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THIRTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, February 9, 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 except Senators Horn and Shin. On motion of Senator Honeyford, Senator Horn was excused.
Boy Scouts Greg Buri, Daniel Stephens, Brian Hamilton, Joshua Hansen, John Ried, Tim Mathews and Chris Lemmen, from Troop 462 in Fort Lewis, 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 7, 2001
SB 5079 Prime Sponsor, Senator Gardner: Updating motor vehicle tax provisions. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5079 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Finkbeiner, Horn, Jacobsen, Johnson, Kastama, McAuliffe, Oke, Patterson, Prentice, Shin and Swecker.
Passed to Committee on Rules for second reading.
February 7, 2001
SB 5114 Prime Sponsor, Senator Horn: Modifying motorcycle provisions. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5114 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Eide, Finkbeiner, Horn, Jacobsen, Johnson, Kastama, McAuliffe, Oke, Prentice, Shin and Swecker.
Passed to Committee on Rules for second reading.
February 7, 2001
SB 5186 Prime Sponsor, Senator Thibaudeau: Modifying department of social and health services' family planning services. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Fraser and Winsley.
Passed to Committee on Rules for second reading.
February 8, 2001
SB 5336 Prime Sponsor, Senator Kohl-Welles: Creating the public interest attorney loan repayment program. Reported by Committee on Higher Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5336 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Jacobsen, McAuliffe, Sheahan and B. Sheldon.
Referred to Committee on Ways and Means.
February 8, 2001
SB 5457 Prime Sponsor, Senator Kohl-Welles: Changing liability and licensure provisions for private vocational schools. Reported by Committee on Higher Education
MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to Committee on Rules for second reading.
February 8, 2001
SB 5552 Prime Sponsor, Senator Carlson: Expanding border county higher education opportunities. Reported by Committee on Higher Education
MAJORITY Recommendation: That Substitute Senate Bill No. 5552 be substituted therefor, and the substitute bill do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to Committee on Rules for second reading.
February 7, 2001
SJM 8001 Prime Sponsor, Senator Franklin: Exploring the option of managing prescription drug prices through cooperative strategies with other Northwest states. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Fraser and Winsley.
Passed to Committee on Rules for second reading.
February 8, 2001
SJM 8010 Prime Sponsor, Senator Haugen: Requesting a memorial for Lieutenant J.G. Scott Walter Kinkele. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Joint Memorial No. 8010 be substituted therefor, and the substitute joint memorial do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Eide, Finkbeiner, Horn, Johnson, McAuliffe, McDonald, Oke, Prentice, T. Sheldon and Shin.
Passed to Committee on Rules for second reading.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
February 8, 2001
GA 9018 KAY HARLAN, appointed August 6, 1999, for a term ending September 30, 2003, as a member of the Board of Trustees for Clover Park Technical College District No. 29.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 8, 2001
GA 9020 ARLISTA DEL HOLMAN, appointed February 3, 2000, for a term ending September 30, 2004, as a member of the Board of Trustees for Green River Community College District No. 10.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 8, 2001
GA 9021 JUDITH D. HOSEA, appointed January 19, 2000, for a term ending September 30, 2004, as a member of the Board of Trustees for Clover Park Technical College District No. 29.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 8, 2001
GA 9055 CAROL CARLSTAD, appointed October 3, 2000, for a term ending September 30, 2005, as a member of the Board of Trustees for Grays Harbor Community College District No. 2.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 8, 2001
GA 9056 YVONNE CARTWRIGHT, appointed October 1, 2000, for a term ending September 30, 2005, as a member of the Board of Trustees for Bellingham Technical College District No. 25.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
February 8, 2001
GA 9057 LAWTON CASE, appointed July 19, 2000, for a term ending September 30, 2005, as a member of the Board of Trustees for Green River Community College District No. 10.
Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette, Sheahan and B. Sheldon.
Passed to the Committee on Rules.
INTRODUCTION AND FIRST READING
SB 5941 by Senators Regala, McCaslin, Kline and Oke
AN ACT Relating to inheritance rights of parents; and amending RCW 11.04.015.
Referred to Committee on Judiciary.
