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SEVENTH DAY, FIRST SPECIAL SESSION
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, May 1, 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 Benton, Brown, Finkbeiner, Hochstatter, Kastama, McCaslin and Thibaudeau. On motion of Senator Eide, Senators Brown, Kastama, and Thibaudeau were excused. On motion of Senator Honeyford, Senators Benton, Finkbeiner, Hochstatter and McCaslin were excused.
The Sergeant at Arms Color Guard, consisting of staff members Nina Weld and Sue LaVack, presented the Colors. Senator Pat Hale 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.
MESSAGE FROM STATE OFFICE
STATE OF WASHINGTON
DEPARTMENT OF LABOR AND INDUSTRIES
P.O. Box 44000, Olympia, Washington 98504-4000
May 1, 2001
Tony Cook
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504
RE: 2000 Labor and Industries Worker's Compensation Fraud Report
Dear Mr. Cook:
Attached is the Annual Report on Workers' Compensation Fraud. This report is required by RCW 43.22.331.
If you have any questions regarding this report, please contact me at (360) 902-4203.
Sincerely,
GARY MOORE, Director
The Department of Labor and Industries Annual Report on Workers' Compensation Fraud is on file in the office of the Secretary of the Senate.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Snyder, Gubernatorial Appointment No. 9108, Robert C. Petersen, as a member of the Parks and Recreation Commission, was confirmed.
Senators Snyder and Tim Sheldon spoke to Robert C. Petersen as a member of the Parks and Recreation Commission.
APPOINTMENT OF ROBERT C. PETERSEN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 42.
Excused: Senators Benton, Brown, Finkbeiner, Hochstatter, Kastama, McCaslin and Thibaudeau - 7.
MOTION
On motion of Senator McDonald, Gubernatorial Appointment No. 9067, Daniel J. Evans, as a member of the Board of Regents for the University of Washington, was confirmed.
APPOINTMENT OF DANIEL J. EVANS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 45.
Excused: Senators Benton, Hochstatter, Kastama, and Thibaudeau - 4.
MOTION
O n motion of Senator Hewitt, Senator Carlson was excused.
MOTION
On motion of Senator Franklin, Gubernatorial Appointment No. 9130, Walter Waisath, Jr., as a member of the Board of Trustees for Clover Park Technical College District No. 29, was confirmed.
APPOINTMENT OF WALTER WAISATH, JR.
The Secretary called the roll. The appointment was confirmed by the following vote Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Brown, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 43.
Absent: Senator Hargrove - 1.
Excused: Senators Benton, Carlson, Hochstatter, Kastama and Thibaudeau - 5.
MOTION
On motion of Senator Brown, the following resolution was adopted:
SENATE RESOLUTION 2001-8686
By Senators Brown, Sheahan, West, McCaslin and Morton
WHEREAS, This year marks the twenty-fifth anniversary of Spokane’s Lilac Bloomsday Run; and
WHEREAS, The race, first held May 1, 1977, was the idea of Don Kardong, a competitor in the 1976 Olympic marathon, and
WHEREAS, Since its inception, the number of Bloomsday participants has grown from 1,200 to as many as 61,298; and WHEREAS, Nearly one million Bloomsday finishers have collectively run, jogged, walked and wheeled enough miles to travel to the moon and back several times; and
WHEREAS, The impact of the Bloomsday Run extends to improving the health of its participants, or “Bloomies”, who improve their cardiovascular fitness, avert potential heart problems, burn calories, shed excess weight and strengthen muscles as they train for the twelve-kilometer run; and
WHEREAS, the Bloomsday Run is the largest race in which every participant is timed; and
WHEREAS, The Bloomsday Run attracts world-class competitors and has been featured on ESPN and in Runner’s World and The Runner magazines; and
WHEREAS, The Bloomsday Run is on the Americans for Responsible Recreational Access and the Professional Road Running Organization (PRRO) circuits of major U.S. running events, and in 1996 hosted the first PRRO World Road Running Championships; and
WHEREAS, Bloomsday volunteers pride themselves on producing a safe, exciting and enjoyable experience for all; and
WHEREAS, A program for elementary students called “Fit For Bloomsday” was created in 1987 to encourage fitness among the nearly 8,000 young participants per year; and
WHEREAS, The Lilac Bloomsday Association has provided thirty airline tickets each fall to the top high school cross country runners to attend the Footlocker Western Regional Cross Country Championships in California; and
WHEREAS, The city of Spokane embraces Bloomsday festivities and welcomes Washingtonians from around the state, and people from all over the United States and the world, to participate in them;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby recognize what an extraordinary community event the Lilac Bloomsday Run is and congratulates its organizers on twenty-five successful years; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately by the Secretary of the Senate to the Lilac Bloomsday Run Association, the Lilac Foundation, Don Kardong, the Mayor of Spokane and the members of the Spokane City Council.
Senators Brown, Sheahan, Patterson and McCaslin spoke to Senate Resolution 2001-8686.
POINT OF INQUIRY
Senator Deccio: “Senator Brown, are golf carts eligible in the race?”
Senator Brown: “They may be--they have strollers and scooters at the back of the pack. They might allow a golf cart.”
Senator Deccio: “Well, I don’t think Senator McCaslin would fit in a stroller, so I am willing to take up a collection to rent a golf cart, so Senator McCaslin can also participate in the race.”
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the seventh order of business.
THIRD 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 third time.
The President 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, 40; Nays, 4; Absent, 0; Excused, 5.
Voting yea: Senators Brown, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West and Winsley - 40.
Voting nay: Senators Rasmussen, Roach, Stevens and Zarelli - 4.
Excused: Senators Benton, Carlson, Hochstatter, Kastama and Thibaudeau - 5.
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 Oke: “Mr. President, a point of personal privilege. To the body, again, I want to thank you for your vote. I think that was the best speech I have ever made. Senator McCaslin told me that if I said nothing that we would get more votes and less against it and that happened. I truly again thank you. We had a vote back on Valentine’s Day and I appreciated that vote and I especially appreciated Senator Hale’s prayer this morning. I sleep well at night, but I tell you that every morning when I wake up, the first thing--the very first thing--and Judy will probably not like this--is that bridge issue and it has been going on for eight years. I hope and pray that we pass this bill quickly to the House and they can take action on it. I hope we never have to vote on it again. We could have had thi
.s bridge built--eight years we have been on this project.
“It could have been started; it could have been completed by today. I just hope we have the courage in this body and the other body and the Governor to make this thing go and get on with projects that really are important in this state. If we can’t do this project, I am convinced, that we will not do other major transportation projects in the state of Washington. If this project doesn’t get through this session, I am really afraid that it might not ever be completed in my life anyway. So, thank you again and God Bless each one of you.”
PERSONAL PRIVILEGE
Senator Rasmussen: “A point of personal privilege, Mr. President. Well, ladies and gentlemen of the Senate. I passed out an amendment. Obviously, we didn’t roll it back to second reading for purpose on an amendment, but if I can, Mr. President, I would like to explain the reason why I voted ‘no’ and why I passed out the amendment. I would like to have you read it, because it says, ‘When the rate on a toll bridge go above those of an advisory vote, it automatically goes under the governance of the UTC.’ You have to understand that the rates--the tolls on this bridge are set by a public/private partnership. There is an advisory board that is set up to make sure that the bonds are solvent, but there is nothing there to protect the public interest. That was my reason for passing out the amendment. Thank you.”
PERSONAL PRIVILEGE
Senator Oke: “Another point of personal privilege, Mr. President, if I might. On the last comment--is that alright Mr. President? This last comment that said there was no oversight, there is oversight. This contract, and I have watched it in its preparation and how thick it is. It has more oversights in this contract than any contract I have ever seen go through for the state. I passed out to you, the individuals that are on the non-profit board and every meeting that they have will be open to the public. These people, we know them. We know that they are living right next to that bridge and we know they will make the best decisions for that bridge and that community. I am convinced that we have a good plan and I appreciate your pulling back your amendment. Thank you.”
MOTIONS
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
On motion of Senator Betti Sheldon, the following bills which were on the second reading calendar, were returned to the Committee on Rules:
Senate Bill No. 5326,
Senate Bill No. 5411,
Senate Bill No. 5613,
Senate Bill No. 5741,
Senate Bill No. 5750,
Senate Bill No. 5977,
Senate Bill No. 6034,
Senate Bill No. 6171.
MOTIONS
On motion of Senator Betti Sheldon, the Senate advanced to the seventh order of business.
On motion of Senator Betti Sheldon, the following bill which was on the third reading calendar, were returned to the Committee on Rules:
Engrossed Substitute Senate Bill No. 5760.
MOTION
At 10:40 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Wednesday, May 2, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate