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THIRTY-EIGHTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 14, 2001

      The Senate was called to order at 10:00 a.m. by President Pro Tempore Franklin. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senator Zarelli. On motion of Senator Honeyford, Senator Zarelli was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Kory Hedrick and Sharae Wheeler, presented the Colors. Reverend Kaaren Nesmith, pastor of the Lacey Presbyterian Church, 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.


MOTION


      At 10:04 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 10:45 a.m.


      The Senate was called to order at 10:51 a.m. by President Pro Tempore Franklin.


MOTION


      On motion of Senator McAuliffe, the following resolution was adopted:


SENATE RESOLUTION 2001-8615


By Senators McAuliffe, Costa and Long


      WHEREAS, It is the policy of the Washington State Legislature to recognize programs that allow our state’s students to pursue their aspirations; and

      WHEREAS, Automotive Youth Educational Systems provide Washington’s students with a school-to-careers connection and is the backbone of a strong, well-educated work force that fosters productivity in business and industry and contributes to Washington’s leadership in the marketplace; and

      WHEREAS, Profound economic and technological changes in our society are rapidly reflected in the structure and nature of work, thereby placing new and additional responsibilities on our educational systems; and

      WHEREAS, Automotive Youth Educational Systems give high school students experience in practical, meaningful applications of basic skills such as reading, writing and mathematics – thus improving the quality of their education, motivating potential dropouts and giving all students leadership opportunities in their fields and in their communities; and

      WHEREAS, A model of articulation is provided between the secondary system and post-secondary system, such as Automotive Youth Educational Systems, that allows high school students to progress based on what they know and are able to do;

      NOW THEREFORE, BE IT RESOLVED, That the members of the Senate do hereby recognize on this day, the efforts of the Puget Sound Automobile Dealers Association, the Washington State Dealers Association, the Automobile Service Association, and Snap On Tools and the value of Automotive Youth Educational Systems; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Automotive Youth Educational Systems.


      Senators McAuliffe and Eide spoke to Senate Resolution 2001-8615.


INTRODUCTION OF SPECIAL GUESTS


      The President Pro Tempore welcomed and introduced the students involved with the Automotive Youth Educational Systems and their sponsors, who were seated in the gallery.


MOTION


      On motion of Senator Swecker the following resolution was adopted:


SENATE RESOLUTION 2001-8613


By Senators Zarelli and Swecker


      WHEREAS, The Rotary Club of Chehalis #814 received its charter from Rotary International on February 1, 1921, and thus is celebrating its Eightieth Anniversary; and

      WHEREAS, the Club counts among its members community leaders in business, the professions and trades; and

      WHEREAS, the Club has enriched its community and our world by observing the Rotary Motto, “Service Above Self,” and donates thousands of dollars to the local community, sponsors projects and provides “hands-on” service to the youth, the aged, the ill, the poor, the illiterate, the physically challenged, and the environment; and

      WHEREAS, the Club is contributing to and supporting the Rotary International’s Polio Plus Program to eradicate polio in developing countries and regions worldwide as well as contributing to the Rotary International Foundation to alleviate human suffering throughout the world; and

      WHEREAS, the Club provide leadership in forming the Lewis County Rotary Foundation in 1998 which has since raised and contributed $159,000 to community projects for kids and families; and

      WHEREAS, the Rotary Club of Chehalis #814 will officially observe its anniversary with a Gala Celebration on Thursday, February 15, 2001, at the Centralia-Chehalis Elks Lodge #2435 to be attended by the club’s members, guests, and dignitaries;

      NOW, THEREFORE, BE IT RESOLVED, that the members of the Washington State Senate do hereby honor the Rotary Club of Chehalis #814 on its eightieth birthday, and encourage all citizens to join in this special observance.

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the Rotary Club of Chehalis #814 and Rotary International.


INTRODUCTION OF SPECIAL GUESTS


      The President Pro Tempore welcomed and introduced Chehalis Rotary Club President Dave Campbell, Past President John Mosier and member Tawny Allen-Gunn, who were seated in the gallery.


      There being no objection, the President Pro Tempore reverted the Senate to the first order of business.


REPORTS OF STANDING COMMITTEES

February 13, 2001

SB 5392             Prime Sponsor, Senator Long: Changing provisions relating to emancipation of minors. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 13, 2001

SB 5395             Prime Sponsor, Senator Long: Changing provisions relating to the administrator for the courts. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach and Thibaudeau.


      Referred to Committee on Ways and Means.


February 13, 2001

SB 5451             Prime Sponsor, Senator Costa: Establishing a cause of action for crimes of violence motivated by gender. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Kastama, Long, McCaslin and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 13, 2001

SB 5459             Prime Sponsor, Senator Roach: Establishing the crime of mail theft or receipt of stolen mail. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Long, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 13, 2001

SB 5472             Prime Sponsor, Senator Johnson: Changing provisions relating to termination of municipal courts and service contracts. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 5472 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 12, 2001

SB 5515             Prime Sponsor, Senator Roach: Establishing a state veterans' song. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Hale, Kline, McCaslin, Roach, T. Sheldon and Swecker.

 

MINORITY Recommendation: Do not pass. Signed by Senators Haugen and Horn.


      Passed to Committee on Rules for second reading.


February 13, 2001

SB 5570             Prime Sponsor, Senator Prentice: Protecting credit union directors and committee members. Reported by Committee on Labor, Commerce and Financial Institutions


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Gardner, Vice Chair; Benton, Franklin, Hochstatter, Honeyford, Patterson, Rasmussen, West and Winsley.


      Passed to Committee on Rules for second reading.


February 13, 2001

SB 5591             Prime Sponsor, Senator Zarelli: Providing a sole caregiver jury duty exemption. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin, Roach and Thibaudeau.


      Passed to Committee on Rules for second reading.


February 12, 2001

SB 5608             Prime Sponsor, Senator Patterson: Authorizing the state treasurer to distribute interest from the local leasehold excise tax account. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Gardner, Hale, Haugen, Horn, Kline, McCaslin, Roach, T. Sheldon and Swecker.


      Passed to Committee on Rules for second reading.


February 12, 2001

SB 5609             Prime Sponsor, Senator Patterson: Reconciling conflicting provisions in laws pertaining to cities and towns. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Gardner, Hale, Haugen, Horn, Kline, McCaslin, Roach, T. Sheldon and Swecker.


      Passed to Committee on Rules for second reading.


February 12, 2001

SB 5615             Prime Sponsor, Senator Costa: Authorizing address confidentiality for victims of stalking. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Gardner, Hale, Haugen, Horn, Kline, McCaslin, Roach, T. Sheldon and Swecker.


      Passed to Committee on Rules for second reading.


February 12, 2001

SB 5629             Prime Sponsor, Senator Patterson: Changing the office of financial management's budgeting, accounting, and reporting requirements for state agencies. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Gardner, Hale, Haugen, Horn, Kline, McCaslin, Roach, T. Sheldon and Swecker.


      Passed to Committee on Rules for second reading.


February 13, 2001

SB 5653             Prime Sponsor, Senator Prentice: Prioritizing and ordering the distribution of claims of an insurer's estate. Reported by Committee on Labor, Commerce and Financial Institutions


      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Gardner, Vice Chair; Fairley, Franklin, Hochstatter, Honeyford, Patterson, Rasmussen, Regala, West and Winsley.


      Passed to Committee on Rules for second reading.


February 12, 2001

SB 5683             Prime Sponsor, Senator Horn: Adding an ex officio member to the building code council. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Gardner, Hale, Haugen, Horn, Kline, McCaslin, Roach, T. Sheldon and Swecker.


      Passed to Committee on Rules for second reading.


February 12, 2001

SB 5695             Prime Sponsor, Senator Eide: Creating alternative routes to teacher certification. Reported by Committee on Education


      MAJORITY Recommendation: That Substitute Senate Bill No. 5695 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Carlson, Finkbeiner, Hewitt, Hochstatter, Johnson, Kohl-Welles, Prentice, Rasmussen and Zarelli.


      Referred to Committee on Ways and Means.


