Senate Chamber, Olympia, Monday, January 12, 2015

 

At 12:00 o’clock noon, pursuant to law, the Senate of the 2015 Regular Session of the Sixty-Fourth Legislature of the State of Washington assembled in the Senate Chamber at the State Capitol. Lieutenant Governor Brad Owen, President of the Senate, called the Senate to order.

The Washington State Patrol Honor Guard, consisting of Trooper Matt Fehler, Detail Officer; Trooper Makayla Morgan; Trooper Will Rutherford; Trooper Melissa Walstad and Trooper Ethan Wynecoop, presented the Colors.

 

The President led the Senate in the Pledge of Allegiance.

 

INTRODUCTION OF SPECIAL GUEST

 

The President introduced Mr. David Buri, former State Representative from the Ninth Legislative District, who performed the National Anthem.

 

The Washington State Patrol Honor Guard retired from the chamber.

 

Pastor Bob Luhn of the Othello Church of the Nazarene in Othello offered the prayer.

 

REMARKS BY THE PRESIDENT

 

President Owen: “Ladies and Gentlemen of the Senate. Every year we are privileged to have the Capital Lakefair Queen welcome us on the opening day of the legislative session. This year is no different. I am pleased to ask Lakefair Queen Madi Murphy, this year’s Lakefair Queen who is from Olympia High School to say a few words. She is accompanied by Bob Barnes, Capitol Lakefair Executive Director; Serry Barnes, Capital Lakefair President; Sara Murphy, mother of Queen Madi; and Donna Schmidt, grandmother of Queen Madi. Before she makes her remarks the President would like to acknowledge that Bob and Serry Barnes, who have for years been working diligently of their own time with Capital Lakefair, bringing the Queen down every year for us, are due to retire from that job after this session. I would like to thank them for their many, many years of community service. Would you please stand and be recognized by a grateful senate? Thank you.”

 

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Lakefair Queen, Madison Murphy, was seated at the rostrum.

 

With permission of the Senate, business was suspended to allow Queen Madi to address the Senate and welcome the senators to Olympia.

 

REMARKS BY QUEEN MADI MURPHY

 

Miss Madison Murphy: “Good afternoon Ladies and Gentlemen: I feel deeply privileged to be here welcoming you to the 2015 legislative session. My name is Madi Murphy and it is my honor to speak to you today as the reigning Capital Lakefair Queen. Olympia’s Capital Lakefair is a scholastic competition between young women from high schools in the Thurston County area. We are selected after a written application including recommendation letters and essay as well as a speech and an impromptu question. This time-honored tradition has become an integral part of Olympia’s history. As the 57^th Capital Lakefair Queen it is my responsibility and honor to represent my high school, Olympia High School as well as Thurston County. Throughout my reign I’ve had the opportunity to travel across Washington and experience a plethora of what our state has to offer. From the Spokane Lilac Festival, honoring our military; to the amazing street artists in Seattle; to, of course, the beautiful capital campus right here in Olympia, it is evident that Washington State is an epi-center for creativity and free expression. Each July Capital Lakefair holds a festival in downtown Olympia that provides an excellent opportunity to showcase the wonderful variety that Olympia has to offer. From unique vendors to fantastic rides there’s a bit of adventure for everyone. Lakefair embodies the culture of Olympia, classic, free spirited and connected. I’m grateful to you for your sacrifice of time away from your families this winter to create laws that nourish and show the prosperity of each city, especially my beloved Olympia. Walt Disney once said, ‘Of all the things I’ve done the most vital is coordinating with those who work with me and aiming our efforts at a certain goal.’ I wish you the best of luck as you enter the realm of political collaboration and I’m excited to follow the vital news that flows from these walls. I look forward to watching Washington State to fulfill its potential as the most sustainable, eco-friendly and innovative state in America. I hope that while you’re in town you’re able to enjoy a bit of what Olympia has to offer by taking a walk through Priest Point Park or exploring some of the shops downtown. Thank you for all of your hard work and dedication and I wish you the greatest of luck in your upcoming session. Here is to a prosperous 2015. Thank you.”

 

MOTION

 

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

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable President of the Senate

The Legislature of the State of Washington

Olympia, Washington

 

Mr. President:

 

I, Kim Wyman, Secretary of State of the state of Washington, do hereby certify that the following is a full, true, and correct list of persons elected to the Office of State Senator at the state General Election held in the state of Washington on the 4^th day of November 2014, as shown by the official returns of said election now on file in the Office of the Secretary of State, together with a list of returning Senators whose terms expire in January 2017.

 

Senators Elected November 4, 2014
District	Counties Represented (* = part)	Name	Party Preference
6	Spokane*	Michael Baumgartner	Prefers Republican Party
7	Ferry, Okanogan*, Pend Oreille, Spokane*, Stevens	Brian Dansel	Prefers Republican Party
8	Benton*	Sharon Brown	Prefers Republican Party
13	Grant*, Kittitas, Lincoln, Yakima*	Judith (Judy) Warnick	Prefers Republican Party
15	Yakima*	Jim Honeyford	Prefers G.O.P. Party
21	Snohomish*	Marko Liias	Prefers Democratic Party
26	Kitsap*, Pierce*	Jan Angel	Prefers Republican Party
28	Pierce*	Steve O’Ban	Prefers Republican Party
29	Pierce*	Steve Conway	Prefers Democratic Party
30	King*, Pierce*	Mark Miloscia	Prefers Republican Party
31	King*, Pierce*	Pam Roach	Prefers Republican Party
32	King*, Snohomish*	Maralyn Chase	Prefers Democratic Party
33	King*	Karen Keiser	Prefers Democratic Party
34	King*	Sharon K. Nelson	Prefers Democratic Party
35	Kitsap*, Mason, Thurston*	Tim Sheldon	Prefers Democratic Party
36	King*	Jeanne Kohl-Welles	Prefers Democratic Party
37	King*	Pramila Jayapal	Prefers Democratic Party
38	Snohomish*	John McCoy	Prefers Democratic Party
42	Whatcom*	Doug Ericksen	Prefers Republican Party
43	King*	Jamie Pedersen	Prefers Democratic Party
44	Snohomish*	Steve Hobbs	Prefers Democratic Party
45	King*	Andy Hill	Prefers Republican Party
46	King*	David Frockt	Prefers Democratic Party
47	King*	Joe Fain	Prefers Republican Party
48	King*	Cyrus Habib	Prefers Democratic Party

 

Senators whose terms expire in 2017
District	Counties Represented  (* = part)	Name
1	King*, Snohomish*	Rosemary McAuliffe
2	Pierce*, Thurston*	Randi Becker
3	Spokane*	Andy Billig
4	Spokane*	Mike Padden
5	King*	Mark Mullet
9	Adams, Asotin, Franklin*, Garfield, Spokane*, Whitman	Mark G. Schoesler
10	Island, Skagit*, Snohomish*	Barbara Bailey
11	King*	Bob Hasegawa
12	Chelan, Douglas, Grant*, Okanogan*	Linda Evans Parlette
14	Clark*, Klickitat, Skamania, Yakima*	Curtis King
16	Benton*, Columbia, Franklin*, Walla Walla	Mike Hewitt
17	Clark*	Don Benton
18	Clark*	Ann Rivers
19	Cowlitz*, Grays Harbor*, Lewis*, Pacific, Wahkiakum	Brian Hatfield
20	Lewis*, Thurston*, Clark*, Cowlitz*	John E. Braun
22	Thurston*	Karen Fraser
23	Kitsap*	Christine Rolfes
24	Clallam, Grays Harbor*, Jefferson	Jim Hargrove
25	Pierce*	Bruce Dammeier
27	Pierce*	Jeannie Darneille
28	Pierce*	Steve O’Ban
39	King*, Skagit*, Snohomish*	Kirk Pearson
40	San Juan, Skagit*, Whatcom*	Kevin Ranker
41	King*	Steve Litzow
49	Clark*	Annette Cleveland

 

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the state of Washington at Olympia, this 2^nd day of December 2014.

 

KIM WYMAN

Secretary of State

(Seal)

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable President of the Senate

The Legislature of the State of Washington

Olympia, Washington 98504

 

I, Kim Wyman, Secretary of the State of the state of Washington, do hereby certify that, according to the provisions of RCW 29A.60.260, I have canvassed the returns of the 2,124,330 ballots cast by the 3,922,248 registered voters of the state for and against the initiatives and advisory measures, which were submitted to the vote of the people at the state general election held on the 4^th day of November 2014, as received from the County Auditors.

 

CANVASS OF THE RETURNS OF THE GENERAL ELECTION

HELD ON NOVEMBER 4, 2014

 

I, Kim Wyman, Secretary of State of the state of Washington, do hereby certify that according to the provisions of RCW 29A.60.260, I have canvassed the returns of the 2,124,330 ballots cast by the 3,922,248 registered voters of the state for and against the initiatives and advisory measures which were submitted to the vote of the people at the state General Election held on the 4^th day of November 2014, as received from the County Auditors.

 

Initiatives to the People

 

Initiative Measure No. 1351

Initiative Measure No. 1351 concerns K-12 education. This measure would direct the legislature to allocate funds to reduce class sizes and increase staffing support for students in all K-12 grades, with additional class-size reductions and staffing increases in high-poverty schools. Should this measure be enacted into law?

Yes                                                                      1,052,519
No                                                                       1,012,958

 

Initiatives to the Legislature

 

Initiative Measure No. 591

Initiative Measure No. 591 concerns firearms. This measure would prohibit government agencies from confiscating guns or other firearms from citizens without due process, or from requiring background checks on firearm recipients unless a uniform national standard is required. Should this measure be enacted into law?

Yes                                                                         929,220

No                                                                       1,147,966

 

Initiative Measure No. 594

Initiative Measure No. 594 concerns background checks for firearm sales and transfers. This measure would apply currently used criminal and public safety background checks by licensed dealers to all firearm sales and transfers, including gun show and online sales, with specific exceptions. Should this measure be enacted into law?

Yes                                                                      1,242,734

No                                                                          853,990

 

Advisory Votes

 

Advisory Vote No. 8 - Senate Bill 6505

The legislature eliminated, without a vote of the people, agricultural excise tax preferences for various aspects of the marijuana industry, costing an estimated $24,903,000 in the first ten years, for government spending. This tax increase should be:

Repealed                                                                874,623

Maintained                                                          1,043,881

 

Advisory Vote No. 9 - Engrossed Substitute House Bill 1287

The legislature imposed, without a vote of the people, the leasehold excise tax on certain leasehold interests in tribal property, costing an estimated $1,298,000 in the first ten years, for government spending. This tax increase should be:

Repealed                                                                833,342

Maintained                                                          1,029,729

 

I further certify that according to the provisions of RCW 29A.60.250, I have canvassed the returns of the ballots cast for candidates of statewide offices, U.S. Congress, and all those legislative and judicial offices whose districts extend beyond the limits of a single county in the General Election held on the 4^th day of November 2014, as received from the County Auditors, and that the votes cast for candidates for these offices are as follows:

 

In testimony whereof, I have hereunto set my hand and affixed the seal of the state of Washington on this 2^nd day of December 2014, at Olympia, the State Capital.

 

KIM WYMAN

Secretary of State

(Seal)

 

The Secretary called the roll of the following holdover members of the Senate and all were present: Senators Bailey, Becker, Benton, Billig, Braun, Cleveland, Dammeier, Darneille, Fraser, Hargrove, Hasegawa, Hatfield, Hewitt, King, Litzow, McAuliffe, Mullet, Padden, Parlette, Pearson, Ranker, Rivers, Rolfes and Schoesler.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President of the Senate appointed a committee of honor consisting of Senators Padden and Pederson to escort The Honorable Barbara Madsen, Chief Justice of the State Supreme Court, to the rostrum.

The President welcomed The Honorable Barbara Madsen, Chief Justice of the Supreme Court of the State of Washington, who was present to administer the oath of office to the newly elected members.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President of the Senate appointed a committee of honor consisting of Senators Becker and Liias to escort The Honorable Kim Wyman, Secretary of State, to the rostrum.

The President welcomed Secretary of State Kim Wyman, who was present to deliver the certificates of election.

 

The Secretary called the roll of the following newly re-elected members of the Senate and all were present: Senators Angel, Baumgartner, Brown, Chase, Conway, Dansel, Ericksen, Fain, Frockt, Hill, Hobbs, Honeyford, Keiser, Kohl-Welles, Nelson, Roach and Sheldon.

 

The Sergeant at Arms, Mr. Andrew Staubitz, escorted each of the newly re-elected members of the Senate to the rostrum of the Senate to receive their oath of office.

Chief Justice Barbara Madsen thereupon administered the oath of office to each of the newly re-elected senators.

The President presented each of the newly re-elected senators a certificate of election.

The Sergeant at Arms escorted each of the newly re-elected senators to their seat on the floor of the Senate.

 

The Secretary called the roll of the following members appointed to fill unexpired terms of the Senate and newly elected members and all were present: Senators Habib, Jayapal, Liias, McCoy, Miloscia, O’Ban, Pedersen and Warnick.

 

The Sergeant at Arms escorted each of the appointed and newly elected members of the Senate to the rostrum of the Senate to receive their oath of office.

Chief Justice Barbara Madsen thereupon administered the oath of office to each of the newly elected senators.

The President presented each of the appointed and newly elected senators a certificate of election.

The Sergeant at Arms escorted each of the appointed and newly elected senators to their seat on the floor of the Senate.

 

The Secretary called the roll and announced to the President that all members were present.

 

REMARKS BY THE PRESIDENT

 

President Owen: “The President would like to welcome and congratulate all the new members and the newly elected members to the Washington State Senate.”

 

ELECTION OF PRESIDENT PRO TEMPORE

 

The President declared the nominations for the Office of President Pro Tempore of the Senate to be open.

 

REMARKS BY SENATOR SCHOESLER

 

Senator Schoesler:  “Thank you Mr. President. I place in nomination for the office of President Pro Tempore, Senator Tim Sheldon. Thank you Mr. President, Senator Sheldon has been a member of the legislature since 1990. He performed very capably as the President Pro Tempore in your absence for the past two years. He’s well preserved, well prepared to serve the, Senator Sheldon is well prepared to serve the body as your President Pro Tempore.”

 

REMARKS BY SENATOR PEARSON

 

Senator Pearson:  “Thank you Mr. President. I second that motion. Thank you Mr. President. It is my distinct honor to second that motion. I’ve known Tim as long as I’ve been in the legislature and what impressed me most is my first impression of him. He’s a gentleman, a lot of integrity and we had a talk about, he knew my district pretty well but also he knows the state very well. He has a great love for the state of Washington which he holds dear in his heart. I am proud to support this nomination. Thank you.”

 

REMARKS BY SENATOR CHASE

 

Senator Chase:  “I rise to nominate a very close friend of mine, a highly respected and accomplished senior member of this Washington State Senate. The honored tradition of this Senate is to nominate and elect the most senior person. …”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Senator Chase, before you make your speech would you please place the name in nomination.”

 

REMARKS BY SENATOR CHASE

 

Senator Chase  “Thank you Mr. President. I stand corrected. I’m honored to place of nomination the name of my friend, the most highly accomplished and respected Senator Pam Roach. Thank you Mr. President. You know the honored tradition of this Senate is that we elect our most senior member to be our President Pro Tempore. I am pleased to support our most senior member who has definitely earned this position by her intellect and by her accomplishments. I urge your support of Senator Pam Roach.”

 

Senator Benton seconded the nomination of Senator Pam Roach for President Pro Tempore.

 

Senator Fain nominated Senator Karen Fraser to the Office of President Pro Tempore.

 

REMARKS BY SENATOR FAIN

 

Senator Fain:  “Thank you Mr. President. I’m not exactly sure that the tradition is that the most senior member does serve. I don’t believe that Senator Shin at the time was the most senior member of the chamber, perhaps of the caucus but I think that in this position it’s important to have options.”

 

Senator Litzow seconded the nomination of Karen Fraser for President Pro Tempore.

 

MOTION

 

On motion of Senator Fain, the nominations for the office of President Pro Tempore of the Senate were closed.

 

The President declared the question before the Senate to be the election for the office of President Pro Tempore.

 

The Secretary called the roll for the office of President Pro Tempore and Senator Roach was elected President Pro Tempore of the Senate by the following vote:  Fraser, 0; Roach, 25; Sheldon, 24.

Voting Roach: Senators Benton, Billig, Chase, Cleveland, Conway, Darneille, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hobbs, Jayapal, Keiser, Kohl-Welles, Liias, McAuliffe, McCoy, Mullet, Nelson, Pedersen, Ranker, Roach and Rolfes

Voting Sheldon: Senators Angel, Bailey, Baumgartner, Becker, Braun, Brown, Dammeier, Dansel, Ericksen, Fain, Hewitt, Hill, Honeyford, King, Litzow, Miloscia, O'Ban, Padden, Parlette, Pearson, Rivers, Schoesler, Sheldon and Warnick

 

The Sergeant at Arms escorted Senator Roach to the rostrum of the Senate to receive her oath of office.

Chief Justice Barbara Madsen thereupon administered the oath of office to the Senator.

Senator Roach returned to her seat on the floor of the Senate.

 

ELECTION OF VICE PRESIDENT PRO TEMPORE

 

The President declared the nominations for the office of Vice President Pro Tempore of the Senate to be open.

 

REMARKS BY SENATOR FAIN

 

Senator Fain:  “Thank you Mr. President. It is my esteem privilege and honor to enter into nomination Sharon Brown for the position of Vice President Pro Tempore. Thank you Mr. President. As one of our newer members to the chamber she rose to that position last year and did an unswerving job of handling the issues of this Senate while both the President Pro Tempore and the President were unavailable. We have great faith in her abilities both as an attorney, as a member of our caucus and I’m privileged to offer her name for this position.”

 

REMARKS BY SENATOR ROLFES

 

Senator Rolfes:  “Thank you Mr. President. I am honored to second the nomination. Thank you Mr. President. I just want to say how honored I am to make this nomination. Senator Brown showed herself to have high intelligence, good humor, grace and fairness when performing her job. We all enjoy working with and it will be our privilege to see her up there when there are absences.”

 

MOTION

 

On motion of Senator Fain, the nomination for the office of Vice President Pro Tempore of the Senate were closed.

 

The President declared the question before the Senate to be the election for the office of Vice President Pro Tempore.

 

The Secretary called the roll for the office of Vice President Pro Tempore and Senator Brown was elected Vice President Pro Tempore of the Senate by the following vote:  Brown, 49.

Voting Brown: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

 

The Sergeant at Arms escorted Senator Sharon Brown to the rostrum of the Senate to receive her oath of office.

Chief Justice Barbara Madsen thereupon administered the oath of office to the Senator.

Senator Brown returned to her seat on the floor of the Senate.

 

ELECTION OF SECRETARY OF THE SENATE

 

The President declared the nominations for the office of Secretary of the Senate to be open.

 

REMARKS BY SENATOR HILL

 

Senator Hill:  “Thank you Mr. President. I nominate Hunter Goodman. Thank you Mr. President. It is my honor to nominate Hunter Goodman for Secretary of the Senate. He served in this position for the last two years. He brings a background both in law as an attorney working in the Attorney General’s office also in the private sector. He has done a tremendous job administering the senate and doing a phenomenal job as a leader of the administrative staff. I urge your support. Thank you.”

 

REMARKS BY SENATOR HARGROVE

 

Senator Hargrove:  “Thank you Mr. President. I would like to second the nomination. Thank you Mr. President. Well, I’ve known Hunter for I don’t know, ten or twelve years and he went to USC and I went to Oregon State and when I first met him Oregon State was actually beating USC so it was quite fun to rib him about that. Since then it hasn’t worked out so well for me. I also found out that Hunter Goodman was a long snapper on USC’s football team. There happened to be the most blocked punts record for that when he was a long snapper. He wasn’t so good at being a long snapper on the USC football team. However, fortunately he has been a much better Secretary of the Senate than he was long snapper. He has been accessible and responsive most of the time except when I want to let people through the security into my office but we’ll talk about that later and been very fair. Certainly in dealing with our legislative staff and with other issues around here. It’s been a difficult job I know but he’s excelled at it and I’m proud to nominate Hunter Goodman for Secretary of the Senate.”

 

MOTION

 

On motion of Senator Fain, the nominations for the office of the Secretary of the Senate were closed.

 

The President declared the question before the Senate to be the election for the office of the Secretary of the Senate.

 

MOTION

 

On motion of Senator Fain, Senator Padden was excused.

 

REMARKS BY SENATOR BAUMGARTNER

 

Senator Baumgartner:  “Well thank you. I also stand in strong support. I just also wanted to a point out that in addition to the great work that he does here Hunter is a great dad. In fact I learned just today that his son is a kindergartner at Sacred Heart Catholic School in Bellevue, as a kindergartner, just tested into the second grade in both reading and math which I think is obviously a testament to Hunter’s wife. So, thank you Mr. President. I would urge the body’s support.’

 

REMARKS BY SENATOR BENTON

 

Senator Benton:  “Thank you Mr. President. Just to speak in favor of this nomination. I’m sure your all realize this but the fact of the matter is for the last two years I’ve chaired the F&O Committee and the F&O Committee is really where the Secretary reports. He reports to that Committee and to that chairman. I can tell you in the twenty-one years that I’ve been here in the Senate we’ve had some very good Secretaries of the Senate. Very good on both sides of the aisle. I can tell you that the last two years working with Hunter Goodman the Secretary of this institution I think has been the most delightful experience I’ve had in twenty-one years. He is a very, very capable and competent administrator for this agency and it’s a very tough agency to administer because you’ve got forty-nine bosses you have to please. That’s hard to do, ask anybody that runs a college. They got to please five bosses on their board, okay, but here the administrator has to please forty-nine. That’s not an easy job and he’s done a pretty good job of keeping us all pretty happy. So I’m very happy to rise and support my friend and the Secretary of the Senate Hunter Goodman for his reappointment.”

 

The Secretary called the roll for the office of the Secretary of the Senate and Hunter Graham Goodman was elected Secretary of the Senate by the following vote:  Goodman, 48; Excused, 1.

Voting Goodman: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senator Padden

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President of the Senate appointed a committee of honor consisting of Senators Fain and Kohl-Welles to escort Mr. Hunter G. Goodman to the rostrum.

Chief Justice Barbara Madsen thereupon administered the oath of office to Mr. Hunter G. Goodman.

The Secretary of the Senate returned to his seat at the rostrum.

 

The President thanked Chief Justice Barbara Madsen and Secretary of State Kim Wyman for their participation in the day’s ceremonies.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President appointed a committee of honor consisting of Senators King and Pedersen to escort Chief Justice Barbara Madsen from the Senate Chamber.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President appointed a committee of honor consisting of Senators Becker and Liias to escort Secretary of State Kim Wyman from the Senate Chamber.

 

MOTION

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

MOTION

 

Senator Fain moved adoption of the following resolution:

 

SENATE RESOLUTION

8601

 

By Senator Schoesler

 

BE IT RESOLVED, That the Rules of the Senate for the 2013 Regular Session of the 63rd Legislature, as amended in the 2013 Regular Session and the 2014 Regular Session, be adopted as amended as the Rules of the Senate for the 2015 Regular Session of the 64th Legislature, to read as follows:

PERMANENT RULES

OF THE

SENATE, 2015

SIXTY-FOURTH LEGISLATURE

 

SECTION I

OFFICERS-MEMBERS-EMPLOYEES

Duties of the President

Rule 1. 1. The president shall take the chair and call the senate to order precisely at the hour appointed for meeting, and, if a quorum be present, shall cause the journal of the preceding day to be read. (See also Art. 3, Sec. 16, State Constitution.)

2. The president shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the chamber, legislative area, legislative offices or buildings, and legislative hearing and meeting rooms, shall order the sergeant at arms to suppress the same, and may order the arrest of any person creating any disturbance within the senate chamber. The use of cellular or digital telephones is prohibited within the senate chamber during floor session and within a hearing room during a committee hearing, and this prohibition shall be enforced in the same manner as any other breach of order and decorum.

3. The president shall have charge of and see that all officers and employees perform their respective duties, and shall have general control of the senate chamber and wings. (See also Art. 2, Sec. 10, State Constitution.)

4. The president may speak to points of order in preference to members, arising from the president's seat for that purpose, and shall decide all questions of order subject to an appeal to the senate by any member, on which appeal no member shall speak more than once without leave of the senate.

5. The president shall, in open session, sign all acts, addresses and joint resolutions. The president shall sign all writs, warrants and subpoenas issued by order of the senate, all of which shall be attested by the secretary. (See also Art. 2, Sec. 32, State Constitution.)

6. The president shall appoint all conference, special, joint and hereinafter named standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate. In the event the senate refuses to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.

7. The president shall, on each day, announce to the senate the business in order, and no business shall be taken up or considered until the order to which it belongs shall be declared.

8. The president shall decide and announce the result of any vote taken.

9. When a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Sec. 10 and 22, State Constitution.)

President Pro Tempore

Rule 2. 1. Upon the organization of the senate the members shall elect one of their number as president pro tempore who shall have all the powers and authority and who shall discharge all the duties of lieutenant governor acting as president during the lieutenant governor's absence. The president pro tempore shall serve as the vice chair of the committee on rules. The senate shall also elect a vice president pro tempore who will serve in the absence of the lieutenant governor and the president pro tempore. (See Art. 2, Sec. 10, State Constitution.)

2. In the absence of the president pro tempore, and vice president pro tempore, or with their consent, the president shall have the right to name any senator to perform the duties of the chair, but such substitution shall not extend beyond an adjournment, nor authorize the senator so substituted to sign any documents requiring the signature of the president.

3. A "majority caucus" is a caucus whose members constitute a majority of the senate and may include members from different political caucuses. The establishment of a majority caucus is evidenced by a majority of the members of the senate demonstrating the intent to caucus together and to lead the senate. Those members not part of the majority caucus constitute the minority caucus or caucuses.

Secretary of the Senate

Rule 3. 1. The senate shall elect a secretary, who shall appoint a deputy secretary, both of whom shall be officers of the senate and shall perform the usual duties pertaining to their offices, and they shall hold office until their successors have been elected or appointed.

2. The secretary is the Personnel Officer of the senate and shall appoint, subject to the approval of the senate, all other senate employees and the hours of duty and assignments of all senate employees shall be under the secretary's directions and instructions and they may be dismissed at the secretary's discretion.

3. The secretary of the senate, prior to the convening of the next regular session, shall prepare his office to receive bills which the holdover members and members-elect may desire to prefile commencing with the first Monday in December preceding any regular session or twenty days prior to any special session of the legislature.

Sergeant at Arms

Rule 4. 1. The director of senate security shall perform the functions of the sergeant at arms for the senate.

2. The sergeant at arms shall not admit to the floor of the senate during the time the senate is not convened any person other than specifically requested by a senator, the president, or the secretary of the senate, in writing or when personally accompanied by a senator.

Subordinate Officers

Rule 5. The subordinate officers of the senate shall perform such duties as usually pertain to their respective positions in legislative bodies under the direction of the president, and such other duties as the senate may impose upon them. Under no circumstances shall the compensation of any employee be increased for past services. (See also Art. 2, Sec. 25, State Constitution.)

Employees

Rule 6. 1. No senate employee shall lobby in favor of or against any matter under consideration.

2. Senate employees are governed by joint rules and chapters 42.17 (the Public Disclosure Act) and 42.52 RCW (the Ethics in Public Service Act).

Conduct of Members and Officers

Rule 7. 1. Indecorous conduct, boisterous or unbecoming language will not be permitted in the senate at any time. Food and drink are prohibited within the senate chamber during floor session, except that members may drink water at their floor desks. The use of cellular or digital telephones is prohibited within the senate chamber during floor session and within a hearing room during a committee hearing.

2. In cases of breach of decorum or propriety, any senator, officer or other person shall be liable to such censure or punishment as the senate may deem proper, and if any senator be called to order for offensive or indecorous language or conduct, the person calling the senator to order shall report the language excepted to which shall be taken down or noted at the secretary's desk. No member shall be held to answer for any language used upon the floor of the senate if business has intervened before exception to the language was thus taken and noted.

3. If any senator in speaking, or otherwise, transgresses the rules of the senate, the president shall, or any senator may, call that senator to order, and a senator so called to order shall resume the senator's seat and not proceed without leave of the senate, which leave, if granted, shall be upon motion "that the senator be allowed to proceed in order," when, if carried, the senator shall speak to the question under consideration.

4. No senator shall be absent from the senate without leave, except in case of accident or sickness, and if any senator or officer shall be absent the senator's per diem shall not be allowed or paid, and no senator or officer shall obtain leave of absence or be excused from attendance without the consent of a majority of the members present.

5. In the event of a motion or resolution to censure or punish, or any procedural motion thereto involving a senator, that senator shall not vote thereon. The senator shall be allowed to answer to such motion or resolution. An election or vote by the senate on a motion to censure or punish a senator shall require the vote of a majority of all senators elected or appointed to the senate. A vote to expel a member shall require a two-thirds concurrence of all members elected or appointed to the senate. All votes shall be taken by yeas and nays and the votes shall be entered upon the journal. (See also Art. 2, Sec. 9, State Constitution.)

SECTION II

OPERATIONS AND MANAGEMENT

Payment of Expenses - Facilities and Operations

Rule 8. 1. After the reorganization caucuses of the senate, the majority caucus shall designate four members and the minority caucus shall designate three members to serve on the facilities and operations committee. The ((deputy leader))chair of the majority caucus shall be the chair of the facilities and operations committee. The operation of the senate shall transfer to the newly designated members after the reorganization caucuses of the senate or at any time after the reorganization caucuses if a different caucus becomes the majority caucus.

2. All necessary expenses of the senate incurred during the session shall be signed for by the secretary and approved by a majority of the committee on facilities and operations. The committee on facilities and operations shall carefully consider all items of expenditure ordered or contracted on the part of the senate, and report upon the same prior to the voucher being signed by the secretary of the senate authorizing the payment thereof. The committee on facilities and operations shall issue postage only as follows:

(a) To elected or appointed members of the senate in an amount sufficient to allow performance of their legislative duties.

(b) To the secretary of the senate in an amount sufficient to carry out the business of the senate.

Use of Senate Chambers

Rule 9. The senate chamber and its facilities shall not be used for any but legislative business, except by permission of the senate while in session, or by the facilities and operations committee when not in session.

Admission to the Senate

Rule 10. The sergeant at arms shall admit only the following individuals to the floor and adjacent areas of the senate for the period of time beginning one-half hour before convening and ending when the senate has adjourned or recessed for an hour or more:

The governor and/or designees,

Members of the house of representatives,

State elected officials,

Officers and authorized employees of the legislature,

Honored guests being presented to the senate,

Former members of the senate who are not registered lobbyists pursuant to chapter 42.17 RCW,

Representatives of the press,

Persons specifically requested by a senator to the president in writing or only as long as accompanied by a senator.

Printing of Bills

Rule 11. The number of bills printed and reprinted shall be at the discretion of the secretary of the senate, with the approval of the facilities and operations committee.

Furnishing Full File of Bills

Rule 12. Persons, firms, corporations and organizations within the state, desirous of receiving copies of all printed senate bills, shall make application therefor to the secretary of the senate. The bill clerk shall send copies of all printed senate bills to such persons, firms, corporations and organizations as may be ordered by the secretary of the senate. The secretary of the senate is authorized to recoup costs.

Regulation of Lobbyists

Rule 13. All persons who engage in lobbying of any kind as defined in chapter 42.17 RCW shall be subject to the rules of the senate and legislature when lobbying before the senate. Any person who fails to conform to the senate or joint rules may have their privilege to lobby and all other privileges revoked upon a majority vote of the committee on rules for such time as is deemed appropriate by the committee.

Any person registered as a lobbyist pursuant to chapter 42.17 RCW who intervenes in or attempts to influence any personnel decision of the senate regarding any employee may suffer an immediate revocation of all privileges before the senate or such other privileges and for such time as may be deemed appropriate by the senate committee on rules. This restriction shall not prohibit a registered lobbyist from making written recommendations for staff positions.

Security Management

Rule 14. The sergeant at arms may develop methods to protect the senate, including its members, staff, and the visiting public, by establishing procedures to curtail the use or possession of any weapon in a manner that is prohibited by law or by the rules of the Department of General Administration.

SECTION III

RULES AND ORDER

Time of Convening

Rule 15. The senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.

Quorum

Rule 16. A majority of all members elected or appointed to the senate shall be necessary to constitute a quorum to do business. Less than a quorum may adjourn from day to day until a quorum can be had. (See Art. 2, Sec. 8, State Constitution.)

Order of Business

Rule 17. After the roll is called and journal read and approved, business shall be disposed of in the following order:

The order of business established by this rule may be changed and any order of business already dealt with may be reverted or advanced to by a majority vote of those present.

All questions relating to the priority of business shall be decided without debate.

Messages from the governor, other state officers, and from the house of representatives may be considered at any time with the consent of the senate.

Special Order

Rule 18. The president shall call the senate to order at the hour fixed for the consideration of a special order, and announce that the special order is before the senate, which shall then be considered unless it is postponed by a majority vote of the members present, and any business before the senate at the time of the announcement of the special order shall take its regular position in the order of business, except that if a cutoff established by concurrent resolution occurs during the special order, the senate may complete the measure that was before the senate when consideration of the special order was commenced.

Unfinished Business

Rule 19. The unfinished business at the preceding adjournment shall have preference over all other matters, excepting special orders, and no motion or any other business shall be received without special leave of the senate until the former is disposed of.

Motions and Senate Floor Resolutions

(How Presented)

Rule 20. 1. No motion shall be entertained or debated until announced by the president and every motion shall be deemed to have been seconded. It shall be reduced to writing and read by the secretary, if desired by the president or any senator, before it shall be debated, and by the consent of the senate may be withdrawn before amendment or action.

2. The senate shall consider no more than one floor resolution per day in session: Provided, That this rule shall not apply to floor resolutions essential to the operation of the senate; and further Provided, That there shall be no limit on the number of floor resolutions considered on senate pro forma session days. Senate floor resolutions shall be acted upon in the same manner as motions. All senate floor resolutions shall be on the secretary's desk at least twenty-four hours prior to consideration. Members' names shall only be added to the resolution if the member signs the resolution. Members shall have until thirty minutes after the senate is convened the following day the senate is in a regular or pro forma session to add their names to the floor resolution. A motion may be made to close the period for signatures at an earlier time.

Precedence of Motions

Rule 21. When a motion has been made and stated by the chair the following motions are in order, in the rank named:

PRIVILEGED MOTIONS

Adjourn, recess, or go at ease

Reconsider

Demand for call of the senate

Demand for roll call

Demand for division

Question of privilege

Orders of the day

INCIDENTAL MOTIONS

Points of order and appeal

Method of consideration

Suspend the rules

Reading papers

Withdraw a motion

Division of a question

SUBSIDIARY MOTIONS

1st Rank:	To lay on the table
2nd Rank:	For the previous question
3rd Rank:	To postpone to a day certain
	To commit or recommit
	To postpone indefinitely
4th Rank:	To amend

No motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall again be allowed on the same day and at the same stage of the proceedings, and when a question has been postponed indefinitely it shall not again be introduced during the session.

A motion to lay an amendment on the table shall not carry the main question with it unless so specified in the motion to table.

At no time shall the senate entertain a Question of Consideration.

Voting

Rule 22. 1. In all cases of election by the senate, the votes shall be taken by yeas and nays, and no senator or other person shall remain by the secretary's desk while the roll is being called or the votes are being counted. No senator shall be allowed to vote except when within the bar of the senate, or upon any question upon which he or she is in any way personally or directly interested, nor be allowed to explain a vote or discuss the question while the yeas and nays are being called, nor change a vote after the result has been announced. (See also Art. 2, Secs. 27 and 30, State Constitution.)

2. A member not voting by reason of personal or direct interest, or by reason of an excused absence, may explain the reason for not voting by a brief statement not to exceed fifty words in the journal.

3. The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec. 21, State Constitution.)

When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Rule 24.)

4. A senator having been absent during roll call may ask to have his or her name called. Such a request must be made before the result of the roll call has been announced by the president.

5. The passage of a bill or action on a question is lost by a tie vote, but when a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Secs. 10 and 22, State Constitution.)

6. The order of the names on the roll call shall be alphabetical by last name.

7. All votes in a committee shall be recorded, and the record shall be preserved as prescribed by the secretary of the senate. One-sixth of the committee may demand an oral roll call.

8. If a member of the majority is going to be absent due to a health matter or other emergency, then a member of the minority may publicly announce on the floor of the senate that he or she will cast votes as he or she believes the absent member would have voted in order to avoid results that would only occur because of the unanticipated absence.

Announcement of Vote

Rule 23. The announcement of all votes shall be made by the president.

Call of the Senate

Rule 24. Although a roll call is in progress, a call of the senate may be moved by three senators, and if carried by a majority of all present the secretary shall call the roll, after which the names of the absentees shall again be called. The doors shall then be locked and the sergeant at arms directed to take into custody all who may be absent without leave, and all the senators so taken into custody shall be presented at the bar of the senate for such action as the senate may deem proper.

One Subject in a Bill

Rule 25. No bill shall embrace more than one subject and that shall be expressed in the title. (See also Art. 2, Sec. 19, State Constitution.)

No Amendment by Mere Reference to Title of Act

Rule 26. No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length. (See also Art. 2, Sec. 37, State Constitution.)

Reading of Papers

Rule 27. When the reading of any paper is called for, and is objected to by any senator, it shall be determined by a vote of the senate, without debate.

Any and all copies of reproductions of newspaper or magazine editorials, articles or cartoons or publications or material of any nature distributed to senators' desks must bear the name of at least one senator granting permission for the distribution. This shall not apply to materials normally distributed by the secretary of the senate or the majority or minority caucuses.

Comparing Enrolled and Engrossed Bills

Rule 28. Any senator shall have the right to compare an enrolled bill with the engrossed bill and may note any objections in the Journal.

SECTION IV

PARLIAMENTARY PROCEDURE

Rules of Debate

Rule 29. When any senator is about to speak in debate, or submit any matter to the senate, the senator shall rise, and standing in place, respectfully address the President, and when recognized shall, in a courteous manner, speak to the question under debate, avoiding personalities; provided that a senator may refer to another member using the title "Senator" and the surname of the other member. No senator shall impeach the motives of any other member or speak more than twice (except for explanation) during the consideration of any one question, on the same day or a second time without leave, when others who have not spoken desire the floor, but incidental and subsidiary questions arising during the debate shall not be considered the same question. A majority of the members present may further limit the number of times a member may speak on any question and may limit the length of time a member may speak but, unless a demand for the previous question has been sustained, a member shall not be denied the right to speak at least once on each question, nor shall a member be limited to less than three minutes on each question. In any event, the senator who presents the motion may open and close debate on the question.

Recognition by the President

Rule 30. When two or more senators rise at the same time to address the chair, the president shall name the one who shall speak first, giving preference, when practicable, to the mover or introducer of the subject under consideration.

Call for Division of a Question

Rule 31. Any senator may call for a division of a question, which shall be divided if it embraces subjects so distinct that one being taken away a substantive proposition shall remain for the decision of the senate; but a motion to strike out and insert shall not be divided.

Point of Order - Decision Appealable

Rule 32. Every decision of points of order by the president shall be subject to appeal by any senator, and discussion of a question of order shall be allowed. In all cases of appeal the question shall be: "Shall the decision of the president stand as the judgment of the senate?"

Question of Privilege

Rule 33. Any senator may rise to a question of privilege and explain a personal matter by leave of the president, but shall not discuss any pending question in such explanations, nor shall any question of personal privilege permit any senator to introduce any person or persons in the galleries. The president upon notice received may acknowledge the presence of any distinguished person or persons.

A question of privilege shall involve only subject matter which affects the particular senator personally and in a manner unique and peculiar to that senator.

Protests

Rule 34. Any senator or senators may protest against the action of the senate upon any question. Such protest may be entered upon the journal if it does not exceed 200 words. The senator protesting shall file the protest with the secretary of the senate within 48 hours following the action protested.

Adoption and Suspension of Rules

Rule 35. 1. The permanent senate rules adopted at the first regular session during a legislative biennium shall govern any session subsequently convened during the same legislative biennium. Adoption of permanent rules may be by majority of the senate without notice and a majority of the senate may change a permanent rule without notice at the beginning of any session, as determined pursuant to Article 2, Section 12 of the State Constitution. No permanent rule or order of the senate shall be rescinded or changed without a majority vote of the members, and one day's notice of the motion.

2. A permanent rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present unless otherwise specified herein. When the suspension of a rule is called, and after due notice from the president no objection is offered, the president may announce the rule suspended, and the senate may proceed accordingly. Motion for suspension of the rules shall not be debatable, except, the mover of the motion may briefly explain the purpose of the motion and at the discretion of the president a rebuttal may be allowed.

Previous Question

Rule 36. The previous question shall not be put unless demanded by three senators, and it shall then be in this form: “Shall the main question be now put?” When sustained by a majority of senators present it shall preclude all debate, except the senator who presents the motion may open and close debate on the question and the vote shall be immediately taken on the question or questions pending before the senate, and all incidental question or questions of order arising after the motion is made shall be decided whether on appeal or otherwise without debate.

Reconsideration

Rule 37. 1. After the final vote on any measure, before the adjournment of that day's session, any member who voted with the prevailing side may give notice of reconsideration unless a motion to immediately transmit the measure to the house has been decided in the affirmative. Such motion to reconsider shall be in order only under the order of motions of the day immediately following the day upon which such notice of reconsideration is given, and may be made by any member who voted with the prevailing side.

2. A motion to reconsider shall have precedence over every other motion, except a motion to adjourn; and when the senate adjourns while a motion to reconsider is pending or before passing the order of motions, the right to move a reconsideration shall continue to the next day of sitting. On and after the tenth day prior to adjournment sine die of any session, as determined pursuant to Article 2, Section 12, or concurrent resolution, or in the event that the measure is subject to a senate rule or resolution or a joint rule or concurrent resolution, which would preclude consideration on the next day of sitting a motion to reconsider shall only be in order on the same day upon which notice of reconsideration is given and may be made at any time that day. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.

Motion to Adjourn

Rule 38. Except when under call of the senate, a motion to adjourn shall always be in order. The name of the senator moving to adjourn and the time when the motion was made shall be entered upon the journal.

Yeas and Nays - When Must be Taken

Rule 39. The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec. 21, State Constitution.)

When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Senate Rules 22 and 24.)

Reed's Parliamentary Rules

Rule 40. The rules of parliamentary practice as contained in Reed's Parliamentary Rules shall govern the senate in all cases to which they are applicable, and in which they are not inconsistent with the rules and orders of this senate and the joint rules of this senate and the house of representatives.

SECTION V

COMMITTEES

Committees - Appointment and Confirmation

Rule 41. The president shall appoint all conference, special, joint and standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate.

In the event the senate shall refuse to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.

The following standing committees shall constitute the standing committees of the senate:

Standing Committee                                Total Membership

1. Accountability & Reform................................................... 5

2. Agriculture, Water & Rural Economic Development. ((6))5

((2.))3. Commerce & Labor.................................................... 7

((3.))4. Early Learning & K-12 Education.................... ((11))9

((4.))5. Energy, Environment & Telecommunications........... 9

((5.))6. Financial Institutions((, Housing)) & Insurance. ((8))9

((6. Governmental))7. Government Operations & State Security........ 7

((7.))8. Health Care...................................................... ((8)) 13

((8.))9. Higher Education........................................................ 7

((9.))10. Human Services ((& Corrections)), Mental Health & Housing........................................................................ 5

((10.))11. Law & Justice......................................................... 7

((11.))12. Natural Resources & Parks.................................... 7

((12.))13. Rules......... ((21))17 (plus the Lieutenant Governor)

((13.))14. Trade & Economic Development........................... 7

((14.))15. Transportation...................................................... 15

((15.))16. Ways & Means..................................................... 23

Subcommittees

Rule 42. Committee chairs may create subcommittees of the standing committee and designate subcommittee chairs thereof to study subjects within the jurisdiction of the standing committee. The committee chair shall approve the use of committee staff and equipment assigned to the subcommittee. Subcommittee activities shall further be subject to facilities and operations committee approval to the same extent as are the actions of the standing committee from which they derive their authority.

Subpoena Power

Rule 43. Any of the above referenced committees, including subcommittees thereof, or any special committees created by the senate, may have the powers of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with the provisions of chapter 44.16 RCW. The committee chair shall file with the committee on rules, prior to issuance of any process, a statement of purpose setting forth the name or names of those subject to process. The rules committee shall consider every proposed issuance of process at a meeting of the rules committee immediately following the filing of the statement with the committee. The process shall not be issued prior to consideration by the rules committee. The process shall be limited to the named individuals and the committee on rules may overrule the service on an individual so named.

Duties of Committees

Rule 44. The several committees shall fully consider measures referred to them.

The committees shall acquaint themselves with the interest of the state specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the state: PROVIDED, That no executive action on bills may be taken during an interim.

Committee Rules

Rule 45. 1. At least five days notice shall be given of all public hearings held by any committee other than the rules committee. Such notice shall contain the date, time and place of such hearing together with the title and number of each bill, or identification of the subject matter, to be considered at such hearing. By a majority vote of the committee members present at any committee meeting such notice may be dispensed with. The reason for such action shall be set forth in a written statement preserved in the records of the meeting.

2. No committee may hold a public hearing during a regular or extraordinary session on a proposal identified as a draft unless the draft has been made available to the public at least twenty-four hours prior to the hearing. This rule does not apply during the five days prior to any cutoff established by concurrent resolution nor does it apply to any measure exempted from the resolution.

3. During its consideration of or vote on any bill, resolution or memorial, the deliberations of any committee or subcommittee of the senate shall be open to the public. In case of any disturbance or disorderly conduct at any such deliberations, the chair shall order the sergeant at arms to suppress the same and may order the meeting closed to any person or persons creating such disturbance.

4. No committee shall amend a measure, adopt a substitute bill, or vote upon any measure or appointment absent a quorum. A committee may conduct a hearing absent a quorum. A majority of any committee shall constitute a quorum and committees shall be considered to have a quorum present unless the question is raised. Any question as to quorum not raised at the time of the committee action is deemed waived.

5. Bills reported to the senate from a standing committee must have a majority report, which shall be prepared upon a printed standing committee report form; shall be adopted at a regularly or specially called meeting during a legislative session and shall be signed by a majority of the committee; and shall carry only one of the following recommendations:

a. Do pass;

b. Do pass as amended;

c. That a substitute bill be substituted therefor, and the substitute bill do pass; or

d. Without recommendation.

In addition to one of the above-listed recommendations, a report may also recommend that a bill be referred to another committee.

6. A majority report of a committee must carry the signatures of a majority of the members of the committee. In the event a committee has a quorum pursuant to subsection 4 of this rule, subject to the limitation of subsection 12 of this rule, a majority of the members present may act on a measure, subject to obtaining the signatures of a majority of the members of the committee on the majority report.

7. Any measure, appointment, substitute bill, or amendment still within a committee's possession before it has been reported out to the full senate may be reconsidered to correct an error, change language, or otherwise accurately reflect the will of the committee in its majority and minority reports to the full senate. Any such reconsideration may be made at any time, by any member of the committee, provided that the committee has not yet reported the measure, appointment, substitute bill, or amendment out to the full senate. Any such reconsideration made after a vote has been taken or signatures obtained will require a new vote and signature sheet. Any measure which does not receive a majority vote of the members present may be reconsidered at that meeting and may again be considered upon motion of any committee member if one day's notice of said motion is provided to all committee members. For purposes of this rule, a committee is deemed to have reported a measure, appointment, substitute bill, or amendment out when it has delivered its majority and minority reports to the senate workroom. After such delivery, the committee no longer has possession of the measure, appointment, substitute bill, or amendment and no further committee action, including reconsideration, may be taken.

8. Any member of the committee not concurring in the majority report may sign a minority report containing a recommendation of "do not pass" or "without recommendation," which shall be signed by those members of the committee subscribing thereto, and submitted with the majority report. Unless the signatory of a minority report expressly indicates a "do not pass" recommendation, the member's vote shall be deemed to be "without recommendation." In every case where a majority report form is circulated for signature, a minority report form shall also be circulated.

9. When a committee reports a substitute for an original bill with the recommendation that the substitute bill do pass, it shall be in order to read the substitute bill the first time and have the same ordered printed.

A motion for the substitution of the substitute bill for the original bill shall not be in order until the committee on rules places the original bill on the second reading calendar.

10. No vote in any committee shall be taken by secret ballot nor shall any committee have a policy of secrecy as to any vote on action taken in such committee.

11. All reports of standing committees must be on the secretary's desk one hour prior to convening of the session in order to be read at said session. During any special session of the legislature, this rule may be suspended by a majority vote.

12. When a standing committee is operated by cochairs, the committee may not vote upon any measure or appointment without the consent of each cochair.

Committee Meetings During Sessions

Rule 46. No committee shall sit during the daily session of the senate unless by special leave.

No committee shall sit during any scheduled caucus.

Reading of Reports

Rule 47. The majority report, and minority report, if there be one, together with the names of the signers thereof, shall be read by the secretary, unless the reading be dispensed with by the senate, and all committee reports shall be spread upon the journal.

Recalling Bills from Committees

Rule 48. Any standing committee of the senate may be relieved of further consideration of any bill, regardless of prior action of the committee, by a majority vote of the senators elected or appointed. The senate may then make such orderly disposition of the bill as they may direct by a majority vote of the members of the senate.

Bills Referred to Rules Committee

Rule 49. All bills reported by a committee to the senate shall then be referred to the committee on rules for second reading without action on the report unless otherwise ordered by the senate. (See also Rules 63 and 64.)

Rules Committee

Rule 50. The lieutenant governor shall be a voting member and the chair of the committee on rules. The president pro tempore shall be a voting member and the vice chair of the committee on rules. The committee on rules shall have charge of the daily second and third reading calendar of the senate and shall direct the secretary of the senate the order in which the bills shall be considered by the senate and the committee on rules shall have the authority to directly refer any bill before them to any other standing committee. Such referral shall be reported out to the senate on the next day's business.

The senate may change the order of consideration of bills on the second or third reading calendar.

The calendar, except in emergent situations, as determined by the committee on rules, shall be on the desks and in the offices of the senators each day and shall cover the bills for consideration on the next following day.

Employment Committee

Rule 51. The employment committee for committee staff shall consist of five members, three from the majority party and two from the minority party. The chair shall be appointed by the majority leader. The committee shall, in addition to its other duties, appoint a staff director for committee services with the concurrence of four of its members. All other decisions shall be determined by majority vote. The committee shall operate within staffing, budget levels and guidelines as authorized and adopted by the facilities and operations committee.

Committee of the Whole

Rule 52. At no time shall the senate sit as a committee of the whole.

The senate may at any time, by the vote of the majority of the members present, sit as a body for the purpose of taking testimony on any measure before the senate.

Appropriation Budget Bills

Rule 53. Reserved

SECTION VI

BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL APPOINTMENTS

Definitions

Rule 54. "Measure" means a bill, joint memorial, joint resolution, or concurrent resolution.

"Bill" when used alone means bill, joint memorial, joint resolution, or concurrent resolution.

"Majority" shall mean a majority of those members present unless otherwise stated.

Prefiling

Rule 55. Holdover members and members-elect to the senate may prefile bills with the secretary of the senate on any day commencing with the first Monday in December preceding any session year; or twenty days prior to any special session of the legislature. Such bills will be printed, distributed and prepared for introduction on the first legislative day. No bill, joint memorial or joint resolution shall be prefiled by title and/or preamble only. (See also Rule 3, Sub. 3.)

Introduction of Bills

Rule 56. All bills, joint resolutions, and joint memorials introduced shall be endorsed with a statement of the title and the name of the member introducing the same. Any member desiring to introduce a bill, joint resolution, or joint memorial shall file the same with the secretary of the senate by noon of the day before the convening of the session at which said bill, joint resolution, or joint memorial is to be introduced.

Provided that a vote has not been taken on final passage of a bill, joint resolution, or joint memorial, a member may add his or her name as a cosponsor until 2:00 p.m. of the day of its introduction. For any bill, joint resolution, or joint memorial that has been prefiled for a regular session, a member has until 2:00 p.m. of the day following introduction to add his or her name as a cosponsor.

To be considered during a regular session, a bill must be introduced at least ten days before final adjournment of the legislature, unless the legislature directs otherwise by a vote of two-thirds of all the members elected to each house, said vote to be taken by yeas and nays and entered upon the journal. The time limitation for introduction of bills shall not apply to substitute bills reported by standing committees for bills pending before such committees and general appropriation and revenue bills. (See also Art. 2, Sec. 36, State Constitution.)

Amendatory Bills

Rule 57. Bills introduced in the senate intended to amend existing statutes shall have the words which are amendatory to such existing statutes underlined. Any matter to be deleted from the existing statutes shall be indicated by setting such matter forth in full, enclosed by double parentheses, and such deleted matter shall be lined out with hyphens. No bill shall be printed or acted upon until the provisions of this rule shall have been complied with.

Sections added by amendatory bill to an existing act, or chapter of the official code, need not be underlined but shall be designated "NEW SECTION" in upper case type and such designation shall be underlined. New enactments need not be underlined.

When statutes are being repealed, the Revised Code of Washington section number to be repealed, the section caption and the session law history, from the most current to the original, shall be cited.

Joint Resolutions and Memorials

Rule 58. Joint resolutions and joint memorials, up to the signing thereof by the president of the senate, shall be subject to the rules governing the course of bills.

Senate Concurrent Resolutions

Rule 59. Concurrent resolutions shall be subject to the rules governing the course of bills and may be adopted without a roll call. Concurrent resolutions authorizing investigations and authorizing the expenditure or allocation of any money must be adopted by roll call and the yeas and nays recorded in the journal. Concurrent resolutions are subject to final passage on the day of the first reading without regard to Senate Rules 62, 63, and 64.

Committee Bills

Rule 60. Committee bills introduced by a standing committee during a legislative session may be filed with the secretary of the senate and introduced, and the signature of each member of the committee shall be endorsed upon the cover of the original bill.

Committee bills shall be read the first time by title, ordered printed, and referred to the committee on rules for second reading.

Committee Reference

Rule 61. When a motion is made to refer a subject, and different committees are proposed, the question shall be taken in the following order:

Reading of Bills

Rule 62. Every bill shall be read on three separate days unless the senate deems it expedient to suspend this rule. Except for bills that create a new tax as provided in Rule 64, on and after the tenth day preceding adjournment sine die of any session, or three days prior to any cut-off date for consideration of bills, as determined pursuant to Article 2, Section 12 of the Constitution or concurrent resolution, or during any special session of the legislature, this rule may be suspended by a majority vote. (See also Rule 59 and Rule 64).

First Reading

Rule 63. The first reading of a bill shall be by title only, unless a majority of the members present demand a reading in full.

After the first reading, bills shall be referred to an appropriate committee pursuant to Rule 61.

Upon being reported back by committee, all bills shall be referred to the committee on rules for second reading, unless otherwise ordered by the senate. (See Rule 49.)

A bill shall be reported back by the committee chair upon written petition therefor signed by a majority of its members. The petition shall designate the recommendation as provided in Rule 45, Sub. 5.

No committee chair shall exercise a pocket veto of any bill.

Should there be a two-thirds majority report of the committee membership against the bill, a vote shall be immediately ordered for the indefinite postponement of the bill.

Second Reading/Amendments

Rule 64. Upon second reading, the bill shall be read section by section, in full, and be subject to amendment.

Any member may, if sustained by three members, remove a bill from the consent calendar as constituted by the committee on rules. A bill removed from the consent calendar shall take its place as the last bill in the order of consideration of bills on the second reading calendar.

No amendment shall be considered by the senate until it shall have been sent to the secretary's desk in writing and read by the secretary.

All amendments adopted on the second reading shall then be securely fastened to the original bill.

All amendments rejected by the senate shall be spread upon the journal, and the journal shall show the disposition of all amendments.

When no further amendments shall be offered, the president shall declare the bill has passed its second reading, and shall be referred to the committee on rules for third reading: Provided, That any bill that creates a new tax shall require the affirmative vote of two-thirds of the senators elected or appointed to advance to third reading, unless the bill contains a referendum clause.

Third Reading

Rule 65. Bills on third reading shall be read in full by sections, and no amendment shall be entertained.

When a bill shall pass, it shall be certified to by the secretary, together with the vote upon final passage, noting the day of its passage thereon.

The vote must be taken by yeas and nays, the names of the senators voting for and against the same to be entered upon the journal and the majority of the members elected to the senate must be recorded thereon as voting in its favor to secure its passage by the senate.

Scope and Object of Bill Not to be Changed

Rule 66. No amendment to any bill shall be allowed which shall change the scope and object of the bill. (See also Art. 2, Sec. 38, State Constitution.) Substitute bills shall be considered amendments for the purposes of this rule. A point of order raising the question of scope and object may be raised at any time during consideration of an amendment prior to voting on the amendment. A proposed amendment to an unamended title-only bill shall be within the scope and object of the bill if the subject of the amendment fits within the language in the title.

Matters Related to Disagreement Between the Senate and House

Rule 67. When there is a disagreement between the senate and house on a measure before the senate, the senate may act upon the measure with the following motions which have priority in the following order:

To concur

To non-concur

To recede

To insist

To adhere

These motions are in order as to any single amendment or to a series of amendments. (See Reed's Rules 247 through 254.)

A senate bill, passed by the house with amendment or amendments which shall change the scope and object of the bill, upon being received in the senate, shall be referred to an appropriate committee and shall take the same course as for original bills, unless a motion to ask the house to recede, to insist or to adhere is made prior to the measure being referred to committee.

A motion to concur with an amendment or amendments that create a new tax requires the affirmative vote of two-thirds of the senators elected or appointed unless the bill contains a referendum clause.

Bills Committed for Special Amendment

Rule 68. A bill may be committed with or without special instructions to amend at any time before taking the final vote.

Confirmation of Gubernatorial Appointees

Rule 69. When the names of appointees to state offices are transmitted to the secretary of the senate for senate confirmation, the communication from the governor shall be recorded and referred to the appropriate standing committee.

The standing committee, or subcommittee, pursuant to rule 42, shall require each appointee referred to the committee for consideration to complete the standard questionnaire to be used to ascertain the appointee's general background and qualifications. The committee may also require the appointee to complete a supplemental questionnaire related specifically to the qualifications for the position to which he has been appointed.

Any hearing on a gubernatorial appointment, held by the standing committee, or subcommittees, pursuant to rule 42, shall be a public hearing. The appointee may be required to appear before the committee on request. When appearing, the appointee shall be required to testify under oath or affirmation. The chair of the committee or the presiding member shall administer the oath or affirmation in accordance with RCW 44.16. (See also Article 2, Sec. 6 of the State Constitution.)

Nothing in this rule shall be construed to prevent a standing committee, or subcommittee, pursuant to rule 42, upon a two-thirds vote of its members, from holding executive sessions when considering an appointment.

When the committee on rules presents the report of the standing committee before the senate, the question shall be the confirmation of the name proposed, and the roll shall then be called and the yeas and nays entered upon the journal. In the event a message is received from the governor requesting return of an appointment or appointments to the office of the governor prior to confirmation, the senate shall vote upon the governor's request and the appointment or appointments shall be returned to the governor if the request is approved by a majority of the members elected or appointed. (Article 13 of the State Constitution.)

 

MOTION

 

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

On page 14, after line 19 of the floor resolution, insert the following:

"9. The Senate may not adopt or enforce any rule that requires a supermajority vote to advance a measure unless the rule is adopted by a roll call vote reflecting affirmative votes by two-thirds of the members elected or appointed to the Senate. This provision shall not apply to any supermajority vote required by the State Constitution."

 

Senator Frockt spoke in favor of adoption of the amendment.

Senator Fain spoke against adoption of the amendment.

 

POINT OF PARLIAMENTARY INQUIRY

 

Senator Baumgartner:  “It is not correct that any rule can be over turned with twenty-five votes?”

 

REPLY BY THE PRESIDENT

 

President Owen:  “Unless otherwise stated in the rules, that is correct.”

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Frockt on page 14, after line 19 to Senate Resolution No. 8601.

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

 

PARLIAMENTARY INQUIRY

 

Senator Frockt:  “Mr. President, would it be the case that a Point of Order as to Rule 64, specifically the provision of Rule 64, line seventeen to nineteen, would not be in order at this point given that there is no bill before us?”

 

REPLY BY THE PRESIDENT

 

President Owen:  “Senator, if you would state your Point of Order then I can make a decision at that point of whether or not it is appropriate at this time.”

 

POINT OF ORDER

 

Senator Frockt:  “Thank you Mr. President. I raise a Point of Order as to whether or not Rule 64, specifically line 17 to 19 violate Article 1, Section 22 of, substantively, of the State Constitution?”

 

RULING BY THE PRESIDENT

 

President Owen:  “Senator Frockt, in that case, that helps me understand what you are asking and in that case the President does not rule on what could be. He rules only on what is when it happens. Therefore, your question would not be appropriately before us at this time, only when, in fact, a piece of legislation is before us or a motion of some kind is before us that the President can rule directly on.”

 

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8601.

 

PARLIAMENTARY INQUIRY

 

Senator Billig:  “Thank you Mr. President. This is the vote on the rules at this point or are we still voting on the amendment?”

 

REPLY BY THE PRESIDENT

 

President Owen:  “It hadn’t been changed. The amendment had been defeated. We are voting on adoption of the rules or adoption of Senate Resolution No. 8601.”

 

Senator Baumgartner spoke in favor of adoption of the resolution.

Senators Billig, Hasegawa and Frockt spoke against adoption of the resolution.

The motion by Senator Fain carried and the resolution was adopted by a rising vote.

 

MOTION

 

Senator Fain moved adoption of the following resolution:

 

SENATE RESOLUTION

8600

 

By Senators Schoesler and Nelson

 

BE IT RESOLVED, That a committee consisting of two members of the Senate be appointed by the President of the Senate to notify the Governor that the Senate is organized and ready to conduct business.

 

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8600.

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

 

APPOINTMENT OF SPECIAL COMMITTEE

 

In accordance with Senate Resolution No. 8600, the President appointed Senators Miloscia and Habib to notify the Governor that the Legislature was organized and ready to conduct business.

 

MOTION

 

On motion of Senator Fain, the appointments were confirmed by voice vote.

 

Senator Fraser announced a meeting of the Senate Democratic Caucus immediately following the senate going at ease.

 

Senator Parlette announced a meeting of the Senate Majority Coalition Caucus following the senate going at ease.

 

MOTION

 

At 2:08 p.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 3:50 p.m. by President Owen.

 

STANDING COMMITEE ASSIGNMENTS

 

The President declared the senators named on the “2015 Standing Committee Assignments” to the standing committees of the senate appointed as designated:

 

2015 SENATE STANDING COMMITTEE ASSIGNMENTS

Accountability & Reform

Miloscia, Chair

Padden, Vice Chair

Jayapal, Ranking Minority Member

Dansel

Fraser

 

Agriculture, Water & Rural Economic Development

Warnick, Chair

Dansel, Vice Chair

Hatfield, Ranking Minority Member

Hobbs

Honeyford

 

Commerce & Labor

Baumgartner, Chair

Braun, Vice Chair

Hasegawa, Ranking Minority Member

Conway

Keiser

King

Warnick

 

Early Learning & K-12 Education

Litzow, Chair

Dammeier, Vice Chair

McAuliffe, Ranking Minority Member

Billig

Fain

Hill

Mullet

Rivers

Rolfes

 

Energy, Environment & Telecommunications

Ericksen, Chair

Sheldon, Vice Chair

McCoy, Ranking Minority Member

Braun

Brown

Cleveland

Habib

Honeyford

Ranker

 

Financial Institutions & Insurance

Benton, Chair

Angel, Vice Chair

Mullet, Ranking Minority Member

Darneille

Fain

Hobbs

Litzow

Pedersen

Roach

 

Government Operations & State Security

Roach, Chair

Benton, Vice Chair

Pearson, Vice Chair

Liias, Ranking Minority Member

Dansel

Habib

McCoy

 

Health Care

Becker, Chair

Dammeier, Vice Chair

Frockt, Ranking Minority Member

Angel

Bailey

Baumgartner

Brown

Cleveland

Conway

Jayapal

Keiser

Parlette

Rivers

 

Higher Education

Bailey, Chair

Baumgartner, Vice Chair

Kohl-Welles, Ranking Minority Member

Becker

Frockt

Liias

Miloscia

 

Human Services, Mental Health & Housing

O’Ban, Chair

Miloscia, Vice Chair

Darneille, Ranking Minority Member

Hargrove

Padden

 

Law & Justice

Padden, Chair

O’Ban, Vice Chair

Pedersen, Ranking Minority Member

Darneille

Kohl-Welles

Pearson

Roach

 

Natural Resources & Parks

Pearson, Chair

Dansel, Vice Chair

Hatfield, Ranking Minority Member

Chase

Hewitt

McAuliffe

Warnick

 

Trade & Economic Development

Brown, Chair

Braun, Vice Chair

Chase, Ranking Minority Member

Angel

Ericksen

Frockt

McCoy

 

Transportation

King, Chair

Fain, Vice Chair, Budget

Benton, Vice Chair

Hobbs, Ranking Minority Member

Liias, Assistant Ranking Minority Member

Baumgartner

Cleveland

Ericksen

Habib

Jayapal

Litzow

Miloscia

Pedersen

Rivers

Sheldon

 

Ways & Means

Hill, Chair

Braun, Vice Chair

Dammeier, Vice Chair, Education Finance

Honeyford, Vice Chair, Capital Budget

Hargrove, Ranking Minority Member

Ranker, Assistant Ranking Minority Member, Operating Budget

Keiser, Assistant Ranking Minority Member, Capital Budget

Bailey

Becker

Billig

Brown

Conway

Fraser

Hasegawa

Hatfield

Hewitt

Kohl-Welles

O’Ban

Parlette

Padden

Rolfes

Schoesler

Warnick

 

MOTION

 

On motion of Senator Fain, the appointments to the Standing Committees were confirmed by voice vote.

 

MOTION

 

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

 

REPORT OF COMMITTEE

 

Pursuant to Senate Resolution No. 8600, Senators Miloscia and Habib, at the request of the President, appeared before the bar of the Senate and reported the Governor had been notified that the Legislature was organized and ready to conduct business.

 

PARLIAMENTARY INQUIRY

 

Senator Habib:  “Does this speech, by Senate convention, trigger the gifting tradition to other members?”

 

REPLY BY THE PRESIDENT

 

President Owen:  “The President would state and rule as follows: It depends on how profound this statement is your about to make to us. No, this does not count. We want to have something more, with more meat to it.”

 

MESSAGE FROM THE HOUSE

 

January 12, 2015

 

MR. PRESIDENT:

The House has adopted:

HOUSE CONCURRENT RESOLUTION NO. 4400,

HOUSE CONCURRENT RESOLUTION NO. 4402

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

 

SB 5000  by Senators Parlette, Warnick, King, Honeyford and Chase

AN ACT Relating to allowing rural counties providing emergency medical services to locations with a rural amphitheater to impose an additional admissions surcharge; amending RCW 36.38.010 and 36.38.020; adding a new section to chapter 43.10 RCW; and creating a new section.

 

Referred to Committee on Government Operations & State Security.

 

SB 5001  by Senators Hewitt, Kohl-Welles, Conway, Schoesler, Keiser, Hatfield and Warnick

AN ACT Relating to alcohol tasting by students under twenty-one years of age; and amending RCW 66.20.010 and 66.44.270.

 

Referred to Committee on Commerce & Labor.

 

SB 5002  by Senator Rivers

AN ACT Relating to traffic infractions for marijuana, marijuana-based substances, or marijuana-infused substances; and adding a new section to chapter 46.61 RCW.

 

Referred to Committee on Law & Justice.

 

SB 5003  by Senators Hatfield, Rivers and Hobbs

AN ACT Relating to the taxes payable on sales by licensed recreational marijuana producers, processors, and retailers; amending RCW 69.50.535 and 69.50.334; adding a new section to chapter 69.50 RCW; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

SB 5004  by Senators Angel and Rolfes

AN ACT Relating to establishing the position and authority of warrant officers in first-class cities to enforce court orders and outstanding warrants; and adding a new section to chapter 35.20 RCW.

 

Referred to Committee on Law & Justice.

 

SB 5005  by Senators Angel and Rolfes

AN ACT Relating to grandparent visitation rights; amending RCW 26.09.240; and creating a new section.

 

Referred to Committee on Law & Justice.

 

SB 5006  by Senator Angel

AN ACT Relating to authorizing the termination of all legal responsibilities of a nonparent if genetic testing shows by clear and convincing evidence that a man is not the genetic father of a child; amending RCW 26.26.310, 26.26.320, 26.26.335, 26.26.530, 26.26.535, 26.26.600, and 26.26.405; and adding a new section to chapter 26.26 RCW.

 

Referred to Committee on Law & Justice.

 

SB 5007  by Senator Angel

AN ACT Relating to the regulation of employment agencies; amending RCW 18.235.020 and 43.24.150; and repealing RCW 19.31.010, 19.31.020, 19.31.030, 19.31.040, 19.31.050, 19.31.060, 19.31.070, 19.31.080, 19.31.090, 19.31.100, 19.31.110, 19.31.120, 19.31.130, 19.31.140, 19.31.150, 19.31.160, 19.31.170, 19.31.180, 19.31.190, 19.31.210, 19.31.220, 19.31.230, 19.31.240, 19.31.245, 19.31.250, 19.31.260, 19.31.270, 19.31.900, and 19.31.910.

 

Referred to Committee on Commerce & Labor.

 

SB 5008  by Senator Angel

AN ACT Relating to beverage containers; and amending RCW 70.132.020.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 5009  by Senators Hobbs, Braun and Conway

AN ACT Relating to self-service storage facilities; amending RCW 19.150.010, 19.150.040, and 19.150.060; and adding new sections to chapter 19.150 RCW.

 

Referred to Committee on Commerce & Labor.

 

SB 5010  by Senators Frockt, Rolfes, Kohl-Welles, Hasegawa, Jayapal, Keiser and Ranker

AN ACT Relating to the health professional loan repayment and scholarship program fund; adding a new section to chapter 28B.115 RCW; and making appropriations.

 

Referred to Committee on Health Care.

 

SB 5011  by Senators Becker, Cleveland, Frockt and Keiser

AN ACT Relating to third-party payor release of health care information; amending RCW 70.02.045; and declaring an emergency.

 

Referred to Committee on Health Care.

 

SB 5012  by Senators Hatfield, Honeyford, Rolfes, Ericksen, Kohl-Welles, Hasegawa, Chase and Hobbs

AN ACT Relating to authorizing the growing of industrial hemp; adding a new chapter to Title 15 RCW; creating a new section; and providing an expiration date.

 

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

 

SB 5013  by Senator Honeyford

AN ACT Relating to the use of designated agricultural lands; amending RCW 36.70A.060; and creating a new section.

 

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

 

SB 5014  by Senators Honeyford and Ericksen

AN ACT Relating to best practices for water banks; reenacting and amending RCW 90.42.020; adding new sections to chapter 90.42 RCW; creating a new section; and declaring an emergency.

 

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

 

SB 5015  by Senators Honeyford and Ericksen

AN ACT Relating to extending the dairy inspection program assessment expiration date; amending RCW 15.36.551; and providing an expiration date.

 

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

 

SB 5016  by Senators Honeyford and Ericksen

AN ACT Relating to retaining water resources to assure the vitality of local economies; adding new sections to chapter 90.42 RCW; and creating a new section.

 

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

 

SB 5017  by Senators Honeyford, Rolfes, King, Sheldon and Hatfield

AN ACT Relating to defining honey bee products and services as an agricultural product; amending RCW 82.04.213, 82.04.330, 82.04.050, and 82.08.855; creating new sections; repealing RCW 82.04.629, 82.04.630, 82.08.0204, 82.12.0204, 82.08.200, 82.12.200, and 43.136.047; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

SB 5018  by Senators Honeyford and Ericksen

AN ACT Relating to underground artificial storage and recovery projects; and amending RCW 90.03.370.

 

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

 

SB 5019  by Senator Honeyford

AN ACT Relating to the agricultural labor skills and safety grant program; adding a new section to chapter 43.330 RCW; creating a new section; and providing an expiration date.

 

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

 

SB 5020  by Senators Bailey, McCoy, Hobbs, Pedersen, Conway, Schoesler, Rolfes and Chase

AN ACT Relating to the state agencies continuity of operations planning requirements; and amending RCW 38.52.010, 38.52.020, and 38.52.030.

 

Referred to Committee on Government Operations & State Security.

 

SB 5021  by Senators McCoy, Ericksen and Hobbs

AN ACT Relating to cadmium in children's jewelry; and amending RCW 70.240.020.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 5022  by Senators Angel, Liias and Rolfes

AN ACT Relating to providing fee immunity for certain city, town, and county water facilities; and adding a new section to chapter 35.21 RCW.

 

Referred to Committee on Natural Resources & Parks.

 

SB 5023  by Senators Parlette and Keiser

AN ACT Relating to the filing of large group health benefit plans, stand-alone dental plans, and stand-alone vision plans by disability insurers, health care service contractors, and health maintenance organizations; amending RCW 48.18.100; adding a new section to chapter 48.43 RCW; and creating a new section.

 

Referred to Committee on Health Care.

 

SB 5024  by Senator Benton

AN ACT Relating to conforming amendments made necessary by reorganizing and streamlining central service functions, powers, and duties of state government; amending RCW 2.36.057, 2.36.0571, 2.68.060, 4.92.110, 4.96.020, 8.26.085, 15.24.086, 15.64.060, 15.65.285, 15.66.280, 15.88.070, 15.89.070, 15.100.080, 15.115.180, 17.15.020, 19.27.097, 19.27.150, 19.27A.020, 19.27A.190, 19.34.100, 19.285.060, 27.34.075, 27.34.410, 27.48.040, 28A.150.530, 28A.335.300, 28B.10.417, 35.21.779, 35.68.076, 35A.65.010, 36.28A.070, 39.04.155, 39.04.220, 39.04.290, 39.04.320, 39.04.330, 39.04.370, 39.04.380, 39.24.050, 39.30.050, 39.32.020, 39.32.040, 39.32.060, 39.35.060, 39.35A.050, 39.35B.040, 39.35C.050, 39.35C.090, 39.59.010, 41.04.017, 41.04.220, 41.04.375, 43.01.090, 43.01.091, 43.01.240, 43.01.250, 43.01.900, 43.15.020, 43.17.050, 43.17.100, 43.17.400, 43.19.647, 43.19.651, 43.19.670, 43.19.682, 43.19.691, 43.19.757, 43.19A.022, 43.19A.040, 43.21F.045, 43.34.090, 43.82.035, 43.82.055, 43.82.130, 43.83.116, 43.83.120, 43.83.136, 43.83.142, 43.83.156, 43.83.176, 43.83.188, 43.83.202, 43.88.090, 43.88.350, 43.88.560, 43.96B.215, 43.101.080, 43.325.020, 43.325.030, 43.330.907, 43.331.040, 43.331.050, 44.68.065, 44.73.010, 46.08.065, 46.08.150, 46.08.172, 47.60.830, 70.58.005, 70.94.537, 70.94.551, 70.95.265, 70.95C.110, 70.95H.030, 70.95M.060, 70.235.050, 71A.20.190, 72.01.430, 72.09.450, 77.12.177, 77.12.451, 79.19.080, 79.24.300, 79.24.530, 79.24.540, 79.24.560, 79.24.570, 79.24.664, 79.24.710, 79.24.720, 79.24.730, and 79A.15.010; reenacting RCW 42.17A.110; adding a new section to chapter 49.74 RCW; decodifying RCW 37.14.010, 43.19.533, 43.320.012, 43.320.013, 43.320.014, 43.320.015, 43.320.901, and 70.120.210; repealing RCW 43.105.041, 43.105.178, 43.105.330, 43.105.070, and 49.74.040; and providing an expiration date.

 

Referred to Committee on Government Operations & State Security.

 

SB 5025  by Senators Rivers, Cleveland and Benton

AN ACT Relating to the apportionment of quick title service fees collected by appointed subagents; and amending RCW 46.68.025.

 

Referred to Committee on Transportation.

 

SB 5026  by Senators Pedersen, Ranker, Keiser, Kohl-Welles, Frockt, Habib, Hobbs, Nelson, Chase, Hatfield, Mullet, McAuliffe, Darneille, Hasegawa, McCoy, Conway, Cleveland, Liias, Jayapal, Billig, Rolfes and Fraser

AN ACT Relating to declaring that it is an unfair practice for any employer who provides health insurance to its employees as part of an employee's benefit package to not include contraceptive coverage as part of the benefit package, to fail to comply with federal rules adopted under the affordable care act relating to the provision of contraceptive coverage, or to discriminate against any employee based on that employee's use of any reproductive health care service, drug, or device; adding new sections to chapter 49.60 RCW; and creating new sections.

 

Referred to Committee on Law & Justice.

 

SB 5027  by Senators Angel, Darneille, Dammeier, Keiser, Parlette, Cleveland, Bailey and Chase

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

 

Referred to Committee on Health Care.

 

SB 5028  by Senators Bailey, Dammeier, Cleveland, Keiser and Warnick

AN ACT Relating to raising licensure limits to allow assisted living facilities to serve a higher acuity resident population; amending RCW 18.20.030, 18.20.090, 18.20.160, and 18.20.330; reenacting and amending RCW 18.20.020; and adding new sections to chapter 18.20 RCW.

 

Referred to Committee on Health Care.

 

SB 5029  by Senators Pedersen and O'Ban

AN ACT Relating to the uniform fiduciary access to digital assets act; and adding a new chapter to Title 11 RCW.

 

Referred to Committee on Law & Justice.

 

SB 5030  by Senators Pedersen and O'Ban

AN ACT Relating to the limited liability company act; adding new sections to chapter 25.15 RCW; repealing RCW 25.15.005, 25.15.007, 25.15.010, 25.15.015, 25.15.020, 25.15.025, 25.15.030, 25.15.035, 25.15.040, 25.15.045, 25.15.050, 25.15.055, 25.15.060, 25.15.070, 25.15.075, 25.15.085, 25.15.090, 25.15.095, 25.15.100, 25.15.105, 25.15.115, 25.15.120, 25.15.125, 25.15.130, 25.15.135, 25.15.140, 25.15.150, 25.15.155, 25.15.160, 25.15.165, 25.15.170, 25.15.175, 25.15.180, 25.15.185, 25.15.190, 25.15.195, 25.15.200, 25.15.205, 25.15.215, 25.15.220, 25.15.225, 25.15.230, 25.15.235, 25.15.245, 25.15.250, 25.15.255, 25.15.260, 25.15.270, 25.15.273, 25.15.275, 25.15.280, 25.15.285, 25.15.290, 25.15.293, 25.15.295, 25.15.298, 25.15.300, 25.15.303, 25.15.310, 25.15.315, 25.15.320, 25.15.325, 25.15.330, 25.15.335, 25.15.340, 25.15.345, 25.15.350, 25.15.355, 25.15.360, 25.15.365, 25.15.366, 25.15.370, 25.15.375, 25.15.380, 25.15.385, 25.15.390, 25.15.395, 25.15.400, 25.15.405, 25.15.410, 25.15.415, 25.15.417, 25.15.419, 25.15.420, 25.15.422, 25.15.423, 25.15.425, 25.15.430, 25.15.435, 25.15.440, 25.15.445, 25.15.450, 25.15.455, 25.15.460, 25.15.465, 25.15.470, 25.15.475, 25.15.480, 25.15.800, 25.15.805, 25.15.810, 25.15.900, 25.15.901, and 25.15.902; and providing an effective date.

 

Referred to Committee on Law & Justice.

 

SB 5031  by Senators Pedersen and O'Ban

AN ACT Relating to permitting advance action regarding business opportunities under the business corporation act; amending RCW 23B.01.400, 23B.02.020, 23B.08.700, and 23B.08.720; and adding a new section to chapter 23B.08 RCW.

 

Referred to Committee on Law & Justice.

 

SB 5032  by Senators Pedersen and O'Ban

AN ACT Relating to specifying when a transaction in the form of a lease does not create a security interest for purposes of the uniform commercial code; and amending RCW 62A.1-203.

 

Referred to Committee on Law & Justice.

 

SB 5033  by Senators Padden, Darneille, Pearson, Mullet, Fraser, Fain, Keiser, Kohl-Welles, O'Ban, Conway, Dammeier and Chase

AN ACT Relating to sexually violent predators; amending RCW 71.09.070 and 71.09.020; providing an effective date; and declaring an emergency.

 

Referred to Committee on Human Services, Mental Health & Housing.

 

SB 5034  by Senators Habib and King

AN ACT Relating to referral of medical cases to occupational therapists; and amending RCW 18.59.100.

 

Referred to Committee on Health Care.

 

SB 5035  by Senators Pearson, Kohl-Welles, Hatfield and Liias

AN ACT Relating to the medal of valor; amending RCW 1.60.010, 1.60.020, and 1.60.030; and declaring an emergency.

 

Referred to Committee on Government Operations & State Security.

 

SB 5036  by Senators O'Ban and Dammeier

AN ACT Relating to body armor; amending RCW 9.94A.030, 9.94A.533, and 9.94A.728; adding a new section to chapter 9.94A RCW; prescribing penalties; and providing an effective date.

 

Referred to Committee on Law & Justice.

 

SB 5037  by Senators O'Ban and Sheldon

AN ACT Relating to organized retail theft; amending RCW 9A.56.350; and prescribing penalties.

 

Referred to Committee on Law & Justice.

 

SB 5038  by Senator O'Ban

AN ACT Relating to waiving liability for service members for certain towing costs and penalties under certain circumstances; amending RCW 46.55.105; and providing an effective date.

 

Referred to Committee on Transportation.

 

SB 5039  by Senator O'Ban

AN ACT Relating to affirming the authority of the clemency and pardons board to make recommendations to the governor regarding petitions for reprieve to ensure that victims, law enforcement, prisoners, and others are heard; amending RCW 10.01.120; and creating a new section.

 

Referred to Committee on Law & Justice.

 

SB 5040  by Senators O'Ban and Kohl-Welles

AN ACT Relating to communication of mammographic breast density information to patients; and adding a new section to chapter 70.54 RCW.

 

Referred to Committee on Health Care.

 

SB 5041  by Senators O'Ban, Fain, Dammeier and Kohl-Welles

AN ACT Relating to seizure and forfeiture of property for patronizing a prostitute; amending RCW 9A.88.150; and creating a new section.

 

Referred to Committee on Law & Justice.

 

SB 5042  by Senators O'Ban, Benton, Conway, Dammeier, Sheldon and Warnick

AN ACT Relating to providing a business and occupation tax credit for businesses that hire veterans; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; creating a new section; providing an effective date; and providing expiration dates.

 

Referred to Committee on Ways & Means.

 

SB 5043  by Senators O'Ban, Benton and Warnick

AN ACT Relating to providing greater small business assistance by modifying the filing threshold for excise tax purposes; amending RCW 82.32.045; creating a new section; providing an effective date; and declaring an emergency.

 

Referred to Committee on Trade & Economic Development.

 

SB 5044  by Senators Brown, Ericksen and Hewitt

AN ACT Relating to mitigation measures for shoreline development; and amending RCW 90.58.100.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 5045  by Senators Angel and Hewitt

AN ACT Relating to the deauthorization of union security provisions by public employees; and amending RCW 41.56.122, 41.76.045, 49.39.090, 47.64.160, 41.80.100, 41.59.100, and 49.66.010.

 

Referred to Committee on Commerce & Labor.

 

SB 5046  by Senators Padden and Pedersen

AN ACT Relating to correcting a codification error concerning the governor's designee to the traffic safety commission; reenacting and amending RCW 43.59.030; and creating a new section.

 

Referred to Committee on Law & Justice.

 

SB 5047  by Senators Braun, Conway, Rivers, Fraser, Kohl-Welles, Hasegawa, Dammeier, Pedersen, Jayapal and Darneille

AN ACT Relating to enhancing the protection of consumer financial information; amending RCW 19.255.010 and 42.56.590; and creating a new section.

 

Referred to Committee on Law & Justice.

 

SB 5048  by Senators Chase, Roach, Hatfield and Miloscia

AN ACT Relating to the referendum of assumptions of water-sewer districts by cities and towns; and adding a new section to chapter 35.13A RCW.

 

Referred to Committee on Government Operations & State Security.

 

SB 5049  by Senators Angel, Benton, Warnick, Keiser, Roach, Kohl-Welles, Schoesler, Dammeier and Hatfield

AN ACT Relating to surgical technologists; amending RCW 18.215.005 and 18.215.010; adding new sections to chapter 18.215 RCW; and providing an effective date.

 

Referred to Committee on Health Care.

 

SB 5050  by Senators Roach, Conway, McCoy, Darneille, Hobbs, Hasegawa and Keiser

AN ACT Relating to adding adherence to state wage payment laws to the state's responsible bidder criteria; amending RCW 39.04.350 and 39.26.160; adding a new section to chapter 49.46 RCW; adding a new section to chapter 49.48 RCW; and adding a new section to chapter 49.52 RCW.

 

Referred to Committee on Commerce & Labor.

 

SB 5051  by Senators Hatfield and Kohl-Welles

AN ACT Relating to transportation and delivery services for marijuana producers, marijuana processors, and marijuana retailers; amending RCW 69.50.4013 and 69.50.4014; and adding new sections to chapter 69.50 RCW.

 

Referred to Committee on Commerce & Labor.

 

SB 5052  by Senators Rivers, Hatfield and Conway

AN ACT Relating to establishing the cannabis patient protection act; amending RCW 66.08.012, 69.50.101, 69.50.325, 69.50.342, 69.50.345, 69.50.354, 69.50.357, 69.50.360, 69.50.4013, 69.51A.005, 69.51A.010, 69.51A.030, 69.51A.040, 69.51A.045, 69.51A.055, 69.51A.060, 69.51A.070, 69.51A.085, and 69.51A.100; adding new sections to chapter 69.51A RCW; adding a new section to chapter 42.56 RCW; adding a new section to chapter 69.50 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating new sections; repealing RCW 69.51A.020, 69.51A.025, 69.51A.047, 69.51A.090, 69.51A.140, 69.51A.200, 69.51A.043, and 69.51A.085; prescribing penalties; providing an effective date; and declaring an emergency.

 

Referred to Committee on Health Care.

 

SB 5053  by Senators O'Ban, King, Conway and Sheldon

AN ACT Relating to the reporting of highway construction project errors; and adding a new section to chapter 47.01 RCW.

 

Referred to Committee on Transportation.

 

SB 5054  by Senators O'Ban, King and Frockt

AN ACT Relating to design-build construction for transportation projects; and amending RCW 47.20.780 and 47.20.785.

 

Referred to Committee on Transportation.

 

SB 5055  by Senators Angel and Roach

AN ACT Relating to a local government installing a public sewage system within the public right-of-way under certain circumstances; and amending RCW 70.05.074.

 

Referred to Committee on Government Operations & State Security.

 

SB 5056  by Senators Ericksen and Chase

AN ACT Relating to the use of chemical action plans for recommendations of safer chemicals; amending RCW 70.240.050; adding a new section to chapter 70.240 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 70.105 RCW; and making an appropriation.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 5057  by Senator Ericksen

AN ACT Relating to the safe transport of hazardous materials; amending RCW 82.23B.010, 82.23B.020, 82.23B.030, 82.23B.040, 88.40.011, 90.56.010, 81.53.240, and 38.52.070; reenacting and amending RCW 88.46.010 and 38.52.040; adding a new section to chapter 90.56 RCW; creating new sections; and making an appropriation.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 5058  by Senators Fain, Dammeier, Hobbs, Liias, Pedersen and Mullet

AN ACT Relating to reauthorizing and expanding the financial fraud and identity theft crimes investigation and prosecution program; amending RCW 43.330.300 and 62A.9A-525; amending 2009 c 565 s 57 and 2008 c 290 s 4 (uncodified); providing an effective date; and declaring an emergency.

 

Referred to Committee on Law & Justice.

 

SB 5059  by Senators Frockt, Fain, Pedersen and Chase

AN ACT Relating to bad faith assertions of patent infringement; and adding a new chapter to Title 19 RCW.

 

Referred to Committee on Law & Justice.

 

SB 5060  by Senators Honeyford, Schoesler and Warnick

AN ACT Relating to improving relationships between agricultural producers and state regulatory staff; adding a new section to chapter 89.08 RCW; creating a new section; and providing an expiration date.

 

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

 

SB 5061  by Senators Honeyford, Schoesler, Warnick and Ericksen

AN ACT Relating to limiting the authority of growth management hearings boards to hear petitions challenging the regulation of permit exempt wells; amending RCW 36.70A.280 and 36.70A.280; providing an effective date; and providing an expiration date.

 

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

 

SB 5062  by Senators Honeyford, Schoesler and Warnick

AN ACT Relating to water quality enforcement procedure; and amending RCW 90.48.120.

 

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

 

SB 5063  by Senators Hill, Benton, Ericksen, Dammeier and Sheldon

AN ACT Relating to prioritizing state revenue growth for education; adding a new section to chapter 43.135 RCW; creating a new section; and providing for submission of this act to a vote of the people.

 

Referred to Committee on Ways & Means.

 

SB 5064  by Senators Hill, Ericksen, Dammeier, Sheldon, Warnick, Frockt, Hewitt and Mullet

AN ACT Relating to providing that a quarterly revenue forecast is due on February 20th during both a long and short legislative session year; reenacting and amending RCW 82.33.020; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

SJR 8200   by Senators Roach, Benton, Dammeier, Pearson and Sheldon

Amending the Constitution to require a two-thirds majority vote of the legislature to raise taxes.

 

Referred to Committee on Government Operations & State Security.

 

SUPPLEMENTAL INTRODUCTION AND FIRST READING

 

SCR 8400  by Senators Schoesler and Nelson

Establishing cutoff dates for the consideration of legislation during the 2015 regular session of the sixty-fourth legislature.

 

FIRST READING OF HOUSE BILLS

 

HCR 4400 by Representatives Sullivan and Kretz

Convening the House of Representatives and Senate in Joint Session to receive the State of the State message of Governor Jay Inslee.

 

HCR 4402 by Representatives Sullivan and Kretz

Adopting joint rules.

 

MOTION

 

On motion of Senator Fain, all measures listed on the Introduction and First Reading report and the Supplemental Introduction and First Reading report were referred to the committees as designated with the exceptions of Senate Bill No. 5010 which was referred to the Committee on Health Care; Senate Bill No. 5018 and Senate Bill No. 5062 which were referred to the Committee on Agriculture, Water & Rural Economic Development; Senate Joint Resolution No. 8200 which was referred to the Committee on Government Operations & State Security; and Senate Concurrent Resolution No. 8400, House Concurrent Resolution No. 4400 and House Concurrent Resolution No. 4402 which, under suspension of the rules, were placed on the day’s second reading calendar.

 

REMARKS BY SENATOR FAIN

 

Senator Fain:  “Thank you Mr. President. For the information to the members, as is tradition here, pursuant to Senate Rule 56, the bills that were on today’s Short Titles & Referrals will remain in the Workroom until 2:00 p.m. tomorrow, giving all members an opportunity to sign onto those bill, if there is anything on that list that you were not able to sign on to the actual pink sheets. So please keep that in mind. Also, please keep in mind that bills are available to add sponsors names until 2:00 p.m. on the day in which those bills are dropped or introduced.”

 

MOTION

 

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

 

SECOND READING

 

SENATE CONCURRENT RESOLUTION NO. 8400, by Senators Schoesler and Nelson

 

Establishing cutoff dates for the consideration of legislation during the 2015 regular session of the sixty-fourth legislature.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, the rules were suspended, Senate Concurrent Resolution No. 8400 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

MOTION

 

On motion of Senator Habib, Senator Hargrove was excused.

 

The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8400.

 

SENATE CONCURRENT RESOLUTION NO. 8400 having received a majority was adopted by voice vote.

 

SECOND READING

 

HOUSE CONCURRENT RESOLUTION NO. 4402, by Representatives Sullivan and Kretz

 

Adopting joint rules.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, the rules were suspended, House Concurrent Resolution No. 4402 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

The President declared the question before the Senate to be the adoption of House Concurrent Resolution No. 4402.

 

HOUSE CONCURRENT RESOLUTION NO. 4402 having received a majority was adopted by voice vote.

 

SECOND READING

 

HOUSE CONCURRENT RESOLUTION NO. 4400, by Representatives Sullivan and Kretz

 

Convening the House of Representatives and Senate in Joint Session to receive the State of the State message of Governor Jay Inslee.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, the rules were suspended, House Concurrent Resolution No. 4400 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

The President declared the question before the Senate to be the adoption of House Concurrent Resolution No. 4400.

 

HOUSE CONCURRENT RESOLUTION NO. 4400 having received a majority was adopted by voice vote.

 

MOTION

 

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

 

MESSAGE FROM THE SECRETARY OF STATE

 

April 1, 2014

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislature Building

Olympia, Washington 98504

 

Dear Lieutenant Governor Owen:

 

We respectfully transmit for your consideration Substitute Senate Bill No. 6129 which was partially vetoed by the Governor, along with this objection to the bill, as required by Article III, section 12, of the Washington State Constitution:

 

IN TESTIMONY WHEREOF, I have signed and affixed the Seal of the state of Washington, this 1^st day of April, 2014.

Kim Wyman, Secretary of State

(Seal)

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SUBSTITUTE SENATE BILL NO. 6129

 

March 28, 2014

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 1, Substitute Senate Bill No. 6129 entitled:

 

“AN ACT Relating to paraeducator development.”

 

This legislation directs the Public Educators Standards Board to convene a workgroup to design minimum employment standards, professional development, and an articulated career ladder leading to certification for paraeducators. It also requires the state’s community and technical colleges to incorporate cultural competency training into their paraeducator training programs and to these candidates the opportunity to earn transferrable credits.

 

Section 1 is an intent section that discusses various experiences of school paraeducators, and is not necessary to interpret or implement the substantive provisions of the bill.

 

For these reasons I have vetoed Section 1 of Substitute Senate Bill No. 6129.

 

With the exception of Section 1, Substitute Senate Bill No. 6129 is approved.

 

 

MESSAGE FROM THE SECRETARY OF STATE

 

April 11, 2014

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislature Building

Olympia, Washington 98504

 

Dear Lieutenant Governor Owen:

 

We respectfully transmit for your consideration the following bills which have been partially vetoed by the Governor, together with the official veto message setting forth his objection to the section or items of the bill, as required by Article III, section 12, of the Washington State Constitution:

 

Senate Bill No. 6128,

Engrossed Second Substitute Senate Bill No. 6552,

Engrossed Substitute Senate Bill No. 6265,

Engrossed Substitute Senate Bill No. 6002,

Engrossed Substitute Senate Bill No. 6001, and

Engrossed Substitute Senate Bill No. 6228.

 

IN TESTIMONY WHEREOF, I have signed and affixed the Seal of the state of Washington, this 11^th day of April, 2014.

Kim Wyman, Secretary of State

(Seal)

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SENATE BILL NO. 6128

April 2, 2014

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 1, Senate Bill No. 6128 entitled:

 

“AN ACT Relating to the delivery of medication and services by unlicensed school employees.”

 

This legislation provides important guidance for school districts with regards to school employees assisting with nursing services and delivery of medications.

 

Section 1 is an intent section that discusses various experiences of school nurses and other employees, and is not necessary to interpret or implement the substantive provisions of the bill.

 

For these reasons I have vetoed Section 1 of Senate Bill No. 6128.

 

With the exception of Section 1, Senate Bill No. 6128 is approved.

 

Respectfully submitted,

Jay Inslee, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO OF ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6552

 

April 3, 2014

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 207, Engrossed Second Substitute Senate Bill No. 6552 entitled:

 

AN ACT Relating to improving student success by modifying instructional hour and graduation requirements.”

 

Section 207 of the bill directs the Office of the Education Ombuds to convene a three-year task force on students with special needs to examine barriers to earning a diploma.

 

Later this week I will sign the 2014 supplemental budget, Engrossed Substitute Senate Bill No. 6002 which includes a similar directive for the Office of Education Ombuds. As that provision of the budget is implemented, it is important that my ombuds office work closely with the Office of the Superintendent of Public Instruction and stakeholders to improve education programs and support success for special education students—and all students. Section 207 creates unnecessary duplication.

 

For these reasons I have vetoed Section 207 of Engrossed Second Substitute Senate Bill No. 6552.

 

With the exception of Section 207, Engrossed Second Substitute Senate Bill No. 6552 is approved.

 

Respectfully submitted,

Jay Inslee, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6265

 

April 4, 2014

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 16 Engrossed Substitute Senate Bill No. 6265 entitled:

 

“AN ACT Relating to state and local agencies that obtain patient health care information.”

 

This bill is the result of a multi-year effort by stakeholders and legislators to consolidate and strengthen patient privacy protections and standards. It includes a Department of Health request bill for hospital data that are important for research and health improvement.

 

The measure establishes protocols for entities not covered by the Health Insurance Portability and Accountability Act – popularly known as HIPAA – if they inadvertently receive patient health information and prohibits them from disclosing the information.  Among a number of provisions, the measure provides exceptions to the right of a patient to receive an accounting of all disclosures of information and records related to mental health that are the same as the exceptions for general health care information.

 

However, I am vetoing Section 16 due to an error that would create an ambiguity in law concerning how third-party payors share health care data necessary to process claim payments. The intent of the legislature was clearly to apply the same exception process for third-party payors as is available under chapter 70.02 RCW for health care providers, but Section 16 inadvertently deletes “health care providers,” which is a critical cross-reference term to apply the exception. The ambiguity could be disruptive for many self-insured employers and their third-party payors.

 

I am grateful to Senator Frockt and Representative Cody for their outstanding work on this bill.

 

For these reasons I have vetoed Section 16 of Engrossed Substitute Senate Bill No. 6265.

 

With the exception of Section 16, Engrossed Substitute Senate Bill No. 6265 is approved.

 

Respectfully submitted,

Jay Inslee, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6001

 

April 4, 2014

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section s 201(5); 205(8); 206; 207(8); 208(13); 208(16); 213(7); 306(24); and 310(7)(a) and (b), page 66, line 29 through page 67, line 16, Engrossed Substitute Senate Bill No. 6001 entitled:

 

“AN ACT Relating to transportation funding and appropriations.”

 

Section 201(5), pages 5-6, Traffic Safety Commission, Funding for Target Zero Task Forces

 

This section would require the Traffic Safety Commission to continue to provide funding to counties for target zero task forces during the 2013-15 biennium based on levels that were in place on January 1, 2014. The Commission has conducted an extensive Lean-based review of the most effective strategies for implementing traffic safety programs locally. The proviso would affect the Commission’s ability to allocate funding to achieve the greatest effect on safety. For this reason, I have vetoed Section 201(5).

 

The Traffic Safety Commission will continue to conduct stakeholder meetings in the counties that could be affected by this approach.

 

Section 205(8), pages 13-14, Transportation Commission, Statewide Transportation Plan

 

The Legislature provided funding for the Transportation Commission to complete the statewide transportation plan and fulfill current federal planning requirements by June 30, 2015. New federal rules will go into effect in the spring of 2016 and will require, among other things, an integrated performance measurement system. It is prudent to wait until the new federal regulations are released before updating the plan. For this reason, I have vetoed Section 205(8).

 

Section 206, page 14, Freight Mobility Strategic Investment Board, Appropriation Reduction

 

The proposed appropriation level reduces the Freight Mobility Strategic Investment Board’s (Board) 2013-15 biennial budget by $25,000. This reduction results in an appropriation insufficient to sustain current operations. For this reason, I have vetoed Section 206.

 

During the remainder of the biennium, the Board will maintain a staffing level of two (2) FTE’s after the current director retires. The Board will submit staffing and resource allocations for the ensuring biennium with its biennial budget submittal.

 

Section 207(8), page 16, Washington State Patrol, Security for United States Open

 

This proviso directs the Washington State Patrol (WSP) to coordinate and support local law enforcement at the United States Open national golf championship in Pierce County in providing traffic control and “other activities” within its existing budget. WSP services for such a significant event are likely to require additional appropriations from the Legislature. For this reason, I have vetoed Section 207(8).

 

WSP will work with Pierce County to develop a plan with respective responsibilities and estimated costs for further consideration in the 2015 legislative session.

 

Section 208(13), page 20, Department of Licensing, Intermittent-Use Trailer License Plates (E2SHB 1902)

 

This proviso provides appropriation authority for the implementation of Engrossed Second Substitute House Bill 1902, intermittent-use trailer license plates. E2SHB 1902 did not pass, so this subsection is unnecessary. For this reason I have vetoed Section 208(13).

 

Section 208(16), page 20, Department of Licensing, Washington State Tree License Plates (EHB 2752)

 

The proviso provides appropriation authority for the implementation of Engrossed House Bill 2752 Washington state tree license plates. EHB 2752 did not pass, so this subsection is unnecessary. For this reason, I have vetoed Section 208(16).

 

Section 213(7), page 30, Department of Transportation, Fish Barrier Removals (2SHB 2251)

 

This proviso directs the Department of Transportation to maximize available resources for eliminating fish passage barriers if Second Substitute House Bill 2251 did not pass. Second Substitute House Bill 2251 was approved during the 2014 legislative session, so this subsection is moot. For this reason, I have vetoed Section 213(7).

 

Section 306(24), pages 57-58, Department of Transportation, Quarry Road Transfer

 

This proviso directs the Department of Transportation (Department) to accept the transfer to the state highway system of Quarry Road. This proviso is unnecessary because the Department has reached agreement with Snohomish Count to transfer Quarry Road to the state highway system. For this reason, I have vetoed Section 306(24).

 

Section 310(7)(a) and (b), page 66, line 29 through page 67, line 16, Department of Transportation, Rail cost-Benefit Methodology

 

This proviso directs the Department of Transportation (Department) to use a cost-benefit methodology tool developed in 2008 for rail projects, which is the existing standard for departmental operations in analyzing Freight Rail Investment Bank and Freight Rail Assistance Program Projects. Given this is current practice, there is no need to direct the Department to use this tool. For this reason, I have vetoed Section 310(7)(a) and (b), page 66, line 29 through page 67, line 16.

 

If for any reason a different approach is used, I am directing the Department to report to both the Office of Financial Management and legislative transportation committees about why it used an alternative approach.

 

For these reasons I have vetoed Section 201(5); 205(8); 206; 207(8); 208(13); 208(16); 213(7); 306(24); and 310(7)(a) and (b), page 66, line 29 through page 67, line 16 of Engrossed Substitute Senate Bill No. 6001.

 

With the exception of Sections 201(5); 205(8); 206; 207(8); 208(13); 208(16); 213(7); 306(24); and 310(7)(a) and (b), page 66, line 29 through page 67, line 16 Engrossed Substitute Senate Bill No. 6001 is approved.

 

Respectfully submitted,

Jay Inslee, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6002

 

April 4, 2014

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Sections 103(11); 106, lines 13-16 and lines 22-28; 116(5); 125(14); 126; 135(9); 138(3); 140(3); 146(10); 202(15); 205(1)(1); 219(30); 220(3)(e); 502(21); 505(12); 505(13); 705, page 257, lines 23-24; 805, page 267, lines 32-38, and page 268, line 1; 805, page 268, line 11-38, and page 269, lines 1-15; 805, page 270, lines 12-16; 917; and 919, Engrossed Substitute Senate Bill No. 6002 entitled:

 

“AN ACT Relating to fiscal matters.”

 

Section 103(11), page 7, Joint Legislative Audit and Review Committee, Study of Medicaid Dispensing Methods

 

This proviso directs the Joint Legislative Audit and Review Committee to conduct an analysis of the assumed budget savings as a result of the state’s change to dispensing a one-year supply of contraceptive drugs for Medicaid recipients under Section 213, Chapter 4, Laws of 2013, 2^nd Special Session. Individuals need convenient access to contraceptive drugs, as these drugs prevent unintended pregnancies and reduce Medicaid births. For this reason, I have vetoed Section 103(11).

 

The Health Care Authority will track savings resulting from dispensing a one-year supply of contraceptive drugs, and will report savings to the Office of Financial Management.

 

Section 106, page 8, lines 13-16 and lines 22-28, Office of the State Actuary, Actuarial Analysis of State Medicaid and PEB Programs

 

Funding is provided to the Office of the State Actuary to improve the Legislature’s access to independent and objective health care actuarial analysis for the state Medicaid and Public Employee Benefits programs. The funding provided includes federal funds that cannot be used for this purpose. For this reason, I have vetoed Section 106, page 8, lines 13-16 and lines 22-28.

 

However, I recognize the importance of legislative review and access to actuarial analyses. Therefore, I am directing the Health Care Authority to collaborate with the office of Financial Management, the Office of the State Actuary, and legislative staff on the establishment of health care rates. The Health Care Authority is further directed to include a requirement in actuarial services contracts that will require the vendor to provide information in response to questions from the Office of Financial Management, the Office of the State Actuary, and legislative staff.

 

Sections 116(5), page 17, Office of the Governor, Transfer of Special Education Ombuds

 

The appropriation in this section increases funding to the Governor’s Office of the Education Ombuds (OEO) for special education ombuds services currently provided by the Office of the Superintendent of Public Instruction (OSPI). Funding for the special education ombuds is removed from the OSPI budget in Section 505(12). OSPI is required to provide special education ombuds services to comply with federal law. Therefore, the transfer of funding for this function would result in a reduction in funding to OSPI without a corresponding reduction in responsibilities and workload. In addition, this section requires OSPI to enter into an interagency agreement with OEO to provide support for additional special education ombuds services using federal funds. OEO services are not an allowable use of federal funds. For these reasons, I have vetoed Section 116(5).

 

Section 125(14), page 27, Office of the Attorney General, Medical and Recreational Marijuana (E3SSB 5887)

 

This proviso provides appropriation authority for the implementation of Engrossed Third Substitute Senate Bill 5887, medical and recreational marijuana. E3SSB 5887 did not pass, so this subsection is unnecessary. For this reason, I have vetoed Section 125(14).

 

Section 126, page 27, Caseload Forecast Council, Self-Insurance Premiums

 

This section reduces appropriations to the Caseload Forecast Council (CFC). Statewide adjustments for self-insurance premiums submitted to the Office of Financial Management (OFM) mistakenly included a $78,000 reduction for CFC. These premiums were already adjusted in the 2012 supplemental budget. As CFC is a small agency, the reduction is too large for the agency to absorb. For this reason, I have vetoed Section 126.

 

I am directing OFM to work with CFC to adjust allotments to levels consistent with the supplemental budget excluding the self-insurance premium reduction.

 

Section 135(9), page 44, Department of Revenue, Study of State Revenue Impact

 

This proviso directs the Department of Revenue (DOR) to consult with counties affected by the United States Open golf championship to estimate the additional state sales tax revenue attributable to the event. Large events around the state generate sales tax revenues for the state and local governments. This proviso establishes an unwise precedent of attempting to identify only state sales tax revenue attributable to a particular event. Further, no additional appropriation was provided to complete the study. As DOR must absorb more than $267,000 of implementation cost for various revenue-related measures passed by the 2014 Legislature, the agency cannot be expected to absorb additional costs for this study. For these reasons, I have vetoed Section 135(9).

 

Section 138(3), page 46, Office of the Insurance Commissioner, Insurance Company Solvency (SHB2461)

 

The proviso provides appropriation authority for the implementation of Substitute House Bill 2461, insurance company solvency. SHB 2461 did not pass, so this subsection is unnecessary. For this reason, I have vetoed Section 138(3).

 

Section 140(3), page 47, Liquor control Board, Medical and Recreational Marijuana (E3SSB 5887)

 

This proviso provides appropriation authority for implementation of Engrossed Third Substitute Senate Bill 5887, medical and recreational marijuana. E3SSB 5887 did not pass, so this subsection is unnecessary. For this reason, I have vetoed Section 140(3).

 

Section 146(10), page 53, Department of Enterprise Services, Small Agency Services and Printer Rates

 

This proviso directs the Department of Enterprise Services (DES) to revise central services rates charged to state agencies to reflect a transfer of Small Agency Client Services to the Office of Financial Management (OFM), the elimination of funding for Small Agency Human Resource Services, and establishment of the Print and Imaging program rates at levels sufficient to fully recover costs. I understand the legislative intent was not to eliminate services for small agencies, but to provide such services with a smaller budget. I am concerned about the unnecessary disruption of services for small agencies as a result of this proviso. For this reason I have vetoed Section 146(10).

 

However, to fully and responsibly capture the assumed budget savings for small agency services and accomplish the policy goal of setting printer rates at levels sufficient to recover all costs, I am directing DES and OFM to take the following actions.

 

·        DES will provide both finance and human resource services to current small agency customers within the $1.845 million provided to OFM in the operating budget. DES may not use any other fund sources or projected fund balances from any of its operating accounts to provide small agency services. To maximize the use of limited resources, DES and OFM shall convene a meeting of small agency customers to receive their input on the structure, service offerings, and rates for small agency services in light of the reduced budget.

·        DES shall immediately set its rates for the Print and Imaging program to full recover costs for the services provided to prevent any operating loss for the current and future fiscal years. By June 1, 2014, DES must submit to OFM a comparative rate sheet showing rates for the program as of April 1, 2014, and the new rates along with a long-term financial plan for the Print and Imaging program.

 

Section 202(15), page 63, Department of Social and Health Services, Children’s Long-Term Inpatient Program Placement Waitlist

 

This proviso provides appropriation authority for a rate add-on paid to residential facilities providing behavioral rehabilitation services (BRS) to youth who have been assessed as needing mental health services through the children’s long-term impatient program (CLIP). I am concerned that a rate add-on for this population will create an incentive to send youth served by BRS to CLIP, thereby driving up costs in CLIP and placing foster youth in unnecessarily restricted settings. For this reason, I have vetoed Section 202(15).

 

However, I recognize the need to review the level of funding provided to BRS agencies serving youth with psychological and psychiatric needs. Therefore, I am directing the Children’s Administration and the Behavioral Health and Integrated Services Administration to work with BRS providers over the interim to examine this issue and determine viable solutions.

 

Section 205(1)(1), pages 82-83, Department of Social and Health Services, Report from Developmental Disabilities Administration

 

This proviso directs the Department of Social and Health Services to meet with stakeholders and report to the Legislature by January 1, 2015, on fourteen key areas related to developmental disabilities. No funding was provided to the department for this work. For this reason, I have vetoed Section 205(1)(1).

 

The Developmental Disabilities Administration will be working with stakeholders in the development of the Individual and Family Services waiver and the Community;First Choice Medicaid state plan revision. Therefore, many of the areas identified in the proviso will be discussed and addressed.

 

Section 219(30), page 139, Department of Health, Medical and Recreational Marijuana (E3SSB 5887)

 

This proviso provides appropriation authority for the implementation of Engrossed Third Substitute Senate Bill 5887, medical and recreational marijuana. E3SSB 5887 did not pass, so this subsection is unnecessary. For this reason, I have vetoed Section 219(30).

 

Section 220(3) (e) page 149, Department of Corrections, Expanding Categories of Offenses Eligible for Community Parenting Alternative Program Within Department of Corrections (SB 6327)

 

This proviso provides appropriation authority for the implementation of Senate Bill 6327, expanding the categories of offenses eligible for the community parenting alternative program within the Department of Corrections, SB 6327 did not pass, so this subsection is unnecessary. For this reason, I have vetoed Section 220(3)(e).

 

Section 502(21), page 205, Office of the Superintendent of Public Instruction, Federal Forest Revenue (E2SHB 2207)

 

This proviso provides appropriation authority for the purpose of Engrossed Second Substitute House Bill 2207, federal forest revenue. E2SHB 2207 partially eliminates the current state offset to state general apportionment funds for federal timber revenues paid to school districts. The calculation for the timber revenue offset includes federal funding allocated to school districts through the federal Secure and Rural Schools and Community Self-Determination Act (SRSA). Federal authority to make SRSA payments expires at the end of federal fiscal year 2014.

 

Because the original 2013-15 state operating budget assumes no federal SRSA payments after September 30, 2014, underlying general apportionment appropriations are sufficient to fully fund apportionment payments to school districts without any offset for potential SRSA timber revenues to districts. Therefore, if the federal government reauthorizes SRSA beyond September 30, 2014, eligible school districts will receive the benefits of increase combined state and local funding under E2SHB 2207, and state general apportionment appropriations in this budget bill will be more than sufficient to fully fund state general apportionment without the appropriation provided in this subsection. The appropriation in this subsection is redundant. For this reason, I have vetoed Section 502(21).

 

Section 505(12) and Section 505(13), page 211, Office of the Superintendent of Public Instruction, Special Education Ombuds Services

 

Section 505(12) reduces appropriations for special education ombuds services at the Office of the Superintendent of Public Instruction (OSPI). Section 116(5) provides an increased appropriation to the Governor’s Office of the Education Ombuds (OEO) for these services. OSPI is required to provide the special education ombuds services to comply with federal law. Therefore, the transfer of funding for this function would result in a reduction in funding to OSPI without a corresponding reduction to responsibilities and workload. Section 505(13) requires OSPI to enter into an interagency agreement with OEO to provide support for additional special education ombuds services using federal funds. OEO services are not an allowable use of federal funds. For these reasons, I have vetoed Sections 505(12) and (13).

 

Section 705, page 257, lines 23-24, Disaster Response Account

 

This line item reduces General Fund-State appropriations into the Disaster Response Account by $1.5 million in fiscal year 2015 based on a projected excess fund balance. Earlier this year, it appeared the account would not need these funds. However, the tragic mudslide that occurred in Oso on March 22, 2014, will greatly strain these resources. The Military Department has activated the State Emergency Operation Center, and other state agencies are engaged in rescue and recovery efforts. For these reasons, I have vetoed Section 705, page 257, lines 23-24.

 

Section 805, page 267, lines 32-38, and page 268, line 1; Section 805, page 268, lines 11-38 and page 269, lines 1-15; Office of the State Treasurer, Revenue Transfers to Life Sciences Discovery Fund

 

These sections together transfer a total of $20 million from the Tobacco Settlement Account and the Life Sciences Discovery Fund to the Education legacy Trust Account. As a result of these transfers, funding for the Life Sciences Discovery Fund Authority (LSDFA) is effectively ended for the remainder of the 2013-15 biennium. The LSDFA has helped make Washington a global innovation leader in life sciences research. Returning this funding to the LSDFA will allow for the issuance of more than $15 million of new grants in the 2013-15 biennium on top of the nearly $92 million in grants already made, continue support for the Global Health Technologies and Products program, and cover necessary administrative costs. For this reason, I have vetoed Section 805, page 267, lines 32-38, and page 268, line 1; Section 805, page 268, lines 11-38 and page 269, lines 1-15.

 

I am aware that this veto reduces revenue to the Education Legacy Trust Account. However, this veto will not affect any education spending as there are sufficient resources in the budget to cover any projected shortfalls in the Education Legacy Trust Account in the 2015 supplemental budget.

 

I am not vetoing the legislative intent language for transfer of the strategic tobacco contribution payments in 2015-17 as it has no impact on returning $20 million to the LSDFA in 2013-15. The actual use of the 2015-17 strategic tobacco contributions payments will made in the 2015 legislative session. We look forward to working with the Legislature to continue some level of funding for the LSDFA into the future so we do not lose the value of this important and innovative research.

 

Section 805, page 270, lines 12-16, Office of the State Treasurer, Energy Freedom Account

 

Section 805 increases the transfer from the Energy Freedom Account to the state General Fund by $500,000 in fiscal year 2014 and by $500,000 in fiscal year 2015. The enacted biennial budget transfers $1 million from the Energy Freedom Account to the General Fund in each fiscal year. I am concerned about the uncertainty of when revenues will be deposited into the Energy Freedom Account Current deposits are lower than anticipated. Vetoing the additional $1 million transfer in this section will ensure the account’s ending fund balance remains positive. For this reason, I have vetoed Section 805, page 270, lines 12-16.

 

Section 917, page 281, Transfer of Strategic Contribution Payments

 

This section authorizes the transfer of strategic contribution payments from the Tobacco Settlement Account to the Education Legacy Trust Account. As I have vetoed the transfers to the Education Legacy Trust Account in Section 805, the authority provided in this section is unnecessary. For this reason, I have vetoed Section 917.

 

Section 919, page 282, Account Transfers from Life Sciences Discovery Fund

 

This section authorizes the transfer of balances in the Life Sciences Discovery Fund to other state funds or accounts in the 2013-15 biennium. Because I have vetoed the transfers to the Education Legacy Trust Account in Section 805, the authority provided in this section is unnecessary. For this reason, I have vetoed Section 919.

 

I am not vetoing Section 123(2), which appropriates $300,000 from the State Auditing Services Revolving Account for a contract with a private firm to conduct an audit of the use of the state’s higher education accounts. However, I am concerned that the short time frame and lack of sufficient funding for such a comprehensive audit may act as a disincentive for firms to bid on the contract, thereby limiting the information the audit can provide for policy makers and budget writers. Unfortunately, a veto would eliminate the funding entirely and no audit would occur. I have therefore asked the State Auditor to use this limited funding and time frame to focus on the state’s largest public four-year institution and conduct a focused audit that meets the requirements of the proviso.

 

For these reasons I have vetoed Sections 103(11); 106, lines 13-16 and lines 22-28; 116(5); 125(14); 126; 135(9); 138(3); 140(3); 146(10); 202(15); 205(1)(1); 219(30); 220(3)(e); 502(21); 505(12); 505(13); 705, page 257, lines 23-24; 805, page 267, lines 32-38, and page 268,line 1; 805, page 268, lines 11-38, and page 269, lines 1-15; 805, page 270, lines 12-16; 917; and 919, of Engrossed Substitute Senate Bill No. 6002.

 

With the exception of Sections 103(11); 106, lines 13-16 and lines 22-28; 116(5); 125(14); 126; 135(9); 138(3); 140(3); 146(10); 202(15); 205(1)(1); 219(30); 220(3)(e); 502(21); 505(12); 505(13); 705, page 257, lines 23-24; 805, page 267, lines 32-38, and page 268,line 1; 805, page 268, lines 11-38, and page 269, lines 1-15; 805, page 270, lines 12-16; 917; and 919, Engrossed Substitute Senate Bill No. 6002 is approved.

 

Respectfully submitted,

Jay Inslee, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6228

 

April 4, 2014

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 2, Engrossed Substitute Senate Bill No. 6228 entitled:

 

“AN ACT Relating to transparency tools for consumer information on health care cost and quality.”

 

This bill requires that by 2016 health insurance carriers offer their members a host of good on-line tools with certain health care price and quality information. It complements my requested innovative health care purchasing bill, HB 2572. Together, I hope these bills help to transform the marketplace to make health care more affordable for Washingtonians.

 

Section 2 is an amendment to the original bill that includes nearly identical language as a section in HB 2572. This creates an unnecessary duplication in the law. In addition, the section in HB 2572 includes language that corresponds to the other health care purchasing innovations, so it is preferable to keep that language.

 

For these reasons I have vetoed Section 2 of Engrossed Substitute Senate Bill No. 6228.

 

With the exception of Section 2, Engrossed Substitute Senate Bill No. 6228 is approved.

 

Respectfully submitted,

Jay Inslee, Governor

 

MESSAGE FROM THE GOVERNOR

VETO ON ENGROSSED SENATE BILL NO. 6458

 

April 2, 2014

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval, Engrossed Senate Bill No. 6458 entitled:

 

“AN ACT Relating to the office of the insurance commissioner and matters related to health care insurance.”

 

This bill requires the Insurance Commissioner to provide notice of proposed rulemaking on matters related to health care insurance to the health care committees of the Legislature and other interested parties. The bill also requires that in the event a “dispute” arises between the entities implementing the Affordable Care Act (ACA), the Governor convenes a meeting and report the results of the meeting to the legislature.

 

This bill, although helpful in getting the various parties in charge of implementing the Affordable Care Act (ACA) in Washington to better communicate with the legislature and each other, and to think of and come to solution oriented processes, it is ultimately unnecessary and unclear.

 

It is unnecessary because: (i) the Office of the Insurance Commissioner (OIC) already provides similar notice under the Administrative Procedure Act; and (ii) if disputes arise among the agencies implementing the ACA, my staff already use standing leadership team meetings that all the parties regularly attend to resolve issues. It is unclear because both provisions are included under the same subsection of the bill and the term “dispute” is undefined, making it ambiguous about whether it applies to only rulemaking or to any “dispute” related to implementation of the ACA.

 

However, in lieu of the bill, I am pleased the Insurance Commissioner has confirmed that it will communicate any rulemaking any interested party and it will work with the legislative chairs on an appropriate process.

 

I also find that a dispute resolution process would be helpful, so that is why I have asked the parties to agree to a Memorandum of Understanding (MOU) that details a clearer and more robust dispute resolution process than this bill requires, and a process that is more flexible and amendable for the future as might be necessary. The MOU details that disputes should first be resolved by the respective agency. If unresolved, the governor’s office will develop a dispute resolution pathway that fits the particular issue or use the standing executive leadership team meeting to resolve the issue. If the issues remains unresolved, my staff will raise the issue with me and inform the legislative Joint Select Committee on Health Care Oversight. I am pleased that the various agencies have all agreed to the terms of the MOU.

 

I am also pleased to say that once again, Washington has demonstrated leadership in implementing the Affordable Care Act in a bi-partisan manner.

 

For these reasons I have vetoed Engrossed Senate Bill No. 6458 in its entirety.

 

Respectfully submitted,

Jay Inslee, Governor

 

MESSAGE FROM THE GOVERNOR

VETO ON ENGROSSED SENATE BILL NO. 5048

 

April 4, 2014

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval, Engrossed Senate Bill No. 5048 entitled:

 

“AN ACT Relating to notice against trespass.”

 

This bill would make it easier for landowners to note the boundaries of their property for purposes of putting people on notice that they are trespassing onto private property. This includes using fluorescent orange paint marks on trees or posts on the property.

 

For this to be effective, the public needs a transition period to understand that a painted line on a tree means ‘no trespassing.’ Otherwise, we’re undermining the purpose of the bill. The bill is also unclear whether signs are required on land adjacent to access roads or just when an access road crosses onto private property.

 

Therefore, I am vetoing ESB 5048. I encourage the sponsors to consider a transition period for a subsequent bill to build public awareness of this change and clarify for landowners where signs are required in relation to access roads.

 

For these reasons I have vetoed Engrossed Senate Bill No. 5048 in its entirety.

 

Respectfully submitted,

Jay Inslee, Governor

 

MESSAGE FROM THE GOVERNOR

 

January 21, 2014

 

To the Honorable, the Senate

Of the State of Washington

 

Ladies and Gentlemen:

 

In compliance with the provisions of Article III, Section 11, of the Constitution of the state of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 2013 Regular and Special Sessions of the 63^rd Legislature, copies of which are attached.

 

Sincerely,

Nicholas W. Brown

General Counsel

 

Cc: Joby Shimomura, Chief of Staff

 

AMENDED CONDITIONAL COMMUTATION

OF

ALKAREEM JABBAR SHADEED

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Alkareem Jabbar Shadeed, aka Jerry Dwayne Johnson, was convicted on November 10, 1994, of Attempted Robbery in the Second Degree, Attempting to Elude a Pursuing Police Vehicle and Taking, and Riding a Motor Vehicle Without Permission in King County Superior Court Cause Number 94-1-01095-2 and sentenced to serve Life without the Possibility of Parole under Washington’s persistent offender law, otherwise known as the “Three Strikes” law.

 

WHEREAS, according to the court record, the crime leading to Mr. Shadeed’s third strike occurred on February 9, 1994. At the age of 24, Mr. Shadeed attempted to rob Craig MacGowan of his wallet. Mr. Shadeed approached Mr. MacGowan from behind and grabbed him. Mr. McGowan managed to drag Mr. Shadeed into the street. Mr. Shadeed was then startled by a car driving by. He let Mr. MacGowan go and ran to a parked vehicle he had taken without permission earlier in the day and drove away. When spotted later by Seattle Police, Mr. Shadeed attempted to elude capture on foot but was later apprehended. Mr. Shadeed was on probation at the time of the offense. He was convicted and sentenced in November 1994 by King county Superior Court Judge Richard Ishikawa.

 

WHEREAS, Mr. Shadeed’s second strike was earned when he was convicted of Robbery in the Second Degree for the robbery of Jaime Guox on March 28, 1991. Mr. Shadeed approached Mr. Guox while Mr. Guox was waiting for a bus in downtown Los Angeles, California. Mr. Shadeed told Mr. Guox he didn’t like him being at this bus stop. He then pinned Mr. Guox up against a wall by putting a forearm into Mr. Guox’s neck and held a metal pipe against Mr. Guox, threatening him with it. Mr. Shadeed then demanded money and checked Mr. Guox’s pockets while holding the pipe over his head as if he was going to strike Mr. Guox with it. Mr. Shadeed took $2 from Mr. Guox. Mr. Shadeed was sentenced to five years in prison and served time until the fall of 1993, when he was released from custody and traveled to Seattle.

 

WHEREAS, Mr. Shadeed’s was convicted of his first strike offense in June of 1989 in San Joaquin County, California, of one count of Robbery in the Second Degree for the robbery of William Lynch on April 17, 1989. Mr. Lynch was standing outside of a movie theatre in Stockton, California when Mr. Shadeed got out of a van, approached Mr. Lynch and told him to give him his money. Mr. Shadeed had his hand in his pocket and told Mr. Lynch he had a gun. Mr. Lynch gave Mr. Shadeed his money because he feared for his life. A witness was able to get the license plate of the van, which led police to Mr. Shadeed.

 

WHEREAS, Mr. Shadeed was also initially charged with robbing Carla Belloumini on April 16, 1989, the day before he robbed Mr. Lynch. He approached her in a Payless parking lot, demanded her purse, and then took the purse by force when she would not hand it over. He then got into the same van and left the area. Based on the court records, it appears that this charge was dropped as part of a plea bargain on the Lynch robbery.

 

WHEREAS, Mr. Shadeed was also convicted of Receiving Stolen Property for possessing a stolen van at the time of his arrest for the robberies of Mr. Lynch and Ms. Belloumini. He had stolen William Huddler’s van the day before he robbed Ms. Belloumini. He was sentenced to four years in prison for these offenses. He was also sentenced on a charge of Furnishing a Substance in Lieu of Cocaine, a charge for which he was out on bail at the time he committed the robberies. Shortly after sentencing, Mr. Shadeed was found to be addicted to crack cocaine and was sent to the California Rehabilitation Center. He spent less than a year of his four-year prison term at the Rehabilitation Center. He was released in June of 1990.

 

WHEREAS, Mr. Shadeed submitted a petition to the Washington State Clemency and Pardons Board in 2009, requesting that his Life Sentence without Possibility of Parole on Cause No. 94-1-01095-2 be commuted by Governor Christine Gregoire.

 

WHEREAS, at the time of his conviction, the standard range for Mr. Shaheed’s offense was 33 to 43 months. The maximum sentence for Second Degree Robbery in Washington State without the three strikes law, is 120 months.

 

WHEREAS, Mr. Shadeed unequivocally accepted responsibility and expressed remorse for all of his past crimes and deeply apologized for his actions to his victims, his family, and the state of Washington at his June 2009 Clemency and Pardons Board hearing.

 

WHEREAS, prior to that hearing, King County Prosecutor Daniel Satterberg reviewed Mr. Shadeed’s clemency request in the context of other early Three Strikes cases prosecuted by the King County Prosecutor’s Office in 1994 and 1995, shortly after voters approved the Three Strikes law with Initiative 593. In the course of that review, Mr. Satterberg observed that the King County Prosecutor’s Office charged and prosecuted the lowest ranking strike-eligible offenses differently than they do today.

 

WHEREAS, Mr. Shadeed showed considerable rehabilitation during his period of incarceration. Even though Mr. Shadeed had no reason to believe he would ever be released from prison, Mr. Shadeed pursued the educational and programming opportunities made available to him. He completed basic vocational education classes, obtained his GED in 1995, and took vocational courses in microcomputer skills in 1998, barbering in 1999, office technology in 1999, and food service in 1999. He also took classes in creative writing and business and volunteered with Seattle University Criminal Justice Professor Jacqueline Helfgott on victim-offender issues. Finally, he participated and was a leader in the Concerned Lifers organization and the Black Prisoners Caucus.

 

WHEREAS, following Mr. Shadeed’s Clemency and pardons Board hearing on June 11, 2009, the Board issued a unanimous recommendation in support of a commutation of Mr. Shadeed’s Life without the Possibility of Parole sentence.

 

WHEREAS, on September 9, 2011, Governor Gregoire granted Mr. Shadeed a Conditional Commutation on the remainder of his sentence, subject to his successful completion of a term of Community Custody for 24 months and compliance with specific conditions during that period of supervision. He was released from prison on June 20, 2011. At the time of his release, Mr. Shadeed had served almost 17 years in prison as a result of his third strike conviction.

 

WHEREAS, after over 17 months of successful community supervision, Mr. Shadeed was located at the residence of a known drug user on March 19, 2013, and arrested by officers with the Department of Corrections. Immediately following his arrest, Mr. Shadeed was given a drug test and tested negative for all controlled substances. The Department of Corrections then alleged that Mr. Shadeed committed three violation of his Conditional Commutation, including: 1) having contact with a known drug user; 2) possession of cocaine residue; 3) failing to abide by a travel permit by being at an unapproved residence.

 

WHEREAS, a Community Custody Hearing was held on April 3, 2013, at the Washington Corrections Center. Hearing Officer Paul Ockerman determined, by the preponderance of the evidence, that Mr. Shadeed was guilty of committing the above violations, and sentenced him to 30 days of confinement.

 

WHEREAS, having reviewed the Community Custody Hearing Report, the Hearing and Decision Summary report, the Department of Corrections Report of Alleged Violation, and all of the supporting documents therein, I have determined that Mr. Shadeed has violated the Conditional Commutation granted by Governor Gregoire in September 2011.

 

WHEREAS, Mr. Shadeed had positive compliance with the conditions of his supervision prior to these violations. Between his release in September 2011 and his arrest in March 2013, Mr. Shadeed did not commit any violations, with the exception of a driving citation. He was in full compliance with his required reporting instructions. He has demonstrated involvement with his family and his church. He has been actively seeking and improving his education and gained employment.

 

WHEREAS, since his release from prison, Mr. Shadeed has lived in Moses Lake, Washington, and his wife, children, and grandchildren. He has worked steadily in demanding, low-paying jobs in order to provide for his family. Mr. Shadeed has also completed a substance abuse assessment and the recommended course of treatment. He has been subject to random and frequent drug and alcohol testing as a condition of his Conditional Commutation and has not tested positive for any controlled substances since the day of his release.

 

WHEREAS, King County Prosecutor Daniel Satterberg has reviewed the facts and circumstances of Mr. Shadeed’s recent violations and supports his release back into the community, subject to the conditions below.

 

WHEREAS, Section 5 of Initiative 593 indicated that “{n}othing in this act shall ever be interpreted or construed as to reduce or eliminate the power of the governor to grant a pardon or clemency to any offender on an individual case-by-case basis.”

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of Mr. Shadeed’s previous crimes and the nature of his recent violations, comments favoring release of Mr. Shadeed and the favorable recommendations of the King County Prosecutor’s Office and the Department of Corrections, and have directed the Department of Corrections to develop an effective release plan for Mr. Shadeed prior to his release in the community, and in light of the foregoing, I have determined that the best interest of justice will be served by this action.

 

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington under Article III Section 9 of the Washington State Constitution, RCW 9.94A.885 and RCW 9.95.260, hereby grant to Al-Kareem J. Shadeed an Amended Conditional Commutation subject to him indicating in writing that he will complete a term of Community Custody of 18 months from the date of his release, ending no later than December 31, 2014, and compliance with the following conditions during the term of his Community Custody, all of which will commence no later than July 8, 2013:

 

Mr. Shadeed shall:

 

1.      Report regularly to a community corrections officer as directed by the Department of Corrections;

2.      Pay a monthly supervision fee as directed by the community corrections officer;

3.      Participate in Department of Corrections approved education, employment, and/or community service;

4.      Receive prior approval from the Department of Corrections for living arrangements and residence location;

5.      Allow community corrections officers to conduct such home visits as the community corrections officers deem appropriate;

6.      Notify the Department of Corrections prior to any changes of address or employment;

7.      Participate in electronic home monitoring for the duration of his period of supervision, as directed by the community corrections officer;

8.      Remain in the geographic area as directed by the community corrections officer;

9.      Have no direct contact with any of his victims or their families, unless requested by the victim and approved by his community corrections officer;

10.    Not possess, receive, ship, or transport a firearm, ammunition, or explosives;

11.    Not use, possess, or consume alcohol;

12.    Not possess or use any controlled substances without a prescription;

13.    Not associate with any drug users or dealers;

14.    Submit to regular and random urinalysis and breathalyzer testing, as directed by the community corrections officer;

15.    Participate in substance abuse and/or chemical dependency evaluation as directed by the community corrections officer and complete any recommendations from such evaluation;

16.    Participate in chemical dependency and substance abuse support groups as directed by the community corrections officer;

17.    Participate in any mental health evaluation as recommended by the community corrections officer and complete any recommendations from such evaluation;

18.    Participate in a Cognitive Behavioral Intervention program or similar program as directed by the community corrections officer;

19.    Participate in the Youth At Risk or other similar community service program, as directed by the community corrections officer; and

20.    Comply with all standard conditions, recommendations, and instructions, of community placement as directed by the community corrections officer.

 

PROVIDED that Mr. Shadeed shall remain under the supervision of the Department of Corrections and explicitly follow the conditions established by that agency during the term of his Community Custody. Violation of any of the above condition shall result in sanctions as deemed appropriate by the Department of Corrections and may result in the termination of this Amended Conditional Commutation as provided below. If Mr. Shadeed is taken into custody following any alleged violation, the Department shall hold a Community Custody Hearing. The Department may also require Mr. Shadeed to perform affirmative acts deemed appropriate to monitor compliance with the conditions and may issue warrants or detain Mr. Shadeed if he violates a condition.

 

ADDITIONALLY PROVIDED that in the event Mr. Shadeed violates the conditions of this Amended Conditional Commutation, as determined by the Governor, this Amended Conditional Commutation may be revoked and the sentence of the court reinstated, whereupon Mr. Shadeed will be immediately returned to the Washington Corrections Center or any such facility as the Secretary of the Department of Corrections deems appropriate. If any such violation occurs, the Department of Corrections shall provide a written report to the Governor regarding the violation. A written notice of the Governor’s intent to review the alleged violations and revoke or amend the Amended Conditional Commutation will then be mailed to the most recent address Mr. Shadeed has provided to the Office of the Governor or, if Mr. Shadeed is in custody, to his place of detention. If within 14 calendar days of the mailing of the notice, Mr. Shadeed submits a sworn statement made under penalty of perjury that he has in fact complied with all conditions of this Amended Conditional Commutation, the Governor shall appoint a hearing officer. The hearing officer will provide Mr. Shadeed an opportunity to be heard and to present witnesses and documentary evidence that he has met all conditions upon which the Amended Conditional Commutation is granted. The hearing officer shall present findings of fact and a transcript of the hearing to the Governor for the Governor’s final and conclusive determination on whether Mr. Shadeed has violated the conditions of this Amended Conditional Commutation.

 

ADDITONALLY PROVIDED that in the event Mr. Shadeed is convicted anywhere at any time of any offense the elements of which would classify the crime as a gross misdemeanor or felony in the state of Washington, this Amended Conditional Commutation shall be revoked and the sentence of the court reinstated, whereupon Mr. Shadeed will be immediately returned to the Washington Corrections Center or any such facility that the Secretary of the Department of Corrections deemed appropriate.

 

ADDITIONALLY PROVIDED that Mr. Shadeed may be detained pending judicial disposition of any new criminal charge or a final determination of whether a condition of the Amended Conditional Commutation has been violated, if the Governor determines there are reasonable grounds to believe he has violated the above conditions of this Amended Conditional Commutation, reason to be concerned that he would pose a risk to any person or to the community, or that there is a possibility that Mr. Shadeed may abscond if not detained. If detained, Mr. Shadeed will be provide a preliminary hearing, as promptly as convenient after arrest, to determine whether there are reasonable grounds to believe he has violated the above conditions.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 28^th day of May A. D., two thousand and thirteen.

 

Jay Inslee,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

Kim Wyman

Secretary of State

 

AMENDED CONDITIONAL COMMUTAION

OF

MARY ANN LONDON

 

To All to Whom These Presents Shall Come Greetings:

 

WHERAS, Mary Ann London was convicted on February 6, 1995 of Burglary in the First Degree and Robbery in the Second Degree under King County Superior Court Cause Number 94-1-05915-3 and sentenced to serve Life without the Possibility of Parole under Washington’s persistent offender law, the so-called “Three Strikes” law.

 

WHEREAS, the crime leading to Ms. London’s final strike occurred on June 8, 1994. At the age of 35, Ms. London attacked and robbed an acquaintance, 29 year-old Jeff Mattson, of six dollars and two radios. Mr. Mattson was an individual with cerebral palsy. Ms. London threatened that if he said anything, she would kill him. After she left, Mr. Mattson rode his bicycle to his grandmother’s house where the police were called. Police searched Mr. Mattson’s apartment and found that the telephone line was cut. Ms. London’s conviction for this offense resulted in a life sentence.

 

WHEREAS, Ms. London’s second strike arose from a crime committed on July 31, 1991. Ms. London assaulted and threatened her neighbor, and individual with cerebral palsy. Ms. London forced her way into the apartment of Cindy Hodges, hit her in the face, and took money from her. After Ms. London left, the police arrived and took a statement from Ms. Hodges. Ms. London later returned with a male companion and repeated the crime before she was caught. Ms. London was found guilty of Robbery in the Second Degree and served 15 months in prison.

 

WHEREAS, the crime that led to Ms. London’s first strike conviction occurred on March 1, 1988. Ms. London was convicted of Robbery in the Second Degree for assaulting and stealing from 80 year-old Leslie Guerrero. Ms. London was acquainted with Ms. Guerrero. Ms. London showed up one night at Ms. Guerrero’s apartment door, asking to come in. Ms. Guerrero let Ms. London inside. Once inside, Ms. London asked for money. When Ms. Guerrero refused, Ms. London shoved Ms. Guerrero down onto the bed and took her purse. Ms. London served a 12-month sentence for the crime.

 

WHEREAS, Ms. London showed considerable rehabilitation during her period of incarceration, took responsibility for her actions, and was truly remorseful. Ms. London sought to improve herself through a variety of programs available to her in prison, although many programs were unavailable to her. She completed stress and anger management classes. She participated in church conferences through the “Women of Faith” program. Ms. London worked in the prison as a janitor for a number of years, took pride in her work, and received high marks from her supervisors. Ms. London expressed regret for the harm inflicted on her victims and said she is deeply sorry for her actions.

 

WHEREAS, King County Prosecutor Daniel Satterberg, King County Superior Court Judge George Finkle (Retired), and Clinical Associate Professor Karil S. Klingbeil, University of Washington, strongly recommended clemency and the release of Ms. London from prison.

 

WHEREAS, Mr. Satterberg indicated that now the King County Prosecutor’s Office charges and prosecutes strike-eligible offenses differently than it did in 1994 and 1995, shortly after voters approved Initiative 593. Today, to avoid a disproportionate life sentence, the King County Prosecutor’s Office would charge Theft in the First Degree and a lesser assault charge instead of Robbery in the Second Degree, and would seek an agreed sentence of 10 years. Mr. Satterberg indicated that while the crimes Ms. London committed are worthy of serious punishment, the sentence that has been served has accomplished this goal. His office attempted to contact the victim of Ms. London’s third strike offense so the victim could share his view on the matter of clemency, but no response was received.

 

WHEREAS, Mr. Satterberg wrote to the Clemency and Pardons Board that Ms. London has come to recognize and address the factors that contributed to her criminal behavior—sexual abuse as a child, domestic abuse as an adult, and severe addiction to drugs. He observed that she sought to improve herself through programs available in prison and that during her incarceration she displayed none of the anger and violence that led to her life sentence.

 

WHEREAS, Judge Finkle, who sentenced Ms. London to Life without the Possibility of Parole as required by law, met with Ms. London in 2009. Judge Finkle stated he believed Ms. London had served the substantial prison term that she deserved, that she had made remarkable changes in her attitude, behavior, and that she is well-motivated to succeed under release.

 

WHEREAS, Professor Klingbeil testified that Ms. London suffered cruelty and abuse much of her life that contributed to her behavior, that Ms. London has great remorse for the problems she has caused, and that she is now a changed person who is kind and clear-thinking, with new problem-solving skills that will make her successful in the community.

 

WHEREAS, Ms. London appeared to have used her 16 years in prison to rehabilitate herself, overcome her substance abuse, develop vocational skills, take pride in her work, change her behavior, build a relationship with her adult daughter, and become a responsible and rehabilitated person who can make a positive impact on her community.

 

WHEREAS, Ms. London continues to have the support of her church, which offered to assist her, and has the support of people in the community who have offered their support.

 

WHEREAS, following Ms. London’s Clemency and Pardons Board hearing, the Board issued a unanimous recommendation in support of a commutation of Ms. London’s Life without the Possibility of Parole sentence.

 

WHEREAS, on June 27, 2011, Governor Christine Gregoire granted Ms. London a Conditional Commutation on the remainder of her sentence, subject to her successful completion of a term of Community Custody for 24 months and compliance with specific conditions during that period of supervision. She was released from prison on July 14, 2011. At the time of her release, Ms. London had served 16 years in prison as a result of her third strike conviction.

 

WHEREAS, after 19 months of successful community supervision, Ms. London admitted to a relationship with a known drug user/seller. Three months later she was arrested for continued contact with the same individual. During a search after her arrest, a community corrections officer located a pill bottle in her purse. Prior to arrest, Ms. London had submitted to a drug test and tested negative for all controlled substances. The Department of Corrections then alleged that Ms. London committed two violations of her Conditional Commutation: 1) having contact with a known drug user; and 2) failing to comply with instructions of a community corrections officer.

 

WHEREAS, a Community Custody Hearing was held on June 19, 2013. Hearing Officer Jolene Agostini determined, by the preponderance of the evidence, that Ms. London was guilty of committing the above violations, and sentenced her to 20 days of confinement.

 

WHEREAS, having reviewed the Community Custody Hearing Report, the Hearing and Decision Summary report, the Department of Corrections Report of Alleged Violation, and all of the supporting documents therein, I have determined that Ms. London has violated the Conditional Commutation granted by Governor Gregoire in June 2011.

 

WHEREAS, Ms. London had generally positive compliance with the conditions of her supervision prior to these violations. Between her release in July 2011 and her arrest in June 2013, Ms. London did not commit any new law violations. Her only violations were for failure to comply with GPS requirements. She has demonstrated involvement with her church. She has been actively seeking and improving her education, and has gained employment.

 

WHEREAS, since Ms. London’s release from prison, she has lived in Auburn, Washington, and has support from her churchy and her pastor. She has been working toward her GED at Green River Community College and attends two sober support meetings per week. She also meets weekly with a case manager at St. Vincent de Paul. She has been subject to frequent drug testing and has not tested positive since her release.

 

WHEREAS, King County Prosecutor Daniel Satterberg has reviewed the facts and circumstances of Ms. London’s recent violations and supports her release back into the community, subject to the conditions below.

 

WHEREAS, Section 5 of Initiative 593 indicates that “{n}othing in this act shall ever be interpreted or construed as to reduce or eliminate the power of the governor to grant a pardon or clemency to any offender on an individual case-by-case basis.”

 

WHEREAS, I have reviewed all the pertinent facts and circumstances surrounding this matter, the circumstances of Ms. London’s previous crimes and the nature of her recent violations, comments favoring release of Ms. London, and the favorable recommendations of the King County Prosecutor and the Washington State Clemency and Pardons Board and, in light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington under Article III Section 9 of the Washington State Constitution, RCW 9.94A.885 and RCW 9.95.260, hereby grant to Mary Ann London a Conditional Commutation of the remainder of her sentence subject to her indicating in writing that she accepts an additional term of Community Custody of 24 months, ending July 19, 2016, and compliance with the following conditions during the term of her Community Custody, all of which commence as of July 19, 2013.

 

Ms. London shall:

 

1.     Report regularly to a community corrections officer as directed by the Department of `Corrections;

2.     Pay a monthly supervision fee as directed by the community corrections officer;

3.     Participate in Department of Corrections approved education, employment, and/or community service;

4.     Receive prior approval from the Department of Corrections for living arrangements and residence location;

5.     Allow community corrections officers to conduct such home visits as the community corrections officer deem appropriate;

6.     Notify the Department of Corrections prior to any changes of address or employment;

7.     Participate in electronic home monitoring for the duration of her period of supervision, as directed by the community corrections officer;

8.     Remain in the geographic area as directed by the community corrections officer;

9.     Have no direct contact with any of her victims or their families, unless requested by the victim and approved by her community corrections officer;

10.   Not possess, receive, ship, or transport a firearm, ammunition, or explosives;

11.   Not use, possess, or consume alcohol;

12.   Not possess or use any controlled substances without a prescription;

13.   Not associate with any drug users or dealers;

14.   Submit to regular and random urinalysis and breathalyzer testing, as directed by the community corrections officer;

15.   Participate in substance abuse and/or chemical dependency evaluation as directed by the community corrections officer and complete any recommendations from such evaluations;

16.   Participate in chemical dependency and substance abuse support groups, as directed by the community corrections officer;

17.   Participate in any mental health evaluation as recommended by the community corrections officer and complete any recommendations from such evaluation;

18.   Participate in a Cognitive Behavioral Intervention program or similar program as directed by the community corrections officer;

19.   Participate in the Youth At Risk or other similar community service program, as directed by the community corrections officer; and

20.   Comply with all standard conditions, recommendations, and instructions of community placement as directed by the community corrections officer.

 

PROVIDED that Ms. London shall remain under the supervision of the Department of Corrections and explicitly follow conditions established by that agency during the term of her Community Custody. Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections and may result in the termination of this Conditional Commutation as provided below. The Department may require Ms. London to perform affirmative acts deemed appropriate to monitor compliance with the conditions and may issue warrants and/or detain Ms. London if she violates a condition.

 

ADDITONALLY PROVIDED that in the event Ms. London is convicted anywhere at any time of any offense the elements of which would classify the crime as a gross misdemeanor or felony in the state of Washington or violates the conditions of this Conditional Commutation as determined by the Governor, this Conditional Commutation is revoked and the sentence of the court reinstated, whereupon Ms. London will be immediately returned to the Washington Corrections Center for Women or any such facility as the Secretary of the Department of Corrections deems appropriate. The Department of Corrections shall provide a written report to the Governor regarding any violation of this Conditional Commutation. A written notice of the Governor’s intent to revoke the Conditional Commutation will be mailed to the most recent address. Ms. London has provide to the Office of the Governor or, if Ms. London is in custody, to her place of detention, if within 14 calendar days of the mailing of the notice Ms. London submits a sworn statement made under penalty of perjury that she has complied with all conditions of this commutation, the Governor shall appoint a hearing officer. The hearing officer will provide Ms. London an opportunity to be heard and to present witnesses and documentary evidence that she has met all conditions upon which the conditional commutation is granted. The hearing officer shall present findings of fact and a transcript of the hearing to the Governor for the Governor’s final and conclusive decision on whether Ms. London has violated the conditions of this Conditional Commutation.

 

ADDITONALLY PROVIDED that Ms. London may be detained pending judicial disposition of any new criminal charge or a final determination of whether a condition of this Conditional Commutation has been violated if the Governor determines there are reasonable grounds to believe she has violated the above conditions of this Conditional Commutation, reason to be concerned that she would pose a risk to any person or to the community, or that there is a possibility that Ms. London may abscond if not detained. If detained, Ms. London will be provided a preliminary hearing, as promptly as convenient after arrest, to determine whether there are reasonable grounds to believe she has violated the above conditions.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 17^th day of July A. D., two thousand and thirteen.

 

Jay Inslee,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

Kim Wyman

Secretary of State

 

CONDITIONAL COMMUTATION

OF

JOSEPH SCOTT WHARTON

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Joseph Scott Wharton was convicted on April 22, 1997, of five counts of Robbery in the Second Degree in King County Superior Court Cause Number 97-1-00657-7 and sentenced to serve Life without the Possibility of Parole under Washington’s persistent offender law, otherwise known as the “Three Strikes” law.

 

WHEREAS, according to the court record, the crimes leading to Mr. Wharton’s third strike occurred in December of 1996 and January of 1997. Over the course of a month, Mr. Wharton approached clerks in ten stores and banks in the Kent area and demanded money from the registers. He often held his hand in his pocket to suggest that he had a gun. Mr. Wharton was charged with ten total counts, including charges of Attempted Robbery Second Degree, Robbery Second Degree, and Robbery First Degree, under King County Cause Number 97-1-00657-7. At a bench trial held in early 1997, Mr. Wharton was found guilty of five counts of Robbery in the Second Degree. King County Superior Court Judge Michael J. Fox dismissed the remaining five counts, including the Robbery in the First Degree charge, with the agreement of the Prosecutor’s Office.

 

WHEREAS, Mr. Wharton received his second strike when he was convicted of three counts of Robbery in the Second Degree for the robbery of a Costless store on September 25, 1989. Mr. Wharton entered the store and asked one of the employees in the back for some help in finding some syringes. When told that the store didn’t carry those types of syringes, Mr. Wharton approached clerk Julia Zimmerman and ordered her to “give me all the money in the till.” Ms. Zimmerman handed over a large amount of cash, and Mr. Wharton exited the store and sped away in a car. Police later linked the car to Mr. Wharton. Two of the three employees in the store positively identified Mr. Wharton from photo montages. Mr. Wharton was arrested and pled guilty in January of 1990. He was sentenced to 72 months in prison.

 

WHEREAS, Mr. Wharton was convicted of his first strike offense of one count of Robbery in the Second Degree for the robbery of William Chen on June 11, 1987. Mr. Chen was working as a store clerk at the Jack Pot grocery store in South Seattle when Mr. Wharton entered the store, approached Mr. Chen and demanded the money from the cash register. Mr. Wharton held his hand in his pocket as if he had a gun. Mr. Chen gave Mr. Wharton the money and Mr. Wharton then left. Mr. Chen gave a good description of the man and the vehicle he left in to the police, who eventually linked the car used in the robbery back to Mr. Wharton. Mr. Wharton’s parents were later shown the video of the robbery and identified Mr. Wharton as the robber. Mr. Wharton pled guilty to the robbery charge and was sentenced to 15 months in prison in 1988.

 

WHEREAS, Mr. Wharton was also convicted of Theft in the First Degree in February 1988, and sentenced to three years of probation. He was sentenced to four months each for two counts of Taking a Motor Vehicle Without Permission, served concurrently, and a five year suspended sentence for an additional count of Taking a Motor Vehicle Without Permission in 1985. In 1983, he received a deferred sentence for Burglary in the Second Degree.

 

WHEREAS, Mr. Wharton submitted a petition to the Washington State Clemency and Pardons Board in 2012, requesting that his Life Sentence without the Possibility of Parole on Cause 97-1-00657-7 be commuted by Governor Christine Gregoire.

 

WHEREAS, at the time of his conviction, the standard range for Mr. Wharton’s offense was 33 to 43 months. The maximum sentence for Second Degree Robbery in the state of Washington, without the three strikes law, is 84 months.

 

WHEREAS, Mr. Wharton unequivocally accepted responsibility and expressed remorse for all of his past crimes and deeply apologized for his actions to his victims, his family, and the state of Washington at his December 2012 Clemency and Pardons Board hearing.

 

WHEREAS, prior to that hearing, King County Prosecutor Daniel Satterberg reviewed Mr. Wharton’s clemency request in the context of other early Three Strikes cases prosecuted by the King County Prosecutor’s Office. In the course of that review, Mr. Satterberg observed that the King County Prosecutor’s Office had charged and prosecuted the lowest ranking strike-eligible offenses differently than they do today.

 

WHEREAS, Mr. Wharton has shown considerable rehabilitation during his period of incarnation. Even though Mr. Wharton had no reason to believe he would ever be released from prison, Mr. Wharton has proactively sought out and participated in whatever classes or programs were available to improve his life skills and enhance his education, in addition to counseling and treatment for his previous substance abuse and his ongoing recovery from addiction.

 

WHEREAS, Mr. Wharton has attended Alcoholics Anonymous and Narcotics Anonymous classes on a weekly basis. He has interacted positively with his counselors and sponsors. He has attended chemical dependency classes and completed “Smart Recovery” substance abuse programs. He has completed “Victim Awareness” courses and programs conducted by Walla Walla Community College. He has completed “Anger Management” Courses. He has completed “Consulting for Success” programs while at the prison in Monroe. He participated in the Freedom Project’s “Nonviolent Communication and Mindfulness Training” programs. He also completed educational programs in “Basic Custodial Services Operations” as well as courses in marriage and family life, medic, and first aid programs. He received good marks in all of these programs.

 

WHEREAS, following Mr. Wharton’s Clemency and Pardons Board hearing on December 7, 2012, the Board issued a unanimous recommendation in support of a commutation of Mr. Wharton’s Life without the Possibility of Parole sentence.

 

WHEREAS, following Mr. Wharton’s Clemency and Pardons Board hearing on December 7, 2012, the Board issued a unanimous recommendation in support of a commutation of Mr. Wharton’s Life without the Possibility of Parole sentence.

 

WHEREAS, King County Prosecutor Daniel Satterberg has reviewed the facts and circumstances of Mr. Wharton’s prior convictions and supports his release back into the community, subject to the conditions below.

 

WHWEREAS, the sentencing judge for his “third strike” offense, retired Judge Michael J. Fox, took it upon himself to seek out Mr. Wharton and encourage him to apply for a commutation in light of how unsettled Judge Fox was in having to direct such a sentence in the case of a non-violent offender.

 

WHEREAS, Mr. Wharton has applied and been accepted into the Seadrunar program for treatment for chemical dependency in Seattle and will participate in this residential program for nine to 12 months following his release.

 

WHEREAS, Section 5 of Initiative 593 indicated that “{n}othing in this act shall ever be interpreted or construed as to reduce or eliminate the power of the governor to grant a pardon or clemency to any offender on an individual case-by-case basis.”

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of Mr. Wharton’s previous crimes and his efforts towards rehabilitation, comments favoring release of Mr. Wharton, and the favorable recommendations of retired King County Superior Judge Michael J. Fox, and the King County Prosecutor’s Office, and in light of the foregoing, I have determined that the best interests of Justice will be served by this action.

 

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington under Article III Section 9 of the Washington State Constitution, RCW 9.94A.885 and RCW 9.95.260, hereby grant to Joseph Scott Wharton a Conditional Commutation  subject to him indicating in writing that he will complete a term of Community Custody of 24 months from the date of his release, ending no later than August 15, 2015, and compliance with the following conditions during the term of his Community Custody, all of which will commence no later than August 15, 2013.

 

Mr. Wharton shall:

 

1.      Participate in a residential drug and alcohol treatment program for a minimum of nine months following his release, as directed by the Department of Corrections;

2.      Report regularly to a community corrections officer as directed by the Department of Corrections;

3.      Pay a monthly supervision fee as directed by the community corrections officer;

4.      Participate in Department of Corrections-approved education, employment, and/or community service;

5.      Receive prior approval from the Department of Corrections for living arrangements and residence location;

6.      Allow community corrections officers to conduct such home visits as the community corrections officer deems appropriate;

7.      Notify the Department of Corrections prior to any changes of address or employment;

8.      Remain in the geographic area as directed by the community corrections officer;

9.      Have no contact with any of his victims or their families, unless requested by the victim and approved by his community officer;

10.    Remain employed or actively seeking employment, as directed by the community corrections officer;

11.    Not possess, receive, ship, or transport a firearm, ammunition, or explosives;

12.    Not use, possess, or consume alcohol;

13.    Not possess or use any controlled substances without a prescription;

14.    Not associate with any drug users or dealers;

15.    Submit to regular and random urinalysis and breathalyzer testing, as directed by the community corrections officer;

16.    Participate in substance abuse and/or chemical dependency evaluation as directed by the community corrections officer and complete any recommendations from such evaluation;

17.    Participate in chemical dependency and substance abuse support groups, as directed by the community corrections officer;

18.    Participate in any mental health evaluation as recommended by the community corrections officer and complete any recommendations from such evaluation;

19.    Participate in a Cognitive Behavioral Intervention program or similar program as directed by the community corrections officer;

20.    Participate in the Youth At Risk or other similar community service program, as directed by the community corrections officer; and

21.    Comply with all standard conditions, recommendations and instructions of community placement as directed by the community corrections officers.

 

PROVIDED that Mr. Wharton shall remain under the supervision of the Department of Corrections and explicitly follow the conditions established by that agency during the term of his Community Custody. Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections and may result in the termination of this Conditional Commutation as provided below. If Mr. Wharton is taken into custody following any alleged violation, the Department shall hold a Community Custody Hearing. The Department may also require Mr. Wharton to perform affirmative acts deemed appropriate to monitor compliance with the conditions and may issue warrants or detain Mr. Wharton if he violates a condition.

 

ADDITIONALLY PROVIDED that in the event Mr. Wharton violates any of the conditions of this Conditional Commutation, as determined by the Governor this Conditional Commutation may be revoked or amended and the sentence of the court reinstated, whereupon Mr. Wharton will be immediately returned to the Washington Corrections Center or any such facility as the Secretary of the Department of Corrections deems appropriate. If any such violation occurs, the Department of Corrections shall provide a written report to the Governor regarding the violation. A written notice of the Governor’s intent to review the alleged violations and revoke or amend the Conditional Commutation will then be mailed to the most recent address Mr. Wharton has provided to the Office of the Governor or, if Mr. Wharton is in custody, to his place of detention. If within 14 calendar days of the mailing of the notice, Mr. Wharton submits a sworn statement made under penalty of perjury that he has in fact complied with all conditions of this Conditional Commutation, the Governor shall appoint a hearing officer. The hearing officer will provide Mr. Wharton the opportunity to be heard and to present witnesses and documentary evidence that he has met all conditions upon which the Conditional Commutation is granted. The hearing officer shall present findings of fact and a transcript of the hearing to the Governor for the Governor’s final and conclusive determination on whether Mr. Wharton has violated the conditions of this Conditional Commutation.

 

ADDITONALLY PROVIDED that in the event Mr. Wharton is convicted anywhere at any time of any offense the elements of which would classify the crime as a gross misdemeanor or felony in the state of Washington, this Conditional Commutation may be revoked and the sentence of the court reinstated, whereupon Mr. Wharton will be immediately returned to the Washington Corrections Center or any such facility that the Secretary of the Department of Corrections deems appropriate.

 

ADDITONALLY PROVIDED that Mr. Wharton may be detained pending judicial disposition of any new criminal charge or a final determination of whether a condition of this Conditional Commutation has been violated, if the Governor determines there are reasonable grounds to believe he has violated the above conditions of this Conditional Commutation, reason to be concerned that he would pose a risk to any person or to the community, or that there is a possibility that Mr. Wharton may abscond if not detained. If detained, Mr. Wharton will be provided a preliminary hearing, as promptly as convenient after arrest, to determine whether there are reasonable grounds to believe he has violated the above conditions.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 30^th day of July, A. D., two thousand and thirteen.

 

Jay Inslee,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

Kim Wyman

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

MEBRAT WORKU TESHOME

 

To All to Whom these Presents Shall Come, Greetings:

 

WHEREAS, On March 26, 2002, Mebrat Worku Teshome was arrested for assault. Her domestic partner, Habtamu Bayleyegn, called the police after Ms. Teshome left for work and asserted that she had attacked him with a knife. The responding officer noted that Mr. Bayleyegn’s shirt was ripped and he had a scratch on his stomach. Ms. Teshome was adamant that she had not assaulted him. On February 14, 2003, Ms. Teshome entered an Alford plea with the assistance of an interpreter because she was told it was the best way to make the issue “go away.” She was convicted of Assault in the Third Degree – Domestic Violence, in King County Superior Court Case No. 02-1-03676-3 SEA.  She was sentenced to 30 days of community service and 12 months of community custody.

 

WHEREAS Ms. Teshome immediately tried to withdraw her plea once she understood the consequences attached to the conviction. The Court of Appeals subsequently determined that “The interpreter’s performance was less than competent, and the trial court did not follow proper procedures to ensure that the interpreter was qualified,” but denied the withdrawal of her plea. Ms. Teshome’s interpreter was later dismissed for his pattern of inaccuracy.

 

WHEREAS, Ms. Teshome alleged that she was in an abusive relationship with her partner. Mr. Bayleyegn was arrested for Domestic Violence in 2001, but charges were dropped. In 2004, Ms. Teshome and Mr. Bayleyegn ended their domestic partnership and obtained court order pertaining to the custody of their two daughters. Part of the orders is a permanent restraining order against him, and his contact with the children is limited due to “{a} history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.” Mr. Bayleyegn was ordered to enroll in and complete Domestic Violence Batterer’s Treatment. His visitation with the children was strictly controlled and ordered to be supervised until he had completed certain levels of Domestic Violence Batterer Treatment.

 

WHEREAS, Ms. Teshome has no other criminal record and she completed all the requirements of her sentencing.

 

WHEREAS, the testimony before the Clemency and Pardons Board is that Ms. Teshome is a responsible citizen and a dedicated mother. Before her conviction, she worked as a nursing assistant. Now that her daughters are older, she wants to become a good role model by returning to that work. Although she has the certification and necessary experience, her felony conviction prevents her from finding employment. Ms. Teshome would also like to continue her education and become an LPN.

 

WHEREAS, the Clemency and Pardons Board voted unanimously to recommend that a full pardon be granted to Ms. Teshome.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crimes, and the favorable recommendation of the Washington State Clemency and Pardons Board and, in light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Mebrat Worku Teshome this FULL AND UNCONDITIONAL pardon of her conviction of Assault in the Third Degree – Domestic Violence in King County Superior Court Case No. 02-1-03676-3 SEA, so that she may find employment as a nursing assistant and fully pursue her career goals without barriers.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 30^th day of July, A. D., two thousand thirteen.

 

Jay Inslee,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

Kim Wyman

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

MARTA ELENA AGUILAR

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on November 10, 1999, nineteen year-old Marta Elena Aguilar spent the morning visiting her boyfriend, with whom she was expecting a child. She left the house and came back unexpectedly later in the day, and when she returned, another woman was there. Ms. Aguilar learned that her boyfriend and the other woman were also dating and that she was pregnant with his child. Ms. Aguilar and the other woman then started to fight, which led to minor injuries to the second woman. The incident was reported to the police and Ms. Aguilar was arrested.

 

WHEREAS, on November 15, 1999, Ms. Aguilar pled guilty to Assault in the Third Degree in Lewis County Superior Court Cause No. 99-1-00845-1 and to Malicious Mischief in the Second Degree in Cause No. 99-1-00847-7 and was sentenced to 35 days total confinement, converted to 240 hours community service.

 

WHEREAS, Ms. Aguilar accepted full responsibility for her actions. She completed her sentencing requirements, paid her fines, and had her remaining legal financial obligations waived.

 

WHEREAS, Ms. Aguilar is now a single mother of four. She is raising her children without any support of their fathers. She has been a student at Centralia Community College in the hopes of becoming a medical interpreter. She was briefly employed at a local hospital in that role, but was let go after a background check discovered her two criminal convictions.

 

WHEREAS, Mr. Aguilar is unable to get a better job to provide for her children and is unable to participate in many of her children’s activities in school due to these criminal convictions. She has used her experience as a teaching moment for her children about how mistakes can change one’s life.

 

WHEREAS, Ms. Aguilar has no other criminal record. At a hearing on April 26, 2013, the Clemency and pardons Board noted that this fight is an anomaly to her character and that she has remained crime free since 1999.

 

WHEREAS, the Clemency and Pardons Board voted unanimously to recommend that a full pardon be granted to Ms. Aguilar.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crimes, and the favorable recommendation of the Washington State Clemency and Pardons Board and, in light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Marta Elena Aguilar this FULL AND UNCONDTIONAL pardon of her convictions of Assault in the Third Degree and Malicious Mischief in Lewis County Superior Court Cause Nos. 99-1-00845-1 and 99-1-00847-7, so that she may fully pursue her career goals and employment opportunities without barriers.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 11^th day of September, A. D., two thousand and thirteen.

 

Jay Inslee,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

Kim Wyman

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

DANIEL EDWARD WARREN

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on February 21, 1999, DANIEL EDWARD WARREN was at Jimmy’s Tavern in Spokane, Washington, and got into an argument and physical altercation with another patron. While the exact cause of the fight is unknown and involved many people, during the altercation Mr. Warren bit down on the ear of the other patron. Mr. Warren’s actions cause severe damage to the patron’s ear. Mr. Warren also suffered numerous injuries during the fight. Mr. Warren was subsequently contacted by the police and fully admitted to being in the fight, but claimed that he acted in self-defense.

 

WHEREAS, on April 6, 1999, Mr. Warren was charged with Second Degree Assault in Spokane County Superior Court Case No. 99-1-02335-9. Mr. Warren pled not guilty and went to trial in May of 2000. He was found guilty of the lesser included offense of Third Degree Assault and later sentenced to 29 days in county jail, $11,289.30 in restitution, 232 days of community service, and 12 months of community supervision.

 

WHEREAS, Mr. Warren completed all the requirements of his sentencing, including paying the required restitution in full.

 

WHEREAS, the Clemency and Pardons Board held a hearing on April 26, 2013, and reviewed Mr. Warren’s petition for a pardon. At the time of the offense, Mr. Warren was a student at Eastern Washington University. He went on to graduate with a double major and obtained employment at the Mowat Construction Company. He is now a foreman in the company, but is prohibited from advancing further in his career because his felony conviction prevents him from obtaining the requisite security clearances. His employers fully support Mr. Warren’s request for a pardon and believe that he is a critical member of the company.

 

WHEREAS, the testimony before the Clemency and Pardons Board is that Mr. Warren is a responsible citizen and a dedicated husband and father. He is actively involved in his son’s activities and a regular volunteer in his community.

 

WHEREAS, the Spokane County Prosecutor’s Office wrote a letter to the Clemency and Pardons Board supporting Mr. Warren’s petition. The Chief Criminal Deputy Prosecuting Attorney acknowledged that the underlying offense “was a very complicated bar room brawl, with accusations of who started what going in both directions.” He further stated that Mr. Warren “has lived a crime free life for the past thirteen years. He has a solid career and bettered himself as we would want all convicted felons to do. He has paid his debt and a pardon would allow him to further advance his career.”

 

WHEREAS, the Clemency and Pardons Board voted unanimously to recommend that a full pardon be granted to Mr. Warren.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crimes, and the favorable recommendation of the Washington State Clemency and Pardons Board and, in light of foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Daniel Edward Warren this FULL AND UNCONDITIONAL pardon of his conviction of Assault in the Third Degree in Spokane County Superior Court Case No. 99-1-02335-9, so that he may fully pursue his career goals without barriers.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 30^th day of October, A. D., two thousand and thirteen.

 

Jay Inslee,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

Kim Wyman

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

KERRIGAN CUSHING GRAY

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on two instances in March of 1965, KERRIGAN CUSHING GRAY sold an ounce of marijuana to a friend in King County Washington. Unbeknownst to Mr. Gray, that individual was working as an informant with local law enforcement officers.

 

WHEREAS, on March 24, 1965, Mr. Gray was charged with two counts of Unlawful Sale of Marijuana in King County Superior Court Case No. 42625. Mr. Gray pled not guilty and went to trail in July of 1965. He was found guilty of both counts and sentenced by the Court to not more than 20 years on each count, to run concurrently.

 

WHEREAS, Mr. Gray completed all the requirements of his sentencing, including serving three years in prison. Mr. Gray was released from prison and granted parole on November 20, 1968, and released from all further supervision on March 7, 1972.

 

WHEREAS, Mr. Gray has had no further criminal law violations since his release from prison in 1968.

 

WHEREAS, the Clemency and Pardons Board held a hearing on June 14, 2013, and reviewed Mr. Gray’s petition for a pardon. The testimony before the Board was that upon his release from prison, Mr. Gray worked diligently to establish himself as a productive member of society. He pursued an education and established a successful 35-year career in the information technology field, including a 20-year career with Kaiser Permanente IT as a Senior Systems Analyst.

 

WHEREAS, the testimony before the Clemency and Pardons Board was that Mr. Gray is a dedicated family man. He has been married for 35 years, has one daughter and three grandsons.

 

WHEREAS, the King County Prosecutor’s Office wrote a letter to the Clemency and Pardons Board supporting Mr. Gray’s petition. The Chief Deputy in the Criminal Division noted that Mr. Gray “has lived a productive life after serving his sentence.” He further stated although “Mr. Gray clearly struggled in his early 20’s…it’s just as clear that after serving his time and the passing of nearly 48 years, he went on to live a responsible, productive, and fulfilling life.”

 

WHEREAS, the Clemency and Pardons Board voted unanimously to recommend that a full pardon be granted to Mr. Gray.

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crimes, and the favorable recommendation of the Washington State Clemency and Pardons Board and, in light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Kerrigan Cushing Gray this FULL AND UNCONDITIONAL pardon of his convictions for Unlawful Sale of Marijuana (two counts) in King County Superior Court Case No. 42625 in 1965.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 30^th day of October, A. D., two thousand and thirteen.

 

Jay Inslee,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

Kim Wyman

Secretary of State

 

CONDITIONAL COMMUTAION

OF

MICHAEL RYAN PRITCHARD

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, ON December 29, 1992, Michael Ryan Pritchard, age 14, was with a group of friends at a trailer park residence in Port Orchard, Washington. Mr. Pritchard and other members of the group decided to enter a neighbor’s home, and, upon doing so, proceeded to harass and violently assault the woman that lived in the home. Over the course of the night and early morning, Mr. Pritchard and others repeatedly assaulted the victim, leaving and returning to the residence on multiple occasions to commit multiple offenses.

 

WHEREAS, on March 5, 1993, Mr. Pritchard was charged as an adult with Attempted First Degree Murder, First Degree Assault, and two counts of First Degree Burglary in Kitsap County Superior Court Case No. 93-1-60164-7. Mr. Pritchard pled guilty to all of the charges on March 23, 1993, and was sentenced by the court on April 23, 1993. His total sentence included 403.5 months in prison, the high end of the applicable range, and $4,411.25 in fees.

 

WHEREAS, Mr. Pritchard was a middle school student at the time of the offense and had just turned 14. The court documents filed at the time of the offense described him as the son of a single parent with little contact with his father. He often witnessed physical violence between his mother and the boyfriends that she brought into the home. The documents further described that Mr. Pritchard’s mother was unwilling or unable to assume any control over her son, and that leading up to the offense Mr. Pritchard had been a runaway and living on his own.

 

WHEREAS, prior to being charged as an adult, the court held a declination hearing to determine whether Mr. Pritchard should remain in the juvenile system. While psychologists for both the prosecution and the defense recommended that he remain in the juvenile system, the court decided to treat Mr. Pritchard as an adult.

 

WHEREAS, the Clemency and Pardons Board held an original hearing on March 11, 2005, and reviewed Mr. Pritchard’s petition for a commutation. The Board continued the hearing, however, in order to retrieve access to files necessary for their deliberations. The Board then held a second hearing in Mr. Pritchard’s case on September 11, 2008, and took testimony from multiple witnesses. Much of the testimony during the hearing focused on the horrific nature of the offenses, as well as that Mr. Pritchard had just turned 14 prior to the offenses. During this 2008 hearing, the Kitsap County Prosecutor’s Office wrote a letter to the Board opposing Mr. Prichard’s petition. At the conclusion of the hearing the Board voted unanimously to deny the petition, and Governor Gregoire subsequently denied the request.

 

WHEREAS, on September, 7, 2012, the Clemency and Pardons Board held a new hearing on a new petition filed by Mr. Pritchard. The testimony before the Board focused on the personal growth Mr. Prichard had demonstrated between the time he was incarcerated at age 14 and the present as a 33 year-old man, the positive impact of his family, and the fact that Mr. Pritchard was barely 14 when the offenses were committed.

 

WHEREAS, the Kitsap County Prosecutor’s Office wrote a letter to the Clemency and Pardons Board regarding Mr. Pritchard’s petition. While the Prosecutor’s Office had previously opposed Mr. Pritchard’s petitions, they did not do so in this instance. The Prosecuting Attorney wrote to the Board and noted that Mr. Prichard appeared to have followed the admonishments of the sentencing judge, committed no violent infractions, and taken advantage of the opportunities in the prison system. He further stated that “we recognize and encourage the positive change and growth that committed individuals may make, and support the grant of clemency to those who have made that commitment and for who the sentence once imposed no longer serves a justifiable purpose. If this board determines that a recommendation of clemency is warranted, we will not object.”

 

WHEREAS, at the conclusion of the hearing, the Clemency and Pardons Board voted unanimously to recommend that a conditional commutation be granted to Mr. Pritchard.

 

WHEREAS, Mr. Pritchard is now 34 years old. To date, he has been incarcerated on Kitsap County Superior Court Cause No. 93-1-60164-7 for over 20 years.

 

WHEREAS, Mr. Pritchard has shown considerable commitment to change and rehabilitation during this period of incarceration. Mr. Prichard has taken advantage of positive programming opportunities offered in prison. While in custody he has obtained his General Education Diploma, participated in Anger Management, Victims Awareness, and Chemical Dependency course, and been consistently employed.

 

WHEREAS, Mr. Prichard accepted responsibility and expressed remorse for all of his past crimes and apologized for his actions to his victims and the state of Washington at his Clemency Board hearing.

 

WHEREAS, Section 5 of Initiative 593 indicates that “{n}othing in this act shall ever be interpreted or construed as to reduce or eliminate the power of the governor to grant a pardon or clemency to any offender on an individual case-by-case basis.”

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crimes, comments favoring release of Mr. Pritchard, and the statements of the Kitsap County Prosecutor and the Washington State Clemency and Pardons Board and, in light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington under Article III Section 9 of the Washington State Constitution, RCW 9.94A.885 and RCW 9.95.260, hereby grant to Michael Ryan Pritchard a Conditional Commutation of his sentence, subject to him indicating in writing that he accepts the terms of this Conditional Commutation. If Mr. Pritchard accepts the terms of this Conditional Commutation, his sentence is commuted to an ending date of November 1, 2014. The Department of Corrections shall consider an appropriate re-entry planning process that could lead to confinement in lower levels of custody over the next 12 months. After the expiration of 12 months, if Mr. Prichard has met the re-entry plan programming and behavioral expectations, the Department of Corrections is not required to maintain Mr. Pritchard in total confinement, but may transition Mr. Pritchard to an assignment to a work release facility and, upon successful completion of any assignment to a work release facility, to serve a term of community custody. If and when Mr. Pritchard is released from confinement to serve a term of community custody, he shall be required to comply with the following conditions. Mr. Prichard shall:

 

1.      Report regularly to a community corrections officer as directed by the Department of Corrections;

2.      Pay a monthly supervision fee as directed by the community corrections officer;

3.      Participate in Department of Corrections approved education, employment and/or community service;

4.      Receive prior approval from the Department of Corrections for living arrangements and residence location;

5.      Allow community corrections officers to conduct such home visits as the community corrections officers deem appropriate;

6.      Notify the Department of Corrections prior to any changes of address or employment;

7.      Remain in the geographic area as directed by the community corrections officer;

8.      Have no direct contact with any of his victims or their families, unless requested by the victim and approved by his community corrections officer;

9.      Remain employed or actively seeking employment, as directed by the community corrections officer;

10.    Not possess, receive, ship, or transport a firearm, ammunition, or explosives;

11.    Not use, possess, or consume alcohol;

12.    Not possess or use any controlled substances without a prescription;

13.    Not associate with any drug users or dealers;

14.    Submit to regular and random urinalysis and breathalyzer testing, as directed by the community corrections officer;

15.    Participate in substance abuse and /or chemical dependency evaluation as directed by the community corrections officer and complete any recommendations from such evaluation;

16.    Participate in any mental health evaluation as recommended by the community corrections officer and complete any recommendations from such evaluation;

17.    Participate in a Cognitive Behavioral Intervention program or similar program as directed by the community corrections officer;

18.    Participate in the Youth At Risk or other similar community service program, as directed by the community corrections officer; and

19.    Comply with all standard conditions, recommendation, and instructions of community placement as directed by the community corrections officer.

 

PROVIDED that Mr. Pritchard shall remain under the supervision of the Department of Corrections and explicitly follow the conditions established by that agency during the term of his Community Custody. Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections and may result in the termination of this Conditional Commutation as provided below. If Mr. Pritchard is taken into custody following any alleged violation, the Department shall hold a Community Custody Hearing. The Department may also require Mr. Pritchard to perform affirmative acts deemed appropriate to monitor compliance with the conditions and may issue warrants or detain Mr. Pritchard if he violates a condition.

 

ADDITIONALLY PROVIDED that in the event Mr. Pritchard violates any of the conditions of this Conditional Commutation, as determined by the Governor, this Conditional Commutation may be revoked or amended and the sentence of the court reinstated, whereupon Mr. Prichard will be immediately returned to the Washington Corrections Center or any such facility as the Secretary of the Department of Corrections deems appropriate. If any such violation occurs, the Department of Corrections shall provide a written report to the Governor regarding the violation. A written notice of the Governor’s intent to review the alleged violations and revoke or amend the Conditional Commutation will then be mailed to the most recent address Mr. Pritchard has provided to the Office of the Governor or, if Mr. Pritchard is in custody, to his place of detention. If within 14 calendar days of the mailing of the notice, Mr. Pritchard submits a sworn statement made under penalty of perjury that he has in fact complied with all conditions of this Conditional Commutation, the Governor shall appoint a hearing officer. The hearing officer will provide Mr. Pritchard an opportunity to be heard and to present witnesses and documentary evidence that he has met all conditions upon which the Conditional Commutation is granted. The hearing officer shall present findings of fact and a transcript of the hearing to the Governor for the Governor’s final and conclusive determination on whether Mr. Pritchard has violated the conditions of this Conditional Commutation.

 

ADDITIONALLY PROVIDED that in the event Mr. Pritchard is convicted anywhere at any time of any offense the elements of which would classify the crime as a gross misdemeanor or felony in the state of Washington, this Conditional Commutation may be revoked and the sentence of the court reinstated, whereupon Mr. Pritchard will be immediately returned to the Washington Corrections Center or any such facility that the Secretary of the Department of Corrections deems appropriate.

 

ADDITIONALLY PROVIDED that Mr. Prichard may be detained pending judicial disposition of any new criminal charge of a final determination of whether a condition of this Conditional Commutation has been violated, if the Governor determines there are reasonable grounds to believe he has violated the above conditions of this Conditional Commutation, reason to be concerned that he would pose a risk to any person or to the community, or that there is a possibility that Mr. Prichard may abscond if not detained. If detained Mr. Prichard will be provided a preliminary hearing, as promptly as convenient after arrest, to determine whether there are reasonable grounds to believe he has violated the above conditions.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 8^th day of November, A. D., two thousand and thirteen.

 

Jay Inslee,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR

 

Kim Wyman

Secretary of State

 

MOTION

 

On motion of Senator Fain, the vetoes and partial vetoes by the Governor were held at the desk without objection.

 

MOTION

 

At 4:07 p.m., on motion of Senator Fain, the Senate adjourned until 11:30 a.m. Tuesday, January 13, 2015.

 

BRAD OWEN, President of the Senate

 

HUNTER G. GOODMAN, Secretary of the Senate