SB 5942 by Senators McAuliffe, Jacobsen and Oke
AN ACT Relating to dog guides and service animals; amending RCW 70.84.070 and 9.08.070; adding a new section to chapter 70.84 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5943 by Senators McAuliffe, McDonald, Carlson, Fairley, Oke, Rasmussen and Kohl-Welles
AN ACT Relating to school attendance of school employees' children; and adding a new section to chapter 28A.225 RCW.
Referred to Committee on Education.
SB 5944 by Senators McAuliffe, Finkbeiner, Regala, Hochstatter, Costa, Fairley, Stevens, Oke and Rasmussen
AN ACT Relating to a civic education day; adding a new section to chapter 28A.230 RCW; creating a new section; and providing an effective date.
Referred to Committee on Education.
SB 5945 by Senators McAuliffe, B. Sheldon, Fairley and Costa
AN ACT Relating to the authority to issue civil penalties by health districts; adding a new section to chapter 70.46 RCW; and prescribing penalties.
Referred to Committee on Health and Long-Term Care.
SB 5946 by Senator McAuliffe
AN ACT Relating to allowing state certified appraisers to appraise school district properties; and amending RCW 28A.335.090.
Referred to Committee on Education.
SB 5947 by Senators Rasmussen, Morton, Gardner and Honeyford
AN ACT Relating to tax exemptions and credits for dairy farmers and anaerobic digesters; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 84.36 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Agriculture and International Trade.
SB 5948 by Senators Honeyford, Rasmussen, Deccio, Hewitt, Sheahan, Morton, Parlette, Swecker, Stevens and Hochstatter
AN ACT Relating to wildlife damage claims on rangeland suitable for grazing or browsing of domestic livestock; amending RCW 77.36.005, 77.36.010, 77.36.030, 77.36.040, 77.36.050, and 77.36.080; providing an effective date; and declaring an emergency.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5949 by Senators Haugen and Swecker
AN ACT Relating to erecting and maintaining motorist information sign panels; and adding a new section to chapter 47.36 RCW.
Referred to Committee on Transportation.
SB 5950 by Senators Patterson, Roach and Kline
AN ACT Relating to tax deferrals for multifamily housing within transit corridors; and adding a new chapter to Title 84 RCW.
Referred to Committee on State and Local Government.
SB 5951 by Senators Prentice, Fraser, Franklin, Costa and Kline
AN ACT Relating to payment of wages; amending RCW 49.46.100, 49.48.020, 49.48.040, 49.48.060, and 49.48.070; adding a new section to chapter 49.48 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5952 by Senators Eide, Carlson, Jacobsen, Patterson, Spanel, Shin, Costa, Fairley, Winsley, Thibaudeau, Prentice, Fraser, McAuliffe, Kohl-Welles, Brown, Rasmussen, Constantine, Gardner, Kline and Regala
AN ACT Relating to school district elections; amending RCW 28A.535.020, 28A.535.050, 84.52.056, and 39.36.020; repealing RCW 28A.530.020; and providing a contingent effective date.
Referred to Committee on Education.
SB 5953 by Senators Hargrove and Eide
AN ACT Relating to written parental permission for an intermediate driver's license holder to operate a vehicle during prohibited hours; and amending RCW 46.20.075 and 43.131.398.
Referred to Committee on Transportation.
SB 5954 by Senators Shin, Roach, Oke, Costa, Patterson, Hargrove, T. Sheldon, Hochstatter, Eide and Jacobsen
AN ACT Relating to obsolete racial terminology; amending RCW 35.22.650; adding a new section to chapter 1.20 RCW; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on State and Local Government.
SB 5955 by Senators Constantine, McCaslin, T. Sheldon, Horn, McAuliffe, Rasmussen, Johnson, Carlson, Shin, Deccio and Prentice
AN ACT Relating to theft of motor vehicle fuel; amending RCW 46.20.311, 46.20.342, and 46.63.020; adding a new section to chapter 46.61 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5956 by Senators Constantine, Kline, Kohl-Welles, Fairley and Thibaudeau
AN ACT Relating to first-time offender status under the sentencing reform act; and amending RCW 9.94A.650.
Referred to Committee on Judiciary.
SB 5957 by Senators Hewitt and McCaslin
AN ACT Relating to specialty plumbing; and amending RCW 18.106.010, 18.106.040, 18.106.050, 18.27.070, 18.106.125, and 18.106.130.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5958 by Senators Prentice and Winsley
AN ACT Relating to the Washington life and disability insurance guaranty association act; adding new sections to chapter 48.32A RCW; and repealing RCW 48.32A.010, 48.32A.020, 48.32A.030, 48.32A.040, 48.32A.050, 48.32A.060, 48.32A.070, 48.32A.080, 48.32A.090, 48.32A.100, 48.32A.110, 48.32A.120, 48.32A.900, 48.32A.910, 48.32A.920, 48.32A.930, and 48.32A.931.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5959 by Senators Benton, Swecker, McDonald, Hochstatter, Johnson, Stevens, Honeyford, Roach, Rossi, Long, West and T. Sheldon
AN ACT Relating to repealing local motor vehicle taxes; creating a new section; repealing RCW 35.58.273, 35.58.274, 35.58.275, 35.58.276, 35.58.277, and 35.58.278; and declaring an emergency.
HELD.
SB 5960 by Senators Parlette, Thibaudeau, Kohl-Welles and Honeyford
AN ACT Relating to the learned intermediary doctrine for prescription products; adding a new section to chapter 7.72 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 5961 by Senators Jacobsen and Oke (by request of Department of Fish and Wildlife)
AN ACT Relating to making technical corrections to fish and wildlife statutes; amending RCW 4.24.350, 43.70.185, 46.09.200, 46.10.200, 69.30.010, 69.30.110, 69.30.140, 70.93.050, 76.04.045, 77.08.010, 77.12.039, 77.12.043, 77.12.045, 77.12.047, 77.12.170, 77.12.177, 77.12.204, 77.12.264, 77.12.320, 77.12.325, 77.12.425, 77.12.455, 77.15.030, 77.15.080, 77.15.090, 77.15.094, 77.15.096, 77.15.110, 77.15.120, 77.15.150, 77.15.180, 77.15.210, 77.15.250, 77.15.260, 77.15.270, 77.15.290, 77.15.330, 77.15.340, 77.15.370, 77.15.380, 77.15.390, 77.15.400, 77.15.480, 77.15.510, 77.15.550, 77.15.600, 77.15.700, 77.15.730, 77.32.010, 77.32.014, 77.32.250, 77.32.470, 77.32.535, 77.44.070, 77.55.280, 77.55.290, 77.70.010, 77.70.150, 77.70.190, and 79A.60.100; reenacting and amending RCW 77.15.245; adding new sections to chapter 77.65 RCW; adding new sections to chapter 77.15 RCW; adding new sections to chapter 77.55 RCW; recodifying RCW 77.12.055, 77.65.470, 77.12.425, 77.16.220, and 77.32.220; and repealing RCW 77.12.030, 77.12.040, 77.12.105, 77.12.250, 77.12.295, 77.12.457, 77.12.724, and 77.32.420.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5962 by Senators Horn and Kohl-Welles
AN ACT Relating to the legislative systems revolving fund; and amending RCW 44.68.070.
Referred to Committee on Ways and Means.
SB 5963 by Senators Kohl-Welles, Hargrove, Long, Costa, Carlson, Franklin, Oke, Gardner, Rasmussen and Kline
AN ACT Relating to juvenile offender parenting; amending RCW 13.40.460; adding a new section to chapter 13.40 RCW; and creating a new section.
Referred to Committee on Human Services and Corrections.
SB 5964 by Senators Kohl-Welles, Hargrove, Long, Costa, Carlson, Franklin, Gardner, Rasmussen and Fraser
AN ACT Relating to the office of the family and children's ombudsman; amending RCW 43.06A.030 and 43.06A.100; and making an appropriation.
Referred to Committee on Human Services and Corrections.
SB 5965 by Senators Spanel, Gardner, Kohl-Welles, Kline and Rasmussen
AN ACT Relating to local option real estate excise taxes for affordable housing purposes; and adding a new section to chapter 82.46 RCW.
Referred to Committee on Ways and Means.
SB 5966 by Senators Jacobsen, Morton, Fraser, Eide and Regala
AN ACT Relating to transferring energy-related activities to the state energy office; amending RCW 43.21F.025, 43.21F.045, 43.21F.055, 43.21F.060, 43.21F.090, 28B.30.900, 39.35.030, 39.35.050, 39.35C.010, 39.35C.020, 39.35C.030, 39.35C.040, 39.35C.050, 39.35C.060, 39.35C.070, 39.35C.090, 39.35C.100, 39.35C.110, 39.35C.130, 19.27A.020, 42.17.2401, 43.06.115, 43.21G.010, 47.06.110, 70.94.527, 70.94.537, 70.94.541, 70.94.960, 82.35.080, 90.03.247, 80.50.030, 41.06.070, 43.19.123, and 43.330.904; reenacting and amending RCW 39.35C.080; adding new sections to chapter 43.21F RCW; adding a new section to chapter 41.06 RCW; creating new sections; recodifying RCW 43.19.123 and 43.330.904; providing an effective date; and declaring an emergency.Referred to Committee on Environment, Energy and Water.
SJM 8015 by Senators Finkbeiner, T. Sheldon, Kline, Sheahan, Morton, Rossi, Oke, Rasmussen and Fraser
Requesting California to require rate increases to guarantee payment for surplus power it receives from Washington state.
Referred to Committee on Environment, Energy and Water.
SJR 8215 by Senators Eide, Carlson, Jacobsen, Patterson, Spanel, Fairley, Costa, Rasmussen, Thibaudeau, Winsley, Prentice, Shin, McAuliffe, Constantine, Kohl-Welles, Fraser, Gardner and Kline
Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.
Referred to Committee on Education.
MOTION
Senator Betti Sheldon moved that all the bills on the Introduction and First Reading Calendar be referred to the committees as listed.
MOTION
Senator Sheahan moved to amend the motion by Senator Betti Sheldon and that Senate Bill No. 5959 be immediately advanced to second reading.
Debate ensued.
POINT OF ORDER
Senator Snyder: "I believe this is a motion to suspend the rules and in the past, it has been customary to just have one speech on each side of the motion."
REPLY BY THE PRESIDENT
President Owen: "Senator Snyder, the interesting point here is that Senator Sheahan made a motion to amend Senator Sheldon's motion, so it is a two step process. First, we have to amend the motion and then suspend the rules to advance it to second reading."
Senator Snyder: "Thank you."
Further debate ensued.
POINT OF INQUIRY
Senator West: "Senator Snyder, last year, when the court ruled that 695 was unconstitutional, this body in a bipartisan manner acted very quickly to repeal the motor vehicle excise tax and instated the thirty dollar fee that was provided for in 695. Was it your intent--the intent of the majority--last year to repeal that tax in its entirety?"
Senator Snyder: "I believe it was the intent of the Legislature to appeal the entire motor vehicle excise tax as was indicated in the Initiative. I think we need to go through an orderly process here and find out what is necessary and see if the court is going to uphold it or if they are not going to uphold it. I just think that this is a normal process and that there is no rush to do it. Nobody's taxes are being increased; nobody is going to pay more money for tabs this week or next week. I think that probably the result is going to be about the same as it was a year ago."
Senator West: "Senator Snyder, an additional question if I might. Was it anyone's understanding that the local tax would not be repealed?"
Senator Snyder: "I can't speak for everybody, but I can speak for myself. I thought it was probably going to be--all of it was going to be repealed, just as it was before."
Senator West: "Thank you, Senator Snyder."
Further 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 motion by Senator Sheahan to amend the motion by Senator Betti Sheldon and that Senate Bill No. 5959 be immediately placed on the second reading calendar.
ROLL CALL
The Secretary called the roll and the motion by Senator Sheahan carried and the amendment was adopted by the following vote: Yeas, 24; Nays, 23, Absent, 1, Excused, 1
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 24.
Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Snyder, Spanel and Thibaudeau - 23.
Absent: Senator Shin - 1.
Excused: Senator Horn - 1.
The President declared the question before the Senate to be the motion by Senator Betti Sheldon, as amended, that all bills on today’s Introduction and First Reading Calendar be referred to the committees as designated with the exception of Senate Bill No. 5959, which will be placed on today's second reading calendar.
PARLIAMENTARY INQUIRY
Senator Snyder: "A point of inquiry, Mr. President. What is the status of Senate Bill No. 5959? Will it be on the second reading calendar and does that need a two-thirds vote to get it to second reading?"
REPLY BY THE PRESIDENT
President Owen: "We just amended the motion by Senator Sheldon. Now, you have to pass the motion, which would take a two-thirds vote, because the rules have to be suspended to advance it to second reading."
Senator Snyder: "Thank you."
The President declared the question before the Senate to be the amended motion by Senator Betti Sheldon, which would be that all the bills on the today’s Introduction and First Reading Calendar be referred to the committees as designated, with the exception of Senate Bill No. 5959.
The motion was defeated by a voice vote.
PARLIAMENTARY INQUIRY
Senator Snyder: "A point of inquiry, Mr. President. What is the status of Senate Bill No. 5959?"
REPLY BY THE PRESIDENT
President Owen: "All the bills on today's Introduction and First Reading Calendar, including Senate Bill No. 5959 are in the same status as they were when we began the session which is, they have not yet been referred. They have not been referred anywhere yet."
MOTION
Senator Snyder: "I'll move that all bills on today's Introduction Sheet be referred to the committees as indicated.”
PARLIAMENTARY INQUIRY
Senator West: "Under Reed's Rules, once the body decides an issue, the issue is decided. This body has just decided that issue. Without a motion for reconsideration, we can't honor Senator Snyder's motion, I believe."
REPLY BY THE PRESIDENT
President Owen: "The President believes that the motion, as presented by Senator Snyder is in order as it had not been dealt with in that fashion in the original case. So, the motion before us is that all measures shown on today’s Introduction and First Reading Calendar be referred to the committees as designated.”
MOTION
Senator Sheahan: “Mr. President I move that Senator Snyder's motion be amended to provide that Senate Bill No. 5959 be boosted directly to the second reading calendar.”
REPLY BY THE PRESIDENT
President Owen: “The motion by Senator Sheahan to amend Senator Snyder's motion is not in order. That motion has been dealt with.”
MOTION
Senator Sheahan: “Mr. President, I move to amend Senator Snyder's motion to leave Senate Bill No. 5959 on the desk and send the other bills on today's Introduction and First Reading calendar to the committees as designated.”
The President declared the question before the Senate to be the motion by Senator Sheahan to amend the motion by Senator Snyder, which would allow all bills on the Introduction and First Reading Calendar be referred as designated with the exception of Senate Bill No. 5959, which would remain on the desk.
Debate ensued.
Senator Sheahan demanded a roll call and the demand was sustained.
PARLIAMENTARY INQUIRY
Senator Tim Sheldon: "Mr. President, could you clarify for me what this motion, if it passes, will do? My understanding is that this bill will stay on the desk."
REPLY BY THE PRESIDENT
President Owen: "That is correct."
Senator Tim Sheldon: "Thank you."
President Owen: "If the motion passes, Senate Bill No. 5959 will be held at the desk."
Senator Tim Sheldon: "And will not be referred to committee?"
President Owen: "And will not be referred to committee--excuse me, this motion, if it passes, amends the motion by Senator Snyder and then that motion will still have to be voted on. If that passes, then Senate Bill No. 5959 will stay on the desk and will not be referred to committee and will not be on the second reading calendar."
Senator Tim Sheldon: "Thank you."
The President declared the question before the Senate to be the roll call on the motion by Senator Sheahan to amend the motion by Senator Snyder that all bills on the Introduction and First Reading Calendar be referred as designated with the exception of Senate Bill No. 5959, which would remain on the desk.
ROLL CALL
The Secretary called the roll and the motion by Senator Sheahan carried and the amendment was adopted by the following vote: Yeas, 25; Nays, 22; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Johnson, Kastama, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.
Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Snyder, Spanel and Thibaudeau - 22.
Absent: Senator Shin - 1.
Excused: Senator Horn - 1.
PARLIAMENTARY INQUIRY
Senator Snyder: "A point of parliamentary inquiry. What is the motion presently before the Senate?"
