EIGHTY SEVENTH DAY

 


MORNING SESSION

 

Senate Chamber, Olympia, Wednesday, April 8, 2015

 

The Senate was called to order at 9:00 o’clock a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.

The Sergeant at Arms Color Guard consisting of Pages Liesl Bogaard and Kiana Chinn, presented the Colors. Pastor Marcus Allen Read, Senior Minister, Chehalis First Christian Church, guest of Senator Braun, offered the prayer who was accompanied by his daughter, Meagan.

 

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 eighth order of business.

 

MOTION

 

Senator Fain moved adoption of the following resolution:

 

SENATE RESOLUTION

8660

 

By Senators Fain and Bailey

 

WHEREAS, At 17 years old, Roberto González left El Grullo in Central-Western Mexico to move to the Northwest in order to raise a family and start his own restaurant; and

WHEREAS, Mexico Lindo Restaurant, established in 1975, is Kent's oldest Mexican restaurant, continuing to attract flocks of loyal customers every day; and

WHEREAS, The now 71-year-old Roberto González thanks the community for his business's success in Kent, Washington; and

WHEREAS, The restaurant is celebrating its 40th anniversary next year, the same year as the González’s wedding anniversary; and

WHEREAS, The Mexico Lindo Restaurant now stands as a popular, longtime part of the downtown Kent business district; and

WHEREAS, Roberto González continues to remain at the helm of the restaurant in its continued success; and

WHEREAS, Roberto enthusiastically volunteers in the Kent community working on multiple committees and for countless organizations; and

WHEREAS, Roberto acts as a driving force behind the vision and advancement to establish the Lucy Lopez Community Center;

NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize Roberto González and his family for their forty years of hard work and determination, developing a wonderful restaurant, and providing an irrefutable quality to the City of Kent.

Senators Fain and Keiser spoke in favor of adoption of the resolution.

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8660.

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

 

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Mr. Roberto González, his wife, Araceli, and members of the González family and friends who were present in the gallery and recognized by the senate.

 

Senator Frasier announced a meeting of the Senate Democratic Caucus immediately upon going at ease.

 

Senator Fain announced a meeting of the Majority Coalition Caucus immediately upon going at ease.

 

MOTION

 

At 9:11 a.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 10:29 a.m. by President Owen.

 

MOTION

 

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

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

Senator Miloscia moved that Katrina Asay, Gubernatorial Appointment No. 9006, be confirmed as a member of the Public Disclosure Commission.

Senators Miloscia, Liias, Dammeier and Warnick spoke in favor of passage of the motion.

 

APPOINTMENT OF KATRINA ASAY

 

The President declared the question before the Senate to be the confirmation of Katrina Asay, Gubernatorial Appointment No. 9006, as a member of the Public Disclosure Commission.

 

The Secretary called the roll on the confirmation of Katrina Asay, Gubernatorial Appointment No. 9006, as a member of the Public Disclosure Commission and the appointment was confirmed by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

Katrina Asay, Gubernatorial Appointment No. 9006, having received the constitutional majority was declared confirmed as a member of the Public Disclosure Commission.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

Senator Parlette moved that John E. Bridges, Gubernatorial Appointment No. 9017, be confirmed as a member of the Public Disclosure Commission.

Senators Parlette and Liias spoke in favor of passage of the motion.

 

APPOINTMENT OF JOHN E. BRIDGES

 

The President declared the question before the Senate to be the confirmation of John E. Bridges, Gubernatorial Appointment No. 9017, as a member of the Public Disclosure Commission.

 

The Secretary called the roll on the confirmation of John E. Bridges, Gubernatorial Appointment No. 9017, as a member of the Public Disclosure Commission and the appointment was confirmed by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

John E. Bridges, Gubernatorial Appointment No. 9017, having received the constitutional majority was declared confirmed as a member of the Public Disclosure Commission.

 

MOTION

 

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

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1382, by House Committee on Local Government (originally sponsored by Representatives Griffey, Blake, Lytton and G. Hunt)

 

Addressing the delivery of basic firefighter training and testing.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1382 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Roach and Liias spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1382.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1382 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

SUBSTITUTE HOUSE BILL NO. 1382, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1527, by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Dent, Blake, Buys and Van De Wege)

 

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.

 

The measure was read the second time.

 

MOTION

 

Senator Warnick moved that the following committee striking amendment by the Committee on Agriculture, Water & Rural Economic Development be adopted:

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

"Sec. 1.  RCW 15.58.233 and 2003 c 212 s 7 are each amended to read as follows:

(1) The director may renew any license issued under this chapter subject to the recertification standards identified in subsection (2) of this section or an examination requiring new knowledge that may be required to perform in those areas licensed.

(2) Except as provided in subsection (3) of this section, all individuals licensed under this chapter shall meet the recertification standards identified in (a) or (b) of this subsection, every five years, in order to qualify for continuing licensure.

(a) Individuals licensed under this chapter may qualify for continued licensure through accumulation of recertification credits. Individuals licensed under this chapter shall accumulate a minimum of forty department-approved credits every five years with no more than fifteen credits allowed per year.

(b) Individuals licensed under this chapter may qualify for continued licensure through meeting the examination requirements necessary to become licensed in those areas in which the licensee operates.

(3) At the termination of a licensee's five-year recertification period, the director ((may)) shall waive the recertification requirements if the licensee can demonstrate that he or she is meeting comparable recertification standards through:

(a) Another state or jurisdiction ((or through a federal environmental protection agency-approved government agency plan));

(b) A government agency plan that has been approved by the federal environmental protection agency; or

(c) A private entity that has been approved by the department. The department shall confer with private entities offering continuing education programs that include pest management credit accreditation and accumulation to develop an effective and efficient system to coordinate pest management credit accounting. The pest management credit accounting system must accord with the goals and other requirements of the department's pesticide license recertification program and this chapter. If the department and the private entity or entities agree on the substantive provisions of the system, the department shall develop an implementation strategy for private entities pursuing pesticide credit reciprocity. The department shall submit a report to the legislature on its collaborative efforts, pest management credit accounting system, and implementation strategy by December 31, 2015."

Senator Warnick spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Agriculture, Water & Rural Economic Development to Substitute House Bill No. 1527.

The motion by Senator Warnick carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

On page 1, line 4 of the title, after "act;" strike the remainder of the title and insert "and amending RCW 15.58.233."

 

MOTION

 

On motion of Senator Warnick, the rules were suspended, Substitute House Bill No. 1527 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Warnick spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1527 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1527 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

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

Voting nay: Senators Billig, Conway, Hasegawa, Liias and Rolfes

SUBSTITUTE HOUSE BILL NO. 1527 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1316, by House Committee on Judiciary (originally sponsored by Representatives Stambaugh, Jinkins, Nealey, Hurst, Kilduff, Reykdal, Wilson and Sawyer)

 

Allowing for an arrest without a warrant when a police officer has probable cause to believe a person has violated certain temporary protection orders.

 

The measure was read the second time.

 

MOTION

 

Senator Padden moved that the following committee striking amendment by the Committee on Law & Justice be adopted:

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

"Sec. 1.  RCW 26.50.110 and 2013 c 84 s 31 are each amended to read as follows:

(1)(a) Whenever an order is granted under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, any temporary order for protection granted under chapter 7.40 RCW pursuant to chapter 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of any of the following provisions of the order is a gross misdemeanor, except as provided in subsections (4) and (5) of this section:

(i) The restraint provisions prohibiting acts or threats of violence against, or stalking of, a protected party, or restraint provisions prohibiting contact with a protected party;

(ii) A provision excluding the person from a residence, workplace, school, or day care;

(iii) A provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location;

(iv) A provision prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent; or

(v) A provision of a foreign protection order specifically indicating that a violation will be a crime.

(b) Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

(2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, any temporary order for protection granted under chapter 7.40 RCW pursuant to chapter 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

(3) A violation of an order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

(4) Any assault that is a violation of an order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

(5) A violation of a court order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of an order issued under this chapter, chapter 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated.

(6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order granted under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation."

Senator Padden spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Law & Justice to Substitute House Bill No. 1316.

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

 

MOTION

 

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

On page 1, line 1 of the title, after "order" strike the remainder of the title and insert "for vulnerable adults; and amending RCW 26.50.110."

 

MOTION

 

On motion of Senator Padden, the rules were suspended, Substitute House Bill No. 1316 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Padden spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1316 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1316 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

SUBSTITUTE HOUSE BILL NO. 1316 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1010, by House Committee on Health Care & Wellness (originally sponsored by Representatives Johnson, Cody, Harris, Moeller, Manweller, Walsh, Clibborn, Robinson, Tharinger, Riccelli, Rodne, Short, Gregerson and Buys)

 

Concerning referral of medical cases to occupational therapists.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Becker, the rules were suspended, Substitute House Bill No. 1010 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Becker and Frockt spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1010.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1010 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

SUBSTITUTE HOUSE BILL NO. 1010, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1043, by House Committee on Business & Financial Services (originally sponsored by Representatives Ryu and Parker)

 

Concerning self-service storage facilities.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Baumgartner, the rules were suspended, Substitute House Bill No. 1043 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Baumgartner spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1043.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1043 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

Voting yea: 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, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Voting nay: Senator Liias

SUBSTITUTE HOUSE BILL NO. 1043, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED HOUSE BILL NO. 1091, by Representatives Van De Wege, Klippert, Carlyle, Fey, Goodman, Tarleton, Holy, Gregerson, Jinkins, Lytton, Stanford, Orwall, Kirby, Fitzgibbon, Sawyer, Ryu, Riccelli and Morris

 

Concerning the unauthorized interference of ticket sales over the internet.

 

The measure was read the second time.

 

MOTION

 

Senator Hasegawa moved that the following committee amendment by the Committee on Commerce & Labor be adopted:

0.On page 3, line 9, after "knows" insert "or should know"

 

The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Commerce & Labor to Engrossed House Bill No. 1091.

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

 

MOTION

 

On motion of Senator Hasegawa, the rules were suspended, Engrossed House Bill No. 1091 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Hasegawa, Kohl-Welles and Braun spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1091 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed House Bill No. 1091 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

ENGROSSED HOUSE BILL NO. 1091 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTIONS

 

On motion of Senator Mullet, Senator Nelson was excused.

On motion of Senator Ranker, Senator Billig was excused.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1069, by House Committee on Public Safety (originally sponsored by Representatives Orwall, Appleton, Kagi, Gregerson, Reykdal, Carlyle, Stanford, Sawyer, Fitzgibbon, Jinkins, Hudgins, Goodman, Clibborn, Moeller, Moscoso, Farrell and Fey)

 

Concerning preservation of DNA work product.

 

The measure was read the second time.

 

MOTION

 

Senator Padden moved that the following committee striking amendment by the Committee on Law & Justice be adopted:

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

"NEW SECTION.  Sec. 1.  (1) In any felony case initially charged as a violent or sex offense, as defined in RCW 9.94A.030, a governmental entity shall preserve any DNA work product that has been secured in connection with the criminal case according to the following guidelines:

(a) Except as provided in (b) of this subsection, where a defendant has been charged and convicted in connection with the case, the DNA work product must be maintained throughout the length of the sentence, including any period of community custody extending through final discharge;

(b) Where a defendant has been convicted and sentenced under RCW 9.94A.507 in connection with the case, the DNA work product must be maintained for ninety-nine years or until the death of the defendant, whichever is sooner; and

(c) Where no conviction has been made in connection with the case, the DNA work product must be maintained for ninety-nine years or throughout the period of the statute of limitations pursuant to RCW 9A.04.080, whichever is sooner.

(2) Notwithstanding subsection (1) of this section, in any felony case regardless of whether the identity of the offender is known and law enforcement has probable cause sufficient to believe the elements of a violent or sex offense as defined in RCW 9.94A.030 have been committed, a governmental entity shall preserve any DNA work product, including a sexual assault examination kit, secured in connection with the criminal case for ninety-nine years or throughout the period of the statute of limitations pursuant to RCW 9A.04.080, whichever is sooner.

(3) For purposes of this section:

(a) "Amplified DNA" means DNA generated during scientific analysis using a polymerase chain reaction.

(b) "DNA work product" means (i) product generated during the process of scientific analysis of such material, except amplified DNA, material that had been subjected to DNA extraction, and DNA extracts from reference samples; or (ii) any material contained on a microscope slide, swab, in a sample tube, cutting, DNA extract, or some other similar retention method used to isolate potential biological evidence that has been collected by law enforcement as part of its investigation and prepared for scientific analysis, whether or not it is submitted for scientific analysis and derived from:

(A) The contents of a sexual assault examination kit;

(B) Blood;

(C) Semen;

(D) Hair;

(E) Saliva;

(F) Skin tissue;

(G) Fingerprints;

(H) Bones;

(I) Teeth; or

(J) Any other identifiable human biological material or physical evidence.

Notwithstanding the foregoing, "DNA work product" does not include a reference sample collected unless it has been shown through DNA comparison to associate the source of the sample with the criminal case for which it was collected.

(c) "Governmental entity" means any general law enforcement agency or any person or organization officially acting on behalf of the state or any political subdivision of the state involved in the collection, examination, tracking, packaging, storing, or disposition of biological material collected in connection with a criminal investigation relating to a felony offense.

(d) "Reference sample" means a known sample collected from an individual by a governmental entity for the purpose of comparison to DNA profiles developed in a criminal case.

(4) The failure of a law enforcement agency to preserve DNA work product does not constitute grounds in any criminal proceeding for challenging the admissibility of other DNA work product that was preserved in a case, and any evidence offered may not be excluded by a court on those grounds. The court may not set aside the conviction or sentence or order the reversal of a conviction under this section on the grounds that the DNA work product is no longer available. Unless the court finds that DNA work product was destroyed with malicious intent to violate this section, a person accused of committing a crime against a person has no cause of action against a law enforcement agency for failure to comply with the requirements of this section. If the court finds that DNA work product was destroyed with malicious intent to violate this section, the court may impose appropriate sanctions. Nothing in this section may be construed to create a private right of action on the part of any individual or entity against any law enforcement agency or any contractor of a law enforcement agency.

NEW SECTION.  Sec. 2.  (1) Nothing in this chapter precludes the trial court from ordering the destruction of DNA reference samples contributed by a defendant who was charged and acquitted or whose conviction was overturned in connection with a violent or sex offense as defined in RCW 9.94A.030.

(2)(a) A person may submit an application to the Washington state patrol to have his or her DNA reference sample data expunged from the Washington state patrol's DNA identification system in cases where: (i) The person's DNA reference sample was collected and entered into the system and (ii) the charges against the person were dismissed with prejudice or the person was found not guilty.

(b) The Washington state patrol must expunge the person's DNA reference sample data if he or she meets the criteria established in law or by rule.

NEW SECTION.  Sec. 3.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 4.  Sections 1 and 2 of this act constitute a new chapter in Title 5 RCW."

Senator Padden spoke in favor of adoption of the committee striking amendment.

 

REMARKS BY THE PRESIDENT

 

President Owen:  “Senatator Darneille? It might be helpful for the members, I can’t always see you or hear you or notice you. If you do want my attention, sometimes I’m not looking. Just say ‘Mr. President’ and I’ll be glad to recognize you. Now Senator Darnielle, did you want…? So I misread that one. Sorry about that. Senator Rolfes.”

 

POINT OF ORDER

 

Senator Rolfes:  “Mr. President, could you ask people to take their conversations into the wings?”

 

RULING BY THE PRESIDENT

 

President Owen:  “Could the members be a little quieter and if you do have … [Gavel sounds] We just had a request that members take their conversations into the wings or at least keep them down, considerably. Thank you.”

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Law & Justice to Substitute House Bill No. 1069.

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

 

MOTION

 

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

On page 1, line 1 of the title, after "product;" strike the remainder of the title and insert "and adding a new chapter to Title 5 RCW."

 

MOTION

 

On motion of Senator Padden, the rules were suspended, Substitute House Bill No. 1069 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Padden and Darneille spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1069 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1069 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

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

Voting nay: Senator Hasegawa

Excused: Senator Nelson

SUBSTITUTE HOUSE BILL NO. 1069 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Habib, Senator Billig was excused.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1625, by House Committee on Health Care & Wellness (originally sponsored by Representatives Schmick and Wylie)

 

Concerning provision of drugs to ambulance or aid services.

 

The measure was read the second time.

 

MOTION

 

Senator Becker moved that the following committee striking amendment by the Committee on Health Care be adopted:

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 18.64 RCW to read as follows:

A pharmacy that is licensed under this chapter and operated by a hospital that is licensed under chapter 70.41 RCW may provide drugs to ambulance or aid services that are licensed under RCW 18.73.130 for use associated with providing emergency medical services to patients if the following conditions are met:

(1) The hospital is located in the same or an adjacent county to the county in which the ambulance or aid service operates;

(2) A medical program director of an ambulance or aid service has requested drugs from the hospital per agreed protocol. A medical program director may only request drugs that:

(a) Are relevant to the level of service provided by the ambulance or aid service and the training of its emergency medical personnel; and

(b) Are approved as part of the ambulance or aid service prehospital patient care protocols for use by emergency medical personnel in the county in which the ambulance or aid service is located; and

(3) The provision of the drugs by the pharmacy is not contingent upon arrangements for the transport of patients to the hospital that operates the pharmacy for reasons other than the consideration of patients' medical needs and any patient care procedures.

NEW SECTION.  Sec. 2.  A new section is added to chapter 70.168 RCW to read as follows:

(1) The emergency medical services and trauma care steering committee established in RCW 70.168.020 shall consider the use of the following medications by emergency medical technicians certified under chapter 18.73 RCW:

(a) Hydrocortisone sodium succinate or similar medications for the treatment of adrenal insufficiency; and

(b) Glucagon emergency kits.

(2) The review shall consider:

(a) The adequacy of current training for emergency medical technicians to administer the medications in subsection (1) of this section;

(b) The feasibility of supplementing the training of emergency medical technicians on either a statewide basis or a local basis to administer the medications in subsection (1) of this section;

(c) The costs and the likely utilization of stocking ambulances with the medications in subsection (1) of this section; and

(d) Options for localized solutions to specific community needs for the medications in subsection (1) of this section where only basic life support services are available, including needs that may arise in a school setting.

(3) The steering committee may appoint a work group to develop a draft report to present to the full steering committee, prior to the full steering committee adopting its report.

(4) By December 15, 2015, the steering committee shall report to the governor and the appropriate committees of the legislature. The report shall summarize the review of the topics in subsection (2) of this section and any policy recommendations related to the review. The report shall include any available data related to the frequency of incidents requiring the administration of medications in subsection (1) of this section.

(5) This section expires June 30, 2016."

Senator Becker spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health Care to Substitute House Bill No. 1625.

The motion by Senator Becker carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "adding a new section to chapter 18.64 RCW; adding a new section to chapter 70.168 RCW; and providing an expiration date."

 

MOTION

 

On motion of Senator Becker, the rules were suspended, Substitute House Bill No. 1625 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Becker spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1625 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1625 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, 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, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senators Billig and Nelson

SUBSTITUTE HOUSE BILL NO. 1625 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1637, by Representatives Stokesbary, Hurst, Gregory, Zeiger, Rodne, Stambaugh, Magendanz, Kretz, Kochmar, Santos, Appleton, Sells, Van De Wege, Robinson, Ormsby, Fey, Dent and Jinkins

 

Authorizing law enforcement and prosecutorial officials of federally recognized Indian tribes access to prescription monitoring data.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Becker, the rules were suspended, House Bill No. 1637 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Becker spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1637.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1637 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, 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, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senators Billig and Nelson

HOUSE BILL NO. 1637, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1961, by Representatives Zeiger, Reykdal and Sells

 

Decodifying, expiring, and making nonsubstantive changes to community and technical college provisions.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Bailey, the rules were suspended, House Bill No. 1961 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Bailey and Kohl-Welles spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1961.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1961 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, 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, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senators Billig and Nelson

HOUSE BILL NO. 1961, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1671, by House Committee on Health Care & Wellness (originally sponsored by Representatives Walkinshaw, Griffey, Cody, Smith, Peterson, Magendanz, Riccelli, Stanford, Appleton, Robinson, Tharinger and Jinkins)

 

Increasing access to opioid antagonists to prevent opioid-related overdose deaths. Revised for 1st Substitute: Concerning access to opioid overdose medications.

 

The measure was read the second time.

 

MOTION

 

Senator Becker moved that the following committee striking amendment by the Committee on Health Care be adopted:

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

"NEW SECTION.  Sec. 1.  (1) The legislature intends to reduce the number of lives lost to drug overdoses by encouraging the prescription, dispensing, and administration of opioid overdose medications.

(2) Overdoses of opioids, such as heroin and prescription painkillers, cause brain injury and death by slowing and eventually stopping a person's breathing. Since 2012, drug poisoning deaths in the United States have risen six percent, and deaths involving heroin have increased a staggering thirty-nine percent. In Washington state, the annual number of deaths involving heroin or prescription opiates increased from two hundred fifty-eight in 1995 to six hundred fifty-one in 2013. Over this period, a total of nine thousand four hundred thirty-nine people died from opioid-related drug overdoses. Opioid-related drug overdoses are a statewide phenomenon.

(3) When administered to a person experiencing an opioid-related drug overdose, an opioid overdose medication can save the person's life by restoring respiration. Increased access to opioid overdose medications reduced the time between when a victim is discovered and when he or she receives lifesaving assistance. Between 1996 and 2010, lay people across the country reversed over ten thousand overdoses.

(4) The legislature intends to increase access to opioid overdose medications by permitting health care practitioners to administer, prescribe, and dispense, directly or by collaborative drug therapy agreement or standing order, opioid overdose medication to any person who may be present at an overdose - law enforcement, emergency medical technicians, family members, or service providers - and to permit those individuals to possess and administer opioid overdose medications prescribed by an authorized health care provider.

NEW SECTION.  Sec. 2.  A new section is added to chapter 69.41 RCW to read as follows:

(1)(a) A practitioner may prescribe, dispense, distribute, and deliver an opioid overdose medication: (i) Directly to a person at risk of experiencing an opioid-related overdose; or (ii) by collaborative drug therapy agreement, standing order, or protocol to a first responder, family member, or other person or entity in a position to assist a person at risk of experiencing an opioid-related overdose. Any such prescription or protocol order is issued for a legitimate medical purpose in the usual course of professional practice.

(b) At the time of prescribing, dispensing, distributing, or delivering the opioid overdose medication, the practitioner shall inform the recipient that as soon as possible after administration of the opioid overdose medication, the person at risk of experiencing an opioid-related overdose should be transported to a hospital or a first responder should be summoned.

(2) A pharmacist may dispense an opioid overdose medication pursuant to a prescription issued in accordance with this section and may administer an opioid overdose medication to a person at risk of experiencing an opioid-related overdose. At the time of dispensing an opioid overdose medication, a pharmacist shall provide written instructions on the proper response to an opioid-related overdose, including instructions for seeking immediate medical attention.

(3) Any person or entity may lawfully possess, store, deliver, distribute, or administer an opioid overdose medication pursuant to a prescription or order issued by a practitioner in accordance with this section.

(4) The following individuals, if acting in good faith and with reasonable care, are not subject to criminal or civil liability or disciplinary action under chapter 18.130 RCW for any actions authorized by this section or the outcomes of any actions authorized by this section:

(a) A practitioner who prescribes, dispenses, distributes, or delivers an opioid overdose medication pursuant to subsection (1) of this section;

(b) A pharmacist who dispenses an opioid overdose medication pursuant to subsection (2) of this section;

(c) A person who possesses, stores, distributes, or administers an opioid overdose medication pursuant to subsection (3) of this section.

(5) For purposes of this section, the following terms have the following meanings unless the context clearly requires otherwise:

(a) "First responder" means: (i) A career or volunteer firefighter, law enforcement officer, paramedic as defined in RCW 18.71.200, or first responder or emergency medical technician as defined in RCW 18.73.030; and (ii) an entity that employs or supervises an individual listed in (a)(i) of this subsection, including a volunteer fire department.

(b) "Opioid overdose medication" means any drug used to reverse an opioid overdose that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. It does not include intentional administration via the intravenous route.

(c) "Opioid-related overdose" means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death that: (i) Results from the consumption or use of an opioid or another substance with which an opioid was combined; or (ii) a lay person would reasonably believe to be an opioid-related overdose requiring medical assistance.

(d) "Practitioner" means a health care practitioner who is authorized under RCW 69.41.030 to prescribe legend drugs.

(e) "Standing order" or "protocol" means written or electronically recorded instructions, prepared by a prescriber, for distribution and administration of a drug by designated and trained staff or volunteers of an organization or entity, as well as other actions and interventions to be used upon the occurrence of clearly defined clinical events in order to improve patients' timely access to treatment.

Sec. 3.  RCW 69.41.040 and 2003 c 53 s 324 are each amended to read as follows:

(1) A prescription, in order to be effective in legalizing the possession of legend drugs, must be issued for a legitimate medical purpose by one authorized to prescribe the use of such legend drugs. Except as provided in section 2 of this act, an order purporting to be a prescription issued to a drug abuser or habitual user of legend drugs, not in the course of professional treatment, is not a prescription within the meaning and intent of this section; and the person who knows or should know that he or she is filling such an order, as well as the person issuing it, may be charged with violation of this chapter. A legitimate medical purpose shall include use in the course of a bona fide research program in conjunction with a hospital or university.

(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.

Sec. 4.  RCW 69.50.315 and 2010 c 9 s 2 are each amended to read as follows:

(1)(((a))) A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the person seeking medical assistance.

(((b) A person acting in good faith may receive a naloxone prescription, possess naloxone, and administer naloxone to an individual suffering from an apparent opiate-related overdose.))

(2) A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.

(3) The protection in this section from prosecution for possession crimes under RCW 69.50.4013 shall not be grounds for suppression of evidence in other criminal charges.

NEW SECTION.  Sec. 5.  (1)(a) A legislative task force on opioid addiction is established, with members as provided in this subsection.

(i) The secretary of the senate shall appoint two members from each of the two largest caucuses of the senate;

(ii) The speaker of the house of representatives shall appoint two members from each of the two largest caucuses of the house of representatives;

(iii) The secretary of the senate and the speaker of the house of representatives shall appoint two members of the public who have experience or training relating to opioid addiction issues, this may include a person or persons with personal or family experience relating to opioid addiction;

(iv) The governor shall appoint one member from the department of social and health services' behavioral health services integration administration;

(v) The governor shall appoint one member from the University of Washington's alcohol and drug abuse institute; and

(vi) The governor shall appoint one member from the division of secondary education within the office of the superintendent of public instruction.

(b) The task force shall choose its chair or cochairs from among its legislative membership. The person appointed to represent the department of social and health services' behavioral health services integration administration shall convene the initial meeting of the task force.

(2) The task force shall review the following:

(a) Ways to increase access to opioid antagonists to prevent opioid-related overdose deaths throughout the state;

(b) Issues related to addiction, including causes of addiction, stigma related to addiction, and access to treatment for addiction;

(c) Educational efforts to reduce and to ultimately end minor use of opioids; and

(d) Other addiction issues deemed appropriate by the task force.

(3) Staff support for the task force must be provided by the senate committee services and the house of representatives office of program research.

(4) Legislative members of the task force must be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

(5) The expenses of the task force must be paid jointly by the senate and the house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.

(6) This section expires August 1, 2017.

NEW SECTION.  Sec. 6.  RCW 18.130.345 (Naloxone—Administering, dispensing, prescribing, purchasing, acquisition, possession, or use—Opiate-related overdose) and 2010 c 9 s 3 are each repealed."

Senator Becker spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health Care to Engrossed Substitute House Bill No. 1671.

The motion by Senator Becker carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

On page 1, line 2 of the title, after "deaths;" strike the remainder of the title and insert "amending RCW 69.41.040 and 69.50.315; adding a new section to chapter 69.41 RCW; creating new sections; repealing RCW 18.130.345; and providing an expiration date."

 

MOTION

 

On motion of Senator Becker, the rules were suspended, Engrossed Substitute House Bill No. 1671 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Becker and Frockt spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1671 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1671 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, 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, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senators Billig and Nelson

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1671 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1962, by Representatives Griffey, Peterson, Harmsworth, Wilson, Scott, Van Werven, Stokesbary, Condotta and Hayes

 

Regulating disclosure of process server social security numbers.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Padden, the rules were suspended, House Bill No. 1962 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Padden spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1962.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1962 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, 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, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senators Billig and Nelson

HOUSE BILL NO. 1962, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1060, by House Committee on Environment (originally sponsored by Representatives Fitzgibbon, Short, Farrell, Pike, Gregerson, Jinkins and Fey)

 

Directing state investments of existing litter tax revenues under chapter 82.19 RCW in material waste management efforts without increasing the tax rate.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Ericksen, the rules were suspended, Engrossed Substitute House Bill No. 1060 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Ericksen spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1060.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1060 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, 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, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senators Billig and Nelson

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1060, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

Senator Fain announced that the hearing by the Committee on Ways & Means would begin at 12:15 p.m. and requested the senators be ready to resume business on the floor at 2:00 o’clock p.m.

 

MOTION

 

At 11:50 a.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.

 

AFTERNOON SESSION

 

The Senate was called to order at 2:09 p.m. by President Owen.

 

SECOND READING

 

SECOND SUBSTITUTE HOUSE BILL NO. 2040, by House Committee on Appropriations (originally sponsored by Representatives McCabe, Caldier, Senn, Harris, McBride, Dent, Johnson, Sells, Kagi, Kilduff and Wilson)

 

Initiating a campaign to increase veteran employment.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator King, the rules were suspended, Second Substitute House Bill No. 2040 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator King spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 2040.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Second Substitute House Bill No. 2040 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, 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

Absent: Senators Chase and Hatfield

SECOND SUBSTITUTE HOUSE BILL NO. 2040, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1720, by Representatives Robinson, Peterson, Stanford, Riccelli, Gregerson, Senn, Appleton, Ortiz-Self, Tarleton, Jinkins and Santos

 

Concerning healthy housing.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator O'Ban, the rules were suspended, House Bill No. 1720 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator O'Ban spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Mullet, Senator Hatfield was excused.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1720.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1720 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

Voting yea: 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

Voting nay: Senator Padden

HOUSE BILL NO. 1720, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

Senator Roach assumed the chair.

 

SECOND READING

 

HOUSE BILL NO. 1599, by Representatives Rodne, Jinkins and Wylie

 

Concerning secure facilities for the criminally insane.

 

The measure was read the second time.

 

MOTION

 

Senator O'Ban moved that the following committee striking amendment by the Committee on Human Services, Mental Health & Housing be adopted:

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

"Sec. 1.  RCW 10.77.091 and 2010 c 263 s 2 are each amended to read as follows:

(1) If the secretary determines in writing that a person committed to the custody of the secretary for treatment as criminally insane presents an unreasonable safety risk which, based on behavior, clinical history, and facility security is not manageable in a state hospital setting, and the secretary has given consideration to reasonable alternatives that would be effective to manage the behavior, the secretary may place the person in any secure facility operated by the secretary or the secretary of the department of corrections. The secretary's written decision and reasoning must be documented in the patient's medical file. Any person affected by this provision shall receive appropriate mental health treatment governed by a formalized treatment plan targeted at mental health rehabilitation needs and shall be afforded his or her rights under RCW 10.77.140, 10.77.150, and 10.77.200. The secretary of the department of social and health services shall retain legal custody of any person placed under this section and review any placement outside of a department mental health hospital every three months, or sooner if warranted by the person's mental health status, to determine if the placement remains appropriate.

(2) Beginning December 1, 2010, and every six months thereafter, the secretary shall report to the governor and the appropriate committees of the legislature regarding the use of the authority under this section to transfer persons to a secure facility. The report shall include information related to the number of persons who have been placed in a secure facility operated by the secretary or the secretary of the department of corrections, and the length of time that each such person has been in the secure facility.

(((3) This section expires June 30, 2015.))"

 

The President Pro Tempore declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services, Mental Health & Housing to House Bill No. 1599.

The motion by Senator O'Ban carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

On page 1, line 1 of the title, after "insane;" strike the remainder of the title and insert "and amending RCW 10.77.091."

 

MOTION

 

On motion of Senator O'Ban, the rules were suspended, House Bill No. 1599 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1599 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1599 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

HOUSE BILL NO. 1599 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1595, by Representatives Senn, Clibborn, Walsh and Ormsby

 

Changing the definition of labor hours for the purposes of the apprenticeship utilization statute.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Baumgartner, the rules were suspended, House Bill No. 1595 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Baumgartner and Conway spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1595.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1595 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

HOUSE BILL NO. 1595, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1554, by Representatives Stambaugh, S. Hunt, Holy, Zeiger, Scott, G. Hunt, Bergquist, Condotta, Ormsby and Young

 

Exempting information of guardians or family members of children enrolled in child care, early learning, parks and recreation, after-school, and youth development programs.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Benton, the rules were suspended, House Bill No. 1554 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Benton and Liias spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1554.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1554 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

HOUSE BILL NO. 1554, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1447, by House Committee on State Government (originally sponsored by Representatives Holy, S. Hunt and Appleton)

 

Granting the director of the department of enterprise services the authority to fine contractors as a penalty for certain behaviors.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Benton, the rules were suspended, Substitute House Bill No. 1447 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Benton and Liias spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1447.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1447 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

SUBSTITUTE HOUSE BILL NO. 1447, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1283, by House Committee on Business & Financial Services (originally sponsored by Representatives Parker, Kirby and Vick)

 

Concerning nonprofit organizations engaged in debt adjusting.

 

The measure was read the second time.

 

MOTION

 

Senator Benton moved that the following committee striking amendment by the Committee on Financial Institutions & Insurance be adopted:

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

"Sec. 1.  RCW 18.28.010 and 2012 c 56 s 1 are each reenacted and amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Debt adjuster," which includes any person known as a debt pooler, debt manager, debt consolidator, debt prorater, or credit counselor, is any person engaging in or holding himself or herself out as engaging in the business of debt adjusting for compensation. The term shall not include:

(a) Attorneys-at-law, escrow agents, accountants, broker-dealers in securities, or investment advisors in securities, while performing services solely incidental to the practice of their professions;

(b) Any person, partnership, association, or corporation doing business under and as permitted by any law of this state or of the United States relating to banks, consumer finance businesses, consumer loan companies, trust companies, mutual savings banks, savings and loan associations, building and loan associations, credit unions, crop credit associations, development credit corporations, industrial development corporations, title insurance companies, insurance companies, or third-party account administrators;

(c) Persons who, as employees on a regular salary or wage of an employer not engaged in the business of debt adjusting, perform credit services for their employer;

(d) Public officers while acting in their official capacities and persons acting under court order;

(e) Any person while performing services incidental to the dissolution, winding up or liquidation of a partnership, corporation, or other business enterprise;

(f) Nonprofit organizations dealing exclusively with debts owing from commercial enterprises to business creditors;

(g) Nonprofit organizations engaged in debt adjusting and which do not assess against the debtor a service charge in excess of fifteen dollars per month.

(2) "Debt adjusting" means the managing, counseling, settling, adjusting, prorating, or liquidating of the indebtedness of a debtor, or receiving funds for the purpose of distributing said funds among creditors in payment or partial payment of obligations of a debtor.

(3) "Debt adjusting agency" is any partnership, corporation, or association engaging in or holding itself out as engaging in the business of debt adjusting.

(4) "Financial institution" means any person doing business under the laws of any state or the United States relating to commercial banks, bank holding companies, savings banks, savings and loan associations, trust companies, or credit unions.

(5) "Third-party account administrator" means an independent entity that holds or administers a dedicated bank account for fees and payments to creditors, debt collectors, debt adjusters, or debt adjusting agencies in connection with the renegotiation, settlement, reduction, or other alteration of the terms of payment or other terms of a debt.

(6) "Fair share" means the creditor contributions paid to debt adjusters by the creditors whose consumers receive debt adjusting services from the debt adjusters and pay down their debt accordingly. "Fair share" does not include grants received by debt adjusters for services unrelated to debt adjusting.

Sec. 2.  RCW 18.28.080 and 2012 c 56 s 2 are each amended to read as follows:

(1) By contract a debt adjuster may charge a reasonable fee for debt adjusting services. The total fee for debt adjusting services, including, but not limited to, any fee charged by a financial institution or a third-party account administrator, may not exceed fifteen percent of the total debt listed by the debtor on the contract. The fee retained by the debt adjuster from any one payment made by or on behalf of the debtor may not exceed fifteen percent of the payment not including fair share. The debt adjuster may make an initial charge of up to twenty-five dollars which shall be considered part of the total fee. If an initial charge is made, no additional fee may be retained which will bring the total fee retained to date to more than fifteen percent of the total payments made to date. No fee whatsoever shall be applied against rent and utility payments for housing.

In the event of cancellation or default on performance of the contract by the debtor prior to its successful completion, the debt adjuster may collect in addition to fees previously received, six percent of that portion of the remaining indebtedness listed on said contract which was due when the contract was entered into, but not to exceed twenty-five dollars.

(2) A debt adjuster who receives fair share must disclose this in writing, along with an explanation of fair share, to the debtor prior to accepting any fair share.

(3) A debt adjuster shall not be entitled to retain any fee until notifying all creditors listed by the debtor that the debtor has engaged the debt adjuster in a program of debt adjusting.

(((3))) (4) The department of financial institutions has authority to enforce compliance with this section.

Sec. 3.  RCW 18.28.120 and 1999 c 151 s 106 are each amended to read as follows:

A debt adjuster shall not:

(1) Take any contract, or other instrument which has any blank spaces when signed by the debtor;

(2) Receive or charge any fee in the form of a promissory note or other promise to pay or receive or accept any mortgage or other security for any fee, whether as to real or personal property;

(3) Lend money or credit;

(4) Take any confession of judgment or power of attorney to confess judgment against the debtor or appear as the debtor in any judicial proceedings;

(5) Take, concurrent with the signing of the contract or as a part of the contract or as part of the application for the contract, a release of any obligation to be performed on the part of the debt adjuster;

(6) Advertise services, display, distribute, broadcast or televise, or permit services to be displayed, advertised, distributed, broadcasted or televised in any manner whatsoever wherein any false, misleading or deceptive statement or representation with regard to the services to be performed by the debt adjuster, or the charges to be made therefor, is made;

(7) Offer, pay, or give any cash, fee, gift, bonus, premiums, reward, or other compensation to any person for referring any prospective customer to the debt adjuster;

(8) Receive any cash, fee, gift, bonus, premium, reward, or other compensation, other than fair share, from any person other than the debtor or a person in the debtor's behalf in connection with his or her activities as a debt adjuster; or

(9) Disclose to anyone the debtors who have contracted with the debt adjuster; nor shall the debt adjuster disclose the creditors of a debtor to anyone other than: (a) The debtor; or (b) another creditor of the debtor and then only to the extent necessary to secure the cooperation of such a creditor in a debt adjusting plan."

 

The President Pro Tempore declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Financial Institutions & Insurance to Substitute House Bill No. 1283.

The motion by Senator Benton carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "debt adjusters; amending RCW 18.28.080 and 18.28.120; and reenacting and amending RCW 18.28.010."

 

MOTION

 

On motion of Senator Benton, the rules were suspended, Substitute House Bill No. 1283 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Benton spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1283 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1283 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: 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

SUBSTITUTE HOUSE BILL NO. 1283 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Habib, Senator Hasegawa was excused.

 

SECOND READING

 

HOUSE BILL NO. 1222, by Representatives McBride, Griffey, Clibborn, Orcutt, Van De Wege, Fey, Takko, Young, Sawyer and Bergquist

 

Modifying certain firefighting apparatus length and weight limits.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator King, the rules were suspended, House Bill No. 1222 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators King and Hobbs spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1222.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1222 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, 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

Excused: Senator Hasegawa

HOUSE BILL NO. 1222, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Habib, Senator Hargrove was excused.

 

SECOND READING

 

SUBSTITTUE HOUSE BILL NO. 1806, by Representatives Van Werven, Bergquist, Holy, Appleton, Gregory and S. Hunt

 

Correcting references to elections statutes.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Benton, the rules were suspended, Substitute House Bill No. 1806 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Benton spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1806.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1806 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, 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

Excused: Senators Hargrove and Hasegawa

ENGROSSED HOUSE BILL NO. 1806, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1730, by House Committee on Business & Financial Services (originally sponsored by Representatives Kirby and Vick)

 

Concerning the handling of earnest money.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Benton, the rules were suspended, Substitute House Bill No. 1730 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Benton spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1730.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1730 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, 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

Excused: Senator Hargrove

SUBSTITUTE HOUSE BILL NO. 1730, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1285, by House Committee on Health Care & Wellness (originally sponsored by Representatives Riccelli, G. Hunt, Van De Wege, Harris, Cody, Holy, Jinkins, Clibborn, Robinson, Walkinshaw, Peterson, Fitzgibbon, Ormsby, Bergquist, Tarleton, Farrell, Moeller, S. Hunt, Tharinger, Stanford and Gregerson)

 

Requiring critical congenital heart disease screening for newborns.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Becker, the rules were suspended, Substitute House Bill No. 1285 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Becker and Frockt spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1285.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1285 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, 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

Excused: Senator Hargrove

SUBSTITUTE HOUSE BILL NO. 1285, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1172, by Representatives Stanford, Vick and Ryu

 

Creating the risk management and solvency assessment act.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Benton, the rules were suspended, House Bill No. 1172 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Benton and Mullet spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1172.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1172 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, 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

Excused: Senator Hargrove

HOUSE BILL NO. 1172, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1307, by Representatives Harris, Tharinger, Walkinshaw and Kagi

 

Concerning enforcement standards for residential services and support providers.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Becker, the rules were suspended, House Bill No. 1307 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Becker and Frockt spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1307.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1307 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, 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

Excused: Senator Hargrove

HOUSE BILL NO. 1307, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1342, by Representatives Bergquist, Condotta, Takko, S. Hunt, Wylie, Magendanz and Moscoso

 

Permitting the sale of cider in microbrewery tasting rooms.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator King, the rules were suspended, House Bill No. 1342 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator King spoke in favor of passage of the bill.

Senator Darneille spoke against passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1342.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1342 and the bill passed the Senate by the following vote:  Yeas, 39; Nays, 9; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dansel, Ericksen, Fain, Fraser, Frockt, Habib, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, Pedersen, Ranker, Rivers, Rolfes, Schoesler, Sheldon and Warnick

Voting nay: Senators Becker, Dammeier, Darneille, Liias, O'Ban, Padden, Parlette, Pearson and Roach

Excused: Senator Hargrove

HOUSE BILL NO. 1342, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1317, by Representatives Zeiger, Kilduff, Kirby, Wylie and Sawyer

 

Revising the lien for collection of sewer charges by counties.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Benton, the rules were suspended, House Bill No. 1317 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Benton and Liias spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1317.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1317 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, 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

Excused: Senator Hargrove

HOUSE BILL NO. 1317, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1088, by House Committee on Local Government (originally sponsored by Representative Takko)

 

Modifying per diem compensation for flood control zone district supervisors.

 

The measure was read the second time.

 

MOTION

 

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

0.On page 1, beginning on line 7, after "may" strike all material through "section," on line 8

On page 2, at the beginning of line 15, strike all material through "effect." on line 30

Senators Benton and Liias spoke in favor of adoption of the amendment.

 

The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 1, line 7 to Substitute House Bill No. 1088.

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

 

MOTION

 

On motion of Senator Benton, the rules were suspended, Substitute House Bill No. 1088 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Benton and Liias spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1088 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1088 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, 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

Voting nay: Senator Padden

Excused: Senator Hargrove

SUBSTITUTE HOUSE BILL NO. 1088 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Mullet, Senator Billig was excused.

 

SECOND READING

 

HOUSE BILL NO. 2181, by Representatives Schmick, Clibborn, Orcutt and Scott

 

Modifying the maximum speed limit on highways.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator King, the rules were suspended, House Bill No. 2181 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators King, Hobbs, Dansel and Baumgartner spoke in favor of passage of the bill.

Senator Liias spoke against passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 2181.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 2181 and the bill passed the Senate by the following vote:  Yeas, 41; Nays, 7; Absent, 0; Excused, 1.

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

Voting nay: Senators Billig, Frockt, Jayapal, Kohl-Welles, Liias, McCoy and Nelson

Excused: Senator Hargrove

HOUSE BILL NO. 2181, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

Senator Fain announced the hearing by the Committee on Rules would begin at 3:55 p.m. in the Senate Rules Room.

 

MOTION

 

At 3:43 p.m., on motion of Senator Fain, the Senate adjourned until 11:00 o’clock a.m. Thursday, April 9, 2015.

 

BRAD OWEN, President of the Senate

 

HUNTER G. GOODMAN, Secretary of the Senate

 

 





1010-S

Second Reading..................................................................... 4

Third Reading Final Passage................................................. 4

1043-S

Second Reading..................................................................... 4

Third Reading Final Passage................................................. 5

1060-SE

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

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

1069-S

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

Second Reading..................................................................... 5

Third Reading Final Passage................................................. 7

1088-S

Second Reading............................................................. 17, 18

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

1091

Second Reading..................................................................... 5

1091-E

Other Action........................................................................... 5

Second Reading..................................................................... 5

Third Reading Final Passage................................................. 5

1172

Second Reading................................................................... 16

Third Reading Final Passage............................................... 16

1222

Second Reading................................................................... 15

Third Reading Final Passage............................................... 15

1283-S

Other Action......................................................................... 15

Second Reading............................................................. 13, 14

Third Reading Final Passage............................................... 15

1285-S

Second Reading................................................................... 16

Third Reading Final Passage............................................... 16

1307

Second Reading................................................................... 17

Third Reading Final Passage............................................... 17

1316-S

Other Action........................................................................... 4

Second Reading..................................................................... 3

Third Reading Final Passage................................................. 4

1317

Second Reading................................................................... 17

Third Reading Final Passage............................................... 17

1342

Second Reading................................................................... 17

Third Reading Final Passage............................................... 17

1382-S

Second Reading..................................................................... 2

Third Reading Final Passage................................................. 2

1447-S

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

Third Reading Final Passage............................................... 13

1527-S

Other Action........................................................................... 3

Second Reading..................................................................... 2

Third Reading Final Passage................................................. 3

1554

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

Third Reading Final Passage............................................... 13

1595

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

Third Reading Final Passage............................................... 13

1599

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

Second Reading................................................................... 12

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

1625-S

Other Action........................................................................... 7

Second Reading..................................................................... 7

Third Reading Final Passage................................................. 8

1637

Second Reading..................................................................... 8

Third Reading Final Passage................................................. 8

1671-SE

Other Action......................................................................... 10

Second Reading..................................................................... 8

Third Reading Final Passage............................................... 10

1720

Second Reading................................................................... 12

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

1730-S

Second Reading................................................................... 16

Third Reading Final Passage............................................... 16

1806-S

Second Reading................................................................... 15

Third Reading Final Passage............................................... 15

1961

Second Reading..................................................................... 8

Third Reading Final Passage................................................. 8

1962

Second Reading................................................................... 10

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

2040-S2

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

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

2181

Second Reading................................................................... 18

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

8660

Adopted.................................................................................. 1

Introduced.............................................................................. 1

9006 Katrina Asay

Confirmed.............................................................................. 1

9017 John E. Bridges

Confirmed.............................................................................. 2

CLERGY

Read, Pastor Marcus Allen.................................................... 1

PAGES

Bogaard, Miss Liesl............................................................... 1

Chinn, Miss Kiana................................................................. 1

PRESIDENT OF THE SENATE

Intro. Special Guest, Read, Miss Meagan.............................. 1

Intro. Special Guests, González, Mr. & Mrs. Roberto and Araceli and family................................................................................ 1

Remarks by the President....................................................... 6

Ruling by the President.......................................................... 6

WASHINGTON STATE SENATE

Point of Order, Senator Rolfes............................................... 6