WHEREAS, Senator James E. West has proudly served the people of the Sixth Legislative District with honor and distinction since 1982, dedicating his life to making the state of Washington, especially the city of Spokane, a better place to live, work, and raise a family; and

      WHEREAS, James E. West rose from humble beginnings in the Grant School neighborhood on the South Hill in Spokane to graduate from Lewis & Clark High School, attend the University of Nevada at Reno, Spokane Community College, and Spokane Falls Community College, and graduate from Gonzaga University with his B.A. in criminal justice; and

      WHEREAS, James E. West has served his country as a paratrooper in the 82nd Airborne Division of the U.S. Army and most recently passed legislation to allow veterans of the Korean conflict who were drafted before graduation to finally receive their diplomas; and

      WHEREAS, Throughout his career, outside of the Legislature, James E. West ran a retail scuba shop, worked as a licensed realtor, served the Spokane County Sheriff's office as a deputy sheriff, and first worked in the Legislature as a security guard; and

      WHEREAS, James E. West committed much of his life to working with the Boy Scouts of America, both as a scoutmaster and director of Camp Cowles, touching thousands of lives, inspiring young people to greatness and winning the Inland Northwest District Award of Merit; and

      WHEREAS, James E. West started his career in public service in 1979 as the then youngest person ever elected to the Spokane City Council, he then won election to the State House of Representatives in 1982, where he served until winning his seat in the Senate in 1986; and

      WHEREAS, James E. West views his chairmanship of the Senate Health Care Committee as one of the most valuable experiences in his life, during which time he toured prisons, mental hospitals, facilities for people with developmental disabilities, and programs for troubled youth, and passed groundbreaking mental health legislation to expand regional services for the mentally ill, create the State Department of Health, develop a statewide trauma network, and require motorcycle helmets to prevent serious brain injuries; and

      WHEREAS, James E. West cultivated a wide network of political connections as both chairman and ranking member of the powerful Ways and Means Committee and both minority and majority leader of the Senate; and

      WHEREAS, James E. West's budgeting and leadership principles provide a lasting framework from which future generations of legislators can learn for decades to come; and

      WHEREAS, James E. West was named legislator of the year seven times throughout his career by groups ranging from the Association of Washington Business to the Washington State Medical Association, and from the Washington Ambulance Association to the Associated Builders and Contractors; and

      WHEREAS, James E. West's colleagues and staff in the Legislature, the Third House, and the Fourth Estate will deeply miss the tough-talking former deputy sheriff, with his sharp wit, voracious appetite for new ideas, tenacious grasp of parliamentary procedure, and unmatched skill as a political strategist; and

      WHEREAS, James E. West's devotion to the city of Spokane was unwavering during his twenty-five year tenure as a public servant, from his intense passion for Gonzaga basketball to his recent willingness to sacrifice one of the most powerful political positions in the state to serve as Mayor of the city that he loves;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate thank Senator James E. West for his many contributions to the state of Washington, to the legislative institution, and to all the people he has mentored since first taking legislative office more than two decades ago; and

      BE IT FURTHER RESOLVED, That we wish James E. West the very best in his new role as Mayor of the city of Spokane; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to James E. West's father, brother, and two sisters in Washington and in California.

      Senators Hale, Brown, Hewitt, Deccio, Hargrove, Oke, Haugen, Horn, Thibaudeau, Winsley, Tim Sheldon, Brandland, Kohl-Welles, Rasmussen and Stevens spoke to Senate Resolution 8685.

PERSONAL PRIVILEGE

      Senator West: “A point of personal privilege, Mr. President. Thank you, Mr. President. Actually, I was going to rise to close debate. You know words can’t express the feelings that I have for each and everyone of you. I think of the Senate as family--the Legislature as a family--my brothers and sisters. In some cases, you might be my mothers or fathers. I have to tell you that I have parents younger than you--so there.

      “I have to confess that, one, if I knew that it was going to be this good, I would have quit a long time ago, and two, that I am eternally grateful to Our Father in Heaven and to all of you for your prayers that this was the moment that I could have and this wouldn’t be my eulogy. I think that some of you thought in the spring, when you saw me, that might very well be the case.

