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SEVENTEENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, January 29, 2003
The Senate was called to order at 10:30 a.m. by President Pro Tempore Winsley. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present.
The National Guard Color Guard, consisting of Sergeant First Class Marie Moynihan, Sergeant First Class Gina Haffner, Staff Sergeant Diana Reefe, Staff Sergeant Charles Warloe and Staff Sergeant Mark Morgan, presented the Colors. Chaplain Lieutenant Colonel Kenneth Hegtvedt, Chaplin of the 66th Aviation Brigade for the Washington National Guard, offered the prayer.
MOTION
On motion of Senator Sheahan, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 28, 2003
SB 5146 Prime Sponsor, Senator Winsley: Making clarifying, nonsubstantive amendments to and correcting outdated references in the insurance code. Reported by Committee on Financial Services, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.
Passed to Committee on Rules for second reading.
January 28, 2003
SB 5147 Prime Sponsor, Senator Winsley: Regulating automobile insurance. Reported by Committee on Financial Services, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.
Passed to Committee on Rules for second reading.
January 28, 2003
SB 5211 Prime Sponsor, Senator Kohl-Welles: Clarifying that certain entities are not collection agencies. Reported by Committee on Financial Services, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Benton, Chair; Winsley, Vice Chair; Keiser, Prentice, Reardon, Roach and Zarelli.
Passed to Committee on Rules for second reading.
January 28, 2003
SB 5403 Prime Sponsor, Senator Rossi: Making 2001-03 supplemental operating appropriations. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5403 be substituted therefor, and the substitute bill do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Hale, Honeyford, Johnson, Parlette, Roach, Sheahan and Winsley.
MINORITY Recommendation: Do not pass. Signed by Senators Brown, Fairley, Fraser, Kohl-Welles, Poulsen, Regala and B. Sheldon.
Passed to Committee on Rules for second reading.
January 28, 2003
SB 5427 Prime Sponsor, Senator Rossi: Controlling state expenditures. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5427 be substituted therefor, and the substitute bill do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Hale, Honeyford, Johnson, Parlette, Roach and Sheahan.
MINORITY Recommendation: Do not pass. Signed by Senators Brown, Fairley, Fraser, Kohl-Welles, Poulsen, Regala and B. Sheldon.
Passed to Committee on Rules for second reading.
January 28, 2003
SJM 8003 Prime Sponsor, Senator Fraser: Requesting Congress to restore the sales tax deduction for federal income taxes. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Brown, Fairley, Fraser, Hale, Honeyford, Johnson, Kohl-Welles, Parlette, Poulsen, Regala, Roach, Sheahan, B. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
January 28, 2003
SJR 8204 Prime Sponsor, Senator Rossi: Amending the Constitution to provide for a revenue stabilization fund. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Joint Resolution No. 8204 be substituted therefor, and the substitute joint resolution do pass. Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Fairley, Hale, Honeyford, Johnson, Parlette, Poulsen, Roach and Sheahan.
MINORITY Recommendation: Do not pass. Signed by Senators Brown, Fraser, Kohl-Welles, Regala and B. Sheldon.
Passed to Committee on Rules for second reading.
INTRODUCTION AND FIRST READING
SB 5534 by Senators Keiser, Fraser, Kline and Kohl-Welles
AN ACT Relating to visible smoke from motor vehicles; amending RCW 46.37.390, 46.04.521, and 46.37.539; adding a new section to chapter 46.37 RCW; creating new sections; and prescribing penalties.
Referred to Committee on Natural Resources, Energy and Water.
SB 5535 by Senators West, Winsley, Fraser, Jacobsen, Haugen, Brown, Fairley, Roach, Hale, Eide, Schmidt, Stevens, Rasmussen and Kohl-Welles
AN ACT Relating to death benefits for members of the teachers' retirement system, school employees' retirement system, and public employees' retirement system; amending RCW 41.32.520, 41.32.805, 41.32.895, 41.35.460, 41.35.710, 41.40.270, 41.40.700, and 41.40.835; and creating a new section.
Referred to Committee on Ways and Means.
SB 5536 by Senators Finkbeiner, Reardon, Roach, Hale, Horn, Benton, Morton, Hewitt, Schmidt, Kastama, Sheahan, Mulliken, Johnson, Parlette, Stevens, West and Esser
AN ACT Relating to condominiums; amending RCW 64.34.100, 64.34.216, 64.34.410, 64.34.425, 64.34.443, 64.34.445, 64.34.450, and 64.34.452; and creating a new section.
Referred to Committee on Judiciary.
SB 5537 by Senators Benton, Prentice, Esser, Rossi, Finkbeiner, Johnson, T. Sheldon, Roach and Stevens
AN ACT Relating to transportation alternatives in central Puget Sound; and adding a new section to chapter 81.112 RCW.
Referred to Committee on Highways and Transportation.
SB 5538 by Senators Esser, Prentice, Rossi, Benton, Finkbeiner, Johnson, T. Sheldon, Roach, Schmidt and Oke
AN ACT Relating to election and authority of Sound Transit board members; and amending RCW 81.112.040, 81.112.010, and 81.112.030.
Referred to Committee on Highways and Transportation.
SB 5539 by Senators Esser, Kastama and Winsley (by request of Department of Licensing)
AN ACT Relating to reports by vehicle wreckers and scrap processors; adding a new section to chapter 46.79 RCW; and adding a new section to chapter 46.80 RCW.
Referred to Committee on Highways and Transportation.
SB 5540 by Senators Sheahan and Rasmussen
AN ACT Relating to seed testing and certification fees; adding a new section to chapter 15.49 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Agriculture.
SB 5541 by Senators Keiser, Prentice and Winsley
AN ACT Relating to prepayment of unpaid time balance; and amending RCW 63.14.080.
Referred to Committee on Financial Services, Insurance and Housing.
SB 5542 by Senators Hargrove, Brandland, Schmidt and Winsley
AN ACT Relating to the exercise of reasonable care by state employees and its agents at the department of social and health services and the department of corrections; adding new sections to chapter 43.20A RCW; adding new sections to chapter 72.09 RCW; and creating a new section.
Referred to Committee on Children and Family Services and Corrections.
SB 5543 by Senators Brandland, Hale and Schmidt
AN ACT Relating to the tortious conduct of the state and its municipalities and liability for its governmental functions; and amending RCW 4.92.090 and 4.96.010.
Referred to Committee on Judiciary.
SB 5544 by Senators Winsley, Fraser, Prentice and Kohl-Welles
AN ACT Relating to bereavement leave for state employees; amending RCW 41.06.133; reenacting and amending RCW 41.06.150; providing an effective date; and providing an expiration date.
Referred to Committee on Commerce and Trade.
SB 5545 by Senators Esser, Reardon, Poulsen, Sheahan and Winsley (by request of Department of Health)
AN ACT Relating to fees for certified copies of vital records; and amending RCW 70.58.107.
Referred to Committee on Judiciary.
SB 5546 by Senators McAuliffe, Franklin, Eide, Prentice and Rasmussen
AN ACT Relating to early learning; adding a new section to chapter 28A.300 RCW; and creating a new section.
Referred to Committee on Education.
SB 5547 by Senators McAuliffe, Eide, Regala, Franklin and Kohl-Welles
AN ACT Relating to membership on the state board of education; and amending RCW 28A.305.010 and 28A.305.080.
Referred to Committee on Education.
SB 5548 by Senators McAuliffe, Franklin, Eide, Prentice, Kohl-Welles and Winsley
AN ACT Relating to prekindergarten; and adding new sections to chapter 28A.215 RCW.
Referred to Committee on Education.
SB 5549 by Senators Prentice, Fraser, Schmidt, T. Sheldon, Kohl-Welles and Shin
AN ACT Relating to the creation of a joint legislative oversight committee on trade policy; adding a new chapter to Title 44 RCW; and declaring an emergency.
Referred to Committee on Commerce and Trade.
SB 5550 by Senators West, Stevens, Kastama, Roach, Kline, Johnson, Fairley, T. Sheldon, Thibaudeau, Benton, Keiser, Eide, Prentice, Kohl-Welles, Esser, Shin, Oke and Winsley
AN ACT Relating to prohibiting secure community transition facilities from being sited near public and private youth camps; amending RCW 71.09.285 and 71.09.342; reenacting and amending RCW 71.09.020; adding a new section to chapter 71.09 RCW; and creating a new section.
Referred to Committee on Children and Family Services and Corrections.
SB 5551 by Senators Mulliken and T. Sheldon (by request of Governor Locke)
AN ACT Relating to timelines and funding for implementation of guidelines for shoreline master programs; and amending RCW 90.58.080 and 90.58.250.
Referred to Committee on Land Use and Planning.
SB 5552 by Senators Sheahan, Rasmussen, Swecker, Hale and Shin
AN ACT Relating to the state agricultural commodity commissions; and amending RCW 15.66.030, 15.66.140, and 15.66.185.
Referred to Committee on Agriculture.
SB 5553 by Senators Mulliken, Oke, T. Sheldon and Stevens
AN ACT Relating to providing for the option for immediate eviction of tenants who are involved in criminal actions or unlawful civil disruptions; adding a new section to chapter 59.18 RCW; and creating a new section.
Referred to Committee on Judiciary.
SB 5554 by Senators Roach, Rasmussen, Benton, Kastama, Schmidt, Shin, Oke and Winsley
AN ACT Relating to defining veteran for certain purposes; and amending RCW 41.04.007.
Referred to Committee on Government Operations and Elections.
SB 5555 by Senators Kohl-Welles, Jacobsen, Fairley, McAuliffe, Regala, Fraser, Thibaudeau, Kline, B. Sheldon, Spanel and Prentice
AN ACT Relating to recovery of orca whales in Washington waters; and creating new sections.
Referred to Committee on Parks, Fish and Wildlife.
CHANGES IN STANDING COMMITTEE ASSIGNMENTS
The President announced the following changes to the Standing Committee assignments:
Senator Betti Sheldon is removed from the Committee on Rules.
Senator Deccio is removed from the Committee on Rules.
Senator Kohl-Welles is removed from the Committee on Ways and Means.
Senator Kohl-Welles is appointed to the Committee on Economic Development and Rules.
Senator Hale is appointed to the Committee on Economic Development.
Senator Schmidt is appointed to the Committee on Rules.
Senator Doumit is appointed to the Committee on Ways and Means.
MOTION
On motion of Senator Sheahan, the Standing Committee changes in assignments were confirmed.
MOTION
At 10:43 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.
The Senate was called to order at 10:59 a.m. by President Pro Tempore Winsley.
SECOND READING
SENATE BILL NO. 5403, by Senators Rossi and Fairley (by request of Governor Locke)
Making 2001-03 supplemental operating appropriations.
MOTION
On motion of Senator Sheahan, Substitute Senate Bill No. 5403 was substituted for Senate Bill No. 5403 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Betti Sheldon moved that the following amendments by Senators Betti Sheldon and Fraser be considered simultaneously and be adopted:
On page 6, line 17, increase the FY 2003 General Fund appropriation by $560,000 and adjust the total appropriation accordingly.
On page 174, after line 24, insert the following:
"NEW SECTION. Sec. 707. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
The office of financial management shall uniformly reduce allotments for all agencies for goods and services expenditures by $560,000 from 2001-03 biennial general fund--state appropriations. The general fund allotment reduction shall be placed in unalloted status and remain unexpended."
Debate ensued.
Senator Regala demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Betti Sheldon and Fraser on page 6, line 17, and page 174, line 24, to Substitute Senate Bill No. 5403.
ROLL CALL
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 23.
Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 26.
MOTION
Senator Jacobsen moved that the following amendment be adopted:
On page 9, after line 6, insert the following:
"(9) By January 1, 2004, the secretary of state shall submit a report to the senate committee on ways and means and the house of representatives committee on capital budget that evaluates options to provide a permanent site for the facilities of the state library."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Jacobsen on page 9, after line 6, to Substitute Senate Bill No. 5403.
The motion by Senator Jacobsen failed and the amendment was not adopted.
MOTION
Senator Fairley moved that the following amendments be considered simultaneously and be adopted:
On page 72, after line 15, insert the following and adjust the total appropriation accordingly:
General Fund--State Appropriation (FY 2003)..........$15,351,000"
On page 75, beginning on line 4, strike all material down to and including "act." on line 6 and insert the following:
"(9) The health care authority shall admit new enrollees to the subsidized basic health plan sufficient to maintain an average monthly enrollment of 140,575 persons after the effective date of this 2003 act."
On page 174, after line 24, insert the following:
"NEW SECTION. Sec. 707. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
The office of financial management shall uniformly reduce allotments for all agencies for salaries, wages, benefits, and other costs associated with general fund--state expenditures for members of the Washington management service by $15,351,000 from 2001-03 biennial general fund--state appropriations. The general fund allotment reduction shall be placed in unalloted status and remain unexpended."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Regala demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Fairley on page 72, line 15; page 75, line 4; and page 174, line 24; to Substitute Senate Bill No. 5403.
ROLL CALL
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 22.
Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 27.
MOTION
Senator Poulsen moved that the following amendment be adopted:
On page 174, after line 24, insert the following:
"NEW SECTION. Sec. 707. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
The following amounts are appropriated from the general fund to the specified state agencies for the 2003-05 fiscal biennium for the purposes of implementing the collective bargaining agreement with home care workers:
Home Care Quality Authority
General Fund--State Appropriation (FY 2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$67,000
General Fund--State Appropriation (FY 2005). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$175,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$235,000
Department of Social and Health Services
General Fund--State Appropriation (FY 2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $31,820,000
General Fund--State Appropriation (FY 2005). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65,638,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $94,709,000
Health Care Authority
General Fund--State Appropriation (FY 2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$39,000
General Fund--State Appropriation (FY 2005). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$37,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$74,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $192,794,000"
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Regala demanded a roll call and the demand was sustained.
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Poulsen on page 174, line 24, to Substitute Senate Bill No. 5403.
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 Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 23.
Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 26.
MOTION
Senator Kline moved that the following amendments by Senators Kline and Franklin be considered simultaneously and be adopted:
On page 11, line 17, increase the FY 2003 General Fund appropriation by $207,000 and adjust the total appropriation accordingly.
On page 174, after line 24, insert the following:
"NEW SECTION. Sec. 707. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
The office of financial management shall uniformly reduce allotments for all agencies for goods and services expenditures by $207,000 from 2001-03 biennial general fund--state appropriations. The general fund allotment reduction shall be placed in unalloted status and remain unexpended."
Debate ensued.
Senator Franklin demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Kline and Franklin on page 11, line 17, and page 174, line 24, to Substitute Senate Bill No. 5403.
ROLL CALL
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 22.
Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 27.
MOTION
Senator Hargrove moved that the following amendments by Senators Hargrove, McAuliffe, Fairley and Shin be considered simultaneously and be adopted:
On page 35, line 32, increase the FY 2003 General Fund appropriation by $1,500,000 and adjust the total appropriation accordingly.
On page 174, after line 24, insert the following:
"NEW SECTION. Sec. 707. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
The office of financial management shall uniformly reduce allotments for all agencies for goods and services expenditures by $1,500,000 from 2001-03 biennial general fund--state appropriations. The general fund allotment reduction shall be placed in unalloted status and remain unexpended."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Hargrove, McAuliffe, Shin and Fairley on page 35, line 32, and page 174, line 24, to Substitute Senate Bill No. 5403.
The motion by Senator Hargrove failed and the amendments were not adopted.
MOTION
Senator Keiser moved that the following amendments be considered simultaneously and be adopted:
On page 75, on line 25, strike "(($18,292,000))" and insert "$18,292,000"
On page 75, on line 26, strike "$17,192,000"
On page 76, on line 5, increase the Accident Account appropriation amount by $4,470,000
On page 76, on line 8, increase the Medical Aid Account appropriation amount by $12,643,000
Adjust the total appropriation accordingly
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Keiser on page 75, lines 25 and 26, and page 76, lines 5 and 8, to Substitute Senate Bill No. 5403.
The motion by Senator Keiser failed and the amendments were not adopted.
MOTION
On motion of Senator Rossi, the rules were suspended, Substitute Senate Bill No. 5403 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5403.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5403 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 29.
Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 20.
SUBSTITUTE SENATE BILL NO. 5403, 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 McCaslin: “A point of personal privilege, Madam President. Well, I want to welcome Senator Doumit, who passed out--pardon the expression--fish. I wanted a whole one. Now, we know that he is a cheap skate. Obviously, you have heard about our long-standing rule about a freshman’s first speech. That is what he called it. It is a speech and you have to pass out a gift. I just want to warn the Democratic Caucus to be very careful. I understand that he is one of eleven children, so if you are not nice to him, you could lose ten votes to the Republicans. But, I doubt it seriously.
“As one of the shorter members in the Senate, I want to congratulate you, because we have three caucuses–Republican, Democrat and the short member’s caucus. In fact, I haven’t seen you stand too much, but you might make President. People have been telling me about your endeavors. You were a farmer; you were or are a commercial fisherman. Then you were a County Commissioner; then you were in the House of Representatives; and now you are in the Senate. Can’t you hold a steady job? I just want to tell the Republicans--they want me to sit down and shut up--but I just want to tell the Republicans that we would have lunch if they hadn’t had so many amendments. Then, of course, you guys had to respond to each one of their amendments. So, don’t blame me for missing lunch. Senator Doumit, we welcome you with open arms and we look forward to working with you. We know you will be an excellent member, so congratulations on being a Senator.”
PERSONAL PRIVILEGE
Senator Doumit: “A point of personal privilege, Madam President. Thank you, Madam President, and thank you, Senator McCaslin. My only recommendation is to eat the fish right away or freeze it or put it in the refrigerator.”
SECOND READING
SENATE BILL NO. 5001, by Senators Zarelli, McCaslin, Kastama, T. Sheldon, Carlson, Esser and Sheahan
Revising the felon-murder statute.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5001 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 McCaslin: “Senator Zarelli, what is the ‘merger doctrine’ and has the Washington State Supreme Court ever considered adoption of the merger doctrine in relation to second degree felony murder?”
Senator Zarelli: “The merger doctrine is a rule of statutory construction for determining if the Legislature intended to impose only one punishment for multiple crimes. The doctrine only applies when there is clear Legislature intent to do so. There was no such legislative intent in this case and there is none now.
“In 1978, Justice Horowitz stated that the adoption of the merger doctrine by the court in the case of second degree felony murder would be, and I am quoting the court here: ‘An unwarranted and insupportable invasion of the legislative function in defining crimes.’ This is exactly what the present Supreme Court decision has now done.”
Senator McCaslin: “Is this amendment to the second degree murder statute meant to be retroactive?”
Senator Zarelli: “Yes, absolutely. The Washington Supreme Court has indicated in the past that in order for a statute to be applied retroactively, the amendment must be remedial, curative in nature, and the Legislature must clearly indicate its intention to apply the statute retroactively. Today’s amendment is clearly intended only to cure the court’s misinterpretation of legislative intent and reemphasize that assault is and always has been a predicate offense for second degree felony murder.
“Today, we are also urging the court to retroactively apply the Legislature’s original and continuing intent to include assault as a predicate offense for second degree felony murder.”
Senator McCaslin: “Thank you, Senator Zarelli.”
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5001.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5001 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE BILL NO. 5001, 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 Schmidt, the following resolution was adopted:
SENATE RESOLUTION 8606
By Senators Schmidt, Roach, Rasmussen, Hale, Johnson, Carlson, Honeyford, B. Sheldon, Regala, Fraser, Brown, Zarelli, Benton, Shin, T. Sheldon, Eide, McAuliffe, Mulliken, Spanel, Stevens and Kohl-Welles
WHEREAS, Over eight thousand men and women of the Washington National Guard comprised of Air National Guard and Army National Guard continue to serve the country as Guardians of American interests at home and abroad; and
WHEREAS, These recognized leaders in state, regional, and national preparedness, who reside in every legislative district throughout Washington, volunteer their time and personal efforts to serve the needs of the people of Washington State; and
WHEREAS, The Washington National Guard continues to be prepared to answer the state's call in response to floods, fires, civil disturbances, and all other natural or manmade emergencies and disasters; and
WHEREAS, The Washington National Guard has provided additional security at our state's airports, at our international borders, during the 2002 Winter Olympic Games, and at numerous locations across the globe, in protection of our state and nation in answer to the war on terrorism and response to the horrific terrorist attacks on our nation September 11, 2001; and
WHEREAS, The Washington National Guard continues its promoting of positive lifestyles and activities for Washington's youth through involvement and support in highly effective drug prevention programs with school-aged children and community-based organizations; and
WHEREAS, The Washington National Guard continues an active participation in the state's counterdrug efforts by providing soldiers, airmen, and specialized equipment in support of many local, state, and federal law enforcement agencies. The dedication of these men and women last year contributed to hundreds of drug-related arrests and seizures and the destruction of millions of dollars of illegal drugs; and
WHEREAS, The Washington National Guard adds value to communities by opening armories for public use, assistance to food banks, and other community and youth activities. The Washington National Guard continues to build upon these readiness centers/armories throughout the state to enhance education, add to quality of life, and increase economic vitality; and
WHEREAS, Select members and units of the Washington National Guard are now serving throughout the world in critical missions, supporting the nation in the war on terrorism with dedication, valor, and courage, and at great personal risk and sacrifice;
NOW, THEREFORE, BE IT RESOLVED, That the Senate express its thanks and appreciation to the devoted families and dedicated employers of our Washington National Guard soldiers and airmen for their support, without which the Washington National Guard's missions could not be successful; and
BE IT FURTHER RESOLVED, That the Senate specifically and particularly recognize the value and dedication of a strong Washington National Guard to the viability, economy, safety, security, and well-being of this state. This is accomplished through the outstanding performance of its state emergency and disaster relief missions and through the continued benefit to local communities by the presence of productively employed, drug-free, and well-equipped and trained Guard units and the readiness center/armories that house them; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the Adjutant General of the Washington National Guard, the Governor of the state of Washington, the Secretaries of the Army and Air Force, and the President of the United States.
Senators Schmidt, Poulsen and Betti Sheldon spoke to Senate Resolution 8606.
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege Madam President. I know, just relax everyone, we will get to lunch. I am a little ashamed. Everyone got a gift from the vote of Senator Mark Doumit and I got one from your friendly new Senator Dave Schmidt. I sent out an e-mail to all the Senators informing them of your maiden speech. Here are some of the replies: ‘Don’t worry, it won’t be his last; It is only the beginning. There will be more.’ Twenty-two said, ‘Who is Schmidt?’ One of them said, ‘Is he the guy on Seinfield, who calls himself George Constanza?’ They must not watch the program. Otherwise, they would be laughing more than you folks. But, welcome to the Senate, Senator Schmidt. Get together with Mark. Is it Mark? I shouldn’t say that. I should say, ‘Senator Doumit–not Dooumit.’ Anyway, welcome.”
PERSONAL PRIVILEGE
Senator Schmidt: “Thank you, Madam President. A point of personal privilege. To the fine Senator Hargrove, you may not be able to eat it, but if you win what is in there, the question is, ‘Are you going to give it back to the State General Fund?’ We are scratching lotto tickets for a few extra dollars this year, folks. Good luck.”
PERSONAL PRIVILEGE
Senator Sheahan: “Madam President, a point of personal privilege. Before we adjourn and go to lunch, very, very quickly. We have one of our Senate family that is going to retire. Sue LaVack, who has worked in the Senate for many, many years and is leaving us very soon. I know that we have all enjoyed working with her, because she is the one that makes sure that we get our pay check--which is very important. She has done a wonderful job for us; she has worked in the Senate for twenty-three years and a total of twenty-nine for the state of Washington. She has been an excellent servant of the people of the state and an excellent servant to the people of the Senate. I just wanted to rise to wish her well and to pass along our best wishes.”
The President Pro Tempore introduced and thanked Sue LaVack, who was seated in the back of the chamber.
PERSONAL PRIVILEGE
Senator Spanel: “A point of personal privilege. I, too, want to say ‘thank you’ to Sue for her long years of service. As time goes on, there is a rotation of Senators and other employees and some of the old leave and that. I think a lot of us always rely on staff to have a lot of the knowledge that we have to learn over the years. With her leaving, she is the last of the long-termers in that accounting office. That is a great loss to the Senate--that you are now going to go off to Spring Training, instead of writing our checks. I hope you have trained your successors well. I know the ones that I have dealt with are doing a good job. You leave a lot of that institutional memory; you are taking it with you. Pass it on. Do you have one more day or two more days? Two more days--make sure you pass it on.
“I just thank you for always being helpful and being loyal to the Senate--trustworthy and all those good things that you have done to help us out. Thank you.”
PERSONAL PRIVILEGE
Senator Sheahan: “A point of personal privilege, Madam President. Before we adjourn, I just want to thank and congratulate you, Madam President, for the wonderful job that you have done today. I would ask the whole Senate to give her a round of applause. I know you have been here many years, but it is different being up there on the podium. I just really commend you for your great job.”
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Winsley: “Well, thank you. I didn’t realize this was that difficult on the feet.”
MOTION
At 12:43 p.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Thursday, January 30, 2003.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate