SIXTY FIFTH LEGISLATURE - REGULAR SESSION

 

 

FIFTY EIGHTH DAY

 

 

House Chamber, Olympia, Tuesday, March 7, 2017

 


The House was called to order at 10:00 a.m. by the Speaker (Representative Orwall presiding).  The Clerk called the roll and a quorum was present.

 

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Logan Cornwell and Elizabeth Skoglun.  The Speaker (Representative Orwall presiding) led the Chamber in the Pledge of Allegiance.  The prayer was offered by Pastor Han Zhou, Olympia Chinese Christian Church, Washington.

 

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

 

SPEAKER’S PRIVILEGE

 

The Speaker (Representative Orwall  presiding) asked the members to join her in a moment of silence in rememberance of former Representative Helen Sommers.

 

There being no objection, the House advanced to the third order of business.

 

MESSAGES FROM THE SENATE

 

March 6, 2017

MR. SPEAKER:

 

The Senate has passed:

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 5294,

ENGROSSED SENATE BILL NO. 5665,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5729,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5781,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5810,

 

and the same are herewith transmitted.

 

Hunter G. Goodman, Secretary

 

March 6, 2017

MR. SPEAKER:

 

The Senate has passed:

 

SECOND SUBSTITUTE SENATE BILL NO. 5179,

SUBSTITUTE SENATE BILL NO. 5289,

SENATE BILL NO. 5333,

SENATE BILL NO. 5399,

SUBSTITUTE SENATE BILL NO. 5435,

SUBSTITUTE SENATE BILL NO. 5458,

SUBSTITUTE SENATE BILL NO. 5537,

SUBSTITUTE SENATE BILL NO. 5573,

SENATE BILL NO. 5621,

SENATE BILL NO. 5632,

SUBSTITUTE SENATE BILL NO. 5634,

SENATE BILL NO. 5635,

SUBSTITUTE SENATE BILL NO. 5713,

SENATE BILL NO. 5778,

 

and the same are herewith transmitted.

 

Hunter G. Goodman, Secretary

 

March 6, 2017

MR. SPEAKER:

 

The Senate has passed:

 

SECOND SUBSTITUTE SENATE BILL NO. 5021,

SENATE BILL NO. 5325,

SENATE BILL NO. 5331,

SUBSTITUTE SENATE BILL NO. 5358,

SUBSTITUTE SENATE BILL NO. 5426,

SUBSTITUTE SENATE BILL NO. 5443,

SUBSTITUTE SENATE BILL NO. 5589,

SENATE BILL NO. 5660,

SENATE BILL NO. 5661,

SECOND SUBSTITUTE SENATE BILL NO. 5749,

 

and the same are herewith transmitted.

 

Hunter G. Goodman, Secretary

 

There being no objection, the House advanced to the fourth order of business.

 

INTRODUCTION & FIRST READING

 

HB 2139 by Representatives Stanford and Kloba

 

AN ACT Relating to issuance of a search warrant by a municipal court judge; and amending RCW 2.20.030.

 

Referred to Committee on Judiciary.

 

HB 2140 by Representatives Buys, Taylor, Manweller, Wilcox, Dent, Chandler, Shea and Koster

 

AN ACT Relating to equitable treatment in water pollution control permitting; and adding a new section to chapter 90.48 RCW.

 

Referred to Committee on Environment.

 

HB 2141 by Representatives Buys, Taylor, Manweller, Van Werven, Dent, Chandler, Shea, Schmick and Koster

 

AN ACT Relating to requiring water discharge permits issued to sewerage systems to establish environmental protections that are at least as stringent as environmental protections required during agricultural activities; and amending RCW 90.48.162.

 

Referred to Committee on Environment.

 

SB 5036  by Senators Takko and Sheldon

 

AN ACT Relating to clarifying the authority and procedures for unit priced contracting by public utility districts; and amending RCW 54.04.070.

 

Referred to Committee on Local Government.

 

ESB 5097           by Senators Braun and Takko

 

AN ACT Relating to clarifying procedures for appointment to the Chehalis board created by chapter 194, Laws of 2016; amending RCW 43.21A.731; and declaring an emergency.

 

Referred to Committee on Agriculture & Natural Resources.

 

SB 5189  by Senators Warnick, Takko and Angel

 

AN ACT Relating to eliminating the collection of anticipated taxes and assessments; amending RCW 84.56.345 and 84.40.042; and repealing RCW 58.08.040.

 

Referred to Committee on Finance.

 

SSB 5343           by Senate Committee on Transportation (originally sponsored by Senators Warnick and Takko)

 

AN ACT Relating to notice sent by and certain release of information affecting registered tow truck operators; and amending RCW 46.55.110 and 46.52.130.

 

Referred to Committee on Transportation.

 

SSB 5346           by Senate Committee on Ways & Means (originally sponsored by Senators Walsh, Rolfes, Zeiger, Hobbs, Warnick, Pedersen, Nelson, Darneille, Kuderer, Hunt, Keiser, McCoy, Honeyford, Fain, Liias, Cleveland, Sheldon, Conway, Pearson, Frockt, Wilson, Bailey and Hasegawa)

 

AN ACT Relating to creating a legislative page scholarship program; reenacting and amending RCW 43.79A.040; adding new sections to chapter 44.04 RCW; and adding a new section to chapter 42.52 RCW.

 

Referred to Committee on State Government, Elections & Information Technology.

 

ESSB 5431         by Senate Committee on Agriculture, Water, Trade & Economic Development (originally sponsored by Senators Warnick, Takko, Brown, Hawkins, Liias, Schoesler, Honeyford and Fortunato)

 

AN ACT Relating to protection of composting from nuisance lawsuits; amending RCW 7.48.305; and creating a new section.

 

Referred to Committee on Agriculture & Natural Resources.

 

SSB 5618           by Senate Committee on Human Services, Mental Health & Housing (originally sponsored by Senators Darneille and Keiser)

 

AN ACT Relating to arrest of sixteen and seventeen year olds for domestic violence assault; and reenacting and amending RCW 10.31.100.

 

Referred to Committee on Early Learning & Human Services.

 

ESB 5652           by Senators Angel and Rolfes

 

AN ACT Relating to actions by the boundary review board; and amending RCW 36.93.150, 36.93.170, and 36.93.180.

 

Referred to Committee on Local Government.

 

SB 5674  by Senators Palumbo and Fain

 

AN ACT Relating to the final approval of subdivisions of land; and amending RCW 58.17.100, 58.17.170, and 58.17.190.

 

Referred to Committee on Local Government.

 

ESB 5720           by Senators Hawkins, Hobbs, Takko, Baumgartner, Sheldon, King, Brown and Schoesler

 

AN ACT Relating to payment of production-based compensation wages for the employment and use of labor in agricultural activities and in the production, handling, and storage of farm products; adding a new section to chapter 49.46 RCW; and declaring an emergency.

 

Referred to Committee on Labor & Workplace Standards.

 

SB 5736  by Senators Brown, Palumbo, Keiser, Rossi, Frockt, Braun, Bailey, Hasegawa and Rolfes

 

AN ACT Relating to the expansion of nutrition programs for older adults; and creating new sections.

 

Referred to Committee on Appropriations.

 

ESB 5761           by Senators McCoy, Hunt and Hasegawa

 

AN ACT Relating to exempting certain confidential fish and shellfish harvest information from disclosure under chapter 42.56 RCW, the public records act; and amending RCW 42.56.430.

 

Referred to Committee on State Government, Elections & Information Technology.

 

ESSB 5777         by Senate Committee on Commerce, Labor & Sports (originally sponsored by Senators Brown, Carlyle, Angel, Chase and Saldańa)

 

AN ACT Relating to improving the business climate in this state by simplifying the administration of municipal general business licenses; adding a new chapter to Title 35 RCW; and creating a new section.

 

Referred to Committee on Finance.

 

ESB 5834           by Senator Baumgartner

 

AN ACT Relating to licensing of bonded spirits warehouses; amending RCW 66.24.640; and adding a new section to chapter 66.24 RCW.

 

Referred to Committee on Commerce & Gaming.

 

SSB 5844           by Senate Committee on Ways & Means (originally sponsored by Senator Braun)

 

AN ACT Relating to adopting citizen commission 2016 recommendations and making adjustments to the commission's review process; amending RCW 82.04.240, 43.136.045, and 43.136.055; creating new sections; repealing RCW 82.08.965, 82.12.965, 84.36.645, 82.04.448, 82.08.970, 82.12.970, 82.04.426, and 82.32.790; and repealing 2010 c 114 s 104 and 2003 c 149 s 3.

 

Referred to Committee on Finance.

 

There being no objection, the bills listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated.

 

There being no objection, the House advanced to the fifth order of business.

 

REPORTS OF STANDING COMMITTEES

 

March 3, 2017

HB 1032             Prime Sponsor, Representative Ryu: Concerning the excise taxation of martial arts.  Reported by Committee on Finance

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Lytton, Chair; Nealey, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Condotta; Dolan; Pollet; Springer; Stokesbary; Wilcox and Wylie.

 

MINORITY recommendation:  Without recommendation.  Signed by Representative Frame, Vice Chair.

 

Referred to Committee on Rules for second reading.

 

March 3, 2017

HB 1309             Prime Sponsor, Representative Steele: Concerning removal of land from the current use property tax classification due to certain natural disasters.  Reported by Committee on Finance

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Lytton, Chair; Nealey, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Condotta; Dolan; Pollet; Springer; Stokesbary; Wilcox and Wylie.

 

MINORITY recommendation:  Without recommendation.  Signed by Representative Frame, Vice Chair.

 

Referred to Committee on Rules for second reading.

 

March 3, 2017

HB 1797             Prime Sponsor, Representative McBride: Concerning encouraging affordable housing development and preservation by providing cities limited sales tax remittance for qualifying investments, providing cities and counties authority to use real estate excise taxes to support affordable housing, and providing cities and counties with councilmanic authority to impose the affordable housing sales tax.  Reported by Committee on Finance

 

MAJORITY recommendation:  The substitute bill by Committee on Community Development, Housing & Tribal Affairs be substituted therefor and the substitute bill do pass.  Signed by Representatives Lytton, Chair; Dolan; Pollet; Springer; Stokesbary; Wilcox and Wylie.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Orcutt, Assistant Ranking Minority Member and Condotta.

 

MINORITY recommendation:  Without recommendation.  Signed by Representatives Frame, Vice Chair Nealey, Ranking Minority Member.

 

Referred to Committee on Rules for second reading.

 

March 3, 2017

HB 2002             Prime Sponsor, Representative Nealey: Making a technical correction in Engrossed Substitute Senate Bill No. 6057 from 2015 to provide that the business and occupation tax rate for newspapers takes effect as of July 1, 2015.  Reported by Committee on Finance

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Lytton, Chair; Nealey, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Condotta; Dolan; Pollet; Springer; Stokesbary; Wilcox and Wylie.

 

MINORITY recommendation:  Without recommendation.  Signed by Representative Frame, Vice Chair.

 

Referred to Committee on Rules for second reading.

 

March 2, 2017

SSB 5031           Prime Sponsor, Committee on Financial Institutions & Insurance: Addressing licensing and enforcement provisions applicable to money transmitters and currency exchanges under the uniform money services act.  Reported by Committee on Business & Financial Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kirby, Chair; Reeves, Vice Chair; Vick, Ranking Minority Member; Walsh, J., Assistant Ranking Minority Member; Barkis; Blake; Jenkin; McCabe and Santos.

 

Referred to Committee on Rules for second reading.

 

March 6, 2017

SB 5125             Prime Sponsor, Senator Braun: Defining independent contractor relationships in the context of real estate licensing.  Reported by Committee on Business & Financial Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kirby, Chair; Reeves, Vice Chair; Vick, Ranking Minority Member; Walsh, J., Assistant Ranking Minority Member; Barkis; Bergquist; Blake; Jenkin; McCabe; Santos and Stanford.

 

Referred to Committee on Rules for second reading.

 

March 6, 2017

SB 5244             Prime Sponsor, Senator O'Ban: Concerning the means of communication between a buyer or lessee and an auto dealer during the "bushing" period.  Reported by Committee on Business & Financial Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kirby, Chair; Reeves, Vice Chair; Vick, Ranking Minority Member; Walsh, J., Assistant Ranking Minority Member; Barkis; Bergquist; Blake; Jenkin; McCabe; Santos and Stanford.

 

Referred to Committee on Rules for second reading.

 

March 6, 2017

SSB 5675           Prime Sponsor, Committee on Financial Institutions & Insurance: Addressing the minimum operating requirements and the review of plans necessary to be included in the small business retirement marketplace.  Reported by Committee on Business & Financial Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kirby, Chair; Reeves, Vice Chair; Vick, Ranking Minority Member; Walsh, J., Assistant Ranking Minority Member; Barkis; Bergquist; Blake; Jenkin; McCabe; Santos and Stanford.

 

Referred to Committee on Rules for second reading.

 

There being no objection, the bills listed on the day’s committee reports under the fifth order of business were referred to the committees so designated.

 

There being no objection, the House advanced to the sixth order of business.

 

SECOND READING

 

HOUSE BILL NO. 1714, by Representatives Cody, Doglio, Ryu, Pollet, Peterson, McBride, Wylie, Stonier, Goodman, Sawyer, Bergquist, Gregerson, Sullivan, Lytton, Tharinger, Chapman, Lovick, Senn, Hansen, Sells, Frame, Fitzgibbon, Riccelli, Macri, Jinkins, Dolan, Stanford, Orwall, Ortiz-Self, Farrell, Slatter, Tarleton, Clibborn, Fey, Kilduff, Reeves, Pettigrew, Appleton, Robinson, Blake, Ormsby, Pellicciotti, Kloba, Hudgins and Santos

 

Concerning nursing staffing practices at hospitals.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1714 was substituted for House Bill No. 1714 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1714 was read the second time.

 

Representative Cody moved the adoption of amendment (280).

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that:

(1) Research demonstrates that registered nurses play a critical role in improving patient safety and quality of care;

(2) Appropriate staffing of hospital personnel including registered nurses available for patient care assists in reducing errors, complications, and adverse patient care events and can improve staff safety and satisfaction and reduce incidences of workplace injuries;

(3) Health care professional, technical, and support staff comprise vital components of the patient care team, bringing their particular skills and services to ensuring quality patient care;

(4) Assuring sufficient staffing of hospital personnel, including registered nurses, is an urgent public policy priority in order to protect patients and support greater retention of registered nurses and safer working conditions; and

(5) Steps should be taken to promote evidence-based nurse staffing and increase transparency of health care data and decision making based on the data.

Sec. 2.  RCW 70.41.420 and 2008 c 47 s 3 are each amended to read as follows:

(1) By September 1, 2008, each hospital shall establish a nurse staffing committee, either by creating a new committee or assigning the functions of a nurse staffing committee to an existing committee. At least one-half of the members of the nurse staffing committee shall be registered nurses currently providing direct patient care and up to one‑half of the members shall be determined by the hospital administration. The selection of the registered nurses providing direct patient care shall be according to the collective bargaining agreement if there is one in effect at the hospital. If there is no applicable collective bargaining agreement, the members of the nurse staffing committee who are registered nurses providing direct patient care shall be selected by their peers.

(2) Participation in the nurse staffing committee by a hospital employee shall be on scheduled work time and compensated at the appropriate rate of pay. Nurse staffing committee members shall be relieved of all other work duties during meetings of the committee.

(3) Primary responsibilities of the nurse staffing committee shall include:

(a) Development and oversight of an annual patient care unit and shift‑based nurse staffing plan, based on the needs of patients, to be used as the primary component of the staffing budget. Factors to be considered in the development of the plan should include, but are not limited to:

(i) Census, including total numbers of patients on the unit on each shift and activity such as patient discharges, admissions, and transfers;

(ii) Level of intensity of all patients and nature of the care to be delivered on each shift;

(iii) Skill mix;

(iv) Level of experience and specialty certification or training of nursing personnel providing care;

(v) The need for specialized or intensive equipment;

(vi) The architecture and geography of the patient care unit, including but not limited to placement of patient rooms, treatment areas, nursing stations, medication preparation areas, and equipment; ((and))

(vii) Staffing guidelines adopted or published by national nursing professional associations, specialty nursing organizations, and other health professional organizations;

(viii) Availability of other personnel supporting nursing services on the unit; and

(ix) Strategies to enable nurses to take meal and rest breaks as required by law or the terms of an applicable collective bargaining agreement, if any, between the hospital and a representative of the nursing staff;

(b) Semiannual review of the staffing plan against patient need and known evidence-based staffing information, including the nursing sensitive quality indicators collected by the hospital;

(c) Review, assessment, and response to staffing variations or concerns presented to the committee.

(4) In addition to the factors listed in subsection (3)(a) of this section, hospital finances and resources ((may)) must be taken into account in the development of the nurse staffing plan.

(5) The staffing plan must not diminish other standards contained in state or federal law and rules, or the terms of an applicable collective bargaining agreement, if any, between the hospital and a representative of the nursing staff.

(6) The committee will produce the hospital's annual nurse staffing plan. If this staffing plan is not adopted by the hospital, the chief executive officer shall provide a written explanation of the reasons why the plan was not adopted to the committee and the chief executive officer must either identify those elements of the proposed plan being changed or prepare an alternate annual staffing plan that will be adopted by the hospital. Beginning January 1, 2019, each hospital shall submit its staffing plan to the department and thereafter on an annual basis and at any time in between that the plan is updated.

(7) Beginning January 1, 2019, each hospital shall implement the staffing plan and assign nursing personnel to each patient care unit in accordance with the plan.

(a) A nurse may report to the staffing committee any variations where the nurse personnel assignment in a patient care unit is not in accordance with the adopted staffing plan and may make a complaint to the committee based on the variations.

(b) Shift-to-shift adjustments in staffing levels required by the plan may be made by the appropriate hospital personnel overseeing patient care operations only after consultation with one or more impacted registered nurses providing direct patient care on the patient care unit or units utilizing procedures specified by the staffing committee. If a nurse on a patient care unit objects to a shift-to-shift adjustment, the registered nurse may submit the complaint to the staffing committee.

(c) Staffing committees shall develop a process to examine and respond to data submitted under (a) and (b) of this subsection, including the ability to determine if a specific complaint is resolved or dismissing a complaint based on unsubstantiated data.

(8) Each hospital shall post, in a public area on each patient care unit, the nurse staffing plan and the nurse staffing schedule for that shift on that unit, as well as the relevant clinical staffing for that shift. The staffing plan and current staffing levels must also be made available to patients and visitors upon request.

(((8))) (9) A hospital may not retaliate against or engage in any form of intimidation of:

(a) An employee for performing any duties or responsibilities in connection with the nurse staffing committee; or

(b) An employee, patient, or other individual who notifies the nurse staffing committee or the hospital administration of his or her concerns on nurse staffing.

(((9))) (10) This section is not intended to create unreasonable burdens on critical access hospitals under 42 U.S.C. Sec. 1395i-4. Critical access hospitals may develop flexible approaches to accomplish the requirements of this section that may include but are not limited to having nurse staffing committees work by telephone or ((electronic mail)) email.

NEW SECTION.  Sec. 3.  A new section is added to chapter 70.41 RCW to read as follows:

(1)(a) The department shall investigate a complaint for violation of RCW 70.41.420 following receipt of a complaint with documented evidence of failure to:

(i) Form or establish a staffing committee;

(ii) Conduct a semiannual review of a nurse staffing plan;

(iii) Submit a nurse staffing plan on an annual basis and any updates; or

(iv) Follow the nursing personnel assignments as adopted by the hospital as evidenced by the aggregate data of concerns for either shift-to-shift adjustment or reports of variations not in accordance with the adopted staffing plan for the hospital. This must be evidenced by a minimum of a sixty-day period of aggregate complaint data filed under RCW 70.41.420(7) (a) and (b) and where the staffing committee has not determined the complaints resolved; except in the event of unforeseeable emergency circumstances or where the hospital, after consultation with the staffing committee, documents it has made reasonable efforts to obtain staffing to meet required assignments but has been unable to do so.

(b) The department shall investigate the complaint and, if the department determines that there has been a violation, require the hospital to submit a corrective plan of action within forty-five days of the presentation of findings from the department to the hospital.

(2) In the event that a hospital fails to submit or submits but fails to follow such a corrective plan of action in response to a violation or violations found by the department based on a complaint filed pursuant to subsection (1) of this section, the department may impose, for all violations asserted against a hospital at any time, a civil penalty of one hundred dollars per day until the hospital submits or begins to follow a corrective plan of action or takes other action agreed to by the department.

(3) The department shall maintain for public inspection records of any civil penalties, administrative actions, or license suspensions or revocations imposed on hospitals under this section.

(4) For purposes of this section, "unforeseeable emergency circumstance" means:

(a) Any unforeseen national, state, or municipal emergency;

(b) When a health care facility disaster plan is activated;

(c) Any unforeseen disaster or other catastrophic event that substantially affects or increases the need for health care services; or

(d) When hospitals in a community are diverting patients to other hospitals for treatment.

(5) Nothing in this section shall be construed to preclude the ability to otherwise submit a complaint to the department for failure to follow RCW 70.41.420.

NEW SECTION.  Sec. 4.  This act may be known and cited as the Washington state patient safety act."

Correct the title.

      Representatives Cody and Schmick spoke in favor of the adoption of the amendment.

 

Amendment (280) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Cody and Schmick spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1714.

 

MOTIONS

 

On motion of Representative Hayes, Representative Smith was excused.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1714, and the bill passed the House by the following vote:Yeas, 61; Nays, 36; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Haler, Hansen, Holy, Hudgins, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, McCaslin, Morris, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Volz, Wylie and Mr. Speaker.

Voting nay: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Hargrove, Harmsworth, Harris, Hayes, Irwin, Jenkin, Klippert, Koster, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCabe, McDonald, Orcutt, Pike, Rodne, Shea, Steele, Stokesbary, Taylor, Van Werven, Vick, J. Walsh, Wilcox and Young

Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1714, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1715, by Representatives Riccelli, Gregerson, McBride, Stonier, Wylie, Pollet, Cody, Ryu, Goodman, Morris, Fitzgibbon, Sullivan, Lytton, Tharinger, Chapman, Peterson, Lovick, Senn, Hansen, Sells, Frame, Doglio, Bergquist, Sawyer, Macri, Jinkins, Dolan, Stanford, Orwall, Ortiz-Self, Farrell, Slatter, Tarleton, Springer, Fey, Kilduff, Reeves, Pettigrew, Appleton, Robinson, Blake, Kagi, Ormsby, Pellicciotti, Kloba, Hudgins and Santos

 

Addressing meal and rest breaks and mandatory overtime for certain health care employees.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Riccelli, Holy, Sullivan, Jinkins and Riccelli (again) spoke in favor of the passage of the bill.

 

      Representatives Manweller, Johnson, Harris, Manweller (again), Condotta and Irwin spoke against the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1715.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1715, and the bill passed the House by the following vote:  Yeas, 55; Nays, 42; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, DeBolt, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Holy, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, McCabe, Morris, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Volz, Wylie and Mr. Speaker.

      Voting nay: Representatives Barkis, Buys, Caldier, Chandler, Condotta, Dent, Dye, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Irwin, Jenkin, Johnson, Klippert, Koster, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCaslin, McDonald, Muri, Nealey, Pike, Rodne, Schmick, Shea, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, J. Walsh, Wilcox and Young.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1715, having received the necessary constitutional majority, was declared passed.

 

 

      HOUSE BILL NO. 1930, by Representatives Frame, Rodne and Jinkins

 

Concerning child custody.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1930 was substituted for House Bill No. 1930 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1930 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representative Frame spoke in favor of the passage of the bill.

 

      Representative Rodne spoke against the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1930.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 1930, and the bill passed the House by the following vote: Yeas, 50; Nays, 47; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Wylie and Mr. Speaker.

Voting nay: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Koster, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCabe, McCaslin, McDonald, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, J. Walsh, Wilcox and Young.

Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 1930, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1001, by Representatives Morris, Smith, Tarleton, Haler and Doglio

 

Concerning utility easements on state-owned aquatic lands.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Morris and DeBolt spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1001.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1001, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

Excused: Representative Smith.

 

HOUSE BILL NO. 1001, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1377, by Representatives Ortiz-Self, Stonier, Santos, Lovick, Gregerson, Peterson, Ryu, Appleton, Fitzgibbon, Goodman, Bergquist and Doglio

 

Improving students' mental health by enhancing nonacademic professional services.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1377 was substituted for House Bill No. 1377 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1377 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Ortiz-Self, Stonier and Ortiz-Self (again) spoke in favor of the passage of the bill.

 

      Representatives Harris and Manweller spoke against the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1377.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 1377, and the bill passed the House by the following vote: Yeas, 57; Nays, 40; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, MacEwen, Macri, McBride, McDonald, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Wylie and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dent, Dye, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Koster, Kraft, Kretz, Kristiansen, Manweller, Maycumber, McCabe, McCaslin, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, J. Walsh, Wilcox and Young.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 1377, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1532, by Representatives Lytton and Hayes

 

Concerning the exemption of property taxes for nonprofit homeownership development.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1532 was substituted for House Bill No. 1532 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1532 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Lytton and Nealey spoke in favor of the passage of the bill

.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1532.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 1532, and the bill passed the House by the following vote: Yeas, 79; Nays, 18; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, DeBolt, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, McBride, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Volz, J. Walsh, Wilcox, Wylie and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Condotta, Dent, Dye, Haler, Koster, Kretz, Maycumber, McCabe, McCaslin, Pike, Schmick, Shea, Taylor, Van Werven, Vick and Young.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 1532, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1465, by Representatives Short, Lytton, Kretz, Koster, Schmick and Fitzgibbon

 

Exempting from public disclosure certain information regarding reports on wolf depredations.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1465 was substituted for House Bill No. 1465 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1465 was read the second time.

 

Representative Hudgins moved the adoption of amendment (156).

0)

On page 4, after line 12, insert the following:

"NEW SECTION.  Sec. 3.  A new section is added to chapter 42.56 RCW to read as follows:

By December 1, 2021, the public records exemptions accountability committee, in addition to its duties in RCW 42.56.140, must prepare and submit a report to the legislature that includes recommendations on whether the exemptions created in section 1, chapter . . ., Laws of 2017 (section 1 of this act) should be continued or allowed to expire. The report should focus on whether the exemption continues to serve the intent of the legislature in section 1, chapter . . ., Laws of 2017 (section 1 of this act) to provide protections of personal information during the period the state establishes and implements new policies regarding wolf management. The committee must consider whether the development of wolf management policy, by the time of the report, has diminished risks of threats to personal safety so that the protection of personal information in section 1, chapter . . ., Laws of 2017 (section 1 of this act) is no longer an ongoing necessity.

NEW SECTION.  Sec. 4.  This act expires June 30, 2022."

Correct the title.

      Representatives Hudgins and Maycumber spoke in favor of the adoption of the amendment.

 

Amendment (156) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Maycumber and Hudgins spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1465.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1465, and the bill passed the House by the following vote: Yeas, 95; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Sawyer and Stonier.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1465, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1721, by Representatives Cody, Haler, Muri, Goodman and Jinkins

 

Concerning obtaining required clinical experience for licensed practical nurses who complete a nontraditional registered nurse program.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representative Cody spoke in favor of the passage of the bill.

 

      Representative Schmick spoke against the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1721.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1721, and the bill passed the House by the following vote:  Yeas, 85; Nays, 12; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, DeBolt, Dent, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Maycumber, McBride, McCabe, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Van Werven, Vick, J. Walsh, Wilcox, Wylie and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Condotta, Dye, Jenkin, Manweller, McCaslin, Schmick, Shea, Taylor, Volz and Young.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1721, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1763, by Representatives Robinson, Wylie, Jinkins, Ortiz-Self, Sells, Orcutt, Dolan, Pollet, Wilcox, Springer, Kretz, Kloba, Senn, Tharinger, Kilduff and Santos

 

Modifying the property tax exemption for property used to provide housing for eligible persons with developmental disabilities.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1763 was substituted for House Bill No. 1763 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1763 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Robinson and Nealey spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1763.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 1763, and the bill passed the House by the following vote: Yeas, 90; Nays, 7; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chapman, Clibborn, Cody, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Van Werven, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Chandler, Condotta, Koster, McCaslin, Shea, Taylor and Vick.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 1763, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1833, by Representatives Dolan, Doglio, Jinkins and Ortiz-Self

 

Concerning financial reporting by elected and appointed officials, candidates, and appointees.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Dolan and Koster spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1833.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1833, and the bill passed the House by the following vote:  Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1833, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1980, by Representatives Blake, Chapman, Macri, Robinson, Van Werven, Morris, Smith, Haler, J. Walsh, Ryu, Johnson, Stanford, Sells, Ormsby, Frame, Kretz, Dye, Santos, Doglio, Pollet, Tarleton and Jinkins

 

Creating a low-income home rehabilitation revolving loan program.

 

      The bill was read the second time.

 

There being no objection, Second Substitute House Bill No. 1980 was substituted for House Bill No. 1980 and the substitute bill was placed on the second reading calendar.

 

SECOND SUBSTITUTE HOUSE BILL NO. 1980 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Blake and McCabe spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1980.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1980, and the bill passed the House by the following vote: Yeas, 95; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Buys and Taylor.

      Excused: Representative Smith.

 

SECOND SUBSTITUTE HOUSE BILL NO. 1980, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1991, by Representatives Volz, Stonier, McCaslin, Taylor, Shea, Koster and Holy

 

Clarifying the county treasurer's administration of payments and costs related to delinquent properties.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representative Volz spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1991.

 

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1991, and the bill passed the House by the following vote:  Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1991, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 2003, by Representatives Kloba, Kagi, Ortiz-Self, Tarleton, McBride, Ormsby and Fey           a

 

Allowing special parking privileges for certain organizations that dispatch taxicab vehicles or vehicles for hire that transport persons with disabilities.

 

The bill was read the second time.

 

Representative Kloba moved the adoption of amendment (097).

 

0)    On page 2, beginning on line 21, strike all of section 2

    Correct the title.

 

      Representative Kloba spoke in favor of the adoption of the amendment.

 

Amendment (097) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Kloba and Orcutt spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2003.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed House Bill No. 2003, and the bill passed the House by the following vote:Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

 

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

ENGROSSED HOUSE BILL NO. 2003, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1907, by Representatives Orcutt, Blake, DeBolt, McDonald and Van Werven

 

Concerning abandoned cemeteries.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Orcutt and Hudgins spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1907.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1907, and the bill passed the House by the following vote:  Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1907, having received the necessary constitutional majority, was declared passed.

 

HOUSE JOINT MEMORIAL NO. 4010, by Representatives Morris and Lytton

 

Requesting that the Blanchard State Forest be renamed the "Harriet A. Spanel-Blanchard State Forest."

 

      The joint memorial was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on final passage.

 

      Representatives Morris and DeBolt spoke in favor of the passage of the joint memorial.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Joint Memorial No. 4010.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Joint Memorial No. 4010, and the bill passed the House by the following vote:  Yeas, 92; Nays, 5; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Vick, Volz, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Taylor, Van Werven and J. Walsh.

      Excused: Representative Smith.

 

HOUSE JOINT MEMORIAL NO. 4010, having received the necessary constitutional majority, was declared passed.

 

The Speaker (Representative Orwall presiding) called upon Representative Lovick to preside.

 

POINT OF PERSONAL PRIVILEGE

 

Representative Irwin:  “12:31 PM TRANSCRIBE AFTER CLEARING WITH SPEAKERS’ ATTY.

 

HOUSE BILL NO. 1339, by Representatives Cody, Harris, Jinkins, Johnson, Kagi, Lovick, Ormsby and Slatter

 

Providing for restrictions on prescriptions for opioid drugs. Revised for 1st Substitute: Concerning restrictions on prescriptions for opioid drugs.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1339 was substituted for House Bill No. 1339 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1339 was read the second time.

 

Representative Cody moved the adoption of amendment (265).

 

On page 1, at the beginning of line 7, strike "annually" and insert ", on a one-time basis,"

 

 

      Representatives Cody and Schmick spoke in favor of the adoption of the amendment.

 

Amendment (265) was adopted.

 

Representative Cody moved the adoption of amendment (056).

 

On page 1, line 12, after "By" strike "January" and insert "July"

 

 Representatives Cody and Schmick spoke in favor of the adoption of the amendment.

 

Amendment (056) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Cody and Schmick spoke in favor of the passage of the bill.

 

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1339.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1339, and the bill passed the House by the following vote: Yeas, 91; Nays, 6; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, Macri, Manweller, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Buys, Caldier, Graves, MacEwen, Maycumber and Taylor.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1339, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1765, by Representatives Irwin, Koster, Volz, Kraft, Stokesbary and Kloba

 

Concerning donations to the prescription drug donation program.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1765 was substituted for House Bill No. 1765 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1765 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Irwin and Cody spoke in favor of the passage of the bill.

 

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1765.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 1765, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 1765, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1855, by Representatives Blake, Stambaugh and Gregerson

 

Concerning vehicle identification of electrical contractors.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representative Blake spoke in favor of the passage of the bill.

 

      Representative Manweller spoke against the passage of the bill.

 

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1855.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1855, and the bill passed the House by the following vote:  Yeas, 52; Nays, 45; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Dye, Farrell, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stonier, Sullivan, Tarleton, Tharinger, J. Walsh, Wylie and Mr. Speaker.

      Voting nay: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Fey, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Koster, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCabe, McCaslin, McDonald, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, Wilcox and Young.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1855, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1289, by Representatives Riccelli, DeBolt, Tharinger, Doglio, Pike, McBride, Sells, Van Werven, Ryu, Macri, MacEwen, Stonier and Ormsby

 

Concerning plaques for certain state-funded capital budget projects.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1289 was substituted for House Bill No. 1289 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1289 was read the second time.

 

With the consent of the house, amendment (080)  was withdrawn.

 

Representative Riccelli moved the adoption of amendment (234).

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 43.63A RCW to read as follows:

The department must require a plaque sized five and three-quarter inches square and one-fourth to one-half inch deep be affixed to buildings or displayed as part of projects receiving a capital budget appropriation of more than ninety-nine thousand dollars under RCW 43.63A.125, 43.63A.135, and 43.63A.750 and capital budget local and community projects that receive more than ninety-nine thousand dollars. The plaque must contain language that says exactly: "This project has been made possible with funding from the people of Washington State."

Sec. 2.  RCW 27.34.330 and 2015 3rd sp.s. c 3 s 7014 are each amended to read as follows:

The Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility and evaluation criteria. Application for funding of specific projects may be made to the society by local governments, public development authorities, nonprofit corporations, tribal governments, and other entities, as determined by the society. The society, with the advice of leaders in the heritage field, including but not limited to representatives from the office of the secretary of state, the eastern Washington state historical society, and the department of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects to the governor and the legislature in the society's biennial capital budget request. The list shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed ten million dollars. The prioritized list shall be developed through open and public meetings and the amount of state funding shall not exceed thirty-three and thirty-three one-hundredths percent of the total cost of the project. The nonstate portion of the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the society shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant. The society must require a plaque sized five and three-quarter inches square and one-fourth to one-half inch deep be affixed to buildings or displayed as part of projects that receive more than ninety-nine thousand dollars under this section. The plaque must contain language that says exactly: "This project has been made possible with funding from the people of Washington State.""

      Representative Riccelli spoke in favor of the adoption of the striking amendment.

 

Representative Taylor moved the adoption of amendment (245).

 

On page 1, line 13 of the striking amendment, after "State."" insert "Additionally, for capital budget local and community projects that receive more than ninety-nine thousand dollars, the plaque must include the sponsoring legislator's name, if known."

 

 Representative Taylor spoke in favor of the adoption of the amendment to the striking amendment.

 

Representative Tharinger spoke against the adoption of the amendment to the striking amendment.

 

Amendment (245) to the striking amendment (234) was not adopted.

 

Amendment (234) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Riccelli and DeBolt spoke in favor of the passage of the bill.

 

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1289.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1289, and the bill passed the House by the following vote: Yeas, 67; Nays, 30; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, DeBolt, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Harris, Hayes, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Kretz, Lovick, Lytton, MacEwen, Macri, McBride, McCabe, McDonald, Morris, Muri, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Wylie and Mr. Speaker.

      Voting nay: Representatives Barkis, Buys, Chandler, Condotta, Dent, Graves, Griffey, Haler, Hargrove, Harmsworth, Holy, Jenkin, Klippert, Koster, Kraft, Kristiansen, Manweller, Maycumber, McCaslin, Nealey, Pike, Shea, Steele, Taylor, Van Werven, Vick, Volz, J. Walsh, Wilcox and Young.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1289, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1831, by Representatives Pettigrew, Macri, Santos, Ortiz-Self, Frame, Kagi, Fitzgibbon, Stanford, Ormsby and Pollet

 

Revising resource limitations for public assistance.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1831 was substituted for House Bill No. 1831 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1831 was read the second time.

 

With the consent of the house, amendment 248  was withdrawn.

 

Representative Klippert moved the adoption of amendment (279).

 

0)    On page 3, beginning on line 11, after "motor home" strike "((,used and useful having an equity value not to exceed five thousand dollars" and insert ", used and useful having an equity value not to exceed ((five thousand)) ten thousand dollars (("

 

      Representatives Klippert and Kagi spoke in favor of the adoption of the amendment.

 

Amendment (279) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Pettigrew and Dent spoke in favor of the passage of the bill.

 

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1831.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1831, and the bill passed the House by the following vote: Yeas, 75; Nays, 22; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Dent, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Hansen, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kristiansen, Lovick, Lytton, Macri, McBride, McCaslin, McDonald, Morris, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Volz, J. Walsh, Wilcox, Wylie and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dye, Haler, Hargrove, Jenkin, Kretz, MacEwen, Manweller, Maycumber, McCabe, Orcutt, Pike, Schmick, Shea, Steele, Taylor, Van Werven, Vick and Young.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1831, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1482, by Representatives Sawyer, Kagi, Stambaugh, Caldier, Robinson, Springer, Hargrove, Tarleton, Ormsby, Doglio and Stanford

 

Establishing the legislative-executive WorkFirst poverty reduction oversight task force.

 

The bill was read the second time.

 

There being no objection, Second Substitute House Bill No. 1482 was substituted for House Bill No. 1482 and the second substitute bill was placed on the second reading calendar.

 

SECOND SUBSTITUTE HOUSE BILL NO. 1482 was read the second time.

 

Representative Kagi moved the adoption of amendment (225).

 

0)    On page 5, line 2, after "department" strike "((, the office of financial management,))" and insert "((,)); (E) the office of financial management"

    Renumber remaining subsections consecutively and correct any internal references accordingly.

    On page 5, line 4, after "instruction;" strike "(F) the department of corrections;"

    Renumber remaining subsections consecutively and correct any internal references accordingly.

 

      Representative Kagi spoke in favor of the adoption of the amendment.

 

Amendment (225) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representative Sawyer spoke in favor of the passage of the bill.

 

      Representative McCaslin spoke against the passage of the bill.

 

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1482.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1482, and the bill passed the House by the following vote: Yeas, 67; Nays, 30; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Dent, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Hansen, Hargrove, Hudgins, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Lovick, Lytton, MacEwen, Macri, Manweller, McBride, McCabe, McDonald, Morris, Muri, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Wylie and Mr. Speaker.

      Voting nay: Representatives Barkis, Buys, Chandler, Condotta, DeBolt, Dye, Haler, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Koster, Kraft, Kretz, Kristiansen, Maycumber, McCaslin, Nealey, Schmick, Shea, Steele, Taylor, Van Werven, Vick, Volz, J. Walsh, Wilcox and Young.

      Excused: Representative Smith.

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1482, having received the necessary constitutional majority, was declared passed.

 

The Speaker (Representative Lovick presiding) called upon Representative Orwall to preside.

 

HOUSE BILL NO. 1953, by Representatives Dolan, Gregerson, Sells, Doglio, Ormsby and Kilduff

 

Addressing maximum penalties under the Washington industrial safety and health act.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representative Dolan spoke in favor of the passage of the bill.

 

      Representative Manweller spoke against the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1953.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1953, and the bill passed the House by the following vote:  Yeas, 52; Nays, 45; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Irwin, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Wilcox, Wylie and Mr. Speaker.

      Voting nay: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Jenkin, Johnson, Klippert, Koster, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCabe, McCaslin, McDonald, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, J. Walsh and Young.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1953, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1562, by Representatives Gregerson, Stonier, Orwall, Senn, Slatter, Peterson, Lovick, Farrell, Santos, Ryu, McBride, Ortiz-Self, Hudgins, Pollet, Riccelli, Macri, Pike, Stanford, Doglio, Fitzgibbon, Bergquist, Tharinger, Sawyer, Ormsby, Dolan, Cody and Fey

 

Continuing the work of the Washington food policy forum.

 

The bill was read the second time.

 

There being no objection, Second Substitute House Bill No. 1562 was substituted for House Bill No. 1562 and the second substitute bill was placed on the second reading calendar.

 

SECOND SUBSTITUTE HOUSE BILL NO. 1562 was read the second time.

 

Representative Dent moved the adoption of amendment (229).

 

0)

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The legislature finds that:

(a) Numerous governmental agencies, state programs, and private entities share goals and missions relating to food, nutrition, agriculture, health, education, and economic development through sustained agricultural production and improved access to nutritious foods;

(b) The food and agriculture industry generates fifty-one billion dollars annually, employs one hundred sixty thousand people, and contributes thirteen percent to the state's economy;

(c) Agriculture is a leading employer in the state, produces over three hundred different crops, and is composed of many diverse types of agricultural endeavors;

(d) The state of Washington continues to lose farmland every year to nonfarming uses;

(e) The state's food system is the network of people and activities connecting growing and harvesting, processing, distribution, consumption, and residue utilization, as well as associated government and nongovernment institutions, regulations, and programs;

(f) Several nongovernmental and charitable organizations are engaged in the distribution of food to food banks and those in need, and there exists an opportunity to build on connections between these organizations and farmers to enhance the delivery of locally produced food to various food programs;

(g) The current food system in the state of Washington is complex and directly affected by the activities and policies of multiple federal and state agencies and local governments;

(h) Small acreage farms in Washington provide local food and maintain a vibrant culture of agriculture. Although several programs exist to support small farm operations there are opportunities to evaluate the effectiveness of these programs to reduce duplication of effort and streamline service delivery to the farmers; and

(i) The work done by the regional food policy councils in the state can serve as a model for local efforts to bring together community, government, business, and agricultural interests, and improved communication between these local activities, combined with state efforts, could strengthen the state food policy system.

(2) The legislature recognizes the need to understand the impacts of governmental rules and regulations on the viability of small acreage agriculture.

(3) The purpose of this act is to provide for the establishment of a forum to: (a) Increase the direct marketing sales of local farm products; (b) reduce food insecurity in Washington; (c) identify opportunities to improve coordination between local food policy councils and state and federal agencies; and (d) identify rules and regulations impeding the viability of small acreage agriculture.

NEW SECTION.  Sec. 2.  (1) The Washington food policy forum is established as a public-private partnership and its purpose is to develop recommendations to advance the following food system goals:

(a) To increase direct marketing sales and consumption of Washington-grown foods;

(b) To expand and promote programs that bring healthy and nutritious Washington-grown foods to Washington residents, including increased state purchasing of local food products for schools, adult care programs, and other state-funded food programs;

(c) To examine ways to encourage retention of an adequate number of farmers for small scale farms, meet the educational needs for the next generation of farmers, and provide for the continued economic viability of local food production, processing, and distribution in the state;

(d) To reduce food insecurity and hunger in the state; and

(e) To identify ways to improve coordination and communication among local food policy entities and communication between the local food policy entities and state agencies.

(2) Recommendations of the food policy forum must consider, but not be limited to, ways in which the following may help achieve each of the goals identified under subsection (1) of this section:

(a) Increased collaboration and communication between local, state, and federal governments and agencies;

(b) Innovative public-private partnerships that can leverage private and public market influence, such as through institutional purchasing and contracts;

(c) Improvements to state or federal laws or regulations relevant to the small acreage farming interactions with the food system and food security in the state;

(d) Improvements in state or federal program implementation relevant to small acreage farming interactions with the food system and food security in the state;

(e) Identification of additional federal, state, local, and private investments needed to accomplish the recommendations; and

(f) Defining and describing the variety of agriculture in the state utilizing farm acreage, farm business type, crop and agricultural product type, and defining what the term "local" means in the context of food production and distribution.

(3) In developing its recommendations, the food policy forum:

(a) Shall coordinate with appropriate local, state, and federal agencies, tribes, and nongovernmental organizations to avoid duplication of effort;

(b) Shall solicit public input through public hearings or informational sessions;

(c) May conduct research and analysis as needed within financial resources available to the forum; and

(d) May form an advisory committee or committees to address issues identified by the forum and that are within the guidelines of subsection (1) of this section, as requiring additional study or particular expertise.

(4) The directors of the state conservation commission and the department of agriculture are responsible for appointing participating members of the food policy forum and no appointment may be made unless each director concurs in the appointment. In making appointments, the directors must attempt to ensure a diversity of knowledge, experience, and perspectives reflecting the issues to be addressed by the forum including, but not limited to:

(a) State and federal government employees, including academia;

(b) Related nonprofit and community organizations; and

(c) The food industry, including food production, processing, distribution, marketing, and retail sales.

(5) A majority of the participating members appointed by the directors must appoint an administrative chair for the forum.

(6) In addition to members appointed by the directors, four legislators may serve on the food policy forum in an ex officio capacity. Legislative participants must be appointed as follows:

(a) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives; and

(b) The president of the senate shall appoint one member from each of the two largest caucuses of the senate.

(7) Each member of the food policy forum shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.

(8) Staff for the food policy forum must be provided by the state conservation commission and the department of agriculture. The state conservation commission and the department of agriculture are jointly responsible for transmitting the recommendations of the food policy forum to the legislature, consistent with RCW 43.01.036, by October 29, 2018.

(9) This section expires July 1, 2019.

NEW SECTION.  Sec. 3.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2017, in the omnibus appropriations act, this act is null and void."

Correct the title.

      Representatives Dent and Blake spoke in favor of the adoption of the striking amendment.

 

Amendment (229) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Gregerson and Dent spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1562.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1562, and the bill passed the House by the following vote: Yeas, 63; Nays, 34; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Dent, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Kretz, Lovick, Lytton, Macri, Manweller, Maycumber, McBride, McCabe, McDonald, Morris, Muri, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Wilcox, Wylie and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dye, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Jenkin, Klippert, Koster, Kraft, Kristiansen, MacEwen, McCaslin, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, J. Walsh and Young.

      Excused: Representative Smith.

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1562, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1166, by Representatives Griffey and Springer

 

Concerning fire protection district tax levies.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representative Griffey spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1166.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1166, and the bill passed the House by the following vote:  Yeas, 86; Nays, 11; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McDonald, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Volz, J. Walsh, Wilcox, Wylie and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Hargrove, McCaslin, Morris, Orcutt, Shea, Taylor, Van Werven, Vick and Young.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1166, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1333, by Representatives Stambaugh, Springer, Harris, Tarleton, Haler, Muri, Jinkins and Bergquist

 

Requiring establishment of a systemwide credit policy regarding AP exams.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1333 was substituted for House Bill No. 1333 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1333 was read the second time.

 

Representative Stambaugh moved the adoption of amendment (172).

 

0)    Strike everything after the enacting clause and insert the following:

    "NEW SECTION.  Sec. 1.  The legislature finds that advanced placement coursework prepares students for postsecondary success and provides opportunities for them to earn college credit or secure placement in advanced courses. The legislature further finds that eighty-four thousand eight hundred sixty-six students took an AP exam in Washington state in 2015. The legislature further finds that six thousand six hundred sixty-seven of those students were underrepresented minority students and nine thousand four hundred seventy-one were low-income students. The legislature further finds that of the students that took an AP exam in Washington state in 2015, fifty-one thousand seven hundred twenty-five scored a three, four, or five.

Therefore, the legislature intends to establish a policy for granting as many undergraduate course credits as possible to students who have earned a minimum score of three on their AP exams and clearly communicate credit awarding policies and course equivalencies to students. The goal of the policy is to award course credit in all appropriate instances and maximize the number of college students given college credit for AP exam scores of three or higher.

NEW SECTION.  Sec. 2.  A new section is added to chapter 28B.10 RCW to read as follows:

(1) The institutions of higher education must establish a coordinated, evidence-based policy for granting as many undergraduate college credits to students who have earned minimum scores of three on AP exams as possible and appropriate.

(2) Credit policy regarding all AP exams must be posted on campus web sites effective for the 2017 fall academic term. The institutions of higher education must conduct biennial reviews of their AP credit policy and report noncompliance to the appropriate committees of the legislature by November 1st each year beginning November 1, 2019."

 

      Representatives Stambaugh and Hansen spoke in favor of the adoption of the striking amendment.

 

      Representative Manweller spoke against the adoption of the striking amendment.

 

Amendment (172) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Stambaugh and Pollet spoke in favor of the passage of the bill.

 

      Representative Young spoke against the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1333.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1333, and the bill passed the House by the following vote: Yeas, 56; Nays, 41; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chapman, Clibborn, Cody, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Haler, Hansen, Holy, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, McDonald, Morris, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Slatter, Springer, Stambaugh, Stanford, Sullivan, Taylor, Tharinger, Van Werven, Wylie and Mr. Speaker.

      Voting nay: Representatives Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Hargrove, Harmsworth, Harris, Hayes, Irwin, Jenkin, Johnson, Klippert, Koster, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCabe, McCaslin, Muri, Nealey, Orcutt, Pellicciotti, Rodne, Schmick, Sells, Senn, Shea, Steele, Stokesbary, Stonier, Tarleton, Vick, Volz, J. Walsh, Wilcox and Young.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1333, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2058, by Representative Harmsworth

 

Creating procedures for the redemption of certain vehicles that are towed from accident scenes by registered tow truck companies when the vehicle owner is admitted as a patient in a hospital due to the accident.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2058 was substituted for House Bill No. 2058 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2058 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Harmsworth and Clibborn spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2058.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 2058, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 2058, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1371, by Representatives Farrell, Lovick, Haler, Harris, Clibborn, Orwall, Kagi, Robinson, Appleton, Ryu, Goodman, Tarleton, Gregerson, Sells, Ormsby and Cody

 

Modifying the infraction of and penalties for distracted driving.

 

The bill was read the second time.

 

There being no objection Substitute House Bill No. 1371 was substituted for House Bill No. 1371 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1371 was read the second time.

 

With the consent of the house, amendment 075  was withdrawn.

 

Representative Hayes moved the adoption of amendment (132).

0)

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature recognizes that distracted driving is a practice that increases the likelihood of auto accidents, including fatal collisions, and is caused by a variety of activities, including the use of electronic devices, eating and drinking, talking to passengers, grooming, reading, using a navigation system, watching a video, or adjusting an audio device. The legislature further recognizes that distracted driving is one of the top three causes of fatal collisions for young drivers. It is therefore the intent of the legislature to discourage distracted driving by increasing the penalties and fines for traffic infractions when drivers are dangerously distracted and directing the additional revenue from penalties and fines to programs dedicated to reducing distracted driving.

NEW SECTION.  Sec. 2.  A new section is added to chapter 46.61 RCW to read as follows:

(1)(a) It is a traffic infraction to drive dangerously distracted. Any driver who commits this infraction must be assessed the unscheduled infraction base penalty amount prescribed by rule by the supreme court in its schedule of monetary penalties for infractions, as directed under RCW 46.63.110(3).

