SIXTY FIFTH LEGISLATURE - REGULAR SESSION
FIFTY THIRD DAY
House Chamber, Olympia, Thursday, March 1, 2018
The House was called to order at 10:00 a.m. by the Speaker (Representative Orwall presiding). The Clerk called the roll and a quorum was present.
The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Olivia Meyers and Aiden Waller. The Speaker (Representative Orwall presiding) led the Chamber in the Pledge of Allegiance. The prayer was offered by Pastor Marlando Jordan, Word of Faith Center, Kennewick, Washington.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the House advanced to the third order of business.
MESSAGES FROM THE SENATE
February 27, 2018
MR. SPEAKER:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6346,
and the same are herewith transmitted.
Brad Hendrickson, Secretary
February 28, 2018
MR. SPEAKER:
The Senate has passed:
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1388,
SUBSTITUTE HOUSE BILL NO. 2538,
HOUSE BILL NO. 2539,
HOUSE BILL NO. 2669,
and the same are herewith transmitted.
Brad Hendrickson, Secretary
February 28, 2018
MR. SPEAKER:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1022,
HOUSE BILL NO. 1056,
ENGROSSED HOUSE BILL NO. 1128,
SECOND SUBSTITUTE HOUSE BILL NO. 1513,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1622,
HOUSE BILL NO. 1630,
SUBSTITUTE HOUSE BILL NO. 2530,
HOUSE BILL NO. 2661,
HOUSE BILL NO. 2661,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2684,
HOUSE BILL NO. 2851,
and the same are herewith transmitted.
Brad Hendrickson, Secretary
February 28, 2018
MR. SPEAKER:
The President has signed:
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1508,
SUBSTITUTE HOUSE BILL NO. 1723,
and the same are herewith transmitted.
Brad Hendrickson, Secretary
February 28, 2018
MR. SPEAKER:
The President has signed:
ENGROSSED SENATE BILL NO. 6018,
and the same are herewith transmitted.
Brad Hendrickson, Secretary
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2998, by Representatives Robinson, Cody, Jinkins, Tharinger and Ormsby
Providing a business and occupation tax exemption for accountable communities of health.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2998 was substituted for House Bill No. 2998 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2998 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Robinson and Nealey spoke in favor of the passage of the bill.
Representative Schmick spoke against the passage of the bill.
MOTION
On motion of Representative Hayes, Representative Rodne was excused.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2998.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2998, and the bill passed the House by the following vote: Yeas, 85; Nays, 12; Absent, 1; Excused, 0.
Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Eslick, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Van Werven, Volz, Wilcox, Wylie, Young and Mr. Speaker.
Voting nay: Representatives Barkis, Chandler, Dye, Graves, Jenkin, Kraft, Manweller, Muri, Schmick, Taylor, Vick and Walsh.
Absent: Representative Rodne.
SUBSTITUTE HOUSE BILL NO. 2998, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6404, by Senators Wellman, Mullet, Fain, Hunt and Kuderer
Concerning background checks for persons providing child care services.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Goodman and Dent spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Senate Bill No. 6404.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6404, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Rodne.
SENATE BILL NO. 6404, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6452, by Senate Committee on Ways & Means (originally sponsored by Senators Brown, Frockt, Carlyle, O'Ban, Walsh, Darneille, Miloscia, Kuderer and Saldaña)
Expanding the activities of the children's mental health services consultation program.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Early Learning & Human Services was not adopted. (For Committee amendment, see Journal, Day 50, February 26, 2018).
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Slatter and Dent spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6452, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6452, as amended by the House, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Rodne.
SUBSTITUTE SENATE BILL NO. 6452, as amended by the House, having received the necessary constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 6453, by Senate Committee on Ways & Means (originally sponsored by Senators King, Carlyle, Hobbs, Zeiger, O'Ban, Walsh, Brown, Darneille, Miloscia, Palumbo and Saldaña)
Concerning legal support for kinship caregivers.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Pettigrew and Graves spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 6453.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6453, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Rodne.
SECOND SUBSTITUTE SENATE BILL NO. 6453, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6210, by Senators Conway, Schoesler, McCoy, Hobbs, Rolfes and Hunt
Addressing the terms under which tribal schools may participate in the state retirement systems as part of a state-tribal education compact.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Manweller, Sawyer and Stokesbary spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Senate Bill No. 6210.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6210, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Rodne.
SENATE BILL NO. 6210, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6474, by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators McCoy, Sheldon, Chase, Conway, Frockt, Hasegawa, Hunt, Kuderer, Palumbo, Rolfes, Saldaña and Van De Wege)
Creating a pilot project for tribal compact schools.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Education was not adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
Representative Santos moved the adoption of amendment (1315):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.715 RCW to read as follows:
(1) The office of the superintendent of public instruction shall establish a pilot project for one or more schools that are the subject of a state-tribal education compact, schools also known as "tribal compact schools," to implement modifications to requirements governing school attendance, school year length, and assessments. Tribal compact schools that apply to the office of the superintendent of public instruction to participate in the pilot project must be included in the pilot project.
(2) The purpose of the pilot project is to grant participating schools flexibility regarding:
(a) Accommodating cultural, fisheries, and agricultural events and practices; and
(b) Replacing, to the maximum extent permitted by state and federal law, statewide student assessments with locally developed assessments that are culturally relevant, based on community standards, and aligned with the Washington state learning standards.
(3) Schools participating in the pilot project may:
(a) Request a waiver, in accordance with section 2 of this act, to the requirement for a one hundred eighty-day school year established in RCW 28A.150.220. The waiver requested in accordance with this subsection (3)(a) may be for allowing additional instructional days, including an allowance for year-round instruction;
(b) Develop curricula that links student learning with engagement in cultural, fisheries, and agricultural programs, and aligns with the Washington state learning standards;
(c) Request authorization to consider student participation in cultural, fisheries, or agricultural programs as instructional days for the purposes of RCW 28A.150.220(5);
(d) Replace, to the maximum extent permitted by state and federal law, statewide student assessments with locally developed assessments that are culturally relevant, based on community standards, and aligned with the Washington state learning standards; and
(e) Consider and implement, to the maximum extent permitted by state and federal law, other modifications to requirements as determined by each participating school.
(4) The office of native education within the office of the superintendent of public instruction must collaborate with each tribal compact school participating in the pilot project, including providing technical support and assistance, and review any terms of the compact that relate to the school's implementation of the pilot project.
(5) The office of the superintendent of public instruction, in establishing the pilot project required by this section, shall explore and pursue options for granting flexibility to participating schools from state and federal requirements, including requirements related to assessments, to further the purpose of the pilot project as expressed in subsection (2) of this section.
(6) If requested by a tribal compact school participating or intending to participate in the pilot project, the superintendent of public instruction shall convene a government-to-government meeting with the tribal compact school for the purpose of revising the compact to reflect the terms of the pilot project. The superintendent of public instruction may also convene a government-to-government meeting on his or her own accord.
(7) Nothing contained in this section is intended or may be construed to limit the amount of funding allocated to tribal compact schools participating in the pilot project.
(8)(a) Each tribal compact school participating in the pilot project shall submit a report every two years to the appropriate committees of the house of representatives and senate and the office of the superintendent of public instruction, with the first report submitted no later than August 1, 2021.
(b) Reports submitted in accordance with this subsection (8) must include:
(i) Information about student performance on assessments required for state and federal accountability purposes and locally developed assessments under subsection (3)(d) of this section, including differences in student performance between the statewide and locally developed assessments; and
(ii) Recommendations for lessening or removing barriers that may affect either student performance on assessments, the effective administration of assessments, or both.
(c) The final report of each participating school must include a recommendation of whether the pilot project should be modified, continued, expanded, or discontinued.
(d) Reports submitted to the house of representatives and the senate in accordance with this subsection (8) must comply with RCW 43.01.036.
(9) The pilot project expires August 1, 2023.
(10) This section expires September 1, 2023.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.300 RCW to read as follows:
(1) The superintendent of public instruction shall, upon receipt of an application from a school that is the subject of a state-tribal education compact and that is participating in the pilot project established in section 1 of this act:
(a) Grant a waiver from the requirements for a one hundred eighty-day school year under RCW 28A.150.220; and
(b) Authorize the school to consider student participation in cultural, fisheries, or agricultural programs as instructional days for the purposes of RCW 28A.150.220(5).
(2) This section expires September 1, 2023.
NEW SECTION. Sec. 3. A new section is added to chapter 28A.715 RCW to read as follows:
(1) Students in a school that is the subject of a state-tribal education compact and that is participating in the pilot project established in section 1 of this act are exempt from the obligation to earn:
(a) A certificate of academic achievement as a prerequisite for graduating from a public high school under RCW 28A.230.090 and 28A.655.061; or
(b) A certificate of individual achievement as a prerequisite for graduating from a public high school under RCW 28A.155.045 and 28A.230.090.
(2) If a student attends a school that is participating in the pilot project established in section 1 of this act, the statewide high school assessments in English language arts and mathematics that are administered under RCW 28A.655.070 may not be used:
(a) To determine whether the student has met the requirements for graduating from a public high school; or
(b) For assessing the student's career and college readiness.
(3) Schools participating in the pilot project established in section 1 of this act are exempt from the provisions in RCW 28A.230.125 that require standardized high school transcripts to include a notation of whether the student has earned a certificate of individual achievement or certificate of academic achievement.
(4) This section expires September 1, 2023.
NEW SECTION. Sec. 4. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state."
Correct the title.
Representatives Santos and Steele spoke in favor of the adoption of the striking amendment.
Amendment (1315) was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Santos and Steele spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6474, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6474, as amended by the House, and the bill passed the House by the following vote:Yeas, 86; Nays, 11; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Chapman, Clibborn, Cody, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McDonald, Morris, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Wilcox, Wylie and Mr. Speaker.
Voting nay: Representatives Caldier, Chandler, Condotta, Graves, Hargrove, Kraft, McCaslin, Orcutt, Shea, Walsh and Young.
Excused: Representative Rodne.
SUBSTITUTE SENATE BILL NO. 6474, as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6491, by Senate Committee on Ways & Means (originally sponsored by Senators O'Ban and Darneille)
Increasing the availability of assisted outpatient behavioral health treatment.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For Committee amendment, see Journal, Day 50, February 26, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Jinkins, Graves, Eslick and Dent spoke in favor of the passage of the bill.
Representative Shea spoke against the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6491, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6491, as amended by the House, and the bill passed the House by the following vote: Yeas, 92; Nays, 5; Absent, 0; Excused, 1.
Voting yea: Representatives Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie and Mr. Speaker.
Voting nay: Representatives Appleton, Goodman, Shea, Taylor and Young.
Excused: Representative Rodne.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6491, as amended by the House, having received the necessary constitutional majority, was declared passed.
STATEMENT FOR THE JOURNAL
I intended to vote NAY on Engrossed Substitute Senate Bill No. 6491.
Representative McCaslin, 4 District
SENATE BILL NO. 6240, by Senators Sheldon, Angel, Rolfes and Van De Wege
Regarding miniature hobby boilers.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McCabe, Sells and Peterson spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Senate Bill No. 6240.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6240, and the bill passed the House by the following vote: Yeas, 96; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Voting nay: Representative Graves.
Excused: Representative Rodne.
SENATE BILL NO. 6240, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6367, by Senators Honeyford, Cleveland, Warnick and Walsh
Concerning publicly owned industrial wastewater treatment facilities.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dent and Peterson spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Senate Bill No. 6367.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6367, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Rodne.
SENATE BILL NO. 6367, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6407, by Senator Darneille
Concerning private case management of child welfare services.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Early Learning & Human Services was not adopted. (For Committee amendment, see Journal, Day 46, February 22, 2018).
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For Committee amendment, see Journal, Day 50, February 26, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Kagi and Dent spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Senate Bill No. 6407, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6407, as amended by the House, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Rodne.
SENATE BILL NO. 6407, as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6287, by Senators Darneille, O'Ban, Carlyle, Zeiger and Saldaña
Making technical changes regarding the department of children, youth, and families.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Senn and Dent spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Senate Bill No. 6287.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6287, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Rodne.
SENATE BILL NO. 6287, having received the necessary constitutional majority, was declared passed.
