FORTY SEVENTH DAY
Senate Chamber, Olympia
Friday, February 26, 2016
The Senate was called to order at 10:00 o’clock a.m. by the President of the Senate, Lt. Governor Owen presiding.
The Secretary called the roll and announced to the President that all Senators were present.
The Sergeant at Arms Color Guard consisting of Pages Mr. David Lambert and Miss Larkin Elizabeth Lucy, granddaughter of Senator Parlette, presented the Colors.
Page Miss Madeline Elizabeth Mathews led the Senate in the Pledge of Allegiance.
The prayer was offered by Reverend Jim Erlandson of Community Christ Church, Olympia.
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
February 25, 2016
SB 6201 Prime Sponsor, Senator Honeyford: Concerning the supplemental capital budget. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 6201 be substituted therefor, and the substitute bill do pass. Signed by Senators Hill, Chair; Braun, Vice Chair; Dammeier, Vice Chair; Honeyford, Vice Chair, Capital Budget Chair; Hargrove, Ranking Minority Member; Keiser, Assistant Ranking Member on the Capital Budget; Ranker, Ranking Minority Member, Operating; Bailey; Becker; Billig; Brown; Conway; Darneille; Hasegawa; Hewitt; Nelson; O'Ban; Padden; Parlette; Schoesler and Warnick.
MINORITY recommendation: Do not pass. Signed by Senators Pedersen and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
SB 6246 Prime Sponsor, Senator Hill: Making 2016 supplemental operating appropriations. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 6246 be substituted therefor, and the substitute bill do pass. Signed by Senators Hill, Chair; Braun, Vice Chair; Dammeier, Vice Chair; Honeyford, Vice Chair, Capital Budget Chair; Bailey; Becker; Brown; Hewitt; O'Ban; Padden; Parlette; Schoesler and Warnick.
MINORITY recommendation: Do not pass. Signed by Senators Hargrove, Ranking Minority Member; Keiser, Assistant Ranking Minority Member on the Capital Budget; Ranker, Ranking Minority Member, Operating; Billig; Conway; Darneille; Hasegawa; Nelson; Pedersen and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
SJR 8216 Prime Sponsor, Senator Roach: Amending the Constitution to require a two-thirds majority vote of the legislature to raise taxes. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Benton, Vice Chair; Pearson, Vice Chair and Dansel.
MINORITY recommendation: Do not pass. Signed by Senators McCoy, Ranking Minority Member; Habib and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
EHB 1003 Prime Sponsor, Representative Hawkins: Concerning the development of a model policy on natural disaster school infrastructure recovery. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
E3SHB 1295 Prime Sponsor, Committee on Appropriations: Concerning breakfast after the bell programs. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass as amended. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Ways & Means.
February 25, 2016
HB 1345 Prime Sponsor, Representative Lytton: Adopting a definition and standards of professional learning. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
2SHB 1408 Prime Sponsor, Committee on Education: Concerning the development of a definition and model for "family engagement coordinator" and other terms used interchangeably with it. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
4SHB 1541 Prime Sponsor, Committee on Appropriations: Implementing strategies to close the educational opportunity gap, based on the recommendations of the educational opportunity gap oversight and accountability committee. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass as amended. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Ways & Means.
February 25, 2016
3SHB 1682 Prime Sponsor, Committee on Appropriations: Improving educational outcomes for homeless students through increased in-school guidance supports, housing stability, and identification services. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass as amended. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Ways & Means.
February 25, 2016
2SHB 1737 Prime Sponsor, Committee on Appropriations: Addressing the availability of retired teachers as substitutes. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass as amended. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; Fain; Hill and Rivers.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators McAuliffe, Ranking Minority Member; Billig; Mullet and Rolfes.
Passed to Committee on Ways & Means.
February 25, 2016
E2SHB 1745 Prime Sponsor, Committee on State Government: Enacting the Washington voting rights act. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass as amended. Signed by Senators Roach, Chair; Benton, Vice Chair; McCoy, Ranking Minority Member; Habib and Takko.
MINORITY recommendation: Do not pass. Signed by Senator Dansel.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Pearson, Vice Chair.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 1790 Prime Sponsor, Committee on Education: Clarifying the authority of a nurse working in a school setting. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
MINORITY recommendation: Do not pass. Signed by Senator Dammeier, Vice Chair.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 1804 Prime Sponsor, Representative Springer: Concerning the confidentiality of educator professional growth plans. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Dammeier, Vice Chair.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 1867 Prime Sponsor, Committee on Education: Concerning the frequency of evaluations for certain classroom teachers. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Dammeier, Vice Chair.
Passed to Committee on Rules for second reading.
February 25, 2016
E2SHB 1983 Prime Sponsor, Committee on Appropriations: Creating the TEACH pilot project of financial assistance for teachers taking basic skills and content tests for teacher certification programs. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Dammeier, Vice Chair.
Passed to Committee on Ways & Means.
February 25, 2016
4SHB 1999 Prime Sponsor, Committee on Appropriations: Coordinating services and programs for foster youth in order to improve educational outcomes. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Ways & Means.
February 25, 2016
HB 2023 Prime Sponsor, Representative Parker: Changing the deadline for notices of nonrenewal of contracts for certificated school employees. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2360 Prime Sponsor, Representative Lytton: Eliminating the quality education council. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Ways & Means.
February 25, 2016
HB 2476 Prime Sponsor, Representative Johnson: Concerning waivers from the one hundred eighty-day school year requirement. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2503 Prime Sponsor, Committee on Local Government: Preventing water-sewer districts from prohibiting multipurpose fire sprinkler systems. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Benton, Vice Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Dansel; Habib and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2511 Prime Sponsor, Committee on Early Learning & Human Services: Concerning child care center licensing requirements. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; McAuliffe, Ranking Minority Member; Fain; Hill; Mullet and Rivers.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Dammeier, Vice Chair; Billig and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2519 Prime Sponsor, Committee on Local Government: Allowing nuisance abatement cost recovery for cities. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Benton, Vice Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Dansel; Habib and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
E2SHB 2573 Prime Sponsor, Committee on Appropriations: Concerning the shortage of public school teachers and substitute teachers. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass as amended. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
MINORITY recommendation: Do not pass. Signed by Senator McAuliffe, Ranking Minority Member.
Passed to Committee on Ways & Means.
February 25, 2016
HB 2597 Prime Sponsor, Representative Orwall: Requiring school districts to include sexual abuse as a topic in plans addressing students' emotional or behavioral distress. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2632 Prime Sponsor, Committee on State Government: Concerning gender requirements in the election of chair and vice chair positions for state committees of political parties. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Benton, Vice Chair; Pearson, Vice Chair; Dansel; Habib and Takko.
MINORITY recommendation: Do not pass. Signed by Senator McCoy, Ranking Minority Member.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2639 Prime Sponsor, Representative McCabe: Increasing the safety of school bus riders. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
EHB 2698 Prime Sponsor, Representative Lytton: Delaying implementation of revisions to the school levy lid and local effort assistance. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Dammeier, Vice Chair.
Passed to Committee on Ways & Means.
February 25, 2016
SHB 2716 Prime Sponsor, Committee on Early Learning & Human Services: Concerning working connections child care eligibility for vulnerable children. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Ways & Means.
February 25, 2016
SHB 2841 Prime Sponsor, Committee on Local Government: Concerning the state building code council. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass as amended. Signed by Senators Roach, Chair; Benton, Vice Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Dansel; Habib and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2851 Prime Sponsor, Committee on Education: Concerning compensation of school directors. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet and Rolfes.
MINORITY recommendation: Do not pass. Signed by Senator Rivers.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Dammeier, Vice Chair.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2875 Prime Sponsor, Committee on Technology & Economic Development: Establishing the office of privacy and data protection. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Benton, Vice Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Habib and Takko.
MINORITY recommendation: Do not pass. Signed by Senator Dansel.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2964 Prime Sponsor, Committee on Appropriations: Eliminating lunch copays for students who qualify for reduced-price lunches. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Ways & Means.
February 25, 2016
SGA 9310 BERL L. COLLEY, appointed on February 20, 2015, for the term ending July 1, 2019, as Member of the Washington State School for the Blind Board of Trustees. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Rules for second reading.
February 25, 2016
SGA 9322 CONNIE L. FLETCHER, reappointed on January 23, 2015, for the term ending January 12, 2019, as Member of the State Board of Education. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Minority Member; Billig; Fain; Hill; Mullet; Rivers and Rolfes.
Passed to Committee on Rules for second reading.
MOTION
Senator Fain moved that all measures listed on the Standing Committee report be referred to the committees as designated.
POINT OF ORDER
Senator Rolfes: “I object to the referral of Senate Joint Resolution No. 8216 to the Rules Committee. Under Senate Concurrent Resolution 8406 which establishes cutoff dates, the last day to read in committee reports for a Senate bill coming from committee other than a fiscal committee was Friday, February 5th. There are a specific list of exceptions to this rule but none of them apply in this instance. Therefore, Senate Joint Resolution No. 8216 is not properly before the body and should be returned to the Government Operations and Security Committee.”
MOTION
Senator Fain moved that all measures listed on the Standing Committee report be referred to the committees as designated with the exception of Senate Joint Resolution No. 8216, which should be held at the desk.
POINT OF ORDER
Senator Rolfes: “Thank you, Mr. President. I object to Senate Joint Resolution No. 8216 being held at the desk. It should be sent back to the Government Operations and Security Committee.”
The President declared the question before the Senate to be the motion by Senator Fain that all measures listed on the Standing Committee report be referred to the committees as designated with the exception of Senate Joint Resolution No. 8216, which should be held at the desk.
The motion by Senator Fain that the measures on the Standing Committee Report be referred to the committees as designated, with the exception of Senate Joint Resolution No. 8216, carried by voice vote.
MOTION
On motion of Senator Fain, and without objection, the Senate advanced to the third order of business.
MESSAGE FROM OTHER STATE OFFICERS
The following reports were read and received by the Senate:
Department of Commerce – “Bond Cap Allocation Program, 2016 Biennial Policy Report and Activity Summary”, pursuant to RCW 39.86.190, report date 2/12/2016
Health Care Authority – “Comparison of Federally Qualified Health Centers and Rural Health Clinics to Uniform Medical Plan Rates” in accordance with Engrossed Substitute Senate Bill No. 6052, report date 02/01/2016
Northwest Power and Conservation Council “The State of the Columbia River Basin in 2015” pursuant to RCW 70.275.140., report date 02/12/2016
Department of Social & Health Services, “Kinship Care Oversight Committee 2015 Report” pursuant to RCW 74.13.621 RCW, report date 12/31/2015
Department of Transportation “Fund Transfers Report, October - December 2015” in accordance with Second Engrossed Substitute House Bill No. 1299, report date 02/10/2016 and “Capital Projects and Nickel/TPA Projects Quarterly Reports - 2015-17 Biennium Quarter 2” in accordance with Second Engrossed Substitute House Bill No. 1299, report date 02/18/2016
Walla Walla Watershed Management Partnership – “Walla Walla Pilot Local Water Management Program, Interim Progress Report for 2013-2015” pursuant to RCW 90.92.060 RCW, report date 12/31/2015
MOTION
On motion of Senator Fain, and without objection, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6669 by Senators Brown and Braun
AN ACT Relating to consolidating business assistance programs and services; amending RCW 43.42.005, 43.42.010, 43.42.030, 43.42.090, 43.42.092, 43.42.095, 43.42.100, 34.05.320, 43.30.550, 43.42A.030, 43.88.585, 43.155.070, 43.157.020, 43.157.030, 43.160.060, 47.80.090, 77.55.181, 43.330.040, 43.330.050, 43.330.060, 43.330.090, and 43.330.440; reenacting and amending RCW 34.05.328; creating a new section; and providing an effective date.
Referred to Committee on Ways & Means.
MOTION
On motion of Senator Fain, and without objection, the measure listed on the Introduction and First Reading report was referred to the committee as designated.
MOTION
On motion of Senator Fain, and without objection, the Senate advanced to the eighth order of business.
MOTION
Senator Dansel moved adoption of the following resolution:
SENATE RESOLUTION
8720
By Senators Dansel, Litzow, Ericksen, Sheldon, Carlyle, Hasegawa, Hobbs, Chase, Takko, Billig, Conway, Fraser, Dammeier, Honeyford, Jayapal, and Pedersen
WHEREAS, A teacher in a small rural school district is often presented with unique challenges, expectations, and opportunities of the type not typically experienced in urban districts; and
WHEREAS, Catherine Diane Wilson has spent her entire 37-year career as a teacher in rural districts, with the first 7 years at J.L. Crowe Secondary School in Trail, British Columbia, followed by 30 consecutive years in the neighboring Northport School District in Stevens County; and
WHEREAS, Through the course of her career, Ms. Wilson has posted some varied and remarkable achievements, including starting the first boys' volleyball team at Northport High, and organizing and leading a month long trip to Europe in 1997 for 11 students--after first having to raise $14,000 through a community wide effort to cover travel expenses; and
WHEREAS, Ms. Wilson was the force behind the North Port Pioneer, the first and only student-generated newspaper at Northport High, which she managed and nurtured for 15 years; and
WHEREAS, Ms. Wilson invigorated the drama/theater and performing arts program during a time when other arts programs in the district were getting cut, and for many years was one of the instigators of the famous teacher Christmas skits; and
WHEREAS, Ms. Wilson once caused a very surprised truck driver to swerve and hit a guardrail after he saw her riding down the street on her bicycle wearing a Teletubby costume for school spirit week; and
WHEREAS, With the assistance of a retired local newspaper editor, Ms. Wilson produced a video that showed antiquated school supplies and infrastructure at Northport, featuring textbooks with lice in the seams, moldy walls and carpeting, asbestos-coated ceilings, and a female school bus driver chaining up in the mud; and
WHEREAS, Ms. Wilson then shared the video with the late Senator Bob Morton to show to the Legislature as a way of seeking funding for rural schools that would be less reliant on matching levies; and
WHEREAS, Ms. Wilson has spent her career teaching in a number of disciplines, including French, English, and filling in wherever needed while promoting health, fitness, and the expanded use of technology; and
WHEREAS, Ms. Wilson is retiring this June after a long and enjoyable career that made a huge difference in the lives of many Northport students;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the career of Catherine Diane Wilson as a living example of the kind of devotion, commitment, and dedication that all teachers in rural districts in Washington face through the course of their careers; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted to the Superintendent of the Northport School District in the honor of Ms. Wilson's distinguished teaching career.
Senator Dansel spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8720.
The motion by Senator Dansel carried and the resolution was adopted by voice vote.
PARLIAMENTARY INQUIRY
Senator Dansel: “I was required to get six signatures on this resolution. Evidently, there’s a rule that we have to get six signatures and present that to the floor leader. I’m wondering if that’s an actual rule that we voted on? When did that become part of the rules? It seems pretty ridiculous to me that I couldn’t present a resolution honoring a school teacher from Northport, Washington without getting six signatures. I didn’t think it was too controversial. When did this become a rule and did we vote on it?”
REPLY BY THE PRESIDENT
President Owen: “Senator Dansel, I can answer your question as far as the Senate Rules go. As far as the Senate Rules go, there is absolutely no rule that requires six signatures for any measure to be introduced to the Senate. It takes simply one signature of a senator. It may be a policy issue, but it is simply not an issue that is a rule of the senate.”
PERSONAL PRIVILEGE
Senator Rolfes: “Thank you, Mr. President. I just wanted to say we would have accepted his resolution with just one signature.”
PERSONAL PRIVILEGE
Senator Dansel: “I’d like to thank the good lady from the 23rd District. I didn’t think it was too big of a deal.”
Senator Fain announced a meeting of the Rules Committee immediately upon going at ease at the bar of the Senate.
Senator Fraser announced a meeting of the Democratic Caucus immediately following the meeting of the Committee on Rules .
Senator Parlette announced a meeting of the Majority Coalition Caucus immediately following the meeting of the Committee on Rules.
MOTION
At 10:18 a.m., on motion of Senator Fain, and without objection, the Senate was declared to be at ease subject to the call of the President.
The Senate was called to order at 11:53 a.m. by the President of the Senate, Lt. Governor Owen presiding.
MOTION
On motion of Senator Fain, and without objection, the Senate reverted to the sixth order of business.
MOTION TO LIMIT DEBATE
Pursuant to Rule 29, on motion of Senator Fain and without objection, senators were limited to speaking but once and for no more than three minutes on each question under debate for the remainder of the day by voice vote.
SECOND READING
SENATE BILL NO. 6201, by Senators Honeyford and Keiser
Concerning the supplemental capital budget.
MOTION
On motion of Senator Honeyford, Substitute Senate Bill No. 6201 was substituted for Senate Bill No. 6201 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Billig moved that the following amendment no. 665 by Senators Billig and Baumgartner be adopted:
On page 10, line 31, insert "Spokane Family Justice Center at the YWCA $75,000"
On page 10, line 32, strike "$130,269,000" and insert "$130,334,000"
On page 11, line 3, strike "$130,269,000" and insert "$130,334,000"
On page 11, line 7, strike "$130,269,000" and insert "$130,334,000"
Senators Billig and Honeyford spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 665 by Senators Baumgartner and Billig on page 10, line 31 to Substitute Senate Bill No. 6201.
The motion by Senator Billig carried and amendment no. 665 was adopted by voice vote.
MOTION
Senator Honeyford moved that the following amendment no. 667 by Senators Dammeier and Honeyford be adopted:
On page 24, line 22, strike "one dollar" and insert "not less than $200,000"
Senator Honeyford spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 667 by Senators Honeyford and Dammeier on page 24, line 22 to Substitute Senate Bill No. 6201.
The motion by Senator Honeyford carried and amendment no. 667 was adopted by voice vote.
MOTION
Senator Honeyford moved that the following amendment no. 664 by Senators Hargrove and Honeyford be adopted:
On page 44, line 31, strike everything through page 45, line 21
Senators Honeyford and Hargrove spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 664 by Senators Hargrove and Honeyford on page 44, line 31 to Substitute Senate Bill No. 6201.
The motion by Senator Honeyford carried and amendment no. 664 was adopted by voice vote.
MOTION
Senator Baumgartner moved that the following amendment no. 661 by Senator Baumgartner be adopted:
On page 57, after line 24, insert
"Sec. 5008. 2015 3rd sp.s. c 3 s 5056 (uncodified) is amended to read as follows:
FOR THE EASTERN WASHINGTON UNIVERSITY
University Science Center - Science I (30000001)
Appropriation:
State Building Construction Account-State . . .(($4,791,000))
$21,791,000
Prior Biennia (Expenditures) . . . $400,000
Future Biennia (Projected Costs . . .(($55,444,000))
$38,444,000
TOTAL . . . . .$60,635,000
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Baumgartner spoke in favor of adoption of the amendment.
Senator Honeyford spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 661 by Senator Baumgartner on page 57, after line 24 to Substitute Senate Bill No. 6201.
The motion by Senator Baumgartner did not carry and amendment no. 661 was not adopted by voice vote.
MOTION
On motion of Senator Honeyford, the rules were suspended, Engrossed Substitute Senate Bill No. 6201 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Honeyford, Keiser and Benton spoke in favor of passage of the bill.
Senator McCoy spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6201.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6201 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Hargrove, Hasegawa, Hewitt, Hill, Honeyford, Jayapal, Keiser, King, Litzow, Miloscia, Nelson, O'Ban, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Schoesler, Sheldon, Takko and Warnick
Voting nay: Senators Carlyle, Chase, Habib, Hobbs, Liias, McAuliffe, McCoy, Mullet, Pedersen and Rolfes
ENGROSSED SUBSTITUTE SENATE BILL NO. 6201, 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 Fain, and without objection, the Senate advanced to the seventh order of business.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Baumgartner moved that Michael D. Wilson, Gubernatorial Appointment No. 9306, be confirmed as a member of the Community Colleges of Spokane Board of Trustees.
Senators Baumgartner and Billig spoke in favor of passage of the motion.
APPOINTMENT OF MICHAEL D. WILSON
The President declared the question before the Senate to be the confirmation of Michael D. Wilson, Gubernatorial Appointment No. 9306, as a member of the Community Colleges of Spokane Board of Trustees.
The Secretary called the roll on the confirmation of Michael D. Wilson, Gubernatorial Appointment No. 9306, as a member of the Community Colleges of Spokane Board of Trustees and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Takko and Warnick
Michael D. Wilson, Gubernatorial Appointment No. 9306, having received the constitutional majority was declared confirmed as a member of the Community Colleges of Spokane Board of Trustees.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Rolfes moved that Jim Page, Gubernatorial Appointment No. 9286, be confirmed as a member of the Olympic College Board of Trustees.
Senators Rolfes and Sheldon spoke in favor of passage of the motion.
APPOINTMENT OF JIM PAGE
The President declared the question before the Senate to be the confirmation of Jim Page, Gubernatorial Appointment No. 9286, as a member of the Olympic College Board of Trustees.
The Secretary called the roll on the confirmation of Jim Page, Gubernatorial Appointment No. 9286, as a member of the Olympic College Board of Trustees and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Takko and Warnick
Jim Page, Gubernatorial Appointment No. 9286, having received the constitutional majority was declared confirmed as a member of the Olympic College Board of Trustees.
THIRD READING
SECOND SUBSTITUTE SENATE BILL NO. 5105, by Senate Committee on Ways & Means (originally sponsored by Senators Padden, Frockt, O'Ban, Fain, Fraser, Pearson, Roach and Darneille)
Making a fourth driving under the influence offense a felony.
The bill was read on Third Reading.
MOTION
On motion of Senator Padden, the rules were suspended and Second Substitute Senate Bill No. 5105 was returned to second reading for the purpose of amendment.
MOTION
Senator Padden moved that the following striking amendment no. 542 by Senators Padden and Frockt be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.61.502 and 2013 c 3 s 33 are each amended to read as follows:
(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of driving and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has ((four)) three or more prior offenses within ten years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.504(6).
Sec. 2. RCW 46.61.504 and 2015 2nd sp.s. c 3 s 24 are each amended to read as follows:
(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after being in actual physical control of a vehicle, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section and it is an affirmative defense to any action pursuant to RCW 46.20.308 to suspend, revoke, or deny the privilege to drive if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after being in control of the vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in control of the vehicle, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has ((four)) three or more prior offenses within ten years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.502(6).
Sec. 3. RCW 46.61.5055 and 2015 2nd sp.s. c 3 s 9 are each amended to read as follows:
(1) No prior offenses in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more than three hundred sixty-four days. Twenty-four consecutive hours of the imprisonment may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court may order not less than fifteen days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device or other separate alcohol monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more than three hundred sixty-four days. Forty-eight consecutive hours of the imprisonment may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court may order not less than thirty days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer or other separate alcohol monitoring device, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent.
(2) One prior offense in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor more than three hundred sixty-four days and sixty days of electronic home monitoring. In lieu of the mandatory minimum term of sixty days electronic home monitoring, the court may order at least an additional four days in jail or, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and the court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor more than three hundred sixty-four days and ninety days of electronic home monitoring. In lieu of the mandatory minimum term of ninety days electronic home monitoring, the court may order at least an additional six days in jail or, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and the court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended unless the court finds the offender to be indigent.
(3) Two ((or three)) prior offenses in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two ((or three)) prior offenses within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor more than three hundred sixty-four days, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and one hundred twenty days of electronic home monitoring. In lieu of the mandatory minimum term of one hundred twenty days of electronic home monitoring, the court may order at least an additional eight days in jail. The court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred twenty days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based; and
(ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred twenty days nor more than three hundred sixty-four days, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and one hundred fifty days of electronic home monitoring. In lieu of the mandatory minimum term of one hundred fifty days of electronic home monitoring, the court may order at least an additional ten days in jail. The offender shall pay for the cost of the electronic monitoring. The court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based; and
(ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent.
(4) ((Four)) Three or more prior offenses in ten years. A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be punished under chapter 9.94A RCW if:
(a) The person has ((four)) three or more prior offenses within ten years; or
(b) The person has ever previously been convicted of:
(i) A violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(ii) A violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of RCW 46.61.502(6) or 46.61.504(6).
(5) Monitoring.
(a) Ignition interlock device. The court shall require any person convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to comply with the rules and requirements of the department regarding the installation and use of a functioning ignition interlock device installed on all motor vehicles operated by the person.
(b) Monitoring devices. If the court orders that a person refrain from consuming any alcohol, the court may order the person to submit to alcohol monitoring through an alcohol detection breathalyzer device, transdermal sensor device, or other technology designed to detect alcohol in a person's system. The person shall pay for the cost of the monitoring, unless the court specifies that the cost of monitoring will be paid with funds that are available from an alternative source identified by the court. The county or municipality where the penalty is being imposed shall determine the cost.
(c) Ignition interlock device substituted for 24/7 sobriety program monitoring. In any county or city where a 24/7 sobriety program is available and verified by the Washington association of sheriffs and police chiefs, the court shall:
(i) Order the person to install and use a functioning ignition interlock or other device in lieu of such period of 24/7 sobriety program monitoring;
(ii) Order the person to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of this section; or
(iii) Order the person to install and use a functioning ignition interlock or other device in addition to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of this section.
(6) Penalty for having a minor passenger in vehicle. If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court shall:
(a) Order the use of an ignition interlock or other device for an additional six months;
(b) In any case in which the person has no prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional twenty-four hours of imprisonment and a fine of not less than one thousand dollars and not more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent;
(c) In any case in which the person has one prior offense within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional five days of imprisonment and a fine of not less than two thousand dollars and not more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent;
(d) In any case in which the person has two ((or three)) prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional ten days of imprisonment and a fine of not less than three thousand dollars and not more than ten thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent.
(7) Other items courts must consider while setting penalties. In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:
(a) Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property;
(b) Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers;
(c) Whether the driver was driving in the opposite direction of the normal flow of traffic on a multiple lane highway, as defined by RCW 46.04.350, with a posted speed limit of forty-five miles per hour or greater; and
(d) Whether a child passenger under the age of sixteen was an occupant in the driver's vehicle.
(8) Treatment and information school. An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.
(9) Driver's license privileges of the defendant. The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs must:
(a) Penalty for alcohol concentration less than 0.15. If the person's alcohol concentration was less than 0.15, or if for reasons other than the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) Where there has been no prior offense within seven years, be suspended or denied by the department for ninety days;
(ii) Where there has been one prior offense within seven years, be revoked or denied by the department for two years; or
(iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;
(b) Penalty for alcohol concentration at least 0.15. If the person's alcohol concentration was at least 0.15:
(i) Where there has been no prior offense within seven years, be revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven years, be revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or
(c) Penalty for refusing to take test. If by reason of the person's refusal to take a test offered under RCW 46.20.308, there is no test result indicating the person's alcohol concentration:
(i) Where there have been no prior offenses within seven years, be revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or
(iii) Where there have been two or more previous offenses within seven years, be revoked or denied by the department for four years.
The department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under this subsection for a suspension, revocation, or denial imposed under RCW 46.20.3101 arising out of the same incident.
Upon its own motion or upon motion by a person, a court may find, on the record, that notice to the department under RCW 46.20.270 has been delayed for three years or more as a result of a clerical or court error. If so, the court may order that the person's license, permit, or nonresident privilege shall not be revoked, suspended, or denied for that offense. The court shall send notice of the finding and order to the department and to the person. Upon receipt of the notice from the court, the department shall not revoke, suspend, or deny the license, permit, or nonresident privilege of the person for that offense.
For purposes of this subsection (9), the department shall refer to the driver's record maintained under RCW 46.52.120 when determining the existence of prior offenses.
(10) Probation of driving privilege. After expiration of any period of suspension, revocation, or denial of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.
(11) Conditions of probation. (a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes up to three hundred sixty-four days in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive; (ii) not driving a motor vehicle within this state without proof of liability insurance or other financial responsibility for the future pursuant to RCW 46.30.020; (iii) not driving or being in physical control of a motor vehicle within this state while having an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within two hours after driving; (iv) not refusing to submit to a test of his or her breath or blood to determine alcohol or drug concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drug; and (v) not driving a motor vehicle in this state without a functioning ignition interlock device as required by the department under RCW 46.20.720(3). The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i), (ii), (iii), (iv), or (v) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.
(12) Waiver of electronic home monitoring. A court may waive the electronic home monitoring requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home monitoring system. However, if a court determines that an alcohol monitoring device utilizing wireless reporting technology is reasonably available, the court may require the person to obtain such a device during the period of required electronic home monitoring;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic home monitoring is waived, the court shall state in writing the reason for granting the waiver and the facts upon which the waiver is based, and shall impose an alternative sentence with similar punitive consequences. The alternative sentence may include, but is not limited to, use of an ignition interlock device, the 24/7 sobriety program monitoring, additional jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home monitoring or alternative sentence would exceed three hundred sixty-four days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed three hundred sixty-four days.
(13) Extraordinary medical placement. An offender serving a sentence under this section, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the jail administrator subject to the standards and limitations set forth in RCW 9.94A.728(1)(c).
(14) Definitions. For purposes of this section and RCW 46.61.502 and 46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.25.110 or an equivalent local ordinance;
(iv) A conviction for a violation of RCW 79A.60.040(2) or an equivalent local ordinance;
(v) A conviction for a violation of RCW 79A.60.040(1) or an equivalent local ordinance committed in a reckless manner if the conviction is the result of a charge that was originally filed as a violation of RCW 79A.60.040(2) or an equivalent local ordinance;
(vi) A conviction for a violation of RCW 47.68.220 or an equivalent local ordinance committed while under the influence of intoxicating liquor or any drug;
(vii) A conviction for a violation of RCW 47.68.220 or an equivalent local ordinance committed in a careless or reckless manner if the conviction is the result of a charge that was originally filed as a violation of RCW 47.68.220 or an equivalent local ordinance while under the influence of intoxicating liquor or any drug;
(viii) A conviction for a violation of RCW 46.09.470(2) or an equivalent local ordinance;
(ix) A conviction for a violation of RCW 46.10.490(2) or an equivalent local ordinance;
(x) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.520 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(xi) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.522 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(xii) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(xiii) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (x), (xi), or (xii) of this subsection if committed in this state;
(xiv) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance;
(xv) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(xvi) A deferred prosecution granted in another state for a violation of driving or having physical control of a vehicle while under the influence of intoxicating liquor or any drug if the out-of-state deferred prosecution is equivalent to the deferred prosecution under chapter 10.05 RCW, including a requirement that the defendant participate in a chemical dependency treatment program; or
(xvii) A deferred sentence imposed in a prosecution for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the charge under which the deferred sentence was imposed was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or a violation of RCW 46.61.520 or 46.61.522;
If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in this subsection (14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing;
(b) "Treatment" means alcohol or drug treatment approved by the department of social and health services;
(c) "Within seven years" means that the arrest for a prior offense occurred within seven years before or after the arrest for the current offense; and
(d) "Within ten years" means that the arrest for a prior offense occurred within ten years before or after the arrest for the current offense.
(15) All fines imposed by this section apply to adult offenders only.
Sec. 4. RCW 9.94A.515 and 2015 c 261 s 11 are each amended to read as follows:
|
TABLE 2 |
|
|
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL |
|
XVI |
Aggravated Murder 1 (RCW 10.95.020) |
|
XV |
Homicide by abuse (RCW 9A.32.055) |
|
|
Malicious explosion 1 (RCW 70.74.280(1)) |
|
|
Murder 1 (RCW 9A.32.030) |
|
XIV |
Murder 2 (RCW 9A.32.050) |
|
|
Trafficking 1 (RCW 9A.40.100(1)) |
|
XIII |
Malicious explosion 2 (RCW 70.74.280(2)) |
|
|
Malicious placement of an explosive 1 (RCW 70.74.270(1)) |
|
XII |
Assault 1 (RCW 9A.36.011) |
|
|
Assault of a Child 1 (RCW 9A.36.120) |
|
|
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a)) |
|
|
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101) |
|
|
Rape 1 (RCW 9A.44.040) |
|
|
Rape of a Child 1 (RCW 9A.44.073) |
|
|
Trafficking 2 (RCW 9A.40.100(3)) |
|
XI |
Manslaughter 1 (RCW 9A.32.060) |
|
|
Rape 2 (RCW 9A.44.050) |
|
|
Rape of a Child 2 (RCW 9A.44.076) |
|
|
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520) |
|
X |
Child Molestation 1 (RCW 9A.44.083) |
|
|
Criminal Mistreatment 1 (RCW 9A.42.020) |
|
|
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a)) |
|
|
Kidnapping 1 (RCW 9A.40.020) |
|
|
Leading Organized Crime (RCW 9A.82.060(1)(a)) |
|
|
Malicious explosion 3 (RCW 70.74.280(3)) |
|
|
Sexually Violent Predator Escape (RCW 9A.76.115) |
|
IX |
Abandonment of Dependent Person 1 (RCW 9A.42.060) |
|
|
Assault of a Child 2 (RCW 9A.36.130) |
|
|
Explosive devices prohibited (RCW 70.74.180) |
|
|
Hit and Run—Death (RCW 46.52.020(4)(a)) |
|
|
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050) |
|
|
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) |
|
|
Malicious placement of an explosive 2 (RCW 70.74.270(2)) |
|
|
Robbery 1 (RCW 9A.56.200) |
|
|
Sexual Exploitation (RCW 9.68A.040) |
|
VIII |
Arson 1 (RCW 9A.48.020) |
|
|
Commercial Sexual Abuse of a Minor (RCW 9.68A.100) |
|
|
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050) |
|
|
Manslaughter 2 (RCW 9A.32.070) |
|
|
Promoting Prostitution 1 (RCW 9A.88.070) |
|
|
Theft of Ammonia (RCW 69.55.010) |
|
|
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520) |
|
VII |
Burglary 1 (RCW 9A.52.020) |
|
|
Child Molestation 2 (RCW 9A.44.086) |
|
|
Civil Disorder Training (RCW 9A.48.120) |
|
|
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1)) |
|
|
Drive-by Shooting (RCW 9A.36.045) |
|
|
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050) |
|
|
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c)) |
|
|
Introducing Contraband 1 (RCW 9A.76.140) |
|
|
Malicious placement of an explosive 3 (RCW 70.74.270(3)) |
|
|
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675) |
|
|
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1)) |
|
|
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)) |
|
|
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225) |
|
|
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) |
|
VI |
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) |
|
|
Bribery (RCW 9A.68.010) |
|
|
Incest 1 (RCW 9A.64.020(1)) |
|
|
Intimidating a Judge (RCW 9A.72.160) |
|
|
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130) |
|
|
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) |
|
|
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1)) |
|
|
Rape of a Child 3 (RCW 9A.44.079) |
|
|
Theft of a Firearm (RCW 9A.56.300) |
|
|
Unlawful Storage of Ammonia (RCW 69.55.020) |
|
V |
Abandonment of Dependent Person 2 (RCW 9A.42.070) |
|
|
Advancing money or property for extortionate extension of credit (RCW 9A.82.030) |
|
|
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) |
|
|
Child Molestation 3 (RCW 9A.44.089) |
|
|
Criminal Mistreatment 2 (RCW 9A.42.030) |
|
|
Custodial Sexual Misconduct 1 (RCW 9A.44.160) |
|
|
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2)) |
|
|
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145) |
|
|
((Driving While Under the Influence (RCW 46.61.502(6)))) |
|
|
Extortion 1 (RCW 9A.56.120) |
|
|
Extortionate Extension of Credit (RCW 9A.82.020) |
|
|
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040) |
|
|
Incest 2 (RCW 9A.64.020(2)) |
|
|
Kidnapping 2 (RCW 9A.40.030) |
|
|
Perjury 1 (RCW 9A.72.020) |
|
|
Persistent prison misbehavior (RCW 9.94.070) |
|
|
((Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6)))) |
|
|
Possession of a Stolen Firearm (RCW 9A.56.310) |
|
|
Rape 3 (RCW 9A.44.060) |
|
|
Rendering Criminal Assistance 1 (RCW 9A.76.070) |
|
|
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2)) |
|
|
Sexual Misconduct with a Minor 1 (RCW 9A.44.093) |
|
|
Sexually Violating Human Remains (RCW 9A.44.105) |
|
|
Stalking (RCW 9A.46.110) |
|
|
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070) |
|
IV |
Arson 2 (RCW 9A.48.030) |
|
|
Assault 2 (RCW 9A.36.021) |
|
|
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h)) |
|
|
Assault by Watercraft (RCW 79A.60.060) |
|
|
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100) |
|
|
Cheating 1 (RCW 9.46.1961) |
|
|
Commercial Bribery (RCW 9A.68.060) |
|
|
Counterfeiting (RCW 9.16.035(4)) |
|
|
Driving While Under the Influence (RCW 46.61.502(6)) |
|
|
Endangerment with a Controlled Substance (RCW 9A.42.100) |
|
|
Escape 1 (RCW 9A.76.110) |
|
|
Hit and Run—Injury (RCW 46.52.020(4)(b)) |
|
|
Hit and Run with Vessel—Injury Accident (RCW 79A.60.200(3)) |
|
|
Identity Theft 1 (RCW 9.35.020(2)) |
|
|
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010) |
|
|
Influencing Outcome of Sporting Event (RCW 9A.82.070) |
|
|
Malicious Harassment (RCW 9A.36.080) |
|
|
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6)) |
|
|
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2)) |
|
|
Residential Burglary (RCW 9A.52.025) |
|
|
Robbery 2 (RCW 9A.56.210) |
|
|
Theft of Livestock 1 (RCW 9A.56.080) |
|
|
Threats to Bomb (RCW 9.61.160) |
|
|
Trafficking in Stolen Property 1 (RCW 9A.82.050) |
|
|
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b)) |
|
|
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3)) |
|
|
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3)) |
|
|
Unlawful transaction of insurance business (RCW 48.15.023(3)) |
|
|
Unlicensed practice as an insurance professional (RCW 48.17.063(2)) |
|
|
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2)) |
|
|
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3)) |
|
|
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522) |
|
|
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1)) |
|
|
Willful Failure to Return from Furlough (RCW 72.66.060) |
|
III |
Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3)) |
|
|
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h)) |
|
|
Assault of a Child 3 (RCW 9A.36.140) |
|
|
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) |
|
|
Burglary 2 (RCW 9A.52.030) |
|
|
Communication with a Minor for Immoral Purposes (RCW 9.68A.090) |
|
|
Criminal Gang Intimidation (RCW 9A.46.120) |
|
|
Custodial Assault (RCW 9A.36.100) |
|
|
Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3)) |
|
|
Escape 2 (RCW 9A.76.120) |
|
|
Extortion 2 (RCW 9A.56.130) |
|
|
Harassment (RCW 9A.46.020) |
|
|
Intimidating a Public Servant (RCW 9A.76.180) |
|
|
Introducing Contraband 2 (RCW 9A.76.150) |
|
|
Malicious Injury to Railroad Property (RCW 81.60.070) |
|
|
Mortgage Fraud (RCW 19.144.080) |
|
|
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674) |
|
|
Organized Retail Theft 1 (RCW 9A.56.350(2)) |
|
|
Perjury 2 (RCW 9A.72.030) |
|
|
Possession of Incendiary Device (RCW 9.40.120) |
|
|
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190) |
|
|
Promoting Prostitution 2 (RCW 9A.88.080) |
|
|
Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2)) |
|
|
Securities Act violation (RCW 21.20.400) |
|
|
Tampering with a Witness (RCW 9A.72.120) |
|
|
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2)) |
|
|
Theft of Livestock 2 (RCW 9A.56.083) |
|
|
Theft with the Intent to Resell 1 (RCW 9A.56.340(2)) |
|
|
Trafficking in Stolen Property 2 (RCW 9A.82.055) |
|
|
Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b)) |
|
|
Unlawful Imprisonment (RCW 9A.40.040) |
|
|
Unlawful Misbranding of Food Fish or Shellfish 1 (RCW 69.04.938(3)) |
|
|
Unlawful possession of firearm in the second degree (RCW 9.41.040(2)) |
|
|
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b)) |
|
|
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b)) |
|
|
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4)) |
|
|
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522) |
|
|
Willful Failure to Return from Work Release (RCW 72.65.070) |
|
II |
Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b)) |
|
|
Computer Trespass 1 (RCW 9A.52.110) |
|
|
Counterfeiting (RCW 9.16.035(3)) |
|
|
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3)) |
|
|
Escape from Community Custody (RCW 72.09.310) |
|
|
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132) |
|
|
Health Care False Claims (RCW 48.80.030) |
|
|
Identity Theft 2 (RCW 9.35.020(3)) |
|
|
Improperly Obtaining Financial Information (RCW 9.35.010) |
|
|
Malicious Mischief 1 (RCW 9A.48.070) |
|
|
Organized Retail Theft 2 (RCW 9A.56.350(3)) |
|
|
Possession of Stolen Property 1 (RCW 9A.56.150) |
|
|
Possession of a Stolen Vehicle (RCW 9A.56.068) |
|
|
Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3)) |
|
|
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100) |
|
|
Theft 1 (RCW 9A.56.030) |
|
|
Theft of a Motor Vehicle (RCW 9A.56.065) |
|
|
Theft of Rental, Leased, ((or)) Lease-purchased, or Loaned Property (valued at ((one)) five thousand ((five hundred)) dollars or more) (RCW 9A.56.096(5)(a)) |
|
|
Theft with the Intent to Resell 2 (RCW 9A.56.340(3)) |
|
|
Trafficking in Insurance Claims (RCW 48.30A.015) |
|
|
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a)) |
|
|
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2)) |
|
|
Unlawful Practice of Law (RCW 2.48.180) |
|
|
Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b)) |
|
|
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a)) |
|
|
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7)) |
|
|
Voyeurism (RCW 9A.44.115) |
|
I |
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024) |
|
|
False Verification for Welfare (RCW 74.08.055) |
|
|
Forgery (RCW 9A.60.020) |
|
|
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060) |
|
|
Malicious Mischief 2 (RCW 9A.48.080) |
|
|
Mineral Trespass (RCW 78.44.330) |
|
|
Possession of Stolen Property 2 (RCW 9A.56.160) |
|
|
Reckless Burning 1 (RCW 9A.48.040) |
|
|
Spotlighting Big Game 1 (RCW 77.15.450(3)(b)) |
|
|
Suspension of Department Privileges 1 (RCW 77.15.670(3)(b)) |
|
|
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) |
|
|
Theft 2 (RCW 9A.56.040) |
|
|
Theft of Rental, Leased, ((or)) Lease-purchased, or Loaned Property (valued at ((two)) seven hundred fifty dollars or more but less than ((one)) five thousand ((five hundred)) dollars) (RCW 9A.56.096(5)(b)) |
|
|
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063) |
|
|
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b)) |
|
|
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060) |
|
|
Unlawful Possession of Fictitious Identification (RCW 9A.56.320) |
|
|
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320) |
|
|
Unlawful Possession of Payment Instruments (RCW 9A.56.320) |
|
|
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320) |
|
|
Unlawful Production of Payment Instruments (RCW 9A.56.320) |
|
|
Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b)) |
|
|
Unlawful Trafficking in Food Stamps (RCW 9.91.142) |
|
|
Unlawful Use of Food Stamps (RCW 9.91.144) |
|
|
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b)) |
|
|
Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3)) |
|
|
Vehicle Prowl 1 (RCW 9A.52.095) |
|
|
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) |
|
Sec. 5. RCW 46.61.5054 and 2015 c 265 s 32 are each amended to read as follows:
(1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and RCW 46.61.5055 thereafter, a two hundred fifty dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants and activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.
(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and, subject to subsection (((4))) (5) of this section, one hundred seventy-five dollars of the fee must be distributed as follows:
(a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.
(b) The remainder of the fee shall be forwarded to the state treasurer who shall, through June 30, 1997, deposit: Fifty percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and fifty percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(3) Twenty-five dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety fund to be used solely for funding Washington traffic safety commission grants to reduce statewide collisions caused by persons driving under the influence of alcohol or drugs. Grants awarded under this subsection may be for projects that encourage collaboration with other community, governmental, and private organizations, and that utilize innovative approaches based on best practices or proven strategies supported by research or rigorous evaluation. Grants recipients may include, for example:
(a) DUI courts; and
(b) Jurisdictions implementing the victim impact panel registries under RCW 46.61.5152 and 10.01.230.
(4) Fifty dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety fund to be used solely for funding Washington traffic safety commission grants to organizations within counties targeted for programs to reduce driving under the influence of alcohol or drugs.
(5) If the court has suspended payment of part of the fee pursuant to subsection (1)(b) of this section, amounts collected shall be distributed proportionately.
(((5))) (6) This section applies to any offense committed on or after July 1, 1993, and only to adult offenders."
On page 1, line 2 of the title, after "felony;" strike the remainder of the title and insert "amending RCW 46.61.502, 46.61.504, 46.61.5055, 9.94A.515, and 46.61.5054; and prescribing penalties."
Senator Padden spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of striking amendment no. 542 by Senators Padden and Frockt to Second Substitute Senate Bill No. 5105.
The motion by Senator Padden carried and striking amendment no. 542 was adopted by voice vote.
MOTION
On motion of Senator Padden, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5105 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Padden and Frockt spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5105.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5105 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Takko and Warnick
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5105, 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 GUESTS
The President welcomed and introduced fifth grade students from Elizabeth Blackwell Elementary School, Sammamish, and their advisor Ms. Karen Lepere, guests of Senator Hill, who were seated in the gallery.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Pedersen moved that Patrick Escamilla, Gubernatorial Appointment No. 9044, be confirmed as a member of the Sentencing Guidelines Commission.
Senators Pedersen and Darneille spoke in favor of passage of the motion.
MOTION
On motion of Senator Mullet, and without objection, Senator Liias was excused.
APPOINTMENT OF PATRICK ESCAMILLA
The President declared the question before the Senate to be the confirmation of Patrick Escamilla, Gubernatorial Appointment No. 9044, as a member of the Sentencing Guidelines Commission.
The Secretary called the roll on the confirmation of Patrick Escamilla, Gubernatorial Appointment No. 9044, as a member of the Sentencing Guidelines Commission and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Takko and Warnick
Excused: Senator Liias
Patrick Escamilla, Gubernatorial Appointment No. 9044, having received the constitutional majority was declared confirmed as a member of the Sentencing Guidelines Commission.
MOTION
Senator Pedersen moved that Kimberly Gordon, Gubernatorial Appointment No. 9059, be confirmed as a member of the Sentencing Guidelines Commission.
Senator Pedersen spoke in favor of the motion.
APPOINTMENT OF KIMBERLY GORDON
The President declared the question before the Senate to be the confirmation of Kimberly Gordon, Gubernatorial Appointment No. 9059, as a member of the Sentencing Guidelines Commission.
The Secretary called the roll on the confirmation of Kimberly Gordon, Gubernatorial Appointment No. 9059, as a member of the Sentencing Guidelines Commission and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Takko and Warnick
Kimberly Gordon, Gubernatorial Appointment No. 9059, having received the constitutional majority was declared confirmed as a member of the Sentencing Guidelines Commission.
INTRODUCTION OF GUESTS
The President welcomed and introduced fifth grade students from Ridgewood Elementary School, Renton, and their advisor Mr. Steve Hoell, guests of Senator Hasegawa, who were seated in the gallery.
MOTION
Senator Padden moved that Maryann Moreno, Gubernatorial Appointment No. 9117, be confirmed as a member of the Sentencing Guidelines Commission.
Senator Padden spoke in favor of the motion.
APPOINTMENT OF MARYANN MORENO
The President declared the question before the Senate to be the confirmation of Maryann Moreno, Gubernatorial Appointment No. 9117, as a member of the Sentencing Guidelines Commission.
The Secretary called the roll on the confirmation of Maryann Moreno, Gubernatorial Appointment No. 9117, as a member of the Sentencing Guidelines Commission and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Takko and Warnick
Maryann Moreno, Gubernatorial Appointment No. 9117, having received the constitutional majority was declared confirmed as a member of the Sentencing Guidelines Commission.
MOTION
On motion of Senator Fain, and without objection, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 6246, by Senators Hill and Hargrove
Making 2016 supplemental operating appropriations.
MOTION
On motion of Senator Hill, Substitute Senate Bill No. 6246 was substituted for Senate Bill No. 6246 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Frockt moved that the following amendment no. 668 by Senators Frockt, Pedersen, Mullet, Rolfes and Liias be adopted:
On page 22, line 30, increase the General Fund- -State FY 2017 appropriation by $2,000,000 and adjust the total appropriation accordingly.
On page 31, after line 38, insert the following:
"(43) $2,000,000 of the general fund-state appropriation for fiscal year 2017 is provided solely for the implementation and administration of a competitive grant program for stable housing for unaccompanied homeless youth from very low-income households, in consultation with the office of the superintendent of public instruction. The grant program shall link homeless students and their families with housing located in the student’s school district to provide educational stability for homeless students by promoting housing stability. A maximum of fifteen grants of up to five hundred thousand dollars to school districts partnered with eligible organizations, such as local government, local housing authority, regional support network established under chapter 71.24 RCW, nonprofit community or neighborhood-based organization, federally recognized Indian tribe in the state of Washington, or regional or statewide nonprofit housing assistance organization, shall be awarded. Applications for the grant program must include contractual agreements between the housing providers and school districts defining the responsibilities and commitments of each party to identify, house, and support homeless students. Activities eligible for assistance under this grant program include but are not limited to:
(a) Rental assistance, which includes utilities, security and utility deposits, first and last month's rent, rental application fees, moving expenses, and other eligible expenses to be determined by the department;
(b) Transportation assistance, including gasoline assistance for families with vehicles and bus passes;
(c) Emergency shelter; and
(d) Housing stability case management.
On page 166, line 9, increase the General Fund- -State FY 2017 appropriation by $2,000,000 and adjust the total appropriation accordingly.
On page 180, after line 32, insert the following:
"(47) $2,000,000 of the general fund-state appropriation for fiscal year 2017 is provided solely for the office of the superintendent of public instruction for the following:
(a)Create a competitive grant process to evaluate and award state-funded three-year grants to school districts to increase identification of homeless students and the capacity of the districts to provide support, which may include education liaisons, for homeless students;
(b) Provide grants to school districts based on the demonstrated need of the school district with consideration of the number or overall percentage, or both, of homeless children and youths enrolled in preschool, elementary, and secondary schools in the school district, and the ability of the local school district to meet these needs. Preference must be given to districts that demonstrate a commitment to serving the needs of unaccompanied youth. School districts must certify that grant funds allocated under this section must not supplant existing federal, state, or local resources for homeless student supports, which may include education liaisons; and
(c) Collect and report from the grantees how often each student physically moves during the school year, what services families or unaccompanied youth could access, and whether or not a family or unaccompanied youth received stable housing by the end of the school year. The information collected must be published on the office's website annually."
Senators Frockt, Rolfes, Liias and Chase spoke in favor of adoption of the amendment.
Senator Miloscia spoke against adoption of the amendment.
MOTION
Senator Rolfes 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 the amendment no. 668 by Senators Frockt, Pedersen, Mullet, Rolfes and Liias on page 22, line 30, to Substitute Senate Bill No. 6246.
ROLL CALL
The Secretary called the roll on the adoption of amendment no. 668 and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.
Voting yea: Senators Billig, Carlyle, Chase, Cleveland, Conway, Darneille, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hobbs, Jayapal, Keiser, Liias, Litzow, McAuliffe, McCoy, Mullet, Nelson, Pedersen, Ranker, Rolfes and Takko
Voting nay: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Dammeier, Dansel, Ericksen, Fain, Hewitt, Hill, Honeyford, King, Miloscia, O'Ban, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon and Warnick
MOTION
Senator Liias moved that the following amendment no. 670 by Senator Liias be adopted:
On page 52, on line 34, increase the amount by $841,000 and adjust the totals accordingly.
On page 58, after line 21, insert the following:
"(20) $841,000 of the general fund—state appropriation for fiscal year 2017 is provided solely for a base rate increase and an increase in tiered reimbursement rates, levels three through five, for licensed family child care providers. This funding is for the supplemental agreement to the 2015-2017 collective bargaining agreement covering family child care providers as set forth in section 947 of this act."
On page 93, on line 8, increase the amount by $8,048,000 and adjust the totals accordingly.
On page 93, on line 18, strike "$163,463,000" insert "171,511,000"
On page 95, on line 2, after "education system)." insert the following:
"Of the amounts provided in this subsection (1)(d), $8,048,000 of the appropriation for fiscal year 2017 is provided solely for a base rate increase. This funding is for the supplemental agreement to the 2015-2017 collective bargaining agreement covering family child care providers as set forth in section 947 of this act."
On page 241, on line 21, increase the amount by $3,777,000 and adjust the totals accordingly.
On page 244, on line 18, strike "$18,841,000" and insert "$12,828,000"
On page 246, after line 25, insert the following:
"(18) $3,777,000 of the general fund—state appropriation for fiscal year 2017 is provided solely for the supplemental agreement to the 2015-2017 collective bargaining agreement covering family child care providers as set forth in section 947 of this act. Of the amounts provided in this subsection:
(a) $638,000 is for a base rate increase;
(b) $956,000 is for an increase in tiered reimbursement rates for levels three through five;
(c) $1,315,000 is for an increase in quality improvement awards;
(d) $478,000 is provided for training and quality improvement support services to family child care providers provided by the 501(c)(3) organization created for this purpose;
(e) $190,000 is provided for the administration of the family child care training and quality improvement fund and participation in the joint committee on family child care providers training and quality improvement; and
(f) $200,000 is provided for a slot-based pilot."
On page 325, after line 8, insert the following:
"NEW SECTION. Sec. 949. A new section is added to 2015 3rd sp.s. c 4 (uncodified) to read as follows:
SUPPLEMENTAL COLLECTIVE BARGAINING AGREEMENT FOR NONSTATE EMPLOYEES—SEIU LOCAL 925 CHILDCARE WORKERS
(1) An agreement was reached between the governor and the service employees international union local 925 through an interest arbitration decision and under the provisions of chapter 41.56 RCW for the 2015-2017 fiscal biennium. In the 2015 3rd sp.s., the legislature approved the request for funds necessary to implement the compensation and benefit provisions of the agreement. The agreement included two reopener provisions that required the state and union to enter into bargaining to bargain over quality improvement awards and tiered reimbursement subsidy rates for fiscal year 2017 based on the results of the pilot program.
(2) Pursuant to the reopener provisions, a supplemental agreement has been reached for fiscal year 2017 between the governor and the service employees international union local 925 under the provisions of chapter 41.56 RCW. Funding is provided for a variable base rate increase relative to the 2015 market rate survey, an increase to the tiered reimbursement rates at levels three through five, an increase in the quality improvement awards, a new training and quality improvement committee and fund, and a slot based pilot project."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Liias spoke in favor of adoption of the amendment.
Senator Braun spoke against adoption of the amendment.
MOTION
Senator Rolfes 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 the amendment no. 670 by Senator Liias on page 52, line 34, to Substitute Senate Bill No. 6246.
ROLL CALL
The Secretary called the roll on the adoption of the amendment no 670 and the amendment, having failed to receive the required two-thirds majority, was not adopted by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.
Voting yea: Senators Billig, Carlyle, Chase, Cleveland, Conway, Darneille, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hobbs, Jayapal, Keiser, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, Pedersen, Ranker, Rolfes and Takko
Voting nay: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Dammeier, Dansel, Ericksen, Fain, Hewitt, Hill, Honeyford, King, O'Ban, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon and Warnick
POINT OF ORDER
Senator Rolfes: “That vote had a majority of yes votes for the amendment. We want to clarify the reason that it did not pass?”
RULING BY THE PRESIDENT
President Owen: “You are required to have a 60 percent vote on the budget.”
POINT OF INQUIRY
Senator Rolfes: “So the rule that was passed by the majority last year is still working through these amendments that it must require a super majority vote to pass? Just clarifying that for the members.”
REPLY BY THE PRESIDENT
President Owen: “That rule is part of the permanent rules until you change it.”
MOTION
Senator Darneille moved that the following amendment no. 671 by Senator Darneille be adopted:
On page 64, line 4, increase the General Fund--State FY 2017 appropriation by $43,611,000
On page 64, line 6, increase the General Fund--Federal appropriation by $32,168,000 and adjust the total appropriation accordingly.
On page 70, after line 3, strike all of subsection (v), and insert the following:
"(v) By April 1, 2016, the department must establish maximum levels for all reserves allowed under behavioral health organization contracts and must monitor and ensure that behavioral health organization reserves do not exceed maximum levels. The department must monitor behavioral health organization revenue and expenditure reports and must require a behavioral health organization to submit a corrective action plan when its reported reserves exceed maximum levels established under the contract. The department must review and approve such plans and monitor to ensure compliance. If the department determines that a behavioral health organization has failed to provide an adequate excess reserve corrective action plan or is not complying with an approved plan, the department must reduce payments to the behavioral health organization in accordance with remedial actions provisions included in the contract. These reductions in payments must continue until the department determines that the behavioral health organization has come into substantial compliance with an approved excess reserve corrective action plan."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Darneille, Cleveland and Liias spoke in favor of adoption of the amendment.
Senator Braun spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 671 by Senator Darneille on page 64, line 4 to Substitute Senate Bill No. 6246.
The motion by Senator Darneille did not carry and amendment no. 671 was not adopted by voice vote.
REMARKS BY THE PRESIDENT
President Owen: “For the members’ reference, if you wanted to refer to the rule on the 60 percent, it is Rule 53 in the permanent Senate Rules.”
MOTION
Senator Cleveland moved that the following amendment no. 666 by Senator Cleveland be adopted:
On page 83, line 8, increase the General Fund-State FY2017 appropriation by $910,000 and adjust the total accordingly;
On page 83, line 10, increase the General Fund-Federal Appropriation by $40,500 and adjust the total accordingly;
On page 92, after line 40, insert the following:
"(19)(a) $910,000 of the general fund--state appropriation for fiscal year 2017, and 40,500 of the general fund--federal appropriation are provided solely for the department of social and health services to implement an elder justice demonstration program to include establishing an elder justice center in Spokane county and expanding the elder justice center located in Clark county. The department and the counties shall enter into memoranda of understanding or working agreements necessary to operate senior-focused programs that coordinate a locally tailored, collaborative, multidisciplinary approach to the prevention, investigation, prosecution, and treatment of abandonment, abuse, neglect, and financial exploitation of vulnerable adults. The memoranda and agreements must allow for the pooling of state and local resources, and support the development of local protocols for coordinated access to services including, but not limited to, advocacy and case review by multidisciplinary teams that include, but are not limited to, adult protective services, law enforcement officers, a prosecuting attorney, a victim advocate, representation from a local guardianship program, if available, and a program coordinator.
(b) The department shall submit a report to the governor and the appropriate committees of the legislature by December 1, 2017, discussing the effectiveness of the elder justice center model in increasing community capacity to prevent and respond to abandonment, abuse, neglect, and financial exploitation of vulnerable adults."
Senators Cleveland and Takko spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 666 by Senator Cleveland on page 83, line 8 to Substitute Senate Bill No. 6246.
The motion by Senator Cleveland did not carry and amendment no. 666 was not adopted by voice vote.
MOTION
Senator Darneille moved that the following amendment no. 672 by Senator Darneille be adopted:
On page 93, on line 8, increase the amount by $15,000,000 and adjust the totals accordingly.
On page 93, on line 18, strike "163,463,000" and insert "178,463,000"
On page 94, on line 3, strike "316,460,000" and insert "331,460,000"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Darneille spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 672 by Senator Darneille on page 93, line 8 to Engrossed Substitute Senate Bill No. 6246.
The motion by Senator Darneille did not carry and amendment no. 672 was not adopted by voice vote.
MOTION
Senator Habib moved that the following amendment no. 673 by Senator Habib be adopted:
On page 106, line 38, increase the General Fund--State FY 2017 appropriation by $1,876,000
On page 107, line 1, increase the General Fund--Federal appropriation by $8,855,000 and adjust the total appropriation accordingly.
On page 118, after line 27, insert the following:
"(tt) Sufficient amounts are appropriated in this section for the authority to provide an adult vision hardware benefit and an adult hearing hardware benefit."
Senator Habib spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 673 by Senator Habib on page 106, line 38 to Substitute Senate Bill No. 6246.
The motion by Senator Habib did not carry and amendment no. 673 was not adopted by voice vote.
MOTION
Senator Keiser moved that the following amendment no. 674 by Senator Keiser be adopted:
On page 106, line 38, increase the General Fund--State FY 2017 appropriation by $25,533,000
On page 107, line 1, increase the General Fund--Federal appropriation by $25,533,000 and adjust the total appropriation accordingly.
On page 108, after line 2, strike subsection (b), and re-letter the subsections accordingly.
Senators Keiser, Liias and Habib spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 674 by Senator Keiser on page 106, line 38 to Engrossed Substitute Senate Bill No. 6246.
The motion by Senator Keiser did not carry and amendment no. 674 was not adopted by voice vote.
MOTION
Senator Carlyle moved that the following amendment no. 662 by Senators Carlyle and Ranker be adopted:
On page 118, after line 27, insert the following:
"(tt) (i) Within amounts appropriated within this section, the authority shall coordinate with the agency medical directors group, which shall consist of the medical directors of state agencies that purchase or reimburse for prescription drugs, to examine prescription drug purchasing methods and develop strategies to:
(A) Promote and improve drug price transparency for taxpayers; and
(B) Implement innovative, value-based drug purchasing approaches for state-purchased health care programs that maximize purchasing power to the extent possible under current federal law, with the goal of reducing the impacts of high prescription drug prices on taxpayers.
(ii) The agency medical directors group shall:
(A) Evaluate state and federal regulations regarding the purchase of prescription drugs and examine the current tools and statutory authority for state agencies to leverage the purchase of drugs;
(B) Conduct an environmental scan of best purchasing strategies in other states and seek evidence-based consultation, as determined necessary;
(C) Identify current limitations on agency programs to manage drug spending and explore strategies to assure quality and to mitigate annual cost increases;
(D) Develop recommendations to improve and expand the current tools and statutory authority which focus on innovative, value-based approaches to the purchase of prescription drugs and improving drug price transparency; and
(E) Communicate with other purchasers, including health insurance carriers, self-insured entities, local governments, and states to share and coordinate prescription drug purchasing strategies, to the extent possible.
(iii) The authority shall, in coordination with the agency medical directors group, develop a work plan to implement this subsection. The authority shall coordinate with joint select committee on health care oversight and shall submit a report to this committee outlining its progress by December 1, 2016."
Senators Carlyle, Conway and Keiser spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
MOTION
On motion of Senator Mullet, and without objection, Senator Habib was excused.
Senator Carlyle demanded a division.
The President declared the question before the Senate to be the adoption of amendment no. 662 by Senators Carlyle and Ranker on page 118, after line 27 to Substitute Senate Bill No. 6246.
The motion by Senator Carlyle did not carry and amendment no. 662 was not adopted by a rising vote.
MOTION
Senator Fraser moved that the following amendment no. 687 by Senators Fraser, Becker, Nelson and King be adopted:
On page 119, after line 2, strike all of subsection (b), and re-letter the subsections accordingly.
Senators Fraser and Becker spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 687 by Senators Fraser, Becker, Nelson and King on page 119, after line 2 to Substitute Senate Bill No. 6246.
The motion by Senator Fraser carried and amendment no. 687 was adopted by voice vote.
MOTION
Senator McCoy moved that the following amendment no. 669 by Senator McCoy be adopted:
On page 146, beginning on line 34, strike all material down through and including line 4 on page 147 and renumber the subsections consecutively.
Senators McCoy and Warnick spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 669 by Senator McCoy on page 146, line 34 to Substitute Senate Bill No. 6246.
The motion by Senator McCoy carried and amendment no. 669 was adopted by voice vote.
MOTION
Senator McCoy moved that the following amendment no. 676 by Senators McCoy and Hasegawa be adopted:
On page 166, line 9, increase the General Fund- -State FY 2017 appropriation by $3,099,000 and adjust the total appropriation accordingly.
On page 180, after line 32, insert the following:
"(46) $3,099,000 of the general fund-state appropriation for fiscal year 2017 is provided solely for the implementation of the recommendations of the education opportunity gap oversight and accountability committee recommendations from its January 2015 report to the legislature which includes: Reduction of the length of time students of color are excluded from school due to suspensions and expulsions and student supports for reengagement plans; enhancement of the cultural competence of current and future educators and classified staff; endorsement requirements for all educators in English language learner and second language acquisition; transitional bilingual instructional program accountability for instructional services provided to English language learner students; deeper disaggregation of student demographic data; and integrated student services and family engagement."
Senators McCoy, Hasegawa, Jayapal and Rolfes spoke in favor of adoption of the amendment.
Senator Dammeier spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 676 by Senators McCoy and Hasegawa on page 166, line 9 to Substitute Senate Bill No. 6246.
The motion by Senator McCoy did not carry and amendment no. 676 was not adopted by voice vote.
MOTION
Senator McAuliffe moved that the following amendment no. 677 by Senator McAuliffe be adopted:
On page 181, line 2, increase the General Fund- -State FY 2017 appropriation by $44,861,000 and adjust the total appropriation accordingly.
On page 193, line 36, increase the General Fund- -State FY 2017 appropriation by $1,421,000 and adjust the total appropriation accordingly.
On page 197, line 3, increase the General Fund- -State FY 2017 appropriation by $6,262,000 and adjust the total appropriation accordingly.
On page 216, after line 13, insert the following:
"NEW SECTION. Sec. 515. A new section is added to 2015 3rd sp.s. c 4 (uncodified) to read as follows:
The appropriations to the office of superintendent of public instruction in part V of this act shall be expended for the programs and in the amounts specified in this act. However, the office may expend unexpended funds from the grades kindergarten through three class size reduction funds in part V of this act for the purpose of providing one-time beginning teacher salary increases. The resulting compensation shall not exceed a total annual salary of $40,000 for full-time equivalent certificated instructional staff with zero years of service and a bachelor of arts degree. The surrounding cells of the salary allocation model in LEAP document 1 may be modified so that a reduction in salary does not occur for staff promoting to the next step. The office may modify LEAP document 2 to account for this change only to the extent that the unexpended funds can support the salary adjustments. Before making modification to the salary allocations, the office will submit a report detailing its proposed adjustments to the appropriate policy and fiscal committees of the legislature and the office of financial management."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators McAuliffe and Rolfes spoke in favor of adoption of the amendment.
Senator Dammeier spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 677 by Senator McAuliffe on page 181, line 2 to Substitute Senate Bill No. 6246.
The motion by Senator McAuliffe did not carry and amendment no. 677 was not adopted by voice vote.
POINT OF INQUIRY
Senator Liias: “Thank you, Mr. President. There have been several floor speeches that have referenced the House budget but have called it the other budget or budgets swirling around the rotunda. Is that permitted under the Senate Rules if we just don’t use the word House? Or should we avoid references to the House?”
REPLY BY THE PRESIDENT
President Owen: “A duck by any other name is still the House of Representatives. You can call it whatever you want, it’s still the House of Representatives and it’s still prohibited. The rule actually references the actions of the other body and how it might influence what you do. That’s what’s not allowed. You can say the House of Representatives until you turn blue. But when you start referencing the House of Representatives and their actions and how that might influence you, then that is what’s prohibited by your rules.”
MOTION
Senator Rolfes moved that the following amendment no. 678 by Senator Rolfes be adopted:
On page 181, line 5, increase the Education Legacy Trust Account-State appropriation by $21,000,000 and adjust the total appropriation accordingly.
On page 187, line 25, after "(($1,294.63))", strike "$1,286.99", and insert "$1,523.08".
On page 187, line 28, after "(($1,455.99))", strike "$1,447.40", and insert "$1,712.70".
On page 262, after line 10, insert the following:
"NEW SECTION. Sec. 719. A new section is added to 2015 3rd sp.s. c 4 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT—MCCLEARY PENALTY
General Fund—State Appropriation (FY 2016) $21,000,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for expenditure into the education legacy trust account. This appropriation reflects the $100,000 per day remedial penalty assessed by the Washington state supreme court in the order issued August 13, 2015, in McCleary, et.al. v. State of Washington."
Senators Rolfes, Liias and Carlyle spoke in favor of adoption of the amendment.
Senators Hill and Dansel spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 678 by Senator Rolfes on page 181, line 5 to Substitute Senate Bill No. 6246.
The motion by Senator Rolfes did not carry and amendment no. 678 was not adopted by voice vote.
MOTION
Senator Rolfes moved that the following amendment no. 679 by Senator Rolfes be adopted:
On page 220, line 5, increase the General Fund--State FY 2016 appropriation by $6,000,000, on line 7, increase the General Fund--State FY 17 appropriation by $4,900,000, and adjust the total appropriation accordingly.
On page 223, after line 17, insert the following:
"(14) $6,000,000 of the general fund--state appropriation for fiscal year 2016 and $4,900,000 of the general fund--state appropriation for fiscal year 2017 are provided solely for employee compensation and benefits."
Senators Rolfes and Frockt spoke in favor of adoption of the amendment.
Senator Braun spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 679 by Senator Rolfes on page 220, line 5 to Substitute Senate Bill No. 6246.
The motion by Senator Rolfes did not carry and amendment no. 679 was not adopted by voice vote.
MOTION
Senator Carlyle moved that the following amendment no. 680 by Senators Carlyle and Ranker be adopted:
On page 234, line 12, increase the General Fund--State FY 2017 appropriation by $250,000, and adjust the total appropriation accordingly.
On page 235, after line 17, insert the following:
"(6) $250,000 of the general fund—state appropriation for fiscal year 2017 is provided solely for the endowment of the Jaffee professorship in Jewish history and holocaust studies."
Senators Carlyle, Ranker, Billig and McCoy spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 680 by Senators Carlyle and Ranker on page 234, line 12 to Substitute Senate Bill No. 6246.
The motion by Senator Carlyle did not carry and amendment no. 680 was not adopted by voice vote.
MOTION
Senator Carlyle moved that the following amendment no. 681 by Senator Carlyle be adopted:
On page 235, line 25, increase the General Fund--State FY 2017 appropriation by $225,000 and adjust the total appropriation accordingly.
On page 235, line 30, after "limitations:" insert "(1)"
On page 235, after line 33, insert the following:
"(2) $225,000 of the general fund—state appropriation for fiscal year 2017 is provided solely for the oversight of for-profit postsecondary institutions and private vocational schools. Of the amount provided in this subsection:
(a) $150,000 is for an ombuds position, to be housed in the student achievement council, to serve students of for-profit degree granting institutions and private vocational schools; and
(b) $75,000 is for a study, to be administered by the student achievement council, in partnership with the department of licensing, that objectively analyzes and makes recommendations about systemic overlaps and gaps in jurisdiction regarding for-profit degree-granting institutions and private vocational schools in the state. The council may contract with a neutral third-party research organization to conduct the study. The study must be conducted in two phases, starting with an assessment of perspectives and relevant studies. A second phase, if deemed appropriate by the council, the workforce training and education coordinating board, and other stakeholders, may consist of facilitated discussions among agencies, regulated entities, and stakeholders, to reach agreed-upon recommendations.
(i) The study must include recommendations to improve oversight and accountability of these institutions and schools, and a review of whether, and how, different standards are applied to the institutions and schools by different agencies. Specifically, the study must:
(A) Examine the data collection and reporting practices of for-profit degree-granting institutions and private vocational schools compared to the data collection and reporting of the community and technical colleges. The study must determine if there are inconsistencies and discrepancies in the practices of the for-profit degree-granting institutions and private vocational schools. The study must also make recommendations on the methods of collecting, analyzing, and reporting data, including what measurements to use, to ensure that data from for-profit degree-granting institutions and private vocational schools could be accurately compared to data from the community and technical colleges;
(B) Study the current regulations governing these institutions and schools and recommend necessary changes to achieve consistent regulatory oversight of the entire system;
(C) Recommend ways to implement a cohesive method for guiding and assisting current and prospective students who have questions and concerns; and
(D) Review whether the office of the ombuds serving students of for-profit degree-granting institutions and private vocational schools should remain housed in the council. The study may include recommendations for improving the operation and scope of the office of the ombuds.
(ii) The assessment phase of the study may begin July 1, 2016. The council must issue a final report, including the result of any facilitated agreed-upon recommendations, to the appropriate committees of the legislature by December 1, 2017."
Senators Carlyle, Liias and Frockt spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 681 by Senator Carlyle on page 235, line 25 to Substitute Senate Bill No. 6246.
The motion by Senator Carlyle did not carry and amendment no. 681 was not adopted by voice vote.
MOTION
Senator McAuliffe moved that the following amendment no. 682 by Senator McAuliffe be adopted:
On page 236, line 4, increase the General Fund--State FY 2017 appropriation by $2,350,000, and adjust the total appropriation accordingly.
On page 240, after line 17, insert the following:
"(13) $2,350,000 of the general fund—state appropriation for fiscal year 2017 is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2573 (teacher shortage). If the bill is not enacted by June 30, 2016, the amount provided in this subsection shall lapse. Of the amount provided in this subsection:
(a) $1,071,000 is for the teacher shortage conditional grant program;
(b) $1,071,000 is for the student teaching residency grant program; and
(c) $208,000 is for the development and implementation of the teacher shortage conditional grant program and the student teaching residency grant program."
Senator McAuliffe spoke in favor of adoption of the amendment.
Senator Dammeier spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 682 by Senator McAuliffe on page 236, line 4 to Substitute Senate Bill No. 6246.
The motion by Senator McAuliffe did not carry and amendment no. 682 was not adopted by voice vote.
MOTION
Senator Billig moved that the following amendment no. 683 by Senator Billig be adopted:
On page 241, on line 21, increase the amount by $1,455,000 and adjust the totals accordingly
On page 241, on line 35, strike "$82,005,000" and insert "$83,460,000"
On page 242, on line 3, strike "11,691" and insert "((11,691))11,883"
On page 242, on line 6, after "dollars." Insert the following:
"The department must prioritize additional enrollment slots provided for fiscal year 2017 for eligible children who have been homeless."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Billig, Takko and Keiser spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 683 by Senator Billig on page 241, line 21 to Engrossed Substitute Senate Bill No. 6246.
The motion by Senator Billig did not carry and amendment no. 683 was not adopted by voice vote.
MOTION
Senator Conway moved that the following amendment no. 684 by Senator Conway be adopted:
On page 261, beginning on line 31, strike all material down through and including line 10 on page 262.
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Conway, Mullet and Roach spoke in favor of adoption of the amendment.
Senator Braun spoke against adoption of the amendment.
MOTION
Senator Liias demanded a roll call vote.
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 the amendment no. 684 by Senator Conway on page 261, line 31, to Substitute Senate Bill No. 6246.
ROLL CALL
The Secretary called the roll on the adoption of amendment no. 684 by Senator Conway and the amendment, having failed to receive the required two-thirds majority, was not adopted by the following vote: Yeas, 25; Nays, 22; Absent, 1; Excused, 1.
Voting yea: Senators Billig, Carlyle, Chase, Cleveland, Conway, Darneille, Fraser, Frockt, Hargrove, Hasegawa, Hobbs, Jayapal, Keiser, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, Pedersen, Ranker, Roach, Rolfes and Takko
Voting nay: Senators Angel, Bailey, Baumgartner, Becker, Braun, Brown, Dammeier, Dansel, Ericksen, Fain, Hewitt, Hill, Honeyford, King, O'Ban, Padden, Parlette, Pearson, Rivers, Schoesler, Sheldon and Warnick
Absent: Senator Benton
Excused: Senator Habib
MOTION
On motion of Senator Fain, and without objection, Senator Benton was excused.
MOTION
Senator Billig moved that the following amendment no. 685 by Senators Rolfes and Billig be adopted:
On page 262, after line 10, insert the following:
"NEW SECTION. Sec. 719. A new section is added to 2015 3rd sp.s. c 4 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT-LOCAL EFFORT ASSISTANCE TRANSITION
General Fund—State Appropriation (FY 2016) $90,557,000
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for expenditure into the local effort assistance transition account. This appropriation reflects the estimated local effort assistance state costs associated with the extension of the levy lid limitations during the 2017-2019 fiscal biennium as the state transitions to full funding of its statutory program of basic education."
On page 325, after line 8, insert the following:
"NEW SECTION. Sec. 949. A new section is added to chapter 43.79 RCW to read as follows:
The local effort assistance transition account is created in the state treasury. Expenditures from the account may be made only for the costs associated with the extension of the levy lid limitations of the local effort assistance program during the 2017-2019 fiscal biennium as the state transitions to full funding of its statutory program of basic education. Moneys in the account maybe spent only pursuant to appropriation."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Billig, Rolfes, Ranker, Carlyle, Dansel, Frockt and McAuliffe spoke in favor of adoption of the amendment.
Senators Dammeier and Baumgartner spoke against adoption of the amendment.
MOTION
Senator Liias demanded a roll call vote.
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 the amendment no. 685 by Senators Billig and Rolfes on page 262, line 10, to Substitute Senate Bill No. 6246.
ROLL CALL
The Secretary called the roll on the adoption of the amendment no. 685 by Senators Rolfes and Billig and the amendment, having failed to receive the required two-thirds majority, was not adopted by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.
Voting yea: Senators Billig, Carlyle, Chase, Cleveland, Conway, Dansel, Darneille, Fraser, Frockt, Hargrove, Hasegawa, Hobbs, Jayapal, Keiser, Liias, Litzow, McAuliffe, McCoy, Mullet, Nelson, Pedersen, Ranker, Rivers, Rolfes and Takko
Voting nay: Senators Angel, Bailey, Baumgartner, Becker, Braun, Brown, Dammeier, Ericksen, Fain, Hewitt, Hill, Honeyford, King, Miloscia, O'Ban, Padden, Parlette, Pearson, Roach, Schoesler, Sheldon and Warnick
Excused: Senators Benton and Habib
PERSONAL PRIVILEGE
Senator Billig: “A point of personal privilege.”
REMARKS BY THE PRESIDENT
President Owen: “Please state your point of personal privilege.”
PERSONAL PRIVILEGE
Senator Billig: “Or maybe a point of order, I’m not sure which.”
REMARKS BY THE PRESIDENT
President Owen: “We’ll sort it out for you.”
PERSONAL PRIVILEGE
Senator Billig: “I’ll throw it out there and you can let me know. I wanted to explain for the people watching at home that that amendment to prevent the funding cut was voted by a majority of this body, 25 people voted yes of the 49 senators. So a majority of the senators representing a majority of the people of this state voted yes on that amendment. But, because of a rule put in place by the majority of the Senate, a majority putting in the super majority requirement. I think it’s important to know because it could be confusing.”
Multiple demands for a point of order were made.
RULING BY THE PRESIDENT
President Owen: “There is nothing to make a point of order on at this point that I can tell, unless you can explain it to me. Right now it’s a point of personal privilege.”
PERSONAL PRIVILEGE
Senator Billig: “Yes, thank you. I just want to say it’s a minority of the Senators representing a minority of the state that blocked that because of the super majority requirement that has been put in place. In actuality, and if we were ruled by a simple majority of this body, the citizens of this state, the majority of the citizens of this state, represented by their Senators, would have prevented this funding cut to our school districts and our kids. Thank you.”
REMARKS BY THE PRESIDENT
President Owen: “Let me explain: Unless he is impugning your motives, he is not out of order.”
PERSONAL PRIVILEGE
Senator Schoesler: “Before we voted, a member stated that this was a two-thirds vote. It was not a two-thirds vote, it’s a sixty percent majority in the Senate rules.”
PERSONAL PRIVILEGE
Senator Fain: “I like Senator Billig’s tie.”
[Editor’s Note: Pursuant to Rule 33, any senator may rise to a question of privilege and explain a personal matter but shall not discuss any pending question in such explanations.]
PERSONAL PRIVILEGE
Senator Baumgartner: “Just wanted to remind the viewers at home, the majority of this body also voted for a two-thirds requirement on the threshold to raise taxes and that nearly every district in the state supported that super majority, two-thirds. Unfortunately, we were unable to get that majority requirement to hang as a rule here in the Senate, but I do like the fact that we do have super majorities to do things as a basic rule. It’s just important for the people back home to know that.”
REMARKS BY THE PRESIDENT
President Owen: “You may have been impugning my motives on that one, I’m not sure. (Laughter) I’ll take that under consideration.”
PERSONAL PRIVILEGE
Senator Frockt: “I would just like to remind the viewers that that two-thirds rule is what it takes when you have a constitutional amendment was put in 100 years ago by the founders of this state in the constitution. So that two-thirds rule that was just referred to is a constitutional requirement. That is far different than what we have on the floor of the Senate.”
MOTION
Senator Chase moved that the following amendment no. 686 by Senator Chase be adopted:
$36,500,000)) $46,500,000" and insert
"$36,500,000"
On page 268, starting on line 1, strike "(($73,000,000))
$83,000,000" and insert "$73,000,000"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Chase, Takko, Dansel, Mullet and Carlyle spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
MOTION
Senator Liias demanded a roll call vote.
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 the amendment no. 686 by Senator Chase on page 267, line 40, to Substitute Senate Bill No. 6246.
ROLL CALL
The Secretary called the roll on the adoption of the amendment no. 686 by Senator Chase and the amendment, having failed to receive the required two-thirds majority, was not adopted by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.
Voting yea: Senators Billig, Carlyle, Chase, Cleveland, Conway, Dansel, Darneille, Fraser, Frockt, Hargrove, Hasegawa, Hobbs, Jayapal, Keiser, Liias, Litzow, McAuliffe, McCoy, Mullet, Nelson, Pedersen, Ranker, Rivers, Rolfes and Takko
Voting nay: Senators Angel, Bailey, Baumgartner, Becker, Braun, Brown, Dammeier, Ericksen, Fain, Hewitt, Hill, Honeyford, King, Miloscia, O'Ban, Padden, Parlette, Pearson, Roach, Schoesler, Sheldon and Warnick
Excused: Senators Benton and Habib
MOTION
Senator Dansel moved that the following amendment no. 663 by Senator Dansel be adopted:
On page 325, after line 8, insert the following:
"NEW SECTION. Sec. 949. A new section is added to 2015 3rd sp.s. c 4 (uncodified) to read as follows:
Due to lack of state funding support to local governments, during the 2015-17 fiscal biennium the cities and counties of the state are exempt from compliance with the national pollutant discharge elimination system (NPDES) permit requirements of RCW 77.55.161, the shoreline management act under chapter 90.58 RCW, and the growth management act under chapter 36.70A RCW."
Senators Dansel, Rolfes and Chase spoke in favor of adoption of the amendment.
Senator Hill spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of amendment no. 663 by Senator Dansel on page 325, after line 8 to Substitute Senate Bill No. 6246.
The motion by Senator Dansel did not carry and amendment no. 663 was not adopted by voice vote.
MOTION
On motion of Senator Hill, the rules were suspended, Engrossed Substitute Senate Bill No. 6246 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hill, Dansel, Schoesler, Angel and Baumgartner spoke in favor of passage of the bill.
Senators Hargrove, Ranker, McAuliffe and Liias spoke against passage of the bill.
The President Pro Tempore, Senator Roach, assumed the chair.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6246.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6246 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Braun, Brown, Dammeier, Dansel, Ericksen, Fain, Hewitt, Hill, Honeyford, King, Litzow, Miloscia, O'Ban, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon and Warnick
Voting nay: Senators Billig, Carlyle, Chase, Cleveland, Conway, Darneille, Fraser, Frockt, Hargrove, Hasegawa, Hobbs, Jayapal, Keiser, Liias, McAuliffe, McCoy, Mullet, Nelson, Pedersen, Ranker, Rolfes and Takko
Excused: Senators Benton and Habib
ENGROSSED SUBSTITUTE SENATE BILL NO. 6246, 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 Fain, and without objection, the Senate reverted to the first order of business.
SUPPLEMENTAL REPORTS OF STANDING COMMITTEES
February 26, 2016
SHB 1111 Prime Sponsor, Committee on Judiciary: Concerning court transcripts. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 1130 Prime Sponsor, Committee on Environment: Concerning water power license fees. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: Do pass. Signed by Senators Sheldon, Vice Chair; McCoy, Ranking Minority Member; Braun; Cleveland; Habib and Ranker.
MINORITY recommendation: Do not pass. Signed by Senator Honeyford.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Ericksen, Chair and Brown.
Passed to Committee on Rules for second reading.
February 26, 2016
E2SHB 1390 Prime Sponsor, Committee on Appropriations: Concerning legal financial obligations. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass as amended. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Ways & Means.
February 25, 2016
EHB 1409 Prime Sponsor, Representative Walkinshaw: Concerning the disclosure of vessel owner information. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
2SHB 1448 Prime Sponsor, Committee on Judiciary: Providing procedures for responding to reports of threatened or attempted suicide. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Ways & Means.
February 26, 2016
3SHB 1499 Prime Sponsor, Committee on Public Safety: Concerning vulnerable adults. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass as amended. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 26, 2016
2ESHB 1553 Prime Sponsor, Committee on Public Safety: Encouraging certificates of restoration of opportunity. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 1560 Prime Sponsor, Representative Hudgins: Recognizing the thirty-first of March as Cesar Chavez Day. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Habib and Takko.
MINORITY recommendation: Do not pass. Signed by Senator Dansel.
Passed to Committee on Rules for second reading.
February 26, 2016
SHB 1632 Prime Sponsor, Committee on Public Safety: Concerning domestic violence. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass as amended. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 25, 2016
E3SHB 1713 Prime Sponsor, Committee on Appropriations: Integrating the treatment systems for mental health and chemical dependency. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Ways & Means.
February 26, 2016
E2SHB 1763 Prime Sponsor, Committee on General Government & Information Technology: Regulating music licensing agencies. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass as amended. Signed by Senators Baumgartner, Chair; Braun, Vice Chair; Hasegawa, Ranking Minority Member; Conway; Keiser; King and Warnick.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 1830 Prime Sponsor, Committee on Transportation: Creating Washington state wrestling special license plates. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Cleveland; Litzow; Miloscia; Rivers; Sheldon and Takko.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Liias, Assistant Ranking Minority Member; Carlyle and Jayapal.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 1875 Prime Sponsor, Committee on Appropriations: Concerning the definition of work activity for the purposes of the WorkFirst program. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Ways & Means.
February 25, 2016
EHB 1918 Prime Sponsor, Representative Shea: Modifying provisions applicable to off-road, nonhighway, and wheeled all-terrain vehicles and their drivers. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Litzow; Miloscia; Rivers; Sheldon and Takko.
MINORITY recommendation: Do not pass. Signed by Senators Liias, Assistant Ranking Minority Member and Jayapal.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Carlyle and Cleveland.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 1949 Prime Sponsor, Committee on Higher Education: Regulating the institutions of higher education, including for-profit institutions and private vocational schools, to protect students from unfair business practices. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Minority Member; Becker; Carlyle; Liias and Miloscia.
Passed to Committee on Ways & Means.
February 25, 2016
SHB 2017 Prime Sponsor, Committee on Transportation: Creating Washington farmers and ranchers special license plates. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
E2SHB 2061 Prime Sponsor, Committee on Environment: Authorizing county legislative authorities to approve certain group B water systems based upon their delivery of water meeting safe drinking water standards. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: Do pass. Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; Braun; Brown and Honeyford.
MINORITY recommendation: Do not pass. Signed by Senators McCoy, Ranking Minority Member; Cleveland; Habib and Ranker.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2262 Prime Sponsor, Representative Bergquist: Creating Washington tennis special license plates. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2274 Prime Sponsor, Committee on Transportation: Concerning the filing of vehicle reports of sale. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 26, 2016
HB 2280 Prime Sponsor, Representative Klippert: Making felony driving under the influence of intoxicating liquor, marijuana, or any drug a class B felony. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2287 Prime Sponsor, Committee on Judiciary: Providing notice to first responders that a person with a disability may be present at the scene of an emergency. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Ways & Means.
February 25, 2016
SHB 2300 Prime Sponsor, Committee on State Government: Protecting the personal information of a person acting as a guardian ad litem. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member and Hargrove.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Padden.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2317 Prime Sponsor, Representative Van De Wege: Expanding the use of neighborhood and medium-speed electric vehicles. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2322 Prime Sponsor, Representative Zeiger: Concerning the vehicle license cost recovery fee charged for certain rental car transactions. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2326 Prime Sponsor, Representative Moeller: Transferring regulatory authority over independent review organizations to the insurance commissioner. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Cleveland, Ranking Minority Member; Angel; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Dammeier, Vice Chair; Bailey and Brown.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2332 Prime Sponsor, Representative Kirby: Removing an expiration date concerning the filing and public disclosure of health care provider compensation. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Rules for second reading.
February 25, 2016
2SHB 2335 Prime Sponsor, Committee on General Government & Information Technology: Addressing health care provider credentialing. Reported by Committee on Health Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Baumgartner; Brown; Keiser; Parlette and Rivers.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Conway and Frockt.
Passed to Committee on Rules for second reading.
February 25, 2016
2ESHB 2340 Prime Sponsor, Committee on Health Care & Wellness: Addressing the Washington state health insurance pool. Reported by Committee on Health Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Ways & Means.
February 25, 2016
E2SHB 2346 Prime Sponsor, Committee on Appropriations: Promoting a sustainable, local renewable energy industry through modifying renewable energy system tax incentives and providing guidance for renewable energy system component recycling. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: Do pass as amended. Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; Braun; Brown; Honeyford and Ranker.
MINORITY recommendation: Do not pass. Signed by Senator McCoy, Ranking Minority Member.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Cleveland and Habib.
Passed to Committee on Ways & Means.
February 25, 2016
HB 2350 Prime Sponsor, Representative Cody: Defining the administration of medication by medical assistants. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Keiser; Parlette and Rivers.
MINORITY recommendation: Do not pass. Signed by Senator Conway.
Passed to Committee on Rules for second reading.
February 26, 2016
EHB 2362 Prime Sponsor, Representative Hansen: Concerning video and/or sound recordings made by law enforcement or corrections officers. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass as amended. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 26, 2016
HB 2371 Prime Sponsor, Representative Kuderer: Requiring a court that consults the judicial information system in order to render a decision to file a copy of the information used in the court file upon request of a party. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 26, 2016
E2SHB 2375 Prime Sponsor, Committee on General Government & Information Technology: Concerning cybercrime. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass as amended. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 26, 2016
HB 2384 Prime Sponsor, Representative Buys: Clarifying the meaning of mobile telecommunications service provider. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 26, 2016
HB 2388 Prime Sponsor, Representative Hudgins: Concerning theatrical wrestling. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass as amended. Signed by Senators Baumgartner, Chair; Braun, Vice Chair; Hasegawa, Ranking Minority Member; Conway; Keiser; King and Warnick.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2394 Prime Sponsor, Representative Walsh: Creating the parent to parent program for individuals with developmental disabilities. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Rules for second reading.
February 26, 2016
HB 2399 Prime Sponsor, Representative Holy: Prohibiting the consideration of the number of citations for traffic infractions issued by a law enforcement officer in the performance review of the officer. Reported by Committee on Commerce & Labor
MAJORITY recommendation: That it be referred without recommendation. Signed by Senators Baumgartner, Chair; Braun, Vice Chair; Hasegawa, Ranking Minority Member; Conway; Keiser; King and Warnick.
Passed to Committee on Transportation.
February 25, 2016
HB 2403 Prime Sponsor, Representative Kochmar: Concerning Down syndrome resources. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Rules for second reading.
February 26, 2016
SHB 2410 Prime Sponsor, Committee on Judiciary: Requiring information about certain criminal defendants be included in the felony firearm offense conviction database. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2413 Prime Sponsor, Committee on Transportation: Concerning aircraft registration simplification and fairness. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2427 Prime Sponsor, Committee on Local Government: Concerning local government modernization. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass as amended. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Habib and Takko.
MINORITY recommendation: Do not pass. Signed by Senator Dansel.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2432 Prime Sponsor, Representative Riccelli: Concerning substance abuse monitoring for licensed veterinarians, osteopathic physicians and surgeons, and osteopathic physician assistants. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2435 Prime Sponsor, Committee on General Government & Information Technology: Enhancing election reconciliation reports. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Dansel; Habib and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
E2SHB 2439 Prime Sponsor, Committee on Appropriations: Increasing access to adequate and appropriate mental health services for children and youth. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member and Hargrove.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Padden.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2440 Prime Sponsor, Committee on Early Learning & Human Services: Concerning host home programs for youth. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2448 Prime Sponsor, Committee on Health Care & Wellness: Concerning the practice of certain East Asian medicine therapies. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Rules for second reading.
February 25, 2016
2SHB 2449 Prime Sponsor, Committee on Appropriations: Providing court-based and school-based intervention and prevention efforts to promote attendance and reduce truancy. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2452 Prime Sponsor, Committee on Health Care & Wellness: Creating the interstate medical licensure compact. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Cleveland, Ranking Minority Member; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Dammeier, Vice Chair and Angel.
Passed to Committee on Ways & Means.
February 25, 2016
ESHB 2458 Prime Sponsor, Committee on Health Care & Wellness: Concerning participation in the prescription drug donation program. Reported by Committee on Health Care
MAJORITY recommendation: Do pass as amended. 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.
February 25, 2016
SHB 2465 Prime Sponsor, Committee on Health Care & Wellness: Requiring private health insurers and the medicaid program to reimburse for a twelve-month supply of contraceptive drugs. Reported by Committee on Health Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser and Rivers.
Passed to Committee on Rules for second reading.
February 26, 2016
SHB 2496 Prime Sponsor, Committee on Judiciary: Concerning pro bono legal services for military service members, veterans, and their families. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass as amended. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Ways & Means.
February 25, 2016
SHB 2498 Prime Sponsor, Committee on Health Care & Wellness: Concerning prior authorization for dental services and supplies in medical assistance programs. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Rules for second reading.
February 26, 2016
HB 2507 Prime Sponsor, Representative Klippert: Clarifying reimbursement for employees who are victims of offender assaults. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Senators Baumgartner, Chair; Braun, Vice Chair; Hasegawa, Ranking Minority Member; Conway; Keiser; King and Warnick.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2512 Prime Sponsor, Representative Clibborn: Concerning the retention and maintenance of auto dealer and repair facility records. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2518 Prime Sponsor, Committee on Early Learning & Human Services: Promoting the reduction of intergenerational poverty. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member and Hargrove.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Padden.
Passed to Committee on Ways & Means.
February 26, 2016
2SHB 2530 Prime Sponsor, Committee on Appropriations: Protecting victims of sex crimes. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass as amended. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Ways & Means.
February 25, 2016
SHB 2541 Prime Sponsor, Committee on Judiciary: Providing for less restrictive involuntary treatment orders. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2545 Prime Sponsor, Committee on Health Care & Wellness: Reducing public health threats that particularly impact highly exposed populations, including children and firefighters, by establishing a process for the department of health to restrict the use of toxic flame retardant chemicals in certain types of consumer products. Reported by Committee on Health Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Becker, Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Dammeier, Vice Chair; Baumgartner and Brown.
Passed to Committee on Ways & Means.
February 25, 2016
SHB 2575 Prime Sponsor, Committee on Environment: Continuing state efforts to increase oil transportation safety. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: Do pass. Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; McCoy, Ranking Minority Member; Brown; Cleveland; Habib; Honeyford and Ranker.
Passed to Committee on Ways & Means.
February 26, 2016
HB 2578 Prime Sponsor, Representative Jinkins: Addressing job search requirements for unemployment compensation claimants. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass as amended. Signed by Senators Baumgartner, Chair; Braun, Vice Chair; King and Warnick.
MINORITY recommendation: Do not pass. Signed by Senators Conway and Keiser.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Hasegawa, Ranking Minority Member.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2580 Prime Sponsor, Committee on Health Care & Wellness: Establishing a public registry for the transparency of blood establishments. Reported by Committee on Health Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2591 Prime Sponsor, Committee on Early Learning & Human Services: Notifying foster parents of dependency hearings and their opportunity to be heard in those hearings. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2598 Prime Sponsor, Committee on Transportation: Authorizing the use of certain cargo extensions that connect to a motor home or travel trailer frame. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2599 Prime Sponsor, Representative Orcutt: Authorizing the freight mobility strategic investment board to remove funding allocation for projects after a certain number of years without construction occurring. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2604 Prime Sponsor, Committee on State Government: Concerning disclosure of financial, commercial, and proprietary information of employees of private cloud service providers. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Habib and Takko.
MINORITY recommendation: Do not pass. Signed by Senator Dansel.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2637 Prime Sponsor, Representative Manweller: Creating the Washington state historic cemetery preservation capital grant program. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Habib and Takko.
MINORITY recommendation: Do not pass. Signed by Senator Dansel.
Passed to Committee on Ways & Means.
February 26, 2016
SHB 2644 Prime Sponsor, Committee on Judiciary: Concerning animal forfeiture in animal cruelty cases. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2648 Prime Sponsor, Representative Fey: Providing for an exemption from disclosure of certain financial, commercial, and proprietary information held by a city retirement board on behalf of its employees' retirement system. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Dansel; Habib and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2651 Prime Sponsor, Representative Rossetti: Concerning vehicle maximum gross weight values. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2675 Prime Sponsor, Representative Sells: Updating workforce investment act references and making no substantive changes. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Minority Member; Becker; Carlyle; Liias and Miloscia.
Passed to Committee on Rules for second reading.
February 25, 2016
2SHB 2681 Prime Sponsor, Committee on Appropriations: Authorizing pharmacists to prescribe and dispense contraceptives. (REVISED FOR PASSED LEGISLATURE: Concerning contraceptives in pharmacies.) Reported by Committee on Health Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Keiser; Parlette and Rivers.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Frockt and Jayapal.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2694 Prime Sponsor, Representative DeBolt: Concerning background checks in emergency placement situations requested by tribes. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2700 Prime Sponsor, Committee on Public Safety: Concerning impaired driving. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2708 Prime Sponsor, Committee on Local Government: Providing for fire protection district formation by the legislative authority of a city or town subject to voter approval. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass as amended. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Habib and Takko.
MINORITY recommendation: Do not pass. Signed by Senator Dansel.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2711 Prime Sponsor, Committee on Health Care & Wellness: Increasing the availability of sexual assault nurse examiners. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Ways & Means.
February 25, 2016
2SHB 2726 Prime Sponsor, Committee on Appropriations: Concerning the regulation of continuing care retirement communities. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Ways & Means.
February 25, 2016
EHB 2745 Prime Sponsor, Representative Fitzgibbon: Modifying the authority to appoint members to a certain ferry advisory committee. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2746 Prime Sponsor, Committee on Early Learning & Human Services: Concerning mental health and chemical dependency treatment for juvenile offenders. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Ways & Means.
February 26, 2016
SHB 2765 Prime Sponsor, Committee on Public Safety: Clarifying the limited authority of park rangers. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2767 Prime Sponsor, Committee on Early Learning & Human Services: Defining and using the term center-based services for individuals with developmental disabilities. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2768 Prime Sponsor, Representative Schmick: Addressing taxes and service charges on certain qualified stand-alone dental plans offered in the individual or small group markets. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Senators Becker, Chair; Dammeier, Vice Chair; Cleveland, Ranking Minority Member; Angel; Bailey; Brown; Conway; Frockt; Jayapal; Keiser; Parlette and Rivers.
Passed to Committee on Ways & Means.
February 25, 2016
HB 2771 Prime Sponsor, Representative Bergquist: Concerning public hospital district contracts for material and work. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Habib and Takko.
MINORITY recommendation: Do not pass. Signed by Senator Dansel.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2785 Prime Sponsor, Committee on Environment: Ensuring that restrictions on the use of solid fuel burning devices do not prohibit the installation or replacement of solid fuel burning devices or the use of these devices during temporary outages of other sources of heat. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: Do pass. Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; Brown; Habib; Honeyford and Ranker.
MINORITY recommendation: Do not pass. Signed by Senators McCoy, Ranking Minority Member and Cleveland.
Passed to Committee on Rules for second reading.
February 25, 2016
2SHB 2791 Prime Sponsor, Committee on Appropriations: Creating the Washington statewide reentry council. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member and Hargrove.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Padden.
Passed to Committee on Ways & Means.
February 25, 2016
E2SHB 2793 Prime Sponsor, Committee on Finance: Providing for suicide awareness and prevention education for safer homes. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Ways & Means.
February 25, 2016
ESHB 2804 Prime Sponsor, Committee on Higher Education: Including highway workers employed on a transportation project by a contractor in the tuition and fee exemption for children and surviving spouses of highway workers. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass as amended. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Minority Member; Becker; Carlyle; Liias and Miloscia.
Passed to Committee on Ways & Means.
February 25, 2016
HB 2807 Prime Sponsor, Representative Dye: Concerning heavy haul industrial corridors. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2808 Prime Sponsor, Representative Jinkins: Amending the process for a person's immediate family member, guardian, or conservator to petition the court for the person's initial detention under the involuntary treatment act. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2815 Prime Sponsor, Representative Hayes: Modifying the eligibility requirements for certain counties with ferry terminals to form a regional transportation planning organization. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Litzow; Miloscia; Rivers; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2825 Prime Sponsor, Committee on Higher Education: Concerning student services for students with disabilities. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Member; Becker; Carlyle; Liias and Miloscia.
Passed to Committee on Rules for second reading.
February 26, 2016
SHB 2831 Prime Sponsor, Committee on Commerce & Gaming: Assisting small businesses licensed to sell liquor in Washington state. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass as amended. Signed by Senators Baumgartner, Chair; Braun, Vice Chair; Hasegawa, Ranking Minority Member; Keiser; King and Warnick.
Passed to Committee on Rules.
February 25, 2016
ESHB 2834 Prime Sponsor, Committee on Early Learning & Human Services: Concerning implementation of the homeless youth prevention and protection act of 2015. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Darneille, Ranking Minority Member and Hargrove.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Miloscia, Vice Chair and Padden.
Passed to Committee on Rules for second reading.
February 26, 2016
HB 2838 Prime Sponsor, Representative Klippert: Clarifying the department of corrections' authority to impose conditions prohibiting contact with other persons, even if the offender is not a sex offender. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 26, 2016
HB 2845 Prime Sponsor, Representative Ormsby: Addressing the time period for workers to recover wages under prevailing wage laws. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Senators Baumgartner, Chair; Braun, Vice Chair; Hasegawa, Ranking Minority Member; Conway; Keiser; King and Warnick.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2847 Prime Sponsor, Committee on Environment: Creating an exemption to the definition of substantial development in chapter 90.58 RCW relating to the retrofitting of existing structures to accommodate physical access by individuals with disabilities. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: Do pass as amended. Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; Braun; Brown and Honeyford.
MINORITY recommendation: Do not pass. Signed by Senators McCoy, Ranking Minority Member and Cleveland.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Habib and Ranker.
Passed to Committee on Rules for second reading.
February 26, 2016
SHB 2849 Prime Sponsor, Committee on Labor & Workplace Standards: Adding certain commissioned court marshals of city police departments to the definition of uniformed personnel for the purpose of public employees' collective bargaining. Reported by Committee on Commerce & Labor
MAJORITY recommendation: That it be referred without recommendation. Signed by Senators Baumgartner, Chair; Braun, Vice Chair; Hasegawa, Ranking Minority Member; Conway; Keiser; King and Warnick.
Passed to Committee on Ways & Means.
February 25, 2016
EHB 2883 Prime Sponsor, Representative Senn: Addressing government efficiency by eliminating or revising the requirements for state agency reports. Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Dansel; Habib and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
SHB 2884 Prime Sponsor, Committee on Transportation: Modifying the business and occupation tax and public utility tax credits for alternative fuel commercial vehicles. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Carlyle; Cleveland; Jayapal; Litzow; Miloscia; Sheldon and Takko.
Passed to Committee on Rules for second reading.
February 26, 2016
HB 2886 Prime Sponsor, Representative Manweller: Concerning electrical scope of practice. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Senators Baumgartner, Chair; Braun, Vice Chair; Hasegawa, Ranking Minority Member; Conway; Keiser; King and Warnick.
Passed to Committee on Rules for second reading.
February 26, 2016
SHB 2895 Prime Sponsor, Committee on Public Safety: Enhancing crime victim participation in the criminal justice system process. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Ways & Means.
February 26, 2016
SHB 2900 Prime Sponsor, Committee on Public Safety: Prohibiting marijuana, alcohol, or other intoxicant, or a cell phone while confined or incarcerated in a state, county, or local correctional institution. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 25, 2016
ESHB 2906 Prime Sponsor, Committee on Early Learning & Human Services: Strengthening opportunities for the rehabilitation and reintegration of juvenile offenders. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass as amended. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member and Hargrove.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Padden.
Passed to Committee on Ways & Means.
February 26, 2016
ESHB 2908 Prime Sponsor, Committee on Public Safety: Establishing the joint legislative task force on the use of deadly force in community policing. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass as amended. Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Darneille; Frockt; Pearson and Roach.
Passed to Committee on Rules for second reading.
February 25, 2016
HB 2929 Prime Sponsor, Representative Parker: Concerning temporary homeless housing by religious organizations. Reported by Committee on Human Services, Mental Health & Housing
MAJORITY recommendation: Do pass. Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Hargrove and Padden.
Passed to Committee on Rules for second reading.
February 26, 2016
EHB 2959 Prime Sponsor, Representative Lytton: Concerning local business tax and licensing simplification. Reported by Committee on Trade & Economic Development
MAJORITY recommendation: Do pass as amended. Signed by Senators Brown, Chair; Braun, Vice Chair; Angel and Ericksen.
MINORITY recommendation: Do not pass. Signed by Senators Chase, Ranking Minority Member and McCoy.
Passed to Committee on Ways & Means.
February 26, 2016
HB 2970 Prime Sponsor, Representative McCabe: Concerning voyeurism. Reported by Committee on Law & Justice
MAJORITY recommendation: Do pass as amended. 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 and Darneille.
Passed to Committee on Rules for second reading.
February 25, 2016
HJM 4010 Prime Sponsor, Representative Dunshee: Requesting that state route number 99 be named the "William P. Stewart Memorial Highway." Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators King, Chair; Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member; Liias, Assistant Ranking Minority Member; Cleveland; Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Carlyle.
Passed to Committee on Rules for second reading.
February 25, 2016
HCR 4401 Prime Sponsor, Representative Hunt, S.: Renaming "Office Building 2" as the "Human Services Building." Reported by Committee on Government Operations & Security
MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy, Ranking Minority Member; Dansel; Habib and Takko.
Passed to Committee on Rules for second reading.
February 25, 2016
SGA 9131 RUSSELL E OLSEN, appointed on May 1, 2013, for the term ending at the governors pleasure, as Director of the Pollution Liability Insurance Program. Reported by Committee on Energy, Environment & Telecommunications
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; McCoy, Ranking Minority Member; Braun; Brown; Cleveland; Habib; Honeyford and Ranker.
Passed to Committee on Rules for second reading.
February 25, 2016
SGA 9248 TIA H BENSON TOLLE, appointed on November 9, 2015, for the term ending September 30, 2020, as Member of the Edmonds Community College Board of Trustees. Reported by Committee on Higher Education
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Minority Member; Becker; Carlyle; Liias and Miloscia.
Passed to Committee on Rules for second reading.
February 25, 2016
SGA 9254 JAMES H CURTIS, appointed on April 2, 2015, for the term ending September 30, 2019, as Member of the Tacoma Community College Board of Trustees. Reported by Committee on Higher Education
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Member; Becker; Carlyle; Liias and Miloscia.
Passed to Committee on Rules for second reading.
February 25, 2016
SGA 9264 RICHARD G FUKUTAKI, appointed on August 11, 2015, for the term ending September 30, 2019, as Member of the Bellevue College Board of Trustees. Reported by Committee on Higher Education
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Minority Member; Becker; Carlyle; Liias and Miloscia.
Passed to Committee on Rules for second reading.
February 25, 2016
SGA 9273 VANESSA E KRITZER, appointed on June 3, 2015, for the term ending June 30, 2016, as Member of the University of Washington Board of Regents. Reported by Committee on Higher Education
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Bailey, Chair; Frockt, Ranking Minority Member; Becker; Carlyle; Liias and Miloscia.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Baumgartner, Vice Chair.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Fain, and without objection, all measures listed on the Supplemental Standing Committee report were referred to the committees as designated with the exceptions of Substitute House Bill No. 2452 which was referred to the Committee on Rules and Substitute House Bill No. 2831 which was referred to the Committee on Ways & Means.
MOTION
At 4:36 p.m., on motion of Senator Fain, the Senate adjourned until 12:00 o'clock noon, Monday, February 29, 2016.
BRAD OWEN, President of the Senate
HUNTER G. GOODMAN, Secretary of the Senate
1003-E
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Second Reading 18, 19, 20, 21, 22, 23, 24, 25, 26
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Introduced..................................................... 5
9044 Patrick Escamilla
Confirmed................................................... 17
9059 Kimberly Gordon
Confirmed................................................... 17
9117 Maryann Moreno
Confirmed................................................... 18
9131
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9248
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9254
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9286 Jim Page
Confirmed..................................................... 8
9306 Michael D. Wilson
Confirmed..................................................... 7
9310
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9322
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CHAPLAIN OF THE DAY
Erlandson, Reverend Jim.............................. 1
FLAG BEARERS
Lambert, Mr. David...................................... 1
Lucy, Miss Larkin Elizabeth........................ 1
GUESTS
Elizabeth Blackwell Elementary School.... 17
Hoell, Mr. Steve.......................................... 18
Lepere, Ms. Karen....................................... 17
Mathews, Miss Madeline Elizabeth (Pledge of Allegiance) 1
Ridgewood Elementary School.................. 18
MESSAGE FROM OTHER STATE OFFICERS 5
PRESIDENT OF THE SENATE
Remarks by the President............... 20, 25, 26
Reply by the President...................... 6, 20, 22
Ruling by the President......................... 20, 25
WASHINGTON STATE SENATE
Parliamentary Inquiry, Senator Dansel........ 6
Personal Privilege, Senator Baumgartner.. 26
Personal Privilege, Senator Billig.............. 25
Personal Privilege, Senator Dansel.............. 6
Personal Privilege, Senator Fain................ 25
Personal Privilege, Senator Frockt............. 26
Personal Privilege, Senator Rolfes............... 6
Personal Privilege, Senator Schoesler........ 25
Point of Inquiry, Senator Liias................... 22
Point of Inquiry, Senator Rolfes................. 20
Point of Order, Senator Rolfes............... 5, 20
Presiding Officer, Senator Roach............... 26