FIFTY SECOND DAY

 


MORNING SESSION

 

Senate Chamber, Olympia, Wednesday, March 6, 2013

 

The Senate was called to order at 9:00 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 Cooper James-Wilson Antin and Hannah Hoepfner, presented the Colors. Pastor Rick Casebier, Transformation Life Center of Olympia 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

 

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

 

MESSAGE FROM THE HOUSE

 

March 5, 2013

 

MR. PRESIDENT:

The House has passed: 

SUBSTITUTE HOUSE BILL NO. 1001,

HOUSE BILL NO. 1003,

SUBSTITUTE HOUSE BILL NO. 1270,

SUBSTITUTE HOUSE BILL NO. 1271,

HOUSE BILL NO. 1330,

SUBSTITUTE HOUSE BILL NO. 1343,

SUBSTITUTE HOUSE BILL NO. 1409,

HOUSE BILL NO. 1436,

SUBSTITUTE HOUSE BILL NO. 1541,

HOUSE BILL NO. 1609,

SUBSTITUTE HOUSE BILL NO. 1629,

SUBSTITUTE HOUSE BILL NO. 1635,

HOUSE BILL NO. 1660,

HOUSE BILL NO. 1937,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 5, 2013

 

MR. PRESIDENT:

The House has passed: 

SUBSTITUTE HOUSE BILL NO. 1048,

HOUSE BILL NO. 1175,

HOUSE BILL NO. 1207,

SECOND SUBSTITUTE HOUSE BILL NO. 1217,

HOUSE BILL NO. 1286,

HOUSE BILL NO. 1311,

HOUSE BILL NO. 1351,

HOUSE BILL NO. 1359,

HOUSE BILL NO. 1404,

SUBSTITUTE HOUSE BILL NO. 1456,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1480,

ENGROSSED HOUSE BILL NO. 1538,

SUBSTITUTE HOUSE BILL NO. 1582,

SUBSTITUTE HOUSE BILL NO. 1752,

SUBSTITUTE HOUSE BILL NO. 1814,

HOUSE BILL NO. 1860,

HOUSE BILL NO. 1861,

HOUSE BILL NO. 1863,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 5, 2013

 

MR. PRESIDENT:

The House has passed: 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1083,

ENGROSSED HOUSE BILL NO. 1394,

ENGROSSED HOUSE BILL NO. 1400,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1432,

ENGROSSED HOUSE BILL NO. 1483,

ENGROSSED HOUSE BILL NO. 1493,

ENGROSSED HOUSE BILL NO. 1733,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 1012          by House Committee on Business & Financial Services (originally sponsored by Representatives Stanford, Kirby, Ryu and Hudgins)

 

AN ACT Relating to maintenance of a surety bond for appraisal management companies; and amending RCW 18.310.040.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

SHB 1032          by House Committee on Business & Financial Services (originally sponsored by Representatives Kirby, Chandler, Ryu and Hudgins)

 

AN ACT Relating to portable electronics insurance; amending RCW 48.18.103, 48.19.040, 48.19.043, 48.120.015, 48.120.020, 48.120.020, and 48.120.025; adding a new section to chapter 48.18 RCW; providing an effective date; and providing an expiration date.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

HB 1065             by Representative Goodman

 

AN ACT Relating to the applicability of statutes of limitation in arbitration proceedings; and amending RCW 7.04A.090.

 

Referred to Committee on Law & Justice.

 

SHB 1074          by House Committee on Local Government (originally sponsored by Representatives Angel, Takko, Buys and Pike)

 

AN ACT Relating to requirements governing and associated with plat approvals; and amending RCW 58.17.140 and 58.17.170.

 

Referred to Committee on Governmental Operations.

 

SHB 1076          by House Committee on Education (originally sponsored by Representatives Haigh, Johnson, Takko, Fagan, Lytton, Short and Dahlquist)

 

AN ACT Relating to expanding participation in innovation academy cooperatives; and amending RCW 28A.340.080 and 28A.225.225.

 

Referred to Committee on Early Learning & K-12 Education.

 

SHB 1093          by House Committee on Government Operations & Elections (originally sponsored by Representatives Shea, Overstreet and Taylor)

 

AN ACT Relating to state agencies' lobbying activities; amending RCW 42.17A.750; prescribing penalties; and providing an effective date.

 

Referred to Committee on Governmental Operations.

 

HB 1101             by Representatives Ryu, McCoy, Pedersen, Jinkins, Green, Morrell, Bergquist and Farrell

 

AN ACT Relating to designating July 25th as patient safety day; and adding a new section to chapter 1.20 RCW.

 

Referred to Committee on Health Care.

 

SHB 1107          by House Committee on Judiciary (originally sponsored by Representatives McCoy, Shea, Appleton, Orwall, Jinkins, Morrell, Ryu, Green and Freeman)

 

AN ACT Relating to residential provisions for children of parents with military duties; amending RCW 26.09.260; reenacting and amending RCW 26.09.004; and adding a new section to chapter 26.09 RCW.

 

Referred to Committee on Law & Justice.

 

SHB 1116          by House Committee on Judiciary (originally sponsored by Representatives Pedersen, Hansen, Rodne and Nealey)

 

AN ACT Relating to collaborative law; and adding a new chapter to Title 7 RCW.

 

Referred to Committee on Law & Justice.

 

SHB 1130          by House Committee on Business & Financial Services (originally sponsored by Representatives Hurst and Dahlquist)

 

AN ACT Relating to the redemption of impounded vehicles; and amending RCW 46.55.120.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

SHB 1144          by House Committee on Education (originally sponsored by Representatives Dahlquist, Lytton, Fagan, Haigh, Moscoso, Magendanz, Liias, Ryu and Santos)

 

AN ACT Relating to qualifications for educational interpreters; adding a new section to chapter 28A.410 RCW; and creating a new section.

 

Referred to Committee on Early Learning & K-12 Education.

 

HB 1146             by Representatives Nealey, Blake, Chandler, Lytton, Warnick, Schmick, Walsh, Ryu and Haler

 

AN ACT Relating to certified water right examiner bonding requirements; and amending RCW 90.03.665.

 

Referred to Committee on Agriculture, Water & Rural Economic Development.

 

HB 1149             by Representatives Hurst, Ryu, Hunt and Santos

 

AN ACT Relating to increasing the volume of spirits that may be sold per day to a customer of a craft distillery; and amending RCW 66.24.145.

 

Referred to Committee on Commerce & Labor.

 

SHB 1155          by House Committee on Health Care & Wellness (originally sponsored by Representatives Cody, Schmick and Ryu)

 

AN ACT Relating to prescription information; amending RCW 69.41.010, 69.50.308, and 69.50.312; and reenacting and amending RCW 69.50.101.

 

Referred to Committee on Health Care.

 

SHB 1170          by House Committee on Finance (originally sponsored by Representatives Morrell, Cody, Seaquist, Morris, Green, Ormsby, Freeman, Jinkins, Blake, Moeller, Upthegrove, Ryu, Liias, Pollet, Fey, Haigh, Bergquist, Hunt and Santos)

 

AN ACT Relating to modifying the income thresholds for the exemption and deferral property tax relief programs for senior citizens and persons retired because of physical disability; and creating a new section.

 

Referred to Committee on Ways & Means.

 

HB 1173             by Representatives Santos, Ryu, Roberts, Maxwell and Bergquist

 

AN ACT Relating to the financial education public-private partnership; amending RCW 28A.300.450 and 28A.300.460; and adding a new section to chapter 28A.300 RCW.

 

Referred to Committee on Early Learning & K-12 Education.

 

HB 1178             by Representatives Lytton, Maxwell, Santos, Seaquist, Reykdal, Sullivan, Fitzgibbon, Ryu, Pollet, Stanford, Tharinger and Jinkins

 

AN ACT Relating to authorizing alternative assessments of basic skills for teacher certification; amending RCW 28A.410.220; and creating a new section.

 

Referred to Committee on Early Learning & K-12 Education.

 

HB 1179             by Representatives Morrell, Sawyer, Zeiger, Takko and Ryu

 

AN ACT Relating to the lien for collection of sewer utility charges by counties; and amending RCW 36.94.150.

 

Referred to Committee on Governmental Operations.

 

HB 1225             by Representatives Hunt, Reykdal, Morrell and Ryu

 

AN ACT Relating to cost savings and efficiencies in mailing notices of revocation to habitual traffic offenders; and amending RCW 46.65.065.

 

Referred to Committee on Transportation.

 

SHB 1242          by House Committee on Transportation (originally sponsored by Representatives Moscoso, Zeiger, Morrell, Johnson, Roberts and Springer)

 

AN ACT Relating to vehicle subagents; and amending RCW 46.01.140.

 

Referred to Committee on Transportation.

 

HB 1251             by Representatives Stonier, Carlyle, Seaquist, Harris, Maxwell, Takko, Kochmar, Vick, MacEwen, Fitzgibbon, Morrell, Tarleton, Haler, Riccelli and Bergquist

 

AN ACT Relating to membership on the opportunity scholarship board; and amending RCW 28B.145.020.

 

Referred to Committee on Higher Education.

 

SHB 1265          by House Committee on Transportation (originally sponsored by Representatives Freeman, Rodne, Goodman and Ryu)

 

AN ACT Relating to modifying provisions in the forms for traffic infraction notices; and amending RCW 46.63.060.

 

Referred to Committee on Transportation.

 

HB 1266             by Representatives Rodne, Pedersen, Nealey, Goodman, Freeman, Hunt and Ryu

 

AN ACT Relating to modifying the mandatory retirement provision for district judges; and amending RCW 3.74.030.

 

Referred to Committee on Law & Justice.

 

SHB 1284          by House Committee on Early Learning & Human Services (originally sponsored by Representatives Roberts, Walsh, Kagi, Sawyer, Goodman, Freeman, Farrell, Appleton, Ryu, Reykdal, Santos and Habib)

 

AN ACT Relating to the rights of parents who are incarcerated or in residential substance abuse treatment; amending RCW 13.34.067, 13.34.136, and 13.34.145; and reenacting and amending RCW 13.34.030 and 13.34.180.

 

Referred to Committee on Ways & Means.

 

SHB 1298          by House Committee on Government Operations & Elections (originally sponsored by Representatives Springer, Hunt, Ryu and Pollet)

 

AN ACT Relating to implementing recommendations of the sunshine committee; amending RCW 13.34.100, 42.56.240, 42.56.330, and 70.148.060; and reenacting and amending RCW 42.56.230.

 

Referred to Committee on Governmental Operations.

 

SHB 1332          by House Committee on Government Accountability & Oversight (originally sponsored by Representatives Kirby, Condotta, Hunt, Alexander, Takko, Manweller, Hurst, Shea, Blake and Reykdal)

 

AN ACT Relating to limited on-premise spirits sampling; and adding a new section to chapter 66.24 RCW.

 

Referred to Committee on Commerce & Labor.

 

ESHB 1336        by House Committee on Education (originally sponsored by Representatives Orwall, Dahlquist, Pettigrew, Cody, Walsh, Green, Appleton, Freeman, Fitzgibbon, Hunt, Stonier, Kagi, Maxwell, Goodman, Moscoso, Roberts, Reykdal, Lytton, Santos, Fagan, O'Ban, Van De Wege, Jinkins, Bergquist, Pollet, McCoy, Ryu, Upthegrove, Tarleton and Fey)

 

AN ACT Relating to increasing the capacity of school districts to recognize and respond to troubled youth; amending RCW 28A.410.035; adding a new section to chapter 28A.410 RCW; adding new sections to chapter 28A.320 RCW; adding a new section to chapter 28A.310 RCW; and creating new sections.

 

Referred to Committee on Ways & Means.

 

HB 1345             by Representatives Hayes, O'Ban, Hope, Dahlquist and Magendanz

 

AN ACT Relating to access to K-12 campuses for occupational or educational information; and amending RCW 28A.230.180.

 

Referred to Committee on Early Learning & K-12 Education.

 

HB 1361             by Representatives Kagi, Ryu, McCoy, Walsh, Sawyer and Tharinger

 

AN ACT Relating to the purchase of care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; amending RCW 74.13.031; reenacting and amending RCW 74.13.031; providing an effective date; and providing an expiration date.

 

Referred to Committee on Human Services & Corrections.

 

HB 1362             by Representatives Cody, Morrell and Schmick

 

AN ACT Relating to electronic timekeeping for in-home personal care or respite services; and amending RCW 74.39A.325.

 

Referred to Committee on Health Care.

 

SHB 1397          by House Committee on Education (originally sponsored by Representatives Orcutt, Santos, Dahlquist, Pike, Vick, Haler, Hargrove, Buys, Magendanz and Bergquist)

 

AN ACT Relating to adding a requirement to sexual health education to include legal elements of and consequences of conviction for sexual offenses where a minor is the victim; and amending RCW 28A.300.145.

 

Referred to Committee on Early Learning & K-12 Education.

 

SHB 1418          by House Committee on Government Operations & Elections (originally sponsored by Representatives Hunt, Buys, Manweller and Warnick)

 

AN ACT Relating to hours of availability for inspection and copying of public records; and amending RCW 42.56.090.

 

Referred to Committee on Governmental Operations.

 

SHB 1423          by House Committee on Education (originally sponsored by Representatives Haigh, Fagan, Seaquist, Magendanz and Hargrove)

 

AN ACT Relating to online learning; amending RCW 28A.150.325, 28A.150.262, 28A.250.010, 28A.250.020, 28A.250.050, 28A.250.070, 28A.225.225, 28A.150.100, 28A.520.020, 28A.525.162, and 28A.525.166; reenacting and amending RCW 28A.225.220; adding new sections to chapter 28A.250 RCW; creating a new section; and recodifying RCW 28A.150.262.

 

Referred to Committee on Early Learning & K-12 Education.

 

HB 1441             by Representatives Van De Wege, Morrell, Jinkins, Cody and Bergquist

 

AN ACT Relating to long-term care insurance; and amending RCW 48.83.090 and 48.83.170.

 

Referred to Committee on Health Care.

 

HB 1447             by Representatives Fey, Hargrove, Clibborn and Zeiger

 

AN ACT Relating to heavy haul corridors; amending RCW 46.44.0915; providing an effective date; and declaring an emergency.

 

Referred to Committee on Transportation.

 

SHB 1487          by House Committee on Business & Financial Services (originally sponsored by Representatives Parker, Kirby, MacEwen, Goodman, Kochmar, Upthegrove, Ryu, Angel, Maxwell and Bergquist)

 

AN ACT Relating to the real estate agency relationship; and amending RCW 18.86.010, 18.86.020, 18.86.030, 18.86.031, 18.86.040, 18.86.050, 18.86.060, 18.86.070, 18.86.080, 18.86.090, 18.86.100, 18.86.110, and 18.86.120.

 

Referred to Committee on Commerce & Labor.

 

SHB 1512          by House Committee on Local Government (originally sponsored by Representatives Takko, Kochmar, Fitzgibbon, Buys, Sullivan, Magendanz, Springer, Van De Wege and Ryu)

 

AN ACT Relating to fire suppression water facilities and services provided by municipal and other water purveyors; and adding a new chapter to Title 70 RCW.

 

Referred to Committee on Governmental Operations.

 

SHB 1529          by House Committee on Judiciary (originally sponsored by Representatives Stanford, Jinkins, McCoy, Riccelli, Fitzgibbon, Reykdal, Pollet, Orwall and Roberts)

 

AN ACT Relating to the disclosure of certain information when screening tenants; and amending RCW 59.18.580.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

HB 1533             by Representatives Rodne and Jinkins

 

AN ACT Relating to clarifying notice of claims in health care actions; and amending RCW 7.70.100.

 

Referred to Committee on Law & Justice.

 

SHB 1536          by House Committee on Higher Education (originally sponsored by Representatives Seaquist, Appleton, Haler, Springer, Stanford, McCoy, Upthegrove, Ormsby, Moscoso, Hunt, Ryu, Fitzgibbon, Lytton, Sawyer, Liias, Dunshee, Orwall, Cody, Stonier, Kagi, Moeller, Sells, Reykdal, Fey and Pollet)

 

AN ACT Relating to membership on community and technical college boards of trustees; and reenacting and amending RCW 28B.50.100.

 

Referred to Committee on Higher Education.

 

HB 1570             by Representatives Kretz, Takko and Short

 

AN ACT Relating to filing requirements for property tax exemption claims for certain improvements to benefit fish and wildlife habitat, water quality, or water quantity; and amending RCW 84.36.255.

 

Referred to Committee on Natural Resources & Parks.

 

HB 1576             by Representatives Springer, Kochmar, McCoy, Habib, Upthegrove, Fitzgibbon, Ryu, Maxwell, Riccelli and Moscoso

 

AN ACT Relating to creating greater efficiency in the offices of county assessors by allowing notification via electronic means; and adding a new section to chapter 84.09 RCW.

 

Referred to Committee on Governmental Operations.

 

HB 1592             by Representatives McCoy, Sells and Ryu

 

AN ACT Relating to enforcement of speeding violations on certain private roads; and amending RCW 46.61.419.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

HB 1593             by Representatives Jinkins, Angel, Kagi, Rodne, Cody, Clibborn, Riccelli, Moeller, Ryu, Pollet and Morrell

 

AN ACT Relating to providing access to the prescription drug monitoring database for clinical laboratories; amending RCW 70.225.040; and adding a new section to chapter 70.225 RCW.

 

Referred to Committee on Health Care.

 

SHB 1614          by House Committee on Higher Education (originally sponsored by Representatives Reykdal, Lytton, Seaquist, Pollet, Zeiger, Sells, Springer, Roberts, Maxwell, Ryu and Stanford)

 

AN ACT Relating to applied doctorate level degrees in audiology at Western Washington University; and adding a new section to chapter 28B.35 RCW.

 

Referred to Committee on Higher Education.

 

SHB 1617          by House Committee on Community Development, Housing & Tribal Affairs (originally sponsored by Representatives McCoy, Warnick, Orwall, Ryu, Smith, Maxwell, Moscoso and Freeman)

 

AN ACT Relating to the administrative costs for the allocation, management, and oversight of housing trust fund investments; and amending RCW 43.185.020, 43.185.050, 43.185.070, 43.185A.010, 43.185A.030, and 43.185A.050.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

HB 1645             by Representatives Riccelli, Sells, Ryu and Moscoso

 

AN ACT Relating to the Washington higher education facilities authority; and amending RCW 28B.07.030.

 

Referred to Committee on Higher Education.

 

ESHB 1647        by House Committee on Judiciary (originally sponsored by Representatives Tarleton, Haler, Riccelli, Maxwell, Sawyer, Scott, Bergquist, Farrell, Morrell, Jinkins, Roberts and Pollet)

 

AN ACT Relating to landlord responsibilities regarding keys to leased premises; and amending RCW 59.18.060.

 

Referred to Committee on Financial Institutions, Housing & Insurance.

 

SHB 1669          by House Committee on Higher Education (originally sponsored by Representatives Pollet, Haler, Cody, Tarleton, Johnson, Seaquist, Farrell, Magendanz, Riccelli and Ryu)

 

AN ACT Relating to self-supporting, fee-based programs at four-year institutions of higher education; and adding a new section to chapter 28B.15 RCW.

 

Referred to Committee on Higher Education.

 

HB 1736             by Representatives Zeiger, Seaquist, Haler, Pollet, Ryu, Sawyer, Bergquist, Magendanz and Farrell

 

AN ACT Relating to higher education operating efficiencies; amending RCW 28B.85.020; adding a new section to chapter 28B.10 RCW; creating a new section; and providing an expiration date.

 

Referred to Committee on Higher Education.

 

HB 1770             by Representatives Buys, Blake, Chandler, Lytton and Ryu

 

AN ACT Relating to the appointment of nonvoting advisory members to commodity boards; and adding a new section to chapter 15.65 RCW.

 

Referred to Committee on Agriculture, Water & Rural Economic Development.

 

SHB 1806          by House Committee on Community Development, Housing & Tribal Affairs (originally sponsored by Representatives Hansen, Magendanz, Appleton, Morrell, Bergquist and Fey)

 

AN ACT Relating to the definition of veteran for purposes of veterans' assistance programs; and amending RCW 41.04.007 and 73.08.005.

 

Referred to Committee on Governmental Operations.

 

SHB 1812          by House Committee on Appropriations Subcommittee on Education (originally sponsored by Representatives Haigh, Pettigrew, Springer, Haler, Hunt, Fagan, Morrell, Hunter, Hudgins and Santos)

 

AN ACT Relating to expenditure limitations on the urban school turnaround initiative grant; amending 2012 2nd sp.s. c 7 s 501 (uncodified); and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

SHB 1853          by House Committee on Labor & Workforce Development (originally sponsored by Representatives Maxwell, Hayes, Van De Wege, Kretz, Springer, Sells, Seaquist, Morrell, Ryu, Tharinger and Freeman)

 

AN ACT Relating to clarifying that real estate brokers licensed under chapter 18.85 RCW are independent contractors; and amending RCW 49.46.130.

 

Referred to Committee on Commerce & Labor.

 

SHB 1868          by House Committee on Appropriations (originally sponsored by Representatives Freeman, Goodman, Van De Wege, Appleton, Morrell, Tarleton, Tharinger, Ryu, Maxwell, Bergquist and Pollet)

 

AN ACT Relating to providing access to health insurance for certain law enforcement officers' and firefighters' plan 2 members catastrophically disabled in the line of duty; amending RCW 41.26.470; and creating a new section.

 

Referred to Committee on Ways & Means.

 

MOTION

 

On motion of Senator Fain, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of House Bill No. 1592 which was referred to the Committee on Financial Institutions, Housing & Insurance.

 

MOTION

 

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

 

MOTION

 

Senator Honeyford moved adoption of the following resolution:

SENATE RESOLUTION
8617

By Senators Honeyford, Hasegawa, Hatfield, Brown, Hobbs, Shin, Schoesler, Conway, King, and Holmquist Newbry

      WHEREAS, The State of Washington has previously recognized the proud history of Filipino-Americans; and

      WHEREAS, The earliest documented proof of Filipino presence in the continental United States was the date of October 18, 1587, when the first "Luzones Indios" set foot in Morro Bay, California; and

      WHEREAS, The Filipino-American National Historical Society recognizes the year of 1763 as the date of the first permanent Filipino settlement in the United States in St. Malo Parrish, Louisiana; and

      WHEREAS, Washington State contributed to this history with the recognition of the 1888 documents of Port Blakely on Bainbridge Island, Washington, at the time the largest lumber mill in the world, as listing a "Manilla," the first known employee from the Philippines in the Pacific Northwest; and

      WHEREAS, These events set in motion the focus on the story of our nation's past from a new perspective by concentrating on the economic, cultural, social, and other notable contributions that Filipino-Americans have made in countless ways toward the development of the United States; and

      WHEREAS, Efforts must continue to promote the study of Filipino-American history and culture, as mandated in the mission statement of the Filipino-American National Historical Society; and

      WHEREAS, It is imperative for Filipino-American youth to have positive role models to instill in them the importance of education, complemented with the richness of their ethnicity and the value of their legacy; and

      WHEREAS, Washington State is home to Filipinos, one of the largest Asian/Pacific Islander populations found in the state, and is the location of historic Filipino-American communities; and

      WHEREAS, Filipinos have served with special distinction in all of the United States military branches; and

      WHEREAS, The United States and the Republic of the Philippines continue to hold a special bond; and

      WHEREAS, The national office of the Filipino-American National Historical Society is located in the city of Seattle, Washington;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor October 2013 as Filipino-American history month and  recognize October 2013 as the 426th anniversary of the presence of Filipinos in the United States and as a significant time to study the advancement of Filipino-Americans in the history of the State of Washington; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Rey Pascua, President of the Filipino-American Community of the Yakima Valley for further distribution to the Filipino-American National Historical Society, to Asian and Pacific Islander organizations, to other historical societies and government entities, and to the Superintendent of Public Instruction.

      Senator Honeyford spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8617.

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

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Mr. David Della and other representatives of the Filipino community who were seated in the gallery and recognized by the Senate.

 

PERSONAL PRIVILEGE

 

Senator Rivers:  “Thank you Mr. President. It is my honor to introduce to this fine body a most excellent student from the University of Washington, Tacoma who is also my Intern who is gracing the rostrum today. Rosemary Delgado who has worked so hard for me and who puts up with me and I am very grateful for her presence in my office.”

 

PERSONAL PRIVILEGE

 

Senator Roach:  “Well, I too have an honor this week. My granddaughter, ah, she’s just dying, Emily Arras. Emily, can you stand up for us? …”

 

REPLY BY THE PRESIDENT

 

President Owen:  “Oh, poor girl, telling her to stand up.”

 

Senator Roach: “I know. Well not ‘poor girl’ because I’m her grandma. Let’s get that straight.”

President Owen: “No, no because you’re making her stand up.”

Senator Roach: “Emily, wave your hand. I’m the greatest grandmother. And you want a Christmas present? That’s what I thought. Emily is an outstanding student and soccer player. She’s fourteen. She’s the daughter of my only daughter. I have four sons but I have a daughter. Emily is the number one grandchild, number one of sixteen. What a wonderful girl. High values, hard-working, a lot like her mother, I think, in many ways. Thank you, Emily, for putting up with this. I appreciate it. Thank you, Mr. President and members of the Senate, I hope you’ll welcome her here.”

Remarks By The President

President Owen: “Of course, now we expect great things out of her while she’s here of course.”

 

PERSONAL PRIVILEGE

 

Senator Shin:  “Thank you Sir. I just walked in and I wasn’t here prepared to greet this delegation, friends from Filipino American community. Historically, the United States relations with Philippines goes back, way back into the nineteen century. It is through the efforts and assistance alliance between the United States and Philippines were able to much, much prevent the World War to become bigger. Also the Filipinos provided their bases for the American naval stations there. They helped us to also bring us a victory. For that reason the United States and the Filipinos and the theme was ‘tangere me nech’ which means ‘touch me not.’ Spanish colonialism became much worse so that they worked towards independence and the United States helped them to gain independence. Today, we’re still the best friends. So I want to thank the Filipino American community, friends there, who are here and am honored to sponsor this legislation to congratulate them. Thank you Mr. President.”

 

MOTION

 

On motion of Senator Fain, Senator Bailey was excused.

 

MOTION

 

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

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Schlicher moved that Beverly Cheney, Gubernatorial Appointment No. 9009, be confirmed as a member of the Board of Trustees, Olympic Community College District No. 3.

      Senator Schlicher spoke in favor of the motion.

 

APPOINTMENT OF BEVERLY CHENEY

 

The President declared the question before the Senate to be the confirmation of Beverly Cheney, Gubernatorial Appointment No. 9009, as a member of the Board of Trustees, Olympic Community College District No. 3.

 

The Secretary called the roll on the confirmation of Beverly Cheney, Gubernatorial Appointment No. 9009, as a member of the Board of Trustees, Olympic Community College District No. 3 and the appointment was confirmed 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

Beverly Cheney, Gubernatorial Appointment No. 9009, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Olympic Community College District No. 3.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Hatfield moved that Dwayne Johnson, Gubernatorial Appointment No. 9024, 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 DWAYNE JOHNSON

 

The President declared the question before the Senate to be the confirmation of Dwayne Johnson, Gubernatorial Appointment No. 9024, as a member of the Board of Trustees, Peninsula Community College District No. 1.

 

The Secretary called the roll on the confirmation of Dwayne Johnson, Gubernatorial Appointment No. 9024, as a member of the Board of Trustees, Peninsula Community College District No. 1 and the appointment was confirmed 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

Dwayne Johnson, Gubernatorial Appointment No. 9024, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Peninsula Community College District No. 1.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Ranker moved that Charles Robinson, Gubernatorial Appointment No. 9026, be confirmed as a member of the Board of Trustees, Whatcom Community College District No. 21.

      Senator Ranker spoke in favor of the motion.

 

APPOINTMENT OF CHARLES ROBINSON

 

The President declared the question before the Senate to be the confirmation of Charles Robinson, Gubernatorial Appointment No. 9026, as a member of the Board of Trustees, Whatcom Community College District No. 21.

 

The Secretary called the roll on the confirmation of Charles Robinson, Gubernatorial Appointment No. 9026, as a member of the Board of Trustees, Whatcom Community College District No. 21 and the appointment was confirmed 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

Charles Robinson, Gubernatorial Appointment No. 9026, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Whatcom Community College District No. 21.

 

MOTION

 

On motion of Senator Rivers, Senators Ericksen and Holmquist Newbry were excused.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Ranker moved that Barbara Rofkar, Gubernatorial Appointment No. 9027, be confirmed as a member of the Board of Trustees, Whatcom Community College District No. 21.

      Senator Ranker spoke in favor of the motion.

 

APPOINTMENT OF BARBARA ROFKAR

 

The President declared the question before the Senate to be the confirmation of Barbara Rofkar, Gubernatorial Appointment No. 9027, as a member of the Board of Trustees, Whatcom Community College District No. 21.

 

The Secretary called the roll on the confirmation of Barbara Rofkar, Gubernatorial Appointment No. 9027, as a member of the Board of Trustees, Whatcom Community College District No. 21 and the appointment was confirmed by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carrell, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, 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: Senators Ericksen and Holmquist Newbry

Barbara Rofkar, Gubernatorial Appointment No. 9027, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Whatcom Community College District No. 21.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Conway moved that Robert Ryan, Gubernatorial Appointment No. 9029, be confirmed as a member of the Board of Trustees, Tacoma Community College District No. 22.

      Senator Conway spoke in favor of the motion.

 

APPOINTMENT OF ROBERT RYAN

 

The President declared the question before the Senate to be the confirmation of Robert Ryan, Gubernatorial Appointment No. 9029, as a member of the Board of Trustees, Tacoma Community College District No. 22.

 

The Secretary called the roll on the confirmation of Robert Ryan, Gubernatorial Appointment No. 9029, as a member of the Board of Trustees, Tacoma Community College District No. 22 and the appointment was confirmed by the following vote:  Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

      Absent: Senator Shin

      Excused: Senators Ericksen and Nelson

Robert Ryan, Gubernatorial Appointment No. 9029, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Tacoma Community College District No. 22.

 

PERSONAL PRIVILEGE

 

Senator Ranker:  “Thank you Mr. President. I want to point out for the bodys knowledge, this is a very sad day. Last night Manchester united, lost to Madrid. And out of respect for a certain individual in your office Mr. President, I want to say congratulations to Madrid even though it really, really hurts. Thank you.”

 

REPLY BY THE PRESIDENT

 

President Owen:  “I’m sure he appreciates that.”

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Darneille moved that Karen Seinfeld, Gubernatorial Appointment No. 9031, be confirmed as a member of the Board of Trustees, Bates Technical College District No. 28.

      Senators Darneille and Dammeier spoke in favor of passage of the motion.

 

APPOINTMENT OF KAREN SEINFELD

 

The President declared the question before the Senate to be the confirmation of Karen Seinfeld, Gubernatorial Appointment No. 9031, as a member of the Board of Trustees, Bates Technical College District No. 28.

 

The Secretary called the roll on the confirmation of Karen Seinfeld, Gubernatorial Appointment No. 9031, as a member of the Board of Trustees, Bates Technical College District No. 28 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, 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, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Excused: Senator Nelson

Karen Seinfeld, Gubernatorial Appointment No. 9031, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Bates Technical College District No. 28.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Hatfield moved that Stephen Vincent, Gubernatorial Appointment No. 9038, be confirmed as a member of the Board of Trustees, Lower Columbia Community College District No. 13.

      Senator Hatfield spoke in favor of the motion.

 

APPOINTMENT OF STEPHEN VINCENT

 

The President declared the question before the Senate to be the confirmation of Stephen Vincent, Gubernatorial Appointment No. 9038, as a member of the Board of Trustees, Lower Columbia Community College District No. 13.

 

The Secretary called the roll on the confirmation of Stephen Vincent, Gubernatorial Appointment No. 9038, as a member of the Board of Trustees, Lower Columbia Community College District No. 13 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, 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, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Excused: Senator Nelson

Stephen Vincent, Gubernatorial Appointment No. 9038, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Lower Columbia Community College District No. 13.

 

MOTION

 

At 9:54 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 10:46 a.m. by President Owen.

 

MOTION

 

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

 

PERSONAL PRIVILEGE

 

Senator Litzow:  “Thank you Mr. President. Today we are going to be running a number of education bills and I think as everybody sees on their desks, there’s an apple. The apple is from Rosemary McAuliffe and myself and it’s more of a symbol that we may not agree how to get there, we’re all here with the same goal. How do we make more kids successful? How do we increase the graduation rate and do we close the opportunity gap? Unfortunately there is no silver bullet and obviously there is no perfect legislation but I’d like to thank Senator McAuliffe and the rest of the Education Committee for their efforts and ideas to get us closer to those ideals. So, thank you.”

 

PERSONAL PRIVILEGE

 

Senator McAuliffe:  “Thank you Mr. President, so, I think I want to recognize the efforts of our Senate Chair, Senator Litzow who has worked diligently with many of our members of the Education Committee to help us to have a non-partisan committee. Education is non-partisan. Our children are non-partisan and what we all hope for is their future. Help them to become successful. One of the particular bills that I want to recognize today for his efforts is the Senator from the Twenty-fifth district. Actually him and I worked together on one of the bills that you’ll hear today and I want to say how much I appreciate that effort. So, it’s Education Day, let’s roll it.”

 

SECOND READING

 

SENATE BILL NO. 5328, by Senators Litzow, Hobbs, Dammeier, Hatfield, Baumgartner, Roach, Hill, Braun and Tom

 

Creating a school-grading program that relies on the accountability index.

 

MOTION

 

On motion of Senator Litzow, Substitute Senate Bill No. 5328 was substituted for Senate Bill No. 5328 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

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

0.On page 1, line 13, strike everything beginning with "implement a" and through "earn a grade." On page 3, line 25, and insert the following:

      "work with the office of the superintendent of public instruction to link the current achievement index website developed by the state board of education with the  school report card that is available on the superintendent of public instruction's website as require by RCW 28A.655.110."

      On page 3, line 29, strike "each school district's grade and each school's grade.", and insert "information from the achievement index for each school and district, along with a clear explanation of how  the information is calculated and what it means."

      On page 3, line 31, strike "the school and district grade history" and insert "a description of the change over time in the school and district's performance as calculated by the achievement index"

      On page 3, beginning on line 33, strike "each school's grade and must also include the school district's grade." and insert "information from the achievement index as it relates to each school and the school district, along with a clear explanation of how the information is calculated and what it means."

      On page 3, beginning with "For" on line 35, strike everything through "(10)" on page 4, line 1.

      On page 4, beginning with "(11)" on line 4, strike everything through "year." on line 22.

Senator Mullet spoke in favor of adoption of the amendment.

Senator Litzow spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Mullet on page 1, line 13 to Substitute Senate Bill No. 5328.

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

 

MOTION

 

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

0.On page 1, beginning on line 14, strike "having one of the following grades", and insert: "being in one of the following categories"

      On page 1, line 15, strike ""A" for"

      On page 1, line 16, strike ""B" for"

      On page 1, line 17, strike ""C" for"

      On page 1, line 18, strike ""D" for"

      On page 1, line 19, strike ""F" for"

      On page 2, line 4, after "earn a", strike "school grade" and insert "category designation in the school-grading program"

      On page 2, line 8, after "earn a", strike "school grade" and insert "category designation in the school-grading program"

      On page 2, line 10, after "earning the", strike "grade" and insert "category"

      On page 2, line 17, after "earn the", strike "grade earned by" and insert "category designation of"

      On page 2, line 18, after "school's", strike "grade" and insert "category designation in the school-grading program"

      On page 2, line 27, after "school's", strike "grade" and insert "category designation"

      On page 3, line 3, after "school", strike "grade" and insert "category designation"

      On page 3, line 6, after "earning a", strike "grade of "C,"" and insert "category designation of "making satisfactory progress,"

      On page 3, line 10, strike "school letter grade" and insert "category designation"

      On page 3, line 10, after "one", strike "letter" and insert "category"

      On page 3, line 12, after "for school", strike "grades" and insert "category designations"

      On page 3, line 14, after "earn a", strike "grade of "A," and insert "category designation of "making excellent progress"

      On page 3, line 17, after "school district's", strike "grade" and insert "category designation"

      On page 3, line 18, after "school district's", strike "grade" and insert "category designation"

      On page 3, line 20, after "school", strike "grade" and insert "category designation"

      On page 3, line 29, after "school district's", strike "grade" and insert "category designation"

      On page 3, line 29, after "each school's", strike "grade" and insert "category designation"

      On page 3, line 31, after "district", strike "grade" and insert "category designation"

      On page 3, line 33, after "school's", strike "grade" and insert "category designation"

      On page 3, line 34, after "school district's", strike "grade" and insert "category designation"

Senators McAuliffe, Frockt, Rolfes, Kohl-Welles and Ranker spoke in favor of adoption of the amendment.

Senators Litzow, Honeyford, Ericksen, Carrell and Sheldon spoke against adoption of the amendment.

 

Senator Frockt demanded a roll call.

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 1, line 14 to Substitute Senate Bill No. 5328.

 

ROLL CALL

 

The Secretary called the roll on the adoption of the amendment by Senator McAuliffe, on page 1, line 14 and the amendment was not adopted by the following vote:  Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

Voting yea: Senators Billig, Chase, Cleveland, Conway, Darneille, Eide, Fraser, Frockt, Hargrove, Harper, Hasegawa, Keiser, Kline, Kohl-Welles, McAuliffe, Mullet, Murray, Nelson, Ranker, Rolfes, Schlicher and Shin

      Voting nay: Senators Bailey, Baumgartner, Becker, Benton, Braun, Brown, Carrell, Dammeier, Ericksen, Fain, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Litzow, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon, Smith and Tom

 

MOTION

 

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

0.On page 4, line 8, after "districts." insert "The school districts chosen by the office of the superintendent of public instruction shall be able to opt out of participating in the pilot program."

Senator McAuliffe spoke in favor of adoption of the amendment.

Senator Litzow spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 4, line 8 to Substitute Senate Bill No. 5328.

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

 

MOTION

 

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

0.On page 4, after line 22, insert the following:

      "(13) Beginning in 2015, any school district with at least one school designated as an "F" school under the school-grading program created by this act shall be designated a required action district and subject to the provisions of chapter 28A.657 RCW.  Any school districts designated as a required action district under the authority of this section shall receive state funding to support the implementation of a required action plan."

Senators Billig and Litzow spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Billig on page 4, after line 22 to Substitute Senate Bill No. 5328.

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

 

MOTION

 

On motion of Senator Litzow, the rules were suspended, Engrossed Substitute Senate Bill No. 5328 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Litzow, Hobbs, Smith, Carrell, Roach and Tom spoke in favor of passage of the bill.

      Senators McAuliffe, Fraser, Schlicher, Murray, Frockt, Shin, Rolfes and Billig spoke against passage of the bill.

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5328.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5328 and the bill passed the Senate by the following vote:  Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Braun, Brown, Carrell, Dammeier, Ericksen, Fain, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Litzow, Padden, Parlette, Rivers, Roach, Schoesler, Sheldon, Smith and Tom

      Voting nay: Senators Billig, Chase, Cleveland, Conway, Darneille, Eide, Fraser, Frockt, Hargrove, Harper, Hasegawa, Keiser, Kline, Kohl-Welles, McAuliffe, Mullet, Murray, Nelson, Pearson, Ranker, Rolfes, Schlicher and Shin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5328, 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 Fain, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.

 

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

 

SECOND READING

 

SENATE BILL NO. 5242, by Senators Litzow, Dammeier, Tom, Hobbs, Hatfield, Delvin, Hewitt, Padden and Schoesler

 

Requiring policies regarding assignment of certificated instructional staff.

 

MOTION

 

On motion of Senator Litzow, Substitute Senate Bill No. 5242 was substituted for Senate Bill No. 5242 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

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

0.On page 2, beginning on line 9, after "(3)" strike all material through "assigned." on line 11 and insert "A nonprovisional certificated instructional staff member may be assigned on a temporary basis to a particular school for up to one school year without the mutual agreement of the school's principal and the staff member being assigned."

On page 2, line 14, after "year." insert "If mutual agreement between the principal and the temporarily assigned nonprovisional certificated staff member is not reached by the end of the staff member's one school year temporary assignment, then the nonprovisional certificated staff member may be reassigned under subsection (4) of this section."

Senators McAuliffe and Mullet spoke in favor of adoption of the amendment.

Senator Litzow spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 2, line 5 to Substitute Senate Bill No. 5242.

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

 

MOTION

 

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

0.On page 2, line 11, after "assigned.  ", insert:

"A principal may only refuse consent up to two times per school year."

      On page 2, line 34, after "act.", insert:

      "NEW SECTION.  Sec. 3.  Sections 1 and 2 of this act expire July 30, 2016."

Senator Mullet spoke in favor of adoption of the amendment.

Senator Dammeier spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Mullet on page 2, line 11 to Substitute Senate Bill No. 5242.

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

 

MOTION

 

On motion of Senator Billig, Senator Kohl-Welles was excused.

 

MOTION

 

Senator Frockt moved that the following striking amendment by Senators Frockt, Billig and Mullet be adopted:

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

"Sec. 1.  RCW 28A.150.230 and 2010 c 235 s 201 are each amended to read as follows:

      (1) It is the intent and purpose of this section to guarantee that each common school district board of directors, whether or not acting through its respective administrative staff, be held accountable for the proper operation of their district to the local community and its electorate.  In accordance with the provisions of this title ((28A RCW, as now or hereafter amended)), each common school district board of directors shall be vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such program provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning.

      (2) In conformance with the provisions of this title ((28A RCW, as now or hereafter amended)), it shall be the responsibility of each common school district board of directors to adopt policies to:

      (a) Establish performance criteria and an evaluation process for its superintendent, classified staff, certificated personnel, including administrative staff, and for all programs constituting a part of such district's curriculum.  Each district shall report annually to the superintendent of public instruction the following for each employee group listed in this subsection (2)(a):  (i) Evaluation criteria and rubrics; (ii) a description of each rating; and (iii) the number of staff in each rating;

      (b) Determine the final assignment of staff, certificated or classified, according to board enumerated classroom and program needs and data, based upon a plan to ensure that the assignment policy:  (i) Supports the learning needs of all the students in the district; ((and)) (ii) gives specific attention to high-need schools and classrooms; and (iii) includes the following elements:  (A) Certifications and endorsements; (B) evaluation performance ratings; (C) expertise related to the assignment; (D) seniority; and (E) other appropriate variables as determined by the school board and set forth in the policy;

      (c) Provide information to the local community and its electorate describing the school district's policies concerning hiring, assigning, terminating, and evaluating staff, including the criteria for evaluating teachers and principals;

      (d) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW 28A.150.220, or rules of the state board of education;

      (e) Determine the allocation of staff time, whether certificated or classified;

      (f) Establish final curriculum standards consistent with law and rules of the superintendent of public instruction, relevant to the particular needs of district students or the unusual characteristics of the district, and ensuring a quality education for each student in the district; and

      (g) Evaluate teaching materials, including text books, teaching aids, handouts, or other printed material, in public hearing upon complaint by parents, guardians or custodians of students who consider dissemination of such material to students objectionable.

(3) The inclusion of evaluation performance ratings under subsection (2)(b) of this section in the district assignment policies is not required until the school districts have implemented the certificated classroom teacher and principal evaluation systems under RCW 28A.405.100(7)(b)."

      On page 1, line 2 of the title, after "schools;" strike the remainder of the title and insert "and amending RCW 28A.150.230."

 

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

      Senator Litzow spoke against adoption of the striking amendment.

 

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Frockt, Billig and Mullet to Substitute Senate Bill No. 5242.

The motion by Senator Frockt failed and the striking amendment was not adopted by a rising vote.

 

MOTION

 

On motion of Senator Litzow, the rules were suspended, Substitute Senate Bill No. 5242 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Litzow spoke in favor of passage of the bill.

      Senators Frockt, Rolfes, Conway and McAuliffe spoke against passage of the bill.

 

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5242.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5242 and the bill passed the Senate by the following vote:  Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Braun, Brown, Carrell, Dammeier, Ericksen, Fain, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Litzow, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon, Smith and Tom

      Voting nay: Senators Billig, Chase, Cleveland, Conway, Darneille, Eide, Fraser, Frockt, Hargrove, Harper, Hasegawa, Keiser, Kline, Kohl-Welles, McAuliffe, Mullet, Murray, Nelson, Ranker, Rolfes, Schlicher and Shin

SUBSTITUTE SENATE BILL NO. 5242, 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 12:36 p.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.

 

AFTERNOON SESSION

 

The Senate was called to order at 2:16 p.m. by President Owen.

 

MOTION

 

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

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Chase moved that Emily Yim, Gubernatorial Appointment No. 9041, be confirmed as a member of the Board of Trustees, Edmonds Community College District No. 23.

      Senator Chase spoke in favor of the motion.

 

APPOINTMENT OF EMILY YIM

 

The President declared the question before the Senate to be the confirmation of Emily Yim, Gubernatorial Appointment No. 9041, as a member of the Board of Trustees, Edmonds Community College District No. 23.

 

The Secretary called the roll on the confirmation of Emily Yim, Gubernatorial Appointment No. 9041, as a member of the Board of Trustees, Edmonds Community College District No. 23 and the appointment was confirmed 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

Emily Yim, Gubernatorial Appointment No. 9041, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Edmonds Community College District No. 23.

 

MOTION

 

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

 

SECOND READING

 

SENATE BILL NO. 5587, by Senators Litzow, Dammeier, Rivers, Fain and Tom

 

Concerning student assessments.

 

MOTION

 

On motion of Senator Dammeier, Substitute Senate Bill No. 5587 was substituted for Senate Bill No. 5587 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

Senator Dammeier moved that the following striking amendment by Senators Dammeier and McAuliffe be adopted:

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

"NEW SECTION.  Sec. 1.  The legislature finds that the superintendent of public instruction was authorized to align the state essential academic learning requirements for mathematics, reading, writing, and communication with the common set of standards for students in grades kindergarten through twelve, known as the common core state standards, which were developed by a multistate consortium in which Washington took part.  The legislature further finds that Washington has joined one of two multistate consortia using a federal grant to develop new language arts and math assessments in grades three through eight and grade eleven that are, among other factors, aligned with the common core state standards and test college and career readiness at the high school level.  The legislature further finds that the assessments are required to be ready for use by the 2014-15 school year.  The legislature intends to make changes to the assessment system in order to use the consortia-developed assessments for both high school graduation and to meet the federal accountability requirements.  As the state transitions from the current assessments to the consortia-developed assessments the legislature intends that both the current tenth grade assessments and the consortia-developed assessments may be used for high school graduation purposes by the graduating classes of 2016 and 2017.  Beginning with the graduating class of 2018, students must meet the state standards on the consortia-developed assessments to earn the certificate of academic achievement and graduate from high school.

Sec. 2.  RCW 28A.655.061 and 2011 1st sp.s. c 22 s 2 are each amended to read as follows:

      (1) The high school assessment system shall include but need not be limited to the statewide student assessment, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and, if approved by the legislature pursuant to subsection (10) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards.  The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the statewide student assessment for each content area.

      (2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained ((by most students at about the age of sixteen,)) and is evidence that the students have successfully met the state standard in the content areas included in the certificate.  With the exception of students satisfying the provisions of RCW 28A.155.045 or 28A.655.0611, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.

      (3) Beginning with the graduating class of 2008 through the graduating class of 2015, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, and mathematics ((content areas of the)) high school statewide student assessment shall earn a certificate of academic achievement.  Beginning with the graduating class of 2018, a student who meets the state standards on the English language arts and revised mathematics high school statewide assessments shall earn a certificate of academic achievement.  The graduating classes of 2016 and 2017 must meet the requirements in accordance with RCW 28A.655.066.  If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area ((up to four times)) at least twice a year at no cost to the student.  If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement.   Once objective alternative assessments are authorized pursuant to subsection (10) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has taken the statewide student assessment at least once.  If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement.

      (4) Beginning with the graduating class of 2015, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the statewide student assessment or the objective alternative assessments in order to earn a certificate of academic achievement.

      (5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045.

      (6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.

      (7) School districts must make available to students the following options:

      (a) To retake the statewide student assessment ((up to four times)) at least twice a year in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or

      (b) To retake the statewide student assessment ((up to four times)) at least twice a year in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college.  The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.

      (8) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.

      (9) Opportunities to retake the assessment at least twice a year shall be available to each school district.

      (10)(a) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process for students' scores, for students to demonstrate achievement of the state academic standards.  The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the statewide student assessment and be objective in its determination of student achievement of the state standards.  Before any objective alternative assessments in addition to those authorized in RCW 28A.655.065 or (b) of this subsection are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.

      (b)(i) A student's score on the mathematics, reading or English, or writing portion of the SAT or the ACT may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the state standards for the certificate of academic achievement.  The state board of education shall identify the scores students must achieve on the relevant portion of the SAT or ACT to meet or exceed the state standard in the relevant content area on the statewide student assessment.  A student's score on the science portion of the ACT or the science subject area tests of the SAT may be used as an objective alternative assessment under this section as soon as the state board of education determines that sufficient data is available to identify reliable equivalent scores for the science content area of the statewide student assessment.  After the first scores are established, the state board may increase but not decrease the scores required for students to meet or exceed the state standards.

      (ii) A student who scores at least a three on the grading scale of one to five for selected AP examinations may use the score as an objective alternative assessment under this section for demonstrating that a student has met or exceeded state standards for the certificate of academic achievement.  A score of three on the AP examinations in calculus or statistics may be used as an alternative assessment for the mathematics portion of the statewide student assessment.  A score of three on the AP examinations in English language and composition may be used as an alternative assessment for the ((writing)) English language arts portion of the statewide student assessment.  A score of three on the AP examinations in English literature and composition, macroeconomics, microeconomics, psychology, United States history, world history, United States government and politics, or comparative government and politics may be used as an alternative assessment for the ((reading)) English language arts portion of the statewide student assessment.  A score of three on the AP examination in biology, physics, chemistry, or environmental science may be used as an alternative assessment for the science portion of the statewide student assessment.

      (11) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.

      (12) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for and notify students and their parents or legal guardians as provided in this subsection.  Student learning plans are required for eighth grade students who were not successful on any or all of the content areas of the state assessment during the previous school year or who may not be on track to graduate due to credit deficiencies or absences.  The parent or legal guardian shall be notified about the information in the student learning plan, preferably through a parent conference and at least annually.  To the extent feasible, schools serving English language learner students and their parents shall translate the plan into the primary language of the family.  The plan shall include the following information as applicable:

      (a) The student's results on the state assessment;

      (b) If the student is in the transitional bilingual program, the score on his or her Washington language proficiency test II;

      (c) Any credit deficiencies;

      (d) The student's attendance rates over the previous two years;

      (e) The student's progress toward meeting state and local graduation requirements;

      (f) The courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation;

      (g) Remediation strategies and alternative education options available to students, including informing students of the option to continue to receive instructional services after grade twelve or until the age of twenty-one;

      (h) The alternative assessment options available to students under this section and RCW 28A.655.065;

      (i) School district programs, high school courses, and career and technical education options available for students to meet graduation requirements; and

      (j) Available programs offered through skill centers or community and technical colleges, including the college high school diploma options under RCW 28B.50.535.

Sec. 3.  RCW 28A.655.066 and 2011 c 25 s 2 are each amended to read as follows:

      (1)(a) In consultation with the state board of education, the superintendent of public instruction shall develop statewide end-of-course assessments for high school mathematics that measure student achievement of the state mathematics standards.  The superintendent shall take steps to ensure that the language of the assessments is responsive to a diverse student population.  The assessments shall be implemented statewide in the 2010-11 school year.

      (b) The superintendent shall develop end-of-course assessments for the first year of high school mathematics that include the standards common to algebra I and integrated mathematics I and for the second year of high school mathematics that include the standards common to geometry and integrated mathematics II.  The assessments under this subsection (1)(b) shall be used to demonstrate that a student meets the state standard on the mathematics content area of the high school ((Washington)) statewide student assessment ((of student learning)) for purposes of RCW 28A.655.061.

      (c) The superintendent of public instruction shall also develop subtests for the end-of-course assessments that measure standards for the first two years of high school mathematics that are unique to algebra I, integrated mathematics I, geometry, and integrated mathematics II.  The results of the subtests shall be reported at the student, teacher, school, and district level.  These end-of-course assessments shall not be administered and shall not be used for state or federal accountability after the 2014-15 school year.

      (2) For the graduating classes of 2013 and 2014 and for purposes of the certificate of academic achievement under RCW 28A.655.061, a student may use:  (a) Results from the end-of-course assessment for the first year of high school mathematics or the results from the end-of-course assessment for the second year of high school mathematics; or (b) results from a high school mathematics retake assessment.

      (3) ((Beginning with)) The graduating class of 2015 ((and)), for purposes of the certificate of academic achievement under RCW 28A.655.061, ((the mathematics content area of the Washington assessment of student learning)) shall be assessed using the end-of-course assessment for the first year of high school mathematics plus the end-of-course assessment for the second year of high school mathematics, ((or)) results from a high school mathematics retake assessment for the end-of-course assessments in which the student did not meet the standard, or an approved alternative assessment.

      (4) As the state transitions from the reading and writing assessments to the comprehensive English language arts assessment and from the end-of-course mathematics assessments to a comprehensive mathematics assessment, the graduating classes of 2016 and 2017, for purposes of the certificate of academic achievement under RCW 28A.655.061 may be assessed using:
      (a) The end-of-course assessment for the first year of high school mathematics plus the end-of-course assessment for the second year of high school mathematics, the new comprehensive mathematics assessment, the appropriate retake assessment, or an approved alternative assessment; and
      (b) The reading and writing assessment or the comprehensive English language arts assessment, a retake, or an approved alternative.
      (5) All of the objective alternative assessments available to students under RCW 28A.655.061 and 28A.655.065 shall be available to any student who has taken the ((sequence of)) end-of-course assessment((s)) once but does not meet the state mathematics standard on the ((sequence of)) end-of-course assessment((s)).

      (((5))) (6) The superintendent of public instruction shall report at least annually or more often if necessary to keep the education committees of the legislature informed on each step of the development and implementation process under this section.

Sec. 4.  RCW 28A.655.070 and 2008 c 163 s 2 are each amended to read as follows:

      (1) The superintendent of public instruction shall develop essential academic learning requirements that identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the state board of education.

      (2) The superintendent of public instruction shall:

      (a) Periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210.  Goals one and two shall be considered primary.  To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements; and

      (b) Review and prioritize the essential academic learning requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on the ((Washington)) statewide student assessment ((of student learning)) and used for state or federal accountability purposes.  The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number of grade level content expectations assessed at each grade level.  Grade level content expectations shall be articulated over the grades as a sequence of expectations and performances that are logical, build with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline.  The office of the superintendent of public instruction, within seven working days, shall post on its web site any grade level content expectations provided to an assessment vendor for use in constructing the ((Washington)) statewide student assessment ((of student learning)).

      (3)(a) In consultation with the state board of education, the superintendent of public instruction shall maintain and continue to develop and revise a statewide academic assessment system in the content areas of reading, writing, mathematics, and science for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section.  In accordance with RCW 28A.655.071, by the 2014-15 school year, an English language arts assessment and the mathematics assessment shall be created.  School districts shall administer the assessments under guidelines adopted by the superintendent of public instruction.  The academic assessment system may include a variety of assessment methods, including criterion-referenced and performance-based measures.

      (b) Effective with the 2009 administration of the Washington assessment of student learning and continuing with the statewide student assessment, the superintendent shall redesign the assessment in the content areas of reading, mathematics, and science in all grades except high school by shortening test administration and reducing the number of short answer and extended response questions.

      (4) If the superintendent proposes any modification to the essential academic learning requirements or the statewide assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.

      (5) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.

      (6) By September 2007, the results for reading and mathematics shall be reported in a format that will allow parents and teachers to determine the academic gain a student has acquired in those content areas from one school year to the next.

      (7) To assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system's item bank.  The superintendent shall also provide to school districts:

      (a) Information on classroom-based and other assessments that may provide additional achievement information for individual students; and

      (b) A collection of diagnostic tools that educators may use to evaluate the academic status of individual students.  The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided in a format that may be easily shared with parents and students.

      (8) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.

      (9) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.

      (10) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.

      (11) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.

      (12) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.

      (13) The superintendent shall post on the superintendent's web site lists of resources and model assessments in social studies, the arts, and health and fitness.

Sec. 5.  RCW 28A.655.071 and 2010 c 235 s 601 are each amended to read as follows:

      (1) By August 2, 2010, the superintendent of public instruction may revise the state essential academic learning requirements authorized under RCW 28A.655.070 for mathematics, reading, writing, and communication by provisionally adopting a common set of standards for students in grades kindergarten through twelve.  The revised state essential academic learning requirements may be substantially identical with the standards developed by a multistate consortium in which Washington participated, must be consistent with the requirements of RCW 28A.655.070, and may include additional standards if the additional standards do not exceed fifteen percent of the standards for each content area.  ((However, the superintendent of public instruction shall not take steps to implement the provisionally adopted standards until the education committees of the house of representatives and the senate have an opportunity to review the standards.
      (2) By January 1, 2011, the superintendent of public instruction shall submit to the education committees of the house of representatives and the senate:
      (a) A detailed comparison of the provisionally adopted standards and the state essential academic learning requirements as of June 10, 2010, including the comparative level of rigor and specificity of the standards and the implications of any identified differences; and
      (b) An estimated timeline and costs to the state and to school districts to implement the provisionally adopted standards, including providing necessary training, realignment of curriculum, adjustment of state assessments, and other actions.
      (3) The superintendent may implement the revisions to the essential academic learning requirements under this section after the 2011 legislative session unless otherwise directed by the legislature.))

(2) The superintendent of public instruction, in consultation with the state board of education, shall modify and implement statewide student assessments developed with a multistate consortium in English language arts and mathematics.   The assessments must be implemented in the 2014-15 school year.  Beginning with the graduating class of 2018, the English language arts and mathematics assessments or approved alternatives are required for graduation from a public high school in accordance with RCW 28A.655.061.  The English language arts and mathematics assessments must be comprehensive assessments and not end-of-course assessments.

Sec. 6.  RCW 28B.105.010 and 2007 c 214 s 1 are each amended to read as follows:

      (1) The GET ready for math and science scholarship program is established.  The purpose of the program is to provide scholarships to students who achieve level four on the mathematics or science portions of the ((tenth grade Washington)) high school statewide student assessment ((of student learning)) or achieve a score in the math section of the SAT or the math section of the ACT that is above the ninety-fifth percentile, major in a mathematics, science, or related field in college, and commit to working in mathematics, science, or a related field for at least three years in Washington following completion of their bachelor's degree.  The program shall be administered by the nonprofit organization selected as the private partner in the public-private partnership.

      (2) The total annual amount of each GET ready for math and science scholarship may vary, but shall not exceed the annual cost of resident undergraduate tuition fees and mandatory fees at the University of Washington.  An eligible recipient may receive a GET ready for math and science scholarship for up to one hundred eighty quarter credits, or the semester equivalent, or for up to five years, whichever comes first.

      (3) Scholarships shall be awarded only to the extent that state funds and private matching funds are available for that purpose in the GET ready for math and science (([scholarship])) scholarship account established in RCW 28B.105.110.

Sec. 7.  RCW 28B.105.030 and 2007 c 214 s 3 are each amended to read as follows:

      (1) An eligible student is a student who:

      (a) Is eligible for resident tuition and fee rates as defined in RCW 28B.15.012;

      (b) Achieved level four on the mathematics or science portion of the ((tenth grade Washington)) high school statewide student assessment ((of student learning)) or achieved a score in the math section of the SAT or the math section of the ACT that is above the ninety-fifth percentile;

      (c) Has a family income at or below one hundred twenty-five percent of the state median family income at the time the student applies for a GET ready for math and science scholarship and for up to the two previous years;

      (d) Has declared an intention to complete a qualified program or qualified major or has entered a qualified program or declared a qualified major at an institution of higher education;

      (e) Has declared an intention to work in a mathematics, science, or related field in Washington for at least three years immediately following completion of a bachelor's degree or higher degree.

      (2) An eligible recipient is an eligible student who:

      (a) Has been awarded a scholarship in accordance with the selection criteria and process established by the ((board)) student achievement council and the program administrator;

      (b) Enrolls at an institution of higher education within one year of graduating from high school;

      (c) Maintains satisfactory academic progress, as defined by the institution of higher education where the student is enrolled;

      (d) Takes at least one college-level mathematics or science course each term since enrolling in an institution of higher education; and

      (e) Enters a qualified program or qualified major no later than the end of the first term in which the student has junior level standing.

Sec. 8.  RCW 28B.105.060 and 2007 c 214 s 6 are each amended to read as follows:

      The office of the superintendent of public instruction shall:

      (1) Notify elementary, middle, junior high, high school, and school district staff and administrators, and the children's administration of the department of social and health services about the GET ready for math and science scholarship program using methods in place for communicating with schools and school districts; and

      (2) Provide data showing the race, ethnicity, income, and other available demographic information of students who achieve level four of the math and science ((Washington)) high school statewide student assessment ((of student learning)) in the tenth grade((.)); compare those data with comparable information on the tenth grade student population as a whole((.)); and submit a report with the analysis to the committees responsible for education and higher education in the legislature on December 1st of even-numbered years."

      Senators Dammeier and McAuliffe spoke in favor of adoption of the striking amendment.

 

MOTION

 

Senator Rolfes moved that the following amendment by Senator Rolfes to the striking amendment be adopted:

0.On page 1, after line 26 of the amendment, insert the following:

"NEW SECTION.  Sec. 2.  A new section is added to chapter 28A.655 RCW to read as follows:

      (1) At the beginning of each school year, school districts must notify parents and guardians of enrolled students from eighth through twelfth grade about each standardized test that is required by the school district, state, or federal government.  The notification must include the following:

      (a) The subject areas covered by each assessment;

      (b) When each assessment will be administered and the length of time of each test;

      (c) Which assessments will be required for graduation and what options students have to meet graduation requirements if they do not pass a given assessment;

      (d) Whether the results of the assessment will be used for program placement or grade-level advancement;

      (e) When the assessment results will be released to parents or guardians and whether there will be an opportunity for parents and teachers to discuss strategic adjustments; and

      (f) Whether the assessment is required by the school district, state, federal government, or more than one of these entities.

      (2) The office of the superintendent of public instruction shall provide to school districts regularly updated information necessary for the district to notify parents of the information, including any changes occurring through legislative or federal action, or both, that will affect current or future assessments."

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

      On page 14, line 2 of the title amendment, after "28B.105.060;" insert "adding a new section to chapter 28A.655 RCW;"

 

WITHDRAWAL OF AMENDMENT

 

On motion of Senator Rolfes, the amendment by Senator Rolfes on page 1, line 26 to the striking amendment to Substitute Senate Bill No. 5587 was withdrawn.

 

MOTION

 

Senator Rolfes moved that the following amendment by Senators Rolfes and Rivers to the striking amendment be adopted:

0.On page 11, after line 27 of the amendment, insert the following:

"NEW SECTION.  Sec. 6.  A new section is added to chapter 28A.320 RCW to read as follows:

      (1) At the beginning of each school year, school districts must notify parents and guardians of enrolled students from eighth through twelfth grade about each student assessment required by the state, the minimum state-level graduation requirements, and any additional school district graduation requirements.  The information may be provided when the student is enrolled, contained in the student or parent handbook, or posted on the school district's web site.  The notification must include the following:

      (a) When each assessment will be administered;

      (b) Which assessments will be required for graduation and what options students have to meet graduation requirements if they do not pass a given assessment;

      (c) Whether the results of the assessment will be used for program placement or grade-level advancement;

      (d) When the assessment results will be released to parents or guardians and whether there will be an opportunity for parents and teachers to discuss strategic adjustments; and

      (e) Whether the assessment is required by the school district, state, federal government, or more than one of these entities.

      (2) The office of the superintendent of public instruction shall provide information to the school districts to enable the districts to provide the information to the parents and guardians in accordance with subsection (1) of this section."               Renumber the remaining sections consecutively and correct any internal references accordingly.

Senators Rolfes and Rivers spoke in favor of adoption of the amendment to the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Rolfes and Rivers on page 11, after line 27 to the striking amendment to Substitute Senate Bill No. 5587.

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

 

MOTION

 

Senator Dammeier moved that the following amendment by Senator Dammeier to the striking amendment be adopted:

0.On page 13, beginning on line 21 of the amendment, after "four" strike all material through "grade" on line 24, and insert "((of)) on the math and science ((Washington)) high school statewide student assessment ((of student learning in the tenth grade.)); compare those data with comparable information on the ((tenth grade))"

Senator Dammeier spoke in favor of adoption of the amendment to the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Dammeier on page 13, line 21 to the striking amendment to Substitute Senate Bill No. 5587.

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

 

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Dammeier and McAuliffe as amended to Substitute Senate Bill No. 5587.

The motion by Senator Dammeier carried and the striking amendment as amended was adopted by voice vote.

 

MOTION

 

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

      On page 1, beginning on line 1 of the title, after "assessments;" strike the remainder of the title and insert "amending RCW 28A.655.061, 28A.655.066, 28A.655.070, 28A.655.071, 28B.105.010, 28B.105.030, and 28B.105.060; and creating a new section."

      On page 14, line 2 of the title amendment, after "28B.105.060;" insert "adding a new section to chapter 28A.320 RCW;"

 

MOTION

 

On motion of Senator Dammeier, the rules were suspended, Engrossed Substitute Senate Bill No. 5587 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Dammeier and McAuliffe spoke in favor of passage of the bill.

      Senators Rolfes and Mullet spoke against passage of the bill.

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5587.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5587 and the bill passed the Senate by the following vote:  Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

Voting yea: Senators Bailey, Becker, Benton, Braun, Carrell, Dammeier, Eide, Fain, Frockt, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Litzow, McAuliffe, Padden, Parlette, Pearson, Rivers, Schoesler, Sheldon, Shin, Smith and Tom

      Voting nay: Senators Baumgartner, Billig, Brown, Chase, Cleveland, Conway, Darneille, Ericksen, Fraser, Harper, Hasegawa, Kline, Kohl-Welles, Mullet, Murray, Nelson, Ranker, Roach, Rolfes and Schlicher

ENGROSSED SUBSTITUTE SENATE BILL NO. 5587, 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 Fain, the Senate advanced to the seventh order of business.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Conway moved that Mark Martinez, Gubernatorial Appointment No. 9045, be confirmed as a member of the Board of Trustees, Clover Park Technical College District No. 29.

      Senator Conway spoke in favor of the motion.

 

APPOINTMENT OF MARK MARTINEZ

 

The President declared the question before the Senate to be the confirmation of Mark Martinez, Gubernatorial Appointment No. 9045, as a member of the Board of Trustees, Clover Park Technical College District No. 29.

 

The Secretary called the roll on the confirmation of Mark Martinez, Gubernatorial Appointment No. 9045, as a member of the Board of Trustees, Clover Park Technical College District No. 29 and the appointment was confirmed by the following vote:  Yeas, 47; Nays, 0; Absent, 1; 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, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Absent: Senator Padden

      Excused: Senator Carrell

Mark Martinez, Gubernatorial Appointment No. 9045, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Clover Park Technical College District No. 29.

 

MOTION

 

On motion of Senator Rivers, Senator Padden was excused.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Chase moved that Roger Olstad, Gubernatorial Appointment No. 9053, be confirmed as a member of the Board of Trustees, Shoreline Community College District No. 7.

      Senator Chase spoke in favor of the motion.

 

APPOINTMENT OF ROGER OLSTAD

 

The President declared the question before the Senate to be the confirmation of Roger Olstad, Gubernatorial Appointment No. 9053, as a member of the Board of Trustees, Shoreline Community College District No. 7.

 

The Secretary called the roll on the confirmation of Roger Olstad, Gubernatorial Appointment No. 9053, as a member of the Board of Trustees, Shoreline Community College District No. 7 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

Roger Olstad, Gubernatorial Appointment No. 9053, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Shoreline Community College District No. 7.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Darneille moved that Calvin Pearson, Gubernatorial Appointment No. 9058, be confirmed as a member of the Board of Trustees, Bates Technical College District No. 28.

      Senator Darneille spoke in favor of the motion.

 

APPOINTMENT OF CALVIN PEARSON

 

The President declared the question before the Senate to be the confirmation of Calvin Pearson, Gubernatorial Appointment No. 9058, as a member of the Board of Trustees, Bates Technical College District No. 28.

 

The Secretary called the roll on the confirmation of Calvin Pearson, Gubernatorial Appointment No. 9058, as a member of the Board of Trustees, Bates Technical College District No. 28 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

Calvin Pearson, Gubernatorial Appointment No. 9058, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Bates Technical College District No. 28.

 

MOTION

 

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

 

MOTION

 

At 3:21 p.m., on motion of Senator Schoesler, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 4:16 p.m. by President Owen.

 

PARLIAMENTARY INQUIRY

 

Senator Fain:  “What order of consideration are we in?”

 

REPLY BY THE PRESIDENT

 

President Owen:  “Sixth order.”

 

SECOND READING

 

SENATE BILL NO. 5330, by Senators Hargrove, Shin and Hill

 

Improving student achievement and student outcomes.

 

MOTION

 

On motion of Senator Hargrove, Second Substitute Senate Bill No. 5330 was substituted for Senate Bill No. 5330 and the second substitute bill was placed on the second reading and read the second time.

 

MOTION

 

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

0.On page 3, line 31, after "28A.180.080" strike "and section 12 of this act"

On page 18, line 23, after "funding" insert "to the extent funds are specifically appropriated for this purpose,"

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Hill and Hargrove on page 3, line 31 to Second Substitute Senate Bill No. 5330.

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

 

MOTION

 

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

0.On page 6, line 34, after "school year.", insert "Districts shall receive the funds allocated in excess of an average class size of 25.23 for grades K-3 only to the extent that the district documents a class size between 25.23 and the class size funded in the biennial operating budget."

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Frockt and others on page 6, line 34 to Second Substitute Senate Bill No. 5330.

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

 

MOTION

 

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

0.On page 20, after line 1, insert the following:

"NEW SECTION.  Sec. 17.  A new section is added to chapter 28A.155 RCW to read as follows:

      (1) The office of the superintendent of public instruction must establish interagency agreements with the department of social and health services, the department of services for the blind, and any other state agency that provides high school transition services for students with disabilities.  The purpose of the interagency agreements is to foster effective multiagency collaboration to provide transition services for students with disabilities age fourteen through twenty-one, or through high school graduation, whichever occurs first.  Interagency agreements are also intended to streamline services and programs, promote efficiencies, and establish a uniform focus on improved outcomes related to self-sufficiency.  This subsection does not require transition services plan development in addition to what exists on the effective date of this section.

      (2) The office of the superintendent of public instruction must collaborate with the professional educator standards board to build into existing and ongoing educator requirements that special education teachers and school psychologists receive training to be appropriately prepared to address the transition needs of students with disabilities.

      (3) To the extent that data is available through data-sharing agreements established by the education data center under RCW 43.41.400, the education data center must monitor the following outcomes for students with disabilities after high school graduation:

      (a) The number of students who, within one year of high school graduation:

      (i) Enter integrated employment paid at the greater of minimum wage or competitive wage for the type of employment, with access to related employment and health benefits; or

      (ii) Enter a postsecondary education or training program focused on leading to integrated employment;

      (b) The wages and number of hours worked per pay period;

      (c) The impact of employment on any state and federal benefits for individuals with disabilities;

      (d) Indicators of the types of settings in which students who previously received transition services primarily reside;

      (e) Indicators of improved economic status and self-sufficiency;

      (f) Data on those students for whom a postsecondary or integrated employment outcome does not occur within one year of high school graduation, including:

      (i) Information on the reasons that the desired outcome has not occurred;

      (ii) The number of months the student has not achieved the desired outcome; and

      (iii) The efforts made to ensure the student achieves the desired outcome.

      (4) To the extent that the data elements in subsection (3) of this section are not available to the education data center through data-sharing agreements, the office of the superintendent of public instruction must attempt to collect the data through a single communication after the student's graduation.

      (5) The office of the superintendent of public instruction must prepare an annual report on the data and outcomes in subsection (3) of this section and submit the report to the legislature."

Senators McAuliffe and Litzow spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe and others on page 20, after line 1 to Second Substitute Senate Bill No. 5330.

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

 

MOTION

 

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

      On page 1, line 6 of the title, after "43.09 RCW;" insert "adding a new section to chapter 28A.155 RCW;"

 

MOTION

 

On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5330 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove, Litzow, Mullet and McAuliffe spoke in favor of passage of the bill.

 

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5330.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5330 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, 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

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5330, 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. 5237, by Senators Dammeier, Litzow, Rivers, Tom, Fain, Hobbs, Hatfield and Carrell

 

Establishing accountability for student performance in third grade. Revised for 2nd Substitute: Establishing accountability for student performance in reading.

 

MOTION

 

On motion of Senator Dammeier, Second Substitute Senate Bill No. 5237 was substituted for Senate Bill No. 5237 and the second substitute bill was placed on the second reading and read the second time.

 

MOTION

 

Senator Kohl-Welles moved that the following amendment by Senator Kohl-Welles and others be adopted:

0.On page 7, line 6, after "the" strike "2015-16" and insert "2020-21

Senators Kohl-Welles and Rolfes spoke in favor of adoption of the amendment.

Senator Dammeier spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Welles and others on page 7, line 6 to Second Substitute Senate Bill No. 5237.

The motion by Senator Kohl-Welles failed and the amendment was not adopted by voice vote.

 

MOTION

 

Senator Rolfes moved that the following amendment by Senators Rolfes and Dammeier be adopted:

0.On page 7, beginning on line 12, after "include" strike all material through "option," on line 17 and insert ":
      (i) Retention in the third grade; or
      (ii) Promotion to fourth grade with an intensive remedial program provided, supported, or contracted by the school district, which includes a summer program or other option identified by the parents, teacher, or principal as appropriately meeting the student's needs in preparation for the fourth grade.
      (b) Following participation in a district summer program or other remedial option,"

Senators Rolfes and Dammeier spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Rolfes and Dammeier on page 7, line 12 to Second Substitute Senate Bill No. 5237.

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

 

MOTION

 

Senator Conway moved that the following amendment by Senators Conway and McAuliffe be adopted.

0.On page 9, after line 3, insert the following:

"NEW SECTION.  Sec. 11.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2013, in the omnibus appropriations act, this act is null and void."

On page 1, beginning on line 5 of the title, after "creating" strike the remainder of the title and insert "new sections."

Senators Conway, Frockt, Rolfes, Billig and McAuliffe spoke in favor of adoption of the amendment.

Senators Dammeier, King, Schoesler and Tom spoke against adoption of the amendment.

 

Senator Frockt demanded a roll call.

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Conway and McAuliffe on page 9, after line 3 to Second Substitute Senate Bill No. 5237.

 

ROLL CALL

 

The Secretary called the roll on the adoption of the amendment by Senators Conway and McAuliffe and the amendment was not adopted by the following vote:  Yeas, 23; Nays, 25; Absent, 0; Excused, 1.

Voting yea: Senators Billig, Chase, Cleveland, Conway, Darneille, Eide, Fraser, Frockt, Harper, Hasegawa, Hatfield, Hobbs, Keiser, Kline, Kohl-Welles, McAuliffe, Mullet, Murray, Nelson, Ranker, Rolfes, Schlicher and Shin

      Voting nay: Senators Bailey, Baumgartner, Becker, Benton, Braun, Brown, Dammeier, Ericksen, Fain, Hargrove, Hewitt, Hill, Holmquist Newbry, Honeyford, King, Litzow, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon, Smith and Tom

      Excused: Senator Carrell

 

MOTION

 

On motion of Senator Dammeier, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5237 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Dammeier, Rolfes, Tom, Billig and Mullet spoke in favor of passage of the bill.

      Senator McAuliffe spoke against passage of the bill.

 

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5237.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5237 and the bill passed the Senate by the following vote:  Yeas, 35; Nays, 13; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Dammeier, Eide, Ericksen, Fain, Frockt, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Litzow, Mullet, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Voting nay: Senators Chase, Cleveland, Conway, Darneille, Fraser, Harper, Hasegawa, Keiser, Kline, Kohl-Welles, McAuliffe, Murray and Nelson

      Excused: Senator Carrell

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5237, 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. 5244, by Senators Litzow, Dammeier, Ranker, Hobbs, Harper, Hatfield, Delvin, Tom, Hewitt, Schoesler, Smith and Mullet

 

Regarding school suspensions and expulsions.

 

MOTION

 

On motion of Senator Litzow, Second Substitute Senate Bill No. 5244 was substituted for Senate Bill No. 5244 and the second substitute bill was placed on the second reading and read the second time.

 

MOTION

 

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

0.On page 3, line 30, after "corrective action." insert "Where warranted based on public health or safety, a school district may petition the superintendent of public instruction, pursuant to policies and procedures adopted by the superintendent of public instruction, for authorization to exceed the one calendar year limitation provided in this subsection."

Senator Padden spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Padden and others on page 3, line 30 to Second Substitute Senate Bill No. 5244.

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

 

MOTION

 

Senator Rolfes moved that the following amendment by Senators Rolfes and Litzow be adopted:

0.On page 10, after line 18, insert the following:

"NEW SECTION.  Sec. 7.  A new section is added to chapter 28A.600 RCW to read as follows:

      (1) School districts should make efforts to have suspended or expelled students return to the educational setting they were suspended or expelled from as soon as possible.  School districts should convene a school reentry meeting with the student and the student's parents or guardians within twenty days of the student's long-term suspension or expulsion to discuss a plan to reenter and reengage the student in a school program.

      (2) In developing a reentry and reengagement plan, school districts should consider shortening the length of time that the student is suspended or expelled, other forms of corrective action, and supportive interventions that aid in the student's academic success and keep the student engaged and on track to graduate.  School districts must create a reentry and reengagement plan tailored to the student's individual circumstances, including consideration of the incident that led to the student's long-term suspension or expulsion.  The plan should aid the student in taking the necessary steps to remedy the situation that led to the student's suspension or expulsion.

      (3) Any reentry meetings conducted by the school district involving the suspended or expelled student and his or her parents or guardians are not intended to replace a petition for readmission.

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

On page 10, after line 28, insert the following:

"NEW SECTION.  Sec. 8.  Nothing in chapter . . ., Laws of 2013 (this act) prevents a public school district, law enforcement agencies, or law enforcement personnel from enforcing laws protecting health and human safety.  Such laws encompass crimes that include, but are not limited to, prohibitions against possession of firearms or other dangerous weapons; gang activity; abusing or insulting teachers; willfully disobeying school administrative personnel or refusing to leave public property; disturbing school, school activities, or meetings; intimidating any administrator, teacher, classified employee, or student by threat of force or violence; or interfering by force or violence with any administrator, teacher, classified employee, person under contract with the school or school district, or student of any common school who is in the peaceful discharge or conduct of his or her duties or studies."

Senators Rolfes and Litzow spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Rolfes and Litzow on page 10, after line 18 to Second Substitute Senate Bill No. 5244.

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

 

MOTION

 

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

On page 1, line 3 of the title, after "28A.300.507;" strike the remainder of the title and insert "adding a new section to chapter 28A.600 RCW; and creating new sections."

 

MOTION

 

On motion of Senator Litzow, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5244 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Litzow, McAuliffe and Rolfes spoke in favor of passage of the bill.

 

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5244.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5244 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, 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

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5244, 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. 5243, by Senators Litzow, Dammeier, Tom, Harper, Hobbs, Delvin, Hewitt, Padden, Mullet and Shin

 

Establishing policies to support academic acceleration for high school students.

 

MOTION

 

On motion of Senator Dammeier, Second Substitute Senate Bill No. 5243 was substituted for Senate Bill No. 5243 and the second substitute bill was placed on the second reading and read the second time.

 

MOTION

 

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

0.On page 4, line 15, after "education;" strike "and"

On page 4, line 16, after "(e)" insert "Students who successfully complete a course through the running start program under RCW 28A.600.300 and are awarded credit by a partnering institution of higher education; and
      (f)"

On page 4, beginning on line 21, after "school." strike all material through "section." on line 23

Senators Hargrove and Dammeier spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove and others on page 4, line 15 to Second Substitute Senate Bill No. 5243.

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

 

MOTION

 

On motion of Senator Dammeier, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5243 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Dammeier, Mullet and McAuliffe spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Frockt, Senator Shin was excused.

 

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5243.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5243 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, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell and Shin

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5243, 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. 5491, by Senators McAuliffe, Litzow, Kohl-Welles, Dammeier, Frockt, Nelson, Rolfes, Chase, Eide, Cleveland, Rivers, Hobbs, Fain, Hewitt, Murray, Kline, Billig and Conway

 

Establishing statewide indicators of educational health.

 

MOTION

 

On motion of Senator McAuliffe, Substitute Senate Bill No. 5491 was substituted for Senate Bill No. 5491 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

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

0.On page 1, line 10, after "coordinating" strike "training"

Senators McAuliffe and Litzow spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 1, line 10 to Substitute Senate Bill No. 5491.

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

 

MOTION

 

On motion of Senator Fain, the rules were suspended, Engrossed Substitute Senate Bill No. 5491 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator McAuliffe spoke in favor of passage of the bill.

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5491.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5491 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, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell and Shin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5491, 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. 5794, by Senators Dammeier, Ranker, McAuliffe, Honeyford, Eide and Litzow

 

Concerning alternative learning experience courses.

 

MOTIONS

 

On motion of Senator Dammeier, Second Substitute Senate Bill No. 5794 was substituted for Senate Bill No. 5794 and the second substitute bill was placed on the second reading and read the second time.

On motion of Senator Dammeier, the rules were suspended, Second Substitute Senate Bill No. 5794 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Dammeier and Ranker 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 Second Substitute Senate Bill No. 5794.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5794 and the bill passed the Senate by the following vote:  Yeas, 43; Nays, 3; Absent, 0; Excused, 3.

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

      Voting nay: Senators Hargrove, Murray and Nelson

      Excused: Senators Carrell, Holmquist Newbry and Shin

SECOND SUBSTITUTE SENATE BILL NO. 5794, 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 5:51 p.m., on motion of Senator Fain, the Senate adjourned until 10:00 a.m. Thursday, March 7, 2013.

 

BRAD OWEN, President of the Senate

 

HUNTER GOODMAN, Secretary of the Senate

 

 

 

 

 





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

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

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Introduction & 1st Reading..................................................... 2

1076-S

Introduction & 1st Reading..................................................... 2

1083-S

Messages................................................................................ 1

1093-S

Introduction & 1st Reading..................................................... 2

1101

Introduction & 1st Reading..................................................... 2

1107-S

Introduction & 1st Reading..................................................... 2

1116-S

Introduction & 1st Reading..................................................... 2

1130-S

Introduction & 1st Reading..................................................... 2

1144-S

Introduction & 1st Reading..................................................... 2

1146

Introduction & 1st Reading..................................................... 2

1149

Introduction & 1st Reading..................................................... 2

1155-S

Introduction & 1st Reading..................................................... 2

1170-S

Introduction & 1st Reading..................................................... 2

1173

Introduction & 1st Reading..................................................... 2

1175

Messages................................................................................ 1

1178

Introduction & 1st Reading..................................................... 3

1179

Introduction & 1st Reading..................................................... 3

1207

Messages................................................................................ 1

1217-S2

Messages................................................................................ 1

1225

Introduction & 1st Reading..................................................... 3

1242-S

Introduction & 1st Reading..................................................... 3

1251

Introduction & 1st Reading..................................................... 3

1265-S

Introduction & 1st Reading..................................................... 3

1266

Introduction & 1st Reading..................................................... 3

1270-S

Messages................................................................................ 1

1271-S

Messages................................................................................ 1

1284-S

Introduction & 1st Reading..................................................... 3

1286

Messages................................................................................ 1

1298-S

Introduction & 1st Reading..................................................... 3

1311

Messages................................................................................ 1

1330

Messages................................................................................ 1

1332-S

Introduction & 1st Reading..................................................... 3

1336-S

Introduction & 1st Reading..................................................... 3

1343-S

Messages................................................................................ 1

1345

Introduction & 1st Reading..................................................... 3

1351

Messages................................................................................ 1

1359

Messages................................................................................ 1

1361

Introduction & 1st Reading..................................................... 3

1362

Introduction & 1st Reading..................................................... 4

1394

Messages................................................................................ 1

1397-S

Introduction & 1st Reading..................................................... 4

1400

Messages................................................................................ 1

1404

Messages................................................................................ 1

1409-S

Messages................................................................................ 1

1418-S

Introduction & 1st Reading..................................................... 4

1423-S

Introduction & 1st Reading..................................................... 4

1432-S

Messages................................................................................ 1

1436

Messages................................................................................ 1

1441

Introduction & 1st Reading..................................................... 4

1447

Introduction & 1st Reading..................................................... 4

1456-S

Messages................................................................................ 1

1480-S

Messages................................................................................ 1

1483

Messages................................................................................ 1

1487-S

Introduction & 1st Reading..................................................... 4

1493

Messages................................................................................ 1

1512-S

Introduction & 1st Reading..................................................... 4

1529-S

Introduction & 1st Reading..................................................... 4

1533

Introduction & 1st Reading..................................................... 4

1536-S

Introduction & 1st Reading..................................................... 4

1538

Messages................................................................................ 1

1541-S

Messages................................................................................ 1

1570

Introduction & 1st Reading..................................................... 4

1576

Introduction & 1st Reading..................................................... 4

1582-S

Messages................................................................................ 1

1592

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

Other Action........................................................................... 6

1593

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

1609

Messages................................................................................ 1

1614-S

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

1617-S

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

1629-S

Messages................................................................................ 1

1635-S

Messages................................................................................ 1

1645

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

1647-S

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

1660

Messages................................................................................ 1

1669-S

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

1733

Messages................................................................................ 1

1736

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

1752-S

Messages................................................................................ 1

1770

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

1806-S

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

1812-S

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

1814-S

Messages................................................................................ 1

1853-S

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

1860

Messages................................................................................ 1

1861

Messages................................................................................ 1

1863

Messages................................................................................ 1

1868-S

Introduction & 1st Reading..................................................... 6

1937

Messages................................................................................ 1

5237

Second Reading................................................................... 20

5237-S2

Second Reading................................................................... 20

Third Reading Final Passage............................................... 21

5242

Second Reading................................................................... 11

5242-S

Other Action......................................................................... 12

Second Reading................................................................... 11

Third Reading Final Passage............................................... 12

5243

Second Reading................................................................... 22

5243-S2

Second Reading................................................................... 22

Third Reading Final Passage............................................... 22

5244

Second Reading................................................................... 21

5244-S2

Second Reading................................................................... 21

Third Reading Final Passage............................................... 22

5328

Second Reading..................................................................... 9

5328-S

Second Reading............................................................... 9, 10

Third Reading Final Passage............................................... 11

5330

Second Reading................................................................... 19

5330-S2

Second Reading................................................................... 19

Third Reading Final Passage............................................... 20

5491

Second Reading................................................................... 23

5491-S

Second Reading................................................................... 23

Third Reading Final Passage............................................... 23

5587

Second Reading................................................................... 13

5587-S

Other Action......................................................................... 17

Second Reading............................................................. 13, 17

Third Reading Final Passage............................................... 18

5794

Second Reading................................................................... 23

5794-S2

Second Reading................................................................... 23

Third Reading Final Passage............................................... 23

8617

Adopted.................................................................................. 6

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

9009 Beverly Cheney

Confirmed.............................................................................. 7

9024 Dwayne Johnson

Confirmed.............................................................................. 7

9026 Charles Robinson

Confirmed.............................................................................. 7

9027 Barbara Rofkar

Confirmed.............................................................................. 8

9029 Robert Ryan

Confirmed.............................................................................. 8

9031 Karen Seinfeld

Confirmed.............................................................................. 8

9038 Stephen Vincent

Confirmed.............................................................................. 9

9041 Emily Yim

Confirmed............................................................................ 12

9045 Mark Martinez

Confirmed............................................................................ 18

9053 Roger Olstad

Confirmed............................................................................ 18

9058 Calvin Pearson

Confirmed............................................................................ 18

PRESIDENT OF THE SENATE

Intro. Special Guests, Filipino Community........................... 6

Remarks by the President....................................................... 7

Reply by the President................................................. 6, 8, 19

WASHINGTON STATE SENATE

Parliamentary Inquiry, Senator Fain.................................... 19

Personal Privilege, Senator Litzow........................................ 9

Personal Privilege, Senator McAuliffe.................................. 9

Personal Privilege, Senator Ranker........................................ 8

Personal Privilege, Senator Rivers......................................... 6

Personal Privilege, Senator Roach......................................... 6

Personal Privilege, Senator Shin............................................ 7