      “I am very glad to have you amongst me at this time, as I move from the Senate into a great challenge in my life and a great job that I am looking forward to. I listened to the praise and frankly I don’t deserve it. You know there are really great majority leaders back in history and I have read about them. Of course, in recent times, Sid Snyder and Jeannette Hayner and others, who were absolutely great and I learned from them--and I learned from some that weren’t so great--and I learned from each and everyone of you. I learned more from you than you learned from me. What I learned here is going to serve the citizens of Spokane so well. You know if I could find forty-nine jobs in Spokane for you, I would take everyone of you with me and we would have a great city for it.

      “Senator Oke mentioned and others mentioned the prayers that did go out in behalf of my health. I thought that God sitting in Heaven there and all of a sudden it is like ‘Hey, who is this Jim West guy?’ Give me an angel and go find something out about him, because an awful lot of people are praying for him--and I appreciated that.

      “You are in good hands. Senator Finkbeiner will do a good job for our caucus. Senator Brown will do a good job for your caucus. I hope that you work together. I hope that this body continues to be a body of ideas--a body that can disagree on solutions, but understanding that the problems have to be solved and folks that can disagree without being disagreeable--and I am sure you can.

      “I look forward, frankly, to Spokane being a shining city on the hill, to being one of the best cities in the state of Washington. Again, taking what I have learned from you and what I have learned from my service in the Legislature and applying that in local government and seeing if we can’t have some improvement in our economy and the way we care for people and the way we do things. I think we can--I really truly do.

      “For that, I thank you, each and everyone. There is one member of the Senate--now trust me–there is no one here that is better than another. You are all great in my book and I am not better than anybody here. I consider myself actually lower in the quality, because you have allowed me to have this great job and you demonstrated through your hard work and through your efforts and through your caring that this state could be a better place. I really and truly appreciate that. I do have to publicly thank one person who--and again, you are great and rose to great occasions--but when I was sick, I went to one person on the floor and asked him to do a favor for me. I didn’t tell anybody. I asked him in my absence if he would please vote as if he were me? It was, perhaps, against his political convictions to do so, but he agreed to do it and then he did it. That is Senator Ken Jacobsen, whom I will be forever grateful. Thank you, Ken.

      “I think that actually demonstrates the brotherhood of the Senate, because in the Year 2000, Ken was over recruiting my opponent and working hard to defeat me. After the elections are over and after we have to get to work on policy and after we have to get to work to serve the citizens of this state, we can set all of that aside and we get to work.

      “So now, thank you, Mr. President. Thank you for allowing me to serve with you all of these great years. You have been a great friend and colleague. To each and everyone of you, thank you. I am going to miss you all. I am going to try and not come back for a period of time with my tin cup. Thank you very much and now let’s get to work.”

REMARKS BY THE PRESIDENT

      President Owen: “Senator West, the President would like to wish you the best of everything in your new job and hope you will come back and visit us. I do hope that you have passed your enthusiasm and knowledge of parliamentary procedure on to someone, as well, who is as gracious as you were when you were wrong.”

PERSONAL PRIVILEGE

      Senator Hewitt: “Mr. President, a point of personal privilege. When I came to the Senate in 2001, I had the honor to wish my Grandmother her hundredth birthday. We were actually on the floor that day and I thought it was a great privilege and I thought it might be the last time that I ever had the opportunity to do that. When I came back in 2002, I was able to wish her a happy one hundred and first birthday and we were on the floor the day it actually happened and I thought that would be the last. When I came back in 2003, I was able to wish her a happy one hundred and second birthday and we did that from the floor.

      “Sadly, today, I have to tell you that she died on Tuesday. She is being buried today at two o’clock, but I don’t say that to make you sad. My family believes so strongly in the process that we partake in over here, that they said, ‘We don’t want you to come home, we want you to stay there and do the people’s business.’

      “My Grandmother, I believe, is the epitome of what all of us would want every voter in this state to be. She was engaged, she knew the issues, she knew the candidates. I tell you it was great to be around a lady like that and have the influence of that. So, as my Grandmother is buried today at two o’clock, I am going to be here today doing what she would want me to do--doing the people’s business.

      “Grandma, I love you and I wish I were with you. Thank you for listening.”

PERSONAL PRIVILEGE

      Senator Rossi: “Mr. President, a point of personal privilege. This probably is the most difficult speech that I have ever made on this floor. Quite frankly, I am going to announce today my resignation from the State Senate. It is a red letter day for you Senator Brandland. You are moving up that ladder fast. A few more speeches and you are going to be the majority leader.

      “Really, what I wanted to talk about to you today was to say ‘thank you.’ When I got sworn in as a State Senator, I sat on the floor of the Senate in that gorgeous building over there. I sat in my chair and leaned back and looked at the Tiffany chandeliers and all the marble and I broke out in a cold sweat and said ‘Oh, my God, I am a Senator now.’ Then I looked at all these people--of course, I was a freshman--sitting next to Don Benton in the back row and looked at these people in front of me who had been there for quite some time and I was wondering if I was really qualified to actually be here. I asked that question. So many of you were gracious, on both sides the aisle, to take me under your wing and give me some guidance and help me along and give me opportunities to succeed.

      “What I thought, when I became a Senator was that I realized that there were forty-nine people from forty-nine different districts and I realized that every person has a value. You just don’t know where it fits in to what you are trying to accomplish. I have already addressed my caucus and told them that I would like to talk to my friends on the other side of the aisle.

      “When you think about what has happened over the last seven years--I have been here seven years now. I could have a story about each and everyone of you--a very positive story. Most of the stories are very positive with my interaction with you. Let’s just start with Senator Kline. He and I are just ideologically twins. We all know that. That was a joke! But you know, when a woman in my district, was walking with her husband hand in hand--Mary Johnson--and a three-time drunk driver ripped her from her husband’s hand, she died. I was in my second year in the Senate and I was looking at the bio’s of all the Senators and I realized that Senator Kline had been involved with Mother’s Against Drunk Driving. Who was number two on every bill I had for drunk driving--the Mary Johnson Act–well Adam Kline and I were joined at the head. Thank you, Adam, and we have made a difference with that.

      “Then, there is Senator Jacobsen who came in at the same time. You truly are a man of your word and a man of conviction, as Senator West has already pointed out and I want to thank you for the help you have given me. Senator Hargrove, we have fought a lot of battles together. Sometimes we were successful and sometimes we weren’t, but I always knew where you stood. We oftentimes stood together and I want to thank you for what you have done.

      “You go down the list here--Senator Rasmussen, kids and cows--kids and cows. You truly, truly do have it in your heart and what you have done as a Senator is remarkable and you continue to do it. Senator Fairley, I am not going leave you out of this. Your passion and compassion for the developmentally disabled and for people who are vulnerable was demonstrated last year time and time again. Please don’t ever stop--please don’t every stop doing that, because they need our help. Senator Tim Sheldon, the rock--incredibly solid. Every time when you told me you were going to be somewhere, guess what, when I got there, there you were. I appreciate that.

      “The decision was very difficult. I love this job. Last year, it ended up being the most enjoyable year that I have had in seven years in the State Senate. Towards the end of the session, Randy Hodgins on the Ways and Mans staff came to me and said, ‘You know, you are not suppose to be enjoying this.’ I said, ‘Well, we are going to do the best we can with what we have and I am going to make sure that we work across the aisle.’ To show how you folks put policy above politics, last year we passed fifty bills that were necessary to implement the budget on the Senate floor and not a single one of them passed with a party line partisan vote. Why? Because everybody here actually cares about the entire state of Washington and that is why that happened.

      “Yes, I am--you have probably heard the rumor--I am going to run for Governor. I have been trying to keep it quiet. To keep a secret, it is just the people I tell that can’t. I think it is important for me to do this--to resign from the State Senate. Quite frankly, this is something I need to do now if we are going to restore the greatness that we once had. We are at a crossroads and I believe that I am in a position to do something about this.

      “So, that is what I am going to do. Thank you, very much. The good news is that I’ll just be over on the second floor.”

PERSONAL PRIVILEGE

      Senator Brown: “Mr. President, a point of personal privilege. We are losing someone on this side of the aisle. too, and we would like to like to wish him well. I wasn’t sure if he was going to stand up on his own behalf and say anything to us and so I just wanted to acknowledge that Senator Reardon has not been with us in the Senate for a long time, but we are going to miss him. He, also, has heard the call of moving on to serve his local community and successfully taken on this job of County Executive. Senator Hargrove has just stripped him of his title now.