February 12, 2001

SJM 8011           Prime Sponsor, Senator Prentice: Asking that the federal government provide veterans' benefits owed to Filipino veterans. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Fairley, Vice Chair; Gardner, Hale, Haugen, Horn, Kline, McCaslin, Roach, T. Sheldon and Swecker.


      Passed to Committee on Rules for second reading.


February 13, 2001

SCR 8403          Prime Sponsor, Senator T. Sheldon: Promoting state and tribal relations. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Concurrent Resolution No. 8403 be substituted therefor, and the concurrent resolution do pass. Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Johnson, Kastama, Long, McCaslin and Roach.


      Passed to Committee on Rules for second reading.


MOTION


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


INTRODUCTION AND FIRST READING

 

SB 6014             by Senators Rasmussen, Horn, Carlson and Honeyford

 

AN ACT Relating to authorizing certain residential property management entities to perform work on the owner's residential property; and amending RCW 19.28.261 and 18.27.090.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6015             by Senators Fairley and Zarelli (by request of Governor Locke, Department of Community, Trade, and Economic Development and Public Works Board)

 

AN ACT Relating to public works board projects; amending RCW 43.155.010, 43.155.020, 43.155.065, 43.155.068, and 43.155.070; and reenacting and amending RCW 43.155.050.

Referred to Committee on Ways and Means.

 

SB 6016             by Senator Sheahan

 

AN ACT Relating to conservation district liability; and amending RCW 70.94.654.

Referred to Committee on Agriculture and International Trade.

 

SB 6017             by Senators McDonald, T. Sheldon, Rossi, Oke and Johnson

 

AN ACT Relating to creating the education and transportation funding act of 2001; adding a new section to chapter 41.06 RCW; adding a new section to chapter 43.88 RCW; creating a new section; repealing RCW 41.06.380 and 41.06.382; and providing for submission of this act to a vote of the people.

Referred to Committee on Ways and Means.

 

SB 6018             by Senators McDonald and Morton

 

AN ACT Relating to incentives for water-efficient irrigation systems; amending RCW 90.42.020 and 90.03.380; and adding new sections to chapter 90.42 RCW.

Referred to Committee on Environment, Energy and Water.

 

SB 6019             by Senators McDonald, Jacobsen, Prentice, Morton, Hale and Swecker

 

AN ACT Relating to applications for diversion of water for municipal purposes; and amending RCW 90.03.290.

Referred to Committee on Environment, Energy and Water.

 

SB 6020             by Senators Thibaudeau, Deccio and Costa

 

AN ACT Relating to access to dental care; and creating a new section.

Referred to Committee on Health and Long-Term Care.

 

SB 6021             by Senator Prentice

 

AN ACT Relating to shared lottery games; and adding a new section to chapter 67.70 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6022             by Senators West, Prentice, Patterson, Roach, Rasmussen and Snyder

 

AN ACT Relating to changing from five years to fifteen years the time that certain amounts are awarded to owners and breeders; and amending RCW 67.16.102 and 67.16.175.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6023             by Senators Horn, T. Sheldon and McCaslin

 

AN ACT Relating to growth management hearings boards; amending RCW 36.70A.270, 36.70A.280, 36.70A.290, 36.70A.295, 36.70A.300, 36.70A.310, 36.70A.320, and 36.70A.340; adding a new section to chapter 36.70A RCW; recodifying RCW 36.70A.340; and repealing RCW 36.70A.302 and 36.70A.330.

Referred to Committee on State and Local Government.

 

SB 6024             by Senators Deccio and Costa

 

AN ACT Relating to unallowable nursing home costs; and amending RCW 74.46.410.

Referred to Committee on Health and Long-Term Care.

 

SB 6025             by Senators Eide, Patterson, Franklin, Fairley, Kline, Regala, Fraser, Thibaudeau, Spanel and Honeyford

 

AN ACT Relating to the use of gasoline additives; and adding a new section to chapter 19.112 RCW.

Referred to Committee on Environment, Energy and Water.

 

SB 6026             by Senators Patterson, Roach, Winsley and Costa

 

AN ACT Relating to affordable housing opportunities; amending RCW 36.70A.215; creating a new section; and providing an effective date.

Referred to Committee on State and Local Government.

 

SB 6027             by Senators Fraser, Winsley and Finkbeiner (by request of Governor Locke)

 

AN ACT Relating to diversification of state electricity supply and demand management; amending RCW 80.60.005 and 80.60.010; adding new sections to chapter 80.60 RCW; adding a new section to chapter 43.21F RCW; adding a new section to chapter 80.28 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.16 RCW; creating new sections; and providing expiration dates.

Referred to Committee on Environment, Energy and Water.

 

SB 6028             by Senators Kohl-Welles, Shin, Sheahan, Jacobsen, Spanel, Costa, Kline and McAuliffe

 

AN ACT Relating to directing the state board for community and technical colleges to develop principles and guidelines for part-time faculty hiring and employment; adding a new section to chapter 28B.50 RCW; and creating new sections.

Referred to Committee on Higher Education.

 

SB 6029             by Senators Rasmussen, Jacobsen, Spanel and Regala

 

AN ACT Relating to the protection of elk; and adding a new section to chapter 77.36 RCW.

Referred to Committee on Natural Resources, Parks and Shorelines.

 

SB 6030             by Senators Regala, Jacobsen, Spanel, Kohl-Welles and Fairley

 

AN ACT Relating to maximizing the use of state-owned natural resources facilities; and creating new sections.

Referred to Committee on Natural Resources, Parks and Shorelines.

 

SB 6031             by Senators Jacobsen, Spanel, Regala, Kohl-Welles and Fairley

 

AN ACT Relating to a conservation pass; and creation new sections.

Referred to Committee on Natural Resources, Parks and Shorelines.

 

SB 6032             by Senators Haugen and Morton

 

AN ACT Relating to an evaluation of the need for a separate department of aviation; and creating a new section.

Referred to Committee on Transportation.

 

SB 6033             by Senators Kohl-Welles and Costa (by request of Committee on Advanced College Tuition Payment and State Treasurer Murphy)

 

AN ACT Relating to college payment programs; amending RCW 28B.95.020, 28B.95.110, and 43.79A.040; adding a new section to chapter 28B.95 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Higher Education.

 

SB 6034             by Senators Fraser and Finkbeiner

 

AN ACT Relating to a state wireless enhanced 911 excise tax; amending RCW 38.52.010, 38.52.530, 38.52.540, 38.52.550, 82.14B.020, 82.14B.030, 82.14B.040, 82.14B.042, 82.14B.061, and 82.14B.200; adding new sections to chapter 38.52 RCW; creating a new section; repealing RCW 38.52.560; and providing an effective date.

Referred to Committee on Ways and Means.

 

SB 6035             by Senators Kohl-Welles, Jacobsen, Costa and Kline

 

AN ACT Relating to directing the state board for community and technical colleges to create a college board job bank; and adding a new section to chapter 28B.50 RCW.

Referred to Committee on Higher Education.

 

SB 6036             by Senators Eide, Benton, Winsley, Oke, Long, Stevens, Johnson, Finkbeiner, Hale, Hochstatter, Carlson, Swecker, Rossi, Roach, T. Sheldon, Patterson and Kastama

 

AN ACT Relating to local motor vehicle excise taxes; creating a new section; repealing RCW 35.58.273, 35.58.274, 35.58.275, 35.58.276, 35.58.277, 35.58.278, 35.58.279, 35.58.2791, and 35.58.2792; providing a retroactive effective date; and declaring an emergency.

Referred to Committee on Transportation.

 

SB 6037             by Senators Prentice, Kohl-Welles and Parlette

 

AN ACT Relating to authorizing animal care and control agencies and nonprofit humane societies to provide limited veterinarian services; and adding a new section to chapter 18.92 RCW.

Referred to Committee on Agriculture and International Trade


MOTIONS


      On motion of Senator Betti Sheldon, Senate Bill No. 6017 was referred to the Committee on Ways and Means.

      On motion of Senator Betti Sheldon, Senate Bill No. 6025 was referred to the Committee on Environment, Energy and Water.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 6037 was referred to the Committee on Agriculture and International Trade.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 5959, which was held on the desk February 9, 2001, was referred to the Committee on Transportation.

.

POINT OF INQUIRY


      Senator Sheahan: “Senator Snyder, last week we were debating Senate Bill No. 5959 and you indicated that you understood that this body had intended to repeal the motor vehicle excise tax and that you intended for us to work on this matter through the normal committee process. Can you give this body an assurance that this bill will move expeditiously through the committee process and ultimately be brought to the floor?”

      Senator Snyder: “The bill has been referred to the Transportation Committee and it will take a few days to schedule a hearing, but I think this is the proper way to go. We shouldn’t be debating these bills on the floor. We should be sending them to committee. We should give the public an opportunity to participate in the process and I think it is the intention of most all the members on my side of the aisle to do what was the intent originally when the legislation was passed here. We made a glitch in it and we want to make sure there are no glitches in it this time. I am sure that we will move the bill expeditiously.”


MOTION


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


SECOND READING


      SENATE BILL NO. 5130, by Senators Oke, B. Sheldon, T. Sheldon, Horn, Haugen, Swecker, McCaslin, Morton, Snyder, Hale, Kastama, Prentice, Regala, Jacobsen, Hargrove, Spanel, West, Finkbeiner, Long, McDonald, Winsley, McAuliffe and Costa.


      Clarifying toll procedures in public-private initiatives.


      The bill was read the second time.


MOTION


      Senator Rasmussen moved that the following amendment be adopted:

       On page 7, after line 10, insert the following:

       "Sec. 6. RCW 47.46.050 and 1995 2nd sp.s. c 19 s 4 are each amended to read as follows:

       (1) The department may enter into agreements using federal, state, and local financing in connection with the projects, including without limitation, grants, loans, and other measures authorized by section 1012 of ISTEA, and to do such things as necessary and desirable to maximize the funding and financing, including the formation of a revolving loan fund to implement this section.

       (2) Agreements entered into under this section shall authorize the private entity to lease the facilities within a designated area or areas from the state and to impose user fees or tolls within the designated area to allow a reasonable rate of return on investment, as established through a negotiated agreement between the state and the private entity. The negotiated agreement shall determine a maximum rate of return on investment, based on project characteristics. If the negotiated rate of return on investment is not affected, the private entity may establish and modify toll rates and user fees. A requested modification in the toll rate or user fees authorized under this chapter that would result in a rate or fees greater than that rate or fee established and approved by the voters in the advisory vote will automatically place the individual public-private initiatives project, from the request date forward, under the control and governance of the Washington utilities and transportation commission as if the private entity were a "service company" and requires that entity to comply with all laws, rules, and regulations implemented or imposed by the utilities and transportation commission.

       (3) Agreements may establish "incentive" rates of return beyond the negotiated maximum rate of return on investment. The incentive rates of return shall be designed to provide financial benefits to the affected public jurisdictions and the private entity, given the attainment of various safety, performance, or transportation demand management goals. The incentive rates of return shall be negotiated in the agreement.

       (4) Agreements shall require that over the term of the ownership or lease the user fees or toll revenues be applied only to payment of the private entity's capital outlay costs for the project, including project development costs, interest expense, the costs associated with design, construction, operations, toll collection, maintenance and administration of the project, reimbursement to the state for all costs associated with an election as required under RCW 47.46.030, the costs of project review and oversight, technical and law enforcement services, establishment of a fund to assure the adequacy of maintenance expenditures, and a reasonable return on investment to the private entity. A negotiated agreement shall not extend the term of the ownership or lease beyond the period of time required for payment of the private entity's capital outlay costs for the project under this subsection."



       Renumber the sections following consecutively and correct any internal references accordingly.


POINT OF INQUIRY


      Senator Rasmussen: “Senator Haugen, the reason the amendment is brought before us is because of the oversight authority on the toll of the bridge. The amendment states that the oversight authority would be with the Utilities and Transportation Commission. I would like to ask you if this is the appropriate agency for giving the public some assurance that these tolls will remain in a fixed booth?”

