JOURNAL OF THE SENATE 1 ONE HUNDRED FIFTH DAY, APRIL 28, 2013 2013 REGULAR SESSION ONE HUNDRED FIFTH DAY AFTERNOON SESSION HB 2024 Prime Sponsor, Representative Pedersen: Concerning legal proceedings by the attorney general on behalf of state officers. Reported by Committee on Ways & Means Senate Chamber, Olympia, Sunday, April 28, 2013 MAJORITY recommendation: Do pass as amended. The Senate was called to order at 12:30 p.m. by President Signed by Senators Hill, Chair; Honeyford, Capital Budget Owen. The Secretary called the roll and announced to the Chair; Bailey; Becker; Braun; Conway; Dammeier; Fraser; President that all Senators were present with the exception of Hargrove, Ranking Member; Hasegawa; Hewitt; Keiser; Senators Carrell, Harper and Murray. Murray; Nelson, Assistant Ranking Member; Padden; The Sergeant at Arms Color Guard consisting of Senate Ranker; Schoesler and Tom. Interns Kylee Orr and Jacob Thorp, presented the Colors. Senator Shin offered the prayer. MINORITY recommendation: That it be referred without recommendation. Signed by Senators Hatfield; Parlette and MOTION Rivers. On motion of Senator Fain, the reading of the Journal of the Passed to Committee on Rules for second reading. previous day was dispensed with and it was approved. MOTION MOTION On motion of Senator Fain, all measures listed on the There being no objection, the Senate advanced to the first order of business. Standing Committee report were referred to the committees as designated. REPORTS OF STANDING COMMITTEES MOTION April 27, 2013 On motion of Senator Fain, the Senate advanced to the fourth EHB 1287 Prime Sponsor, Representative Appleton: order of business. Subjecting federally recognized Indian tribes to the same conditions as state and local governments for property owned MESSAGE FROM THE HOUSE exclusively by the tribe. Reported by Committee on Ways & Means April 27, 2013 MAJORITY recommendation: Do pass as amended. MR. PRESIDENT: Signed by Senators Hill, Chair; Bailey; Becker; Braun; The House has passed: Conway; Dammeier; Hargrove, Ranking Member; HOUSE BILL NO. 2058, Hasegawa; Keiser; Nelson, Assistant Ranking Member; and the same is herewith transmitted. Ranker; Rivers; Schoesler and Tom. BARBARA BAKER, Chief Clerk MINORITY recommendation: Do not pass. Signed by Senators Honeyford, Capital Budget Chair; Hewitt; Padden MOTION and Parlette. On motion of Senator Fain, Senator Carrell was excused. MINORITY recommendation: That it be referred without recommendation. Signed by Senator Fraser. MOTION Passed to Committee on Rules for second reading. At 12:37 p.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President. April 27, 2013 HB 1818 Prime Sponsor, Representative Smith: The Senate was called to order at 2:20 p.m. by President Promoting economic development through business and Owen. government streamlining projects. Reported by Committee on Ways & Means MOTION MAJORITY recommendation: Do pass. Signed by On motion of Senator Fain, the Senate advanced to the fifth Senators Hill, Chair; Honeyford, Capital Budget Chair; order of business. Bailey; Becker; Braun; Conway; Dammeier; Fraser; Hargrove, Ranking Member; Hasegawa; Hatfield; Hewitt; INTRODUCTION AND FIRST READING Keiser; Nelson, Assistant Ranking Member; Padden; Parlette; Ranker; Rivers; Schoesler and Tom. SB 5929 by Senator Kline Passed to Committee on Rules for second reading. AN ACT Relating to funding improved impaired driving safety and enforcement; and amending RCW 82.08.160 and April 27, 2013 46.68.260. 2 JOURNAL OF THE SENATE Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Referred to Committee on Ways & Means. McAuliffe, Mullet, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, SB 5930 by Senator Kline Smith and Tom Absent: Senators Harper and Murray AN ACT Relating to funding and requiring the use of Excused: Senator Carrell distributions from the additional tax on beer and strong beer Lee Newgent, Gubernatorial Appointment No. 9151, having for improving impaired driving safety and enforcement; and received the constitutional majority was declared confirmed as a amending RCW 66.24.290 and 46.68.260. member of the Work Force Training and Education Coordinating Board. Referred to Committee on Ways & Means. MOTION INTRODUCTION AND FIRST READING OF HOUSE BILLS On motion of Senator Billig, Senators Harper and Murray EHB 1539 by Representatives Rodne, Springer, Hargrove, were excused. Sullivan, Magendanz, Takko, Kochmar, Pettigrew, Fitzgibbon and Ryu THIRD READING CONFIRMATION OF GUBERNATORIAL APPOINTMENTS AN ACT Relating to the annexation of unincorporated territory within a code city; and amending RCW 35A.14.295. MOTION Referred to Committee on Governmental Operations. Senator Fraser moved that Anne Proffitt, Gubernatorial Appointment No. 9159, be confirmed as a member of the Board MOTION of Trustees, The Evergreen State College. Senator Fraser spoke in favor of the motion. On motion of Senator Fain, all measures listed on the Introduction and First Reading report were referred to the APPOINTMENT OF ANNE PROFFITT committees as designated with the exception of House Bill No. 1539 which was referred to the Committee on Governmental The President declared the question before the Senate to be Operations. the confirmation of Anne Proffitt, Gubernatorial Appointment No. 9159, as a member of the Board of Trustees, The Evergreen MOTION State College. On motion of Senator Fain, the Senate advanced to the The Secretary called the roll on the confirmation of Anne seventh order of business. Proffitt, Gubernatorial Appointment No. 9159, as a member of the Board of Trustees, The Evergreen State College and the THIRD READING appointment was confirmed by the following vote: Yeas, 46; CONFIRMATION OF GUBERNATORIAL APPOINTMENTS Nays, 0; Absent, 0; Excused, 3. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, MOTION Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Senator Keiser moved that Lee Newgent, Gubernatorial Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Appointment No. 9151, be confirmed as a member of the Work Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Force Training and Education Coordinating Board. McAuliffe, Mullet, Nelson, Padden, Parlette, Pearson, Ranker, Senator Keiser spoke in favor of the motion. Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom MOTION Excused: Senators Carrell, Harper and Murray Anne Proffitt, Gubernatorial Appointment No. 9159, having On motion of Senator Billig, Senator Kline was excused. received the constitutional majority was declared confirmed as a member of the Board of Trustees, The Evergreen State College. APPOINTMENT OF LEE NEWGENT MOTION The President declared the question before the Senate to be the confirmation of Lee Newgent, Gubernatorial Appointment On motion of Senator Fain, the Senate reverted to the fourth No. 9151, as a member of the Work Force Training and order of business. Education Coordinating Board. SIGNED BY THE PRESIDENT The Secretary called the roll on the confirmation of Lee Newgent, Gubernatorial Appointment No. 9151, as a member of Pursuant to Article 2, Section 32 of the State Constitution the Work Force Training and Education Coordinating Board and and Senate Rule 1(5), the President announced the signing of and the appointment was confirmed by the following vote: Yeas, 46; thereupon did sign in open session: Nays, 0; Absent, 2; Excused, 1. ENGROSSED SECOND SUBSTITUTE SENATE BILL Voting yea: Senators Bailey, Baumgartner, Becker, Benton, NO. 5193, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, SUBSTITUTE SENATE BILL NO. 5211, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, ENGROSSED SECOND SUBSTITUTE SENATE BILL Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, NO. 5267, JOURNAL OF THE SENATE 3 ONE HUNDRED FIFTH DAY, APRIL 28, 2013 2013 REGULAR SESSION SUBSTITUTE SENATE BILL NO. 5456, (b) Specifies with particularity the statement alleged to be false ENGROSSED SENATE BILL NO. 5484, and defamatory or otherwise actionable and, to the extent known, SENATE BILL NO. 5510, the time and place of publication; SECOND SUBSTITUTE SENATE BILL NO. 5595, (c) Alleges the defamatory meaning of the statement; ENGROSSED SUBSTITUTE SENATE BILL NO. 5744. (d) Specifies the circumstances giving rise to any defamatory meaning of the statement which arises from other than the express MESSAGE FROM THE HOUSE language of the publication; and (e) States that the alleged defamatory meaning of the statement April 26, 2013 is false. (4) In the absence of a previous adequate request, service of a MR. PRESIDENT: summons and complaint stating a claim for defamation or another The House receded from its amendment(s) to ENGROSSED claim covered by this chapter and containing the information SENATE BILL NO. 5236. Under suspension of the rules, the bill required in subsection (3) of this section constitutes an adequate was returned to second reading for the purposes of amendment(s). request for correction or clarification. The House adopted the following amendment(s): 5236.E AMH (5) The period of limitation for commencement of a GOOD CLYN 464, and passed the bill as amended by the House. defamation action or another claim covered by this chapter is tolled Strike everything after the enacting clause and insert the during the period allowed in section 7(1) of this act for responding to following: a