SIXTY FOURTH LEGISLATURE - REGULAR SESSION

 

 

FIFTY NINTH DAY

 

 

House Chamber, Olympia, Wednesday, March 11, 2015

 


The House was called to order at 9:00 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 Amir Alemar and Sarah Bortel.  The Speaker (Representative Orwall presiding) led the Chamber in the Pledge of Allegiance.  The prayer was offered by Reverend Redhawk Rice-Sauer, Origin Church, Spokane, Washington.

 

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

 

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

 

MESSAGE FROM THE SENATE

 

March 10, 2015

 

MR. SPEAKER:

 

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5037

ENGROSSED SUBSTITUTE SENATE BILL NO. 5084

ENGROSSED SENATE BILL NO. 5091

SENATE BILL NO. 5144

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5179

ENGROSSED SUBSTITUTE SENATE BILL NO. 5321

SUBSTITUTE SENATE BILL NO. 5328

ENGROSSED SUBSTITUTE SENATE BILL NO. 5346

SENATE BILL NO. 5379

SECOND SUBSTITUTE SENATE BILL NO. 5404

SUBSTITUTE SENATE BILL NO. 5418

SUBSTITUTE SENATE BILL NO. 5451

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5452

SUBSTITUTE SENATE BILL NO. 5487

ENGROSSED SENATE BILL NO. 5510

ENGROSSED SENATE BILL NO. 5513

ENGROSSED SENATE BILL NO. 5577

ENGROSSED SENATE BILL NO. 5624

ENGROSSED SUBSTITUTE SENATE BILL NO. 5656

SUBSTITUTE SENATE BILL NO. 5694

ENGROSSED SUBSTITUTE SENATE BILL NO. 5743

SENATE BILL NO. 5768

ENGROSSED SENATE BILL NO. 5871

ENGROSSED SENATE BILL NO. 5935

SUBSTITUTE SENATE BILL NO. 5965

ENGROSSED SENATE JOINT RESOLUTION NO. 8204

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 2192  by Representatives Taylor, Scott, Young and Shea

 

AN ACT Relating to repealing the prescription monitoring program; amending RCW 42.56.360; reenacting and amending RCW 74.09.215; and repealing RCW 70.225.010, 70.225.020, 70.225.025, 70.225.030, 70.225.040, 70.225.050, and 70.225.060.

 

Referred to Committee on Health Care & Wellness.

 

SSB 5028        by Senate Committee on Health Care (originally sponsored by Senators Bailey, Dammeier, Cleveland, Keiser and Warnick)

 

AN ACT Relating to raising licensure limits to allow assisted living facilities to serve a higher acuity resident population; amending RCW 18.20.030, 18.20.090, 18.20.160, and 18.20.330; reenacting and amending RCW 18.20.020; and adding new sections to chapter 18.20 RCW.

 

Referred to Committee on Health Care & Wellness.

 

SSB 5066        by Senate Committee on Law & Justice (originally sponsored by Senators Padden and Darneille)

 

AN ACT Relating to the collection of blood samples for forensic testing; amending RCW 46.61.506 and 46.61.508; adding a new section to chapter 18.130 RCW; adding a new section to chapter 43.70 RCW; and adding a new section to chapter 46.04 RCW.

 

Referred to Committee on Public Safety.

 

SB 5070  by Senators Pearson, Warnick, Dammeier, Kohl-Welles and Brown

 

AN ACT Relating to the supervision of domestic violence offenders; and amending RCW 9.94A.501.

 

Referred to Committee on Public Safety.

 

SB 5100  by Senators Hobbs and King

 

AN ACT Relating to processing certain motor vehicle-related violations applicable to rental cars; and amending RCW 46.20.270 and 46.63.073.

 

Referred to Committee on Transportation.

 

SSB 5167        by Senate Committee on Commerce & Labor (originally sponsored by Senator O'Ban)

 

AN ACT Relating to the local option prohibition on the sale of liquor; and amending RCW 66.40.010 and 66.40.030.

 

Referred to Committee on Commerce & Gaming.

 

SB 5238  by Senators Angel, Liias, Honeyford, McCoy, Dammeier and Chase

 

AN ACT Relating to public water systems; and amending RCW 36.70A.035.

 

Referred to Committee on Local Government.

 

2SSB 5252      by Senate Committee on Ways & Means (originally sponsored by Senators Dammeier, McAuliffe, King, Litzow and Angel)

 

AN ACT Relating to a program to implement regional school safety and security centers in educational service districts; adding a new section to chapter 28A.310 RCW; and creating a new section.

 

Referred to Committee on Education.

 

SSB 5299        by Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators Benton, Mullet, Fain, Darneille, Hobbs, Angel and Conway)

 

AN ACT Relating to updating, clarifying, and strengthening department of financial institutions' enforcement, licensing, and examination statutes relating to residential mortgage lending, and enhancing the crime of mortgage fraud in the residential mortgage lending process; amending RCW 18.44.021, 19.144.010, 19.144.080, 19.144.090, 19.146.010, 19.146.020, 19.146.0201, 19.146.030, 19.146.040, 19.146.070, 19.146.205, 19.146.220, 19.146.221, 19.146.227, 19.146.228, 19.146.265, 19.146.300, 19.146.390, 31.04.015, 31.04.027, 31.04.045, 31.04.075, 31.04.093, 31.04.102, 31.04.105, 31.04.145, 31.04.205, 31.04.221, 31.04.224, 31.04.247, 31.04.277, 31.04.290, and 31.04.520; reenacting and amending RCW 31.04.025; adding new sections to chapter 31.04 RCW; repealing RCW 19.146.290 and 19.146.330; and prescribing penalties.

 

Referred to Committee on Business & Financial Services.

 

SB 5300  by Senators Benton, Mullet, Fain, Darneille, Hobbs and Angel

 

AN ACT Relating to updating the department of financial institutions' regulatory enforcement powers regarding credit unions and organizations providing services to credit unions; amending RCW 31.12.005, 31.12.195, 31.12.225, 31.12.285, 31.12.326, 31.12.345, 31.12.367, 31.12.372, 31.12.404, 31.12.413, 31.12.436, 31.12.461, 31.12.464, 31.12.471, 31.12.516, 31.12.545, 31.12.575, 31.12.585, 31.12.595, and 31.12.674; and adding a new section to chapter 31.12 RCW.

 

Referred to Committee on Business & Financial Services.

 

SSB 5380        by Senate Committee on Natural Resources & Parks (originally sponsored by Senator Pearson)

 

AN ACT Relating to migratory bird-related provisions; and amending RCW 77.12.670 and 77.12.690.

 

Referred to Committee on Agriculture & Natural Resources.

 

SB 5395  by Senators Roach, Liias, Benton and McCoy

 

AN ACT Relating to modifying exemptions relating to real estate appraisals; and amending RCW 42.56.260.

 

Referred to Committee on State Government.

 

SSB 5397        by Senate Committee on Transportation (originally sponsored by Senators Litzow, Hobbs and King)

 

AN ACT Relating to the department of licensing disclosing certain transportation-related information; amending RCW 46.12.630, 46.12.635, and 46.12.640; adding a new section to chapter 88.02 RCW; and prescribing penalties.

 

Referred to Committee on Transportation.

 

SSB 5436        by Senate Committee on Health Care (originally sponsored by Senators Bailey and Dammeier)

 

AN ACT Relating to continuing the work of the joint legislative executive committee on aging and disability; adding a new section to chapter 74.39A RCW; and providing an expiration date.

 

Referred to Committee on Health Care & Wellness.

 

SSB 5481        by Senate Committee on Transportation (originally sponsored by Senators Hill, Litzow, Mullet, Chase, Rivers, Becker, Bailey, Warnick, Rolfes and Hasegawa)

 

AN ACT Relating to omnibus tolling customer service reform; and amending RCW 46.63.160.

 

Referred to Committee on Transportation.

 

SSB 5488        by Senate Committee on Health Care (originally sponsored by Senators Keiser, Jayapal, Parlette and Cleveland)

 

AN ACT Relating to applied behavior analysis; reenacting and amending RCW 18.120.020 and 18.130.040; adding a new chapter to Title 18 RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Health Care & Wellness.

 

SSB 5534        by Senate Committee on Higher Education (originally sponsored by Senators Bailey, Kohl-Welles, Hill, Conway, Rivers, Rolfes, Hargrove and Chase)

 

AN ACT Relating to creating a certified public accounting scholarship program; amending RCW 18.04.065; and adding a new chapter to Title 28B RCW.

 

Referred to Committee on Higher Education.

 

SSB 5601        by Senate Committee on Agriculture, Water & Rural Economic Development (originally sponsored by Senators Warnick, Rivers, Schoesler and Honeyford)

 

AN ACT Relating to requiring the Washington state department of agriculture to approve the comparable recertification standards of private entities for the purposes of waiving the recertification requirements under the Washington pesticide control act; and amending RCW 15.58.233.

 

Referred to Committee on Agriculture & Natural Resources.

 

SSB 5715        by Senate Committee on Ways & Means (originally sponsored by Senators Fain, Pedersen, Braun and Angel)

 

AN ACT Relating to including the contents of fiscal impact statements in the ballot title for certain initiative measures; amending RCW 29A.72.050 and 29A.72.250; and providing an effective date.

 

Referred to Committee on State Government.

 

SSB 5733        by Senate Committee on Agriculture, Water & Rural Economic Development (originally sponsored by Senators Warnick, Hatfield and Hobbs)

 

AN ACT Relating to livestock transaction reporting; amending RCW 16.57.160; and adding a new section to chapter 16.57 RCW.

 

Referred to Committee on Agriculture & Natural Resources.

 

SSB 5740        by Senate Committee on Ways & Means (originally sponsored by Senators Fain, Billig, Litzow, McAuliffe, Frockt, Miloscia, Darneille and Jayapal)

 

AN ACT Relating to extended foster care services; amending RCW 13.34.267 and 74.13.031; reenacting and amending RCW 74.13.020; and adding a new section to chapter 74.13 RCW.

 

Referred to Committee on Early Learning & Human Services.

 

SB 5793  by Senators Darneille, Conway and O'Ban

 

AN ACT Relating to providing credit towards child support obligations for veterans benefits; and amending RCW 26.18.190.

 

Referred to Committee on Judiciary.

 

SB 5841  by Senators King, Kohl-Welles, Rivers, Liias and Hobbs

 

AN ACT Relating to a tuition and fees exemption for children and surviving spouses of certain highway workers; and amending RCW 28B.15.380.

 

Referred to Committee on Higher Education.

 

SSB 5957        by Senate Committee on Transportation (originally sponsored by Senators Liias, Rivers, Billig, King, Hobbs, Frockt and Hasegawa)

 

AN ACT Relating to the pedestrian safety advisory council; adding a new section to chapter 43.59 RCW; and providing an expiration date.

 

Referred to Committee on Transportation.

 

SSB 5972        by Senate Committee on Agriculture, Water & Rural Economic Development (originally sponsored by Senators Schoesler, Hatfield and Warnick)

 

AN ACT Relating to procurement of seeds by state agencies; and adding a new section to chapter 39.26 RCW.

 

Referred to Committee on Agriculture & Natural Resources.

 

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.

 

SPEAKER’S PRIVILEGE

 

The Speaker (Representative Moeller presiding) recognized Natasha Savage, Valentina Kiselev, and Alexander Cherkasov from Russian World, a Russian-American News and Cultural organization in Seattle, as well as representatives from the Consul General of the Russian Federation in Seattle and the University of Washington Russian Speaking Youth Association who were previously honored in House Resolution No. 4609.

 

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

 

SECOND READING

 

      HOUSE BILL NO. 1124, by Representatives Takko, Morris, Springer and Fey

 

      Permitting the sampling of beer and wine at locations licensed to serve beer and wine for on-premises consumption.

 

      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 Takko, Condotta and Goodman spoke in favor of the passage of the bill.

 

      Representative Harris spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1124.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1124, and the bill passed the House by the following vote: Yeas, 93; Nays, 5; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Springer, Stambaugh, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

      Voting nay: Representatives Harris, Ormsby, Smith, Stanford and Van De Wege.

 

HOUSE BILL NO. 1124, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1469, by Representatives Hudgins, Magendanz, Stanford, Ormsby and Tarleton

 

      Addressing removal of payment credentials and other sensitive data from state data networks.

 

      The bill was read the second time.

 

There being no objection, Second Substitute House Bill No. 1469 was substituted for House Bill No. 1469 and the second substitute bill was placed on the second reading calendar.

 

SECOND SUBSTITUTE HOUSE BILL NO. 1469 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 Hudgins and Magendanz spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1469.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Second Substitute House Bill No. 1469, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

 

SECOND SUBSTITUTE HOUSE BILL NO. 1469, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1472, by Representatives Fitzgibbon, Peterson, Goodman, McBride, Springer, Fey, Farrell, Hudgins, Kagi, Walkinshaw, Gregerson, S. Hunt, Jinkins, Tharinger and Pollet

 

      Concerning use of chemical action plans to require safer chemicals in Washington. Revised for 2nd Substitute: Concerning using chemical action plans to require safer chemicals in Washington.

 

      The bill was read the second time.

 

There being no objection, Second Substitute House Bill No. 1472 was substituted for House Bill No. 1472 and the second substitute bill was placed on the second reading calendar.

 

SECOND SUBSTITUTE HOUSE BILL NO. 1472 was read the second time.

 

Representative Fitzgibbon moved the adoption of amendment (239):

 

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

"NEW SECTION.  Sec. 1.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Alternatives assessment" means a process for identifying and comparing chemical and nonchemical alternatives currently in existence that can be practicably and economically used to replace the use of a chemical. The objective of an alternatives assessment is to assess less toxic chemicals or nonchemical alternatives to replace the use of a chemical in a product and to avoid the unintended consequence of switching to a substitute that presents an equivalent or greater concern. An alternatives assessment must follow the guidelines issued by the interstate chemicals clearinghouse, the national academy of sciences, or equivalent methodology. At a minimum, an alternatives assessment includes: An evaluation of chemical hazard, exposure, performance, cost, and availability; information for each alternative considered; and the identification of alternatives.

(2) "Biomonitoring" means assessment of human exposures to chemicals by measuring the chemicals or their metabolites in human tissues or specimens, such as blood, breast milk, and urine.

(3) "Chemical" means a substance, including metals, with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation, or metabolism.

(4) "Chemical action plan" means a plan that identifies, characterizes, and evaluates uses and releases of a specific chemical or group of chemicals and identifies actions needed to protect human health and the environment.

(5) "Department" means the department of ecology.

(6) "Director" means the director of the department of ecology or the director's designee.

(7) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic distributor of a product sold or offered for sale in or into the state. "Manufacturer" does not include small businesses as defined in RCW 19.85.020.

(8) "Product" means any item sold for residential or commercial use including any component or product packaging. "Product" does not include the following items, but does include their packaging:

(a) Food or beverage;

(b) Tobacco products;

(c) Drug or biological products regulated by the United States food and drug administration;

(d) Products produced under military specifications;

(e) Finished products regulated by the federal aviation administration;

(f) Chemical products used to produce an agricultural commodity, as defined in RCW 17.21.020; and

(g) Any previously owned product sold in casual or isolated sales as defined in RCW 82.04.040 or products sold by nonprofit organizations.

(9) "Product component" means a uniquely identifiable material or coating that is included as a part of a finished product.

(10) "Safer alternative" means an alternative that is less hazardous to humans or the environment than the existing chemical or chemical process. A safer alternative to a particular chemical may include a chemical substitute or a change in materials or design that eliminates the need for a chemical alternative.

(11) "Summary report" means a report prepared by the department summarizing available alternatives assessments and includes a determination regarding the existence of a safer alternative. The summary report also includes a determination of the completeness of the alternatives assessments reviewed and identifies unsuitable alternatives.

(12) "Unsuitable alternative" means an alternative identified through the alternatives assessment process that does not meet the hazard, exposure, cost, performance, and availability criteria of a safer alternative.

NEW SECTION.  Sec. 2.  (1) Beginning January 1, 2016, and every two years thereafter, the department, in consultation with the department of health, must select up to four chemicals for the development of chemical action plans as specified in section 4 of this act from the following:

(a) Chemicals identified by the United States environmental protection agency in section 304(a)(1) of the clean water act, water quality criteria for human health, that impact Washington state clean water bodies as identified under section 303(d) of the clean water act; or

(b) Chemicals that meet the criteria of a high priority chemical as defined in RCW 70.240.010 as applied to humans, plants, or wildlife, and either:

(i) Meet the criteria for a high priority chemical of high concern for children as described in RCW 70.240.030(1) (a) through (c); or

(ii) Have been shown through environmental monitoring studies to be present in fish, wildlife, air, water, soil, or sediment.

(2) The department may conduct environmental monitoring or, subject to the availability of amounts appropriated for this specific purpose, may request the department of health to conduct biomonitoring of a chemical to verify the chemical is present in the state's environment or population or to better understand environmental or human exposures in the state. Environmental monitoring and biomonitoring conducted pursuant to this chapter must be of a minimum scope necessary to adequately inform a chemical action plan.

(3)(a) At least two of the first four chemicals selected for a chemical action plan must be chosen from the chemicals identified in subsection (1)(a) of this section.

(b) When selecting chemicals for the development of chemical action plans, the director shall notify the public of the selection, the basis for the selection, and a draft schedule. The notice must be published in the Washington State Register. The department shall provide the public with an opportunity for review and comment before finalizing the schedule.

(c) When selecting chemicals for the development of chemical action plans, the department must consider:

(i) Opportunities for reducing or phasing out uses, production, or releases of a chemical;

(ii) Scientific evidence on the combined effects of exposure to the chemical and other substances commonly present in the Washington environment;

(iii) Scientific evidence on the susceptibility of sensitive population groups and environmental media from exposure to the chemical, as well as cumulative effects of multiple exposures; and

(iv) Existing plans or regulatory requirements to reduce or phase out the use and releases of the chemical.

(d) The department must identify the sources of information it relied upon in selecting chemicals for the development of chemical action plans under this section, including peer-reviewed science.

NEW SECTION.  Sec. 3.  (1) The department may require information from manufacturers of products that contain a chemical selected for a chemical action plan under section 2 of this act. Prior to requesting information from a manufacturer under this subsection, the department must consult with a chemical action plan external advisory committee, if one has been formed yet, to evaluate the particular chemical that is the subject of the information request. The department may only make reasonable requests of manufacturers that are limited in their scope and frequency and that are focused on:

(a) The most common and prevalent uses of the chemicals or products containing the chemicals, based on the department's existing knowledge about the chemical;

(b) Areas where there is an identified gap in public or department knowledge about a chemical; and

(c) Chemical uses or products that the department has reason to believe are likely to be responsible for or associated with a significant portion of releases into the environment or public health exposures.

(2) Within six months of a request by the department, manufacturers shall report the following:

(a) The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer;

(b) The name of the chemical used or produced and its chemical abstracts service registry number;

(c) A brief description of the product or product component containing the substance;

(d) A description of the function of the chemical in the product;

(e) The amount of the chemical used in each unit of the product or product component, which may be reported in ranges, rather than the exact amount;

(f) An estimate of average daily, weekly, or monthly commercial consumption of the chemical by businesses or the public; and

(g) Any other information the manufacturer deems relevant to the appropriate use of the product.

(3) In response to an information request from the department under this section, a manufacturer may extrapolate amounts and estimates from national data. The resulting submission must include the information in subsection (2)(a) of this section for each manufacturer. However, the information required by subsection (2)(b) through (g) of this section is not required to be provided in a manner that identifies individual manufacturers.

(4) The department shall specify the required format for submission of the information required under subsection (2) of this section. The format should be generally consistent with the format specified in other states with substantially similar reporting requirements.

(5) Multiple businesses, or a business association, may collaborate and submit a single submission on a chemical found in similar products.

(6) Where information submitted by a manufacturer under chapter 70.240 RCW is the same as the information required to be submitted by the manufacturer in subsection (2) of this section, that manufacturer is not required to submit the same information again.

(7) The department may, by order, require a manufacturer subject to the reporting requirement in subsection (2) of this section to provide additional information that is relevant to the development of a chemical action plan under section 4 of this act. An order by the department must also meet the reasonableness criteria of subsection (1) of this section.

NEW SECTION.  Sec. 4.  (1) When developing a chemical action plan, the department shall convene an external advisory committee to provide stakeholder input, expertise, and additional information. All advisory committee meetings must be open to the public. The department must invite representatives from, at minimum, the following organizations and entities to serve as external advisory committee members: Large and small business sectors; a representative of a statewide business association with over one thousand total members and that represents multiple business sectors; community, environmental, and public health advocacy groups; local governments; affected and interested businesses; and public health agencies. State agencies and technical experts may be requested to participate.

(2) All chemical action plans must include the following types of information, evaluations, and recommendations:

(a) Chemical name, properties, uses, and manufacturers;

(b) An analysis of the available information on the production, unintentional production, uses, and disposal of the chemical;

(c) Information on the known or potential impacts on human health and the environment associated with the use and release of the chemical; and

(d) An evaluation of the regulatory and nonregulatory approaches that influence production, uses, releases, and management of the chemical.

(3)(a) All chemical action plans must identify actions, if needed, to eliminate or reduce threats to human health and the environment and include recommendations for managing, reducing, or phasing out the different uses and releases of the chemical to minimize exposure.

(b) Recommendations must be based on an evaluation of the following factors:

(i) Environmental and human health benefits;

(ii) Economic and social impacts;

(iii) Feasibility;

(iv) Availability and effectiveness of safer substitutes for uses of the chemical; and

(v) Consistency with existing federal and state regulatory requirements.

(4) The department must include in the chemical action plan a summary of any dissenting views held by external advisory committee members regarding the recommendations contained in the plan.

(5) The department must identify the sources of information it relied upon in completing a chemical action plan under this section, including peer-reviewed science.

NEW SECTION.  Sec. 5.  (1)(a) Consistent with a recommendation in a chemical action plan, the department is authorized to require manufacturers, by order, to conduct alternatives assessments, as detailed in this section. The department may not require manufacturers to complete an alternatives assessment for a greater breadth of uses or products, nor require alternatives assessments to be completed by a greater number of manufacturers, than is necessary to address significant sources of environmental or public health exposures to the chemical.

(b) The scope of an alternatives assessment must be:

(i) A single type of use of a chemical in a specific type of manufacturing process; or

(ii) The inclusion of a chemical in a specific type of product.

(2)(a) If ordered by the department, a manufacturer of a product that contains a chemical for which a chemical action plan has been completed under section 4 of this act or under chapter 173-333 WAC must submit an alternatives assessment to the department for each use of the chemical specified by the department.

(b) The manufacturer must submit the alternatives assessment to the department within one year of receipt of the department's order; however, the department may grant an extension on a case-by-case basis for good cause if the manufacturer shows that additional time is necessary to complete an alternatives assessment or would substantially improve the quality of the alternatives assessment. Multiple businesses, or a business association, may collaborate and submit a single alternatives assessment on a chemical found in similar products.

(c) In lieu of an alternatives assessment, a manufacturer may submit a certificate of compliance, as described in (d) of this subsection, if:

(i) The manufacturer has ceased using the chemical for which it would be required to do an alternatives assessment; or

(ii) The manufacturer can demonstrate its plans to phase out the use of the chemical within a time frame that is reasonable based on the manufacturing process used to produce the product and the use of the product.

(d) A certificate of compliance must include the following:

(i) Chemical names and chemical abstracts service registry numbers for all chemicals that currently contribute to the specific function previously served by the prohibited chemical;

(ii) How the manufacturer is meeting the function of the prohibited chemical with a safer alternative; and

(iii) The signature of an authorized official of the manufacturer.

(3) If the department determines that a submitted alternatives assessment does not meet the definition or required objectives of an alternatives assessment, or the department does not identify a manufacturer that may be required to submit an alternatives assessment, the department may contract with an independent scientific organization to conduct an independent alternatives assessment in consultation with the chemical action plan advisory committee. Any alternatives assessment conducted by the independent contractor must include a process to involve interested parties.

(4) The department may rely on existing information indicating that a safer alternative for a chemical exists if that information is equivalent to an alternatives assessment.

NEW SECTION.  Sec. 6.  (1)(a) The department, in consultation with the department of health, shall prepare a summary report of all reviewed alternatives assessments and other relevant information assembled under section 5 of this act. The summary report must include a determination of whether a safer alternative exists and identify unsuitable alternatives.

(b) In making its determination, the department shall evaluate whether the alternatives assessment submitted by manufacturers:

(i) Follows the guidelines on alternatives assessment issued by the interstate chemicals clearinghouse, the national academy of sciences, or equivalent methodology;

(ii) Identifies safer alternatives as defined in section 1 of this act; and

(iii) Identifies unsuitable alternatives as defined in section 1 of this act.

(2) If the department determines that a safer alternative exists, based on a completed alternatives assessment or equivalent information, the department must submit a recommendation to prohibit specific uses of the chemical, in the form of draft legislation, to the appropriate committees of the house of representatives and senate.

(3) If the department determines that a safer alternative does not exist, then the department may reevaluate information on the availability of safer alternatives not more often than once every five years.

NEW SECTION.  Sec. 7.  (1) A manufacturer violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense.

(2) Any penalty provided for in this section, and any order issued by the department under this chapter, maybe appealed to the pollution control hearings board.

(3) All penalties collected under this chapter shall be deposited in the state toxics control account created in RCW 70.105D.070.

NEW SECTION.  Sec. 8.  Manufacturers submitting information or records to the department may request that the information or records be made available only for the confidential use of the director, the department, or the appropriate division of the department. The director shall give consideration to the request and if such action would not be detrimental to the public interest and is otherwise within accord with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160. Under the procedures established under RCW 43.21A.160, the department must keep confidential any records furnished by a manufacturer under this chapter that relate to proprietary manufacturing processes or chemical formulations used in products or processes.

NEW SECTION.  Sec. 9.  The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.

NEW SECTION.  Sec. 10.  A new section is added to chapter 39.26 RCW to read as follows:

(1) The department shall establish purchasing and procurement policies that provide a preference for products and products in packaging that do not contain:

(a) Persistent, bioaccumulative, and toxic chemicals as defined in chapter 173-333 WAC as of the effective date of this section; and

(b) Chemicals that have been addressed by a completed chemical action plan that has included a recommendation that the state adopt a purchasing and procurement policy for products and products in packaging that do not contain the chemical.

(2) No agency may knowingly purchase products or products in packaging containing chemicals identified in subsection (1) of this section unless there is no cost-effective and technologically feasible alternative. When all available products contain a chemical identified in subsection (1) of this section, a preference must be given to alternative products that contain lesser amounts of chemicals identified in subsection (1) of this section.

(3) Nothing in this section requires the department or any other state agency to breach an existing contract or dispose of stock that has been ordered or is in the possession of the department or other state agency as of the effective date of this section.

(4) This section does not require the department or any other agency to test every product procured.

(5) The department or any other agency may request suppliers of products to provide testing data from an accredited laboratory or testing facility documenting levels of a chemical identified in subsection (1) of this section in products or product packaging. Requested or voluntarily received testing data from businesses, manufacturers, organizations, and individuals must be submitted for review to the department of ecology.

Sec. 11.  RCW 43.21B.110 and 2013 c 291 s 33 are each amended to read as follows:

(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:

(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.

(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.

(c) A final decision by the department or director made under chapter 183, Laws of 2009.

(d) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.

(e) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

(f) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

(g) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.

(h) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.

(i) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

(j) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).

(k) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.

(l) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.

(m) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.

(n) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.

(o) Decisions regarding a restriction, order, or penalty issued under chapter 70.--- RCW (the new chapter created in section 14 of this act).

(2) The following hearings shall not be conducted by the hearings board:

(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

(c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.

(d) Hearings conducted by the department to adopt, modify, or repeal rules.

(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

Sec. 12.  RCW 43.21B.110 and 2013 c 291 s 34 are each amended to read as follows:

(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:

(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.

(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.

(c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.

(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

(f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.

(g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.

(h) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

(i) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).

(j) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.

(k) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.

(l) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.

(m) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.

(n) Decisions regarding a restriction, order, or penalty issued under chapter 70.--- RCW (the new chapter created in section 14 of this act).

(2) The following hearings shall not be conducted by the hearings board:

(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

(c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.

(d) Hearings conducted by the department to adopt, modify, or repeal rules.

(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

NEW SECTION.  Sec. 13.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2015, in the omnibus appropriations act, this act is null and void.

NEW SECTION.  Sec. 14.  Sections 1 through 9 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION.  Sec. 15.  A new section is added to chapter 43.131 RCW to read as follows:

The authority of the department of ecology to do the following under the authority of chapter 70.--- RCW (the new chapter created in section 14 of this act) expires June 30, 2025: Require manufacturers to provide information on chemicals and conduct alternatives assessments; prepare summary reports on alternatives assessments; prohibit the use of chemicals and the sale, offer for sale, or distribution of a product containing a prohibited chemical; and assess penalties.

NEW SECTION.  Sec. 16.  A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2026:

(1) Section 1 of this act;

(2) Section 2 of this act;

(3) Section 3 of this act;

(4) Section 4 of this act;

(5) Section 5 of this act;

(6) Section 6 of this act;

(7) Section 7 of this act;

(8) Section 8 of this act; and

(9) Section 9 of this act.

NEW SECTION.  Sec. 17.  This act may be known and cited as the toxics reduction act.

NEW SECTION.  Sec. 18.  Section 11 of this act expires June 30, 2019.

NEW SECTION.  Sec. 19.  Section 12 of this act takes effect June 30, 2019.

NEW SECTION.  Sec. 20.  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."

Correct the title.

 

With the consent of the house, amendment (265) to the striking amendment was withdrawn.

 

Representative Shea moved the adoption of amendment (266) to the striking amendment (239):

 

0)    On page 3, beginning on line 6 of the striking amendment, after "Chemicals" strike all material through "sediment." on line 18 and insert "regulated by the department as human health criteria in the draft rule issued by the department on January 8, 2015 and filed as WSR 15-03-15; or

  (b) Chemicals that are persistent, bioaccumulative, and toxic chemicals as defined in chapter 173-333 WAC, as of the effective date of this act, that affect water quality."

  On page 4, beginning on line 6 of the striking amendment, after "exposures;" insert the following:

  "(iv) The relative ranking assigned to a chemical by the department based on information applicable to Washington about chemical characteristics, uses of the chemical, releases of the chemical, and levels of the chemical present in the environment and in residents;

  (v) Whether the chemical has been determined to impact Washington state waters through identification under section 303(d) of the federal clean water act;"

  Renumber the remaining subsection consecutively and correct any internal references accordingly.

 

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

 

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

 

      An electronic roll call vote was requested.

 

      The Speaker (Representative Moeller presiding) stated the question before the House to be the adoption of amendment (266) to amendment (239) to Second Substitute House Bill No. 1472.

 

ROLL CALL

 

  The Clerk called the roll on the adoption of amendment (266) to amendment (239) to Second Substitute House Bill No. 1472 and the amendment was not adopted by the following vote: Yeas, 49; Nays, 49; Absent, 0; Excused, 0.

      Voting yea: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Fagan, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hunt, G., Hurst, Johnson, Klippert, Kochmar, Kretz, Kristiansen, MacEwen, Magendanz, Manweller, McCabe, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Stambaugh, Stokesbary, Takko, Taylor, Van Werven, Vick, Walsh, Wilcox, Wilson, Young, and Zeiger

      Voting nay: Representatives Appleton, Bergquist, Blake, Carlyle, Chopp, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Hansen, Hudgins, Hunt, S., Hunter, Jinkins, Kagi, Kilduff, Kirby, Lytton, McBride, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stanford, Sullivan, Tarleton, Tharinger, Van De Wege, Walkinshaw, and Wylie

 

Amendment (266) was not adopted.

 

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

 

      Representative Shea spoke against the adoption of the striking amendment.

 

Amendment (239) 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 Fitzgibbon spoke in favor of the passage of the bill.

 

      Representative Shea spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1472.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1472, and the bill passed the House by the following vote: Yeas, 63; Nays, 35; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Carlyle, Clibborn, Cody, DeBolt, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Hansen, Hudgins, Hunter, Hurst, Jinkins, Kagi, Kilduff, Kirby, Kretz, Kristiansen, Lytton, Magendanz, McBride, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Wilcox, Wylie, Young and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, Dent, Fagan, G. Hunt, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Johnson, Klippert, Kochmar, MacEwen, Manweller, McCabe, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Taylor, Van Werven, Vick, Walsh, Wilson and Zeiger.

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1472, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1585, by Representatives Young, Shea, Scott, G. Hunt, Taylor and Santos

 

      Providing a right of first repurchase for surplus transportation property.

 

      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 Clibborn spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1585.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1585, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

 

HOUSE BILL NO. 1585, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1695, by Representatives Clibborn, Hayes, Ryu, Kochmar, Senn, Zeiger, Tarleton, Fey, Farrell, Harmsworth, Van Werven, Stanford, Fitzgibbon, Stokesbary, Wylie, Tharinger, Moscoso, Riccelli and Santos

 

      Establishing a priority for the use, reuse, and recycling of construction aggregate and recycled concrete materials in Washington.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1695 was substituted for House Bill No. 1695 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1695 was read the second time.

 

With the consent of the house, amendments (184), (250), (254) and (256) were withdrawn.

 

Representative Clibborn moved the adoption of amendment (164):

 

0)  Beginning on page 2, line 36, strike all of sections 2 and 3 and insert the following:

"NEW SECTION.  Sec. 2.  A new section is added to chapter 70.95 RCW to read as follows:

(1) The department of transportation and its implementation partners must collaboratively develop and establish objectives and strategies for the reuse and recycling of construction aggregate and recycled concrete materials. This process must include the development of criteria for the successful and sustainable long-term recycling of construction aggregate and recycled concrete materials in Washington state transportation, roadway, street, highway, and other transportation infrastructure projects.

(2) The department of transportation must, unless construction aggregate and recycled concrete materials are not readily available, specify and annually use a minimum of twenty‑five percent construction aggregate and recycled concrete materials on its cumulative transportation, roadway, street, highway, and other transportation infrastructure projects.

(3)(a) All local governmental entities with a population of one hundred thousand residents or more must, as part of their contracting process, request and accept bids that include the use of construction aggregate and recycled concrete materials for each transportation, roadway, street, highway, or other transportation infrastructure project.

(b) Prior to awarding a contract for a transportation, roadway, street, highway, or other transportation infrastructure project, the local governmental entity must compare the lowest responsible bid proposing to use construction aggregate and recycled concrete materials with the lowest responsible bid not proposing to use construction aggregate and recycled concrete materials, and award the contract to the bidder proposing to use the highest percentage of construction aggregate and recycled concrete materials if that bid is the same as, or less than, a bidder not proposing to use construction aggregate and recycled concrete materials or proposing to use a lower percentage of construction aggregate and recycled concrete materials.

(4) Any local governmental entity with a population of less than one hundred thousand residents must:

(a) Review and determine the capacity for recycling and reuse of construction aggregate and recycled concrete materials for roadway, street, highway, and other transportation infrastructure projects in its jurisdiction;

(b) Establish practical and applicable strategies to recycle and reuse construction aggregate and recycled concrete materials for roadway, street, highway, and other transportation infrastructure projects in its jurisdiction; and

(c) Upon the completion of the review and strategy development, begin implementing the strategies to achieve the recycling and reuse objectives established for its jurisdiction.

(5) The applications and related specification standards for state and local transportation and infrastructure projects that reuse and recycle construction aggregate and recycled concrete materials to be used in the implementation of this section are outlined in the department of transportation's standard specifications for road, bridge, and municipal construction, section 9-03.21, table 9-03.21(1)E.

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

(a) "Construction aggregate and recycled concrete materials" means reclaimed coarse and fine aggregate cement and concrete mixtures as commonly defined by the American public works association, the federal highway administration, and department of transportation specifications.

(b) "Implementation partners" means local governmental entities and interested Washington-based associations representing the appropriate sectors of the construction industry.

(c) "Local governmental entities" means cities or counties.

NEW SECTION.  Sec. 3.  A new section is added to chapter 70.95 RCW to read as follows:

(1) The department of transportation, together with its implementation partners, as that term is defined in section 2 of this act, must report annually to the legislature on the implementation of section 2 of this act. The annual report must be submitted to the legislature, consistent with RCW 43.01.036, by January 2nd of each year from 2017 through 2020.

(2) This section expires July 1, 2021.

NEW SECTION.  Sec. 4.  This act takes effect January 1, 2016."

Correct the title.

 

Representative Orcutt moved the adoption of amendment (189) to the striking amendment (164):

 

0)        On page 1, line 14 of the striking amendment, after "available" insert "and cost effective"

 

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

 

Amendment (189) to amendment (164) was adopted.

 

      Representatives Clibborn and Orcutt spoke in favor of the adoption of the amendment as amended.

 

Amendment (164), 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 Clibborn, Hayes, Van Werven and Orcutt spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1695.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1695, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1695, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1919, by Representative S. Hunt

 

      Clarifying the timing of special elections.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1919 was substituted for House Bill No. 1919 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1919 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 S. Hunt and Holy spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1919.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1919, and the bill passed the House by the following vote: Yeas, 89; Nays, 9; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Clibborn, Cody, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Sells, Senn, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

      Voting nay: Representatives Chandler, Condotta, Kretz, Kristiansen, McCaslin, Scott, Shea, Short and Taylor.

 

SUBSTITUTE HOUSE BILL NO. 1919, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1977, by Representatives Moscoso, Orcutt, Clibborn, Bergquist, Zeiger, Pollet and Tarleton

 

      Creating a tuition and fees exemption for children and surviving spouses of certain highway workers.

 

      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 Moscoso and Zeiger spoke in favor of the passage of the bill.

 

      Representative DeBolt spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1977.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1977, and the bill passed the House by the following vote: Yeas, 58; Nays, 40; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Hansen, Hayes, Hudgins, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Lytton, MacEwen, McBride, Moeller, Morris, Moscoso, Muri, Orcutt, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Wylie, Zeiger and Mr. Speaker.

      Voting nay: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, G. Hunt, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Holy, Hunter, Klippert, Kochmar, Kretz, Kristiansen, Magendanz, Manweller, McCabe, McCaslin, Nealey, Parker, Pike, Schmick, Scott, Shea, Short, Smith, Stambaugh, Stokesbary, Taylor, Van Werven, Vick, Walsh, Wilcox, Wilson and Young.

 

HOUSE BILL NO. 1977, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1990, by Representatives Fey, Sells and Appleton

 

      Concerning use tax on vehicles transferred between immediate family members for no consideration other than to relieve the transferor of the underlying debt on the vehicle.

 

      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 Fey and Nealey spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1990.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1990, and the bill passed the House by the following vote: Yeas, 96; Nays, 2; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

      Voting nay: Representatives Chandler and Hunter.

 

HOUSE BILL NO. 1990, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2055, by Representatives Johnson, S. Hunt, Walsh, Van De Wege, Haler, Appleton, Hawkins, Robinson, Zeiger, Sawyer, Wilson, Clibborn, Scott, Kagi, Buys, Fagan and Tharinger

 

      Concerning statements on ballot measures in voters' pamphlets.

 

      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 Johnson, S. Hunt and Shea spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 2055.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 2055, and the bill passed the House by the following vote: Yeas, 97; Nays, 1; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

      Voting nay: Representative Orcutt.

 

HOUSE BILL NO. 2055, having received the necessary constitutional majority, was declared passed.

 

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

 

MESSAGE FROM THE SENATE

 

March 10, 2015

 

MR. SPEAKER:

 

The Senate has passed:

ENGROSSED SENATE BILL NO. 5226

ENGROSSED SUBSTITUTE SENATE BILL NO. 5550

ENGROSSED SUBSTITUTE SENATE BILL NO. 5899

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

 

SECOND READING

 

      HOUSE BILL NO. 1554, by Representatives Stambaugh, S. Hunt, Holy, Zeiger, Scott, G. Hunt, Bergquist, Condotta, Ormsby and Young

 

      Exempting information of guardians or family members of children enrolled in child care, early learning, parks and recreation, after-school, and youth development programs.

 

      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 Stambaugh and S. Hunt 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. 1554.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1554 and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Excused: Wilcox.

 

HOUSE BILL NO. 1554, having received the necessary constitutional majority, was declared passed.

 

RECONSIDERATION

 

There being no objection, the House immediately reconsidered the vote by which HOUSE BILL NO. 1554 passed the House.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1554 on reconsideration.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1554, on reconsideration, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

 

HOUSE BILL NO. 1554 on reconsideration, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1819, by Representatives Wilson, Griffey, Dent, Van Werven, Caldier, Pike, Shea, Vick, Harmsworth and Condotta

 

      Concerning appointments to inspect the books of account of a political committee or a candidate committee.

 

      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 Wilson, S. Hunt, Pike and Johnson spoke in favor of the passage of the bill.

 

      Representative Appleton 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. 1819.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1819, and the bill passed the House by the following vote: Yeas, 67; Nays, 31; Absent, 0; Excused, 0.

      Voting yea: Representatives Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Fagan, G. Hunt, Goodman, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hunter, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moscoso, Muri, Nealey, Orcutt, Parker, Peterson, Pike, Reykdal, Rodne, S. Hunt, Schmick, Scott, Shea, Short, Smith, Stambaugh, Stokesbary, Sullivan, Takko, Taylor, Van Werven, Vick, Walsh, Wilcox, Wilson, Wylie, Young and Zeiger.

      Voting nay: Representatives Appleton, Dunshee, Farrell, Fey, Fitzgibbon, Gregerson, Hudgins, Hurst, Jinkins, Lytton, Moeller, Morris, Ormsby, Ortiz-Self, Orwall, Pettigrew, Pollet, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stanford, Tarleton, Tharinger, Van De Wege, Walkinshaw and Mr. Speaker.

 

HOUSE BILL NO. 1819, having received the necessary constitutional majority, was declared passed.

 

POINT OF PERSONAL PRIVILEGE

 

Representative Wilcox congratulated Representative Wilson on the passage of her first bill through the House, and asked the Chamber to acknowledge her accomplishment.

 

      HOUSE BILL NO. 1839, by Representatives Kilduff, Rodne, Muri, Goodman, Orwall, Walkinshaw, Moeller, Tharinger and Jinkins

 

      Concerning services that provide support for decision making.

 

      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 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 House Bill No. 1839.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1839, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

 

HOUSE BILL NO. 1839, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1859, by Representatives Kilduff, Smith and Dunshee

 

      Concerning the amendment, recodification, decodification, or repeal of statutes relating to state capital construction funds and accounts and bond authorizations that are inactive, obsolete, or no longer necessary for continued publication in the Revised Code of Washington.

 

      The bill was read the second time.

 

Representative Kilduff moved the adoption of amendment (227):

 

0)  On page 7, line 8, after "(1)" insert "RCW 28B.50.401 (Transfer of moneys in community college bond retirement fund to state general fund—Purpose);

(2) RCW 28B.50.402 (Transfer of moneys in community and technical college bond retirement fund to state general fund—Exception);

(3)"

Renumber the remaining subsections consecutively, correct any internal references accordingly, and correct the title.

On page 38, beginning on line 3, strike all of section 27

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

 

Representatives Kilduff and DeBolt spoke in favor of the adoption of the amendment.

 

Amendment (227) 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 Kilduff and Smith 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. 1859.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed House Bill No. 1859, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

 

ENGROSSED HOUSE BILL NO. 1859, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1940, by Representatives Stokesbary, Fitzgibbon, Ryu, Magendanz, Kochmar, Hargrove, Rodne, Bergquist, Hurst, Gregerson, Orwall and Jinkins

 

      Exempting levies imposed by qualifying flood control zone districts from certain limitations upon regular property tax levies.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1940 was not substitute for House Bill No. 1940.

 

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

 

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

 

      Representatives Orcutt and Hunter 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. 1940.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1940, and the bill passed the House by the following vote: Yeas, 69; Nays, 29; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Carlyle, Chandler, Clibborn, Cody, DeBolt, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Holy, Hudgins, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Kristiansen, Lytton, MacEwen, Magendanz, McBride, McCabe, Moeller, Morris, Moscoso, Nealey, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Reykdal, Riccelli, Robinson, Rodne, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wilcox, Wylie, Young, Zeiger and Mr. Speaker.

      Voting nay: Representatives Buys, Condotta, Dent, Dunshee, G. Hunt, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hunter, Klippert, Kretz, Manweller, McCaslin, Muri, Orcutt, Pollet, S. Hunt, Schmick, Scott, Shea, Short, Smith, Stanford, Taylor, Van Werven, Vick and Wilson.

 

HOUSE BILL NO. 1940, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1962, by Representatives Griffey, Peterson, Harmsworth, Wilson, Scott, Van Werven, Stokesbary, Condotta and Hayes

 

      Regulating disclosure of process server social security numbers.

 

      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 Griffey and Jinkins 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. 1962.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1962, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

 

HOUSE BILL NO. 1962, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2042, by Representatives McCabe, Cody, Harris, Dent, Fagan, McBride, Kochmar, Wilson, Johnson, Klippert and Pike

 

      Establishing the crime of voyeurism in the second degree.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2042 was substituted for House Bill No. 2042 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2042 was read the second time.

 

With the consent of the house, amendment (045) was withdrawn.

 

Representative Appleton moved the adoption of amendment (066):

 

0)  On page 15, after line 35, insert the following:

"Sec. 3.  RCW 13.40.070 and 2013 c 179 s 3 are each amended to read as follows:

(1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:

(a) The alleged facts bring the case within the jurisdiction of the court; and

(b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.

(2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.

(3) If the requirements of subsections (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (8) of this section. If the prosecutor finds that the requirements of subsection (1)(a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.

(4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.

(5) Except as provided in RCW 13.40.213 and subsection (7) of this section, where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:

(a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.411(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, or a class C felony that is a violation of RCW 9.41.080 or *9.41.040(2)(a)(iii); or

(b) An alleged offender is accused of a felony and has a criminal history of any felony, or at least two gross misdemeanors, or at least two misdemeanors; or

(c) An alleged offender has previously been committed to the department; or

(d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or

(e) An alleged offender has three or more diversion agreements on the alleged offender's criminal history; or

(f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed.

(6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (8) of this section, a case under this subsection may also be filed.

(7) Where a case is legally sufficient to charge an alleged offender with

(a) either prostitution or prostitution loitering and the alleged offense is the offender's first prostitution or prostitution loitering offense, the prosecutor shall divert the case; or

   (b) voyeurism in the second degree and the alleged offense is the offender's first offense or violation, the prosecutor shall divert the case unless the juvenile has prior adjudications or diversions.

(8) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.

(9) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversion interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversion unit, the victim shall be notified of the referral and informed how to contact the unit.

(10) The responsibilities of the prosecutor under subsections (1) through (9) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.

(11) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims."

Correct the title.

 

 

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

 

      Representatives Klippert and Manweller spoke against the adoption of the amendment.

 

There being no objection, the House deferred action on. SUBSTITUTE HOUSE BILL NO. 2042, and the bill held its place on the second reading calendar.

 

      HOUSE BILL NO. 2046, by Representatives Dent, Takko, Griffey and Tharinger

 

      Adding a definition of streams to the shoreline management act.

 

      The bill was read the second time.

 

With the consent of the house, amendment (206) 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 Dent, Takko and Taylor 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. 2046.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 2046, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

 

HOUSE BILL NO. 2046, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1211, by Representatives G. Hunt, Reykdal, Sawyer, Manweller, Vick, S. Hunt and Buys

 

      Addressing fees and costs related to methods of wage payment.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1211 was substituted for House Bill No. 1211 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1211 was read the second time.

 

Representative G. Hunt moved the adoption of amendment (263):

 

0)    On page 2, line 18, after "(b)" insert "(i)"

  On page 2, at the beginning of line 23, strike "(i)" and insert "(A)"

  On page 2, at the beginning of line 25, strike "(ii)" and insert "(B)"

  On page 2, after line 28, insert the following:

  "(ii) An employer who credits employee wages to a payroll card account must offer an employee at least one other method of receiving wages that does not require the employee to maintain or open an account for purposes of direct deposit.  However, direct deposit is permitted as the other method if the employee requests direct deposit."

 

      Representatives G. Hunt and Sells spoke in favor of the adoption of the amendment.

 

Amendment (263) was adopted.

 

Representative DeBolt moved the adoption of amendment (122):

 

0)  On page 2, line 19, after "obtain" strike "any part of or"

On page 2, after line 28, insert the following:

"(c) Nothing in (b) of this subsection shall be construed to prohibit an employer from crediting an employee's wages to a payroll card account if:

(i) The employee has been offered as least one other method of receiving wages; and

(ii) (A) If the employee's wages are paid weekly or less frequently, the employee may make at least one withdrawal from the payroll card account in each pay period without charge for any amount up to and including the full amount of the employee's net wages for that pay period; or

(B) If the employee's wages are paid more frequently than weekly, the employee may make at least one withdrawal from the payroll card account each week without charge for any amount up to and including the full amount of the employee's net wages for that pay period.

(d) For purposes of this subsection, "payroll card account" means an account that is directly or indirectly established through an employer to which transfers of the employee's wages, salary, or other compensation are made, and which carries the consumer protections that apply to payroll card accounts under the electronic fund transfer act, 15 U.S.C. Sec. 1693, et. seq. and Regulation E, 29 C.F.R. Part 1005, as they exist on the effective date of this section."

 

 

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

 

      Representative Sells spoke against the adoption of the amendment.

 

Amendment (122) 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 G. Hunt, Sells and Wilcox 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. 1211.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1211, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1211, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2190, by Representatives Harmsworth, Moscoso, Orcutt, Clibborn, Wilson, Condotta, Kretz, Rodne, Dunshee and Pike

 

      Authorizing the electronic submission of vessel reports of sale.

 

      The bill was read the second time.

 

Representative Harmsworth moved the adoption of amendment (261):

 

0)     On page 2, after line 16, insert the following:

   "NEW SECTION. Sec. 2. This act takes effect January 1, 2017."

 

Representatives Harmsworth and Clibborn spoke in favor of the adoption of the amendment.

 

Amendment (261) 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 Harmsworth, Clibborn, Hayes and Takko 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. 2190.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed House Bill No. 2190, and the bill passed the House by the following vote: Yeas, 97; Nays, 1; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representative Morris.

 

ENGROSSED HOUSE BILL NO. 2190, having received the necessary constitutional majority, was declared passed.

 

POINT OF PERSONAL PRIVILEGE

 

Representative Shea congratulated Representative Harmsworth on the passage of his first bill through the House, and asked the Chamber to acknowledge his accomplishment.

 

      HOUSE BILL NO. 1646, by Representatives Senn, Walsh, Lytton, Santos, Orwall, Wylie, Robinson, Reykdal, Gregerson, Appleton, Jinkins, Farrell, Van De Wege, Carlyle, McBride, Kagi, Goodman, Kilduff, Tarleton, Ortiz-Self, Cody, Riccelli, Clibborn, Ryu, Gregory, Walkinshaw, Springer, Sawyer, Fitzgibbon, Hudgins, Fey, Dunshee, Peterson, Moeller, Bergquist, S. Hunt, Moscoso, Pollet, Takko, Sells, Sullivan, Stanford, Morris, Tharinger and Ormsby

 

      Enacting the equal pay opportunity act by amending and enhancing enforcement of the equal pay act and protecting worker communications about wages and employment opportunities.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1646 was substituted for House Bill No. 1646 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1646 was read the second time.

 

With the consent of the house, amendments (054), (093), (218) and (219) were withdrawn.

 

Representative G. Hunt moved the adoption of amendment (101):

 

0)    On page 3, beginning on line 13, after "failing to" strike all material through "positions" on line 15 and insert "use reasonable means to provide the employee information about advancement in their career tracks or positions, including but not limited to posting information on internal and external websites, in employee common areas, or at the employer’s human resource office"

 

      Representatives G. Hunt and Sells spoke in favor of the adoption of the amendment.

 

Amendment (101) was adopted.

 

Representative Senn moved the adoption of amendment (262):

 

0)    On page 3, after line 31, insert the following:

  "(3) An employer may prohibit a human resources manager from disclosing the wages of other employees unless the disclosure is otherwise required by law."

 

      Representatives Senn and Manweller spoke in favor of the adoption of the amendment.

 

Amendment (262) was adopted.

 

Representative Short moved the adoption of amendment (264):

 

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

"NEW SECTION.  Sec. 1.  INTENT. According to census bureau data, forty percent of households in the United States rely on a woman as the leading or sole breadwinner. In addition, women hold a significant percentage of minimum wage jobs. Income disparities limit the ability of women to provide for their families, leading to higher rates of poverty among women and children.

The legislature finds that in order to establish equality among workers, men and women in the same job must be compensated as equals. The legislature finds that gaps in employee wages is a form of gender discrimination. Policies that encourage retaliation or discipline towards workers who discuss or inquire about compensation prevent workers from moving forward.

The legislature intends to update the existing Washington state equal pay act, not modified since 1943, to address income disparities, employer discrimination, and retaliation practices, and to reflect the equal status of all workers in Washington state.

NEW SECTION.  Sec. 2.  DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Compensation" means discretionary and nondiscretionary wages and benefits provided by an employer to an employee as a result of the employment relationship.

(2) "Department," "director," "employee," and "employer" have the same meaning as defined in RCW 49.12.005.

Sec. 3.  RCW 49.12.175 and 1943 c 254 s 1 are each amended to read as follows:

EQUAL PAY OPPORTUNITY.

(1) Any employer in this state((, employing both males and females, who shall discriminate in any way in the payment of wages as between sexes or who shall pay any female a less wage, be it time or piece work, or salary, than is being paid to males)) who discriminates in providing compensation based on gender between individuals similarly employed((, or in any employment formerly performed by males, shall be)) is guilty of a misdemeanor.

(2)(a) If any ((female)) employee ((shall)) receives less compensation because of being discriminated against on account of ((her sex, and)) gender in violation of this section, ((she shall be)) that employee is entitled to recover in a civil action the full amount of compensation that ((she)) the employee would have received had ((she)) the employee not been discriminated against. An employee is entitled to recover any actual damages, plus statutory damages equal to the amount of actual damages or five thousand dollars, whichever is greater, and costs and reasonable attorneys' fees. In addition, the court may order injunctive relief. In such action, however, the employer shall be credited with any compensation which has been paid to ((her)) the employee upon account.

(b) A differential in ((wages between employees)) compensation or employment opportunities based in good faith on a bona fide job-related factor or factors ((other than sex shall)), including but not limited to education, training, or experience, that is not based on gender, unless the differential is otherwise permitted by law, does not constitute discrimination within the meaning of ((RCW 49.12.010 through 49.12.180)) this section.

NEW SECTION.  Sec. 4.  WORKPLACE PRACTICES. (1) An employer may not:

(a) Require nondisclosure by an employee of his or her wages as a condition of employment; or

(b) Require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employee's wages.

(2) An employer may not discharge or in any other manner retaliate against an employee for:

(a) Inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee;

(b) Asking the employer to provide a reason for the employee's wages or reasons for a lack of employment advancement available to the employee; or

(c) Aiding or encouraging an employee to exercise their rights under this section.

(3) An employer may prohibit a human resources or other manager from disclosing the wages of other employees unless the disclosure is otherwise required by law.

NEW SECTION.  Sec. 5.  NO RETALIATION. An employer may not discharge or otherwise discriminate against an employee because the employee has filed any complaint, or instituted or caused to be instituted any proceeding under this chapter, or testified or is about to testify in any such proceeding, or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter.

NEW SECTION.  Sec. 6.  CAUSE OF ACTION. An employee may bring a civil action against an employer for violation of section 4 or 5 of this act for actual damages, plus statutory damages equal to the amount of actual damages or five thousand dollars, whichever is greater, and costs and reasonable attorneys' fees. The court may also order reinstatement and injunctive relief.

NEW SECTION.  Sec. 7.  NOTICE. The department may include notice of the provisions of this chapter in the next reprinting of employment posters.

NEW SECTION.  Sec. 8.  RULE MAKING. The department may adopt rules to implement sections 1 through 5 of this act.

NEW SECTION.  Sec. 9.  SHORT TITLE. This chapter shall be known and cited as the "equal pay opportunity act."

NEW SECTION.  Sec. 10.  CODIFICATION. (1) Sections 1, 2, and 4 through 9 of this act constitute a new chapter in Title 49 RCW.

(2) RCW 49.12.175 is recodified as a section in chapter 49.--- RCW (the new chapter created in this section)."

 

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

 

      Representative Gregerson spoke against the adoption of the striking amendment.

 

      An electronic roll call vote was requested.

 

      The Speaker (Representative Orwall presiding) stated the question before the House to be the adoption of amendment (264) to Substitute House Bill No. 1646.

 

ROLL CALL

 

      The Clerk called the roll on the adoption of amendment (264) to Substitute House Bill No. 1646, and the amendment was not adopted by the following vote: Yeas, 45; Nays, 53; Absent, 0; Excused, 0.

Voting yea: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Fagan, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hunt, G., Johnson, Klippert, Kochmar, Kretz, Kristiansen, MacEwen, Magendanz, Manweller, McCabe, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Stambaugh, Stokesbary, Taylor, Van Werven, Vick, Wilcox, Wilson, Young, and Zeiger

Voting nay: Representatives Appleton, Bergquist, Blake, Carlyle, Chopp, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Hansen, Hudgins, Hunt, S., Hunter, Hurst, Jinkins, Kagi, Kilduff, Kirby, Lytton, McBride, McCaslin, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, and Wylie

 

Amendment (264) 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 Senn, Takko, Sells, Farrell, Ortiz-Self, Gregerson and Jinkins spoke in favor of the passage of the bill.

 

      Representatives Short, Manweller, Van Werven and Smith 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. 1646.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1646, and the bill passed the House by the following vote: Yeas, 55; Nays, 43; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Hansen, Hudgins, Hunter, Hurst, Jinkins, Kagi, Kilduff, Kirby, Kretz, Lytton, McBride, McCabe, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wylie and Mr. Speaker.

Voting nay: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Fagan, G. Hunt, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Johnson, Klippert, Kochmar, Kristiansen, MacEwen, Magendanz, Manweller, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Stokesbary, Taylor, Van Werven, Vick, Wilcox, Wilson, Young and Zeiger.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1646, having received the necessary constitutional majority, was declared passed.

 

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

 

There being no objection, the House adjourned until 9:55 a.m., March 12, 2015, the 60th Day of the Regular Session.

 

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk

 

 

 




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HOUSE OF REPRESENTATIVES (Representative Orwall presiding)

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Point of Personal Privilege   Representative Wilson........................... 1

SPEAKER OF THE HOUSE (Representative Moeller presiding)

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