       Senator Haugen: “Thank you very much for that question. In 1995, there was a great deal of concern about who would have the authority to set these tolls, so at that time we put in a nonprofit group, who then set the tolls, but actually acts like a toll authority. Over the years, we have built lots of bridges using tolls and we have generally used a toll authority. Never, have we ever used the Utilities and Transportation Commission as an agency to deal with tolls. This is an inappropriate agency. We do believe the safe guards are in there for the public nonprofit organization that is the oversight and, in essence, is the tolling authority.”

      Senator Rasmussen: “Thank you. My concern was the oversight authority on the toll and with that and with the answer from the kind gentle Senator from the Tenth District, I will withdraw the amendment.”


WITHDRAWAL OF AMENDMENT


      There being no objection, Senator Rasmussen withdrew the amendment on page 7, after line 10, to Senate Bill No. 5130.


MOTION


      On motion of Senator Oke, the rules were suspended, Senate Bill No. 5130 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Long: “Senator Oke, will this bill affect any other transportation facility or impact any other road or bridge?”

      Senator Oke: “Thank you for that question, Senator Long. I made a pledge at the beginning of this process that I would not try to get this bridge built at the expense of other projects or anyone else’s district, and I kept that pledge. We have worked very hard to ensure that this bill is drafted simply to respond to the Supreme Court’s November decision on the bridge and nothing further. The language in this bill is limited to the Tacoma Narrows Bridge, which is the only public-private partnership project currently authorized and underway. Because of this limiting language, this bill will have no impact on any other project, road or bridge. This bill does not open the door to tolling for any other facility in the state. It is absolutely not a method to allow the DOT to collect any other tolls now or in the future. It simply responds to the Supreme Court’s ruling and allows this project to go forward as originally envisioned and authorized by this body approximately eight years ago.”

      Senator Long: “Thank you, Senator Oke, and those who have had the proposal of the toll road in their district should be reassured by having this language on the record to clearly establish legislative intent.”

      Further debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5130.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5130 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

     Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West and Winsley - 38.

     Voting nay: Senators Benton, Constantine, Fairley, Fraser, Hochstatter, Patterson, Rasmussen, Roach, Stevens and Thibaudeau - 10.

     Excused: Senator Zarelli - 1.

       SENATE BILL NO. 5130, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


PERSONAL PRIVILEGE


      Senator Betti Sheldon: “A point of personal privilege, Madam President. I would just like to acknowledge the work of Senator Bob Oke. I think he has gone above and beyond and I know it has been very difficult--and very personally difficult--for him. Congratulations, Senator Oke.”


PERSONAL PRIVILEGE


      Senator Oke: “A point of personal privilege, Madam President. I want to thank each and everyone of you for this vote. Again, it wasn’t easy; it was very difficult for all of us. I am convinced that we are moving ahead. I am convinced we have done the right thing and I think doing the right thing will show up years later. Again, God Bless each one of you for being with me. Happy Valentine’s Day and I am going to end a lot of your e-mails today. Thank you.”





PERSONAL PRIVILEGE


      Senator Constantine: “Madam President, I rise to a point of personal privilege. Well, I have taken a fair piece of ribbing here for being among the last to bring my gifts honoring my fellow Senators--for allowing me the privilege of speaking on this floor. But, at last, it has arrived. I trust it is something that, after a contentious vote, will sweeten the dispositions of my fellow Senators. I am from the Thirty-fourth Legislative District, which includes West Seattle, Vashon and Maury Islands and Burien. The gift on your desk has come in a plastic ice cream bucket and that is representing West Seattle. It is from the Husky Delicatessen. As you might recall, the other day during the hazing period of the floor speeches, Senator Kline suggested that I go to Husky Deli and pick up some treats. Now, he wanted me to bring sausage, but I thought that was a little uninteresting.

      “So, today, inside your ice cream bucket, you will find a few treats. I should say, first of all, the Husky Deli, is really a cornerstone of our West Seattle community. It was founded in 1932 and is now in its third generation of family ownership. It is the place where new Representative Joe McDermott got his start in the working world, along with probably hundreds of other West Seattle kids. I’ll come back to the Husky Deli issue in a second. I do want to point out that the Husky theme and the purple grass in here, while highlighting my partisanship to the University of Washington, by no means is intended as a slight against those partisans of lesser institutions in this state. But I digress--I move on to Vashon and Maury Island, home of retired Governors and some of the most activist constituents you will every meet. Whether it is rising ferry fares or disappearing gravel, they are always at our door and, in fact, you will see many of them here next Wednesday, I believe, protesting about the ferry fares.

      “But, they are very industrious on Vashon Island. In addition to producing K-2 Skies and many other fine products, they have a good agricultural industry. One of the oldest agricultural concerns on the Island is Wax Orchards, which was founded in 1920 and began selling retail produce in the 1930s. They have a line of dessert toppings which they have been kind enough to provide. This one happens to be both fat and sugar free. However, I should caution you that it is not calorie free. There are twenty-two servings in this container at forty-five calories apiece, so don’t just pop the top off and dig in. You will also find some candy in honor of Valentine’s Day. The female members of the body got little candy hearts, but I thought some of you guys might be a little squeamish about that, so I got you Reece’s Peanut Butter Cups instead.

      “Representing Burien, home of a very noisy airport and an expensive proposed third runway, I procured for you some earplugs in case you would like to come visit that part of the district. They also could be used well in Senator Patterson’s district up around the airport.

      “Now, back to Husky Deli, Madam President, if I may in conclusion, as Senator Clinton would have said. I thought some of you might be disappointed to open the ice container and find it empty of ice cream. So, I have had my trusty session aide and West Seattle resident, Bruce Eklund, stop this morning at the Husky Deli and bring down a pint of premium ice cream for each one of you, along with a couple of extra half gallons for the Senate dining room. Those will be available to you today if you like, but I would suggest you wait until Friday to pick them up, because the freezer in our Senate dining room is broken. The House of Representatives has been kind enough to accommodate us. As soon as the freezer here is back in service, we will haul them over and you can just ask downstairs for your pint of ice cream. They are in various flavors, probably something to suit each one of you, but it is first come, first serve. So, if you don’t like vanilla, you better be first in line and not last.

      “Thank you for your consideration and for allowing me to remain here even after that horrid speech I gave the other day. I trust I have more views to come. Thank you, Madam President.”


POINT OF INQUIRY


      Senator Hargrove: “Senator Constantine, can you guarantee the House members won’t eat our ice cream before Friday?”

      Senator Constantine: “Thank you for that question, Senator Hargrove. I trust that the House members will be concerned about the fate of their bills as they work their way through the legislative process--and even the temptation of this great ice cream--will not cause them to throw away their legislative session. Thank you.”


PERSONAL PRIVILEGE


      Senator McCaslin: “A point of personal privilege. I think I can get total agreement on this. Would you pass out the earplugs before your next speech?”


PERSONAL PRIVILEGE


      Senator Constantine: “Madam President, if I may respond? That sir, was a soft ball tossed to you. I knew you would hit it out of the park.”

      Senator McCaslin: “Well, the distinguished gentlemen from the Thirty-fourth District, being an attorney, I just want to correct something. Of course, he is from the House. This does make a difference, but a thirty-eight, ten vote is not contentious. Twenty-five, twenty-four is contentious, regardless of which way it goes. I will be looking forward to the ice cream very much and I hope the freezer down there keeps it cool for quite a while. But, the earplugs, I have to say--we need them desperately in here. We may need more before this session is over, also.”


PERSONAL PRIVILEGE


      Senator Sheahan: “A point of personal privilege, Madam President. I did have to respond to the comment about lesser institutions. If you would all look at your jar for the ingredients. It includes grapes, peaches and pears. Now, we all know that the tremendous institution that does ag research on grapes, peaches and pears is not the institution in Seattle, but the wonderful institution in Pullman. I hope the gentlemen from the Thirty-fourth District will be very supportive of all the ag research that has made sure that this product can go to market. Thank you.”


PERSONAL PRIVILEGE


      Senator Parlette: “A point of personal privilege, Madam President. I would like to make a comment to the good Senator from the Thirty-fourth District. First of all, I would like to thank you, because although I see that it says, ‘Husky’ on the little container we have, I have been told that the ice cream is Crimson and Grey and I would like to thank you.”


MOTION


      At 11:39 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 1:20 p.m., Thursday, February 15, 2001.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate