WASHINGTON STATE LEGISLATURE
Legislative Digest No. 23

SIXTY-SIXTH LEGISLATURE
Monday, February 18, 201936th Day - 2019 Regular Session

SENATE
SB 5666SB 5667SB 5668SB 5669SB 5670SB 5671SB 5672
SB 5673SB 5674SB 5675SB 5676SB 5677SB 5678SB 5679
SB 5680SB 5681SB 5682SB 5683SB 5684SB 5685SB 5686
SB 5687SJM 8010SCR 8403
HOUSE
HB 1428-SHB 1676HB 1677HB 1678HB 1679HB 1680HB 1681
HB 1682HB 1683HB 1684HB 1685HB 1686HB 1687HB 1688

This publication includes digest and history for bills, joint memorials, joint resolutions, concurrent resolutions, initiatives, and substitutes. Engrossed measures may be republished if the amendment makes a substantive change.

Electronic versions of Legislative Digests are available at http://apps.leg.wa.gov/billinfo/digests.aspx?year=2019.


House Bills

HB 1428-S

by House Committee on Environment & Energy (originally sponsored by Representatives Shewmake, Tarleton, Lekanoff, and Fitzgibbon; by request of Department of Commerce)


Concerning the disclosure of attributes of electricity products.


(AS OF HOUSE 2ND READING 2/14/19)


Recognizes that: (1) The generation, transmission, and delivery of electricity occurs through a complex network of interconnected facilities and contractual arrangements; and

(2) The required disclosures in this act reflect the characteristics of electricity products offered by retail suppliers to customers.

Allows a retail supplier to communicate to its customers, owners, taxpayers, or the general public information regarding its investment in or ownership of renewable or nonrenewable generating facilities, its production of electricity, and its wholesale market activities, if the information is provided separately from the electricity product content label.
-- 2019 REGULAR SESSION --
Jan 31ENVI - Majority; 1st substitute bill be substituted, do pass.
Feb 4Referred to Rules 2 Review.
Feb 5Placed on second reading by Rules Committee.
Feb 141st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 2.

HB 1676

by Representative MacEwen


Concerning business activities in the liquor licensing process.


Prohibits arts and crafts activities from being considered a gaming activity when conducted on the premises of a business with a liquor license or a business that has proposed to be licensed under alcoholic beverage control provisions in Title 66 RCW.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Commerce & Gaming.

HB 1677

by Representatives MacEwen, Vick, Hoff, Corry, and Young


Simplifying business and occupation tax administration.


Imposes an additional business and occupation tax (B&O), on persons engaging in business activities that are subject to tax under other sections of chapter 82.04 RCW (B&O taxes), that is equal to the tax payable under all other sections of chapter 82.04 RCW (B&O taxes) multiplied by seven percent.

Allows a B&O tax deduction of no more than sixteen thousand six hundred sixty-seven dollars multiplied by the number of months in the reporting period.

Authorizes the department of revenue to relieve a person of the requirement to file returns and pay taxes otherwise due under chapter 82.04 RCW (B&O taxes) and chapter 82.16 RCW (public utility taxes) if certain conditions are met.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Finance.

HB 1678

by Representatives Irwin, Jinkins, and Goodman


Allowing involuntary treatment act evaluations by video.


Revises the involuntary treatment act regarding the filing of a petition, by a designated crisis responder, for initial detention or emergency detention of a person with a mental disorder or substance use disorder.

Authorizes the designated crisis responder to perform an interview of the aforementioned person and conduct the interview by video if a licensed health care professional, who can adequately and accurately assist with obtaining any necessary information, is available at the time of the interview.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Civil Rights & Judiciary.

HB 1679

by Representatives Frame, Rude, Jenkin, and Doglio


Authorizing cities planning under the growth management act to impose certain real estate excise taxes by councilmanic action.


Revises the growth management act to permit cities, planning under the act, to impose certain real estate excise taxes by councilmanic action.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Finance.

HB 1680

by Representatives Doglio, Chapman, Peterson, DeBolt, Appleton, Volz, Gregerson, Stokesbary, Pollet, Rude, Riccelli, MacEwen, Macri, Jenkin, and Valdez


Concerning local government infrastructure funding.


Modifies public works projects provisions regarding local government infrastructure funding.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Capital Budget.

HB 1681

by Representatives Doglio, Entenman, Macri, Reeves, Robinson, Cody, Frame, Pollet, Ormsby, Appleton, Ryu, and Jinkins


Funding the working families tax exemption by imposing a surcharge on publicly traded companies providing excessive executive compensation.


Imposes a surcharge, in addition to business and occupation taxes and public utility taxes, as appropriate, on corporations with excessive chief executive officer pay to provide funding for the working families' tax exemption in RCW 82.08.0206 (section 5 of this act).

Creates the working families tax exemption account.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Finance.

HB 1682

by Representative Sells


Communicating claim closures by self-insured employers.


Authorizes a self-insured employer, in the event the department of labor and industries has made an order communicating the closure of his or her claim, to serve the department order using a secure, verifiable nonelectronic means of delivery that includes a notice explaining the contents of the order and protest or appeal rights.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Labor & Workplace Standards.
Feb 12LAWS - Majority; 1st substitute bill be substituted, do pass.
Feb 14Referred to Rules 2 Review.

HB 1683

by Representatives Orwall, Dent, Stokesbary, Irwin, Pellicciotti, Reeves, and Hudgins


Creating a state commercial aviation coordinating commission.


Creates the state commercial aviation coordinating commission.

Requires the department of transportation to provide staff support for coordinating and administering the commission and technical assistance as requested by commission members.

Requires the commission to: (1) Review existing data and conduct research as needed to determine the state's long-range commercial aviation facility needs and the site of a new commercial aviation facility;

(2) Make recommendations to the legislature on future aviation facility needs;

(3) Identify a preferred location for a new commercial aviation facility; and

(4) Project a timeline for the development of an additional commercial aviation facility that is completed and functional by the year 2040.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Transportation.

HB 1684

by Representatives Kirby, Chapman, Vick, and Orcutt


Concerning moneys received at auctions conducted by registered tow truck operators.


Requires the following in a public auction of abandoned vehicles that is conducted by registered tow truck operators: The money derived from the auction, up to the amount of the registered tow truck operator's lien, shall constitute a payment of the accumulated towing and storage charges and not consideration for the transfer of ownership, title, or possession of the vehicle.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Transportation.

HB 1685

by Representatives Peterson, Harris, Appleton, Bergquist, Gregerson, Fey, Leavitt, Ormsby, Valdez, and Hudgins


Concerning free or reduced-price meals for students.


Revises provisions on free or reduced-price meals for students of families who need assistance.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Education.

HB 1686

by Representatives Macri, Cody, Robinson, Riccelli, Slatter, Jinkins, and Pollet


Concerning hospital access to care policies.


Requires a hospital to submit to the department of health its policies related to access to care regarding admission, nondiscrimination, end of life care, and reproductive health care.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Health Care & Wellness.

HB 1687

by Representatives Stanford, Doglio, Macri, Hansen, Orwall, Appleton, Jinkins, Ormsby, Valdez, and Davis


Limiting defenses based on victim identity.


Addresses defenses and principle liabilities with regard to using force against another based on the discovery, knowledge, or potential disclosure of the victim's gender, gender identity, gender expression, or sexual orientation.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Public Safety.

HB 1688

by Representatives Morgan, Sutherland, Leavitt, Gildon, Kilduff, Ryu, and Doglio; by request of Department of Veterans Affairs


Concerning resident student status as applied to veterans.


Includes the following in the definition of "resident student" for the purpose of receiving in-state tuition at institutions of higher education: (1) A student who is entitled to federal vocational rehabilitation and employment services for veterans with service-connected disabilities under 38 U.S.C. Sec. 3102(a); and

(2) A student who is defined as a covered individual in 38 U.S.C. Sec. 3679(c)(2) as it existed on the effective date of this act, or subsequent date as the student achievement council may determine by rule.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to College & Workforce Development.
Feb 8CWD - Majority; do pass.
Feb 13Referred to Appropriations.


Senate Bills

SB 5666

by Senators Sheldon, Fortunato, Warnick, Becker, Short, Takko, Van De Wege, and Wilson, L.


Modifying the types of off-road vehicles subject to local government regulation.


Allows certain cities, towns, and counties to designate a street or highway within its boundaries as suitable for use by wheeled all-terrain vehicles.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Local Government.
Feb 14LGOV - Majority; do pass.
Feb 15On motion, referred to Transportation.

SB 5667

by Senators Becker and Takko


Concerning public records request administration.


States that the following cease to exist, effective June 30, 2020: The local government competitive grant program, the attorney general's consultation program, and the state archivist's training services.

Requires agencies, with actual staff and legal costs associated with fulfilling public records requests, to report the following to the joint legislative audit and review committee: (1) The number of requests where the agency provided the requested records within five days of receiving the request;

(2) The number of requests where the agency provided a time estimate for providing responsive records beyond five days after receiving the request; and

(3) The average number of days from receipt of request to the date the request is closed.

Requires the county auditor, in addition to other surcharges authorized by law, to charge a surcharge of one dollar per instrument for each document recorded.

Requires the revenue generated through this surcharge to be transmitted to the state treasurer monthly for deposit in the local government archives account to be used exclusively for the competitive grant program and for the attorney general's consultation program and state archivist's training services.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to State Government, Tribal Relations & Elections.

SB 5668

by Senators Takko, Warnick, and Fortunato


Concerning moneys received at auctions conducted by registered tow truck operators.


Requires the following in a public auction of abandoned vehicles that is conducted by registered tow truck operators: The money derived from the auction, up to the amount of the registered tow truck operator's lien, shall constitute a payment of the accumulated towing and storage charges and not consideration for the transfer of ownership, title, or possession of the vehicle.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Transportation.
Feb 5TRAN - Majority; without recommendation.
And refer to Ways & Means.
Feb 7Referred to Ways & Means.

SB 5669

by Senators Liias, Hasegawa, Kuderer, and Wilson, C.; by request of State Board for Community and Technical Colleges


Removing school districts' ability to withhold pupils' grades and transcripts.


Prohibits a school district from withholding a student's grades or transcripts.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Early Learning & K-12 Education.

SB 5670

by Senators Wagoner, Palumbo, Holy, Hobbs, and Honeyford


Expanding the allowable powers of fire protection districts.


Allows a fire protection district to: (1) Enter into an interlocal agreement with a local jurisdiction to maintain and repair a vehicle owned and used exclusively by the county, city, town, school district, or other political subdivision of the state; and

(2) Directly provide, enter into an interlocal agreement with a local government entity to provide, or contract with a local government entity to provide ordinary maintenance services and administrative services that the district performs in support of its powers and purpose.

Authorizes the maintenance and repair of school buses to be provided by a fire protection district.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Local Government.

SB 5671

by Senators Wagoner, Palumbo, Holy, Hobbs, and Honeyford


Concerning bid limits for purchases and public works by fire protection districts.


Increases the limits on formal sealed bidding for purchases and public works by fire protection districts.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Local Government.

SB 5672

by Senators Cleveland, O'Ban, Walsh, Wellman, Darneille, Dhingra, Hunt, Keiser, Frockt, Kuderer, Nguyen, and Saldaña


Concerning adult family home specialty services.


Requires the developmental disabilities administration within the department of social and health services to work with stakeholders to design and implement a proposed specialty contract for adult family homes that exclusively serve individuals who have a primary need of care related to a developmental or intellectual disability.

Requires the aging and long-term support administration within the department of social and health services to work with stakeholders to design and implement a proposed specialty contract for adult family homes that are dedicated solely to the care of individuals with dementia, including Alzheimer's disease.

Requires contracts to be completed by June 1, 2020, for consideration and implementation in the 2021-2023 biennium.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Health & Long Term Care.

SB 5673

by Senators Randall, Saldaña, Wilson, C., and Nguyen


Concerning parking enforcement.


Permits the department of transportation to charge a fee for vehicle parking, bicycle parking, or both, at department-owned park and ride lots.

Requires the fees charged by the department to be used by the department and/or the operator of the parking facility to recoup costs to administer a parking management program and maintain and operate the parking facilities.

Permits a city, county, regional transit authority, metropolitan municipal corporation, or other public entity that operates or maintains one or more department-owned park and ride lots by agreement with the department, one or more state-funded park and ride lots, or a combination of department-owned and state-funded park and ride lots, to charge a fee for vehicle parking, bicycle parking, or both.

Permits a municipality, regional transit authority, or other public entity to enter into an agreement or amend an existing agreement with the department to use funds from management and enforcement of parking facilities to recoup costs to administer a parking management and enforcement program and maintain and operate those facilities.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Transportation.

SB 5674

by Senators Rivers and Cleveland


Creating the dental laboratory registry within the department of health and establishing minimum standards for dental laboratories serving dentists in Washington state.


Requires a dental laboratory operating, doing business, or intending to operate or do business in this state to register with the department of health and pay the established fee.

Requires the department of health, upon granting a registration for a dental laboratory, to assign a dental registration number to the laboratory that must appear on all invoices or other correspondence of the laboratory.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Health & Long Term Care.

SB 5675

by Senators Takko, Van De Wege, Salomon, Warnick, McCoy, and Saldaña; by request of Department of Ecology


Concerning drought preparedness and response.


Authorizes the department of ecology to: (1) Issue a drought advisory when it appears that drought conditions may develop;

(2) Upon issuance of a drought emergency order, notify the public of the order;

(3) Issue grants to eligible public entities to reduce current or future hardship caused by drought conditions; and

(4) Develop and update a drought contingency plan in collaboration with other affected federal, state, and local governments.

Requires the department to initiate a pilot program to explore the cost, feasibility, and benefits of entering into long-term water right lease agreements.

Permits a person to petition the department to declare a drought emergency for the state or portions of the state.

Changes the name of the state drought preparedness account to the state drought preparedness and response account.

Permits expenditures from the account to be used for drought preparedness and response activities, including grants.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Agriculture, Water, Natural Resources & Parks.

SB 5676

by Senators Takko, Walsh, and Short


Authorizing cities planning under the growth management act to impose certain real estate excise taxes by councilmanic action.


Revises the growth management act to permit cities, planning under the act, to impose certain real estate excise taxes by councilmanic action.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Local Government.
Feb 7LGOV - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
Feb 8Passed to Rules Committee for second reading.

SB 5677

by Senator Keiser; by request of Liquor and Cannabis Board


Creating a promoter’s permit authorizing promoters to assist liquor licensees in the organization of public events where liquor is sold.


Requires a promoter or promotion company to obtain a promoter's permit issued by the state liquor and cannabis board, before assisting a liquor licensee with organization or conduct of a public event where alcohol is sold.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Labor & Commerce.
Feb 4LBRC - Majority; do pass.
Feb 5Passed to Rules Committee for second reading.

SB 5678

by Senators Keiser and King; by request of Liquor and Cannabis Board


Creating additional training requirements for licensed marijuana retailers and their employees.


Prohibits a marijuana retailer and its employees from performing work involving the sale or service of marijuana products to the public unless the individual holds a valid budtender permit.

Requires the state liquor and cannabis board to immediately suspend the budtender permit of a person who has been certified as being a responsible parent who is not in compliance with a child support order.

Requires a budtender permit holder, who has his or her permit suspended for failure to pay child support, to contact the department of social and health services to have the suspension released.

Requires the department to notify the state liquor and cannabis board when it determines the parent's noncompliance status has changed.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Labor & Commerce.

SB 5679

by Senators Hasegawa, Conway, and Darneille


Concerning the mitigation of public facilities in certain cities.


Requires certain cities, that permit, construct, or operate a public facility in a neighborhood with a high poverty level and a high rate of ethnic diversity, to: (1) Assume the responsibility for the negative impacts that facility has had or might have on the surrounding neighborhood;

(2) Consider the potential or actual disparate racial, social, and economic impacts of the public facility on residents nearby; and

(3) Develop a mitigation plan, which keeps the residents of the impacted neighborhood whole for the costs of the mitigation strategy.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Local Government.
Feb 14LGOV - Majority; do pass.
Feb 15Passed to Rules Committee for second reading.

SB 5680

by Senators Liias, Zeiger, and Takko


Concerning the creation of parks benefit districts.


Authorizes the legislative authority of a county, city, metropolitan park district, or park and recreation district to establish a parks benefit district for the purpose of acquiring, constructing, improving, providing, and funding park maintenance and improvement within the district.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Local Government.

SB 5681

by Senators Dhingra, Das, Pedersen, Hasegawa, Saldaña, McCoy, Liias, Keiser, Kuderer, Nguyen, and Wilson, C.; by request of Uniform Law Commission


Concerning domestic violence.


Modifies domestic violence provisions regarding: (1) Criminal no-contact orders;

(2) The development, by the Washington State University department of criminal justice, of an actuarial domestic violence risk assessment tool;

(3) The court ordering a convicted offender to undergo alcohol or chemical dependency treatment or domestic violence treatment services during incarceration;

(4) Transition and relapse prevention strategies for reducing risk to a community once an offender is released;

(5) The deferred prosecution program;

(6) Evaluation of domestic violence treatment by the state institute for public policy; and

(7) Creation of the uniform recognition and enforcement of Canadian domestic violence protection orders act.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Law & Justice.

SB 5682

by Senators King, Takko, Braun, Mullet, Walsh, and Wilson, L.


Allowing certain beer and wine license holders to sell small amounts of spirits.


Authorizes grocery store license holders who do not hold a spirits retail license, upon reasonable approval by the state liquor and cannabis board, to sell spirits that are in their original containers and are no more than three hundred seventy-five milliliters in volume.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Labor & Commerce.

SB 5683

by Senators Wellman, Hasegawa, Keiser, Wilson, C., Darneille, Hunt, Salomon, Das, Conway, Kuderer, Nguyen, and Saldaña; by request of Office of the Governor


Establishing the welcome to Washington baby act to create family supports through universal home visiting programs and a statewide family linkage program for resources and referrals.


Establishes the welcome to Washington baby act of 2019.

Requires the department of children, youth, and families to: (1) Implement a universal home visiting program for newborns and their families; and

(2) Develop a statewide family linkage program that provides resources and referrals to all families.

Authorizes the eligible activities of the universal home visiting program to be funded by the home visiting services account.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Early Learning & K-12 Education.
Feb 12EDU - Majority; 1st substitute bill be substituted, do pass.
And refer to Ways & Means.
Minority; do not pass.
Minority; without recommendation.
Feb 14Referred to Ways & Means.

SB 5684

by Senators Nguyen, Wilson, C., Randall, Cleveland, Wellman, Das, Billig, Darneille, Hunt, Keiser, and Kuderer


Revising economic assistance programs by updating standards of need, revising outcome measures and data collected, and reducing barriers to participation.


Revises provisions relating to the temporary assistance for needy families program, the pregnant women assistance program, and state family assistance.

Requires the department of social and health services to: (1) Submit to the office of financial management, the legislative-executive WorkFirst poverty reduction oversight task force, and the legislature, a revised comprehensive study of living costs, that must include recommendations for temporary assistance for needy families grant standards as a percentage of need;

(2) Every four years, adjust the estimated base costs to a consumer for household budget items used in the study, in addition to annual adjustments for inflation;

(3) Every ten years, submit a redesigned and updated comprehensive study to the office of financial management, the legislative-executive WorkFirst poverty reduction oversight task force, and the legislature; and

(4) When completing each ten-year redesign, adjust study parameters, including cost categories and geographic boundaries, as necessary.

Prohibits the department from requiring an applicant for temporary assistance for needy families to attend a WorkFirst orientation as a condition of eligibility.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Human Services, Reentry & Rehabilitation.
Feb 5HSRR - Majority; 1st substitute bill be substituted, do pass.
And refer to Ways & Means.
Minority; without recommendation.
Feb 7Referred to Ways & Means.

SB 5685

by Senators Bailey, Rolfes, Warnick, O'Ban, Darneille, Frockt, Keiser, Kuderer, and Wilson, L.


Requiring a primary contact in schools to recognize, screen, and respond to emotional or behavioral distress in students.


Requires school districts, beginning in the 2019-2020 school year, to identify one person in each school building as the student health and well-being primary contact.

Requires the contact to be appointed by the school building principal and he or she may be a mental health counselor or other professional trained in recognizing, screening, and responding to emotional or behavioral distress in students and identifying students who are at risk for substance abuse, violence, or youth suicide.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Early Learning & K-12 Education.

SB 5686

by Senators Bailey, Holy, and Warnick


Concerning health care coverage for retired or disabled school employees that served as a locally elected official.


Authorizes retired or disabled school employees who are receiving a retirement allowance under the teachers' retirement system and served as a locally elected official, and their dependents, to enroll in medical and dental plans under the state health care authority, if they apply no later than the end of the open enrollment period for the plan year beginning January 1, 2020.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Health & Long Term Care.

SB 5687

by Senators Bailey, Braun, Holy, Becker, Brown, Warnick, and Walsh


Allowing new government employees the option of opting out of retirement system membership if the employee is age sixty or older when first hired, or when the employee's employer opts into retirement plan participation.


Allows the following employees a one-time, irrevocable opportunity to opt out of participation in a retirement plan: Employees with no prior service in one of the retirement systems who are age sixty or older when newly hired into a public employees' retirement system, school employees' retirement system, or teachers' retirement system position.

Provides that this act is null and void if appropriations are not approved.
-- 2019 REGULAR SESSION --
Jan 28First reading, referred to Ways & Means.
Feb 12WM - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
Feb 14Passed to Rules Committee for second reading.


Senate Joint Memorials

SJM 8010

by Senators Frockt, Dhingra, Randall, Keiser, Wilson, C., Kuderer, and Nguyen


Asking Congress to include dental care in Medicare.


Asks congress to include dental care in medicare.
-- 2019 REGULAR SESSION --
Feb 11First reading, referred to Health & Long Term Care.


Senate Concurrent Resolutions

SCR 8403

by Senators Hunt and Wilson, C.


Renaming Marathon Park after Joan Benoit Samuelson.


Renames Marathon Park after Joan Benoit Samuelson.
-- 2019 REGULAR SESSION --
Feb 11First reading, referred to State Government, Tribal Relations & Elections.