REPLY THE PRESIDENT
President Owen: "The motion presently before the Senate is your motion, as amended by Senator Sheahan, which is as follows: All measures shown on today's Introduction and First Reading Calendar will be referred to the committees as designated with the exception of Senate Bill No. 5959, which will be held on the desk."
MOTION
On motion of Senator Eide, Senator Shin was excused.
The President declared the question before the Senate to be motion by Senator Snyder, as amended by Senator Sheahan, that all measures shown on today's Introduction and First Reading Calendar will be referred to the committees as designated with the exception of Senate Bill No. 5959, which will be held on the desk.
The motion carried by voice vote.
SENATE BILL NO. 5959 was held at the desk and all other measures on the Introduction and First Reading Calendar were referred to the committees as designated.
STATEMENT FOR THE JOURNAL
TO: TONY COOK, SECRETARY OF THE SENATE
CC: LIEUTENANT GOVERNOR BRAD OWEN
FROM: SENATOR JIM WEST
DATE: FEBRUARY 12, 2001
RE: PROTESTS OF TWO ACTIONS
Pursuant to Senate Rule 48, I protest two separate rulings by the President on Friday, February 9, 2001.
Protest of First Ruling. The President first ruled that a point of order by me was not well taken. My point was that Senator Snyder’s motion to refer bills listed on First Reading to committees was out of order. Senator Snyder’s motion was identical to a previous motion made by Senator Betti Sheldon. The body passed an amendment by Senator Sheahan to Senator Sheldon’s motion to the effect that one bill, SB 5959, should be advanced directly to the Second Reading Calendar, rather than be referred to the Transportation Committee as moved by Senator Sheldon. The motion, as amended, required a suspension of the Senate Rules and a two-thirds vote, and was defeated. Senator Snyder then made the motion in question, which had the effect of subverting the will of the body by striking language already approved by the body when it adopted Senator Sheahan’s amendment. Reed’s Rule 209 provides that “decisions of the assembly must remain undisturbed,” and I therefore respectfully submit that Senator Snyder’s motion was not in order. I submit that under Reed’s Rule 209, the appropriate course of procedure would have been for Senator Snyder to move to reconsider; first Senator Sheldon’s failed motion, and then either move to reconsider Senator Sheahan’s amendment or to divide it from the remainder of the motion (which a member can demand as a matter of Right under Senate Rule 31).
Protest of Second Ruling. Because Senator Snyder’s motion was ruled in order, Senator Sheahan had no option but to move to amend it to advance SB 5959 to Second Reading; that is, to reinsert language already agreed by the body. The President ruled on Senator Snyder’s point that Senator Sheahan’s motion to amend was not in order, ironically, because the amendment had already been voted on by the body. I respectfully submit that Senator Sheahan’s motion to amend Senator Snyder’s motion was very much in order. Had it and no other amendments passed, then Senator Snyder’s main motion as amended may have been out of order, see Sturgis, 3d Ed. at page 28 (“when a main motion has been voted on and lost, the same........motion cannot be proposed again at the same meeting.....”), at which point Senator Snyder would have maintained other options including moving to divide Senator Sheahan’s amendment from the remainder of the main motion. In short, I know of no parliamentary authority that provides that a subsequent amendment to a subsequent main motion cannot be proposed, whether or not it is identical to a previous amendment to a previous main motion.
I hope the President will not consider himself bound by these rulings in the future.
.
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege, Mr. President. Ladies and gentlemen of the Senate, when I arrived at my desk this morning, upon examination, I found a brown paper bag. Normally, things that come in brown wrappers shouldn’t be on the floor--I got out of that one, didn’t I? Upon inspection, I found some honey, some candy and a badge. Now, in talking to the majority leader--I won’t hurt you Sid--in talking to the majority leader and the floor leader, they didn’t know where it came from. Now, one of the rules, in Reed’s Rules and the Joint Rules of the House and Senate, upon your maiden speech, someone must notify you that it is a maiden speech, then a gift is expected. Now, no one has made any speech about the speech that this young lady made. I believe her name is Senator Regala. Now, because of that and no one informed you of a gift, this gift does not count. Could I have a voice vote on this please? Do you have any comments? Would you yield to a question? What is the next gift?”
