MORNING SESSION

Senate Chamber, Olympia, Friday, February 25, 2011

The Senate was called to order at 10:00 a.m. by the President Pro Tempore. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present.

The Sergeant at Arms Color Guard consisting of Pages Nadia Neslon and Donald Tyson, presented the Colors. Rabbi Cheski Edelman of the Chabad Jewish Discovery Center of Olympia offered the prayer.

MOTION

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

MOTION

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

INTRODUCTION AND FIRST READING

SB 5858 by Senators Schoesler, Kilmer, Honeyford, Tom, Holmquist Newbry and Shin

AN ACT Relating to department of fish and wildlife-owned land used for agricultural purposes; amending RCW 77.12.210; and adding a new section to chapter 77.12 RCW.

Referred to Committee on Natural Resources & Marine Waters.

MOTION

On motion of Senator Eide, the measure listed on the Introduction and First Reading report was referred to the committee as designated.

MOTION

On motion of Senator Eide, the Senate advanced to the eighth order of business.

MOTION

Senator Shin moved adoption of the following resolution:

SENATE RESOLUTION

8626

By Senators Shin, Becker, Morton, McAuliffe, Rockefeller, Regala, Baumgartner, Roach, Haugen, Benton, Eide, Delvin, Nelson, Tom, Ranker, Chase, Hobbs, Sheldon, Kastama, Schoesler, Stevens, Fraser, Harper, Swecker, Prentice, Litzow, Hatfield, King, Fain, and Kilmer

WHEREAS, Haryong Lee served ably for the last three years as Consul-General of the Republic of Korea in Washington State; and

WHEREAS, Consul-General Lee's career, spanning over 35 years, at renowned academic institutions, in economics, business, and in international diplomacy has increased his ability to better serve the State of Washington; and

WHEREAS, Consul-General Lee has demonstrated outstanding success and service in both the public and private sectors in both the Republic of Korea and the United States; and

WHEREAS, In Seattle as well as his other postings across the globe, Consul-General Lee was embraced by all people of Korean descent, and showed tremendous dedication to the same; and

WHEREAS, Consul-General Lee's immense knowledge of his nation and the United States led to increased trade and cultural relations between Washington and the Republic of Korea; and

WHEREAS, Consul-General Lee and the Korean-American community maintain close ties with Korea and, at the same time, continue to establish and strengthen their relationship to the State of Washington; and

Whereas, Korean-Americans own and operate over 3,500 businesses in Washington that have gross sales and receipts of approximately 1.5 billion dollars annually, pay 180 million dollars in taxes per year, and employ approximately 10,000 Washingtonians; and

WHEREAS, The State of Washington owes a tremendous debt to Consul-General Lee for the tremendous work he accomplished during his tenure in Seattle; and

WHEREAS, Consul-General Lee went above and beyond the duties of his position and indefatigably worked to maintain and expand the crucial economic and cultural relations between the Republic of Korea and Washington;

NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington honor Consul-General Haryong Lee for his service to the Republic of Korea and Washington, his diplomatic nature, extreme kindness, and understanding of the crucial relationship between our peoples; and

BE IT FURTHER RESOLVED, That the Senate also recognizes the outstanding achievements and contributions Korean-Americans have made to our state, which have enriched communities throughout Washington; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Consul-General Lee and the Korean Consulate in Seattle, and his government.

Senators Shin, Holmquist Newbry, Kastama, Eide, McAuliffe, Fraser, Chase and Roach spoke in favor of adoption of the resolution.

The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8626.

The motion by Senator Shin carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

The President Pro Tempore welcomed and introduced members of the Korean American community who were seated in the gallery.

MOTION

On motion of Senator Eide, the Senate reverted to the sixth order of business.

SECOND READING

SENATE BILL NO. 5157, by Senators Murray, Prentice, White, Swecker, Delvin, Kohl-Welles and Shin

Concerning the operation of foreign trade zones on property adjacent to but outside a port district.

MOTIONS

On motion of Senator Murray, Substitute Senate Bill No. 5157 was substituted for Senate Bill No. 5157 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Murray, the rules were suspended, Substitute Senate Bill No. 5157 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Murray and Baumgartner spoke in favor of passage of the bill.

MOTION

On motion of Senator Ericksen, Senator Benton was excused.

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5157.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5157 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

SUBSTITUTE SENATE BILL NO. 5157, 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.

SECOND READING

SENATE BILL NO. 5403, by Senators Chase, Kastama, Shin, Prentice, McAuliffe and Pridemore

Authorizing local improvement district funding to benefit innovation partnership zones for the purposes of economic development.

The measure was read the second time.

MOTION

On motion of Senator Chase, the rules were suspended, Senate Bill No. 5403 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Chase, Kastama and Baumgartner spoke in favor of passage of the bill.

The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 5403.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5403 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Absent: Senator Shin

SENATE BILL NO. 5403, 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.

SECOND READING

SENATE BILL NO. 5671, by Senators Ericksen, Becker, Delvin and Honeyford

Modifying hospital and emergency service personnel reporting requirements to local enforcement.

MOTIONS

On motion of Senator Ericksen, Substitute Senate Bill No. 5671 was substituted for Senate Bill No. 5671 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Ericksen, the rules were suspended, Substitute Senate Bill No. 5671 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Ericksen, Keiser, Schoesler, Sheldon and Conway spoke in favor of passage of the bill.

Senator Parlette spoke on final passage of the bill.

MOTION

On motion of Senator White, Senator Shin was excused.

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5671.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5671 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5671, 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.

PERSONAL PRIVILEGE

Senator Ericksen: “Well, thank you Madam President. Well, I’ll try to slow the speech down a little on the Senate floor this year but I have been informed that many of the members like to get out early in the afternoon to be able to exercise their senior discount at the buffet so, I thought I’d like to rush the process along a little bit to allow you to get there a little bit there earlier in the afternoon. I just want to say what an honor it is to represent the people in the Forty-Second Legislative District in Whatcom County here in this chamber. It’s a great thrill to be here and to look at the walls and know the history and to see the people sitting on this floor and the dedication they have to the people they represent and just to be part of it is very exciting. Madam Speaker, Madam President, man if I do that…Wow, we never even had a Madam Speaker either which is the funny part about it. Madam President, one of the great things about Whatcom County, it’s a phenomenal place, and the gifts I’ll talk about those in a second. But Whatcom County is defended from the south with the Chukanut Mountains and on the northern border we defend the rest of Washington State from Canada. As the Canadians come through we try to disarm them of their money at our malls before they get to the Burlington Outlet Mall, before they get to Tulalip Village and before they get to Bellevue Square. But Whatcom County it is the land of oil and aluminum. It’s the land of berries and dairies. It’s the land of timber and fish. We’re the only district in the entire nation that has an overseas property at Point Roberts, where we’re able to go through two international borders crossings to come down to Point Roberts. We’re unique in so many ways. We’re the land of the Nooksack Valley Pioneers, and we’re the land of the Lummy Nation Blackhawks. We’re a truly diverse region, made up of wonderful people. The gifts that I am passing out today, the first one that celebrates the Ski to Sea of Whatcom County. People talk about how beautiful their districts are but truly Whatcom County cannot be compared to any of the ones because its such a phenomenal place. The Mt. Baker ski area holds the world record for the most snow in a single ski season. Over ninety-five feet, one-thousand one-hundred forty inches of snow fell at Mt. Baker in 1999 leading clearly to a catastrophic global cooling. Mt. Baker has the highest average snow fall in any resort in the world at six hundred forty-seven inches per year. It’s an amazing place and being passed out to you today is a lift ticket for anybody who’d like to utilize it to come and see the Mt. Baker ski area first hand. The pictures included on that card goes with the lift ticket are taken by Grant Gunderson, world reknown ski photographer. The best in the world. Also resides in Whatcom County and the Mt. Baker ski area is actually run right now by high school classmates of mine, the Howett family. The other gift that we’re passing out today celebrates the sea portion of the Sea to Ski in Whatcom County. That’s a can of albacore tuna, caught off the Washington Coast but packed in Bellingham by Bornstein Sea Food. Bornstein Sea Food began in 1930 during the Depression, was taken over by Jay Bornstein. Now it’s been passed on to Collin Bornstein also a high school class mate of mine who served as CEO of this corporation. One of the largest packers of tuna on the West Coast but also the only company that packs only tuna caught off the Washington Coast. They do not import the tuna from any other place. Its dolphin safe and very high in Omega 3. It’s a great company but it really demonstrates the great diversity of Whatcom County and the Sea to Ski from Mt. Baker, to Bornstein Sea Food and all the places in between. So, from Whatcom County to the rest of Washington State and to the Senators here today thanks again for the opportunity to be here to pass this first piece of legislation and let you know how excited I am to serve with you here in the Washington State Senate.”

SECOND READING

SENATE BILL NO. 5192, by Senators Nelson, Swecker and Chase

Concerning provisions for notifications and appeals timelines under the shoreline management act.

MOTIONS

On motion of Senator Nelson, Substitute Senate Bill No. 5192 was substituted for Senate Bill No. 5192 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Nelson, the rules were suspended, Substitute Senate Bill No. 5192 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Nelson spoke in favor of passage of the bill.

Senators Schoesler and Conway spoke on final passage of the bill.

MOTION

On motion of Senator White, Senator Regala was excused.

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5192.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5192 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

Voting nay: Senators Holmquist Newbry and Honeyford

Excused: Senator Regala

SUBSTITUTE SENATE BILL NO. 5192, 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.

PERSONAL PRIVILEGE

Senator Nelson: “First of all it is an honor to be here on the Senate floor and like all of our districts we have wonderful small businesses in the Thirty-Fourth. One of those sits in the heart of Vashon Island where I live. It was Stewart Brothers Coffee and when we first moved there in 1994 as you drove down Vashon Highway you could smell the roastery and roasting certainly seems to be a part of the Senate. So, now, I have a present to you from Minglement, that took over that roasterie and hopefully you will be enjoying the Orca blend, the Wolf Town blend or the Vashon blend this weekend. They have wonderful coffee and I do want to mention to all of you that I was very nervous standing today. I’ve watched the proceedings this week and even though I have silver hair, Senators Ranker, Hobbs and Hatfield have always focused on the good representative from the Forty-First and I ask them why and they said, ‘my hair moves’. I also have to say to the good representative from the Forty-Seventh who was born in Hawaii. I grew up there. But there’s no attention to that because I have a birth certificate from Minnesota. Finally, I’ve listened to the music of the Chipmunks yesterday from the good Senator from the Sixth and I don’t know hear my music on this floor today, it’s called the Dixie Chicks ‘Not Ready to Back Down.’ Thank you so much , I really enjoy being here.”

SECOND READING

SENATE BILL NO. 5505, by Senators Hill, Chase, Fain, Pridemore, Stevens, Nelson, Litzow, Swecker, Honeyford and Schoesler

Allowing the use of federal census data to determine the resident population of annexed territory.

The measure was read the second time.

MOTION

On motion of Senator Hill, Substitute Senate Bill No. 5505 was not substituted for Senate Bill No. 5505 and the substitute bill was not adopted.

MOTION

Senator Hill moved that the following striking amendment by Senators Hill and Chase be adopted:

0)0)Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 35.13.260 and 1979 c 151 s 25 are each amended to read as follows:

(1) Whenever any territory is annexed to a city or town, a certificate as hereinafter provided shall be submitted in triplicate to the office of financial management, hereinafter in this section referred to as "the office", within thirty days of the effective date of annexation specified in the relevant ordinance. After approval of the certificate, the office shall retain the original copy in its files, and transmit the second copy to the department of transportation and return the third copy to the city or town. Such certificates shall be in such form and contain such information as shall be prescribed by the office. A copy of the complete ordinance containing a legal description and a map showing specifically the boundaries of the annexed territory shall be attached to each of the three copies of the certificate. The certificate shall be signed by the mayor and attested by the city clerk. Upon request, the office shall furnish certification forms to any city or town.

(2)(a) The resident population of the annexed territory shall be determined by, or under the direction of, the mayor of the city or town. ((~~Such population determination shall consist of an actual enumeration of the population which shall be made in accordance with practices and policies, and subject to the approval of, the office.~~))

(b) If the annexing city or town has a population of ten thousand or less, the annexed territory consists entirely of one or more partial federal census blocks, or 2010 federal decennial census data has not been released within twelve months immediately prior to the date of annexation, the population determination shall consist of an actual enumeration of the population.
      (c) In any circumstance, the city or town may choose to have the population determination of the entire annexed territory consist of an actual enumeration. However, if the city or town does not use actual enumeration for determining population, the annexed territory includes or consists of one or more complete federal census blocks, and 2010 federal decennial census data has been released within twelve months immediately prior to the date of annexation, the population determination shall consist of:
      (i) Relevant 2010 federal decennial census data pertaining to the complete block or blocks, as such data has been updated by the most recent official population estimate released by the office pursuant to RCW 43.62.030;
      (ii) An actual enumeration of any population located within the annexed territory but outside the complete federal census block or blocks; and
      (iii) If the office, at least two weeks prior to the date of annexation, confirms the existence of a known census error within a complete federal census block and identifies a structure or complex listed in (c)(iii)(A) through (E) of this subsection (2) as a likely source of the error, an actual enumeration of one or more of the block's identified:
      (A) Group quarters;
      (B) Mobile home parks;
      (C) Apartment buildings that are composed of at least fifty units and are certified for occupancy between January 1, 2010, and April 1, 2011;
      (D) Missing subdivisions; and
      (E) Closures of any of the categories in (c)(iii)(A) through (D) of this subsection.
      (d) Whenever an actual enumeration is used, it shall be made in accordance with the practices and policies of, and subject to the approval of, the office.
      (e) The city or town shall be responsible for the full cost of the population determination.
      (3) The population shall be determined as of the effective date of annexation as specified in the relevant ordinance.

Until an annexation certificate is filed and approved as provided herein, such annexed territory shall not be considered by the office in determining the population of such city or town.

Upon approval of the annexation certificate, the office shall forward to each state official or department responsible for making allocations or payments to cities or towns, a revised certificate reflecting the increase in population due to such annexation. Upon and after the date of the commencement of the next quarterly period, the population determination indicated in such revised certificate shall be used as the basis for the allocation and payment of state funds to such city or town.

For the purposes of this section, each quarterly period shall commence on the first day of the months of January, April, July, and October. Whenever a revised certificate is forwarded by the office thirty days or less prior to the commencement of the next quarterly period, the population of the annexed territory shall not be considered until the commencement of the following quarterly period.

Sec. 2. RCW 35A.14.700 and 1979 ex.s. c 18 s 28 are each amended to read as follows:

(1) Whenever any territory is annexed to a code city, a certificate as hereinafter provided shall be submitted in triplicate to the office of financial management within thirty days of the effective date of annexation specified in the relevant ordinance. After approval of the certificate, the office of financial management shall retain the original copy in its files, and transmit the second copy to the department of transportation and return the third copy to the code city. Such certificates shall be in such form and contain such information as shall be prescribed by the office of financial management. A copy of the complete ordinance containing a legal description and a map showing specifically the boundaries of the annexed territory shall be attached to each of the three copies of the certificate. The certificate shall be signed by the mayor and attested by the city clerk. Upon request, the office of financial management shall furnish certification forms to any code city.

(2)(a) The resident population of the annexed territory shall be determined by, or under the direction of, the mayor of the code city. (b) If the annexing code city has a population of ten thousand or less, the annexed territory consists entirely of one or more partial federal census blocks, or 2010 federal decennial census data has not been released within twelve months immediately prior to the date of annexation, the population determination shall consist of an actual enumeration of the population.
      (c) In any circumstance, the code city may choose to have the population determination of the entire annexed territory consist of an actual enumeration. However, if the code city does not use actual enumeration for determining population, the annexed territory includes or consists of one or more complete federal census blocks, and 2010 federal decennial census data has been released within twelve months immediately prior to the date of annexation, the population determination shall consist of:
      (i) Relevant 2010 federal decennial census data pertaining to the complete block or blocks, as such data has been updated by the most recent official population estimate released by the office of financial management pursuant to RCW 43.62.030;
      (ii) An actual enumeration of any population located within the annexed territory but outside the complete federal census block or blocks; and
      (iii) If the office of financial management, at least two weeks prior to the date of annexation, confirms the existence of a known census error within a complete federal census block and identifies a structure or complex listed in (c)(iii)(A) through (E) of this subsection (2) as a likely source of the error, an actual enumeration of one or more of the block's identified:
      (A) Group quarters;
      (B) Mobile home parks;
      (C) Apartment buildings that are composed of at least fifty units and are certified for occupancy between January 1, 2010, and April 1, 2011;
      (D) Missing subdivisions; and
      (E) Closures of any of the categories in (c)(iii)(A) through (D) of this subsection.
      (d) Whenever an actual enumeration is used, it shall be made in accordance with the practices and policies of, and subject to the approval of, the office of financial management.
      (e) The code city shall be responsible for the full cost of the population determination.
      (3) Upon approval of the annexation certificate, the office of financial management shall forward to each state official or department responsible for making allocations or payments to cities or towns, a revised certificate reflecting the increase in population due to such annexation. Upon and after the date of the commencement of the next quarterly period, the population determination indicated in such revised certificate shall be used as the basis for the allocation and payment of state funds to such city or town.

For the purposes of this section, each quarterly period shall commence on the first day of the months of January, April, July, and October. Whenever a revised certificate is forwarded by the office of financial management thirty days or less prior to the commencement of the next quarterly period, the population of the annexed territory shall not be considered until the commencement of the following quarterly period.

((~~The resident population of the annexed territory shall be determined by, or under the direction of, the mayor of the code city.~~ Such population determination shall consist of an actual enumeration of the population which shall be made in accordance with practices and policies, and subject to the approval of the office of financial management. The population shall be determined as of the effective date of annexation as specified in the relevant ordinance.))

(4) Until an annexation certificate is filed and approved as provided herein, such annexed territory shall not be considered by the office of financial management in determining the population of such code city."

Senator Hill spoke in favor of adoption of the striking amendment.

POINT OF INQUIRY

Senator Sheldon: “Would Senator Hill yield to a question? I was wondering on this amendment, in Section Two and that’s Subsection Three of number C it reads. If I might Madam President? It reads if the Office of Financial Management ‘at least two weeks prior to the day of annexation confirms the existence of known census air within a complete federal census block that identifies a structure or complex listed in sub c iii A through E of this subsection 2 as a likely source of the error and actually a numeration of one or more of blocks identified’. Could you give us a little more explanation of that sentence?”

Senator Hill: “I would refer that to the Ranking Member to answer that.”

Senators Swecker, Eide and McAuliffe spoke on adoption of the striking amendment.

POINT OF INQUIRY

Senator Schoesler: “Would Senator Chase yield to a question? Senator, do you believe that by co-sponsoring this amendment with the new gentleman from the Forty-Fifth District that you may have ruined him for life in Kirby Wilber’s eyes?”

Senator Chase: “I signed onto this striking amendment to let you know that it was a struggle because it was a thoroughly a worked bill and all of the stakeholders were at the table but I want to say that my new colleague wanted to count the ever increasing numbers of mobile homes parks in the assumption area, there’s only one. You know, we’re not issuing any additional permits but he also wanted to count all the wildlife in St. Edwards Park which is adjacent to the assumption area but not in it. So, it took a lot of work and I put my name on it this striking amendment to let you know that he brought him to heel and he’s going to be a good member of this body.”

POINT OF INQUIRY

Senator Hatfield: “Would Senator Hobbs yield to a question? So Senator I’m trying to figure out which one of the fab four brought this bill forward? Is it the guy with the hair?”

Senator Hobbs: “No, man. That’s Litzow from the Forty-First District and check his fancy clothes. They call him Posh Spice.”

Senator Hatfield: “Ok, that is nice hair. He must use some of those Jimmy Johnson endorsed products or something. So, is Hill the young one?”

Senator Hobbs: “No, Hill’s way older than us. No, Fain’s the young one from the Forty-Seventh District. They call him Baby Spice.”

Senator Hatfield: “So, Hill must be the cute one?”

Senator Hobbs: “No. Nope that is Baumgartner from the Sixth District. He was voted the sexiest man in Spokane, Iraq and Mozambique I believe. They call him Sexy Spice.”

Senator Hatfield: “Ok, he is sexy?”

Senator Hobbs: “Yeah, he is. Not my type. Stair Master.”

POINT OF ORDER

Senator Fain: “I just wanted to remind the good Senator from the Forty-Fourth about my guests in the gallery.”

Senator Hatfield spoke in favor of the adoption of the striking amendment.

The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Hill and Chase to Senate Bill No. 5505.

The motion by Senator Hill carried and the striking amendment was adopted by voice vote.

MOTION

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

On page 1, line 2 of the title, after "territory;" strike the remainder of the title and insert "and amending RCW 35.13.260 and 35A.14.700."

MOTION

On motion of Senator Hill, the rules were suspended, Engrossed Senate Bill No. 5505 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Hill and Pridemore spoke in favor of passage of the bill.

The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5505.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5505 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

Excused: Senator Regala

ENGROSSED SENATE BILL NO. 5505, 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.

POINT OF ORDER

Senator Eide: “I just wanted to make sure that the individuals in the gallery understand that we do roast our new Senators upon their first bill on the Senate floor. That is what you’ve experienced today.”

POINT OF INQUIRY

Senator Schoesler: “Would Senator Fain yield to a question? On this occasion, what tributes do you bring to the members of this body as the newest Spice Boy.”

PERSONAL PRIVILEGE

Senator Fain: “Well I would of brought Old Spice had I known what my fellow Senators were cooking up. And speaking to my daughter this morning and she said to me, Hey dad, I get the hazing but don’t you have more important things to do?’ So, I tried to explain to her about the traditions and the deference that we must pay to our other Senators. I really am truly honored to serve in this body and alongside such learned and impressive people. I must say though as I look at my fellow freshman I’m suffering of feelings of inadequacy. You know I no longer possess the youthful exuberance of my friend from the Forty-Seventh and I’ll never have the hair of our Senator from the Forty-First and it’s clear that my appeal the opposite sex pales in comparison to our fabled and famous heart throb from the Sixth. Yes, true. So, as I deal with these feelings of inadequacy I only hope that I can bring eagerness to learn from you and work together with all of you to bring some change to this great state of ours. I look forward working with in the days and years to come.

As a token of my honor and appreciation I’d like to bestow on you something from my district from Woodinville. Woodinville is fairly famous for wine but I prefer the grain over the grape and I especially think on a Friday afternoon. Woodinville is home to the Red Hook Brewery and some may call it cliché but others call it Red Hook time. So, this will delivered to your offices later. There will be a gift card to let you take a free tour of the brewery coming and so please enjoy. Thank you so much for welcoming with such open arms to this great body.”

SECOND READING

SENATE BILL NO. 5058, by Senators Pflug, Kline and Harper

Addressing receiverships.

The measure was read the second time.

MOTION

Senator Pflug moved that the following amendment by Senators Pflug and Kline be adopted:

0)0)On page 5, after line 16, strike everything through "units;" on line 22 and insert the following:
      "((~~(ee) Under RCW 64.32.200(2), in an action to foreclose upon a lien for common expenses against a dwelling unit subject to the horizontal property regimes act, chapter 64.32 RCW;~~
      ~~(ff) Under RCW 64.34.364(10), in an action by a unit owners' association to foreclose a lien for nonpayment of delinquent assessments against condominium units;~~))
(ee) Under RCW 64.32.200(2), in an action or proceeding commenced under chapter 61.12 or 61.24 RCW to foreclose upon a lien for common expenses against a dwelling unit subject to the horizontal property regimes act, chapter 64.32 RCW. For purposes of this subsection (1)(ee), a judicial action is commenced as provided in superior court civil rule 3(a) and a nonjudicial proceeding is commenced under chapter 61.24 RCW upon the service of notice of default described in RCW 61.24.030(8);
      (ff) Under RCW 64.34.364(10), in an action or proceeding commenced under chapter 61.12 or 61.24 RCW by a unit owners' association to foreclose a lien for nonpayment of delinquent assessments against condominium units. For purposes of this subsection 1(ff), a judicial action is commenced as provided in superior court civil rule (3)(a) and a nonjudicial proceeding is commenced under chapter 61.24 RCW upon the service of notice of default described in RCW 61.24.030(8);"

On page 11, line 1, after "RCW 7.60.025(1)(b)" insert ", (ee), or (ff)"

Senator Pflug spoke in favor of adoption of the amendment.

The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Pflug and Kline on page 5, after line 16 to Senate Bill No. 5058.

The motion by Senator Pflug carried and the amendment was adopted by voice vote.

MOTION

On motion of Senator Pflug, the rules were suspended, Engrossed Senate Bill No. 5058 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Pflug spoke in favor of passage of the bill.

The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5058.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5058 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

Excused: Senator Regala

ENGROSSED SENATE BILL NO. 5058, 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.

PERSONAL PRIVILEGE

Senator Hill: “Thank you Madam President. I just wanted to say that I’ve ask that Senator Hatfield or the great Senator from Nineteenth, I’ve asked that his beer be diverted to the Senator of the Forty-Second and I will be sending a tee shirt over to your office.”

PERSONAL PRIVILEGE

Senator Parlette: “Thank you, I know it is your duty to introduce folks in the gallery but they just got here and everybody is hungry for lunch and I would like to welcome the University of Washington, WSU students to my office which is right off the floor of the Senate if they’d like to visit. We are honored today to have the pharmacy students from the University of Washington and Washington State University in our gallery.”

PERSONAL PRIVILEGE

Senator Kohl-Welles: “A little addendum to Senator Eide’s announcement of her thirty-fifth wedding anniversary next Monday. I will always remember that because it coincides with our Nisqually Earthquake. It is the tenth anniversary of that horrible earthquake on Monday during which I was the only person in the Senate chamber and later rescued Senator Eide’s roses from her husband.”

MOTION

At 11:39 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

AFTERNOON SESSION

The Senate was called to order at 4:48 p.m. by Senator Conway.

MOTION

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

REPORTS OF STANDING COMMITTEES

February 24, 2011

SB 5017 Prime Sponsor, Senator Regala: Providing a property tax exemption for property held under lease, sublease, or lease-purchase by a nonprofit organization that provides job training, placement, or preemployment services. Reported by Committee on Ways & Means

MAJORITY recommendation: That Substitute Senate Bill No. 5017 be substituted therefor, and the substitute bill do pass. Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Brown; Conway; Hatfield; Hewitt; Honeyford; Kastama; Keiser; Kohl-Welles; Pridemore and Regala.

MINORITY recommendation: Do not pass. Signed by Senators Parlette; Fraser; Holmquist Newbry; Pflug and Rockefeller.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Zarelli; Baumgartner; Baxter and Tom.