Washington 2017-2018 Regular Session Status: Passed Senate 1 D cosponsors

SB 5577 — Concerning the rights and obligations associated with incapacitated persons and other vulnerable adults.

Last action — Senate Rules "X" file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The updated version of SB 5577 adds specific requirements for guardians of incapacitated persons, mandating that they involve the individual in decision-making as much as possible and to consider their preferences. Additionally, it tightens restrictions on when a guardian can limit an incapacitated person's communication or interaction with others, requiring court approval in most cases. This change is important because it strengthens the rights of vulnerable adults, ensuring they have a voice in their own care and can maintain connections with people of their choosing unless there are clear legal grounds for restrictions.

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S-1726.1SECOND SUBSTITUTE SENATE BILL 5577State of Washington65th Legislature2017 Regular SessionBy Senate Ways & Means (originally sponsored by Senators Conway and Keiser)READ FIRST TIME 02/23/17.AN ACT Relating to the rights and obligations associated with incapacitated persons and other vulnerable adults;
S-0543.2SENATE BILL 5577State of Washington65th Legislature2017 Regular SessionBy Senators Conway and KeiserRead first time 01/30/17.
Referred to Committee on Human Services, Mental Health & Housing.AN ACT Relating to the rights and obligations associated with incapacitated persons and other vulnerable adults;
and(ii) Within fourteen calendar days of imposing the restriction under (c)(i) of this subsection, the guardian or limited guardian files a petition for a protection order under chapter 74.34 RCW.
and(ii) Within fourteen calendar days of imposing the restriction under (c)(i) of this subsection, the guardian or limited guardian files a petition in the guardianship proceeding for a protection order under chapter 74.34 RCW.
The immediate need restriction must remain in place until the court has heard and issued an order or decision on the petition.(3) A protection order under chapter 74.34 RCW issued to protect an individual subject to a guardianship as described in subsection (2)(c)(ii) of this section:(a) Must include written findings of fact and conclusions of law;(b) May not be more restrictive than necessary to protect the incapacitated person from abuse, neglect, abandonment, or financial exploitation as those terms are defined in RCW 74.34.020;
The immediate need restriction must remain in place until the court has heard and issued an order or decision on the petition.(3) A protection order under chapter 74.34 RCW issued in the context of a guardianship proceeding as described in subsection (2)(c)(ii) of this section:(a) Must include written findings of fact and conclusions of law;(b) May not be more restrictive than necessary to protect the incapacitated person from abuse, neglect, abandonment, or financial exploitation as those terms are defined in RCW 74.34.020;
The court may order the procedure only after an attorney is appointed in accordance with RCW 11.88.045 if no attorney has previously appeared, notice is given, and a hearing is held in accordance with RCW 11.88.040.NEW SECTION.  Sec. 4.  A new section is added to chapter 2.72 RCW to read as follows:Subject to the availability of amounts specifically appropriated for this purpose, the office of public guardianship, in partnership with the office of the state long-term care ombuds, must develop and offer training targeted to the legal community and persons working in long-term care facilities regarding the different kinds of decision-making authority, including guardianship, authority granted under power of attorney, and surrogate health care decision-making authority.
The court may order the procedure only after an attorney is appointed in accordance with RCW 11.88.045 if no attorney has previously appeared, notice is given, and a hearing is held in accordance with RCW 11.88.040.NEW SECTION.  Sec. 4.  A new section is added to chapter 2.72 RCW to read as follows:The office of public guardianship, in partnership with the office of the state long-term care ombuds, must develop and offer training targeted to the legal community and persons working in long-term care facilities regarding the different kinds of decision-making authority, including guardianship, authority granted under power of attorney, and surrogate health care decision-making authority.
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Action History

  1. Senate Rules "X" file.

  2. By resolution, reintroduced and retained in present status.

  3. By resolution, reintroduced and retained in present status.

  4. By resolution, reintroduced and retained in present status.

  5. By resolution, reintroduced and retained in present status.

  6. Placed on Rules White Sheet.

  7. By resolution, returned to Senate Rules Committee for third reading.

  8. Referred to Rules 2 Consideration.

  9. Placed on second reading by Rules Committee.

  10. Referred to Rules 2 Review.

  11. Minority; do not pass.

  12. APP - Majority; do pass with amendment(s) by Judiciary.

  13. Referred to Appropriations.

  14. JUDI - Majority; do pass with amendment(s).

  15. First reading, referred to Judiciary (Not Officially read and referred until adoption of Introduction report).

  16. Third reading, passed; yeas, 47; nays, 0; absent, 0; excused, 2.

  17. Rules suspended. Placed on Third Reading.

  18. 2nd substitute bill substituted.

  19. 2nd substitute bill substituted.

  20. 2nd substitute bill substituted.

  21. Placed on second reading by Rules Committee.

  22. Placed on second reading by Rules Committee.

  23. Placed on second reading by Rules Committee.

  24. Passed to Rules Committee for second reading.

  25. Passed to Rules Committee for second reading.

  26. Passed to Rules Committee for second reading.

  27. WM - Majority; 2nd substitute bill be substituted, do pass.

  28. WM - Majority; 2nd substitute bill be substituted, do pass.

  29. WM - Majority; 2nd substitute bill be substituted, do pass.

  30. On motion, referred to Ways & Means.

  31. On motion, referred to Ways & Means.

  32. HSMH - Majority; 1st substitute bill be substituted, do pass.

  33. HSMH - Majority; 1st substitute bill be substituted, do pass.

  34. First reading, referred to Human Services, Mental Health & Housing.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 149 not signed on

Sponsors (1)

Co-sponsors (1)

  • Keiser

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#9)

Passed 47 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 31002
Republican 8000
Democrat 8000
Total 47002
% of votes cast 96%0%0%4%
How each member voted (49)
Member Party Vote
Angel — Yea
Bailey — Yea
Becker — Yea
Ericksen — Yea
Hawkins — Yea
Hobbs — Yea
Mullet — Yea
Nelson — Yea
Palumbo — Yea
Padden — Yea
Rivers — Yea
Rolfes — Yea
Rossi — Yea
Sheldon — Yea
Brown — Yea
Baumgartner — Yea
Billig — Yea
Carlyle — Not Voting
Darneille — Yea
Fain — Yea
Wilson — Yea
Pearson — Yea
Ranker — Yea
Takko — Yea
Zeiger — Yea
Frockt — Not Voting
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
McCoy — Yea
Miloscia — Yea
O'Ban — Yea
Van De Wege — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Jamie Pedersen Democrat Yea
Lisa Wellman Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
Victoria Hunt Democrat Yea
Curtis King Republican Yea
Jim Walsh Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Mark Schoesler Republican Yea
Phil Fortunato Republican Yea
Rob Chase Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 5577?
SB 5577 is sponsored by Steve Conway (Democrat) and Keiser.
What is the current status of SB 5577?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5577?
Track SB 5577 free on One Click Politics — get push/email alerts when it moves.

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