EIGHTEENTH DAY

 


NOON SESSION

Senate Chamber, Olympia

Thursday, January 25, 2018

 

The Senate was called to order at 12:00 o’clock noon by the President Pro Tempore of the Senate, Senator Keiser presiding. No roll call was taken.

 

MOTION

 

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

 

MOTION

 

Pursuant to Rule 46, on motion of Senator Liias, and without objection, the Committee on Energy, Environment & Technology was granted special leave to meet during the day’s session.

 

MOTION

 

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

 

REPORTS OF STANDING COMMITTEES

 

January 24, 2018

SB 5102 Prime Sponsor, Senator Rivers: Clarifying residency requirements for licensed marijuana businesses.  Reported by Committee on Labor & Commerce

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5102 be substituted therefor, and the substitute bill do pass.  Signed by Senators Keiser, Chair; Conway; King; Kuderer and Saldaña.

 

MINORITY recommendation:  Do not pass.  Signed by Senator Hasegawa, Vice Chair.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Braun and Wilson.

 

Referred to Committee on Ways & Means.

 

January 24, 2018

SB 5818 Prime Sponsor, Senator Saldaña: Providing public assistance to certain victims of human trafficking.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  Do pass.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt; Miloscia and Walsh.

 

Referred to Committee on Ways & Means.

 

January 24, 2018

SB 5993 Prime Sponsor, Senator Keiser: Modifying collective bargaining law to authorize providing additional compensation to academic employees at community and technical colleges.  Reported by Committee on Labor & Commerce

 

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

 

MINORITY recommendation:  Do not pass.  Signed by Senators Braun; King and Wilson.

 

Referred to Committee on Ways & Means.

 

January 24, 2018

SB 6007 Prime Sponsor, Senator Takko: Extending the expiration date of the public utility tax exemption for certain electrolytic processing businesses.  Reported by Committee on Energy, Environment & Technology

 

MAJORITY recommendation:  Do pass.  Signed by Senators Carlyle, Chair; Palumbo, Vice Chair; Ericksen, Ranking Member; Brown; Hawkins; Hobbs; McCoy; Ranker; Sheldon and Wellman.

 

Referred to Committee on Ways & Means.

 

January 23, 2018

SB 6022 Prime Sponsor, Senator Rolfes: Concerning contractor bonding requirements for public transportation benefit areas and passenger-only ferry service districts.  Reported by Committee on Transportation

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6022 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hobbs, Chair; Saldaña, Vice Chair; King, Ranking Member; Chase; Cleveland; Dhingra; Fortunato; Liias; McCoy; O’Ban; Sheldon; Takko; Wellman and Zeiger.

 

Referred to Committee on Rules for second reading.

 

January 23, 2018

SB 6066 Prime Sponsor, Senator Liias: Exempting tow truck operators using the telephone call functionality of a wireless communications device from traffic infractions.  Reported by Committee on Transportation

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6066 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hobbs, Chair; Saldaña, Vice Chair; King, Ranking Member; Cleveland; Fortunato; Liias; O’Ban; Sheldon; Takko and Zeiger.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Chase; Dhingra and Wellman.

 

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

 

Referred to Committee on Rules for second reading.

 

January 23, 2018

SB 6070 Prime Sponsor, Senator Fortunato: Establishing permissible methods of parking a motorcycle.  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass.  Signed by Senators Hobbs, Chair; Saldaña, Vice Chair; King, Ranking Member; Chase; Cleveland; Dhingra; Fortunato; McCoy; O’Ban; Sheldon; Takko; Wellman and Zeiger.

 

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

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SB 6116 Prime Sponsor, Senator Darneille: Modifying eligibility and benefits under certain economic services programs.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6116 be substituted therefor, and the substitute bill do pass.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt and Walsh.

 

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

 

Referred to Committee on Ways & Means.

 

January 24, 2018

SB 6117 Prime Sponsor, Senator Darneille: Revising conditions under which juvenile court records may be sealed.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6117 be substituted therefor, and the substitute bill do pass.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt; Miloscia and Walsh.

 

Referred to Committee on Rules for second reading.

 

January 23, 2018

SB 6118 Prime Sponsor, Senator Wilson: Concerning the membership of the Interstate 5 Columbia river bridge project joint legislative action committee.  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass.  Signed by Senators Hobbs, Chair; King, Ranking Member; Cleveland; Fortunato; Liias; O’Ban; Sheldon; Takko; Wellman and Zeiger.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Chase and McCoy.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Saldaña, Vice Chair and Dhingra.

 

Referred to Committee on Rules for second reading.

 

January 23, 2018

SB 6121 Prime Sponsor, Senator Honeyford: Siting of institutions of higher education and accompanying facilities.  Reported by Committee on Local Government

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6121 be substituted therefor, and the substitute bill do pass.  Signed by Senators Takko, Chair; Palumbo, Vice Chair; Short, Ranking Member and Angel.

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SB 6160 Prime Sponsor, Senator Kuderer: Revising conditions under which a person is subject to exclusive adult jurisdiction and extending juvenile court jurisdiction over serious cases to age twenty-five.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6160 be substituted therefor, and the substitute bill do pass.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; Carlyle; Frockt; Miloscia and Walsh.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senator O’Ban, Ranking Member.

 

Referred to Committee on Ways & Means.

 

January 24, 2018

SB 6192 Prime Sponsor, Senator Hunt: Computing the rate of vacation leave accrual for employees formerly employed by a school district.  Reported by Committee on State Government, Tribal Relations & Elections

 

MAJORITY recommendation:  Do pass.  Signed by Senators Hunt, Chair; Kuderer, Vice Chair; Miloscia, Ranking Member; Saldaña and Zeiger.

 

Referred to Committee on Ways & Means.

 

January 23, 2018

SB 6205 Prime Sponsor, Senator Cleveland: Requiring property sold in tax lien foreclosure proceedings to be sold as is.  Reported by Committee on Local Government

 

MAJORITY recommendation:  Do pass.  Signed by Senators Takko, Chair; Palumbo, Vice Chair; Short, Ranking Member; Angel and Liias.

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SB 6213 Prime Sponsor, Senator Ranker: Addressing the presumption of occupational disease for purposes of workers’ compensation by adding medical conditions to the presumption and extending the presumption to certain publicly employed firefighters and investigators and law enforcement.  Reported by Committee on Labor & Commerce

 

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

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Braun; King and Wilson.

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SB 6214 Prime Sponsor, Senator Conway: Allowing industrial insurance coverage for posttraumatic stress disorders of law enforcement and firefighters.  Reported by Committee on Labor & Commerce

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6214 be substituted therefor, and the substitute bill do pass.  Signed by Senators Keiser, Chair; Hasegawa, Vice Chair; Conway; Kuderer and Saldaña.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Braun; King and Wilson.

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SB 6252 Prime Sponsor, Senator King: Extending the validity of temporary elevator licenses.  Reported by Committee on Labor & Commerce

 

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

 

Referred to Committee on Rules for second reading.

 

January 23, 2018

SB 6258 Prime Sponsor, Senator Conway: Concerning the compensation of commissioners of certain metropolitan park districts.  Reported by Committee on Local Government

 

MAJORITY recommendation:  Do pass.  Signed by Senators Takko, Chair; Palumbo, Vice Chair; Short, Ranking Member; Angel and Liias.

 

Referred to Committee on Rules for second reading.

 

January 23, 2018

SB 6271 Prime Sponsor, Senator Takko: Concerning the administration of irrigation districts.  Reported by Committee on Local Government

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6271 be substituted therefor, and the substitute bill do pass.  Signed by Senators Takko, Chair; Palumbo, Vice Chair; Short, Ranking Member; Angel and Liias.

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SB 6287 Prime Sponsor, Senator Darneille: Making technical changes regarding the department of children, youth, and families.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  Do pass.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt; Miloscia and Walsh.

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SB 6309 Prime Sponsor, Senator Darneille: Extending the timeline for completing a family assessment response.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  Do pass.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt; Miloscia and Walsh.

 

Referred to Committee on Ways & Means.

 

January 24, 2018

SB 6332 Prime Sponsor, Senator Fortunato: Reestablishing the productivity board.  Reported by Committee on State Government, Tribal Relations & Elections

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6332 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hunt, Chair; Kuderer, Vice Chair; Miloscia, Ranking Member; Saldaña and Zeiger.

 

Referred to Committee on Ways & Means.

 

January 24, 2018

SB 6343 Prime Sponsor, Senator Brown: Establishing the healthy energy workers task force.  Reported by Committee on Labor & Commerce

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6343 be substituted therefor, and the substitute bill do pass.  Signed by Senators Keiser, Chair; Hasegawa, Vice Chair; Braun; Conway; King; Kuderer; Saldaña and Wilson.

 

Referred to Committee on Rules for second reading.

 

January 23, 2018

SB 6379 Prime Sponsor, Senator Fain: Requiring a public hearing before a local government may remove a recorded restrictive covenant from land owned by the local government.  Reported by Committee on Local Government

 

MAJORITY recommendation:  Do pass.  Signed by Senators Takko, Chair; Palumbo, Vice Chair; Short, Ranking Member; Angel and Liias.

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SB 6407 Prime Sponsor, Senator Darneille: Concerning private case management of child welfare services.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  Do pass.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt; Miloscia and Walsh.

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SB 6452 Prime Sponsor, Senator Brown: Expanding the activities of the children’s mental health services consultation program.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  Do pass.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt; Miloscia and Walsh.

 

Referred to Committee on Ways & Means.

 

January 24, 2018

SB 6503 Prime Sponsor, Senator Dhingra: Implementing child support pass-through payments.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  Do pass.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt and Walsh.

 

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

 

Referred to Committee on Ways & Means.

 

January 24, 2018

SGA 9026              LOU OMA DURAND, appointed on August 1, 2013, for the term ending at the goverernors pleasure, as Director of the Department of Services for the Blind.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt; Miloscia and Walsh.

 

Referred to Committee on Rules for second reading.

 

January 24, 2018

SGA 9340              ROSS HUNTER, appointed on July 6, 2017, for the term ending at the goverernors pleasure, as Secretary of the Department of Children, Youth, and Families.  Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators Darneille, Chair; Dhingra, Vice Chair; O’Ban, Ranking Member; Carlyle; Frockt; Miloscia and Walsh.

 

Referred to Committee on Rules for second reading.

 

MOTIONS

 

On motion of Liias, all measures listed on the Standing Committee report were referred to the committees as designated with the exceptions of Senate Bill No. 5102, Senate Bill No. 6007, and Senate Bill No. 6192 which had been designated to the Committee on Rules and were referred to the Committee on Ways & Means and Senate Bill No. 6407 which had been designated to the Committee on Ways & Means and was referred to the Committee on Rules.

 

On motion of Senator Liias and without objection, Senate Bill No. 6072 and Senate Bill No. 6143 were removed from the second reading consent calendar and placed on the second reading regular calendar.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

January 24, 2018

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1058,

HOUSE BILL NO. 1085,

HOUSE BILL NO. 1095,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1618,

HOUSE BILL NO. 1790,

ENGROSSED HOUSE BILL NO. 1859,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1952,

ENGROSSED HOUSE BILL NO. 2201,

ENGROSSED HOUSE BILL NO. 2332,

and the same are herewith transmitted.

BERNARD DEAN, Chief Clerk

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

 

SB 6556  by Senator Hobbs

AN ACT Relating to the pilot transit pass incentive program; adding a new section to chapter 47.01 RCW; creating a new section; and making an appropriation.

 

Referred to Committee on Transportation.

 

SB 6557  by Senators Mullet, Warnick, Palumbo, Zeiger and O’Ban

AN ACT Relating to sales, use, and excise tax exemptions for self-help housing development; amending RCW 82.45.010; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and declaring an emergency.

 

Referred to Committee on Financial Institutions & Insurance.

 

SB 6558  by Senator Fortunato

AN ACT Relating to providing for a ninety-day study of traffic flow on Interstate 405 by temporarily suspending express toll lanes; creating a new section; providing an expiration date; and declaring an emergency.

 

Referred to Committee on Transportation.

 

SB 6559  by Senator Fortunato

AN ACT Relating to midwife fees; amending RCW 18.50.050 and 18.50.102; adding a new section to chapter 18.50 RCW; and creating a new section.

 

Referred to Committee on Health & Long Term Care.

 

SB 6560  by Senator Darneille

AN ACT Relating to ensuring that no youth is discharged from a public system of care into homelessness; and creating a new section.

 

Referred to Committee on Human Services & Corrections.

 

SB 6561  by Senator Rivers

AN ACT Relating to limiting the underground economy in salon and spa industries; and amending RCW 82.04.360 and 18.16.030.

 

Referred to Committee on Labor & Commerce.

 

SB 6562  by Senators Honeyford, Becker, Bailey, Brown and Wilson

AN ACT Relating to preserving farm and agricultural land; and adding a new section to chapter 36.70A RCW.

 

Referred to Committee on Local Government.

 

SB 6563  by Senators Billig and Carlyle

AN ACT Relating to reestablishing the sustainable aviation biofuels work group; creating a new section; and providing an expiration date.

 

Referred to Committee on Energy, Environment & Technology.

 

SB 6564  by Senators Liias and Kuderer

AN ACT Relating to preserving access to individual market health care coverage throughout Washington state; amending RCW 48.41.200 and 48.41.090; adding a new section to chapter 48.43 RCW; and creating a new section.

 

Referred to Committee on Health & Long Term Care.

 

SJR 8215 by Senators Mullet, Warnick, Van De Wege, Rivers, Wellman, Walsh, Hasegawa, Kuderer and Angel

Proposing an amendment to the Constitution regarding public works assistance funds.

 

Referred to Committee on Ways & Means.

 

MOTION

 

On motion of Senator Liias, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

 

MOTION

 

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

 

MOTION

 

Senator Brown moved adoption of the following resolution:

 

SENATE RESOLUTION

8688

 

By Senator Brown

 

WHEREAS, Kris Watkins is president and chief executive officer of Visit TRI-CITIES, the nonprofit organization that markets Kennewick, Pasco, Richland, and West Richland; and

WHEREAS, Kris Watkins was introduced to the Tri-Cities while working in the field of professional relocation, and later learned the importance of tourism as project manager for the canyon lakes community in Kennewick; and

WHEREAS, In 1994 Kris Watkins assumed the position of president and CEO for what was then known as the Tri-Cities Visitor and Convention Bureau; and

WHEREAS, She was instrumental in establishing such Tri-Cities community gathering places as the Three Rivers Convention Center, the TRAC Center, the REACH Interpretive Center, and a twenty-three mile continuous paved rivershore trail, and in boosting the Tri-Cities economy through increased visitor spending and added tourism-related jobs; and

WHEREAS, Kris Watkins was a key advocate for the 2003 state law that allows for the creation of tourism promotion areas, and has generated millions of dollars for communities across Washington; and

WHEREAS, Her record of leadership includes being a founding member of the Washington State Tourism Commission, and serving on the Washington Tourism Alliance Board of Directors, in addition to working with the Tourism Promotion Program with the Port of Seattle, the Washington State Destination Marketing Organizations Association, and the AG Forestry Leadership Program; and

WHEREAS, Kris Watkins has not only earned the respect of her peers over her twenty-plus years in the Tri-Cities but under her leadership the Tri-Cities Visitor and Convention Bureau received the 2009 Governor’s Smart Communities Award, and she was named the 2004 Washington State Tourism Professional of the Year award among other honors; and

WHEREAS, The self-proclaimed "city girl turned Franklin County farm wife" enjoys golf, traveling, and spending time with her husband, Clark, a retired farmer, and their two children and grandson;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Kris Watkins upon her retirement as a long time champion for the Tri-Cities and for Washington, commend her dedication, leadership and innovative spirit, and recognize her devotion to Kennewick, Pasco, Richland, and West Richland.

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Kris Watkins and to Visit TRI-CITIES.

 

Senators Brown, Schoesler, Chase, Honeyford and Liias spoke in favor of adoption of the resolution.

The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8688.

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

 

MOTION

 

Senator Darneille moved adoption of the following resolution:

 

SENATE RESOLUTION

8689

 

By Senators Darneille, Conway, Nelson, Kuderer, Cleveland, Dhingra, Rolfes, Wellman, Chase, and Saldaña

 

WHEREAS, Judith (Judie) Fortier was born on October 24, 1948, in Tacoma, Washington; she was known as a forceful, giving, and open-hearted woman; and

WHEREAS, Judie was the daughter of a Union organizer and a public school music teacher; and

WHEREAS, Judie grew up in South Tacoma where she attended Arlington Elementary School and was spirited and outspoken from a young age until the end of her days; and

WHEREAS, As a defender of human and women’s rights, Judie became the coordinator in the Women’s Rights Division of the Human Rights Department for the City of Tacoma from 1974 through 2004; and

WHEREAS, Judie Fortier led the women’s movement in Tacoma, and supported women’s movements around the world; and Judie was tireless in her work to advance causes affecting women; and

WHEREAS, Judie Fortier voiced the rallying cry against some of the major challenges of our lives, including domestic violence, harassment, sexual assault, gun violence, the mass deportation policies that rip families apart, sexual exploitation, trafficking, and rape; and

WHEREAS, The women’s movement has changed the course of history; and fierce women like Judie Fortier have been leaders in this constant battle speaking up and speaking out, often unseen and uncelebrated, but none have affected a community like Tacoma quite like Judie has; and

WHEREAS, Judie recognized that 1 in 3 women worldwide have experienced violence in their lifetime and she was committed to raising awareness and changing public policy that affects these women; and

WHEREAS, Judie was a warrior for many causes from health access for all women and girls particularly those affected by breast cancer; economic equality, racial justice, to LGBTQ rights, and was an early advocate for gender equality in Title IX protections and the ratification of the Equal Rights Amendment; and

WHEREAS, Judie once said: "You can’t be what you can’t see," and was dedicated to encouraging the next generation of women leaders; and

WHEREAS, Judie was a mentor who never tired of telling women and girls to recognize their power and challenged them to change the world; she fought for equality in sports, education, business, community and nonprofit leadership, and in public service, especially working to elect women to public office; and

WHEREAS, Judith Fortier passed away on January 5, 2018, leaving an enormous sense of loss among her friends, her neighbors, her community, and the women’s movement in Tacoma and across the country and beyond; and

WHEREAS, In her final tweet on November 29, 2017, Judie Fortier wrote: "Your life is better because of the millions of women who believe in you and the leadership of people like Secretary Clinton, Maya Angelou, Delores Huerta, Ramona Bennett, and others"; and

WHEREAS, Our lives are better because Judie Fortier changed our lives;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate celebrate and honor Judith Fortier the woman, the mentor, the friend; acknowledge her invaluable contributions; and recognize her dedication, tenacity, passion, and sacrifice to give strength to women for generations to come.

 

Senator Darneille spoke in favor of adoption of the resolution.

The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8689.

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

 

MOTION

 

At 12:19 p.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President.

 

EVENING SESSION

 

The Senate was called to order at 6:04 p.m. by President Pro Tempore Keiser.  The Secretary called the roll and announced to the President that all Senators were present.

 

MOTION

 

At 6:05 p.m., on motion of Senator Liias, the Senate was declared to be at ease for the purpose of caucuses.

 

The Senate was called to order at 7:12 p.m. by President Pro Tempore Keiser.

 

MOTION

 

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

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

Senator Hunt moved that David L. Ammons, Senate Gubernatorial Appointment No. 9249, be confirmed as a member of the Public Disclosure Commission.

Senator Hunt spoke in favor of the motion.

 

APPOINTMENT OF DAVID L. AMMONS

 

The President Pro Tempore declared the question before the Senate to be the confirmation of David L. Ammons, Senate Gubernatorial Appointment No. 9249, as a member of the Public Disclosure Commission.

 

The Secretary called the roll on the confirmation of David L. Ammons, Senate Gubernatorial Appointment No. 9249, as a member of the Public Disclosure Commission and the appointment was confirmed by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

 

David L. Ammons, Senate Gubernatorial Appointment No. 9249, having received the constitutional majority was declared confirmed as a member of the Public Disclosure Commission.

 

MOTION

 

Senator Hunt moved that Jack G. Johnson, Senate Gubernatorial Appointment No. 9233, be confirmed as a member of the Public Disclosure Commission.

Senator Hunt spoke in favor of the motion.

 

APPOINTMENT OF JACK G. JOHNSON

 

The President Pro Tempore declared the question before the Senate to be the confirmation of Jack G. Johnson, Senate Gubernatorial Appointment No. 9233, as a member of the Public Disclosure Commission.

 

The Secretary called the roll on the confirmation of Jack G. Johnson, Senate Gubernatorial Appointment No. 9233, as a member of the Public Disclosure Commission and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

Voting nay: Senator Baumgartner

 

Jack G. Johnson, Senate Gubernatorial Appointment No. 9233, having received the constitutional majority was declared confirmed as a member of the Public Disclosure Commission.

 

MOTION

 

Senator Frockt moved that Kathryn Gardow, Senate Gubernatorial Appointment No. 9234, be confirmed as a member of the Recreation and Conservation Funding Board.

Senator Frockt spoke in favor of the motion.

 

APPOINTMENT OF KATHRYN GARDOW

 

The President Pro Tempore declared the question before the Senate to be the confirmation of Kathryn Gardow, Senate Gubernatorial Appointment No. 9234, as a member of the Recreation and Conservation Funding Board.

 

The Secretary called the roll on the confirmation of Kathryn Gardow, Senate Gubernatorial Appointment No. 9234, as a member of the Recreation and Conservation Funding Board and the appointment was confirmed by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

 

Kathryn Gardow, Senate Gubernatorial Appointment No. 9234, having received the constitutional majority was declared confirmed as a member of the Recreation and Conservation Funding Board.

 

MOTION

 

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

 

SECOND READING

 

SENATE BILL NO. 6040, by Senators Pedersen and Padden

 

Addressing meetings under the business corporations act.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Pedersen, the rules were suspended, Senate Bill No. 6040 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6040.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6040 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

 

SENATE BILL NO. 6040, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6057, by Senators Kuderer, Hunt, Zeiger and Takko

 

Concerning the recording standards commission.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Kuderer, the rules were suspended, Senate Bill No. 6057 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The Vice President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6057.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6057 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

Voting nay: Senator Baumgartner

 

SENATE BILL NO. 6057, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6183, by Senators Takko and Angel

 

Regarding foreclosure and distraint sales of manufactured/mobile or park model homes.

 

MOTIONS

 

On motion of Senator Takko, Substitute Senate Bill No. 6183 was substituted for Senate Bill No. 6183 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Takko, the rules were suspended, Substitute Senate Bill No. 6183 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6183.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6183 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

 

SUBSTITUTE SENATE BILL NO. 6183, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 5989, by Senator Padden

 

Concerning small claims court.

 

The measure was read the second time.

 

MOTIONS

 

On motion of Senator Padden, Substitute Senate Bill No. 5989 was substituted for Senate Bill No. 5989 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Padden, the rules were suspended, Substitute Senate Bill No. 5989 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5989.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5989 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

 

SUBSTITUTE SENATE BILL NO. 5989, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6073, by Senator Takko

 

Adjusting assessments levied on hardwood processors.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Takko, the rules were suspended, Senate Bill No. 6073 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6073.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6073 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

Voting nay: Senator Ericksen

 

SENATE BILL NO. 6073, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 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 measure was read the second time.

 

MOTION

 

Senator Becker moved that the following amendment no. 063 by Senator Becker be adopted:

 

On page 2, after line 19, insert the following:

"NEW SECTION.  Sec. 3.  A new section is added to chapter 28B.10 RCW to read as follows:

All teacher preparation programs must include cursive writing as a required competency within their course of study."

On page 1, line 4 of the title, after "requirements" insert "and requiring the study of cursive writing"

On page 1, line 4 of the title, after "28B.10.710;" insert "adding a new section to chapter 28B.10 RCW;"

 

Senator Becker spoke in favor of adoption of the amendment.

Senator McCoy spoke against adoption of the amendment.

The President Pro Tempore declared the question before the Senate to be the adoption of amendment no. 063 by Senator Becker on page 2, after line 19 to Senate Bill No. 5028.

The motion by Senator Becker did not carry and amendment no. 063 was not adopted by voice vote.

 

MOTION

 

On motion of Senator McCoy, the rules were suspended, Senate Bill No. 5028 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator McCoy spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 5028.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 5028 and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

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

Voting nay: Senators Becker, Padden and Wagoner

 

SENATE BILL NO. 5028, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6126, by Senators Saldaña, Hasegawa, Chase, Conway, Zeiger, Keiser and Kuderer

 

Requiring completion of an apprenticeship program to receive a journey level electrician certificate of competency.

 

MOTIONS

 

On motion of Senator Saldaña, Substitute Senate Bill No. 6126 was substituted for Senate Bill No. 6126 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Saldaña, the rules were suspended, Substitute Senate Bill No. 6126 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Saldaña and King spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6126.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6126 and the bill passed the Senate by the following vote:  Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

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

Voting nay: Senators Ericksen, Honeyford, Padden, Schoesler and Short

 

SUBSTITUTE SENATE BILL NO. 6126, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1723, by House Committee on Labor & Workplace Standards (originally sponsored by Representatives Haler, Riccelli, Sells, Gregerson, Ormsby, Doglio and Pollet)

 

Creating the presumption of occupational disease for certain employees at the United States department of energy Hanford site.

 

The measure was read the second time.

 

MOTION

 

Senator Hasegawa moved that the following committee striking amendment by the Committee on Labor & Commerce be adopted:

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 4.  A new section is added to chapter 51.32 RCW to read as follows:

(1) The definitions in this section apply throughout this section.

(a) "Hanford nuclear site" and "Hanford site" and "site" means the approximately five hundred sixty square miles in southeastern Washington state, excluding leased land, state-owned lands, and lands owned by the Bonneville Power Administration, which is owned by the United States and which is commonly known as the Hanford reservation.

(b) "United States department of energy Hanford site workers" and "Hanford site worker" means any person, including a contractor or subcontractor, who was engaged in the performance of work, either directly or indirectly, for the United States, regarding projects and contracts at the Hanford nuclear site and who worked on the site at the two hundred east, two hundred west, three hundred area, environmental restoration disposal facility site, central plateau, or the river corridor locations for at least one eight-hour shift while covered under this title.

(2)(a) For United States department of energy Hanford site workers, as defined in this section, who are covered under this title, there exists a prima facie presumption that the diseases and conditions listed in subsection (3) of this section are occupational diseases under RCW 51.08.140.

(b) This presumption of occupational disease may be rebutted by clear and convincing evidence. Such evidence may include, but is not limited to, use of tobacco products, physical fitness and weight, lifestyle, hereditary factors, and exposure from other employment or nonemployment activities.

(3) The prima facie presumption applies to the following:

(a) Respiratory disease;

(b) Any heart problems, experienced within seventy-two hours of exposure to fumes, toxic substances, or chemicals at the site;

(c) Cancer, subject to subsection (4) of this section;

(d) Beryllium sensitization, and acute and chronic beryllium disease; and

(e) Neurological disease.

(4)(a) The presumption established for cancer only applies to any active or former United States department of energy Hanford site worker who has cancer that develops or manifests itself and who was given a qualifying medical examination upon becoming a United States department of energy Hanford site worker that showed no evidence of cancer.

(b) The presumption applies to the following cancers:

(i) Leukemia;

(ii) Primary or secondary lung cancer, including bronchi and trachea, sarcoma of the lung, other than in situ lung cancer that is discovered during or after a postmortem examination, but not including mesothelioma or pleura cancer;

(iii) Primary or secondary bone cancer, including the bone form of solitary plasmacytoma, myelodysplastic syndrome, myelofibrosis with myeloid metaplasia, essential thrombocytosis or essential thrombocythemia, primary polycythemia vera (also called polycythemia rubra vera, P. vera, primary polycythemia, proliferative polycythemia, spent-phase polycythemia, or primary erythremia);

(iv) Primary or secondary renal (kidney) cancer;

(v) Lymphomas, other than Hodgkin’s disease;

(vi) Waldenstrom’s macroglobulinemia and mycosis fungoides; and

(vii) Primary cancer of the: (A) Thyroid; (B) male or female breast; (C) esophagus; (D) stomach; (E) pharynx, including all three areas, oropharynx, nasopharynx, and hypopharynx and the larynx. The oropharynx includes base of tongue, soft palate and tonsils (the hypopharynx includes the pyriform sinus); (F) small intestine; (G) pancreas; (H) bile ducts, including ampulla of vater; (I) gall bladder; (J) salivary gland; (K) urinary bladder; (L) brain (malignancies only and not including intracranial endocrine glands and other parts of the central nervous system or borderline astrocytomas); (M) colon, including rectum and appendix; (N) ovary, including fallopian tubes if both organs are involved; and (O) liver, except if cirrhosis or hepatitis B is indicated.

(5)(a) The presumption established in this section extends to an applicable United States department of energy Hanford site worker following termination of service for the lifetime of that individual.

(b) A worker or the survivor of a worker who has died as a result of one of the conditions or diseases listed in subsection (3) of this section, and whose claim was denied by order of the department, the board of industrial insurance appeals, or a court, can file a new claim for the same exposure and contended condition or disease.

(c) This section applies to decisions made after the effective date of this section, without regard to the date of last injurious exposure or claim filing.

(6)(a) When a determination involving the presumption established in this section is appealed to the board of industrial insurance appeals and the final decision allows the claim of benefits, the board of industrial insurance appeals shall order that all reasonable costs of the appeal, including attorneys’ fees and witness fees, be paid to the worker or his or her beneficiary by the opposing party.

(b) When a determination involving the presumption established in this section is appealed to any court and the final decision allows the claim for benefits, the court shall order that all reasonable costs of appeal, including attorneys’ fees and witness fees, be paid to the worker or his or her beneficiary by the opposing party.

NEW SECTION.  Sec. 5.  A new section is added to chapter 51.32 RCW to read as follows:

(1) Five years after the effective date of this section, the department must submit a report to the appropriate labor committees of the legislature by December 1, 2023. The report must include the number of industrial insurance claims which included the presumption provided for in section 1(2)(a) of this act.

(2) This section expires December 1, 2024."

On page 1, line 3 of the title, after "site;" strike the remainder of the title and insert "adding new sections to chapter 51.32 RCW; and providing an expiration date."

 

The President Pro Tempore declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Labor & Commerce to Substitute House Bill No. 1723.

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

 

MOTION

 

On motion of Senator Hasegawa, the rules were suspended, Substitute House Bill No. 1723, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Hasegawa and Conway spoke in favor of passage of the bill.

Senator Braun spoke against passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1723 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1723 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

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

Voting nay: Senators Angel, Bailey, Becker, Braun, Ericksen, Fortunato, Honeyford, Padden, Rivers, Schoesler, Short, Wagoner, Warnick and Wilson

 

SUBSTITUTE HOUSE BILL NO. 1723 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 6059, by Senators Angel and Mullet

 

Addressing the insurer corporate governance annual disclosure model act.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Angel, the rules were suspended, Senate Bill No. 6059 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

Senator Hasegawa spoke against passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6059.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 6059 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

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

Voting nay: Senators Chase and Hasegawa

 

SENATE BILL NO. 6059, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 5598, by Senators Pedersen, Angel, Rolfes, King, Darneille, Bailey, Brown, Mullet, Carlyle, Braun, Hobbs, Palumbo, Wellman, Keiser, Honeyford, Ranker, Nelson, Liias, McCoy, Billig, Cleveland, Hasegawa, Frockt, Conway, Rivers, Saldaña, Kuderer, Chase, Hunt, Fain, Walsh, Van De Wege, Rossi, Zeiger, Warnick, Becker, Takko, Wilson, Schoesler and Hawkins

 

Granting relatives, including but not limited to grandparents, the right to seek visitation with a child through the courts.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Pedersen, the rules were suspended, Senate Bill No. 5598 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Pedersen, Darneille and Ranker spoke in favor of passage of the bill.

Senator Padden spoke against passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 5598.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Senate Bill No. 5598 and the bill passed the Senate by the following vote:  Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

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

Voting nay: Senators Fortunato, Honeyford, Miloscia, O’Ban and Padden

 

SENATE BILL NO. 5598, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 5992, by Senators Van De Wege, Zeiger, Dhingra, Fain, Pedersen, Liias, Nelson, Billig, Darneille, Palumbo, Carlyle, Frockt, Rolfes, Keiser, Hunt, Wellman, Chase, Ranker, Saldaña, Kuderer and Mullet

 

Concerning trigger modification devices.

 

The measure was read the second time.

 

WITHDRAWAL OF AMENDMENT

 

On motion of Senator Fain and without objection, the following amendment no. 346 by Senator Fain on page 6, line 1 to Senate Bill No. 5992 was withdrawn:

 

On page 6, at the beginning of line 1, after "firearm" insert "to five or more shots per second"

On page 6, line 8, after "mechanism" insert ". Trigger modification device does not include modifications designed to improve trigger control or firearm accuracy and which also increase the rate of fire by a small or negligible amount"

 

MOTION

 

Senator Padden moved that the following striking amendment no. 371 by Senator Padden be adopted:

 

Strike everything after the enacting clause and insert the following:

"Sec. 6.  RCW 9.41.010 and 2017 c 264 s 1 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(2) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.

(3) "Bump-fire stock" means a butt stock designed to be attached to a semiautomatic firearm with the purpose or intent of increasing the rate of fire achievable with the semiautomatic firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger.

(4) "Crime of violence" means:

(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;

(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and

(c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.

(((4))) (5) "Curio or relic" has the same meaning as provided in 27 C.F.R. Sec. 478.11.

(((5))) (6) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

(((6))) (7) "Family or household member" means "family" or "household member" as used in RCW 10.99.020.

(((7))) (8) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.

(((8))) (9) "Felony firearm offender" means a person who has previously been convicted or found not guilty by reason of insanity in this state of any felony firearm offense. A person is not a felony firearm offender under this chapter if any and all qualifying offenses have been the subject of an expungement, pardon, annulment, certificate, or rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or a pardon, annulment, or other equivalent procedure based on a finding of innocence.

(((9))) (10) "Felony firearm offense" means:

(a) Any felony offense that is a violation of this chapter;

(b) A violation of RCW 9A.36.045;

(c) A violation of RCW 9A.56.300;

(d) A violation of RCW 9A.56.310;

(e) Any felony offense if the offender was armed with a firearm in the commission of the offense.

(((10))) (11) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder and also includes a bump-fire stock. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes.

(((11))) (12) "Gun" has the same meaning as firearm.

(((12))) (13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.

(((13))) (14) "Lawful permanent resident" has the same meaning afforded a person "lawfully admitted for permanent residence" in 8 U.S.C. Sec. 1101(a)(20).

(((14))) (15) "Licensed collector" means a person who is federally licensed under 18 U.S.C. Sec. 923(b).

(((15))) (16) "Licensed dealer" means a person who is federally licensed under 18 U.S.C. Sec. 923(a).

(((16))) (17) "Loaded" means:

(a) There is a cartridge in the chamber of the firearm;

(b) Cartridges are in a clip that is locked in place in the firearm;

(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;

(d) There is a cartridge in the tube or magazine that is inserted in the action; or

(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

(((17))) (18) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

(((18))) (19) "Nonimmigrant alien" means a person defined as such in 8 U.S.C. Sec. 1101(a)(15).

(((19))) (20) "Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company, or other legal entity.

(((20))) (21) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.

(((21))) (22) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

(((22))) (23) "Sale" and "sell" mean the actual approval of the delivery of a firearm in consideration of payment or promise of payment.

(((23))) (24) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

(a) Any crime of violence;

(b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;

(c) Child molestation in the second degree;

(d) Incest when committed against a child under age fourteen;

(e) Indecent liberties;

(f) Leading organized crime;

(g) Promoting prostitution in the first degree;

(h) Rape in the third degree;

(i) Drive-by shooting;

(j) Sexual exploitation;

(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;

(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;

(n) Any other felony with a deadly weapon verdict under RCW 9.94A.825;

(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense; or

(p) Any felony conviction under RCW 9.41.115.

(((24))) (25) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

(((25))) (26) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

(((26))) (27) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

(((27))) (28) "Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the state of Washington to, or return of such a firearm by, any of that entity’s employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business.

(((28))) (29) "Unlicensed person" means any person who is not a licensed dealer under this chapter.

Sec. 7.  RCW 9.41.090 and 2015 c 1 s 5 are each amended to read as follows:

(1) In addition to the other requirements of this chapter, no dealer may deliver a pistol or bump-fire stock to the purchaser thereof until:

(a) The purchaser produces a valid concealed pistol license and the dealer has recorded the purchaser’s name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (5) of this section. For purposes of this subsection (1)(a), a "valid concealed pistol license" does not include a temporary emergency license, and does not include any license issued before July 1, 1996, unless the issuing agency conducted a records search for disqualifying crimes under RCW 9.41.070 at the time of issuance;

(b) The dealer is notified in writing by the chief of police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a pistol or bump-fire stock under RCW 9.41.040 and that the application to purchase is approved by the chief of police or sheriff; or

(c) The requirements or time periods in RCW 9.41.092 have been satisfied.

(2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic database, the department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.

(b) Once the system is established, a dealer shall use the state system and national instant criminal background check system, provided for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et seq.), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services’ electronic database and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.

(3) In any case under this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the dealer shall hold the delivery of the pistol or bump-fire stock until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol or bump-fire stock is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the dealer so that the hold may be released if the warrant was for an offense other than an offense making a person ineligible under RCW 9.41.040 to possess a ((pistol)) firearm.

(4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for an offense making a person ineligible under RCW 9.41.040 to possess a ((pistol)) firearm, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a ((pistol)) firearm, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a ((pistol)) firearm, the local jurisdiction may hold the sale and delivery of the pistol or bump-fire stock up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. A dealer shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.

(5)(a) At the time of applying for the purchase of a pistol or bump-fire stock, the purchaser shall sign in triplicate and deliver to the dealer an application containing:

(i) His or her full name, residential address, date and place of birth, race, and gender;

(ii) The date and hour of the application;

(iii) The applicant’s driver’s license number or state identification card number;

(iv) If purchasing a pistol, a description of the pistol including the make, model, ((caliber)) and manufacturer’s number if available at the time of applying for the purchase of a pistol. If the manufacturer’s number is not available at the time of purchase of the pistol, the application may be processed, but delivery of the pistol to the purchaser may not occur unless the manufacturer’s number is recorded on the application by the dealer and transmitted to the chief of police of the municipality or the sheriff of the county in which the purchaser resides; and a statement that the purchaser is eligible to possess a ((pistol)) firearm under ((RCW 9.41.040)) state or federal law.

(b) The application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.

The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.

(c) The dealer shall, by the end of the business day, sign and attach his or her address and deliver a copy of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident. The triplicate shall be retained by the dealer for six years. The dealer shall deliver the pistol or bump-fire stock to the purchaser following the period of time specified in this chapter unless the dealer is notified of an investigative hold under subsection (4) of this section in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser’s application to purchase and the grounds thereof. The application shall not be denied unless the purchaser is not eligible to possess a ((pistol)) firearm under ((RCW 9.41.040 or 9.41.045,)) state or federal law.

(d) The chief of police of the municipality or the sheriff of the county shall retain or destroy applications to purchase a pistol or bump-fire stock in accordance with the requirements of 18 U.S.C. Sec. 922.

(6) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a ((pistol)) firearm is guilty of false swearing under RCW 9A.72.040.

(7) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.

Sec. 8.  RCW 9.41.094 and 1994 sp.s. c 7 s 411 are each amended to read as follows:

A signed application to purchase a pistol or bump-fire stock shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant’s eligibility to purchase a pistol or bump-fire stock to an inquiring court or law enforcement agency.

Sec. 9.  RCW 9.41.097 and 2009 c 216 s 6 are each amended to read as follows:

(1) The department of social and health services, mental health institutions, and other health care facilities shall, upon request of a court or law enforcement agency, supply such relevant information as is necessary to determine the eligibility of a person to possess a ((pistol)) firearm or to be issued a concealed pistol license under RCW 9.41.070 or to purchase a pistol or bump-fire stock under RCW 9.41.090.

(2) Mental health information received by: (a) The department of licensing pursuant to RCW 9.41.047 or 9.41.173; (b) an issuing authority pursuant to RCW 9.41.047 or 9.41.070; (c) a chief of police or sheriff pursuant to RCW 9.41.090 or 9.41.173; (d) a court or law enforcement agency pursuant to subsection (1) of this section, shall not be disclosed except as provided in RCW 42.56.240(4).

Sec. 10.  RCW 9.41.0975 and 2009 c 216 s 7 are each amended to read as follows:

(1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:

(a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;

(b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;

(c) For issuing a concealed pistol license or alien firearm license to a person ineligible for such a license;

(d) For failing to issue a concealed pistol license or alien firearm license to a person eligible for such a license;

(e) For revoking or failing to revoke an issued concealed pistol license or alien firearm license;

(f) For errors in preparing or transmitting information as part of determining a person’s eligibility to receive or possess a firearm, or eligibility for a concealed pistol license or alien firearm license;

(g) For issuing a dealer’s license to a person ineligible for such a license; or

(h) For failing to issue a dealer’s license to a person eligible for such a license.

(2) An application may be made to a court of competent jurisdiction for a writ of mandamus:

(a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused;

(b) Directing a law enforcement agency to approve an application to purchase a pistol or bump-fire stock wrongfully denied;

(c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or alien firearm license or in the wrongful denial of a purchase application for a pistol or bump-fire stock be corrected; or

(d) Directing a law enforcement agency to approve a dealer’s license wrongfully denied.

The application for the writ may be made in the county in which the application for a concealed pistol license or alien firearm license or to purchase a pistol or bump-fire stock was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys’ fees and costs.

Sec. 11.  RCW 9.41.110 and 2009 c 479 s 10 are each amended to read as follows:

(1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol or bump-fire stock without being licensed as provided in this section.

(2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol or bump-fire stock without being licensed as provided in this section.

(3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.

(4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.810. A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section.

(5)(a) A licensing authority shall, within thirty days after the filing of an application of any person for a dealer’s license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver’s license or Washington state identification card, or has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to sixty days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer’s license.

(b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols or bump-fire stocks that are applicable to dealers.

(6)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.

(b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (6)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.

In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090((,)) and 9.41.100((,)) and ((9.41.110)) this section. The license of a dealer who fails to comply with the requirements of RCW 9.41.080 and 9.41.090 and subsection (8) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer’s license.

(7) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.

(8)(a) No pistol or bump-fire stock may be sold: (i) In violation of any provisions of RCW 9.41.010 through 9.41.810; nor (ii) may a pistol or bump-fire stock be sold under any circumstances unless the purchaser is personally known to the dealer or shall present clear evidence of his or her identity.

(b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer’s license and permanent ineligibility for a dealer’s license.

(c) The license fee for pistols or bump-fire stocks shall be one hundred twenty-five dollars. The license fee for firearms other than pistols or bump-fire stocks shall be one hundred twenty-five dollars. The license fee for ammunition shall be one hundred twenty-five dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the state general fund.

(9)(a) A true record in triplicate shall be made of every pistol or bump-fire stock sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale((,)); the ((caliber,)) make, model, and manufacturer’s number of the weapon((,)) if applicable; the name, address, occupation, and place of birth of the purchaser; and a statement signed by the purchaser, that he or she is not ineligible under RCW 9.41.040 to possess a firearm.

(b) One copy shall within six hours be sent by certified mail to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.

(10) Subsections (2) through (9) of this section shall not apply to sales at wholesale.

(11) The dealer’s licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer’s licenses and a single license form which shall indicate the type or types of licenses granted.

(12) Except as provided in RCW 9.41.090, every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.

Sec. 12.  RCW 9.41.113 and 2017 c 264 s 2 are each amended to read as follows:

(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law. The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.

(2) No person shall sell or transfer a firearm unless:

(a) The person is a licensed dealer;

(b) The purchaser or transferee is a licensed dealer; or

(c) The requirements of subsection (3) of this section are met.

(3) Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:

(a) The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee, except that the unlicensed seller or transferor may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller or transferor removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser or transferee and the seller or transferor shall return to the business premises of the licensed dealer and the seller or transferor shall again deliver the firearm to the licensed dealer prior to completing the sale or transfer.

(b) Except as provided in (a) of this subsection, the licensed dealer shall comply with all requirements of federal and state law that would apply if the licensed dealer were selling or transferring the firearm from its inventory to the purchaser or transferee, including but not limited to conducting a background check on the prospective purchaser or transferee in accordance with federal and state law requirements and fulfilling all federal and state recordkeeping requirements.

(c) The purchaser or transferee must complete, sign, and submit all federal, state, and local forms necessary to process the required background check to the licensed dealer conducting the background check.

(d) If the results of the background check indicate that the purchaser or transferee is ineligible to possess a firearm, then the licensed dealer shall return the firearm to the seller or transferor.

(e) The licensed dealer may charge a fee that reflects the fair market value of the administrative costs and efforts incurred by the licensed dealer for facilitating the sale or transfer of the firearm.

(4) This section does not apply to:

(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;

(b) The sale or transfer of an antique firearm;

(c) A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:

(i) The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and

(ii) The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;

(d) A temporary transfer of possession of a firearm if: (i) The transfer is intended to prevent suicide or self-inflicted great bodily harm; (ii) the transfer lasts only as long as reasonably necessary to prevent death or great bodily harm; and (iii) the firearm is not utilized by the transferee for any purpose for the duration of the temporary transfer;

(e) Any law enforcement or corrections agency and, to the extent the person is acting within the course and scope of his or her employment or official duties, any law enforcement or corrections officer, United States marshal, member of the armed forces of the United States or the national guard, or federal official;

(f) A federally licensed gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the federally licensed gunsmith;

(g) The temporary transfer of a firearm (i) between spouses or domestic partners; (ii) if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located; (iii) if the temporary transfer occurs and the transferee’s possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (iv) to a person who is under eighteen years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms; (v) under circumstances in which the transferee and the firearm remain in the presence of the transferor; or (vi) while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred has completed all training and holds all licenses or permits required for such hunting, provided that any temporary transfer allowed by this subsection is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;

(h) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws; ((or))

(i) A sale or transfer when the purchaser or transferee is a licensed collector and the firearm being sold or transferred is a curio or relic; or

(j) The sale or transfer of a bump-fire stock where the purchaser or transferee produces a valid concealed pistol license.

Sec. 13.  RCW 9.41.129 and 2005 c 274 s 203 are each amended to read as follows:

The department of licensing may keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications to purchase pistols or bump-fire stocks provided for in RCW 9.41.090, and copies or records of pistol or bump-fire stock transfers provided for in RCW 9.41.110. The copies and records shall not be disclosed except as provided in RCW 42.56.240(4)."

On page 1, line 1 of the title, after "to" strike the remainder of the title and insert "bump-fire stock; amending RCW 9.41.090, 9.41.094, 9.41.097, 9.41.0975, 9.41.110, 9.41.113, and 9.41.129; and reenacting and amending RCW 9.41.010."

 

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

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

The President Pro Tempore declared the question before the Senate to be the adoption of striking amendment no. 371 by Senator Padden to Senate Bill No. 5992.

 

The motion by Senator Padden did not carry and striking amendment no. 371 was not adopted by voice vote.

 

MOTION

 

Senator Zeiger moved that the following striking amendment no. 372 by Senators Fain and Zeiger be adopted:

 

Strike everything after the enacting clause and insert the following:

"Sec. 14.  RCW 9.41.010 and 2017 c 264 s 1 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(2) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.

(3) "Bump-fire stock" means a butt stock designed to be attached to a semiautomatic firearm with the effect of increasing the rate of fire achievable with the semiautomatic firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger.

(4) "Crime of violence" means:

(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;

(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and

(c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.

(((4))) (5) "Curio or relic" has the same meaning as provided in 27 C.F.R. Sec. 478.11.

(((5))) (6) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

(((6))) (7) "Family or household member" means "family" or "household member" as used in RCW 10.99.020.

(((7))) (8) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.

(((8))) (9) "Felony firearm offender" means a person who has previously been convicted or found not guilty by reason of insanity in this state of any felony firearm offense. A person is not a felony firearm offender under this chapter if any and all qualifying offenses have been the subject of an expungement, pardon, annulment, certificate, or rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or a pardon, annulment, or other equivalent procedure based on a finding of innocence.

(((9))) (10) "Felony firearm offense" means:

(a) Any felony offense that is a violation of this chapter;

(b) A violation of RCW 9A.36.045;

(c) A violation of RCW 9A.56.300;

(d) A violation of RCW 9A.56.310;

(e) Any felony offense if the offender was armed with a firearm in the commission of the offense.

(((10))) (11) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes.

(((11))) (12) "Gun" has the same meaning as firearm.

(((12))) (13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.

(((13))) (14) "Lawful permanent resident" has the same meaning afforded a person "lawfully admitted for permanent residence" in 8 U.S.C. Sec. 1101(a)(20).

(((14))) (15) "Licensed collector" means a person who is federally licensed under 18 U.S.C. Sec. 923(b).

(((15))) (16) "Licensed dealer" means a person who is federally licensed under 18 U.S.C. Sec. 923(a).

(((16))) (17) "Loaded" means:

(a) There is a cartridge in the chamber of the firearm;

(b) Cartridges are in a clip that is locked in place in the firearm;

(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;

(d) There is a cartridge in the tube or magazine that is inserted in the action; or

(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

(((17))) (18) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

(((18))) (19) "Nonimmigrant alien" means a person defined as such in 8 U.S.C. Sec. 1101(a)(15).

(((19))) (20) "Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company, or other legal entity.

(((20))) (21) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.

(((21))) (22) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

(((22))) (23) "Sale" and "sell" mean the actual approval of the delivery of a firearm in consideration of payment or promise of payment.

(((23))) (24) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

(a) Any crime of violence;

(b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;

(c) Child molestation in the second degree;

(d) Incest when committed against a child under age fourteen;

(e) Indecent liberties;

(f) Leading organized crime;

(g) Promoting prostitution in the first degree;

(h) Rape in the third degree;

(i) Drive-by shooting;

(j) Sexual exploitation;

(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;

(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;

(n) Any other felony with a deadly weapon verdict under RCW 9.94A.825;

(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense; or

(p) Any felony conviction under RCW 9.41.115.

(((24))) (25) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

(((25))) (26) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

(((26))) (27) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

(((27))) (28) "Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the state of Washington to, or return of such a firearm by, any of that entity’s employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business.

(((28))) (29) "Unlicensed person" means any person who is not a licensed dealer under this chapter.

Sec. 15.  RCW 9.41.190 and 2016 c 214 s 1 are each amended to read as follows:

(1) Except as otherwise provided in this section, it is unlawful for any person to:

(a) Manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle;

(b) Manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; ((or))

(c) Assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle; or

(d) Manufacture or sell a bump-fire stock.

(2) It is not unlawful for a person to manufacture, own, buy, sell, loan, furnish, transport, assemble, or repair, or have in possession or under control, a short-barreled rifle, or any part designed or intended solely and exclusively for use in a short-barreled rifle or in converting a weapon into a short-barreled rifle, if the person is in compliance with applicable federal law.

(3) Subsection (1) of this section shall not apply to:

(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or

(b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, bump-fire stocks, short-barreled shotguns, or short-barreled rifles:

(i) To be used or purchased by the armed forces of the United States;

(ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or

(iii) For exportation in compliance with all applicable federal laws and regulations.

(4) It shall be an affirmative defense to a prosecution brought under this section that the machine gun or short-barreled shotgun was acquired prior to July 1, 1994, and is possessed in compliance with federal law.

(5) Any person violating this section is guilty of a class C felony.

Sec. 16.  RCW 9.41.190 and 2016 c 214 s 1 are each amended to read as follows:

(1) Except as otherwise provided in this section, it is unlawful for any person to:

(a) Manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, bump-fire stock, short-barreled shotgun, or short-barreled rifle;

(b) Manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any part designed and intended solely and exclusively for use in a machine gun, bump-fire stock, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or

(c) Assemble or repair any machine gun, bump-fire stock, short-barreled shotgun, or short-barreled rifle.

(2) It is not unlawful for a person to manufacture, own, buy, sell, loan, furnish, transport, assemble, or repair, or have in possession or under control, a short-barreled rifle, or any part designed or intended solely and exclusively for use in a short-barreled rifle or in converting a weapon into a short-barreled rifle, if the person is in compliance with applicable federal law.

(3) Subsection (1) of this section shall not apply to:

(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or

(b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, bump-fire stocks, short-barreled shotguns, or short-barreled rifles:

(i) To be used or purchased by the armed forces of the United States;

(ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or

(iii) For exportation in compliance with all applicable federal laws and regulations.

(4) It shall be an affirmative defense to a prosecution brought under this section that the machine gun or short-barreled shotgun was acquired prior to July 1, 1994, and is possessed in compliance with federal law.

(5) Any person violating this section is guilty of a class C felony.

Sec. 17.  RCW 9.41.220 and 1994 sp.s. c 7 s 421 are each amended to read as follows:

All machine guns, bump-fire stocks, short-barreled shotguns, or short-barreled rifles, or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, bump-fire stock, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found.

Sec. 18.  RCW 9.41.225 and 1989 c 231 s 3 are each amended to read as follows:

(1) It is unlawful for a person, in the commission or furtherance of a felony other than a violation of RCW 9.41.190, to discharge a machine gun or to menace or threaten with a machine gun, another person.

(2) It is unlawful for a person, in the commission or furtherance of a felony other than a violation of RCW 9.41.190, to discharge a firearm containing a bump-fire stock or to menace or threaten another person with a firearm containing a bump-fire stock.

(3) A violation of this section shall be punished as a class A felony under chapter 9A.20 RCW.

Sec. 19.  RCW 9.94A.475 and 2012 c 183 s 2 are each amended to read as follows:

Any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes shall be made and retained as public records if the felony crime involves:

(1) Any violent offense as defined in this chapter;

(2) Any most serious offense as defined in this chapter;

(3) Any felony with a deadly weapon special verdict under RCW 9.94A.825;

(4) Any felony with any deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both;

(5) The felony crimes of possession of a machine gun or bump-fire stock, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun or bump-fire stock in a felony; or

(6) The felony crime of driving a motor vehicle while under the influence of intoxicating liquor or any drug as defined in RCW 46.61.502, and felony physical control of a motor vehicle while under the influence of intoxicating liquor or any drug as defined in RCW 46.61.504.

Sec. 20.  RCW 9.94A.515 and 2017 c 335 s 4, 2017 c 292 s 3, 2017 c 272 s 10, and 2017 c 266 s 8 are each reenacted and amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

XVI

Aggravated Murder 1 (RCW 10.95.020)

 

XV

Homicide by abuse (RCW 9A.32.055)

 

 

Malicious explosion 1 (RCW 70.74.280(1))

 

 

Murder 1 (RCW 9A.32.030)

 

XIV

Murder 2 (RCW 9A.32.050)

 

 

Trafficking 1 (RCW 9A.40.100(1))

 

XIII

Malicious explosion 2 (RCW 70.74.280(2))

 

 

Malicious placement of an explosive 1 (RCW 70.74.270(1))

 

XII

Assault 1 (RCW 9A.36.011)

 

 

Assault of a Child 1 (RCW 9A.36.120)

 

 

Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

 

 

Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)

 

 

Rape 1 (RCW 9A.44.040)

 

 

Rape of a Child 1 (RCW 9A.44.073)

 

 

Trafficking 2 (RCW 9A.40.100(3))

 

XI

Manslaughter 1 (RCW 9A.32.060)

 

 

Rape 2 (RCW 9A.44.050)

 

 

Rape of a Child 2 (RCW 9A.44.076)

 

 

Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

 

 

Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 

X

Child Molestation 1 (RCW 9A.44.083)

 

 

Criminal Mistreatment 1 (RCW 9A.42.020)

 

 

Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

 

 

Kidnapping 1 (RCW 9A.40.020)

 

 

Leading Organized Crime (RCW 9A.82.060(1)(a))

 

 

Malicious explosion 3 (RCW 70.74.280(3))

 

 

Sexually Violent Predator Escape (RCW 9A.76.115)

 

IX

Abandonment of Dependent Person 1 (RCW 9A.42.060)

 

 

Assault of a Child 2 (RCW 9A.36.130)

 

 

Explosive devices prohibited (RCW 70.74.180)

 

 

Hit and Run—Death (RCW 46.52.020(4)(a))

 

 

Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)

 

 

Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

 

 

Malicious placement of an explosive 2 (RCW 70.74.270(2))

 

 

Robbery 1 (RCW 9A.56.200)

 

 

Sexual Exploitation (RCW 9.68A.040)

 

VIII

Arson 1 (RCW 9A.48.020)

 

 

Commercial Sexual Abuse of a Minor (RCW 9.68A.100)

 

 

Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)

 

 

Manslaughter 2 (RCW 9A.32.070)

 

 

Promoting Prostitution 1 (RCW 9A.88.070)

 

 

Theft of Ammonia (RCW 69.55.010)

 

VII

Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b))

 

 

Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b))

 

 

Burglary 1 (RCW 9A.52.020)

 

 

Child Molestation 2 (RCW 9A.44.086)

 

 

Civil Disorder Training (RCW 9A.48.120)

 

 

Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))

 

 

Drive-by Shooting (RCW 9A.36.045)

 

 

Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)

 

 

Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

 

 

Introducing Contraband 1 (RCW 9A.76.140)

 

 

Malicious placement of an explosive 3 (RCW 70.74.270(3))

 

 

Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b))

 

 

Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)

 

 

((Sale [of])) Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b))

 

 

Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))

 

 

Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))

 

 

Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225)

 

 

Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

 

VI

Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))

 

 

Bribery (RCW 9A.68.010)

 

 

Incest 1 (RCW 9A.64.020(1))

 

 

Intimidating a Judge (RCW 9A.72.160)

 

 

Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

 

 

Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

 

 

Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))

 

 

Rape of a Child 3 (RCW 9A.44.079)

 

 

Theft of a Firearm (RCW 9A.56.300)

 

 

Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1))

 

 

Unlawful Storage of Ammonia (RCW 69.55.020)

 

V

Abandonment of Dependent Person 2 (RCW 9A.42.070)

 

 

Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

 

 

Air bag diagnostic systems (RCW 46.37.660(2)(c))

 

 

Air bag replacement requirements (RCW 46.37.660(1)(c))

 

 

Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))

 

 

Child Molestation 3 (RCW 9A.44.089)

 

 

Criminal Mistreatment 2 (RCW 9A.42.030)

 

 

Custodial Sexual Misconduct 1 (RCW 9A.44.160)

 

 

Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))

 

 

Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)

 

 

Extortion 1 (RCW 9A.56.120)

 

 

Extortionate Extension of Credit (RCW 9A.82.020)

 

 

Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

 

 

Incest 2 (RCW 9A.64.020(2))

 

 

Kidnapping 2 (RCW 9A.40.030)

 

 

Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c))

 

 

Perjury 1 (RCW 9A.72.020)

 

 

Persistent prison misbehavior (RCW 9.94.070)

 

 

Possession of a Stolen Firearm (RCW 9A.56.310)

 

 

Rape 3 (RCW 9A.44.060)

 

 

Rendering Criminal Assistance 1 (RCW 9A.76.070)

 

 

((Sale [of])) Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c))

 

 

Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))

 

 

Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

 

 

Sexually Violating Human Remains (RCW 9A.44.105)

 

 

Stalking (RCW 9A.46.110)

 

 

Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)

 

IV

Arson 2 (RCW 9A.48.030)

 

 

Assault 2 (RCW 9A.36.021)

 

 

Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))

 

 

Assault 4 (third domestic violence offense) (RCW 9A.36.041(3))

 

 

Assault by Watercraft (RCW 79A.60.060)

 

 

Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

 

 

Cheating 1 (RCW 9.46.1961)

 

 

Commercial Bribery (RCW 9A.68.060)

 

 

Counterfeiting (RCW 9.16.035(4))

 

 

Driving While Under the Influence (RCW 46.61.502(6))

 

 

Endangerment with a Controlled Substance (RCW 9A.42.100)

 

 

Escape 1 (RCW 9A.76.110)

 

 

Hit and Run—Injury (RCW 46.52.020(4)(b))

 

 

Hit and Run with Vessel—Injury Accident (RCW 79A.60.200(3))

 

 

Identity Theft 1 (RCW 9.35.020(2))

 

 

Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

 

 

Influencing Outcome of Sporting Event (RCW 9A.82.070)

 

 

Malicious Harassment (RCW 9A.36.080)

 

 

Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))

 

 

Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))

 

 

Residential Burglary (RCW 9A.52.025)

 

 

Robbery 2 (RCW 9A.56.210)

 

 

Theft of Livestock 1 (RCW 9A.56.080)

 

 

Threats to Bomb (RCW 9.61.160)

 

 

Trafficking in Stolen Property 1 (RCW 9A.82.050)

 

 

Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))

 

 

Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))

 

 

Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))

 

 

Unlawful transaction of insurance business (RCW 48.15.023(3))

 

 

Unlicensed practice as an insurance professional (RCW 48.17.063(2))

 

 

Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

 

 

Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3))

 

 

Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)

 

 

Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))

 

 

Willful Failure to Return from Furlough (RCW 72.66.060)

 

III

Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3))

 

 

Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))

 

 

Assault of a Child 3 (RCW 9A.36.140)

 

 

Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))

 

 

Burglary 2 (RCW 9A.52.030)

 

 

Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

 

 

Criminal Gang Intimidation (RCW 9A.46.120)

 

 

Custodial Assault (RCW 9A.36.100)

 

 

Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))

 

 

Escape 2 (RCW 9A.76.120)

 

 

Extortion 2 (RCW 9A.56.130)

 

 

Harassment (RCW 9A.46.020)

 

 

Intimidating a Public Servant (RCW 9A.76.180)

 

 

Introducing Contraband 2 (RCW 9A.76.150)

 

 

Malicious Injury to Railroad Property (RCW 81.60.070)

 

 

Mortgage Fraud (RCW 19.144.080)

 

 

Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)

 

 

Organized Retail Theft 1 (RCW 9A.56.350(2))

 

 

Perjury 2 (RCW 9A.72.030)

 

 

Possession of Incendiary Device (RCW 9.40.120)

 

 

Possession of Machine Gun, Bump-fire Stock, or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

 

 

Promoting Prostitution 2 (RCW 9A.88.080)

 

 

Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2))

 

 

Securities Act violation (RCW 21.20.400)

 

 

Tampering with a Witness (RCW 9A.72.120)

 

 

Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))

 

 

Theft of Livestock 2 (RCW 9A.56.083)

 

 

Theft with the Intent to Resell 1 (RCW 9A.56.340(2))

 

 

Trafficking in Stolen Property 2 (RCW 9A.82.055)

 

 

Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))

 

 

Unlawful Imprisonment (RCW 9A.40.040)

 

 

Unlawful Misbranding of Food Fish or Shellfish 1 (RCW 69.04.938(3))

 

 

Unlawful possession of firearm in the second degree (RCW 9.41.040(2))

 

 

Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))

 

 

Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))

 

 

Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))

 

 

Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)

 

 

Willful Failure to Return from Work Release (RCW 72.65.070)

 

II

Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b))

 

 

Computer Trespass 1 (RCW 9A.90.040)

 

 

Counterfeiting (RCW 9.16.035(3))

 

 

Electronic Data Service Interference (RCW 9A.90.060)

 

 

Electronic Data Tampering 1 (RCW 9A.90.080)

 

 

Electronic Data Theft (RCW 9A.90.100)

 

 

Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))

 

 

Escape from Community Custody (RCW 72.09.310)

 

 

Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132)

 

 

Health Care False Claims (RCW 48.80.030)

 

 

Identity Theft 2 (RCW 9.35.020(3))

 

 

Improperly Obtaining Financial Information (RCW 9.35.010)

 

 

Malicious Mischief 1 (RCW 9A.48.070)

 

 

Organized Retail Theft 2 (RCW 9A.56.350(3))

 

 

Possession of Stolen Property 1 (RCW 9A.56.150)

 

 

Possession of a Stolen Vehicle (RCW 9A.56.068)

 

 

Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3))

 

 

Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100)

 

 

Theft 1 (RCW 9A.56.030)

 

 

Theft of a Motor Vehicle (RCW 9A.56.065)

 

 

Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at five thousand dollars or more) (RCW 9A.56.096(5)(a))

 

 

Theft with the Intent to Resell 2 (RCW 9A.56.340(3))

 

 

Trafficking in Insurance Claims (RCW 48.30A.015)

 

 

Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))

 

 

Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))

 

 

Unlawful Practice of Law (RCW 2.48.180)

 

 

Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))

 

 

Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))

 

 

Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

 

 

Voyeurism 1 (RCW 9A.44.115)

 

I

Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

 

 

False Verification for Welfare (RCW 74.08.055)

 

 

Forgery (RCW 9A.60.020)

 

 

Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)

 

 

Malicious Mischief 2 (RCW 9A.48.080)

 

 

Mineral Trespass (RCW 78.44.330)

 

 

Possession of Stolen Property 2 (RCW 9A.56.160)

 

 

Reckless Burning 1 (RCW 9A.48.040)

 

 

Spotlighting Big Game 1 (RCW 77.15.450(3)(b))

 

 

Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))

 

 

Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)

 

 

Theft 2 (RCW 9A.56.040)

 

 

Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2))

 

 

Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at seven hundred fifty dollars or more but less than five thousand dollars) (RCW 9A.56.096(5)(b))

 

 

Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)

 

 

Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b))

 

 

Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

 

 

Unlawful Possession of Fictitious Identification (RCW 9A.56.320)

 

 

Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)

 

 

Unlawful Possession of Payment Instruments (RCW 9A.56.320)

 

 

Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)

 

 

Unlawful Production of Payment Instruments (RCW 9A.56.320)

 

 

Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))

 

 

Unlawful Trafficking in Food Stamps (RCW 9.91.142)

 

 

Unlawful Use of Food Stamps (RCW 9.91.144)

 

 

Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))

 

 

Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3))

 

 

Vehicle Prowl 1 (RCW 9A.52.095)

 

 

Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))

 

Sec. 21.  RCW 9.94A.533 and 2016 c 203 s 7 are each amended to read as follows:

(1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517.

(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by seventy-five percent.

(3) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the firearm enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

(a) Five years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;

(b) Three years for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;

(c) Eighteen months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;

(d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, all firearm enhancements under this subsection shall be twice the amount of the enhancement listed;

(e) Notwithstanding any other provision of law, all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be:

(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or

(ii) Released under the provisions of RCW 9.94A.730;

(f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun or bump-fire stock, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun or bump-fire stock in a felony;

(g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a firearm enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.

(4) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the deadly weapon enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

(a) Two years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;

(b) One year for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;

(c) Six months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;

(d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed;

(e) Notwithstanding any other provision of law, all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be:

(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or

(ii) Released under the provisions of RCW 9.94A.730;

(f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun or bump-fire stock, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun or bump-fire stock in a felony;

(g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.

(5) The following additional times shall be added to the standard sentence range if the offender or an accomplice committed the offense while in a county jail or state correctional facility and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section:

(a) Eighteen months for offenses committed under RCW 69.50.401(2) (a) or (b) or 69.50.410;

(b) Fifteen months for offenses committed under RCW 69.50.401(2) (c), (d), or (e);

(c) Twelve months for offenses committed under RCW 69.50.4013.

For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

(6) An additional twenty-four months shall be added to the standard sentence range for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435 or 9.94A.827. All enhancements under this subsection shall run consecutively to all other sentencing provisions, for all offenses sentenced under this chapter.

(7) An additional two years shall be added to the standard sentence range for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.

Notwithstanding any other provision of law, all impaired driving enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other impaired driving enhancements, for all offenses sentenced under this chapter.

An offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).

(8)(a) The following additional times shall be added to the standard sentence range for felony crimes committed on or after July 1, 2006, if the offense was committed with sexual motivation, as that term is defined in RCW 9.94A.030. If the offender is being sentenced for more than one offense, the sexual motivation enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to a sexual motivation enhancement. If the offender committed the offense with sexual motivation and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

(i) Two years for any felony defined under the law as a class A felony or with a statutory maximum sentence of at least twenty years, or both;

(ii) Eighteen months for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both;

(iii) One year for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both;

(iv) If the offender is being sentenced for any sexual motivation enhancements under (a)(i), (ii), and/or (iii) of this subsection and the offender has previously been sentenced for any sexual motivation enhancements on or after July 1, 2006, under (a)(i), (ii), and/or (iii) of this subsection, all sexual motivation enhancements under this subsection shall be twice the amount of the enhancement listed;

(b) Notwithstanding any other provision of law, all sexual motivation enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other sexual motivation enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be:

(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or

(ii) Released under the provisions of RCW 9.94A.730;

(c) The sexual motivation enhancements in this subsection apply to all felony crimes;

(d) If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a sexual motivation enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced;

(e) The portion of the total confinement sentence which the offender must serve under this subsection shall be calculated before any earned early release time is credited to the offender;

(f) Nothing in this subsection prevents a sentencing court from imposing a sentence outside the standard sentence range pursuant to RCW 9.94A.535.

(9) An additional one‑year enhancement shall be added to the standard sentence range for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on or after July 22, 2007, if the offender engaged, agreed, or offered to engage the victim in the sexual conduct in return for a fee. If the offender is being sentenced for more than one offense, the one‑year enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to the enhancement. If the offender is being sentenced for an anticipatory offense for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the offender attempted, solicited another, or conspired to engage, agree, or offer to engage the victim in the sexual conduct in return for a fee, an additional one‑year enhancement shall be added to the standard sentence range determined under subsection (2) of this section. For purposes of this subsection, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.

(10)(a) For a person age eighteen or older convicted of any criminal street gang-related felony offense for which the person compensated, threatened, or solicited a minor in order to involve the minor in the commission of the felony offense, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by one hundred twenty-five percent. If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence is the presumptive sentence unless the offender is a persistent offender.

(b) This subsection does not apply to any criminal street gang-related felony offense for which involving a minor in the commission of the felony offense is an element of the offense.

(c) The increased penalty specified in (a) of this subsection is unavailable in the event that the prosecution gives notice that it will seek an exceptional sentence based on an aggravating factor under RCW 9.94A.535.

(11) An additional twelve months and one day shall be added to the standard sentence range for a conviction of attempting to elude a police vehicle as defined by RCW 46.61.024, if the conviction included a finding by special allegation of endangering one or more persons under RCW 9.94A.834.

(12) An additional twelve months shall be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.831.

(13) An additional twelve months shall be added to the standard sentence range for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.520 or for vehicular assault committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.522, or for any felony driving under the influence (RCW 46.61.502(6)) or felony physical control under the influence (RCW 46.61.504(6)) for each child passenger under the age of sixteen who is an occupant in the defendant’s vehicle. These enhancements shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions. If the addition of a minor child enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.

(14) An additional twelve months shall be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.832.

Sec. 22.  RCW 13.40.193 and 2014 c 117 s 1 are each amended to read as follows:

(1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(2)(a)(((iii))) (iv), the court shall impose a minimum disposition of ten days of confinement. If the offender’s standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall not be released until the offender has served a minimum of ten days in confinement.

(2)(a) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040, the disposition must include a requirement that the respondent participate in a qualifying program as described in (b) of this subsection, when available, unless the court makes a written finding based on the outcome of the juvenile court risk assessment that participation in a qualifying program would not be appropriate.

(b) For purposes of this section, "qualifying program" means an aggression replacement training program, a functional family therapy program, or another program applicable to the juvenile firearm offender population that has been identified as evidence-based or research-based and cost-beneficial in the current list prepared at the direction of the legislature by the Washington state institute for public policy.

(3) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. If the offender or an accomplice was armed with a firearm when the offender committed any felony other than possession of a machine gun or bump-fire stock, possession of a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, or use of a machine gun or bump-fire stock in a felony, the following periods of total confinement must be added to the sentence: For a class A felony, six months; for a class B felony, four months; and for a class C felony, two months. The additional time shall be imposed regardless of the offense’s juvenile disposition offense category as designated in RCW 13.40.0357.

(4) When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.

(5) Any term of confinement ordered pursuant to this section shall run consecutively to any term of confinement imposed in the same disposition for other offenses.

NEW SECTION.  Sec. 23.  (1) Sections 1 and 2 of this act take effect July 1, 2018.

(2) Sections 3 through 9 of this act take effect July 1, 2019.

NEW SECTION.  Sec. 24.  Section 2 of this act expires July 1, 2019."

On page 1, line 1 of the title, after "to" strike the remainder of the title and insert "bump-fire stock; amending RCW 9.41.190, 9.41.190, 9.41.220, 9.41.225, 9.94A.475, 9.94A.533, and 13.40.193; reenacting and amending RCW 9.41.010 and 9.94A.515; prescribing penalties; providing effective dates; and providing an expiration date."

 

Senators Zeiger and Pedersen spoke in favor of adoption of the striking amendment.

The President Pro Tempore declared the question before the Senate to be the adoption of striking amendment no. 372 by Senators Fain and Zeiger to Senate Bill No. 5992.

The motion by Senator Zeiger carried and striking amendment no. 372 was adopted by a rising vote.

 

MOTION

 

On motion of Senator Van De Wege, the rules were suspended, Engrossed Senate Bill No. 5992 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

Senators Schoesler, Fortunato, Baumgartner, Wagoner and Ericksen spoke against passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5992.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5992 and the bill passed the Senate by the following vote:  Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

Voting yea: Senators Billig, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Fain, Frockt, Hasegawa, Hobbs, Hunt, Keiser, King, Kuderer, Liias, McCoy, Miloscia, Mullet, Nelson, Palumbo, Pedersen, Ranker, Rolfes, Saldaña, Takko, Van De Wege, Wellman and Zeiger

Voting nay: Senators Angel, Bailey, Baumgartner, Becker, Braun, Brown, Ericksen, Fortunato, Hawkins, Honeyford, O’Ban, Padden, Rivers, Schoesler, Sheldon, Short, Wagoner, Walsh, Warnick and Wilson

 

ENGROSSED SENATE BILL NO. 5992, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION

 

At 8:59 p.m., on motion of Senator Liias, the Senate adjourned until 10:00 o’clock a.m. Friday, January 26, 2018.

 

KAREN KEISER, President Pro Tempore of the Senate

 

BRAD HENDRICKSON, Secretary of the Senate

 

 



 


1058

Messages....................................................... 4

1085

Messages....................................................... 4

1095

Messages....................................................... 4

1618-SE

Messages....................................................... 4

1723-S

Other Action................................................ 10

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

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

1790

Messages....................................................... 4

1859-E

Messages....................................................... 4

1952-SE

Messages....................................................... 4

2201-E

Messages....................................................... 4

2332-E

Messages....................................................... 4

5028

Second Reading......................................... 8, 9

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

5102

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

Other Action.................................................. 4

5598

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

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

5818

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

5989

Second Reading............................................. 8

5989-S

Second Reading............................................. 8

Third Reading Final Passage......................... 8

5992

Other Action................................................ 11

Second Reading..................................... 11, 16

5992-E

Third Reading Final Passage....................... 25

5993

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

6007

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

Other Action.................................................. 4

6022

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

6040

Second Reading............................................. 7

Third Reading Final Passage......................... 7

6057

Second Reading............................................. 7

Third Reading Final Passage......................... 7

6059

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

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

6066

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

6070

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

6072

Other Action.................................................. 4

6073

Second Reading............................................. 8

Third Reading Final Passage......................... 8

6116

Committee Report......................................... 2

6117

Committee Report......................................... 2

6118

Committee Report......................................... 2

6121

Committee Report......................................... 2

6126

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

6126-S

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

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

6143

Other Action.................................................. 4

6160

Committee Report......................................... 2

6183

Second Reading............................................. 7

6183-S

Second Reading............................................. 8

Third Reading Final Passage......................... 8

6192

Committee Report......................................... 2

Other Action.................................................. 4

6205

Committee Report......................................... 2

6213

Committee Report......................................... 2

6214

Committee Report......................................... 3

6252

Committee Report......................................... 3

6258

Committee Report......................................... 3

6271

Committee Report......................................... 3

6287

Committee Report......................................... 3

6309

Committee Report......................................... 3

6332

Committee Report......................................... 3

6343

Committee Report......................................... 3

6379

Committee Report......................................... 3

6407

Committee Report......................................... 3

Other Action.................................................. 4

6452

Committee Report......................................... 3

6503

Committee Report......................................... 4

6556

Introduction & 1st Reading........................... 4

6557

Introduction & 1st Reading........................... 4

6558

Introduction & 1st Reading........................... 4

6559

Introduction & 1st Reading........................... 4

6560

Introduction & 1st Reading........................... 4

6561

Introduction & 1st Reading........................... 4

6562

Introduction & 1st Reading........................... 5

6563

Introduction & 1st Reading........................... 5

6564

Introduction & 1st Reading........................... 5

8215

Introduction & 1st Reading........................... 5

8688

Adopted......................................................... 5

Introduced...................................................... 5

8689

Adopted......................................................... 6

Introduced...................................................... 5

9026 Durand, Lou Oma

Committee Report......................................... 4

9233 Johnson, Jack G.

Confirmed...................................................... 6

9234 Gardow, Kathryn

Confirmed...................................................... 7

9249 Ammons, David L.

Confirmed...................................................... 6

9340 Hunter, Ross

Committee Report......................................... 4