MORNING SESSION

Senate Chamber, Olympia, Thursday, April 11, 2013

The Senate was called to order at 2:00 p.m. by the President Pro Tempore. 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 Joseph Braskett and Bailey Griffin, presented the Colors. Pastor Betty Hatter of City of Truth Ministries of Lacey offered the prayer.

MOTION

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

MOTION

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

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

April 10, 2013

SGA 9083 JOSHUA BROWN, appointed on April 28, 2011, for the term ending July 15, 2013, as Member of the Salmon Recovery Funding Board. Reported by Committee on Natural Resources & Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Pearson, Chair; Smith, Vice Chair; Kline; Parlette; Rolfes, Ranking Member.

Passed to Committee on Rules for second reading.

April 10, 2013

SGA 9086 LARRY CARPENTER, appointed on December 6, 2011, for the term ending December 31, 2016, as Member of the Fish and Wildlife Commission. Reported by Committee on Natural Resources & Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Pearson, Chair; Smith, Vice Chair; Kline; Parlette; Rolfes, Ranking Member.

Passed to Committee on Rules for second reading.

April 10, 2013

SGA 9137 CONRAD MAHNKEN, reappointed on June 7, 2011, for the term ending December 31, 2016, as Member of the Fish and Wildlife Commission. Reported by Committee on Natural Resources & Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Pearson, Chair; Smith, Vice Chair; Kline; Parlette; Rolfes, Ranking Member.

Passed to Committee on Rules for second reading.

April 10, 2013

SGA 9142 STEVE S MILNER, appointed on May 25, 2011, for the term ending December 31, 2016, as Member of the Parks and Recreation Commission. Reported by Committee on Natural Resources & Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Pearson, Chair; Smith, Vice Chair; Kline; Parlette; Rolfes, Ranking Member.

Passed to Committee on Rules for second reading.

April 10, 2013

SGA 9193 JANET WAINWRIGHT, appointed on July 2, 2012, for the term ending June 12, 2016, as Member of the Columbia River Gorge Commission. Reported by Committee on Natural Resources & Parks

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Pearson, Chair; Smith, Vice Chair; Kline; Parlette; Rolfes, Ranking Member.

Passed to Committee on Rules for second reading.

MOTION

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

MOTION

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

INTRODUCTION AND FIRST READING

SB 5908 by Senators Kohl-Welles, Nelson, Hargrove, Keiser, Hobbs, Frockt and Kline

AN ACT Relating to property tax refunds; and amending RCW 84.69.030.

Referred to Committee on Governmental Operations.

MOTION

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

MOTION

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

MOTION

Senator Brown moved adoption of the following resolution:

SENATE RESOLUTION
8642

By Senators Brown, Ericksen, Smith, Fain, Sheldon, Honeyford, Becker, Ranker, Hill, Holmquist Newbry, Litzow, Hewitt, Schoesler, Benton, Pearson, Dammeier, Tom, Bailey, Braun, Padden, Rivers, Roach, and Fraser

WHEREAS, Washington state's pioneering men and women known as cowboys helped establish America's western frontiers; and

WHEREAS, Cowboy and ranching traditions have been part of the American landscape and culture since 1523, and today's cowboys and cowgirls continue to strive to preserve and perpetuate this unique element of America's heritage; and

WHEREAS, The cowboy Vaquero spirit exemplifies patriotism and strength of character; and

WHEREAS, The cowboy is an excellent steward of the land and its creatures; and

WHEREAS, The cowboy embodies honesty, integrity, courage, compassion, and determination; and

WHEREAS, The core values expressed within the Cowboy Code of Conduct continue to inspire the pursuit of the highest caliber of personal integrity; and

WHEREAS, The cowboy archetype transcends gender, generations, ethnicity, geographic boundaries, and political affiliations; and

WHEREAS, The cowboy and his horse are a central figure in literature, art, film, poetry, photography, and music; and

WHEREAS, The cowboy is a true American icon occupying a central place in the public's imagination; and

WHEREAS, Annual attendance at rodeos exceeds 30,000,000 fans worldwide; and

WHEREAS, Membership and participation in the National Day of the Cowboy Organization, Single Action Shooting Society, Working Ranch Rodeo Association, Cowboy Mounted Shooting Association, American Quarter Horse Association, Pro Rodeo Cowboys Association, Championship Bull Riding, Working Ranch Rodeo, Women's Pro Rodeo, U.S. Team Roping, the Western Music Association, and other organizations that encompass the livelihood of the cowboy continues to expand both nationally and internationally;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate join these organizations in celebrating the "National Day of the Cowboy" on the fourth Saturday in July and encourage the people of Washington and the United States of America to observe the day with appropriate ceremonies and activities.

Senators Brown, Baumgartner, Becker, Smith, Honeyford, Roach, Chase, Kohl-Welles, Ericksen and Shin 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. 8642.

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

INTRODUCTION OF SPECIAL GUESTS

The President Pro Tempore welcomed presidents and directors of the Washington State Fairs Association; the Benton-Franklin Fair and Horse Haven Round-Up Rodeo Royalty Court: Queen Maggie Little, Princess KC Taylor and Princess Courtney Brown; and representatives of the Washington Cattlemen’s Association; the Washington Dairy Association; the Washington Cattle Feeders Association; and the Northwest Agricultural Information Network who were present in the gallery.

The President assumed the chair.

MOTION

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

MESSAGE FROM THE HOUSE

April 11, 2013

MR. PRESIDENT:

The Speaker has signed:

SENATE BILL NO. 5139,

SENATE BILL NO. 5216,

SENATE BILL NO. 5488,

SUBSTITUTE SENATE BILL NO. 5518,

SUBSTITUTE SENATE BILL NO. 5524,

SENATE BILL NO. 5558,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5563,

ENGROSSED SENATE BILL NO. 5620,

SUBSTITUTE SENATE BILL NO. 5634,

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MESSAGE FROM THE HOUSE

April 11, 2013

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1074,

SUBSTITUTE HOUSE BILL NO. 1352,

HOUSE BILL NO. 1442,

HOUSE BILL NO. 1609,

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MESSAGE FROM THE HOUSE

April 11, 2013

MR. PRESIDENT:

The House has passed:

SENATE BILL NO. 5025,

SENATE BILL NO. 5142,

SUBSTITUTE SENATE BILL NO. 5165,

SENATE BILL NO. 5212,

SENATE BILL NO. 5235,

SUBSTITUTE SENATE BILL NO. 5274,

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

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

MOTION

On motion of Senator Fain, Senator Carrell was excused.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Holmquist Newbry moved that Miguel Villarreal, Gubernatorial Appointment No. 9037, be confirmed as a member of the Board of Trustees, Big Bend Community College District No. 18.

Senator Holmquist Newbry spoke in favor of the motion.

APPOINTMENT OF MIGUEL VILLARREAL

The President declared the question before the Senate to be the confirmation of Miguel Villarreal, Gubernatorial Appointment No. 9037, as a member of the Board of Trustees, Big Bend Community College District No. 18.

The Secretary called the roll on the confirmation of Miguel Villarreal, Gubernatorial Appointment No. 9037, as a member of the Board of Trustees, Big Bend Community College District No. 18 and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

Excused: Senator Carrell

Miguel Villarreal, Gubernatorial Appointment No. 9037, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Big Bend Community College District No. 18.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Hatfield moved that Lawrence Glenn, Gubernatorial Appointment No. 9018, be confirmed as a member of the Board of Trustees, Peninsula Community College District No. 1.

Senator Hatfield spoke in favor of the motion.

APPOINTMENT OF LAWRENCE GLENN

The President declared the question before the Senate to be the confirmation of Lawrence Glenn, Gubernatorial Appointment No. 9018, as a member of the Board of Trustees, Peninsula Community College District No. 1.

The Secretary called the roll on the confirmation of Lawrence Glenn, Gubernatorial Appointment No. 9018, as a member of the Board of Trustees, Peninsula Community College District No. 1 and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

Lawrence Glenn, Gubernatorial Appointment No. 9018, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Peninsula Community College District No. 1.

SIGNED BY THE PRESIDENT

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

SUBSTITUTE SENATE BILL NO. 5021,

SENATE BILL NO. 5046,

SUBSTITUTE SENATE BILL NO. 5077,

SENATE BILL NO. 5114,

SENATE BILL NO. 5186,

SENATE BILL NO. 5207,

SUBSTITUTE SENATE BILL NO. 5210,

SUBSTITUTE SENATE BILL NO. 5352,

SUBSTITUTE SENATE BILL NO. 5400,

SENATE BILL NO. 5446,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5458,

SENATE BILL NO. 5466,

SUBSTITUTE SENATE BILL NO. 5517,

SENATE BILL NO. 5541,

SENATE BILL NO. 5627,

SENATE BILL NO. 5712,

SENATE BILL NO. 5751,

SUBSTITUTE SENATE BILL NO. 5774.

SIGNED BY THE PRESIDENT

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

SUBSTITUTE HOUSE BILL NO. 1074,

SUBSTITUTE HOUSE BILL NO. 1352,

HOUSE BILL NO. 1442,

HOUSE BILL NO. 1609.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Brown moved that Kedrich Jackson, Gubernatorial Appointment No. 9022, be confirmed as a member of the Board of Trustees, Columbia Community Basin College District No. 19.

Senator Brown spoke in favor of the motion.

MOTION

On motion of Senator Rivers, Senator Tom was excused.

APPOINTMENT OF KEDRICH JACKSON

The President declared the question before the Senate to be the confirmation of Kedrich Jackson, Gubernatorial Appointment No. 9022, as a member of the Board of Trustees, Columbia Basin Community College District No. 19.

The Secretary called the roll on the confirmation of Kedrich Jackson, Gubernatorial Appointment No. 9022, as a member of the Board of Trustees, Columbia Basin Community College District No. 19 and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

Kedrich Jackson, Gubernatorial Appointment No. 9022, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Columbia Basin Community College District No. 19.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Conway moved that Angela Roarty, Gubernatorial Appointment No. 9025, be confirmed as a member of the Board of Trustees, Pierce Community College District No. 11.

Senator Conway spoke in favor of the motion.

APPOINTMENT OF ANGELA ROARTY

The President declared the question before the Senate to be the confirmation of Angela Roarty, Gubernatorial Appointment No. 9025, as a member of the Board of Trustees, Pierce Community College District No. 11.

The Secretary called the roll on the confirmation of Angela Roarty, Gubernatorial Appointment No. 9025, as a member of the Board of Trustees, Pierce Community College District No. 11 and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

Angela Roarty, Gubernatorial Appointment No. 9025, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Pierce Community College District No. 11.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Dammeier moved that Stephen Smith, Gubernatorial Appointment No. 9033, be confirmed as a member of the Board of Trustees, Pierce Community College District No. 11.

Senator Dammeier spoke in favor of the motion.

APPOINTMENT OF STEPHEN SMITH

The President declared the question before the Senate to be the confirmation of Stephen Smith, Gubernatorial Appointment No. 9033, as a member of the Board of Trustees, Pierce Community College District No. 11.

The Secretary called the roll on the confirmation of Stephen Smith, Gubernatorial Appointment No. 9033, as a member of the Board of Trustees, Pierce Community College District No. 11 and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

Stephen Smith, Gubernatorial Appointment No. 9033, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Pierce Community College District No. 11.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Darneille moved that Amadeo Tiam, Gubernatorial Appointment No. 9035, be confirmed as a member of the Board of Trustees, Pierce Community College District No. 11.

Senator Darneille spoke in favor of the motion.

APPOINTMENT OF AMADEO TIAM

The President declared the question before the Senate to be the confirmation of Amadeo Tiam, Gubernatorial Appointment No. 9035, as a member of the Board of Trustees, Pierce Community College District No. 11.

The Secretary called the roll on the confirmation of Amadeo Tiam, Gubernatorial Appointment No. 9035, as a member of the Board of Trustees, Pierce Community College District No. 11 and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

Amadeo Tiam, Gubernatorial Appointment No. 9035, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Pierce Community College District No. 11.

REMARKS BY SENATOR HATFIELD

Senator Hatfield: “Mr. President, I move that subject to Senate Rule 7, Sub. 2 that the body be permitted to refer to the good Senator from the Fifteenth District as ‘Boss Hog’ for the remainder of the day.”

REPLY BY THE PRESIDENT

President Owen: “The answer’s no.”

PERSONAL PRIVILEGE

Senator Honeyford: “My point of personal privilege is; I believe Boss Hog probably out-weighed me by one hundred and was probably a foot shorter. Thank you.”

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Ericksen moved that David Danner, Gubernatorial Appointment No. 9203, be confirmed as a member of the Utilities and Transportation Commission.

Senators Ericksen, Ranker and Sheldon spoke in favor of passage of the motion.

APPOINTMENT OF DAVID DANNER

The President declared the question before the Senate to be the confirmation of David Danner, Gubernatorial Appointment No. 9203, as a member of the Utilities and Transportation Commission.

The Secretary called the roll on the confirmation of David Danner, Gubernatorial Appointment No. 9203, as a member of the Utilities and Transportation Commission and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

David Danner, Gubernatorial Appointment No. 9203, having received the constitutional majority was declared confirmed as a member of the Utilities and Transportation Commission.

MOTION

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

SECOND READING

HOUSE BILL NO. 1109, by Representatives Hansen, Haler, Magendanz, Shea, Klippert, Smith, Green, Ormsby, Morrell, Van De Wege, Ryu, Maxwell, Zeiger, Wilcox, Jinkins, Springer, Scott, Freeman, Bergquist, Hargrove and Parker

Requiring institutions of higher education that offer an early course registration period to provide early registration for eligible veterans and national guard members.

The measure was read the second time.

MOTION

On motion of Senator Bailey, the rules were suspended, House Bill No. 1109 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Bailey and Kohl-Welles spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1109.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1109 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

HOUSE BILL NO. 1109, 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

HOUSE BILL NO. 1469, by Representatives Schmick, Sells, Reykdal, Fagan, Green, Condotta, Short, Ormsby and Van De Wege

Addressing industrial insurance for horse racing employment.

The measure was read the second time.

MOTION

On motion of Senator Holmquist Newbry, the rules were suspended, House Bill No. 1469 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of House Bill No. 1469.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1469 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

HOUSE BILL NO. 1469, 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

ENGROSSED HOUSE BILL NO. 1396, by Representatives Manweller, Sells, Chandler, Reykdal, Condotta, Hunt, Wylie, Van De Wege, Green, Appleton and Morrell

Changing the unemployment insurance shared work program by adopting short-time compensation provisions in the federal middle class tax relief and job creation act of 2012.

The measure was read the second time.

MOTION

On motion of Senator Holmquist Newbry, the rules were suspended, Engrossed House Bill No. 1396 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1396.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1396 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

ENGROSSED HOUSE BILL NO. 1396, 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

HOUSE BILL NO. 1209, by Representatives MacEwen, Blake, Chandler, Stonier, Wilcox, Springer, Haigh, Morrell and Stanford

Extending the program establishing Christmas tree grower licensure.

The measure was read the second time.

MOTION

On motion of Senator Hatfield, the rules were suspended, House Bill No. 1209 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Hatfield spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1209.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1209 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

Voting nay: Senator Holmquist Newbry

Excused: Senator Carrell

HOUSE BILL NO. 1209, 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.

SIGNED BY THE PRESIDENT

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

SENATE BILL NO. 5025,

SENATE BILL NO. 5142,

SUBSTITUTE SENATE BILL NO. 5165,

SENATE BILL NO. 5212,

SENATE BILL NO. 5235,

SUBSTITUTE SENATE BILL NO. 5274.

SECOND READING

HOUSE BILL NO. 1565, by Representatives Harris, Green, Jinkins, Cody, Ryu and Morrell

Funding the prescription monitoring program from the medicaid fraud penalty account.

The measure was read the second time.

MOTION

On motion of Senator Becker, the rules were suspended, House Bill No. 1565 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Becker, Keiser and Parlette spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1565.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1565 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

HOUSE BILL NO. 1565, 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

SUBSTITUTE HOUSE BILL NO. 1889, by House Committee on Appropriations Subcommittee on General Government (originally sponsored by Representatives Chandler and Blake)

Concerning the fruit and vegetable district fund.

The measure was read the second time.

MOTION

On motion of Senator Hill, the rules were suspended, Substitute House Bill No. 1889 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Hill spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1889.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1889 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

SUBSTITUTE HOUSE BILL NO. 1889, 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

HOUSE BILL NO. 1182, by Representatives Harris, Cody, Vick, Nealey, Ryu and Jinkins

Including pharmacists in the legend drug act.

The measure was read the second time.

MOTION

On motion of Senator Becker, the rules were suspended, House Bill No. 1182 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Becker and Keiser spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1182.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1182 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

HOUSE BILL NO. 1182, 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

HOUSE BILL NO. 1213, by Representatives Orwall, Pettigrew, Kagi, Morrell and Ryu

Concerning social worker licensing.

The measure was read the second time.

MOTION

On motion of Senator Pearson, the rules were suspended, House Bill No. 1213 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Pearson spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1213.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1213 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

HOUSE BILL NO. 1213, 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

SUBSTITUTE HOUSE BILL NO. 1376, by House Committee on Health Care & Wellness (originally sponsored by Representatives Orwall, Jinkins, Liias, Angel and Ormsby)

Clarifying the requirement that certain health professionals complete training in suicide assessment, treatment, and management.

The measure was read the second time.

MOTION

On motion of Senator Becker, the rules were suspended, Substitute House Bill No. 1376 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Becker spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1376.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1376 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

SUBSTITUTE HOUSE BILL NO. 1376, 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

HOUSE BILL NO. 1790, by Representatives Parker, Ormsby, Riccelli and Ryu

Concerning the use of traffic school fees.

The measure was read the second time.

MOTION

On motion of Senator King, the rules were suspended, House Bill No. 1790 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators King and Eide spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1790.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1790 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

HOUSE BILL NO. 1790, 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

SUBSTITUTE HOUSE BILL NO. 1242, by Representatives Moscoso, Zeiger, Morrell, Johnson, Roberts and Springer

Concerning the authority of a vehicle subagent to recommend a successor.

The measure was read the second time.

MOTION

Senator Eide moved that the following committee striking amendment by the Committee on Transportation be adopted:

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

"Sec. 1. RCW 46.01.140 and 2012 c 261 s 10 are each amended to read as follows:

(1) County auditor/agent duties. A county auditor or other agent appointed by the director must:

(a) Enter into a standard contract provided by the director;

(b) Provide all services authorized by the director for vehicle certificates of title and vehicle registration applications and issuance under the direction and supervision of the director including, but not limited to:

(i) Processing reports of sale;

(ii) Processing transitional ownership transactions;

(iii) Processing mail‑in vehicle registration renewals until directed otherwise by legislative authority;

(iv) Issuing registrations and temporary ORV use permits for off‑road vehicles as required under chapter 46.09 RCW;

(v) Issuing registrations for snowmobiles as required under chapter 46.10 RCW; and

(vi) Collecting fees and taxes as required;

(2) County auditor/agent assistants and subagents. A county auditor or other agent appointed by the director may, with approval of the director:

(a) Appoint assistants as special deputies to accept applications for vehicle certificates of title and to issue vehicle registrations; and

(b) Recommend and request that the director appoint subagencies within the county to accept applications for vehicle certificates of title and vehicle registration application issuance.

(3) Appointing subagents. A county auditor or other agent appointed by the director who requests a subagency must, with approval of the director:

(a) Use an open competitive process including, but not limited to, a written business proposal and oral interview to determine the qualifications of all interested applicants; and

(b) Submit all proposals to the director with a recommendation for appointment of one or more subagents who have applied through the open competitive process. If a qualified successor who is an existing subagent's sibling, spouse, or child, or a subagency employee has applied, the county auditor must provide the name of the qualified successor and the name of one other applicant who is qualified and was chosen through the open competitive process.

(4) Subagent duties. A subagent appointed by the director must:

(a) Enter into a standard contract with the county auditor or agent provided by the director;

(i) Processing reports of sale;

(ii) Processing transitional ownership transactions;

(iii) Mailing out vehicle registrations and replacement plates to internet payment option customers until directed otherwise by legislative authority;

(iv) Issuing registrations and temporary ORV use permits for off‑road vehicles as required under chapter 46.09 RCW;

(v) Issuing registrations for snowmobiles as required under chapter 46.10 RCW; and

(vi) Collecting fees and taxes as required; and

(5) Subagent successorship. A subagent appointed by the director who no longer wants his or her appointment may recommend a successor who is the subagent's sibling, spouse, or child, or a subagency employee. The recommended successor must participate in the open competitive process used to select an applicant. In making successor recommendations and appointment determinations, the following provisions apply:

(a) If a subagency is held by a partnership or corporate entity, the nomination must be submitted on behalf of, and agreed to by, all partners or corporate officers;

(b) A subagent may not receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not receive any financial benefit from the transfer or termination of an appointment; ((~~and~~))

      (c) The appointment of a successor is intended to assist in the efficient transfer of appointments to minimize public inconvenience. The appointment of a successor does not create a proprietary or property interest in the appointment;
      (d) A subagent appointee who is planning to retire within twelve months may recommend a successor without resigning his or her appointment by submitting a letter of intent to retire with a successor recommendation to the county auditor or other agent appointed by the director. The county auditor or other agent appointed by the director shall, within sixty days, respond in writing to the subagent appointee indicating if the recommended successor would be considered in the open competitive process. If there are negative factors or deficiencies pertaining to the subagency operation or the recommended successor, the county auditor or other agent appointed by the director must state these factors in writing to the subagent appointee. The subagent appointee may withdraw the letter of intent to retire any time prior to the start of the open competitive process by writing to the county auditor or other agent appointed by the director and filing a copy with the director;
      (e) A subagent appointee may name a recommended successor at any time during his or her appointment by notifying the county auditor or other agent appointed by the director in writing and filing a copy with the director. The purpose of this recommendation is for the county auditor or other agent appointed by the director to know the wishes of the subagent appointee in the event of the death or incapacitation of a sole subagent appointee or last remaining subagent appointee that could lead to the inability of the subagent to continue to fulfill the obligations of the appointment; and
      (f) If the county auditor or other agent appointed by the director does not select the recommended successor for appointment as a result of the open competitive process, the county auditor or other agent appointed by the director must contact the subagent appointee by letter and explain the decision. The subagent appointee must be provided an opportunity to respond in writing. Any response by the subagent appointee must be included in the open competitive process materials submitted to the department.

(6) Standard contracts. The standard contracts provided by the director in this section may include provisions that the director deems necessary to ensure that readily accessible and acceptable service is provided to the citizens of the state, including the full collection of fees and taxes. The standard contracts must include provisions that:

(a) Describe responsibilities and liabilities of each party related to service expectations and levels;

(b) Describe the equipment to be supplied by the department and equipment maintenance;

(c) Require specific types of insurance or bonds, or both, to protect the state against any loss of collected revenue or loss of equipment;

(d) Specify the amount of training that will be provided by each of the parties;

(e) Describe allowable costs that may be charged for vehicle registration activities as described in subsection (7) of this section; and

(f) Describe causes and procedures for termination of the contract, which may include mediation and binding arbitration.

(7) County auditor/agent cost reimbursement. A county auditor or other agent appointed by the director who does not cover expenses for services provided by the standard contract may submit to the department a request for cost‑coverage moneys. The request must be submitted on a form developed by the department. The department must develop procedures to standardize and identify allowable costs and to verify whether a request is reasonable. Payment must be made on those requests found to be allowable from the licensing services account.

(8) County auditor/agent revenue disbursement. County revenues that exceed the cost of providing services described in the standard contract, calculated in accordance with the procedures in subsection (7) of this section, must be expended as determined by the county legislative authority during the process established by law for adoption of county budgets.

(9) Appointment authority. The director has final appointment authority for county auditors or other agents or subagents.

(10) Rules. The director may adopt rules to implement this section."

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Substitute House Bill No. 1242.

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

MOTION

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

On page 1, line 1 of the title, after "subagents;" strike the remainder of the title and insert "and amending RCW 46.01.140."

MOTION

On motion of Senator Eide, the rules were suspended, Substitute House Bill No. 1242 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Eide and King spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1242 as amended by the Senate

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1242 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

SUBSTITUTE HOUSE BILL NO. 1242 as amended by the Senate, 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 Billig, Senator Kline was excused.

SECOND READING

HOUSE BILL NO. 1937, by Representatives Ross, Jinkins, Angel, Green, Harris, Cody, Morrell, Hope, Ryu, Schmick and Moscoso

Prohibiting a person from selling or giving a vapor product designed solely for smoking or ingesting tobacco to a minor.

The measure was read the second time.

MOTION

On motion of Senator Padden, the rules were suspended, House Bill No. 1937 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Padden, Billig and Darneille spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1937.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1937 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

Voting nay: Senator Hasegawa

Excused: Senators Carrell and Kline

HOUSE BILL NO. 1937, 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 Baumgartner: “I just wanted everybody to take a look around and notice the last real cowboy is. Thank you Mr. President.”

SECOND READING

HOUSE BILL NO. 1770, by Representatives Buys, Blake, Chandler, Lytton and Ryu

Concerning the appointment of nonvoting advisory members to commodity boards.

The measure was read the second time.

MOTION

On motion of Senator Hatfield, the rules were suspended, House Bill No. 1770 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Hatfield and Honeyford spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1770.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1770 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

Excused: Senators Carrell and Kline

HOUSE BILL NO. 1770, 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

SUBSTITUTE HOUSE BILL NO. 1334, by House Committee on Transportation (originally sponsored by Representatives Shea, Taylor, MacEwen, Schmick, Holy, Short, Kagi, Orcutt, Overstreet, Rodne, Klippert, Hargrove, Condotta and Parker)

Concerning conversion kits on motorcycles.

The measure was read the second time.

MOTION

Senator King moved that the following committee striking amendment by the Committee on Transportation be adopted:

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

"Sec. 1. RCW 46.04.330 and 2009 c 275 s 2 are each amended to read as follows:

"Motorcycle" means a motor vehicle designed to travel on not more than three wheels ((~~in contact with the ground~~)), not including any stabilizing conversion kits, on which the driver:

(1) Rides on a seat or saddle and the motor vehicle is designed to be steered with a handlebar; or

(2) Rides on a seat in a partially or completely enclosed seating area that is equipped with safety belts and the motor vehicle is designed to be steered with a steering wheel.

"Motorcycle" excludes a farm tractor, a power wheelchair, an electric personal assistive mobility device, a motorized foot scooter, an electric-assisted bicycle, and a moped.

Sec. 2. RCW 46.20.500 and 2009 c 275 s 4 are each amended to read as follows:

(1) No person may drive either a two-wheeled or a three-wheeled motorcycle, or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles.

(2) However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.

(3) No driver's license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate an electric-assisted bicycle.

(4) No driver's license is required to operate an electric personal assistive mobility device or a power wheelchair.

(5) No driver's license is required to operate a motorized foot scooter. Motorized foot scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors of a type approved by the state patrol.

(6) A person holding a valid driver's license may operate a motorcycle as defined under RCW 46.04.330(2) without a motorcycle endorsement.

(7) A person operating a motorcycle with a stabilizing conversion kit must have a valid driver's license specially endorsed by the director for a three-wheeled motorcycle to enable the holder to operate such a motorcycle.

Sec. 3. RCW 46.81A.010 and 2003 c 353 s 11 and 2003 c 41 s 4 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Motorcycle skills education program" means a motorcycle rider skills training program to be administered by the department.

(2) "Department" means the department of licensing.

(3) "Director" means the director of licensing.

(4) "Motorcycle" ((means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handlebar, but excluding farm tractors, electric personal assistive mobility devices, mopeds, motorized foot scooters, motorized bicycles,)) has the same meaning as provided in RCW 46.04.330 and excludes off-road motorcycles."

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Substitute House Bill No. 1334.

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

MOTION

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

On page 1, line 1 of the title, after “motorcycles;” strike the remainder of the title and insert “amending RCW 46.04.330 and 46.20.500; and reenacting and amending RCW 46.81A.010.”

MOTION

On motion of Senator King, the rules were suspended, Substitute House Bill No. 1334 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators King and Eide spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1334 as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1334 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

Excused: Senators Carrell and Kline

SUBSTITUTE HOUSE BILL NO. 1334 as amended by the Senate, 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

SUBSTITUTE HOUSE BILL NO. 1343, by House Committee on Appropriations Subcommittee on Health & Human Services (originally sponsored by Representatives Cody, Johnson, Moeller, Walsh, Morrell, Schmick, Green and Moscoso)

Removing the expiration for the additional surcharge imposed on registered nurses and licensed practical nurses.

The measure was read the second time.

MOTION

On motion of Senator Becker, the rules were suspended, Substitute House Bill No. 1343 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Becker and Keiser spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1343.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1343 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

Voting nay: Senator Holmquist Newbry

Excused: Senator Carrell

SUBSTITUTE HOUSE BILL NO. 1343, 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

SUBSTITUTE HOUSE BILL NO. 1686, by House Committee on Higher Education (originally sponsored by Representatives Seaquist, Haler, Roberts, Zeiger, Reykdal, Springer, Pettigrew, Pollet, Dahlquist, McCoy, Maxwell, Fagan, Morrell and Ryu)

Concerning high school equivalency certificates.

The measure was read the second time.

MOTION

On motion of Senator Bailey, the rules were suspended, Substitute House Bill No. 1686 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Bailey and Kohl-Welles spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1686.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1686 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

SUBSTITUTE HOUSE BILL NO. 1686, 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

HOUSE BILL NO. 1113, by Representatives Short, Upthegrove, Springer, Pollet, Taylor, Smith, Fagan, Dahlquist and Fey

Concerning standards for the use of science to support public policy.

The measure was read the second time.

MOTION

On motion of Senator Ericksen, the rules were suspended, House Bill No. 1113 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Ericksen, Ranker and Fraser spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1113.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1113 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Carrell

HOUSE BILL NO. 1113, 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

At 4:29 p.m., on motion of Senator Fain, the Senate adjourned until 9:00 a.m. Friday, April 12, 2013.

BRAD OWEN, President of the Senate

HUNTER GOODMAN, Secretary of the Senate