MORNING SESSION

Senate Chamber, Olympia

Monday, February 12, 2018

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

The Sergeant at Arms Color Guard consisting of Pages Miss Isha Singh and Mr. Kavi Singh, presented the Colors.

Miss Skylah Brinkerhoff led the Senate in the Pledge of Allegiance.

The prayer was offered by Rabbi Yosef Schtroks Director, Chabad Jewish Center of Olympia, Tumwater.

MOTION

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

MOTION

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

MESSAGE FROM STATE OFFICERS

Department of Agriculture – “Preliminary Assessment of Allowing Industrial Hemp to Be Sold or Transferred to Marijuana Processors”, in accordance with Engrossed Substitute Senate Bill No. 5131;

Department of Corrections – “Extraordinary Medical Placement Report for 2016”, pursuant to 72.09.620 RCW;

Office of the Superintendent of Public Instruction – “Special Education Safety Net Workgroup: Interim Report”, in accordance with Engrossed House Bill No. 2242;

Department of Social & Health Services – “Juvenile Firearm and Gang Offenders, 2017 Report”, pursuant to Substitute Senate Bill No. 5883;

“Foster and Adoptive Home Placement Annual Report for 2017”, pursuant to 74.13.031 RCW;

“Violations, Penalties, and Actions Relating to Persons on Conditional Release to a Less Restrictive Placement, 2017 Report”, pursuant to 71.09.325 RCW;

“Juvenile Court Block Grant Report for 2017”, pursuant to 13.40.540 RCW;

“Evidence-Based Practice Institute, A Plan to Seek Additional Funding for 2017/18”, pursuant to Substitute Senate Bill No. 5883;

“Agency Fees for Review and Approval of Mental Health and Substance Use Disorder Treatment Programs”, in accordance with Substitute Senate Bill No. 5883.

The reports listed were submitted to the Secretary of the Senate and made available online by the Office of the Secretary.

MOTION

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

MOTION

Senator Hasegawa moved adoption of the following resolution:

SENATE RESOLUTION

8706

By Senators Hasegawa, Hobbs, Brown, Ranker, Billig, Saldaña, Wagoner, Kuderer, Conway, and Takko

WHEREAS, Seventy-six years ago, on February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066, which deprived all Japanese-Americans of their constitutional liberties without due process of law, and which authorized the United States military to forcibly remove and incarcerate more than 120,000 persons of Japanese ancestry from the West Coast, including 13,000 Japanese-American residents of Washington State; and

WHEREAS, The first civilian evacuation order gave Japanese-Americans from Bainbridge Island less than one week to leave behind homes, personal belongings, farms, businesses, friends, and family, allowed them only two suitcases of personal belongings, and transported them to hastily constructed detention centers, like Camp Harmony located in the horse stalls on the grounds of the Washington State Fair in Puyallup where they were held until more permanent concentration camps could be built in more remote locations, like Hunt, Idaho (Minidoka) and Tule Lake, California, which is where most Japanese-Americans from the Puget Sound region were held; and

WHEREAS, This drastic course of action allegedly aimed to prevent acts of espionage and sabotage by Japanese-Americans who were deemed untrustworthy and disloyal to the United States even though no evidence was ever presented to support such distrust; and

WHEREAS, On March 23, 1943, the War Department organized a segregated unit of Japanese-Americans, and, from within those American concentration camps where they and their families were incarcerated, surrounded by barbed wire and armed guards, thousands responded to questions of their loyalty and patriotism by volunteering to serve in the segregated Army unit known as the 442nd Regimental Combat Team, which went on to amass a battle record unmatched in United States military history earning 7 Presidential Unit Citations, 21 Medals of Honor, 29 Distinguished Service Crosses, a Distinguished Service Medal, 588 Silver Stars, more than 4,000 Bronze Stars, 22 Legion of Merit Medals, 15 Soldier's Medals, 9,486 Purple Hearts, and a total of 16 decorations from the governments of France and Italy; and

WHEREAS, Equally loyal and patriotic Japanese-Americans fought to protect our constitutional rights and liberties through dissent, like Minoru Yasui, Fred Korematsu, and University of Washington student Gordon Hirabayashi who was arrested, convicted, and imprisoned for defying the military curfew on select civilians and challenging the constitutionality of the exclusion and incarceration orders; and

WHEREAS, Korematsu and Hirabayashi were eventually awarded the Presidential Medal of Freedom for their principled actions and sacrifices; and

WHEREAS, In 1982, the Congressional Commission on Wartime Relocation and Internment of Civilians found "no military or security reason for the internment" of persons of Japanese ancestry, but instead found the denial of constitutional rights "was caused by racial prejudice, war hysteria, and a failure of political leadership"; and

WHEREAS, In 1976, President Gerald Ford rescinded Executive Order 9066 saying, "I call upon the American people to affirm with me this American Promise—that we have learned from the tragedy of that long-ago experience forever to treasure liberty and justice for each individual American, and resolve that this kind of action shall never again be repeated"; and

WHEREAS, In 1979, newly elected Washington State Congressman Mike Lowry introduced H.R. 5977 which would become The Civil Liberties Act of 1988 when signed 10 years later by President Ronald Reagan who said, "So what is most important in this bill has less to do with property than with honor, for here, we admit a wrong. Here we reaffirm our commitment as a nation to equal justice under the law"; and

WHEREAS, In 2010, the United States Congress recognized the unparalleled record of Nisei soldiers by awarding the Congressional Gold Medal to the 100th Infantry Battalion, the 442nd Regimental Combat Team, who fought in Europe, and the Military Intelligence Service (MIS) of the U.S. Army who fought in the Pacific Theater as interpreters and code breakers; and

WHEREAS, Throughout Washington State, survivors of the European and Asian Pacific battlefields of World War II and of American incarceration camps continue to live their golden years in quiet contrast to their extraordinary acts of patriotism, conscience, and valor;

NOW, THEREFORE, BE IT RESOLVED, That on this 76th Anniversary of the signing of Executive Order 9066, the Senate, along with the people of Washington State, pause to acknowledge and reflect on the significance of Executive Order 9066 and its effect in denying constitutional freedoms and protections. We also reflect on our democracy's greatness in recognizing the need to correct this failure, and the need for constant vigilance to protect our constitutional rights and freedoms; and

BE IT FURTHER RESOLVED, That the Senate recognize the Japanese-American internees, constitutional protectors, and World War II veterans from the State of Washington, honor their patience, heroism, sacrifice, and loyalty, and remember the lessons, rights, and responsibilities that come with the phrase, "liberty and justice for all"; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Nisei Veterans Committee, the Military Intelligence Service-Northwest Association, the Japanese-American Citizens League National and Seattle Chapter, the Japanese Cultural & Community Center of Washington State, the Japanese American National Museum, and the Wing Luke Museum of the Asian Pacific American Experience.

Senators Hasegawa, Hobbs, Brown, Rolfes, Zeiger, Chase and Fortunato spoke in favor of adoption of the resolution.

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8706.

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

MOTION

Senator Liias moved that Rule 15 be suspended for the remainder of the day for the purposes of allowing continued floor action.

Editor’s Note: Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions.

Senator Fain objected to the motion by Senator Liias.

Senator Liias spoke in favor of the motion to suspend Rule 15 for the remainder of the day.

MOTION

On motion of Senator Bailey, Senators Baumgartner and Walsh were excused.

Senator Fain spoke against the motion to suspend Rule 15 for the remainder of the day.

The President declared the question before the Senate to be the motion by Senator Liias that Senate Rule 15 be suspended for the remainder of the day.

The motion by Senator Liias carried and Senate Rule 15 was suspended for the remainder of the day by a rising vote.

MOTION TO LIMIT DEBATE

Pursuant to Rule 29, on motion of Senator Liias and without objection, senators were limited to speaking but once and for no more than three minutes on each question under debate for the remainder of the day by voice vote.

MOTION

At 9:42 a.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President.

Senator Fain announced a meeting of the Republican Caucus immediately.

Senator McCoy announced a meeting of the Democratic Caucus immediately.

The Senate was called to order at 11:15 a.m. by President Habib.

MOTION

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

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Frockt moved that Joel Benoliel, Senate Gubernatorial Appointment No. 9149, be confirmed as a member of the University of Washington Board of Regents.

Senator Frockt spoke in favor of the motion.

APPOINTMENT OF JOEL BENOLIEL

The President declared the question before the Senate to be the confirmation of Joel Benoliel, Senate Gubernatorial Appointment No. 9149, as a member of the University of Washington Board of Regents.

The Secretary called the roll on the confirmation of Joel Benoliel, Senate Gubernatorial Appointment No. 9149, as a member of the University of Washington Board of Regents and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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, Warnick, Wellman, Wilson and Zeiger

Excused: Senators Baumgartner and Walsh

Joel Benoliel, Senate Gubernatorial Appointment No. 9149, having received the constitutional majority was declared confirmed as a member of the University of Washington Board of Regents.

MOTION

Senator Pedersen moved that Elyse M. Balmert, Senate Gubernatorial Appointment No. 9260, be confirmed as a member of the Indeterminate Sentence Review Board.

Senator Pedersen spoke in favor of the motion.

APPOINTMENT OF ELYSE M. BALMERT

The President declared the question before the Senate to be the confirmation of Elyse M. Balmert, Senate Gubernatorial Appointment No. 9260, as a member of the Indeterminate Sentence Review Board.

The Secretary called the roll on the confirmation of Elyse M. Balmert, Senate Gubernatorial Appointment No. 9260, as a member of the Indeterminate Sentence Review Board and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Baumgartner and Walsh

Elyse M. Balmert, Senate Gubernatorial Appointment No. 9260, having received the constitutional majority was declared confirmed as a member of the Indeterminate Sentence Review Board.

MOTION

Senator Mullet moved that Greg B. Markley, Senate Gubernatorial Appointment No. 9291, be confirmed as a member of the State Investment Board.

Senator Mullet spoke in favor of the motion.

APPOINTMENT OF GREG B. MARKLEY

The President declared the question before the Senate to be the confirmation of Greg B. Markley, Senate Gubernatorial Appointment No. 9291, as a member of the State Investment Board.

The Secretary called the roll on the confirmation of Greg B. Markley, Senate Gubernatorial Appointment No. 9291, as a member of the State Investment Board and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Baumgartner and Walsh

Greg B. Markley, Senate Gubernatorial Appointment No. 9291, having received the constitutional majority was declared confirmed as a member of the State Investment Board.

MOTION

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

MESSAGE FROM THE HOUSE

February 9, 2018

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1047,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1600,

ENGROSSED FOURTH SUBSTITUTE HOUSE BILL NO. 1827,

ENGROSSED HOUSE BILL NO. 2259,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2489,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2565,

ENGROSSED HOUSE BILL NO. 2570,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2578,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2839,

and the same are herewith transmitted.

NONA SNELL, Deputy Chief Clerk

MOTION

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

SECOND READING

SENATE BILL NO. 6034, by Senators Rolfes, Sheldon, Angel, Hunt, Chase, Kuderer and Hasegawa

Authorizing limited retail telecommunications services for public utility districts that provide only sewer, water, and telecommunications on the effective date of this act.

MOTION

On motion of Senator Rolfes, Substitute Senate Bill No. 6034 was substituted for Senate Bill No. 6034 and the substitute bill was placed on the second reading and read the second time.

MOTION

Senator Rolfes moved that the following striking amendment no. 496 by Senator Rolfes be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 54.16 RCW to read as follows:

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Broadband" means networks of deployed telecommunications equipment and technologies necessary to provide high-speed internet access and other advanced telecommunications services.

(b) "Inadequate" means internet retail service that does not meet one hundred percent of the standards detailed in the service level agreement.

(c) "Partnership payment structure" means a group of or individual property owners who agree to pay a term payment structure for infrastructure improvements to their property.

(d) "Petition" means a formal written request for retail internet service by property owners on the public utility district broadband network.

(e) "Service level agreement" means a standard agreement, adopted during an open public meeting, between the retail internet service provider and the public utility that describes the required percentage of broadband download and upload speed and system availability, customer service, and transmission time.

(2) Any public utility district that, as of the effective date of this section, provides only water, sewer, and wholesale telecommunications services in a county with an area less than five hundred square miles and is located west of the Puget Sound may provide end-user internet services to end users on the public utility district's broadband network located within the public utility district boundaries only when all of the existing providers of end-user internet service on the public utility district's broadband network cease to provide end-user service or provide inadequate end-user service as determined in the manner prescribed by this section.

(3) Upon receiving a petition meeting the requirements of subsection (4) of this section, a public utility district board of commissioners may hold up to three meetings to:

(a) Verify the signature or signatures of the property owners on the petition and certify the petition;

(b) Determine and submit findings that the retail internet service available to the petitioners served by the public utility district's broadband network is either nonexistent or inadequate as defined in the service level agreement adopted by the commissioners for all existing internet service providers on the public utility district's broadband network; and

(c) By resolution, authorize the public utility district to provide retail internet service to end users on the public utility district's broadband network.

(4) A petition meets the requirements of subsection (3) of this section if it is delivered to a public utility district board of commissioners, declares that the signatories on the public utility district's broadband network have no or inadequate retail internet service providers, requests the public utility district to provide the retail internet service, and is signed by one of the following:

(a) A majority of a group, including homeowners' associations, of any geographical area within the public utility district, who have developed a partnership payment structure to finance broadband deployment with the public utility district; or

(b) Any individual who has developed a partnership payment structure to finance broadband deployment with the public utility district.

(5) For the purposes of this section, the adequacy of retail internet service is determined by measuring retail internet service to end users on the public utility district's broadband network and comparing it with service standards in the public utility district service level agreement used for all public utility district network providers. Measurement of the existing retail internet service provider's service must be quantified by measuring the service with speed and capacity devices and software. Additionally, a retail internet service provider may submit its own assessment of its service level for consideration by the commission within thirty days of the first meeting conducted under subsection (3) of this section.

(6) The commissioners of a public utility district may by resolution authorize the public utility district to provide or contract for provision of internet services to end users on the public utility district's broadband network when it is determined that no service or inadequate service exists for the individual or petitioners identified in subsection (4) of this section.

(7)(a) Except as provided in subsection (8) of this section, in case of failure to reach an agreement on the adequacy of retail internet service, the commissioners must request an appointment of an administrative law judge under Title 34 RCW to hear the dispute.

(b) The commissioners must provide a written notice, together with a copy of the dispute, and may require the disputing parties to attend a hearing before the administrative law judge, at a time and place to be specified in the written notice.

(c) The place of any such hearing may be the office of the commissioners or another place designated by the commissioners. The disputed information must be presented at the hearing.

(d) Upon review and consideration of all of the evidence, the administrative law judge must determine if the retail internet service is inadequate or nonexistent as defined in this section. Upon making a determination, the administrative law judge must state findings of fact and must issue and file a determination with the commissioners.

(8) If a provider of end-user service is a company regulated by the utilities and transportation commission, the company may choose to have the commission resolve disputes concerning the service level agreement under the process established in RCW 54.16.340. For the purposes of this subsection, "company" includes subsidiaries or affiliates.

(9) Any public utility district providing cable television service under this section must secure a cable television franchise, pay franchise fees, and any applicable taxes to the local cable franchise authority as required by federal law.

(10) Except as provided in subsection (8) of this section, nothing in this section may be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.

(11) All rates for retail internet services offered by a public utility district under this section must be fair and nondiscriminatory, except the public utility district may set tiers of service charges based on service demands of the end user, including commercial and residential rates.

NEW SECTION. Sec. 2. A new section is added to chapter 34.12 RCW to read as follows:

When requested by the public utility district commissioners, the chief administrative law judge shall assign an administrative law judge to conduct proceedings under section 1 of this act."

On page 1, line 3 of the title, after "act;" strike the remainder of the title and insert "adding a new section to chapter 54.16 RCW; and adding a new section to chapter 34.12 RCW."

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

The President declared the question before the Senate to be the adoption of striking amendment no. 496 by Senator Rolfes to Substitute Senate Bill No. 6034.

The motion by Senator Rolfes carried and striking amendment no. 496 was adopted by voice vote.

MOTION

On motion of Senator Rolfes, the rules were suspended, Engrossed Substitute Senate Bill No. 6034 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Rolfes, Angel and Sheldon spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6034.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6034 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

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, Sheldon, Takko, Van De Wege, Wagoner, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senators Schoesler and Short

Excused: Senators Baumgartner and Walsh

ENGROSSED SUBSTITUTE SENATE BILL NO. 6034, 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. 5450, by Senators Liias, Warnick, Ranker, Fain, Miloscia, Zeiger, Wilson, McCoy, Chase, Mullet and Frockt

Concerning the use of cross-laminated timber for building construction.

The measure was read the second time.

MOTION

Senator Takko moved that the following striking amendment no. 578 by Senators Liias and Takko be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 19.27 RCW to read as follows:

(1) As used in this section, "mass timber products" means a type of building component or system that uses large panelized wood construction, including:

(a) Cross-laminated timber;

(b) Nail laminated timber;

(d) Laminated strand timber;

(e) Dowel laminated timber;

(f) Laminated veneer lumber;

(g) Structural composite lumber; and

(h) Wood concrete composites.

(2) The building code council shall adopt rules for the use of mass timber products for residential and commercial building construction. Rules adopted for the use of mass timber products by the state building code council must consider applicable national and international standards."

On page 1, line 1 of the title, after "of" strike the remainder of the title and insert "mass timber for building construction; and adding a new section to chapter 19.27 RCW."

Senators Takko and Short spoke in favor of adoption of the striking amendment.

The President declared the question before the Senate to be the adoption of striking amendment no. 578 by Senators Liias and Takko to Senate Bill No. 5450.

The motion by Senator Takko carried and striking amendment no. 578 was adopted by voice vote.

MOTION

On motion of Senator Liias, the rules were suspended, Engrossed Senate Bill No. 5450 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Liias, Short, Sheldon and Padden spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5450.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5450 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

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

Voting nay: Senators Honeyford and Schoesler

Excused: Senators Baumgartner and Walsh

ENGROSSED SENATE BILL NO. 5450, 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. 5493, by Senators Conway, Hasegawa, Keiser, Miloscia, Hobbs, Takko, Wellman, Chase, Darneille, Hunt and Saldaña

Establishing the prevailing rate of wage based on collective bargaining agreements or other methods if collective bargaining agreements are not available.

MOTIONS

On motion of Senator Conway, Substitute Senate Bill No. 5493 was substituted for Senate Bill No. 5493 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Conway, the rules were suspended, Substitute Senate Bill No. 5493 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

Senator Braun spoke against passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5493.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5493 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2.

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

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

Excused: Senators Baumgartner and Walsh

SUBSTITUTE SENATE BILL NO. 5493, 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. 6140, by Senators King, Van De Wege and Sheldon

Promoting the efficient and effective management of state-managed lands.

The measure was read the second time.

WITHDRAWAL OF AMENDMENT

On motion of Senator Rolfes and without objection, the following amendment no. 430 by Senator Rolfes on page 5, line 4 to Senate Bill No. 6140 was withdrawn.

On page 5, after line 4, insert the following:

"NEW SECTION. Sec. 6. (1) Within existing appropriations, the department of natural resources must prepare an evaluation of use authorizations and leases of state-owned aquatic lands for industrial and commercial uses in existence on January 1, 2018, except for use authorizations and leases for purposes of marinas and moorage. The evaluation must include:

(a) A summary of each lease and use authorization, including lease term, rental rate, and use conditions;

(b) A listing of annual revenues obtained from each lease and use authorization;

(d) A summary of actual inspections conducted and monitoring reports submitted over the previous ten years relating to compliance with the terms of the lease or use authorization as well as compliance with all applicable water quality and other local, state, or federal environmental, public health, and safety standards;

(e) A description of the applicable requirements for inspection and monitoring under the terms of the leases and use authorizations as well as other applicable local, state, and federal regulatory requirements;

(f) A summary of any lease and use authorization compliance activities performed by the department to ensure the protection of the state's aquatic resources, consistent with RCW 79.105.010, is maintained.

(2) The department of natural resources must submit the evaluation, including any recommendations for legislative or administrative actions, to the appropriate policy and fiscal committees of the senate and house of representatives by December 1, 2018."

Renumber the remaining section consecutively and correct any internal references accordingly.

On page 1, line 3 of the title, after "79.17.200;" insert "creating a new section;"

WITHDRAWAL OF AMENDMENT

On motion of Senator Rolfes and without objection, the following amendment no. 495 by Senator Rolfes on page 5, line 4 to Senate Bill No. 6140 was withdrawn.

On page 5, after line 4, insert the following:

"NEW SECTION. Sec. 6. (1) Within existing appropriations, the department of natural resources must prepare an evaluation of leases and easements of state-owned aquatic lands for industrial and commercial uses in existence on January 1, 2018, except leases for purposes of marinas and moorage. The evaluation must include:

(a) A summary of each lease and easement, including lease term, rental rate, and use conditions;

(b) A listing of annual revenues obtained from each lease and easement;

(d) A summary description of inspection and monitoring efforts completed over the previous ten years relating to compliance with the terms of the lease or easement as well as compliance with all applicable water quality and other local, state, or federal environmental, public health, and safety standards;

(e) A summary description of the applicable requirements for inspection and monitoring under the terms of the leases and easements as well as other applicable local, state, and federal regulatory requirements;

(f) A summary description of the lease and easement compliance activities performed by the department to ensure the protection of the state's aquatic resources, consistent with RCW 79.105.010, is maintained.

Renumber the remaining section consecutively and correct any internal references accordingly.

On page 1, line 3 of the title, after "79.17.200;" insert "creating a new section;"

MOTION

Senator Van De Wege moved that the following amendment no. 514 by Senators Braun and Van De Wege be adopted:

On page 5, after line 4, insert the following:

"NEW SECTION. Sec. 6. A new section is added to chapter 79.10 RCW under the subchapter heading "general provisions" to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose, the department must evaluate the department's lands portfolio and revenue streams, management practices, and transaction processes, and develop options and recommendations designed to ensure the state's fiduciary duty is being met and increase the amount and stability of revenue from state lands and state forestland over time. The evaluation must seek to account for the volatility of forest product markets and consider ways to mitigate the impact of market downturns on its revenues.

(a) The evaluation must specifically include an analysis of options that would leverage the earning potential for high value, low performing portions of state lands, with suggested legislative recommendations to enhance revenue generation from these types of lands, including transitioning lower performing assets to higher revenue production.

(b) The evaluation must develop alternatives and recommendations relating to fully addressing the existing arrearage volume, including annual updates to the appropriate committees of the legislature on specific progress towards meeting, and the updated timeline to fully address, this shortfall within the ten-year time frame identified by the board of natural resources in November 2017.

(c) The evaluation must evaluate and develop alternatives and recommendations relating to calculating and addressing arrearage, with a particular focus on ensuring the stability of revenue from state lands and state trust lands over time.

(d) The evaluation must include an assessment of factors that restrict the department from prudent management and revenue production.

(e) Regarding state forestlands, the evaluation must specifically include an analysis of options and recommendations for:

(i) The creation of a unitary trust for the revenue derived from state forestlands. The evaluation must include methods for allocating disbursements to the benefiting counties, and include consultation with the affected counties and their association;

(ii) Any alternative management focus, such as returning the lands to the counties for their management, leasing the lands to private timber investment management organizations, and transition of lands into higher revenue producing assets; and

(iii) Any other options for legislative consideration.

(2) The department must develop methods or tools to estimate the current asset value of state lands and state forestlands, as defined in RCW 79.02.010. The methods should be designed to be as accurate and resource efficient as possible and be designed to allow repeated estimates over time. The methods must allow for the segregation of different asset classes, and at a minimum allow for the tracking values over time for the following: Forestland, irrigated agricultural land, nonirrigated agricultural land, and commercial real estate land. The department may recommend other asset classes to track in addition to those listed.

(3) The department may utilize the services of a contractor for any portion of the evaluation, analysis, and tool and method development required by this section.

(4) The department must provide a final report to the appropriate committees of the senate and house of representatives by June 30, 2020, that includes the evaluation, analysis, and tools and methods required by this section. The department must provide progress reports by December 1, 2018, and December 1, 2019.

NEW SECTION. Sec. 7. (1) Within existing appropriations, the department of natural resources must prepare an evaluation of leases and easements of state-owned aquatic lands for industrial and commercial uses in existence on January 1, 2018, except leases for purposes of marinas and moorage. The evaluation must include:

(a) A summary of each lease and easement, including lease term, rental rate, and use conditions;

(b) A listing of annual revenues obtained from each lease and easement;

Renumber the remaining section consecutively and correct any internal references accordingly.

On page 1, line 3 of the title, after "79.17.200;" insert "adding a new section to chapter 79.10 RCW; creating a new section;"

Senators Van De Wege, Braun, King and Wellman spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of amendment no. 514 by Senators Braun and Van De Wege on page 5, after line 4 to Senate Bill No. 6140.

The motion by Senator Van De Wege carried and amendment no. 514 was adopted by voice vote.

MOTION

On motion of Senator King, the rules were suspended, Engrossed Senate Bill No. 6140 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator King spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6140.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6140 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

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

Voting nay: Senators Billig, Frockt, Hasegawa and Liias

Excused: Senators Baumgartner and Walsh

ENGROSSED SENATE BILL NO. 6140, 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. 6230, by Senators Conway, Chase, Saldaña, Wellman, Hasegawa, Keiser and Hunt

Concerning the collective bargaining rights of the professional personnel of port districts.

The measure was read the second time.

MOTION

Senator Takko moved that the following amendment no. 428 by Senator Takko be adopted:

On page 1, after line 18, insert the following:

"Sec. 2. RCW 53.18.060 and 1967 c 101 s 6 are each amended to read as follows:

No labor agreement or contract entered into by a port district shall:

(1) Restrict the right of the port district in its discretion to hire;

(2) Limit the right of the port to secure its regular or steady employees from the local community; ((~~and~~))

(3) Include within the same agreements: (a) Port security personnel((~~, or~~)) and (b) port supervisory personnel; and

(4) Include within the same bargaining unit: (a) Port professional personnel and (b) port supervisory personnel."

On page 1, line 2 of the title, after "53.18.010" insert "and 53.18.060"

Senators Takko, Braun and Conway spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of amendment no. 428 by Senator Takko on page 1, after line 18 to Senate Bill No. 6230.

The motion by Senator Takko carried and amendment no. 428 was adopted by voice vote.

MOTION

On motion of Senator Conway, the rules were suspended, Engrossed Senate Bill No. 6230 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6230.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6230 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.

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

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

Excused: Senators Baumgartner and Walsh

ENGROSSED SENATE BILL NO. 6230, 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. 6187, by Senators Palumbo, Carlyle, McCoy, Hobbs, Wellman, Sheldon, Hawkins, Mullet, Conway and Brown

Concerning the electrification of transportation.

MOTION

On motion of Senator Palumbo, Substitute Senate Bill No. 6187 was substituted for Senate Bill No. 6187 and the substitute bill was placed on the second reading and read the second time.

MOTION

Senator Ericksen moved that the following amendment no. 534 by Senator Ericksen be adopted:

On page 2, line 38, after "rebates." insert "Incentive programs offered under this subsection may not increase costs to ratepayers in excess of one-quarter of one percent."

On page 3, line 25, after "rebates." insert "Incentive programs offered under this subsection may not increase costs to customers in excess of one-quarter of one percent."

Senators Ericksen and Palumbo spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of amendment no. 534 by Senator Ericksen on page 2, line 38 to Substitute Senate Bill No. 6187.

The motion by Senator Ericksen carried and amendment no. 534 was adopted by voice vote.

MOTION

On motion of Senator Palumbo, the rules were suspended, Engrossed Substitute Senate Bill No. 6187 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Palumbo and Ericksen spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6187.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6187 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Billig, Braun, Carlyle, Chase, 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, Sheldon, Takko, Van De Wege, Wellman and Zeiger

Voting nay: Senators Becker, Brown, Hasegawa, Schoesler, Short, Wagoner, Warnick and Wilson

Excused: Senators Baumgartner and Walsh

ENGROSSED SUBSTITUTE SENATE BILL NO. 6187, 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 12:14 p.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President for the purposes of lunch and caucuses.

Senator Becker announced a meeting of the Republican Caucus at 12:45 p.m.

Senator McCoy announced a meeting of the Democratic Caucus at 1:15 p.m.

AFTERNOON SESSION

The Senate was called to order at 2:26 p.m. by President Habib.

SECOND READING

SENATE BILL NO. 6407, by Senator Darneille

Concerning private case management of child welfare services.

The measure was read the second time.

MOTION

On motion of Senator Darneille, the rules were suspended, Senate Bill No. 6407 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Darneille spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6407.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6407 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Baumgartner and Walsh

SENATE BILL NO. 6407, 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. 5539, by Senators Billig, Padden, Pedersen and Baumgartner

Creating a pilot program for the supervision of motor vehicle-related felonies.

The measure was read the second time.

MOTION

On motion of Senator Billig, the rules were suspended, Senate Bill No. 5539 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of Senate Bill No. 5539.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5539 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Becker, Billig, 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, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senator Braun

Excused: Senators Baumgartner and Walsh

SENATE BILL NO. 5539, 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. 6368, by Senators Warnick, Honeyford and Van De Wege

Updating laws concerning agricultural fairs, youth shows, and exhibitions.

The measure was read the second time.

MOTION

On motion of Senator Warnick, the rules were suspended, Senate Bill No. 6368 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Warnick, Chase and Becker spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6368.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6368 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Baumgartner and Walsh

SENATE BILL NO. 6368, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the family of Senator Rivers who were seated in the gallery and recognized by the senate: Mr. Fred Rivers, husband; Ms. Jinny Lisac, mother in law; Mrs. Jennifer Rivers, sister in law; and Mr. Derick Rivers, son.

PERSONAL PRIVILEGE

Senator Rivers: “Thank you. Mr. President, I am so honored to have my family here today. Some of them have travelled from far distances and it is really, it is such a great moment for me that they can see the pride that I take in this body and in this institution and my colleagues and the work we are doing here. So, thank you so much for recognizing them and I just want everyone to know that they are just awesome people, even though they are my in-laws, they are amazing. And I am glad they could be here to see us hard at work. Thank you.”

SECOND READING

SENATE BILL NO. 6529, by Senators Saldaña, Ranker, Cleveland, Rolfes, Van De Wege, Miloscia, Chase, Conway, McCoy, Hunt, Keiser and Hasegawa

Protecting agricultural workers and community members from pesticides.

MOTION

On motion of Senator Saldaña, Second Substitute Senate Bill No. 6529 was substituted for Senate Bill No. 6529 and the substitute bill was placed on the second reading and read the second time.

WITHDRAWAL OF AMENDMENT

On motion of Senator Warnick and without objection, the following amendment no. 508 by Senators Saldaña and Warnick on page 1, line 3 to Second Substitute Senate Bill No. 6529 was withdrawn.

On page 1, after line 3, insert the following:

"NEW SECTION. Sec. 3. (1) The legislature finds that farmers, farmworkers, and the broader community share an interest in minimizing human exposure to pesticide.

(2) The legislature recognizes that huge gains in minimizing human exposure have been made by the agricultural industry through a combination of scientific advancements, ongoing education and training, usage of safety equipment, improved technologies, and proper monitoring and regulation. In 2014, the legislature created a temporary farm work group that included representatives of both growers and workers. The 2014 farm work group jointly identified administrative recommendations to minimize public health issues posed by pesticide drift. The 2014 farm work group recognized that following necessary operating procedures and best management practices, thorough operator training, and good communication prevents or greatly reduces pesticide drift exposure. Through such collaborative efforts, the state has had significant gains in decreasing pesticide exposure on farms.

(3) The legislature finds that collaboration between state agencies and the farming community can assist in further minimizing exposure of agricultural workers to pesticide drift."

Renumber the remaining section consecutively and correct any internal references accordingly.

On page 1, line 6, after "applications." insert "The work group shall:

(a) Review existing state and federal laws regulating pesticides and their application;

(b) Arrange for a presentation on new pesticide application technology; and

(c) Review the reports of the former pesticide incident reporting and tracking review panel created under RCW 70.104.080 (repealed)."

On page 1, line 2 of the title, after "and" strike the remainder of the title and insert "creating new sections."

MOTION

Senator Warnick moved that the following amendment no. 593 by Senators Saldaña and Warnick be adopted:

On page 1, after line 3, insert the following:

"NEW SECTION. Sec. 4. (1) The legislature finds that farmers, farmworkers, and the broader community share an interest in minimizing human exposure to pesticide.

(3) The legislature finds that collaboration between state agencies and the farming community can assist in further minimizing exposure of agricultural workers to pesticide drift.

(4) This section expires December 31, 2018."

Renumber the remaining section consecutively and correct any internal references accordingly.

On page 1, line 6, after "applications." insert "The work group shall:

(a) Review existing state and federal laws regulating pesticide safety and application;

(b) Arrange for a presentation on new pesticide application technology and review other technologies used throughout the nation to increase pesticide application safety;

(c) Review the structure of the former pesticide incident reporting and tracking review panel created under RCW 70.104.080 (repealed) to determine whether a similar group should be created; and

(d) Review current data and reports from Washington state agencies and relevant agencies in other states that may be helpful in developing strategies to improve pesticide application safety."

On page 2, after line 32, insert the following:

"(8) This section expires December 31, 2018."

On page 1, line 2 of the title, after "group;" strike the remainder of the title and insert "creating new sections; and providing expiration dates."

Senators Warnick and Saldaña spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of amendment no. 593 by Senators Saldaña and Warnick on page 1, after line 3 to Second Substitute Senate Bill No. 6529.

The motion by Senator Warnick carried and amendment no. 593 was adopted by voice vote.

MOTION

On motion of Senator Saldaña, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6529 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 6529.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6529 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, 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, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senators Ericksen and Wagoner

Excused: Senators Baumgartner and Walsh

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6529, 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. 5700, by Senators Ranker, Rivers, Liias, Pedersen, Darneille, Chase and Kuderer

Requiring training for long-term care providers on the needs of the LGBTQ population.

MOTION

On motion of Senator Ranker, Substitute Senate Bill No. 5700 was substituted for Senate Bill No. 5700 and the substitute bill was placed on the second reading and read the second time.

WITHDRAWAL OF AMENDMENT

On motion of Senator Ranker and without objection, the following amendment no. 570 by Senator Ranker to Substitute Senate Bill No. 5700 was withdrawn.

Strike everything after the enacting clause and insert the following:

"Sec. 5. RCW 74.39A.341 and 2015 c 152 s 3 are each amended to read as follows:

(1) All long-term care workers shall complete twelve hours of continuing education training in advanced training topics each year. ((~~This requirement applies beginning July 1, 2012.~~))

(2) Of the twelve hours of continuing education training required by subsection (1) of this section, two hours must provide cultural competency training on issues relating to the LGBTQ population as follows:

(a) Long-term care workers who are licensed on or after the effective date of this section must complete the one-time training by their next continuing education due date after December 31, 2019;

(b) After completing the one-time training, long-term care workers are not required to take the one-time training again until the department approves changes to the curriculum. If there are approved changes in the curriculum based upon revised department competencies, all long-term care workers must take the new curriculum as set forth in the Washington administrative code.

(3) Completion of continuing education as required in this section is a prerequisite to maintaining home care aide certification under chapter 18.88B RCW.

((~~(3)~~)) (4) Unless voluntarily certified as a home care aide under chapter 18.88B RCW, subsection (1) of this section does not apply to:

(a) An individual provider caring only for his or her biological, step, or adoptive child;

(b) Registered nurses and licensed practical nurses licensed under chapter 18.79 RCW;

~~(d)~~)) A person working as an individual provider who provides twenty hours or less of care for one person in any calendar month; or

((~~(e)~~)) (d) A person working as an individual provider who only provides respite services and works less than three hundred hours in any calendar year.

((~~(4)~~)) (5) Only training curriculum approved by the department may be used to fulfill the training requirements specified in this section. The department shall only approve training curriculum that:

(a) Has been developed with input from consumer and worker representatives; ((~~and~~))

(b) Requires comprehensive instruction by qualified instructors; and

(c) For the one-time training described in subsection (2) of this section, contributes to an evidence and outcome-based approach, and meets the training's learning objectives that will be defined in rule.

((~~(5)~~)) (6) Individual providers under RCW 74.39A.270 shall be compensated for training time required by this section.

((~~(6)~~)) (7) The department of health shall adopt rules to implement subsection (1) of this section.

((~~(7)~~)) (8) The department shall adopt rules to implement subsections (2) and (3) of this section.

NEW SECTION. Sec. 6. A new section is added to chapter 70.128 RCW to read as follows:

(1) Adult family homeowners or resident managers must complete two hours on a one-time basis of department-approved cultural competency training relating to the lesbian, gay, bisexual, transgender, questioning (LGBTQ) population. The department must approve the training curriculum, program, and instructors required by this section, and develop a form owners or resident managers may use for self-reporting completion of this requirement.

(2) The training required by this section must be completed as follows:

(a) All adult family homeowners or resident managers who are licensed on the effective date of this section must complete the one-time training by the facility's next license renewal after December 31, 2019;

(b) All adult family homeowners or resident managers who become licensed after the effective date of this section must complete the training by the time of their first license renewal;

(c) After completing the one-time training, adult family homeowners or resident managers are not required to take the training again until the department approves changes to the learning objectives as established in the Washington administrative code. If there are approved changes to the learning objectives, adult family homeowners or resident managers, and all long-term care workers, must take a new training as set forth in the Washington administrative code.

NEW SECTION. Sec. 7. A new section is added to chapter 18.20 RCW to read as follows:

(1) Assisted living facility licensees or administrators must complete two hours on a one-time basis of department-approved cultural competency training relating to the lesbian, gay, bisexual, transgender, questioning (LGBTQ) population. The department must approve the training curriculum, program, and instructors required by this section, and develop a form licensees may use for self-reporting completion of this requirement.

(2) The training required by this section must be completed as follows:

(a) All assisted living facility owners or administrators who are licensed on the effective date of this section must complete the one-time training by the time of the facility's next license renewal after December 31, 2019;

(b) All assisted living facility owners or administrators who become licensed after the effective date of this section must complete the training by the time of their first license renewal;

(c) After completing the one-time training, assisted living facility owners or administrators are not required to take the training again until the department approves changes to the learning objectives as established in the Washington administrative code. If there are approved changes to the learning objectives, assisted living facility owners or administrators, and all long-term care workers, must take a new training as set forth in the Washington administrative code.

NEW SECTION. Sec. 8. A new section is added to chapter 18.51 RCW to read as follows:

(1) Nursing home licensees must complete two hours on a one-time basis of department-approved cultural competency training relating to the lesbian, gay, bisexual, transgender, questioning (LGBTQ) population. The department must approve the training curriculum, program, and instructors required by this section, and develop a form licensees may use for self-reporting completion of this requirement.

(2) The training required by this section must be completed as follows:

(a) All nursing homeowners or administrators who are licensed on the effective date of this section must complete the one-time training by the time of the home's next license renewal after December 31, 2019;

(b) After completing the one-time training, nursing homeowners or administrators are not required to take the training again until the department approves changes to the learning objectives as established in the Washington administrative code. If there are approved changes to the learning objectives, all nursing homeowners or administrators, and all long-term care workers, must take a new training as set forth in the Washington administrative code."

On page 1, line 2 of the title, after "population;" strike the remainder of the title and insert "amending RCW 74.39A.341; adding a new section to chapter 70.128 RCW; adding a new section to chapter 18.20 RCW; and adding a new section to chapter 18.51 RCW."

MOTION

Senator Ranker moved that the following striking amendment no. 595 by Senators Liias, Ranker and Rivers be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 9. RCW 74.39A.341 and 2015 c 152 s 3 are each amended to read as follows:

(1) All long-term care workers shall complete twelve hours of continuing education training in advanced training topics each year. ((~~This requirement applies beginning July 1, 2012.~~))

(2) Of the twelve hours of continuing education training required by subsection (1) of this section, time must be allocated, as established by the department in rule, to provide cultural competency training on issues relating to the LGBTQ population as follows: