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SIXTEENTH DAY, SECOND SPECIAL SESSION
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, June 19, 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, Constantine, Costa, Hargrove, Kohl-Welles, McCaslin, McDonald, Prentice and Stevens. On motion of Senator Honeyford, Senators Benton, McCaslin, McDonald and Stevens were excused. On motion of Senator Eide, Senators Costa, Hargrove and Kohl-Welles were excused.
The Sergeant at Arms Color Guard, consisting of staff members Rob Drennan and Michael Hoover, presented the Colors. Senator Georgia Gardner 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.
POINT OF ORDER
Senator Tim Sheldon: “A point of order, Mr. President. Under the Rules of the Senate, I would like to give twenty-four hour notice of the intention to adopt the rule change to Rule 53. As you know, Rule 53 is the rule that requires a sixty percent vote of the senators elected or appointed to adopt an amendment to the operating budget, the capital budget, or the supplemental budget. I will have that on the bar so that hopefully the members can consider that rule change in twenty-four hours.”
EDITOR’S NOTE: Rule 53 states ‘No amendment to the budget, capital budget or supplemental budget, not incorporated in the bill, as reported by the ways and means committee, shall be adopted except by the affirmative vote of sixty percent of the senators elected or appointed.’
MESSAGE FROM THE HOUSE
June 18, 2001
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1926,
ENGROSSED HOUSE BILL NO. 2244,
HOUSE BILL NO. 2258, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1926 by House Committee on Appropriations (originally sponsored by Representatives Sehlin, H. Sommers, Romero and Wood) (by request of Secretary of State Reed)
Increasing the surcharge on county auditor recording fees.
EHB 2244 by Representative H. Sommers
Pertaining to the higher education retirement plan.
HB 2258 by Representative H. Sommers and Sehlin
Funding drought and earthquake emergency relief.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Substitute House Bill No. 1926, Engrossed House Bill No. 2244 and House Bill No. 2258 were advanced to second reading and placed on the second reading calendar.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9071, Karen Gates-Hildt, as a member of the Board of Trustees for Peninsula Community College District No. 1, was confirmed.
APPOINTMENT OF KAREN GATES-HILDT
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 2; Excused, 7.
Voting yea: Senators Brown, Carlson, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Long, McAuliffe, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 40.
Absent: Senators Constantine and Prentice - 2.
Excused: Senators Benton, Costa, Hargrove, Kohl-Welles, McCaslin, McDonald and Stevens - 7.
MOTION
On motion of Senator Eide, Senator Prentice was excused.
MOTION
On motion of Senator Snyder, Gubernatorial Appointment No. 9100, Ann Mottet, as a member of the Board of Trustees for Lower Columbia Community College District No. 13, was confirmed.
APPOINTMENT OF ANN MOTTET
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Excused: Senators Benton, Costa, Hargrove, Kohl-Welles, McCaslin, Prentice and Stevens - 7.
MOTION
On motion of Senator Eide, Senator Kastama was excused.
SECOND READING
SENATE BILL NO. 6198, by Senators Prentice, Deccio, B. Sheldon, Honeyford, T. Sheldon, Jacobsen and Rasmussen
Allowing the governor to enter into cigarette sales contracts with certain Indian tribes.
The bill was read the second time.
MOTIONS
On motion of Senator Gardner, the following amendment by Senator Prentice was adopted:
On page 1, line 6, after "Yakama" strike "Indian"
On motion of Senator Gardner, the rules were suspended, Engrossed Senate Bill No. 6198 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6198.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6198 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.
Excused: Senators Benton, Costa, Hargrove, Kastama, Kohl-Welles, McCaslin, Prentice and Stevens - 8.
ENGROSSED SENATE BILL NO. 6198, 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.
THIRD READING
SENATE BILL NO. 5082, by Senators Haugen, T. Sheldon, Rasmussen and Gardner
Defining rural counties for purposes of sales and use tax for public facilities in rural counties.
The bill was read the third time.
Debate ensued
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5082.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5082 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Excused: Senators Benton, Costa, Hargrove, McCaslin, Prentice and Stevens - 6.
SENATE BILL NO. 5082, 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.
THIRD READING
SECOND SUBSTITUTE SENATE BILL NO. 5947, by Senate Committee on Ways and Means (originally sponsored by Senators Rasmussen, Morton, Gardner and Honeyford)
Providing tax relief to dairy farmers and anaerobic digesters.
The bill was read the third time.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5947.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5947 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Voting nay: Senator Fairley - 1.
Excused: Senators Benton, Costa, Hargrove, McCaslin and Stevens - 5.
SECOND SUBSTITUTE SENATE BILL NO. 5947, 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.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5906, by Senate Committee on Education (originally sponsored by Senators Rasmussen, Finkbeiner, McAuliffe, Eide, Regala, Kastama, Hewitt, Hochstatter and Kohl-Welles)
Creating the technology in education task force.
MOTIONS
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5906 was returned to second reading and read the second time.
On motion of Senator Rasmussen, the following amendment by Senators Rasmussen, McAuliffe and Finkbeiner was adopted:
On page 2, line 35, after "and" strike "one representative" and insert "three representatives"
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 5906 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 Substitute Senate Bill No. 5906, under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5906, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Benton, Costa, Hargrove, McCaslin and Stevens - 5.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5906, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.
SECOND READING
SENATE JOINT MEMORIAL NO. 8001, by Senators Franklin, Thibaudeau, Winsley, Costa and Kohl-Welles
Exploring the option of managing prescription drug prices through cooperative strategies with other Northwest states.
The joint memorial was read the second time
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Senate Joint Memorial No. 8001 was advanced to third reading, the second reading considered the third and the joint memorial 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 Senate Joint Memorial No. 8001.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8001 and the joint memorial passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Benton, Costa, Hargrove, McCaslin and Stevens - 5.
SENATE JOINT MEMORIAL NO. 8001, having received the constitutional majority, was declared passed.
SECOND READING
SENATE JOINT MEMORIAL NO. 8014, by Senators Prentice, Winsley, Costa, Deccio, Thibaudeau, B. Sheldon, Fairley, Franklin, Shin, Rasmussen, Regala, Kastama, Patterson, Hochstatter, Gardner, Haugen, Honeyford, Constantine, Jacobsen, McAuliffe, Oke and Kohl-Welles
Requesting improvement to employment and training services for disabled persons.
The joint memorial was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Joint Memorial No. 8014 was advanced to third reading, the second reading considered the third and the joint memorial 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 Senate Joint Memorial No. 8014.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8014 and the joint memorial passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Benton, Costa, Hargrove, McCaslin and Stevens - 5.
SENATE JOINT MEMORIAL NO. 8014, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1926, by House Committee on Appropriations (originally sponsored by Representatives Sehlin, H. Sommers, Romero and Wood) (by request of Secretary of State Reed)
Increasing the surcharge on county auditor recording fees.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1926 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1926.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1926 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 0; Excused, 5.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 40.
Voting nay: Senators Hochstatter, Johnson, McDonald and Morton - 4.
Excused: Senators Benton, Costa, Hargrove, McCaslin and Stevens - 5.
SUBSTITUTE HOUSE BILL NO. 1926, 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. 6194, by Senators Snyder, Hargrove and T. Sheldon
Authorizing port districts to provide pilots in Grays Harbor.
The bill was read the second time.
MOTION
On motion of Senator Snyder, the following striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 53.08 RCW to read as follows:
A countywide port district located in part or in whole within the Grays Harbor pilotage district, as defined by RCW 88.16.050(2), may commence pilotage service with the following powers and subject to the conditions contained in this section.
(1) Persons employed to perform the pilotage service of a port district must be licensed under chapter 88.16 RCW to provide pilotage.
(2) Before establishing pilotage service, a port district shall give at least sixty days' written notice to the chairman of the board of pilotage commissioners to provide pilotage.
(3) A port district providing pilotage service under this section requiring additional pilots may petition the board of pilotage commissioners to qualify and license as a pilot a person who has passed the examination and is on the waiting list for the training program for the district. If there are no persons on the waiting list, the board shall solicit applicants and offer the examination.
(4) In addition to the power to employ or contract with pilots, a port district providing pilotage services under this section has such other powers as are reasonably necessary to accomplish the purpose of this section including, but not limited to, providing through ownership or contract pilots launches, dispatcher services, or ancillary tug services required for operations or safety.
(5) A port district providing pilotage services under this section may recommend to the board of pilotage commissioners rules of service, rates, and tariffs governing its pilotage services for consideration and adoption pursuant to RCW 88.16.035. The rules, rates, and tariffs recommended by the port district must have been approved in open meetings of the port district ten or more days after published notice in a newspaper of general circulation and after mailing a copy of the notice to the chairman of the board of pilotage commissioners.
(6) A pilot providing pilotage services under this section must comply with all requirements of the pilotage act, chapter 88.16 RCW, and all rules adopted thereunder.
NEW SECTION. Sec. 2. A new section is added to chapter 53.08 RCW to read as follows:
The joint legislative audit and review committee shall study the authorization for the provision of pilotage services in the Grays Harbor pilotage district and issue a report to the house of representatives and senate transportation committees no later than June 30, 2006. Specifically, the joint legislative audit and review committee shall review whether the provisions of this act continue to ensure safe pilotage in the Grays Harbor port, whether there was a shortage of pilots, whether shipping has declined since the effective date of this act, and whether other ports have indicated an interest in providing pilotage services.
NEW SECTION. Sec. 3. Nothing in this act is intended to amend chapter 88.16 RCW.
NEW SECTION. Sec. 4. 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."
MOTIONS
On motion of Senator Snyder, the following title amendment was adopted:
On page 1, line 2 of the title, after "districts;" strike the remainder of the title and insert "adding new sections to chapter 53.08 RCW; creating a new section; and declaring an emergency."
On motion of Senator Snyder, the rules were suspended, Engrossed Senate Bill No. 6194 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6194.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6194 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Benton, Costa, Hargrove, McCaslin and Stevens - 5.
ENGROSSED SENATE BILL NO. 6194, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:11 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Wednesday, June 20, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate