MORNING SESSION

Senate Chamber, Olympia

Tuesday, April 4, 2017

The Senate was called to order at 9:02 o’clock a.m. by the President of the Senate, Lt. Governor Habib presiding. The Secretary called the roll and announced to the President that all Senators were present.

The Sergeant at Arms Color Guard consisting of Pages Mr. Tikvah Meeks and Mr. Tristan Bird, presented the Colors. Page, Ms. Ekaterina Matsko led the Senate in the Pledge of Allegiance. The prayer was offered by Reverend Dr. Eugene Wiegman, Tacoma.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Reverend Dr. Eugene Wiegman and his wife, Kathleen, who were seated at the rostrum.

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

March 31, 2017

SB 5409 Prime Sponsor, Senator Conway: Extending the sales and use tax deferral for historic automobile museums. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass. Signed by Senators Braun, Chair; Brown, Vice Chair; Rossi, Vice Chair; Honeyford, Vice Chair, Capital Budget ; Ranker, Ranking Minority Member; Rolfes, Assistant Ranking Minority Member, Operating Budget; Bailey; Becker; Conway; Darneille; Fain; Keiser; Miloscia; Padden; Rivers; Warnick and Zeiger.

MINORITY recommendation: Do not pass. Signed by Senators Carlyle; Hasegawa and Pedersen.

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Frockt, Assistant Ranking Minority Member, Capital Budget.

Passed to Committee on Rules for second reading.

March 31, 2017

SHB 1060 Prime Sponsor, Committee on Health Care & Wellness: Concerning the administration of marijuana to students for medical purposes. Reported by Committee on Ways & Means

MAJORITY recommendation: That it be referred without recommendation. Signed by Senators Braun, Chair; Brown, Vice Chair; Rossi, Vice Chair; Ranker, Ranking Minority Member; Rolfes, Assistant Ranking Minority Member, Operating Budget; Frockt, Assistant Ranking Minority Member, Capital Budget; Bailey; Becker; Carlyle; Conway; Darneille; Fain; Hasegawa; Keiser; Miloscia; Pedersen; Rivers; Schoesler; Warnick and Zeiger.

MINORITY recommendation: Do not pass. Signed by Senators Honeyford, Vice Chair, Capital Budget and Padden.

Passed to Committee on Rules for second reading.

April 3, 2017

HB 1063 Prime Sponsor, Representative Morris: Allowing federally recognized tribes with lands held in trust in a county that is west of the Cascade mountain range that borders Puget Sound with a population of at least one hundred eighteen thousand, but less than two hundred fifty thousand, persons to enter into agreements regarding fuel taxes. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators King, Chair; Hobbs, Ranking Minority Member; Liias; Cleveland; Fortunato; Hawkins; O'Ban; Saldaña; Takko; Van De Wege; Walsh and Wilson.

Passed to Committee on Rules for second reading.

April 3, 2017

ESHB 1105 Prime Sponsor, Committee on Transportation: Concerning passenger-carrying vehicles for railroad employees. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended. Signed by Senators King, Chair; Sheldon, Vice Chair; Hobbs, Ranking Minority Member; Liias; Cleveland; Fortunato; Hawkins; O'Ban; Saldaña; Takko; Van De Wege; Walsh and Wilson.

Passed to Committee on Rules for second reading.

March 31, 2017

SHB 1344 Prime Sponsor, Committee on Finance: Extending the period for which a bond levy may be increased. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass. Signed by Senators Braun, Chair; Brown, Vice Chair; Rossi, Vice Chair; Ranker, Ranking Minority Member; Rolfes, Assistant Ranking Minority Member, Operating Budget; Frockt, Assistant Ranking Minority Member, Capital Budget; Bailey; Becker; Carlyle; Conway; Darneille; Fain; Hasegawa; Keiser; Miloscia; Pedersen; Rivers; Warnick and Zeiger.

MINORITY recommendation: Do not pass. Signed by Senators Honeyford, Vice Chair, Capital Budget ; Padden and Schoesler.

Passed to Committee on Rules for second reading.

April 3, 2017

HB 1373 Prime Sponsor, Representative Bergquist: Concerning the means of communication between a buyer or lessee and an auto dealer during the "bushing" period. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Senators King, Chair; Sheldon, Vice Chair; Hobbs, Ranking Minority Member; Liias; Cleveland; Fortunato; Hawkins; O'Ban; Saldaña; Takko; Van De Wege; Walsh and Wilson.

Passed to Committee on Rules for second reading.

April 3, 2017

HB 1395 Prime Sponsor, Representative Peterson: Allowing public transportation benefit area authorities to use job order contracts and procedure. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

April 3, 2017

E2SHB 1614 Prime Sponsor, Committee on Transportation: Concerning impaired driving. Reported by Committee on Transportation

MINORITY recommendation: Do not pass. Signed by Senator Van De Wege.

Passed to Committee on Rules for second reading.

March 31, 2017

SHB 1741 Prime Sponsor, Committee on Appropriations: Concerning educator preparation data for use by the professional educator standards board. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass. Signed by Senators Braun, Chair; Brown, Vice Chair; Rossi, Vice Chair; Honeyford, Vice Chair, Capital Budget ; Ranker, Ranking Minority Member; Rolfes, Assistant Ranking Minority Member, Operating Budget; Frockt, Assistant Ranking Minority Member, Capital Budget; Bailey; Becker; Carlyle; Conway; Darneille; Fain; Hasegawa; Keiser; Miloscia; Pedersen; Rivers; Schoesler; Warnick and Zeiger.

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

Passed to Committee on Rules for second reading.

March 31, 2017

SHB 1747 Prime Sponsor, Committee on Finance: Concerning the withdrawal of land from a designated classification. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass. Signed by Senators Braun, Chair; Brown, Vice Chair; Rossi, Vice Chair; Honeyford, Vice Chair, Capital Budget ; Bailey; Becker; Carlyle; Conway; Darneille; Fain; Keiser; Miloscia; Padden; Pedersen; Rivers; Schoesler; Warnick and Zeiger.

MINORITY recommendation: Do not pass. Signed by Senator Rolfes, Assistant Ranking Minority Member, Operating Budget.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Ranker, Ranking Minority Member; Frockt, Assistant Ranking Minority Member, Capital Budget and Hasegawa.

Passed to Committee on Rules for second reading.

March 31, 2017

2SHB 1777 Prime Sponsor, Committee on Capital Budget: Concerning the financing of early learning facilities. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass as amended. Signed by Senators Braun, Chair; Brown, Vice Chair; Rossi, Vice Chair; Honeyford, Vice Chair, Capital Budget ; Ranker, Ranking Minority Member; Rolfes, Assistant Ranking Minority Member, Operating Budget; Frockt, Assistant Ranking Minority Member, Capital Budget; Bailey; Becker; Carlyle; Conway; Darneille; Fain; Keiser; Pedersen; Rivers; Warnick and Zeiger.

MINORITY recommendation: Do not pass. Signed by Senator Padden.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Hasegawa and Schoesler.

Passed to Committee on Rules for second reading.

March 31, 2017

ESHB 1809 Prime Sponsor, Committee on Finance: Concerning tax credits for clean alternative fuel commercial vehicles. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass. Signed by Senators Braun, Chair; Brown, Vice Chair; Rossi, Vice Chair; Ranker, Ranking Minority Member; Rolfes, Assistant Ranking Minority Member, Operating Budget; Frockt, Assistant Ranking Minority Member, Capital Budget; Bailey; Carlyle; Conway; Darneille; Fain; Keiser; Miloscia; Pedersen; Rivers and Zeiger.

MINORITY recommendation: Do not pass. Signed by Senators Becker; Padden and Warnick.

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Hasegawa.

Passed to Committee on Rules for second reading.

April 3, 2017

EHB 2003 Prime Sponsor, Representative Kloba: Allowing special parking privileges for certain organizations that dispatch taxicab vehicles or vehicles for hire that transport persons with disabilities. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

MOTION

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

MOTION

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

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

April 3, 2017

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

ELYSE M. BALMERT, appointed April 3, 2017, for the term ending April 15, 2022, as Member of the Indeterminate Sentence Review Board.

Sincerely,

JAY INSLEE, Governor

Referred to Committee on Law & Justice as Senate Gubernatorial Appointment No. 9260.

April 3, 2017

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

PHILLIP R. LEMLEY, appointed April 3, 2017, for the term ending August 2, 2017, as Member of the Sentencing Guidelines Commission.

Sincerely,

JAY INSLEE, Governor

Referred to Committee on Law & Justice as Senate Gubernatorial Appointment No. 9261.

April 3, 2017

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

WILLIAM S. AYER, reappointed April 3, 2017, for the term ending September 30, 2022, as Member of the University of Washington Board of Regents.

Sincerely,

JAY INSLEE, Governor

Referred to Committee on Higher Education as Senate Gubernatorial Appointment No. 9262.

MOTION

On motion of Senator Fain, all appointees listed on the Gubernatorial Appointments report were referred to the committees as designated.

MOTION

At 9:08 a.m., on motion of Senator Fain, the Senate was declared to be at ease for the purpose of caucuses.

Senator McCoy announced a meeting of the Democratic caucus.

The Senate was called to order at 10:37 a.m. by President Habib.

MOTION

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

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1036, by House Committee on Transportation (originally sponsored by Representatives Harmsworth, Kirby, Short and Muri)

Concerning business practices of registered tow truck operators by authorizing electronic records creation and storage.

The measure was read the second time.

MOTION

On motion of Senator King, the rules were suspended, Substitute House Bill No. 1036 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator King spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1036.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1036 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, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Ericksen, Fain, Fortunato, Frockt, Hasegawa, Hawkins, Hobbs, Honeyford, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Palumbo, Pearson, Pedersen, Ranker, Rivers, Rolfes, Rossi, Saldaña, Schoesler, Sheldon, Short, Takko, Van De Wege, Walsh, Warnick, Wellman, Wilson and Zeiger

SUBSTITUTE HOUSE BILL NO. 1036, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1136, by House Committee on Environment (originally sponsored by Representatives Dye, Blake, Haler, Shea, Taylor, Farrell, Dent, Nealey, Manweller, Short, Muri, Schmick, Ormsby, Fey, Young and Buys)

Exempting short-line railroads that haul nonfuel oils from oil spill contingency planning requirements.

The measure was read the second time.

MOTION

Senator Sheldon moved that the following committee striking amendment by the Committee on Energy, Environment & Telecommunications be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 90.56.210 and 2015 c 274 s 5 are each amended to read as follows:

(1) Each onshore and offshore facility shall have a contingency plan for the containment and cleanup of oil spills from the facility into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such spills. The department shall by rule adopt and periodically revise standards for the preparation of contingency plans. The department shall require contingency plans, at a minimum, to meet the following standards:

(a) Include full details of the method of response to spills of various sizes from any facility which is covered by the plan;

(b) Be designed to be capable in terms of personnel, materials, and equipment, of promptly and properly, to the maximum extent practicable, as defined by the department removing oil and minimizing any damage to the environment resulting from a worst case spill;

(c) Provide a clear, precise, and detailed description of how the plan relates to and is integrated into relevant contingency plans which have been prepared by cooperatives, ports, regional entities, the state, and the federal government;

(d) Provide procedures for early detection of oil spills and timely notification of such spills to appropriate federal, state, and local authorities under applicable state and federal law;

(e) State the number, training preparedness, and fitness of all dedicated, prepositioned personnel assigned to direct and implement the plan;

(f) Incorporate periodic training and drill programs to evaluate whether personnel and equipment provided under the plan are in a state of operational readiness at all times;

(g) Describe important features of the surrounding environment, including fish and wildlife habitat, shellfish beds, environmentally and archaeologically sensitive areas, and public facilities. The departments of ecology, fish and wildlife, and natural resources, and the department of archaeology and historic preservation, upon request, shall provide information that they have available to assist in preparing this description. The description of archaeologically sensitive areas shall not be required to be included in a contingency plan until it is reviewed and updated pursuant to subsection (9) of this section;

(h) State the means of protecting and mitigating effects on the environment, including fish, shellfish, marine mammals, and other wildlife, and ensure that implementation of the plan does not pose unacceptable risks to the public or the environment;

(i) Provide arrangements for the prepositioning of oil spill containment and cleanup equipment and trained personnel at strategic locations from which they can be deployed to the spill site to promptly and properly remove the spilled oil;

(j) Provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan;

(k) Provide for disposal of recovered spilled oil in accordance with local, state, and federal laws;

(l) Until a spill prevention plan has been submitted pursuant to RCW 90.56.200, state the measures that have been taken to reduce the likelihood that a spill will occur, including but not limited to, design and operation of a facility, training of personnel, number of personnel, and backup systems designed to prevent a spill;

(m) State the amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other contingency plans rely on the same equipment; and

(n) If the department has adopted rules permitting the use of dispersants, the circumstances, if any, and the manner for the application of the dispersants in conformance with the department's rules.

(2)(a) The following shall submit contingency plans to the department within six months after the department adopts rules establishing standards for contingency plans under subsection (1) of this section:

(i) Onshore facilities capable of storing one million gallons or more of oil; and

(ii) Offshore facilities.

(b) Contingency plans for all other onshore and offshore facilities shall be submitted to the department within eighteen months after the department has adopted rules under subsection (1) of this section. The department may adopt a schedule for submission of plans within the eighteen-month period.

(3)(a) The department by rule shall determine the contingency plan requirements for railroads transporting oil in bulk.

(b) For class III railroads transporting oil in bulk that is not crude oil in an amount of forty-nine or more tank car loads per year, the rules adopted under this subsection may not require contingency plans to include:

(i) Contracted access to oil spill response equipment; or

(ii) The completion of more than a total of one basic table-top drill every three years to test the contingency plans.

(c) For class III railroads transporting oil in bulk that is not crude oil in an amount less than forty-nine tank car loads per year, rules adopted under this subsection may only require railroads to submit a basic contingency plan to the department. A basic contingency plan filed under this subsection (3)(c) must be limited to requiring the class III railroads to:

(i) Keep documentation of the basic contingency plan on file with the department at the plan holder's principal place of business and at dispatcher field offices of the railroad;

(ii) Identify and include contact information for the chain of command and other personnel, including employees or spill response contractors, who will be involved in the railroad's response in the event of a spill;

(iii) Include information related to the relevant accident insurance carried by the railroad and provide a certificate of insurance upon request;

(iv) Develop a field document for use by personnel involved in oil handling operations that includes time-critical information regarding basic contingency plan procedures to be used in the initial response to a spill or a threatened spill; and

(v) Annually review the plan for accuracy.

(d) Federal oil spill response plans created pursuant to 33 U.S.C. Sec. 1321 may be submitted in lieu of contingency plans ((~~until state rules are adopted~~)) by a class III railroad transporting oil in bulk that is not crude oil.

(e) For the purposes of this section, "class III railroad" has the same meaning as defined by the United States surface transportation board as of January 1, 2017.

(4)(a) The owner or operator of a facility shall submit the contingency plan for the facility.

(b) A person who has contracted with a facility to provide containment and cleanup services and who meets the standards established pursuant to RCW 90.56.240, may submit the plan for any facility for which the person is contractually obligated to provide services. Subject to conditions imposed by the department, the person may submit a single plan for more than one facility.

(5) A contingency plan prepared for an agency of the federal government or another state that satisfies the requirements of this section and rules adopted by the department may be accepted by the department as a contingency plan under this section. The department shall ensure that to the greatest extent possible, requirements for contingency plans under this section are consistent with the requirements for contingency plans under federal law.

(6) In reviewing the contingency plans required by this section, the department shall consider at least the following factors:

(a) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures and call down lists, response time, and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment;

(b) The nature and amount of vessel traffic within the area covered by the plan;

(d) The existence of navigational hazards within the area covered by the plan;

(e) The history and circumstances surrounding prior spills of oil within the area covered by the plan;

(f) The sensitivity of fisheries, shellfish beds, and wildlife and other natural resources within the area covered by the plan;

(g) Relevant information on previous spills contained in on-scene coordinator reports prepared by the department; and

(h) The extent to which reasonable, cost-effective measures to prevent a likelihood that a spill will occur have been incorporated into the plan.

(7) The department shall approve a contingency plan only if it determines that the plan meets the requirements of this section and that, if implemented, the plan is capable, in terms of personnel, materials, and equipment, of removing oil promptly and properly and minimizing any damage to the environment.

(8) The approval of the contingency plan shall be valid for five years. Upon approval of a contingency plan, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the facilities or vessels covered by the plan, and other information the department determines should be included.

(9) An owner or operator of a facility shall notify the department in writing immediately of any significant change of which it is aware affecting its contingency plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a contingency plan as a result of these changes.

(10) The department by rule shall require contingency plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every five years.

(11) Approval of a contingency plan by the department does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or other state law."

On page 1, line 2 of the title, after "requirements;" strike the remainder of the title and insert "and amending RCW 90.56.210."

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Energy, Environment & Telecommunications to Engrossed Substitute House Bill No. 1136.

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

MOTION

On motion of Senator Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 1136 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Sheldon, Carlyle and Fain spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1136 as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1136 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

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

Voting nay: Senators Hasegawa, Liias and McCoy

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1136, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced students of St. Philomena Catholic School in Edmonds, including Connor, the grandson of Senator Fortunato, who were seated in the gallery.

SECOND READING

HOUSE BILL NO. 1401, by Representatives Ortiz-Self, Stonier, Ryu, Peterson, Santos, Jinkins, Appleton and Bergquist

Requiring the court to remove any person serving as a court-appointed special advocate or volunteer guardian ad litem if that person has made a materially false statement under oath.

The measure was read the second time.

MOTION

On motion of Senator O'Ban, the rules were suspended, House Bill No. 1401 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators O'Ban and Darneille spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1401.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1401 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

HOUSE BILL NO. 1401, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1320, by House Committee on Transportation (originally sponsored by Representatives Reeves, McDonald, Dolan, Stambaugh, Kilduff, Ryu, Klippert, Tarleton, Appleton, Sawyer, Jinkins, Bergquist, Pellicciotti, McBride and Riccelli)

Concerning certain gold star license plate qualified applicants and recipients. Revised for 1st Substitute: Concerning certain gold star license plate qualified applicants.

The measure was read the second time.

MOTION

On motion of Senator King, the rules were suspended, Substitute House Bill No. 1320 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator King spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1320.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1320 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 1320, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1369, by House Committee on Community Development, Housing & Tribal Affairs (originally sponsored by Representatives Hayes, Muri, Kilduff, Appleton and Lovick)

Defining veteran for the purpose of receiving certain benefits.

The measure was read the second time.

MOTION

On motion of Senator Miloscia, the rules were suspended, Substitute House Bill No. 1369 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Miloscia spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1369.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1369 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 1369, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

ENGROSSED HOUSE BILL NO. 1248, by Representatives Griffey, Appleton, Goodman, Klippert, Holy and Hayes

Correcting a conflict between state and federal law regarding class I correctional industries work programs.

The measure was read the second time.

MOTION

On motion of Senator Padden, the rules were suspended, Engrossed House Bill No. 1248 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Padden spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1248.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1248 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

Voting nay: Senator Hasegawa

ENGROSSED HOUSE BILL NO. 1248, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1411, by House Committee on Health Care & Wellness (originally sponsored by Representatives Cody, DeBolt, Riccelli, Caldier, Jinkins and Appleton)

Concerning dental licensure through completion of a residency program.

The measure was read the second time.

MOTION

On motion of Senator Rivers, the rules were suspended, Substitute House Bill No. 1411 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Rivers spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1411.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1411 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 1411, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1593, by Representatives Vick and Kirby

Simplifying small securities offerings.

The measure was read the second time.

MOTION

On motion of Senator Angel, the rules were suspended, House Bill No. 1593 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of House Bill No. 1593.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1593 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

HOUSE BILL NO. 1593, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1283, by Representatives Chapman, Orcutt, Nealey and Lytton

Eliminating the collection of anticipated taxes and assessments.

The measure was read the second time.

MOTION

On motion of Senator Short, the rules were suspended, House Bill No. 1283 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of House Bill No. 1283.

ROLL CALL

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

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

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1010, by House Committee on Environment (originally sponsored by Representatives Shea, Taylor, Holy, Short, McCaslin, Pike, Haler and Young)

Directing the department of ecology to submit an annual report to the legislature detailing the department's participation in interagency agreements.

The measure was read the second time.

MOTION

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

Senators Sheldon and Carlyle spoke in favor of passage of the bill.

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

ROLL CALL

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

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

SECOND READING

ENGROSSED HOUSE BILL NO. 1654, by Representatives McCaslin, Bergquist, Ortiz-Self, Muri and Pollet

Changing explicit alternative routes to teacher certification program requirements to expectations for program outcomes.

The measure was read the second time.

MOTION

On motion of Senator Zeiger, the rules were suspended, Engrossed House Bill No. 1654 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1654.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1654 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED HOUSE BILL NO. 1654, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

PERSONAL PRIVILEGE

Senator Cleveland: “Thank you Mr. President. I would like to share with my good colleagues here in the Senate that today is equal pay day. This is a day that marks how far into the year that women must work to earn what men earned in the previous year. The issue of equal pay matters, Mr. President. It matters because if women were simply paid the same as men who are the same age, who have the same level of education, worked the same number of hours, and had the same urban or rural status, poverty among working women would fall by more than half. So in my mind, this issue continues to be very much one of economics and fairness. You know the gender pay gap exists in every single state in our nation. So on this day some ninety-three days into 2017, the wage gap continues. So let’s remember today that our daughters, our sisters, our mothers and everyone in the state deserves equal pay for equal work. Thank you.”

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1755, by House Committee on Labor & Workplace Standards (originally sponsored by Representative Manweller)

Requiring notice to state fund employers for certain workers' compensation third-party settlements.

The measure was read the second time.

MOTION

On motion of Senator Baumgartner, the rules were suspended, Substitute House Bill No. 1755 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Baumgartner spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1755.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1755 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 1755, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1732, by Representatives Springer and Bergquist

Concerning the confidentiality of educator professional growth plans.

The measure was read the second time.

MOTION

On motion of Senator Zeiger, the rules were suspended, House Bill No. 1732 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Zeiger spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 1732.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1732 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

HOUSE BILL NO. 1732, 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.

REMARKS BY THE PRESIDENT

President Habib: “Message from the earth, Bertha has broken through.”

MOTION

On motion of Senator Fain, Senator Padden was excused.

SECOND READING

SENATE BILL NO. 5303, by Senators Honeyford, Rolfes, Chase, Hawkins, Warnick, Bailey and Ranker

Concerning aquatic invasive species management.

MOTIONS

On motion of Senator Honeyford, Substitute Senate Bill No. 5303 was substituted for Senate Bill No. 5303 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5303 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Honeyford and Van De Wege spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5303.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5303 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

Excused: Senator Padden

SUBSTITUTE SENATE BILL NO. 5303, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5347, by Senators Walsh, Darneille, Zeiger, Rolfes, Sheldon, Angel and Hasegawa

Concerning the definition of work activity for the purposes of the WorkFirst program.

MOTIONS

On motion of Senator Walsh, Second Substitute Senate Bill No. 5347 was substituted for Senate Bill No. 5347 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Walsh, the rules were suspended, Second Substitute Senate Bill No. 5347 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5347.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5347 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

Excused: Senator Padden

SECOND SUBSTITUTE SENATE BILL NO. 5347, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1905, by House Committee on Transportation (originally sponsored by Representatives Orcutt and Clibborn)

Modifying the volume limitation for certain vessels exempt from the pilotage act. Revised for 1st Substitute: Modifying limitations for certain vessels exempt from the pilotage act.

The measure was read the second time.

MOTION

On motion of Senator King, the rules were suspended, Substitute House Bill No. 1905 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator King spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1905.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1905 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

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

Voting nay: Senator Hasegawa

Excused: Senator Padden

SUBSTITUTE HOUSE BILL NO. 1905, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1886, by House Committee on Education (originally sponsored by Representatives Harris, Santos and Pollet)

Concerning the responsibilities of the superintendent of public instruction and the state board of education. Revised for 1st Substitute: Concerning the responsibilities of the superintendent of public instruction and the state board of education. (REVISED FOR ENGROSSED: Establishing a legislative task force to review issues relating to the responsibilities of the superintendent of public instruction and the state board of education. )

The measure was read the second time.

MOTION

Senator Zeiger moved that the following committee striking amendment by the Committee on Early Learning & K-12 Education be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 2. (1) The office of the superintendent of public instruction and the state board of education shall jointly review the following issues:

(a) The constitutional and statutory provisions establishing the governance structure and associated responsibilities in the K-12 system;

(b) Options for the division of roles and responsibilities between the office of the superintendent of public instruction and the state board of education;

(c) Past and present provisions governing the superintendent of public instruction and the superintendent's office, including authorities and duties assigned and modified by the legislature; and

(d) Past and present provisions governing the state board of education, including provisions prescribing its authorities, duties, composition, and membership qualifications; and

(e) Other relevant information as determined by the superintendent of public instruction or the members of the state board of education.

(2) The office of the superintendent of public instruction and the state board of education shall jointly report findings and recommendations, including recommendations regarding the appropriate roles and responsibilities of the superintendent of public instruction and the state board of education in the K-12 system, to the education committees of the house of representatives and the senate by November 15, 2017.

(3) This section expires January 31, 2018.

NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

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

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Early Learning & K-12 Education to Engrossed Substitute House Bill No. 1886.

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

MOTION

On motion of Senator Zeiger, the rules were suspended, Engrossed Substitute House Bill No. 1886 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Zeiger spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1886.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1886 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

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

Voting nay: Senator Ericksen

Excused: Senator Padden

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1886, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

At 11:51 a.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President for the purpose of reading in committee reports later in the day.

EVENING SESSION

Senator Palumbo, acting President Pro Tempore, assumed the Chair.

The Senate was called to order at 7:51 p.m. by President Pro Tempore Palumbo.

MOTION

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

SUPPLEMENTAL REPORTS OF STANDING COMMITTEES

April 4, 2017

SB 5205 Prime Sponsor, Senator Fain: Concerning the excise taxation of martial arts. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass. Signed by Senators Braun, Chair; Brown, Vice Chair; Rossi, Vice Chair; Honeyford, Vice Chair, Capital Budget ; Rolfes, Assistant Ranking Minority Member, Operating Budget; Frockt, Assistant Ranking Minority Member, Capital Budget; Bailey; Becker; Conway; Fain; Hasegawa; Keiser; Miloscia; Padden; Pedersen; Rivers; Schoesler; Warnick and Zeiger.

MINORITY recommendation: Do not pass. Signed by Senators Ranker, Ranking Minority Member and Carlyle.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Billig and Darneille.