MORNING SESSION

Senate Chamber, Olympia

Thursday, March 8, 2018

The Senate was called to order at 9:01 a.m. by the President of the Senate, Lt. Governor Habib presiding. The Secretary called the roll and announced to the President that all Senators were present.

The Sergeant at Arms Color Guard consisting of Pages Mr. Peter McKown and Miss Angela Goudy, presented the Colors.

Miss Gypsy Patnude led the Senate in the Pledge of Allegiance.

The prayer was offered by Reverend Douglas Thomison of United Methodist Church, Yelm.

REMARKS BY SENATOR LIIAS

Senator Liias: “Thank you Mr. President. I know the members have likely seen the news but some members of our Washington state family were killed in a tragic traffic accident in the early hours this morning on Interstate 5 and it shut down the interstate completely. It sounds like there was a hit and run accident and three innocent people lost their lives in that so I know we send our thoughts and our prayers and best wishes to those families. And Mr. President, as a result, some of our members are still having difficulty getting to the capitol as traffic continues to be a problem, so, Mr. President I move that the Senate be at ease subject to the call of the President.”

MOTION

At 9:05 a.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 9:46 a.m. by President Habib.

MOTION

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

MOTION

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

REPORTS OF STANDING COMMITTEES

March 7, 2018

SI 940 Prime Sponsor, : Law enforcement Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass. Signed by Senators Pedersen, Chair; Dhingra, Vice Chair; Darneille and Frockt.

MINORITY recommendation: Do not pass. Signed by Senators Padden, Ranking Member Angel, Assistant Ranking Member.

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

Referred to Committee on Rules for second reading.

March 7, 2018

ESHB 3003 Prime Sponsor, Committee on Public Safety: Concerning law enforcement. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass. Signed by Senators Pedersen, Chair; Dhingra, Vice Chair; Darneille and Frockt.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Padden, Ranking Member; Angel, Assistant Ranking Member and Wilson.

Referred to Committee on Rules for second reading.

MOTION

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

MOTION

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

MESSAGES FROM THE HOUSE

March 7, 2018

MR. PRESIDENT:

The House receded from its amendment to ENGROSSED SUBSTITUTE SENATE BILL NO. 6241 and passed the bill without the House amendment.

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

March 7, 2018

MR. PRESIDENT:

The House has passed:

SENATE BILL NO. 6007,

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

March 7, 2018

MR. PRESIDENT:

The House has passed:

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1054,

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

MOTION

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

INTRODUCTION AND FIRST READING

SB 6630 by Senators Sheldon, Walsh and Padden

AN ACT Relating to expanding the counties qualifying for the farm internship program to include Mason county; and amending RCW 49.12.470.

Referred to Committee on Agriculture, Water, Natural Resources & Parks.

SUPPLEMENTAL INTRODUCTION AND FIRST READING

SB 6631 by Senators Brown, Ericksen, Bailey, Honeyford, Wilson, Short, Wagoner, Becker, Fain, Sheldon, King, Walsh, Fortunato, Baumgartner, Warnick, Rivers and Braun

AN ACT Relating to promoting small modular reactors in Washington; amending RCW 19.29A.090, 19.285.030, 43.21F.025, 43.21F.088, 80.52.030, 82.85.010, 82.85.020, 82.85.030, 82.85.040, 82.85.050, and 82.85.080; reenacting and amending RCW 19.29A.010, 19.280.020, and 80.50.020; adding a new section to chapter 80.50 RCW; adding a new section to chapter 82.04 RCW; creating a new section; and providing expiration dates.

Referred to Committee on Energy, Environment & Technology.

E2SHB 1054 by House Committee on Finance (originally sponsored by Representatives Harris, Cody, Orwall, DeBolt, Johnson, McBride, Clibborn, Short, Pettigrew, Robinson, Fey, Kilduff, Riccelli, Ryu, Nealey, Goodman, Tharinger, Stanford, Frame, Pollet, Jinkins, Haler, Kagi, Hargrove, Fitzgibbon, Appleton, Chapman, Senn, Bergquist, Gregerson, Young, Farrell and Slatter)

AN ACT Relating to protecting youth from tobacco products and vapor products by increasing the minimum legal age of sale of tobacco and vapor products; amending RCW 26.28.080, 70.155.005, 70.155.010, 70.345.010, 70.155.020, 70.345.070, 70.345.100, 70.155.030, and 70.155.120; and providing an effective date.

Referred to Committee on Ways & Means.

MOTION

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

MOTION

At 9:49 a.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 9:56 a.m. by President Habib.

MOTION

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

MESSAGE FROM THE HOUSE

March 7, 2018

MR. PRESIDENT:

The House has adopted the report of the Conference Committee on ENGROSSED HOUSE BILL NO. 2519 and has passed the bill as recommended by the Conference Committee.

and the same are herewith transmitted.

NONA SNELL, Deputy Chief Clerk

REPORT OF THE CONFERENCE COMMITTEE

Engrossed House Bill No. 2519

March 7, 2018

MR. PRESIDENT:

MR. SPEAKER:

We of your conference committee, to whom was referred Engrossed House Bill No. 2519, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

And the bill do pass as recommended by the conference committee.

Signed by Senators Dhingra and Pedersen; Representatives Jinkins and Lovick.

MOTION

Senator Pedersen moved that the Report of the Conference Committee on Engrossed House Bill No. 2519 be adopted.

Senator Pedersen spoke in favor of the motion.

Senator Padden spoke against the motion.

POINT OF INQUIRY

Senator Rivers: “Thank you Mr. President. Will Senator Pedersen yield to a question?”

President Habib: “Pedersen?”

Senator Pedersen: “For the gentlelady from the 18^th District, of course.”

Senator Rivers: “Senator Pedersen, what drugs are included on the list of drugs that would prevent someone from getting their concealed license back?”

Senator Pedersen: “That is a federal law question, but I think it is probably all of the scheduled drugs. I think the gentlelady from the 45^th would probably be the better person to answer that question.”

Senators Rivers and Pederson spoke on the motion.

The President declared the question before the Senate to be the motion by Senator Pedersen that the Report of the Conference Committee on Engrossed House Bill No. 2519 be adopted.

The motion by Senator Pedersen carried and the Report of the Conference Committee was adopted by voice vote.

Senator Pedersen spoke in favor of passage of the bill as recommended by the Conference Committee.

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2519, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 2519, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 1; Excused, 0.

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

Voting nay: Senators Angel, Ericksen, Fortunato, Hawkins, Honeyford, Padden, Schoesler, Sheldon, Short, Wagoner and Warnick

Absent: Senator Baumgartner

ENGROSSED HOUSE BILL NO. 2519, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Bailey, Senator Baumgartner was excused.

MESSAGE FROM THE HOUSE

March 7, 2018

MR. PRESIDENT:

The House has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6106 and has passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

REPORT OF THE CONFERENCE COMMITTEE

Engrossed Substitute Senate Bill No. 6106

March 7, 2018

MR. PRESIDENT:

MR. SPEAKER:

We of your conference committee, to whom was referred Engrossed Substitute Senate Bill No. 6106, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

And the bill do pass as recommended by the conference committee.

Signed by Senators Hobbs, King and Saldaña; Representatives Clibborn, Fey and Orcutt.

MOTION

Senator Hobbs moved that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6106 be adopted.

Senators Hobbs, King and Saldaña spoke in favor of passage of the motion.

MOTION

On motion of Senator Saldaña, Senator Cleveland was excused.

Senator Ericksen spoke against the motion.

Senator Ranker spoke on the motion.

The President declared the question before the Senate to be the motion by Senator Hobbs that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6106 be adopted.

The motion by Senator Hobbs carried and the Report of the Conference Committee was adopted by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6106, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6106, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Carlyle, Chase, 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

Excused: Senator Cleveland

ENGROSSED SUBSTITUTE SENATE BILL NO. 6106, as recommended by the Conference Committee, 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

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

Senator Becker objected to the motion by Senator Liias.

Senator Liias spoke in favor of the motion.

Senators Becker and Fortunato spoke against the motion.

The President declared the question before the Senate to be the motion by Senator Liias to suspend Rule 15 for the remainder of the day and the motion carried by voice 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.

PARLIAMENTARY INQUIRY

Senator Fain: “Would it be possible to have this rule apply only to certain members?”

MOTION

At 10:28 a.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President.

Senator Becker announced a meeting of the Republican Caucus.

The Senate was called to order at 11:46 a.m. by President Habib.

MOTION

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

SECOND READING

HOUSE BILL NO. 3003, by Representatives Goodman and Hayes

Relating to law enforcement.

The measure was read the second time.

MOTION

Senator Padden moved that the following striking floor amendment no. 956 by Senator Padden be adopted:

0.0.

Strike everything after the enacting clause and insert the following:

"PART I

TITLE AND INTENT

NEW SECTION. Sec. 1.1. This act may be known and cited as the law enforcement training and community safety act.

NEW SECTION. Sec. 2.2. The intent of the people in enacting this act is to make our communities safer. This is accomplished by requiring law enforcement officers to obtain violence de-escalation and mental health training, so that officers will have greater skills to resolve conflicts without the use of physical or deadly force. Law enforcement officers will receive first aid training and be required to render first aid, which will save lives and be a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts. Finally, the initiative adopts a "good faith" standard for officer criminal liability in those exceptional circumstances where deadly force is used, so that officers using deadly force in carrying out their duties in good faith will not face prosecution.

PART II

REQUIRING LAW ENFORCEMENT OFFICERS TO RECEIVE VIOLENCE DE-ESCALATION TRAINING

NEW SECTION. Sec. 3.3. A new section is added to chapter 43.101 RCW to read as follows:

(1) Beginning one year after the effective date of this section, all law enforcement officers in the state of Washington must receive violence de-escalation training. Law enforcement officers beginning employment after the effective date of this section must successfully complete such training within the first fifteen months of employment. The commission shall set the date by which other law enforcement officers must successfully complete such training.

(2) All law enforcement officers shall periodically receive continuing violence de-escalation training to practice their skills, update their knowledge and training, and learn about new legal requirements and violence de-escalation strategies.

(3) The commission shall set training requirements through the procedures in section 5 of this act.

PART III

REQUIRING LAW ENFORCEMENT OFFICERS TO RECEIVE MENTAL HEALTH TRAINING

NEW SECTION. Sec. 4.4. A new section is added to chapter 43.101 RCW to read as follows:

(1) Beginning one year after the effective date of this section, all law enforcement officers in the state of Washington must receive mental health training. Law enforcement officers beginning employment after the effective date of this section must successfully complete such training within the first fifteen months of employment. The commission shall set the date by which other law enforcement officers must successfully complete such training.

(2) All law enforcement officers shall periodically receive continuing mental health training to update their knowledge about mental health issues and associated legal requirements, and to update and practice skills for interacting with people with mental health issues.

(3) The commission shall set training requirements through the procedures in section 5 of this act.

PART IV

TRAINING REQUIREMENTS SHALL BE SET IN CONSULTATION WITH LAW ENFORCEMENT AND COMMUNITY STAKEHOLDERS

NEW SECTION. Sec. 5.5. A new section is added to chapter 43.101 RCW to read as follows:

(1) Within six months after the effective date of this section, the commission must consult with law enforcement agencies and community stakeholders and adopt rules for carrying out the training requirements of sections 3 and 4 of this act. Such rules must, at a minimum:

(a) Adopt training hour requirements and curriculum for initial violence de-escalation trainings required by this act;

(b) Adopt training hour requirements and curriculum for initial mental health trainings required by this act, which may include all or part of the mental health training curricula established under RCW 43.101.227 and 43.101.427;

(d) Establish means by which law enforcement officers will receive trainings required by this act; and

(e) Require compliance with this act's training requirements.

(2) In developing curricula, the commission shall consider inclusion of the following:

(a) De-escalation in patrol tactics and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence;

(b) Alternatives to jail booking, arrest, or citation in situations where appropriate;

(d) Skills including de-escalation techniques to effectively, safely, and respectfully interact with people with disabilities and/or behavioral health issues;

(e) "Shoot/don't shoot" scenario training;

(f) Alternatives to the use of physical or deadly force so that de-escalation tactics and less lethal alternatives are part of the decision-making process leading up to the consideration of deadly force;

(g) Mental health and policing, including bias and stigma; and

(h) Using public service, including rendering of first aid, to provide a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts.

(3) The initial violence de-escalation training must educate officers on the good faith standard for use of deadly force established by this act and how that standard advances violence de-escalation goals.

(4) The commission may provide trainings, alone or in partnership with private parties or law enforcement agencies, authorize private parties or law enforcement agencies to provide trainings, or any combination thereof. The entity providing the training may charge a reasonable fee.

PART V

ESTABLISHING LAW ENFORCEMENT OFFICERS' DUTY TO RENDER FIRST AID

NEW SECTION. Sec. 6.6. A new section is added to chapter 36.28A RCW to read as follows:

(1) It is the policy of the state of Washington that all law enforcement personnel must provide or facilitate first aid such that it is rendered at the earliest safe opportunity to injured persons at a scene controlled by law enforcement.

(2) Within one year after the effective date of this section, the Washington state criminal justice training commission, in consultation with the Washington state patrol, the Washington association of sheriffs and police chiefs, organizations representing state and local law enforcement officers, health providers and/or health policy organizations, tribes, and community stakeholders, shall develop guidelines for implementing the duty to render first aid adopted in this section. The guidelines must: (a) Adopt first aid training requirements; (b) address best practices for securing a scene to facilitate the safe, swift, and effective provision of first aid to anyone injured in a scene controlled by law enforcement or as a result of law enforcement action; and (c) assist agencies and law enforcement officers in balancing the many essential duties of officers with the solemn duty to preserve the life of persons with whom officers come into direct contact.

PART VI

ADOPTING A "GOOD FAITH" STANDARD FOR LAW ENFORCEMENT OFFICER USE OF DEADLY FORCE

Sec. 7.7. RCW 9A.16.040 and 1986 c 209 s 2 are each amended to read as follows:

(1) Homicide or the use of deadly force is justifiable in the following cases:

(a) When a public officer applies deadly force ((~~is acting~~)) in obedience to the judgment of a competent court; or

(b) When necessarily used by a peace officer meeting the good faith standard of this section to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty((.)); or

(c) When necessarily used by a peace officer meeting the good faith standard of this section or person acting under the officer's command and in the officer's aid:

(i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony;

(ii) To prevent the escape of a person from a federal or state correctional facility or in retaking a person who escapes from such a facility; ((or))

(iii) To prevent the escape of a person from a county or city jail or holding facility if the person has been arrested for, charged with, or convicted of a felony; or

(iv) To lawfully suppress a riot if the actor or another participant is armed with a deadly weapon.

(2) In considering whether to use deadly force under subsection (1)(c) of this section, to arrest or apprehend any person for the commission of any crime, the peace officer must have probable cause to believe that the suspect, if not apprehended, poses a threat of serious physical harm to the officer or a threat of serious physical harm to others. Among the circumstances which may be considered by peace officers as a "threat of serious physical harm" are the following:

(a) The suspect threatens a peace officer with a weapon or displays a weapon in a manner that could reasonably be construed as threatening; or

(b) There is probable cause to believe that the suspect has committed any crime involving the infliction or threatened infliction of serious physical harm.

Under these circumstances deadly force may also be used if necessary to prevent escape from the officer, where, if feasible, some warning is given, provided the officer meets the good faith standard of this section.

(3) A public officer ((~~or peace officer~~)) covered by subsection (1)(a) of this section shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable pursuant to this section.

(4) A peace officer shall not be held criminally liable for using deadly force in good faith, where "good faith" is an objective standard which shall consider all the facts, circumstances, and information known to the officer at the time to determine whether a similarly situated reasonable officer would have believed that the use of deadly force was necessary to prevent death or serious physical harm to the officer or another individual.

(5) This section shall not be construed as:

(a) Affecting the permissible use of force by a person acting under the authority of RCW 9A.16.020 or 9A.16.050; or

(b) Preventing a law enforcement agency from adopting standards pertaining to its use of deadly force that are more restrictive than this section.

PART VII

MISCELLANEOUS

NEW SECTION. Sec. 8.8. The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act. Nothing in this act precludes local jurisdictions or law enforcement agencies from enacting additional training requirements or requiring law enforcement officers to provide first aid in more circumstances than required by this act or guidelines adopted under this act.

NEW SECTION. Sec. 9.9. (1) Except where a different timeline is provided in this act, the Washington state criminal justice training commission must adopt any rules necessary for carrying out the requirements of this act within one year after the effective date of this section. In carrying out all rule making under this act, the commission shall seek input from the attorney general, law enforcement agencies, the Washington council of police and sheriffs, the Washington state fraternal order of police, the council of metropolitan police and sheriffs, the Washington state patrol troopers association, at least one association representing law enforcement who represent traditionally underrepresented communities including the black law enforcement association of Washington, de-escalate Washington, tribes, and community stakeholders. The commission shall consider the use of negotiated rule making.

(2) Where this act requires involvement of community stakeholders, input must be sought from organizations advocating for: Persons with disabilities; members of the lesbian, gay, bisexual, transgender, and queer community; persons of color; immigrants; non-citizens; native Americans; youth; and formerly incarcerated persons.

NEW SECTION. Sec. ~~10.~~10. Except as required by federal consent decree, federal settlement agreement, or federal court order, where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040 and satisfied other applicable laws and policies. The investigation must be completely independent of the agency whose officer was involved in the use of deadly force. The criminal justice training commission must adopt rules establishing criteria to determine what qualifies as an independent investigation pursuant to this section.

NEW SECTION. Sec. ~~11.~~11. Whenever a law enforcement officer's application of force results in the death of a person who is an enrolled member of a federally recognized Indian tribe, the law enforcement agency must notify the governor's office of Indian affairs. Notice by the law enforcement agency to the governor's office of Indian affairs must be made within a reasonable period of time, but not more than twenty-four hours after the law enforcement agency has good reason to believe that the person was an enrolled member of a federally recognized Indian tribe. Notice provided under this section must include sufficient information for the governor's office of Indian affairs to attempt to identify the deceased person and his or her tribal affiliation. Nothing in this section requires a law enforcement agency to disclose any information that could compromise the integrity of any criminal investigation. The governor's office of Indian affairs must establish a means to receive the notice required under this section, including outside of regular business hours, and must immediately notify the tribe of which the person was enrolled.

NEW SECTION. Sec. ~~12.~~12. A new section is added to chapter 9A.16 RCW to read as follows:

(1) When a peace officer who is charged with a crime is found not guilty or charges are dismissed by reason of justifiable homicide or use of deadly force under RCW 9A.16.040, or by reason of self-defense, for actions taken while on duty or otherwise within the scope of his or her authority as a peace officer, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. This reimbursement is not an independent cause of action.

(2) If the trier of fact makes a determination of justifiable homicide, justifiable use of deadly force, or self-defense, the judge shall determine the amount of the award.

(3) Whenever the issue of justifiable homicide, justifiable use of deadly force, or self-defense under this section is decided by a judge, or whenever charges against a peace officer are dismissed based on the merits, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) of this section.

(4) Whenever the issue of justifiable homicide, justifiable use of deadly force, or self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form:

		answer yes or no
1.	Was the defendant on duty or otherwise acting within the scope of his or her authority as a peace officer?	. . . . .
2.	Was the finding of not guilty based upon justifiable homicide, justifiable use of deadly force, or self-defense?	. . . . .

(5) Nothing in this section precludes the legislature from using the sundry claims process to grant an award where none was granted under this section or otherwise where the charge was dismissed prior to trial, or to grant a higher award than one granted under this section.

NEW SECTION. Sec. ~~13.~~13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. ~~14.~~14. Sections 10 and 11 of this act constitute a new chapter in Title 10 RCW.

NEW SECTION. Sec. ~~15.~~15. For constitutional purposes, the subject of this act is "law enforcement."

NEW SECTION. Sec. ~~16.~~16. This act is the alternative to Initiative 940, which has been proposed to the legislature. The secretary of state is directed to place this act on the ballot in conjunction with Initiative 940, pursuant to Article II, section 1(a) of the state Constitution."

On page 1, line 1 of the title, after "enforcement;" strike the remainder of the title and insert "amending RCW 9A.16.040; adding new sections to chapter 43.101 RCW; adding a new section to chapter 36.28A RCW; adding a new section to chapter 9A.16 RCW; adding a new chapter to Title 10 RCW; creating new sections; and providing for submission of this act to a vote of the people."

Senators Padden, Fain, Baumgartner, Angel, Sheldon, Becker and Fortunato spoke in favor of adoption of the striking amendment.

Senators Pedersen, O'Ban, Chase and Hasegawa spoke against adoption of the striking amendment.

MOTION

Senator Padden demanded a roll call.

The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senator Padden to Engrossed Substitute House Bill No. 3003.

ROLL CALL

The Secretary called the roll on the adoption of the amendment by Senator Padden and the amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 1; Excused, 0.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Braun, Brown, Fain, Fortunato, Hawkins, Honeyford, King, Miloscia, O'Ban, Padden, Rivers, Schoesler, Sheldon, Short, Wagoner, Walsh, Warnick, Wilson and Zeiger

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

Absent: Senator Ericksen .

MOTION

On motion of Senator Pedersen, the rules were suspended, House Bill No. 3003 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF ORDER

Senator Baumgartner: “Thank you Mr. President. I rise to a point of order of how many votes is required to pass this bill?”

President Habib: “Senator Baumgartner.”

Senator Baumgartner: “Thank you Mr. President. This bill clearly amends and initiative which requires a two-thirds vote in the plain reading of the constitution. I would ask for you to rule on that.”

President Habib: “Senator Pedersen.”

Senator Pedersen: “Well, thank you very much Mr. President. I think this is a good teachable moment for everyone to understand exactly what Article 2, Section 41 of the Constitution says. May I read Mr. President?”

President Habib: “Proceed.”

Senator Pedersen: “It says in relevant part ‘no act or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment, provided, that any such act, law, or bill may be amended within two years after such enactment at any regular of special session of the legislature by a vote of two-thirds of all the members elected to each house with full compliance with section 12, Article III, of the Washington Constitution’ etc, the point being, I guess Mr. President, that initiatives to the legislature are different from initiatives voted on by the people. Initiatives to the legislature may be amended immediately after enactment just like any other public law. The constitution provides the special protection only to measures that have been enacted by the people. Thank you.”

President Habib: “One moment Senator Baumgartner. Senator Pedersen, just stay standing for a quick question. I just want to know, for the President’s information, so that is it your argument that this is amending an initiative to the legislature, that’s what Engrossed Substitute House Bill 3003 is seeking to do, is amend I-940 and therefore because its initiative legislation before the legislature, it according to you, would require a simple majority not the two-thirds?”

Senator Pedersen: “Mr. President, that is correct. The bill is contingent on and goes into effect only if Initiative 940 is enacted by the legislature, is not subject to a referendum challenge, and goes into effect in June after that, a day later, this bill would become effective if we enact it.

President Habib: “So you’re saying that constitutes amending the initiative?”

Senator Pedersen: “That constitutes a subsequent amendment of the initiative. Thank you.”

President Habib: “There have been remarks, Senator Baumgartner unless you have another point, my practice has been to allow one speech on either side of this so we don’t have a whole parliamentary debate on the floor. But you are obviously able to communicate through counsel. Senator Liias, the President needs a few moments to consider this question. How would you like to proceed?”

MOTION

On motion of Senator Liias, further consideration of House Bill No. 3003 was deferred and the bill held its place on the third reading calendar.

MOTION

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

MESSAGE FROM THE HOUSE

March 8, 2018

MR. PRESIDENT:

The House has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6032 and has passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

REPORT OF THE CONFERENCE COMMITTEE

Senate Bill No. 6032

March 7, 2018

MR. PRESIDENT:

MR. SPEAKER:

We of your conference committee, to whom was referred Senate Bill No. 6032, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

And the bill do pass as recommended by the conference committee.

Signed by Senators Billig and Rolfes; Representatives Ormsby and Robinson.

MOTION

Senator Rolfes moved that the Report of the Conference Committee on Senate Bill No. 6032 be adopted.

Senator Rolfes spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Rolfes that the Report of the Conference Committee on Senate Bill No. 6032 be adopted.

The motion by Senator Rolfes carried and the Report of the Conference Committee was adopted by voice vote.

Senators Rolfes, Ranker and Billig spoke in favor of passage of the bill.

Senators Braun, Baumgartner, Hawkins, Brown, O'Ban, Ericksen, Miloscia, Walsh, Schoesler, Fain, Angel, Becker and Wilson spoke against passage of the bill.

POINT OF ORDER

Senator Braun: “Thank you Mr. President. I know you pointed out yesterday that you don’t regulate the truth on the floor of the Senate, but there was an incorrect statement made a moment ago. Our budget proposal was for a billion dollars in property tax relief, it is very clearly documented. It is not the same as $385,000,000.00. Thank you Mr. President.”

REMARKS BY THE PRESIDENT

President Habib: “Senator Braun, you have spoken once before, and again, if you have a point of order, if senators have a point of order they can raise a point of order, but please don’t use parliamentary maneuvers to sneak in an additional remark. Again, these are the rules that you all have.”

PARLIAMENTARY INQUIRY

Senator Braun: “Thank you Mr. President. Mr. President could you give us some guidance how we are to appropriately respond when there are factually incorrect statements made on the floor of the Senate. I don’t understand how we can have honest and robust debate if we don’t present the facts correctly and I am unsure how to respond in these situations.”

REPLY BY THE PRESIDENT

President Habib: “Senator Braun, I can not tell you how best to get your message out or respond to other messages, other senators. The way to do that is to use the debate on third reading. According to the vote of the Senate, debate on third reading and debate generally today has been limited in the ways you know it has been. That is not my ruling, its what’s happened pursuant to the rules and so I have no other guidance to give you on the question of how to contradict what another senator has said on the floor with respect to fact or fiction.”

Senator Rivers spoke against passage of the bill.

PARLIAMENTARY INQUIRY

Senator Ericksen: “Thank you Mr. President. Is it possible for a member to yield their three minutes of speaking time allotted through this very limited debate process that we have on the budget to another member? Is that allowed?”

RULING BY THE PRESIDENT

President Habib: “Senator Ericksen, in response to your question, there is no rule that specifically addresses that question. However, when the motion was made by Senator Liias, the language of the motion specifically said that the debate would be limited in such a way that each senator would have three minutes to speak themselves with the exception of, each senator would have three minutes to speak. There was, he did not say there would be three minutes per senator allowed in debate. It was made, the motion was made in such a way that each senator was given an allotment of time and so there is no reason, there is no rule that would indicate transferability.”

Senator Frockt spoke in favor of passage of the bill.

POINT OF ORDER

Senator Baumgartner: “Thank you Mr. President. I think it is important that we have a full and honest debate here so I would like to know how I can make a motion so we could remove the three minute rule so people of the state could be given the accurate facts about this budget. So can I make a motion that we remove the three minute rule? Is that in order Mr. President?

REPLY BY THE PRESIDENT

President Habib: “You just made that motion Senator Baumgartner. Just to be clear on what your motion is, is you motion to roll back the entire, Senator Liias entire motion or”

Senator Baumgartner: “Yes, Mr. President, it is. I am moving that we remove the three minute rule.”

President Habib: “That is only part of it.

Senator Baumbartner: “Excuse me Mr. President, let me clarify. I am moving that we remove the rule as adopted by Senator Liias today limiting debate on the Senate floor for the purpose of having an honest discussion on this budget.”

President Habib: “Okay.”

MOTION

Senator Baumgartner demanded a roll call.

The President declared that one-sixth of the members supported the demand and the demand was sustained.

Senator Ericksen spoke in favor of adoption of the motion.

Senator Liias spoke against adoption of the motion.

The President declared the question before the Senate to be the motion by Senator Baumgartner to rollback the debate limits put in place earlier today pursuant to Rule 29.

ROLL CALL

The Secretary called the roll on the motion by Senator Baumgartner to roll back the debate limits adopted earlier in the day and the motion did not carry by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Braun, Brown, Ericksen, Fain, Fortunato, Honeyford, King, Miloscia, O'Ban, Padden, Rivers, Schoesler, Sheldon, Short, Wagoner, Walsh, Warnick, Wilson and Zeiger

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

The President declared the question before the Senate to be the final passage of Senate Bill No. 6032, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6032, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

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

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

SENATE BILL NO. 6032, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

PERSONAL PRIVILEGE

Senator Rolfes: “I want to first of all thank my caucus for trusting me to write this budget this year. I would also like to thank Senator Braun and Senator Brown for the work that they did. Although I am sure Senator Braun doesn’t want me to say this, his fingerprints are actually all over the workings of this budget. He was extremely helpful mentoring me when I first started this job and offered really insightful comments and history that were valuable in constructing this. More importantly though than thanking my colleagues, is thinking the staff that worked so hard on this budget. I think that what people don’t recognize is that not only does the Ways & Means staff write the budget that we see here today, but they write shadow budgets, versions of the budgets, secret amendments and things that actually never see the light of day because their job is to work for all of us, not just the budget writer. And they have been up who knows how many hours of sleep they haven’t had while they supported every single member of this body. So, Mr. President, I’d actually like to read their names out loud, I’m confident that they are watching because they are waiting for this. They are waiting for this to get adopted.”

President Habib: “Please proceed.”

Senator Rolfes: “I would like to particularly thank Michael Bezanson and Clint MccCarthy who were the leaders of the staff that wrote this budget. Also, Richard Ramsey, Jeff Mitchell, Julie Murray, Amanda Cecil, Claire Goodwin, Jed Herman, Maria Hovde, Alia Kennedy, James Kettel, Danny Masterson, Jeff Naas, Sarian Scott, Sandy Stith, Travis Sugarman, Jasmin Adams, Heidi Buyak, and Peter Lindgren. And I would like to ask the body to give them a round of applause. I would also like the body to thank Matt Bridges, who is the Senate Democratic budget caucus staff as well as Ryan Moore who was the Republican caucus staff on this budget because they were also worn ragged supporting us. And both of them also have provided a ton of input and intelligent remarks in crafting this budget. So Ryan and Matt, I know that they are here, thank you.

Finally, Mr. President, I would like to say that notwithstanding the personal beating that I just endured on this budget, I very much look forward to working with everybody next year if I am in this role again next year, but hopefully working, all working together again for the benefit of the entire state of Washington.”

PERSONAL PRIVILEGE

Senator Braun: “Thank you Mr. President. So, I appreciate you letting Senator Rolfes go first because she rose for the exact same reason I did and she did a much better job than I would do. So she thanked everyone in the room pretty much and she did it very well and they are all very much deserving of the thanks. I would just like to thank her. I, as previously stated, have some concerns about the budget, but I very much appreciated working with Senator Rolfes. She is highly competent, professional and kind, and just a pleasure to work with. The same thing to Senator Frockt, the Vice Chair. As I have stated, I think we have to figure out a way to be, to disagree in this chamber without being disagreeable and they both set a high standard there and I appreciate it. And then I would like to quickly chime in on her thanks for the staff, the Ways & Means staff, and our partisan staff have done an amazing job. They had some real tough challenges. I am very proud to work with them. As I said before, they really are a credit to this institution and the state of Washington. Thank you Mr. President.”

MOTION

At 1:22 p.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President.

Senator McCoy announced a Facilities and Operations meeting at 1:40 p.m.

The Senate was called to order at 2:50 p.m. by President Habib.

MESSAGES FROM THE HOUSE

March 8, 2018

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1209,

ENGROSSED HOUSE BILL NO. 1237,

SECOND SUBSTITUTE HOUSE BILL NO. 1377,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1439,

HOUSE BILL NO. 1452,

SUBSTITUTE HOUSE BILL NO. 1524,

SUBSTITUTE HOUSE BILL NO. 1539,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1561,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1783,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1889,

SECOND SUBSTITUTE HOUSE BILL NO. 2015,

ENGROSSED HOUSE BILL NO. 2097,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2143,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2177,

SUBSTITUTE HOUSE BILL NO. 2276,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2285,

SUBSTITUTE HOUSE BILL NO. 2322,

SUBSTITUTE HOUSE BILL NO. 2367,

THIRD SUBSTITUTE HOUSE BILL NO. 2382,

SUBSTITUTE HOUSE BILL NO. 2424,

SUBSTITUTE HOUSE BILL NO. 2561,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2578,

SUBSTITUTE HOUSE BILL NO. 2627,

SUBSTITUTE HOUSE BILL NO. 2651,

SUBSTITUTE HOUSE BILL NO. 2664,

SUBSTITUTE HOUSE BILL NO. 2667,

SUBSTITUTE HOUSE BILL NO. 2685,

SUBSTITUTE HOUSE BILL NO. 2692,

HOUSE BILL NO. 2709,

HOUSE BILL NO. 2733,

ENGROSSED HOUSE BILL NO. 2759,

ENGROSSED HOUSE BILL NO. 2777,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2779,

HOUSE BILL NO. 2816,

SUBSTITUTE HOUSE BILL NO. 2824,

HOUSE BILL NO. 2892,

and the same are herewith transmitted.

NONA SNELL, Deputy Chief Clerk

March 8, 2018

MR. PRESIDENT:

The Speaker has signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5143,

ENGROSSED FOURTH SUBSTITUTE SENATE BILL NO. 5251,

ENGROSSED SENATE BILL NO. 5518,

SUBSTITUTE SENATE BILL NO. 6126,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6127,

SENATE BILL NO. 6179,

SENATE BILL NO. 6210,

SENATE BILL NO. 6218,

SENATE BILL NO. 6231,

SENATE BILL NO. 6240,

SENATE BILL NO. 6287,

SENATE BILL NO. 6298,

SUBSTITUTE SENATE BILL NO. 6318,

SENATE BILL NO. 6363,

SENATE BILL NO. 6367,

SENATE BILL NO. 6368,

SENATE BILL NO. 6393,

SENATE BILL NO. 6404,

SENATE BILL NO. 6408,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6413,

SENATE BILL NO. 6414,

SUBSTITUTE SENATE BILL NO. 6438,

SECOND SUBSTITUTE SENATE BILL NO. 6453,

SENATE BILL NO. 6462,

SUBSTITUTE SENATE BILL NO. 6475,

SUBSTITUTE SENATE BILL NO. 6544,

and the same are herewith transmitted.

NONA SNELL, Deputy Chief Clerk

SIGNED BY THE PRESIDENT

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

SENATE BILL NO. 5598,

ENGROSSED SENATE BILL NO. 5917,

SUBSTITUTE SENATE BILL NO. 5991,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6257,

SUBSTITUTE SENATE BILL NO. 6273,

SECOND SUBSTITUTE SENATE BILL NO. 6274,

SUBSTITUTE SENATE BILL NO. 6313,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6329,

SUBSTITUTE SENATE BILL NO. 6388,

SENATE BILL NO. 6407,

SUBSTITUTE SENATE BILL NO. 6419,

SENATE BILL NO. 6471,

SUBSTITUTE SENATE BILL NO. 6474,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6491,

SUBSTITUTE SENATE BILL NO. 6493,

SUBSTITUTE SENATE BILL NO. 6514,

SUBSTITUTE SENATE BILL NO. 6560,

HOUSE BILL NO. 2582,

SUBSTITUTE HOUSE BILL NO. 2597,

HOUSE BILL NO. 2611,

SUBSTITUTE HOUSE BILL NO. 2634,

SUBSTITUTE HOUSE BILL NO. 2639,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2658,

HOUSE BILL NO. 2661,

HOUSE BILL NO. 2669,

HOUSE BILL NO. 2682,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2684,

SUBSTITUTE HOUSE BILL NO. 2686,

HOUSE BILL NO. 2699,

HOUSE BILL NO. 2702,

SUBSTITUTE HOUSE BILL NO. 2703,

HOUSE BILL NO. 2751,

SUBSTITUTE HOUSE BILL NO. 2752,

SUBSTITUTE HOUSE BILL NO. 2786,

ENGROSSED HOUSE BILL NO. 2808,

HOUSE BILL NO. 2851,

ENGROSSED HOUSE BILL NO. 2861,

ENGROSSED HOUSE BILL NO. 2948,

HOUSE JOINT MEMORIAL NO. 4002,

SUBSTITUTE SENATE BILL NO. 5064,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5084,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5179,

SUBSTITUTE SENATE BILL NO. 5522,

SUBSTITUTE SENATE BILL NO. 5553.

MOTION

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

The Senate resumed consideration of Engrossed Substitute House Bill No. 3003 which it had deferred earlier in the day.

RULING BY THE PRESIDENT

President Habib: “A point of order was raised by Senator Baumgartner on the question of how many votes this bill will require for passage, for final passage. Once again, we will write a formal opinion, but given how much is going on today on the final day of the regular session we, I am going to rule from the rostrum for the time being.

The President wants to point out, first of all, there were a number of constitutional questions that were discussed by members during the striking amendment debate. The only question brought before the President was a parliamentary question about the vote threshold for final passage. And the question, the point of inquiry only requires the President to look to the constitution and so far as the constitution gives guidance around the vote threshold. When it comes to the issue of initiatives, the only, the only instance in which a particular vote threshold is articulated is in the event of an initiative to the people, meaning when the language used refers to a majority of electors having voted. And in that instance, the initiative may not be amended for two years unless it is amended by a two-thirds vote of each of the houses of the legislature. There is no mention made of any vote threshold for amendments to initiatives brought to the legislature. So, in the absence of any articulated guidance to the President, that would articulate a different vote threshold, the President looks to the default vote threshold for a bill, which is in Article II, section 22 which is a constitutional majority, so in this body that would be 25 votes.”

PERSONAL PRIVILEGE

Senator Baumgartner: “Thank you Mr. President. I would encourage, that if possible, I appreciate that you are going to provide a written ruling, perhaps it might be in order and a good standard for this Senate if there was an ability to include with that a dissenting opinion from the maker of the motion or the person inquiring, so just some thought on that in the future, just for the record and the benefit of public discourse.”

REPLY BY THE PRESIDENT

President Habib: “Senator Baumgartner, we will be happy to, and have in the past, not consistently but, are happy to summarize the remarks that you made, or I believe Senator Ericksen actually if I am not mistaken, maybe made, in, maybe it was you, in support of your position. As well as that of Senator Pedersen. Summarize those for articulating the ruling of the President. We would be happy to do that to give the future readers insight into what the two parties believed.”

THIRD READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3003, by House Committee on Public Safety (originally sponsored by Representatives Goodman and Hayes)

Relating to law enforcement. Revised for 1st Substitute: Concerning law enforcement.

The bill was read on Third Reading.

Senators Pedersen, Frockt, Dhingra and Saldaña spoke in favor of passage of the bill.

Senators Padden, Ericksen, Hawkins, Fortunato, Baumgartner, Becker and Angel spoke against passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 3003.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 3003 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3003, 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.

PARLIAMENTARY INQUIRY

Senator Ericksen: “So, what is our current policy with regards to the use of cellular devices for video recording from the wings and on the floor while we are engaged in floor action? By nonmembers of the media?”

President Habib: “Do you mean by Senators?”

Senator Ericksen: “By Senators, people in the wings, people not in the gallery, and people not involved in the media?”

RULING BY THE PRESIDENT

President Habib: “Senator Ericksen, so Senator Ericksen has asked the President regarding the Senate’s own rules concerning the use of mobile devices for video recording and there are two, two sources of authority here in the rules. One is there has been a slight liberalization with respect to the use of cell phones, but even under the more liberal rules that you all adopted earlier this year the use of cell phones is to be respectful and so the President believes that not only means keeping on silent, a gentle reminder about that, but also to that respectful use does not include using it for video recording of other members. And the other, the other issue that the President would remind members of is the issue of decorum. Indecorous conduct and you know I, I don’t want to as much as some might believe, I don’t enjoy having to bring these issues up all the time, but the President does find that you are as dignified as you behave. And so, whether it is taking photos of each other or videos of each other during speeches, tearing up copies of our constitution, whatever it might be, I think we all need to think about the behavior we exhibit. The speech of course, we want to be as permissive as possible of senators’ speech.

One final note, is with regard to the wings, the President believes that a very limited, if there is a situation where a member of staff would like to take an isolated photo for some reason that there is some leeway there but the President, if there is an issue in the wings where its creating disruption, videos, etc. then the President will ask that conduct be ceased, just as I do when it comes to excessive speaking and noise in the wings. So, Senator Ericksen, I hope that answers your question.”

MOTION

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

SECOND READING

SECOND SUBSTITUTE HOUSE BILL NO. 2269, by House Committee on Finance (originally sponsored by Representatives Kilduff, Muri, Kraft, Stanford, Eslick, McBride, Sawyer, Orcutt, Haler, Senn, Reeves, Young, Ryu and Doglio)

Concerning tax relief for adaptive automotive equipment for veterans and service members with disabilities.

The measure was read the second time.

MOTION

On motion of Senator Rolfes, the rules were suspended, Second Substitute House Bill No. 2269 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 2269.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute House Bill No. 2269 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

SECOND SUBSTITUTE HOUSE BILL NO. 2269, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

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

MESSAGE FROM THE HOUSE

March 7, 2018

MR. PRESIDENT:

The House receded from its amendment(s) to SENATE BILL NO. 5987. Under suspension of the rules, the bill was returned to second reading for the purposes of amendment(s). The House adopted the following amendment(s): 5987 AMH GOOD HARO 414, and passed the bill as amended by the House.

On page 2, beginning on line 30, after "to" strike all material through "Prevent" on line 33 and insert "assure the appearance of the defendant at trial or to prevent"

On page 4, after line 13, insert the following:

"NEW SECTION. Sec. 6. A new section is added to chapter 10.21 RCW to read as follows:

A judicial officer in a municipal, district, or superior court imposing conditions of pretrial release for a defendant accused of a misdemeanor, gross misdemeanor, or felony offense, may prohibit the defendant from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant, and require the defendant to submit to testing to determine the defendant's compliance with this condition, when the judicial officer determines that such condition is necessary to protect the public from harm."

Correct the title.

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

MOTION

Senator Padden moved that the Senate concur in the House amendment(s) to Senate Bill No. 5987.

Senators Padden and Pedersen spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Padden that the Senate concur in the House amendment(s) to Senate Bill No. 5987.

The motion by Senator Padden carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5987 by voice vote.

The President declared the question before the Senate to be the final passage of Senate Bill No. 5987, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5987, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5987, as amended by the House, 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.

MESSAGE FROM THE HOUSE

March 7, 2018

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 6340 with the following amendment(s): 6340-S AMH ORMS PRIN 586

On page 1, line 11, after "benefit of" strike "two" and insert "one and one-half"

On page 2, line 1, after "of" strike "two" and insert "one and one-half"

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

PERSONAL PRIVILEGE

Senator Becker: “Thank you Mr. President. I just want to say a very happy birthday to Senator Sheldon tomorrow. We won’t be here to say that to him, so I wanted to be able to have this whole group wish him a happy birthday. Thank you Mr. President.

REMARKS BY THE PRESIDENT

President Habib: “Senator Sheldon, the Senate wishes you, our longest serving member, a very happy birthday. Let’s give him a round of applause.”

MOTION

Senator Conway moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6340.

Senator Conway spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Conway that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6340.

The motion by Senator Conway carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6340 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6340, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6340, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6340, as amended by the House, 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.

MESSAGE FROM THE HOUSE

March 7, 2018

MR. PRESIDENT:

The House passed ENGROSSED SENATE BILL NO. 6087 with the following amendment(s): 6087.E AMH ENGR H5191.E

0.0.

Strike everything after the enacting clause and insert the following:

"Sec. 1.1. RCW 28B.95.020 and 2016 c 69 s 2 are each amended to read as follows:

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

(1) "Academic year" means the regular nine-month, three-quarter, or two-semester period annually occurring between August 1st and July 31st.

(2) "Account" means the Washington advanced college tuition payment program account established for the deposit of all money received by the office from eligible purchasers and interest earnings on investments of funds in the account, as well as for all expenditures on behalf of eligible beneficiaries for the redemption of tuition units and for the development of any authorized college savings program pursuant to RCW 28B.95.150.

(3) "Advisor sold" means a channel through which a broker dealer, investment advisor, or other financial intermediary recommends the Washington college savings program established pursuant to RCW 28B.95.010 to eligible investors and assists with the opening and servicing of individual college savings program accounts.

(4) "College savings program account" means the Washington college savings program account established pursuant to RCW ((~~28B.95.010~~)) 28B.95.085.

(5) "Committee on advanced tuition payment and college savings" or "committee" means a committee of the following members: The state treasurer, the director of the office of financial management, the director of the office, or their designees, and two members to be appointed by the governor, one representing program participants and one private business representative with marketing, public relations, or financial expertise.

(6) "Contractual obligation" means a legally binding contract of the state with the purchaser and the beneficiary establishing that purchases of tuition units in the advanced college tuition payment program will be worth the same number of tuition units at the time of redemption as they were worth at the time of the purchase, except as provided in RCW 28B.95.030 (7) and (8).

(7) "Dual credit fees" means any fees charged to a student for participation in college in the high school under RCW 28A.600.290 or running start under RCW 28A.600.310.

(8) "Eligible beneficiary" means the person designated as the individual whose education expenses are to be paid from the advanced college tuition payment program or the college savings program. Qualified organizations, as allowed under section 529 of the federal internal revenue code, purchasing tuition unit contracts as future scholarships need not designate a beneficiary at the time of purchase.

(9) "Eligible contributor" means an individual or organization that contributes money for the purchase of tuition units, and for an individual college savings program account established pursuant to this chapter for an eligible beneficiary.

(10) "Eligible purchaser" means an individual or organization that has entered into a tuition unit contract with the governing body for the purchase of tuition units in the advanced college tuition payment program for an eligible beneficiary, or that has entered into a participant college savings program account contract for an eligible beneficiary. The state of Washington may be an eligible purchaser for purposes of purchasing tuition units to be held for granting Washington college bound scholarships.

(11) "Full-time tuition charges" means resident tuition charges at a state institution of higher education for enrollments between ten credits and eighteen credit hours per academic term.

(12) "Governing body" means the committee empowered by the legislature to administer the Washington advanced college tuition payment program and the Washington college savings program.

(13) "Individual college savings program account" means the formal record of transactions relating to a Washington college savings program beneficiary.

(14) "Institution of higher education" means an institution that offers education beyond the secondary level and is recognized by the internal revenue service under chapter 529 of the internal revenue code.

(15) "Investment board" means the state investment board as defined in chapter 43.33A RCW.

(16) "Investment manager" means the state investment board, another state, or any other entity as selected by the governing body, including another college savings plan established pursuant to section 529 of the internal revenue code.

(17) "Office" means the office of student financial assistance as defined in chapter 28B.76 RCW.

(18) "Owner" means the eligible purchaser or the purchaser's successor in interest who shall have the exclusive authority to make decisions with respect to the tuition unit contract or the individual college savings program contract. The owner has exclusive authority and responsibility to establish and change the asset investment options for a beneficiaries' individual college savings program account.

(19) "Participant college savings program account contract" means a contract to participate in the Washington college savings program between an eligible purchaser and the office.

(20) "State institution of higher education" means institutions of higher education as defined in RCW 28B.10.016.

(21) "Tuition and fees" means undergraduate tuition and services and activities fees as defined in RCW 28B.15.020 and 28B.15.041 rounded to the nearest whole dollar. For purposes of this chapter, services and activities fees do not include fees charged for the payment of bonds heretofore or hereafter issued for, or other indebtedness incurred to pay, all or part of the cost of acquiring, constructing, or installing any lands, buildings, or facilities.

(22) "Tuition unit contract" means a contract between an eligible purchaser and the governing body, or a successor agency appointed for administration of this chapter, for the purchase of tuition units in the advanced college tuition payment program for a specified beneficiary that may be redeemed at a later date for an equal number of tuition units, except as provided in RCW 28B.95.030 (7) and (8).

(23) "Unit cash value price" means the total value of assets under management in the advanced college tuition payment program on a date to be determined by the committee, divided by the total number of outstanding units purchased by eligible purchasers before July 1, 2015, and any outstanding units accrued by eligible purchasers as a result of the July 2017 unit rebase. For purposes of this calculation, the total market value of assets shall exclude the total accumulated market value of proceeds from units purchased after June 30, 2015.

(24) "Unit purchase price" means the minimum cost to purchase one tuition unit in the advanced college tuition payment program for an eligible beneficiary. Generally, the minimum purchase price is one percent of the undergraduate tuition and fees for the current year, rounded to the nearest whole dollar, adjusted for the costs of administration and adjusted to ensure the actuarial soundness of the account. The analysis for price setting shall also include, but not be limited to consideration of past and projected patterns of tuition increases, program liability, past and projected investment returns, and the need for a prudent stabilization reserve.

Sec. 2.2. RCW 28B.95.030 and 2016 c 69 s 4 are each amended to read as follows:

(1) The Washington advanced college tuition payment program shall be administered by the committee on advanced tuition payment which shall be chaired by the director of the office. The committee shall be supported by staff of the office.

(2)(a) The Washington advanced college tuition payment program shall consist of the sale of tuition units, which may be redeemed by the beneficiary at a future date for an equal number of tuition units regardless of any increase in the price of tuition, that may have occurred in the interval, except as provided in subsections (7) and (8) of this section.

(b) Each purchase shall be worth a specific number of or fraction of tuition units at each state institution of higher education as determined by the governing body, except as provided in subsections (7) and (8) of this section.

(c) The number of tuition units necessary to pay for a full year's, full-time undergraduate tuition and fee charges at a state institution of higher education shall be set by the governing body at the time a purchaser enters into a tuition unit contract, except as provided in subsections (7) and (8) of this section.

(d) The governing body may limit the number of tuition units purchased by any one purchaser or on behalf of any one beneficiary, however, no limit may be imposed that is less than that necessary to achieve four years of full-time, undergraduate tuition charges at a state institution of higher education. The governing body also may, at its discretion, limit the number of participants, if needed, to ensure the actuarial soundness and integrity of the program.

(e) While the Washington advanced college tuition payment program is designed to help all citizens of the state of Washington, the governing body may determine residency requirements for eligible purchasers and eligible beneficiaries to ensure the actuarial soundness and integrity of the program.

(3)(a) No tuition unit may be redeemed until two years after the purchase of the unit.

(b) Units may be redeemed for enrollment at any institution of higher education that is recognized by the internal revenue service under chapter 529 of the internal revenue code. Units may also be redeemed to pay for dual credit fees.

(c) Units redeemed at a nonstate institution of higher education or for graduate enrollment shall be redeemed at the rate for state public institutions in effect at the time of redemption.

(4) The governing body shall determine the conditions under which the tuition benefit may be transferred to another family member. In permitting such transfers, the governing body may not allow the tuition benefit to be bought, sold, bartered, or otherwise exchanged for goods and services by either the beneficiary or the purchaser.

(5) The governing body shall administer the Washington advanced college tuition payment program in a manner reasonably designed to be actuarially sound, such that the assets of the trust will be sufficient to defray the obligations of the trust including the costs of administration. The governing body may, at its discretion, discount the minimum purchase price for certain kinds of purchases such as those from families with young children, as long as the actuarial soundness of the account is not jeopardized.

(6) The governing body shall annually determine current value of a tuition unit.

(7) For the 2015-16 and 2016-17 academic years only, the governing body shall set the payout value for units redeemed during that academic year only at one hundred seventeen dollars and eighty-two cents per unit. For academic years after the 2016-17 academic year, the governing body shall make program adjustments it deems necessary and appropriate to ensure that the total payout value of each account on October 9, 2015, is not decreased or diluted as a result of the initial application of any changes in tuition under section 3, chapter 36, Laws of 2015 3rd sp. sess. In the event the committee or governing body provides additional units under chapter 36, Laws of 2015 3rd sp. sess., the committee and governing body shall also increase the maximum number of units that can be redeemed in any year to mitigate the reduction in available account value during any year as a result of chapter 36, Laws of 2015 3rd sp. sess. The governing body must notify holders of tuition units after the adjustment in this subsection is made and must include a statement concerning the adjustment.

(8) The governing body shall allow account owners who purchased units before July 1, 2015, to redeem such units at the unit cash value price provided that all the redeemed funds are deposited immediately into an eligible Washington college savings program account established by the governing body. Within ninety days of the effective date of this section, the committee, in consultation with the state actuary and state investment board, shall:

(a) Establish a period that is not less than ninety days during which eligible purchasers may redeem units at the unit cash value price for the purposes of this subsection and provide at least thirty days' notice prior to the ninety-day window to all eligible account holders about the redemption option; and

(b) Establish the unit cash value price. The committee, in consultation with the state actuary and the state investment board, may revalue the unit cash value price established in this subsection (8)(b) up to three times during the ninety-day period in which eligible purchasers may redeem units for the unit cash value price.

(9)(a) After the governing body completes the requirements of subsection (8) of this section, the governing body shall adjust, by March 1, 2019, all remaining unredeemed units purchased before July 1, 2015, as follows:

(i) First, the governing body shall take the difference between the average unit purchase price in each individual's account and the 2016-17 unit payout value and increase the number of units in each individual's account by a number of units of equivalent total value at the 2017-18 unit purchase price, if the average unit purchase price is more than the 2016-17 unit payout value; and

(ii) Second, after (a)(i) of this subsection is completed, the governing body, with assistance from the state actuary, shall grant an additional number of units to each account holder with unredeemed and purchased units before July 1, 2015, in order to lower the best-estimate funded status of the program to one hundred twenty-five percent, subject to a limit of an increase of fifteen percent of unredeemed and purchased units per account holder. The state actuary shall select the measurement date, assumptions, and methods necessary to perform an actuarial measurement consistent with the purpose of this subsection.

(b) For the purpose of this subsection (9), and for account holders with uncompleted custom monthly contracts, the governing body shall only include purchased and unredeemed units before July 1, 2015.

(10) The governing body shall collect an amortization fee as a component of each future unit sold whenever the governing body determines amortization fees are necessary to increase the best-estimate funded status of the program.

(11) The governing body shall promote, advertise, and publicize the Washington advanced college tuition payment program. Materials and online publications advertising the Washington advanced college tuition payment program shall include a disclaimer that the Washington advanced college tuition payment program's guarantee is that one hundred tuition units will equal one year of full-time, resident, undergraduate tuition at the most expensive state institution of higher education, and that if resident, undergraduate tuition is reduced, a tuition unit may lose monetary value.

((~~(9)~~)) (12) In addition to any other powers conferred by this chapter, the governing body may:

(a) Impose reasonable limits on the number of tuition units or units that may be used in any one year;

(b) Determine and set any time limits, if necessary, for the use of benefits under this chapter;

(d) Appoint and use advisory committees and the state actuary as needed to provide program direction and guidance;

(e) Formulate and adopt all other policies and rules necessary for the efficient administration of the program;

(f) Consider the addition of an advanced payment program for room and board contracts and also consider a college savings program;

(g) Purchase insurance from insurers licensed to do business in the state, to provide for coverage against any loss in connection with the account's property, assets, or activities or to further insure the value of the tuition units;

(h) Make, execute, and deliver contracts, conveyances, and other instruments necessary to the exercise and discharge of its powers and duties under this chapter;

(i) Contract for the provision for all or part of the services necessary for the management and operation of the program with other state or nonstate entities authorized to do business in the state;

(j) Contract for other services or for goods needed by the governing body in the conduct of its business under this chapter;

(k) Contract with financial consultants, actuaries, auditors, and other consultants as necessary to carry out its responsibilities under this chapter;

(l) Solicit and accept cash donations and grants from any person, governmental agency, private business, or organization; and

(m) Perform all acts necessary and proper to carry out the duties and responsibilities of this program under this chapter.

Sec. 3.3. RCW 28B.95.045 and 2016 c 69 s 6 are each amended to read as follows:

(1) The committee shall create an expedited process by which owners can complete a direct rollover or investment change of a 529 account from a:

(a) ((a)) State-sponsored prepaid tuition plan to a state-sponsored college savings plan((,));

(b) ((a)) State-sponsored college savings plan to a state-sponsored prepaid tuition plan((,)); or

(c) ((a)) State-sponsored prepaid tuition plan or a state-sponsored college savings plan to an out-of-state eligible 529 plan.

(2) The committee shall report annually to the governor and the appropriate committees of the legislature on (a) the number of accounts that have been rolled into the Washington college savings program from out of state and (b) the number of accounts rolled out of the Washington college savings program to 529 plans into other states.

NEW SECTION. Sec. 4.4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 15, 2018."

Correct the title.

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

MOTION

Senator Mullet moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 6087.

Senator Mullet spoke in favor of the motion.

PARLIAMENTARY INQUIRY

Senator Palumbo: “Senate Rule 22 provides that a member may not vote on any question of which he or she is personally or directly interested. This bill allows the GET account holders who purchased GET units before July 1, 2015 to redeem their units for cash if the funds are immediately transferred to the Washington College Savings Program. I have three GET accounts for my kids. My question is pursuant to rule 22 should I abstain from voting?”

RULING BY THE PRESIDENT

President Habib: “Senator Palumbo, because you are a member of a very large class of those who have purchase GET credits, this legislation does not concern you personally or in any particular way and therefore the President sees no problem, no issue with you voting on this measure.”

The President declared the question before the Senate to be the motion by Senator Mullet that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 6087.

The motion by Senator Mullet carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 6087 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6087, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6087, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 1; Excused, 0.

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

Voting nay: Senators Baumgartner, Frockt and Hasegawa

Absent: Senator Rolfes

ENGROSSED SENATE BILL NO. 6087, as amended by the House, 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.

MESSAGE FROM THE HOUSE

March 2, 2018

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5746 with the following amendment(s): 5746-S AMH ENGR H5081.E

0.0.

Strike everything after the enacting clause and insert the following:

"Sec. 1.1. RCW 43.15.030 and 2005 c 69 s 1 are each amended to read as follows:

(1) The association of Washington generals is organized as a private, nonprofit, nonpartisan((,)) corporation in accordance with chapter 24.03 RCW and this section.

(2) The purpose of the association of Washington generals is to:

(a) Provide the state a means of extending formal recognition for an individual's outstanding services to the state; ((~~and~~))

(b) Bring together those individuals to serve the state as ambassadors of trade, tourism, and international goodwill; and

(c) Expand educational, sports, and/or employment opportunities for youth, veterans, and people with disabilities in Washington state.

(3) The association of Washington generals may conduct activities in support of their mission, including but not limited to:

(a) Establishing selection criteria for selecting Washington generals;

(b) ((~~Operating a statewide essay competition;~~

~~(c)~~)) Training Washington generals as ambassadors of the state of Washington, nationally and internationally; and

((~~(d)~~)) (c) Promoting Washington generals as ambassadors of the state of Washington.

(4) The association of Washington generals is governed by a board of directors. The board is composed of the governor, lieutenant governor, and the secretary of state, who serve as ex officio, nonvoting members, and other officers and members as the association of Washington generals designates.

(5) The board shall:

(a) Review nominations for and be responsible for the selection of Washington generals; ((~~and~~))

(b) Establish the title of honorary Washington general to honor worthy individuals from outside the state of Washington; and

((~~(5)~~)) (6) The lieutenant governor's office may provide technical and financial assistance for the association of Washington generals, where the work of the association aligns with the mission of the office. Assistance from the lieutenant governor's office may include, but is not limited to:

(a) Collaboration with the association of Washington generals on the Washington world fellows program, a college readiness and study abroad fellowship administered by the office of the lieutenant governor;

(b) Beginning January 1, 2019, collaboration with the association of Washington generals to administer the sports mentoring program as established under section 3 of this act, a mentoring program to encourage underserved youth to join sports or otherwise participate in the area of sports; and

(c) The compilation of a yearly financial report, which shall be made available to the legislature no later than January 15th of each year, detailing all revenues and expenditures associated with the Washington world fellows program and the sports mentoring program. Any expenditures made by the association of Washington generals in support of the Washington world fellows program and the sports mentoring program shall be made available to the office of the lieutenant governor for the purpose of inclusion in the annual financial report.

((~~(6)~~)) (7) The legislature may make appropriations in support of the Washington generals subject to the availability of funds.

(8) The office of the lieutenant governor must post on its web site detailed information on all funds received by the association of Washington generals and all expenditures by the association of Washington generals.

Sec. 2.2. RCW 46.68.420 and 2017 c 25 s 3 and 2017 c 11 s 4 are each reenacted and amended to read as follows:

(1) The department shall:

(a) Collect special license plate fees established under RCW 46.17.220;

(b) Deduct an amount not to exceed twelve dollars for initial issue and two dollars for renewal issue for administration and collection expenses incurred by it; and

(2) The state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the special license plate. Upon determination by the department that the state has been reimbursed, the state treasurer shall credit the remaining special license plate fee amounts for each special license plate to the following appropriate account as created in this section in the custody of the state treasurer:

ACCOUNT	CONDITIONS FOR USE OF FUNDS
4-H programs	Support Washington 4-H programs
Fred Hutch	Support cancer research at the Fred Hutchinson cancer research center
Gonzaga University alumni association	Scholarship funds to needy and qualified students attending or planning to attend Gonzaga University
Helping kids speak	Provide free diagnostic and therapeutic services to families of children who suffer from a delay in language or speech development
Law enforcement memorial	Provide support and assistance to survivors and families of law enforcement officers in Washington killed in the line of duty and to organize, finance, fund, construct, utilize, and maintain a memorial on the state capitol grounds to honor those fallen officers
Lighthouse environmental programs	Support selected Washington state lighthouses that are accessible to the public and staffed by volunteers; provide environmental education programs; provide grants for other Washington lighthouses to assist in funding infrastructure preservation and restoration; encourage and support interpretive programs by lighthouse docents
Music matters awareness	Promote music education in schools throughout Washington
Seattle Mariners	Provide funds to the sports mentoring program and to support the Washington world fellows program in the following manner: (a) Seventy-five percent to the office of the lieutenant governor solely to administer the sports mentoring program established under section 3 of this act, to encourage youth who have economic needs or face adversities to experience spectator sports or get involved in youth sports, and (b) up to twenty-five percent to the office of the lieutenant governor solely to administer the Washington world fellows program, an equity focused program
Seattle Seahawks	Provide funds to InvestED and to support the Washington world fellows program in the following manner: (a) Seventy-five percent, to InvestED, to encourage secondary students who have economic needs to stay in school, return to school, or get involved within their learning community; and (b) twenty-five percent to the office of the lieutenant governor solely to administer the Washington world fellows program, including the provision of fellowships
Seattle Sounders FC	Provide funds to Washington state mentors and the association of Washington generals created in RCW 43.15.030 in the following manner: (a) Seventy percent and the remaining proceeds, if any, to Washington state mentors, to increase the number of mentors in the state by offering mentoring grants throughout Washington state that foster positive youth development and academic success, with up to twenty percent of these proceeds authorized for program administration costs; and (b) up to thirty percent, not to exceed forty-thousand dollars annually as adjusted for inflation by the office of financial management, to the association of Washington generals, to develop Washington state educational, veterans, international relations, and civics projects and to recognize the outstanding public service of individuals or groups in the state of Washington
Seattle University	Fund scholarships for students attending or planning to attend Seattle University
Share the road	Promote bicycle safety and awareness education in communities throughout Washington
Ski & ride Washington	Promote winter snowsports, such as skiing and snowboarding, and related programs, such as ski and ride safety programs, underprivileged youth ski and ride programs, and active, healthy lifestyle programs
State flower	Support Meerkerk Rhododendron Gardens and provide for grants to other qualified nonprofit organizations' efforts to preserve rhododendrons
Volunteer firefighters	Receive and disseminate funds for purposes on behalf of volunteer firefighters, their families, and others deemed in need
Washington farmers and ranchers	Provide funds to the Washington FFA Foundation for educational programs in Washington state
Washington state aviation	Provide funds to the department of transportation to support infrastructure improvements at public use airports in Washington state
Washington state council of firefighters benevolent fund	Receive and disseminate funds for charitable purposes on behalf of members of the Washington state council of firefighters, their families, and others deemed in need
Washington state wrestling	Provide funds to the Washington state wrestling foundation to fund new and existing college wrestling programs
((~~Washington state council of firefighters benevolent fund~~	~~Receive and disseminate funds for charitable purposes on behalf of members of the Washington state council of firefighters, their families, and others deemed in need~~))
Washington tennis	Provide funds to cities to assist in the construction and maintenance of a public tennis facility with at least four indoor tennis courts. A city is eligible for construction funds if the city does not already have a public or private facility with at least four indoor tennis courts. Funds for construction must first be made available to the most populous eligible city, according to the most recent census, for a time period not to exceed five years after January 1, 2017. After the five-year time period, the funds for construction must be made available to the next most populous eligible city. Funds for the maintenance of a public tennis facility with at least four indoor tennis courts must first be made available to the first eligible city that utilizes funds for construction provided by chapter 16, Laws of 2016
Washington's national park fund	Build awareness of Washington's national parks and support priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks
We love our pets	Support and enable the Washington federation of animal welfare and control agencies to promote and perform spay/neuter surgery of Washington state pets in order to reduce pet population

(3) Except as otherwise provided in this section, only the director or the director's designee may authorize expenditures from the accounts described in subsection (2) of this section. The accounts are subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

(4) Except as otherwise provided in this section, funds in the special license plate accounts described in subsection (2) of this section must be disbursed subject to the conditions described in subsection (2) of this section and under contract between the department and qualified nonprofit organizations that provide the services described in subsection (2) of this section.

(5) Funds from the Seattle Seahawks account may be provided to the lieutenant governor solely for the purpose of administering the Washington world fellows program. Of the amounts received by the lieutenant governor's office under this subsection, at least ninety percent must be provided as fellowships under the program.

(6) Beginning January 1, 2019, funds from the Seattle Mariners account may be provided to the office of lieutenant governor solely for the purpose of administering the sports mentoring program. Of the amounts received by the office of lieutenant governor, at least ninety percent must be applied towards services directly provided to youth participants.

(7) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation operating in Washington that has received a determination of tax exempt status under 26 U.S.C. Sec. 501(c)(3). The qualified nonprofit organization must meet all the requirements under RCW 46.18.100(1).

NEW SECTION. Sec. 3.3. A new section is added to chapter 43.15 RCW to read as follows:

(1) The sports mentoring program is established to enable eligible nonprofit community-based organizations to provide opportunities for underserved youth to join sports teams or otherwise participate in the area of sports. The goal of the program is to support youth in building self-confidence, developing skills in the areas of goal setting and collaboration, and promoting a healthy lifestyle through forming positive relationships with peers and family, avoiding risky or delinquent behavior, and achieving educational success. Proceeds from the Seattle Mariners special license plate, issued under RCW 46.18.200, must be deposited into the Seattle Mariners account in accordance with RCW 46.68.420. Funds in the account may only be used, except as provided under RCW 46.68.420(6), for grants to support youth to stay in school, participate in sports, and receive mentorships.

(2) The office of lieutenant governor will collaborate with the association of Washington generals to issue competitive grants to eligible organizations. The following criteria must be used to prioritize applications:

(a) Services provided by the organization to program participants are provided without a fee;

(b) Eligible organizations must assist children with enrolling in sports through their parents, guardians, or coach; and

(3) Eligible organizations must meet the following requirements:

(a) Be a 501(c)(3) nonprofit organization;

(b) Conduct national criminal background checks for all employees and volunteer mentors who work with children;

(c) Have adopted standards for care including staff training, health and safety standards, and mechanisms for assessing and enforcing the program's compliance with the standards adopted;

(d) Ensure that sixty percent or more of the children they serve are eligible for free or reduced-price lunch;

(e) Provide free, direct services to children through volunteer mentoring; and

(f) Provide professional oversight of all mentoring relationships for each child served.

Sec. 4.4. RCW 46.17.220 and 2017 c 25 s 2 and 2017 c 11 s 3 are each reenacted and amended to read as follows:

((~~(1)~~)) In addition to all fees and taxes required to be paid upon application for a vehicle registration in chapter 46.16A RCW, the holder of a special license plate shall pay the appropriate special license plate fee as listed in this section.

PLATE TYPE	INITIAL FEE	RENEWAL FEE	DISTRIBUTED UNDER
((~~(a)~~)) (1) 4-H	$ 40.00	$ 30.00	RCW 46.68.420
((~~(b)~~)) (2) Amateur radio license	$ 5.00	N/A	RCW 46.68.070
((~~(c)~~)) (3) Armed forces	$ 40.00	$ 30.00	RCW 46.68.425
((~~(d) Baseball stadium~~	~~$ 40.00~~	~~$ 30.00~~	~~Subsection (2) of this section~~
~~(e)~~)) (4) Breast cancer awareness	$ 40.00	$ 30.00	RCW 46.68.425
((~~(f)~~)) (5) Collector vehicle	$ 35.00	N/A	RCW 46.68.030
((~~(g)~~)) (6) Collegiate	$ 40.00	$ 30.00	RCW 46.68.430
((~~(h)~~)) (7) Endangered wildlife	$ 40.00	$ 30.00	RCW 46.68.425
((~~(i)~~)) (8) Fred Hutch	$ 40.00	$ 30.00	RCW 46.68.420
((~~(j)~~)) (9) Gonzaga University alumni association	$ 40.00	$ 30.00	RCW 46.68.420
((~~(k)~~)) (10) Helping kids speak	$ 40.00	$ 30.00	RCW 46.68.420
((~~(l)~~)) (11) Horseless carriage	$ 35.00	N/A	RCW 46.68.030
((~~(m)~~)) (12) Keep kids safe	$ 45.00	$ 30.00	RCW 46.68.425
((~~(n)~~)) (13) Law enforcement memorial	$ 40.00	$ 30.00	RCW 46.68.420
((~~(o)~~)) (14) Military affiliate radio system	$ 5.00	N/A	RCW 46.68.070
((~~(p)~~)) (15) Music matters	$ 40.00	$ 30.00	RCW 46.68.420
((~~(q) Purple Heart~~	~~$ 40.00~~	~~$ 30.00~~	~~RCW 46.68.425~~
~~(r)~~)) (16) Professional firefighters and paramedics	$ 40.00	$ 30.00	RCW 46.68.420
(17) Purple Heart	$ 40.00	$ 30.00	RCW 46.68.425
((~~(s)~~)) (18) Ride share	$ 25.00	N/A	RCW 46.68.030
((~~(t)~~)) (19) Seattle Mariners	$ 40.00	$ 30.00	RCW 46.68.420
(20) Seattle Seahawks	$ 40.00	$ 30.00	RCW 46.68.420
((~~(u)~~)) (21) Seattle Sounders FC	$ 40.00	$ 30.00	RCW 46.68.420
((~~(v)~~)) (22) Seattle University	$ 40.00	$ 30.00	RCW 46.68.420
((~~(w)~~)) (23) Share the road	$ 40.00	$ 30.00	RCW 46.68.420
((~~(x)~~)) (24) Ski & ride Washington	$ 40.00	$ 30.00	RCW 46.68.420
((~~(y)~~)) (25) Square dancer	$ 40.00	N/A	RCW 46.68.070
((~~(z)~~)) (26) State flower	$ 40.00	$ 30.00	RCW 46.68.420
((~~(aa)~~)) (27) Volunteer firefighters	$ 40.00	$ 30.00	RCW 46.68.420
((~~(bb)~~)) (28) Washington farmers and ranchers	$ 40.00	$ 30.00	RCW 46.68.420
((~~(cc)~~)) (29) Washington lighthouses	$ 40.00	$ 30.00	RCW 46.68.420
((~~(dd)~~)) (30) Washington state aviation	$ 40.00	$ 30.00	RCW 46.68.420
((~~(ee)~~)) (31) Washington state parks	$ 40.00	$ 30.00	RCW 46.68.425
((~~(ff)~~)) (32) Washington state wrestling	$ 40.00	$ 30.00	RCW 46.68.420
((~~(gg)~~)) (33) Washington tennis	$ 40.00	$ 30.00	RCW 46.68.420
((~~(hh)~~)) (34) Washington's fish collection	$ 40.00	$ 30.00	RCW 46.68.425
((~~(ii)~~)) (35) Washington's national parks	$ 40.00	$ 30.00	RCW 46.68.420
((~~(jj)~~)) (36) Washington's wildlife collection	$ 40.00	$ 30.00	RCW 46.68.425
((~~(kk)~~)) (37) We love our pets	$ 40.00	$ 30.00	RCW 46.68.420
((~~(ll)~~)) (38) Wild on Washington	$ 40.00	$ 30.00	RCW 46.68.425

(((2) After deducting administration and collection expenses for the sale of baseball stadium license plates, the remaining proceeds must be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.))

Sec. 5.5. RCW 46.18.200 and 2017 c 25 s 1 and 2017 c 11 s 2 are each reenacted and amended to read as follows:

(1) Special license plate series reviewed and approved by the department:

(a) May be issued in lieu of standard issue or personalized license plates for vehicles required to display one and two license plates unless otherwise specified;

(b) Must be issued under terms and conditions established by the department;

(d) Must display a symbol or artwork approved by the department.

(2) The department approves and shall issue the following special license plates:

LICENSE PLATE	DESCRIPTION, SYMBOL, OR ARTWORK
4-H	Displays the "4-H" logo.
Armed forces collection	Recognizes the contribution of veterans, active duty military personnel, reservists, and members of the national guard, and includes six separate designs, each containing a symbol representing a different branch of the armed forces to include army, navy, air force, marine corps, coast guard, and national guard.
Breast cancer awareness	Displays a pink ribbon symbolizing breast cancer awareness.
Endangered wildlife	Displays a symbol or artwork symbolizing endangered wildlife in Washington state.
Fred Hutch	Displays the Fred Hutch logo.
Gonzaga University alumni association	Recognizes the Gonzaga University alumni association.
Helping kids speak	Recognizes an organization that supports programs that provide no-cost speech pathology programs to children.
Keep kids safe	Recognizes efforts to prevent child abuse and neglect.
Law enforcement memorial	Honors law enforcement officers in Washington killed in the line of duty.
Music matters	Displays the "Music Matters" logo.
Professional firefighters and paramedics	Recognizes professional firefighters and paramedics who are members of the Washington state council of firefighters.
Seattle Mariners	Displays the "Seattle Mariners" logo.
Seattle Seahawks	Displays the "Seattle Seahawks" logo.
Seattle Sounders FC	Displays the "Seattle Sounders FC" logo.
Seattle University	Recognizes Seattle University.
Share the road	Recognizes an organization that promotes bicycle safety and awareness education.
Ski & ride Washington	Recognizes the Washington snowsports industry.
State flower	Recognizes the Washington state flower.
Volunteer firefighters	Recognizes volunteer firefighters.
Washington farmers and ranchers	Recognizes farmers and ranchers in Washington state.
Washington lighthouses	Recognizes an organization that supports selected Washington state lighthouses and provides environmental education programs.
Washington state aviation	Displays a Stearman biplane in the foreground with an image of Mount Rainier in the background.
Washington state parks	Recognizes Washington state parks as premier destinations of uncommon quality that preserve significant natural, cultural, historical, and recreational resources.
Washington state wrestling	Promotes and supports college wrestling in the state of Washington.
Washington tennis	Builds awareness and year-round opportunities for tennis in Washington state. Displays a symbol or artwork recognizing tennis in Washington state.
Washington's fish collection	Recognizes Washington's fish.
Washington's national park fund	Builds awareness of Washington's national parks and supports priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks.
((~~Washington's fish collection~~	~~Recognizes Washington's fish.~~))
Washington's wildlife collection	Recognizes Washington's wildlife.
We love our pets	Recognizes an organization that assists local member agencies of the federation of animal welfare and control agencies to promote and perform spay/neuter surgery on Washington state pets to reduce pet overpopulation.
Wild on Washington	Symbolizes wildlife viewing in Washington state.

(3) Applicants for initial and renewal professional firefighters and paramedics special license plates must show proof of eligibility by providing a certificate of current membership from the Washington state council of firefighters.

(4) Applicants for initial volunteer firefighters special license plates must (a) have been a volunteer firefighter for at least ten years or be a volunteer firefighter for one or more years and (b) have documentation of service from the district of the appropriate fire service. If the volunteer firefighter leaves firefighting service before ten years of service have been completed, the volunteer firefighter shall surrender the license plates to the department on the registration renewal date. If the volunteer firefighter stays in service for at least ten years and then leaves, the license plate may be retained by the former volunteer firefighter and as long as the license plate is retained for use the person will continue to pay the future registration renewals. A qualifying volunteer firefighter may have no more than one set of license plates per vehicle, and a maximum of two sets per applicant, for their personal vehicles. If the volunteer firefighter is convicted of a violation of RCW 46.61.502 or a felony, the license plates must be surrendered upon conviction.

Sec. 6.6. RCW 46.68.430 and 2010 c 161 s 811 are each amended to read as follows:

(1) The department shall:

(a) Collect special license plates fees established under RCW 46.17.220((~~(1) (c) and (e)~~)) (6);

(b) Deduct an amount not to exceed twelve dollars for initial issue and two dollars for renewal issue for administration and collection expenses incurred by it; and

(2) The state treasurer shall credit the remaining special license plate fees to the following accounts by special license plate type:

SPECIAL LICENSE PLATE TYPE	ACCOUNT	PURPOSE
((~~Baseball stadium~~	~~A county~~	To pay the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After the principal and interest payments on bonds have been made, the state treasurer shall credit the funds to the state general fund.))
Collegiate	RCW 28B.10.890	Student scholarships

NEW SECTION. Sec. 7.7. A new section is added to chapter 46.04 RCW to read as follows:

"Seattle Mariners license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing the Seattle Mariners.

NEW SECTION. Sec. 8.8. The following acts or parts of acts are each repealed:

(1)RCW 46.04.062 (Baseball stadium license plate) and 2010 c 161 s 105; and

(2)RCW 46.18.215 (Baseball stadium license plates) and 2011 c 332 s 3, 2010 c 161 s 614, 1997 c 291 s 5, 1995 3rd sp.s. c 1 s 102, 1994 c 194 s 2, & 1990 c 250 s 1.

NEW SECTION. Sec. 9.9. Sections 3 through 8 of this act take effect January 1, 2019."

Correct the title.

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

MOTION

Senator Kuderer moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5746.

Senator Kuderer spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Kuderer that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5746.

The motion by Senator Kuderer carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5746 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5746, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5746, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5746, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

PERSONAL PRIVILEGE

Senator Braun: “Thank you Mr. President. So, I would like to just take a moment Mr. President, to recognize a great Washington General from my district who passed away last week, if I may?

President Habib: “Please.”

Senator Braun: “Several folks in this chamber may know Cy Meyers, he’s a well known certainly in republican circles, but well known much beyond those circles for the work he did for his community and for the state. And if I may, I am just going to give you a little background. Because I think his life provides, is an inspirational story for all of us and one that we could surely use as an example in these days. So, Cy Meyers was born in Hood River, Oregon actually I guess Parkdale, Oregon, but he grew up in Hood River, Oregon and graduated from Hood River High School back in 1943. He had actually been drafted by the U.S. Army and got a deferment to finish high school. Interesting story, he was signed into the army as an enlisted member and negotiated to get discharged from the army and the same day signed up with the navy in the same day get transferred to the marine corps in the same day because he really wanted to be in the marine corps because his father was in the marine corps. So this was 1943, the country was at war, and just to back up a little bit, prior to that, and I passed out an article, and I think that you’ll find interesting reading. It was actually published back, initially back in 2009 when his wife passed away, and it is great story about Cy, but he in high school naturally during Pearl Harbor. He tells about some of his Japanese American friends being processed for interment and the sadness that caused. It really was a sad day for the nation frankly and we had some discussion about that earlier in the session. But to get back to my story, joined the marine corps, fought in Iwo Jima, was part of a tank battalion in Iwo Jima, went on to serve in the occupation of Japan, the war ended he left the marine corps. Actually joined the reserves, came home met his soon to be wife in Hood River, went to work driving a fruit truck, did that and selling fruit for about ten years, during which time he got pulled back into the marine corps as part of the conflict in Korea, finished that, came home and just went back to work like many Americans in that era did. Doing just a blue collar worker, getting the job done, taking care of his family. In, I think it was around 1960, he moved to the Winlock area which is in my district Mr. President, went to work selling eggs. Now eggs at the time, Winlock was the egg capital of the world, they still have an enormous model egg in Winlock. If you’re ever passing through it is right off I-5. Great place to stop for lunch or breakfast. But Cy sold eggs for twenty years nearly, which is pretty interesting, again kind of a blue collar job, he retired from that and went to work as the custodian at the Winlock High School for ten years. And he loved it there. He loved being part of the community, being part of the school district, being close to the children, and he was a great role model for the children. He worked there all through the 80s, technically retired in the 90s although I never seen Cy technically actually look like he was retired. From there he went directly in to work in his community and he did all kinds of stuff. He worked for the Lions, with the booster club, with Little League, he served on the school board, he served as a council member, he ultimately became mayor in the early 2000s and that’s actually when I met Cy. He was the mayor and this is a gentleman at the time in his 80s, he was Mayor of Winlock. And I first met him when I was on the school, Timberland Library Board at the time and we were down there taking a look at the Winlock Library. And the Winlock Library is a very nice library, of course I am very proud of all the Timberland Libraries, but it is nothing like what you would see like in the city of Seattle. It is a fairly modest building. But you couldn’t find a person more proud to have a library in the town of Winlock and so proud of his community, and so eager to help the folks in his community succeed. It’s just inspiring. That’s the first time I met Cy. It felt, from that day on it felt like I’d known him forever. And I seen him off an on as I said I often see him at Republican events, but for him and I just want to mention that for him, he was a very staunch Republican, but for him it was actually the sort of thing, you know, perhaps on both sides of the aisle there are times when we are not as proud of our partisan affiliations as we would like to be. But when you met Cy it made you proud. Cause he was just a good guy. He’s a great American. He’s a good friend. And he lived a great life. The type of life I think we all could be inspired by and I want to thank Governor Gregoire for ultimately nominating him to be one of our Washington Generals. It is a great program. It is great that they honor people like this. Thank you Mr. President.”

MOTION

At 3:56 p.m., on motion of Senator Liias, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 4:59 p.m. by President Habib.

MESSAGES FROM THE HOUSE

March 8, 2018

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE SENATE BILL NO. 5064,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5084,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5179,

SUBSTITUTE SENATE BILL NO. 5522,

SUBSTITUTE SENATE BILL NO. 5553,

SENATE BILL NO. 5598,

ENGROSSED SENATE BILL NO. 5917,

SUBSTITUTE SENATE BILL NO. 5991,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6257,

SUBSTITUTE SENATE BILL NO. 6273,

SECOND SUBSTITUTE SENATE BILL NO. 6274,

SUBSTITUTE SENATE BILL NO. 6313,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6329,

SUBSTITUTE SENATE BILL NO. 6388,

SENATE BILL NO. 6407,

SUBSTITUTE SENATE BILL NO. 6419,

SENATE BILL NO. 6471,

SUBSTITUTE SENATE BILL NO. 6474,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6491,

SUBSTITUTE SENATE BILL NO. 6493,

SUBSTITUTE SENATE BILL NO. 6514,

SUBSTITUTE SENATE BILL NO. 6560,

and the same are herewith transmitted.

BERNARD DEAN, Chief Clerk

March 8, 2018

MR. PRESIDENT:

The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:

ENGROSSED HOUSE BILL NO. 2008,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2408,

SUBSTITUTE HOUSE BILL NO. 2448,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2580,

ENGROSSED HOUSE BILL NO. 2750,

SUBSTITUTE HOUSE BILL NO. 2990,

SUBSTITUTE HOUSE BILL NO. 2998,

and the same are herewith transmitted.

NONA SNELL, Deputy Chief Clerk

March 8, 2018

MR. PRESIDENT:

The Speaker has signed:

SECOND SUBSTITUTE HOUSE BILL NO. 1506,

SECOND SUBSTITUTE HOUSE BILL NO. 1896,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2009,

HOUSE BILL NO. 2271,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2334,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2406,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2595,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2610,

SUBSTITUTE HOUSE BILL NO. 2638,

SUBSTITUTE HOUSE BILL NO. 3002,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3003,

HOUSE CONCURRENT RESOLUTION NO. 4415,

and the same are herewith transmitted.

NONA SNELL, Deputy Chief Clerk

SIGNED BY THE PRESIDENT

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3003,

SUBSTITUTE SENATE BILL NO. 5683,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6002,

SUBSTITUTE SENATE BILL NO. 6051,

SENATE BILL NO. 6058,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6068,

SUBSTITUTE SENATE BILL NO. 6133,

SENATE BILL NO. 6159,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6160,

SENATE BILL NO. 6163,

SUBSTITUTE SENATE BILL NO. 6175,

ENGROSSED SENATE BILL NO. 6211,

SECOND SUBSTITUTE SENATE BILL NO. 6245,

SUBSTITUTE SENATE BILL NO. 6437,

SUBSTITUTE SENATE BILL NO. 6519,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6034,

SUBSTITUTE SENATE BILL NO. 6055,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6269,

SUBSTITUTE SENATE BILL NO. 6317,

SENATE BILL NO. 5020,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6162,

SUBSTITUTE SENATE BILL NO. 6334,

SUBSTITUTE SENATE BILL NO. 6452.

MOTION

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

MOTION

Senator Liias moved adoption of the following resolution:

SENATE RESOLUTION

8732

By Senators Liias, King, Hobbs, Fain, Wellman, Billig, Darneille, Dhingra, Kuderer, Ranker, Hasegawa, Keiser, Frockt, McCoy, Rolfes, Carlyle, Chase, Palumbo, Hunt, Cleveland, Takko, Conway, Saldaña, and Pedersen

WHEREAS, Representative Judy Clibborn has dedicated her career to the good of the people; and

WHEREAS, She began her service as a Registered Head Nurse at Harborview Medical Center; and

WHEREAS, She made the correct choice to become a Husky in receiving her degrees from the University of Washington; and

WHEREAS, She previously served her Mercer Island community as the mayor, city councilmember, and the Executive Director of the Mercer Island Chamber of Commerce; and

WHEREAS, On being elected to the House of Representatives in 2003, she quickly demonstrated patience, humility, and a willingness to listen, earning the respect of colleagues in both caucuses; and

WHEREAS, Since being named Chair of the House Transportation Committee in 2007, she has connected all corners of our state, helped build bridges, both physical and metaphorical, and graciously served all residents of Washington; and

WHEREAS, Throughout her distinguished career in public service she has maintained a rich family life, married to her loving supportive husband Bruce for 52 years, raising their three children Andrea, Erica, and Chad, and spoiling their six grandchildren, Whitney, Blake, Parker, Cash, Owen, and Nora; and

WHEREAS, She also served as a foster parent, providing a safe home and loving heart for children who needed them; and

WHEREAS, She is an unabashed feminist and encourages women everywhere to serve their communities and take the lead; and

WHEREAS, Her leadership and service have benefited all residents of Washington, so much so that she has received various awards and accolades, including Legislator of the Year from both the Associated General Contractors of Washington in 2010 and the Washington State Transit Association in 2015; and

WHEREAS, It is clear that she is a person who knows what she wants, as evidenced by the fact that she always orders the same lunch of turkey sandwich on wheat, plain lays chips, and a diet coke; and

WHEREAS, Judy has demonstrated that she understands the value of being economical, dependable, committed, and resourceful by refusing to upgrade her iPhone 5; and

WHEREAS, She demonstrated her strong grasp of work-life balance by negotiating the historic 2015 transportation revenue package, in part at least from a beach in Mexico while celebrating her 70th birthday with her family;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize Representative Judy Clibborn and the contributions she has made to her Mercer Island community, the state, and both chambers during her fifteen years of service to the Legislature.

Senators Liias, King, Wellman, Fain, Hobbs, Hawkins, Pedersen, Takko, Warnick, Hunt, Bailey, Ranker, Zeiger and Kuderer spoke in favor of adoption of the resolution.

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8732.

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

REMARKS BY THE PRESIDENT

President Habib: “The President would like to take a moment, and I have already asked her if she would like to address the Senate, but I just want to take the President’s Privilege of just saying one thing about Representative Clibborn which is that I, my first experience in the Legislature, ever coming to the legislature testifying on, in support of then Representative Carlyle’s bill on distracted driving, in the House Transportation Committee, I was in front of Judy Clibborn, and you all would be unsurprised to know that I went long and did not have a green light prompt that obviously made any difference to me, or red light. So, I kept talking and she very gently gave me the last line treatment and when I went back as Lieutenant Governor a week or two ago for one of my bills that we just passed earlier today, I was very sure to be brief in my remarks. But you know she, I came in replacing I think her best friend, or one of her best friends, Deb Eddy, and I had some concern about how she would feel about me taking her place but she was just so gracious and welcoming as all these stories today have indicated of bringing me into the eastside legislators community.

And one final point I want to make, and she’ll correct me if I am wrong, but I believe Judy was the first woman to represent at least the core east side. I know there was Kathleen Drew was, Senator Drew here from the 5^th, but 41^st, 48^th and 45^th which now has an entirely female delegation, all nine legislators that touch Lake Washington on the east side there are women now but when she was first elected I believe you were the first to hold that distinction and she is just a trailblazer in so many ways. And Representative Clibborn, please know that if it weren’t sine die it wouldn’t have been one-third of the senators speaking it would be every single one of the senators speaking. But please know how much this body appreciates you, respects you and now if you would do us the great honor of taking the podium and just speaking to us from the President’s desk.”

REMARKS BY REPRESENTATIVE CLIBBORN

Representative Clibborn: So, I wasn’t prepared for this. I am overwhelmed and I am so appreciative. Here we are, the last day. We don’t have a lot of time and we are all sitting here talking about some of my favorite stories. And I wasn’t the first woman, I replaced Ida Ballasiotes, but I was the first Democrat. So, that was, yeah. But it doesn’t matter, I like everyone, and I like to work with everyone. It has been so overwhelming and I am so moved by your stories. I know each of you. I know those stories and I think about you. Some of you have been my inspiration. I have learned so much from all of you. I didn’t start out being patient and I didn’t start out being able to hear all sides. I had to learn to do that and so one thing I have been saying is as we look at how we work with each other, as we learn from each other, I hope that we continue to work together because that is what made us so able to do the things that you are all talking about. If we work together we wouldn’t have had the package and you are all my friends and I just appreciate this so much. I can’t say enough. Thank you.”

MOTION

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

PERSONAL PRIVILEGE

Senator Keiser: “I’d just like to note that today is International Womens Day and this has been an international celebration since 2008, no 1908. It is a very old celebration. And I just wanted to notice that we have had a lot to celebrate in this chamber this year when it comes to women’s rights because we’ve done some really good work and passed some very good bills. And I wan to thank all of the members here, but especially I would like to thank some people who don’t usually get much attention. A lot of times in these celebrations we talk about the very famous and sometimes the very notorious women in the world, but today I would just like to read the first names of the women who work on our custodial staff and clean up after our messes. Because as you know, we make a lot of mess around here.

President Habib: “Please proceed.”

Senator Keiser: “Thank you. So I would like to thank on this International Women’s Day our custodial staff people including Shelly, Swoon, LeAnn, Mong, and yes that is her real name, Cena, Cassie, Doris #1, Doris #2, Kim, Annette, and Larissa. And the next time you see them would you please say thank you. Thank you very much.

MOTION

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

SECOND READING

ENGROSSED HOUSE BILL NO. 2444, by Representatives Slatter, Robinson, McBride, Clibborn, Appleton, Tharinger, Kloba, Doglio and Tarleton

Providing a real estate excise tax exemption for certain transfers of low-income housing.

The measure was read the second time.

MOTION

Senator Frockt moved that the following committee striking amendment by the Committee on Ways & Means be adopted:

0.0.

Strike everything after the enacting clause and insert the following:

"Sec. 1.1. RCW 82.45.010 and 2014 c 58 s 24 are each amended to read as follows:

(1) As used in this chapter, the term "sale" has its ordinary meaning and includes any conveyance, grant, assignment, quitclaim, or transfer of the ownership of or title to real property, including standing timber, or any estate or interest therein for a valuable consideration, and any contract for such conveyance, grant, assignment, quitclaim, or transfer, and any lease with an option to purchase real property, including standing timber, or any estate or interest therein or other contract under which possession of the property is given to the purchaser, or any other person at the purchaser's direction, and title to the property is retained by the vendor as security for the payment of the purchase price. The term also includes the grant, assignment, quitclaim, sale, or transfer of improvements constructed upon leased land.

(2)(a) The term "sale" also includes the transfer or acquisition within any twelve-month period of a controlling interest in any entity with an interest in real property located in this state for a valuable consideration.

(b) For the sole purpose of determining whether, pursuant to the exercise of an option, a controlling interest was transferred or acquired within a twelve-month period, the date that the option agreement was executed is the date on which the transfer or acquisition of the controlling interest is deemed to occur. For all other purposes under this chapter, the date upon which the option is exercised is the date of the transfer or acquisition of the controlling interest.

(c) For purposes of this subsection, all acquisitions of persons acting in concert must be aggregated for purposes of determining whether a transfer or acquisition of a controlling interest has taken place. The department must adopt standards by rule to determine when persons are acting in concert. In adopting a rule for this purpose, the department must consider the following:

(i) Persons must be treated as acting in concert when they have a relationship with each other such that one person influences or controls the actions of another through common ownership; and

(ii) When persons are not commonly owned or controlled, they must be treated as acting in concert only when the unity with which the purchasers have negotiated and will consummate the transfer of ownership interests supports a finding that they are acting as a single entity. If the acquisitions are completely independent, with each purchaser buying without regard to the identity of the other purchasers, then the acquisitions are considered separate acquisitions.

(3) The term "sale" does not include:

(a) A transfer by gift, devise, or inheritance.

(b) A transfer by transfer on death deed, to the extent that it is not in satisfaction of a contractual obligation of the decedent owed to the recipient of the property.

(d) A cancellation or forfeiture of a vendee's interest in a contract for the sale of real property, whether or not such contract contains a forfeiture clause, or deed in lieu of foreclosure of a mortgage.

(e) The partition of property by tenants in common by agreement or as the result of a court decree.

(f) The assignment of property or interest in property from one spouse or one domestic partner to the other spouse or other domestic partner in accordance with the terms of a decree of dissolution of marriage or state registered domestic partnership or in fulfillment of a property settlement agreement.

(g) The assignment or other transfer of a vendor's interest in a contract for the sale of real property, even though accompanied by a conveyance of the vendor's interest in the real property involved.

(h) Transfers by appropriation or decree in condemnation proceedings brought by the United States, the state or any political subdivision thereof, or a municipal corporation.

(i) A mortgage or other transfer of an interest in real property merely to secure a debt, or the assignment thereof.

(j) Any transfer or conveyance made pursuant to a deed of trust or an order of sale by the court in any mortgage, deed of trust, or lien foreclosure proceeding or upon execution of a judgment, or deed in lieu of foreclosure to satisfy a mortgage or deed of trust.

(k) A conveyance to the federal housing administration or veterans administration by an authorized mortgagee made pursuant to a contract of insurance or guaranty with the federal housing administration or veterans administration.

(l) A transfer in compliance with the terms of any lease or contract upon which the tax as imposed by this chapter has been paid or where the lease or contract was entered into prior to the date this tax was first imposed.

(m) The sale of any grave or lot in an established cemetery.

(n) A sale by the United States, this state or any political subdivision thereof, or a municipal corporation of this state.

(o) A sale to a regional transit authority or public corporation under RCW 81.112.320 under a sale/leaseback agreement under RCW 81.112.300.

(p) A transfer of real property, however effected, if it consists of a mere change in identity or form of ownership of an entity where there is no change in the beneficial ownership. These include transfers to a corporation or partnership which is wholly owned by the transferor and/or the transferor's spouse or domestic partner or children of the transferor or the transferor's spouse or domestic partner. However, if thereafter such transferee corporation or partnership voluntarily transfers such real property, or such transferor, spouse or domestic partner, or children of the transferor or the transferor's spouse or domestic partner voluntarily transfer stock in the transferee corporation or interest in the transferee partnership capital, as the case may be, to other than (i) the transferor and/or the transferor's spouse or domestic partner or children of the transferor or the transferor's spouse or domestic partner, (ii) a trust having the transferor and/or the transferor's spouse or domestic partner or children of the transferor or the transferor's spouse or domestic partner as the only beneficiaries at the time of the transfer to the trust, or (iii) a corporation or partnership wholly owned by the original transferor and/or the transferor's spouse or domestic partner or children of the transferor or the transferor's spouse or domestic partner, within three years of the original transfer to which this exemption applies, and the tax on the subsequent transfer has not been paid within sixty days of becoming due, excise taxes become due and payable on the original transfer as otherwise provided by law.

(q)(i) A transfer that for federal income tax purposes does not involve the recognition of gain or loss for entity formation, liquidation or dissolution, and reorganization, including but not limited to nonrecognition of gain or loss because of application of 26 U.S.C. Sec. 332, 337, 351, 368(a)(1), 721, or 731 of the internal revenue code of 1986, as amended.

(ii) However, the transfer described in (q)(i) of this subsection cannot be preceded or followed within a twelve-month period by another transfer or series of transfers, that, when combined with the otherwise exempt transfer or transfers described in (q)(i) of this subsection, results in the transfer of a controlling interest in the entity for valuable consideration, and in which one or more persons previously holding a controlling interest in the entity receive cash or property in exchange for any interest the person or persons acting in concert hold in the entity. This subsection (3) (q)(ii) does not apply to that part of the transfer involving property received that is the real property interest that the person or persons originally contributed to the entity or when one or more persons who did not contribute real property or belong to the entity at a time when real property was purchased receive cash or personal property in exchange for that person or persons' interest in the entity. The real estate excise tax under this subsection (3)(q)(ii) is imposed upon the person or persons who previously held a controlling interest in the entity.

(r) A qualified sale of a manufactured/mobile home community, as defined in RCW 59.20.030, that takes place on or after June 12, 2008, but before December 31, 2018.

(s)(i) A transfer of a qualified low-income housing development or controlling interest in a qualified low-income housing development, unless, due to noncompliance with federal statutory requirements, the seller is subject to recapture, in whole or in part, of its allocated federal low-income housing tax credits within the four years prior to the date of transfer.

(ii) For purposes of this subsection (3)(s), "qualified low-income housing development" means real property and improvements in respect to which the seller or, in the case of a transfer of a controlling interest, the owner or beneficial owner, was allocated federal low-income housing tax credits authorized under 26 U.S.C. Sec. 42 or successor statute, by the Washington state housing finance commission or successor state-authorized tax credit allocating agency.

NEW SECTION. Sec. 2.2. This act applies with respect to transfers occurring before, on, or after the effective date of this section. However, this act may not be construed by the department of revenue, state board of tax appeals, or any court as authorizing the refund of any tax liability imposed or authorized under chapter 82.45 or 82.46 RCW and properly paid before the effective date of section 1 of this act with respect to a transfer of qualified low-income housing as defined in RCW 82.45.010(3)(s).

NEW SECTION. Sec. 3.3. This act takes effect July 1, 2018."

On page 1, line 2 of the title, after "housing;" strike the remainder of the title and insert "amending RCW 82.45.010; creating a new section; and providing an effective date."

MOTION

Senator Liias moved that the following floor amendment no. 952 by Senator Carlyle be adopted:

0.0.

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

"(iii) This subsection (3)(s) does not apply to transfers of a qualified low-income housing development or controlling interest in a qualified low-income housing development occurring on or after July 1, 2035.

(iv) The Washington state housing finance commission, in consultation with the department, must gather data on: (A) The fiscal savings, if any, accruing to transferees as a result of the exemption provided in this subsection (3)(s); (B) the extent to which transferors of qualified low-income housing developments receive consideration, including any assumption of debt, as part of a transfer subject to the exemption provided in this subsection (3)(s); and (C) the continued use of the property for low-income housing. The Washington state housing finance commission must provide this information to the joint legislative audit and review committee. The committee must conduct a review of the tax preference created under this subsection (3)(s) in calendar year 2033, as required under chapter 43.136 RCW."

Senators Liias and Fain spoke in favor of adoption of the amendment to the committee striking amendment.

The President declared the question before the Senate to be the adoption of floor amendment no. 952 by Senator Carlyle on page 5, after line 4 to the committee striking amendment.

The motion by Senator Liias carried and floor amendment no. 952 was adopted by voice vote.

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means as amended to Engrossed House Bill No. 2444.

The motion by Senator Frockt carried and the committee striking amendment as amended was adopted by voice vote.

MOTION

On motion of Senator Frockt, the rules were suspended, Engrossed House Bill No. 2444 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Frockt spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2444 as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 2444 as amended by the Senate 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, 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: Senator Hasegawa

ENGROSSED HOUSE BILL NO. 2444, 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.

MOTION

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

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Hunt moved that Monica Alexander, Senate Gubernatorial Appointment No. 9336, be confirmed as a member of the The Evergreen State College Board of Trustees.

Senators Hunt and Padden spoke in favor of the motion.

APPOINTMENT OF MONICA ALEXANDER

The President declared the question before the Senate to be the confirmation of Monica Alexander, Senate Gubernatorial Appointment No. 9336, as a member of the The Evergreen State College Board of Trustees.

The Secretary called the roll on the confirmation of Monica Alexander, Senate Gubernatorial Appointment No. 9336, as a member of the The Evergreen State College Board of Trustees and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Monica Alexander, Senate Gubernatorial Appointment No. 9336, having received the constitutional majority was declared confirmed as a member of the The Evergreen State College Board of Trustees.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Rolfes moved that Deborah Jensen, Senate Gubernatorial Appointment No. 9185, be confirmed as a member of the Puget Sound Partnership Leadership Council.

Senator Rolfes spoke in favor of the motion.

APPOINTMENT OF DEBORAH JENSEN

The President declared the question before the Senate to be the confirmation of Deborah Jensen, Senate Gubernatorial Appointment No. 9185, as a member of the Puget Sound Partnership Leadership Council.

The Secretary called the roll on the confirmation of Deborah Jensen, Senate Gubernatorial Appointment No. 9185, as a member of the Puget Sound Partnership Leadership Council and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Absent: Senator Walsh

Deborah Jensen, Senate Gubernatorial Appointment No. 9185, having received the constitutional majority was declared confirmed as a member of the Puget Sound Partnership Leadership Council.

THIRD READING

SENATE INITIATIVE NO. 940

Law enforcement

The bill was read on Third Reading.

Senators Pedersen, Hasegawa, Frockt, Dhingra and Hobbs spoke in favor of passage of the bill.

Senators Padden, Honeyford, O'Ban, Baumgartner, Ericksen, Fortunato and Wagoner spoke against passage of the bill.

The President declared the question before the Senate to be the final passage of Senate Initiative No. 940.

ROLL CALL

The Secretary called the roll on the final passage of Senate Initiative No. 940 and the passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

SENATE INITIATIVE NO. 940, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

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

MESSAGES FROM THE HOUSE

March 8, 2018

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6614,

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

March 8, 2018

MR. PRESIDENT:

The House passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6362 with the following amendment(s): 6362-S2.E AMH ENGR H5190.E

0.0.

Strike everything after the enacting clause and insert the following:

"PART I: PROGRAM FUNDING

Sec. ~~101.~~101. RCW 28A.150.260 and 2017 3rd sp.s. c 13 s 402 are each amended to read as follows:

The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:

(1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula for the distribution of a basic education instructional allocation for each common school district.

(2)(a) The distribution formula under this section shall be for allocation purposes only. Except as may be required under subsections (4)(b) and (c) and (9) of this section, chapter 28A.155, 28A.165, 28A.180, or 28A.185 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.

(b) To promote transparency in state funding allocations, the superintendent of public instruction must report state per-pupil allocations for each school district for the general apportionment, special education, learning assistance, transitional bilingual, highly capable, and career and technical education programs. The superintendent must also report state general apportionment per-pupil allocations by grade for each school district. The superintendent must report this information in a user-friendly format on the main page of the office's web site and on school district apportionment reports. School districts must include a link to the superintendent's per-pupil allocations report on the main page of the school district's web site. In addition, the budget documents published by the legislature for the enacted omnibus operating appropriations act must report statewide average per-pupil allocations for general apportionment and the categorical programs listed in this subsection.

(3)(a) To the extent the technical details of the formula have been adopted by the legislature and except when specifically provided as a school district allocation, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.

(b) For the purposes of this section, prototypical schools are defined as follows:

(i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;

(ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and

(iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.

(4)(a)(i) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on the following general education average class size of full-time equivalent students per teacher:

General education

average class size

Grades K-3.......................................................................................................................................................................................... 17.00

Grade 4.................................................................................................................................................................................................. 27.00

Grades 5-6............................................................................................................................................................................................. 27.00

Grades 7-8............................................................................................................................................................................................. 28.53

Grades 9-12........................................................................................................................................................................................... 28.74

(ii) The minimum class size allocation for each prototypical high school shall also provide for enhanced funding for class size reduction for two laboratory science classes within grades nine through twelve per full-time equivalent high school student multiplied by a laboratory science course factor of 0.0833, based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours in RCW 28A.150.220, and providing at least one teacher planning period per school day:

Laboratory science

average class size

(b)(i) Beginning September 1, ((~~2018~~)) 2019, funding for average K-3 class sizes in this subsection (4) may be provided only to the extent of, and proportionate to, the school district's demonstrated actual class size in grades K-3, up to the funded class sizes.

(ii) The office of the superintendent of public instruction shall develop rules to implement this subsection (4)(b).

(c)(i) The minimum allocation for each prototypical middle and high school shall also provide for full-time equivalent classroom teachers based on the following number of full-time equivalent students per teacher in career and technical education:

Career and technical

education average

class size

Approved career and technical education offered at

the middle school and high school level............................................................................................................................................. 23.00

Skill center programs meeting the standards established

by the office of the superintendent of public

instruction............................................................................................................................................................................................ 20.00

(ii) Funding allocated under this subsection (4)(c) is subject to RCW 28A.150.265.

(d) In addition, the omnibus appropriations act shall at a minimum specify:

(i) A high-poverty average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals; and

(ii) A specialty average class size for advanced placement and international baccalaureate courses.

(5) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:

	Elementary School	Middle School	High School
Principals, assistant principals, and other certificated building‑level administrators.....	1.253	1.353	1.880
Teacher-librarians, a function that includes information literacy, technology, and media to support school library media programs................................................................	0.663	0.519	0.523
Health and social services:
School nurses..................................................................................................................	0.076	0.060	0.096
Social workers.................................................................................................................	0.042	0.006	0.015
Psychologists...................................................................................................................	0.017	0.002	0.007
Guidance counselors, a function that includes parent outreach and graduation advising.............................................................................................................................................	0.493	1.216	2.539
Teaching assistance, including any aspect of educational instructional services provided by classified employees.......................................................................................	0.936	0.700	0.652
Office support and other noninstructional aides.............................................................	2.012	2.325	3.269
Custodians.......................................................................................................................	1.657	1.942	2.965
Classified staff providing student and staff safety..........................................................	0.079	0.092	0.141
Parent involvement coordinators....................................................................................	0.0825	0.00	0.00

(6)(a) The minimum staffing allocation for each school district to provide district‑wide support services shall be allocated per one thousand annual average full‑time equivalent students in grades K‑12 as follows:

Staff per 1,000

K-12 students

Technology............................................................................................................................................................................................ 0.628

Facilities, maintenance, and grounds.................................................................................................................................................... 1.813

Warehouse, laborers, and mechanics.................................................................................................................................................... 0.332

(b) The minimum allocation of staff units for each school district to support certificated and classified staffing of central administration shall be 5.30 percent of the staff units generated under subsections (4)(a) and (5) of this section and (a) of this subsection.

(7) The distribution formula shall include staffing allocations to school districts for career and technical education and skill center administrative and other school-level certificated staff, as specified in the omnibus appropriations act.

(8)(a) Except as provided in (b) of this subsection, the minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs as provided in the 2017-18 school year, after which the allocations shall be adjusted annually for inflation as specified in the omnibus appropriations act:

Per annual average

full-time equivalent student

in grades K-12

Utilities and insurance..................................................................................................................................................................... $355.30

Curriculum and textbooks............................................................................................................................................................... $140.39

Other supplies ((~~and library materials~~))....................................................................................................................... ((~~$298.05~~)) $278.05

Library materials................................................................................................................................................................................. $20.00

Instructional professional development for certificated and

classified staff................................................................................................................................................................................... $21.71

Facilities maintenance..................................................................................................................................................................... $176.01

Security and central office administration...................................................................................................................................... $121.94

(b) In addition to the amounts provided in (a) of this subsection, beginning in the 2014-15 school year, the omnibus appropriations act shall provide the following minimum allocation for each annual average full-time equivalent student in grades nine through twelve for the following materials, supplies, and operating costs, to be adjusted annually for inflation:

Per annual average

full-time equivalent student

in grades 9-12

Curriculum and textbooks................................................................................................................................................................... $39.02

Other supplies ((~~and library materials~~))............................................................................................................................. ((~~$82.84~~)) $77.28

Instructional professional development for certificated and

(9) In addition to the amounts provided in subsection (8) of this section and subject to RCW 28A.150.265, the omnibus appropriations act shall provide an amount based on full-time equivalent student enrollment in each of the following:

(a) Exploratory career and technical education courses for students in grades seven through twelve;

(b) Preparatory career and technical education courses for students in grades nine through twelve offered in a high school; and

(c) Preparatory career and technical education courses for students in grades eleven and twelve offered through a skill center.

(10) In addition to the allocations otherwise provided under this section, amounts shall be provided to support the following programs and services:

(a)(i) To provide supplemental instruction and services for students who are not meeting academic standards through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the district percentage of students in grades K-12 who were eligible for free or reduced-price meals in the prior school year. The minimum allocation for the program shall provide for each level of prototypical school resources to provide, on a statewide average, 2.3975 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher.

(ii) In addition to funding allocated under (a)(i) of this subsection, to provide supplemental instruction and services for students who are not meeting academic standards in ((~~schools where at least fifty percent of students are eligible for free and reduced-price meals~~)) qualifying schools. A qualifying school means a school in which the three-year rolling average of the prior year total annual average enrollment that qualifies for free or reduced-price meals equals or exceeds fifty percent or more of its total annual average enrollment. The minimum allocation for this additional high poverty-based allocation must provide for each level of prototypical school resources to provide, on a statewide average, 1.1 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher, under RCW 28A.165.055, school districts must distribute the high poverty-based allocation to the schools that generated the funding allocation.

(b)(i) To provide supplemental instruction and services for students whose primary language is other than English, allocations shall be based on the head count number of students in each school who are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080. The minimum allocation for each level of prototypical school shall provide resources to provide, on a statewide average, 4.7780 hours per week in extra instruction for students in grades kindergarten through six and 6.7780 hours per week in extra instruction for students in grades seven through twelve, with fifteen transitional bilingual instruction program students per teacher. Notwithstanding other provisions of this subsection (10), the actual per-student allocation may be scaled to provide a larger allocation for students needing more intensive intervention and a commensurate reduced allocation for students needing less intensive intervention, as detailed in the omnibus appropriations act.

(ii) To provide supplemental instruction and services for students who have exited the transitional bilingual program, allocations shall be based on the head count number of students in each school who have exited the transitional bilingual program within the previous two years based on their performance on the English proficiency assessment and are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.040(1)(g). The minimum allocation for each prototypical school shall provide resources to provide, on a statewide average, 3.0 hours per week in extra instruction with fifteen exited students per teacher.

(c) To provide additional allocations to support programs for highly capable students under RCW 28A.185.010 through 28A.185.030, allocations shall be based on 5.0 percent of each school district's full-time equivalent basic education enrollment. The minimum allocation for the programs shall provide resources to provide, on a statewide average, 2.1590 hours per week in extra instruction with fifteen highly capable program students per teacher.

(11) The allocations under subsections (4)(a), (5), (6), and (8) of this section shall be enhanced as provided under RCW 28A.150.390 on an excess cost basis to provide supplemental instructional resources for students with disabilities.

(12)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (4) and (10) of this section that are based on the percent of students in the school who are eligible for free and reduced-price meals, the actual percent of such students in a school shall be adjusted by a factor identified in the omnibus appropriations act to reflect underreporting of free and reduced-price meal eligibility among middle and high school students.

(b) Allocations or enhancements provided under subsections (4), (7), and (9) of this section for exploratory and preparatory career and technical education courses shall be provided only for courses approved by the office of the superintendent of public instruction under chapter 28A.700 RCW.

(13)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature.

(b) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect.

(c) The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the first school day of each month, including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction and shall be included as part of the superintendent's biennial budget request. The definition shall be based on the minimum instructional hour offerings required under RCW 28A.150.220. Any revision of the present definition shall not take effect until approved by the house ways and means committee and the senate ways and means committee.

(d) The office of financial management shall make a monthly review of the superintendent's reported full-time equivalent students in the common schools in conjunction with RCW 43.62.050.

Sec. ~~102.~~102. RCW 28A.150.390 and 2017 3rd sp.s. c 13 s 406 are each amended to read as follows:

(1) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW 28A.150.260 (4)(a), (5), (6), and (8) and 28A.150.415.

(2) The excess cost allocation to school districts shall be based on the following:

(a) A district's annual average headcount enrollment of students ages birth through four and those five year olds not yet enrolled in kindergarten who are eligible for and enrolled in special education, multiplied by the district's base allocation per full-time equivalent student, multiplied by 1.15; and

(b) A district's annual average full-time equivalent basic education enrollment, multiplied by the district's funded enrollment percent, multiplied by the district's base allocation per full-time equivalent student, multiplied by ((~~0.9309~~)) 0.9609.

(3) As used in this section:

(a) "Base allocation" means the total state allocation to all schools in the district generated by the distribution formula under RCW 28A.150.260 (4)(a), (5), (6), and (8) and 28A.150.415, to be divided by the district's full-time equivalent enrollment.

(b) "Basic education enrollment" means enrollment of resident students including nonresident students enrolled under RCW 28A.225.225 and students from nonhigh districts enrolled under RCW 28A.225.210 and excluding students residing in another district enrolled as part of an interdistrict cooperative program under RCW 28A.225.250.

(c) "Enrollment percent" means the district's resident special education annual average enrollment, excluding students ages birth through four and those five year olds not yet enrolled in kindergarten, as a percent of the district's annual average full-time equivalent basic education enrollment.

(d) "Funded enrollment percent" means the lesser of the district's actual enrollment percent or thirteen and five-tenths percent.

NEW SECTION. Sec. ~~103.~~103. A new section is added to chapter 28A.160 RCW to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose, a transportation alternate funding grant program is created.

(2) As part of the award process for the grants, the superintendent of public instruction must include a review of the school district's efficiency rating, key performance indicators, and local school district characteristics such as unique geographic constraints, low enrollment, geographic density of students, the percentage of students served under the McKinney-Vento homeless assistance act from outside the district, or whether the district is a nonhigh district.

Sec. ~~104.~~104. RCW 28A.165.055 and 2017 3rd sp.s. c 13 s 405 are each amended to read as follows:

(1) The funds for the learning assistance program shall be appropriated in accordance with RCW 28A.150.260 and the omnibus appropriations act. The distribution formula is for school district allocation purposes only, except as provided in RCW 28A.150.260(10)(a)(ii), but all funds appropriated for the learning assistance program must be expended for the purposes of RCW 28A.165.005 through 28A.165.065.

(2) A district's high poverty-based allocation is generated by its qualifying schools ((~~buildings~~)) as defined in RCW 28A.150.260(10) and must be expended by the district for those ((~~buildings~~)) schools. This funding must supplement and not supplant the district's expenditures under this chapter for those schools ((~~buildings~~)).

NEW SECTION. Sec. ~~105.~~105. A new section is added to chapter 28A.300 RCW to read as follows:

(1) The superintendent of public instruction must require school districts to have identification procedures for their highly capable programs that are clearly stated and implemented by school districts using the following criteria:

(a) Districts must use multiple objective criteria to identify students who are among the most highly capable. Multiple pathways for qualifications must be available and no single criterion may disqualify a student from identification;

(b) Highly capable selection decisions must be based on consideration of criteria benchmarked on local norms, but local norms may not be used as a more restrictive criteria than national norms at the same percentile;

(c) Subjective measures such as teacher recommendations or report card grades may not be used to screen out a student from assessment. These data points may be used alongside other criteria during selection to support identification, but may not be used to disqualify a student from being identified; and

(d) To the extent practicable, screening and assessments must be given in the native language of the student. If native language screening and assessments are not available, a nonverbal screening and assessment must be used.

(2) The superintendent of public instruction must disseminate guidance on referral, screening, assessment, selection, and placement best practices for highly capable programs. The guidance must be regularly updated and aligned with evidence-based practices.

Sec. ~~106.~~106. RCW 28A.150.392 and 2017 3rd sp.s. c 13 s 407 are each amended to read as follows:

(1)(a) To the extent necessary, funds shall be made available for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided through the special education funding formula under RCW 28A.150.390.

(b) If the federal safety net awards based on the federal eligibility threshold exceed the federal appropriation in any fiscal year, then the superintendent shall expend all available federal discretionary funds necessary to meet this need.

(2) Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:

(a) The committee shall award additional funds for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas.

(b) In the determination of need, the committee shall consider additional available revenues from federal sources.

(c) Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.

(d) In the determination of need, the committee shall require that districts demonstrate that they are maximizing their eligibility for all state revenues related to services for special education-eligible students and all federal revenues from federal impact aid, medicaid, and the individuals with disabilities education act-Part B and appropriate special projects. Awards associated with (e) and (f) of this subsection shall not exceed the total of a district's specific determination of need.

(e) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.

(f) Using criteria developed by the committee, the committee shall then consider extraordinary costs associated with communities that draw a larger number of families with children in need of special education services, which may include consideration of proximity to group homes, military bases, and regional hospitals. Safety net awards under this subsection (2)(f) shall be adjusted to reflect amounts awarded under (e) of this subsection.

(g) The committee shall then consider the extraordinary high cost needs of one or more individual special education students served in residential schools as defined in RCW 28A.190.020, programs for juveniles under the department of corrections, and programs for juveniles operated by city and county jails to the extent they are providing a program of education for students enrolled in special education.

(h) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.

((~~(h)~~)) (i) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent of public instruction in accordance with chapter 318, Laws of 1999.

((~~(i)~~)) (j) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.

(3) The superintendent of public instruction shall adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. By ((~~September 1, 2019~~)) December 1, 2018, the superintendent shall review and revise the rules to achieve full and complete implementation of the requirements of this subsection and subsection (4) of this section including revisions to rules that provide additional flexibility to access community impact awards. Before revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature. In adopting and revising the rules, the superintendent shall ensure the application process to access safety net funding is streamlined, timelines for submission are not in conflict, feedback to school districts is timely and provides sufficient information to allow school districts to understand how to correct any deficiencies in a safety net application, and that there is consistency between awards approved by school district and by application period. The office of the superintendent of public instruction shall also provide technical assistance to school districts in preparing and submitting special education safety net applications.

(4) On an annual basis, the superintendent shall survey districts regarding their satisfaction with the safety net process and consider feedback from districts to improve the safety net process. Each year by December 1st, the superintendent shall prepare and submit a report to the office of financial management and the appropriate policy and fiscal committees of the legislature that summarizes the survey results and those changes made to the safety net process as a result of the school district feedback.

(5) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:

(a) One staff member from the office of the superintendent of public instruction;

(b) Staff of the office of the state auditor who shall be nonvoting members of the committee; and

(c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.

PART II: COMPENSATION

NEW SECTION. Sec. ~~201.~~201. The legislature recognizes that Initiative Measure No. 1433 was approved by the voters of the state of Washington in 2016 requiring employers to provide paid sick leave to each of its employees. The legislature acknowledges that the enactment of this initiative contributes to the costs of operations of the state's public schools and intends to provide funding in the omnibus appropriations act to support school districts with these additional costs.

Sec. ~~202.~~202. RCW 28A.150.410 and 2017 3rd sp.s. c 13 s 101 are each amended to read as follows:

(1) Through the 2017-18 school year, the legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260. For the purposes of this section, the staff allocations for classroom teachers, teacher-librarians, guidance counselors, and student health services staff under RCW 28A.150.260 are considered allocations for certificated instructional staff.

(2) Through the 2017-18 school year, salary allocations for state-funded basic education certificated instructional staff shall be calculated by the superintendent of public instruction by determining the district's average salary for certificated instructional staff, using the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act.

(3) Through the 2017-18 school year, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, unless:

(a) The employee has a master's degree; or

(b) The credits were used in generating state salary allocations before January 1, 1992.

(4) Beginning in the 2007-08 school year and through the 2017-18 school year, the calculation of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists regulated under Title 18 RCW may include experience in schools and other nonschool positions as occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter, up to a limit of two years of nonschool service. Nonschool years of service included in calculations under this subsection shall not be applied to service credit totals for purposes of any retirement benefit under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement system benefits.

(5) By the ((~~2019-20~~)) 2018-19 school year, the minimum state allocation for salaries for certificated instructional staff in the basic education program must be increased ((~~beginning in the 2018-19 school year~~)) to provide a statewide average allocation of sixty-four thousand dollars adjusted for inflation from the 2017-18 school year.

(6) By the ((~~2019-20~~)) 2018-19 school year, the minimum state allocation for salaries for certificated administrative staff in the basic education program must be increased ((~~beginning in the 2018-19 school year~~)) to provide a statewide average allocation of ninety-five thousand dollars adjusted for inflation from the 2017-18 school year.

(7) By the ((~~2019-20~~)) 2018-19 school year, the minimum state allocation for salaries for classified staff in the basic education program must be increased ((~~beginning in the 2018-19 school year~~)) to provide a statewide average allocation of forty-five thousand nine hundred twelve dollars adjusted by inflation from the 2017-18 school year.

(8) ((To implement the new minimum salary allocations in subsections (5) through (7) of this section, the legislature must fund fifty percent of the increased salary allocation in the 2018-19 school year and the entire increased salary allocation in the 2019-20 school year.)) For school year 2018-19, a district's minimum state allocation for salaries is the greater of the district's 2017-18 state salary allocation, adjusted for inflation, or the district's allocation based on the state salary level specified in subsections (5) through (7) of this section, and as further specified in the omnibus appropriations act.

(9) Beginning with the 2018-19 school year, state allocations for salaries for certificated instructional staff, certificated administrative staff, and classified staff must be adjusted for regional differences in the cost of hiring staff. Adjustments for regional differences must be specified in the omnibus appropriations act for each school year through at least school year 2022-23. For school years 2018-19 through school year 2022-23, the school district regionalization factors are based on the median single-family residential value of each school district and proximate school district median single-family residential value as described in RCW 28A.150.412.

(10) Beginning with the 2023-24 school year and every ((~~six~~)) four years thereafter, the minimum state salary allocations and school district regionalization factors for certificated instructional staff, certificated ((~~administration F:\Journal\2018 Journal\Journal2018\LegDay060\administrative.doc~~)) administrative staff, and classified staff must be reviewed and rebased, as provided under RCW 28A.150.412, to ensure that state salary allocations continue to align with staffing costs for the state's program of basic education.

(11) For the purposes of this section, "inflation" has the meaning provided in RCW 28A.400.205 for "inflationary adjustment index."

Sec. ~~203.~~203. RCW 28A.150.412 and 2017 3rd sp.s. c 13 s 104 are each amended to read as follows:

(1) Beginning with the 2023 regular legislative session, and every ((~~six~~)) four years thereafter, the legislature shall review and rebase state basic education compensation allocations compared to school district compensation data, regionalization factors, what inflationary measure is the most representative of actual market experience for school districts, and other economic information. The legislature shall revise the minimum allocations ((~~and~~)), regionalization factors, and inflationary measure if necessary to ensure that state basic education allocations continue to provide market-rate salaries and that regionalization adjustments reflect actual economic differences between school districts.

(2)(a) For school districts with single-family residential values above the statewide median residential value, regionalization factors for school years 2018-19 through school year 2022-23 are as follows:

(i) For school districts in tercile 1, state salary allocations for school district employees are regionalized by six percent;

(ii) For school districts in tercile 2, state salary allocations for school district employees are regionalized by twelve percent; and

(iii) For school districts in tercile 3, state salary allocations for school district employees are regionalized by eighteen percent.

(b) In addition to the regionalization factors specified in (a) of this subsection, school districts located west of the crest of the Cascade mountains and sharing a boundary with any school district with a regionalization factor more than one tercile higher, are regionalized by six additional percentage points.

(c) In addition to the regionalization factors specified in this subsection, for school districts that have certificated instructional staff median years of experience that exceed the statewide average certificated instructional staff years of experience and a ratio of certificated instructional staff advanced degrees to bachelor degrees above the statewide ratio, an experience factor of four percentage points is added to the regionalization factor, beginning in the 2019-20 school year.

(d) Additional school district adjustments are identified in the omnibus appropriations act, and these adjustments are partially reduced or eliminated by the 2022-23 school year as follows:

(i) Adjustments that increase the regionalization factor to a value that is greater than the tercile 3 regionalization factor must be reduced by two percentage points each school year beginning with school year 2020-21, through 2022-23.

(ii) Adjustments that increase the regionalization factor to a value that is less than or equal to the tercile 3 regionalization factor must be reduced by one percentage point each school year beginning with school year 2020-21, through 2022-23.

(3) To aid the legislature in reviewing and rebasing regionalization factors, the department of revenue shall, by November 1, 2022, and by November 1st every ((~~six~~)) four years thereafter, determine the median single-family residential value of each school district as well as the median value of proximate districts within fifteen miles of the boundary of the school district for which the median residential value is being calculated.

(4) No district may receive less state funding for the minimum state salary allocation as compared to its prior school year salary allocation as a result of adjustments that reflect updated regionalized salaries.

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

(a) "Median residential value of each school district" means the median value of all single-family residential parcels included within a school district and any other school district that is proximate to the school district.

(b) "Proximate to the school district" means within fifteen miles of the boundary of the school district for which the median residential value is being calculated.

(c) "School district employees" means state-funded certificated instructional staff, certificated administrative staff, and classified staff.

(d) "School districts in tercile 1" means school districts with median single-family residential values in the first tercile of districts with single-family residential values above the statewide median residential value.

(e) "School districts in tercile 2" means school districts with median single-family residential values in the second tercile of districts with single-family residential values above the statewide median residential value.

(f) "School districts in tercile 3" means school districts with median single-family residential values in the third tercile of districts with single-family residential values above the statewide median residential value.

(g) "Statewide median residential value" means the median value of single-family residential parcels located within all school districts, reduced by five percent.

Sec. ~~204.~~204. RCW 28A.400.006 and 2017 3rd sp.s. c 13 s 703 are each amended to read as follows:

(1) A school district may not ((~~provide any~~)) increase average total school district expenditures for certificated administrative staff ((~~with a percentage increase to total salary~~)) for the 2018-19 school year((, including supplemental contracts, that exceeds the previous calendar year's annual average consumer price index, using the official current base compiled by the bureau of labor statistics, United States department of labor, for the city of Seattle. However, if a district's average certificated administrative staff salary is less than the average certificated administrative salary allocated by the state for that year, the district may increase salaries not to exceed the point where the district's average certificated administrative staff salary equals the average certificated administrative staff salary allocated by the state)) in excess of the following:

(a) Annual salary inflationary adjustments based on the rate of the yearly increase of the previous calendar year's annual average consumer price index, using the official current base compiled by the bureau of labor statistics, United States department of labor, for the city of Seattle;

(b) Annual experience and education salary step increases according to what was the prior year's practice within the school district; or

(c) School districts with an average total certificated administrative staff salary less than the statewide average certificated administrative staff salary allocation used to distribute funds for basic education as estimated by the office of the superintendent of public instruction for the 2018-19 school year may provide salary increases up to the statewide average allocation.

(2) Changes to any terms of an employment contract for nonrepresented employees must comply with the same requirements established in this section.

(3) This section expires August 31, 2019.

Sec. ~~205.~~205. RCW 28A.400.200 and 2017 3rd sp.s. c 13 s 103 are each amended to read as follows:

(1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.

(2)(a) Through the 2017-18 school year, salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a baccalaureate degree and zero years of service;

(b) Salaries for certificated instructional staff with a master's degree shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a master's degree and zero years of service; and

(i) Salaries for full-time certificated instructional staff must not be less than forty thousand dollars, to be adjusted for regional differences in the cost of hiring staff as specified in RCW 28A.150.410, and to be adjusted annually by the same inflationary measure as provided in RCW 28A.400.205;

(ii) Salaries for full-time certificated instructional staff with at least five years of experience must exceed by at least ten percent the value specified in (c)(i) of this subsection;

(iii) A district may not pay full-time certificated instructional staff a salary that exceeds ninety thousand dollars, subject to adjustment for regional differences in the cost of hiring staff as specified in RCW 28A.150.410. This maximum salary is adjusted annually by the inflationary measure in RCW 28A.400.205;

(iv) These minimum and maximum salaries apply to the services provided as part of the state's statutory program of basic education and exclude supplemental contracts for additional time, responsibility, or incentive pursuant to this section or for enrichment pursuant to RCW 28A.150.276;

(v) A district may pay a salary that exceeds this maximum salary by up to ten percent for full-time certificated instructional staff: Who are educational staff associates; who teach in the subjects of science, technology, engineering, or math; or who teach in the transitional bilingual instruction or special education programs.

(3)(a)(i) Through the 2017-18 school year the actual average salary paid to certificated instructional staff shall not exceed the district's average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.

(ii) For the 2018-19 school year, salaries for certificated instructional staff are subject to the limitations in RCW 41.59.800.

(iii) Beginning with the 2019-20 school year, for purposes of subsection (4) of this section, RCW 28A.150.276, and 28A.505.100, each school district must annually identify the actual salary paid to each certificated instructional staff for services rendered as part of the state's program of basic education.

(b) Through the 2018-19 school year, fringe benefit contributions for certificated instructional staff shall be included as salary under (a)(i) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation, less the amount remitted by districts to the health care authority for retiree subsidies, provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.

(c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.

(4)(a) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, for additional responsibilities, or for incentives. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts must be accounted for by a school district when the district is developing its four-year budget plan under RCW 28A.505.040.

(b) Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 1 of the state Constitution and RCW 28A.150.220.

(c)(i) Beginning September 1, 2019, supplemental contracts for certificated instructional staff are subject to the following additional restrictions: School districts may enter into supplemental contracts only for enrichment activities as defined in and subject to the limitations of RCW 28A.150.276. ((The rate the district pays under a supplemental contract may not exceed the hourly rate provided to that same instructional staff for services under the basic education salary identified pursuant to subsection (3)(a)(iii) of this section.))

(ii) For a supplemental contract, or portion of a supplemental contract, that is time-based, the hourly rate the district pays may not exceed the hourly rate provided to that same instructional staff for services under the basic education salary identified under subsection (3)(a)(iii) of this section. For a supplemental contract, or portion of a supplemental contract that is not time-based, the contract must document the additional duties, responsibilities, or incentives that are being funded in the contract.

(5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350, 28A.400.275, and 28A.400.280.

Sec. ~~206.~~206. RCW 28A.400.205 and 2017 3rd sp.s. c 13 s 102 are each amended to read as follows:

(1) School district employees shall be provided an annual salary inflationary increase in accordance with this section.

(a) The inflationary increase shall be calculated by applying the rate of the yearly increase in the inflationary adjustment index to any state-funded salary base used in state funding formulas for teachers and other school district employees. Beginning with the ((~~2020-21~~)) 2019-20 school year, each school district shall be provided an inflationary adjustment allocation sufficient to grant this inflationary increase.

(b) A school district shall distribute its inflationary adjustment allocation for salaries and salary-related benefits in accordance with the district's collective bargaining agreements and compensation policies. No later than the end of the school year, each school district shall certify to the superintendent of public instruction that it has spent funds provided for inflationary increases on salaries and salary-related benefits.

(c) Any funded inflationary increase shall be included in the salary base used to determine inflationary increases for school employees in subsequent years. For teachers and other certificated instructional staff, the rate of the annual inflationary increase funded for certificated instructional staff shall be applied to the base salary used with the statewide salary allocation methodology established under RCW 28A.150.410 and to any other salary allocation methodologies used to recognize school district personnel costs.

(2) For the purposes of this section, "inflationary adjustment index" means, for any school year, the implicit price deflator for that fiscal year, using the official current base, compiled by the bureau of ((~~labor statistics, United States department of labor for the state of Washington~~)) economic analysis, United States department of commerce.

Sec. ~~207.~~207. RCW 41.56.800 and 2017 3rd sp.s. c 13 s 701 are each amended to read as follows:

(1) A school district collective bargaining agreement for classified staff that is executed or modified after July 6, 2017, and that is in effect for the 2018-19 school year may not ((~~provide school district classified staff with a percentage~~)) increase ((to)) average total salary for the 2018-19 school year, including supplemental contracts, ((that exceeds the previous calendar year's annual average consumer price index, using the official current base compiled by the bureau of labor statistics, United States department of labor, for the city of Seattle. However, if a district's average classified staff salary is less than the average classified salary allocated by the state for that year, the district may increase salaries not to exceed the point where the district's average classified staff salary equals the average classified staff salary allocated by the state)) in excess of the following:

(b) Annual experience and education salary step increases according to the salary schedule specified in the agreement;

(d) School districts with an average total classified staff salary less than the statewide average classified salary allocation used to distribute funds for basic education as estimated by the office of the superintendent of public instruction for the 2018-19 school year may provide salary increases up to the statewide average allocation.

(2) Changes to any terms of an employment contract for nonrepresented employees must comply with the same requirements established in this section.

(3) This section expires August 31, 2019.

Sec. ~~208.~~208. RCW 41.59.800 and 2017 3rd sp.s. c 13 s 702 are each amended to read as follows:

(1) A school district collective bargaining agreement for certificated instructional staff that is executed or modified after July 6, 2017, and that is in effect for the 2018-19 school year may not ((~~provide school district certificated instructional staff with a percentage~~)) increase ((to)) average total salary for the 2018-19 school year, including supplemental contracts, ((that exceeds the previous calendar year's annual average consumer price index, using the official current base compiled by the bureau of labor statistics, United States department of labor, for the city of Seattle. However, if a district's average certificated instructional staff salary is less than the average certificated instructional staff salary allocated by the state for that year, the district may increase salaries not to exceed the point where the district's average certificated instructional staff salary equals the average certificated instructional staff salary allocated by the state)) in excess of the following:

(b) Annual experience and education salary step increases according to the salary schedule specified in the agreement;

(d) Salary changes to provide professional learning under RCW 28A.415.430;

(e) Increases related to bonuses for attaining certification from the national board for professional teaching standards;

(f) School districts with an average total certificated instructional staff salary less than the statewide average certificated instructional staff salary allocation used to distribute funds for basic education as estimated by the office of the superintendent of public instruction for the 2018-19 school year may provide salary increases up to the statewide average allocation; or

(g) Salaries for new certificated instructional staff hired in the 2018-19 school year.

(2) Changes to any terms of an employment contract for nonrepresented employees must comply with the same requirements established in this section.

(3) This section expires August 31, 2019.

NEW SECTION. Sec. ~~209.~~209. The superintendent of public instruction shall convene a work group, that must include representatives of diverse school districts and education stakeholders to make recommendations to define the duties and responsibilities that entail a "school day" under the state's statutory program of basic education under RCW 28A.150.220 and 28A.150.260. The recommendations must consider: The professional responsibilities, time, and effort required to provide the state's statutory program of basic education that exceed the required number of instructional hours specified in RCW 28A.150.220, and duties covered by state salary allocations that may be outside of school instructional time including, but not limited to, direct instruction required in RCW 28A.150.220; the necessary preparations, planning, and coordination for that instruction; meeting with and collaborating with parents and other teachers or other staff regarding the program of basic education; and the necessary evaluation of student learning from that instruction. The superintendent shall report the recommendations to the education policy and operating budget committees of the legislature by January 14, 2019.

PART III: LEVIES

Sec. ~~301.~~301. RCW 28A.150.276 and 2017 3rd sp.s. c 13 s 501 are each amended to read as follows:

(1)(a) Beginning September 1, ((~~2019~~)) 2018, school districts may use local revenues only for documented and demonstrated enrichment of the state's statutory program of basic education as authorized in subsection (2) of this section.

(b) Nothing in this section revises the definition or the state funding of the program of basic education under RCW 28A.150.220 and 28A.150.260.

(c) For purposes of this section, "local revenues" means enrichment levies collected under RCW 84.52.053, ((~~transportation vehicle enrichment levies,~~)) local effort assistance funding received under chapter 28A.500 RCW, and other school district local revenues including, but not limited to, grants, donations, and state and federal payments in lieu of taxes, except that "local revenues" does not include other federal revenues, or local revenues that operate as an offset to the district's basic education allocation under RCW 28A.150.250.

(2)(a) Enrichment activities are permitted under this section if they provide supplementation beyond the state:

(i) Minimum instructional offerings of RCW 28A.150.220 or 28A.150.260;

(ii) Staffing ratios or program components of RCW 28A.150.260, including providing additional staff for class size reduction beyond class sizes allocated in the prototypical school model and additional staff beyond the staffing ratios allocated in the prototypical school formula;

(iii) Program components of RCW 28A.150.200, 28A.150.220, or 28A.150.260; or

(iv) Program of professional learning as defined by RCW 28A.415.430 beyond that allocated pursuant to RCW 28A.150.415.

(b) Permitted enrichment activities consist of:

(i) Extracurricular activities, extended school days, or an extended school year;

(ii) Additional course offerings beyond the minimum instructional program established in the state's statutory program of basic education;

(iii) Activities associated with early learning programs;

(iv) Any additional salary costs attributable to the provision or administration of the enrichment activities allowed under this subsection; and

(v) Additional activities or enhancements that the office of the superintendent of public instruction determines to be a documented and demonstrated enrichment of the state's statutory program of basic education under (a) of this subsection and for which the superintendent approves proposed expenditures during the preballot approval process required by RCW 84.52.053 and 28A.505.240.

(3) In addition to the limitations of subsections (1) and (2) of this section and of RCW 28A.400.200, permitted enrichment activities are subject to the following conditions and limitations:

(a) If a school district spends local revenues for salary costs attributable to the administration of enrichment programs, the portion of administrator salaries attributable to that purpose may not exceed ((~~the proportion~~)) twenty-five percent of the ((~~district's local revenues to its other revenues~~)) total district expenditures for administrator salaries; and

(b) Supplemental contracts under RCW 28A.400.200 are subject to the limitations of this section.

(4) The superintendent of public instruction must adopt rules to implement this section.

Sec. ~~302.~~302. RCW 28A.320.330 and 2017 3rd sp.s. c 13 s 601 are each amended to read as follows:

School districts shall establish the following funds in addition to those provided elsewhere by law:

(1)(a) A general fund for the school district to account for all financial operations of the school district except those required to be accounted for in another fund.

(b) By the ((~~2019-20~~)) 2018-19 school year, a local revenue subfund of its general fund to account for the financial operations of a school district that are paid from local revenues. The local revenues that must be deposited in the local revenue subfund are enrichment levies and transportation vehicle ((~~enrichment~~)) levies collected under RCW 84.52.053, local effort assistance funding received under chapter 28A.500 RCW, and other school district local revenues including, but not limited to, grants, donations, and state and federal payments in lieu of taxes, but do not include other federal revenues, or local revenues that operate as an offset to the district's basic education allocation under RCW 28A.150.250. School districts must track expenditures from this subfund separately to account for the expenditure of each of these streams of revenue by source, and must provide any supplemental expenditure schedules required by the superintendent of public instruction or state auditor for purposes of RCW 43.09.2856.

(2) A capital projects fund shall be established for major capital purposes. All statutory references to a "building fund" shall mean the capital projects fund so established. Money to be deposited into the capital projects fund shall include, but not be limited to, bond proceeds, proceeds from excess levies authorized by RCW 84.52.053, state apportionment proceeds as authorized by RCW 28A.150.270, earnings from capital projects fund investments as authorized by RCW 28A.320.310 and 28A.320.320, and state forest revenues transferred pursuant to subsection (3) of this section.

Money derived from the sale of bonds, including interest earnings thereof, may only be used for those purposes described in RCW 28A.530.010, except that accrued interest paid for bonds shall be deposited in the debt service fund.

Money to be deposited into the capital projects fund shall include but not be limited to rental and lease proceeds as authorized by RCW 28A.335.060, and proceeds from the sale of real property as authorized by RCW 28A.335.130.

Money legally deposited into the capital projects fund from other sources may be used for the purposes described in RCW 28A.530.010, and for the purposes of:

(a) Major renovation and replacement of facilities and systems where periodical repairs are no longer economical or extend the useful life of the facility or system beyond its original planned useful life. Such renovation and replacement shall include, but shall not be limited to, major repairs, exterior painting of facilities, replacement and refurbishment of roofing, exterior walls, windows, heating and ventilating systems, floor covering in classrooms and public or common areas, and electrical and plumbing systems.

(b) Renovation and rehabilitation of playfields, athletic fields, and other district real property.

(c) The conduct of preliminary energy audits and energy audits of school district buildings. For the purpose of this section:

(i) "Preliminary energy audits" means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption, and major energy using systems of the building.

(ii) "Energy audit" means a survey of a building or complex which identifies the type, size, energy use level, and major energy using systems; which determines appropriate energy conservation maintenance or operating procedures and assesses any need for the acquisition and installation of energy conservation measures, including solar energy and renewable resource measures.

(iii) "Energy capital improvement" means the installation, or modification of the installation, of energy conservation measures in a building which measures are primarily intended to reduce energy consumption or allow the use of an alternative energy source.

(d) Those energy capital improvements which are identified as being cost-effective in the audits authorized by this section.

(e) Purchase or installation of additional major items of equipment and furniture: PROVIDED, That vehicles shall not be purchased with capital projects fund money.

(f)(i) Costs associated with implementing technology systems, facilities, and projects, including acquiring hardware, licensing software, and online applications and training related to the installation of the foregoing. However, the software or applications must be an integral part of the district's technology systems, facilities, or projects.

(ii) Costs associated with the application and modernization of technology systems for operations and instruction including, but not limited to, the ongoing fees for online applications, subscriptions, or software licenses, including upgrades and incidental services, and ongoing training related to the installation and integration of these products and services. However, to the extent the funds are used for the purpose under this subsection (2)(f)(ii), the school district shall transfer to the district's general fund the portion of the capital projects fund used for this purpose. The office of the superintendent of public instruction shall develop accounting guidelines for these transfers in accordance with internal revenue service regulations.

(g) Major equipment repair, painting of facilities, and other major preventative maintenance purposes. However, to the extent the funds are used for the purpose under this subsection (2)(g), the school district shall transfer to the district's general fund the portion of the capital projects fund used for this purpose. The office of the superintendent of public instruction shall develop accounting guidelines for these transfers in accordance with internal revenue service regulations. Based on the district's most recent two-year history of general fund maintenance expenditures, funds used for this purpose may not replace routine annual preventive maintenance expenditures made from the district's general fund.

(3) A debt service fund to provide for tax proceeds, other revenues, and disbursements as authorized in chapter 39.44 RCW. State forestland revenues that are deposited in a school district's debt service fund pursuant to RCW 79.64.110 and to the extent not necessary for payment of debt service on school district bonds may be transferred by the school district into the district's capital projects fund.

(4) An associated student body fund as authorized by RCW 28A.325.030.

(5) Advance refunding bond funds and refunded bond funds to provide for the proceeds and disbursements as authorized in chapter 39.53 RCW.

Sec. ~~303.~~303. RCW 28A.500.015 and 2017 3rd sp.s. c 13 s 206 are each amended to read as follows:

(1) Beginning in calendar year 2019 and each calendar year thereafter, the state must provide state local effort assistance funding to supplement school district enrichment levies as provided in this section.

(2) For an eligible school district, annual local effort assistance funding is equal to the school district's maximum local effort assistance multiplied by a fraction equal to the school district's actual enrichment levy divided by the school district's maximum allowable enrichment levy.

(3) The state local effort assistance funding provided under this section is not part of the state's program of basic education deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution.

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

(a) "Eligible school district" means a school district whose maximum allowable enrichment levy divided by the school district's total student enrollment in the prior school year is less than the state local effort assistance threshold.

(b) For the purpose of this section, "inflation" means ((~~inflation as defined in RCW 84.55.005~~)), for any school year, the rate of the yearly increase of the previous calendar year's annual average consumer price index for all urban consumers, Seattle area, using the official current base compiled by the bureau of labor statistics, United States department of labor.

(d) "Maximum local effort assistance" means ((~~the school district's student enrollment in the prior school year multiplied by~~)) the difference ((of)) between the following:

(i) The school district's actual prior school year enrollment multiplied by the state local effort assistance threshold; and ((a))

(ii) The school district's maximum allowable enrichment levy ((~~divided by the school district's student enrollment in the prior school year~~)).

(e) "Prior school year" means the most recent school year completed prior to the year in which the state local effort assistance funding is to be distributed.

(f) "State local effort assistance threshold" means one thousand five hundred dollars per student, ((~~adjusted~~)) increased for inflation beginning in calendar year 2020.

(g) "Student enrollment" means the average annual ((~~resident~~)) full-time equivalent student enrollment.

(5) For districts in a high/nonhigh relationship, the enrollments of the nonhigh students attending the high school shall only be counted by the nonhigh school districts for purposes of funding under this section.

(6) For school districts participating in an innovation academy cooperative established under RCW 28A.340.080, enrollments of students attending the academy shall be adjusted so that each participant district receives its proportional share of student enrollments for purposes of funding under this section.

Sec. ~~304.~~304. RCW 28A.505.240 and 2017 3rd sp.s. c 13 s 204 are each amended to read as follows:

(1) As required by RCW 84.52.053(4), before a school district may submit an enrichment levy((~~, including a transportation vehicle enrichment levy,~~)) under RCW 84.52.053 to the voters, it must have received approval from the office of the superintendent of public instruction of an expenditure plan for the district's enrichment levy and other local revenues as defined in RCW 28A.150.276. Within thirty days after receiving the plan the office of the superintendent of public instruction must notify the school district whether the spending plan is approved. If the office of the superintendent of public instruction rejects a district's proposed spending plan, then the district may submit a revised spending plan, and the superintendent must approve or reject the revised submission within thirty days. The office of the superintendent of public instruction may approve a spending plan only if it determines that the enrichment levy and other local revenues as defined in RCW 28A.150.276(1) will be used solely for permitted enrichment activities as provided in RCW 28A.150.276(2).

(2)(a) Except as provided in (b) of this subsection, after a school district has received voter approval for a levy for an enrichment levy under RCW 84.52.053, a school district may change its spending plan for the voter-approved levy by submitting a revised spending plan to the office of the superintendent of public instruction for review and approval. To revise a previously approved spending plan, the district must provide notice and an opportunity for review and comment at an open meeting of the school board, and the board must adopt the revised spending plan by resolution. The board must then submit the plan to the office of the superintendent of public instruction. Within thirty days after receiving the revised spending plan the office must notify the school district whether the revised spending plan is approved. The office of the superintendent of public instruction may approve a revised spending plan only if it determines that the enrichment levy and other local revenues as defined in RCW 28A.150.276(1) will be used solely for permitted enrichment activities as provided in RCW 28A.150.276(2).

(b) If the superintendent has approved expenditures for specific purposes under (a) of this subsection, a district may change the relative amounts to be spent for those respective purposes for the same levy in subsequent years without having to first receive approval for the change from the office of the superintendent of public instruction if the district adopts the change as part of its annual budget proposal after a public hearing under RCW 28A.505.060.

(3) This section applies to taxes levied for collection beginning in calendar year 2020 and thereafter.

NEW SECTION. Sec. ~~305.~~305. A new section is added to chapter 84.52 RCW to read as follows:

For districts in a high/nonhigh relationship, if the high school district is subject to the maximum per pupil limit under RCW 84.52.0531, the high school district's maximum levy amount must be reduced by an amount equal to the estimated amount of the nonhigh payment due to the high school district under RCW 28A.545.030(3) and 28A.545.050 for the school year commencing the year of the levy.

Sec. ~~306.~~306. RCW 84.52.053 and 2017 3rd sp.s. c 13 s 201 are each amended to read as follows:

(1) The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of taxes by school districts, when authorized so to do by the voters of such school district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) and Article IX, section 1 of the Constitution of this state. Elections for such taxes shall be held in the year in which the levy is made or, in the case of propositions authorizing two-year through four-year levies for enrichment funding for a school district, authorizing two-year levies for transportation vehicle funds established in RCW 28A.160.130 ((~~through calendar year 2019, authorizing two-year levies for transportation vehicle enrichment beginning with calendar year 2020,~~)) or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of school facilities, which includes the purposes of RCW 28A.320.330(2) (f) and (g), in the year in which the first annual levy is made.

(2)(a) Once additional tax levies have been authorized for enrichment funding for a school district for a two-year through four-year period as provided under subsection (1) of this section, no further additional tax levies for enrichment funding for the district for that period may be authorized, except for additional levies to provide for subsequently enacted increases affecting the district's maximum levy.

(b) Notwithstanding (a) of this subsection, any school district that is required to annex or receive territory pursuant to a dissolution of a financially insolvent school district pursuant to RCW 28A.315.225 may call either a replacement or supplemental levy election within the school district, including the territory annexed or transferred, as follows:

(i) An election for a proposition authorizing two-year through four-year levies for enrichment funding for a school district may be called and held before the effective date of dissolution to replace existing enrichment levies and to provide for increases due to the dissolution.

(ii) An election for a proposition authorizing additional tax levies may be called and held before the effective date of dissolution to provide for increases due to the dissolution.

(iii) In the event a replacement levy election under (b)(i) of this subsection is held but does not pass, the affected school district may subsequently hold a supplemental levy election pursuant to (b)(ii) of this subsection if the supplemental levy election is held before the effective date of dissolution. In the event a supplemental levy election is held under (b)(ii) of this subsection but does not pass, the affected school district may subsequently hold a replacement levy election pursuant to (b)(i) of this subsection if the replacement levy election is held before the effective date of dissolution. Failure of a replacement levy or supplemental levy election does not affect any previously approved and existing enrichment levy within the affected school district or districts.

(c) For the purpose of applying the limitation of this subsection (2), a two-year through six-year levy to support the construction, modernization, or remodeling of school facilities shall not be deemed to be a tax levy for enrichment funding for a school district.

(3) A special election may be called and the time therefor fixed by the board of school directors, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."

(4)(a) Beginning September 1, ((~~2019~~)) 2018, school districts may use enrichment levies ((~~and transportation vehicle enrichment levies~~)) solely to enrich the state's statutory program of basic education as authorized under RCW 28A.150.276.

(b) Beginning with propositions for enrichment levies ((~~and transportation vehicle enrichment levies~~)) for collection in calendar year 2020 and thereafter, a district must receive approval of an enrichment levy expenditure plan from the superintendent of public instruction under RCW 28A.505.240 before submission of the proposition to the voters.

Sec. ~~307.~~307. RCW 84.52.0531 and 2017 3rd sp.s. c 13 s 203 are each amended to read as follows:

(1) Beginning with taxes levied for collection in 2019, the maximum dollar amount which may be levied by or for any school district for enrichment levies under RCW 84.52.053 is equal to the lesser of one dollar and fifty cents per thousand dollars of the assessed value of property in the school district or the maximum per-pupil limit.

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

(a) For the purpose of this section, "inflation" means ((~~inflation as defined in RCW 84.55.005~~)), for any school year, the rate of the yearly increase of the previous calendar year's annual average consumer price index for all urban consumers, Seattle area, using the official current base compiled by the bureau of labor statistics, United States department of labor.

(b) "Maximum per-pupil limit" means two thousand five hundred dollars, multiplied by the number of average annual ((~~resident~~)) full-time equivalent students enrolled in the school district in the prior school year. Beginning with property taxes levied for collection in 2020, the maximum per-pupil limit shall be increased by inflation.

(c) "Prior school year" means the most recent school year completed prior to the year in which the levies are to be collected.

(3) For districts in a high/nonhigh relationship, the enrollments of the nonhigh students attending the high school shall only be counted by the nonhigh school districts for purposes of funding under this section.

(4) For school districts participating in an innovation academy cooperative established under RCW 28A.340.080, enrollments of students attending the academy shall be adjusted so that each participant district receives its proportional share of student enrollments for purposes of funding under this section.

(5) Beginning with propositions for enrichment levies for collection in calendar year 2020 and thereafter, a district must receive approval of an enrichment levy expenditure plan under RCW 28A.505.240 before submission of the proposition to the voters.

((~~(4)~~)) (6) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.

((~~(5)~~)) (7) Beginning with taxes levied for collection in ((~~2020~~)) 2018, enrichment levy revenues must be deposited in a separate subfund of the school district's general fund pursuant to RCW 28A.320.330, and for the 2018-19 school year are subject to the restrictions of RCW 28A.150.276 and the audit requirements of RCW 43.09.2856.

((~~(6)~~)) (8) Funds collected from ((~~transportation vehicle enrichment levies shall not be subject to the levy limitations in~~)) levies for transportation vehicles, construction, modernization, or remodeling of school facilities as established in RCW 84.52.053 are not subject to the levy limitations in subsections (1) through (5) of this section.

PART IV: OTHER POLICIES

NEW SECTION. Sec. ~~401.~~401. (1) For the 2018-19 and 2019-20 school years, the office of the superintendent of public instruction shall allocate a hold-harmless payment to school districts if the sum of (b) of this subsection is greater than the sum of (a) of this subsection for either of the respective school years or if a school district meets the criteria under subsection (2) of this section.

(a) The current school year is calculated as the sum of (a)(i) through (iii) of this subsection using the enrollments and values in effect for that school year for the school district's:

(i) Formula-driven state allocations in part V of the state omnibus appropriations act for these programs: General apportionment, employee compensation adjustments, pupil transportation, special education programs, institutional education programs, transitional bilingual programs, highly capable, and learning assistance programs;

(ii) Local effort assistance funding received under chapter 28A.500 RCW; and

(iii) The lesser of the school district's voter-approved enrichment levy collection or the maximum levy authority provided under RCW 84.52.0531 for the previous calendar year.

(b) The baseline school year is calculated as the sum of (b)(i) through (iii) of this subsection using the current school year enrollments and the values in effect during the 2017-18 school year for the school district's:

(ii) Local effort assistance funding received under chapter 28A.500 RCW; and

(iii) Maintenance and operation levy collection under RCW 84.52.0531 in the 2017 calendar year.

(2) From amounts appropriated in this act, the superintendent of public instruction must prioritize hold harmless payments to districts that meet both the following criteria:

(a) The sum of the school district's enrichment levy under RCW 84.52.0531 and 2017 3rd sp.s. c 13 s 203 and local effort assistance under RCW 28A.500.015 is less than half of the sum of the maintenance and operations levy and local effort assistance provided under law as it existed on January 1, 2017. For purposes of the calculation in this subsection, the maintenance and operations levy is limited to the lesser of the voter-approved levy as of January 1, 2017, or the maximum levy under law as of January 1, 2017; and

(b) The adjusted assessed value of property within the school district as calculated by the department of revenue is greater than twenty billion dollars in calendar year 2017.

(3) Districts eligible for hold-harmless payments under subsection (1) of this section shall receive the difference between subsection (1)(b) and (a) of this section through the apportionment payment process in RCW 28A.510.250.

(4) The voters of the school district must approve an enrichment levy under RCW 84.52.0531 to be eligible for a hold-harmless payment under this section.

(5) This section expires December 31, 2020.

Sec. ~~402.~~402. RCW 28A.150.415 and 2017 3rd sp.s. c 13 s 105 are each amended to read as follows:

(1) Beginning with the ((~~2018-19~~)) 2019-20 school year, the legislature shall begin phasing in funding for professional learning days for certificated instructional staff. The state allocation must be used solely for the purpose of providing professional learning. At a minimum, the state must allocate funding for:

(a) One professional learning day in the ((~~2018-19~~)) 2019-20 school year;

(b) Two professional learning days in the ((~~2019-20~~)) 2020-21 school year; and

(2) The office of the superintendent of public instruction shall calculate each school district's professional learning allocation as provided in subsection (1) of this section separate from the minimum state allocation for salaries as specified in RCW 28A.150.410 and associated fringe benefits on the apportionment reports provided to each local educational agency. The professional learning allocation shall be equal to the proportional increase resulting from adding the professional learning days provided in subsection (1) of this section to the required minimum number of school days in RCW 28A.150.220(5)(a) applied to the school district's minimum state allocation for salaries and associated fringe benefits for certificated instructional staff as specified in the omnibus appropriations act. Professional learning allocations shall be included in per-pupil calculations for programs funded on a per student rate calculation.

(3) Nothing in this section entitles an individual certificated instructional staff to any particular number of professional learning days.

((~~(3)~~)) (4) The professional learning days must meet the definitions and standards provided in RCW 28A.415.430, 28A.415.432, and 28A.415.434.

(5) The use of the funding provided under this section must be audited as part of the regular financial audits of school districts by the state auditor's office to ensure compliance with the limitations and conditions of this section.

Sec. ~~403.~~403. RCW 28A.710.280 and 2016 c 241 s 128 are each amended to read as follows:

(1) The legislature intends that state funding for charter schools be distributed equitably with state funding provided for other public schools.

(2) For eligible students enrolled in a charter school established and operating in accordance with this chapter, the superintendent of public instruction shall transmit to each charter school an amount calculated as provided in this section and based on the statewide average ((~~staff mix factor~~)) salaries set forth in RCW 28A.150.410 for certificated instructional staff adjusted by the regionalization factor that applies to the school district in which the charter school is geographically located, including any enrichment to those statutory formulae that is specified in the omnibus appropriations act. The amount must be the sum of (a) and (b) of this subsection((~~, as applicable~~)).

(a) The superintendent shall, for purposes of making distributions under this section, separately calculate and distribute to charter schools moneys appropriated for general apportionment under the same ratios as in RCW 28A.150.260.

(b) The superintendent also shall, for purposes of making distributions under this section, and in accordance with the applicable formulae for categorical programs specified in (b)(i) through (v) of this subsection (2) and any enrichment to those statutory formulae that is specified in the omnibus appropriations act, separately calculate and distribute moneys appropriated by the legislature to charter schools for:

(i) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;

(ii) Supplemental instruction and services for eligible and enrolled students and exited students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;

(iii) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020;

(iv) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030; and

(v) Pupil transportation services to and from school in accordance with RCW 28A.160.150 through 28A.160.180. Distributions for pupil transportation must be calculated on a per eligible student basis based on the allocation for the previous school year to the school district in which the charter school is located.

(3) The superintendent of public instruction must adopt rules necessary for the distribution of funding required by this section and to comply with federal reporting requirements.

Sec. ~~404.~~404. RCW 28A.715.040 and 2013 c 242 s 5 are each amended to read as follows:

(1) A school that is the subject of a state-tribal education compact must report student enrollment. Reporting must be done in the same manner and use the same definitions of enrolled students and annual average full-time equivalent enrollment as is required of school districts. The reporting requirements in this subsection are required for a school to receive state or federal funding that is allocated based on student characteristics.

(2) Funding for a school that is the subject of a state-tribal education compact shall be apportioned by the superintendent of public instruction according to the schedule established under RCW 28A.510.250, including general apportionment, special education, categorical, and other nonbasic education moneys. Allocations for certificated instructional staff must be based on the statewide average ((staff mix ratio of the school, as calculated by the superintendent of public instruction using the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act)) salary set forth in RCW 28A.150.410, adjusted by the regionalization factor that applies to the school district in which the school is located. Allocations for classified staff and certificated administrative staff must be based on the salary allocations of the school district in which the school is located((~~, subject to conditions and limitations established by the omnibus appropriations act~~)) as set forth in RCW 28A.150.410, adjusted by the regionalization factor that applies to the school district in which the school is located. Nothing in this section requires a school that is the subject of a state-tribal education compact to use the statewide salary allocation schedule. Such a school is eligible to apply for state grants on the same basis as a school district.

(3) Any moneys received by a school that is the subject of a state-tribal education compact from any source that remain in the school's accounts at the end of any budget year must remain in the school's accounts for use by the school during subsequent budget years.

Sec. ~~405.~~405. RCW 72.40.028 and 2009 c 381 s 7 are each amended to read as follows:

All teachers employed by the Washington state center for childhood deafness and hearing loss and the state school for the blind shall meet all certification requirements and the programs shall meet all accreditation requirements and conform to the standards defined by law or by rule of the Washington professional educator standards board or the office of the state superintendent of public instruction. The superintendent and the director, by rule, may adopt additional educational standards for their respective facilities. Salaries of all certificated employees shall be ((~~set so as to conform to and be contemporary with salaries paid to other certificated employees of similar background and experience in~~)) based on the statewide average salary set forth in RCW 28A.150.410, adjusted by the regionalization factor that applies to the school district in which the program or facility is located. The superintendent and the director may provide for provisional certification for teachers in their respective facilities including certification for emergency, temporary, substitute, or provisional duty.

Sec. ~~406.~~406. RCW 43.09.2856 and 2017 3rd sp.s. c 13 s 503 are each amended to read as follows:

(1) Beginning with the 2019-20 school year, to ensure that school district local revenues are used solely for purposes of enriching the state's statutory program of basic education, the state auditor's regular financial audits of school districts must include a review of the expenditure of school district local revenues for compliance with RCW 28A.150.276, including the spending plan approved by the superintendent of public instruction under RCW 28A.505.240 and its implementation, and any supplemental contracts entered into under RCW 28A.400.200.

(2) If an audit under subsection (1) of this section results in findings that a school district has failed to comply with these requirements, then within ninety days of completing the audit the auditor must report the findings to the superintendent of public instruction, the office of financial management, and the education and operating budget committees of the legislature.

(3) The use of the state allocation provided for professional learning under RCW 28A.150.415 must be audited as part of the regular financial audits of school districts by the state auditor's office to ensure compliance with the limitations and conditions of RCW 28A.150.415.

NEW SECTION. Sec. ~~407.~~407. The sum of twelve million dollars is appropriated for the fiscal year ending June 30, 2019, from the general fund to the superintendent of public instruction solely for hold harmless payments for purposes of section 401(2) of this act.

Sec. ~~408.~~408. RCW 28A.505.140 and 2017 3rd sp.s. c 13 s 602 are each amended to read as follows:

(1) Notwithstanding any other provision of law, the superintendent of public instruction shall adopt such rules as will ensure proper budgetary procedures and practices, including monthly financial statements consistent with the provisions of RCW 43.09.200, and this chapter. By the ((~~2019-20~~)) 2018-19 school year, the rules must require school districts to provide separate accounting of state and local revenues to expenditures.

(2) If the superintendent of public instruction determines upon a review of the budget of any district that said budget does not comply with the budget procedures established by this chapter or by rules adopted by the superintendent of public instruction, or the provisions of RCW 43.09.200, the superintendent shall give written notice of this determination to the board of directors of the local school district.

(3) The local school district, notwithstanding any other provision of law, shall, within thirty days from the date the superintendent of public instruction issues a notice pursuant to subsection (2) of this section, submit a revised budget which meets the requirements of RCW 43.09.200, this chapter, and the rules of the superintendent of public instruction.

NEW SECTION. Sec. ~~409.~~409. A new section is added to chapter 28A.320 RCW to read as follows:

(1) Public schools may develop curricula that:

(a) Links student learning with engagement in seasonal or nonseasonal outdoor-based activities, including activities related to academic requirements in science, health and fitness, and career and technical education;

(b) Aligns with the essential academic learning requirements under RCW 28A.655.070 that are a component of the state's instructional program of basic education; and

(2) Public schools that develop curricula under this section may request authorization from the superintendent of public instruction as provided in section 410 of this act to consider student participation in seasonal or nonseasonal outdoor-based activities as instructional days for the purposes of basic education requirements established in RCW 28A.150.220(5).

NEW SECTION. Sec. ~~410.~~410. A new section is added to chapter 28A.300 RCW to read as follows:

(1) The superintendent of public instruction, subject to conformity with application or other requirements adopted by rule, shall approve requests by public schools as provided in section 409 of this act to consider student participation in seasonal or nonseasonal outdoor-based activities as instructional days for the purposes of basic education requirements established in RCW 28A.150.220(5).

(2) The superintendent of public instruction shall adopt rules to implement this section.

NEW SECTION. Sec. ~~411.~~411. The following acts or parts of acts are each repealed:

(1)RCW 28A.415.020 (Credit on salary schedule for approved in-service training, continuing education, and internship) and 2011 1st sp.s. c 18 s 5, 2007 c 319 s 3, 2006 c 263 s 808, 1995 c 284 s 2, 1990 c 33 s 415, & 1987 c 519 s 1;

(2)RCW 28A.415.023 (Credit on salary schedule for approved in-service training, continuing education, or internship—Course content—Rules) and 2012 c 35 s 6 & 2011 1st sp.s. c 18 s 6; and

(3)RCW 28A.415.024 (Credit on salary schedule—Accredited institutions—Verification—Penalty for submitting credits from unaccredited institutions) and 2006 c 263 s 809 & 2005 c 461 s 1.

NEW SECTION. Sec. ~~412.~~412. Sections 303 and 307 of this act take effect January 1, 2019."

Correct the title.

and the same is herewith transmitted.

NONA SNELL, Deputy Chief Clerk

MOTION

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

PERSONAL PRIVILEGE

Senator Becker: “Thank you Mr. President. I just wanted to talk about a couple of weeks ago, actually on February 12^th, when I rose to two points of personal privilege. One to celebrate my 45^th wedding anniversary with my colleagues and one to honor President Lincoln on his birthday. Both of those issues are really near and dear to my heart and every year I have raised and talked, stood up and talked about these things. And every year people have congratulated me on my, the length of my wedding, my marriage etcetera and we all had fun. Other people have done the same sort of thing and it’s been a really nice thing to be able to do. I think its fun for each of us when we are down here and it’s so serious and we actually take a few moments and celebrate with each other things that are important. Mr. President that a good thing and I’ve always felt that I could do that. And it helps again for each of us to learn about each other, understand their perspectives and appreciate everything that’s happened. However, Mr. President, on February 12, after my points of personal privilege, I felt embarrassed and I was very upset Mr. President. My colleagues in the Senate were appreciative Mr. President but I did not feel you were. Mr. President, you referred to me specifically when you decided to impugn, or I felt you were impugning my motives by implying the points were dilatory and not appropriate. You cited me Mr. President. Now I want to say that there’s, although you only cited one, Mr. President, there is no Senate rule on dilatory motions, but there is a rule in Reed’s. Mr. President may I read from rule 225 in Reed’s.

President Habib: “You may proceed.”

Senator Becker: “‘It sometimes happens that in the forgetfulness of temper and of party feeling the processes of the assembly created to transact business are so abused as to be in themselves disorder. In that event the presiding officer should disregard such proceedings, after he has become entirely satisfied of their nature, and put only such motions as will expedite the declaration of the will of the assembly.’ Underlined is ‘Necessarily such a course is to be taken vary rarely, and after the offense is clear to all.’ Reed’s goes on to cite an example of that debate that went on for 43 hours. Mr. President that is hardly the same as my two points of personal privilege taking up less than six minutes that day. Mr. President, I wanted to express my feelings because during this entire time, my ten years down here, I have never felt embarrassed other than by my stupid comments. And I have never felt that I have tried to undermine this Senate and this is a hard thing for me to do Mr. President but I think that it is absolutely necessary. The one thing that I feel very strongly about is that each of the members here are entitled to speak. And I ask that you honor the rules of the Senate appropriately. Thank you Mr. President.”

REMARKS BY THE PRESIDENT

President Habib: “Thank you Senator Becker and I appreciate you bringing that forward and I will tell you that I take it very seriously that you were, that you felt embarrassed or you felt uncomfortable, it is you are absolutely right that everybody in the Senate, every member of the Senate, myself included, all deserve to be treated with respect and each and every single one of us should, through our conduct, elevate the dignity of the Senate. And there have been times and colleagues of yours on both sides of the aisle can tell you there have been times where I personally apologized for times I think I where I have fallen short of that. I recall not only congratulating you on your anniversary but actually making a joke about, because it also happened to be Senator Hobbs’ birthday, about whether it was possible maybe Senator Hobbs was born on that same day, I underestimated Senator Hobbs’ age by only a year or two. But I do want to clarify that the use of the points of personal privilege are precisely to be reserved for the use that you just made, and so even though I don’t mind you, even though I think ideally you and I should discuss this privately, I think it is perfectly appropriate for you to use the point of personal privilege in the way that you just did. My remarks, to which you are referring, came after you and another senator had made a point of personal privilege to talk about President Lincoln and what I said at that time, because I think we were rushing through a number of bills and maybe cutoff was coming up, was to say that given the late hour of the night and how many bills we were doing, the use of the personal privilege, that point, a point of personal privilege was becoming abusive by the Senate as a whole. And I did not mean either that you had abused it individually or to make any reference to your prior anniversary announcement and so I hope that that clarifies the point. I do think that points of personal privilege are important and we use them to celebrate Senator Baumgartner for example yesterday. And we ought to be able to do that, but there is a definition of that term in the, in our own rules and it is made clear what that is.

Senator Becker: “Thank you Mr. President. The reason I am standing up is because you specifically called me out when you were using that, but I will accept your apology on this and I will thank you for the acknowledgement. Thank you.”

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Darneille moved that Evelyn Yenson, Senate Gubernatorial Appointment No. 9206, be confirmed as a member of the Clemency and Pardons Board.

Senator Darneille spoke in favor of the motion.

APPOINTMENT OF EVELYN YENSON

The President declared the question before the Senate to be the confirmation of Evelyn Yenson, Senate Gubernatorial Appointment No. 9206, as a member of the Clemency and Pardons Board.

The Secretary called the roll on the confirmation of Evelyn Yenson, Senate Gubernatorial Appointment No. 9206, as a member of the Clemency and Pardons Board and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Evelyn Yenson, Senate Gubernatorial Appointment No. 9206, having received the constitutional majority was declared confirmed as a member of the Clemency and Pardons Board.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator McCoy moved that Emily Washines, Senate Gubernatorial Appointment No. 9333, be confirmed as a member of the Central Washington University Board of Trustees.

Senator McCoy spoke in favor of the motion.

APPOINTMENT OF EMILY WASHINES

The President declared the question before the Senate to be the confirmation of Emily Washines, Senate Gubernatorial Appointment No. 9333, as a member of the Central Washington University Board of Trustees.

The Secretary called the roll on the confirmation of Emily Washines, Senate Gubernatorial Appointment No. 9333, as a member of the Central Washington University Board of Trustees and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Emily Washines, Senate Gubernatorial Appointment No. 9333, having received the constitutional majority was declared confirmed as a member of the Central Washington University Board of Trustees.

SIGNED BY THE PRESIDENT

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

SUBSTITUTE HOUSE BILL NO. 1209,

ENGROSSED HOUSE BILL NO. 1237,

SECOND SUBSTITUTE HOUSE BILL NO. 1377,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1439,

HOUSE BILL NO. 1452,

SUBSTITUTE HOUSE BILL NO. 1524,

SUBSTITUTE HOUSE BILL NO. 1539,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1561,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1783,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1889,

SECOND SUBSTITUTE HOUSE BILL NO. 2015,

ENGROSSED HOUSE BILL NO. 2097,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2143,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2177,

SUBSTITUTE HOUSE BILL NO. 2276,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2285,

SUBSTITUTE HOUSE BILL NO. 2322,

SUBSTITUTE HOUSE BILL NO. 2367,

THIRD SUBSTITUTE HOUSE BILL NO. 2382,

SUBSTITUTE HOUSE BILL NO. 2424,

SUBSTITUTE HOUSE BILL NO. 2561,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2578,

SUBSTITUTE HOUSE BILL NO. 2627,

SUBSTITUTE HOUSE BILL NO. 2651,

SUBSTITUTE HOUSE BILL NO. 2664,

SUBSTITUTE HOUSE BILL NO. 2667,

SUBSTITUTE HOUSE BILL NO. 2685,

SUBSTITUTE HOUSE BILL NO. 2692,

HOUSE BILL NO. 2709,

HOUSE BILL NO. 2733,

ENGROSSED HOUSE BILL NO. 2759,

ENGROSSED HOUSE BILL NO. 2777,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2779,

HOUSE BILL NO. 2816,

SUBSTITUTE HOUSE BILL NO. 2824,

HOUSE BILL NO. 2892,

SENATE BILL NO. 6007,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6032,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6106,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6241,

SECOND SUBSTITUTE HOUSE BILL NO. 1506,

SECOND SUBSTITUTE HOUSE BILL NO. 1896,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2009,

HOUSE BILL NO. 2271,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2334,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2406,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2595,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2610,

SUBSTITUTE HOUSE BILL NO. 2638,

SUBSTITUTE HOUSE BILL NO. 3002,

HOUSE CONCURRENT RESOLUTION NO. 4415.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Wellman moved that Greg Szabo, Senate Gubernatorial Appointment No. 9338, be confirmed as a member of the Washington State School for the Blind Board of Trustees.

Senator Wellman spoke in favor of the motion.

APPOINTMENT OF GREG SZABO

The President declared the question before the Senate to be the confirmation of Greg Szabo, Senate Gubernatorial Appointment No. 9338, as a member of the Washington State School for the Blind Board of Trustees.

The Secretary called the roll on the confirmation of Greg Szabo, Senate Gubernatorial Appointment No. 9338, as a member of the Washington State School for the Blind Board of Trustees and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

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, Walsh, Warnick, Wellman, Wilson and Zeiger

Absent: Senators Baumgartner and Braun

Greg Szabo, Senate Gubernatorial Appointment No. 9338, having received the constitutional majority was declared confirmed as a member of the Washington State School for the Blind Board of Trustees.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Warnick moved that Robert Bugert, Senate Gubernatorial Appointment No. 9299, be confirmed as a member of the Salmon Recovery Funding Board.

Senators Warnick and Hawkins spoke in favor of passage of the motion.

APPOINTMENT OF ROBERT BUGERT

The President declared the question before the Senate to be the confirmation of Robert Bugert, Senate Gubernatorial Appointment No. 9299, as a member of the Salmon Recovery Funding Board.

The Secretary called the roll on the confirmation of Robert Bugert, Senate Gubernatorial Appointment No. 9299, as a member of the Salmon Recovery Funding Board and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Angel, Bailey, Becker, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Darneille, Dhingra, Ericksen, Fain, 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

Absent: Senators Baumgartner and Fortunato

Robert Bugert, Senate Gubernatorial Appointment No. 9299, having received the constitutional majority was declared confirmed as a member of the Salmon Recovery Funding Board.

Senator Keiser assumed the chair.

THIRD READING

CONFIRMATION OF APPOINTMENTS

MOTION

Senator Darneille moved that Christopher Poulos, Senate Confirmable Appointment No. 9800, be confirmed as a Executive Director of the Washington Statewide Reentry Council.

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

APPOINTMENT OF CHRISTOPHER POULOS

The President Pro Tempore declared the question before the Senate to be the confirmation of Christopher Poulos, Senate Confirmable Appointment No. 9800, as a Executive Director of the Washington Statewide Reentry Council.

The Secretary called the roll on the confirmation of Christopher Poulos, Senate Confirmable Appointment No. 9800, as a Executive Director of the Washington Statewide Reentry Council and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Absent: Senators Baumgartner and Fortunato

Christopher Poulos, Senate Confirmable Appointment No. 9800, having received the constitutional majority was declared confirmed as a Executive Director of the Washington Statewide Reentry Council.

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

Senator Hunt moved that Irene Gonzales, Senate Gubernatorial Appointment No. 9173, be confirmed as a member of the The Evergreen State College Board of Trustees.

Senator Hunt spoke in favor of the motion.

APPOINTMENT OF IRENE GONZALES

The President Pro Tempore declared the question before the Senate to be the confirmation of Irene Gonzales, Senate Gubernatorial Appointment No. 9173, as a member of the The Evergreen State College Board of Trustees.

The Secretary called the roll on the confirmation of Irene Gonzales, Senate Gubernatorial Appointment No. 9173, as a member of The Evergreen State College Board of Trustees and the appointment was confirmed 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, 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, Takko, Van De Wege, Wagoner, Walsh, Warnick, Wellman, Wilson and Zeiger

Voting nay: Senator Short

Irene Gonzales, Senate Gubernatorial Appointment No. 9173, having received the constitutional majority was declared confirmed as a member of the The Evergreen State College Board of Trustees.

MOTION

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

MESSAGE FROM THE HOUSE

March 8, 2018

MR. PRESIDENT:

The House passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6362 with the following amendment(s): 6362-S2.E AMH ENGR H5190.E

0.0.

Strike everything after the enacting clause and insert the following:

"PART I: PROGRAM FUNDING

Sec. ~~101.~~101. RCW 28A.150.260 and 2017 3rd sp.s. c 13 s 402 are each amended to read as follows:

(b) For the purposes of this section, prototypical schools are defined as follows:

(i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;

(ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and

(iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.

General education

average class size

Laboratory science

average class size

(ii) The office of the superintendent of public instruction shall develop rules to implement this subsection (4)(b).

Career and technical

education average

class size

Approved career and technical education offered at

the middle school and high school level............................................................................................................................................. 23.00

Skill center programs meeting the standards established

by the office of the superintendent of public

(ii) Funding allocated under this subsection (4)(c) is subject to RCW 28A.150.265.

(d) In addition, the omnibus appropriations act shall at a minimum specify:

(i) A high-poverty average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals; and

(ii) A specialty average class size for advanced placement and international baccalaureate courses.

(5) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:

	Elementary School	Middle School	High School
Principals, assistant principals, and other certificated building‑level administrators.....	1.253	1.353	1.880
Teacher-librarians, a function that includes information literacy, technology, and media to support school library media programs................................................................	0.663	0.519	0.523
Health and social services:
School nurses..................................................................................................................	0.076	0.060	0.096
Social workers.................................................................................................................	0.042	0.006	0.015
Psychologists...................................................................................................................	0.017	0.002	0.007
Guidance counselors, a function that includes parent outreach and graduation advising.............................................................................................................................................	0.493	1.216	2.539
Teaching assistance, including any aspect of educational instructional services provided by classified employees.......................................................................................	0.936	0.700	0.652
Office support and other noninstructional aides.............................................................	2.012	2.325	3.269
Custodians.......................................................................................................................	1.657	1.942	2.965
Classified staff providing student and staff safety..........................................................	0.079	0.092	0.141
Parent involvement coordinators....................................................................................	0.0825	0.00	0.00