TWENTY FOURTH DAY

 


MORNING SESSION

 

Senate Chamber, Olympia, Wednesday, February 1, 2012

 

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 with the exception of Senator Carrell.

The Sergeant at Arms Color Guard consisting of Pages Turi Abbott and Claire Pepple, presented the Colors. Pastor James Maultsby, Oakridge Ministries of Rainier 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

 

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

 

REPORTS OF STANDING COMMITTEES

 

January 30, 2012

SB 5737            Prime Sponsor, Senator Kastama: Promoting economic development by establishing an intuitive trade assistance web portal.  Reported by Committee on Economic Development, Trade & Innovation

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5737 be substituted therefor, and the substitute bill do pass.  Signed by Senators Kastama, Chair; Chase, Vice Chair; Hatfield; Kilmer; Shin and Zarelli.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Baumgartner; Ericksen and Holmquist Newbry.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 5978            Prime Sponsor, Senator Pflug: Concerning medicaid fraud.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5978 as recommended by Committee on Health & Long-Term Care be substituted therefor, and the substitute bill do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Brown; Conway; Fraser; Harper; Kastama; Keiser; Kohl-Welles; Pflug; Regala and Tom.

 

MINORITY recommendation:  Do not pass.  Signed by Senator Honeyford.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Zarelli; Parlette; Baumgartner; Hewitt; Padden and Schoesler.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6009            Prime Sponsor, Senator Carrell: Regarding ethics in public service.  Reported by Committee on Government Operations, Tribal Relations & Elections

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6009 be substituted therefor, and the substitute bill do pass.  Signed by Senators Pridemore, Chair; Prentice, Vice Chair; Swecker; Benton; Chase; Nelson and Roach.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6060            Prime Sponsor, Senator Keiser: Allowing day spas to offer or supply without charge wine or beer by the individual glass to a customer for consumption on the premises.  Reported by Committee on Labor, Commerce & Consumer Protection

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6060 be substituted therefor, and the substitute bill do pass.  Signed by Senators Kohl-Welles, Chair; Conway, Vice Chair; King; Keiser and Kline.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6077            Prime Sponsor, Senator Nelson: Generating additional revenue from the sale of solid fuel burning devices.  Reported by Committee on Environment

 

MAJORITY recommendation:  Do pass.  Signed by Senators Nelson, Chair; Rolfes, Vice Chair; Chase; Fraser and Pridemore.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Ericksen; Honeyford; Morton and Sheldon.

 

Passed to Committee on Ways & Means.

 

January 31, 2012

SB 6102            Prime Sponsor, Senator Regala: Protecting air quality that is impacted by high emitting solid fuel burning devices.  Reported by Committee on Environment

 

MAJORITY recommendation:  Do pass.  Signed by Senators Nelson, Chair; Rolfes, Vice Chair; Ericksen; Chase; Fraser and Pridemore.

 

MINORITY recommendation:  Do not pass.  Signed by Senator Honeyford.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6108            Prime Sponsor, Senator Harper: Clarifying the location at which the crime of theft of rental, leased, lease-purchased, or loaned property occurs.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Senators Kline, Chair; Pflug; Carrell; Hargrove; Kohl-Welles; Padden; Regala and Roach.

 

Passed to Committee on Rules for second reading.

 

January 30, 2012

SB 6140            Prime Sponsor, Senator Kilmer: Concerning local economic development financing.  Reported by Committee on Economic Development, Trade & Innovation

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6140 be substituted therefor, and the substitute bill do pass.  Signed by Senators Kastama, Chair; Chase, Vice Chair; Ericksen; Hatfield; Kilmer; Shin and Zarelli.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Baumgartner and Holmquist Newbry.

 

Passed to Committee on Rules for second reading.

 

January 30, 2012

SB 6142            Prime Sponsor, Senator Kilmer: Changing agency regulatory practices.  Reported by Committee on Economic Development, Trade & Innovation

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6142 be substituted therefor, and the substitute bill do pass.  Signed by Senators Kastama, Chair; Chase, Vice Chair; Ericksen; Hatfield; Holmquist Newbry; Kilmer; Shin and Zarelli.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senator Baumgartner.

 

Passed to Committee on Rules for second reading.

 

January 30, 2012

SB 6144            Prime Sponsor, Senator Ranker: Authorizing the department of natural resources to provide wildfire protection services for public lands managed by state agencies.  Reported by Committee on Energy, Natural Resources & Marine Waters

 

MAJORITY recommendation:  Do pass.  Signed by Senators Ranker, Chair; Regala, Vice Chair; Delvin; Morton; Fraser; Hargrove; Stevens and Swecker.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6162            Prime Sponsor, Senator Regala: Concerning missing endangered persons.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Senators Kline, Chair; Pflug; Carrell; Hargrove; Kohl-Welles; Padden; Regala and Roach.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6163            Prime Sponsor, Senator Ericksen: Directing the department of ecology to coordinate discussions with the province of British Columbia to study the feasibility of providing new water supplies and storage to benefit residents of western Washington.  Reported by Committee on Agriculture, Water & Rural Economic Development

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6163 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hatfield, Chair; Shin, Vice Chair; Honeyford; Becker; Delvin; Haugen; Hobbs and Schoesler.

 

Passed to Committee on Rules for second reading.

 

January 30, 2012

SB 6168            Prime Sponsor, Senator Ranker: Setting a deadline for developing guidance for the siting of renewable energy facilities in the state's marine waters.  Reported by Committee on Energy, Natural Resources & Marine Waters

 

MAJORITY recommendation:  Do pass.  Signed by Senators Ranker, Chair; Regala, Vice Chair; Delvin; Morton; Fraser; Hargrove; Stevens and Swecker.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6181            Prime Sponsor, Senator Keiser: Regulating insurers and insurance products.  Reported by Committee on Financial Institutions, Housing & Insurance

 

MAJORITY recommendation:  Do pass.  Signed by Senators Hobbs, Chair; Prentice, Vice Chair; Benton; Fain; Haugen; Keiser and Litzow.

 

Passed to Committee on Rules for second reading.

 

January 30, 2012

SB 6188            Prime Sponsor, Senator Ranker: Clarifying procedures for appealing the adoption of a local shoreline master program by ensuring consistency with existing procedural provisions of the growth management act, chapter 36.70A RCW, the administrative procedure act, chapter 34.05 RCW, and the state environmental policy act, chapter 43.21C RCW.  Reported by Committee on Energy, Natural Resources & Marine Waters

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6188 be substituted therefor, and the substitute bill do pass.  Signed by Senators Ranker, Chair; Regala, Vice Chair; Delvin; Morton; Fraser; Hargrove; Stevens and Swecker.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6198            Prime Sponsor, Senator Pridemore: Centralizing the authority and responsibility for the development, process, and oversight of state procurement of goods and services.  Reported by Committee on Government Operations, Tribal Relations & Elections

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6198 be substituted therefor, and the substitute bill do pass.  Signed by Senators Pridemore, Chair; Prentice, Vice Chair; Swecker; Benton; Chase; Nelson and Roach.

 

Passed to Committee on Rules for second reading.

 

January 30, 2012

SB 6220            Prime Sponsor, Senator Nelson: Regarding the effective date of RCW 19.122.130, from the underground utility damage prevention act.  Reported by Committee on Energy, Natural Resources & Marine Waters

 

MAJORITY recommendation:  Do pass.  Signed by Senators Ranker, Chair; Regala, Vice Chair; Delvin; Morton; Fraser; Hargrove; Stevens and Swecker.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6235            Prime Sponsor, Senator Hobbs: Regulating the licensing of escrow agents.  Reported by Committee on Financial Institutions, Housing & Insurance

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6235 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hobbs, Chair; Prentice, Vice Chair; Benton; Fain; Haugen; Keiser and Litzow.

 

Passed to Committee on Rules for second reading.

 

January 30, 2012

SB 6238            Prime Sponsor, Senator Brown: Revising provisions concerning regulation of aviation biofuels production.  Reported by Committee on Energy, Natural Resources & Marine Waters

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6238 be substituted therefor, and the substitute bill do pass.  Signed by Senators Ranker, Chair; Regala, Vice Chair; Delvin; Morton; Hargrove; Stevens and Swecker.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6252            Prime Sponsor, Senator Kline: Addressing commercial sexual abuse of a minor and promoting prostitution in the first degree.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6252 be substituted therefor, and the substitute bill do pass.  Signed by Senators Harper, Vice Chair; Carrell; Kohl-Welles; Padden; Regala and Roach.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6253            Prime Sponsor, Senator Eide: Concerning seizure and forfeiture of property in commercial sexual abuse of a minor and promoting prostitution in the first degree crimes.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6253 be substituted therefor, and the substitute bill do pass.  Signed by Senators Harper, Vice Chair; Carrell; Kohl-Welles; Padden; Regala and Roach.

 

Passed to Committee on Rules for second reading.

 

January 30, 2012

SB 6263            Prime Sponsor, Senator Ranker: Facilitating marine management planning.  Reported by Committee on Energy, Natural Resources & Marine Waters

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6263 be substituted therefor, and the substitute bill do pass.  Signed by Senators Ranker, Chair; Regala, Vice Chair; Delvin; Morton; Fraser; Hargrove; Stevens and Swecker.

 

Passed to Committee on Ways & Means.

 

January 30, 2012

SB 6265            Prime Sponsor, Senator Kohl-Welles: Addressing the medical use of cannabis.  Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6265 be substituted therefor, and the substitute bill do pass.  Signed by Senators Keiser, Chair; Frockt; Kline; Pflug and Pridemore.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Becker and Parlette.

 

Passed to Committee on Ways & Means.

 

January 31, 2012

SB 6294            Prime Sponsor, Senator Pridemore: Addressing quorum requirements for homeowners' association meetings.  Reported by Committee on Financial Institutions, Housing & Insurance

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6294 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hobbs, Chair; Prentice, Vice Chair; Benton; Fain; Haugen; Keiser and Litzow.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6295            Prime Sponsor, Senator Morton: Modifying certain exchange facilitator requirements.  Reported by Committee on Financial Institutions, Housing & Insurance

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6295 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hobbs, Chair; Prentice, Vice Chair; Benton; Fain; Haugen; Keiser and Litzow.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6324            Prime Sponsor, Senator Fain: Concerning the obligations of landlords and tenants with respect to carbon monoxide alarms and the disclosure of certain health-related information.  Reported by Committee on Financial Institutions, Housing & Insurance

 

MAJORITY recommendation:  Do pass.  Signed by Senators Hobbs, Chair; Prentice, Vice Chair; Benton; Fain; Keiser and Litzow.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6325            Prime Sponsor, Senator Holmquist Newbry: Exempting common interest community managers from real estate broker and managing broker licensing requirements.  Reported by Committee on Labor, Commerce & Consumer Protection

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6325 be substituted therefor, and the substitute bill do pass.  Signed by Senators Kohl-Welles, Chair; Conway, Vice Chair; King; Keiser and Kline.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6337            Prime Sponsor, Senator Frockt: Protecting short sale sellers from payment of forgiven home loan debt if such debt forgiveness is reported to the internal revenue service.  Reported by Committee on Financial Institutions, Housing & Insurance

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6337 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hobbs, Chair; Prentice, Vice Chair; Benton; Fain; Haugen; Keiser and Litzow.

 

Passed to Committee on Rules for second reading.

 

January 30, 2012

SB 6359            Prime Sponsor, Senator Eide: Modifying provisions related to the office of regulatory assistance.  Reported by Committee on Economic Development, Trade & Innovation

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6359 be substituted therefor, and the substitute bill do pass.  Signed by Senators Kastama, Chair; Chase, Vice Chair; Baumgartner; Ericksen; Kilmer and Shin.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Holmquist Newbry and Zarelli.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6363            Prime Sponsor, Senator Swecker: Addressing the mobilization of all risk resources during an emergency.  Reported by Committee on Government Operations, Tribal Relations & Elections

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6363 be substituted therefor, and the substitute bill do pass.  Signed by Senators Pridemore, Chair; Prentice, Vice Chair; Swecker; Benton; Chase; Nelson and Roach.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6392            Prime Sponsor, Senator Ranker: Establishing a farm internship program.  Reported by Committee on Labor, Commerce & Consumer Protection

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6392 be substituted therefor, and the substitute bill do pass.  Signed by Senators Kohl-Welles, Chair; Conway, Vice Chair; Holmquist Newbry; King; Keiser and Kline.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6443            Prime Sponsor, Senator Haugen: Addressing the notice given to owners of life insurance policies about alternative transactions.  Reported by Committee on Financial Institutions, Housing & Insurance

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6443 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hobbs, Chair; Prentice, Vice Chair; Benton; Fain; Haugen; Keiser and Litzow.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6465            Prime Sponsor, Senator Holmquist Newbry: Concerning raffles exceeding five thousand dollars.  Reported by Committee on Labor, Commerce & Consumer Protection

 

MAJORITY recommendation:  Do pass.  Signed by Senators Kohl-Welles, Chair; Conway, Vice Chair; Holmquist Newbry; King; Keiser and Kline.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6472            Prime Sponsor, Senator Harper: Concerning disclosure of carbon monoxide alarms in real estate transactions.  Reported by Committee on Financial Institutions, Housing & Insurance

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6472 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hobbs, Chair; Prentice, Vice Chair; Benton; Fain; Haugen and Litzow.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6512            Prime Sponsor, Senator Holmquist Newbry: Regarding irrigation and rehabilitation district administration.  Reported by Committee on Agriculture, Water & Rural Economic Development

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6512 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hatfield, Chair; Shin, Vice Chair; Honeyford; Becker; Delvin; Haugen; Hobbs and Schoesler.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SB 6542            Prime Sponsor, Senator Chase: Regarding the assignment of intellectual property rights at institutions of higher education.  Reported by Committee on Higher Education & Workforce Development

 

MAJORITY recommendation:  That it be referred without recommendation.  Signed by Senators Tom, Chair; Shin, Vice Chair; Hill; Becker; Frockt; Kastama; Kilmer and Stevens.

 

Passed to Committee on Economic Development, Trade & Innovation.

 

January 31, 2012

SB 6566            Prime Sponsor, Senator Litzow: Adjusting when a judgment lien on real property commences.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  That it be referred without recommendation.  Signed by Senators Kline, Chair; Harper, Vice Chair; Pflug; Hargrove; Kohl-Welles; Padden; Regala and Roach.

 

Passed to Committee on Financial Institutions, Housing & Insurance.

 

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

 

January 31, 2012

SGA 9144         JUDI OWENS, reappointed on January 6, 2011, for the term ending at the governors pleasure, as Member of the Investment Board.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators  Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Parlette; Brown; Conway; Fraser; Harper; Hatfield; Kastama; Keiser; Kohl-Welles; Padden; Pflug; Regala and Schoesler.

 

MINORITY recommendation:  That said appointment be referred without recommendation.  Signed by Senators Baumgartner and Tom.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SGA 9153         MIKE RAGAN, reappointed on March 11, 2011, for the term ending at the governors pleasure, as Member of the Investment Board.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators  Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Parlette; Brown; Conway; Fraser; Harper; Hatfield; Kastama; Keiser; Kohl-Welles; Padden; Pflug and Regala.

 

MINORITY recommendation:  That said appointment be referred without recommendation.  Signed by Senators Baumgartner; Schoesler and Tom.

Passed to Committee on Rules for second reading.

 

January 31, 2012

SGA 9248         AMIT RANADE, appointed on December 1, 2011, for the term ending December 31, 2015, as Member of the Public Disclosure Commission.  Reported by Committee on Government Operations, Tribal Relations & Elections

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators Pridemore, Chair; Prentice, Vice Chair; Swecker; Chase; Nelson and Roach.

 

Passed to Committee on Rules for second reading.

 

January 31, 2012

SGA 9272         NATASHA K PRANGER, appointed on January 1, 2012, for the term ending December 31, 2014, as Member of the Investment Board.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators  Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Parlette; Brown; Conway; Fraser; Harper; Hatfield; Kastama; Keiser; Kohl-Welles; Padden; Pflug and Regala.

 

MINORITY recommendation:  That said appointment be referred without recommendation.  Signed by Senators Baumgartner; Schoesler and Tom.

 

Passed to Committee on Rules for second reading.

 

MOTION

 

On motion of Eide, all measures listed on the Standing Committee report were referred to the committees as designated with the exception of Senate Bill No. 6140 , Senate Bill No. 6163 which were referred to the Committee on Ways & Means and Senate Bill No. 6265 which was referred to the Committee on Rules.

 

MOTION

 

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

 

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

 

January 31, 2012

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

LEWIS EDELHEIT, appointed January 24, 2012, for the term ending October 1, 2013, as Member of The Life Sciences Discovery Fund Authority Board of Trustees.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Labor, Commerce & Consumer Protection.

 

MOTION

 

On motion of Senator Eide, the appointee listed on the Gubernatorial Appointment report was referred to the committee as designated.

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

 

SB 6567             by Senators Zarelli and Benton

 

AN ACT Relating to modifying the state expenditure limit to ensure that the paramount duty of educating children is met through a reprioritization of state government expenditures; amending RCW 43.135.025; creating a new section; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

SB 6568             by Senators Pridemore and Shin

 

AN ACT Relating to establishing the center for childhood deafness and hearing loss account and the school for the blind account; amending RCW 43.79A.040; adding new sections to chapter 72.40 RCW; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

SB 6569             by Senator Morton

 

AN ACT Relating to vehicle dealers in counties with a population of ten thousand or less; amending RCW 46.70.021 and 46.70.115; and prescribing penalties.

 

Referred to Committee on Transportation.

 

SB 6570             by Senators Keiser, Kohl-Welles, Conway, Kline and Benton

 

AN ACT Relating to family and medical leave; amending RCW 49.86.005, 49.86.010, 49.86.020, 49.86.030, 49.86.050, 49.86.060, 49.86.070, 49.86.080, 49.86.090, 49.86.100, 49.86.110, 49.86.120, 49.86.130, 49.86.140, 49.86.160, 49.86.170, 49.86.180, 43.79A.040, 49.86.210, 50.29.021, and 50.29.021; reenacting and amending RCW 34.05.328; adding new sections to chapter 49.86 RCW; adding a new section to chapter 82.04 RCW; repealing RCW 49.86.040; providing an effective date; and providing expiration dates.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 6571             by Senator Kohl-Welles

 

AN ACT Relating to strengthening the department of revenue's ability to collect spirits taxes imposed under RCW 82.08.150; amending RCW 82.03.190, 66.24.010, 66.08.150, 34.05.422, and 82.32.145; reenacting and amending RCW 82.32.080; adding a new section to chapter 82.08 RCW; adding a new section to chapter 66.28 RCW; creating a new section; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

SB 6572             by Senators Harper, Schoesler, Hobbs, Swecker, Hatfield, Roach, Pridemore, Fain, Conway, Shin and Benton

 

AN ACT Relating to interpreter services; and adding a new section to chapter 43.19 RCW.

 

Referred to Committee on Ways & Means.

 

SB 6573             by Senators Chase, Pridemore, Rolfes, Conway and Kline

 

AN ACT Relating to addressing unemployment in the construction industry; adding a new chapter to Title 39 RCW; and prescribing penalties.

 

Referred to Committee on Labor, Commerce & Consumer Protection.

 

SB 6574             by Senators Kohl-Welles, Frockt and Kline

 

AN ACT Relating to authorizing certain cities in which stadium and exhibition centers are located to impose admissions taxes in limited circumstances; and amending RCW 36.38.010.

 

Referred to Committee on Ways & Means.

 

SB 6575             by Senators Kline, Hargrove and Keiser

 

AN ACT Relating to the early release offenders; amending RCW 9.94A.728; and adding a new section to chapter 9.94A RCW.

 

Referred to Committee on Human Services & Corrections.

 

SB 6576             by Senators Brown and Tom

 

AN ACT Relating to allowing school districts to charge for the reasonable costs of responding to public records requests; amending RCW 42.56.120; and adding a new section to chapter 28A.320 RCW.

 

Referred to Committee on Ways & Means.

 

SB 6577             by Senators Brown and Conway

 

AN ACT Relating to offering health benefit subsidies for certain retired public employees; and adding a new section to chapter 41.05 RCW.

 

Referred to Committee on Ways & Means.

 

MOTION

 

On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Senate Bill No. 6572 which was referred to the Committee on Ways & Means.

 

MOTION

 

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

 

MOTION

 

Senator Kohl-Welles moved adoption of the following resolution:

 

SENATE RESOLUTION
8673

By Senators Kohl-Welles, Fraser, Brown, Kilmer, Murray, Parlette, Tom, Harper, Conway, Baumgartner, Rolfes, Regala, Kastama, Chase, Padden, Pridemore, Keiser, Nelson, Ranker, Benton, McAuliffe, and Roach

      WHEREAS, Participation in athletics is one of the most effective ways for girls and women in the United States to develop leadership skills, discipline, initiative, and self-confidence; and

      WHEREAS, Female athletes now compete in twenty-eight of the thirty-two total events held during the Winter and Summer Olympic Games; and

      WHEREAS, One in three girls participates in high school sports; and

      WHEREAS, Girls and women who participate in sports are shown to improve cardiovascular fitness, muscle strength, fatigue, anxiety, self-esteem, depression, happiness, and several components of quality of life; and

      WHEREAS, Adolescent and teen female athletes are more likely to have positive body images and sport participation can be used as a therapeutic and preventative intervention for enhancing physical and mental health; and

      WHEREAS, Participation in sports produces a positive self-concept, educational aspirations, better school attendance, higher math and science enrollment, more time spent on homework, and more enrollment in honors courses; and

      WHEREAS, Eighty-two percent of executive businesswomen participated in organized sports during secondary school; and

      WHEREAS, The bonds formed among girls and women through sports help to break down the social barriers of prejudice and discrimination; and

      WHEREAS, High schools and universities across Washington State continue to produce and support elite athletes who are motivated and successful in their future endeavors; and

      WHEREAS, The National Girls and Women in Sports Coalition declared February 1, 2012, to be the 26th annual National Girls and Women in Sports day; and

      WHEREAS, High school girls' athletic teams in the state of Washington have achieved many triumphs and successes that provide an inspiration to promote the values of teamwork and cooperation; and

      WHEREAS, Washington's high schools and universities foster outstanding achievements in girls' and women's sports, such as volleyball, softball, basketball, soccer, tennis, lacrosse, crew, and wrestling.  This includes accomplishments for Washington State teams such as Metro League Champions, WIAA tournament first team selections, State Academic Awards, State championships, Elite Eight NCAA tournaments winners, NCAA super regional teams, All-Big Sky conference honors, and All-American individual honors; and

      WHEREAS, Washington State's high school girls' teams have achieved many accomplishments that continue to provide a foundation for future generations of young athletes to commit to the ideas of leadership and teamwork; and

      WHEREAS, Skyline High School's girls' soccer team won the state championships; and

      WHEREAS, Holy Names Academy's track team were Metro League Champions, SeaKing District 2 Champions, and WIAA 3A State Champions; and

      WHEREAS, Holy Names Academy's Erika Johnson was Seattle Times' Washington State Player of the year 2011 for Basketball, and McDonald's All America High School Nominee; and

      WHEREAS, Auburn High School's Katrynia Todd won the State Championships in Girls' Wrestling; and

      WHEREAS, Forest Ridge School of the Sacred Heart's girls' soccer team won the State Academic award by having the highest GPA of 1A girls soccer teams in Washington State with a 3.78 average; and

      WHEREAS, Bainbridge High School's girls' swim and dive team placed second in the 3A state championships; and

      WHEREAS, Bainbridge High School's girls' lacrosse team won the state championships; and

      WHEREAS, Caitlin Chambers of Mercer Island High School was the diving champion for the 4A girls' swim league; and

      WHEREAS, Out of the 808 total athletes at the University of Washington, 413 are female; at Gonzaga University 204 out of 394 are female; and 198 out of 378 athletes at Seattle University are female; and

      WHEREAS, Northwest University's women's soccer team had six all-conference female players named players of the year and were finalists in the conference championship; and

      WHEREAS, Central Washington University's women's softball team won first place in the Great Northwest Athletic conference for the second year in a row; and

      WHEREAS, Kelsey Haupert of Central Washington University led the nation in home runs for Division 2; and

      WHEREAS, Stacey Hagensen of Pacific Lutheran University was named Northwest Conference Pitcher of the Year for Softball; and

      WHEREAS, Gonzaga University's Janelle Bekkering represented Canada at the 2010 "Federation Internationale de Basketball Amateur" (FIBA) World Championships for women's basketball; and

      WHEREAS, Western Washington's women's rowing squad won its seventh straight National Collegiate Athletic Association National Crown which is the longest winning streak by any school in any division; and

      WHEREAS, Western Washington's Sara Porter was named an All-American in women's cross country, indoor track and field, and outdoor track and field and was named Great Northwest Athletic Conference Woman Athlete of the Year; and

      WHEREAS, Eastern Washington University had fourteen student athletes from Washington State to earn All-Big Sky conference honors; and

      WHEREAS, Eastern Washington University's women's volleyball team tied for the best overall GPA of any squad, men or women's, in the Big Sky conference for the 2010-2011 academic year; and

      WHEREAS, Kyla Evans from Eastern Washington University was one of twenty-nine female student athletes among I, II, and III schools in the nation to receive a NCAA postgraduate grant to be used toward completion of an advanced degree; and

      WHEREAS, Washington State University had a total of six women from women's track and field, women's rowing, and women's volleyball named All-American athletes; and

      WHEREAS, Seattle Pacific University had four women's teams, soccer, volleyball, indoor track, and outdoor track, make it into the Great Northwest Athletic Conference Championship; and

      WHEREAS, Elle Kerfoot of Seattle University's women's basketball team was selected to represent Canada at the World University Games in China; and

      WHEREAS, University of Washington's women's volleyball and soccer teams were represented in Elite Eight NCAA Tournament; and

      WHEREAS, University of Washington's women's softball team was invited to NCAA super-regionals; and       

      WHEREAS, University of Puget Sound's women's soccer team were conference champions for the tenth year in a row, which is the longest active title streak in its women's soccer division; and

      WHEREAS, Walla Walla University's Emily Yip, Heather Mcfadden, Kara Moor, and Victoria Buell were selected onto the national All-Academic Team for Volleyball; and

      WHEREAS, The 2011 Lacrosse All-American team includes Jaclyn Biggers of Bainbridge, Katie Mincin of Issaquah, and Meaghan Hess of Snohomish; and

      WHEREAS, Auburn High School's Melanie Roach won a Bronze medal at the Pan Am Games for weight-lifting and participated in the 2008 Olympic Games in Beijing where she set an American Record for lifting 193 kilos; and

      WHEREAS, Washington is honored to be the host of the Women's National Basketball Association 2010 champions, the Seattle Storm, the only women's professional basketball team in the Northwest and the first major professional sports team in Seattle to bring home two championship titles, one in 2004 and one in 2010; and

      WHEREAS, Washington has many Roller Derby teams including the Oly Rollers who went to Nationals for the second time this year and placed second in the country;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor National Girls and Women in Sports Day on February 1, 2012, and encourage support for our states' female athletes and athletic programs; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Washington State Senate and all of the aforementioned athletes and their respective institutions.

      Senators Kohl-Welles, Ericksen, Benton and Baumgartner spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8673.

The motion by Senator Kohl-Welles carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced members of the Holly Rollers, Tannah Elwess AKA Tannibal Lector; Decoda Sordahl AKA Lil Tonka; Dani Lewis AKA Sassy and Karrara Guerrero AKA Knocker Socks off who were seated in the gallery.

 

MOTION

 

On motion of Senator Ericksen, Senators Carrell and Roach were excused.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced members of the Women in University Sports, Byron Starkey Associated Students of Western Washington University Vice President for Governmental Affairs and Joe Meyer Associated Students of Western Washington University Legislative Liaison who were seated in the gallery.

 

MOTION

 

At 10:25 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 11:24 a.m. by President Owen.

 

MOTION

 

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

 

SECOND READING

 

ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4409, by Representatives Sullivan and Kretz

 

Amending the redistricting plan for state legislative and congressional districts.

 

The measure was read the second time.

 

MOTION

 

Senator Honeyford moved that the following amendment by Senator Honeyford be adopted:

0)On page 2, line 24, after "to" strike "137,218" and insert "137,204"

On page 2, line 26, after "to" strike "137,224" and insert "137,238"

On page 8, line 16, after "(1)" insert "On page 122, line 5, after "Klickitat County" insert "(part):  Tract 9501:  Block Group 1:  Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1037, Block 1038, Block 1044, Block 1047, Block 1048, Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1056, Block 1057, Block 1060, Block 1061, Block 1064, Block 1065, Block 1066, Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078, Block 1079, Block 1080, Block 1081, Block 1082, Block 1083, Block 1084, Block 1085, Block 1086, Block 1087, Block 1088, Block 1089, Block 1090, Block 1091, Block 1092, Block 1093, Block 1094, Block 1095, Block 1096, Block 1097, Block 1098, Block 1099, Block 1100, Block 1101, Block 1102, Block 1103, Block 1104, Block 1105, Block 1106, Block 1107, Block 1108, Block 1109, Block 1110, Block 1111, Block 1112, Block 1113, Block 1114, Block 1115, Block 1116, Block 1117, Block 1118, Block 1119, Block 1120, Block 1121, Block 1122, Block 1123, Block 1124, Block 1125, Block 1126, Block 1127, Block 1128, Block 1129, Block 1130, Block 1131, Block 1132, Block 1133, Block 1134, Block 1135, Block 1136, Block 1137, Block 1138, Block 1139, Block 1140, Block 1141, Block 1142, Block 1143, Block 1144, Block 1145, Block 1146, Block 1147, Block 1148, Block 1149, Block 1150, Block 1151, Block 1152, Block 1153, Block 1154, Block 1155, Block 1156, Block 1157, Block 1158, Block 1159, Block 1160, Block 1161, Block 1162, Block 1163, Block 1164, Block 1165, Block 1166, Block 1167, Block 1168, Block 1169, Block 1170, Block 1171, Block 1172, Block 1173, Block 1174, Block 1175, Block 1176, Block 1177, Block 1178, Block 1179, Block 1180, Block 1181, Block 1182, Block 1183, Block 1184, Block 1185, Block 1186, Block 1187, Block 1188, Block 1189, Block 1190, Block 1191, Block 1192, Block 1193, Block 1194, Block 1195, Block 1196, Block 1197, Block 1198, Block 1199, Block 1200, Block 1201, Block 1202, Block 1203, Block 1204, Block 1205, Block 1206, Block 1207, Block 1208, Block 1209, Block 1210, Block 1211, Block 1212, Block 1213, Block 1214, Block 1215, Block 1216, Block 1217, Block 1218, Block 1219, Block 1220, Block 1221, Block 1222, Block 1223, Block 1224, Block 1225, Block 1226, Block 1227, Block 1228, Block 1229, Block 1230, Block 1231, Block 1232, Block 1233, Block 1234, Block 1235, Block 1236, Block 1237, Block 1238, Block 1239, Block 1240, Block 1241, Block 1242, Block 1243, Block 1244, Block 1245, Block 1246, Block 1247, Block 1248, Block 1249, Block 1250, Block 1251, Block 1252, Block 1253, Block 1254, Block 1255, Block 1256, Block 1257, Block 1258, Block 1259, Block 1260, Block 1261, Block 1262, Block 1263, Block 1264, Block 1265, Block 1266, Block 1267, Block 1268, Block 1269, Block 1270, Block 1271, Block 1272, Block 1273, Block 1274, Block 1275, Block 1276, Block 1277, Block 1278, Block 1279, Block 1280, Block 1281, Block 1282, Block 1283, Block 1284, Block 1285, Block 1286, Block 1287, Block 1288, Block 1289, Block 1290, Block 1291, Block 1292, Block 1293, Block 1294, Block 1295, Block 1296, Block 1297, Block 1298, Block 1299, Block 1300, Block 1301, Block 1302, Block 1303, Block 1304, Block 1305, Block 1306, Block 1307, Block 1308, Block 1309, Block 1310, Block 1311, Block 1312, Block 1313, Block 1314, Block 1315, Block 1316, Block 1317, Block 1318, Block 1319, Block 1320, Block 1321, Block 1322, Block 1323, Block 1324, Block 1325, Block 1326, Block 1327, Block 1328, Block 1329, Block 1330, Block 1331, Block 1332, Block 1333, Block 1334, Block 1335, Block 1336, Block 1337, Block 1338, Block 1339, Block 1340, Block 1341, Block 1342, Block 1343, Block 1344, Block 1345, Block 1346, Block 1347, Block 1348, Block 1349, Block 1350, Block 1351, Block 1352, Block 1353, Block 1354, Block 1355, Block 1356, Block 1357, Block 1358; Block Group 2; Block Group 3; Block Group 4; Block Group 5; Block Group 6; Block Group 7; Block Group 8; Tract 9502; Tract 9503"
      (2) On page 123, line 3, after "Tract 11:" insert "Block Group 1:  Block 1004;"
      (3) On page 123, line 5, after "Block 4010" insert ", Block 4026"
      (4)"

Renumber the remaining subsections.

On page 8, line 23, after "(1)" insert "On page 126, line 36, after "District 15:" insert "Klickitat County (part):  Tract 9501:  Block Group 1:  Block 1011, Block 1012, Block 1013, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1034, Block 1035, Block 1036, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1045, Block 1046, Block 1058, Block 1059, Block 1062, Block 1063;"
      (2) On page 127, at the beginning of line 25, after "1" insert ":  Block 1000, Block 1001, Block 1002, Block 1003, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021"
      (3) On page 127, line 36, after "Block 4025" strike ", Block 4026"
      (4)"

Renumber the remaining subsections.

Senator Honeyford spoke in favor of adoption of the amendment.

Senator Brown spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 2, line 24 to Engrossed House Concurrent Resolution No. 4409.

The motion by Senator Honeyford failed and the amendment was not adopted by voice vote.

 

MOTION

 

On motion of Senator Brown, the rules were suspended, Engrossed House Concurrent Resolution No. 4409 was advanced to third reading, the second reading considered the third and the resolution was placed on final passage.

      Senators Brown and Hewitt spoke in favor of passage of the resolution.

      Senator Honeyford spoke against passage of the resolution.

 

The President declared the question before the Senate to be the final passage of Engrossed House Concurrent Resolution No. 4409.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed House Concurrent Resolution No. 4409 and the resolution passed the Senate by the following vote:  Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

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

      Voting nay: Senators Baumgartner, Holmquist Newbry, Honeyford and Pflug

      Excused: Senator Carrell

ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4409, having received the constitutional majority, was declared passed.

 

MOTION

 

At 11:37 a.m., on motion of Senator Eide, the Senate recessed until 6:00 p.m.

 

EVENING SESSION

 

The Senate was called to order at 6:00 p.m. by President Owen.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

February 1, 2012

 

MR. PRESIDENT:

The House has passed: 

SUBSTITUTE HOUSE BILL NO. 1865,

HOUSE BILL NO. 2235,

SUBSTITUTE HOUSE BILL NO. 2255,

HOUSE BILL NO. 2305,

HOUSE BILL NO. 2306,

SUBSTITUTE HOUSE BILL NO. 2360,

HOUSE BILL NO. 2362,

SUBSTITUTE HOUSE BILL NO. 2367.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

At 6:03 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 6:30 p.m. by President Owen.

 

MOTION

 

On motion of Senator Eide, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.

 

EDITOR’S NOTE:  Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions.

 

MOTION TO LIMIT DEBATE

 

Senator Eide: “Mr. President, I move that the members of the Senate be allowed to speak but once on each question before the Senate, that such speech be limited to three minutes and that members be prohibited from yielding their time, however, the maker of a motion shall be allowed to open and close debate. This motion shall be in effect through February 1, 2012.”

The President declared the question before the Senate to be the motion by Senator Eide to limit debate.

The motion by Senator Eide carried and debate was limited through February 1, 2012 by voice vote.

 

MOTION

 

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

 

SECOND READING

 

SENATE BILL NO. 6239, by Senators Murray, Pflug, Hobbs, Litzow, Kohl-Welles, Ranker, Tom, Harper, Pridemore, Keiser, Kline, Regala, Eide, Rolfes, McAuliffe, Brown, Nelson, Chase, Fraser, Frockt, Conway, Kilmer and Prentice

 

Concerning civil marriage and domestic partnerships.

 

MOTION

 

On motion of Senator Murray, Substitute Senate Bill No. 6239 was substituted for Senate Bill No. 6239 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

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

0)Beginning on page 1, line 9, strike all of section 1

Renumber the remaining sections consecutively and correct any internal references accordingly.

Senators Hill and Pridemore spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Hill and others on page 1, line 9 to Substitute Senate Bill No. 6239.

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

 

MOTION

 

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

0)On page 2, after line 16, insert the following:
"(4) No regularly licensed or ordained minister or any priest, imam, rabbi, or similar official of any religious organization is required to solemnize or recognize any marriage.  A regularly licensed or ordained minister or priest, imam, rabbi, or similar official of any religious organization shall be immune from any civil claim or cause of action based on a refusal to solemnize or recognize any marriage under this section.  No state agency or local government may base a decision to penalize, withhold benefits from, or refuse to contract with any religious organization on the refusal of a person associated with such religious organization to solemnize or recognize a marriage under this section.
      (5) No religious organization is required to provide accommodations, facilities, advantages, privileges, services, or goods related to the solemnization or celebration of a marriage.
      (6) A religious organization shall be immune from any civil claim or cause of action, including a claim pursuant to chapter 49.60 RCW, based on its refusal to provide accommodations, facilities, advantages, privileges, services, or goods related to the solemnization or celebration of a marriage.
      (7) For purposes of this section:
      (a) "Recognize" means to provide religious-based services that:
      (i) Are delivered by a religious organization, or by an individual who is managed, supervised, or directed by a religious organization; and
      (ii) Are designed for married couples or couples engaged to marry and are directly related to solemnizing, celebrating, strengthening, or promoting a marriage, such as religious counseling programs, courses, retreats, and workshops; and
      (b) "Religious organization" includes, but is not limited to, churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, and other entities whose principal purpose is the study, practice, or advancement of religion."

On page 3, at the beginning of line 8, strike "(1)"

On page 3, beginning on line 16, strike all of subsection (2)

On page 4, beginning on line 9, strike all of section 7

Renumber the remaining sections consecutively and correct any internal references accordingly.

Senators Fain and Pridemore spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Fain and others on page 2, after line 16 to Substitute Senate Bill No. 6239.

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

 

MOTION

 

Senator Padden moved that the following amendment by Senator Padden be adopted:

0)On page 3, after line 5, insert the following:
      "(5) No state agency or local government may base a decision to penalize, withhold benefits from, license, or refuse to contract with any religious organization based on the opposition to or refusal to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage."

Senators Padden and Pridemore spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Padden on page 3, after line 5 to Substitute Senate Bill No. 6239.

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

 

MOTION

 

Senator Benton moved that the following amendment by Senators Benton and Zarelli be adopted:

0)On page 3, after line 5, insert the following:
      "(5) No religiously affiliated educational institution shall be required to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage, including a use of any campus chapel or church.  A religiously affiliated educational institution shall be immune from a civil claim or cause of action, including a claim pursuant to chapter 49.60 RCW, based on its refusal to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage under this subsection shall be immune for civil claim or cause of action, including a claim pursuant to chapter 49.60 RCW."

Senators Benton and Pridemore spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Benton and Zarelli on page 3, after line 5 to Substitute Senate Bill No. 6239.

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

 

MOTION

 

Senator Benton moved that the following amendment by Senators Benton and Zarelli be adopted:

0)On page 3, after line 5, insert the following:

"NEW SECTION.  Sec. 4.  "Religious organization" as defined in this chapter must be interpreted liberally to include faith-based social service organizations involved in social services directed at the larger community."

Renumber the remaining sections consecutively and correct any internal references accordingly.

Senators Benton and Frockt spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Benton and Zarelli on page 3, after line 5 to Substitute Senate Bill No. 6239.

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

 

MOTION

 

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

0)On page 3, beginning on line 13, after "of any" strike "church or religious denomination" and insert "((church or)) religious ((denomination)) organization"

On page 3, beginning on line 30, after "any" strike "church or religious denomination" and insert "religious ((denomination)) organization"

On page 4, beginning on line 5, after "any" strike "church or religious denomination" and insert "religious organization"

On page 4, beginning on line 19, strike all of subsection (3)

On page 4, after line 24, insert the following:

"NEW SECTION.  Sec. 8.  A new section is added to chapter 26.04 RCW to read as follows:

      For purposes of this chapter, "religious organization" includes, but is not limited to, churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, and other entities whose principal purpose is the study, practice, or advancement of religion."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

Senators Fain and Pridemore spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Fain and others on page 3, line 13 to Substitute Senate Bill No. 6239.

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

 

MOTION

 

Senator Padden moved that the following amendment by Senator Padden be adopted:

0)On page 3, after line 15, insert the following:

"(2)(a) The legislature recognizes the preeminent protections of religious freedom in both the federal and state constitutions and that every person enjoys the secured rights of freedom of religious exercise, freedom of conscience, and free speech.

Article I, section 11 of the Washington State Constitution provides, "Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion.

Article XXVI of the Washington State Constitution provides that, "perfect toleration of religious sentiment shall be secured and that no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship."

The first clause of the First Amendment of the Bill of rights to the United States Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

(b) No judge, justice, or commissioner is required to solemnize any marriage contrary to his or her sincerely-held religious beliefs regarding marriage in violation of his or her right to free exercise of religion guaranteed by the Frist Amendment to the United States Constitution or by the Washington State Constitution.  A judge, justice, or commissioner is immune from any civil claim or cause of action based on a refusal to solemnize any such marriage.

(c) The provisions of this subsection (2) shall be broadly construed." 

Renumber the remaining subsections consecutively and correct any internal references accordingly.

 

Senator Padden spoke in favor of adoption of the amendment.

Senator Frockt spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Padden on page 3, after line 15 to Substitute Senate Bill No. 6239.

The motion by Senator Padden failed and the amendment was not adopted by voice vote.

 

MOTION

 

Senator Swecker moved that the following amendment by Senator Swecker be adopted.

0)On page 4, after line 24, insert the following:

"NEW SECTION.  Sec. 8.  A new section is added to chapter 26.04 RCW to read as follows:

      (1) No individual or entity is required to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage if such a marriage is contrary to their religious beliefs.

      (2) An individual or organization protected by subsection (1) of this section is immune from any civil claim or cause of action, including a claim pursuant to chapter 49.60 RCW, based on its refusal to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage.

Sec. 9.  RCW 49.60.030 and 2009 c 164 s 1 are each amended to read as follows:

      (1) The right to be free from discrimination because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right.  This right shall include, but not be limited to:

      (a) The right to obtain and hold employment without discrimination;

      (b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

      (c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;

      (d) The right to engage in credit transactions without discrimination;

      (e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination:  PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph;

      (f) The right to engage in commerce free from any discriminatory boycotts or blacklists.  Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or national origin or lawful business relationship:  PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices:  PROVIDED FURTHER, That nothing herein contained shall prohibit the right of an individual or entity to deny services or goods related to the solemnization of a marriage if such a marriage is contrary to the individual's or the owner of the entity's religious beliefs; and

      (g) The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.

      (2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).

      (3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.

Sec. 10.  RCW 49.60.040 and 2009 c 187 s 3 are each reenacted and amended to read as follows:

      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Aggrieved person" means any person who:  (a) Claims to have been injured by an unfair practice in a real estate transaction; or (b) believes that he or she will be injured by an unfair practice in a real estate transaction that is about to occur.

      (2) "Any place of public resort, accommodation, assemblage, or amusement" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use, or accommodation of those seeking health, recreation, or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps:  PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in this definition apply to any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution:  PROVIDED FURTHER, That nothing contained in this definition shall be construed to include any place of public resort, accommodation, assemblage, or amusement that is used for the celebration or solemnization of a marriage if the owner or owners assert that such a marriage is contrary to their religious beliefs.

      (3) "Commission" means the Washington state human rights commission.

      (4) "Complainant" means the person who files a complaint in a real estate transaction.

      (5) "Covered multifamily dwelling" means:  (a) Buildings consisting of four or more dwelling units if such buildings have one or more elevators; and (b) ground floor dwelling units in other buildings consisting of four or more dwelling units.

      (6) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred.

      (7)(a) "Disability" means the presence of a sensory, mental, or physical impairment that:

      (i) Is medically cognizable or diagnosable; or

      (ii) Exists as a record or history; or

      (iii) Is perceived to exist whether or not it exists in fact.

      (b) A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter.

      (c) For purposes of this definition, "impairment" includes, but is not limited to:

      (i) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:  Neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or

      (ii) Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

      (d) Only for the purposes of qualifying for reasonable accommodation in employment, an impairment must be known or shown through an interactive process to exist in fact and:

      (i) The impairment must have a substantially limiting effect upon the individual's ability to perform his or her job, the individual's ability to apply or be considered for a job, or the individual's access to equal benefits, privileges, or terms or conditions of employment; or

      (ii) The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect.

      (e) For purposes of (d) of this subsection, a limitation is not substantial if it has only a trivial effect.

      (8) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.

      (9) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

      (10) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person.

      (11) "Employer" includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit.

      (12) "Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer, or place employees for an employer.

      (13) "Families with children status" means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person.  Families with children status also applies to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.

      (14) "Full enjoyment of" includes the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, color, sex, sexual orientation, national origin, or with any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, to be treated as not welcome, accepted, desired, or solicited.

      (15) "Honorably discharged veteran or military status" means a person who is:

      (a) A veteran, as defined in RCW 41.04.007; or

      (b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

      (16) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment.

      (17) "Marital status" means the legal status of being married, single, separated, divorced, or widowed.

      (18) "National origin" includes "ancestry."

      (19) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof.

      (20) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building.

      (21) "Real estate transaction" includes the sale, appraisal, brokering, exchange, purchase, rental, or lease of real property, transacting or applying for a real estate loan, or the provision of brokerage services.

      (22) "Real property" includes buildings, structures, dwellings, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.

      (23) "Respondent" means any person accused in a complaint or amended complaint of an unfair practice in a real estate transaction.

      (24) "Service animal" means an animal that is trained for the purpose of assisting or accommodating a sensory, mental, or physical disability of a person with a disability.

      (25) "Sex" means gender.

      (26) "Sexual orientation" means heterosexuality, homosexuality, bisexuality, and gender expression or identity.  As used in this definition, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.

Sec. 11.  RCW 49.60.215 and 2011 c 237 s 1 are each amended to read as follows:

      (1) It shall be an unfair practice for any person or the person's agent or employee to commit an act which directly or indirectly results in any distinction, restriction, or discrimination, or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement, except for conditions and limitations established by law and applicable to all persons, regardless of race, creed, color, national origin, sexual orientation, sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability:  PROVIDED, That this section shall not be construed to require structural changes, modifications, or additions to make any place accessible to a person with a disability except as otherwise required by law:  PROVIDED, That behavior or actions constituting a risk to property or other persons can be grounds for refusal and shall not constitute an unfair practice:  PROVIDED FURTHER, That an individual or entity shall not be required to provide accommodations, facilities, advantages, privileges, services, or goods related to the solemnization or celebration of a marriage that is in conflict with the individual's or the owner of the entity's religious beliefs.

      (2) This section does not apply to food establishments, as defined in RCW 49.60.218, with respect to the use of a trained dog guide or service animal by a person with a disability.  Food establishments are subject to RCW 49.60.218 with respect to trained dog guides and service animals."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

On page 1, beginning on line 4 of the title, after "26.04.070," strike all material through "1.12.080" on line 5 and insert "49.60.030, 49.60.215, 26.60.010, 26.60.030, 26.60.090, and 1.12.080; reenacting and amending RCW 49.60.040"

Senator Swecker spoke in favor of adoption of the amendment.

Senator Murray spoke against adoption of the amendment.

Senator Schoesler demanded a roll call.

The President declared that one-sixth of the members supported the demand and the demand was sustained.

Senators Brown and Pflug spoke against adoption of the amendment.

Senator Schoesler spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Swecker on page 4, after line 24 to Substitute Senate Bill No. 6239.

 

ROLL CALL

 

The Secretary called the roll on the adoption of the amendment by Senator Swecker and the amendment was not adopted by the following vote:  Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

Voting yea: Senators Baumgartner, Becker, Benton, Carrell, Delvin, Ericksen, Fain, Hargrove, Hewitt, Hill, Holmquist Newbry, Honeyford, King, Morton, Padden, Parlette, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli

      Voting nay: Senators Brown, Chase, Conway, Eide, Fraser, Frockt, Harper, Hatfield, Haugen, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Shin and Tom

 

MOTION

 

Senator Haugen moved that the following amendment by Senators Haugen and Fain be adopted:

0)On page 8, after line 10, insert the following:

"NEW SECTION.  Sec. 14.  A new section is added to chapter 26.33 RCW to read as follows:

      Nothing contained in chapter . . ., Laws of 2012 (this act) shall be construed to alter or affect existing law regarding the manner in which a religious or nonprofit organization may be licensed to and provide adoption, foster care, or other child-placing services under this chapter or chapter 74.15 or 74.13 RCW.

NEW SECTION.  Sec. 15.  A new section is added to chapter 74.13 RCW to read as follows:

      Nothing contained in chapter . . ., Laws of 2012 (this act) shall be construed to alter or affect existing law regarding the manner in which a religious or nonprofit organization may be licensed to and provide adoption, foster care, or other child-placing services under this chapter or chapter 74.15 or 26.33 RCW.

NEW SECTION.  Sec. 16.  A new section is added to chapter 74.15 RCW to read as follows:

      Nothing contained in chapter . . ., Laws of 2012 (this act) shall be construed to alter or affect existing law regarding the manner in which a religious or nonprofit organization may be licensed to and provide adoption, foster care, or other child-placing services under this chapter or chapter 74.13 or 26.33 RCW."          Renumber the remaining subsections consecutively and correct any internal references accordingly.

Senators Haugen and Pridemore spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Fain on page 8, after line 10 to Substitute Senate Bill No. 6239.

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

 

MOTION

 

Senator Benton moved that the following amendment by Senators Benton and Zarelli be adopted.

0)On page 8, after line 26, insert the following:

"NEW SECTION.  Sec. 15.  A new section is added to chapter 74.15 RCW to read as follows:

      (1) No religious organization or organization affiliated, controlled, or managed by a religious organization may be required to place children or arrange for the placement of children for adoption by same sex couples or individuals in same sex relationships.

      (2) No court, state agency, or local government may base a decision to penalize, deny a license or renewal of license, withhold benefits from, or refuse to contract with any religious organization or organization affiliated, controlled, or managed by a religious organization, on the refusal of the organization to place children or arrange for the placement of children for adoption by same sex couples or individuals in same sex relationships.

NEW SECTION.  Sec. 16.  A new section is added to chapter 74.13 RCW to read as follows:

      (1) No religious organization or organization affiliated, controlled, or managed by a religious organization may be required to place children or arrange for the placement of children with same sex couples or individuals in same sex relationships.

      (2) No court, state agency, or local government may base a decision to penalize, deny a license or renewal of license, withhold benefits from, or refuse to contract with any religious organization or organization affiliated, controlled, or managed by a religious organization, on the refusal of the organization to place children or arrange for the placement of children with same sex couples or individuals in same sex relationships."

      Renumber the remaining section consecutively and correct any internal references accordingly.

On page 1, line 6 of the title, after "26.60 RCW;" insert "adding a new section to chapter 74.15 RCW; adding a new section to chapter 74.13 RCW;"

Senator Benton spoke in favor of adoption of the amendment.

Senator Ranker spoke against adoption of the amendment.

Senator Schoesler demanded a roll call.

The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senators Benton and Zarelli on page 8, after line 26 to Substitute Senate Bill No. 6239.

 

ROLL CALL

 

The Secretary called the roll on the adoption of the amendment by Senators Benton and Zarelli and the amendment was not adopted by the following vote:  Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

Voting yea: Senators Baumgartner, Becker, Benton, Carrell, Delvin, Ericksen, Fain, Hargrove, Hatfield, Hewitt, Hill, Holmquist Newbry, Honeyford, King, Morton, Padden, Parlette, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli

      Voting nay: Senators Brown, Chase, Conway, Eide, Fraser, Frockt, Harper, Haugen, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Shin and Tom

 

MOTION

 

Senator Hatfield moved that the following amendment by Senator Hatfield and others be adopted.

0)On page 8, after line 29, insert the following:

"NEW SECTION.  Sec. 16.  The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation."

On page 1, line 7 of the title, after "sections;" strike the remainder of the title and insert "providing a contingent effective date; and providing for submission of certain sections of this act to a vote of the people."

Senator Hatfield spoke in favor of adoption of the amendment.

Senator Brown spoke against adoption of the amendment.

Senator Schoesler demanded a roll call.

The President declared that one-sixth of the members supported the demand and the demand was sustained.

Senator Padden and Benton spoke in favor of adoption of the amendment.

Senator Murray spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hatfield and others on page 8, after line 29 to Substitute Senate Bill No. 6239.

 

ROLL CALL

 

The Secretary called the roll on the adoption of the amendment by Senator Hatfield and others and the amendment was not adopted by the following vote:  Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

Voting yea: Senators Baumgartner, Becker, Benton, Carrell, Delvin, Ericksen, Fain, Hargrove, Hatfield, Hewitt, Hill, Holmquist Newbry, Honeyford, King, Morton, Padden, Parlette, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli

      Voting nay: Senators Brown, Chase, Conway, Eide, Fraser, Frockt, Harper, Haugen, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Shin and Tom

 

MOTION

 

There being no objection, the following title amendments were adopted:

On page 1, beginning on line 6 of the title, after "26.60 RCW;" strike "creating new sections" and insert "creating a new section"

On page 1, line 5 of the title, strike "adding new sections" and insert "adding a new section"

On page 1, line 6 of the title, after "26.60 RCW;" insert "adding a new section to chapter 26.33 RCW; adding a new section to chapter 74.13 RCW; adding a new section to chapter 74.15 RCW;"

MOTION

 

On motion of Senator Murray, the rules were suspended, Engrossed Substitute Senate Bill No. 6239 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Murray, Regala, Ranker, Kastama, Pflug, Hobbs, Litzow, Kohl-Welles and Prentice spoke in favor of passage of the bill.

      Senators Swecker and Hargrove 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. 6239.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6239 and the bill passed the Senate by the following vote:  Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Chase, Conway, Eide, Fain, Fraser, Frockt, Harper, Hatfield, Haugen, Hill, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes and Tom

      Voting nay: Senators Baumgartner, Becker, Benton, Carrell, Delvin, Ericksen, Hargrove, Hewitt, Holmquist Newbry, Honeyford, King, Morton, Padden, Parlette, Roach, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli

ENGROSSED SUBSTITUTE SENATE BILL NO. 6239, 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

 

On motion of Senator Eide, Engrossed Substitute Senate Bill No. 6239 was immediately transmitted to the House of Representatives.

 

MOTION

 

At 8:00 p.m., on motion of Senator Eide, the Senate adjourned until 12:00 noon Thursday, February 2, 2012.

 

BRAD OWEN, President of the Senate

 

THOMAS HOEMANN, Secretary of the Senate

 

 

 

 

 

 





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6239

Second Reading............................................................. 10, 11

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Third Reading Final Passage............................................... 15

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Introduction & 1st Reading..................................................... 5

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8673

Adopted.................................................................................. 8

Introduced.............................................................................. 6

9144 Judi Owens

Committee Report.................................................................. 5

9153 Mike Ragan

Committee Report.................................................................. 5

9248 Amit Ranade

Committee Report.................................................................. 5

9272 Natasha Pranger

Committee Report.................................................................. 5

LEWIS EDELHEIT

9278 Introduction................................................................... 5

MESSAGE FROM GOVERNOR

Gubernatorial Appointments.................................................. 5

PRESIDENT OF THE SENATE

Intro. Special Guests,  Western Washington University Sports      8

Intro. Special Guests, Holly Rollers Team............................ 8