      “Aaron, we are going to miss you, too, and your sense of humor. Some of you remember the time when we had some difficulty in the Call of the Senate and had a tough time finding you. Thanks for calling in and thanks for coming back. We appreciate that. Really, we really appreciate the time that we have spent with you and wish you and your wife and daughter the very best in your job as Snohomish County Executive.”

PERSONAL PRIVILEGE

      Senator Schmidt: “Mr. President, a point of personal privilege, if I may. I am going to continue that remark about Senator Reardon. When he had won the primary, I wanted to say, ‘Congratulations,’ but in behalf of our party, I wanted to say, ‘Darn you.’ I knew he was going to have a good shot at winning. I just want to make a few comments. I ran for office for the first time in 1992. At that time, he was the campaign manager for my opponent, who defeated me. I was hoping I would never see him again. Now, I know, I will be seeing him quite frequently.

      “I just want to say, ‘Aaron, congratulations again.’ I know you are going to do a good job there. I know you are a man of your word. We can trust you. I think we are going to find ourselves agreeing on a lot of things, because you are very good at that. I know you will do very well in serving the citizens of Snohomish County and look forward to being with you some more. Thank you.”

PERSONAL PRIVILEGE

      Senator Reardon: “A point of personal privilege, Mr. President. Thank you, Mr. President and members of the Senate. Thank you very much for the distinguished opportunity to serve as your colleague. I have been here for five years and only one year in the State Senate, but if I had it to do over again, I would have run for the Senate in 1998. This truly is a body that I think can make things happen and I think the brain power of the state is in this body. It was demonstrated last year with the difficult challenges that--I hate giving Senator Rossi any praise right now--but the leadership that was demonstrated in this body, I think, set the tone for the challenges that needed to be taken on for years to come. I think that the state will turn more back to the middle in years to come and not be so partisan. I think all of our citizens will benefit from that.

      “The work you have ahead of you is indeed--it is a big challenge--and, of course, during my campaign for county executive, I often talked to the new Mayor of Spokane. We exchanged notes on leadership and on campaign tactics. The only challenge, I guess I will throw is this, Jim. ‘We have a hockey team and we will beat you.’ If you every want to come and watch, we have season tickets and Kay and I would love to have you down.

      “Thank you very much for the opportunity to serve all of you and thank you for the honor.”

PERSONAL PRIVILEGE

      Senator Kohl-Welles: A point of personal privilege, Mr. President. I would like to speak on the passing of a former Senate colleague, State Senator Ray Moore, who was my predecessor from the Thirty-sixth Legislative District. Most of you likely know that Senator Moore died last Saturday at the age of ninety-one. He followed the death of his beloved wife, Virginia, who died last April. Ray, frequently, was heard to say that he knew that Virginia would outlive him by twenty-five years. I spoke with him several times in the last few months, as I am sure many of you did, and one could not help but notice the difference. His voice was very fragile; He sounded very frail; He was very lonely. It was really anticipated that he would die shortly.

      “In my conversations with him, what came through still was his very wicked sense of humor, which, I am sure, all of you who served with Senator Moore in the Senate, remember. His sense of humor was profound, but often times was very hard. Senator Moore served in the Senate for sixteen years from 1978 to 1994. I am sure, those of you who were here and heard his very moving and eloquent speech on the Senate floor, during the 1994 Legislative Session, will never forget that. It apparently brought tears to many eyes as he announced that he would retire at the end of the year. In fact, he ended up resigning from the Senate that following October.

      “As you may have known, he had started out as a Republican and we have the Seattle Times article written by Ralph Turner on the desk. It goes into some detail on this that Senator Moore was a Republican PCO, starting off in the 1930's. He was Chair of the King County Republican party and he ran for the Legislature four times unsuccessfully before finally winning--twice as a Republican and twice as a Democrat.

      “Senator Moore’s public policy was true humanitarian. He always championed civil rights, championed the down trodden, championed the vulnerable. He co-founded the Queen Ann Help Line, the first of its kind in the state of Washington and talked me into taking his place on the board in 1993. He also championed small business owners. It was critically important to him.

      “There are some things that some people may not have known about Ray. His humor, again, and his political shrewdness were significant about him, as were all of the issues he cared about as public policy. When I became a board member of the very, very large retirement home in my district, he sent me a note saying, ‘Congratulations, I wish I could have done that, because it is an entire precinct. It will help with your next election.’ He always thought, I think, on a double track--policy and politics.

      “I wish I could share some of the antidotes that my husband and I know about with regards to his humor, but I dare not when we have, perhaps, TVW broadcasting this. I will share one thing sort of. I used to come over to the Senate floor to talk with Senator Moore in the wings. I was in the House and one time as we were talking, I glanced at the tie he was wearing. Some of you may remember his ties, but it took my breath away. I was aghast; I couldn’t take my eyes off of this tie. I would love to describe it, but I can’t in public. What I will say it that this was his stock broker tie and he always wore it, he told me, when there was going to be a vote or an issue taken up on the Senate floor that had somehow to do with taxes and businesses. The tie had figures of bulls and bears on it, but it was the way they were positioned that I cannot reveal to you. Perhaps your imagination, if you knew Ray, will lead you to understand what that tie was. It was quite a tie.

      “Senator Moore was the champion above all legislators I have ever known or even heard about with regard to his constituent casework. He and Virginia were a team and they complied a legendary card file of constituents. They didn’t have the computer; they didn’t have internet then, but they had a card on every single constituent they ever came into contact with. He sent people congratulations on their birthdays, on wedding anniversaries, on children’s birthdays, everything that they could possibly think of. I still run into constituents who say ‘I remember when Senator Moore learned about this issue and he was there for us.’

      “I have missed Senator Moore a lot since he has been gone, but I will never forget his compassion, his dedication and his humor. I will always remember his yard signs--the best one--with a photo of him on the yard sign and the narrative said, ‘Moore than just a pretty face.’”

PERSONAL PRIVILEGE

      Senator Fraser: “A point of personal privilege. Today is a day of many fond farewells, but truly the passing of Senator Ray Moore is a day of a sad farewell. I remember Senator Moore with so much respect and fondness that I just wanted to say a couple of words. I joined the Senate in 1993 and one of the first committees I served on was his committee. It was the Committee on Financial--it was a committee he had--you might say, amassed. It was a committee on Financial Institutions, Labor, Commerce, Economic Development, Housing, Regulatory Reform and probably a number of other subjects. It was probably the largest scoped committee in the Senate, which certainly shows that he was a master of the internal workings and relationships of the Senate.

      “He also served on the committee that I chaired. I was fortunate to chair a committee, when I first arrived, on Committee on Ecology and Parks. I am pleased to recall that he was a very strong pro environment legislator and also took a very long range interest in water policy. Then, after he left the Senate, his staff member, Jim Hughes, came to work in my office. So, I have had a lot of association with Ray and Virginia. Ray and I really bonded early on, like the first year I was here over the State Employees bargaining issue. That was an extremely strenuous issue then. That just shows you how long that issue has been going on, like a decade or more, and we finally reached a decision on that a couple of years ago. Even then, it was extraordinarily strenuous within the Legislature and between the legislative and executive branches. We had a major bonding experience on that and were on the same side. That became a wonderful relationship between us, which I will forever treasure. I appreciated his friendship, his many insights, his long perspective--he did like to remind us of a lot of history on a lot of issues--which was very helpful. One other point of humor was, those of you who have been here a few years, may remember how he handled gubernatorial appointments, looking through the file and reporting on it. He has made many policy contributions to our state. These have many friendships in our state and I and many others will miss him.”

MOTION

      At 1:05 p.m., Senator Esser moved that the Senate go at ease.

MOTION

      Senator Brown moved that the Senate revert to the fourth order of business to consider the Message from the House regarding House Bill No. 2297.

RULING BY THE PRESIDENT

      President Owen: “Senator Brown, the President believes that a motion to go at ease is a privileged motion and would take precedence, so it is necessary to vote on that motion first.”

      Senator Brown objected and requested a roll call vote on the motion to advance to the fourth order of business.

PARLIAMENTARY INQUIRY

      Senator Kastama: “A parliamentary inquiry, if this body goes at ease, is there any limit as far as how long that at ease can be?”

RULING BY THE PRESIDENT

      President Owen: “Senator Kastama, Senator Esser has proposed that the Senate go at ease, subject to the call of the President. I suspect that the President could call you back at any time under that direction.”

      Senator Kastama: “Also, I would like to ask an additional question. Therefore, until we come back, this body cannot consider the presidential primary bill that just passed the House? We cannot consider the cancellation until we come back into these chambers? Am I correct, Mr. President?”

RULING BY THE PRESIDENT

      President Owen: “That is correct, Senator. That would be a majority of the members coming back.”

      Senator Kastama: “Thank you.”

      The President declared the question before the Senate to be the roll call on the motion by Senator Brown to revert to the fourth order of business to consider the House Message on House Bill No. 2297.

      Debate ensued.

FURTHER RULING BY THE PRESIDENT

      President Owen: “One moment, please. Senator Kastama, in further review of the rules, the President believes that his previous ruling is incorrect, because a time certain was not established. There is no specific reference to going at ease, but only going at recess. So, the President has to believe that they are compatible, but the rule at going to recess, in order for it to be a privileged motion, must have a time certain. Therefore, Senator Brown’s motion would be in order.”

      Further debate ensued.

PARLIAMENTARY INQUIRY

      Senator Brown: “A parliamentary inquiry, I am wondering if the Senator’s resignation from the Fifth District has already taken place. If so, is it appropriate for him to vote?”

REPLY BY THE PRESIDENT

      President Owen: “Senator Rossi, have you submitted your resignation letter to the Governor?”

      Senator Rossi: ‘No, I haven’t.”

RULING BY THE PRESIDENT

      President Owen: “Senator Brown, the answer to your question is the Senator must have submitted his resignation to the Governor before it takes effect. The question before the Senate is the roll on the motion by Senator Brown to revert to the fourth order of business.”  

ROLL CALL

      The Secretary called the roll on the motion by Senator Brown to revert to the fourth order of business and the motion carried, the President voting ‘aye’, by the following vote: Yeas, 24; Nays, 24; Absent, 1; Excused, 0.

     Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Sheldon, T., Shin, Spanel and, Thibaudeau - 24.

     Voting nay: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 24.

     Absent: Senator Carlson - 1.

MOTION

      At 1:22 p.m., Senator Esser moved to recess until 2:30 p.m.

PARLIAMENTARY INQUIRY

      Senator Kastama: “A point of parliamentary inquiry, Mr. President. If at this time of two-thirty--I believe--if a majority of members do not come back to the Senate floor, will we be able to vote on this piece of legislation, the presidential primary?”

RULING BY THE PRESIDENT

      President Owen: “You would fail to have a quorum at that time.”

      Senator Kastama: “Thank you, Mr. President.”

MOTION

      On motion of Senator Schmidt, Senator Carlson was excused.

      At 1:26 p.m., the Senate recessed until 2:30 p.m.

      The Senate was called to order at 2:30 p.m. by President Owen.

MOTION

      On motion of Senator Hewitt, Senator McCaslin was excused.

MESSAGE FROM THE HOUSE

December 5, 2003

MR. PRESIDENT:  

      The House has passed HOUSE BILL NO. 2297, and the same is herewith transmitted.

RICHARD NAFSZIGER, Chief Clerk

MOTION

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

INTRODUCTION AND FIRST READING

SB 6100                        by Senators Kastama, Shin, McAuliffe, Regala, Thibaudeau, Kline, Spanel, Brown, Doumit, Franklin, Keiser, Rasmussen, Eide, B. Sheldon, T. Sheldon and Fraser

Canceling the presidential primary in 2004.

SB 6101                        by Senator T. Sheldon

Revising primary election law.

SB 6102                        by Senators Kastama, Brown, Spanel, B. Sheldon, Franklin, Fraser, Doumit, Haugen, Reardon, T. Sheldon, Shin, Prentice, Regala, Fairley, McAuliffe, Keiser and Thibaudeau (by request of Governor Locke) 

Canceling the presidential primary in 2004.

INTRODUCTION AND FIRST READING OF HOUSE BILL

HB 2297            by Representatives Haigh, Armstrong, Kagi, Nixon, Santos, Hinkle, Shabro, Tom, Fromhold, Delvin, Dickerson, Alexander, McCoy, Ahern, Simpson, Woods, Clibborn, McDonald, Kenney, Miloscia, Chase, Lantz, Bailey, Schual-Berke, Hudgins, Flannigan, Dunshee, Ruderman, Darneille, Upthegrove, Linville, Blake, Hunter, Quall, Hunt, Morris, Wallace, Kessler, Veloria, Hankins, Lovick, Eickmeyer, Berkey, Romero, Rockefeller, Morrell and Sullivan (by request of Governor Locke)

Canceling the presidential primary in 2004.

MOTIONS

      Senator Esser moved that Senate Bill No. 6100, Senate Bill No. 6101 and Senate Bill No. 6102 and House Bill No. 2297 be referred to the to the Committee on Government Operation and Elections.

      Senator Betti Sheldon demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the motion by Senator Esser that all the bills on the Introduction and First Reading Calendar be referred to the Committee on Government Operations and Elections.

ROLL CALL

      The Secretary called the roll and the motion to refer all the bills on the Introduction and First Reading Calendar to the Committee on Government Operations and Elections failed by the following vote: Yeas, 23; Nays, 24; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 23.

     Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Sheldon, T., Shin, Spanel and Thibaudeau - 24.

     Excused: Senators Carlson and McCaslin - 2.

MOTION

      Senator Betti Sheldon moved that the rules be suspended and House Bill No. 2297 be advanced to second reading and placed on the second reading calendar.

PARLIAMENTARY INQUIRY

      Senator Esser: “A parliamentary inquiry. How many votes are needed to suspend the rules and advance this bill?”

RULING BY THE PRESIDENT

      President Owen: “Two thirds of the members present, which is thirty-two.”

POINT OF ORDER

      Senator Brown: “How many votes does it take to advance the bill tomorrow?”

RULING BY THE PRESIDENT

      President Owen: “It would take a majority. Senator Brown, it would take a majority of those present to advance it to second reading.”

      The President declared the question before the Senate to be the roll call on the motion by Senator Betti Sheldon to suspend the rules and advance House Bill No. 2297 to second reading.

ROLL CALL

      The Secretary called the roll and the motion to suspend the rules and advance the bill to second reading, not receiving the constitutional two-thirds majority, failed by the following vote: Yeas, 24, Nays, 23, Absent, 0; Excused, 2.

     Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Sheldon, T., Shin, Spanel and Thibaudeau - 24.

     Voting nay: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 23.

     Excused: Senators Carlson and McCaslin - 2.

MOTION

      At 2:43 p.m., Senator Esser moved that the Senate adjourn SINE DIE.

PARLIAMENTARY INQUIRY

      Senator Betti Sheldon: “A parliamentary inquiry, Mr. President. Is a concurrent resolution necessary before we can adjourn Sine Die?”

REPLY BY THE PRESIDENT

      President Owen: “I have the same parliamentary inquiry, Senator Sheldon. We are working on that right now.” 

MOTION

      At 3:02 p.m., on motion of Senator Esser, the Senate was declared to be at ease.

      The Senate was called to order at 3:06 p.m. by President Owen.

WITHDRAWAL OF MOTION

      Senator Esser withdrew his motion to immediately SINE DIE.

MOTION

      On motion of Senator Esser, the rules were suspended, House Bill No. 2297 was advanced to second reading and placed on the second reading calendar.

MOTION

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

SECOND READING

      HOUSE BILL 2297 by Representatives Haigh, Armstrong, Kagi, Nixon, Santos, Hinkle, Shabro, Tom, Fromhold, Delvin, Dickerson, Alexander, McCoy, Ahern, Simpson, Woods, Clibborn, McDonald, Kenney, Miloscia, Chase, Lantz, Bailey, Schual-Berke, Hudgins, Flannigan, Dunshee, Ruderman, Darneille, Upthegrove, Linville, Blake, Hunter, Quall, Hunt, Morris, Wallace, Kessler, Veloria, Hankins, Lovick, Eickmeyer, Berkey, Romero, Rockefeller, Morrell and Sullivan (by request of Governor Locke)

      Canceling the presidential primary in 2004.

      The bill was read the second time.

MOTION

      On motion of Senator Esser, the rules were suspended, House Bill No. 2297 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kastama, Zarelli, Schmidt, Tim Sheldon, Roach, Franklin, Parlette, Kline, Morton, Haugen, Benton, Hargrove, Mulliken, Doumit, Brandland and West spoke to House Bill No. 2297.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2297.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2297 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.

     Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Sheldon, T., Shin, Spanel, Thibaudeau and Winsley - 25.

     Voting nay: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Stevens, Swecker, West and Zarelli - 22.

     Excused: Senators Carlson and McCaslin - 2.

      HOUSE BILL NO. 2297, 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 Esser, House Bill No. 2297 was ordered to be immediately transmitted to the House of Representatives.

PERSONAL PRIVILEGE

      Senator Mulliken: “A point of personal privilege, Mr. President. To the members of the body, I would just like to clarify my final statement. I’ve had an education in TVW and I do owe an apology to the TVW folks. Apparently, we have internal and external channels and the public channel of 23 was being broadcast to the public, so they were hearing the debate. There were recordings going on internally, so all the internal channel was what was cut off. So, I wanted to explain that and say my apologizes.”

MOTION

      At 4:03 p.m., on motion of Senator Esser, the Senate was declared to be at ease.

      The Senate was called to order at 4:31 p.m. by President Owen.

MOTION

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

MESSAGE FROM THE HOUSE

December 5, 2003

MR. PRESIDENT:

      The House has passed HOUSE CONCURRENT RESOLUTION NO. 4411, and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

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

INTRODUCTION AND FIRST READING OF HOUSE BILL

HCR 4411          by Representatives Kessler, Chandler and Sullivan

Adjourning SINE DIE.

MOTIONS

      On motion of Senator Esser, the rules were suspended and House Concurrent Resolution No. 4411 was advanced to second reading and placed on the second reading calendar.

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

SECOND READING

      HOUSE CONCURRENT RESOLUTION NO. 4411, by Representatives Kessler, Chandler and Sullivan

      Adjourning SINE DIE.

      The concurrent resolution was read the second time.

MOTION

      On motion of Senator Esser, the rules were suspended, House Concurrent Resolution No. 4411 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

      The President declared the question before the Senate to be the adoption of House Concurrent Resolution No. 4411.

      HOUSE CONCURRENT RESOLUTION NO. 4411, was adopted by voice vote.

MOTION

      On motion of Senator Esser, House Concurrent Resolution No. 4411 was ordered to be immediately transmitted to the House of Representatives.

MOTION

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

MESSAGE FROM THE HOUSE

December 5, 2003

MR. PRESIDENT:

      The Speaker has signed HOUSE BILL NO. 2297, and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      HOUSE BILL NO 2297.

MOTIONS

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

      On motion of Senator Esser, Senate Bill No. 6100, Senate Bill No. 6101 and Senate Bill No. 6102, which were on the Introduction and First Reading Calender, were referred to the Committee on Government Operations and Elections.

MOTION

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

MESSAGE FROM THE HOUSE

December 5, 2003

MR. PRESIDENT:

      The Speaker has signed HOUSE CONCURRENT RESOLUTION NO. 4411, and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

CHANGE IN STANDING COMMITTEE ASSIGNMENTS

      The President announced the following change in the Standing Committee assignments:

      Senator Stevens is appointed to replace Senator McCaslin on the Committee of Land Use and Planning.

MOTION

      On motion of Senator Esser, the Standing Committee change in assignment was confirmed.

SIGNED BY THE PRESIDENT

      The President signed:

      HOUSE CONCURRENT RESOLUTION NO. 4411.

MOTION

      On motion of Senator Esser, the Senate Journal for the First Day of the Third Special Session of the Fifty-eighth Legislature was approved.

MOTION

      At 4:43 p.m., on motion of Senator Esser, the Third Special Session of the Fifty-eight Legislature adjourned SINE DIE.

BRAD OWEN, President of the Senate

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