NOON SESSION

Senate Chamber, Olympia, Monday, January 26, 2015

The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.

MOTION

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

MOTION

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

MESSAGE FROM GOVERNOR

GUBERNATORIAL APPOINTMENTS

January 21, 2015

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

ROBERT F. KEHOE, reappointed January 1, 2015, for the term ending December 31, 2020, as Member of the Fish and Wildlife Commission.

Sincerely,

JAY INSLEE, Governor

Referred to Committee on Natural Resources & Parks.

January 21, 2015

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

PATRICIA T. LANTZ, reappointed January 1, 2015, for the term ending December 31, 2020, as Member of the Parks and Recreation Commission.

Sincerely,

JAY INSLEE, Governor

Referred to Committee on Natural Resources & Parks.

January 21, 2015

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

ANN E. RENDAHL, appointed January 2, 2015, for the term ending January 1, 2021, as Member of the Utilities and Transportation Commission.

Sincerely,

JAY INSLEE, Governor

Referred to Committee on Energy, Environment & Telecommunications.

MOTION

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

MOTION

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

MESSAGE FROM THE HOUSE

January 23, 2015

MR. PRESIDENT:

The Speaker has signed:

SENATE CONCURRENT RESOLUTION NO. 8400.

and the same is 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 5573 by Senators Frockt, Rivers, Mullet, Hargrove, Hobbs, Keiser, Pedersen, Kohl-Welles and McAuliffe

AN ACT Relating to youth substance use prevention associated with tobacco and drug delivery e-cigarettes and vapor products; amending RCW 26.28.080, 28A.210.310, 70.155.010, 70.155.020, 70.155.030, 70.155.050, 70.155.070, 70.155.080, 70.155.090, 70.155.100, 70.155.110, 70.155.120, 70.155.130, 70.155.140, 66.08.145, 66.44.010, 82.24.510, 82.24.530, 82.24.550, 82.26.060, 82.26.080, 82.26.150, 82.26.170, 82.26.220, 82.32.300, and 43.06.450; adding new sections to chapter 70.155 RCW; adding new sections to chapter 43.06 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new chapter to Title 82 RCW; creating new sections; prescribing penalties; providing an effective date; and providing an expiration date.

Referred to Committee on Health Care.

SB 5574 by Senators Hobbs, Mullet, Nelson, Frockt, Hatfield, Kohl-Welles, Keiser, Pedersen, Darneille, McAuliffe, Habib, Cleveland and Conway

AN ACT Relating to improving access to reproductive health; adding new sections to chapter 48.43 RCW; and creating new sections.

Referred to Committee on Health Care.

SB 5575 by Senators Braun, Honeyford and Hatfield

AN ACT Relating to providing sales and use tax exemptions to encourage coal-fired electric generation plants to convert to natural gas-fired plants; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; and providing expiration dates.

Referred to Committee on Energy, Environment & Telecommunications.

SB 5576 by Senators Baumgartner and Braun

AN ACT Relating to worker reporting of workplace injuries for purposes of industrial insurance; amending RCW 51.28.010; and creating a new section.

Referred to Committee on Commerce & Labor.

SB 5577 by Senators Braun and Cleveland

AN ACT Relating to pharmaceutical waste; and creating new sections.

Referred to Committee on Health Care.

SB 5578 by Senators Dammeier, Darneille, Conway, O'Ban, Keiser, Kohl-Welles, McAuliffe and Fraser

AN ACT Relating to giving preferences to housing trust fund projects that involve collaboration between local school districts and housing authorities or nonprofit housing providers to help children of low-income families succeed in school; amending RCW 43.185.070 and 43.185.070; providing an effective date; and providing an expiration date.

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

SB 5579 by Senators Dammeier, Roach, Becker, Padden, Conway, Darneille, Hobbs, Angel, Honeyford, Pearson, Sheldon and Hatfield

AN ACT Relating to exempting certain firearms transfers involving licensed security guards from background check requirements; and amending RCW 9.41.113.

Referred to Committee on Law & Justice.

SB 5580 by Senators Dammeier and Kohl-Welles

AN ACT Relating to requiring ticket brokers and resellers to make disclosures; and adding a new chapter to Title 19 RCW.

Referred to Committee on Commerce & Labor.

SB 5581 by Senators Angel and Hobbs

AN ACT Relating to the benefits of group life and disability insurance policies; amending RCW 48.24.280; and adding a new section to chapter 48.21 RCW.

Referred to Committee on Financial Institutions & Insurance.

SB 5582 by Senators Cleveland, Rivers, Keiser and Kohl-Welles

AN ACT Relating to penalties for allowing or permitting unlicensed practice of massage therapy or reflexology; adding a new section to chapter 18.108 RCW; and prescribing penalties.

Referred to Committee on Health Care.

SB 5583 by Senator Dansel

AN ACT Relating to providing the fish and wildlife commission with the tools necessary to enact changes to the status of a species; amending RCW 77.12.020, 77.04.090, and 77.04.012; and adding a new section to chapter 77.12 RCW.

Referred to Committee on Natural Resources & Parks.

SB 5584 by Senator Dansel

AN ACT Relating to water quality determinations made by the department of ecology; and amending RCW 90.48.120.

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

SB 5585 by Senators Dansel, Mullet and Braun

AN ACT Relating to granting counties and cities greater flexibility with real estate excise tax proceeds; and amending RCW 82.46.010 and 82.46.035.

Referred to Committee on Government Operations & State Security.

SB 5586 by Senators Conway, Hasegawa, Keiser and Darneille

AN ACT Relating to the social security offset to disability compensation; and amending RCW 51.32.225.

Referred to Committee on Commerce & Labor.

SB 5587 by Senators Becker and Kohl-Welles

AN ACT Relating to funding and expenditures for official national association conferences; amending RCW 42.52.150; and adding a new section to chapter 42.52 RCW.

Referred to Committee on Government Operations & State Security.

SB 5588 by Senators Roach, Liias, Habib, Mullet, Frockt, Miloscia, Fain, Hobbs, Chase, Hasegawa, Hill, Keiser and Fraser

AN ACT Relating to Washington's property assessment appeal procedures; and amending RCW 84.48.150.

Referred to Committee on Government Operations & State Security.

SB 5589 by Senators O'Ban, Pedersen, Pearson and Roach

AN ACT Relating to fairness in disciplinary actions of peace officers who appear on a prosecuting attorney's potential impeachment list; adding a new section to chapter 10.93 RCW; and creating a new section.

Referred to Committee on Law & Justice.

SB 5590 by Senators Dammeier, Frockt and Keiser

AN ACT Relating to medicaid managed health care system payments for health care services provided by nonparticipating providers; and amending RCW 74.09.522.

Referred to Committee on Health Care.

SB 5591 by Senators Liias, Roach, Hasegawa, Fain, McCoy, Keiser, Pearson, Kohl-Welles, McAuliffe and Conway

AN ACT Relating to allowing emergency medical services to develop community assistance referral and education services programs; and amending RCW 35.21.930, 18.71.200, and 18.71.205.

Referred to Committee on Government Operations & State Security.

SB 5592 by Senators Hasegawa and Conway

AN ACT Relating to fingerprint-based background checks for the licensing of security guards; and amending RCW 18.170.130 and 18.170.030.

Referred to Committee on Commerce & Labor.

SB 5593 by Senators Dammeier, Padden, Cleveland, O'Ban, Pedersen, Becker and Kohl-Welles

AN ACT Relating to the safe delivery of and reasonable payment for health care services by hospitals for inmates and persons detained by law enforcement; amending RCW 70.02.200 and 70.48.130; and adding a new chapter to Title 10 RCW.

Referred to Committee on Law & Justice.

SB 5594 by Senators Becker, Bailey, Braun, Angel, Parlette, Schoesler, Dammeier and Hewitt

AN ACT Relating to federal funding programs requiring changes in state law; adding a new section to chapter 44.28 RCW; and creating a new section.

Referred to Committee on Ways & Means.

SB 5595 by Senators Becker and Bailey

AN ACT Relating to clarifying association health plans provisions; amending RCW 48.21.010, 48.44.070, and 48.46.060; creating new sections; and providing an effective date.

Referred to Committee on Health Care.

SB 5596 by Senators King, Hewitt, Kohl-Welles and McAuliffe

AN ACT Relating to creating a special permit by a manufacturer of wine to hold a private event for the purpose of tasting and selling wine of its own production; and amending RCW 66.20.010.

Referred to Committee on Commerce & Labor.

SB 5597 by Senator Roach

AN ACT Relating to licensing real estate appraisers by reciprocity, fingerprint-based background checks for real estate appraiser applicants, and creating an inactive status for real estate appraisers; amending RCW 18.140.010, 18.140.060, 18.140.120, and 18.140.160; and adding new sections to chapter 18.140 RCW.

Referred to Committee on Commerce & Labor.

SB 5598 by Senators Conway, Warnick, Kohl-Welles and Keiser

AN ACT Relating to creating a dedicated account for elevators, lifting devices, moving walks, manufactured and mobile homes, recreational and commercial vehicles, factory built housing and commercial structures, and contractor registration and compliance activities; amending RCW 70.87.210; adding a new section to chapter 18.27 RCW; adding a new section to chapter 43.22 RCW; and adding a new section to chapter 51.44 RCW.

Referred to Committee on Commerce & Labor.

SB 5599 by Senators Dammeier, Keiser and Darneille

AN ACT Relating to removing expiration dates for training and certification exemptions for certain long-term care workers; and amending RCW 18.88B.041, 74.39A.076, 74.39A.341, and 18.88B.035.

Referred to Committee on Health Care.

SB 5600 by Senators Dammeier, Keiser, Darneille and Kohl-Welles

AN ACT Relating to modifying certain definitions concerning vulnerable adults, including the definitions of abuse and sexual abuse; and amending RCW 74.34.020 and 74.34.205.

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

SB 5601 by Senators Warnick, Rivers, Schoesler and Honeyford

AN ACT Relating to requiring the Washington state department of agriculture to approve the comparable recertification standards of private entities for the purposes of waiving the recertification requirements under the Washington pesticide control act; and amending RCW 15.58.233.

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

SB 5602 by Senators Warnick, Braun, Sheldon, Schoesler, Angel, Bailey and Honeyford

AN ACT Relating to prohibiting public entities from giving or loaning public funds to bargaining unit representatives for nongovernment functions; adding a new section to chapter 41.56 RCW; adding a new section to chapter 41.76 RCW; adding a new section to chapter 28B.52 RCW; adding a new section to chapter 47.64 RCW; adding a new section to chapter 41.80 RCW; adding a new section to chapter 41.59 RCW; adding a new section to chapter 49.66 RCW; and creating a new section.

Referred to Committee on Commerce & Labor.

SB 5603 by Senators Warnick and Rolfes

AN ACT Relating to cottage food operations; and amending RCW 69.22.050.

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

SB 5604 by Senators Liias and Roach

AN ACT Relating to the review and evaluation of countywide planning policies under the growth management act; and amending RCW 36.70A.215.

Referred to Committee on Government Operations & State Security.

SB 5605 by Senators Darneille, Jayapal, Kohl-Welles and McAuliffe

AN ACT Relating to arrest of sixteen and seventeen year olds for domestic violence assault; and reenacting and amending RCW 10.31.100.

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

SB 5606 by Senators Jayapal, Rivers, Frockt, King, Keiser and Kohl-Welles

AN ACT Relating to regulating dental professionals by permitting dental hygienists and dental assistants to take impressions under certain circumstances and by authorizing the issuance of a limited license to dental hygienists who actively practice or are licensed in Canada; and amending RCW 18.29.050, 18.29.190, and 18.260.040.

Referred to Committee on Health Care.

SB 5607 by Senators Conway, Dammeier, Darneille, O'Ban and Padden

AN ACT Relating to complaint procedure for the modification or termination of guardianship; and amending RCW 11.88.120.

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

SB 5608 by Senators Miloscia, Conway, Keiser, Darneille and Hasegawa

AN ACT Relating to prohibiting employers from asking about arrests or convictions before an applicant is determined otherwise qualified for a position; adding new sections to chapter 49.44 RCW; creating new sections; and prescribing penalties.

Referred to Committee on Commerce & Labor.

SB 5609 by Senators Bailey, Ranker, Hatfield, Baumgartner, Liias and Rolfes

AN ACT Relating to protecting waterways from pollution from synthetic plastic microbeads; adding a new chapter to Title 70 RCW; and prescribing penalties.

Referred to Committee on Energy, Environment & Telecommunications.

SB 5610 by Senators Benton and Billig

AN ACT Relating to an annual permit fee on studded tire use; amending RCW 46.17.400, 46.37.420, 46.17.240, and 46.17.040; adding a new section to chapter 46.16A RCW; creating a new section; prescribing penalties; and providing an effective date.

Referred to Committee on Transportation.

SB 5611 by Senators Benton and Keiser

AN ACT Relating to excessive overdraft fees; amending RCW 30A.22.040; and adding a new section to chapter 30A.22 RCW.

Referred to Committee on Financial Institutions & Insurance.

SB 5612 by Senators Benton and Keiser

AN ACT Relating to check cashing fees; and adding a new section to chapter 30A.22 RCW.

Referred to Committee on Financial Institutions & Insurance.

SB 5613 by Senator Benton

AN ACT Relating to the cap on the total number of small loans a borrower may have in a twelve-month period; and amending RCW 31.45.073.

Referred to Committee on Financial Institutions & Insurance.

SB 5614 by Senators Benton, Angel, Liias, Bailey, Schoesler, Warnick, Ranker, Hobbs and Parlette

AN ACT Relating to the maintenance and operations of parks and recreational land acquired through the conservation futures program; and amending RCW 84.34.240.

Referred to Committee on Natural Resources & Parks.

SB 5615 by Senators Benton, Sheldon, Bailey, Padden, Rivers, Angel, Schoesler, Warnick, Roach, Honeyford and Pearson

AN ACT Relating to exempting certain firearms transfers involving military members, law enforcement officers, and corrections officers from background check requirements; and amending RCW 9.41.113.

Referred to Committee on Law & Justice.

SB 5616 by Senators Benton, Hobbs, Angel, Keiser, Fain, Roach, Hatfield, Conway, Chase and Baumgartner

AN ACT Relating to pawnbroker fees and interest rates; and amending RCW 19.60.060.

Referred to Committee on Financial Institutions & Insurance.

SB 5617 by Senators Warnick, Fraser, Hatfield, Fain, Litzow, Liias and Hobbs

AN ACT Relating to marine, off-road recreational vehicle, and snowmobile fuel tax refunds based on actual fuel taxes paid; amending RCW 46.09.520, 46.10.530, and 79A.25.070; and creating a new section.

Referred to Committee on Transportation.

SB 5618 by Senator McCoy

AN ACT Relating to requiring the department of ecology to notify residents of a highly impacted community when initiating review of certain environmental permit applications; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.70 RCW; and creating new sections.

Referred to Committee on Energy, Environment & Telecommunications.

SB 5619 by Senators Bailey, Kohl-Welles, Frockt and McAuliffe

AN ACT Relating to basic education for adults at community and technical colleges; amending RCW 43.88C.010; adding a new section to chapter 28B.50 RCW; and creating a new section.

Referred to Committee on Higher Education.

SB 5620 by Senators Bailey, Kohl-Welles, Frockt, Schoesler and Conway

AN ACT Relating to authorizing waivers of building fees and services and activities fees for certain military service members; and adding a new section to chapter 28B.15 RCW.

Referred to Committee on Higher Education.

SB 5621 by Senators King, Liias, Fain, Hobbs and Angel

AN ACT Relating to the definition of the practice of dentistry; and amending RCW 18.32.020.

Referred to Committee on Health Care.

SB 5622 by Senators Sheldon, Miloscia, Angel, Becker, Warnick and Pearson

AN ACT Relating to requiring that the departments of fish and wildlife and ecology use empirical science to support agency actions affecting land use; and amending RCW 34.05.271 and 34.05.272.

Referred to Committee on Energy, Environment & Telecommunications.

SB 5623 by Senators Sheldon, Angel, Miloscia, Becker, Warnick and Conway

AN ACT Relating to modifying the operation of motorcycles on roadways laned for traffic; amending RCW 46.61.608; and prescribing penalties.

Referred to Committee on Transportation.

SB 5624 by Senators Keiser, Honeyford and Conway

AN ACT Relating to financing essential public infrastructure; amending RCW 39.94.030, 43.155.020, 43.155.040, and 43.155.050; reenacting and amending RCW 39.94.040; adding a new section to chapter 43.155 RCW; adding a new chapter to Title 39 RCW; creating a new section; and providing a contingent effective date.

Referred to Committee on Ways & Means.

SB 5625 by Senators Frockt, Keiser, Conway, Cleveland, Jayapal and Hasegawa

AN ACT Relating to continuity of health care coverage; adding a new section to chapter 74.09 RCW; creating a new section; and providing an expiration date.

Referred to Committee on Health Care.

SB 5626 by Senators Frockt, Jayapal, Keiser, Conway, Kohl-Welles and Hasegawa

AN ACT Relating to detailed enrollment data for the health benefit exchange; amending RCW 48.43.039; and adding a new section to chapter 43.71 RCW.

Referred to Committee on Health Care.

SJR 8204 by Senators Keiser, Honeyford and Conway

Amending the Constitution to allow the state to guarantee debt issued on behalf of a political subdivision for essential public infrastructure.

Referred to Committee on Ways & Means.

MOTION

On motion of Senator Fain, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Senate Bill No. 5584 which was referred to the Committee on Agriculture, Water & Rural Economic Development.

MOTION

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

MOTION

Senator Jayapal moved adoption of the following resolution:

SENATE RESOLUTION

8607

By Senator Jayapal

WHEREAS, January 26, 2015, marks the 66^th Republic Day in India, celebrating the adoption of the Constitution of the world’s largest democracy; and

WHEREAS, India achieved independence from British rule through peaceful and nonviolent resistance; and

WHEREAS, The Indian Constitution asserts equality before law, and declares “that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”; and

WHEREAS, Washington state has many cultural and economic ties to India, including over sixty thousand Indian-Americans living in this state; and

WHEREAS, Indian-Americans are small business owners, entrepreneurs, and CEOs of Washington companies, including the founding officers of many Seattle-based tech companies; and

WHEREAS, These businesses provide useful services, resources, and jobs to the people of this state; and

WHEREAS, Indian-Americans have been emigrating to the West Coast since the nineteenth century, working in our most vital industries including agriculture, logging, and trade; and

WHEREAS, Indian-Americans serve selflessly in our armed forces and in law enforcement, as well as contribute profoundly to the health care industry and Washington's institutions of higher education;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honors the 2015 Republic Day as a symbol of the shared values of democracy and liberty, between the nation of India and both the State of Washington and the United States of America.

Senators Jayapal, Liias, Roach and Honeyford spoke in favor of adoption of the resolution.

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8607.

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

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced representatives of the Indian-American, Asian and South Asian community celebrating India’s Republic Day: Mr. Hardeep Singh, representing the Gurudwara Guru Nanak Darbar Sikh Temple in Kent and OneAmerica board member; Mr. Jaspal Singh and Mr. Paramjit Singh representing the Gurudwara Guru Nanak Darbar Sikh Temple in Kent; Mr. Jagdish Sharma, Chair-Emeritus, Indo American Friendship Forum and immediate past Chair of the Commission on Asian Pacific American Affairs (CAPAA); Ms. Jayashree Narayan, representing the Kerala Association of Washington, a cultural organization which strives to maintain and promote the heritage of Kerala, the southernmost state of India and the social lifestyle of Keralites in the Pacific Northwest; Mr. Debadutta Dash, Co-Chair, Washington State and India Trade Relations Action Committee (WASITRAC) and past member of the CAPAA; Mr. Habib Habib, founding Co-Chair, WASITRAC and past member of the CAPAA; Mr. Harsha Ram, past President, Sahyadri Kannada Sangha which seeks to maintain the Kannada cultural heritage of Karnataka, a southern state in India; Ms. Manisha Chainani, representing API Chaya which supports Asian, South Asian, and Pacific Islander survivors and families impacted by domestic violence and sexual assault, as well as human trafficking survivors; Dr. Lakshmi Guar, Social Program Director, Indian Association of Western Washington and member of the CAPAA; and Mr. Raman Khanna, Session Aide to Sen. Rolfes and 1^st Vice Chair, 37^th Legislative District Democrats who were seated in the gallery and recognized by the senate.

Senator Fraser announced a brief meeting of the Senate Democratic Caucus following the day’s adjournment.

MOTION

At 12:12 p.m., on motion of Senator Fain, the Senate adjourned until 12:00 o’clock noon, Tuesday, January 27, 2015.

BRAD OWEN, President of the Senate

HUNTER G. GOODMAN, Secretary of the Senate

5573

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

5574

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

5575

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

5576