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JOURNAL OF THE SENATE 1

THIRTIETH DAY, FEBRUARY 9, 2016 2016 REGULAR SESSION THIRTIETH DAY

MORNING SESSION

Senate Chamber, Olympia

Tuesday, February 9, 2016

The Senate was called to order at 10:00 o’clock a.m. by the

President of the Senate, Lt. Governor Owen 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.

Shaheed Muhammad and Mr. Ethan Daniel Roach, presented the

Colors.

Page Miss Olivia Grace Mohn led the Senate in the Pledge of

Allegiance.

The prayer was offered by Imam Zafar Sawar of the

Ahmadiyya Muslim Community.

MOTION

On motion of Senator Fain, the reading of the Journal of the

previous day was dispensed with and it was approved.

MOTION

On motion of Senator Fain, and without objection, the Senate

advanced to the fifth order of business.

INTRODUCTION AND FIRST READING

SB 6655 by Senators Fain, Rivers, Litzow, Baumgartner, Keiser

and Roach

AN ACT Relating to ensuring equal pay for equal work by

amending and enhancing enforcement of equal pay and

protecting worker communications about wages; amending

RCW 49.12.175; adding a new section to chapter 49.12

RCW; creating a new section; prescribing penalties; and

making an appropriation.

Referred to Committee on Commerce & Labor.

MOTION

On motion of Senator Fain, and without objection, the measure

listed on the Introduction and First Reading report was referred to

the Committee on Commerce and Labor.

MOTION


advanced to the eighth order of business.

MOTION

Senator Cleveland moved adoption of the following

resolution:

SENATE RESOLUTION

8706

By Senators Cleveland, Keiser, Becker, and Bailey

WHEREAS, Tens of millions of Americans are affected by

bladder diseases and conditions including urinary incontinence,

overactive bladder, underactive bladder, interstitial cystitis,

nocturia, urinary tract infections, bladder cancer, urotrauma, and

neurogenic bladder; and

WHEREAS, Bladder diseases and conditions have

significant impact on health and quality of life — contributing to

depression, social isolation, falls, sexual dysfunction, loss of self-

esteem, hospitalizations, nursing home admissions, and even

death; and

WHEREAS, Medical and behavioral research to better

understand and maintain bladder health and treat bladder diseases

is critically needed, yet poorly recognized; and

WHEREAS, Bladder problems are highly stigmatized, and

open dialogue generated by Bladder Health Month can reduce

stigma and empower providers and patients to have much-needed

conversations about bladder health; and

WHEREAS, Industry professionals have strived to raise

awareness by designating November as "Bladder Health Month";

NOW, THEREFORE, BE IT RESOLVED, That the

Washington State Senate encourage Washingtonians to view

November as a valuable reminder to take stock of their bladder

health.

Senators Cleveland and Becker spoke in favor of adoption of

the resolution.

The President declared the question before the Senate to be the

adoption of Senate Resolution No. 8706.

The motion by Senator Cleveland carried and the resolution

was adopted by voice vote.

INTRODUCTION OF GUESTS

The President welcomed and introduced Dr. Jeff Evans, Dr.

Carlene Benson, and Debi Johnson, Executive Director,

Washington State Urology Society who were seated in the

gallery.

MOTION


reverted to the seventh order of business.

MOTION

Senator Litzow moved that Ross Hunter, Gubernatorial

Appointment No. 9272, be confirmed as the Director of the

Department of Early Learning.

Senators Litzow, Habib, Parlette, Hargrove, Hobbs and

Baumgartner spoke in favor of the motion.

MOTION

On motion of Senator Habib, and without objection, Senator

Jayapal was excused.

MOTION

On motion of Senator Rivers, and without objection, Senators

Benton, Dansel and Ericksen was excused.

2 JOURNAL OF THE SENATE

APPOINTMENT OF ROSS HUNTER


confirmation of Ross Hunter, Gubernatorial Appointment No.

9272, as the Director of the Department of Early Learning.

The Secretary called the roll on the confirmation of Ross

Hunter, Gubernatorial Appointment No. 9272, as the Director of

the Department of Early Learning and the appointment was

confirmed by the following vote: Yeas, 45; Nays, 1; Absent, 0;

Excused, 3.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker,

Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway,

Dammeier, Darneille, Fain, Fraser, Frockt, Habib, Hargrove,

Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser,

King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet,

Nelson, O'Ban, Parlette, Pearson, Pedersen, Ranker, Rivers,

Roach, Rolfes, Schoesler, Sheldon, Takko and Warnick

Voting nay: Senator Padden

Excused: Senators Benton, Dansel and Ericksen

Ross Hunter, Gubernatorial Appointment No. 9272, having

received the constitutional majority was declared confirmed as

the Director of the Department of Early Learning.

MOTION

Senator Brown moved that Ted Baseler, Gubernatorial

Appointment No. 9217, be confirmed as a member of the Board

of Regents, Washington State University.

Senators Brown, Hewitt and Schoesler spoke in favor of the

motion.

APPOINTMENT OF TED BASELER


confirmation of Ted Baseler, Gubernatorial Appointment No.

9217, as a member of the Board of Regents, Washington State

University.

The Secretary called the roll on the confirmation of Ted

Baseler, Gubernatorial Appointment No. 9217, as a member of

the Board of Regents, Washington State University and the

appointment was confirmed by the following vote: Yeas, 48;

Nays, 0; Absent, 0; Excused, 1.



Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt,

Habib, Hargrove, Hasegawa, Hewitt, Hill, Hobbs, Honeyford,

Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy,

Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson,

Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon,

Takko and Warnick

Excused: Senator Benton

Ted Baseler, Gubernatorial Appointment No. 9217, having

received the constitutional majority was declared confirmed as a

member of the Board of Regents, Washington State University.

MOTION


reverted to the sixth order of business.

SECOND READING

SENATE BILL NO. 6180, by Senators King, Schoesler and

Hasegawa

Creating a disadvantaged business enterprise advisory

committee within the transportation commission.

The measure was read the second time.

MOTION

On motion of Senator King, the rules were suspended, Senate

Bill No. 6180 was advanced to third reading, the second reading

considered the third and the bill was placed on final passage.

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


final passage of Senate Bill No. 6180.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill

No. 6180 and the bill passed the Senate by the following vote:

Yeas, 48; Nays, 0; Absent, 0; Excused, 1.








Takko and Warnick


SENATE BILL NO. 6180, having received the constitutional

majority, was declared passed. There being no objection, the title

of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 6281, by Senate Committee on

Commerce & Labor (originally sponsored by Senators Fain,

Pedersen, Baumgartner and Frockt)

Enacting amendments to the uniform athlete agents act.

MOTIONS

On motion of Senator Fain, Substitute Senate Bill No. 6281

was substituted for Senate Bill No. 6281 and the substitute bill

was placed on the second reading and read the second time.

On motion of Senator Fain, the rules were suspended,

Substitute Senate Bill No. 6281 was advanced to third reading,

the second reading considered the third and the bill was placed on

final passage.

Senator Fain spoke in favor of passage of the bill.


final passage of Substitute Senate Bill No. 6281.

ROLL CALL

The Secretary called the roll on the final passage of Substitute

Senate Bill No. 6281 and the bill passed the Senate by the

following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.




THIRTIETH DAY, FEBRUARY 9, 2016 2016 REGULAR SESSION






Takko and Warnick


SUBSTITUTE SENATE BILL NO. 6281, having received the

constitutional majority, was declared passed. There being no

objection, the title of the bill was ordered to stand as the title of

the act.

SECOND READING

SENATE BILL NO. 6273, by Senate Committee on Early

Learning & K-12 Education (originally sponsored by Senators

Liias, Litzow, Rolfes, Fain, Mullet, Carlyle, Billig, Fraser and

McAuliffe)

Concerning safe technology use and digital citizenship in

public schools.

MOTIONS

On motion of Senator Liias, Substitute Senate Bill No. 6273



On motion of Senator Liias, the rules were suspended,



final passage.

Senators Liias and Litzow spoke in favor of passage of the bill.



ROLL CALL











Takko and Warnick





the act.

SECOND READING

SENATE BILL NO. 6274, by Senators Parlette, Takko,

Pearson, Rolfes, Hargrove, Schoesler, Becker, Warnick and

Hewitt

Concerning the Columbia river recreational salmon and

steelhead endorsement program.


MOTION

On motion of Senator Parlette, the rules were suspended,

Senate Bill No. 6274 was advanced to third reading, the second

reading considered the third and the bill was placed on final

passage.

Senators Parlette, Jayapal and Pearson spoke in favor of

passage of the bill.



ROLL CALL











Takko and Warnick





SECOND READING

SENATE BILL NO. 6299, by Senators King and Hobbs

Correcting certain manifest drafting errors in chapter 44,

Laws of 2015 3rd sp. sess. (transportation revenue).


MOTION

On motion of Senator King, the rules were suspended, Senate

Bill No. 6299 was advanced to third reading, the second reading

considered the third and the bill was placed on final passage.

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



ROLL CALL











Takko and Warnick






SECOND READING


Government Operations & Security (originally sponsored by

Senators Takko and Roach)

Preventing water-sewer districts from prohibiting

multipurpose fire sprinkler systems.

MOTIONS

On motion of Senator Takko, Substitute Senate Bill No. 6284



On motion of Senator Takko, the rules were suspended,



final passage.

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

Senators Nelson, Liias and Conway spoke against passage of

the bill.

POINT OF INQUIRY

Senator Liias: “Thank you Mr. President. I was wondering if

the Senator from the 19th would yield to a question?”

President Owen: “Senator Takko, do you yield? He does.”

Senator Takko: “Do I have a choice?”

President Owen: “Yes, in fact, you do.”

Senator Liias: “My question is: Are you now, or have you ever

been, a member of a water or sewer commission?”

Senator Takko: “I am not currently a member of a water or

sewer district, but, full disclosure, I served 30 years as a water and

sewer district commissioner.”

Senator Liias: “Mr. President, I think we see clearly here a

conflict of interest. This is some sort of subtle agenda. I am also

concerned he mentioned that this requires modern technology in

order to implement and I’ve been to the 19th district and I am here

to tell you that mimeograph machines and telegraphs are not

modern technology. I am concerned about allowing this sort of

modern sewage into such a backwater district. I think we should

turn this down at this point and spend some more time studying

this issue.”



ROLL CALL











Takko and Warnick





the act.

POINT OF PERSONAL PRIVILEGE

Senator Rolfes: “This was Senator Takko’s first Senate bill.

Congratulations, Senator.”

SECOND READING

SENATE BILL NO. 5029, by Senate Committee on Law &

Justice (originally sponsored by Senators Pedersen and O'Ban)

Concerning the uniform fiduciary access to digital assets act.

Revised for 1st Substitute: Concerning the revised uniform

fiduciary access to digital assets act.

MOTION

On motion of Senator Pedersen, Substitute Senate Bill No.

5029 was substituted for Senate Bill No. 5029 and the substitute

bill was placed on the second reading and read the second time.

MOTION

Senator Pedersen moved that the following striking

amendment no. 533 by Senator Pedersen and Padden be adopted:

Strike everything after the enacting clause and insert the

following:

"NEW SECTION. Sec. 1. SHORT TITLE. This act may be

known and cited as the revised uniform fiduciary access to digital

assets act.

NEW SECTION. Sec. 2. DEFINITIONS. In this chapter:

(1) "Account" means an arrangement under a terms-of-service

agreement in which a custodian carries, maintains, processes,

receives, or stores a digital asset of the user or provides goods or

services to the user.

(2) "Agent" means an attorney in fact granted authority under

a durable or nondurable power of attorney.

(3) "Carries" means engages in the transmission of an

electronic communication.

(4) "Catalogue of electronic communications" means

information that identifies each person with which a user has had

an electronic communication, the time and date of the

communication, and the electronic address of the person.

(5) "Content of an electronic communication" means

information concerning the substance or meaning of the

communication which:

(a) Has been sent or received by a user;

(b) Is in electronic storage by a custodian providing an

electronic communication service to the public or is carried or

maintained by a custodian providing a remote computing service

to the public; and

(c) Is not readily accessible to the public.

(6) "Court" means the superior court of each county.

(7) "Custodian" means a person that carries, maintains,

processes, receives, or stores a digital asset of a user.

(8) "Designated recipient" means a person chosen by a user

using an online tool to administer digital assets of the user.



(9) "Digital asset" means an electronic record in which an

individual has a right or interest. The term does not include an

underlying asset or liability unless the asset or liability is itself an

electronic record.

(10) "Electronic" means relating to technology having

electrical, digital, magnetic, wireless, optical, electromagnetic, or

similar capabilities.

(11) "Electronic communication" has the meaning set forth in

18 U.S.C. Sec. 2510(12), as it existed on the effective date of this

section.

(12) "Electronic communication service" means a custodian

that provides to a user the ability to send or receive an electronic

communication.

(13) "Fiduciary" means an original, additional, or successor

personal representative, guardian, agent, or trustee.

(14) "Guardian" means a person appointed by a court to

manage the estate or person, or both, of a living individual. The

term includes a limited guardian or certified professional

guardian.

(15) "Incapacitated person" means an individual for whom a

guardian has been appointed.

(16) "Information" means data, text, images, videos, sounds,

codes, computer programs, software, databases, or the like.

(17) "Online tool" means an electronic service provided by a

custodian that allows the user, in an agreement distinct from the

terms-of-service agreement between the custodian and user, to

provide directions for disclosure or nondisclosure of digital assets

to a third person.

(18) "Person" means an individual, estate, business or

nonprofit entity, public corporation, government or governmental

subdivision, agency, or instrumentality, or other legal entity.

(19) "Personal representative" means an executor,

administrator, special administrator, or person that performs

substantially the same function under law of this state other than

this chapter.

(20) "Power of attorney" means a record that grants an agent

authority to act in the place of a principal.

(21) "Principal" means an individual who grants authority to

an agent in a power of attorney.

(22) "Record" means information that is inscribed on a

tangible medium or that is stored in an electronic or other medium

and is retrievable in perceivable form.

(23) "Remote computing service" means a custodian that

provides to a user computer processing services or the storage of

digital assets by means of an electronic communications system,

as defined in 18 U.S.C. Sec. 2510(14), as it existed on the

effective date of this section.

(24) "Terms-of-service agreement" means an agreement that

controls the relationship between a user and a custodian.

(25) "Trustee" means a fiduciary with legal title to property

under an agreement or declaration that creates a beneficial interest

in another. The term includes a successor trustee.

(26) "User" means a person that has an account with a

custodian.

(27) "Will" includes a codicil, testamentary instrument that

only appoints an executor, and instrument that revokes or revises

a testamentary instrument.

NEW SECTION. Sec. 3. APPLICABILITY. (1) This

chapter applies to:

(a) A fiduciary acting under a will or power of attorney

executed before, on, or after the effective date of this section;

(b) A personal representative acting for a decedent who died

before, on, or after the effective date of this section;

(c) A guardian acting for an incapacitated person appointed

before, on, or after the effective date of this section;

(d) A trustee acting under a trust created before, on, or after

the effective date of this section; and

(e) A custodian if the user resides in this state or resided in this

state at the time of the user's death.

(2) This chapter does not apply to a digital asset of an employer

used by an employee in the ordinary course of the employer's

business.

NEW SECTION. Sec. 4. USER DIRECTION FOR

DISCLOSURE OF DIGITAL ASSETS. (1) A user may use an

online tool to direct the custodian to disclose to a designated

recipient or not to disclose some or all of the user's digital assets,

including the content of electronic communications. If the online

tool allows the user to modify or delete a direction at all times, a

direction regarding disclosure using an online tool overrides a

contrary direction by the user in a will, trust, power of attorney,

or other record.

(2) If a user has not used an online tool to give direction under

subsection (1) of this section or if the custodian has not provided

an online tool, the user may allow or prohibit in a will, trust,

power of attorney, or other record, disclosure to a fiduciary of

some or all of the user's digital assets, including the content of

electronic communications sent or received by the user.

(3) A user's direction under subsection (1) or (2) of this section

overrides a contrary provision in a terms-of-service agreement

that does not require the user to act affirmatively and distinctly

from the user's assent to the terms-of-service agreement.

NEW SECTION. Sec. 5. TERMS-OF-SERVICE

AGREEMENT. (1) This chapter does not change or impair a

right of a custodian or a user under a terms-of-service agreement

to access and use digital assets of the user.

(2) This chapter does not give a fiduciary or a designated

recipient any new or expanded rights other than those held by the

user for whom, or for whose estate, the fiduciary or designated

recipient acts or represents.

(3) A fiduciary's or designated recipient's access to digital

assets may be modified or eliminated by a user, by federal law, or

by a terms-of-service agreement if the user has not provided

direction under section 4 of this act.

NEW SECTION. Sec. 6. PROCEDURE FOR

DISCLOSING DIGITAL ASSETS. (1) When disclosing digital

assets of a user under this chapter, the custodian may at its sole

discretion:

(a) Grant a fiduciary or designated recipient full access to the

user's account;

(b) Grant a fiduciary or designated recipient partial access to

the user's account sufficient to perform the tasks with which the

fiduciary or designated recipient is charged; or

(c) Provide a fiduciary or designated recipient a copy in a

record of any digital asset that, on the date the custodian received

the request for disclosure, the user could have accessed if the user

were alive and had full capacity and access to the account.

(2) A custodian may assess a reasonable administrative charge

for the cost of disclosing digital assets under this chapter.

(3) A custodian need not disclose under this chapter a digital

asset deleted by a user.

(4) If a user directs or a fiduciary requests a custodian to

disclose under this chapter some, but not all, of the user's digital

assets, the custodian need not disclose the assets if segregation of

the assets would impose an undue burden on the custodian. If the

custodian believes the direction or request imposes an undue

burden, the custodian or fiduciary may seek an order from the

court to disclose:

(a) A subset limited by date of the user's digital assets;

(b) All of the user's digital assets to the fiduciary or designated

recipient;


(c) None of the user's digital assets; or

(d) All of the user's digital assets to the court for review in

camera.

NEW SECTION. Sec. 7. DISCLOSURE OF CONTENT

OF ELECTRONIC COMMUNICATIONS OF DECEASED

USER. If a deceased user consented to or a court directs

disclosure of the contents of electronic communications of the

user, the custodian shall disclose to the personal representative of

the estate of the user the content of an electronic communication

sent or received by the user if the personal representative gives

the custodian:

(1) A written request for disclosure in physical or electronic

form;

(2) A certified copy of the death certificate of the user;

(3) A certified copy of the letter of appointment of the

representative, or a small estate affidavit or court order;

(4) Unless the user provided direction using an online tool, a

copy of the user's will, trust, power of attorney, or other record

evidencing the user's consent to disclosure of the content of

electronic communications; and

(5) If requested by the custodian:

(a) A number, user name, address, or other unique subscriber

or account identifier assigned by the custodian to identify the

user's account;

(b) Evidence linking the account to the user; or

(c) A finding by the court finding that:

(i) The user had a specific account with the custodian,

identifiable by the information specified in (a) of this subsection;

(ii) Disclosure of the content of electronic communications of

the user would not violate 18 U.S.C. Sec. 2701 et seq. and 47

U.S.C. Sec. 222, existing on the effective date of this section, or

other applicable law;

(iii) Unless the user provided direction using an online tool,

the user consented to disclosure of the content of electronic

communications; or

(iv) Disclosure of the content of electronic communications of

the user is reasonably necessary for administration of the estate.

NEW SECTION. Sec. 8. DISCLOSURE OF OTHER

DIGITAL ASSETS OF DECEASED USER. Unless the user

prohibited disclosure of digital assets or the court directs

otherwise, a custodian shall disclose to the personal

representative of the estate of a deceased user a catalogue of

electronic communications sent or received by the user and digital

assets, other than the content of electronic communications of the

user, if the representative gives the custodian:


form;

(2) A certified copy of the death certificate of the user;

(3) A certified copy of the letter of appointment of the

representative, or a small estate affidavit or court order; and


(a) A number, user name, or address, or other unique

subscriber or account identifier assigned by the custodian to

identify the user's account;

(b) Evidence linking the account to the user;

(c) An affidavit stating that disclosure of the user's digital

assets is reasonably necessary for administration of the estate; or

(d) A finding by the court that:

(i) The user had a specific account with the custodian,

identifiable by the information specified in (a) of this subsection;

(ii) Disclosure of the user's digital assets is reasonably

necessary for administration of the estate.


OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL.

To the extent a power of attorney expressly grants an agent

authority over the content of electronic communications sent or

received by the principal and unless directed otherwise by the

principal or the court, a custodian shall disclose to the agent the

content if the agent gives the custodian:


form;

(2) An original or copy of the power of attorney expressly

granting the agent authority over the content of electronic

communications of the principal;

(3) A certification by the agent, under penalty of perjury, that

the power of attorney is in effect; and




principal's account; or

(b) Evidence linking the account to the principal.


DIGITAL ASSETS OF PRINCIPAL. Unless otherwise ordered

by the court, directed by the principal, or provided by a power of

attorney, a custodian shall disclose to an agent with specific

authority over digital assets or general authority to act on behalf

of a principal a catalogue of electronic communications sent or

received by the principal and digital assets, other than the content

of electronic communications of the principal, if the agent gives

the custodian:


form;

(2) An original or a copy of the power of attorney that gives

the agent specific authority over digital assets or general authority

to act on behalf of the principal;

(3) A certification by the agent, under penalty of perjury, that

the power of attorney is in effect; and




principal's account; or

(b) Evidence linking the account to the principal.

NEW SECTION. Sec. 11. DISCLOSURE OF DIGITAL

ASSETS HELD IN TRUST WHEN TRUSTEE IS ORIGINAL

USER. Unless otherwise ordered by the court or provided in a

trust, a custodian shall disclose to a trustee that is an original user

of an account any digital asset of that account held in trust,

including a catalogue of electronic communications of the trustee

and the content of electronic communications.


OF ELECTRONIC COMMUNICATIONS HELD IN TRUST

WHEN TRUSTEE NOT ORIGINAL USER. Unless otherwise

ordered by the court, directed by the user, or provided in a trust,

a custodian shall disclose to a trustee that is not an original user

of an account the content of an electronic communication sent or

received by an original or successor user and carried, maintained,

processed, received, or stored by the custodian in the account of

the trust if the trustee gives the custodian:


form;

(2) A certified copy of the trust instrument, or a certification

of the trust under RCW 11.98.075, that includes consent to

disclosure of the content of electronic communications to the

trustee;

(3) A certification by the trustee, under penalty of perjury, that

the trust exists and the trustee is a currently acting trustee of the

trust; and




trust's account; or

(b) Evidence linking the account to the trust.




DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE NOT

ORIGINAL USER. Unless otherwise ordered by the court,

directed by the user, or provided in a trust, a custodian shall

disclose, to a trustee that is not an original user of an account, a

catalogue of electronic communications sent or received by an

original or successor user and stored, carried, or maintained by

the custodian in an account of the trust and any digital assets,

other than the content of electronic communications in which the

trust has a right or interest, if the trustee gives the custodian:


form;

(2) A certified copy of the trust instrument or a certification of

the trust under RCW 11.98.075;

(3) A certification by the trustee, under penalty of perjury, that

the trust exists and the trustee is a currently acting trustee of the

trust; and




trust's account; or

(b) Evidence linking the account to the trust.

NEW SECTION. Sec. 14. DISCLOSURE OF DIGITAL

ASSETS TO GUARDIAN OF INCAPACITATED PERSON.

(1) Unless otherwise ordered by the court, a guardian appointed

due to a finding of incapacity under RCW 11.88.010(1) has the

right to access an incapacitated person's digital assets other than

the content of digital communications.

(2) Unless otherwise ordered by the court or directed by the

user, a custodian shall disclose to a guardian the catalogue of

electronic communications sent or received by an incapacitated

person and any digital assets, other than the content of electronic

communications, if the guardian gives the custodian:

(a) A written request for disclosure in physical or electronic

form;

(b) Certified copies of letters of guardianship and the court

order appointing the guardian; and

(c) If requested by the custodian:

(i) A number, user name, address, or other unique subscriber


account of the person; or

(ii) Evidence linking the account to the incapacitated person.

(3) A guardian may request a custodian of the incapacitated

person's digital assets to suspend or terminate an account of the

incapacitated person for good cause. A request made under this

section must be accompanied by certified copies of letters of

guardianship and the court order appointing the guardian.

NEW SECTION. Sec. 15. FIDUCIARY DUTY AND

AUTHORITY. (1) The legal duties imposed on a fiduciary

charged with managing tangible property apply to the

management of digital assets, including:

(a) The duty of care;

(b) The duty of loyalty; and

(c) The duty of confidentiality.

(2) A fiduciary's or designated recipient's authority with

respect to a digital asset of a user:

(a) Except as otherwise provided in section 4 of this act, is

subject to the applicable terms-of-service agreement;

(b) Is subject to other applicable law, including copyright law;

(c) In the case of a fiduciary, is limited by the scope of the

fiduciary's duties; and

(d) May not be used to impersonate the user.

(3) A fiduciary with authority over the property of a decedent,

incapacitated person, principal, or settlor has the right to access

any digital asset in which the decedent, incapacitated person,

principal, or settlor had a right or interest and that is not held by a

custodian or subject to a terms-of-service agreement.

(4) A fiduciary acting within the scope of the fiduciary's duties

is an authorized user of the property of the decedent, incapacitated

person, principal, or settlor for the purpose of applicable

computer fraud and unauthorized computer access laws.

(5) A fiduciary with authority over the tangible, personal

property of a decedent, incapacitated person, principal, or settlor:

(a) Has the right to access the property and any digital asset

stored in it; and

(b) Is an authorized user for the purpose of computer fraud and

unauthorized computer access laws.

(6) A custodian may disclose information in an account to a

fiduciary of the user when the information is required to terminate

an account used to access digital assets licensed to the user.

(7) A fiduciary of a user may request a custodian to terminate

the user's account. A request for termination must be in writing,

in either physical or electronic form, and accompanied by:

(a) If the user is deceased, a certified copy of the death

certificate of the user;

(b) A certified copy of the letter of appointment of the

representative or a small estate affidavit or court order, court

order, power of attorney, or trust giving the fiduciary authority

over the account; and

(c) If requested by the custodian:

(i) A number, user name, address, or other unique subscriber


user's account;

(ii) Evidence linking the account to the user; or

(iii) A finding by the court that the user had a specific account

with the custodian, identifiable by the information specified in

(c)(i) of this subsection.

NEW SECTION. Sec. 16. CUSTODIAN COMPLIANCE

AND IMMUNITY. (1) Not later than sixty days after receipt or

the information required under sections 7 through 15 of this act,

a custodian shall comply with a request under this chapter from a

fiduciary or designated recipient to disclose digital assets or

terminate an account. If the custodian fails to comply, the

fiduciary or designated recipient may apply to the court for an

order directing compliance.

(2) An order under subsection (1) of this section directing

compliance must contain a finding that compliance is not in

violation of 18 U.S.C. Sec. 2702, as it existed on the effective date

of this section.

(3) A custodian may notify the user that a request for

disclosure or to terminate an account was made under this

chapter.

(4) A custodian may deny a request under this chapter from a

fiduciary or designated recipient for disclosure of digital assets or

to terminate an account if the custodian is aware of any lawful

access to the account following the receipt of the fiduciary's

request.

(5) This section does not limit a custodian's ability to obtain or

require a fiduciary or designated recipient requesting disclosure

or termination under this chapter to obtain a court order which:

(a) Specifies that an account belongs to the incapacitated

person, trustor, decedent, or principal;

(b) Specifies that there is sufficient consent from the

incapacitated person, trustor, decedent, or principal to support the

requested disclosure; and

(c) Contains a finding required by law other than this chapter.

(6) A custodian and its officers, employees, and agents are

immune from liability for an act or omission done in good faith

in compliance with this chapter.

NEW SECTION. Sec. 17. UNIFORMITY OF


APPLICATION AND CONSTRUCTION. In applying and

construing this chapter, consideration must be given to the need

to promote uniformity of the law with respect to its subject matter

among states that enact it.

NEW SECTION. Sec. 18. RELATION TO

ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL

COMMERCE ACT. This chapter modifies, limits, or supersedes

the electronic signatures in global and national commerce act, 15

U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede

15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of

the notices described in 15 U.S.C. Sec. 7003(b).

NEW SECTION. Sec. 19. SEVERABILITY. 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. 20. Sections 1 through 19 of this act

constitute a new chapter in Title 11 RCW."

On page 1, line 2 of the title, after "act;" strike the remainder

of the title and insert "and adding a new chapter to Title 11 RCW."

Senator Pedersen spoke in favor of adoption of the

amendment.


adoption of striking amendment no. 533 by Senator Pedersen to

Substitute Senate Bill No. 5029.

The motion by Senator Pedersen carried and striking

amendment no. 533 was adopted by voice vote.

MOTION

On motion of Senator Pedersen, the rules were suspended,

Engrossed Substitute Senate Bill No. 5029 was advanced to third

reading, the second reading considered the third and the bill was

placed on final passage.

Senators Pedersen and Padden spoke in favor of passage of the

bill.


final passage of Engrossed Substitute Senate Bill No. 5029.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed

Substitute Senate Bill No. 5029 and the bill passed the Senate by

the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.








Takko and Warnick


ENGROSSED SUBSTITUTE SENATE BILL NO. 5029,

having received the constitutional majority, was declared passed.

There being no objection, the title of the bill was ordered to stand

as the title of the act.

SECOND READING

SENATE BILL NO. 6007, by Senate Committee on Law &

Justice (originally sponsored by Senators Roach and Padden)

Modifying theft of rental, leased, lease-purchased, or loaned

property provisions.

MOTIONS

On motion of Senator Roach, Substitute Senate Bill No. 6007



On motion of Senator Roach, the rules were suspended,



final passage.

Senators Roach, Pedersen and Padden spoke in favor of




ROLL CALL











Takko and Warnick


SUBSTITUTE SENATE BILL NO. 6007, having received

the constitutional majority, was declared passed. There being no


the act.

SECOND READING


Agriculture, Water & Rural Economic Development (originally

sponsored by Senator Honeyford)

Concerning water banking.

MOTIONS

On motion of Senator Honeyford, Substitute Senate Bill No.

6179 was substituted for Senate Bill No. 6179 and the substitute

bill was placed on the second reading and read the second time.

On motion of Senator Honeyford, the rules were suspended,



final passage.

Senators Honeyford, Takko and McCoy spoke in favor of




ROLL CALL








Dammeier, Dansel, Darneille, Fain, Fraser, Frockt, Habib,

Hargrove, Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal,

Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia,

Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen,

Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Takko and

Warnick

Absent: Senator Ericksen


SUBSTITUTE SENATE BILL NO. 6179, having received



the act.

MOTION


advanced to the seventh order of business.

THIRD READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5343, by

Senate Committee on Transportation (originally sponsored by

Senators Hasegawa, King, Jayapal, Chase, Rolfes, Keiser,

Darneille and Conway)

Concerning parking impact mitigation from regional transit

authority facility construction.

The bill was read on Third Reading.

Senators Hasegawa, King and Hobbs spoke in favor of



final passage of Engrossed Substitute Senate Bill No. 5343.

ROLL CALL


Substitute Senate Bill No. 5343 and the bill passed the Senate by

the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.








Takko and Warnick


ENGROSSED SUBSTITUTE SENATE BILL NO. 5343,

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


reverted to the sixth order of business.

SECOND READING

SENATE BILL NO. 6166, by Senators Takko, Rivers,

Ericksen, Chase, Roach, Becker, Sheldon and Benton

Allowing incremental electricity produced as a result of

certain capital investment projects to qualify as an eligible

renewable resource under the energy independence act.


MOTION

Senator McCoy moved that the following amendment no. 535

by Senator McCoy be adopted:

On page 3, line 13, after "(f)" insert "(i)"

On page 3, line 18, after "freshwater" insert ".

(ii) The facility must demonstrate that the incremental

electricity resulted from the capital investment, which does not

include expenditures on operation and maintenance in the normal

course of business, through direct or calculated measurement"

Senators McCoy and Takko spoke in favor of adoption of the

amendment.


adoption of amendment no. 535 by Senator McCoy to Senate Bill

No. 6166.

The motion by Senator McCoy carried and amendment no. 535

on page 3, line 13 to Senate Bill No. 6166 was adopted by voice

vote.

MOTION

Senator Takko moved that the following amendment no. 530

by Senators Takko and Ericksen be adopted:

On page 3, line 14, after "investment" strike "project"

On page 3, line 16, after "investment" strike "project"

On page 3, beginning on line 16, after "generated" strike "by a

generation facility" and insert "in a facility that generates

qualified biomass energy as defined under subsection (18)(c)(ii)

of this section and"

On page 3, beginning on line 17, after "1999" strike all

material through "freshwater" on line 18

Senators Takko and Ericksen spoke in favor of adoption of the

amendment.


adoption of amendment no. 530, on page 3 line 14 by Senators

Takko and Ericksen to Senate Bill No. 6166.

The motion by Senator Takko carried and the amendment was

adopted by voice vote.

MOTION

On motion of Senator Takko, the rules were suspended,

Engrossed Senate Bill No. 6166 was advanced to third reading,


final passage.

Senators Takko and Ericksen spoke in favor of passage of the

bill.


final passage of Engrossed Senate Bill No. 6166.


ROLL CALL





Billig, Braun, Brown, Chase, Conway, Dammeier, Dansel,

Darneille, Ericksen, Fain, Hargrove, Hewitt, Hill, Hobbs,

Honeyford, Keiser, King, McCoy, Miloscia, Nelson, O'Ban,

Padden, Parlette, Pearson, Rivers, Roach, Rolfes, Schoesler,

Sheldon, Takko and Warnick

Voting nay: Senators Carlyle, Cleveland, Fraser, Frockt,

Habib, Hasegawa, Jayapal, Liias, Litzow, McAuliffe, Mullet,

Pedersen and Ranker


ENGROSSED SENATE BILL NO. 6166, having received



the act.

INTRODUCTION OF GUESTS

The President welcomed and introduced fourth grade students

from Olympic Elementary School, Chehalis, and their teacher

Ms. Amy DeBolt, guests of Senator Braun, who were seated in

the gallery.

Senator Fraser announced a meeting of the Democratic Caucus

immediately upon going at ease.

MOTION

At 11:50 a.m., on motion of Senator Fain, and without

objection, the Senate was declared to be at ease subject to the call

of the President.

EVENING SESSION

The Senate was called to order at 8:17 p.m. by President Owen.

MOTION


advanced to the first order of business.

REPORTS OF STANDING COMMITTEES

February 9, 2016

SB 5109 Prime Sponsor, Senator Brown: Concerning

infrastructure financing for local governments. Reported by

Committee on Ways & Means

MAJORITY recommendation: That Second Substitute

Senate Bill No. 5109 be substituted therefor, and the second

substitute bill do pass. Signed by Senators Hill, Chair;

Braun, Vice Chair; Dammeier, Vice Chair; Honeyford, Vice

Chair, Capital Budget Chair; Hargrove, Ranking Member;

Keiser, Assistant Ranking Member on the Capital Budget;

Ranker, Ranking Minority Member, Operating; Bailey;

Becker; Billig; Brown; Conway; Darneille; Hewitt; O'Ban;

Parlette; Rolfes; Schoesler and Warnick.

MINORITY recommendation: Do not pass. Signed by

Senators Nelson and Pedersen.

MINORITY recommendation: That it be referred without

recommendation. Signed by Senator Hasegawa.

Passed to Committee on Rules for second reading.

February 9, 2016

SB 6097 Prime Sponsor, Senator Ranker: Modifying the

future teachers conditional scholarship and loan repayment

program to increase the number of early elementary teachers.

Reported by Committee on Ways & Means

MAJORITY recommendation: That Substitute Senate Bill

No. 6097 be substituted therefor, and the substitute bill do

pass. Signed by Senators Hill, Chair; Braun, Vice Chair;

Dammeier, Vice Chair; Honeyford, Vice Chair, Capital

Budget Chair; Hargrove, Ranking Member; Keiser, Assistant

Ranking Member on the Capital Budget; Ranker, Ranking

Minority Member, Operating; Bailey; Becker; Billig; Brown;

Conway; Darneille; Hasegawa; Hewitt; Nelson; O'Ban;

Padden; Parlette; Pedersen; Schoesler and Warnick.


recommendation. Signed by Senator Rolfes.


February 9, 2016

SB 6154 Prime Sponsor, Senator Miloscia: Creating an

office of the corrections ombuds. Reported by Committee on

Ways & Means









Padden; Pedersen; Rolfes; Schoesler and Warnick.


February 9, 2016

SB 6195 Prime Sponsor, Senator Rivers: Concerning

basic education obligations. Reported by Committee on Ways &

Means





Chair, Capital Budget Chair; Bailey; Becker; Brown; Hewitt;

O'Ban; Padden; Parlette; Schoesler and Warnick.


Senators Hargrove, Ranking Member; Keiser, Assistant


Minority Member, Operating; Billig; Conway; Darneille;

Hasegawa; Nelson; Pedersen and Rolfes.


February 8, 2016

SB 6200 Prime Sponsor, Senator Hewitt: Providing

funding for steelhead conservation through the issuance of



Washington's fish license plate collection. Reported by

Committee on Transportation

MAJORITY recommendation: Do pass. Signed by

Senators King, Chair; Fain, Vice Chair, Budget; Hobbs,

Ranking Minority Member; Liias, Assistant Ranking

Minority Member; Carlyle; Cleveland; Ericksen; Miloscia;

Rivers; Sheldon and Takko.


February 9, 2016

SB 6218 Prime Sponsor, Senator Brown: Creating the

clean energy education program. Reported by Committee on

Ways & Means


Senators Hill, Chair; Braun, Vice Chair; Dammeier, Vice

Chair; Honeyford, Vice Chair, Capital Budget Chair;

Hargrove, Ranking Member; Bailey; Becker; Billig; Brown;

Hewitt; O'Ban; Padden; Parlette; Rolfes; Schoesler and

Warnick.


Senators Darneille; Hasegawa; Nelson and Pedersen.


recommendation. Signed by Senators Keiser, Assistant


Minority Member, Operating and Conway.


February 8, 2016

SB 6236 Prime Sponsor, Senator Padden: Concerning the

24/7 sobriety program. Reported by Committee on

Transportation



substitute bill do pass. Signed by Senators King, Chair;

Fain, Vice Chair, Budget; Hobbs, Ranking Minority Member;

Liias; Carlyle; Cleveland; Ericksen; Miloscia; Rivers;

Sheldon and Takko.


February 9, 2016

SB 6239 Prime Sponsor, Senator Fain: Authorizing local

governments to adopt a property tax exemption program for the

preservation of certain affordable housing. Reported by









Billig; Brown; Conway; Darneille; Hasegawa; Nelson;

O'Ban; Pedersen; Rolfes; Schoesler and Warnick.


recommendation. Signed by Senators Becker; Hewitt;

Padden and Parlette.


February 9, 2016

SB 6242 Prime Sponsor, Senator O'Ban: Requiring the

indeterminate sentence review board to provide certain notices

upon receiving a petition for early release. Reported by









Becker; Billig; Brown; Conway; Darneille; Hewitt; Nelson;

O'Ban; Padden; Parlette; Pedersen; Rolfes; Schoesler and

Warnick.




February 9, 2016

SB 6243 Prime Sponsor, Senator Litzow: Concerning a

training program for educators and parents to develop students'

social and emotional skills to help prevent youth suicide.









Becker; Billig; Brown; Conway; Darneille; Hasegawa;

Hewitt; Nelson; O'Ban; Parlette; Pedersen; Rolfes; Schoesler

and Warnick.


recommendation. Signed by Senator Padden.


February 9, 2016

SB 6244 Prime Sponsor, Senator Litzow: Implementing

strategies to close the educational opportunity gap. Reported by





Braun, Vice Chair; Dammeier, Vice Chair; Hargrove,

Ranking Member; Bailey; Becker; Billig; Darneille; Nelson;

O'Ban; Parlette and Rolfes.


Senators Honeyford, Vice Chair, Capital Budget Chair and

Hasegawa.



recommendation. Signed by Senators Keiser, Assistant


Minority Member, Operating; Brown; Conway; Hewitt;

Padden; Schoesler and Warnick.


February 9, 2016

SB 6263 Prime Sponsor, Senator Warnick: Providing

benefits for certain retirement system members who die or

become disabled in the course of providing emergency

management services. Reported by Committee on Ways &

Means




Hargrove, Ranking Member; Keiser, Assistant Ranking

Member on the Capital Budget; Ranker, Ranking Minority

Member, Operating; Bailey; Becker; Billig; Brown; Conway;

Darneille; Hasegawa; Hewitt; Nelson; O'Ban; Padden;

Parlette; Pedersen; Rolfes; Schoesler and Warnick.


February 9, 2016

SB 6264 Prime Sponsor, Senator Dammeier: Allowing

certain law enforcement officers' and firefighters' plan 2 retirees

to purchase annuities. Reported by Committee on Ways &

Means









Padden; Parlette; Pedersen; Rolfes; Schoesler and Warnick.


February 8, 2016

SB 6265 Prime Sponsor, Senator King: Concerning

vehicle weight limits for the movement of agricultural

commodities. Reported by Committee on Transportation



pass. Signed by Senators King, Chair; Fain, Vice Chair,

Budget; Hobbs, Ranking Minority Member; Ericksen;

Litzow; Miloscia; Rivers; Sheldon and Takko.


Senators Liias, Assistant Ranking Minority Member; Carlyle;

Cleveland and Jayapal.


February 9, 2016

SB 6270 Prime Sponsor, Senator Becker: Providing

prenatal vitamin coverage. Reported by Committee on Ways &

Means


No. 6270 as recommended by Committee on Health Care be

substituted therefor, and the substitute bill do pass. Signed

by Senators Hill, Chair; Braun, Vice Chair; Dammeier, Vice








February 9, 2016

SB 6286 Prime Sponsor, Senator Pearson: Concerning

reimbursement of correctional employees for offender assaults.



No. 6286 as recommended by Committee on Law & Justice

be substituted therefor, and the substitute bill do pass.

Signed by Senators Hill, Chair; Dammeier, Vice Chair;

Honeyford, Vice Chair, Capital Budget Chair; Hargrove,

Ranking Member; Keiser, Assistant Ranking Member on the

Capital Budget; Ranker, Ranking Minority Member,

Operating; Bailey; Becker; Billig; Brown; Conway;




recommendation. Signed by Senator Braun, Vice Chair.


February 9, 2016

SB 6287 Prime Sponsor, Senator Honeyford: Concerning

the definition of hydraulic project in relation to the hydraulic

project approval permits. Reported by Committee on Ways &

Means



Chair; Honeyford, Vice Chair, Capital Budget Chair; Bailey;

Becker; Brown; Hewitt; O'Ban; Padden; Parlette; Schoesler

and Warnick.


Senators Keiser, Assistant Ranking Member on the Capital

Budget; Ranker, Ranking Minority Member, Operating;

Billig; Conway; Darneille; Hasegawa; Nelson; Pedersen and

Rolfes.


recommendation. Signed by Senator Hargrove, Ranking

Member.


February 9, 2016

SB 6292 Prime Sponsor, Senator Braun: Eliminating the

reduction in state basic education funding that occurs in counties

with federal forest lands. Reported by Committee on Ways &

Means








Member, Operating; Bailey; Becker; Brown; Conway;

Hewitt; Nelson; O'Ban; Padden; Parlette; Schoesler and

Warnick.


Senators Darneille and Pedersen.


recommendation. Signed by Senators Billig; Hasegawa and

Rolfes.


February 9, 2016

SB 6297 Prime Sponsor, Senator King: Concerning the

disposition of penalties paid for failure to comply with

recreational site or lands pass/permit requirements. Reported by









Conway; Darneille; Hewitt; Nelson; O'Ban; Padden; Parlette;

Rolfes; Schoesler and Warnick.


Senators Hasegawa and Pedersen.


recommendation. Signed by Senator Braun, Vice Chair.


February 8, 2016

SB 6314 Prime Sponsor, Senator Fain: Concerning

county road administration and maintenance. Reported by





Budget; Hobbs, Ranking Minority Member; Liias, Assistant

Ranking Minority Member; Carlyle; Cleveland; Ericksen;

Jayapal; Litzow; Miloscia; Rivers; Sheldon and Takko.


February 9, 2016

SB 6317 Prime Sponsor, Senator Padden: Establishing an

office of superior courts. Reported by Committee on Ways &

Means





Budget Chair; Bailey; Becker; Brown; Hewitt; O'Ban;

Padden; Parlette; Schoesler and Warnick.




Darneille; Hasegawa and Pedersen.


recommendation. Signed by Senators Hargrove, Ranking

Member; Billig and Conway.


February 9, 2016

SB 6322 Prime Sponsor, Senator Pearson: Concerning

the payment of health services by hospitals for inmates.








Bailey; Becker; Brown; Conway; Hasegawa; Hewitt; Nelson;

O'Ban; Padden; Parlette; Rolfes; Schoesler and Warnick.


Senators Darneille and Pedersen.


recommendation. Signed by Senators Ranker, Ranking

Minority Member, Operating and Billig.


February 8, 2016

SB 6363 Prime Sponsor, Senator Takko: Concerning the

design and construction of certain transportation facilities

adjacent to or across a river or waterway. Reported by





Budget; Hobbs, Ranking Minority Member; Liias, Assistant

Ranking Minority Member; Carlyle; Cleveland; Ericksen;

Miloscia; Rivers; Sheldon and Takko.


February 8, 2016

SB 6373 Prime Sponsor, Senator King: Modifying certain

vehicle filing and service fees and fee distributions. Reported by




Ranking Minority Member; Liias; Carlyle; Cleveland;

Jayapal; Miloscia; Sheldon and Takko.


Senator Ericksen.


recommendation. Signed by Senator Litzow.



February 9, 2016

SB 6391 Prime Sponsor, Senator Braun: Concerning

background checks in emergency placement situations requested

by tribes. Reported by Committee on Ways & Means

MAJORITY recommendation: That it be referred without

recommendation. Signed by Senators Hill, Chair; Braun,

Vice Chair; Dammeier, Vice Chair; Honeyford, Vice Chair,

Capital Budget Chair; Hargrove, Ranking Member; Keiser,

Assistant Ranking Member on the Capital Budget; Bailey;


O'Ban; Padden; Parlette; Pedersen; Rolfes; Schoesler and

Warnick.


recommendation. Signed by Senators Ranker, Ranking

Minority Member, Operating and Hasegawa.


February 9, 2016

SB 6396 Prime Sponsor, Senator Braun: Changing rule-

making requirements to require preadoption review by the

attorney general and a yearly expiration. Reported by






and Warnick.





Rolfes.


recommendation. Signed by Senator Hargrove, Ranking

Member.


February 9, 2016

SB 6408 Prime Sponsor, Senator Hill: Concerning

paraeducators. Reported by Committee on Ways & Means









O'Ban; Padden; Parlette; Pedersen; Rolfes and Schoesler.




February 9, 2016

SB 6409 Prime Sponsor, Senator Bailey: Creating

administrative efficiencies for institutions of higher education.










Pedersen; Rolfes; Schoesler and Warnick.




February 9, 2016

SB 6410 Prime Sponsor, Senator Hewitt: Requiring

periodic certification elections for labor unions representing

public employees. Reported by Committee on Ways & Means


No. 6410 as recommended by Committee on Commerce &

Labor be substituted therefor, and the substitute bill do pass.

Signed by Senators Hill, Chair; Braun, Vice Chair;










February 9, 2016

SB 6427 Prime Sponsor, Senator Fain: Specifying the

documentation that must be provided to determine when sales tax

applies to the sale of a motor vehicle to an enrolled tribal member.












February 9, 2016

SB 6430 Prime Sponsor, Senator Parlette: Providing

continuity of care for recipients of medical assistance during

periods of incarceration. Reported by Committee on Ways &

Means


No. 6430 as recommended by Committee on Human



Services, Mental Health & Housing be substituted therefor,

and the substitute bill do pass. Signed by Senators Hill,

Chair; Braun, Vice Chair; Dammeier, Vice Chair; Honeyford,

Vice Chair, Capital Budget Chair; Hargrove, Ranking

Member; Keiser, Assistant Ranking Member on the Capital


Bailey; Becker; Billig; Brown; Conway; Darneille;

Hasegawa; Hewitt; Nelson; O'Ban; Padden; Parlette;



February 9, 2016

SB 6439 Prime Sponsor, Senator Bailey: Addressing

volunteer firefighters and reserve officers assisting with

multiregional state emergencies. Reported by Committee on

Ways & Means











February 9, 2016

SB 6455 Prime Sponsor, Senator Dammeier: Expanding

the professional educator workforce by increasing career

opportunities in education, creating a more robust enrollment

forecasting, and enhancing recruitment efforts. Reported by





Braun, Vice Chair; Dammeier, Vice Chair; Hargrove,







February 9, 2016

SB 6488 Prime Sponsor, Senator Becker: Directing the

health care authority to apply for a federal innovation waiver to

expand an employer-based coverage option with a portable health

care account. Reported by Committee on Ways & Means







Darneille; Hewitt; Nelson; O'Ban; Padden; Parlette;





February 9, 2016

SB 6494 Prime Sponsor, Senator Darneille: Increasing

access to adequate and appropriate mental health services for

children and youth. Reported by Committee on Ways & Means







Operating; Billig; Conway; Darneille; Hasegawa; Nelson;

O'Ban and Pedersen.


recommendation. Signed by Senators Braun, Vice Chair;

Dammeier, Vice Chair; Bailey; Becker; Brown; Hewitt;



February 9, 2016

SB 6497 Prime Sponsor, Senator Hargrove: Providing

court-based and school-based intervention and prevention efforts

to promote attendance and reduce truancy. Reported by










Hewitt; Nelson; O'Ban; Padden; Parlette; Pedersen; Rolfes;

Schoesler and Warnick.


February 9, 2016

SB 6519 Prime Sponsor, Senator Becker: Expanding

patient access to health services through telemedicine and

establishing a collaborative for the advancement of telemedicine.



No. 6519 as recommended by Committee on Health Care be

substituted therefor, and the substitute bill do pass. Signed

by Senators Hill, Chair; Braun, Vice Chair; Dammeier, Vice








February 9, 2016

SB 6523 Prime Sponsor, Senator Pearson: Providing


service credit for pension purposes for certain emergency medical

services employees. Reported by Committee on Ways & Means











February 9, 2016

SB 6534 Prime Sponsor, Senator O'Ban: Establishing a

maternal mortality review panel. Reported by Committee on

Ways & Means












February 9, 2016

SB 6541 Prime Sponsor, Senator Miloscia: Requiring the

establishment of performance management systems at state

hospitals. Reported by Committee on Ways & Means






Padden; Parlette; Rolfes; Schoesler and Warnick.




Darneille; Nelson and Pedersen.



Member; Billig and Hasegawa.


February 9, 2016

SB 6544 Prime Sponsor, Senator O'Ban: Simplifying

behavioral health regulations and aligning them with other health

regulations to support clinical integration. Reported by













February 9, 2016

SB 6555 Prime Sponsor, Senator Rolfes: Increasing the

personal needs allowance for persons receiving state-financed

care. Reported by Committee on Ways & Means











February 9, 2016

SB 6564 Prime Sponsor, Senator O'Ban: Providing

protections for persons with developmental disabilities.













February 9, 2016

SB 6568 Prime Sponsor, Senator Warnick: Establishing a

water discharge permit for concentrated animal feeding

operations that is issued under the sole authority of state law.






Budget Chair; Hargrove, Ranking Member; Bailey; Becker;

Brown; Hewitt; O'Ban; Padden; Parlette; Schoesler and

Warnick.


Senators Ranker, Ranking Minority Member, Operating;


Rolfes.


recommendation. Signed by Senator Keiser, Assistant

Ranking Member on the Capital Budget.




February 9, 2016

SB 6580 Prime Sponsor, Senator Brown: Financing of

improvements for state-owned lands to be transferred for private

development. Reported by Committee on Ways & Means










recommendation. Signed by Senators Hasegawa and

Pedersen.


February 9, 2016

SB 6583 Prime Sponsor, Senator Miloscia: Requiring the

establishment of performance management systems at the state

department of corrections. Reported by Committee on Ways &

Means






Padden; Parlette; Rolfes; Schoesler and Warnick.




Darneille and Pedersen.



Member; Billig; Conway; Hasegawa and Nelson.


February 9, 2016

SB 6584 Prime Sponsor, Senator Pearson: Establishing a

proof of water reliance application process by which any property

owner who relies on legal water availability to obtain a building

permit prior to the invalidation of an instream flow rule may

secure proof that continued use of water at the property will not

be considered to be causing impairment of minimum flows.






and Warnick.







February 8, 2016

SB 6591 Prime Sponsor, Senator Hobbs: Concerning the

issuance of nondomiciled commercial drivers' licenses and

commercial learners' permits to nonresidents. Reported by





Minority Member; Carlyle; Cleveland; Jayapal; Litzow;

Miloscia; Rivers; Sheldon and Takko.


Senator Ericksen.


February 8, 2016

SB 6595 Prime Sponsor, Senator Liias: Concerning

driver regulation programs. Reported by Committee on

Transportation




Minority Member; Carlyle; Cleveland; Jayapal; Litzow;

Miloscia; Rivers and Takko.


recommendation. Signed by Senator Ericksen.


February 9, 2016

SB 6601 Prime Sponsor, Senator Frockt: Creating the

Washington college savings program. Reported by Committee

on Ways & Means











recommendation. Signed by Senators Braun, Vice Chair and

Hasegawa.


February 9, 2016

SB 6605 Prime Sponsor, Senator Warnick: Ensuring that

solid waste management requirements prevent the spread of

disease, plant pathogens, and pests. Reported by Committee on

Ways & Means



No. 6605 as recommended by Committee on Agriculture,

Water & Rural Economic Development be substituted

therefor, and the substitute bill do pass. Signed by Senators

Hill, Chair; Braun, Vice Chair; Dammeier, Vice Chair;





Darneille; Hewitt; O'Ban; Padden; Parlette; Rolfes and

Schoesler.


Senators Hasegawa; Nelson and Pedersen.


February 8, 2016

SB 6606 Prime Sponsor, Senator King: Concerning

wholesale vehicle dealers. Reported by Committee on

Transportation




Budget; Hobbs, Ranking Minority Member; Liias; Carlyle;

Cleveland; Ericksen; Jayapal; Litzow; Miloscia; Rivers;

Sheldon and Takko.


February 8, 2016

SB 6607 Prime Sponsor, Senator Baumgartner:

Removing state route number 276 from the state highway system.

Reported by Committee on Transportation




Minority Member; Carlyle; Cleveland; Ericksen; Jayapal;

Litzow; Miloscia; Rivers; Sheldon and Takko.


February 8, 2016

SB 6614 Prime Sponsor, Senator Hobbs: Concerning

performance oversight of the state transportation system.

Reported by Committee on Transportation




Minority Member; Carlyle; Cleveland; Ericksen; Miloscia;



February 9, 2016

ESB 6617 Prime Sponsor, Senator Frockt: Concerning the

University of Washington's alternative process for awarding

contracts. Reported by Committee on Ways & Means










Senator Hasegawa.


February 8, 2016

SB 6623 Prime Sponsor, Senator King: Concerning the

rental or lease of transportation property. Reported by




Ranking Minority Member; Ericksen; Litzow; Miloscia;



Senators Liias, Assistant Ranking Minority Member; Carlyle;

Cleveland and Jayapal.


February 9, 2016

SB 6642 Prime Sponsor, Senator Ranker: Modifying

legal financial obligations provisions. Reported by Committee

on Ways & Means











February 8, 2016

SJM 8023 Prime Sponsor, Senator Hobbs: Requesting that

the Stanwood railway station be named "Mary Margaret Haugen

Station." Reported by Committee on Transportation



Ranking Minority Member; Carlyle; Cleveland; Miloscia;

Rivers and Takko.


Senator Ericksen.


MOTION

On motion of Senator Fain, and without objection, all

measures listed on the Standing Committee report were referred

to the committees as designated.

MOTION



At 8:18 p.m., on motion of Senator Fain, the Senate adjourned

until 9:00 o’clock a.m., Wednesday, February 10, 2016.

BRAD OWEN, President of the Senate

HUNTER G. GOODMAN, Secretary of the Senate


5029-S

Second Reading ............................................ 4

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

5109

Committee Report ....................................... 10

5343-S

Third Reading ............................................... 9


6007-S

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


6097


6154


6166

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

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

6179-S

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


6180

Second Reading ............................................ 2


6195


6200


6218


6236


6239


6242


6243


6244


6263


6264


6265


6270


6273-S

Second Reading ............................................ 3


6274

Second Reading ............................................ 3


6281-S

Second Reading ............................................ 2


6284-S

Second Reading ............................................ 4


6286


6287


6292


6297


6299

Second Reading ............................................ 3


6314


6317


6322


6363


6373


6391


6396


6408


6409


6410


6427


6430


6439



6455


6488


6494


6497


6519


6523


6534


6541


6544


6555


6564


6568


6580


6583


6584


6591


6595


6601


6605


6606


6607


6614


6617


6623


6642


6655

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

8023


8706

Adopted ......................................................... 1

Introduced ..................................................... 1

9217 Ted Baseler

Confirmed ..................................................... 2

9272 Ross Hunter

Confirmed ..................................................... 1

CHAPLAIN OF THE DAY

Sawar, Imam Zafar........................................ 1

FLAG BEARERS

Muhammad, Mr. Shaheed ............................. 1

Roach, Mr. Ethan Daniel .............................. 1

GUESTS

Benson, Dr. Carlene ...................................... 1

DeBolt, Ms. Amy, and Students from

Olympic Elementary School ................... 10

Evans, Dr. Jeff............................................... 1

Johnson, Ms. Debi, Executive Director of the

Washington State Urology Society ........... 1

Mohn, Miss Olivia Grace (Pledge of

Allegiance) ................................................ 1

WASHINGTON STATE SENATE

Personal Privilege, Senator Rolfes ................ 4

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