(b) Enforcement of the infraction of driving dangerously distracted may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of a separate traffic infraction or an equivalent local ordinance.

(c) For the purposes of this section, "dangerously distracted" means a person who engages in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such motor vehicle on any highway.

(2) The additional monetary penalty imposed under this section must be deposited into the distracted driving prevention account created in subsection (3) of this section.

(3) The distracted driving prevention account is created in the state treasury. All receipts from the base penalty in subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only by the Washington traffic safety commission solely to support programs dedicated to reducing distracted driving and improving driver education on distracted driving.

Sec. 3.  RCW 43.84.092 and 2016 c 194 s 5, 2016 c 161 s 20, and 2016 c 112 s 4 are each reenacted and amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the Alaskan Way viaduct replacement project account, the brownfield redevelopment trust fund account, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Chehalis basin account, the cleanup settlement account, the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the common school construction fund, the community forest trust account, the connecting Washington account, the county arterial preservation account, the county criminal justice assistance account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community trust account, the diesel idle reduction account, the distracted driving prevention account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the Interstate 405 express toll lanes operations account, the education construction fund, the education legacy trust account, the election account, the electric vehicle charging infrastructure account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the federal forest revolving account, the ferry bond retirement fund, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the public health services account, the high capacity transportation account, the state higher education construction account, the higher education construction account, the highway bond retirement fund, the highway infrastructure account, the highway safety fund, the high occupancy toll lanes operations account, the hospital safety net assessment fund, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the mobile home park relocation fund, the money-purchase retirement savings administrative account, the money-purchase retirement savings principal account, the motor vehicle fund, the motorcycle safety education account, the multimodal transportation account, the multiuse roadway safety account, the municipal criminal justice assistance account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the pollution liability insurance agency underground storage tank revolving account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puget Sound taxpayer accountability account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state route number 520 civil penalties account, the state route number 520 corridor account, the state wildlife account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll facility bond retirement account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation future funding program account, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving administration account, the water pollution control revolving fund, the Western Washington University capital projects account, the Yakima integrated plan implementation account, the Yakima integrated plan implementation revenue recovery account, and the Yakima integrated plan implementation taxable bond account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, the state university permanent fund, and the state reclamation revolving account shall be allocated to their respective beneficiary accounts.

(b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section."

Correct the title.

 

 

      Representatives Hayes, Orcutt, Hargrove and Klippert spoke in favor of the adoption of the striking amendment.

 

      Representative Clibborn spoke against the adoption of the striking amendment.

 

Amendment (132) was not adopted.

 

Representative Farrell moved the adoption of amendment (208).

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 4.  A new section is added to chapter 46.61 RCW to read as follows:

(1) A person who uses a personal electronic device while driving a motor vehicle on a public roadway is guilty of a traffic infraction and must pay a fine as provided in RCW 46.63.110(3).

(2) Subsection (1) of this section does not apply to:

(a) A driver who is using a personal electronic device to contact emergency services;

(b) The use of a system by a transit system employee for time-sensitive relay communication between the transit system employee and the transit system's dispatch services;

(c) An individual employed as a commercial motor vehicle driver who uses a personal electronic device within the scope of such individual's employment if such use is permitted under 49 U.S.C. Sec. 31136 as it existed on the effective date of this section;

(d) A person operating an authorized emergency vehicle;

(e) A person operating a tow truck, to the extent that person is using the telephone call functionality of a wireless communications device; and

(f) Beginning January 1, 2021, a person operating an autonomous vehicle while it is being operated in a mode that does not require the person to be in active physical control of or continuously monitoring the vehicle.

(3) Subsection (1) of this section does not restrict the operation of:

(a) An amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission; or

(b) Two-way or citizens band radio services by a person driving a commercial motor vehicle.

(4) The state preempts the field of regulating the use of personal electronic devices in motor vehicles while driving, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by any political subdivision or municipality to regulate the use of a personal electronic device by the operator of a motor vehicle.

(5) A second or subsequent offense under this section within five years is subject to two times the penalty amount under RCW 46.63.110.

(6) The first and second offense under this section within five years must not become part of the driver's record under RCW 46.52.101 and 46.52.120, and a finding that a person has committed a first and second offense under this section within five years must not be made available to insurance companies.

(7) For purposes of this section:

(a) "Autonomous vehicle" means any vehicle equipped with technology that has the capability of operating or driving the vehicle without the active physical control or monitoring of a human operator, whether or not the technology is engaged, excluding vehicles equipped with one or more systems that enhance safety or provide driver assistance but are not capable of driving or operating the vehicle without the active physical control or monitoring of a human operator. An "autonomous vehicle" meets the definition of level 3, 4, or 5 of the society of automotive engineers' taxonomy and definitions for terms related to on-road motor vehicle automated driving systems.

(b) "Driving" means to operate a motor vehicle on a public roadway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. "Driving" does not include when the vehicle has pulled over to the side of, or off of, an active roadway and has stopped in a location where it can safely remain stationary.

(c) "Personal electronic device" means any portable electronic device that is capable of wireless communication or electronic data retrieval and is not manufactured primarily for hands-free use in a motor vehicle. "Personal electronic device" includes, but is not limited to, a cell phone, tablet, laptop, two-way messaging device, or electronic game.

(d) "Use" or "uses" means:

(i) Holding a personal electronic device in either hand or both hands;

(ii) Using your hand or finger to compose, send, read, view, access, browse, transmit, save, or retrieve email, text messages, instant messages, photographs, or other electronic data; however, this neither precludes the minimal use of a finger to activate, deactivate, or initiate a function of the device, nor precludes the use of a hand or finger to control the built-in features of a motor vehicle through the use of a touch screen control panel;

(iii) Watching video on a personal electronic device.

NEW SECTION.  Sec. 5.  A new section is added to chapter 46.61 RCW to read as follows:

(1)(a) It is a traffic infraction to drive dangerously distracted. Any driver who commits this infraction must be assessed the unscheduled infraction base penalty amount prescribed by rule by the supreme court in its schedule of monetary penalties for infractions, as directed under RCW 46.63.110(3).

(b) Enforcement of the infraction of driving dangerously distracted may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of a separate traffic infraction or an equivalent local ordinance.

(c) For the purposes of this section, "dangerously distracted" means a person who engages in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such motor vehicle on any highway.

(2) The additional monetary penalty imposed under this section must be deposited into the distracted driving prevention account created in subsection (3) of this section.

(3) The distracted driving prevention account is created in the state treasury. All receipts from the base penalty in subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only by the Washington traffic safety commission solely to support programs dedicated to reducing distracted driving and improving driver education on distracted driving.

Sec. 6.  RCW 43.84.092 and 2016 c 194 s 5, 2016 c 161 s 20, and 2016 c 112 s 4 are each reenacted and amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the Alaskan Way viaduct replacement project account, the brownfield redevelopment trust fund account, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Chehalis basin account, the cleanup settlement account, the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the common school construction fund, the community forest trust account, the connecting Washington account, the county arterial preservation account, the county criminal justice assistance account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community trust account, the diesel idle reduction account, the distracted driving prevention account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the Interstate 405 express toll lanes operations account, the education construction fund, the education legacy trust account, the election account, the electric vehicle charging infrastructure account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the federal forest revolving account, the ferry bond retirement fund, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the public health services account, the high capacity transportation account, the state higher education construction account, the higher education construction account, the highway bond retirement fund, the highway infrastructure account, the highway safety fund, the high occupancy toll lanes operations account, the hospital safety net assessment fund, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the mobile home park relocation fund, the money-purchase retirement savings administrative account, the money-purchase retirement savings principal account, the motor vehicle fund, the motorcycle safety education account, the multimodal transportation account, the multiuse roadway safety account, the municipal criminal justice assistance account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the pollution liability insurance agency underground storage tank revolving account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puget Sound taxpayer accountability account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state route number 520 civil penalties account, the state route number 520 corridor account, the state wildlife account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll facility bond retirement account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation future funding program account, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving administration account, the water pollution control revolving fund, the Western Washington University capital projects account, the Yakima integrated plan implementation account, the Yakima integrated plan implementation revenue recovery account, and the Yakima integrated plan implementation taxable bond account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, the state university permanent fund, and the state reclamation revolving account shall be allocated to their respective beneficiary accounts.

(b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

NEW SECTION.  Sec. 7.  The following acts or parts of acts are each repealed:

(1)RCW 46.61.667 (Using a wireless communications device or handheld mobile telephone while driving) and 2013 c 224 s 15, 2010 c 223 s 3, & 2007 c 417 s 2; and

(2)RCW 46.61.668 (Sending, reading, or writing a text message while driving) and 2013 c 224 s 16, 2010 c 223 s 4, & 2007 c 416 s 1.

NEW SECTION.  Sec. 8.  This act takes effect January 1, 2018."

Correct the title.

 

 

Representative Young moved the adoption of amendment (291).

 

On page 1, line 21 of the striking amendment, after "device;" strike "and"

    On page 1, line 22 of the striking amendment, after "(f)" insert "A person operating a motor vehicle other than a commercial motor vehicle during an emergency situation or extraordinary circumstances that have temporarily caused a significant traffic delay; and

   (g)"

 

Representatives Young and Clibborn spoke in favor of the adoption of the amendment to the striking amendment.

 

Amendment (291) was adopted.

 

Representatives Farrell and Hayes spoke in favor of the adoption of the striking amendment as amended.

 

Amendment (208) as amended by amendment (291) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Farrell, Lovick, Morris, Fey and Harris spoke in favor of the passage of the bill.

 

      Representatives Hayes, Orcutt, Irwin and Pike spoke against the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1371.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1371, and the bill passed the House by the following vote: Yeas, 52; Nays, 45; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Bergquist, Chapman, Clibborn, Cody, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Haler, Hansen, Harris, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Barkis, Blake, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Graves, Griffey, Hargrove, Harmsworth, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Koster, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCabe, McCaslin, McDonald, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, J. Walsh and Wilcox.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1371, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1913, by Representatives Dolan, Van Werven and Haler

 

Creating a leasehold excise tax exemption for certain leasehold interests in facilities owned or used by schools, colleges, or universities.

 

The bill was read the second time.

 

Representative Dolan moved the adoption of amendment (223).

 

0)

On page 5, at the beginning of line 5, strike "school, college, or university" and insert "community college or technical college"

On page 5, at the beginning of line 9, strike "school, college, or university" and insert "community college or technical college"

On page 5, at the beginning of line 11, strike "82.35.808" and insert "82.32.808"

 

      Representatives Dolan and Nealey spoke in favor of the adoption of the amendment.

 

Amendment (223) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Dolan and Nealey spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1913.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed House Bill No. 1913, and the bill passed the House by the following vote:Yeas, 86; Nays, 11; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, McBride, McCabe, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Van Werven, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Buys, Dent, Koster, Manweller, Maycumber, McCaslin, Pike, Schmick, Shea, Taylor and Vick.

      Excused: Representative Smith.

 

ENGROSSED HOUSE BILL NO. 1913, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1480, by Representatives Hayes, Riccelli, Irwin, Lovick, Holy and Santos 

 

Requiring additional criteria to be met for the department of licensing to suspend a driver's license.

 

The bill was read the second time.

 

Representative Klippert moved the adoption of amendment (288).

 

0)  On page 1, line 12, after "received" strike "two" and insert "one"

   On page 1, beginning on line 13, after "violations" strike "that have been incurred on two or more separate occasions and"

   On page 2, line 3, after "received" strike "two" and insert "one"

   On page 2, beginning on line 4, after "violations" strike "that have been incurred on two or more separate occasions and"

 

      Representatives Klippert and Lovick spoke in favor of the adoption of the amendment.

 

Amendment (288) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Hayes, Lovick, Orcutt and Riccelli spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1480.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed House Bill No. 1480, and the bill passed the House by the following vote:Yeas, 96; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representative Pike.

      Excused: Representative Smith.

 

ENGROSSED HOUSE BILL NO. 1480, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1481, by Representatives Hayes and Bergquist

 

Creating uniformity in driver training education provided by school districts and commercial driver training schools.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1481 was substituted for House Bill No. 1481 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1481 was read the second time.

 

Representative Hayes moved the adoption of amendment (282).

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that there is a need to establish consistency in the quality of driver training education in this state to reduce the number of young driver accidents that are prematurely killing our youth. The traffic safety commission reports that out of two hundred forty-five fatalities in the first half of 2016, thirty-one involved young drivers aged sixteen to twenty-five. The intent of this act is to require driver training education curriculum to be developed and maintained jointly by the office of the superintendent of public instruction and the department of licensing. The legislature also finds that there is a need to audit driver training education courses; therefore, the intent of this act is also to provide the department of licensing with resources and authority to audit all driver training education courses, in consultation with the superintendent of public instruction for driver training education courses offered by school districts.

Sec. 2.  RCW 28A.220.020 and 1990 c 33 s 218 are each amended to read as follows:

((The following words and phrases whenever used in chapter 28A.220 RCW shall have the following meaning:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Superintendent" or "state superintendent" ((shall)) means the superintendent of public instruction.

(2) "((Traffic safety)) Driver training education course" ((shall)) means ((an accredited)) a course of instruction in traffic safety education ((which shall consist of two phases, classroom instruction, and laboratory experience. "Laboratory experience" shall include on-street, driving range, or simulator experience or some combination thereof. Each phase shall meet basic course requirements which shall be established by the superintendent of public instruction and each part of said course shall be)) (a) offered as part of a traffic safety education program authorized by the superintendent of public instruction and certified by the department of licensing and (b) taught by a qualified teacher of ((traffic safety)) driver training education that consists of classroom and behind-the-wheel instruction using curriculum that meets joint superintendent of public instruction and department of licensing standards and the course requirements established by the superintendent of public instruction under RCW 28A.220.030. Behind-the-wheel instruction is characterized by driving experience. ((Any portions of the course may be taught after regular school hours or on Saturdays as well as on regular school days or as a summer school course, at the option of the local school districts.))

(3) "Qualified teacher of ((traffic safety)) driver training education" ((shall)) means an instructor ((certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under regulations promulgated by the superintendent: PROVIDED, That the laboratory experience phase of the traffic safety education course may be taught by instructors certificated under rules promulgated by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under the provisions of chapter 28A.410 RCW. Professional instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director of licensing)) who:

(a) Is certificated under chapter 28A.410 RCW and has obtained a traffic safety endorsement or a letter of approval to teach traffic safety education from the superintendent of public instruction or is certificated by the superintendent of public instruction to teach a driver training education course; or

(b) Is an instructor provided by a driver training school that has contracted with a school district's or districts' board of directors under RCW 28A.220.030(3) to teach driver education for the school district.

(4) (("Realistic level of effort")) "Appropriate course delivery standards" means the classroom and ((laboratory)) behind-the-wheel student learning experiences considered acceptable to the superintendent of public instruction under RCW 28A.220.030 that must be satisfactorily accomplished by the student in order to successfully complete the ((traffic safety)) driver training education course.

(5) "Director" means the director of the department of licensing.

(6) "Traffic safety education program" means the administration and provision of driver training education courses offered by secondary schools of a school district or vocational-technical schools that are conducted by such schools in a like manner to their other regular courses.

Sec. 3.  RCW 28A.220.030 and 2011 c 370 s 2 are each amended to read as follows:

(1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define ((a "realistic level of effort")) appropriate course delivery standards required to provide an effective ((traffic safety)) driver training education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective statewide program is implemented and sustained((,)); administer, supervise, and develop the traffic safety education program; and ((shall)) assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules ((and regulations)) governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter.

(2)(a) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education ((course)) program.

(b) Any school district that offers a driver training education course must certify to the department of licensing that it is operating a traffic safety education program, that the driver training education course follows the curriculum promulgated by the office of the superintendent of public instruction and the department of licensing, that it meets the course delivery standards promulgated by the office of the superintendent of public instruction, that a record retention policy is in place to meet the requirements of subsection (5) of this section, and that the school district has verified that all instructors are authorized by the office of the superintendent of public instruction to teach a driver training education course.

(c) Any portion of a driver training education course offered by a school district may be taught after regular school hours or on Saturdays as well as on regular school days or as a summer school course, at the option of the local school district. If a school district elects to offer a ((traffic safety)) driver training education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one ((class in traffic safety education shall)) driver training education course must be given at times other than regular school hours if there is sufficient demand ((therefor)) for it.

(3)(a) A qualified teacher of driver training education must be certificated under chapter 28A.410 RCW and obtain a traffic safety endorsement or a letter of approval to teach traffic safety education from the superintendent of public instruction to teach either the classroom instruction or the behind-the-wheel instruction portion of the driver training education course, or both, under rules adopted by the superintendent. The classroom or behind-the-wheel instruction portion of the driver training education course may also be taught by instructors certificated under rules adopted by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under chapter 28A.410 RCW.

(b) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for qualified teachers of driver training education.

(4) The board of directors of a school district, or combination of school districts, may contract with any ((drivers')) driver training school licensed under ((the provisions of)) chapter 46.82 RCW to teach the ((laboratory phase)) behind-the-wheel instruction portion of the ((traffic safety)) driver training education course. Instructors provided by any such contracting ((drivers')) driver training school must be properly qualified teachers of ((traffic safety)) driver training education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.

(((4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years.))

(5) Each school district offering a traffic safety education program must maintain: (a) Documentation of each instructor's name and address and that establishes the instructor as a qualified teacher of driver training education as defined in RCW 28A.220.020; and (b) student records that include the student's name, address, and telephone number, the date of enrollment and all dates of instruction, the student's driver's instruction permit or driver's license number, the type of training received, the total number of hours of instruction, and the name of the instructor or instructors. These records must be maintained for three years following the completion of the instruction and are subject to inspection upon request of the department of licensing or the office of the superintendent of public instruction. The superintendent may adopt rules regarding the retention of additional documents that are subject to inspection by the department of licensing or the office of the superintendent of public instruction.

(6) A driver training education course may not be offered by a school district to a student who is under the age of fifteen, and behind-the-wheel instruction may not be given by an instructor to a student in a motor vehicle unless the student possesses either a current and valid driver's instruction permit issued under RCW 46.20.055 or a current and valid driver's license.

(7) School districts that offer a ((traffic safety)) driver training education ((program)) course under this chapter may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle as authorized under RCW 46.20.120(7). The superintendent shall work with the department of licensing, in consultation with school districts that offer a traffic safety education program, to develop standards and requirements for administering each portion of the driver licensing examination that are comparable to the standards and requirements for driver training schools under RCW 46.82.450.

(((6))) (8) Before a school district may provide a portion of the driver licensing examination, the school district must, after consultation with the superintendent, enter into an agreement with the department of licensing that sets forth an accountability and audit process that takes into account the unique nature of school district facilities and school hours and, at a minimum, contains provisions that:

(a) Allow the department of licensing to conduct random examinations, inspections, and audits without prior notice;

(b) Allow the department of licensing to conduct on-site inspections at least annually;

(c) Allow the department of licensing to test, at least annually, a random sample of the drivers approved by the school district for licensure and to cancel any driver's license that may have been issued to any driver selected for testing who refuses to be tested; and

(d) Reserve to the department of licensing the right to take prompt and appropriate action against a school district that fails to comply with state or federal standards for a driver licensing examination or to comply with any terms of the agreement.

NEW SECTION.  Sec. 4.  A new section is added to chapter 28A.220 RCW to read as follows:

The office of the superintendent of public instruction and the department of licensing shall jointly develop and maintain a required curriculum for school districts operating a traffic safety education program. The jointly developed curriculum must be prepared by August 1, 2018. The curriculum and instructional materials must comply with the course content requirements of RCW 46.82.420(2) and 46.82.430. In developing the curriculum, the office of the superintendent of public instruction and the department of licensing shall consult with one or more of Central Washington University's traffic safety education instructors or program content developers.

NEW SECTION.  Sec. 5.  A new section is added to chapter 28A.220 RCW to read as follows:

(1) The department of licensing shall develop and administer the certification process required under RCW 28A.220.030 for a school district's traffic safety education program in consultation with the superintendent.

(2) The department of licensing shall conduct audits of traffic safety education programs to ensure that the instructors are qualified teachers of driver training education and teaching the required curriculum material, and that accurate records are maintained and accurate information is provided to the department of licensing regarding student performance. Each school district may be audited at least once every five years or more frequently. The audit process must take into account the unique nature of school district facilities, operations, and hours. As part of its audit process, the department of licensing may examine all relevant information, including driver training education course curriculum materials and student records, and visit any course in progress that is part of the traffic safety education program. The director shall consult with the superintendent in developing and carrying out these auditing practices.

(3) The department of licensing may suspend a school's or school district's traffic safety education program certification if: The school or school district does not follow the curriculum promulgated by the office of the superintendent of public instruction and the department of licensing, any program instructors are not qualified teachers of driver training education, accurate records have not been maintained under RCW 28A.220.030(5) or accurate information regarding student performance has not been provided to the department of licensing, or the school or school district refuses to cooperate with the department of licensing audit process authorized under this chapter. The director shall consult with the superintendent in developing and carrying out these program certification suspension practices.

Sec. 6.  RCW 46.20.055 and 2012 c 80 s 5 are each amended to read as follows:

(1) Driver's instruction permit. The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid an application fee of twenty-five dollars, and meets the following requirements:

(a) Is at least fifteen and one-half years of age; or

(b) Is at least fifteen years of age and:

(i) Has submitted a proper application; and

(ii) Is enrolled in a ((traffic safety)) driver training education ((program)) course offered((, approved, and accredited)) as part of a traffic safety education program authorized by the office of the superintendent of public instruction and certified under chapter 28A.220 RCW or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.

(2) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in((:

(a))) a ((traffic safety)) driver training education course as defined ((by RCW 28A.220.020(2); or

(b) A course of instruction offered by a licensed driver training school as defined by)) in RCW 46.82.280 or 28A.220.020.

The department may require proof of registration in such a course as it deems necessary.

(3) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:

(a) The person has immediate possession of the permit;

(b) The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property; and

(c) ((An approved)) A driver training education course instructor who meets the qualifications of chapter 46.82 or 28A.220 RCW, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.

(4) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue.

(a) The department may issue one additional one-year permit.

(b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.

(c) A person applying for an additional instruction permit must submit the application to the department in person and pay an application fee of twenty-five dollars for each issuance.

Sec. 7.  RCW 46.20.100 and 2010 1st sp.s. c 7 s 18 are each amended to read as follows:

(1) Application. The application of a person under the age of eighteen years for a driver's license or a motorcycle endorsement must be signed by a parent or guardian with custody of the minor. If the person under the age of eighteen has no father, mother, or guardian, then the application must be signed by the minor's employer.

(2) Traffic safety education requirement. For a person under the age of eighteen years to obtain a driver's license, he or she must meet the traffic safety education requirements of this subsection.

(a) To meet the traffic safety education requirement for a driver's license, the applicant must satisfactorily complete a ((traffic safety)) driver training education course as defined in RCW 28A.220.020 for a course offered by a school district, or as defined by the department of licensing for a course offered by a driver training school licensed under chapter 46.82 RCW. The course offered by a school district ((or an approved private school must meet the standards established)) must be part of a traffic safety education program authorized by the office of the ((state)) superintendent of public instruction and certified under chapter 28A.220 RCW. The course offered by a driver training school must meet the standards established by the department of licensing under chapter 46.82 RCW. The ((traffic safety)) driver training education course may be provided by:

(i) A ((recognized)) secondary school within a school district that establishes and maintains an approved and certified traffic safety education program under chapter 28A.220 RCW; or

(ii) A driver training school licensed under chapter 46.82 RCW that is annually approved by the department of licensing.

(b) To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.

(c) The department may waive the ((traffic safety)) driver training education course requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:

(i) He or she was unable to take or complete a ((traffic safety)) driver training education course;

(ii) A need exists for the applicant to operate a motor vehicle; and

(iii) He or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property.

The department may adopt rules to implement this subsection (2)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.

(d) The department may waive the ((traffic safety)) driver training education course requirement if the applicant was licensed to drive a motor vehicle or motorcycle outside this state and provides proof that he or she has had education equivalent to that required under this subsection.

Sec. 8.  RCW 46.82.280 and 2010 1st sp.s. c 7 s 19 are each amended to read as follows:

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

(1) "Behind-the-wheel instruction" means instruction in an approved driver training school instruction vehicle according to and inclusive of the ((minimum)) required curriculum. Behind-the-wheel instruction is characterized by driving experience.

(2) "Classroom" means a space dedicated to and used exclusively by a driver training instructor for the instruction of students. With prior department approval, a branch office classroom may be located within alternative facilities, such as a public or private library, school, community college, college or university, or a business training facility.

(3) "Classroom instruction" means that portion of a traffic safety education course that is characterized by classroom‑based student instruction using the required curriculum conducted by or under the direct supervision of a licensed instructor or licensed instructors.

(4) "Director" means the director of the department of licensing of the state of Washington.

(5) "Driver training education course" means a course of instruction in traffic safety education approved and licensed by the department of licensing that consists of classroom and behind-the-wheel instruction ((as documented by the minimum)) that follows the approved curriculum.

(6) "Driver training school" means a commercial driver training school engaged in the business of giving instruction, for a fee, in the operation of automobiles.

(7) "Enrollment" means the collecting of a fee or the signing of a contract for a driver training education course. "Enrollment" does not include the collecting of names and contact information for enrolling students once a driver training school is licensed to instruct.

(8) "Fraudulent practices" means any conduct or representation on the part of a driver training school owner or instructor including:

(a) Inducing anyone to believe, or to give the impression, that a license to operate a motor vehicle or any other license granted by the director may be obtained by any means other than those prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, or collecting money for such purposes;

(b) Operating a driver training school without a license, providing instruction without an instructor's license, verifying enrollment prior to being licensed, misleading or false statements on applications for a commercial driver training school license or instructor's license or on any required records or supporting documentation;

(c) Failing to fully document and maintain all required driver training school records of instruction, school operation, and instructor training;

(d) Issuing a driver training course certificate without requiring completion of the necessary behind-the-wheel and classroom instruction.

(9) "Instructor" means any person employed by or otherwise associated with a driver training school to instruct persons in the operation of an automobile.

(10) "Owner" means an individual, partnership, corporation, association, or other person or group that holds a substantial interest in a driver training school.

(11) "Person" means any individual, firm, corporation, partnership, or association.

(12) "Place of business" means a designated location at which the business of a driver training school is transacted or its records are kept.

(13) "Student" means any person enrolled in an approved driver training course.

(14) "Substantial interest holder" means a person who has actual or potential influence over the management or operation of any driver training school. Evidence of substantial interest includes, but is not limited to, one or more of the following:

(a) Directly or indirectly owning, operating, managing, or controlling a driver training school or any part of a driver training school;

(b) Directly or indirectly profiting from or assuming liability for debts of a driver training school;

(c) Is an officer or director of a driver training school;

(d) Owning ten percent or more of any class of stock in a privately or closely held corporate driver training school, or five percent or more of any class of stock in a publicly traded corporate driver training school;

(e) Furnishing ten percent or more of the capital, whether in cash, goods, or services, for the operation of a driver training school during any calendar year; or

(f) Directly or indirectly receiving a salary, commission, royalties, or other form of compensation from the activity in which a driver training school is or seeks to be engaged.

Sec. 9.  RCW 46.82.320 and 2009 c 101 s 4 are each amended to read as follows:

(1) No person affiliated with a driver training school shall give instruction in the operation of an automobile for a fee without a license issued by the director for that purpose. An application for an original or renewal instructor's license shall be filed with the director, containing such information as prescribed by this chapter and by the director, accompanied by an application fee set by rule of the department, which shall in no event be refunded. An application for a renewal instructor's license must be accompanied by proof of the applicant's continuing professional development that meets the standards adopted by the director. If the applicant satisfactorily meets the application requirements ((and the examination requirements)) as prescribed in RCW 46.82.330, the applicant shall be granted a license valid for a period of two years from the date of issuance. An applicant for a renewal instructor's license is not required to retake the examination specified in RCW 46.82.330 to renew his or her instructor's license if his or her original instructor's license is unexpired or has not been expired for longer than six months before submission of his or her renewal application.

(2) The director shall issue a license certificate to each qualified applicant.

(a) An employing driver training school must conspicuously display an instructor's license at its established place of business and display copies of the instructor's license at any branch office where the instructor provides instruction.

(b) Unless revoked, canceled, or denied by the director, the license shall remain the property of the licensee in the event of termination of employment or employment by another driver training school.

(c) If the director has not received a renewal application on or before the date a license expires, the license ((will be voided)) is void, requiring a new application as provided for in this chapter, including ((examination and)) payment of all fees, as well as an examination subject to the exception in subsection (1) of this section.

(d) If revoked, canceled, or denied by the director, the license must be surrendered to the department within ten days following the effective date of such action.

(3) Each licensee shall be provided with a wallet-size identification card by the director at the time the license is issued which shall be in the instructor's immediate possession at all times while engaged in instructing.

(4) The person to whom an instructor's license has been issued shall notify the director in writing within ten days of any change of employment or termination of employment, providing the name and address of the new driver training school by whom the instructor will be employed.

Sec. 10.  RCW 46.82.330 and 2010 1st sp.s. c 7 s 21 are each amended to read as follows:

(1) The application for an instructor's license shall document the applicant's fitness, knowledge, skills, and abilities to teach the classroom and behind-the-wheel ((phases)) instruction portions of a driver training education program in a commercial driver training school.

(2) An applicant shall be eligible to apply for an original instructor's certificate if the applicant possesses and meets the following qualifications and conditions:

(a) Has been licensed to drive for five or more years and possesses a current and valid Washington driver's license or is a resident of a jurisdiction immediately adjacent to Washington state and possesses a current and valid license issued by such jurisdiction, and does not have on his or her driving record any of the violations or penalties set forth in (a)(i), (ii), or (iii) of this subsection. The director shall have the right to examine the driving record of the applicant from the department of licensing and from other jurisdictions and from these records determine if the applicant has had:

(i) Not more than one moving traffic violation within the preceding twelve months or more than two moving traffic violations in the preceding twenty-four months;

(ii) No drug or alcohol-related traffic violation or incident within the preceding three years. If there are two or more drug or alcohol-related traffic violations in the applicant's driving history, the applicant is no longer eligible to be a driving instructor; and

(iii) No driver's license suspension, cancellation, revocation, or denial within the preceding two years, or no more than two of these occurrences in the preceding five years;

(b) Is a high school graduate or the equivalent and at least twenty-one years of age;

(c) Has completed an acceptable application on a form prescribed by the director;

(d) Has satisfactorily completed a course of instruction in the training of drivers acceptable to the director that is no less than sixty hours in length and includes instruction in classroom and behind-the-wheel teaching methods and supervised practice behind-the-wheel teaching of driving techniques; and

(e) Has paid an examination fee as set by rule of the department and has successfully completed an instructor's examination.

Sec. 11.  RCW 46.82.360 and 2009 c 101 s 7 are each amended to read as follows:

The license of any driver training school or instructor may be suspended, revoked, denied, or refused renewal, or such other disciplinary action authorized under RCW 18.235.110 may be imposed, for failure to comply with the business practices specified in this section.

(1) No place of business shall be established nor any business of a driver training school conducted or solicited within one thousand feet of an office or building owned or leased by the department of licensing in which examinations for drivers' licenses are conducted. The distance of one thousand feet shall be measured along the public streets by the nearest route from the place of business to such building.

(2) Any automobile used by a driver training school or an instructor for instruction purposes must be equipped with:

(a) Dual controls for foot brake and clutch, or foot brake only in a vehicle equipped with an automatic transmission;

(b) An instructor's rear view mirror; and

(c) A sign in legible, printed English letters displayed on the back or top, or both, of the vehicle that:

(i) Is not less than twenty inches in horizontal width or less than ten inches in vertical height;

(ii) Has the words "student driver," "instruction car," or "driving school" in letters at least two and one-half inches in height near the top;

(iii) Has the name and telephone number of the school in similarly legible letters not less than one inch in height placed somewhere below the aforementioned words;

(iv) Has lettering and background colors that make it clearly readable at one hundred feet in clear daylight;

(v) Is displayed at all times when instruction is being given.

(3) Instruction may not be given by an instructor to a student who is under the age of fifteen, and behind-the-wheel instruction may not be given by an instructor to a student in an automobile unless the student possesses a current and valid instruction permit issued pursuant to RCW 46.20.055 or a current and valid driver's license.

(4) No driver training school or instructor shall advertise or otherwise indicate that the issuance of a driver's license is guaranteed or assured as a result of the course of instruction offered.

(5) No driver training school or instructor shall utilize any types of advertising without using the full, legal name of the school and identifying itself as a driver training school. Instruction vehicles and equipment, classrooms, driving simulators, training materials and services advertised must be available in a manner as might be expected by the average person reading the advertisement.

(6) A driver training school shall have an established place of business owned, rented, or leased by the school and regularly occupied and used exclusively for the business of giving driver instruction. The established place of business of a driver training school shall be located in a district that is zoned for business or commercial purposes or zoned for conditional use permits for schools, trade schools, or colleges. However, the use of public or private schools does not alleviate the driver training school from securing and maintaining an established place of business or from using its own classroom on a regular basis as required under this chapter.

(a) The established place of business, branch office, or classroom or advertised address of any such driver training school shall not consist of or include a house trailer, residence, tent, temporary stand, temporary address, bus, telephone answering service if such service is the sole means of contacting the driver training school, a room or rooms in a hotel or rooming house or apartment house, or premises occupied by a single or multiple-unit dwelling house.

(b) A driver training school may lease classroom space within a public or private school that is recognized and regulated by the office of the superintendent of public instruction to conduct student instruction as approved by the director. However, such use of public or private classroom space does not alleviate the driver training school from securing and maintaining an established place of business nor from using its own classroom on a regular basis as required by this chapter.

(c) To classify as a branch office or classroom the facility must be within a thirty-five mile radius of the established place of business. The department may waive or extend the thirty-five mile restriction for driver training schools located in counties below the median population density.

(d) Nothing in this subsection may be construed as limiting the authority of local governments to grant conditional use permits or variances from zoning ordinances.

(7) No driver training school or instructor shall conduct any type of instruction or training on a course used by the department of licensing for testing applicants for a Washington driver's license.

(8) Each driver training school shall maintain its student, instructor, vehicle, insurance, and operating records at its established place of business.

(a) Student records must include the student's name, address, and telephone number, date of enrollment and all dates of instruction, the student's instruction permit or driver's license number, the type of training given, the total number of hours of instruction, and the name and signature of the instructor or instructors.

(b) Vehicle records shall include the original insurance policies and copies of the vehicle registration for all instruction vehicles.

(c) Student and instructor records shall be maintained for three years following the completion of the instruction. Vehicle records shall be maintained for five years following their issuance. All records shall be made available for inspection upon the request of the department.

(d) Upon a transfer or sale of school ownership the school records shall be transferred to and become the property and responsibility of the new owner.

(9) Each driver training school shall, at its established place of business, display, in a place where it can be seen by all clients, a copy of the required ((minimum)) curriculum furnished by the department ((and a copy of the school's own curriculum)). Copies of the required ((minimum)) curriculum are to be provided to driver training schools and instructors by the director.

(10) Driver training schools and instructors shall submit to periodic inspections of their business practices, facilities, records, and insurance by authorized representatives of the director of the department of licensing.

Sec. 12.  RCW 46.82.420 and 2010 1st sp.s. c 7 s 22 are each amended to read as follows:

(1) The department and the office of the superintendent of public instruction shall jointly develop and maintain a ((basic minimum)) required curriculum ((and)) as specified in section 4 of this act. The department shall furnish to each qualifying applicant for an instructor's license or a driver training school license a copy of such curriculum.

(2) In addition to information on the safe, lawful, and responsible operation of motor vehicles on the state's highways, the ((basic minimum)) required curriculum shall include information on:

(a) Intermediate driver's license issuance, passenger and driving restrictions and sanctions for violating the restrictions, and the effect of traffic violations and collisions on the driving privileges;

(b) The effects of alcohol and drug use on motor vehicle operators, including information on drug and alcohol related traffic injury and mortality rates in the state of Washington and the current penalties for driving under the influence of drugs or alcohol;

(c) Motorcycle awareness, approved by the director, to ensure new operators of motor vehicles have been instructed in the importance of safely sharing the road with motorcyclists;

(d) Bicycle safety, to ensure that operators of motor vehicles have been instructed in the importance of safely sharing the road with bicyclists; and

(e) Pedestrian safety, to ensure that operators of motor vehicles have been instructed in the importance of safely sharing the road with pedestrians.

(3) Should the director be presented with acceptable proof that any licensed instructor or driver training school is not showing proper diligence in teaching ((such basic minimum)) the required curriculum ((as required)), the instructor or school shall be required to appear before the director and show cause why the license of the instructor or school should not be revoked for such negligence. If the director does not accept such reasons as may be offered, the director may revoke the license of the instructor or school, or both.

NEW SECTION.  Sec. 13.  The department of licensing and the office of the superintendent of public instruction must work together on the transfer and coordination of responsibilities to comply with this act.

NEW SECTION.  Sec. 14.  The following acts or parts of acts are each repealed:

(1)RCW 28A.220.050 (Information on proper use of left-hand lane) and 1986 c 93 s 4;

(2)RCW 28A.220.060 (Information on effects of alcohol and drug use) and 1991 c 217 s 2;

(3)RCW 28A.220.080 (Information on motorcycle awareness) and 2007 c 97 s 4 & 2004 c 126 s 1; and

(4)RCW 28A.220.085 (Information on driving safely among bicyclists and pedestrians) and 2008 c 125 s 4.

NEW SECTION.  Sec. 15.  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. 16.  Except for section 13 of this act, this act takes effect August 1, 2018."

Correct the title.

 

 

      Representatives Hayes, Clibborn and Santos spoke in favor of the adoption of the striking amendment.

 

Amendment (282) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Hayes, Clibborn and Kilduff spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1481.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1481, and the bill passed the House by the following vote: Yeas, 96; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representative Taylor.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1481, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1183, by Representatives McBride, Chapman, Haler, Ryu, Robinson, McDonald, Stambaugh, Frame, Senn, Riccelli, Dolan and Hudgins

 

Authorizing specified local governments, including municipalities and federally recognized Indian tribes, that typically have limited access to economic development resources, to designate a portion of their territory as a creative district subject to certification by the Washington state arts commission. Revised for 1st Substitute: Authorizing specified local governments, including municipalities and federally recognized Indian tribes, that typically have limited access to economic development resources, to designate a portion of their territory as a creative district subject to certification by the Washington state arts commission. (REVISED FOR PASSED LEGISLATURE: Authorizing specified local governments to designate a portion of their territory as a creative district subject to certifica

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1183 was substituted for House Bill No. 1183 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1183 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives McBride, Haler, McCabe and Pike spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1183.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 1183, and the bill passed the House by the following vote: Yeas, 85; Nays, 12; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, Macri, Manweller, Maycumber, McBride, McCabe, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Sawyer, Schmick, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Van Werven, J. Walsh, Wilcox, Wylie and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Condotta, Griffey, MacEwen, McCaslin, Santos, Shea, Taylor, Vick, Volz and Young.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 1183, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2021, by Representatives Farrell and Macri

 

Authorizing the sale of marijuana plants and seeds to qualifying patients and designated providers.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2021 was substituted for House Bill No. 2021 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2021 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Farrell and Condotta spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2021.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 2021, and the bill passed the House by the following vote: Yeas, 88; Nays, 9; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, Dent, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Hansen, Harmsworth, Hayes, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives DeBolt, Dye, Haler, Hargrove, Harris, Holy, Klippert, McDonald and Pike.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 2021, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2037, by Representatives Frame, Haler, Ryu, Pollet, Stambaugh, Kagi, Kilduff, Tarleton, Fitzgibbon, Jinkins, Bergquist and McDonald

 

Reauthorizing the work group concerned with removing obstacles for higher education students with disabilities.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2037 was substituted for House Bill No. 2037 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2037 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Frame and Holy spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2037.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 2037, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 2037, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1467, by Representatives Stokesbary, Peterson, Griffey, Robinson, Muri, McBride, Rodne, Fitzgibbon and Tharinger

 

Removing disincentives to the voluntary formation of regional fire protection service authorities by establishing parity, equalizing certain provisions with existing laws governing fire protection districts, and clarifying the formation process.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1467 was substituted for House Bill No. 1467 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1467 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Wilcox, Stokesbary and Peterson spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1467.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 1467, and the bill passed the House by the following vote: Yeas, 85; Nays, 12; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chandler, Chapman, Clibborn, Cody, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McDonald, Morris, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Volz, J. Walsh, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Buys, Condotta, DeBolt, Hargrove, McCaslin, Orcutt, Schmick, Shea, Taylor, Van Werven, Vick and Wilcox.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 1467, having received the necessary constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

I intended to vote NAY on House Bill No. 1467.

Representative Fitzgibbon, 34 District

 

STATEMENT FOR THE JOURNAL

 

I intended to vote NAY on House Bill No. 1467.

Representative Cody, 34 District

 

SECOND READING

 

 

      HOUSE BILL NO. 2006, by Representatives Koster, Lytton, Springer, Volz, Senn, Tharinger, Fey, Stokesbary, Appleton, Nealey, Chapman and Ormsby

 

Providing cities and counties flexibility with existing resources.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2006 was substituted for House Bill No. 2006 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2006 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Koster and Ormsby spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2006.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 2006, and the bill passed the House by the following vote: Yeas, 87; Nays, 10; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Condotta, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McDonald, Morris, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Vick, Volz, J. Walsh, Wilcox, Wylie and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, DeBolt, Kraft, McCaslin, Orcutt, Shea, Taylor, Van Werven and Young.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 2006, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 2029, by Representatives Ortiz-Self, Ryu, Santos, Tarleton, Fey, Farrell, McBride, Wylie, Peterson, Kloba, Gregerson, Clibborn, Jinkins, Kagi, Bergquist, Ormsby, Hudgins, Stanford, Tharinger and Macri

 

Providing a referral resource for those seeking information and assistance for immigration and citizenship related matters.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2029 was substituted for House Bill No. 2029 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2029 was read the second time.

 

With the consent of the house, amendment 275  was withdrawn.

 

Representative Ortiz-Self moved the adoption of amendment (269).

 

0)  On page 1, beginning on line 6, strike all of section 1

   Renumber the remaining sections and correct any internal references accordingly.  Correct the title.

 

 

Representatives Ortiz-Self  and Rodney spoke in favor of the adoption of the amendment.

 

Amendment (269) was adopted.

 

Representative Shea moved the adoption of amendment (300).

 

On page 2, at the beginning of line 6, insert "(1)"

   On page 2, after line 15, insert the following:

    "(2) By December 1, 2017, and annually thereafter, the commission must submit a report to the governor and the appropriate committees of the legislature containing the following information regarding the sources of information and assistance to which callers and users were referred for information and assistance in the preceding year:

   (a) The name of every source to which a caller or user was referred for information and assistance;

   (b)  The total number of calls and inquiries; and

   (c)  The total number of referrals to all sources combined.

   (3)  Before including any source of information and assistance on the website, the commission must inquire regarding its preference as to whether it wishes to be included in information available on the website, and adhere to that preference in creating and updating the website."

 

 

 

Representatives Shea and Jinkins spoke in favor of the adoption of the amendment.

 

Amendment (300) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Ortiz-Self, Jinkins and Rodne spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2029.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2029, and the bill passed the House by the following vote: Yeas, 67; Nays, 30; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chapman, Clibborn, Cody, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Haler, Hansen, Harris, Hayes, Hudgins, Irwin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kloba, Koster, Kristiansen, Lovick, Lytton, Macri, McBride, McCabe, Morris, Muri, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Wilcox, Wylie and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Hargrove, Harmsworth, Holy, Jenkin, Klippert, Kraft, Kretz, MacEwen, Manweller, Maycumber, McCaslin, McDonald, Nealey, Orcutt, Schmick, Shea, Steele, Taylor, Van Werven, Vick, Volz, J. Walsh and Young.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2029, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1204, by Representatives Young, McCaslin, Shea, Taylor and J. Walsh

 

Requiring the display of the national league of families' POW/MIA flag on certain days.

 

      The bill was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Young and Hudgins spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1204.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1204, and the bill passed the House by the following vote:  Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1204, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1105, by Representatives Stanford, Orcutt, Clibborn, Stambaugh, Hayes, Stonier, Koster, Holy, Ryu, Ormsby, Fey, Wylie, Dolan, Sells, Muri, Haler, Goodman, Doglio, Hudgins, Gregerson, Barkis, Kilduff, Santos, Tarleton, Pollet, Farrell and Riccelli

 

Concerning passenger-carrying vehicles for railroad employees.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1105 was substituted for House Bill No. 1105 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1105 was read the second time.

 

Representative Orcutt moved the adoption of amendment (304).

0)

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 81.61.010 and 1977 ex.s. c 2 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise((, the term)):

(1) "Contract crew hauling vehicle," as used in this chapter, means every motor vehicle, regardless of its seating capacity, that is owned, leased, operated, or maintained by a person contracting with a railroad company or its agents, contractors, subcontractors, vendors, subvendors, secondary vendors, or subcarriers, and used primarily to provide railroad crew transportation.

(2) "Passenger-carrying vehicle," as used in this chapter, means those buses ((and)), vans, trucks, and cars owned, operated, and maintained by a railroad company which transports railroad employees in other than the cab of such vehicle and designed primarily for operation on roads which may or may not be equipped with retractable flanged wheels for operation on railroad tracks.

NEW SECTION.  Sec. 2.  A new section is added to chapter 81.61 RCW to read as follows:

(1) The commission must regulate persons providing contract railroad crew transportation and every contract crew hauling vehicle with respect to the safety of equipment, driver qualifications, permitting, insurance, and safety of operations.

(2) The commission must adopt rules, require reports, and establish mandatory reporting of compliance as necessary to carry out this chapter regarding contract crew hauling vehicles, considering federal and national motor vehicle motor carrier safety standards for contract crew hauling vehicles, regardless of seating capacity, as the minimum safety standards, including:

(a) Driver qualifications, including a driver's minimum age and skill, medical condition, and verification of department of licensing driving credentials as mandated under section 3 of this act;

(b) Equipment safety, including:

(i) Requirements for the specific safety equipment that must be carried in each contract crew hauling vehicle, which must include a fire extinguisher, first aid kit, seat belt cutter, window hammer, and other equipment the commission determines is necessary;

(ii) Requirements for a mandatory vehicle maintenance program; and

(iii) Requirements on the proper securement of railroad equipment being transported in the contract crew hauling vehicle;

(c) Safety of operations, including the regulation of driver hours of service that satisfies the following minimum requirements: The contract carrier may not allow or require a driver to drive for more than ten hours following eight consecutive hours off duty, allow or require a driver to drive or remain on duty for more than fifteen hours following eight consecutive hours off duty, or allow or require a driver to drive or remain on duty for more than a total of seventy hours in any period of eight consecutive days. For purposes of this subsection (2)(c), "on duty" means the term as defined in 49 C.F.R. Part 395 as it existed on the effective date of this section, or such subsequent date as may be provided by the commission by rule, consistent with the purposes of this section;

(d) Passenger safety;

(e) Insurance coverage for each contract crew hauling vehicle that satisfies the following minimum amounts, which may be increased by rule as adopted by the commission:

(i) Five million dollars combined single limit coverage for bodily injury and property damage liability coverage; and

(ii) Uninsured and underinsured motorist coverage of one million dollars; and

(f) The form and posting of adequate notices in a conspicuous location in all contract crew hauling vehicles to advise railroad employee passengers of their rights, the opportunity to submit safety complaints to the commission, the complaint process, and contact information for the commission.

(3) If a third party contracts with the person operating the vehicle on behalf of the railroad company or its agents, contractors, subcontractors, vendors, subvendors, secondary vendors, or subcarriers to transport railroad employees, the insurance requirements may be satisfied by either the third party or the person operating the vehicle, so long as the person operating the vehicle names the third party as an additional insured or named insured. The railroad company may also satisfy the insurance requirements. Proof of coverage must be provided to the commission by the person contracting with the railroad company.

(4) An employer of persons providing contract railroad crew transportation under this chapter must:

(a) Adopt drug testing requirements for drivers of any contract crew hauling vehicle consistent with drug testing programs conducted under 49 C.F.R. Part 382 as it existed on the effective date of this section, or such subsequent date as may be provided by the commission by rule, consistent with the purposes of this section; and

(b) Ensure that all drivers of contract crew hauling vehicles have successfully completed a safety course that has been approved by the department of licensing pursuant to section 3 of this act.

(5)(a) The commission may, in enforcing rules and orders relating to persons owning, leasing, operating, and maintaining contract crew hauling vehicles under this chapter, inspect any contract crew hauling vehicles. Upon request, the chief of the state patrol or the chief's designee may assist the commission in these inspections. The commission must conduct a minimum of one unannounced inspection of contract crew hauling vehicles in use by a person contracting with the railroad company every two years by inspecting at least a sampling of vehicles as part of each inspection conducted.

(b) The commission must investigate safety complaints related to contract crew hauling transportation under this section and take appropriate enforcement action as authorized.

(c) The commission may enforce this section under the authority in RCW 81.04.380 through 81.04.405, including assessing penalties as warranted.

(d) The commission may suspend or revoke a permit upon complaint by any interested party, or upon the commission's own motion after notice and opportunity for hearing, when it finds that any person owning, leasing, operating, or maintaining contract crew hauling vehicles has violated this chapter or the rules of the commission, or that the company or its agent has been found by a court or governmental agency to have violated the laws of a state or the United States.

NEW SECTION.  Sec. 3.  A new section is added to chapter 81.61 RCW to read as follows:

(1) In addition to maintaining a valid driver's license under chapter 46.20 RCW, a driver of a contract crew hauling vehicle must complete a sixteen-hour safety course that includes, but is not limited to, vehicle and passenger safety awareness, rail yard safety, grade crossing safety, load securement, and distracted and fatigued driving.

(2) The department of licensing or its designee must issue a course completion certificate upon successful completion of the safety course.

(3) Any person providing contract railroad crew transportation must verify that contract crew hauling vehicle drivers possess a valid safety course completion certificate and maintain a record of the certificate.

(4) The department of licensing may charge a reasonable fee not to exceed twenty-five dollars for the issuance of a safety course completion certificate.

(5) The department of licensing may adopt rules necessary to implement this section.

NEW SECTION.  Sec. 4.  A new section is added to chapter 81.61 RCW to read as follows:

(1) Any person owning, leasing, operating, or maintaining contract crew hauling vehicles must retain for at least three years all operational records relating to the contract crew hauling vehicles, including vehicle records involving accidents, maintenance and service records, drivers' records, records of passenger complaints, all employment actions, driver logs, and records of passengers transported.

(2) Any records maintained by the person contracting with the railroad company must include driver hours of service and documentation of department of licensing driving credentials as mandated under section 3 of this act. The commission may specify the form of documentation required and may inspect these records.

NEW SECTION.  Sec. 5.  A new section is added to chapter 81.61 RCW to read as follows:

A person is immediately and automatically disqualified to work as a driver of a contract crew hauling vehicle under this chapter if the person's license is suspended or revoked for a reason other than the nonpayment of fines. The disqualification must last for three years from the most recent license suspension or revocation.

NEW SECTION.  Sec. 6.  A new section is added to chapter 81.61 RCW to read as follows:

(1) The commission must compile data regarding any reported safety complaints, accidents, regulatory violations and fines, and corrective actions taken by the commission involving vehicles regulated under this chapter. A railroad company, and any person that owns or leases, operates, or maintains contract crew hauling vehicles in the state, must, at the request of the commission, provide data relevant to any complaints and accidents, including location, time of day, visibility, a description of the event, whether any property damage or personal injuries resulted, and any corrective action taken by the railroad company, person operating the contract crew hauling vehicle, or commission. The commission must make this data available upon request and on its web site.

(2) Information included in safety complaints that identifies the employee who submitted the complaint is exempt from public inspection and copying pursuant to RCW 42.56.330.

Sec. 7.  RCW 81.61.040 and 1977 ex.s. c 2 s 4 are each amended to read as follows:

(1) The commission may, in enforcing rules and orders under this chapter, inspect any passenger-carrying vehicle provided by a railroad company or its agents, contractors, subcontractors, or vendors to transport ((employees)) railroad crews in the course of their employment. Upon request, the chief of the state patrol may assist the commission in these inspections.

(2) By December 31, 2017, the commission must develop an inspection program for contract crew hauling vehicles. This program must require a periodic inspection of each vehicle, including a review of operational practices.

Sec. 8.  RCW 42.56.330 and 2015 c 224 s 4 are each amended to read as follows:

The following information relating to public utilities and transportation is exempt from disclosure under this chapter:

(1) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 or 81.77.210 that a court has determined are confidential under RCW 80.04.095 or 81.77.210;

(2) The addresses, telephone numbers, electronic contact information, and customer-specific utility usage and billing information in increments less than a billing cycle of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order;

(3) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. ((Participant's H:\DATA\2017 JOURNAL\Journal2017\LegDay058\Participants'.doc)) Participants' names, general locations, and point of contact may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides;

(4) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons;

(5) The personally identifying information of persons who acquire and use transit passes or other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose personally identifying information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media for the purpose of preventing fraud. As used in this subsection, "personally identifying information" includes acquisition or use information pertaining to a specific, individual transit pass or fare payment media.

(a) Information regarding the acquisition or use of transit passes or fare payment media may be disclosed in aggregate form if the data does not contain any personally identifying information.

(b) Personally identifying information may be released to law enforcement agencies if the request is accompanied by a court order;

(6) Any information obtained by governmental agencies that is collected by the use of a motor carrier intelligent transportation system or any comparable information equipment attached to a truck, tractor, or trailer; however, the information may be given to other governmental agencies or the owners of the truck, tractor, or trailer from which the information is obtained. As used in this subsection, "motor carrier" has the same definition as provided in RCW 81.80.010;

(7) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order; ((and))

(8) The personally identifying information of persons who acquire and use a driver's license or identicard that includes a radio frequency identification chip or similar technology to facilitate border crossing. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. Personally identifying information may be released to law enforcement agencies only for United States customs and border protection enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order; and

(9) Personally identifying information included in safety complaints submitted under chapter 81.61 RCW.

NEW SECTION.  Sec. 9.  Section 3 of this act takes effect January 1, 2018."

Correct the title.

      Representatives Orcutt and Clibborn spoke in favor of the adoption of the striking amendment.

 

Amendment (304) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Stanford and Orcutt spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1105.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1105, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1105, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1097, by Representatives Sawyer, Hansen, Fitzgibbon, Stanford, Jinkins, Frame, Gregerson, Santos, Tarleton and Pollet

 

Concerning tribal consultation regarding hunting rights and activities.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1097 was substituted for House Bill No. 1097 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1097 was read the second time.

 

Representative Sawyer moved the adoption of amendment (062).

 

On page 1, line 13, after "body of a" insert "federally recognized"

      Representative Sawyer spoke in favor of the adoption of the amendment.

 

Amendment (062) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Sawyer and McCabe spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1097.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1097, and the bill passed the House by the following vote: Yeas, 64; Nays, 33; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Chapman, Clibborn, Cody, DeBolt, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Hansen, Harris, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Kraft, Lovick, Lytton, Macri, McBride, McCabe, McDonald, Morris, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stambaugh, Stanford, Stokesbary, Stonier, Sullivan, Tarleton, Tharinger, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Blake, Buys, Caldier, Chandler, Condotta, Dent, Dye, Griffey, Haler, Hargrove, Harmsworth, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Koster, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCaslin, Orcutt, Schmick, Shea, Steele, Taylor, Van Werven, Vick, Volz and J. Walsh.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1097, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1538, by Representatives Stambaugh, Doglio, Vick, Hayes, Sells and Pike

 

Requiring prime contractors to bond the subcontractors portion of retainage upon request.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1538 was substituted for House Bill No. 1538 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1538 was read the second time.

With the consent of the house, amendment (273)  was withdrawn.

 

Representative Stambaugh moved the adoption of amendment (302).

0)

On page 3, line 25, after "it" insert ", the bond is not commercially available,"

      Representatives Stambaugh and Tharinger spoke in favor of the adoption of the amendment.

 

Amendment (302) was adopted.

 

Representative Steele moved the adoption of amendment (281).

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 39.10.230 and 2013 c 222 s 3 are each amended to read as follows:

The board has the following powers and duties:

(1) Develop and recommend to the legislature policies to further enhance the quality, efficiency, and accountability of capital construction projects through the use of traditional and alternative delivery methods in Washington, and make recommendations regarding expansion, continuation, elimination, or modification of the alternative public works contracting methods;

(2) Evaluate the use of existing contracting procedures and the potential future use of other alternative contracting procedures including competitive negotiation contracts;

(3) Submit recommendations to the appropriate committees of the legislature evaluating alternative contracting procedures that are not authorized under this chapter;

(4) Appoint members of committees; and

(5) Develop and administer questionnaires designed to provide quantitative and qualitative data on alternative public works contracting procedures on which evaluations are based.

The capital projects advisory review board is directed to review current statutes regarding life‑cycle cost analysis and energy efficiency as related to the design‑build procurement method performed under this chapter ((39.10 RCW)). Capital projects advisory review board shall report to the appropriate committees of the legislature by December 31, 2013, with recommendations for statutory changes that promote energy efficiency and reduce the total cost to construct, operate and maintain public buildings. Recommendation must include provisions for postoccupancy validation of estimated energy efficiency measures, and operating and maintenance cost estimates. Life‑cycle estimates of energy use must include estimates of energy consumptions for materials used in construction.

The capital projects advisory review board is directed to review current statutes relating to retainage statutes within chapter 60.28 RCW. The capital projects advisory review board shall report to the appropriate committees of the legislature by December 31, 2017, with recommendations. The recommendations should be based on identifying the detriments and benefits of retainage for all parties to a public construction contract. Further, the recommendations should identify alternatives that will minimize the detrimental impact of retainage."

Correct the title.

Representatives Steele and Tharinger spoke in favor of the adoption of the amendment.

 

Amendment (281) was not adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Stambaugh and Tharinger spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1538.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1538, and the bill passed the House by the following vote: Yeas, 82; Nays, 15; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Caldier, Chandler, Chapman, Clibborn, Cody, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Hayes, Hudgins, Irwin, Jenkin, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kristiansen, Lovick, Lytton, Macri, Manweller, McBride, McCaslin, McDonald, Morris, Muri, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Sullivan, Tarleton, Tharinger, Vick, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Buys, Condotta, Harris, Holy, Johnson, Kraft, Kretz, MacEwen, Maycumber, McCabe, Nealey, Stonier, Taylor, Van Werven and Volz.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1538, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 2023, by Representative Fitzgibbon

 

Addressing the effective date of certain actions taken under the growth management act.

 

The bill was read the second time.

 

With the consent of the house, amendments 159, 160, 161,215,216 and 217  were withdrawn.

 

There being no objection, Substitute House Bill No. 2023 was substituted for House Bill No. 2023 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2023 was read the second time.

 

Representative Taylor moved the adoption of amendment (297).

 

0)On page 1, at the beginning of line 7, insert "(1)"

On page 1, at the beginning of line 15, strike "(1)" and insert "(a)"

    On page 2, at the beginning of line 1, strike "(2)" and insert "(b)"

On page 2, after line 3, insert the following:

    "(2)  Any person or persons adversely affected by the commencement of a petition for review filed before the growth management hearings board may bring an action in superior court to recover any attorneys' fees, court costs, and actual damages relating to an affected project that were reasonably incurred as a result of the growth management hearings board's review of the petition, including any delay in commencing or continuing the affected project as a result of the review, from the person or persons who filed the petition for review.  A person or persons who commences an action under this section may also recover exemplary damages of up to fifty thousand dollars if a court determines that the primary motivation for the petition for review filed before the growth management hearings board can reasonably be identified as creating a delay in the underlying project, increasing the expenses for the underlying project, or improving the petitioner's position in future negotiations regarding mitigation or other protective measures.

(3)  In circumstances where actions are delayed due to this section, a prevailing county, city, or town may recover from the petitioner costs, attorneys' fees, and compensation for all county, city, or town employees' hours expended in defending the action. Any funds recovered pursuant to this subsection must be remitted to the planning department of the county, city, or town."

"

 

      Representative Taylor spoke in favor of the adoption of the amendment.

 

      Representative Fitzgibbon spoke against the adoption of the amendment.

 

Amendment (297) was not adopted.

 

Representative Taylor moved the adoption of amendment (298).

 

On page 1, at the beginning of line 7, insert "(1)"

    On page 1, beginning on line 13, after "RCW 36.70A.360, is" strike all material through "order." on page 2, line 3 and insert "the date of publication of notice of adoption of the comprehensive plan, development regulation, or amendment to the plan or regulation, modifying the boundaries of the urban growth areas as provided in RCW 36.70A.290(2).

    (2) In circumstances where a fully contained community or master planned resort is delayed due to a petition filed with the growth management hearings board in which the petitioner is not the prevailing party, a property owner impacted by the delay associated with the effective dates of certain actions specified in this section may file a civil lawsuit to recover from the petitioners the damages the property owner has incurred. This includes, but is not limited to, court costs, attorneys' fees, and compensation for financing fees, charges, or interest assessed to the impacted property while the action was pending."

 

 Representative Taylor spoke in favor of the adoption of the amendment.

 

Representative Fitzgibbon spoke against the adoption of the amendment.

 

Amendment (298) was not adopted.

 

Representative Buys moved the adoption of amendment (198).

 

On page 1, line 9, after "construction of" strike "a" insert "((a)) at least one"

Representatives Buys and Fitzgibbon spoke in favor of the adoption of the amendment.

 

Amendment (198) was adopted.

 

Representative Fitzgibbon moved the adoption of amendment (188).

 

On page 2, line 3, after "RCW 34.05.530" insert "or 36.70A.280(2) (a) or (c)"

 Representative Fitzgibbon spoke in favor of the adoption of the amendment.

 

Representative Taylor spoke against the adoption of the amendment.

 

Amendment (188) was adopted.

 

Representative Taylor moved the adoption of amendment (218).

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 36.70A RCW to read as follows:

The initial effective date of an action that amends the locally adopted critical areas ordinance, amends a locally adopted shoreline master program, adds the designation of agricultural, forest, or mineral lands designated under RCW 36.70A.170, reduces a limited area of more intensive rural development designated under RCW 36.70A.070(5), reduces density or increases minimum lot size requirements, or could result in uncompensated taking of private property or significant economic impacts as identified through the analysis conducted under section 2 of this act, is after the latest of the following dates:

(1) Sixty days after the date of publication of notice of adoption of the comprehensive plan, development regulation, or amendment to the plan or regulation; or

(2) If a petition for review to the growth management hearings board is timely filed, upon issuance of the board's final order.

NEW SECTION.  Sec. 2.  A new section is added to chapter 36.70A RCW to read as follows:

(1) PRIVATE PROPERTY TAKING IMPACT ANALYSIS. To the fullest extent possible, the policies, rules, and public laws interpreting the growth management act shall be interpreted and administered by local governments in accordance with the policies under this chapter. All state and local agencies shall complete a private property taking impact analysis before issuing or adopting any rule, policy, regulation, or related agency action which is likely to result in a taking of private property.

(a) A private property taking impact analysis is a written statement that includes:

(i) The specific purpose of the rule, ordinance, policy, regulation, proposal, recommendation, or related agency action;

(ii) An assessment of the likelihood that a taking of private property will occur under the rule, ordinance, policy, regulation, proposal, recommendation, or related agency action;

(iii) An evaluation of whether the rule, ordinance, policy, regulation, proposal, recommendation, or related agency action is likely to require compensation to private property owners;

(iv) Alternatives to the rule, policy, regulation, proposal, recommendation, or related agency action that would achieve the intended purposes of the agency action and lessen the likelihood that a taking of private property will occur;

(v) An estimate of the potential liability of the agency, if the agency is required to compensate a private property owner; and

(vi) Whether enforcement of the rule, ordinance, policy, regulation, proposal, recommendation, or related agency action could reasonably be construed to require an uncompensated taking of private property as defined by this chapter.

(b) Each agency shall provide an analysis as part of any proposed rule, ordinance, policy, regulation, proposal, recommendation, or related agency action and submit the analysis to the board of county commissioners, in affected jurisdictions, in conjunction with a proposed rule, policy, regulation, proposal, recommendation, or related action prior to adoption.

(2) ECONOMIC IMPACT ANALYSIS. All local governments shall complete an economic impact analysis before issuing or adopting any policy, rule, resolution, ordinance, or related department action pursuant to section 1 of this act which may economically impact the citizens of that jurisdiction.

(a) An economic impact analysis is a written statement that includes:

(i) The specific purpose of the rule, policy, regulation, legislative bill, proposal, recommendation, or related agency action;

(ii) An assessment of the economic impacts likely to occur as a result of the rule, policy, regulation, proposal, resolution, ordinance, recommendation, or related agency action. The economic assessment shall consider impacts to individual property owners and impacts to the affected jurisdictions economy; and

(iii) Alternatives to the rule, policy, resolution, ordinance, proposal, recommendation, or related agency action that would achieve the intended purpose and lessen the economic impacts that are likely to occur.

(b) Each agency shall provide an analysis as part of any proposed rule, policy, resolution, ordinance, proposal, recommendation, or related agency action and submit the analysis to the board of county commissioners, in affected jurisdictions, in conjunction with a proposed rule, policy, resolution, ordinance, proposal, recommendation, or related agency action prior to adoption.

(3) An agency shall make each private property taking impact analysis, economic impact analysis, or both, available to the public."

Correct the title.

 

 

Representative Taylor spoke in favor of the adoption of the striking amendment.

 

Representative Fitzgibbon spoke against the adoption of the striking amendment.

 

Amendment (218) was not adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representative Fitzgibbon spoke in favor of the passage of the bill.

 

      Representative Taylor spoke against the passage of the bill.

 

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2023.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2023, and the bill passed the House by the following vote: Yeas, 50; Nays, 47; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Wylie and Mr. Speaker.

      Voting nay: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Koster, Kraft, Kretz, Kristiansen, MacEwen, Manweller, Maycumber, McCabe, McCaslin, McDonald, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, J. Walsh, Wilcox and Young.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2023, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1504, by House Committee on Environment (originally sponsored by Representatives Pike, Blake, Wylie, Peterson, Harris, Vick, Manweller, Tarleton, Orcutt, Farrell, Haler, Dent, Fey, Sells, Kraft, Johnson, MacEwen, Chandler, Stambaugh, Van Werven, Dye, Doglio and Springer)         

 

Concerning rail dependent uses for purposes of the growth management act and related development regulations.

 

The bill was read the second time.

 

Representative Fitzgibbon moved the adoption of amendment (284).

 

0)    On page 4, beginning on line 39, after "element." strike "Rural development includes railroad tracks."

    On page 5, beginning on line 18, after "protection services," strike "access to railroad lines,"

 

      Representatives Fitzgibbon and Pike spoke in favor of the adoption of the amendment.

 

Amendment (284) was adopted.

 

Representative Pike moved the adoption of amendment (233).

 

0)  On page 6, line 27, after "minerals." strike all material through "uses." on line 30, and insert "Each of the following counties, and each of the cities in such counties, may adopt development regulations to assure that agriculture, forest, and mineral resource lands adjacent to short line railroads may be developed for freight rail dependent uses: Counties located to the east of the crest of the Cascade mountains that have a population of at least 240,000; and counties located to the west of the crest of the Cascade mountains that have both a population of at least 240,000 and a border that touches another state."

   On page 8, after line 26, insert the following:

   "(5) The department of commerce is directed to submit a written report to the legislature by November 15th of each even-numbered year, beginning in 2022 and ending in 2032, that describes any job gains, tax impacts, and impacts to resource lands resulting from freight rail dependent uses sited under this chapter."

   On page 16, line 15, after "(2)" strike all material through "railroad." on line 17, and insert: "The transportation element required by RCW 36.70A.070 may, for each of the following counties, and for each of the cities in such counties, include development of freight rail dependent uses on land adjacent to a short line railroad: Counties located to the east of the crest of the Cascade mountains that have a population of at least 240,000; and counties located to the west of the crest of the Cascade mountains that have both a population of at least 240,000 and a border that touches another state."

 

Representatives Pike and Fitzgibbon spoke in favor of the adoption of the amendment.

 

Amendment (233) was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Pike and Wylie spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1504.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1504, and the bill passed the House by the following vote:Yeas, 83; Nays, 14; Absent, 0; Excused, 1.

 

      Voting yea: Representatives Barkis, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dye, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Rodne, Santos, Sawyer, Schmick, Sells, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Sullivan, Tarleton, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Appleton, Bergquist, Dolan, Farrell, Fey, Kagi, Macri, Ormsby, Ortiz-Self, Robinson, Ryu, Senn, Stonier and Taylor.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1504, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1017, by Representatives McCaslin, Barkis, Blake, Holy, Pettigrew, Haler, Taylor, Shea, Harris, Chandler, Smith, Muri, Stokesbary, Nealey, Stambaugh, Griffey, Vick, Buys, Dye, Short, Pike, Wilcox, Van Werven, Hargrove, Young, Klippert, Kilduff and Sawyer

 

Addressing the siting of schools and school facilities.

 

The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1017 was substituted for House Bill No. 1017 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1017 was read the second time.

 

Representative Fitzgibbon moved the adoption of amendment (293).

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 36.70A RCW to read as follows:

(1) This chapter does not prohibit a county planning under RCW 36.70A.040 from authorizing the extension of public facilities and utilities to serve a school sited in a rural area so long as:

(a) The county and any affected cities agree with the extension;

(b) The applicable school district has made a finding, with the concurrence of the county legislative authority and the legislative authorities of any affected cities, that the district's proposed site is suitable to site the school and any associated recreational facilities that the districting has determined cannot reasonably be colocated on an existing school site, taking into consideration school service area needs, locally adopted educational program requirements, and the extent to which there is suitable land available within the growth area that is vacant or developable;

(c) If the public facility or utility is extended beyond the urban growth area to serve a school, the public facility or utility must serve only the school and the costs of such extension must be borne by the applicable school district based on a reasonable nexus to the impacts of the school, except as provided in subsection (3) of this section; and

(d) Any impacts associated with the siting of the school are mitigated as required by the state environmental policy act, chapter 43.21C RCW.

(2) This chapter does not prohibit either the expansion of an existing school in the rural area or the placement of portable classrooms at an existing school in the rural area.

(3) Where a public facility or utility has been extended beyond the urban growth area to serve a school, the public facility or utility may, where consistent with RCW 36.70A.110(4), serve a property or properties in addition to the school if a property owner so requests, provided that the county and any affected cities agree with the request and provided that the property is located no further from the public facility or utility than the distance that, if the property were within the urban growth area, the property would be required to connect to the public facility or utility. In such an instance, the school district may, for a period not to exceed twenty years, require reimbursement from a requesting property owner for a proportional share of the construction costs incurred by the school district for the extension of the public facility or utilities.

NEW SECTION.  Sec. 2.  A new section is added to chapter 36.70A RCW to read as follows:

(1) A county may authorize the siting in a rural area of a school that serves students from an urban area, even where otherwise prohibited by a multicounty planning policy, under the following circumstances:

(a) The county has a population greater than eight hundred forty thousand but less than one million five hundred thousand;

(b) The county must have adopted in its comprehensive plan a policy concerning the siting of schools in rural areas;

(c) Any impacts associated with the siting of such a school are mitigated as required by the state environmental policy act, chapter 43.21C RCW; and

(d) The county must be a participant in a multicounty planning policy as described in RCW 36.70A.210.

(2) A multicounty planning policy in which any county referenced in subsection (1) of this section is a participant must be amended, at its next regularly scheduled update, to include a policy that addresses the siting of schools in rural areas of all counties subject to the multicounty planning policy.

(3) A school sited under this section may not collect or impose the impact fees described in RCW 82.02.050.

(4) This section expires upon the adoption of the next regularly scheduled update of any multicounty planning policy referenced in subsection (2) of this section.

NEW SECTION.  Sec. 3.  A new section is added to chapter 36.70A RCW to read as follows:

In a county that chooses to site schools under section 2 of this act, each school district within the county must participate in the county's periodic updates required by RCW 36.70A.130(1)(b) by:

(1) Coordinating its enrollment forecasts and projections with the county's adopted population projections;

(2) Identifying school siting criteria with the county, cities, and regional transportation planning organizations;

(3) Identifying suitable school sites with the county and cities, with priority to siting urban-serving schools in existing cities and towns in locations where students can walk and bicycle to the school from their homes and that can effectively be served with transit; and

(4) Working with the county and cities to identify school costs and funding for the capital facilities plan element required by RCW 36.70A.070(3).

Sec. 4.  RCW 36.70A.030 and 2012 c 21 s 1 are each amended to read as follows:

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

(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

(3) "City" means any city or town, including a code city.

(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

(6) "Department" means the department of commerce.

(7) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

(8) "Forestland" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forestland is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forestland to other uses.

(9) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

(10) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

(11) "Minerals" include gravel, sand, and valuable metallic substances.

(12) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

(13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

(14) "Recreational land" means land so designated under RCW 36.70A.1701 and that, immediately prior to this designation, was designated as agricultural land of long-term commercial significance under RCW 36.70A.170. Recreational land must have playing fields and supporting facilities existing before July 1, 2004, for sports played on grass playing fields.

(15) "Rural character" refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan:

(a) In which open space, the natural landscape, and vegetation predominate over the built environment;

(b) That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;

(c) That provide visual landscapes that are traditionally found in rural areas and communities;

(d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat;

(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;

(f) That generally do not require the extension of urban governmental services; and

(g) That are consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge areas.

(16) "Rural development" refers to development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preservation of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas.

(17) "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, schools serving primarily rural students, transportation and public transit services, and other public utilities associated with rural development and normally not associated with urban areas. Rural services do not include storm or sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).

(18) "Urban governmental services" or "urban services" include those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, schools, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas.

(19) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural development, as provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

(20) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

(21) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands."

Correct the title.

Representative Doglio moved the adoption of amendment (295) to the striking amendment (293).

 

On page 3, line 10, after "can" insert "safely"

 

Representatives Doglio and Taylor spoke in favor of the adoption of the amendment to the striking amendment.

 

Amendment (295) to the striking amendment (293) was adopted.

 

      Representatives Fitzgibbon and Taylor spoke in favor of the adoption of the striking amendment as amended.

 

Amendment (293) as amended, was adopted.

 

The bill was ordered engrossed.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives McCaslin and Fitzgibbon spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1017.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1017, and the bill passed the House by the following vote: Yeas, 82; Nays, 15; Absent, 0; Excused, 1.

      Voting yea: Representatives Barkis, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Dolan, Dye, Fitzgibbon, Frame, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Johnson, Kagi, Kilduff, Kirby, Klippert, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Manweller, Maycumber, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ortiz-Self, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Rodne, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Appleton, Bergquist, Doglio, Farrell, Fey, Goodman, Jinkins, Kloba, Macri, McBride, Ormsby, Orwall, Robinson, Ryu and Stanford.

      Excused: Representative Smith.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1017, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1902, by Representatives Kirby, Vick and Doglio

 

Modifying tavern license provisions.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1902 was substituted for House Bill No. 1902 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1902 was read the second time.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Doglio and MacEwen spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1902.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Substitute House Bill No. 1902, and the bill passed the House by the following vote: Yeas, 95; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Voting nay: Representatives Harris and Stanford.

      Excused: Representative Smith.

 

SUBSTITUTE HOUSE BILL NO. 1902, having received the necessary constitutional majority, was declared passed.

 

HOUSE BILL NO. 1449, by Representatives Manweller and Dent

 

Concerning water recreation facilities.

 

      The bill was read the second time.

 

With the consent of the house, amendment (301)  was withdrawn.

 

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

      Representatives Manweller and Cody spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1449.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1449, and the bill passed the House by the following vote:  Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Appleton, Barkis, Bergquist, Blake, Buys, Caldier, Chandler, Chapman, Clibborn, Cody, Condotta, DeBolt, Dent, Doglio, Dolan, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Graves, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Irwin, Jenkin, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kloba, Koster, Kraft, Kretz, Kristiansen, Lovick, Lytton, MacEwen, Macri, Manweller, Maycumber, McBride, McCabe, McCaslin, McDonald, Morris, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pike, Pollet, Reeves, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Shea, Slatter, Springer, Stambaugh, Stanford, Steele, Stokesbary, Stonier, Sullivan, Tarleton, Taylor, Tharinger, Van Werven, Vick, Volz, J. Walsh, Wilcox, Wylie, Young and Mr. Speaker.

      Excused: Representative Smith.

 

HOUSE BILL NO. 1449, having received the necessary constitutional majority, was declared passed.

 

There being no objection, the House advanced to the eighth order of business.

 

MOTIONS

 

There being no objection, the Committee on Health Care & Wellness was relieved of SENATE BILL NO. 5581, and the bill was referred to the Committee on Business & Financial Services.

 

There being no objection, the Committee on Rules was relieved of  the following bills and the bills  were placed on the second reading calendar:

 

HOUSE BILL NO. 1042

HOUSE BILL NO. 1281

ENGROSSED HOUSE BILL NO. 1309

HOUSE BILL NO. 1716

HOUSE BILL NO. 1777

HOUSE BILL NO. 1861

HOUSE BILL NO. 1912

ENGROSSED HOUSE BILL NO. 2008

HOUSE CONCURRENT RESOLUTION NO. 4402

 

There being no objection, the House adjourned until 9:00 a.m., March 8, 2017, the 59th Day of the Regular Session.

 

FRANK CHOPP, Speaker

BERNARD DEAN, Chief Clerk

 

 

 

 

 

 

 

 

 

 



1001

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

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

1017

Second Reading............................................................. 55

1017-S

Second Reading............................................................. 55

Amendment Offered..................................................... 56

Third Reading Final Passage......................................... 59

1032

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

1042

Other Action.................................................................. 60

1097

Second Reading............................................................. 50

1097-S

Second Reading............................................................. 50

Amendment Offered..................................................... 50

Third Reading Final Passage......................................... 50

1105

Second Reading............................................................. 46

1105-S

Second Reading............................................................. 46

Amendment Offered..................................................... 46

Third Reading Final Passage......................................... 50

1166

Second Reading............................................................. 21

Third Reading Final Passage......................................... 21

1183

Second Reading............................................................. 42

1183-S

Second Reading............................................................. 42

Third Reading Final Passage......................................... 42

1204

Second Reading............................................................. 45

Third Reading Final Passage......................................... 45

1281

Other Action.................................................................. 60

1289

Second Reading............................................................. 15

1289-S

Second Reading............................................................. 15

Amendment Offered..................................................... 15

Third Reading Final Passage......................................... 17

1309

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

Other Action.................................................................. 60

1333

Second Reading............................................................. 21

1333-S

Second Reading............................................................. 22

Amendment Offered..................................................... 22

Third Reading Final Passage......................................... 22

1339

Second Reading............................................................. 14

1339-S

Second Reading............................................................. 14

Amendment Offered..................................................... 14

Third Reading Final Passage......................................... 14

1371

Second Reading............................................................. 23

1371-S

Second Reading............................................................. 23

Amendment Offered..................................................... 23

Third Reading Final Passage......................................... 30

1377

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

1377-S

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

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

1449

Second Reading............................................................. 60

Third Reading Final Passage......................................... 60

1465

Second Reading............................................................. 10

1465-S

Second Reading............................................................. 10

Amendment Offered..................................................... 10

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

1467

Second Reading............................................................. 43

1467-S

Second Reading............................................................. 43

Third Reading Final Passage......................................... 44

1480

Amendment Offered..................................................... 31

Third Reading Final Passage......................................... 31

1481

Second Reading............................................................. 31

1481-S

Second Reading............................................................. 31

Amendment Offered..................................................... 31

Third Reading Final Passage......................................... 42

1482

Second Reading............................................................. 17

1482-S2

Second Reading............................................................. 18

Amendment Offered..................................................... 18

Third Reading Final Passage......................................... 18

1504

Second Reading............................................................. 54

1504-S

Amendment Offered..................................................... 54

Third Reading Final Passage......................................... 55

1532

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

1532-S

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

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

1538

Second Reading............................................................. 50

1538-S

Second Reading............................................................. 50

Amendment Offered..................................................... 50

Third Reading Final Passage......................................... 51

1562

Second Reading............................................................. 19

1562-S2

Second Reading............................................................. 19

Amendment Offered..................................................... 19

Third Reading Final Passage......................................... 21

1714

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

1714-S

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

Amendment Offered....................................................... 4

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

1715

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

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

1716

Other Action.................................................................. 60

1721

Second Reading............................................................. 10

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

1763

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

1763-S

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

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

1765

Second Reading............................................................. 14

1765-S

Second Reading............................................................. 15

Third Reading Final Passage......................................... 15

1777

Other Action.................................................................. 60

1797

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

1831

Second Reading............................................................. 17

1831-S

Second Reading............................................................. 17

Amendment Offered..................................................... 17

Third Reading Final Passage......................................... 17

1833

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

Third Reading Final Passage......................................... 12

1855

Second Reading............................................................. 15

Third Reading Final Passage......................................... 15

1861

Other Action.................................................................. 60

1902

Second Reading............................................................. 59

1902-S

Second Reading............................................................. 59

Third Reading Final Passage......................................... 60

1907

Second Reading............................................................. 13

Third Reading Final Passage......................................... 13

1912

Other Action.................................................................. 60

1913

Second Reading............................................................. 30

Amendment Offered..................................................... 30

Third Reading Final Passage......................................... 31

1930

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

1930-S

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

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

1953

Second Reading............................................................. 18

Third Reading Final Passage......................................... 19

1980

Second Reading............................................................. 12

1980-S2

Second Reading............................................................. 12

Third Reading Final Passage......................................... 12

1991

Second Reading............................................................. 12

Third Reading Final Passage......................................... 12

2002

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

2003

Second Reading............................................................. 12

Amendment Offered..................................................... 13

Third Reading Final Passage......................................... 13

2006

Second Reading............................................................. 44

2006-S

Second Reading............................................................. 44

Third Reading Final Passage......................................... 44

2008

Other Action.................................................................. 60

2021

Second Reading............................................................. 42

2021-S

Second Reading............................................................. 42

Third Reading Final Passage......................................... 43

2023

Second Reading............................................................. 51

2023-S

Second Reading............................................................. 52

Amendment Offered..................................................... 52

Third Reading Final Passage......................................... 54

2029

Second Reading............................................................. 44

2029-S

Second Reading............................................................. 44

Amendment Offered..................................................... 44

Third Reading Final Passage......................................... 45

2037

Second Reading............................................................. 43

2037-S

Second Reading............................................................. 43

Third Reading Final Passage......................................... 43

2058

Second Reading............................................................. 22

2058-S

Second Reading............................................................. 23

Third Reading Final Passage......................................... 23

2139

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

2140

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

2141

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

4010

Second Reading............................................................. 13

Third Reading Final Passage......................................... 14

4402

Other Action.................................................................. 60

5021-S2

Messages......................................................................... 1

5031-S

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

5036

Introduction & 1st Reading............................................. 2

5097

Introduction & 1st Reading............................................. 2

5125

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

5179-S2

Messages......................................................................... 1

5189

Introduction & 1st Reading............................................. 2

5244

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

5289-S

Messages......................................................................... 1

5294-S

Messages......................................................................... 1

5325

Messages......................................................................... 1

5331

Messages......................................................................... 1

5333

Messages......................................................................... 1

5343-S

Introduction & 1st Reading............................................. 2

5346-S

Introduction & 1st Reading............................................. 2

5358-S

Messages......................................................................... 1

5399

Messages......................................................................... 1

5426-S

Messages......................................................................... 1

5431-S

Introduction & 1st Reading............................................. 2

5435-S

Messages......................................................................... 1

5443-S

Messages......................................................................... 1

5458-S

Messages......................................................................... 1

5537-S

Messages......................................................................... 1

5573-S

Messages......................................................................... 1

5581

Other Action.................................................................. 60

5589-S

Messages......................................................................... 1

5618-S

Introduction & 1st Reading............................................. 2

5621

Messages......................................................................... 1

5632

Messages......................................................................... 1

5634-S

Messages......................................................................... 1

5635

Messages......................................................................... 1

5652

Introduction & 1st Reading............................................. 2

5660

Messages......................................................................... 1

5661

Messages......................................................................... 1

5665

Messages......................................................................... 1

5674

Introduction & 1st Reading............................................. 2

5675-S

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

5713-S

Messages......................................................................... 1

5720

Introduction & 1st Reading............................................. 2

5729-S

Messages......................................................................... 1

5736

Introduction & 1st Reading............................................. 2

5749-S2

Messages......................................................................... 1

5761

Introduction & 1st Reading............................................. 2

5777-S

Introduction & 1st Reading............................................. 3

5778

Messages......................................................................... 1

5781-S

Messages......................................................................... 1

5810-S

Messages......................................................................... 1

5834

Introduction & 1st Reading............................................. 3

5844-S

Introduction & 1st Reading............................................. 3

HOUSE OF REPRESENTATIVES

Personal Privilege, Representative Irwin...................... 14

HOUSE OF REPRESENTATIVES (Representative Orwall presiding)

Statement for the Journal   Representative Cody.......... 44

Statement for the Journal   Representative Fitzgibbon. 44

SPEAKER OF THE HOUSE (Representative  Orwall presiding)

Speaker’s Privilege......................................................... 1