred fifty megawatts. Several existing facilities could increase generating capacity now to meet the needs of our neighbors who are demanding bipartisan solutions to the crisis. This is a fix we can do immediately. Senator, will you commit to moving Senate Bill No. 5550 to the floor--and if so, when? Time is of the essence.”
Senator Snyder: “Thank you. We have a lot of problems in front of us and particulary with energy. We have a lot of bills that have been introduced. I think the Chairman of the Energy Committee has a lot of bills scheduled. I don’t know if the one you are talking about in particular has been scheduled. I will certainly have conversations and see if we can schedule those bills.
“I think we are all interested in moving forward in a bipartisan way and trying to get more energy on line in the state of Washington. We all know that we are in a critical situation. I had a conversation earlier in the week--some of these large suppliers of energy in the state of Washington are going to be out of money before the summer is over. They are going to be in need of borrowing money to buy this high priced electricity until we can get through to the fall when there are some new allocations coming from Bonneville. So, I think we are going to look at all aspects of how we can alleviate the energy crisis, including the one that you are talking about.
“I won’t make any commitment when we are going to get anything to the floor. As you well know, we are in the hearings; we are in the process of hearing bills in committee now. This is the first bill of any substance that we have passed this session. I think it is about the normal procedure that we are moving through here and I will commit to you and all the members on the floor that we will give every consideration to every bill that we think is going to help to alleviate the energy crisis in the state of Washington.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5717.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5717 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, 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, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5717, 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
At 12:21 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon., Thursday, February 8, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate