MORNING SESSION
Senate Chamber, Olympia, Wednesday, February 6, 2013
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.
The Sergeant at Arms Color Guard consisting of Pages Chance Mattox and Makenzie May, presented the Colors. The Very Reverend Igumen Tryphon, Abbot of the All-Merciful Savior Monastery of Vashon Island 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
February 5, 2013
SB 5076 Prime Sponsor, Senator Dammeier: Requiring information on home energy efficiency to be included in residential home inspection reports. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: That Substitute Senate Bill No. 5076 be substituted therefor, and the substitute bill do pass. Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; Billig; Brown; Chase; Cleveland; Honeyford; Litzow Ranker, Ranking Member.
Passed to Committee on Rules for second reading.
February 5, 2013
SB 5079 Prime Sponsor, Senator Roach: Providing compensation for damage to livestock caused by wolves. Reported by Committee on Natural Resources & Parks
MAJORITY recommendation: Do pass. Signed by Senators Pearson, Chair; Smith, Vice Chair; Hargrove; Hewitt; Kline; Parlette Rolfes, Ranking Member.
Passed to Committee on Ways & Means.
February 5, 2013
SB 5092 Prime Sponsor, Senator Benton: Providing an exemption from continuing competency requirements for registered nurses who seek advanced nursing degrees. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Bailey; Cleveland; Ericksen; Keiser, Ranking Member; Parlette and Schlicher.
Passed to Committee on Rules for second reading.
February 5, 2013
SB 5098 Prime Sponsor, Senator Ericksen: Regarding wireless communications structures. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: Do pass. Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; Billig; Brown; Chase; Cleveland; Honeyford; Litzow Ranker, Ranking Member.
Passed to Committee on Rules for second reading.
February 5, 2013
SB 5137 Prime Sponsor, Senator Hargrove: Concerning department of fish and wildlife license suspensions. Reported by Committee on Natural Resources & Parks
MAJORITY recommendation: Do pass. Signed by Senators Pearson, Chair; Smith, Vice Chair; Hargrove; Hewitt; Kline; Parlette Rolfes, Ranking Member.
Passed to Committee on Rules for second reading.
February 5, 2013
SB 5148 Prime Sponsor, Senator Keiser: Allowing for redistribution of medications under certain conditions. Reported by Committee on Health Care
MAJORITY recommendation: That Substitute Senate Bill No. 5148 be substituted therefor, and the substitute bill do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Bailey; Cleveland; Ericksen; Keiser, Ranking Member; Parlette and Schlicher.
Passed to Committee on Rules for second reading.
February 5, 2013
SB 5154 Prime Sponsor, Senator Becker: Exempting from business and occupation tax certain amounts received by cooperative finance organizations. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: Do pass. Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; Brown; Chase; Cleveland; Honeyford; Litzow Ranker, Ranking Member.
MINORITY recommendation: Do not pass. Signed by Senator Billig.
Passed to Committee on Ways & Means.
February 5, 2013
SB 5207 Prime Sponsor, Senator Fain: Addressing the consumer loan act. Reported by Committee on Financial Institutions, Housing & Insurance
MAJORITY recommendation: Do pass. Signed by Senators Hobbs, Chair; Mullet, Vice Chair; Benton, Ranking Member; Fain; Hatfield and Nelson.
Passed to Committee on Rules for second reading.
February 5, 2013
SB 5212 Prime Sponsor, Senator Holmquist Newbry: Expanding membership of the Washington state horse park authority. Reported by Committee on Natural Resources & Parks
MAJORITY recommendation: Do pass. Signed by Senators Pearson, Chair; Smith, Vice Chair; Hargrove; Hewitt; Kline; Parlette Rolfes, Ranking Member.
Passed to Committee on Rules for second reading.
February 5, 2013
SB 5344 Prime Sponsor, Senator Mullet: Revising state statutes concerning trusts. Reported by Committee on Financial Institutions, Housing & Insurance
MAJORITY recommendation: Do pass. Signed by Senators Hobbs, Chair; Mullet, Vice Chair; Benton, Ranking Member; Fain; Hatfield and Nelson.
Passed to Committee on Rules for second reading.
February 5, 2013
SB 5346 Prime Sponsor, Senator Keiser: Restoring funding to in-home care services. Reported by Committee on Health Care
MAJORITY recommendation: That it be referred without recommendation. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Bailey; Cleveland; Ericksen; Keiser, Ranking Member; Parlette and Schlicher.
Passed to Committee on Ways & Means.
MOTION
On motion of Senator Fain, all measures listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Fain, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 5620 by Senators King and McAuliffe
AN ACT Relating to school safety; and amending RCW 28A.320.125.
Referred to Committee on Early Learning & K-12 Education.
SB 5621 by Senators Chase, Roach, Hobbs, Conway, Harper, Keiser, Hasegawa, Kohl-Welles, Kline and Murray
AN ACT Relating to certified payroll records on public works projects; and amending RCW 39.12.040.
Referred to Committee on Commerce & Labor.
SB 5622 by Senators Hewitt, Hobbs, Eide, Fain, Holmquist Newbry and Harper
AN ACT Relating to the taxation of large airplanes; amending RCW 47.68.250, 82.48.100, and 82.48.100; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; providing effective dates; and providing an expiration date.
Referred to Committee on Transportation.
SB 5623 by Senator Hargrove
AN ACT Relating to shoreline master program provisions for marine aquaculture net pen facilities; and adding a new section to chapter 90.58 RCW.
Referred to Committee on Energy, Environment & Telecommunications.
SB 5624 by Senators McAuliffe, Litzow, Shin, Kohl-Welles, Hasegawa, Rolfes, Hobbs, Becker, Frockt, Chase, Eide and Conway
AN ACT Relating to aligning high-demand secondary STEM or career and technical education programs with applied baccalaureate programs; amending RCW 28A.300.515 and 28B.50.810; and making an appropriation.
Referred to Committee on Higher Education.
SB 5625 by Senators Kline, Tom, Darneille, Litzow, Kohl-Welles, Chase, Frockt and Mullet
AN ACT Relating to requiring universal background checks for firearms transfers; amending RCW 9.41.080; creating a new section; and prescribing penalties.
Referred to Committee on Law & Justice.
SB 5626 by Senators Kline, Becker, Darneille, Keiser, Parlette and Chase
AN ACT Relating to the practice of midwifery; and amending RCW 18.50.010, 18.50.065, and 18.50.102.
Referred to Committee on Health Care.
SB 5627 by Senators Eide, Parlette, Ranker, Shin and Litzow
AN ACT Relating to the taxation of commuter air carriers; amending RCW 84.12.200, 82.48.010, and 82.48.030; adding a new section to chapter 84.36 RCW; and providing an effective date.
Referred to Committee on Transportation.
SB 5628 by Senator Kline
AN ACT Relating to allowing multiple liquor licenses at the same physical premises; and adding a new section to chapter 66.24 RCW.
Referred to Committee on Commerce & Labor.
SB 5629 by Senators Schlicher and Frockt
AN ACT Relating to emergency department overcrowding; adding a new section to chapter 70.41 RCW; creating new sections; prescribing penalties; and providing an expiration date.
Referred to Committee on Health Care.
SB 5630 by Senators Bailey, Keiser, Becker, Conway and Frockt
AN ACT Relating to the enactment of the Engrossed Substitute House Bill No. 1277 adult family home quality assurance panel; amending RCW 70.128.060 and 70.128.160; and adding new sections to chapter 70.128 RCW.
Referred to Committee on Health Care.
SB 5631 by Senator Becker
AN ACT Relating to modifying the expiration dates that limit payments for health care services provided to low-income enrollees in state purchased health care programs by aligning them with the start of medicaid expansion; amending RCW 70.47.230; reenacting and amending RCW 74.09.522 and 70.47.100; and providing expiration dates.
Referred to Committee on Health Care.
SB 5632 by Senators Murray, Dammeier, Kohl-Welles, Nelson, Tom, Chase and Mullet
AN ACT Relating to physical therapy; amending RCW 18.74.010 and 18.74.035; creating a new section; and providing an effective date.
Referred to Committee on Health Care.
SB 5633 by Senators Conway and Schoesler
AN ACT Relating to restrictions on collecting a pension in the public employees' retirement system for retirees returning to work in an ineligible position or a position covered by another state retirement system; and amending RCW 41.40.037.
Referred to Committee on Ways & Means.
SB 5634 by Senators Rolfes, Hargrove, Nelson, Kline, Fain, Hobbs, Fraser, Parlette and Pearson
AN ACT Relating to clarifying the department of natural resources' authority to enter into cooperative agreements; and amending RCW 79.10.130.
Referred to Committee on Natural Resources & Parks.
SB 5635 by Senators Darneille, Kline, Harper, Keiser, Kohl-Welles, Murray, Chase and Frockt
AN ACT Relating to granting courts discretion to deny restoration of firearm rights to a person who has been involuntarily committed for mental health treatment when it appears the person is likely to engage in violent or unsafe behaviors; and amending RCW 9.41.047.
Referred to Committee on Law & Justice.
SB 5636 by Senators Smith, Hatfield, Braun, King, Holmquist Newbry, Brown, Honeyford, Schoesler and Hewitt
AN ACT Relating to providing a process for county legislative authorities to withdraw from voluntary planning under the growth management act; and amending RCW 36.70A.040 and 36.70A.060.
Referred to Committee on Governmental Operations.
SB 5637 by Senators Hasegawa, Fain, Mullet and Chase
AN ACT Relating to primary election voters' pamphlets; amending RCW 29A.32.010; and repealing RCW 29A.32.036.
Referred to Committee on Governmental Operations.
SB 5638 by Senators Harper, Litzow, Ranker, Carrell, Darneille, Frockt, Kohl-Welles, Murray, Billig, Hargrove, Keiser, Rolfes, Hatfield, Nelson, Schlicher, Eide, Conway, Kline and Hasegawa
AN ACT Relating to the fiscal impacts of bills and budgets; amending RCW 43.88A.020; creating a new section; and providing an expiration date.
Referred to Committee on Ways & Means.
SB 5639 by Senators Bailey, Dammeier and Padden
AN ACT Relating to the identification and review of new programs; amending RCW 43.88.090; and adding new sections to chapter 43.09 RCW.
Referred to Committee on Ways & Means.
SB 5640 by Senators Bailey, Dammeier and Padden
AN ACT Relating to fiscal notes; amending RCW 43.88A.010, 43.88A.030, and 43.132.060; adding a new section to chapter 43.88A RCW; adding a new section to chapter 43.132 RCW; and repealing RCW 43.88A.900.
Referred to Committee on Ways & Means.
SB 5641 by Senators Bailey, Carrell and Pearson
AN ACT Relating to the governor's signature on significant legislative rules; and amending RCW 34.05.360.
Referred to Committee on Governmental Operations.
SB 5642 by Senators Frockt, Murray, Nelson, Kohl-Welles, Hasegawa, Chase and Kline
AN ACT Relating to raising the minimum state funding assistance percentage for the school construction assistance program; and amending RCW 28A.525.166.
Referred to Committee on Ways & Means.
SB 5643 by Senators Darneille, Carrell, Harper, Frockt, Kohl-Welles, Kline, Chase and Hasegawa
AN ACT Relating to exemptions from the five-year time limit for recipients of the temporary assistance for needy families program; and amending RCW 74.08A.010.
Referred to Committee on Human Services & Corrections.
SB 5644 by Senators Schoesler and Murray
AN ACT Relating to sales for resale by retail licensees of liquor; adding a new section to chapter 66.24 RCW; creating new sections; and declaring an emergency.
Referred to Committee on Commerce & Labor.
SB 5645 by Senators Kohl-Welles and Kline
AN ACT Relating to service animals; amending RCW 49.60.222, 49.60.223, 49.60.224, and 49.60.225; reenacting and amending RCW 49.60.040; and creating a new section.
Referred to Committee on Law & Justice.
SB 5646 by Senators Kohl-Welles, Frockt, Bailey, Shin, Hasegawa and Chase
AN ACT Relating to high school equivalency certificates; amending RCW 18.55.040, 28A.150.305, 28A.175.105, 28A.205.040, 28A.305.190, 28B.50.536, 28B.116.010, 28B.117.005, 28B.119.010, 28B.145.010, 28B.145.060, 28C.10.050, 35.21.333, 36.110.140, 41.04.015, 43.215.510, 70.128.120, 72.09.410, 72.09.460, 72.09.670, 74.04.535, 74.08A.250, 74.08A.380, 74.12.035, 74.13.540, and 74.15.230; amending 2011 c 330 s 1 (uncodified); amending 2010 c 20 s 1 (uncodified); and reenacting and amending RCW 28A.205.030, 28C.18.010, and 72.09.015.
Referred to Committee on Higher Education.
SB 5647 by Senators Braun, Kline, Carrell, Keiser, Dammeier, Rivers, Ericksen, Hobbs and Frockt
AN ACT Relating to requiring the department of revenue to publish their determinations; and amending RCW 82.32.410.
Referred to Committee on Trade & Economic Development.
SB 5648 by Senators Brown, Hatfield, Rivers, Hobbs, Sheldon, Smith, Honeyford, Schoesler and Hewitt
AN ACT Relating to making energy conservation a top priority by adding new incentives and aligning the timing of the acquisitions of eligible renewable resources, electricity, or equivalent renewable energy credits, with the need for additional electric generating resources to serve consumers' loads, without changing the eligible renewable targets; amending RCW 19.285.040; and creating a new section.
Referred to Committee on Energy, Environment & Telecommunications.
SB 5649 by Senators Rolfes, McAuliffe, Billig, Mullet, Frockt and Murray
AN ACT Relating to using the collaborative schools process for required action districts that continue to struggle to improve student academic achievement; amending RCW 28A.630.101, 28A.630.103, 28A.630.104, 28A.630.105, 28A.630.107, 28A.657.020, 28A.657.090, 28A.657.100, and 28A.657.125; adding a new section to chapter 28A.657 RCW; and providing an expiration date.
Referred to Committee on Early Learning & K-12 Education.
SB 5650 by Senators Keiser, Rivers, Conway, McAuliffe, Hatfield, Hasegawa and Chase
AN ACT Relating to participating in insurance plans and contracts by separated plan 2 members of certain retirement systems; amending RCW 41.05.011; and providing an effective date.
Referred to Committee on Health Care.
SB 5651 by Senators McAuliffe, Conway, Keiser, Hatfield, Hobbs, Hasegawa and Chase
AN ACT Relating to postretirement employment; and amending RCW 41.32.765, 41.32.875, 41.35.420, 41.35.680, 41.40.630, and 41.40.820.
Referred to Committee on Ways & Means.
SB 5652 by Senators Roach, Conway, Keiser, Schlicher, McAuliffe, Hasegawa and Chase
AN ACT Relating to vesting after five years of service in the defined benefit portion of the public employees' retirement system, the school employees' retirement system, and the teachers' retirement system plan 3; and amending RCW 41.32.875, 41.35.680, and 41.40.820.
Referred to Committee on Ways & Means.
SJM 8005 by Senators Hargrove, King, Sheldon, Eide, Hobbs, Hatfield, Benton, Padden, Shin and Chase
Requesting that state route number 117 be designated as the POW/MIA Memorial Highway.
Referred to Committee on Transportation.
MOTION
On motion of Senator Fain, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTION
On motion of Senator Fain, Senate Rule 20 was suspended for the remainder of the day to allow consideration of additional floor resolutions.
EDITOR’S NOTE: Senate Rule 20 limits consideration of floor resolutions not essential to the operation of the Senate to one per day during regular daily sessions.
MOTION
On motion of Senator Fain, the Senate advanced to the eighth order of business.
MOTION
Senator Benton withdrew the notice of reconsideration of the vote by which Engrossed Substitute Senate Bill No. 5127 passed the senate, given the previous day.
MOTION
Senator Benton moved adoption of the following resolution:
SENATE RESOLUTION
8614
By Senator Benton
WHEREAS, One hundred two years ago on this day, February 6, Ronald Wilson Reagan was born in Tampico, Illinois; and
WHEREAS, Ronald Reagan understood the engine of the private sector, having worked as an actor, radio broadcaster, and television host; and
WHEREAS, Ronald Reagan believed in the value of self-deprecating humor in political life, once remarking, "The best minds are not in government. If any were, business would hire them away"; and
WHEREAS, Ronald Reagan realized his Presidential duty to communicate openly with the American people and spoke with honesty, grace, and humility; and
WHEREAS, Ronald Reagan boldly invoked the theme of American greatness in his speeches, and referred to America as a "shining city on the hill"; and
WHEREAS, Ronald Reagan was a loving and devoted husband, taking time out of his busy schedule as President to write love notes to his wife, Nancy; and
WHEREAS, Ronald Reagan's top policy issue was defeating communism, as he bravely challenged the Soviet Premier in Berlin by saying, "Mr. Gorbachev, tear down this wall"; and
WHEREAS, Ronald Reagan was mindful of every threat to America and brought about the downfall of the Soviet Union, ending the Cold War; and
WHEREAS, Ronald Reagan determined that one key to a prosperous economy was a low tax rate and implemented the biggest tax cut in United States history at the time; and
WHEREAS, Ronald Reagan was an advocate for freedom and a true believer in the American dream, once observing that, "We have every right to dream historic dreams and after all why shouldn't we believe that? We are Americans"; and
WHEREAS, In these troubling economic times, it is imperative to remember Ronald Reagan, as Margaret Thatcher reminds us, ". . . we have one beacon to guide us that Ronald Reagan never had, we have his example";
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and cherish the life and work of President Ronald Wilson Reagan.
Senators Benton, Schoesler, King, Honeyford, Padden, Shin, Rolfes and Kohl-Welles spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8614.
The motion by Senator Benton carried and the resolution was adopted by voice vote.
MOTION
Senator Kohl-Welles moved adoption of the following resolution:
SENATE RESOLUTION
8615
By Senators Kohl-Welles, Fraser, Eide, Ranker, Parlette, Becker, Baumgartner, Roach, Bailey, Hewitt, Honeyford, Litzow, Darneille, Dammeier, Tom, Fain, Harper, McAuliffe, Frockt, Nelson, Hargrove, Hasegawa, Conway, Keiser, Murray, Hill, and Hatfield
WHEREAS, The 2012 sport season represented the fortieth anniversary of Title IX, the 1972 federal law requiring nondiscrimination by gender in educational programs and activities, including school sports across the nation; and
WHEREAS, We recognize the struggle of generations of women athletes for equality that blazed the trail for those mentioned here; and
WHEREAS, Washington state honors and renews its commitment to female athletes and the promise and drive they exhibit both on and off the field; and
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, The communication, competition, and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, workplace, and society; and
WHEREAS, Washington encourages media outlets to give equal representation to the accomplishments of women in sports, noting that greater visibility lends toward greater inspiration for young girls; and
WHEREAS, Washington high schools foster outstanding achievements in women's sports, such as volleyball, soccer, softball, and basketball. These include state volleyball champions: Tekoa-Oaksdale, Reardan, Castle Rock, West Valley, Prairie, and Bellarmine Prep; state soccer champions: Bear Creek, University Prep, Sumner Spartans, Columbia River, and Skyline; state softball champions: Coltan, Pe Ell, Connell, W.F. West, Kamiakin, and Woodinville; state basketball champions: Coltan, Reardan, Okanogan, Clarkston, Prairie, and Skyview; state wrestling champion Sedro-Woolley; and state golf champions: St. John-Endicott, Elma, Bellingham, Hanford, and Bellarmine Prep; and
WHEREAS, Institutions of higher education continue to produce elite athletes competing with pride, commitment, and passion; and
WHEREAS, Pacific Lutheran University's softball team swept across the nation to win the NCAA Division III championship and the Northwest Conference title, and starts the 2013 season ranked No. 1 by the National Fastpitch Coaches Association; and
WHEREAS, Pacific Lutheran University's volleyball team won the 2012 Northwest Conference title; and
WHEREAS, University of Puget Sound's women's soccer team claimed its eleventh consecutive Northwest Conference title win, extending the longest active title streak in Division III women's soccer history; and
WHEREAS, Seattle University's women's soccer team finished its first year in the Western Athletic Conference by making it all the way to the semi-finals and receiving the NSCAA All-Academic Award; Joan Bonvicini, the coach of its women's basketball team, was named Independent Coach of the Year for the team's first 20-win season playing as a full NCAA Division 1 team; women's basketball player Kacie Sowell was named Independent Player of the year; swim team member Kevlyn Richards qualified for the U.S. Olympic Swim Trials; and golfer Caitlin McCleary tied for first in the West Coast Conference Championships for golf, and along with Clare Sorenson, qualifies for the U.S. Women's Amateur in golf; and
WHEREAS, University of Washington's women's rowing team won its sixth consecutive Windermere Cup; alumni rower Mary Whipple won gold at the 2012 Olympics; its women's soccer team was honored by the NSCAA with the Team Academic Award and was the only Top 40 team in the PAC-12 to receive the award; and its softball team won the NCAA Regional Championship; and
WHEREAS, University of Washington's Katie Flood won the NCAA National Championship for the 1,500 meter; and
WHEREAS, Lynda Goodrich, Director of Athletics at Western Washington University for 26 years, has shown dedication and passion for the development of female athletes and women's sports overall; and
WHEREAS, Western Washington University's women's golf team swung its way to victory as first in the Great Northwest Athletic Conference's 2012 championship; its women's volleyball team won its sixth championship at the Great Northwest Athletic Conference Championship; its women's soccer team was the regional and tournament champion for the Great Northwest Athletic Conference and set the school record with a 19-4-0 season finish; and its women's varsity eight and junior varsity eight rowing teams each won a gold medal at the Western Intercollegiate Rowing Association Championship Regatta; and
WHEREAS, Western Washington University senior and rowing team captain Megan Northely was awarded the Elite 89 from the NCAA Division II for outstanding commitment on and off the field, maintaining a grade point average of 3.92, and bringing the team to three consecutive national titles; and
WHEREAS, Seattle Pacific University's softball team won the NCAA Division II National Championships; and
WHEREAS, Eastern Washington University's Keisa Monterola won the Big Sky Conference Outdoor Title in Track and Field, and Brianne Ryan of its women's basketball team was named the league's 2012 Most Valuable Player; and
WHEREAS, Washington state is proud to be the home of the Seattle Storm and celebrates the accomplishment of players Sue Bird, who competed with the 2012 U.S. Olympic team as it achieved its unprecedented fifth straight gold-medal win; Lauren Jackson, who competed with the 2012 Australian Olympic team and is the fourth player in the WNBA to attain 6,000 points in her career; and Tina Thompson who made WNBA history by being the first player to score 7,000 points in her career; and
WHEREAS, Washington is proud to be the home of the Oly Rollers, who won the inaugural 2012 USA Roller Sports National Championship; and
WHEREAS, Washington celebrates the inaugural 2013 season of the Seattle Reign FC, our newest professional women's soccer team which includes Olympic athlete Hope Solo from Richland; and
WHEREAS, Washington recognizes the beginning of the 2013 seasons of our professional women's tackle football teams the Seattle Majestics, Everett Reign, and Tacoma Trauma; and
WHEREAS, Washington state continues to foster star Olympic athletes with 10 female athletes representing the U.S. and Washington at the Summer 2012 Olympics. These athletes and the events they participated in include: Track and field with Kara Patterson from Vancouver and Aretha Thurmond from Seattle; boxing with Queen Underwood from Seattle; cycling with Jennie Reed from Seattle; judo with Marti Malloy from Oak Harbor; rowing with Adrienne Martelli from University Place and Mary Whipple and Megan Kalmoe from Seattle; shooting with Amanda Furrer from Spokane; soccer with Hope Solo from Richland; swimming with Ariana Kukors from Auburn; and volleyball with Courtney Thompson from Kent; and
WHEREAS, Not all women and girls win championships or trophies, but still compete to the best of their abilities and give their all, sometimes suffering career-ending injury or even death in competition, the state recognizes the valiant efforts of all women and girl athletes in this state, especially athletes such as young Jacoby Miles who was paralyzed during gymnastics practice in November; and
WHEREAS, The National Girls and Women In Sport Coalition, established in 1987, declared February 6, 2013, to be National Girls and Women in Sports Day; and
WHEREAS, These women and many more not mentioned here are sterling examples of what is possible through hard work, focus, and determination;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Washington girls and women in sports on February 6, 2013, and encourage others to observe the day with appropriate ceremonies and activities; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to all of the aforementioned athletes and their respective institutions.
Senators Kohl-Welles and Dammeier spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8615.
The motion by Senator Kohl-Welles carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced: Miss Kevelyn Richards, Seattle University swim team member; Craig Nisgor, Seattle University Head Women’s swim coach; Roxanne Levenson, Seattle University Associate Athletic Director/Senior Woman Administrator; and Kyle Scholzen, Seattle University Assistant Sports Information Director who were present in the gallery and recognized by the Senate.
The President welcomed and introduced Oly Rollers roller derby team members: Sassy, Tannibal Lector; Lil’ Tonka; Dainty Disaster; Misty Miyagi; Snickerbrutal; Blasian Invasion; AnaConda; and Whamsday Addams who were present in the gallery and recognized by the Senate.
The President welcomed and introduced former Senator Ken Jacobsen, lifetime advocate for women’s equality in sports, who was present in the gallery and recognized by the Senate.
The President welcomed and introduced the reigning Miss Auburn 2013, Miss Victoria Knight, guest of Senator Fain. Miss Knight is a graduate of Governor John R. Rogers High School in Puyallup, former Miss Daffodil Princess and Miss Washington’s Outstanding Teen 2008. Miss Knight is a junior at the University of Washington-Tacoma and co-founded the charitable organization Queens for A Cure in 2009 a benefit pageant for the Susan G. Komen for the Cure organization, raising awareness of breast cancer and funds for breast cancer research.
PERSONAL PRIVILEGE
Senator Fain: “Yes, I rise because I gave a little bit of issue with some of our incoming freshman that many of them had a lot to say prior to their first speech and I wanted to compliment the good member from the Twenty-Fifth District because I believe that his honoring of women in sports today actually qualifies as his first speech. I have a feeling we may be hearing from him again in a moment and so I just wanted to thank him for heeding my advice to get on with it and share the better part of your district with all of us and we look forward to hearing that. So, I for one, would like to welcome Senator Dammeier to the State Senate.”
PERSONAL PRIVILEGE
Senator Tom: “Well, living on the east side I always here these radio commercials and one of the traditions in the senate after your first speech you give a gift to the senate members here on the floor. When I’m listening to the radio I always here Puyallup is where you get cars so I’m really looking forward to the incredible gifts from our generous member from the Twenty-Fifth District. Senator Dammeier is going to make a great senator. He is replacing an incredible friend of mine, a team mate I would say in Senator Kastama. You have a great tradition to hold in that district and we look forward to working with you, in, one, your strong support of education and, secondly, the strong family values that you bring with your passion not only for your family but the families in your community. Welcome to the Senate.”
PERSONAL PRIVILEGE
Senator Schoesler: “Well thank you Mr. President. Regarding the previous speaker and the new senator’s gift I don’t ask for a set of keys to a car like the previous speaker but knowing that the new member served on the Goodwill Board of Directors I hope that he didn’t take that role literally in shopping for our gifts. While I realized that he supplements his own wardrobe by cutting to the front of the line at the Goodwill store, I hope that we don’t get that and I also hope that he rises above the agricultural commodity of rhubarb in the gift. We learned long ago that Pierce County were the top producers of rhubarb. It’s out of season and not really here for us and it’s a little early for daffodils from Pierce County so I hope somewhere between rhubarb and daffodils and the keys to cars in Puyallup we will find an appropriate gift for this body.”
PERSONAL PRIVILEGE
Senator Dammeier: “Thank you Mr. President. I think that the good gentleman from the forty-eighth may have mistaken me for Oprah Winfrey there for a second. Having gone to the Naval Academy I must admit the hazing here is far less than that which I experienced there and since it is we are honoring women in sports I feel compelled to point out that Senator Braun’s daughter is a track athlete at the United States Naval Academy as we speak. So, Mr. President, I was a little bit torn as to what would be an appropriate gift to provide the Senate in celebration of my inaugural speech here but I thought I’d been hearing a lot recently about how senators are extremely hungry and don’t have time to satisfy their hunger. So what I thought I would do would share with this body one of the favorite food groups from my home town and that is some fresh hot fair scones today. I realize I am walking a fine line here with the President because it is food on the floor and I want the President to know that I am respectful of his rule of no food on the floor but I’m hoping that the members can restrain from eating the food on the floor and being subject to your wrath Mr. President but that will be on them. Thank you very much Mr. President.”
REPLY BY THE PRESIDENT
President Owen: “Senator Dammeier, the President is a great fan of Puyallup fair scones and as long as one makes it up this way he is willing to suspend his own rule of decorum for this moment in time and allow the members if they so desire to eat their scones on the floor.”
PERSONAL PRIVILEGE
Senator Hewitt: “Thank you Mr. President. This is my thirteenth year in the legislature and I’m just now starting to understand the reason we don’t get along in this state. The good senator from the forty-eighth said he’s from the east side. He is definitely not from the east side. He does not resemble anyone from the east side. He doesn’t think like anyone from the east side, He is not from the east side Mr. President. I could name the senators in this body that are from east side. He is not from the east side and I just wanted to make that point clear. Senator Tom, you are not from the east side.”
PERSONAL PRIVILEGE
Senator Benton: “Mr. President, I want to point out to the good senator from the twenty-fifth is well prepared today, obviously. We are receiving his wonderful gift here on the very same day he’s made his maiden speech. I just wanted to point out his timeliness is very much appreciated and I’m hoping that Senator Hasegawa will take note of Senator Dammeier’s punctuality in terms of the gift. It’s been, I think, three weeks now since were subjected to the screeching of the good senator and as a result of listening to that we are supposed to be receiving a gift and we have yet to receive that gift and I think that gift needs to have compounding interest added to it the longer we wait to receive it. So, I see that he’s conveniently not in his seat to hear this talk but I’m sure that his colleagues will pass our concerns along to him. Thank you Mr. President.”
REPLY BY THE PRESIDENT
President Owen: “The President has located him in the back couch there. That’s Senator Hasegawa right back there.”
MOTION
At 10:45 a.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.
The Senate was called to order at 11:23 a.m. by President Owen.
MOTION
On motion of Senator Fain, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 5002, by Senators Honeyford, Fraser and Ericksen
Concerning mosquito control districts.
MOTIONS
On motion of Senator Honeyford, Substitute Senate Bill No. 5002 was substituted for Senate Bill No. 5002 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5002 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Honeyford, Fraser and Hasegawa spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5002.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5002 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carrell, 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
SUBSTITUTE SENATE BILL NO. 5002, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5136, by Senators Padden and Kline
Concerning electronic presentment of claims against the state arising out of tortious conduct.
The measure was read the second time.
MOTION
On motion of Senator Padden, the rules were suspended, Senate Bill No. 5136 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Padden and Kline spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5136.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5136 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carrell, 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
SENATE BILL NO. 5136, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE JOINT MEMORIAL NO. 8001, by Senators Sheldon, Bailey, Holmquist Newbry, Becker, Cleveland, Carrell, Frockt, Delvin, Padden, Ericksen, Dammeier, Rivers, Benton, Honeyford, Braun, Hill, Parlette, Roach, Tom, Schoesler, King, Hewitt and Conway
Requesting that Interstate 5 be named the "Purple Heart Trail."
The measure was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, Senate Joint Memorial No. 8001 was advanced to third reading, the second reading considered the third and the memorial was placed on final passage.
Senators Sheldon and Eide spoke in favor of passage of the memorial.
The President declared the question before the Senate to be the final passage of Senate Joint Memorial No. 8001.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8001 and the memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carrell, 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
SENATE JOINT MEMORIAL NO. 8001, having received the constitutional majority, was declared passed. There being no objection, the title of the memorial was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5056, by Senators Honeyford, Keiser, Shin and Hewitt
Allowing a person to apply for a work permit for the employment of minors without completing a new master application under certain circumstances.
The measure was read the second time.
MOTION
On motion of Senator Honeyford, the rules were suspended, Senate Bill No. 5056 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Honeyford and Conway spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5056.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5056 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carrell, 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
SENATE BILL NO. 5056, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5139, by Senators Hatfield, Schoesler, Hobbs, Honeyford and Shin
Concerning milk and milk products.
The measure was read the second time.
MOTION
On motion of Senator Hatfield, the rules were suspended, Senate Bill No. 5139 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.
PARLIAMENTARY IQUIRY
Senator Darneille: “Mr. President, with your indulgence, I ‘d just like to tell you that I’m very moved by the previous speaker and so this being the occasion of my first floor speech I wonder if I might also talk a little about the Twenty-seventh district while I’m standing?”
REPLY BY THE PRESIDENT
President Owen: “No. Senator, I’m just kidding. If it’s pertinent to the bill, we’d love to hear your comments.”
REMARKS BY SENATOR DARNEILLE
Senator Darneille: “It’s actually pertinent to the action here today on the floor Mr. President. Thank you for your indulgence.”
REPLY BY THE PRESIDENT
President Owen: “Very good.”
PERSONAL PRIVILEGE
Senator Darneille: “We had a resolution earlier on the floor regarding President Reagan’s legacy and I too wanted to speak but that resolution got passed me before I could because now I have with me my gift from my district that I wanted to give to all of you, it is, it starts with jelly beans and it is an homage, if you will, to bi-partisanship and to President Reagan’s well-published love for jelly beans. The jelly beans themselves are jelly bellies. There are, indeed, forty-nine flavors of jelly bellies. So I thought it also very symbolic of our gathering here today that there are, in fact, forty-nine of us so there forty-nine flavors of us I guess. I have also attached to each of my packets of jelly beans a playing card. Now, I don’t think that there are gamblers here. It’s not that kind of a card but it’s actually a unique card to my district. These are cards that are done by artists in my district. They have self-published all of these. These are called the Tacoma Washington playing cards. Each of the cards is different and depicts artistic or photographic renderings of sights in my district. So, they’re all unique; Java Jive; Pt. Defiance Park; The Art Museum; Bridge of Glass; many, many reasons for all of you, as you’re driving by on the freeway through Tacoma and thinking that that is what Tacoma is, need to pull off at exit 133 and really see my district. So, as these come around, they’ll each have a different card of course and two of you, completely random-Senator Tom, I know you won’t get one of these-but there are two jokers in the deck and so I hope that those of you that do receive the jokers know that you will receive a full deck of the cards. So, these are actually great artistic works. They show great diversity of my district and I hope that you will enjoy them very much. I will need some help handing them out so I don’t know what the procedure is for doing that but hope you’ll all come to the Twenty-seventh district. Thank you very much.”
REMARKS BY THE PRESIDENT
President Owen: “Senator Darneille, the President is just working really hard to figure out how we’ve stretched this into a discussion about milk?”
REMARKS BY SENATOR DARNEILLE
Senator Darneille: “I said I was very moooved.”
The President declared the question before the Senate to be the final passage of Senate Bill No. 5139.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5139 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carrell, 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
SENATE BILL NO. 5139, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5152, by Senators Eide, King, Hobbs, Fain, Hatfield, Delvin, Murray, Frockt, Conway, Kohl-Welles and Shin
Creating Seattle Sounders FC and Seattle Seahawks special license plates.
MOTIONS
On motion of Senator Eide, Substitute Senate Bill No. 5152 was substituted for Senate Bill No. 5152 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Eide, the rules were suspended, Substitute Senate Bill No. 5152 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.
MOTION
On motion of Senator Rivers, Senator Holmquist Newbry was excused.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5152.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5152 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carrell, 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
Excused: Senator Holmquist Newbry
SUBSTITUTE SENATE BILL NO. 5152, 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 Fain: “Again, I want to thank our exemplary freshman legislators in the State Senate for contacting my office and scheduling your first speeches and then speaking to appropriate pieces legislation at the correct time. This type of ability to communicate is very important so I really complement each and every one of you, sans the good Senator Darneille, for timely consideration of first speeches. With that being said, we will have some good first speeches, that are planned first speeches, on Friday and we will look forward to those, which will be our next time working floor action.”
MOTION
At 12:02 p.m., on motion of Senator Fain, the Senate adjourned until 12:00 noon, Thursday, February 7, 2013.
BRAD OWEN, President of the Senate
HUNTER GOODMAN, Secretary of the Senate
5002
Second Reading..................................................................... 7
5002-S
Second Reading..................................................................... 8
Third Reading Final Passage................................................. 8
5056
Second Reading..................................................................... 8
Third Reading Final Passage................................................. 9
5076
Committee Report.................................................................. 1
5079
Committee Report.................................................................. 1
5092
Committee Report.................................................................. 1
5098
Committee Report.................................................................. 1
5136
Second Reading..................................................................... 8
Third Reading Final Passage................................................. 8
5137
Committee Report.................................................................. 1
5139
Second Reading..................................................................... 9
Third Reading Final Passage................................................. 9
5148
Committee Report.................................................................. 1
5152
Second Reading..................................................................... 9
5152-S
Second Reading................................................................... 10
Third Reading Final Passage............................................... 10
5154
Committee Report.................................................................. 1
5207
Committee Report.................................................................. 1
5212
Committee Report.................................................................. 2
5344
Committee Report.................................................................. 2
5346
Committee Report.................................................................. 2
5620
Introduction & 1st Reading..................................................... 2
5621
Introduction & 1st Reading..................................................... 2
5622
Introduction & 1st Reading..................................................... 2
5623
Introduction & 1st Reading..................................................... 2
5624
Introduction & 1st Reading..................................................... 2
5625
Introduction & 1st Reading..................................................... 2
5626
Introduction & 1st Reading..................................................... 2
5627
Introduction & 1st Reading..................................................... 2
5628
Introduction & 1st Reading..................................................... 2
5629
Introduction & 1st Reading..................................................... 2
5630
Introduction & 1st Reading..................................................... 3
5631
Introduction & 1st Reading..................................................... 3
5632
Introduction & 1st Reading..................................................... 3
5633
Introduction & 1st Reading..................................................... 3
5634
Introduction & 1st Reading..................................................... 3
5635
Introduction & 1st Reading..................................................... 3
5636
Introduction & 1st Reading..................................................... 3
5637
Introduction & 1st Reading..................................................... 3
5638
Introduction & 1st Reading..................................................... 3
5639
Introduction & 1st Reading..................................................... 3
5640
Introduction & 1st Reading..................................................... 3
5641
Introduction & 1st Reading..................................................... 3
5642
Introduction & 1st Reading..................................................... 3
5643
Introduction & 1st Reading..................................................... 4
5644
Introduction & 1st Reading..................................................... 4
5645
Introduction & 1st Reading..................................................... 4
5646
Introduction & 1st Reading..................................................... 4
5647
Introduction & 1st Reading..................................................... 4
5648
Introduction & 1st Reading..................................................... 4
5649
Introduction & 1st Reading..................................................... 4
5650
Introduction & 1st Reading..................................................... 4
5651
Introduction & 1st Reading..................................................... 4
5652
Introduction & 1st Reading..................................................... 4
8001
Second Reading..................................................................... 8
Third Reading Final Passage................................................. 8
8005
Introduction & 1st Reading..................................................... 4
8614
Adopted.................................................................................. 5
Introduced.............................................................................. 5
8615
Adopted.................................................................................. 6
Introduced.............................................................................. 5
PRESIDENT OF THE SENATE
Intro. Special Guests, swimmers and coaches, Oly Rollers, former Senator Ken Jacobsen, 2013Miss Auburn,....................... 6
Remarks by the President....................................................... 9
Reply by the President....................................................... 7, 9
WASHINGTON STATE SENATE
Parliamentary Inquiry, Senator Darneille.............................. 9
Personal Privilege, Senator Benton........................................ 7
Personal Privilege, Senator Dammeier.................................. 7
Personal Privilege, Senator Darneille.................................... 9
Personal Privilege, Senator Fain...................................... 6, 10
Personal Privilege, Senator Hewitt........................................ 7
Personal Privilege, Senator Schoesler.................................... 7
Personal Privilege, Senator Tom............................................ 7
Remarks by Senator Darneille............................................... 9