NOON SESSION

Senate Chamber, Olympia

Tuesday, January 26, 2016

The Senate was called to order at 12:00 o’clock noon by the President of the Senate, Lt. Governor Owen presiding. No roll call was taken.

MOTION

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

MOTION

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

REPORTS OF STANDING COMMITTEES

January 25, 2016

SB 6117 Prime Sponsor, Senator Sheldon: Concerning notice against trespass. Reported by Committee on Law & Justice

MAJORITY recommendation: That Substitute Senate Bill No. 6117 be substituted therefor, and the substitute bill do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pearson and Roach.

MINORITY recommendation: Do not pass. Signed by Senators Pedersen, Ranking Minority Member; Darneille and Frockt.

Passed to Committee on Rules for second reading.

January 25, 2016

SB 6181 Prime Sponsor, Senator Becker: Concerning massage therapists. Reported by Committee on Health Care

MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Baumgartner; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.

Passed to Committee on Rules for second reading.

January 25, 2016

SB 6197 Prime Sponsor, Senator Miloscia: Concerning cybercrime. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pearson and Roach.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Pedersen, Ranking Minority Member; Darneille and Frockt.

Passed to Committee on Rules for second reading.

January 25, 2016

SB 6210 Prime Sponsor, Senator Dammeier: Creating the Washington achieving a better life experience program. Reported by Committee on Health Care

MAJORITY recommendation: That Substitute Senate Bill No. 6210 be substituted therefor, and the substitute bill do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Baumgartner; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.

Passed to Committee on Ways & Means.

January 25, 2016

SB 6238 Prime Sponsor, Senator Rivers: Allowing the prescription of schedule II controlled substances to treat certain disease states and conditions. Reported by Committee on Health Care

MAJORITY recommendation: That Substitute Senate Bill No. 6238 be substituted therefor, and the substitute bill do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Baumgartner; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Fain, and without objection, all measures listed on the Standing Committee report were referred to the committees as designated.

MOTION

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

MESSAGE FROM THE HOUSE

January 25, 2016

MR. PRESIDENT:

The House has passed:

SECOND SUBSTITUTE HOUSE BILL NO. 1737,

SUBSTITUTE HOUSE BILL NO. 2214,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2366

and the same are herewith transmitted.

BERNARD DEAN, Deputy Chief Clerk

MOTION

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

INTRODUCTION AND FIRST READING

SB 6548 by Senators Warnick, Padden, Roach and Benton

AN ACT Relating to allowing the use of gender-segregated facilities; and amending RCW 49.60.030.

Referred to Committee on Law & Justice.

SB 6549 by Senators Conway, Hobbs, Rolfes, Darneille, Parlette, Billig, Fraser, McAuliffe, Chase, Keiser, Mullet, Frockt and Habib

AN ACT Relating to the availability of retired teachers as substitutes; adding a new section to chapter 41.32 RCW; and creating a new section.

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

SB 6550 by Senators Pedersen, Becker, Cleveland, Keiser, Frockt, Conway, Chase, Carlyle and Roach

AN ACT Relating to allowing access to investigational products by terminally ill patients participating in clinical trials; adding a new chapter to Title 69 RCW; and prescribing penalties.

Referred to Committee on Health Care.

SB 6551 by Senators Warnick, Becker, Pearson, Angel, Brown and Schoesler

AN ACT Relating to a notice of violation for discharges from agricultural activity on agricultural land based on information provided to the department of ecology by a third party; and amending RCW 90.48.450.

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

SB 6552 by Senators McAuliffe, Chase, Dammeier and Frockt

AN ACT Relating to providing school districts with an assessment inventory tool to streamline the assessment system; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.320 RCW; creating a new section; and providing an expiration date.

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

SB 6553 by Senators Liias, Roach and McCoy

AN ACT Relating to improving emergency preparedness by expanding continuity of operations planning; amending RCW 38.52.030; adding a new section to chapter 38.52 RCW; and providing an effective date.

Referred to Committee on Government Operations & Security.

SB 6554 by Senators Benton, Pedersen, Padden, Darneille and Miloscia

AN ACT Relating to providing an aggravating circumstance for assault against a utility worker; and amending RCW 9.94A.535.

Referred to Committee on Law & Justice.

SB 6555 by Senators Rolfes, Cleveland, Jayapal, Darneille and Keiser

AN ACT Relating to increasing the personal needs allowance for persons receiving state-financed care; adding a new section to chapter 74.09 RCW; and creating a new section.

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

SB 6556 by Senators Padden and Miloscia

AN ACT Relating to authorizing the use of surety treatment bonds; amending RCW 18.185.010; and adding a new section to chapter 2.28 RCW.

Referred to Committee on Law & Justice.

SB 6557 by Senator Darneille

AN ACT Relating to reestablishing the juvenile justice partnership council under the administrative office of the courts; and adding new sections to chapter 2.56 RCW.

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

SB 6558 by Senators Parlette and Cleveland

AN ACT Relating to allowing a hospital pharmacy license to include individual practitioner offices and multipracitioner clinics owned and operated by a hospital and ensuring such offices and clinics are inspected according to the level of service provided; amending RCW 18.64.043; adding a new section to chapter 18.64 RCW; and declaring an emergency.

Referred to Committee on Health Care.

SB 6559 by Senator Chase

AN ACT Relating to progressive income tax; amending RCW 82.03.130, 82.03.140, 2.10.180, 2.12.090, 6.13.030, 6.15.020, 41.24.240, 41.32.052, 41.35.100, 41.40.052, 41.44.240, 41.26.053, 43.43.310, 82.08.020, 82.08.020, 84.52.065, 84.52.043, 84.52.050, 36.58.150, 36.60.040, 36.69.145, 36.73.060, 36.83.030, 36.100.050, 67.38.130, 84.69.020, 39.89.020, and 43.99I.040; amending 2016 c 1 s 3 (uncodified); reenacting and amending RCW 84.52.010 and 43.99H.060; adding a new title to the Revised Code of Washington to be codified as Title 82A RCW; creating new sections; repealing RCW 6.15.025; prescribing penalties; and providing a contingent effective date.

Referred to Committee on Ways & Means.

SB 6560 by Senator Chase

AN ACT Relating to acceptance of additional high school equivalency tests; amending RCW 28B.50.536; creating new sections; and declaring an emergency.

Referred to Committee on Higher Education.

SB 6561 by Senators Jayapal, Rivers, Cleveland, Fain, Keiser, Miloscia, Rolfes, Nelson, Litzow, Fraser and Darneille

AN ACT Relating to the statute of limitations for certain crimes; and amending RCW 9A.04.080.

Referred to Committee on Law & Justice.

SB 6562 by Senators Frockt, Cleveland, Jayapal, Darneille, Chase, Hasegawa and Keiser

AN ACT Relating to requiring an HPV immunization report; and adding a new section to chapter 70.290 RCW.

Referred to Committee on Health Care.

SB 6563 by Senators Becker, Dammeier, Keiser and Roach

AN ACT Relating to criminalizing female genital mutilation; amending RCW 18.130.180 and 9.94A.515; adding a new section to chapter 9A.36 RCW; and prescribing penalties.

Referred to Committee on Law & Justice.

SB 6564 by Senators O'Ban, Fain, Keiser, McAuliffe, Hobbs, Conway, Angel, Frockt and Warnick

AN ACT Relating to persons with developmental disabilities; amending RCW 43.190.010, 43.190.020, 43.190.030, and 43.190.040; and adding a new section to chapter 71A.12 RCW.

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

SB 6565 by Senator O'Ban

AN ACT Relating to allowing the disclosure of health care information with persons with a close relationship with a patient; amending RCW 70.02.050; and reenacting and amending RCW 70.02.230.

Referred to Committee on Health Care.

SB 6566 by Senator Carlyle

AN ACT Relating to providers of networking services that do not provide information content; and amending RCW 9.46.240.

Referred to Committee on Commerce & Labor.

SB 6567 by Senators Hobbs, Pearson, Liias, McCoy and McAuliffe

AN ACT Relating to the state route number 2 trestle; and creating new sections.

Referred to Committee on Transportation.

SB 6568 by Senator Warnick

AN ACT Relating to establishing a water discharge permit for concentrated animal feeding operations that is issued under the sole authority of state law; amending RCW 90.48.260, 90.64.030, and 90.64.120; adding new sections to chapter 90.48 RCW; creating a new section; and providing an expiration date.

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

SB 6569 by Senators Cleveland, Becker, Carlyle, Keiser and Ranker

AN ACT Relating to the creation of a task force on patient out-of-pocket costs; and creating new sections.

Referred to Committee on Health Care.

SB 6570 by Senator Ericksen

AN ACT Relating to prioritizing the expenditure of funds associated with the model toxics control act for the cleanup of toxic pollution; amending 2015 3rd sp.s. c 4 s 302 and 2015 3rd sp.s. c 3 s 3062 (uncodified); reenacting and amending RCW 70.105D.070; creating a new section; repealing 2015 3rd sp.s. c 3 ss 3055 and 3056 (uncodified); and declaring an emergency.

Referred to Committee on Energy, Environment & Telecommunications.

SJM 8021 by Senator Chase

Concerning implementation of the 2015 Agreement on Land, Rail, Marine, and Air Transport Preclearance.

Referred to Committee on Trade & Economic Development.

SJR 8214 by Senator Chase

Amending the Constitution to allow an income tax.

Referred to Committee on Ways & Means.

2SHB 1737 by House Committee on Appropriations (originally sponsored by Representatives Orcutt, Santos, Magendanz, Bergquist, Ortiz-Self, Kilduff, Kagi, Zeiger, Tarleton, Muri, Condotta and Pollet)

AN ACT Relating to the availability of retired teachers as substitutes; adding a new section to chapter 41.32 RCW; creating a new section; and declaring an emergency.

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

SHB 2214 by House Committee on Appropriations (originally sponsored by Representatives Reykdal, Taylor, Pettigrew, Shea, Gregory, G. Hunt, Pollet, Holy, Ryu, Haler, Sells, Santos, Farrell, Tarleton, Bergquist, Appleton, Moscoso, Takko, Peterson, Dunshee, Riccelli, Sawyer, Tharinger, Condotta, Gregerson, Stanford, Robinson, Fitzgibbon, Kilduff, Orwall, Ortiz-Self, Van De Wege, Goodman, Kirby, Blake, Wylie, Moeller, Fey, McBride, Hurst, Schmick, S. Hunt, Griffey and Young)

AN ACT Relating to increasing academic rigor and streamlining assessment requirements for high school students; amending RCW 28A.230.090, 28A.305.130, 28A.655.068, 28A.655.070, 28A.230.125, 28A.320.195, and 28A.700.080; adding new sections to chapter 28A.655 RCW; adding a new section to chapter 28A.300 RCW; creating a new section; repealing RCW 28A.655.061, 28A.655.063, 28A.655.065, and 28A.655.066; providing an expiration date; and declaring an emergency.

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

ESHB 2366 by House Committee on Appropriations (originally sponsored by Representatives Lytton, Magendanz, Sullivan, Caldier, Kochmar, Rossetti, Muri, Haler and Santos)

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.

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 exception of Senate Bill No. 6564 which was referred to the Committee on Human Services, Mental Health & Housing.

MOTION

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

MOTION

Senator Jayapal moved adoption of the following resolution:

SENATE RESOLUTION

8696

By Senators Jayapal, Nelson, Pedersen, Hasegawa, Chase, Conway, Darneille, Frockt, Fraser, Mullet, Dammeier, Hobbs, McCoy, Keiser, Warnick, Benton, Takko, Billig, McAuliffe, Habib, Rolfes, and Cleveland

WHEREAS, January 26, 2016, marks Republic Day in India, celebrating the adoption of the Constitution of the world's largest democracy; and

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

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

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

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

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

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

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

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the 2016 Republic Day as a symbol of the shared values of democracy and liberty, between the nation of India and both the State of Washington and the United States of America.

Senators Jayapal, Habib, McAuliffe and Hasegawa spoke in favor of adoption of the resolution.

PERSONAL PRIVILEGE

Senator Jayapal: “I wanted to just make sure people knew that we do have a cultural performance right after this and some food, not samosas. Mr. President you remember instead of mimosas we had samosas last time, but this time we have other Indian food and we invite everybody to join us and certainly all of you at the rostrum as well. Thank you Mr. President.”

INTRODUCTION OF GUESTS

The President welcomed and introduced members of the Indian-American Community who were seated in the gallery.

MOTION

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8696.

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

MOTION

At 12:16 p.m., on motion of Senator Fain, the Senate adjourned until 10:00 o’clock a.m., Wednesday, January 27, 2016.

BRAD OWEN, President of the Senate

HUNTER G. GOODMAN, Secretary of the Senate

1737-S2

Introduction & 1st Reading.......................... 3

Speaker Signed.............................................. 1

2214-S

Introduction & 1st Reading.......................... 3

Speaker Signed.............................................. 1

2366-S

Introduction & 1st Reading.......................... 3

Speaker Signed.............................................. 1

6117

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

6181

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

6197

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

6210

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

6238

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

6548

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

6549