The Speaker (Representative Orwall presiding) called upon Representative Lovick to preside.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5143, by Senate Committee on Ways & Means (originally sponsored by Senators Zeiger, Rolfes and Darneille)
Concerning the exemption of property taxes for nonprofit homeownership development.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Finance was adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representative Lytton spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5143, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5143, as amended by the House, and the bill passed the House by the following vote: Yeas, 80; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, DeBolt, Doglio, Dolan, Dye, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harris, Hayes, Holy, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Lovick, Lytton, MacEwen, Macri, McBride, McCabe, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Van Werven, Volz, Walsh, Wilcox, Wylie and Mr. Speaker.
Voting nay: Representatives Buys, Chandler, Condotta, Dent, Eslick, Harmsworth, Jenkin, Kretz, Kristiansen, Manweller, Maycumber, McCaslin, Pike, Schmick, Shea, Taylor, Vick and Young.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5143, as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6162, by Senate Committee on Ways & Means (originally sponsored by Senators Zeiger, Wellman, Palumbo and Mullet)
Defining dyslexia as a specific learning disability and requiring early screening for dyslexia.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Education was not adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
Representative Santos moved the adoption of amendment (1299):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows:
For the purposes of sections 2 through 6 of this act, "dyslexia" means a specific learning disorder that is neurological in origin and that is characterized by unexpected difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities that are not consistent with the person's intelligence, motivation, and sensory capabilities. These difficulties typically result from a deficit in the phonological components of language that is often unexpected in relation to other cognitive abilities. In addition, the difficulties are not typically a result of ineffective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:
(1) Beginning in the 2021-22 school year, and as provided in this section, each school district must use multitiered systems of support to provide interventions to students in kindergarten through second grade who display indications of, or areas of weakness associated with, dyslexia. In order to provide school districts with the opportunity to intervene before a student's performance falls significantly below grade level, school districts must screen students in kindergarten through second grade for indications of, or areas associated with, dyslexia as provided in this section.
(2)(a) School districts must use screening tools and resources that exemplify best practices, as described under section 3 of this act.
(b) School districts may use the screening tools and resources identified by the superintendent of public instruction in accordance with section 3 of this act.
(3)(a) If a student shows indications of below grade level literacy development or indications of, or areas of weakness associated with, dyslexia, the school district must provide interventions using evidence-based multitiered systems of support, consistent with the recommendations of the dyslexia advisory council under section 4 of this act and as required under this subsection (3).
(b) The interventions must be evidence-based multisensory structured literacy interventions and must be provided by an educator trained in instructional methods specifically targeting students' areas of weakness.
(c) Whenever possible, a school district must begin by providing student supports in the general education classroom. If screening tools and resources indicate that, after receiving the initial tier of student support, a student requires interventions, the school district may provide the interventions in either the general education classroom or a learning assistance program setting. If after receiving interventions, further screening tools and resources indicate that a student continues to have indications of, or areas of weakness associated with, dyslexia, the school district must recommend to the student's parents and family that the student be evaluated for dyslexia or a specific learning disability.
(4) For a student who shows indications of, or areas of weakness associated with, dyslexia, each school district must notify the student's parents and family of the identified indicators and areas of weakness, as well as the plan for using multitiered systems of support to provide supports and interventions. The initial notice must also include information relating to dyslexia and resources for parental support developed by the superintendent of public instruction. The school district must regularly update the student's parents and family of the student's progress.
(5) School districts may use state funds provided under chapter 28A.165 RCW to meet the requirements of this section.
NEW SECTION. Sec. 3. A new section is added to chapter 28A.300 RCW to read as follows:
(1) By September 1, 2019, the superintendent of public instruction, after considering recommendations from the dyslexia advisory council convened under section 4 of this act, must identify screening tools and resources that, at a minimum, meet the following best practices to:
(a) Satisfy developmental and academic criteria, including considerations of validity and reliability, that indicate typical literacy development or dyslexia, taking into account typical child neurological development; and
(b) Identify indicators and areas of weakness that are highly predictive of future reading difficulty, including phonological awareness, phonemic awareness, rapid naming skills, letter sound knowledge, and family history of difficulty with reading and language acquisition.
(2) Beginning September 1, 2019, the superintendent of public instruction must maintain on the agency's web site the list of screening tools and resources identified under this section and must include links to the tools and resources, when available.
(3) The superintendent of public instruction must review and update the list of screening tools and resources identified under this section as appropriate.
NEW SECTION. Sec. 4. A new section is added to chapter 28A.300 RCW to read as follows:
(1) The superintendent of public instruction shall convene a dyslexia advisory council to advise the superintendent on matters relating to dyslexia in an academic setting. The council must include interested stakeholders including, but not limited to, literacy and dyslexia experts, special education experts, primary school teachers, school administrators, school psychologists, representatives of school boards, and representatives of nonprofit organizations with expertise in dyslexia. Members of the council must serve without compensation.
(2) By June 1, 2019, the council must identify and describe screening tools and resources that satisfy developmental and academic criteria, including considerations of validity and reliability, that indicate typical literacy development or dyslexia, taking into account typical child neurological development, and report this information to the superintendent of public instruction.
(3) By June 1, 2020, the council must develop recommendations and report to the superintendent of public instruction regarding:
(a) Best practices for school district implementation of screenings as required under section 2 of this act, including trainings for school district staff conducting the screenings;
(b) Best practices for using multitiered systems of support to provide interventions as required under section 2 of this act, including trainings for school district staff in instructional methods specifically targeting students' areas of weakness;
(c) Sample educational information for parents and families related to dyslexia that includes a list of resources for parental support; and
(d) Best practices to address the needs of students above grade two who show indications of, or areas of weakness associated with, dyslexia.
(4) By January 15, 2022, the council must review school district implementation of screenings and their use of multitiered systems of support to provide interventions as required under section 2 of this act, and report to the superintendent of public instruction with updates on its recommendations for the best practices and sample educational information required under subsection (3) of this section.
(5) This section expires August 1, 2023.
NEW SECTION. Sec. 5. A new section is added to chapter 28A.300 RCW to read as follows:
(1) By June 1, 2021, the superintendent of public instruction must review the dyslexia advisory council's recommendations required under section 4 of this act and make available to school districts:
(a) Best practices for school district implementation of screenings as required under section 2 of this act, including trainings for school district staff conducting the screenings;
(b) Best practices for using multitiered systems of support to provide interventions as required under section 2 of this act, including trainings for school district staff in instructional methods specifically targeting students' areas of weakness;
(c) Sample educational information for parents and families related to dyslexia that includes a list of resources for parental support; and
(d) Best practices to address the needs of students above grade two who show indications of, or areas of weakness associated with, dyslexia.
(2) By February 15, 2022, the superintendent of public instruction must review the dyslexia advisory council's updated report required under section 4 of this act and revise the best practices and sample educational information made available to school districts required under subsection (1) of this section.
(3) By November 1, 2022, and in compliance with RCW 43.01.036, the superintendent of public instruction must report to the house of representatives and senate education committees with the following information from the 2021-22 school year:
(a) The number of students: (i) Screened pursuant to section 2 of this act; (ii) with indications of, or areas of weakness associated with, dyslexia identified under section 3 of this act; and (iii) provided interventions pursuant to section 2 of this act;
(b) Descriptions from school districts of the types of interventions used in accordance with section 2 of this act and rates of student progress, when available; and
(c) Descriptions from school districts of the issues districts had related to implementing the provisions of section 2 of this act.
NEW SECTION. Sec. 6. A new section is added to chapter 28A.320 RCW to read as follows:
Beginning with the 2018-19 school year, as part of the annual student assessment inventory, school districts that screen students for indicators of, or areas of weakness associated with, dyslexia must report the number of students and grade levels of the students screened, disaggregated by student subgroups. Each school district must aggregate the school reports and submit the aggregated report to the office of the superintendent of public instruction. The office of the superintendent of public instruction and the dyslexia advisory council convened under section 4 of this act must use this data when developing best practice recommendations in accordance with sections 4 and 5 of this act.
Sec. 7. RCW 28A.165.035 and 2016 c 72 s 803 are each amended to read as follows:
(1) Use of best practices that have been demonstrated through research to be associated with increased student achievement magnifies the opportunities for student success. To the extent they are included as a best practice or strategy in one of the state menus or an approved alternative under this section or RCW 28A.655.235, the following are services and activities that may be supported by the learning assistance program:
(a) Extended learning time opportunities occurring:
(i) Before or after the regular school day;
(ii) On Saturday; and
(iii) Beyond the regular school year;
(b) Services under RCW 28A.320.190;
(c) Professional development for certificated and classified staff that focuses on:
(i) The needs of a diverse student population;
(ii) Specific literacy and mathematics content and instructional strategies; and
(iii) The use of student work to guide effective instruction and appropriate assistance;
(d) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students;
(e) Tutoring support for participating students;
(f) Outreach activities and support for parents of participating students, including employing parent and family engagement coordinators; and
(g) Up to five percent of a district's learning assistance program allocation may be used for development of partnerships with community-based organizations, educational service districts, and other local agencies to deliver academic and nonacademic supports to participating students who are significantly at risk of not being successful in school to reduce barriers to learning, increase student engagement, and enhance students' readiness to learn. The school board must approve in an open meeting any community-based organization or local agency before learning assistance funds may be expended.
(2) In addition to the state menu developed under RCW 28A.655.235, the office of the superintendent of public instruction shall convene a panel of experts, including the Washington state institute for public policy, to develop additional state menus of best practices and strategies for use in the learning assistance program to assist struggling students at all grade levels in English language arts and mathematics and reduce disruptive behaviors in the classroom. The office of the superintendent of public instruction shall publish the state menus by July 1, 2015, and update the state menus by each July 1st thereafter.
(3)(a) Beginning in the 2016-17 school year, except as provided in (b) of this subsection, school districts must use a practice or strategy that is on a state menu developed under subsection (2) of this section or RCW 28A.655.235.
(b) Beginning in the 2016-17 school year, school districts may use a practice or strategy that is not on a state menu developed under subsection (2) of this section for two school years initially. If the district is able to demonstrate improved outcomes for participating students over the previous two school years at a level commensurate with the best practices and strategies on the state menu, the office of the superintendent of public instruction shall approve use of the alternative practice or strategy by the district for one additional school year. Subsequent annual approval by the superintendent of public instruction to use the alternative practice or strategy is dependent on the district continuing to demonstrate increased improved outcomes for participating students.
(c) Beginning in the 2016-17 school year, school districts may enter cooperative agreements with state agencies, local governments, or school districts for administrative or operational costs needed to provide services in accordance with the state menus developed under this section and RCW 28A.655.235.
(4) School districts are encouraged to implement best practices and strategies from the state menus developed under this section and RCW 28A.655.235 before the use is required.
(5) School districts may use learning assistance program allocations to meet the screening and intervention requirements of section 2 of this act, even if the student being screened or provided with supports is not eligible to participate in the learning assistance program. The learning assistance program allocations may also be used for school district staff trainings necessary to implement the provisions of section 2 of this act.
NEW SECTION. Sec. 8. A new section is added to chapter 28A.300 RCW to read as follows:
(1) The superintendent of public instruction may adopt rules to implement sections 1 through 6 of this act and RCW 28A.165.035.
(2) The rules may include, but are not limited to, the following:
(a) A timeline for school districts and charter schools to implement the screenings required under section 2 of this act;
(b) The frequency of conducting the screenings;
(c) Best practices for identifying screening tools and resources in accordance with section 3 of this act;
(d) Training for school district staff conducting the screenings; and
(e) The members and scope of work for the dyslexia advisory council convened under section 4 of this act.
Sec. 9. RCW 28A.710.040 and 2016 c 241 s 104 are each amended to read as follows:
(1) A charter school must operate according to the terms of its charter contract and the provisions of this chapter.
(2) A charter school must:
(a) Comply with local, state, and federal health, safety, parents' rights, civil rights, and nondiscrimination laws applicable to school districts and to the same extent as school districts, including but not limited to chapter 28A.642 RCW (discrimination prohibition) and chapter 28A.640 RCW (sexual equality);
(b) Provide a program of basic education, that meets the goals in RCW 28A.150.210, including instruction in the essential academic learning requirements, and participate in the statewide student assessment system as developed under RCW 28A.655.070;
(c) Comply with the screening and intervention requirements under section 2 of this act;
(d) Employ certificated instructional staff as required in RCW 28A.410.025. Charter schools, however, may hire noncertificated instructional staff of unusual competence and in exceptional cases as specified in RCW 28A.150.203(7);
(((d))) (e) Comply
with the employee record check requirements in RCW 28A.400.303;
(((e))) (f) Adhere
to generally accepted accounting principles and be subject to financial
examinations and audits as determined by the state auditor, including annual
audits for legal and fiscal compliance;
(((f))) (g) Comply
with the annual performance report under RCW 28A.655.110;
(((g))) (h) Be
subject to the performance improvement goals adopted by the state board of
education under RCW 28A.305.130;
(((h))) (i) Comply
with the open public meetings act in chapter 42.30 RCW and public records
requirements in chapter 42.56 RCW; and
(((i))) (j) Be
subject to and comply with legislation enacted after December 6, 2012, that
governs the operation and management of charter schools.
(3) Charter public schools must comply with all state statutes and rules made applicable to the charter school in the school's charter contract, and are subject to the specific state statutes and rules identified in subsection (2) of this section. For the purpose of allowing flexibility to innovate in areas such as scheduling, personnel, funding, and educational programs to improve student outcomes and academic achievement, charter schools are not subject to, and are exempt from, all other state statutes and rules applicable to school districts and school district boards of directors. Except as provided otherwise by this chapter or a charter contract, charter schools are exempt from all school district policies.
(4) A charter school may not engage in any sectarian practices in its educational program, admissions or employment policies, or operations.
(5) Charter schools are subject to the supervision of the superintendent of public instruction and the state board of education, including accountability measures, to the same extent as other public schools, except as otherwise provided in this chapter."
Correct the title.
Representatives Santos and Harris spoke in favor of the adoption of the striking amendment.
Amendment (1299) was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Pollet, Harris, Dye, Slatter and Hayes spoke in favor of the passage of the bill.
The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Second Substitute Senate Bill No. 6162, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6162, as amended by the House, and the bill passed the House by the following vote:Yeas, 96; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Voting nay: Representatives Pike and Stonier.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6162, as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6199, by Senate Committee on Health & Long Term Care (originally sponsored by Senators Cleveland, Conway, Miloscia, Keiser and Fortunato)
Concerning the individual provider employment administrator program. Revised for 1st Substitute: Concerning the consumer directed employer program.
The bill was read the second time.
Representative Kraft moved the adoption of amendment (1246):
On page 8, line 6, after "vendors" strike all material through "RCW" on line 8
Representatives Kraft, Buys and Kraft (again) spoke in favor of the adoption of the amendment.
Representative Cody spoke against the adoption of the amendment.
Amendment (1246) was not adopted.
Representative Schmick moved the adoption of amendment (1247):
On page 9, after line 22, insert the following:
"(h) No contract entered into by the department and a consumer directed employer may have a duration exceeding four years. The department may not renew a contract with a consumer directed employer unless it has evaluated whether other potential vendors might better satisfy the criteria in subsection (2) of this section."
Representatives Schmick, Schmick (again) Manweller, Stokesbary, Volz and Walsh spoke in favor of the adoption of the amendment.
Representative Cody spoke against the adoption of the amendment.
Amendment (1247) was not adopted.
Representative Manweller moved the adoption of amendment (1248):
On page 9, after line 22, insert the following:
"(h) No consumer directed employer may share any affiliation with the bargaining representative of individual providers including, but not limited to, shared officers or any financial relationship."
Representative Manweller spoke in favor of the adoption of the amendment.
Representative Sells spoke against the adoption of the amendment.
Amendment (1248) was not adopted.
Representative Graves moved the adoption of amendment (1249):
On page 24, line 34, after "requirements" strike all material through "consumer" on line 37
Representatives Graves, Graves (again) and Manweller spoke in favor of the adoption of the amendment.
POINT OF ORDER
Representative Hudgins: “The comments should be directed at the amendment before us, not the two questions previously considered.”
SPEAKER’S RULING
Mr. Speaker (Representative Lovick presiding): “Would the gentleman link up your comments to the amendment before us. Please continue.”
Representative Cody spoke against the adoption of the amendment.
Amendment (1249) was not adopted.
Representative Van Werven moved the adoption of amendment (1250):
On page 42, beginning on line 36, strike all of section 27
Renumber the remaining sections consecutively and correct any internal references accordingly.
Representatives Van Werven, Schmick and Van Werven (again) spoke in favor of the adoption of the amendment.
Representative Cody spoke against the adoption of the amendment.
Amendment (1250) was not adopted.
Representative Manweller moved the adoption of amendment (1251):
On page 46, after line 5, insert the following:
"Sec. 28. RCW 42.17A.405 and 2013 c 311 s 1 are each amended to read as follows:
(1) The contribution limits in this section apply to:
(a) Candidates for legislative office;
(b) Candidates for state office other than legislative office;
(c) Candidates for county office;
(d) Candidates for special purpose district office if that district is authorized to provide freight and passenger transfer and terminal facilities and that district has over two hundred thousand registered voters;
(e) Candidates for city council office;
(f) Candidates for mayoral office;
(g) Candidates for school board office;
(h) Candidates for public hospital district board of commissioners in districts with a population over one hundred fifty thousand;
(i) Persons holding an office in (a) through (h) of this subsection against whom recall charges have been filed or to a political committee having the expectation of making expenditures in support of the recall of a person holding the office;
(j) Caucus political committees;
(k) Bona fide political parties.
(2) No person, other than a bona fide political party or a caucus political committee, may make contributions to a candidate for a legislative office, county office, city council office, mayoral office, school board office, or public hospital district board of commissioners that in the aggregate exceed eight hundred dollars or to a candidate for a public office in a special purpose district or a state office other than a legislative office that in the aggregate exceed one thousand six hundred dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions to candidates subject to the limits in this section made with respect to a primary may not be made after the date of the primary. However, contributions to a candidate or a candidate's authorized committee may be made with respect to a primary until thirty days after the primary, subject to the following limitations: (a) The candidate lost the primary; (b) the candidate's authorized committee has insufficient funds to pay debts outstanding as of the date of the primary; and (c) the contributions may only be raised and spent to satisfy the outstanding debt. Contributions to candidates subject to the limits in this section made with respect to a general election may not be made after the final day of the applicable election cycle.
(3) No person, other than a bona fide political party or a caucus political committee, may make contributions to a state official, a county official, a city official, a school board member, a public hospital district commissioner, or a public official in a special purpose district against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the state official, county official, city official, school board member, public hospital district commissioner, or public official in a special purpose district during a recall campaign that in the aggregate exceed eight hundred dollars if for a legislative office, county office, school board office, public hospital district office, or city office, or one thousand six hundred dollars if for a special purpose district office or a state office other than a legislative office.
(4)(a) Notwithstanding subsection (2) of this section, no bona fide political party or caucus political committee may make contributions to a candidate during an election cycle that in the aggregate exceed (i) eighty cents multiplied by the number of eligible registered voters in the jurisdiction from which the candidate is elected if the contributor is a caucus political committee or the governing body of a state organization, or (ii) forty cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
(b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed forty cents times the number of registered voters in the jurisdiction from which the candidate is elected.
(5)(a) Notwithstanding subsection (3) of this section, no bona fide political party or caucus political committee may make contributions to a state official, county official, city official, school board member, public hospital district commissioner, or a public official in a special purpose district against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the state official, county official, city official, school board member, public hospital district commissioner, or a public official in a special purpose district during a recall campaign that in the aggregate exceed (i) eighty cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is a caucus political committee or the governing body of a state organization, or (ii) forty cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
(b) No official holding an office specified in subsection (1) of this section against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of the official may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed forty cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.
(6) For purposes of determining contribution limits under subsections (4) and (5) of this section, the number of eligible registered voters in a jurisdiction is the number at the time of the most recent general election in the jurisdiction.
(7) Notwithstanding subsections (2) through (5) of this section, no person other than an individual, bona fide political party, or caucus political committee may make contributions reportable under this chapter to a caucus political committee that in the aggregate exceed eight hundred dollars in a calendar year or to a bona fide political party that in the aggregate exceed four thousand dollars in a calendar year. This subsection does not apply to loans made in the ordinary course of business.
(8) For the purposes of RCW 42.17A.125, 42.17A.405 through 42.17A.415, 42.17A.450 through 42.17A.495, 42.17A.500, 42.17A.560, and 42.17A.565, a contribution to the authorized political committee of a candidate or of an official specified in subsection (1) of this section against whom recall charges have been filed is considered to be a contribution to the candidate or official.
(9) A contribution received within the twelve-month period after a recall election concerning an office specified in subsection (1) of this section is considered to be a contribution during that recall campaign if the contribution is used to pay a debt or obligation incurred to influence the outcome of that recall campaign.
(10) The contributions allowed by subsection (3) of this section are in addition to those allowed by subsection (2) of this section, and the contributions allowed by subsection (5) of this section are in addition to those allowed by subsection (4) of this section.
(11) RCW 42.17A.125, 42.17A.405 through 42.17A.415, 42.17A.450 through 42.17A.495, 42.17A.500, 42.17A.560, and 42.17A.565 apply to a special election conducted to fill a vacancy in an office specified in subsection (1) of this section. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other primary or election.
(12) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may make contributions reportable under this chapter to a state office candidate, to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the official. This subsection does not apply to loans made in the ordinary course of business.
(13) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter to a candidate specified in subsection (1) of this section, or an official specified in subsection (1) of this section against whom recall charges have been filed, or political committee having the expectation of making expenditures in support of the recall of an official specified in subsection (1) of this section if the county central committee or legislative district committee is outside of the jurisdiction entitled to elect the candidate or recall the official.
(14) Notwithstanding the other provisions of this section, no entity that is represented as a voting member under section 27(2)(a)(iii) or (iv) of this act may make contributions reportable under this chapter to any candidate for the office of governor, directly or indirectly.
(15) No person may accept contributions that exceed the contribution limitations provided in this section.
(((15))) (16) The following contributions are
exempt from the contribution limits of this section:
(a) An expenditure or contribution earmarked for voter registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates;
(b) An expenditure by a political committee for its own internal organization or fund-raising without direct association with individual candidates; or
(c) An expenditure or contribution for independent expenditures as defined in RCW 42.17A.005 or electioneering communications as defined in RCW 42.17A.005."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Correct the title.
POINT OF ORDER
Representative Tarleton requested a scope and object ruling on amendment (1251) to ESSB 6199.
SPEAKER’S RULING
Mr. Speaker (Representative Lovick presiding): “The bill before us makes several changes to long-term care service options governed by Chapter 74.39A of the Revised Code of Washington. The amendment is drawn to Chapter 42.17A of the Revised Code of Washington and relates to campaign finance, not the delivery of long-term care services.
The Speaker therefore finds and rules that the amendment is outside the scope and object of the bill.
The point of order is well taken.”
Representative Schmick moved the adoption of amendment (1252):
On page 48, beginning on line 24, after "(3)" strike all material through "law" on line 38 and insert "In accordance with the United States supreme court decision in Harris v. Quinn, 134 S. Ct. 2618 (2014), and the state's authority under section 14(b) of the labor management relations act of 1947, no individual provider may be required to become or remain a member of a labor organization as a condition of participating in programs authorized through the medicaid state plan or medicaid waiver authorities or similar state-funded in-home care programs, nor may any individual provider be required to pay any dues, fees, assessments, or other charges to a labor organization as a condition of participation in such programs. No individual provider may be prevented from joining or resigning membership in a labor organization at any time. The department of social and health services and consumer directed employers may not deduct dues, fees, assessments, or other charges from the pay of an individual provider on behalf of a labor organization without the voluntary, written authorization of the individual provider. No such authorization may be irrevocable for a period of more than one year"
Representatives Schmick, Kraft and Graves spoke in favor of the adoption of the amendment.
Representative Sells spoke against the adoption of the amendment.
Amendment (1252) was not adopted.
Representative Vick moved the adoption of amendment (1253):
On page 48, line 24, after "(3)" insert "(a)"
On page 48, after line 38, insert the following:
"(b)(i) An exclusive bargaining representative who receives dues subject to subsection (1) of this section may not charge dues or fees in excess of one and one-half percent of the employee's base rate of pay.
(ii) If the department of social and health services contracts with a consumer directed employer to be the legal employer of an individual provider pursuant to section 3 of this act, no exclusive bargaining representative that bargains with the consumer directed employer may charge dues or fees in excess of one and one-half percent of the employee's base rate of pay."
Representatives Vick, Vick (again) and Stokesbary spoke in favor of the adoption of the amendment.
Representative Sells spoke against the adoption of the amendment.
An electronic roll call was requested.
ROLL CALL
The Clerk called the roll on the adoption of amendment (1253) and the amendment was not adopted by the following vote: Yeas, 47; Nays, 50; Absent, 0; Excused, 1.
Voting yea: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCaslin, McDonald, McCabe, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Smith, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, Walsh, Wilcox and Young.
Voting nay: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Wylie and Mr. Speaker.
Excused: Representative Eslick.
Amendment (1253) was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Cody, Macri and Riccelli, spoke in favor of the passage of the bill.
Representatives Schmick, Graves, Kraft, Dye, and Pike spoke against the passage of the bill.
POINT OF ORDER
Representative Riccelli rose for a point of order.
SPEAKER’S RULING
Mr. Speaker (Representative Lovick presiding): “Would the Lady please speak to the bill and not to members. Please continue.”
POINT OF ORDER
Representative Riccelli: “Thank you Mr. Speaker. I believe the gentlelady is inflaming, rather than engendering debate.”
SPEAKER’S RULING
Mr. Speaker (Representative Lovick presiding): “The Speaker believes that there is a tremendous amount of passion on this issue but the speaker would request that the members limit their remarks to the policy in front of us and not reflect toward other members. Are there further remarks?”
Representative Hargrove spoke against the passage of the bill.
Representatives Stonier, Peterson, Senn and Kagi spoke in favor of the passage of the bill.
Representatives McCaslin, Jenkin, Van Werven, McDonald, Caldier, Haler, Vick, Barkis, Stokesbary, Buys, Young, Maycumber, Walsh, Rodne, Smith, Condotta and Kristiansen spoke against the passage of the bill.
SPEAKER’S PRIVILEGE
The Speaker (Representative Lovick presiding) “The Speaker would remind members that our decorum rules do not allow members to take photos or videos on the floor. The speaker would also remind members that our rules do not allow members to impugn or assign motives. Those are the rules adopted by the members and it is the Speaker’s job to enforce them.”
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6199, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6199, as amended by the House, and the bill passed the House by the following vote:Yeas, 50; Nays, 0; Absent, 48; Excused, 0.
Voting yea: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Wylie and Mr. Speaker.
Absent: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Eslick, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCaslin, McDonald, McCabe, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Smith, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, Walsh, Wilcox and Young.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6199, as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6218, by Senators King, Hobbs and Darneille
Bringing the state into compliance with the federal FAST act.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Valdez and Orcutt spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6218.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6218, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
SENATE BILL NO. 6218, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6070, by Senators Fortunato and Hasegawa
Establishing permissible methods of parking a motorcycle.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Transportation was adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Clibborn and Orcutt spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6070, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6070, as amended by the House, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
SENATE BILL NO. 6070, as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SENATE JOINT MEMORIAL NO. 8008, by Senator Chase
Requesting Congress to reform the harbor maintenance tax.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Dent spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Joint Memorial No. 8008.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Joint Memorial No. 8008, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
ENGROSSED SENATE JOINT MEMORIAL NO. 8008, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6438, by Senate Committee on Transportation (originally sponsored by Senators King, Palumbo and Hobbs)
Clarifying the collection process for existing vehicle service transactions.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Fey, Orcutt and Irwin spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6438.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6438, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
SUBSTITUTE SENATE BILL NO. 6438, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6419, by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators Rolfes, Zeiger, Billig, Wellman, Conway, Darneille, Kuderer, Palumbo and Walsh)
Concerning access to the Washington early childhood education and assistance program.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Early Learning & Human Services was adopted. (For Committee amendment, see Journal, Day 46, February 22, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representative Kagi spoke in favor of the passage of the bill.
Representative Dent spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6419, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6419, as amended by the House, and the bill passed the House by the following vote: Yeas, 70; Nays, 28; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Doglio, Dolan, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Hansen, Hargrove, Harmsworth, Harris, Hudgins, Irwin, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kloba, Kretz, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, McDonald, Morris, Muri, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Van Werven, Walsh, Wylie and Mr. Speaker.
Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dent, Dye, Eslick, Haler, Hayes, Holy, Jenkin, Johnson, Kraft, Kristiansen, Manweller, McCaslin, McCabe, Nealey, Orcutt, Pike, Schmick, Shea, Smith, Taylor, Vick, Volz, Wilcox and Young.
SUBSTITUTE SENATE BILL NO. 6419, as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6334, by Senate Committee on Law & Justice (originally sponsored by Senators Dhingra, Angel and Darneille)
Concerning implementation of mandatory provisions of the federal rule on flexibility, efficiency, and modernization in child support enforcement programs regarding health care coverage. Revised for 1st Substitute: Concerning child support, but only including a parent's obligation to provide medical support, use of electronic funds transfers, notice of noncompliance, adoption of the economic table recommended by the child support work group, and references to the federal poverty level in self-support reserve limitations.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
Representative Shea moved the adoption of amendment (1309):
On page 38, line 32 of the striking amendment, after "ECONOMIC TABLE" insert "AND RESIDENTIAL SCHEDULE CREDIT"
On page 38, after line 32 of the striking amendment, insert the following:
"NEW SECTION. Sec. 301. The legislature intends to implement recommendations of the 2011 and 2015 child support schedule workgroups pertaining to updating the child support economic table and establishing a residential schedule credit. The legislature finds that updating the economic table is necessary to modernize the calculation of basic support obligations. The legislature further finds that both the 2011 and 2015 child support schedule workgroups recognized the importance of establishing an adjustment to the basic support obligation determined under the economic table based on a shared residential schedule. The legislature finds that enacting both an update of the economic table and a residential schedule adjustment to the support obligation determined under the economic table are important in providing a modernized and equitable procedure for establishing child support obligations."
Renumber the remaining sections consecutively and correct internal references accordingly.
On page 53, after line 31 of the striking amendment, insert the following:
"Sec. 302. RCW 26.19.075 and 2009 c 84 s 4 are each amended to read as follows:
(1) Reasons for deviation from the standard calculation include but are not limited to the following:
(a) Sources of income and tax planning. The court may deviate from the standard calculation after consideration of the following:
(i) Income of a new spouse or new domestic partner if the parent who is married to the new spouse or in a partnership with a new domestic partner is asking for a deviation based on any other reason. Income of a new spouse or new domestic partner is not, by itself, a sufficient reason for deviation;
(ii) Income of other adults in the household if the parent who is living with the other adult is asking for a deviation based on any other reason. Income of the other adults in the household is not, by itself, a sufficient reason for deviation;
(iii) Child support actually received from other relationships;
(iv) Gifts;
(v) Prizes;
(vi) Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;
(vii) Extraordinary income of a child;
(viii) Tax planning considerations. A deviation for tax planning may be granted only if the child would not receive a lesser economic benefit due to the tax planning; or
(ix) Income that has been excluded under *RCW 26.19.071(4)(h) if the person earning that income asks for a deviation for any other reason.
(b) Nonrecurring income. The court may deviate from the standard calculation based on a finding that a particular source of income included in the calculation of the basic support obligation is not a recurring source of income. Depending on the circumstances, nonrecurring income may include overtime, contract-related benefits, bonuses, or income from second jobs. Deviations for nonrecurring income shall be based on a review of the nonrecurring income received in the previous two calendar years.
(c) Debt and high expenses. The court may deviate from the standard calculation after consideration of the following expenses:
(i) Extraordinary debt not voluntarily incurred;
(ii) A significant disparity in the living costs of the parents due to conditions beyond their control;
(iii) Special needs of disabled children;
(iv) Special medical, educational, or psychological needs of the children; or
(v) Costs incurred or anticipated to be incurred by the parents in compliance with court-ordered reunification efforts under chapter 13.34 RCW or under a voluntary placement agreement with an agency supervising the child.
(d) ((Residential schedule.
The court may deviate from the standard calculation if the child spends a
significant amount of time with the parent who is obligated to make a support
transfer payment. The court may not deviate on that basis if the deviation will
result in insufficient funds in the household receiving the support to meet the
basic needs of the child or if the child is receiving temporary assistance for
needy families. When determining the amount of the deviation, the court shall
consider evidence concerning the increased expenses to a parent making support
transfer payments resulting from the significant amount of time spent with that
parent and shall consider the decreased expenses, if any, to the party
receiving the support resulting from the significant amount of time the child
spends with the parent making the support transfer payment.
(e))) Children from other relationships.
The court may deviate from the standard calculation when either or both of the
parents before the court have children from other relationships to whom the
parent owes a duty of support.
(i) The child support schedule shall be applied to the mother, father, and children of the family before the court to determine the presumptive amount of support.
(ii) Children from other relationships shall not be counted in the number of children for purposes of determining the basic support obligation and the standard calculation.
(iii) When considering a deviation from the standard calculation for children from other relationships, the court may consider only other children to whom the parent owes a duty of support. The court may consider court-ordered payments of child support for children from other relationships only to the extent that the support is actually paid.
(iv) When the court has determined that either or both parents have children from other relationships, deviations under this section shall be based on consideration of the total circumstances of both households. All child support obligations paid, received, and owed for all children shall be disclosed and considered.
(2) All income and resources of the parties before the court, new spouses or new domestic partners, and other adults in the households shall be disclosed and considered as provided in this section. The presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons for deviation are set forth in the written findings of fact and are supported by the evidence, the court shall order each parent to pay the amount of support determined by using the standard calculation.
(3) The court shall enter findings that specify reasons for any deviation or any denial of a party's request for any deviation from the standard calculation made by the court. The court shall not consider reasons for deviation until the court determines the standard calculation for each parent.
(4) When reasons exist for deviation, the court shall exercise discretion in considering the extent to which the factors would affect the support obligation.
(5) Agreement of the parties is not by itself adequate reason for any deviations from the standard calculation.
NEW SECTION. Sec. 303. A new section is added to chapter 26.19 RCW to read as follows:
(1) The court shall make an adjustment to the standard calculation for a shared residential schedule subject to the provisions in this section.
(2) An adjustment to the standard calculation based on the residential schedule may be made if there is a court order or findings made by an administrative law judge regarding the number of overnights the child or children spend with the obligor parent, and the number of overnights allocated to the obligor is equivalent to at least fourteen percent of annual overnights. The number of overnights in the court order or administrative law judge's findings must be used to calculate the residential adjustment. The findings made by an administrative law judge may be based upon a written agreement between the parents or upon sworn testimony provided by a party at the administrative hearing for child support.
(3) The adjustment must be based on the table in section 304 of this act and the formula set forth in the worksheet for calculating residential credit.
(4) An adjustment may not be made to the standard calculation based on the shared residential schedule if:
(a) The adjustment would result in insufficient funds in the household receiving the support transfer payment to meet the basic needs of the child;
(b) The obligee's net income before receiving the support transfer payment is at or below one hundred twenty-five percent of the federal poverty level guidelines for one person; or
(c) The child is receiving temporary assistance for needy families.
(5) To help parties estimate residential credit, the division of child support shall, if feasible and within available resources, create a residential credit calculator available online.
NEW SECTION. Sec. 304. A new section is added to chapter 26.19 RCW to read as follows:
Residential time table. The TOTAL column represents the anticipated total out-of-pocket expenses expressed as a percentage of the basic child support obligation that will be incurred by the parent who will pay child support. The total expenses are the sum of transferred and duplicated expenses. The DUPLICATED column represents the duplicated expenses and reflects the assumption that when there is an equal sharing of residential time, fifty percent of the basic child support obligation will be duplicated. The number of annual overnights column will determine the particular fractions of TOTAL and DUPLICATED to be used in the residential time credit worksheet.
ANNUAL OVERNIGHTS |
DUPLICATED |
||
FROM |
TO |
TOTAL |
|
1 |
51 |
0.000 |
0.000 |
52 |
55 |
0.062 |
0.011 |
56 |
60 |
0.070 |
0.014 |
61 |
65 |
0.080 |
0.020 |
66 |
70 |
0.093 |
0.028 |
71 |
75 |
0.108 |
0.038 |
76 |
80 |
0.127 |
0.052 |
81 |
85 |
0.150 |
0.070 |
86 |
90 |
0.178 |
0.093 |
91 |
95 |
0.211 |
0.122 |
96 |
100 |
0.250 |
0.156 |
101 |
105 |
0.294 |
0.195 |
106 |
110 |
0.341 |
0.237 |
111 |
115 |
0.388 |
0.280 |
116 |
120 |
0.434 |
0.321 |
121 |
125 |
0.476 |
0.358 |
126 |
130 |
0.513 |
0.390 |
131 |
135 |
0.544 |
0.417 |
136 |
140 |
0.570 |
0.438 |
141 |
145 |
0.591 |
0.454 |
146 |
150 |
0.609 |
0.467 |
151 |
155 |
0.623 |
0.476 |
156 |
160 |
0.634 |
0.483 |
161 |
165 |
0.644 |
0.488 |
166 |
170 |
0.652 |
0.491 |
171 |
175 |
0.660 |
0.494 |
176 |
180 |
0.666 |
0.495 |
181 |
183 |
0.675 |
0.500 |
Sec. 305. RCW 26.19.050 and 2005 c 282 s 37 are each amended to read as follows:
(1) The administrative office of the courts shall develop and adopt worksheets and instructions to assist the parties and courts in establishing the appropriate child support level and apportionment of support. The administrative office of the courts shall develop and adopt a worksheet for calculating residential credit that is consistent with the intent of the proposed residential schedule credit as set forth in the final report of the 2011 child support schedule workgroup. The administrative office of the courts shall attempt to the greatest extent possible to make the worksheets and instructions understandable by persons who are not represented by legal counsel.
(2) The administrative office of the courts shall develop and adopt standards for the printing of worksheets and shall establish a process for certifying printed worksheets. The administrator may maintain a register of sources for approved worksheets.
(3) The administrative office of the courts should explore methods to assist pro se parties and judges in the courtroom to calculate support payments through automated software, equipment, or personal assistance."
POINT OF ORDER
Representative Tarleton requested a scope and object ruling on amendment (1309) to the committee striking amendment to SSB 6334.
There being no objection, the House deferred action on. SUBSTITUTE SENATE BILL NO. 6334, and the bill held its place on the second reading calendar.
SENATE BILL NO. 5028, by Senators McCoy, Billig, Carlyle, Hasegawa, Chase, Rolfes, Saldaña, Pedersen and Keiser
Requiring teacher preparation programs to integrate Native American curriculum developed by the office of the superintendent of public instruction into existing Pacific Northwest history and government requirements.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Santos and Harris spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5028.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5028, and the bill passed the House by the following vote: Yeas, 76; Nays, 22; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, DeBolt, Doglio, Dolan, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Hansen, Harmsworth, Harris, Hayes, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, McDonald, Morris, McCabe, Muri, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Wilcox, Wylie and Mr. Speaker.
Voting nay: Representatives Buys, Chandler, Condotta, Dent, Dye, Haler, Hargrove, Holy, Jenkin, Klippert, Kraft, Manweller, McCaslin, Nealey, Pike, Shea, Taylor, Van Werven, Vick, Volz, Walsh and Young.
SENATE BILL NO. 5028, having received the necessary constitutional majority, was declared passed.
The House resumed consideration of. SUBSTITUTE SENATE BILL NO. 6334 on second reading.
With the consent of the house, amendment (1309) to the committee amendment was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Kilduff and Rodne spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6334, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6334, as amended by the House, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
SUBSTITUTE SENATE BILL NO. 6334, as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 5020, by Senators Hasegawa, Hunt, Keiser and Chase
Concerning certain state ethnic and cultural diversity commissions.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on State Government, Elections & Information Technology was adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representative Ortiz-Self spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5020, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5020, as amended by the House, and the bill passed the House by the following vote: Yeas, 93; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Voting nay: Representatives Chandler, Klippert, Pike, Shea and Taylor.
SENATE BILL NO. 5020, as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6582, by Senators Chase, Saldaña and Hasegawa
Concerning the criminal history of applicants to institutions of higher education.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Higher Education was adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Hansen and Holy spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6582, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6582, as amended by the House, and the bill passed the House by the following vote: Yeas, 62; Nays, 36; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Dent, Doglio, Dolan, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Hansen, Harris, Holy, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, Manweller, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Van Werven, Wylie and Mr. Speaker.
Voting nay: Representatives Barkis, Buys, Chandler, Condotta, DeBolt, Dye, Eslick, Griffey, Haler, Hargrove, Harmsworth, Hayes, Jenkin, Klippert, Kraft, Kretz, Kristiansen, MacEwen, Maycumber, McCaslin, McDonald, McCabe, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Smith, Taylor, Vick, Volz, Walsh, Wilcox and Young.
SENATE BILL NO. 6582, as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5928, by Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators Rivers, Palumbo and Hasegawa)
Making financial services available to marijuana producers, processors, retailers, qualifying patients, health care professionals, and designated providers as authorized under chapters 69.50 and 69.51A RCW.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sawyer and Graves spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5928.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5928, and the bill passed the House by the following vote: Yeas, 83; Nays, 15; Absent, 0; Excused, 0.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Doglio, Dolan, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Hansen, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Kagi, Kilduff, Kirby, Kloba, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Voting nay: Representatives Dent, Dye, Haler, Hargrove, Johnson, Klippert, Kraft, Manweller, McCaslin, McDonald, McCabe, Pike, Rodne, Smith and Van Werven.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5928, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6124, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Dhingra, Palumbo, Mullet, Frockt, Takko, Darneille, Rolfes, Billig, Cleveland, Kuderer, Wellman, Carlyle, Ranker, Hasegawa, Saldaña, Nelson, Keiser, McCoy, Van De Wege, Chase and O'Ban)
Clarifying that court hearings under the involuntary commitment act may be conducted by video.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kilduff and Graves spoke in favor of the passage of the bill.
MOTION
On motion of Representative Hayes, Representative Manweller was excused.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6124.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6124, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Manweller.
SUBSTITUTE SENATE BILL NO. 6124, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6058, by Senators Hunt, Zeiger and Kuderer
Modifying write-in voting provisions.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on State Government, Elections & Information Technology was adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Dolan, McDonald and Kraft spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6058, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6058, as amended by the House, and the bill passed the House by the following vote: Yeas, 79; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chapman, Clibborn, Cody, DeBolt, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Hansen, Hargrove, Harmsworth, Harris, Hayes, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Kretz, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, McDonald, Morris, McCabe, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Van Werven, Wilcox, Wylie, Young and Mr. Speaker.
Voting nay: Representatives Chandler, Condotta, Dent, Griffey, Haler, Holy, Jenkin, Klippert, Kraft, Kristiansen, McCaslin, Orcutt, Shea, Smith, Taylor, Vick, Volz and Walsh.
Excused: Representative Manweller.
SENATE BILL NO. 6058, as amended by the House, having received the necessary constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 6245, by Senate Committee on Ways & Means (originally sponsored by Senators Saldaña, Ranker, Conway, Hasegawa, McCoy, Hunt and Keiser)
Concerning spoken language interpreter services.
The bill was read the second time.
With the consent of the House, the committee amendment by the Committee on Labor & Workplace Standards was not adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For Committee amendment, see Journal, Day 50, February 26, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representative Frame spoke in favor of the passage of the bill.
Representative McCabe spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 6245, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6245, as amended by the House, and the bill passed the House by the following vote: Yeas, 53; Nays, 44; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, MacEwen, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Wylie and Mr. Speaker.
Voting nay: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Eslick, Graves, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Kraft, Kretz, Kristiansen, Maycumber, McCaslin, McDonald, McCabe, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Smith, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, Walsh, Wilcox and Young.
Excused: Representative Manweller.
SECOND SUBSTITUTE SENATE BILL NO. 6245, as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6462, by Senators Angel and Mullet
Concerning the seller's real estate disclosure regarding oil tank insurance.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kirby and Vick spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6462.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6462, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Manweller.
SENATE BILL NO. 6462, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6175, by Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators Pedersen, Rivers and Mullet)
Concerning the Washington uniform common interest ownership act.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For Committee amendment, see Journal, Day 47, February 23, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Kilduff and Rodne spoke in favor of the passage of the bill.
Representative Kraft spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6175, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6175, as amended by the House, and the bill passed the House by the following vote: Yeas, 56; Nays, 41; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Haler, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Wylie and Mr. Speaker.
Voting nay: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Eslick, Griffey, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Kraft, Kretz, Kristiansen, MacEwen, Maycumber, McCaslin, McDonald, McCabe, Muri, Nealey, Orcutt, Pike, Schmick, Shea, Smith, Stokesbary, Taylor, Van Werven, Vick, Volz, Walsh, Wilcox and Young.
Excused: Representative Manweller.
SUBSTITUTE SENATE BILL NO. 6175, as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6109, by Senate Committee on Ways & Means (originally sponsored by Senators Van De Wege and Rolfes)
Concerning the International Wildland Urban Interface Code.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative McBride spoke in favor of the passage of the bill.
Representatives Griffey and Taylor spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6109.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6109, and the bill passed the House by the following vote: Yeas, 50; Nays, 47; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Wylie and Mr. Speaker.
Voting nay: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Eslick, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Kraft, Kretz, Kristiansen, MacEwen, Maycumber, McCaslin, McDonald, McCabe, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Smith, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, Walsh, Wilcox and Young.
Excused: Representative Manweller.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6109, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6127, by Senate Committee on Agriculture, Water, Natural Resources & Parks (originally sponsored by Senator Van De Wege)
Improving the management of the state's halibut fishery.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Agriculture & Natural Resources was adopted. (For Committee amendment, see Journal, Day 46, February 22, 2018).
There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.
Representatives Blake, Buys and Jenkin spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6127, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6127, as amended by the House, and the bill passed the House by the following vote: Yeas, 76; Nays, 21; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Hansen, Hayes, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Kristiansen, Lovick, Lytton, MacEwen, Macri, McBride, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Wilcox, Wylie and Mr. Speaker.
Voting nay: Representatives Barkis, Haler, Hargrove, Harmsworth, Harris, Holy, Klippert, Kraft, Kretz, Maycumber, McCaslin, McCabe, Pike, Shea, Stokesbary, Taylor, Van Werven, Vick, Volz, Walsh and Young.
Excused: Representative Manweller.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6127, as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6408, by Senators Padden and Pedersen
Regulating body worn cameras.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hansen, Rodne, Klippert and Stokesbary spoke in favor of the passage of the bill.
Representative Pollet spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6408.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6408, and the bill passed the House by the following vote: Yeas, 95; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Reeves, Riccelli, Robinson, Rodne, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Voting nay: Representatives Pollet and Ryu.
Excused: Representative Manweller.
SENATE BILL NO. 6408, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6125, by Senator Honeyford
Extending the expiration date of the department of ecology's authority to enter into voluntary regional agreements.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Blake and Buys spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6125.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6125, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Eslick, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, McCaslin, McDonald, Morris, McCabe, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Smith, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Valdez, Van Werven, Vick, Volz, Walsh, Wilcox, Wylie, Young and Mr. Speaker.
Excused: Representative Manweller.
SENATE BILL NO. 6125, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6414, by Senators Billig, Conway, Liias and Saldaña
Concerning population-based representation on the governing body of public transportation benefit areas.
The bill was read the second time.
Representative Orcutt moved the adoption of amendment (1318):
On page 2, line 7, after "cities" insert ", and this single elected official must be from a different city every two years until each of the multiple cities has been represented, at which point this rotation between the multiple cities must begin again. Any of the multiple cities may waive its position in the rotation by resolution of its legislative body"
Representatives Orcutt and Harmsworth spoke in favor of the adoption of the amendment.
Representative Fey spoke against the adoption of the amendment.
Amendment (1318) was not adopted.
Representative Harmsworth moved the adoption of amendment (1273):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.57A.050 and 2010 c 278 s 3 are each amended to read as follows:
((Within sixty days of the
establishment of the boundaries of the public transportation benefit area the
members of the county legislative authority and the elected representative of each
city within the area shall provide for the selection of the governing body of
such area, the public transportation benefit area authority, which shall
consist of elected officials selected by and serving at the pleasure of the
governing bodies of component cities within the area and the county legislative
authority of each county within the area. If at the time a public
transportation benefit area authority assumes the public transportation
functions previously provided under the Interlocal Cooperation Act (chapter
39.34 RCW) there are citizen positions on the governing board of the transit
system, those positions may be retained as positions on the governing board of
the public transportation benefit area authority.)) (1) A public
transportation benefit area is governed by a board consisting of nine directly
elected nonpartisan members, or fifteen directly elected nonpartisan members in
the case of a multicounty area. One nonpartisan member must be elected from
each of the nine numbered electoral districts or fifteen numbered electoral
districts in the case of a multicounty area, in primary and general elections
commencing with the elections held in 2018. Commencing with such elections, a
person seeking election or serving on the board may not hold other public
office and must be a registered voter residing in the relevant electoral
district during the term in office and for a period from at least thirty days
before filing a petition for candidacy.
(2) A five-member districting commission appointed by the governor must define the districts as soon as possible after the effective date of this section. The districting commission has all reasonably necessary powers and must determine a reasonable budget, which must be funded upon its request by a public transportation benefit area. The districting commission must promptly approve a plan for the requisite number of numbered electoral districts in a public transportation benefit area, and publicize and file the plan with the county clerk of the county or counties within a public transportation benefit area. The plan must be drawn to ensure that the electoral districts: Have nearly equal populations in accordance with the one person, one vote principle; do not divide a precinct; are compact, convenient, and contiguous; and minimize the number of districts that consist of portions of different counties if there are multiple counties in the public transportation benefit area. An objection to the plan must commence within thirty days, and be heard within sixty days, of filing the plan.
(3) Upon certification of the 2018 general election, terms of office of the public transportation benefit area board members expire, if any are existing on the effective date of this section, and the elected nonpartisan members must take office. Each elected member must serve the remainder of 2018 plus an additional period of two or four years. Lots must be drawn to determine which five of the nine elected members or eight of the fifteen elected members must serve an additional four years, and which four of the nine elected members or seven of the fifteen elected members must serve an additional two years. All successors elected in subsequent elections in odd-numbered years must have terms of office for four years, commencing January 1st after the election.
(4) An authority's board positions become vacant upon failure to maintain residence or other qualification, recall, death, resignation, or adjudication of permanent disability. The nonpartisan vacancy must be filled as provided in chapter 42.12 RCW. The appointed temporary member must serve until a successor for the remainder of the vacated term is chosen in the next primary and general election.
(5) Local jurisdiction expenditures incurred through administering the election of the public transportation benefit area's board members must be reimbursed by the authority.
(6) Every decade, after the release of federal census information, the governor must appoint a new districting commission in accordance with subsection (2) of this section. The commission must operate in accordance with the standards provided in subsection (2) of this section and prepare a timetable for transition to any new districts.
(7) To allow staggered terms after a redistricting, a board member who has an uncompleted four-year term and no longer resides in his or her prior district solely due to redistricting must serve the remainder of the four-year term.
(8) Within ((such sixty-day period)) sixty
days of the establishment of the public transportation benefit area, any city
may by resolution of its legislative body withdraw from participation in the
public transportation benefit area. ((The county legislative authority and
each city remaining in the public transportation benefit area may disapprove
and prevent the establishment of any governing body of a public transportation
benefit area if the composition thereof does not meet its approval.
In no case shall the governing
body of a single county public transportation benefit area be greater than nine
voting members and in the case of a multicounty area, fifteen voting members.
Those cities within the public transportation benefit area and excluded
from direct membership on the authority are hereby authorized to designate a
member of the authority who shall be entitled to represent the interests of
such city which is excluded from direct membership on the authority. The
legislative body of such city shall notify the authority as to the
determination of its authorized representative on the authority.))
(9) There is one nonvoting member of the public transportation benefit area authority. The nonvoting member is recommended by the labor organization representing the public transportation employees within the local public transportation system. If the public transportation employees are represented by more than one labor organization, all such labor organizations shall select the nonvoting member by majority vote. The nonvoting member shall comply with all governing bylaws and policies of the authority. The chair or cochairs of the authority shall exclude the nonvoting member from attending any executive session held for the purpose of discussing negotiations with labor organizations. The chair or cochairs may exclude the nonvoting member from attending any other executive session. The requirement that a nonvoting member be appointed to the governing body of a public transportation benefit area authority does not apply to an authority that has no employees represented by a labor union.
(10) Each member of the authority is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to receive compensation, as set by the authority, in an amount not to exceed forty-four dollars for each day during which the member attends official meetings of the authority or performs prescribed duties approved by the chair of the authority. Except that the authority may, by resolution, increase the payment of per diem compensation to each member from forty-four dollars up to ninety dollars per day or portion of a day for actual attendance at board meetings or for performance of other official services or duties on behalf of the authority. In no event may a member be compensated in any year for more than seventy-five days, except the chair who may be paid compensation for not more than one hundred days: PROVIDED, That compensation shall not be paid to an elected official or employee of federal, state, or local government who is receiving regular full-time compensation from such government for attending meetings and performing prescribed duties of the authority.
(11) The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect.
(12) A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions.
NEW SECTION. Sec. 2. RCW 36.57A.055 (Governing body—Periodic review of composition) and 1991 c 318 s 16 & 1983 c 65 s 4 are each repealed."
Correct the title.
Representative Harmsworth spoke in favor of the adoption of the striking amendment.
Representative Fey spoke against the adoption of the striking amendment.
Amendment (1273) was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Fey and Riccelli spoke in favor of the passage of the bill.
Representatives Orcutt, Holy and Kraft spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6414.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6414, and the bill passed the House by the following vote: Yeas, 50; Nays, 47; Absent, 0; Excused, 1.
Voting yea: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Valdez, Wylie and Mr. Speaker.
Voting nay: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Eslick, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Kraft, Kretz, Kristiansen, MacEwen, Maycumber, McCaslin, McDonald, McCabe, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Smith, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, Walsh, Wilcox and Young.
Excused: Representative Manweller.
SENATE BILL NO. 6414, having received the necessary constitutional majority, was declared passed.
There being no objection, the House reverted to the fifth order of business.
REPORTS OF STANDING COMMITTEES
March 1, 2018
E2SSB 5935 Prime Sponsor, Committee on Ways & Means: Enhancing consumer access, affordability, and quality of broadband and advanced telecommunications services. Reported by Committee on Technology & Economic Development
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) The federal communications commission has adopted a national broadband plan that includes recommendations directed to federal, state, and local governments, including recommendations to:
(a) Design policies to ensure robust competition and maximizing consumer welfare, innovation, and investment;
(b) Ensure efficient allocation and management of assets that government controls or influences, such as poles and rights-of-way, to encourage network upgrades and competitive entry;
(c) Reform current universal service mechanisms to support deployment in high-cost areas; ensuring that low-income Americans can afford broadband; and supporting efforts to boost adoption and utilization; and
(d) Reform laws, policies, standards, and incentives to maximize the benefits of broadband in sectors that government influences significantly, such as public education, health care, and government operations;
(2) The federal communications commission has also adopted a goal that all of the country's households have affordable access to actual download speeds of at least twenty-five megabits per second and actual upload speeds of at least three megabits per second; that a majority of households have access to speeds of one hundred fifty megabits, respectively; and that every community should have affordable access to at least one gigabit per second broadband service to anchor institutions such as schools, hospitals, and government buildings;
(3) These national goals are presently appropriate for Washington state, and recognizes that as technology advances the goals will require changes over time;
(4) Extensive investments have been made by the telecommunications industry and the public sector, as well as policies and programs adopted to provide affordable broadband services throughout the state, that will provide a foundation to build a comprehensive statewide framework for additional actions needed to advance state's broadband goals.
NEW SECTION. Sec. 2. A new section is added to chapter 43.105 RCW to read as follows:
The definitions in this section apply throughout sections 3, 4, and 6 of this act unless the context clearly requires otherwise.
(1) "Broadband" means networks of deployed telecommunications equipment and technologies necessary to provide high-speed internet access and other advanced telecommunications services.
(2) "Local governments" includes cities, towns, counties, municipal corporations, public port districts, quasi-municipal corporations, and special purpose districts.
(3) "Office" means the governor's office on broadband access.
(4) "Underserved areas" means areas lacking actual download speeds of at least twenty-five megabits per second and actual upload speeds of at least three megabits per second.
(5) "Unserved areas" means areas without access to broadband.
NEW SECTION. Sec. 3. A new section is added to chapter 43.105 RCW to read as follows:
(1) The governor's office on broadband access is created within the consolidated technology services agency. The mission of the office is to improve economic vitality, health care access, and education through greater access to broadband services.
(2) The office, in collaboration with the utilities and transportation commission, the department of commerce, the state librarian, and the community economic revitalization board, shall serve as the coordinating body for public and private efforts to ensure statewide broadband access and deployment. The office is responsible for all matters regarding the adoption of statewide broadband access and deployment.
(3) The duties of the office include:
(a) Coordinating with local governments, communities, public and private entities, and consumer-owned and investor-owned utilities to develop strategies and plans for deployment of broadband infrastructure and access to broadband services;
(b) Reviewing existing broadband initiatives, policies, and public and private investments;
(c) Taking comprehensive actions to advance the state's broadband access goals;
(d) Updating the state's goals and standards for broadband service as technological advances become available;
(e) Identifying, on an annual basis, unserved and underserved areas of the state;
(f) Implementing actions necessary to develop and maintain a detailed inventory of the deployment of broadband services, including monitoring and tracking the availability of broadband services and internet speeds across the state, with an emphasis upon identifying and assessing progress made towards achieving the goals for internet speeds in unserved and underserved areas;
(g) Developing standards for defining levels of service for broadband access, including unserved and underserved areas, and revising these standards as technological advances are made and services are expanded;
(h) Fostering public sector and telecommunications industry actions to bring sustainable broadband access to areas that are unserved or underserved;
(i) Prioritizing and sequencing delivery of quality broadband service to unserved and underserved areas of the state; and
(j) Coordinating public, private, state, and federal funds or other funds, for deployment of broadband services in underserved and unserved areas of the state.
(4) When developing plans or strategies for broadband deployment, the office must consider:
(a) Partnerships between communities, tribes, nonprofit organizations, consumer-owned and investor-owned utilities, and public and private entities;
(b) Funding opportunities that provide for the coordination of public, private, state, and federal funds for the purposes of making broadband-capable infrastructure or broadband services available to underserved or unserved areas of the state;
(c) Barriers to the adoption of broadband service;
(d) Unserved or underserved populations in the state; and
(e) Requiring minimum broadband access service of twenty-five mbps download speed and three mbps upload speed and faster speeds as technology advances.
(5) The office must submit a report to the governor and the economic development committees of the senate and the house of representatives by December 1, 2019, detailing:
(a) A broadband strategy to bring broadband service at minimum download speeds of twenty-five megabits and upload speeds of three megabits to all of Washington by 2025 that includes:
(i) Recommendations for policy changes to advance the strategy; and
(ii) A framework for how future funding could be spent to advance the strategy;
(b) Progress on the broadband strategy;
(c) Ongoing and future funding options for the broadband strategy that would achieve the service goals at the lowest cost to the state, including:
(i) A reverse auction approach that awards funding to the lowest private, public, or tribal broadband provider bidder, or to a partnership consisting of two or more of those entities;
(ii) Expansion of broadband infrastructure loans or grants by the community economic revitalization board; and
(iii) Other funding models that would incorporate merit-based qualifications and consider project viability;
(d) A study of the taxes imposed on the capital costs associated with providing retail broadband service, including taxes paid under chapters 82.08 and 82.12 RCW, including an examination of the impact to broadband deployment if a credit is provided against taxes paid under chapters 82.08 and 82.12 RCW on the capital costs associated with providing retail broadband service telecommunications network transmission equipment located in an underserved area in the state; and
(e) Other information as the office deems necessary.
NEW SECTION. Sec. 4. A new section is added to chapter 43.105 RCW to read as follows:
(1) The office may take all appropriate steps to seek federal funding in order to maximize investment in broadband deployment and adoption in the state.
(2) The office may apply for federal funds and other grants or donations and must deposit the funds in the broadband access account created in section 8 of this act.
NEW SECTION. Sec. 5. FOR THE BROADBAND ACCESS ACCOUNT. (1) During the 2017-2019 fiscal biennium, the treasurer must transfer the sum of $75,000,000, from the budget stabilization account to the broadband access account created in section 8 of this act.
(2) For the 2017-2019 fiscal biennium, the sum of $500,000 is appropriated from the broadband access account created in section 8 of this act to the consolidated technology services agency. The amount is provided solely for the purposes of development of a broadband strategy and report described in sections 3 and 6 of this act. For the purposes of RCW 43.88.055(4), the appropriation in this section does not alter the requirement to balance in the ensuing biennia.
NEW SECTION. Sec. 6. A new section is added to chapter 43.105 RCW to read as follows:
(1) The office may convene an advisory group to make recommendations on developing a statewide rural broadband strategy to ensure broadband access statewide by January 1, 2026. The advisory committee must conduct a gap analysis on the deployment of broadband services in underserved and unserved areas of the state. The analysis must include a review of:
(a) Deployment of broadband services and deployment strategies by public utility districts, port districts, public and private partnerships, and private entities;
(b) Economic development opportunities that could be realized with access to broadband services; and
(c) Broadband access availability in unserved and underserved areas of the state.
(2) The members of the advisory committee must include experts from the utilities and transportation commission, the state librarian, and the department of commerce. The office may invite, as necessary, subject matter experts to participate in the advisory group.
NEW SECTION. Sec. 7. A new section is added to chapter 82.32 RCW to read as follows:
(1) Beginning January 1, 2019, the department must:
(a) Estimate the annual amount of taxes paid under chapter 82.04 RCW associated with federal funds received by telecommunications service providers for making broadband-capable infrastructure available to unserved or underserved areas of the state;
(b) Instruct the state treasurer to deposit the estimated amounts in (a) of this subsection into the broadband access account created in section 8 of this act.
(2) Beginning December 1, 2018, and by December 1st each subsequent year, a person receiving federal funding for the purposes of making broadband-capable infrastructure available to underserved or unserved areas of the state must notify the department of the amount of federal funding received for this purpose.
NEW SECTION. Sec. 8. A new section is added to chapter 43.105 RCW to read as follows:
(1) The broadband access account is created in the state treasury. All receipts from sections 4 and 7 of this act must be deposited into the account. Moneys in the account may be spent only after appropriation.
(2) Expenditures from the account may be used only for the expansion of broadband access, including funding grants under section 5 of this act.
Sec. 9. RCW 80.36.135 and 2008 c 181 s 414 are each amended to read as follows:
(1) The legislature declares that:
(a) Changes in technology and the structure of the telecommunications industry may produce conditions under which traditional rate of return, rate base regulation of telecommunications companies may not in all cases provide the most efficient and effective means of achieving the public policy goals of this state as declared in RCW 80.36.300, this section, and RCW 80.36.145. The commission should be authorized to employ an alternative form of regulation if that alternative is better suited to achieving those policy goals.
(b) Because of the great diversity in the scope and type of services provided by telecommunications companies, alternative regulatory arrangements that meet the varying circumstances of different companies and their ratepayers may be desirable.
(c) Increasing competition from private and public telecommunications providers may require the modification of obligations arising under RCW 80.36.090 in certain markets.
(2) Subject to the conditions set forth in this chapter and RCW 80.04.130, the commission may regulate telecommunications companies subject to traditional rate of return, rate base regulation by authorizing an alternative form of regulation. The commission may determine the manner and extent of any alternative forms of regulation as may in the public interest be appropriate. In addition to the public policy goals declared in RCW 80.36.300, the commission shall consider, in determining the appropriateness of any proposed alternative form of regulation, whether it will:
(a) Facilitate the broad deployment of technological improvements and advanced telecommunications services to underserved areas or underserved customer classes;
(b) Improve the efficiency of the regulatory process;
(c) Preserve or enhance the development of effective competition and protect against the exercise of market power during its development;
(d) Preserve or enhance service quality and protect against the degradation of the quality or availability of efficient telecommunications services;
(e) Provide for rates and charges that are fair, just, reasonable, sufficient, and not unduly discriminatory or preferential; and
(f) Not unduly or unreasonably prejudice or disadvantage any particular customer class.
(3) A telecommunications company or companies subject to traditional rate of return, rate base regulation may petition the commission to establish an alternative form of regulation. The company or companies shall submit with the petition a plan for an alternative form of regulation. The plan shall contain a proposal for transition to the alternative form of regulation and the proposed duration of the plan. The plan must also contain a proposal for ensuring adequate carrier-to-carrier service quality, including service quality standards or performance measures for interconnection, and appropriate enforcement or remedial provisions in the event the company fails to meet service quality standards or performance measures. The commission also may initiate consideration of alternative forms of regulation for a company or companies on its own motion. The commission, after notice and hearing, shall issue an order accepting, modifying, or rejecting the plan within nine months after the petition or motion is filed, unless extended by the commission for good cause. The commission shall order implementation of the alternative plan of regulation unless it finds that, on balance, an alternative plan as proposed or modified fails to meet the considerations stated in subsection (2) of this section.
(4) Not later than sixty days from the entry of the commission's order, the company or companies affected by the order may file with the commission an election not to proceed with the alternative form of regulation as authorized by the commission.
(5) The commission may waive such regulatory requirements under Title 80 RCW for a telecommunications company subject to an alternative form of regulation as may be appropriate to facilitate the implementation of this section. However, the commission may not waive any grant of legal rights to any person contained in this chapter and chapter 80.04 RCW. The commission may waive different regulatory requirements for different companies or services if such different treatment is in the public interest.
(6) Upon petition by the company, and after notice and hearing, the commission may rescind or modify an alternative form of regulation in the manner requested by the company.
(7) The commission or any person may file a complaint under RCW 80.04.110 alleging that a telecommunications company under an alternative form of regulation has not complied with the terms and conditions set forth in the alternative form of regulation. The complainant shall bear the burden of proving the allegations in the complaint.
(8) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the operation or enforcement of this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population.
Sec. 10. RCW 80.36.630 and 2013 2nd sp.s. c 8 s 202 are each amended to read as follows:
(1) The definitions in this section apply throughout this section and RCW 80.36.650 through 80.36.690 and 80.36.610 unless the context clearly requires otherwise.
(a) "Basic residential service" means those services set out in 47 C.F.R. Sec. 54.101(a) (2011) and mandatory extended area service approved by the commission.
(b) "Basic telecommunications services" means the following services:
(i) Single-party service;
(ii) Voice grade access to the public switched network;
(iii) Support for local usage;
(iv) Dual tone multifrequency signaling (touch-tone);
(v) Access to emergency services (911);
(vi) Access to operator services;
(vii) Access to interexchange services;
(viii) Access to directory assistance; and
(ix) Toll limitation services.
(c) "Communications provider" means a provider of communications services that assigns a working telephone number to a final consumer for intrastate wireline or wireless communications services or interconnected voice over internet protocol service, and includes local exchange carriers.
(d) "Communications services" includes telecommunications services and information services and any combination thereof.
(e) "Incumbent local exchange carrier" has the same meaning as set forth in 47 U.S.C. Sec. 251(h).
(f) "Incumbent public network" means the network established by incumbent local exchange carriers for the delivery of communications services to customers that is used by communications providers for origination or termination of communications services by or to customers.
(g) "Interconnected voice
over internet protocol service" means an interconnected voice over
internet protocol service that: (((a) H:\DATA\2018
JOURNAL\Journal2018\LegDay053\(i).doc)) (i) Enables real-time,
two-way voice communications; (((b) H:\DATA\2018
JOURNAL\Journal2018\LegDay053\(ii).doc)) (ii) requires a
broadband connection from the user's location; (((c) [(iii)])) (iii)
requires internet protocol-compatible customer premises equipment; and (((d)
[(iv)])) (iv) permits users generally to receive calls that
originate on the public network and to terminate calls to the public network.
(h) "Program" means the state universal communications services program created in RCW 80.36.650.
(i) "Telecommunications" has the same meaning as defined in 47 U.S.C. Sec. 153(43).
(j) "Telecommunications act of 1996" means the telecommunications act of 1996 (P.L. 104-104, 110 Stat. 56).
(k) "Working telephone number" means a north American numbering plan telephone number, or successor dialing protocol, that is developed for use in placing calls to or from the public network, that enables a consumer to make or receive calls.
(2) This section expires July 1,
((2020)) 2026.
Sec. 11. RCW 80.36.650 and 2016 c 145 s 1 are each amended to read as follows:
(1) A state universal
communications services program is established. The program is established to
protect public safety and welfare under the authority of the state to regulate
telecommunications under Article XII, section 19 of the state Constitution. The
purpose of the program is to support continued provision of basic
telecommunications services under rates, terms, and conditions established by
the commission ((during the time over which incumbent communications
providers in the state are adapting to changes in federal universal service
fund and intercarrier compensation support)) and the provision,
enhancement, and maintenance of broadband services, recognizing that the
incumbent public network functions to provide all communications services
including, but not limited to, voice and broadband services.
(2) Under the program, eligible communications providers may receive distributions from the universal communications services account created in RCW 80.36.690 in exchange for the affirmative agreement to provide continued telecommunications services under the rates, terms, and conditions established by the commission under this chapter and broadband services for the period covered by the distribution. The commission must implement and administer the program under terms and conditions established in RCW 80.36.630 through 80.36.690. Expenditures for the program may not exceed five million dollars per fiscal year; provided, however, that if less than five million dollars is expended in any fiscal year, the unexpended portion must be carried over to subsequent fiscal years and, unless fully expended, must be available for program expenditures in such subsequent fiscal years in addition to the five million dollars allotted for each of those subsequent fiscal years.
(3) Before July 1, 2022, a communications provider is eligible to receive distributions from the account if:
(a) The communications provider is: (i) An incumbent local exchange carrier serving fewer than forty thousand access lines in the state; or (ii) a radio communications service company providing wireless two-way voice communications service and broadband services to less than the equivalent of forty thousand access lines in the state. For purposes of determining the access line threshold in this subsection, the access lines or equivalents of all wireline affiliates must be counted as a single threshold, if the lines or equivalents are located in Washington;
(b) The ((customers of the
communications provider are at risk of rate instability or service
interruptions or cessations absent a distribution to the provider that will
allow the provider to maintain rates reasonably close to the benchmark)) communications
provider has adopted a plan to provide, enhance, or maintain broadband service
in its service area; and
(c) The communications provider meets any other requirements established by the commission pertaining to the provision of communications services, including basic telecommunications services.
(4) Beginning July 1, 2022, the commission must determine eligibility for distributions from the account using a competitive, market-based assessment of a communications provider's ability to provide voice and broadband services to the greatest number of consumers within a defined service area. The assessment must be technology-neutral in considering the level of service provided.
(5)(a) Distributions to eligible communications
providers are based on ((a benchmark established by the commission. The
benchmark is the rate the commission determines to be a reasonable amount
customers should pay for basic residential service provided over the incumbent
public network. However, if an incumbent local exchange carrier is charging
rates above the benchmark for the basic residential service, that provider may
not seek distributions from the fund for the purpose of reducing those rates to
the benchmark)) criteria established by the commission.
(b) If the program does not have sufficient funds to fully fund the distribution formula set out in (a) of this subsection, distributions must be reduced on a pro rata basis using the amounts calculated for that year's program support as the basis of the pro rata calculations.
(c) To receive a distribution under the program, an eligible communications provider must affirmatively consent to continue providing communications services to its customers under rates, terms, and conditions established by the commission pursuant to this chapter for the period covered by the distribution.
(((5))) (6) The
program is funded from amounts deposited by the legislature in the universal
communications services account established in RCW 80.36.690. The commission
must operate the program within amounts appropriated for this purpose and
deposited in the account.
(((6))) (7) The
commission must periodically review the accounts and records of any
communications provider that receives distributions under the program to ensure
compliance with the program and monitor the providers' use of the funds.
(((7) The commission must
establish an advisory board, consisting of a reasonable balance of
representatives from different types of communications providers and consumers,
to advise the commission on any rules and policies governing the operation of
the program.))
(8) The program terminates on
June 30, ((2019)) 2025, and no distributions may be made after
that date.
(9) This section expires July 1,
((2020)) 2026.
Sec. 12. RCW 80.36.690 and 2013 2nd sp.s. c 8 s 208 are each amended to read as follows:
(1) The universal communications services account is created in the custody of the state treasurer. Revenues to the account consist of moneys deposited in the account by the legislature and any penalties or other recoveries received pursuant to RCW 80.36.670. Expenditures from the account may be used only for the purposes of the universal communications services program established in RCW 80.36.650 and commission expenses related to implementation and administration of the provisions of RCW 80.36.620 through 80.36.690, section 212, chapter 8, Laws of 2013 2nd sp. sess., and section 13, chapter . . ., Laws of 2018 (section 13 of this act). Only the secretary of the commission or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) This section expires July 1,
((2020)) 2026.
Sec. 13. 2013 2nd sp.s. c 8 s 212 (uncodified) is amended to read as follows:
By December 1, ((2017)) 2021,
and in compliance with RCW 43.01.036, the Washington utilities and
transportation commission must report to the appropriate committees of the
legislature, on the following: (1) Whether funding levels for each small
telecommunications company have been adequate to maintain reliable universal
service; (2) the future impacts on small telecommunications companies from the
elimination of funding under this act; (3) the impacts on customer rates from
the current level of funding and the future impacts when the funding terminates
under this act; and (4) the impacts on line and service delivery investments
when the funding is terminated under this act. The report must also include
an analysis of the need for future program funding and recommendations on
potential funding mechanisms to improve availability of communications
services, including broadband service, in unserved and underserved areas.
Utilities and transportation commission expenses related to conducting all
analysis in preparation of this report must be expended from the universal
communications services account.
Sec. 14. RCW 80.36.660 and 2013 2nd sp.s. c 8 s 204 are each amended to read as follows:
(1) To implement the program, the commission must adopt rules for the following purposes:
(a) Operation of the program, including criteria for: Eligibility for distributions; use of the funds; identification of any reports or data that must be filed with the commission, including, but not limited to, how a communication provider used the distributed funds; and the communications provider's infrastructure;
(b) Operation of the universal communications services account established in RCW 80.36.690; and
(c) Establishment of the ((benchmark))
formula used to calculate distributions((; and
(d) Readoption, amendment, or
repeal of any existing rules adopted pursuant to RCW 80.36.610 and 80.36.620 as
necessary to be consistent with RCW 80.36.630 through 80.36.690 and 80.36.610)).
(2) This section expires July 1,
((2020)) 2026.
Sec. 15. RCW 80.36.670 and 2013 2nd sp.s. c 8 s 205 are each amended to read as follows:
(1) In addition to any other penalties prescribed by law, the commission may impose penalties for failure to make or delays in making or filing any reports required by the commission for administration of the program. In addition, the commission may recover amounts determined to have been improperly distributed under RCW 80.36.650. For the purposes of this section, the provisions of RCW 80.04.380 through 80.04.405, inclusive, apply to all companies that receive support from the universal communications services account created in RCW 80.36.690.
(2) Any action taken under this section must be taken only after providing the affected communications provider with notice and an opportunity for a hearing, unless otherwise provided by law.
(3) Any amounts recovered under this section must be deposited in the universal communications services account created in RCW 80.36.690.
(4) This section expires July 1,
((2020)) 2026.
Sec. 16. RCW 80.36.680 and 2013 2nd sp.s. c 8 s 206 are each amended to read as follows:
(1) The commission may delegate to the commission secretary or other staff the authority to resolve disputes and make other administrative decisions necessary to the administration and supervision of the program consistent with the relevant statutes and commission rules.
(2) This section expires July 1,
((2020)) 2026.
Sec. 17. RCW 80.36.700 and 2013 2nd sp.s. c 8 s 211 are each amended to read as follows:
(1) The universal communications
services program established in RCW 80.36.630 through 80.36.690 terminates ((on))
June 30, ((2019)) 2025.
(2) This section expires July 1,
((2020)) 2026.
NEW SECTION. Sec. 18. The following acts or parts of acts are each repealed:
(1)RCW 43.330.400 (Broadband mapping account—Federal broadband data improvement act funding—Coordination of broadband mapping activities) and 2011 1st sp.s. c 43 s 603 & 2009 c 509 s 2;
(2)RCW 43.330.403 (Reporting availability of high-speed internet—Survey of high-speed internet infrastructure owned or leased by state agencies—Geographic information system map—Rules) and 2011 1st sp.s. c 43 s 604 & 2009 c 509 s 3;
(3)RCW 43.330.406 (Procurement of geographic information system map—Accountability and oversight structure—Application of public records act) and 2011 1st sp.s. c 43 s 605 & 2009 c 509 s 4;
(4)RCW 43.330.409 (Broadband mapping, deployment, and adoption—Reports) and 2011 1st sp.s. c 43 s 606 & 2009 c 509 s 5;
(5)RCW 43.330.412 (Community technology opportunity program—Administration—Grant program) and 2011 1st sp.s. c 43 s 607, 2009 c 509 s 6, & 2008 c 262 s 6;
(6)RCW 43.330.415 (Washington community technology opportunity account) and 2011 1st sp.s. c 43 s 608, 2009 c 509 s 8, & 2008 c 262 s 8;
(7)RCW 43.330.418 (Broadband deployment and adoption—Governor's actions—Oversight and implementation by the department) and 2011 1st sp.s. c 43 s 609 & 2009 c 509 s 9; and
(8)RCW 43.330.421 (Advisory group on digital inclusion and technology planning) and 2011 1st sp.s. c 43 s 610 & 2009 c 509 s 10."
Correct the title.
Signed by Representatives Morris, Chair; Kloba, Vice Chair; Tarleton, Vice Chair; Smith, Ranking Minority Member; Doglio; Fey; Harmsworth; Hudgins; Manweller; McDonald; Nealey; Santos; Slatter; Steele and Wylie.
Referred to Committee on Appropriations.
March 1, 2018
ESSB 6187 Prime Sponsor, Committee on Energy, Environment & Technology: Concerning the electrification of transportation. Reported by Committee on Technology & Economic Development
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Programs for electrification of transportation have the potential to allow electric utilities to optimize the use of electric distribution infrastructure, improve the management of electric loads, and better manage the integration of variable renewable energy resources. The legislature finds that, depending upon each utility's unique circumstances, electrification of transportation programs may provide cost-effective energy efficiency or defer capital investment needed to accommodate unmanaged variable electricity supply and demand. Electrification of transportation may result in cost savings and system benefits for all ratepayers.
(2) State policy can achieve the greatest return on investment in reducing greenhouse gas emissions and improving air quality by expediting the transition to alternative fuel vehicles, including electric vehicles. Potential benefits associated with electrification of transportation include the monetization of environmental attributes associated with carbon reduction in the transportation sector.
NEW SECTION. Sec. 2. A new section is added to chapter 35.92 RCW to read as follows:
(1) The governing authority of an electric utility formed under this chapter may adopt a transportation electrification plan that, at a minimum, establishes a finding that: (a) If the electric utility is acquiring new resources as indicated in its most recent plan developed pursuant to chapter 19.280 RCW, utility outreach and investment in the electrification of transportation infrastructure is cost-effective, as determined using a methodology that assesses both the expected system benefits and expected costs to ratepayers served by the utility on the distribution system; or (b) if the electric utility is not acquiring new resources as indicated in its most recent plan developed pursuant to chapter 19.280 RCW, utility outreach and investment in the electrification of transportation infrastructure is cost-effective, as determined using a methodology that assesses both the expected system benefits and expected costs to ratepayers served by the utility on the distribution system and long-term contracted wholesale electricity supply that will result in a greater ratepayer benefit than the individual benefit from the program cost.
(2) In adopting a transportation electrification plan under subsection (1) of this section, the governing authority may consider some or all of the following: (a) The applicability of multiple options for electrification of transportation across all customer classes; (b) the impact of electrification on the utility's distribution load, and whether demand response or other load management opportunities, including direct load control and dynamic pricing, are operationally appropriate; (c) system reliability and distribution system efficiencies; (d) interoperability concerns, including the interoperability of hardware and software systems in electrification of transportation proposals; and (e) overall customer experience.
(3) The governing authority of an electric utility formed under this chapter may, upon making a cost-effectiveness determination in accordance with subsection (1) of this section, offer programs in the electrification of transportation for its customers, including advertising programs to promote the utility's or third-party services, incentives, or rebates.
(4) For the purposes of this section, "system benefit" means a situation where financial, reliability, and quality benefits of the electrification of transportation are conferred equally among all ratepayers on the distribution system or among the utility's resource generation portfolio.
(5) For the purposes of this section, "distribution system" means all of the distribution lines, substations, switches, and other distribution hardware contiguously connected at voltages below ninety kilovolts that are owned and operated by a single utility.
NEW SECTION. Sec. 3. A new section is added to chapter 54.16 RCW to read as follows:
(1) The commission of a public utility district may adopt a transportation electrification plan that, at a minimum, establishes a finding that: (a) If the district is acquiring new resources as indicated in its most recent plan developed pursuant to chapter 19.280 RCW, district outreach and investment in the electrification of transportation infrastructure is cost-effective, as determined using a methodology that assesses both the expected system benefits and expected costs to ratepayers served by the district on the distribution system; or (b) if the district is not acquiring new resources as indicated in its most recent plan developed pursuant to chapter 19.280 RCW, district outreach and investment in the electrification of transportation infrastructure is cost-effective, as determined using a methodology that assesses both the expected system benefits and expected costs to ratepayers served by the utility on the distribution system and long-term contracted wholesale electricity supply that will result in a greater ratepayer benefit than the individual benefit from the program cost.
(2) In adopting a transportation electrification plan under subsection (1) of this section, the commission may consider some or all of the following: (a) The applicability of multiple options for electrification of transportation across all customer classes; (b) the impact of electrification on the district's distribution load, and whether demand response or other load management opportunities, including direct load control and dynamic pricing, are operationally appropriate; (c) system reliability and distribution system efficiencies; (d) interoperability concerns, including the interoperability of hardware and software systems in electrification of transportation proposals; and (e) overall customer experience.
(3) The commission of a public utility district may, upon making a cost-effectiveness determination in accordance with subsection (1) of this section, offer programs in the electrification of transportation for its customers, including advertising programs to promote the district's or third-party services, incentives, or rebates.
(4) For the purposes of this section, "system benefit" means a situation where financial, reliability, and quality benefits of the electrification of transportation are conferred equally among all ratepayers on the distribution system or among the utility's resource generation portfolio.
(5) For the purposes of this section, "distribution system" means all of the distribution lines, substations, switches, and other distribution hardware contiguously connected at voltages below ninety kilovolts that are owned and operated by a single utility.
NEW SECTION. Sec. 4. (1) The department of commerce, subject to availability of amounts appropriated for this specific purpose, shall arrange for a study of utility capital expenditures projected to be driven by growth in distributed resources, including photovoltaic systems, electric vehicles, and any other customer-owned technologies identified as likely to cause a shift in capital expenditures. The study must survey each of the state's utilities and must include a low and high adoption scenario for each resource.
(2) If specific funding for the purposes of this section, referencing this section by bill or chapter number and section number, is not provided by June 30, 2018, in the omnibus appropriations act, this section is null and void."
Correct the title.
Signed by Representatives Morris, Chair; Kloba, Vice Chair; Tarleton, Vice Chair; Smith, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Doglio; Fey; Harmsworth; Hudgins; Manweller; McDonald; Nealey; Santos; Slatter; Steele and Wylie.
There being no objection, the bills, memorials and resolutions listed on the day’s committee reports under the fifth order of business were referred to the committees so designated with the exception of ENGROSSED SUBSTITUTE SENATE BILL NO. 6187 which was placed on the second reading calendar.
There being no objection, the House advanced to the eighth order of business.
MOTIONS
There being no objection, the Committee on Appropriations was relieved of the following bills and the bills were placed on the second reading calendar:
SUBSTITUTE SENATE BILL NO. 6544
ENGROSSED SENATE BILL NO. 6213
There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the second reading calendar:
THIRD SUBSTITUTE SENATE BILL NO. 5576
ENGROSSED SUBSTITUTE SENATE BILL NO. 6034
SENATE BILL NO. 6093
SENATE BILL NO. 6134
SUBSTITUTE SENATE BILL NO. 6142
SECOND SUBSTITUTE SENATE BILL NO. 6236
SUBSTITUTE SENATE BILL NO. 6251
SENATE BILL NO. 6393
There being no objection, the House adjourned until 9:30 a.m., March 2, 2018, the 54 Day of the Regular Session.
FRANK CHOPP, Speaker
BERNARD DEAN, Chief Clerk
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Second Reading............................................................. 30
Amendment Offered............................................... 30, 31
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HOUSE OF REPRESENTATIVES (Representative Lovick presiding)
Point of Order
Representative Tarleton
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HOUSE OF REPRESENTATIVES (Representative Orwall presiding)
Statement for the Journal Representative McCaslin..... 6
SPEAKER OF THE HOUSE (Representative Lovick presiding)
Speaker’s Ruling
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SPEAKER OF THE HOUSE (Representative Lovick presiding)
Speaker’s Privilege....................................................... 19
Speaker’s Ruling
Representative Lovick presiding............................. 15, 19