Senator Regala: “Well, Senator McCaslin--thank you, Mr. President--I was not aware that you needed to recognize me first. I was well aware that I needed to give a gift for my maiden speech, which I gave on Wednesday. I will note that nobody noted that and I have to say that I wondered if the kind gentlemen might owe me a tribute for either taking me for granted or ignoring me. I’ll just assume that you didn’t notice me back here in the back row. So, I didn’t want the weekend to come and go without me having provided my tribute to my fellow Senators. So, that is what you find on your desk this morning.”
Further debate ensued.
PERSONAL PRIVILEGE
Senator Regala: “Mr. President, a point of personal privilege. May I take a few brief moments to explain the gifts that you found on your desks this morning? It was my understanding, fellow Senators, that my gift should reflect my district somehow. I believe that the Twenty-seventh District is the most diverse district in the state of Washington, so I tried to do something that was a little unique. The Twenty-seventh District goes from the fertile farm fields of Fife to the verdant vistas of Tacoma’s north end neighborhood. There are many, many special people and unique places in that district.
“The first item you find is very unique. I know it looks like something that you would find on a grocery store shelf, but instead this is a special product that comes from the East Side 4-H Youth Group. Now, the East Side 4-H Youth Group is in the Salashan Housing development. Most of these urban teens are from families that are refugees from Southeast Asia. Through the Tahoma Food System Project, they are working on learning business practices; they sell this honey at our local markets and they are learning about marketing sales and business management. They also sell infused honeys, using herbs from the community gardens in that area, so I hope you will enjoy that.
“The second item also represents some young entrepreneurs. In 1914, Brown and Haley established the Brown and Haley Candy Company in Tacoma. So, you have some Almond Roca. They ship approximately eight hundred thousand pieces of this candy--through the Port of Tacoma in the Twenty-seventh District--around the world every year. It is very well known and you may be aware that some people are suggesting that it should be the state candy. You will note that it is wrapped with a purple ribbon that denotes the University of Washington, Tacoma. We are very proud of having that in our district. It is a neighbor to the State Historical Society in our Museum District, which also includes the New Tacoma Art Museum and the International Museum of Glass.
“The third item comes from the Point Defiance Zoo and Aquarium. Now, we don’t have Honey Bears or Huskies in our zoo, but we do have an elephant, we do have clouded leopards, snow leopards, sharks, lorikeets and poison arrow frogs. I could go on and on and talk about the wonders of the Twenty-seventh District, but I will stop there. I will let you know that I am very proud of my district and I invite everyone of you to call me and I will give you a personal tour. Thank you, Mr. President.”
MOTION
On motion of Senator Winsley, the following resolution was adopted:
SENATE RESOLUTION 2001-8611
By Senators Winsley, Constantine, Spanel, Haugen, McAuliffe, Kohl-Welles, Fraser, Costa, Sheldon, B. and Rasmussen
WHEREAS, the arts work for Washington as they contribute to the state’s economy, help students achieve and are fundamental to the quality of life Washington residents treasure;
WHEREAS, the arts industry throughout Washington State generates $559 million in business activity, $27 million in sales and business and occupation taxes, and $220 million in patron spending each year;
WHEREAS, arts education has a significant, measurable and positive impact on student test scores, attendance, self-confidence and workforce skills;
WHEREAS, the arts attract tourists and enhance neighborhoods, entertain us, inspire us, expand our imaginations and contribute to our quality of life;
WHEREAS, more than one-thousand citizens have invested in a strategic plan that lays out the steps to ensure that our cultural heritage remains strong; and
WHEREAS, forty years ago, Governor Albert Rosellini and the 1961 Legislature established the Washington State Arts Commission, recognizing the arts as essential to the social, educational and economic growth of the state of Washington;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the arts and artists in Washington State, and affirm that the arts continue to work for Washington.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Chris Tucker, Executive Director of the Washington Arts Commission, who was seated in the gallery.
MOTION
On motion of Senator Thibaudeau, the following resolution was adopted:
SENATE RESOLUTION 2001-8614
By Senators Thibaudeau, Deccio, Spanel, Johnson, Winsley, Costa, Eide, Fairley, Sheldon, B., Sheldon, T., Prentice, Shin, Jacobsen, Gardner, Patterson, Fraser, Regala, Franklin, Brown, Hargrove, Kohl-Welles, Roach, Haugen, Rasmussen and McAuliffe
WHEREAS, There are twenty-two nonprofit community and migrant health centers in Washington with clinics located in seventy-seven communities serving over 254,606 people; over 302,029 medical and 331,593 dental visits are provided to uninsured individuals. The health centers operate more than seventy-seven medical centers and more than forty-eight dental clinics across the state, from the northeast corner to Pacific coast towns; and
WHEREAS, All of the health centers provide access to quality services while removing economic, cultural, geographic, and other barriers to adequate health care; and
WHEREAS, All community and migrant health centers serve uninsured clients on a sliding fee scale that reflects a person's ability to pay for services; and
WHEREAS, Health centers are governed by community-based boards of directors that represent the patients they serve; and
WHEREAS, Health centers in Washington help control costs for health services by reducing inappropriate use of emergency room services and help lower hospital admissions while providing higher childhood immunizations and health education; and
WHEREAS, The services of all Washington community health centers contribute to the safety net and the community, which helps many families;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington commend and honor the commitment and contributions of health centers to the economic and physical health of the community; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the community and migrant health centers of Washington State.
MOTION
On motion of Senator West, the following resolution was adopted:
SENATE RESOLUTION 2001-8612
By Senators West, Roach, Johnson, McDonald, Sheahan, Rasmussen, and Fraser
WHEREAS, the Boy Scouts of America was established on February 8, 1910, by founders Robert Baden Powell, Ernest Thompson Seton, Daniel Carter Beard, and William D. Boyce; and
WHEREAS, the Mission of the Boy Scouts of America is to prepare young people to make ethical choices over their lifetimes by instilling in them the values of the Scout Oath and Laws; and
WHEREAS, from its beginning, the concept of Scouting has grown and spread throughout the world to become the largest voluntary youth movement in the world; and
WHEREAS, for more than ninety years, the Boy Scouts of America has complimented youth education with a program that teaches our youth the skills and values that will help them throughout their lifetimes; and
WHEREAS, the Scout Law teaches Scouts to be “trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent;” and
WHEREAS, the Boy Scouts of America reached a historic membership milestone with the addition of its 100 millionth member in April of last year; and
WHEREAS, In Washington State, there are over one hundred thousand youths involved in the Boy Scouts of America and nationally there are over four million members ranging from Tiger Cubs through Eagle Scouts; and
WHEREAS, youths from every ethnic, religious, and economic background in suburbs, farms, and cities know and respect each other as they participate in the Boy Scout program; and
WHEREAS, with the support of over 1.2 million adult volunteers nationwide, the Boy Scouts of America passes on to today’s youth the same principles, aims, and ideals that have been part of Scouting since 1910; and
WHEREAS, at the dawn of the new millennium, the Boy Scouts of America look forward to continue building upon nine decades of instilling in youth the strong values and morals that will make a difference in the lives of millions in the new century;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate applaud the effort and work of the six Washington State Councils of the Boy Scouts of America, and also applaud the positive programs that the Boy Scouts of America provide for our youth; and
BE IT FURTHER RESOLVED, That the Washington State Senate encourage all agencies of state government to recognize the service and benefits that are provided by the Boy Scouts of America and work with Scouting and other youth organizations for the purpose of improving our communities; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Governor Gary Locke; the Governor’s cabinet officers; all state-wide elected officials; the National Boy Scouts of America office; the Western Region office of the Boy Scouts of America; and to the Boy Scout Councils serving Washington State.
Senators West, Sheahan, Franklin, Roach and Kline spoke to Senate Resolution 2001-8612.
Senator Thibaudeau spoke against Senate Resolution 2001-8612, because of the Boy Scouts’ stand on Gay members.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Boys Scouts from Troop 462 from Fort Lewis, presenters of the Colors for the opening of session this morning, who were seated in the gallery.
MOTION
At 11:09 a.m. on motion of Senator Gardner, the Senate adjourned until 12:00 noon, Monday, February 12, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate