FIRST DAY

 


NOON SESSION

Senate Chamber, Olympia

Monday, January 11, 2016

 

At 12:00 o’clock noon, pursuant to state law, the Senate of the 2016 Regular Session of the Sixty-Fourth Legislature was called to order by the President of Senate, Lieutenant Governor Owen. The presiding Secretary called the roll and announced to the President that all Senators were present.

 

The Washington State Patrol Honor Guard consisting of Sergeant Jason Greer, Corporal Ian T. Morhous, Trooper MaKayla R. Morgan, Trooper William Rutherford, and Trooper Ethan Wynecoop presented the Colors.

 

The President led the Senate in the Pledge of Allegiance.

 

INTRODUCTION OF GUEST

 

The President introduced U.S. Army Reserve Specialist Thomas O’Ban, son of Senator Steve O’Ban, who performed the National Anthem.

 

The Washington State Honor Guard retired from the chamber.

 

REMARKS BY THE PRESIDENT

 

President Owen: “U.S. Army Reserve Specialist Thomas O’Ban just stepped out in the wings. I want to thank him very much for an incredible job with the National Anthem.”

“Once again, the Washington State Patrol Honor Guard makes us proud. They do an excellent job. I see them all over the state representing the state of Washington providing their skills, talents, and dignity to functions throughout the state. We should be very proud of that Honor Guard here as well.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Every year we are privileged to have the Capital Lakefair Queen welcome us on the opening day of legislative session. It’s always something very special. Joining me at the rostrum this afternoon is Queen Madeline Poultridge from Avanti High School in Olympia. I understand that Madeline is the first member of the Lakefair Court, in addition to being the first Queen, selected from Avanti High School. She’s accompanied today by Mr. George Sharp, 2015 Capital Lakefair President; Ms. Karen Griggs, 2015 Royalty Chair; Mr. Andrew Poultridge and Ms. Noelle Nordstrom parents of Miss Poultridge and Ms. Joan Poultridge, grandmother of Miss Poultridge.”

 

With the permission of the senate, business was suspended to allow Lakefair Queen Madeline Poultridge to address the senate and welcome the senators to Olympia.

 

REMARKS BY MADELINE POULTRIDGE

 

Miss Madeline Poultridge: “Welcome ladies and gentlemen and senators. Thank you very much for coming to Olympia to represent your communities. I was born and raised here in Olympia and I love everything about this city. As the 58th Capital Lakefair Queen, I have had the opportunity to explore the state of Washington and beyond as a representative of Thurston County. During my reign, I have learned so much about our state and all the driven and inspired people that call it home. I connected with other queens and princesses from across the Pacific Northwest, and though our individual experiences varied greatly, we bonded over our shared experiences. I would like to share a short story from my time as queen that makes me incredibly proud.”

“During parade season, all the royalty courts in Washington travel around to attend each other’s local festivals. Not only did I become great friends with the princesses on my own court, but all the royalty statewide as well. Although each court competes at the parades for the best float, we knew we were all there for the same reasons, and we looked out for each other. At a parade in late June, about halfway through the season, a terrible accident occurred. The princesses and I were still on our float riding back to the staging area when we heard the news: Port Townsend’s Rhododendron float had caught fire. Hoping for the best, we assumed it was just a little singe and smoke, but as we passed the debris we realized the true extent of what had happened. The gas tank had exploded, and the entire float had burned to the ground. We were relieved to hear that no one had been hurt, but many possessions had been lost, and no part of the float was salvageable. After the initial shock had passed, a new problem arose. The Rhododendron girls had no float, what were they going to do for the rest of the parades? We weren’t about to let their season be cut short, and Lakefair was only three weeks away, so we needed to act fast. Almost every court pitched in, gathering supplies, money, and the Spokane Lilac Festival even donated one of their floats for the Rhododendron court to redecorate and use. With the help of many volunteers and queens and princesses from around Washington, the Rhododendron Royalty Court made their debut on the new float in the Capital Lakefair Parade. Even though we were technically in competition, we accomplished so much when we worked together.”

“My hope for the year ahead is that collaboration like this becomes a theme, even when the metaphorical float catches on fire. Alone, we know a little. But together, we know a lot, and we can do a lot; the possibilities are endless. You are here today representing your friends and neighbors, you are Washington’s grand royalty court. I am immensely grateful for every senator, every representative, and your service to our beautiful state. Thanks again for taking this time to be here now and do such great work. I wish you all the best for 2016. Thank you.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Queen Madeline thank you for your comments. I’ve learned that this amazing young lady gives presentations on conflict resolution and collaboration. Later on during the session you may want to give her a call and see if we can work out some differences. I understand she’s quite good. Queen Madeline, thank you very much. It’s a privilege to have you here.”

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President appointed a committee of honor consisting of Senators Bailey and McCoy to escort the Honorable Kim Wyman, Secretary of State, to the rostrum. The committee thereupon escorted the Honorable Kim Wyman, Secretary of State, to the rostrum.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

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

 

The President welcomed and introduced the Honorable Barbara Madsen, Chief Justice of the Supreme Court of the state of Washington who was present to administer the oath of office to the newly appointed Senators.

 

The Secretary called the roll of the appointed members to fill vacant seats of the Senate and all were present: Senators Takko and Carlyle.

 

MOTION

 

On motion of Senator Fain, and without objection, the Senate advanced to the third order of business.

 

RESIGNATION LETTER

 

August 31,2015

 

Governor Jay lnslee

P.O. Box 40002

Olympia WA 98504-0002

 

Re: Resignation from the Washington State Senate

 

Dear Governor lnslee:

Pursuant to RCW 42.12.010, please accept my resignation from the Washington State Senate, effective immediately.

 

If you have any questions, please do not hesitate to contact me.

 

Brian Hatfield

State Senator

19th Legislative District

 

VACANCY FILLED

 

MESSAGE FROM BOARDS OF COUNTY COMMISSIONERS

 

JOINT RESOLUTION 10-22-15

OF COWLITZ, GRAYS HARBOR, LEWIS, PACIFIC AND WAHKIAKUM COUNTIES FILLING VACANT SENATE

POSITION IN 19TH LEGISLATIVE DISTRICT

 

WHEREAS, Senator Brian Hatfield has submitted his resignation for his position as senator for the 19th Legislative District and that position is now vacant; and

WHEREAS, the State Democratic Central Committee has submitted a list of three names for consideration by the Joint Boards of Commissioners for Cowlitz County, Grays Harbor County, Lewis County, Pacific County, and Wahkiakum County; and

WHEREAS, the Joint Boards of County Commissioners for  Cowlitz County, Grays Harbor County, Lewis County, Pacific County, and Wahkiakum County have convened in joint session and duly considered the three names submitted by the State Democratic Central Committee, now, therefore;

hIT IS HEREBY RESOLVED by Joint Boards of County Commissioners for the counties of the 19th Legislative District meeting in special session, that Dean Takko be and is hereby appointed to fill the vacant position of Senator for the 19th Legislative District.

IT IS FURTHER RESOLVED that the clerk of the joint board forward this resolution to the Governor and the Secretary of State.

APPROVED this 22nd day of October, 2015.

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

 

Chief Justice Barbara Madsen thereupon administered the oath of office to the Senator. The President presented the acknowledgement of appointment to Senator Takko.

 

The newly appointed member retired to his seat on the floor of the Senate.

 

RESIGNATION LETTER

 

December 29, 2015

 

Hon. Jay Inslee, Governor

State of Washington

P.O. Box 40002

Olympia WA 98504-0002

 

Re: Resignation from the Washington State Senate

 

Dear Governor Inslee:

As you may know, I have been elected to the King County Council and start my term on January 1st, 2016.  Pursuant to RCW 42.12.010, please accept my resignation from the Washington State Senate, effective at 5:00 p.m. on December 31st, 2015.

If you have any questions, please do not hesitate to contact me.

 

Sincerely,

 

Jeanne Kohl-Welles

State Senator, 36th Leg. District

Washington State Senate

 

VACANCY FILLED

 

MESSAGE FROM THE COUNCIL OF KING COUNTY

 

Signature Report

January 7, 2016

Motion 14493

 

A MOTION making an appointment to fill the vacancy in the position of state senator for the 36th legislative district.

WHEREAS, a vacancy exists in the position of state senator for the 36th legislative district due to the resignation of Senator Jeanne Kohl-Welles following her election as King County councilmember for district 4, and

WHEREAS, the 36th legislative district Democratic precinct committee officers have met to consider candidates for the position, and

WHEREAS, the King County Democratic Central Committee has submitted the names of three nominees to fill the vacancy;

Reuven Carlyle is hereby appointed to the position of state senator for the 36th legislative district.

Motion 14493 was introduced on 12/14/2015 and recommended do pass substitute by the Committee of the Whole on 1/7/2016, by the following vote:

Yes: 9 - Mr. von Reichbauer, Mr. Gossett, Ms. Lambert, Mr. Dunn, Mr. McDermott, Mr. Dembowski, Mr. Upthegrove, Ms. Kohl-Welles and Ms. Balducci

No: 0

 

The Sergeant at Arms escorted Senator Carlyle to the rostrum of the Senate to receive the oath of office. The President presented the acknowledgement of appointment to Senator Carlyle. Chief Justice Barbara Madsen thereupon administered the oath of office to the Senator.

 

The newly appointed member retired to his seat on the floor of the Senate.

 

The President thanked the Chief Justice Barbara Madsen and Secretary of State Kim Wyman. Sergeant at Arms escorted the Chief Justice and the Secretary of State from chamber.

 

MOTION

 

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

 

MOTION

 

Senator Fain moved adoption of the following resolution:

 

SENATE RESOLUTION

8690

 

By Senators Schoesler and Nelson

 

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

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8690.

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

 

APPOINTMENT OF SPECIAL COMMITTEE

 

In accordance with Senate Floor Resolution No. 8690, the President appointed Senators Dansel and Takko to notify the Governor that the senate was organized and ready to conduct business.

MOTION

 

On motion of Senator Fain, and without objection, the appointments were confirmed.

 

STANDING COMMITTEE ASSIGNMENTS

 

  The President announced the appointments of members to standing committees as shown on the following 2016 Standing Committee Assignments list:

 

2016 SENATE STANDING COMMITTEE ASSIGNMENTS

 

Accountability & Reform

Miloscia, Chair

Padden, Vice Chair

Fraser, Ranking Minority Member

Dansel

McAuliffe

 

Agriculture, Water & Rural Economic Development

Warnick, Chair

Dansel, Vice Chair

Takko, Ranking Minority Member

Hobbs

Honeyford

 

Commerce & Labor

Baumgartner, Chair

Braun, Vice Chair

Hasegawa, Ranking Minority Member

Conway

Keiser

King

Warnick

 

Early Learning & K-12 Education

Litzow, Chair

Dammeier, Vice Chair

McAuliffe, Ranking Minority Member

Billig

Fain

Hill

Mullet

Rivers

Rolfes

 

Energy, Environment & Telecommunications

Ericksen, Chair

Sheldon, Vice Chair

McCoy, Ranking Minority Member

Braun

Brown

Cleveland

Habib

Honeyford

Ranker

 

Financial Institutions & Insurance

Benton, Chair

Angel, Vice Chair

Mullet, Ranking Minority Member

Fain

Hobbs

Litzow

Nelson

Pedersen

Roach

 

Government Operations & Security

Roach, Chair

Benton, Vice Chair

Pearson, Vice Chair

McCoy, Ranking Minority Member

Dansel

Habib

Takko

Health Care

Becker, Chair

Dammeier, Vice Chair

Cleveland, Ranking Minority Member

Angel

Bailey

Baumgartner

Brown

Conway

Frockt

Jayapal

Keiser

Parlette

Rivers

 

Higher Education

Bailey, Chair

Baumgartner, Vice Chair

Frockt, Ranking Minority Member

Becker

Carlyle

Liias

Miloscia

 

Human Services, Mental Health & Housing

O’Ban, Chair

Miloscia, Vice Chair

Darneille, Ranking Minority Member

Hargrove

Padden

 

Law & Justice

Padden, Chair

O’Ban, Vice Chair

Pedersen, Ranking Minority Member

Darneille

Frockt

Pearson

Roach

 

Natural Resources & Parks

Pearson, Chair

Dansel, Vice Chair

Jayapal, Ranking Minority Member

Chase

Fraser

Hewitt

Warnick

 

Trade & Economic Development

Brown, Chair

Braun, Vice Chair

Chase, Ranking Minority Member

Angel

Carlyle

Ericksen

McCoy

 

Transportation

King, Chair

Fain, Vice Chair, Budget

Benton, Vice Chair

Hobbs, Ranking Minority Member

Liias, Assistant Ranking Minority Member

Baumgartner

Carlyle

Cleveland

Ericksen

Jayapal

Litzow

Miloscia

Rivers

Sheldon

Takko

 

Ways & Means

Hill, Chair

Braun, Vice Chair

Dammeier, Vice Chair, Education Finance

Honeyford, Vice Chair, Capital Budget

Hargrove, Ranking Minority Member

Ranker, Assistant Ranking Minority Member, Operating Budget

Keiser, Assistant Ranking Minority Member,

Capital Budget

Bailey

Becker

Billig

Brown

Conway

Darneille

Hasegawa

Hewitt

Nelson

O’Ban

Padden

Parlette

Pedersen

Rolfes

Schoesler

Warnick

 

Rules

Lieutenant Governor, Chair

Roach, Vice Chair   

Bailey               

Benton             

Billig

Chase

Dammeier        

Ericksen

Fain

Fraser

Hasegawa

Honeyford

King

Mullet

Nelson

Parlette

Pearson

Rivers

Rolfes

Schoesler  

Sheldon    

 

MOTION

 

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

 

MOTION

 

On motion of Senator Fain, and without objection, the Senate reverted to the fifth order of business.

 

INTRODUCTION AND FIRST READING

 

SB 6146  by Senators Rolfes, Warnick, Keiser, Conway, Nelson, Chase, Angel, Hasegawa, Ranker, Billig, Habib, Dammeier, Honeyford, Hewitt, Fain, O'Ban, Mullet, Liias, Roach, Hill, Fraser and Litzow

AN ACT Relating to providing women with timely information regarding their breast health; and adding a new section to chapter 70.54 RCW.

 

Referred to Committee on Health Care.

 

SB 6147  by Senators Roach, Takko, Dansel, Chase and Benton

AN ACT Relating to water-sewer districts; amending RCW 57.08.016 and 70.95A.020; adding a new section to chapter 57.20 RCW; and adding a new section to chapter 57.08 RCW.

 

Referred to Committee on Government Operations & Security.

 

SB 6148  by Senators Warnick, Keiser, Schoesler and Conway

AN ACT Relating to the handling of certain personal property in a self-service storage facility; and amending RCW 19.150.060 and 19.150.160.

 

Referred to Committee on Commerce & Labor.

 

SB 6149  by Senators Keiser, Conway, Jayapal, Cleveland, Rolfes, Fraser, Litzow, Fain, Nelson, Habib, Chase, Mullet, Liias, Pedersen, Takko, Hasegawa, Ranker, Frockt, Hill and Benton

AN ACT Relating to providing reasonable accommodations in the workplace for pregnant women; amending RCW 49.60.030 and 49.60.180; and adding a new section to chapter 49.60 RCW.

 

Referred to Committee on Commerce & Labor.

 

SB 6150  by Senators Honeyford, McCoy, Sheldon, Parlette and Chase

AN ACT Relating to increasing the available term of water pollution control revolving fund program loans to reflect the 2014 amendments to the federal clean water act allowing such an increase; and amending RCW 90.50A.010, 90.50A.020, 90.50A.030, 90.50A.040, and 90.50A.050.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 6151  by Senators Litzow, Fain, Pedersen and Frockt

AN ACT Relating to sexual assault protection orders; and amending RCW 7.90.120 and 7.90.121.

 

Referred to Committee on Law & Justice.

 

SB 6152  by Senators Hill, Habib, Pearson, Angel, Roach, Miloscia, Becker and Litzow

AN ACT Relating to operation of the Interstate 405 express toll lanes; amending RCW 47.56.880; and declaring an emergency.

 

Referred to Committee on Transportation.

 

SB 6153  by Senators Mullet and Angel

AN ACT Relating to the maintenance of certificates of title for manufactured homes; and adding a new section to chapter 46.12 RCW.

 

Referred to Committee on Financial Institutions & Insurance.

 

SB 6154  by Senators Miloscia, Rolfes, Pearson, O'Ban, Conway and McAuliffe

AN ACT Relating to creating an office of the corrections ombuds; adding a new chapter to Title 43 RCW; and prescribing penalties.

 

Referred to Committee on Law & Justice.

 

SB 6155  by Senators Roach, McCoy, Takko and Warnick

AN ACT Relating to county payroll draw days; and amending RCW 36.17.040.

 

Referred to Committee on Government Operations & Security.

 

SB 6156  by Senators Rivers, Keiser, Frockt, Miloscia, Pedersen, Litzow, O'Ban, Sheldon, Rolfes, Conway, Mullet, Hasegawa and Benton

AN ACT Relating to the medicaid fraud false claims act; and amending RCW 43.131.419 and 43.131.420.

 

Referred to Committee on Accountability & Reform.

 

SB 6157  by Senators Miloscia, Liias, Keiser, Litzow, McCoy, Chase, Conway, Pedersen, McAuliffe and Frockt

AN ACT Relating to protecting youth from tobacco products and vapor products by increasing the minimum legal age of sale of tobacco and vapor products; and amending RCW 70.155.005, 26.28.080, 70.155.010, 70.155.020, 70.155.030, 70.155.110, and 70.155.120.

 

Referred to Committee on Commerce & Labor.

 

SB 6158  by Senators Dammeier, Benton, Sheldon, Hargrove, Conway, Roach, Schoesler, Rivers, Angel, Pearson, Becker, Hobbs, Warnick, Baumgartner, Honeyford, Dansel, O'Ban, Padden and Chase

AN ACT Relating to the transfer of firearms at nonprofit fund-raising activities; and amending RCW 9.41.113.

 

Referred to Committee on Law & Justice.

 

SB 6159  by Senators Dammeier, Miloscia, Becker, Roach and Benton

AN ACT Relating to the appointment of independent counsel by counties to serve the public interest; amending RCW 36.27.040, 36.32.200, 43.10.030, and 43.10.232; adding a new section to chapter 43.10 RCW; and declaring an emergency.

 

Referred to Committee on Law & Justice.

 

SB 6160  by Senators O'Ban, Frockt, Fain, Hobbs, Nelson, Rolfes, Conway and Becker

AN ACT Relating to the manufacture, sale, distribution, and installation of motor vehicle air bags; amending RCW 46.37.640, 46.37.650, 46.37.660, 46.63.020, and 9.94A.515; and prescribing penalties.

 

Referred to Committee on Law & Justice.

 

SB 6161  by Senators Bailey, Frockt, Conway, McAuliffe and Hasegawa

AN ACT Relating to including certain residents who do not have a high school diploma or credential and the number of students expected to enroll in basic education for adults courses at community and technical colleges in caseload forecast council forecasting; amending RCW 43.88C.010; and creating a new section.

 

Referred to Committee on Higher Education.

 

SB 6162  by Senators Honeyford, Rolfes, Chase, Parlette, Pearson, Roach and Fraser

AN ACT Relating to the expiration date of the invasive species council and account; and amending RCW 79A.25.310 and 79A.25.370.

 

Referred to Committee on Natural Resources & Parks.

 

SB 6163  by Senators Billig, Baumgartner, Sheldon and McAuliffe

AN ACT Relating to charter schools; amending RCW 28A.710.010, 28A.710.020, 28A.710.030, 28A.710.040, 28A.710.050, 28A.710.060, 28A.710.100, 28A.710.130, 28A.710.140, 28A.710.160, 28A.710.170, 28A.710.180, 28A.710.190, 28A.710.200, 28A.710.210, 28A.710.220, 28A.710.230, 28A.710.240, 28A.150.010, 28A.315.005, 41.32.033, 41.35.035, 41.40.025, 41.56.0251, 41.59.031, and 28A.150.220; reenacting and amending RCW 41.05.011; adding new sections to chapter 28A.710 RCW; and repealing RCW 28A.710.005, 28A.710.070, 28A.710.080, 28A.710.090, 28A.710.110, 28A.710.120, 28A.710.150, and 28A.710.250.

 

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

 

SB 6164  by Senators Rivers, O'Ban and Hasegawa

AN ACT Relating to vacating prior misdemeanor convictions of youthful offenders; and reenacting and amending RCW 9.96.060.

 

Referred to Committee on Law & Justice.

 

SB 6165  by Senators Takko, Pearson, Sheldon and Benton

AN ACT Relating to short-barreled rifles; and amending RCW 9.41.190.

 

Referred to Committee on Law & Justice.

 

SB 6166  by Senators Takko, Rivers, Ericksen, Chase, Roach, Becker, Sheldon and Benton

AN ACT Relating to allowing incremental electricity produced as a result of certain capital investment projects to qualify as an eligible renewable resource under the energy independence act; and amending RCW 19.285.030 and 19.285.080.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 6167  by Senators Angel and Mullet

AN ACT Relating to the filing and public disclosure of health care provider compensation; reenacting and amending RCW 42.56.400; reenacting RCW 48.46.243; creating a new section; repealing RCW 48.44.070; and repealing 2015 c 122 s 24, 2015 c 17 s 16, and 2013 c 277 s 6 (uncodified).

 

Referred to Committee on Health Care.

 

SB 6168  by Senators Angel, Becker, Warnick and Benton

AN ACT Relating to removing drainage ditches from the definition of fish and wildlife habitat conservation areas in chapter 36.70A RCW; and amending RCW 36.70A.030.

 

Referred to Committee on Government Operations & Security.

 

SB 6169  by Senators Angel and Habib

AN ACT Relating to easements in property tax foreclosures; and amending RCW 36.35.290.

 

Referred to Committee on Government Operations & Security.

 

SB 6170  by Senators Roach, Darneille and Benton

AN ACT Relating to an exemption from disclosure of certain financial, commercial, and proprietary information submitted to or obtained by a city retirement board on behalf of its employees' retirement system; and amending RCW 42.56.270.

 

Referred to Committee on Government Operations & Security.

 

SB 6171  by Senators Roach, Liias and Benton

AN ACT Relating to civil penalties for knowing attendance by a member of a governing body at a meeting held in violation of the open public meetings act; amending RCW 42.30.120; and prescribing penalties.

 

Referred to Committee on Government Operations & Security.

 

SB 6172  by Senators Ericksen and Benton

AN ACT Relating to preliminary certifications under section 401 of the federal clean water act; adding a new section to chapter 90.48 RCW; and creating a new section.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 6173  by Senators Ericksen and Sheldon

AN ACT Relating to prohibiting rules and policies that limit greenhouse gas emissions; and adding a new section to chapter 70.94 RCW.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 6174  by Senators Ericksen, Fain and Sheldon

AN ACT Relating to ballot titles for initiatives to the people; amending RCW 29A.72.050; creating a new section; and declaring an emergency.

 

Referred to Committee on Government Operations & Security.

 

SB 6175  by Senator Ericksen

AN ACT Relating to watershed management actions by watershed improvement districts; amending RCW 39.34.190, 77.55.021, and 87.03.019; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 90.48 RCW; and adding a new section to chapter 90.58 RCW.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 6176  by Senator Ericksen

AN ACT Relating to requiring the utilities and transportation commission to consider policies that allow electrical companies to establish a user fee or other similar charge for electric vehicle supply equipment that is deployed for the benefit of ratepayers; and amending RCW 80.28.360.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 6177  by Senator Rivers

AN ACT Relating to the marijuana research license; and amending RCW 69.50.372 and 43.350.030.

 

Referred to Committee on Commerce & Labor.

 

SB 6178  by Senator Honeyford

AN ACT Relating to outdoor burning of organic waste derived from pruning by commercial berry growers; amending RCW 70.94.6514, 70.94.6524, and 70.94.6528; and creating a new section.

 

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

 

SB 6179  by Senator Honeyford

AN ACT Relating to water banking; and amending RCW 90.42.100 and 90.42.130.

 

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

 

SB 6180  by Senators King, Schoesler and Hasegawa

AN ACT Relating to the creation of a disadvantaged business enterprise advisory committee within the transportation commission; amending RCW 47.01.071; adding a new section to chapter 47.01 RCW; and making an appropriation.

 

Referred to Committee on Transportation.

 

SB 6181  by Senators Becker, Cleveland, Rivers, Hasegawa and McAuliffe

AN ACT Relating to changing the words "massage practitioner" and "animal massage practitioner" to "massage therapist" and "animal massage therapist"; amending RCW 18.108.025, 18.108.030, 18.108.040, 18.108.045, 18.108.070, 18.108.073, 18.108.085, 18.108.095, 18.108.115, 18.108.125, 18.108.131, 18.108.220, 18.108.230, 18.108.250, 18.120.020, 18.130.040, 18.240.005, 18.240.010, 18.240.020, 18.250.010, 35.21.692, 35A.82.025, 36.32.122, and 50.04.223; reenacting and amending RCW 18.108.010 and 18.74.010; creating a new section; and providing an effective date.

 

Referred to Committee on Health Care.

 

SB 6182  by Senators McAuliffe, Liias, Hasegawa, Fraser and McCoy

AN ACT Relating to high school assessments; amending RCW 28A.180.100, 28A.230.090, 28A.230.122, 28A.230.125, 28A.305.130, 28A.655.061, 28A.655.068, 28A.655.070, 28A.155.170, 28A.195.010, 28A.200.010, 28A.230.090, 28A.230.122, 28A.230.125, 28A.305.130, 28A.415.360, 28A.600.310, 28A.655.061, 28A.655.068, 28A.655.070, 28A.700.080, 28B.15.067, and 28B.15.520; adding a new section to chapter 28A.300 RCW; creating a new section; repealing RCW 28A.155.045, 28A.600.405, 28A.655.063, 28A.655.065, and 28A.655.066; and providing a contingent effective date.

 

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

 

SB 6183  by Senators McAuliffe, Rolfes, Conway, McCoy, Fraser and King

AN ACT Relating to local school district levy authority; amending RCW 84.52.0531, 28A.500.020, 28A.500.020, and 28A.500.030; amending 2013 c 242 s 10, 2012 1st sp.s. c 10 s 10, 2010 c 237 ss 9, 8, and 10, and 2013 2nd sp.s. c 4 s 1905 (uncodified); reenacting and amending RCW 84.52.0531 and 28A.500.030; providing effective dates; and providing expiration dates.

 

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

 

SB 6184  by Senators Habib, Roach, McAuliffe and Hasegawa

AN ACT Relating to the excise taxation of martial arts; amending RCW 82.04.050; creating new sections; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

SB 6185  by Senators Roach, Chase and Baumgartner

AN ACT Relating to repealing advisory votes; amending RCW 29A.32.031, 29A.32.070, 29A.72.040, 29A.72.250, and 29A.72.290; repealing RCW 29A.72.283, 29A.72.285, and 43.135.041; and creating a new section.

 

Referred to Committee on Government Operations & Security.

 

SB 6186  by Senators Roach, Dammeier, Padden, Braun and Baumgartner

AN ACT Relating to fee restrictions; amending RCW 43.135.031; and repealing RCW 43.135.055.

 

Referred to Committee on Government Operations & Security.

 

SB 6187  by Senators Litzow, Ranker, Fraser and Sheldon

AN ACT Relating to the authority of the pollution liability insurance agency; amending RCW 70.148.020, 70.148.900, 70.149.900, 82.23A.020, and 82.23A.902; reenacting and amending RCW 43.84.092 and 43.84.092; adding a new chapter to Title 70 RCW; making an appropriation; providing an effective date; providing a contingent effective date; providing expiration dates; and providing a contingent expiration date.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 6188  by Senators McCoy, Keiser, Rolfes, Chase, Ranker and Frockt

AN ACT Relating to distributed generation; amending RCW 82.16.120, 82.16.130, 82.08.962, 82.08.963, 82.12.962, and 82.12.963; adding new sections to chapter 82.16 RCW; adding a new section to chapter 70.95N RCW; and creating a new sections.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 6189  by Senators McCoy, Rolfes, Hasegawa, Chase, Conway, Liias, Roach, Fraser, McAuliffe, Jayapal and Frockt

AN ACT Relating to requiring teacher preparation programs to integrate Native American curriculum developed by the office of the superintendent of public instruction into existing Pacific Northwest history and government requirements; amending RCW 28B.10.710; and creating a new section.

 

Referred to Committee on Higher Education.

 

SB 6190  by Senators McCoy, Hasegawa, Rolfes, Chase, Liias, Pedersen, Fraser, Jayapal and Ranker

AN ACT Relating to prohibiting the term "Redskins" for school or athletic team names, mascots, or nicknames; adding a new section to chapter 28A.320 RCW; and creating a new section.

 

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

 

SB 6191  by Senators McCoy and Chase

AN ACT Relating to the treatment of wastewater; and amending RCW 90.48.160, 90.48.490, and 90.48.520.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 6192  by Senators McCoy, Rolfes, Hasegawa, Nelson, Jayapal, Chase, Conway, Liias, Fraser, McAuliffe and Frockt

AN ACT Relating to implementing strategies to close the educational opportunity gap, based on the recommendations of the educational opportunity gap oversight and accountability committee; amending RCW 28A.600.490, 28A.600.015, 28A.600.020, 28A.600.022, 43.41.400, 28A.405.106, 28A.405.120, 28A.180.040, 28A.180.090, 28A.300.042, 28A.300.505, 28A.300.507, 28A.165.035, 28A.165.055, and 28A.300.130; reenacting and amending RCW 13.50.010; adding a new section to chapter 28A.320 RCW; adding new sections to chapter 28A.345 RCW; adding new sections to chapter 28A.415 RCW; adding new sections to chapter 28A.657 RCW; adding a new section to chapter 43.215 RCW; adding a new section to chapter 28A.300 RCW; creating new sections; and providing expiration dates.

 

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

 

SB 6193  by Senator King

AN ACT Relating to clarifying the collection of fuel taxes within tribal jurisdictions; amending RCW 82.36.022, 82.36.026, 82.38.031, 82.38.035, and 82.38.035; providing an effective date; and providing an expiration date.

 

Referred to Committee on Transportation.

 

SB 6194  by Senators Litzow, Mullet, Fain, Hobbs, Becker, Rivers, O'Ban, Dammeier, Angel, Hill, Bailey, Sheldon, Miloscia, Braun, Baumgartner and King

AN ACT Relating to public schools that are not common schools; amending RCW 28A.150.310, 28A.185.040, 28A.193.080, 28A.205.070, 28A.215.060, 28A.715.040, and 28B.76.526; reenacting and amending RCW 28A.710.010, 28A.710.020, 28A.710.030, 28A.710.040, 28A.710.050, 28A.710.060, 28A.710.070, 28A.710.080, 28A.710.090, 28A.710.100, 28A.710.110, 28A.710.120, 28A.710.130, 28A.710.140, 28A.710.150, 28A.710.160, 28A.710.170, 28A.710.180, 28A.710.190, 28A.710.200, 28A.710.210, 28A.710.220, 28A.710.230, 28A.710.250, 28A.150.010, and 28A.315.005; reenacting RCW 28A.710.240, 28A.710.260, 41.32.033, 41.35.035, 41.40.025, 41.05.011, 41.56.0251, and 41.59.031; adding new sections to chapter 28A.710 RCW; adding a new section to chapter 28A.300 RCW; creating a new section; repealing RCW 28A.710.005; making appropriations; and declaring an emergency.

 

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

 

SB 6195  by Senators Rivers, Rolfes, Litzow and Billig

AN ACT Relating to basic education obligations; creating new sections; making appropriations; providing an expiration date; and declaring an emergency.

 

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

 

SJM 8015 by Senators Takko, Nelson, Conway, Rolfes and Frockt

Asking congress to call a limited convention, authorized under Article V of the United States Constitution, for the purpose of proposing a free and fair elections amendment to that Constitution.

 

Referred to Committee on Government Operations & Security.

 

SJM 8016 by Senators Rivers, Angel, Sheldon and Becker

Applying for a convention to propose amendments to the United States Constitution relating to fiscal restraints on the federal government, the power and jurisdiction of the federal government, and terms of office for federal officials and for members of Congress.

 

Referred to Committee on Government Operations & Security.

 

SJR 8208        by Senators Roach, Benton and Baumgartner

Requiring a two-thirds majority vote of the legislature to raise taxes, a majority vote to raise certain fees, and no advisory vote by the people on tax legislation.

 

Referred to Committee on Government Operations & Security.

 

SJR 8209        by Senators Roach, Pearson, O'Ban, Dammeier, Padden, Braun, Benton and Baumgartner

Requiring legislative action that raises taxes be approved by at least a two-thirds vote of both the senate and house of representatives.

 

Referred to Committee on Government Operations & Security.

 

SCR 8406 by Senators Fain and Rolfes

Establishing cutoff dates for the consideration of legislation during the 2016 regular session of the sixty-fourth legislature.

 

MOTION

 

On motion of Senator Fain, and without objection, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exceptions of Senate Bill No. 6156 which was referred to the Committee on Accountability & Reform and SB 6160 which was referred to the Committee on Law & Justice and Senate Concurrent Resolution No. 8406 which was placed on the second reading calendar.

 

MOTION

 

On motion of Senator Fain, and without objection, the Senate advanced to the sixth order of business.

 

SECOND READING

 

SENATE CONCURRENT RESOLUTION NO. 8406, by Senators Fain and Rolfes

 

  Establishing cutoff dates for the consideration of legislation during the 2016 regular session of the sixty-fourth legislature.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, Senate Concurrent Resolution No. 8406 was advanced to third reading, and the concurrent resolution was placed on final passage.

 

The President declared the question before the Senate to be the final passage of Senate Concurrent Resolution No. 8406.

 

SENATE CONCURRENT RESOLUTION NO. 8406 having received a majority was adopted by voice vote.

 

MOTION

 

On motion of Senator Fain, and without objection, the Senate reverted to the third order of business, messages from the Governor and state officers.

 

MESSAGE FROM THE GOVERNOR

VETO ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5785

 

May 18, 2015

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 5785 entitled:

"AN ACT Relating to the definition of official duties of state officers."

This bill changes definition of official duty for a state officer holding an elective office in the state Ethics Act. The definition is expanded to mean not only those duties prescribed in the state Constitution, state statutes or agency rules, legislatively funded or mandated authority and responsibilities, but also any activities described in an agency's strategic plan and tasks or action directly related to carrying out the state officer's other official duties.

I believe this is an unnecessary change to the Ethics Act. First, this legislation creates a different standard of ethics for elected officials. While they have different roles, I believe all public employees should be held to the same rules. Moreover, elected officials - as head of agencies - already define much of their job duties. There is no need to create an expanded definition of official duty. By doing so, we unnecessarily risk endangering the public's trust.

For these reasons I have vetoed Engrossed Substitute Senate Bill No. 5785 in its entirety.

 

Respectfully submitted,

Jay Inslee

Governor

 

MESSAGES FROM THE SECRETARY OF STATE

 

April 27, 2015

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislative Building

Olympia, WA 98504

 

Dear Lieutenant Governor Owen:

 

I respectfully transmit for your consideration Second Substitute Senate Bill 5052 which have been partially vetoed by the Governor, along with his objection to the bill, as required by Article III, section 12, of the Washington State Constitution.

IN TESTIMONY WHEREOF, I have signed and affixed the seal of the state of Washington the 27th day of April 2015

 

Kim Wyman

Secretary of State

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SECOND SUBSTITUTE SENATE BILL NO. 5052

 

April 24, 2015

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Sections 36, 42, 43, 44, 45, 46, and 52, Second Substitute Senate Bill No. 5052 entitled:

"AN ACT Relating to establishing the cannabis patient protection act."

After tremendous deliberation, compromise and hard work from our outstanding bipartisan sponsors and co-sponsors, committee chairs and ranking members from both houses, we have a measure that will create a medical marijuana system that works for our state.

I am committed to ensuring a system that serves patients well and makes medicine available in a safe and accessible manner, just like we would do for any medicine. That's what this bill strives to provide. It will help families of patients in real need.

As significant an accomplishment as this bill is for our state - and for patients to be ensured of having a safe place to get medicine they need - I know some remain concerned. These perspectives are important and compelling. I recognize the solution is not perfect. However, I do think this is far better than today's wholly unregulated system.

We will have options for patients and a system of strong enforcement to ensure public safety, especially for children. It is a good thing that this bill allows immediate enforcement of dispensaries to ensure they are not selling marijuana to kids.

I want to be clear that I am committed to implementing this law effectively by ensuring cooperatives are safe for patients in need, not sources of illicit diversion in our communities. To this end, I have directed the Liquor Control Board to work with the Attorney General's Office and local law enforcement to consider all options to ensure patient and public safety.

I also want to reassure you that the Department of Health will create an authorization form that will continue to honor the doctor-patient relationship.

While this bill takes a tremendous step forward, a large volume remains of unfinished work on marijuana tax policy, enforcement, local revenue sharing and funding for public health prevention programs. I strongly support efforts to address these items - and call on legislators to finish the job and provide the tools necessary to ensure a well-regulated and functioning marijuana market in our state.

I am vetoing the following sections:

Section 36. This section prohibits employers of health care providers from limiting medical marijuana recommendations to patients. This is an employment law provision that may cause confusion and potential unintended consequences. This section was added without adequate input. The sponsors of this legislation have also requested this provision be vetoed to allow time for further discussion to develop appropriate policy.

Sections 42 and 43. These sections remove from Schedule I of our state's Controlled Substances Act any medical marijuana product. This is a laudable idea and I appreciate the intent to reduce the stigma of medical marijuana by rescheduling it from a Schedule I - an illegal - controlled substance to something more appropriate. However, our state's rescheduling system has very limited effect, and rescheduling just medicinal marijuana - not the entire cannabis plant and derivatives - may cause serious problems such as having the unintended effect of limiting the types of marijuana that are considered medicine. To that end, I have instructed the Department of Health to thoroughly consider this idea in consultation with medical professionals and stakeholders, and bring an appropriate resolution to me and the Legislature by next year. Furthermore, I will continue to advocate for the federal government to consider a national rescheduling solution, which may be most beneficial, considering the limited power that state rescheduling has in this respect.

 

Sections 44, 45 and 46. These sections create new felonies in our criminal code. Washington state does not need additional criminal penalties related to medical marijuana. Moreover, these sections were added as part of the same amendment that created sections 42 and 43 that would have rescheduled medical marijuana. Because I have vetoed sections 42 and 43, sections 44, 45, and 46 are also unnecessary.

Section 52. This section makes Senate Bill 5052 contingent on the enactment of some version of House Bill 2136 by October 1, 2015. This contingent effective date causes confusion and potentially conflicts with other effective dates in Senate Bill 5052. In addition, if the Legislature is unable to pass a version of House Bill 2136, the Code Reviser's Office has advised me that this provision acts as a null and void clause, in which case we risk jeopardizing the integrity of the system created in this bill. I strongly agree with the need for additional policy and administrative changes to ensure a well- regulated and functioning marijuana market. However, this bill should not be made contingent on those changes.

For these reasons I have vetoed Sections 36, 42, 43, 44, 45, 46, and 52 of Second Substitute Senate Bill No. 5052.

With the exception of Sections 36, 42, 43, 44, 45, 46, and 52, Second Substitute Senate Bill No. 5052 is approved.

 

Respectfully submitted,

Jay Inslee

Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

April 27, 2015

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislative Building

Olympia, WA 98504

 

Dear Lieutenant Governor Owen:

 

I respectfully transmit for your consideration Substitute Senate Bill 5824 which have been partially vetoed by the Governor, along with his objection to the bill, as required by Article III, section 12, of the Washington State Constitution.

IN TESTIMONY WHEREOF, I have signed and affixed the seal of the state of Washington the 27th day of April 2015

 

Kim Wyman

Secretary of State

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SUBSTITUTE SENATE BILL NO. 5824

 

April 24, 2015

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Sections 6, and 8, Substitute Senate Bill No. 5824 entitled:

"AN ACT Relating to certain recreational guides."

Sections 6 and 8 of this bill are technical changes that are meant to simplify this chapter by placing game fish guide license fees in the same section as food fish guide license fees (RCW 77.64.440). However, House Bill 1232 and Senate Bill 5464 both contain a reference to the original location of the game fish guide license (RCW 77.65.480). To avoid creating a reference error, I am vetoing sections 6 and 8.

For these reasons I have vetoed Sections 6 and 8 of Substitute Senate Bill No. 5824.

With the exception of Sections 6 and 8, Substitute Senate Bill No. 5824 is approved.

 

Respectfully submitted,

Jay Inslee

Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

May 12, 2015

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislative Building

Olympia, WA 98504

 

Dear Lieutenant Governor Owen:

 

I respectfully transmit for your consideration Senate Bill 5024 which have been partially vetoed by the Governor, along with his objection to the bill, as required by Article III, section 12, of the Washington State Constitution.

IN TESTIMONY WHEREOF, I have signed and affixed the seal of the state of Washington the 12th day of May 2015

 

Kim Wyman

Secretary of State

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SENATE BILL NO. 5024

 

May 11, 2015

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Sections 19, 25, 48, 49, and 127, Senate Bill No. 5024 entitled:

"AN ACT Relating to conforming amendments made necessary by reorganizing and streamlining central service functions, powers, and duties of state government."

The following sections contain conflicting or double amendments to sections of law amended in legislation I have already signed into law and are not necessary:

Section 19 amends RCW 19.27A.020, which was also amended in House Bill No. 1011, already signed into law.

Section 25 amends RCW 27.48.040, which was also amended in Senate Bill No. 5176, already signed into law.

Sections 48 and 49 amend RCW 39.35C.050 and 39.35C.090, which were also amended in Senate Bill No. 5075, already signed into law.

Section 127 decodifies RCW 43.19.533, which was repealed in Senate Bill No. 5075, already signed into law.

For these reasons I have vetoed Sections 19, 25, 48, 49, and 127 of Senate Bill No. 5024.

 

With the exception of Sections 19, 25, 48, 49, and 127, Senate Bill No. 5024 is approved.

 

Respectfully submitted,

Jay Inslee

Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

May 12, 2015

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislative Building

Olympia, WA 98504

 

Dear Lieutenant Governor Owen:

 

I respectfully transmit for your consideration Substitute Senate Bill 5501 which have been partially vetoed by the Governor, along with his objection to the bill, as required by Article III, section 12, of the Washington State Constitution.

IN TESTIMONY WHEREOF, I have signed and affixed the seal of the state of Washington the 12th day of May 2015

 

Kim Wyman

Secretary of State

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SUBSTITUTE SENATE BILL NO. 5501

 

May 11, 2015

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 7, Substitute Senate Bill No. 5501 entitled:

"AN ACT Relating to the prevention of animal cruelty."

Section 7, by expanding the exceptions for "accepted husbandry practices" used in commercial farming to noncommercial farming, could potentially leave livestock and other animals subject to neglect or cruelty. Contrary to the purpose of this bill, animal control officers and prosecutors will have more difficulty enforcing animal cruelty laws in cases involving backyard farming and hobby farms.

For these reasons I have vetoed Section 7 of Substitute Senate Bill No. 5501.

With the exception of Section 7, Substitute Senate Bill No. 5501 is approved.

 

Respectfully submitted,

Jay Inslee

Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

May 18, 2015

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislative Building

Olympia, WA 98504

 

Dear Lieutenant Governor Owen:

 

I respectfully transmit for your consideration Engrossed Second Substitute Senate Bill 5564 which have been partially vetoed by the Governor, along with his objection to the bill, as required by Article III, section 12, of the Washington State Constitution.

IN TESTIMONY WHEREOF, I have signed and affixed the seal of the state of Washington the 18th day of May 2015

 

Kim Wyman

Secretary of State

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5564

 

May 14, 2015

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 39(2), Engrossed Second Substitute Senate Bill No. 5564 entitled:

"AN ACT Relating to decreasing the barriers to successful community participation for individuals involved with the juvenile justice system."

This bill lowers the financial burden on juvenile offenders and their families, making it more likely that they will be able to turn their lives around and be productive members of society. Section 39(2) eliminates the legal financial obligation associated with a diversion program. The revenue from the financial obligation in section 39(2) provides substantial funding for Community Youth Services, a diversion program in Thurston county that is very successful in providing diversion services to juveniles. It is vital to continue to provide adquate funds for these diversion services.

For these reasons I have vetoed Section 39(2) of Engrossed Second Substitute Senate Bill No. 5564.

With the exception of Section 39(2), Engrossed Second Substitute Senate Bill No. 5564 is approved.

 

Respectfully submitted,

Jay Inslee

Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

July 1, 2015

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislative Building

Olympia, WA 98504

 

Dear Lieutenant Governor Owen:

 

I respectfully transmit for your consideration Engrossed Substitute Senate Bill 6052 which have been partially vetoed by the Governor, along with his objection to the bill, as required by Article III, section 12, of the Washington State Constitution.

IN TESTIMONY WHEREOF, I have signed and affixed the seal of the state of Washington the 1st day of July 2015

 

Kim Wyman

Secretary of State

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6052

 

June 30, 2015

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Sections 130, page 27, line 29; 204(2)(f); 501(1)(f); 950(3); 963; and 1213, page 381, lines 6-7, Engrossed Substitute Senate Bill No. 6052 entitled:

"AN ACT Relating to fiscal matters."

Section 130, page 27, line 29, Office of Financial Management, Data Processing Revolving Account

The Data Processing Revolving Account will be abolished, effective January 1, 2016, pursuant to passage of Engrossed Second Substitute Senate Bill No. 5315. Because this appropriation to the Office of Financial Management is no longer necessary, I have vetoed Section 130, page 27, line 29.

Section 204(2)(f), pages 58-59, Department of Social and Health Services, Study on Clinical Role of Psychiatrists

This proviso requires the Department of Social and Health Services, within existing resources, to contract with a consultant to conduct a workload study and to examine the clinical role of psychiatrists at the state psychiatric hospitals with respect to patients who are the subject of both forensic and civil commitment. In addition to findings and recommendations on those topics, the consultant must identify factors other than compensation that are negatively affecting job retention for psychiatrists and make recommendations for addressing those issues. Although I welcome additional expertise to address factors that may influence job retention, funding is not provided for the cost of an independent contractor. For this reason, I have vetoed Section 204(2)(f).

Section 501(1)(f), page 126, Superintendent of Public Instruction, School District Accounting Rules and Reporting

This proviso requires the Superintendent of Public Instruction to revise the accounting rules for school districts, as well as accounting and financial information technology systems, to separate expenditures of levy and local effort assistance revenues from all other expenditures. It also requires additional detailed reporting of school district compensation data. The Superintendent estimated $400,000 would be needed to implement this proviso, and no funding was provided. In addition, the new rules and systems must be in place by the 2016-17 school year, leaving no time for the Superintendent to test the system with pilot districts prior to implementation. For these reasons, I have vetoed Section 501(1)(f).

Section 950(3), page 257, Law Enforcement Officers' and Firefighters' Retirement System (LEOFF) Distribution in 2017

I support funding for the Local Law Enforcement Officers' and Firefighters' Retirement System Benefits Improvement Account, and included funding for this account in my budget proposal. Rather than provide a General Fund--State appropriation to this account, the Legislature transferred money from the LEOFF retirement system pension fund to the benefits improvement account. While I am approving this one-time transfer, I am concerned that repeated transfers would undermine the stability of the pension fund and increase the cost of existing pension benefits for plan members, local governments, and the state of Washington. Because I believe that future funding for the benefits improvement account should be made through General Fund appropriations, as envisioned by the legislation that created that account, I am vetoing language that indicates legislative intent for future transfers from the pension fund. For this reason, I have vetoed Section 950(3).

Section 963, page 268, Life Sciences Discovery Fund

The Life Sciences Discovery Fund Authority (LSDFA) provides valuable and innovative research that improves the health of all Washingtonians. I am disappointed the Legislature could not come to an agreement on providing some new funding for the LSDFA. I am concerned that Section 963 unduly restricts the awarding of grants with money currently in the Life Sciences Discovery Fund and abruptly ends the work of the LSDFA. This prohibition also restricts the LSDFA from using new revenue provided by marijuana research licenses pursuant to Senate Bill No. 5121. We must provide maximum flexibility for the LSDFA to carry out its mission and expend all remaining money in the Life Sciences Discovery Fund. For these reasons, I have vetoed Section 963.

Section 1213, page 381, lines 6-7, Health Care Authority, Savings Through Waiver Request

The budget assumes that the Health Care Authority (HCA) can achieve General Fund--State savings in state fiscal year 2015 by, among several savings steps, seeking a waiver from the federal Centers for Medicare and Medicaid Services. This waiver would provide federal flexibility in the area of innovative reimbursement methods. The Centers for Medicare and Medicaid Services has indicated that it will not approve this waiver request, and therefore, the savings cannot be achieved. For this reason, I have vetoed Section 1213, page 381, lines 6-7, and directed HCA to place any unused funds in reserve status.

For these reasons I have vetoed Sections 130, page 27, line 29; 204(2)(f); 501(1)(f); 950(3); 963; and 1213, page 381, lines 6-7 of Engrossed Substitute Senate Bill No. 6052.

With the exception of Sections 130, page 27, line 29; 204(2)(f); 501(1)(f); 950(3); 963; and 1213, page 381, lines 6-7, Engrossed Substitute Senate Bill No. 6052 is approved.

 

Respectfully submitted,

Jay Inslee

Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

July 7, 2015

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislative Building

Olympia, WA 98504

 

Dear Lieutenant Governor Owen:

 

I respectfully transmit for your consideration Second Engrossed Substitute Senate Bill 5996 which have been partially vetoed by the Governor, along with his objection to the bill, as required by Article III, section 12, of the Washington State Constitution.

IN TESTIMONY WHEREOF, I have signed and affixed the seal of the state of Washington the 7th day of July 2015

 

Kim Wyman

Secretary of State

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5996

 

July 6, 2015

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 9, Second Engrossed Substitute Senate Bill No. 5996 entitled:

"AN ACT Relating to Washington state department of transportation projects."

This bill is one of several substantive transportation reform bills I am signing into law today. The goal of this particular bill is to streamline the environmental decision making process for transportation projects without sacrificing environmental protections. Section 9 contains additional reporting requirements for the Washington State Department of Transportation (WSDOT) on lean efforts and to complete a Baldridge assessment. I wholeheartedly support adequately measuring and reporting on performance metrics and lean management efforts. The transportation investment package, however, already includes a number of studies and reports WSDOT must complete and prioritize within available funding. The unfunded requirements in Section 9 of this bill unnecessarily hinder efforts to implement this and other reform bills.

For these reasons I have vetoed Section 9 of Second Engrossed Substitute Senate Bill No. 5996.

With the exception of Section 9, Second Engrossed Substitute Senate Bill No. 5996 is approved.

 

Respectfully submitted,

Jay Inslee

Governor

 

MESSAGE FROM THE SECRETARY OF STATE

 

July 17, 2015

 

The Honorable Brad Owen

Lieutenant Governor of Washington

Legislative Building

Olympia, WA 98504

 

Dear Lieutenant Governor Owen:

 

I respectfully transmit for your consideration Second Engrossed Substitute Senate Bill 5988 which have been partially vetoed by the Governor, along with his objection to the bill, as required by Article III, section 12, of the Washington State Constitution.

IN TESTIMONY WHEREOF, I have signed and affixed the seal of the state of Washington the 17 day of July 2015

 

Kim Wyman

Secretary of State

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5988

 

July 15, 2015

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 204, page 3, lines 31-35, and page 4, lines 1-15, Second Engrossed Substitute Senate Bill No. 5988 entitled:

"AN ACT Relating to additive transportation funding and appropriations."

Section 204, page 3, lines 31-35, and page 4, lines 1-15, Department of Transportation, Beaver Dams

This proviso creates a complicated process for managing beaver dams on private property that pose a threat to Washington state highways, individual personal property, and public safety. The proposed process would require the Washington State Department of Transportation to notify private property owners of impending threats from beaver dam failure, to produce wildlife management plans, and to provide potential remedies that could create liability for the state. Therefore, I have vetoed Section 204, page 3, lines 31-35, and page 4, lines 1-15.

For these reasons I have vetoed Section 204, page 3, lines 31-35, and page 4, lines 1-15 of Second Engrossed Substitute Senate Bill No. 5988.

With the exception of Section 204, page 3, lines 31-35, and page 4, lines 1-15, Second Engrossed Substitute Senate Bill No. 5988 is approved.

 

Respectfully submitted,

Jay Inslee

Governor

 

MOTION

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

 

MESSAGE FROM THE GOVERNOR

 

September 15, 2015

 

To the Honorable, the Senate

Of the State of Washington

 

Ladies and Gentlemen:

 

In compliance with the provisions of Article III, Section 11, of the Constitution of the state of Washington, the Governor herby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 2015 Regular and Special Sessions of the 64th Legislature, copies of which are attached.

 

Sincerely,

Nicholas W. Brown

General Counsel

 

Cc: Joby Shimomura, Chief of Staff

 

FULL AND UNCONDITIONAL PARDON

OF

ANTONY LOLO XCZAR

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on July 25, 2001, Antony Lolo Xczar assaulted an acquaintance. Mr. Xczar arrived home that evening and found a homeless acquaintance – who Mr. Xczar had allowed to stay at his home – and his acquaintance’s guest using drugs in Mr. Xczar’s apartment. After the two refused to leave Mr. Xczar’s apartment, he announced that he was going to phone the police. Mr. Xczar’s acquaintance then grabbed Mr. Xczar and began choking him. Mr. Xczar reached for a nearby golf club and swung it over his shoulder, striking his acquaintance in the head.

WHEREAS, on February 21, 2002, Mr. Xczar pleaded guilty to third degree assault in King County Superior Court, Cause No. 01-1-9798-5. The trial court sentenced Mr. Xczar to 90 days of confinement, including 60 days in partial confinement, and 30 days of community service under the supervision of the Department of Corrections. The trial court also imposed $1,920.00 in restitution to the victim and $10,919.07 to the Department of Social and Health Services.

WHEREAS, Mr. Xczar has accepted full responsibility for his actions and satisfied all of his sentence requirements. Following his sentence, he continued his education, earning two associate’s degrees from Seattle Central Community College, a bachelor’s degree from The Evergreen State College, and a master’s degree from the University of Washington. He has also devoted his life to serving others.

WHEREAS, Mr. Xczar has had no further criminal law violations since this 2001 incident.

WHEREAS, the Clemency and pardons Board reviewed Mr. Xczar’s petition for a pardon. The testimony before the Board was that Mr. Xczar has committed his life to service through a variety of church programs and social work. He also excelled in the classroom, achieving high academic marks and earing over 30 certificates of continued of continued education in addition to his degrees.

WHEREAS, Mr. Xczar’s conviction prevents him from pursuing a career in counseling, his desired profession. Some of the counseling-related licenses that Mr. Xczar obtained are temporary and only become permanent through completion of a given number of work hours. But many employers of counselors maintain policies that bar convicted felons from employment because those counselors must work in facilities in which convicted felons may not work.

WHEREAS, over 25 faith community members, school colleagues and instructors, potential employers, and friends voiced support for Mr. Xczar before the Clemency and Pardons Board either in person or in writing.

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

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Antony Lolo Xczar this FULL AND UNCONDITIONAL pardon of his conviction for third degree assault, King County Cause No. 01-1-9798-5.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 10th day of February, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDITIONAL PARDON

OF

TIMO TOIVO TORISTOJA

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on November 28, 1995, Timo Toivo Toristoja sold a baggy of what he believed to be controlled substance to an undercover detective from the Clark Skamania Drug Task Force.

WHEREAS, on October 7, 1996, Mr. Toristoja pleaded guilty to the amended charge, unlawful delivery of a controlled substance, amphetamine, in Clark County, Cause No. 95-1-02099-2. The trial court sentenced Mr. Toristoja to 135 days in Clark County jail with credit for 10 days served, and he served the remaining 125 days in a work release program.

WHEREAS, Mr. Toristoja accepted full responsibility for his actions and completed all of his sentence requirements, including a successful term in his work release program.

WHEREAS, Mr. Toristoja has had no further criminal law violations since this 1995 incident.

WHEREAS, the Clemency and Pardon’s Board twice reviewed Mr. Toristoja’s petition for a pardon. The testimony before the Board was that upon completion of his work release program, he secured employment for six years at a local shipyard. In the years since, Mr. Toristoja has started two Clark County business that employ approximately 60 people and generate approximately $7 million for the local economy. Mr. Toristoja works seven days a week to support his immediate family and many members of his extended family.

WHEREAS, Mr. Toristoja has partnered his businesses with the Clark County Work Release program, and he has hired 15 to 20 former felons as a work release program employer. He requires work release employees to pass urinalysis tests; and Mr. Toristoja estimates that half of his work release employees have not lapsed into criminal behavior. Though one of Mr. Toristoja’s businesses does not generate enough profit for him to take a salary, he continues to operate the business to provide these employment opportunities for others.

WHEREAS, Mr. Toristoja’s conviction prevents him from pursuing federal government contracts or securing larger lines of credit, opportunities that would otherwise allow his businesses to further expand and provide greater opportunities for employees in the Clark County area.

WHEREAS, community members, family members, employees, business clients and partners, and friends all voiced support for Mr. Toristoja before the Clemency and Pardons Board either in person or in writing.

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

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Timo Toivo Toristoja this FULL AND UNCONDITIONAL pardon of his conviction for unlawful delivery of a controlled substance, amphetamine, Clark County Cause No 95-1-02099-2.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 10th day of February, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDITIONAL PARDON

OF

JOSE ANTONIO FELICIANO

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Jose Antonio Feliciano pleaded guilty to two counts of fourth degree assault—domestic violence against his ex-wife, with offense dates of March 3, 1997, and May 20, 2001. During the 2001 incident, he also interfered with the victim’s reporting of the domestic violence.

WHEREAS, Mr. Feliciano accepts full responsibility for his past conduct in these incidents and expresses remorse, and he has satisfied all the conditions of his judgement and sentence, including completing a domestic violence program. He has continued his treatment and education beyond that mandated by his sentence; Mr. Feliciano has spoken with counselors and has attended meetings to better understand how domestic violence impacts one’s family and surrounding community.

WHEREAS, Mr. Feliciano has had no further criminal law violations since the 2001 incident involving his ex-wife, and his current wife has never feared Mr. Feliciano during their relationship together.

WHEREAS, Mr. Feliciano met his current wife in 2002 and together they have built what appears to be a stable family with five children.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Feliciano’s pardon petition. The testimony before the Board was that Mr. Feliciano volunteers at the Saint Francis House in Puyallup, feeding the homeless. Also, Mr. Feliciano has accrued 26 years of military service time, including two tours of duty overseas in Iraq. He currently serves full-time in the Washington Army National Guard.

WHEREAS, the presence of these two convictions on Mr. Feliciano’s record may prevent him from completing his military service and obtaining his full active-duty retirement.

WHEREAS, Mr. Feliciano’s ex-wife, the victim in these domestic violence incidents, fully supports Mr. Feliciano’s request for a pardon. Mr. Feliciano’s military superiors also support his petition so that he may continue his service.

WHEREAS, the Clemency and Pardons Board voted unanimously to recommend that Mr. Feliciano receive a full pardon and the Pierce County Prosecuting Attorney does not object to pardoning Mr. Feliciano.

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Jose Antonio Feliciano this FULL AND UNCONDITIONAL pardon of his convictions for fourth degree assault—domestic violence.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 10th day of February, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDITIONAL PARDON

OF

TERAN DOLORES-CORTEZ

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on December 11, 1996, a Tacoma police officer stopped then 20-year old Teran Dolores-Cortez as he was driving his vehicle. Five other individuals were with Mr. Dolores-Cortez in his vehicle, one of whom had an outstanding arrest warrant. The officer searched Delores-Cortez’s car incident to his passenger’s arrest and found cocaine on the vehicle’s passenger side.

WHEREAS, on January 9, 1997, Mr. Dolores-Cortez pleaded guilty to unlawful possession of a controlled substance, cocaine, in Pierce County Superior Court, Cause No. 96-1-4742-4. The trial court sentenced Mr. Dolores-Cortez to 29 days of confinement with credit for 29 days served.

WHEREAS, Mr. Dolores-Cortez has accepted full responsibility for his actions and completed all of his sentence requirements. Following this incident, Mr. Dolores-Cortez married and started a family, which he has worked full time to support. And he has become involved in his church, shuttling churchgoers to services, and volunteering at a local drug and alcohol rehabilitation center.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Dolores-Cortez’s petition for a pardon. The testimony before the Board was that Mr. Dolores-Cortez provides financial and emotional support to his family, which includes a wife and five children.

WHEREAS, Mr. Dolores-Cortez’s conviction will force his deportation from the United States and permanently bar him from legalizing his status and returning here to live with and support his family.

WHEREAS, Mr. Dolores-Cortez’s wife, friends coworkers, former employers, and pastor expressed support for Mr. Dolores-Cortez before the Clemency and Pardons Board either in person or in writing. They described Mr. Dolores-Cortez as a man of professionalism, honesty, and integrity.

WHEREAS, the Clemency and Pardons Board noted that this conviction, relating to a non-violent, victimless offense, dated to 1996. The Board voted unanimously to recommend that Mr. Dolores-Cortez be granted a full pardon.

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Teran Dolores-Cortez this FULL AND UNCONDITIONAL pardon of his conviction for unlawful possession of a controlled substance, cocaine, Pierce County Cause No. 96-1-4742-4.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 10th day of February, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

CONDITIONAL PARDON

OF

MUBARAK FAWWAZ ABDUR RAHEEM

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on November 9, 1999, Mubarak Fawwaz Abdur Raheem pleaded guilty to third degree theft and fourth degree assault in Kitsap County Superior Court, Cause No. 99-1-1194-3. This misdemeanor charges arose after Mr. Abdur Raheem took a pizza from a pizza delivery person without paying. At the time of this incident, Mr. Abdur Raheem was 18 years old.

WHEREAS, Mr. Abdur Raheem accepts full responsibility for his past conduct and expresses remorse, and he has satisfied all the conditions of his judgment and sentence, including completion of an anger management program and payment of his legal financial obligations. He has also completed a substance abuse program and overcome the addictions that contributed to his past criminal troubles. He continues to participate in this substance abuse program, sharing his story with others.

WHEREAS, Mr. Abdur Raheem has overcome a difficult upbringing and his past addictions, and he has had no criminal law violations since 2006. Mr. Abdur Raheem has earned two bachelor’s degrees from the University of Washington and a law degree from Lewis & Clark Law School. He has gained admission to the Washington State Bar Association. He now speaks to others struggling with substance abuse or criminal histories to offer his story to inspire and mentor students at an alternative highs school.

WHEREAS, Mr. Abdur Raheem is now married and raising a young daughter.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Abdur Raheem’s pardon petition, which included written support from friends, his substance abuse counselor, and members of the legal community, among others. Mr. Abdur Raheem also explained to the Board that he volunteers with the Oregon Islamic Chaplains Organization, feeding Portland’s homeless community, and raising public awareness for the needs of homeless public school children.

WHEREAS, the presence of these two misdemeanor convictions on Mr. Abdur Raheem’s record prevents him from pursuing his desired career goals, employment as a prosecuting attorney, or as an attorney in the United States Armed Forces.

WHEREAS, the Clemency and Pardons Board voted unanimously to recommend that Mr. Abdur Raheem receive a conditional pardon. The Kitsap County Prosecuting Attorney does not object to pardoning Mr. Abdur Raheem and supports him in his future endeavors.

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vest in me as Governor of the state of Washington, hereby grant to Mubarak Fawwaz Abdur Raheem this CONDITIONAL pardon of his convictions for third degree theft and fourth degree assault, in Kitsap County Cause No. 99-1-1194-3. This pardon is conditioned upon Mr. Abdur Raheem collecting no new criminal convictions.

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

 

Jay Inslee

Governor of Washington

 

REVOCATION OF CONDITIONAL COMMUTATION

OF

JOSEPH SCOTT WHARTON

 

To All to Whom these Presents Shall Come, Greetings:

 

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

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

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

WHEREAS, following Mr. Wharton’s Clemency and Pardons Board hearing on December 7, 2012, the Board issued a unanimous recommendation in support of a commutation of Mr. Wharton’s life without the possibility of parole sentence. King County Prosecutor Daniel Satterberg supported his conditional release; and the sentencing judge for his “third strike” offense, then-retired King County Superior Court Judge Michael J. Fox, supported a commutation.

WHEREAS, on July 30, 2013, I granted Mr. Wharton a conditional commutation subject to his completing a 24-month community custody term following his release and complying with numerous community custody conditions. These conditions required Mr. Wharton to, among other things, refrain from drug and alcohol use, participate in a residential treatment program and regularly report with a community corrections officer and subject himself to random urinalysis testing.

WHEREAS, in early October 2013, Mr. Wharton left his residential substance treatment program without permission. Following Mr. Wharton’s departure from his program, the Department of Corrections had reason to believe that he had consumed drugs and alcohol.

WHEREAS, on October 28, 2013, the Department of Corrections held a hearing to determine whether Mr. Wharton violated his community custody conditions. At this hearing, Mr. Wharton pleaded guilty to six different violations, including the use of methamphetamine. The hearing officer entered findings that Mr. Wharton violated these six different community custody conditions.

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington under RCW 10.01.120, revoke Mr. Wharton’s conditional commutation.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 19th day of February, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDITIONAL PARDON

OF

ANGUS BRENT TATE

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Angus Brent Tate pleaded guilty to SECOND DEGREE ARSON in July 1968, Yakima County Superior Court Cause No. 14894. He also pleaded guilty to SECOND DEGREE BURGLARY in February 1972, Yakima County Superior Court Cause No. 16735.

WHEREAS, Mr. Tate accepts full responsibility for his past conduct in these incidents, expresses remorse, and has satisfied the conditions of his judgements and sentences.

WHEREAS, Mr. Tate has had no further criminal law violations since the 1972 burglary, and following his release from prison, he has devoted his life to improving the lives of others in his community.

 

WHEREAS, Mr. Tate is married and has 16 grandchildren, 13 of whom he and his wife have helped raise. Mr. Tate and his wife currently have temporary custody of three of their young grandchildren whose parents suffer from addiction and are in and out of the justice system. When Mr. Tate and his wife took custody of these three grandchildren, the grandchildren were underweight and developmentally behind where they should be at their age. Since moving in with Mr. Tate and his wife, the grandchildren have made significant strides and are doing much better.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Tate’s pardon petition, which included over 40 letters of support from friends, family, and community members. The testimony before the Board was that, since his release from incarceration, Mr. Tate has dedicated his life to serving his community. He has been continuously employed for roughly 40 years. He has worked as a social worker for the state since 1986 and served as his church’s pastor for over 20 years.

WHEREAS, the presence of these two convictions on Mr. Tate’s record may prevent him from obtaining full legal custody of his grandchildren; and, if he does not obtain permanent custody, the grandchildren may be forced into foster care.

WHEREAS, the Clemency and Pardons Board voted unanimously to recommend that Mr. Tate receive a full pardon. The Yakima County Prosecuting Attorney does not object to pardoning Mr. Tate and commends his commitment to the community. Furthermore, the Indeterminate Sentence Review Board supports Mr. Tate’s petition.

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Angus Brent Tate this FULL AND UNCONDITIONAL pardon of his 1968 conviction for SECOND DEGREE ARSON and his 1972 conviction for SECOND DEGREE BURGLARY.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 13th day of March, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

 

FULL AND UNCONDITIONAL PARDON

OF

TAYLOR ROBINSON CHOYCE

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Taylor Robinson Choyce pleaded guilty to SECOND DEGREE ASSAULT in April 2001, Thurston County Superior Court Cause No. 00-1-1733-6. He was 18 years old at the time of the assault, when he chased, with a decorative sword, his two college roommates and their associate who had broken into his bedroom and were rummaging through his private belongings. In the course of the chase, Mr. Choyce stabbed the victim in the lower back with his sword, causing a two to three centimeter wound which resulted in no permanent damage.

WHEREAS, Mr. Choyce accepts full responsibility for his conduct in this incident, expresses remorse, and he has satisfied the conditions of his judgment and sentence, including paying all fines and costs.

 

WHEREAS, Mr. Choyce had no prior criminal conduct and has had no further criminal law violations in his life, aside from this single incident.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Choyce’s pardon petition, which included numerous letters of support from friends, family, and community members. The testimony before the Board was that, since this incident, Mr. Choyce has flourished, completing his education, finding steady employment, and starting a family.

WHEREAS, the sentencing judge, Judge Richard Strophy, testified at Mr. Choyce’s clemency hearing. He characterized Mr. Choyce’s conviction as “a miscarriage of justice,” given Mr. Choyce’s lack of criminal history and the circumstances of the offense. During the case’s prosecution, Judge Strophy felt so compelled by what he perceived as an injustice, that he did something he had never done before and would never do again during his 24 years on the Superior Court bench—he encouraged the parties to work out a deal whereby Mr. Choyce could avoid facing a felony. And because Judge Strophy felt so passionately that the State had overstepped its bounds by prosecuting Mr. Choyce for a felony, Judge Strophy testified on Mr. Choyce’s behalf before the Board.

WHEREAS, this conviction’s presence on Mr. Choyce’s record prevents him from pursuing his desired career opportunities. The conviction also prevents Mr. Choyce the opportunity to volunteer at Big Brothers.

WHEREAS, the Clemency and Pardons Board voted to recommend that Mr. Choyce receive a full pardon. The Thurston County Prosecuting Attorney expressed no objection to the pardon.

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Taylor Robinson Choyce this FULL AND UNCONDITIONAL pardon of his 2001 conviction for SECOND DEGREE ASSAULT.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 16th day of April, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

COMMUTATION

OF

SHAYNE LYLE ROCHESTER

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Shayne Lyle Rochester was found guilty of ATTEMPTED FIRST DEGREE ROBBERY including a firearm enhancement, in January 2010, King County Superior Court Cause No. 09-C-4235-3-SEA. Mr. Rochester drove to his former roommate’s residence with two women, who he knew were both armed with handguns, and directed them to collect money that Mr. Rochester’s former roommate owed him. The women entered the roommate’s home without permission and, after refusing to leave, produced their weapons and demanded money, before discharging an errant shot and fleeing. The State prosecuted Mr. Rochester as an attempted robbery accomplice; Mr. Rochester was found guilty and sentenced to 37 months for the robbery and 36 months on the firearm enhancement.

 

WHEREAS, Mr. Rochester successfully challenged an alleged jury instruction error on direct appeal, and Division One of the Court of Appeals overturned his firearm enhancement and its 36 month sentence, basing its decision on the Washington State Supreme Court’s opinion in State v. Bashaw, 169 Wn.2d 133, 234 P.3d 195 (2010). The State then appealed Division One’s ruling to the Washington Supreme Court, where it was stayed pending an anticipated ruling in a case that would reconsider the Bashaw opinion, State v. Nunez, 174 Wn.2d 707, 285 P.3d 21 (2012).

WHEREAS, following his successful direct appeal at Division One, Mr. Rochester was released from prison on his own personal recognizance, pending the stay in his case. At the time of his release, Mr. Rochester had served approximately 28 months of his 37 month sentence on his attempted first degree robbery conviction. The Department of Corrections, after factoring his earned release time, determined that Mr. Rochester had completed his robbery sentence.

WHEREAS, the Washington Supreme Court subsequently issued its anticipated decision in Nunez, overturning the decision in Bashaw. Consequently, our Supreme Court remanded Mr. Rochester’s case to Division One for action consistent with the Nunez opinion, and Division One affirmed Mr. Rochester’s firearm enhancement, along with its 36 month sentence. When Division One issued its opinion on remand, Mr. Rochester had been out of prison on his own person recognizance for over 13 months. Mr. Rochester has now been out of custody since October 2011, pending ongoing appeals associated with his case. Since his release from custody, Mr. Rochester has complied with the terms of his release.

WHEREAS, Mr. Rochester accepts full responsibility for his conduct in this incident and has expressed remorse. He has taken affirmative steps to confront and overcome his substance abuse additions, which led to this offense. Mr. Rochester has also established custody of his young son and has cultivated a strong relationship. He has dedicated himself to community groups that provide social rehabilitative support to parents in the child welfare and prison system.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Rochester’s clemency petition, which included several letters of support from his family, social workers, and other community members, including retired King County Superior Court Judge Anthony Wartnik. The victim of the offense and the King County Prosecuting Attorney’s Office also support Mr. Rochester’s clemency petition.

WHEREAS, denial of this clemency petition would return Mr. Rochester to prison for 36 months and cause great upheaval to his family. In a letter supporting Mr. Rochester’s petition, the Department of Social And Health Services expressed that the best interests of Mr. Rochester’s son would be served if Mr. Rochester were not returned to prison.

WHEREAS, at a March 14, 2014, clemency hearing, the Clemency and Pardons Board unanimously voted to recommend that Mr. Rochester’s 36 month sentence on his firearm enhancement be commuted; and,

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, adopt the recommendation of the Clemency and Pardons Board and herby COMMUTE Shayne Lyle Rochester’s 36 month sentence for his 2010 firearm enhancement on his ATTEMPTED FIRST DEGREE ROBBERY conviction.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 23rd day of July, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDITIONAL PARDON

OF

COREY JAMES EVERETT

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Corey James Everett pleaded guilty to SECOND DEGREE ARSON in November 1985, Adams County Superior Court Cause No. 85-1-44-7. He was 17 years old at the time of the arson, when, after a night of partying, he and another young friend ignited an onion storage shed that covered onion crates.

WHEREAS, Mr. Everett accepts full responsibility for his conduct in this incident, expresses remorse, and has satisfied the conditions of his judgement and sentence, paying fines and costs amounting to $3,126.99.

WHEREAS, at the time of the crime in 1985, Mr. Everett was 17 years old. Since that time, the scientific and criminal justice communities have learned a significant amount about juvenile brain development and the difficulty juveniles have in engaging in behavior control, often leading to transient rashness, proclivity for risk, and inability to assess the full consequences of one’s actions.

WHEREAS, Mr. Everett had no prior criminal conduct and has had no further criminal convictions in his life. Furthermore, since the date of the incident, Mr. Everett has not consumed drugs, and he has also quit drinking alcohol.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Everett’s clemency petition, which included a letter of support from Benton County Sheriff’s Lieutenant Robert Guerrero, Jr, and, the testimony before the Board was that from the time he was 16 years old, Mr. Everett lived alone and supported himself. Following this incident, Mr. Everett committed himself to his high school education and ultimately graduated.

WHEREAS, Mr. Everett is a valuable, contributing members of his Othello community. He has a family and for over 18 years he has been employed as a sanitation truck driver. He is also a member of a “Relay for Life” team as well as a long-time volunteer with the Othello Rodeo, Othello Sun Fair, and Adams County Fair. Recently, he was elected to serve the public as a member of the Othello City Council.

WHEREAS, the Clemency and Pardons Board voted to recommend that Mr. Everett receive a full pardon. Neither the Adams County Prosecuting Attorney, nor any victims of the crime, have expressed any objection to the pardon; and,

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the involved crime, and the favorable recommendation of the Washington State Clemency and Pardon’s board and, in light of the foregoing, I have determined that the best interests of justice will be served by this action.

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Corey James Everett this FULL AND UNCONDITIONAL pardon of his 1985 conviction for SECOND DEGREE ARSON.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 23rd day of July, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDITIONAL PARDON

OF

PATRICK BRYAN HITCHCOCK

 

To All to Whom these Presents Shall Come, Greetings:

 

WHEREAS, Patrick Bryan Hitchcock pleaded guilty to SECOND DEGREE THEFT in January 1990, Yakima County Superior Court Cause No. 89-1-2269-4. He was 18 years old at the time of the theft, when he and two friends took rolls of iron wired from an open field to recycle for cash.

WHEREAS, Mr. Hitchcock accepts full responsibility for his conduct in this incident, expresses remorse, and has satisfied the conditions of his judgment and sentence, paying fines and costs amounting the $852.51.

WHEREAS, in 1995 Mr. Hitchcock took the initiative to successfully overcome the addictions that fueled his earlier criminal behavior by committing himself to a 28 day inpatient treatment program followed by a 90 day out-patient program. Since 1995, he has had no criminal law convictions.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Hitchcock’s clemency petition, which included several letters of support from current and former employers, his landlord, and other community members. Retired Washington State Patrol Lieutenant Jeff Jones also offered his “highest recommendation” for Mr. Hitchcock.

WHEREAS, the testimony before the Board was that since Mr. Hitchcock conquered his addictions, he has become an upstanding citizen and contributing member in his community. He has been married for over 16 years and has a family, and he has been steadily employed.

WHEREAS, this conviction on Mr. Hitchcock’s record prevents him from volunteering to help his wife in her preschool classroom, and it precludes him from taking his son hunting.

WHEREAS, the Clemency and Pardons Board unanimously voted to recommend that Mr. Hitchcock receive a full pardon. The Yakima County Prosecuting Attorney wrote in support of Mr. Hitchcock’s petition, as did the victim of the theft; and,

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Patrick Bryan Hitchcock this FULL AND UNCONDITIONAL pardon of his 1990 conviction for SECOND DEGREE THEFT.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 23rd day of July, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDITONAL PARDON

OF

DeEDRA MARIE WATKINS

 

To All to Whom these Presents Shall Come, Greetings:

 

WHEREAS, DeEdra Marie Watkins was found guilty in Seattle Municipal Court of PROSTITUTION in November 1983, and PROSTITUTION and ESCAPE in July 1984. Ms. Watkins was just 16 and 17 years old at the time of these misdemeanor crimes, when an older man force her into the sex trade by beating her and threatening her and her family with violence.

 

WHEREAS, Ms. Watkins has overcome many of the difficulties from her past. She successfully completed her General Educational Development (GED) test. She also took the initiative to conquer her struggles with substance abuse. Ms. Watkins even launched her own cleaning business, which employed five people and served low-income customers before succumbing to the economic woes of recent years.

WHEREAS, the Clemency and Pardons Board reviewed Ms. Watkins’ clemency petition. It heard from Ms. Watkins and her cousin and former employer, who spoke of Ms. Watkins’ work ethic, her responsible character, and emotional growth over the years.

WHEREAS, these crimes on Ms. Watkins’ record have hindered her pursuit of the educational and career opportunities for which she was qualified and interested. This difficulty in finding work has challenged Ms. Watkins’ ability to support her family.

WHEREAS, these crimes also prevent Ms. Watkins from engaging in her grand-daughter’s school activities. Ms. Watkins also feels that she is uniquely positioned to help at-risk youth, but her criminal record precludes her from volunteering with many community organizations.

WHEREAS, the Seattle City Attorney’s Office does not oppose Ms. Watkins’ clemency petition.

WHEREAS, the Clemency and pardons Board unanimously voted to recommend that Ms. Watkins be pardoned; and,

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to DeEdra Marie Watkins this FULL AND UNCONDITIONAL pardon of her 1983 conviction for PROSTITUTION and her 1984 convictions for PROSTITUTION and ESCAPE.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 23rd day of July, A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDITIONAL PARDON

OF

KATIE ELIZABETH ARNDT

 

To All to Whom these Presents Shall Come, Greetings:

 

WHEREAS, in 2004, Katie Elizabeth Arndt pleaded guilty to THIRD DEGREE MALICIOUS MISCHEF—DOMESTIC VIOLENCE in Bremerton Municipal Court, Cause No. 10290612 and was sentenced to 365 days of confinement, with 335 suspended, and a $5,000 fine with $4,250 suspended. This gross misdemeanor charge arose after Ms. Arndt broke a window at her ex-boyfriend’s home in 2000.

WHEREAS, Ms. Arndt accepts full responsibility for her past conduct and expresses remorse, and she has satisfied all the conditions of her judgement and sentence, including completion of a domestic violence perpetrator’s treatment program and payment of her legal financial obligations.

WHEREAS, Mr. Arndt has overcome a difficult upbringing and past addictions, and she has engaged in no criminal activity since 2000. Ms. Arndt has earned an Associate of Arts degree from Spokane Falls Community College with honors, and is currently in nursing school, preparing to become a registered nurse. This gross misdemeanor domestic violence conviction on Ms. Arndt’s record, however, prevents her from pursuing her goal of a nursing career.

WHEREAS, the Clemency and Pardons Board reviewed Ms. Arndt’s pardon petition, which included numerous letters of support including a letter from the victim; and, the Office of the Kitsap County Prosecuting Attorney has commended her rehabilitation efforts and does not oppose her petition.

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

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, herby grant to Katie Elizabeth Arndt this FULL AND UNCONDITIONAL pardon of her conviction for THIRED DEGREE MALICIOUS MISCHIEF—DOMESTICE VIOLENCE, in Kitsap County Cause No. 10290612, so that she may fully pursue her career goals and employment opportunities.

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

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDTIONAL PARDON

OF

JAMIE STEPHEN SETTLE

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1997, Jamie Stephen Settle pleaded guilty to THIRD DEGREE ASSAULT in Thurston County Superior Court, Cause No. 97-1-2163-8 and was sentenced to confinement for 30 days, community supervision for 12 months, and $610.00 in fines. This felony charge arose from a 1997 incident in which Mr. Settle unlawfully entered the victim’s home, searching for his ex-girlfriend, and struck the victim with his fists.

WHEREAS, Mr. Settle accepts full responsibility for his conduct and expresses remorse, and he has satisfied all the conditions of his judgement and sentence, including completion of an anger management program and prompt payment of his legal financial obligations. Since this offense, he has had no further criminal convictions.

WHEREAS, Mr. Settle is now married and raising two young children, and he built the home in which they currently live. In February 2013 Mr. Settle was diagnosed with terminal Glioblastoma Multiform State IV brain cancer. Prior to his diagnosis, Mr. Settle was a full-time student at Centralia Community College pursuing a career in electrical; engineering.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Settle’s petition for a pardon, which included letters of support that indicate that since this criminal incident, Mr. Settle has found steady employment, pursued education, and devoted himself to his family. The Clemency and Pardons Board voted unanimously to recommend that Mr. Settle receive a full pardon. The Thurston County Prosecuting Attorney expressed no objection to Mr. Settle’s petition.

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, herby grant to Jamie Stephen Settle this FULL AND UNCONDITIONAL pardon of his conviction for THIRD DEGREE ASSAULT in Thurston County Superior Court, Cause No. 97-1-2163-8.

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

 

Jay Inslee

Governor of Washington

 

CONDITIONAL COMMUTATION

OF

ORLANDO WADE AMES

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on December 7, 1994, Orlando Wade Ames was charged with SECOND DEGREE ASSAULT in King County Superior Court, Cause No. 94-1-08084-5, and sentenced to Life Without the Possibility of Parole (LWOP) under the Persistent Offender Accountability Act, otherwise known as the “Three Strikes” law, after he assaulted a male who was unknown to him at the time. Prior to this, in the 1980s, Mr. Ames had been convicted of first degree robbery for threatening a taxi driver in order to take the driver‘s money; he had also been convicted of second degree robbery for assaulting a commuter and taking some of the commuter’s belongings. Mr. Ames served lengthy sentences on each of these earlier convictions.

WHEREAS, Mr. Ames accepts full responsibility for his conduct in this incident, and he expresses remorse. He has been in prison since 1995, almost 20 years. Since 1998, Mr. Ames has received just three minor infractions while incarcerated, and sine 2004 he has been a model prisoner, receiving no infractions. Mr. Ames has also seized every opportunity to improve himself while in prison. He has completed anger management, conflict resolution, and non-violence related courses; and, in 2012 he earned his Associates’ Degree from Ohio University.

WHEREAS, Mr. Ames has developed heart disease that has resulted in multiple surgeries, and doctors inserted a stint and implantable cardioverter defibrillator into his chest.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Ames’s clemency petition, which included several letters of support from his family and other community members. King County Prosecutor Daniel Satterberg personally voiced support for Mr. Ames’s commutation and testified at his hearing, explaining that if the King County Prosecutor’s Officer were prosecuting Mr. Ames’s case today, it would seek a determinate sentence much shorter than the life sentence Mr. Ames received. The judge that sentenced Mr. Ames also conveyed his support for Mr. Ames’s commutation.

WHEREAS, the testimony before the Board was that Mr. Ames’s support network will not only support him emotionally and help him transition to life outside of prison, but it will provide him a place to live and employment opportunities upon his release. The State believes that Mr. Ames’ risk of reoffending is low.

WHEREAS, the Clemency and Pardons Board unanimously voted to recommend that the Governor CONDITIONALLY COMMUTE Mr. Ames’s sentence based upon a transition plan directed by the Department of Corrections.

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, adopt the recommendation of the Clemency and Pardons Board and hereby COMMUTE Orlando Wade Ames’s sentence for his 1995 SECOND DEGREE ASSAULT conviction, conditioned on his agreement to comply with all terms outlined by the Department of Corrections in a transition plans, as well as any conditions set forth by the Department of Corrections and its community corrections officers. These conditions shall include, but not be limited to, the following:

Mr. Ames shall:

1.    Obey all laws;

2.    Fully comply and abide by all conditions set forth by the Department of Corrections and his community corrections officer;

3.    Enter and successfully complete identified interventions, based on his eligibility, to assist in improving his skills, relationships, and ability to stay crime free;

4.    Not consume or possess alcohol;

5.    Not consume or possess controlled substances, including marijuana;

6.    Not possess forearms or other dangerous weapons;

7.    Obtains a substance abuse evaluation and follow all treatment recommendations;

8.     Participate in and successfully complete Thinking for a Change or other programs as directed by his community corrections officer; and

9.    Submit to searches of himself, his home, vehicle, and property.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 14th day of November A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

AMENDED CONDITIONAL COMMUTATION

OF

ORLANDO WADE AMES

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on December 7, 1994, Orlando Wade Ames was charged with SECOND DEGREE ASSAULT in King County Superior Court, Cause No. 94-1-08084-5, and sentenced to Life Without the Possibility of Parole (LWOP) under the Persistent Offender Accountability Act, otherwise known as the “Three Strikes” law, after he assaulted a male who was unknown to him at the time. Prior to this, in the 1980s, Mr. Ames had been convicted of first degree robbery for threatening a taxi driver in order to take the driver‘s money; he had also been convicted of second degree robbery for assaulting a commuter and taking some of the commuter’s belongings. Mr. Ames served lengthy sentences on each of these earlier convictions.

WHEREAS, Mr. Ames accepts full responsibility for his conduct in this incident, and he expresses remorse. He has been in prison since 1995, almost 20 years. Since 1998, Mr. Ames has received just three minor infractions while incarcerated, and sine 2004 he has been a model prisoner, receiving no infractions. Mr. Ames has also seized every opportunity to improve himself while in prison. He has completed anger management, conflict resolution, and non-violence related courses; and, in 2012 he earned his Associates’ Degree from Ohio University.

 

WHEREAS, Mr. Ames has developed heart disease that has resulted in multiple surgeries, and doctors inserted a stint and implantable cardioverter defibrillator into his chest.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Ames’s clemency petition, which included several letters of support from his family and other community members. King County Prosecutor Daniel Satterberg personally voiced support for Mr. Ames’s commutation and testified at his hearing, explaining that if the King County Prosecutor’s Officer were prosecuting Mr. Ames’s case today, it would seek a determinate sentence much shorter than the life sentence Mr. Ames received. The judge that sentenced Mr. Ames also conveyed his support for Mr. Ames’s commutation.

WHEREAS, the testimony before the Board was that Mr. Ames’s support network will not only support him emotionally and help him transition to life outside of prison, but it will provide him a place to live and employment opportunities upon his release. The State believes that Mr. Ames’ risk of reoffending is low.

WHEREAS, the Clemency and Pardons Board unanimously voted to recommend that the Governor CONDITIONALLY COMMUTE Mr. Ames’s sentence based upon a transition plan directed by the Department of Corrections.

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, adopt the recommendation of the Clemency and Pardons Board and hereby COMMUTE Orlando Wade Ames’s sentence for his 1995 SECOND DEGREE ASSAULT conviction, conditioned on his agreement to comply with all terms outlined by the Department of Corrections in a transition plan. Under this transition plan, Mr. Ames will complete 12 months in custody, to terminate no later than December 1, 2015. Following this in-custody period, Mr. Ames will serve an additional 12 months of community custody, to end no later than December 1, 2016. During this transition, Mr. Ames will comply with any conditions set forth by the Department of Corrections its community corrections officers. These conditions shall include, but not be limited to, the following:

Mr. Ames shall:

1.    Obey all laws;

2.    Fully comply and abide by all conditions set forth by the Department of Corrections and his community corrections officer;

3.    Enter and successfully complete identified interventions, based on his eligibility, to assist in improving his skills, relationships, and ability to stay crime free;

4.    Not consume or possess alcohol;

5.    Not consume or possess controlled substances, including marijuana;

6.    Not possess forearms or other dangerous weapons;

7.    Obtains a substance abuse evaluation and follow all treatment recommendations;

8.     Participate in and successfully complete Thinking for a Change or other programs as directed by his community corrections officer; and

9.    Submit to searches of himself, his home, vehicle, and property.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 26th day of November A. D., two thousand and fourteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDITIONAL PARDON

OF

SIGIFREDO BUENO

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 2005, Sigifredo Bueno pleaded guilty to CONSPIRACY TO DELIVER A CONTROLLED SUBSTANCE—METHAMPHETAMINE in Yakima County Superior Court, Cause No. 04-1-01707-1. Mr. Bueno had been riding in a vehicle with his brother-in-law, when they picked up two other individuals, who were then dropped off and picked up again later after participating in a methamphetamine delivery. Mr. Bueno pleaded guilty to conspiring to commit the delivery, in large part on the advice of his counsel, who had expressed that a conspiracy conviction would not be a deportable offense.

WHEREAS, Mr. Bueno accepts full responsibility for his past conduct and expresses remorse, and he has satisfied all the conditions of his judgement and sentence, including paying $2,810 in legal financial obligations.

WHEREAS, Mr. Bueno’s conviction puts him at risk for deportation. And, Mr. Bueno’s wife was severely injured years ago in a work accident; now disabled, she relies on Mr. Bueno to support and care for her. Mr. Bueno is also raising two young children, who to date, have excelled in school and extracurricular activities, and he has been a driving factor behind their success. Additionally, in its past, Mr. Bueno’s family has been a victim of extreme violence in Mexico, and if deported, he fears that he would be subject to continued violence.

WHEREAS, the Clemency and Pardon’s Board reviewed Mr. Bueno’s pardon petition, which included numerous letters of support from community members. The Yakima County Prosecuting Attorney does not oppose his petition.

WHEREAS, the Clemency and Pardons Board voted unanimously to recommend that Mr. Bueno be granted a full pardon. In recommending a pardon, the Board noted the disproportionate effect that this relatively minor crime would have on Mr. Bueno, his family, and his community, were he to be deported; and,

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

NOW, THEREFORE, I,  Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Sigifredo Bueno this FULL AND UNCONDITIONAL PARDON of his conviction for CONSPIRACTY TO DELIVER A CONTROLLED SUBSTUANCE—METHAMPHETAMINE, in Yakima County Superior Court Cause No. 04-1-01707-1.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 7th day of January A. D., two thousand and fifteen.

 

Jay Inslee

Governor of Washington

 

FULL AND UNCONDTIONAL PARDON

OF

PETER JOHN NEVERS

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Peter John Nevers pleaded guilty to THIRD DEGREE RAPE OF A CHILD in May of 1997, Spokane County Superior Court Cause No. 96-1-2457-1.When Mr. Nevers was 26 years old in 1996, he engaged in a sexual relationship with his then 14-year old girlfriend.

WHEREAS, Mr. Nevers accepts full responsibility for his conduct in this incident, expresses remorse, and has satisfied the conditions of his judgement and sentence, including paying fines and costs. And, he has no other criminal history on his record.

WHEREAS, following his incarceration for this conviction, Mr. Nevers rekindled his relationship with the victim in this case. They married in 2002 and are now raising a family.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Nevers’ clemency petition, which included several letters of support from his family and other community members. The Board also received letters of strong support from the victim and her family.

WHEREAS, Mr. Nevers’ wife passionately advocated on Mr. Nevers’ behalf, describing Mr. Nevers as a great person, husband, and father who has sufficiently paid his debt to society for his past conduct. She discussed how the conviction on Mr. Nervers’ record prevents him from securing meaningful, steady employment, thus hurting not only Mr. Nevers, but also her and their family.

WHEREAS, Mr. Nevers agreed to undergo a psychological/sexual risk assessment, and the test results concluded that he poses a “very low risk” of sexual recidivism.

WHEREAS, the Clemency and Pardons Board unanimously voted to recommend that Mr. Nevers be pardoned; and,

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, hereby grant to Peter John Nevers this FULL AND UNCONDITIONAL pardon of his 1997 conviction for THIRD DEGREE RAPE OF A CHILD.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 7th day of January A. D., two thousand and fifteen.

 

Jay Inslee

Governor of Washington

 

CONDITIONAL COMMUTATION

OF

JOHN WILLIAM WHEELER

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on April 13, 1999, John William Wheeler was found guilty of two counts of SECOND DEGREE ROBBERY in King County Superior Court, Cause No. 98-1-01231-1, and he was sentenced to Life Without the Possibility of Parole under the Persistent Offender Accountability Act, otherwise known as the “Three Strikes” law. These convictions are the last of four total second degree robbery convictions on Mr. Wheeler’s record that date to 1988. During none of Mr. Wheeler’s robberies did he carry a firearm, nor did he ever cause serious physical injury to any victim.

WHEREAS, Mr. Wheeler accepts full responsibility for his conduct in this incident, and he expresses remorse. He has overcome the chemical addictions that contributed to his criminal behavior. He has been in prison since 1999, and since 2001, Mr. Wheeler has been a model prisoner, receiving no infractions. Mr. Wheeler has also seized numerous opportunities to improve himself while in prison, completing various classes and programs; and, in 2000 he earned his General Education Diploma.

WHEREAS, Mr. Wheeler is now 65 years old, and suffers from diabetes, mild hypertension, and Hepatitis C.

WHEREAS, the Clemency and Pardons Board reviewed Mr. Wheeler’s clemency petition, which included several letters of support from his family and other community members. The King County Prosecuting Attorney’s Office also supported Mr. Wheeler’s commutation petition and testified at this hearing, explaining the Mr. Wheeler has served a disproportionately lengthy sentence for the low-level strike offenses that he committed, and he currently exhibits a low-risk of recidivism.

WHEREAS, the testimony before the Board was that Mr. Wheeler’s support network will not only support him emotionally and help him transition to life outside of prison, but it will provide him a place to live and employment opportunities upon release.

WHEREAS, the Clemency and Pardons Board unanimously voted to recommend that the governor conditionally COMMUTE Mr. Wheeler’s sentence, contingent upon his completion of a substance abuse class. Since his clemency hearing, Mr. Wheeler has completed this substance abuse class; and

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

NOW, THEREFORE, I, Jay Inslee, by virtue of the power vested in me as Governor of the state of Washington, adopt the recommendation of the Clemency and Pardons Board and hereby COMMUTE John William Wheeler’s 1999 sentence for two SECOND DEGREE ROBBERY convictions, conditioned on his agreement to comply with all terms outlined by the Department of Corrections (DOC) in a transition plan. Under this transition plan, Mr. Wheeler will complete 12 months in custody, to terminate no later than January 1, 2016. Following this in-custody period, Mr. Wheeler will serve an additional 12 months of community custody, to end no later than January 1, 2017. During this transition, Mr. Wheeler will comply with any conditions set forth by the DOC and its community corrections officers (CCO). These conditions shall include, but no be limited to the following:

Mr. Wheeler shall:

1      Report as directed and be available for contact with the DOC;

2      Remain in a geographic area as directed by his CCO;

3      Participate in DOC approved education, employment and/or community service obligations, to include additional chemical dependency treatment if appropriate;

4      Receive prior approval from DOC for living arrangements and residence locations;

5      Notify his CCO before changing residence or employment;

6      Abide by written and verbal instructions issued by the CCO;

7      Not possess, receive, ship, or transport any explosive device, dangerous weapons, ammunition or firearms;

8      Not consume or possess controlled substances without a legal prescription;

9      Abstain from alcohol and marijuana use and possession;

10   Have no direct or indirect contact with any victims and/or their families;

11   Participate in electronic monitoring as directed by the CCO; and

12   Comply with all conditions of community custody as directed by the CCO.

PROVIDED that Mr. Wheeler shall remain under the supervision of the DOC and explicitly follow conditions established by that agency during the term of his community custody. Violation of any of the above conditions shall result in sanctions as deemed appropriate by the DOC and may result in the termination of this conditional commutation as provided below. The Department may require Mr. Wheeler to perform affirmative acts deemed appropriate to monitor compliance with the conditions and may issue warrants or detain Mr. Wheeler if he violates a condition.

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

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

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia on this 7th day of January A. D., two thousand and fifteen.

 

Jay Inslee

Governor of Washington

 

MESSAGES FROM OTHER STATE OFFICERS

 

January 11, 2016

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentleman:

 

For your information, the following reports have been submitted by the various agencies, departments, and taskforces and received by the Office of the Secretary of the Senate since the close of the previous session:

 

From the Department of Agriculture - "Cost-Recovery Mechanism to Support Raw Milk Inspections and Testing Activities", in accordance with Engrossed Substitute Senate Bill No. 6052 and "Levels of Nonnutritive Substances in Fertilizers, 2015 Report", pursuant to 15.54.433 RCW;

From the Department of Corrections - "Prison Overtime Usage 2015 Report", in accordance with Engrossed Substitute Senate Bill No. 6052;

"Staff Safety, 2015 Report", pursuant to 72.09.680 RCW;

"Staff Safety, 2011 Report", in accordance with Engrossed Senate Bill No. 5907;

"Staff Safety, 2011 Report Appendix", in accordance with Engrossed Senate Bill No. 5907,and

"Felony Drug Grid Sentencing Comparison, 2015 Preliminary Report to the Legislature", in accordance with Second Engrossed Substitute Senate Bill No. 5892

From the Administrative Office of the Courts - "Dependent Children in Washington: Case Timeliness and Outcomes, 2014 Annual Report", pursuant to 13.34.820 RCW,

"Dependent Children in Washington: Timeliness of Dependency Case Processing, 2009 Annual Report", pursuant to 13.34.820 RCW,

"Dependent Children in Washington: Timeliness of Dependency Case Processing, 2010 Annual Report", pursuant to 13.34.820 RCW,

"Dependent Children in Washington: Timeliness of Dependency Case Processing, 2011 Annual Report", pursuant to 13.34.820 RCW,

"Dependent Children in Washington: Case Timeliness and Outcomes, 2013 Annual Report", pursuant to 13.34.820 RCW,

"Dependent Children in Washington: Case Timeliness and Outcomes, 2012 Annual Report", pursuant to 13.34.820 RCW,

"Residential Time Summary Report, July 2009 - June 2010", pursuant to 26.18.230 RCW,and

"Residential Time Summary Report, January - December 2013", pursuant to 26.18.230 RCW;

From the Department of Early Learning - "Early Learning Compensation Rates Comparison", pursuant to 43.215.020 RCW and "Child Welfare and Early Learning Partnerships", in accordance with Engrossed Substitute House Bill No. 2519;

From the Department of Ecology - "Mitigation Options for Domestic Water Use in the Yakima Basin", in accordance with Engrossed Substitute Senate Bill No. 6052, "Levels of Nonnutritive Substances in Fertilizers, 2015 Report", pursuant to 15.54.433 RCW and "Cleanup Settlement Account, Report for Fiscal Years 2014 and 2015", pursuant to 70.105D.130 RCW;

From the Employment Security Department - "WorkFirst Wage Progression and Returns Report: through second quarter 2014", pursuant to 74.08A.411 RCW and "WorkFirst Wage Progression and Returns Report: through first quarter 2014", pursuant to 74.08A.411 RCW;

From the Office of Financial Management - "Information Technology Expenditures", in accordance with 3Engrossed Substitute Senate Bill No. 5034 and "Independent Examination of Department of Commerce Expenditure for Private for-Profit Rental Housing", in accordance with Engrossed Substitute Senate Bill No. 5875;

From the Health Care Authority - "PEBB Annual Report of Customer Service Complaints and Appeals, 2015 Report", pursuant to 41.05.630 RCW and "Bree Collaborative Annual Report", in accordance with Engrossed Substitute House Bill No. 1311;

From the Washington State Health Insurance Pool (WSHIP) - "Health Insurance Pool after the Affordable Care Act", pursuant to 48.41.240 RCW;

From the Office of the Insurance Commissioner - "K-12 School District Health Benefits and Data Collection Project, Year 3 Report", in accordance with Engrossed Substitute Senate Bill No. 5940;

From the Department of Labor and Industries - "Contractor Compliance Activity - 2015 Report to the Legislature", pursuant to 18.27.342 RCW;

From the Department of Licensing - "Facial Recognition Matching System Annual Report", pursuant to 46.20.0371 RCW, "Tribal Fuel Tax Agreement, 2014 Report", pursuant to 82.38.310 RCW and "Driver & Vehicle Services Fee Study, 2013-2015 Report", pursuant to 46.01.360 RCW;

From the Office of the Superintendent of Public Instruction, - "Kindergarten Inventory of Developing Skills (WaKIDS) Workgroup Recommendations", pursuant to 28A.655.080 RCW;

"School Transportation Efficiency", pursuant to 28A.160.117 RCW;

"Gang Activities in Schools", pursuant to 28A.300.490 RCW;

"Open Educational Resources Project", pursuant to 28A.300.803 RCW;

"Safety Net Survey, 2014-15", pursuant to 28A.150.392 RCW;

"Educational Technology Assessments, 2014-15 School Year", pursuant to 28A.655.075 RCW;

"Post-School Outcomes for Students with Disabilities", pursuant to 28A.155.220 RCW;

"Dual Credit Demographic Data Among Academic Acceleration Grantees", pursuant to 28A.320.196 RCW;

"Dropout Prevention, Intervention and Reengagement, 2015 Report (Building Bridges)", pursuant to 28A.175.075 RCW;

"Collaborative Schools for Innovation and Success Pilot Project", pursuant to 28A.630.106 RCW;

"Financial Education Public-Private Partnership", pursuant to 28A.300.460 RCW;

From the Department of Revenue - "Underground Economy Benchmark Report for 2015", pursuant to 18.27.800 RCW and "Tax Incentive Programs Descriptive Statistics, Report Covering Calendar Year 2014 Activity", pursuant to 82.32.534 RCW;

From Sea Grant Washington - "Shellfish Aquaculture in Washington State", in accordance with Third Engrossed Substitute Senate Bill No. 5034;

From the Office of the Secretary of State - "Paper Records Reduction Workgroup Report to the Legislature", in accordance with Engrossed Substitute Senate Bill No. 6002;

From the Sexual Assault Forensic Examination Best Practices Task Force - "2015 Preliminary Report", in accordance with Substitute House Bill No. 1068;

From the County of Snohomish - "Substance Abuse Treatment Options, Snohomish County", in accordance with Second Substitute House Bill No. 2627;

From the Department of Social & Health Services - "WorkFirst Wage Progression and Returns Report, January - March 2014", pursuant to 74.08A.411 RCW;

"WorkFirst Wage Progression and Returns Report, April - June 2014", pursuant to 74.08A.411 RCW;

"Children's Administration Annual Quality Assurance Report, July 1, 2013 - June 30, 2014", pursuant to 43.20A.870 RCW;

"Workplace Safety in State Hospitals, September 2015 Report", pursuant to 72.23.451 RCW;

"WorkFirst Program, 2015-17 Spending Plan", in accordance with Engrossed Substitute Senate Bill No. 6052;

"Child Fatality Report, July - September 2014", pursuant to 74.13.640 RCW;

"Child Fatality Report, October - December 2014", pursuant to 74.13.640 RCW;

"Timeliness of Services Related to Competency to Proceed or Stand Trial - 2014 Annual Report", in accordance with Substitute Senate Bill No. 6492;

"Reducing Racial and Ethnic Disparity in the Juvenile Justice System", pursuant to 13.06.050 RCW;

"Washington Connection Benefit Portal 2015 Report", pursuant to 74.04.225 RCW;

From the Department of Transportation - "Diesel Fuel Price Hedging, FY 2013-15", pursuant to 47.60.830 RCW,

"Transit Integration Report for 2015, Puget Sound Regional Council", in accordance with Engrossed Substitute House Bill No. 1842,

"Commute Trip Reduction Program for State Agencies 2015 Report", pursuant to 70.94.551 RCW,

"Regional Mobility Grant Program 2015 Report", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Transportation Demand Models Report", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Feasibility of EB-5 Financing for a SOLAS-Certified Ferry Vessel", in accordance with Second Engrossed Substitute Senate Bill No. 5988,

"On-the-Job Training / Support Service Program Annual Report, October 2014 - September 2015", pursuant to 47.01.485 RCW,

"Regional Mobility Grant Program, 2015-2017 Recommended Projects", pursuant to 47.66.030 RCW,

"Public Transportation, 2014 Summary", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Pedestrian and Bicycle and Safe Routes to School Grant Programs", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Fund Transfers Report (Nickel and TPA accounts), July - September 2015", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Edmonds Waterfront Analysis Report", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Use of Steel Slag Aggregate in Pavements", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Fund Transfers Report, July - September 2015", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Capital Projects Quarterly Report - 2015-17 Biennium Quarter 1", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Capital Projects Benefits to Transit, Bicycle, or Pedestrian Elements", in accordance with Second Engrossed Substitute Senate Bill No. 5988,

"Civil Penalty Process for Toll Violations, April - June 2015", in accordance with Engrossed Substitute Senate Bill No. 6001,

"Shoreline Vacancy, Seattle Area Consolidation Update and Goldsmith Lease Termination", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Rail Division Applications for Federal Funds, June 2015 Report", in accordance with Engrossed Substitute Senate Bill No. 5024,

"Regional Mobility Grant Program, 2nd Quarter 2015 Report", pursuant to 47.01.330 RCW,

"Toll Division Customer Service Center Procurement Quarterly Report April - June 2015", in accordance with Engrossed Substitute Senate Bill No. 6001,

"Freight Rail Investment Bank Project and Loan Status Update", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Civil Penalty Process for Toll Violations, January - March 2015", in accordance with Engrossed Substitute Senate Bill No. 6001,

"Short Line Rail Inventory and Needs Assessment", in accordance with Engrossed Substitute Senate Bill No. 6001,

"Practical Planning and Design Leads to Low Cost Transportation Solutions", in accordance with Engrossed Substitute Senate Bill No. 6001,

"Fund Transfers Report, January - March 2015", in accordance with Engrossed Substitute Senate Bill No. 6001,

"Regional Mobility Grant Program, 1st Quarter 2015 Report", pursuant to 47.01.330 RCW,

"Capital Projects Quarterly Report -- 2013-15 Biennium Quarter 8", in accordance with Engrossed Substitute Senate Bill No. 5024,

"Fund Transfers Reports, April - June 2015", in accordance with Engrossed Substitute Senate Bill No. 6001,

"Allocation Adjustments for Highway Projects Funded by the Nickel and TPA Accounts", in accordance with Second Engrossed Substitute House Bill No. 1299,

"Project Delivery Status Report, October - December 2014", in accordance with Engrossed Substitute Senate Bill No. 5024, and

"Commute Trip Reduction 2015 Report", pursuant to 70.94.537 RCW;

From the Office of the State Treasurer - "Public Deposit Protection Commission 2015 Report", pursuant to 43.08.300 RCW and "Short-term Bond Financing for Capital Projects 2005-15", in accordance with Second Engrossed House Bill No. 1115;

From the University of Washington - "Interagency Agreements on 340B Drug Pricing", in accordance with Engrossed Substitute Senate Bill No. 6052;

From the Utilities and Transportation Commission - "Effectiveness of the Damage Protection Program", pursuant to 19.122 RCW,and

From the Washington State University Energy Program - "Inventory and Assess the Condition of Washington's Schools, Initial Report to the Legislature", in accordance with Second Engrossed House Bill No. 1115.

Respectfully Submitted,

Hunter G. Goodman

Secretary of the Senate

Washington State Senate

 

REPORT OF COMMITTEE

 

The Committee of honor composed of Senators Dansel and Takko appeared before the bar of the Senate and reported that the Governor had been notified that the Senate was organized and ready to conduct business.

The President received the report of the committee and the committee was discharged.

 

MOTION

 

On motion of Senator Fain, and without objection, the Senate advanced to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

January 11, 2016

 

MR. PRESIDENT:

The House has adopted:

HOUSE CONCURRENT RESOLUTION NO. 4413,

HOUSE CONCURRENT RESOLUTION NO. 4414,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

On motion of Senator Fain, and without objection, the Senate advanced to the fifth order of business.

 

SUPPLEMENTAL INTRODUCTION AND FIRST READING

 

HCR 4413 by Representatives Sullivan and Kretz

Specifying the status of bills, resolutions, and memorials.

 

 

HCR 4414 by Representatives Sullivan and Kretz

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

MOTION

 

On motion of Senator Fain, under suspension of the rules House Concurrent Resolution No. 4413 and House Concurrent Resolution No. 4414 were placed on the day’s second reading calendar.

 

MOTION

 

On motion of Senator Fain, and without objection, the Senate advanced to the sixth order of business.

 

SECOND READING

 

HOUSE CONCURRENT RESOLUTION NO. 4413, by Representatives Sullivan and Kretz

 

  Specifying the status of bills, resolutions, and memorials.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, House Concurrent Resolution No. 4413 was advanced to third reading, and was placed on final passage.

 

The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4413.

 

SENATE CONCURRENT RESOLUTION NO. 4413 having received a majority was adopted by voice vote.

 

SECOND READING

 

HOUSE CONCURRENT RESOLUTION NO. 4414, by Representatives Sullivan and Kretz

 

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

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, House Concurrent Resolution No. 4414 was advanced to third reading, and placed on final passage.

 

The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4414.

 

SENATE CONCURRENT RESOLUTION NO. 4414 having received a majority was adopted by voice vote

 

MOTION

 

At 1:05 p.m., on motion of Senator Fain, the Senate adjourned until 11:30 o’clock a.m., Tuesday, January 12, 2016.

 



 


4413

Introduction & 1st Reading........................ 26

Messages..................................................... 26

Other Action................................................ 26

Second Reading........................................... 26

4414

Introduction & 1st Reading........................ 26

Messages..................................................... 26

Other Action................................................ 26

Second Reading........................................... 26

6146

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

6147

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

6148

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

6149

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

6150

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

6151

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

6152

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

6153

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

6154

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

6155

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

6156

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

Other Action.................................................. 9

6157

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

6158

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

6159

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

6160

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

Other Action.................................................. 9

6161

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

6162

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

6163

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

6164

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

6165

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

6166

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

6167

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

6168

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

6169

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

6170

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

6171

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

6172

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

6173

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

6174

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

6175

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

6176

Introduction & 1st Reading.......................... 7

6177

Introduction & 1st Reading.......................... 7

6178

Introduction & 1st Reading.......................... 7

6179

Introduction & 1st Reading.......................... 7

6180

Introduction & 1st Reading.......................... 7

6181

Introduction & 1st Reading.......................... 7

6182

Introduction & 1st Reading.......................... 7

6183

Introduction & 1st Reading.......................... 7

6184

Introduction & 1st Reading.......................... 7

6185

Introduction & 1st Reading.......................... 7

6186

Introduction & 1st Reading.......................... 7

6187

Introduction & 1st Reading.......................... 7

6188

Introduction & 1st Reading.......................... 8

6189

Introduction & 1st Reading.......................... 8

6190

Introduction & 1st Reading.......................... 8

6191

Introduction & 1st Reading.......................... 8

6192

Introduction & 1st Reading.......................... 8

6193

Introduction & 1st Reading.......................... 8

6194

Introduction & 1st Reading.......................... 8

6195

Introduction & 1st Reading.......................... 8

8015

Introduction & 1st Reading.......................... 8

8016

Introduction & 1st Reading.......................... 8

8208

Introduction & 1st Reading.......................... 8

8209

Introduction & 1st Reading.......................... 9

8406

Introduction & 1st Reading.......................... 9

Other Action.................................................. 9

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

8690

Adopted......................................................... 3

Introduced..................................................... 3

GUESTS

Greer, Mr. Jason, Sergeant........................... 1

Griggs, Ms. Karen, Royalty Chair................ 1

Madsen, The Honorable Barbara, Chief Justice of the State Supreme Court 2

Morgan, Ms. MaKayala R., Trooper............ 1

Morhous, Mr. Ian T., Corporal..................... 1

Nordstrom, Ms. Noelle................................. 1

O’Ban, Mr. Thomas, Specialist.................... 1

Poultridge, Miss Madeline, Lakefair Queen 1

Poultridge, Mr. Andrew................................ 1

Poultridge, Ms. Joan..................................... 1

Rutherford, Mr. William, Trooper............... 1

Sharp, Mr. George, Capital Lakefair President     1

Wyman, The Honorable Kim, Secretary of State  1

Wynecoop, Mr. Ethan, Trooper.................... 1

MESSAGE FROM THE GOVERNOR

Partial Veto on 2ESSB 5998....................... 13

MESSAGE FROM THE SECRETARY OF STATE

Partial Vetos.................................................. 9

MESSAGE FROM THE SECRETARY OF STATE: 11

MESSAGES FROM THE GOVERNOR

Pardons and Commutations........................ 14

Partial Veto on 2ESSB 5996....................... 13

Partial Veto on E2SSB 5564....................... 12

Partial Veto on ESSB 6052......................... 12

Partial Veto on SSB 5052............................. 9

Partial Veto on SSB 5501........................... 11

Partial Veto on SSB 5824........................... 10

Partial Veto SB 5024.................................. 11

Veto on ESSB 5785....................................... 9

MESSAGES FROM THE SECRETARY OF STATE:    10, 11, 12, 13

PRESIDENT OF THE SENATE

Pledge of Allegiance..................................... 1

Remarks by the President............................. 1

WASHINGTON STATE SENATE

Senator Carlyle............................................. 3

Senator Takko............................................... 2