THIRTY SECOND DAY

 


MORNING SESSION

Senate Chamber, Olympia

Thursday, February 8, 2018

 

The Senate was called to order at 10:02 a.m. by the President of the Senate, Lt. Governor Habib presiding. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senator Walsh.

The Sergeant at Arms Color Guard consisting of Pages Mr. Connor Johnson and Miss Viola Cipriano, presented the Colors. 

Miss Miranda Cagle led the Senate in the Pledge of Allegiance.

The prayer was offered by Pastor Amy Hessel of The Lutheran Church of the Good Shepard, Olympia.

 

MOTION

 

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

 

MOTION

 

There being no objection, the Senate advanced to the first order of business.

 

REPORTS OF STANDING COMMITTEES

 

February 7, 2018

EHB 1128          Prime Sponsor, Representative Shea: Concerning civil arbitration.  Reported by Committee on Law & Justice

 

MAJORITY recommendation:  Do pass.  Signed by Senators Pedersen, Chair; Dhingra, Vice Chair; Padden, Ranking Member; Darneille and Frockt.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Angel, Assistant Ranking Member and Wilson.

 

Referred to Committee on Ways & Means.

 

February 7, 2018

SHB 1186          Prime Sponsor, Committee on Judiciary: Concerning the provision of and reimbursement for certain court interpreter services.  Reported by Committee on Law & Justice

 

MAJORITY recommendation:  Do pass.  Signed by Senators Pedersen, Chair; Dhingra, Vice Chair; Darneille and Frockt.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Padden, Ranking Member; Angel, Assistant Ranking Member and Wilson.

 

Referred to Committee on Ways & Means.

 

February 7, 2018

ESHB 1196        Prime Sponsor, Committee on Judiciary: Modifying the process for prevailing parties to recover judgments in small claims court.  Reported by Committee on Law & Justice

 

MAJORITY recommendation:  Do pass.  Signed by Senators Pedersen, Chair; Dhingra, Vice Chair; Padden, Ranking Member; Angel, Assistant Ranking Member; Darneille; Frockt and Wilson.

 

Referred to Committee on Rules for second reading.

 

February 7, 2018

HB 1221            Prime Sponsor, Representative Rodne: Concerning the solemnization of marriages by commissioners of courts of limited jurisdiction.  Reported by Committee on Law & Justice

 

MAJORITY recommendation:  Do pass.  Signed by Senators Pedersen, Chair; Dhingra, Vice Chair; Angel, Assistant Ranking Member; Darneille; Frockt and Wilson.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senator Padden, Ranking Member.

 

Referred to Committee on Rules for second reading.

 

February 7, 2018

2SHB 1506        Prime Sponsor, Committee on Labor & Workplace Standards: Addressing workplace practices to achieve gender pay equity.  Reported by Committee on Labor & Commerce

 

MAJORITY recommendation:  Do pass.  Signed by Senators Keiser, Chair; Hasegawa, Vice Chair; Conway; Kuderer and Saldaña.

 

Referred to Committee on Rules for second reading.

 

February 7, 2018

HB 1640            Prime Sponsor, Representative Graves: Allowing notaries and proof of identity for advance directives.  Reported by Committee on Law & Justice

 

MAJORITY recommendation:  Do pass.  Signed by Senators Pedersen, Chair; Dhingra, Vice Chair; Angel, Assistant Ranking Member; Darneille; Frockt and Wilson.

 

MINORITY recommendation:  Do not pass.  Signed by Senator Padden, Ranking Member.

 

Referred to Committee on Rules for second reading.

 

MOTION

 

On motion of Senator Liias, all measures listed on the Standing Committee report were referred to the committees as designated.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

February 7, 2018

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1151,

ENGROSSED HOUSE BILL NO. 1237,

SECOND SUBSTITUTE HOUSE BILL NO. 1298,

HOUSE BILL NO. 1336,

THIRD SUBSTITUTE HOUSE BILL NO. 1357,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1439,

THIRD SUBSTITUTE HOUSE BILL NO. 1512,

SUBSTITUTE HOUSE BILL NO. 1524,

SECOND SUBSTITUTE HOUSE BILL NO. 1541,

HOUSE BILL NO. 1672,

SUBSTITUTE HOUSE BILL NO. 1763,

SECOND SUBSTITUTE HOUSE BILL NO. 2004,

SUBSTITUTE HOUSE BILL NO. 2035,

SUBSTITUTE HOUSE BILL NO. 2101,

SUBSTITUTE HOUSE BILL NO. 2342,

HOUSE BILL NO. 2343,

HOUSE BILL NO. 2435,

SUBSTITUTE HOUSE BILL NO. 2456,

SUBSTITUTE HOUSE BILL NO. 2466,

HOUSE BILL NO. 2582,

SUBSTITUTE HOUSE BILL NO. 2585,

HOUSE BILL NO. 2661,

SUBSTITUTE HOUSE BILL NO. 2685,

SUBSTITUTE HOUSE BILL NO. 2778,

HOUSE BILL NO. 2851,

SUBSTITUTE HOUSE BILL NO. 2951,

and the same are herewith transmitted.

BERNARD DEAN, Chief Clerk

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

 

SB 6609  by Senator Ranker

AN ACT Relating to revenue; amending RCW 82.08.0293, 82.12.0293, 82.08.010, 82.08.0273, 82.04.050, 82.45.060, 82.08.020, 82.12.020, and 84.52.065; reenacting and amending RCW 83.100.020; adding new sections to chapter 82.32 RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 43.135 RCW; adding a new section to chapter 39.42 RCW; adding a new chapter to Title 82 RCW; creating new sections; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

MOTION

 

On motion of Senator Liias, the measure listed on the Introduction and First Reading report was referred to the committee as designated.

 

MOTION

 

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

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

Senator Pedersen moved that Lori M. Ramsdell, Senate Gubernatorial Appointment No. 9075, be confirmed as a member of the Indeterminate Sentence Review Board.

Senator Pedersen spoke in favor of the motion.

 

MOTION

 

On motion of Senator Warnick, Senator Walsh was excused.

 

APPOINTMENT OF LORI M. RAMSDELL

 

The President declared the question before the Senate to be the confirmation of Lori M. Ramsdell, Senate Gubernatorial Appointment No. 9075, as a member of the Indeterminate Sentence Review Board.

 

The Secretary called the roll on the confirmation of Lori M. Ramsdell, Senate Gubernatorial Appointment No. 9075, as a member of the Indeterminate Sentence Review Board and the appointment was confirmed by the following vote:  Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senator Honeyford

Excused: Senator Walsh

 

Lori M. Ramsdell, Senate Gubernatorial Appointment No. 9075, having received the constitutional majority was declared confirmed as a member of the Indeterminate Sentence Review Board.

 

MOTION

 

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

 

SECOND READING

 

SENATE BILL NO. 6471, by Senators Keiser, Walsh, Rolfes, Dhingra, Bailey, Darneille, Hasegawa, Frockt, Conway, Chase, Kuderer and Saldaña

 

Developing model policies to create workplaces that are safe from sexual harassment.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Keiser, the rules were suspended, Senate Bill No. 6471 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Keiser spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 6471.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6471 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senator Walsh

 

SENATE BILL NO. 6471, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 5996, by Senators Keiser, Darneille, Frockt, Van De Wege, Pedersen, Hunt, Chase, Saldaña, Kuderer and Hasegawa

 

Encouraging the disclosure and discussion of sexual harassment and sexual assault in the workplace.

 

MOTIONS

 

On motion of Senator Keiser, Substitute Senate Bill No. 5996 was substituted for Senate Bill No. 5996 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Keiser, the rules were suspended, Substitute Senate Bill No. 5996 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Keiser spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5996.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5996 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senator Walsh

 

SUBSTITUTE SENATE BILL NO. 5996, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

At 10:30 a.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 10:47 a.m. by President Habib.

 

SECOND READING

 

SENATE BILL NO. 6068, by Senators Frockt, Pedersen, Palumbo, Conway, Saldaña, Kuderer and Mullet

 

Concerning the applicability of nondisclosure agreements in civil actions for sexual harassment or assault.

 

MOTION

 

On motion of Senator Frockt, Substitute Senate Bill No. 6068 was substituted for Senate Bill No. 6068 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

Senator Frockt moved that the following striking amendment no. 493 by Senator Frockt be adopted:

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

(1) In any civil action relating to sexual harassment or assault, a nondisclosure policy or agreement that purports to limit the ability of any person to produce evidence regarding past instances of sexual harassment or assault by a party to the civil action does not affect discovery or the availability of witness testimony relating to that civil action. Any provision of a nondisclosure policy or agreement including any arbitration agreement or decision that would limit, prevent, or punish such disclosure is contrary to public policy and unenforceable. However, the court shall enter appropriate orders upon motion of any party supported by affidavit or sworn declaration, or without motion but on the court's own accord, to ensure that the identity of any person who is or is alleged to be a victim of sexual harassment or assault is not made public as a result of a disclosure made under this section, unless such person consents.

(2) The provisions of this section do not alter admissibility standards of evidence for the court to decide whether the probative value of evidence offered outweighs the potential prejudice."

On page 1, line 2 of the title, after "assault;" strike the remainder of the title and insert "and adding a new section to chapter 4.24 RCW."

 

The President declared the question before the Senate to be the adoption of striking amendment no. 493 by Senator Frockt to Substitute Senate Bill No. 6068.

The motion by Senator Frockt carried and striking amendment no. 493 was adopted by voice vote.

 

MOTION

 

On motion of Senator Frockt, the rules were suspended, Engrossed Substitute Senate Bill No. 6068 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Frockt spoke in favor of passage of the bill.

 

POINT OF INQUIRY

 

Senator Padden:  “Mr. President, will Senator Frockt yield to a question?”

 

President Habib:  “Senator Frockt do you consent to the colloquy?”

 

Senator Frockt:  “Sure.”

 

Senator Padden:  “Thank you Mr. President.  Senator Frockt I’m asking you whether this bill is prospective in its application, or retroactive?”

 

Senator Frockt:  “Thank you Senator Padden for the inquiry and I know this is an issue of concern to you.  Yes, statutes are presumed to apply prospectively absent contrary legislative intent.  A statute is not retroactive merely because it relates to prior facts or transactions.  A statute operates prospectively when the precipitating event for the application of the statute occurs after the effective date of the statute, even though the precipitating event had its origin in a situation existing prior to the enactment of the statute.  So I believe this answers the question on retroactivity and prospectivity.”

 

On motion of Senator Padden and without objection, the colloquy containing the remarks of Senator Frockt and Senator Padden regarding prospectivity and retroactivity was spread upon the Journal.

 

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

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6068.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6068 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senator Walsh

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 6068, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

THIRD READING

 

SENATE BILL NO. 5442, by Senators Fortunato and Pedersen

 

Concerning expanding the permitted uses of surplus funds from boater education card fees to certain boating safety programs and activities.

 

The bill was read on Third Reading.

 

Senators Fortunato, Van De Wege and Mullet spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 5442.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 5442 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senator Walsh

 

SENATE BILL NO. 5442, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

SECOND READING

 

SENATE BILL NO. 6514, by Senators Brown, O'Ban, Darneille, Palumbo and Saldaña

 

Concerning suicide prevention and behavioral health in higher education, with enhanced services to student veterans.

 

MOTIONS

 

On motion of Senator Brown, Substitute Senate Bill No. 6514 was substituted for Senate Bill No. 6514 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Brown, the rules were suspended, Substitute Senate Bill No. 6514 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Brown, Liias and Short spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6514.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6514 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senator Walsh

 

SUBSTITUTE SENATE BILL NO. 6514, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

Senator Pedersen moved that Jeff A. Patnode, Senate Gubernatorial Appointment No. 9093, be confirmed as a member of the Indeterminate Sentence Review Board.

Senator Pedersen spoke in favor of the motion.

 

APPOINTMENT OF JEFF A. PATNODE

 

The President declared the question before the Senate to be the confirmation of Jeff A. Patnode, Senate Gubernatorial Appointment No. 9093, as a member of the Indeterminate Sentence Review Board.

 

The Secretary called the roll on the confirmation of Jeff A. Patnode, Senate Gubernatorial Appointment No. 9093, as a member of the Indeterminate Sentence Review Board and the appointment was confirmed by the following vote:  Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senators Baumgartner and Honeyford

Excused: Senator Walsh

 

Jeff A. Patnode, Senate Gubernatorial Appointment No. 9093, having received the constitutional majority was declared confirmed as a member of the Indeterminate Sentence Review Board.

 

MOTION

 

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

 

SECOND READING

 

SENATE BILL NO. 5683, by Senators Saldaña, Kuderer, Cleveland, Hasegawa, Darneille, Hunt, Conway, Keiser, Hobbs, McCoy and Pedersen

 

Concerning health care for Pacific Islanders residing in Washington under a compact of free association.

 

MOTION

 

On motion of Senator Saldaña, Substitute Senate Bill No. 5683 was substituted for Senate Bill No. 5683 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

Senator Becker moved that the following amendment no. 498 by Senators Bailey and Becker be adopted:

 

On page 3, line 6, after "who" strike "is" and insert "has been domiciled in this state for a minimum of two years and is currently"

 

Senator Becker spoke in favor of adoption of the amendment.

Senator Saldaña spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of amendment no. 498 by Senators Bailey and Becker on page 3, line 6 to Substitute Senate Bill No. 5683.

The motion by Senator Becker did not carry and amendment no. 498 was not adopted by voice vote.

 

MOTION

 

Senator Becker moved that the following amendment no. 499 by Senators Bailey and Becker be adopted:

 

On page 3, beginning on line 20, after "purpose," strike all material through "section" on line 23 and insert "for an individual who is eligible for the premium assistance program under subsection (1) of this section, the authority shall pay:

(a) The premium cost for a qualified health plan; and

(b) Out-of-pocket costs for coverage provided by the plan, other than copays"

 

Senator Becker spoke in favor of adoption of the amendment.

Senator Saldaña spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of amendment no. 499 by Senators Bailey and Becker on page 3, line 20 to Substitute Senate Bill No. 5683.

The motion by Senator Becker did not carry and amendment no. 499 was not adopted by voice vote.

 

MOTION

 

On motion of Senator Saldaña, the rules were suspended, Substitute Senate Bill No. 5683 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Saldaña, Rivers, Cleveland, Becker and Hasegawa spoke in favor of passage of the bill.

Senator Angel spoke against passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5683.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5683 and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senators Angel and Short

Excused: Senator Walsh

 

SUBSTITUTE SENATE BILL NO. 5683, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced students from Meeker Elementary School in Puyallup who were seated in the gallery, guests of Senator Zeiger.

 

The President noted that from Zeiger Elementary School in Puyallup had been present in the gallery while the senate was at ease.  They were, not coincidentally, guests of Senator Zeiger and were also recognized by the senate.

 

 

SECOND READING

 

SENATE BILL NO. 6086, by Senators Ranker, Rolfes, Van De Wege, Chase, Carlyle, Saldaña, Dhingra, Darneille, Wellman, Keiser, Billig, Hunt, Conway, Palumbo and Kuderer

 

Protecting the state's marine waters from the release of nonnative finfish from marine finfish aquaculture sites.

 

MOTION

 

On motion of Senator Ranker, Second Substitute Senate Bill No. 6086 was substituted for Senate Bill No. 6086 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

Senator Warnick moved that the following striking amendment no. 440 by Senator Warnick be adopted:

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 2.  A new section is added to chapter 79.105 RCW under the subchapter heading "general use, sale, and lease provisions" to read as follows:

(1) The department may enter into a new aquatic land lease for the purpose of Atlantic salmon or nonnative finfish aquaculture only if such a lease is for the culture of exclusively single-sex Atlantic salmon or other single-sex nonnative marine finfish.

(2) The department may renew or extend a lease in existence on the effective date of this section for the culture of Atlantic salmon or other nonnative finfish only if such an extension or renewal is for the culture of exclusively single-sex Atlantic salmon or other single-sex nonnative marine finfish.

NEW SECTION.  Sec. 3.  A new section is added to chapter 77.125 RCW to read as follows:

(1) The department may permit Atlantic salmon or other nonnative marine finfish aquaculture after the expiration date of the relevant state-owned aquatic lands lease in effect on the effective date of this section only if the permits are for activities or operations related to marine aquaculture of single-sex Atlantic salmon or other single-sex nonnative finfish.

(2) The department may permit the transport of Atlantic salmon or other nonnative finfish after the expiration date of the relevant state-owned aquatic lands lease in effect on the effective date of this section only for the transport of single-sex Atlantic salmon or other nonnative finfish.

(3)(a) For marine finfish aquaculture authorized or permitted consistent with this section, the facility operator must hire, at their own expense, a marine engineering firm approved by the department to conduct inspections. Inspections must occur approximately every two years, when net pens are fallow, and must include topside and mooring assessments related to escapement potential, structural integrity, permit compliance, and operations.

(b) A net pen facility must be found to be in good working order to receive fish.

(c) If the facility is found to be in imminent danger of collapse or release of fish, the director may require the operator to remove fish or deny a fish transfer permit.

(4)(a) For marine finfish aquaculture authorized or permitted consistent with this section, a fish health specialist certified or approved by the department must conduct fish health inspections at each net pen facility at least twice per year.

(b) The fish health inspections must include collection of fish tissue for the laboratory testing of regulated pathogens.

(c) The full cost of these inspections must be paid by the net pen facility operator.

NEW SECTION.  Sec. 4.  A new section is added to chapter 90.48 RCW to read as follows:

The department may not permit any activities or operations for the marine aquaculture of Atlantic salmon or other nonnative finfish after the expiration date of the relevant state-owned aquatic lands lease in effect on the effective date of this section, unless the permits are for activities or operations for the marine aquaculture of single-sex Atlantic salmon or other single-sex nonnative finfish.

Sec. 5.  RCW 77.12.047 and 2017 c 159 s 2 are each amended to read as follows:

(1) The commission may adopt, amend, or repeal rules as follows:

(a) Specifying the times when the taking of wildlife, fish, or shellfish is lawful or unlawful.

(b) Specifying the areas and waters in which the taking and possession of wildlife, fish, or shellfish is lawful or unlawful.

(c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take wildlife, fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.

(d) Regulating the importation, transportation, possession, disposal, landing, and sale of wildlife, fish, shellfish, or seaweed within the state, whether acquired within or without the state. This authority must be exercised consistent with section 2 of this act. However, the rules of the department must prohibit any person, including department staff, from translocating a live elk from an area with elk affected by hoof disease to any other location except:

(i) Consistent with a process developed by the department with input from the affected federally recognized tribes for translocation for monitoring or hoof disease management purposes; or

(ii) Within an elk herd management plan area affected by hoof disease.

(e) Regulating the prevention and suppression of diseases and pests affecting wildlife, fish, or shellfish.

(f) Regulating the size, sex, species, and quantities of wildlife, fish, or shellfish that may be taken, possessed, sold, or disposed of.

(g) Specifying the statistical and biological reports required from fishers, dealers, boathouses, or processors of wildlife, fish, or shellfish.

(h) Classifying species of marine and freshwater life as food fish or shellfish.

(i) Classifying the species of wildlife, fish, and shellfish that may be used for purposes other than human consumption.

(j) Regulating the taking, sale, possession, and distribution of wildlife, fish, shellfish, or deleterious exotic wildlife.

(k) Establishing game reserves and closed areas where hunting for wild animals or wild birds may be prohibited.

(l) Regulating the harvesting of fish, shellfish, and wildlife in the federal exclusive economic zone by vessels or individuals registered or licensed under the laws of this state.

(m) Authorizing issuance of permits to release, plant, or place fish or shellfish in state waters.

(n) Governing the possession of fish, shellfish, or wildlife so that the size, species, or sex can be determined visually in the field or while being transported.

(o) Other rules necessary to carry out this title and the purposes and duties of the department.

(2)(a) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.

(b) "Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild.

(3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products.

Sec. 6.  RCW 77.125.030 and 2001 c 86 s 3 are each amended to read as follows:

(1) The director, in cooperation with the marine finfish aquatic farmers, shall develop proposed rules for the implementation, administration, and enforcement of marine finfish aquaculture programs. In developing such proposed rules, the director must use a negotiated rule-making process pursuant to RCW 34.05.310. The proposed rules shall be submitted to the appropriate legislative committees by January 1, 2002, to allow for legislative review of the proposed rules. The proposed rules shall include the following elements:

(((1))) (a) Provisions for the prevention of escapes of cultured marine finfish aquaculture products from enclosures, net pens, or other rearing vessels;

(((2))) (b) Provisions for the development and implementation of management plans to facilitate the most rapid recapture of live marine finfish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels, and to prevent the spread or permanent escape of these products;

(((3))) (c) Provisions for the development of management practices based on the latest available science, to include:

(((a))) (i) Procedures for inspections of marine aquatic farming locations on a regular basis to determine conformity with law and the rules of the department relating to the operation of marine aquatic farming locations; and

(((b))) (ii) Operating procedures at marine aquatic farming locations to prevent the escape of marine finfish, to include the use of net antifoulants;

(((4))) (d) Provisions for the eradication of those cultured marine finfish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels found spawning in state waters;

(((5))) (e) Provisions for the determination of appropriate species, stocks, and races of marine finfish aquaculture products allowed to be cultured at specific locations and sites;

(((6))) (f) Provisions for the development of an Atlantic salmon watch program similar to the one in operation in British Columbia, Canada. The program must provide for the monitoring of escapes of Atlantic salmon from marine aquatic farming locations, monitor the occurrence of naturally produced Atlantic salmon, determine the impact of Atlantic salmon on naturally produced and cultured finfish stocks, provide a focal point for consolidation of scientific information, and provide a forum for interaction and education of the public; and

(((7))) (g) Provisions for the development of an education program to assist marine aquatic farmers so that they operate in an environmentally sound manner.

(2) The department must implement this section consistent with section 2 of this act.

Sec. 7.  RCW 90.48.220 and 1993 c 296 s 1 are each amended to read as follows:

(1) For the purposes of this section "marine finfish rearing facilities" means those private and public facilities located within the salt water of the state where finfish are fed, nurtured, held, maintained, or reared to reach the size of release or for market sale.

(2) Not later than October 31, 1994, the department shall adopt criteria under chapter 34.05 RCW for allowable sediment impacts from organic enrichment due to marine finfish rearing facilities.

(3) Not later than June 30, 1995, the department shall adopt standards under chapter 34.05 RCW for waste discharges from marine finfish rearing facilities. In establishing these standards, the department shall review and incorporate, to the extent possible, studies conducted by state and federal agencies on waste discharges from marine finfish rearing facilities, and any reports and other materials prepared by technical committees on waste discharges from marine finfish rearing facilities. The department shall approve or deny discharge permit applications for marine finfish rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants as soon as it determines that a proposed discharge meets or fails to comply with the standards adopted pursuant to this section, or if a time period longer than one hundred eighty days is necessary to satisfy public participation requirements of the state environmental policy act.

(4) The department may adopt rules to exempt marine finfish rearing facilities not requiring national pollutant discharge elimination system permits under the federal water pollution control act from the discharge permit requirement.

(5) The department must implement this section consistent with section 3 of this act."

On page 1, beginning on line 2 of the title, after "sites;" strike the remainder of the title and insert "amending RCW 77.12.047, 77.125.030, and 90.48.220; adding a new section to chapter 79.105 RCW; adding a new section to chapter 77.125 RCW; and adding a new section to chapter 90.48 RCW."

 

Senators Warnick and Takko spoke in favor of adoption of the striking amendment.

Senator Van De Wege spoke against adoption of the striking amendment.

Senator Warnick demanded a roll call.

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

 

The President declared the question before the Senate to be the adoption of striking amendment no. 440 by Senator Warnick to Second Substitute Senate Bill No. 6086.

 

ROLL CALL

 

The Secretary called the roll on the adoption of striking amendment no. 440 by Senator Warnick and the amendment was not adopted by the following vote:  Yeas, 19; Nays, 28; Absent, 1; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Braun, Brown, Ericksen, Fain, Fortunato, Hawkins, Honeyford, King, Padden, Rivers, Schoesler, Short, Takko, Wagoner, Warnick and Wilson

Voting nay: Senators Angel, Billig, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Frockt, Hasegawa, Hobbs, Hunt, Keiser, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Palumbo, Pedersen, Ranker, Rolfes, Sheldon, Van De Wege, Wellman and Zeiger

Absent: Senator Saldaña

Excused: Senator Walsh.

 

MOTION

 

Senator Honeyford moved that the following striking amendment no. 445 by Senator Honeyford be adopted:

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 8.  (1)(a) The departments of ecology, natural resources, and fish and wildlife must continue the existing effort to update guidance and informational resources to industry and governments for planning and permitting commercial marine net pen aquaculture of Atlantic salmon or other nonnative finfish.

(b) The effort must utilize new scientific information that has emerged since the current state guidance that dates from the late 1980s through 1990, and address topics including local shoreline permitting, water quality, impacts on native fish, shellfish, and wildlife, and interagency coordination in permitting, inspections, and enforcement. The guidance must be designed to minimize escapement and negative impacts to water quality and native fish, shellfish, and wildlife.

(2) The effort must include an analysis of the impacts of ending commercial marine net pen aquaculture of Atlantic salmon or other nonnative finfish in Washington concurrent with the expiration of applicable state-owned aquatic land leases in effect on the effective date of this section. The departments of ecology, natural resources, and fish and wildlife may collaborate with other relevant state agencies with subject matter expertise in order to effectuate the analysis. The analysis must consider the following:

(a) Natural resource impacts, both positive and negative;

(b) Projected job gains, losses, and broader economic impacts; and

(c) Impacts to other state programs and local governments, both positive and negative.

(3) The guidance, resources, and analysis must be completed by June 30, 2019.

(4) This section expires December 31, 2020."

On page 1, beginning on line 2 of the title, after "sites;" strike the remainder of the title and insert "creating a new section; and providing an expiration date."

 

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

Senator Van De Wege spoke against adoption of the striking amendment.

 

MOTION

 

On motion of Senator Bailey, Senator Schoesler was excused.

 

The President declared the question before the Senate to be the adoption of striking amendment no. 445 by Senator Honeyford to Second Substitute Senate Bill No. 6086.

The motion by Senator Honeyford did not carry and striking amendment no. 445 was not adopted by voice vote.

 

MOTION

 

On motion of Senator Ranker, the rules were suspended, Second Substitute Senate Bill No. 6086 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Ranker and Chase spoke in favor of passage of the bill.

Senators Becker, Warnick and Wagoner spoke against passage of the bill.

Senators Takko and Sheldon spoke on passage of the bill.

 

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6086.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6086 and the bill passed the Senate by the following vote:  Yeas, 35; Nays, 12; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Billig, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Hunt, Keiser, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Palumbo, Pedersen, Ranker, Rolfes, Saldaña, Sheldon, Van De Wege, Wellman and Zeiger

Voting nay: Senators Becker, Braun, Brown, Honeyford, King, Padden, Rivers, Short, Takko, Wagoner, Warnick and Wilson

Excused: Senators Schoesler and Walsh

 

SECOND SUBSTITUTE SENATE BILL NO. 6086, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6065, by Senators Wellman, Hunt and Hasegawa

 

Adopting policy and procedures on student interviews and interrogations.

 

MOTION

 

On motion of Senator Wellman, Substitute Senate Bill No. 6065 was substituted for Senate Bill No. 6065 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

Senator Padden moved that the following striking amendment no. 497 by Senators Padden and Wellman be adopted:

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 9.  A new section is added to chapter 28A.320 RCW to read as follows:

(1) By August 1, 2018, each school district shall adopt a policy and procedures for interviews and interrogations of students on school premises that at a minimum incorporates the model policy and procedures on this topic revised by the Washington state school directors' association in July of 2013 and must also include the procedures set forth in subsection (2) of this section.

(2) The procedures adopted under subsection (1) of this section must include the following for law enforcement interviews and interrogations of students not involving child abuse or neglect investigations:

(a) If a student is under twelve years of age, parents, guardians, or designated adults must be notified and give permission before any interview or interrogation takes place unless the law enforcement officer has a warrant, court order, or indicates that exigent circumstances exist;

(b) If a student is twelve to eighteen years of age, the principal or designee will make a reasonable effort to contact the parents or guardians prior to the interview or as soon as possible thereafter. If a parent or guardian cannot be contacted, the principal or designee will contact the designated adults noted on the student's emergency contact card for their consent. Parent contact is not required when the law enforcement officer has a warrant, court order, or indicates that exigent circumstances exist;

(c) If a student is eighteen to twenty-one years of age, the principal or designee is not required to contact the parents or guardians before an interview or interrogation; and

(d) Except when exigent circumstances apply, law enforcement officers must recognize the potential time delay for parents or guardians to be contacted and a reasonable time for parents or guardians to arrive at the school.

(3) School districts shall notify law enforcement officers within their boundaries of the policy and procedures adopted under subsection (1) of this section. Such notification may be by electronic means.

(4) For the purposes of this section, "exigent circumstances" means circumstances that include, but are not limited to, serious threats to the health and safety of students and staff."

On page 1, line 2 of the title, after "premises;" strike the remainder of the title and insert "and adding a new section to chapter 28A.320 RCW."

 

Senators Padden and Wellman spoke in favor of adoption of the striking amendment.

The President declared the question before the Senate to be the adoption of striking amendment no. 497 by Senators Padden and Wellman to Substitute Senate Bill No. 6065.

The motion by Senator Padden carried and striking amendment no. 497 was adopted by voice vote.

 

MOTION

 

On motion of Senator Wellman, the rules were suspended, Engrossed Substitute Senate Bill No. 6065 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Wellman and Zeiger spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6065.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6065 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Schoesler and Walsh

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 6065, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6419, by Senators Rolfes, Zeiger, Billig, Wellman, Conway, Darneille, Kuderer, Palumbo and Walsh

 

Concerning access to the Washington early childhood education and assistance program.

 

MOTIONS

 

On motion of Senator Rolfes, Substitute Senate Bill No. 6419 was substituted for Senate Bill No. 6419 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Rolfes, the rules were suspended, Substitute Senate Bill No. 6419 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Rolfes, Zeiger and Saldaña spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Saldaña, Senator Carlyle was excused.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6419.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6419 and the bill passed the Senate by the following vote:  Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senator Padden

Excused: Senators Carlyle, Schoesler and Walsh

 

SUBSTITUTE SENATE BILL NO. 6419, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6257, by Senators Billig, Zeiger, Kuderer, Keiser, Palumbo and Saldaña

 

Providing early intervention services for eligible children.

MOTION

 

On motion of Senator Billig, Substitute Senate Bill No. 6257 was substituted for Senate Bill No. 6257 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

Senator Billig moved that the following striking amendment no. 477 by Senator Billig be adopted:

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 10.  (1) The department of children, youth, and families, in consultation with the department of early learning, the office of the superintendent of public instruction, the office of financial management, the caseload forecast council, legislative fiscal staff, and with advice and assistance from the state interagency coordinating council, must develop a funding model with which to determine the amount of annual allocations that shall be appropriated in the omnibus appropriations act after July 1, 2019, for early intervention services for children with disabilities from birth through two years of age, which the department of children, youth, and families oversees.

(2) The department must submit a final report that includes the agreed-upon funding model and any necessary statutory changes to the office of financial management and the fiscal committees of the legislature no later than September 1, 2018.

(3) This section expires July 1, 2020."

On page 1, line 3 of the title, after "age;" strike the remainder of the title and insert "creating a new section; and providing an expiration date."

 

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

The President declared the question before the Senate to be the adoption of striking amendment no. 477 by Senator Billig to Substitute Senate Bill No. 6257.

The motion by Senator Billig carried and striking amendment no. 477 was adopted by voice vote.

 

MOTION

 

On motion of Senator Billig, the rules were suspended, Engrossed Substitute Senate Bill No. 6257 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Billig and Zeiger spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6257.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6257 and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Carlyle, Schoesler and Walsh

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 6257, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6133, by Senators Zeiger, Wellman, Keiser, Hasegawa and Kuderer

 

Expanding statewide career and technical education course equivalency options.

 

MOTIONS

 

On motion of Senator Zeiger, Substitute Senate Bill No. 6133 was substituted for Senate Bill No. 6133 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Zeiger, the rules were suspended, Substitute Senate Bill No. 6133 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Zeiger and Wellman spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6133.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6133 and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Carlyle, Schoesler and Walsh

 

SUBSTITUTE SENATE BILL NO. 6133, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

THIRD READING

 

SUBSTITUTE SENATE BILL NO. 5633, by Senate Committee on Law & Justice (originally sponsored by Senators Palumbo, Rossi, Angel, Pedersen, O'Ban, Wilson, Zeiger and Padden)

 

Changing the definition of theft.

 

The bill was read on Third Reading.

 

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

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5633.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5633 and the bill passed the Senate by the following vote:  Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senator Hasegawa

Excused: Senators Carlyle, Schoesler and Walsh

 

SUBSTITUTE SENATE BILL NO. 5633, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

Senator Becker announced a meeting of the Republican Caucus at 1:45 o’clock p.m.

Senator McCoy announced a meeting of the Democratic Caucus at 2:00 o’clock p.m.

 

MOTION

 

At 12:39 p.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President.

 

AFTERNOON SESSION

 

The Senate was called to order at 2:41 p.m. by President Habib.

 

MOTION

 

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

 

SECOND READING

 

SENATE BILL NO. 6053, by Senators Keiser, Frockt, Pedersen, Kuderer and Mullet

 

Concerning medicaid fraud false claims civil penalties.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Keiser, the rules were suspended, Senate Bill No. 6053 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Keiser spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 6053.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6053 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Carlyle and Walsh

 

SENATE BILL NO. 6053, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6017, by Senators Fain, Conway, McCoy, Frockt, Hasegawa, Saldaña, Sheldon, Zeiger, Rolfes, Liias, Keiser, Pedersen, Chase, O'Ban and Kuderer

 

Concerning consumer protections for military service members on active duty.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, the rules were suspended, Senate Bill No. 6017 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Fain spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 6017.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6017 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Carlyle and Walsh

 

SENATE BILL NO. 6017, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6334, by Senators Dhingra, Angel and Darneille

 

Concerning implementation of mandatory provisions of the federal rule on flexibility, efficiency, and modernization in child support enforcement programs regarding health care coverage.

 

MOTIONS

 

On motion of Senator Dhingra, Substitute Senate Bill No. 6334 was substituted for Senate Bill No. 6334 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Dhingra, the rules were suspended, Substitute Senate Bill No. 6334 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6334.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6334 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Carlyle and Walsh

 

SUBSTITUTE SENATE BILL NO. 6334, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 5987, by Senator Padden

 

Concerning pretrial release programs.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Padden, the rules were suspended, Senate Bill No. 5987 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 5987.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 5987 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Carlyle and Walsh

 

SENATE BILL NO. 5987, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6136, by Senators Rolfes, Zeiger, Wellman and Hasegawa

 

Removing concurrent enrollment requirement of algebra II for AP computer science courses to be counted as equivalent to high school mathematics.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Rolfes, the rules were suspended, Senate Bill No. 6136 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Rolfes and Zeiger spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 6136.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6136 and the bill passed the Senate by the following vote:  Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senators Baumgartner and Ericksen

Excused: Senators Carlyle and Walsh

 

SENATE BILL NO. 6136, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PERSONAL PRIVILEGE

 

Senator Baumgartner:  “Thank you Mr. President.  I was just in a discussion with Connor the page here, sitting on the Senate floor, who is currently enrolled in AP computer science and simultaneously algebra and doing well.  He had some unique and interesting points if any of you would like to know what you just voted on I would suggest coming and talking to Connor.”

 

SECOND READING

 

SENATE BILL NO. 6163, by Senators Becker, Cleveland, Fain, Bailey, Brown, Wilson, Short, Conway, Keiser and Kuderer

 

Extending the duration of the collaborative for the advancement of telemedicine.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Becker, the rules were suspended, Senate Bill No. 6163 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Becker, Cleveland and Conway spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 6163.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6163 and the bill passed the Senate by the following vote:   Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Carlyle and Walsh

 

SENATE BILL NO. 6163, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6318, by Senators Takko, Warnick and Van De Wege

 

Clarifying existing law by creating a new intrastate food safety and security chapter from existing intrastate food safety laws and moving certain provisions in the intrastate commerce food, drugs, and cosmetics act to the titles of the agencies that administer the provisions.

 

MOTIONS

 

On motion of Senator Takko, Substitute Senate Bill No. 6318 was substituted for Senate Bill No. 6318 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Takko, the rules were suspended, Substitute Senate Bill No. 6318 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Takko and Warnick spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6318.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6318 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Carlyle and Walsh

 

SUBSTITUTE SENATE BILL NO. 6318, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6408, by Senators Padden and Pedersen

 

Regulating body worn cameras.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Padden, the rules were suspended, Senate Bill No. 6408 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 6408.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6408 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pedersen, Ranker, Rivers, Rolfes, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Carlyle and Walsh

 

SENATE BILL NO. 6408, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

At 3:21 p.m., on motion of Senator Liias, the Senate adjourned until 8:45 a.m. Friday, February 9, 2018.

 

CYRUS HABIB, President of the Senate

 

BRAD HENDRICKSON, Secretary of the Senate

 



 


1128-E

Committee Report......................................... 1

1151-S

Messages....................................................... 2

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Committee Report......................................... 1

1196-SE

Committee Report......................................... 1

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Committee Report......................................... 1

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Messages....................................................... 2

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Messages....................................................... 2

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Committee Report......................................... 1

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Committee Report......................................... 1

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Messages....................................................... 2

2851

Messages....................................................... 2

2951-S

Messages....................................................... 2

5442

Third Reading................................................ 4

Third Reading Final Passage..................... 4, 5

5633-S

Third Reading.............................................. 11

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

5683

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

5683-S

Second Reading......................................... 5, 6

Third Reading Final Passage......................... 6

5987

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

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

5996

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

5996-S

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

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

6017

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

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

6053

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

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

6065

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

6065-S

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

6065-SE

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

6068

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

6068-S

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

6068-SE

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

6086

Second Reading............................................. 6

6086-S2

Second Reading......................................... 6, 8

Third Reading Final Passage......................... 9

6133

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

6133-S

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

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

6136

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

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

6163

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

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

6257

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

6257-S

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

6257-SE

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

6318

Second Reading........................................... 14

6318-S

Second Reading........................................... 14

Third Reading Final Passage....................... 14

6334

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

6334-S

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

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

6408

Second Reading........................................... 14

Third Reading Final Passage....................... 14

6419

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

6419-S

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

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

6471

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

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

6514

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

6514-S

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

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

6609

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

9075 Lori M. Ramsdell

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

9093 Jeff A. Patnode

Confirmed...................................................... 5

CHAPLAIN OF THE DAY

Hessel, Pastor Amy, The Lutheran Church of the Good Shepard, Olympia          1

FLAG BEARERS

Cipriano, Miss Viola..................................... 1

Johnson, Mr. Connor..................................... 1

GUESTS

Cagle, Miss Miranda (Pledge of Allegiance) 1

Meeker Elementary School, Puyallup........... 6

Zeiger Elementary School, Puyallup............. 6

WASHINGTON STATE SENATE

Personal Privilege, Senator Baumgartner... 13

Point of Inquiry, Senator Padden.................. 4