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FOURTEENTH DAY, FIRST SPECIAL SESSION
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, May 8, 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 Brown, Costa, Fraser, Hargrove, Kline and Morton. On motion of Senator Eide, Senators Brown, Costa, Fraser, Hargrove and Kline were excused. On motion of Senator Honeyford, Senator Morton was excused.
The Sergeant at Arms Color Guard, consisting of staff members Myrna Beebe and Gary Holt, presented the Colors. Senator Don Carlson 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 THE GOVERNOR
May 7, 2001
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on May 7, 2001, Governor Locke approved the following Senate Bills entitled:
Substitute Senate Bill No. 5101
Relating to consumer protection regarding contractors.
Engrossed Senate Bill No. 5374
Relating to the imposition of criminal penalties and sanctions for the unauthorized sale of baby food, infant formula, cosmetics, nonprescription drugs, or medical devices.
Senate Bill No. 5392
Relating to emancipation of minors.
Senate Bill No. 5393
Relating to truancy records.
Substitute Senate Bill No. 5442
Relating to salmon fishing gear.
Substitute Senate Bill No. 5468
Relating to the chemical dependency disposition alternative.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
INTRODUCTION AND FIRST READING
SCR 8418 by Senators Costa, Fraser, Eide and Kohl-Welles
Requiring the joint committee on pension policy to review certain retirement plans.
Referred to Committee on Ways and Means.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9117, Marilyn Sayan, as Chair of the Public Employment Relations Commission, was confirmed.
APPOINTMENT OF MARILYN SAYAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Benton, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Excused: Senators Brown, Costa, Fraser, Hargrove, Kline and Morton - 6.
MOTION
On motion of Senator McAuliffe, Gubernatorial Appointment No. 9068, Ken Evans, as a member of the Professional Educator Standards Board, was confirmed.
Senators McAuliffe and Benton spoke to the confirmation of Ken Evans as a member of the Professional Educator Standards Board.
APPOINTMENT OF KEN EVANS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Costa, Fraser, Hargrove, Kline and Morton - 5.
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9041, Larry Taylor, as a member of the Lottery Commission, was confirmed.
APPOINTMENT OF LARRY TAYLOR
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 1; Absent, 1; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Eide, Fairley, Finkbeiner, Franklin, Gardner, Hale, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Voting nay: Senator Honeyford - 1.
Absent: Senator Deccio - 1.
Excused: Senators Costa, Fraser, Hargrove, Kline and Morton - 5.
PERSONAL PRIVILEGE
Senator Kastama: “Mr. President, a point of personal privilege. I would like to thank all the members of the body for their prayers and their cards and for their gifts during the last week. I was in an auto accident a week ago yesterday. Just so I don’t have to describe to everybody on the one on one detail, I will go on and share with you what actually happened. I was going home from the Legislature; I left here about five o’clock. I was on I 5 and at the 512 exit, there is a sign that says, ‘Puyallup exit a half mile.’ Well, I happened to stop my car right there. It was backed all the way up to that half-way marker. I looked at the sign and thought to myself, ‘Doggone, a half mile sitting in this traffic.’
“At that moment, a grey Chevy Blazer pulled up to my right on the shoulder. I was thinking why would she be doing that--I’m looking at the lady now. She had done that because right behind her car was a car going--it was reported at fifty or sixty miles an hour--and did not know that the traffic was backed up, so this lady pulled off to the side. All I can tell you is that I saw my car visually expand in front of me. I thought it had exploded. The back of my seat snapped off and I went into the back. That is the last I remember.
“When I woke up, I went ahead and got out the drivers’s side--it was open maybe because it had been crushed so much. I got out; I saw head lights all over the ground. A pretty tough time! I have to tell you this, though, they did carry me away and took me to an emergency room and I was strapped up, because they were fearful there might be spinal problems, which there were none.
“A comical thing, I was always wondering about how my wife would take this. I kept insisting I talk to my wife. I was in the emergency room all strapped down, can’t move my head, can’t move my arms or my legs, but I insisted on talking to my wife. They put a phone up next to me and I started my conversation by saying, ‘Well, honey, how are you doing today?’ I said, ‘I just want you to know that I am doing okay.’ I didn’t want her to be fearful, but finally I let her know that I was strapped down and couldn’t move any part of my body, but she could come and get me at that time.
“Your prayers really did help. It has been a very difficult week and somewhat life changing for me. The State Patrol was very good. Everyone that was involved in the accident--it was just an experience. Anyway, thank you, Mr. President. Thank you members of the body.”
REPLY BY THE PRESIDENT
President Owen: “Well, we are glad you are back and all in one piece, Senator. Welcome back!”
PERSONAL PRIVILEGE
Senator Honeyford: “A point of personal privilege, Mr. President. Senator Prentice just pointed out my mistake. I provided for all of you, on your desks, some asparagus packets. I have some IOUs to some of my Republican friends, because I didn’t count the bundles of asparagus. I did find that technology failed in the little wrapper I put on there and Senator Prentice did correct me on this in that Chile is spelled two ways. My spell checker didn’t catch it, my LA didn’t catch it and my wife didn’t catch it, but Senator Prentice did.
“This is the country, not the spicy food. I put this on your desk with a little bit of an explanation of what is happening to the asparagus industry in the state of Washington. I would suspect we may have some fresh markets left in the state, but in all probability, I think we are going to find canneries going out of state and maybe out of the country due to many things. One of them is the minimum wage, which is increasing the costs--the competition from the foreign countries, regulatory costs, payroll taxes and things like that that boils down to the fact that we would have to be selling asparagus for a dollar a pound to break even. That is not happening. You can buy it in the grocery store for around seventy-five cents up to two ninety-nine cents a pound. The farmer is getting somewhere, as I mentioned, somewhere around twenty-eight to thirty cents a pound. That is generally, depending on the financial situation of the farmer, below market price or below the break even price for him.
“Anyway enjoy. It is good asparagus. For my Republican friends that I missed, I will make it up next week. Thank you.”
REPLY BY THE PRESIDENT
President Owen: “Thank you, Senator.”
PERSONAL PRIVILEGE
Senator Rasmussen: “I want to rise to a point of personal privilege. I would like to thank Herman te Velde who grew the asparagus.
Herman te Velde is a dairyman--or he was a dairyman from my valley. If you think picking asparagus is hard, he went from dairying to asparagus. Apparently, dairying really didn’t pay back either. I do want to commend him for providing the asparagus. He certainly is a very fine gentlemen.”
SECOND READING
SENATE BILL NO. 5959, by Senators Benton, Swecker, McDonald, Hochstatter, Johnson, Stevens, Honeyford, Roach, Rossi, Long, West and T. Sheldon
Repealing local motor vehicle taxes.
The bill was read the second time.
MOTION
Senator Benton moved that the following striking amendment by Senators Benton and Eide be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of this act to clarify that the legislature, when it enacted Senate Bill No. 6865 during the 2000 legislative session, intended to repeal all motor vehicle excise taxes, including the local motor vehicle excise tax and replace them with a thirty dollar license fee.
NEW SECTION. Sec. 2. The following acts or parts of acts are each repealed:
(1) RCW 35.58.273 (Public transportation systems--Motor vehicle excise tax authorized--Credits--Public hearing on route and design--Rules--Sales and use tax on rental cars) and 1998 c 321 s 25, 1992 c 194 s 11, 1991 c 339 s 29, 1991 c 309 s 1, 1990 c 42 s 316, 1987 c 428 s 2, 1979 ex.s. c 175 s 2, & 1969 ex.s. c 255 s 8;
(2) RCW 35.58.274 (Public transportation systems--Motor vehicles exempt from tax) and 1985 c 7 s 100 & 1969 ex.s. c 255 s 9;
(3) RCW 35.58.275 (Public transportation systems--Provisions of motor vehicle excise tax chapter applicable) and 1969 ex.s. c 255 s 10;
(4) RCW 35.58.276 (Public transportation systems--When tax due and payable--Collection) and 1971 ex.s. c 199 s 1 & 1969 ex.s. c 255 s 11;
(5) RCW 35.58.277 (Public transportation systems--Remittance of tax by county auditor) and 1979 c 158 s 91 & 1969 ex.s. c 255 s 12;
(6) RCW 35.58.278 (Public transportation systems--Distribution of tax) and 1975 1st ex.s. c 270 s 2, 1974 ex.s. c 54 s 1, & 1969 ex.s. c 255 s 13;
(7) RCW 35.58.279 (Public transportation systems--Crediting and use of tax revenues) and 1981 c 319 s 3, 1979 ex.s. c 175 s 3, & 1969 ex.s. c 255 s 14;
(8) RCW 35.58.2791 (Public transportation systems--Internal combustion equipment to comply with pollution control standards) and 1969 ex.s. c 255 s 19; and
(9) RCW 35.58.2792 (Public transportation systems--Parking facilities to be in conjunction with system stations or transfer facilities) and 1969 ex.s. c 255 s 20.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION. Sec. 4. This act applies retroactively to January 1, 2000."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Benton and Eide to Senate Bill No. 5959.
The motion by Senator Benton carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted;
On page 1, on line 3 of the title, after "35.58.277," strike the remainder of the title and insert ", 35.58.278, 35.58.279, 35.58.2791, and 35.58.2792; providing a retroactive effective date; and declaring an emergency."
On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5959 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5959.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5959 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 12; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, Finkbeiner, Franklin, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McCaslin, McDonald, Oke, Parlette, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley and Zarelli - 32.
Voting nay: Senators Constantine, Fairley, Gardner, Haugen, Jacobsen, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 12.
Excused: Senators Costa, Fraser, Hargrove, Kline and Morton - 5.
ENGROSSED SENATE BILL NO. 5959, 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.
SECOND READING
SENATE BILL NO. 5109, by Senators T. Sheldon, Hargrove, Finkbeiner, Johnson and Stevens
Prohibiting basic parkland access fees.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Senate Bill No. 5109 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
Senators West, Sheahan and Zarelli demanded the previous question and the demand was sustained.
The President declared the question before the Senate to be shall the main question be now put.
The demand for the previous question carried.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5109.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5109 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 16; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Deccio, Eide, Fairley, Finkbeiner, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McCaslin, McDonald, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Stevens, West and Zarelli - 28.
Voting nay: Senators Carlson, Constantine, Franklin, Jacobsen, Kohl-Welles, McAuliffe, Oke, Parlette, Prentice, Regala, Sheldon, B., Snyder, Spanel, Swecker, Thibaudeau and Winsley - 16.
Excused: Senators Costa, Fraser, Hargrove, Kline and Morton - 5.
SENATE BILL NO. 5109, 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.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Horn, Gubernatorial Appointment No. 9063, James B. Dagnon, as a member of the Board of Trustees for Bellevue Community College District No 8, was confirmed.
Senator Horn and Kohl Welles spoke to the confirmation of James D. Dagnon as a member of the Board of Trustees for Bellevue Community College District No. 8.
APPOINTMENT OF JAMES B. DAGNON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, Fairley, Finkbeiner, Franklin, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Absent: Senator Constantine - 1.
Excused: Senators Costa, Fraser, Hargrove, Kline and Morton - 5.
MOTION
On motion of Senator Shin, Gubernatorial Appointment No. 9120, Dolores Sibonga, as a member of the Human Rights Commission, was confirmed.
Senators Shin and Thibaudeau spoke to the confirmation of Dolores Sibonga as a member of the Human Rights Commission.
APPOINTMENT OF DOLORES SIBONGA
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Costa, Fraser, Hargrove, Kline and Morton - 5.
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9078, Paul Hutton, as a member of the State Board for Community and Technical Colleges, was confirmed.
APPOINTMENT OF PAUL HUTTON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Costa, Fraser, Hargrove, Kline and Morton - 5.
MOTION
On motion of Senator Franklin, the following resolution was adopted:
SENATE RESOLUTION 2001-8692
By Senators Franklin, Prentice, McAuliffe, Johnson, Rasmussen, Kohl-Welles and Roach
WHEREAS, Nurses are the backbone of our health care system and critical to the quality of care provided to thousands of Washington residents; and
WHEREAS, The fifty-thousand nurses in Washington comprise our state’s largest health care profession; and
WHEREAS, Nurses provide a vast array of health care services across a broad spectrum of health care settings to meet the different and emerging health care needs of our state’s population; and
WHEREAS, Our state increasingly relies on nurses to deliver primary and preventative health care; and
WHEREAS, Professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients; and
WHEREAS, The demand for nursing services will be greater than ever because of the aging of the American population, the continuing expansion of life-sustaining technology, and the explosive growth of home health care services; and
WHEREAS, More nurses will be needed in the future to meet the increasingly complex needs of health care consumers in this state; and
WHEREAS, The cost-effective, safe and quality health care services provided by nurses will be an ever more important component of the health care delivery system in the future; and
WHEREAS, the week of May 6 - 12 is National Nurses Week 2001 with the theme “Nurses are the True Spirit of Caring”;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate ask all Washington residents to join in honoring the nurses who care for all of us; and
BE IT FURTHER RESOLVED, That the Washington State Senate encourage the residents of Washington to celebrate nursing’s accomplishments and efforts to improve our health care system, and show appreciation for the nation’s nurses not just during this week,
Senators Franklin, Prentice, McAuliffe, Rasmussen and Thibaudeau spoke to Senate Resolution 2001-8692.
MOTION
At 11:40 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Wednesday, May 9, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate