NOON SESSION

Senate Chamber, Olympia, Monday, February 4, 2013

The Senate was called to order at 12:00 p.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.

The Sergeant at Arms Color Guard consisting of Pages Curtis Haley and Jacob Hopkins, presented the Colors. Senator Dammeier offered the prayer.

MOTION

On motion of Senator Fain the reading of the Journal of the previous day was dispensed with and it was approved.

LETTER OF RESIGNATION

January 25, 2013

Governor Jay Inslee

PO Box 40002

Olympia, WA 98504

Re: Resignation from the Washington State Senate as of February 3, 2013

Dear Governor Inslee:

It has been my honor to serve the 8^th Legislative District since my election to the House of Representatives in November of 1994 and my later appointment to the State Senate in May of 2004. It is with a humble heart and great anticipation that I am giving notification of my resignation as a member of the Washington State Legislature. I pray that I was able to serve my district and this great state by giving back as much as I have received.

I decided that I could better fight for the priorities of the Tri-Cities on a local level and was elected Benton County Commission in November of 2012. I was sworn in on December 27, 2012. Therefore, pursuant to RCW 42.12.020, please accept my resignation from the Washington State Senate effective Sunday, February 3, 2013.

I wish you God’s speed and much success in your new role as Governor.

Cordially yours,

JEROME DELVIN, State Senator

8^th Legislative District

Cc:

Secretary of the Senate, Hunter Goodman

Senator Rodney Tom, Coalition Majority Leader

Senator Mark Schoesler, Republican Leader

Senator Ed Murray, Democratic Leader

BOARD OF COUNTY COMMISSIONERS

BENTON COUNTY WASHINGTON

Resolution No. 2013 060

BEFORE THE BOARD OF COMMISSIONERS OF BENTO N COUNTY, WASHINGTON

IN THE MATTER OF APPOINTMENT OF SHARON BROWN AS STATE SENATOR FOR DISTRICT 8.

WHEREAS , Senator Jerome Delvin resigned his position as State Senator for District 8; and

WHEREAS, the Board of Benton County Commissioners are required by law to make an appointment to fill the vacated position; and

WHEREAS, the Board has reviewed all candidates and feels Sharon Brown would be the best candidate to fill the vacated position; NOW, THEREFORE,

BE IT RESOLVED by the Board of Benton County Commissioners that Sharon Brown is hereby appointed in accordance with the Washington State Constitution, Article 2, Section 15, to serve until the next general election as State Senator for District 8.

Dated this 28^th Day of January 2013

Shon Small, Chairman of the Board

Jerome Delvin, Chairman Pro Tem

James Beaver, Member

BOARD OF COUNTY COMMISSIONERS

BENTON COUNTY

February 5, 2013

Hunter Goodman

Secretary of the Senate

PO Box 40482

Olympia, WA 98504

Dear Secretary Goodman:

The three Benton County Commissioners from the 8^th Legislative District met in Kennewick, Washington at 2:30 p.m. on January 28, 2013 to interview candidates for Senator Jerome Delvin’s open Senate seat.

Commissioners present: Chairman Shon Small, Commissioner James Beaver, and Commissioner Jerome Delvin.

Two candidates (Larry Haler and Sharon Brown) selected by the Republican Precinct Committee Officers of the 8^th Legislative District and presented to Benton County by the Washington State Republican Party were present at the meeting and one candidate (Brad Klippert) was present by teleconference. Following interviews, Sharon Brown was selected as Senator Jerome Delvin’s successor by the following vote:

AYE: 3

NAY: 0

ABSTAIN: 0

ABSENT: 0

A copy of Ms. Brown’s resume is enclosed, along with a copy of Benton County Resolution No. 2013—6- appointing Sharon Brown as State Senator for District 8.

Please let us know if you need anything further.

Sincerely,

BOARD OF BENTON COUNTY COMMISSIONERS

Shon Small, Chairman

MOTION

There being no objection, the Senate advanced to the first order of business.

REPORTS OF STANDING COMMITTEES

February 1, 2013

SB 5048 Prime Sponsor, Senator Sheldon: Concerning notice against trespass. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; Carrell, Vice Chair; Pearson and Roach.

MINORITY recommendation: Do not pass. Signed by Senators Darneille; Kline, Ranking Member.

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Kohl-Welles.

Passed to Committee on Rules for second reading.

February 1, 2013

SB 5102 Prime Sponsor, Senator Pearson: Concerning veterinarian immunity from liability when reporting suspected animal cruelty. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; Carrell, Vice Chair; Darneille; Kline, Ranking Member; Kohl-Welles; Pearson and Roach.

Passed to Committee on Rules for second reading.

February 1, 2013

SB 5136 Prime Sponsor, Senator Padden: Concerning electronic presentment of claims against the state arising out of tortious conduct. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; Carrell, Vice Chair; Darneille; Kline, Ranking Member; Kohl-Welles; Pearson and Roach.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Fain, all measures listed on the Standing Committee report were referred to the committees as designated.

MOTION

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

INTRODUCTION AND FIRST READING

SB 5541 by Senators Hobbs, Fain, Hatfield and Harper

AN ACT Relating to redemption of real property; and amending RCW 6.23.010.

Referred to Committee on Financial Institutions, Housing & Insurance.

SB 5542 by Senators Keiser, Becker and Honeyford

AN ACT Relating to public employee benefits; amending RCW 41.05.009, 41.05.011, 41.05.065, 41.05.066, 41.05.095, and 41.05.195; and reenacting and amending RCW 41.05.080.

Referred to Committee on Health Care.

SB 5543 by Senators Hatfield and Shin

AN ACT Relating to state and private partnerships for managing salmonid hatcheries; and amending RCW 77.95.320.

Referred to Committee on Natural Resources & Parks.

SB 5544 by Senators Ranker, Litzow, Fain, Hasegawa, Schlicher, Kline, Kohl-Welles, McAuliffe and Shin

AN ACT Relating to an online higher education transfer and student advising system; and adding a new section to chapter 28B.77 RCW.

Referred to Committee on Higher Education.

SB 5545 by Senators Ranker, Ericksen, Fain, Litzow and Shin

AN ACT Relating to the working waterfront redevelopment jobs act; amending RCW 77.55.021 and 90.58.147; reenacting and amending RCW 43.21B.110 and 43.21B.110; adding a new section to chapter 79.105 RCW; adding a new chapter to Title 77 RCW; creating new sections; providing an effective date; and providing expiration dates.

Referred to Committee on Energy, Environment & Telecommunications.

SB 5546 by Senators Ranker, Litzow, Fraser, Nelson, Billig, Cleveland, Kohl-Welles and Shin

AN ACT Relating to floatation devices on state-owned aquatic lands and in state waters; amending RCW 90.48.020; adding a new section to chapter 90.48 RCW; adding a new section to chapter 79.105 RCW; adding a new section to chapter 77.55 RCW; and creating a new section.

Referred to Committee on Energy, Environment & Telecommunications.

SB 5547 by Senators Ranker, Litzow, Shin and Kline

AN ACT Relating to addressing ocean acidification by taking action on the recommendations of the governor's blue ribbon panel on ocean acidification; amending RCW 36.70A.110; adding a new chapter to Title 43 RCW; and recodifying RCW 43.143.005, 43.143.010, 43.143.020, 43.143.030, 43.143.900, 43.143.901, and 43.143.902.

Referred to Committee on Energy, Environment & Telecommunications.

SB 5548 by Senators Ranker, Nelson, Billig, Hasegawa, Keiser, Schlicher, Kline, Kohl-Welles, Shin and Rolfes

AN ACT Relating to limiting differential tuition; and reenacting and amending RCW 28B.15.067.

Referred to Committee on Higher Education.

SB 5549 by Senators Becker, Chase, Keiser and Darneille

AN ACT Relating to the education of surgical technologists; amending RCW 18.215.005, 18.215.010, and 18.215.020; creating a new section; and providing an effective date.

Referred to Committee on Health Care.

SB 5550 by Senators Padden, Kline and Carrell

AN ACT Relating to privileging and professional conduct reviews by health care professional review bodies; amending RCW 7.71.030; and reenacting and amending RCW 70.41.200.

Referred to Committee on Law & Justice.

SB 5551 by Senators Conway, Carrell and Shin

AN ACT Relating to competency to stand trial evaluations; and amending RCW 10.77.060 and 10.77.068.

Referred to Committee on Law & Justice.

SB 5552 by Senators Darneille, Kline, Chase, Nelson, Hasegawa, Kohl-Welles, Keiser, McAuliffe and Shin

AN ACT Relating to improving child support collections by requiring reporting of compensation and establishing an intercept program; adding new sections to chapter 26.23 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Human Services & Corrections.

SB 5553 by Senators Schlicher, Becker, Keiser, Parlette and Shin

AN ACT Relating to studying the potential to divert ambulances to urgent care; adding a new section to chapter 18.73 RCW; and providing an expiration date.

Referred to Committee on Health Care.

SB 5554 by Senators Schlicher, Becker, Parlette, Keiser, Frockt, Ranker, Hasegawa, Shin and Kline

AN ACT Relating to requiring a study of the prescription monitoring program and its role in increasing coordination of care; creating new sections; and providing an expiration date.

Referred to Committee on Health Care.

SB 5555 by Senator Ericksen

AN ACT Relating to the Washington state renewable energy space heating act; reenacting and amending RCW 43.325.010; creating new sections; and providing an expiration date.

Referred to Committee on Energy, Environment & Telecommunications.

SB 5556 by Senators Darneille, Dammeier, Schlicher, Conway, Roach, McAuliffe, Becker, Carrell, Delvin and Shin

AN ACT Relating to missing endangered persons; and amending RCW 13.60.010 and 13.60.020.

Referred to Committee on Law & Justice.

SB 5557 by Senators Chase, Hasegawa, Nelson, Fraser, McAuliffe, Shin, Kline and Murray

AN ACT Relating to instruction on the Universal Declaration of Human Rights in Washington state schools; adding a new section to chapter 28A.230 RCW; and creating a new section.

Referred to Committee on Early Learning & K-12 Education.

SB 5558 by Senators Fain, Hobbs, Keiser, Shin and Kline

AN ACT Relating to down payment assistance for single-family homeownership; amending RCW 43.180.050; and declaring an emergency.

Referred to Committee on Financial Institutions, Housing & Insurance.

SB 5559 by Senators Bailey, Kohl-Welles, Tom and McAuliffe

AN ACT Relating to educational specialist degrees at regional universities; and amending RCW 28B.35.202.

Referred to Committee on Higher Education.

SB 5560 by Senators Bailey, Kohl-Welles and Tom

AN ACT Relating to the job skills program; amending RCW 28C.04.420; reenacting and amending RCW 28C.04.410; and adding a new section to chapter 28C.04 RCW.

Referred to Committee on Higher Education.

SB 5561 by Senators Hatfield, Schoesler, Harper, Honeyford and Shin

AN ACT Relating to the business and occupation taxation of dairy products; amending RCW 82.04.260 and 82.04.4268; and providing an effective date.

Referred to Committee on Agriculture, Water & Rural Economic Development.

SB 5562 by Senators Becker, Cleveland, Schlicher, Bailey and Keiser

AN ACT Relating to encouraging patient self-determination and health care planning by promoting the use of a form developed pursuant to RCW 43.70.480; and amending RCW 43.70.480.

Referred to Committee on Health Care.

SB 5563 by Senators Kohl-Welles, Litzow, Rolfes, Keiser, McAuliffe and Kline

AN ACT Relating to training school employees in the prevention of sexual abuse; amending RCW 28A.300.145 and 28A.400.317; adding a new section to chapter 28A.300 RCW; and creating a new section.

Referred to Committee on Early Learning & K-12 Education.

SB 5564 by Senators Smith, Billig, Baumgartner, Rolfes, Schlicher, Braun and Harper

AN ACT Relating to vehicles overtaking and passing pedestrians or bicyclists; and amending RCW 46.61.100.

Referred to Committee on Transportation.

SB 5565 by Senators Hargrove, Carrell, Keiser, Harper, Nelson, Kohl-Welles, McAuliffe and Kline

AN ACT Relating to background checks; amending RCW 74.13.020; reenacting and amending RCW 74.13.020; adding new sections to chapter 74.13 RCW; creating a new section; providing an effective date; and providing an expiration date.

Referred to Committee on Human Services & Corrections.

SB 5566 by Senators Pearson, Carrell and Harper

AN ACT Relating to interviewing children in child protective services investigations; amending RCW 26.44.030; reenacting and amending RCW 26.44.030; providing an effective date; and providing an expiration date.

Referred to Committee on Human Services & Corrections.

SB 5567 by Senators Chase, Hasegawa, Nelson, Schlicher, Darneille, Kline, Billig, Harper, Conway, Shin, McAuliffe, Keiser, Rolfes and Cleveland

AN ACT Relating to membership on community and technical college boards of trustees; and reenacting and amending RCW 28B.50.100.

Referred to Committee on Higher Education.

SB 5568 by Senators Hobbs, Kohl-Welles, Billig, Frockt, Chase, Harper, Hasegawa, Keiser, Shin, Kline and Nelson

AN ACT Relating to the disclosure of certain information when screening tenants; and amending RCW 59.18.580.

Referred to Committee on Financial Institutions, Housing & Insurance.

SB 5569 by Senators McAuliffe, Litzow, Rolfes, Rivers, Billig, Dammeier, Mullet, Keiser and Kline

AN ACT Relating to reporting of incidents of student restraint and isolation in public schools; adding a new section to chapter 28A.600 RCW; and creating a new section.

Referred to Committee on Early Learning & K-12 Education.

SB 5570 by Senators McAuliffe, Rolfes, Keiser and Kline

AN ACT Relating to school funding; amending RCW 28A.150.260; and creating a new section.

Referred to Committee on Early Learning & K-12 Education.

SB 5571 by Senators McAuliffe, Litzow, Keiser, Dammeier, Rolfes, Rivers, Mullet, Kohl-Welles, Parlette, Shin, Ranker, Kline and Murray

AN ACT Relating to increasing public awareness of mental illness and its consequences; and adding a new chapter to Title 71 RCW.

Referred to Committee on Human Services & Corrections.

SB 5572 by Senators Rolfes and Pearson

AN ACT Relating to the sea cucumber dive fishery; and amending RCW 77.70.190, 82.27.020, and 82.27.070.

Referred to Committee on Natural Resources & Parks.

SB 5573 by Senators Rolfes, Billig, McAuliffe, Frockt, Cleveland, Kohl-Welles, Keiser and Murray

AN ACT Relating to implementing the first biennium spending plan recommendations of the joint task force on education funding; amending RCW 28A.150.220, 28A.150.260, 28A.150.315, 28A.160.192, 28A.405.106, and 28A.657.020; adding a new section to chapter 28A.310 RCW; creating new sections; making appropriations; and providing an expiration date.

Referred to Committee on Early Learning & K-12 Education.

SB 5574 by Senators King and Shin

AN ACT Relating to admissibility in a civil action of failing to wear safety belt assemblies and failing to use child restraint systems; amending RCW 46.61.687; and reenacting and amending RCW 46.61.688.

Referred to Committee on Law & Justice.

SB 5575 by Senators Pearson, Bailey, Becker, Sheldon, Carrell, Hill, Holmquist Newbry, Tom, Parlette, Smith and Braun

AN ACT Relating to state parks funding; amending RCW 82.19.040, 70.93.180, 79A.15.050, and 79A.05.215; and providing an expiration date.

Referred to Committee on Natural Resources & Parks.

SB 5576 by Senators Hobbs, Litzow, Keiser, Kohl-Welles, Ranker, Harper, Chase, Nelson, Conway, Eide, Hasegawa, Schlicher, Rolfes, Kline, Mullet, McAuliffe, Darneille, Cleveland, Frockt, Fraser, Murray, Billig and Hatfield

AN ACT Relating to preserving health insurance coverage for the voluntary termination of a pregnancy by requiring health plans issued or renewed on or after January 1, 2014, that provide coverage for maternity care or services to provide a covered person with substantially equivalent coverage to permit the voluntary termination of a pregnancy, by prohibiting a health plan from limiting in any way a woman's access to services related to the voluntary termination of a pregnancy other than terms and conditions generally applicable to the health plan's coverage of maternity care or services including applicable cost sharing, by not limiting in any way a woman's constitutionally or statutorily protected right to voluntarily terminate a pregnancy, by clarifying that health plans are not required to cover abortions that would be unlawful under RCW 9.02.120, by providing an exemption for a multistate plan that does not cover the voluntary termination of pregnancies under federal law, by making the provisions of this act inapplicable to the minimum extent necessary to avoid noncompliance with federal requirements that are a prescribed condition to the allocation of federal funds to the state, and by clarifying that nothing in this act affects the statutory right of objection based on conscience or religion as set forth in RCW 48.43.065 or 70.47.160; and adding a new section to chapter 48.43 RCW.

Referred to Committee on Law & Justice.

SB 5577 by Senator Carrell

AN ACT Relating to protecting public employees who act ethically and legally; amending RCW 42.52.050, 42.52.120, 42.52.360, 42.52.410, 42.52.420, and 42.52.460; reenacting and amending RCW 42.52.010; adding new sections to chapter 42.52 RCW; adding new sections to chapter 42.40 RCW; adding a new section to chapter 42.56 RCW; creating a new section; repealing RCW 42.52.500; and prescribing penalties.

Referred to Committee on Human Services & Corrections.

SB 5578 by Senators Fraser, Carrell, Padden, Darneille, Harper, Pearson, Hargrove and Kline

AN ACT Relating to education requirements for family day care providers; and adding a new section to chapter 43.215 RCW.

Referred to Committee on Human Services & Corrections.

SB 5579 by Senators Benton, Rivers and Braun

AN ACT Relating to land use decisions; and amending RCW 64.40.010, 64.40.020, and 64.40.030.

Referred to Committee on Governmental Operations.

SB 5580 by Senator Roach

AN ACT Relating to processing ballots; and amending RCW 29A.60.160.

Referred to Committee on Governmental Operations.

SB 5581 by Senators Delvin and McAuliffe

AN ACT Relating to the allocation of one-half of one percent of original public school construction for equipment and technology purposes; amending RCW 28A.335.210; and declaring an emergency.

Referred to Committee on Early Learning & K-12 Education.

SB 5582 by Senator Delvin

AN ACT Relating to metropolitan park district property tax levies; amending RCW 84.52.010 and 84.52.120; creating a new section; and repealing 2011 1st sp.s. c 28 s 7 (uncodified).

Referred to Committee on Governmental Operations.

SB 5583 by Senators Benton, Billig and Kohl-Welles

AN ACT Relating to an annual permit fee on studded tire use; amending RCW 46.17.400, 46.37.420, 46.17.240, and 46.17.040; adding a new section to chapter 46.16A RCW; creating a new section; prescribing penalties; and providing an effective date.

Referred to Committee on Transportation.

SB 5584 by Senator Benton

AN ACT Relating to naming or renaming state transportation facilities; amending RCW 47.01.420; and creating a new section.

Referred to Committee on Transportation.

SB 5585 by Senator Benton

AN ACT Relating to requiring drug testing for recipients of benefits under the temporary assistance for needy families program; amending RCW 74.08.025 and 74.08A.260; and adding a new section to chapter 74.08A RCW.

Referred to Committee on Human Services & Corrections.

SB 5586 by Senators Ranker, Litzow, Keiser, Harper, Tom, Darneille, Chase, Nelson, Hasegawa, McAuliffe, Kohl-Welles and Shin

AN ACT Relating to requiring the certificate of need review to include a determination of whether hospitals are able to provide a full range of legal medical services; and amending RCW 70.38.115.

Referred to Committee on Health Care.

SB 5587 by Senators Litzow, Dammeier, Rivers, Fain and Tom

AN ACT Relating to student assessments; amending RCW 28A.655.061, 28A.655.066, 28A.655.070, 28A.655.071, 28B.105.010, 28B.105.030, and 28B.105.060; and creating a new section.

Referred to Committee on Early Learning & K-12 Education.

SB 5588 by Senators Litzow, Dammeier, Sheldon, Rivers, Fain and Tom

AN ACT Relating to the definition of school day; amending RCW 28A.150.203, 28A.305.140, 28A.305.140, 28A.655.180, and 28A.655.180; creating a new section; providing effective dates; and providing an expiration date.

Referred to Committee on Early Learning & K-12 Education.

MOTION

On motion of Senator Fain, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

MOTION

At 12:09 p.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.

AFTERNOON SESSION

The Senate was called to order at 12:42 p.m. by President Owen.

MOTION

On motion of Senator Fain, the Senate advanced to the seventh order of business.

THIRD READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5128, by Senate Committee on Commerce & Labor (originally sponsored by Senators Holmquist Newbry, Braun, King, Baumgartner, Sheldon, Rivers, Ericksen, Benton, Litzow, Becker, Dammeier, Smith, Hill, Bailey, Honeyford, Tom, Schoesler, Parlette, Padden and Hewitt).

Addressing compensation for injured workers.

The bill was read on Third Reading.

Senators Holmquist Newbry, King, Becker, Sheldon, Parlette and Honeyford spoke in favor of passage of the bill.

Senators Conway, Frockt, Hobbs, Kohl-Welles, Keiser, Rolfes, Hasegawa and Nelson spoke against passage of the bill.

Senator Holmquist-Newbry again spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5128.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5128 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Braun, Brown, Carrell, Dammeier, Ericksen, Fain, Hewitt, Hill, Holmquist Newbry, Honeyford, King, Litzow, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon, Smith and Tom

Voting nay: Senators Billig, Chase, Cleveland, Conway, Darneille, Eide, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hobbs, Keiser, Kline, Kohl-Welles, McAuliffe, Mullet, Murray, Nelson, Ranker, Rolfes, Schlicher and Shin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5128, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

REMARKS BY THE PRESIDENT

President Owen: “The President would like to take this opportunity to welcome two new senators to the Senate: Senator Schlicher and Senator Brown.”

The President announced the appointment of Senator Brown to the following committees: the Committee on Agriculture, Water & Rural Economic Development; the Committee on Early Learning & K-12 Education; the Committee on Energy, Environment & Telecommunications; and the Committee on Transportation.

The President announced the appointment of Senator Schlicher to the following committees: the Committee on Health Care; the Committee on Trade & Economic Development; and the Committee on Transportation.

MOTION

On motion of Senator Fain, the appointments were confirmed.

THIRD READING

SENATE BILL NO. 5112, by Senators Holmquist Newbry, Sheldon, Braun and Hewitt.

Granting scheduling authority for qualified retrospective rating plan employers and groups.

The bill was read on Third Reading.

Senators Hewitt and Holmquist Newbry spoke in favor of passage of the bill.

Senators Keiser, Conway, Hasegawa and Frockt spoke against passage of the bill.

The President declared the question before the Senate to be the final passage of Senate Bill No. 5112.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5112 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

SENATE BILL NO. 5112, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5127, by Senate Committee on Commerce & Labor (originally sponsored by Senators Holmquist Newbry, Tom, King, Sheldon, Baumgartner, Ericksen, Rivers, Litzow, Benton, Dammeier, Carrell, Braun, Bailey, Honeyford, Becker, Hill, Roach, Schoesler, Parlette, Padden and Hewitt).

Amending provisions governing structured settlements by removing age barriers and clarifying legislative intent.

The bill was read on Third Reading.

MOTION

On motion of Senator Hobbs, the rules were suspended and Substitute Senate Bill No. 5127 was returned to second reading for the purpose of amendment.

SECOND READING

Amending provisions governing structured settlements by removing age barriers and clarifying legislative intent.

The measure was read the second time.

MOTION

Senator Hobbs moved that the following amendment by Senator Hobbs and others be adopted:

0.On page 1, line 8, after "injured worker" insert "who is at least forty years of age on or after the effective date of this act"

Senators Hobbs, Holmquist Newbry, Honeyford and Sheldon spoke in favor of adoption of the amendment.

Senators Frockt and Keiser spoke against adoption of the amendment.

Senator Conway spoke on adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hobbs and others on page 1, line 8 to Substitute Senate Bill No. 5127.

The motion by Senator Hobbs carried and the amendment was adopted by a rising vote.

MOTION

There being no objection, the following title amendment was adopted:

On page 1, line 2 of the title, strike "removing" and insert "lowering"

MOTION

On motion of Senator Holmquist Newbry, the rules were suspended, Engrossed Substitute Senate Bill No. 5127 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Holmquist Newbry, Padden, Braun and Rivers spoke in favor of passage of the bill.

Senators Conway, Rolfes, Murray and Hasegawa spoke against passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5127.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5127 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Braun, Brown, Carrell, Dammeier, Eide, Ericksen, Fain, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Litzow, Mullet, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon, Smith and Tom

Voting nay: Senators Billig, Chase, Cleveland, Conway, Darneille, Fraser, Frockt, Harper, Hasegawa, Keiser, Kline, Kohl-Welles, McAuliffe, Murray, Nelson, Ranker, Rolfes, Schlicher and Shin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5127, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

Senator Benton, having voted on the prevailing side, gave notice of reconsideration of the vote by which Engrossed Substitute Senate Bill No. 5127 passed the senate.

REMARKS BY THE PRESIDENT

President Owen: “Since we have most of the members here and the new members particularly, the President would do a clarification: It’s quite often said that you may not mention the other house. You can mention the other house. They are going to have a party, great group of people what you cannot do in debate is mention the actions on a measure so that it would affect how you vote or how the outcome of that measure would be in this body. So mentioning the other house is allowed, mentioning the actions of the other house and how it would affect your legislation is not allowed.”

PERSONAL PRIVILEGE

Senator Fain: “Just want to remind members, as we move through this week and into the next, that our new members will be doing their maiden speeches and so I want to remind those members to contact my office to have those scheduled. Also to remind members that the niceness of your gift is proportional to the number of times that you speak prior to giving us a gift so I’m very looking forward to Senator Hasegawa’s gift.”

MOTION

At 2:09 p.m., on motion of Senator Fain, the Senate adjourned until 12:00 noon Tuesday, February 5, 2013.

BRAD OWEN, President of the Senate

HUNTER GOODMAN, Secretary of the Senate