The House was called to order at 10:00 a.m. by the Speaker (Representative Moeller 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 Robert Thomas and Madeline Patterson. The Speaker (Representative Moeller presiding) led the Chamber in the Pledge of Allegiance. The prayer was offered by Pastor Trisha Ferguson, Capital Christian Center, Olympia, Washington.

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

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

INTRODUCTION & FIRST READING

HB 2982 by Representatives Jinkins and Fey

AN ACT Relating to eliminating the manufacturing machinery and equipment exemption for methanol manufactured in part from liquid natural gas or compressed natural gas; and amending RCW 82.08.02565 and 82.12.02565.

Referred to Committee on Finance.

HB 2983 by Representative Shea

AN ACT Relating to the excise taxation of personal and alcohol monitoring devices and services; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.04 RCW; and creating new sections.

Referred to Committee on Finance.

SB 5143 by Senators Becker, Bailey, Dammeier, Rivers, Frockt, Brown and Parlette

AN ACT Relating to providing information regarding childhood immunizations to expecting parents; and adding a new section to chapter 43.70 RCW.

Referred to Committee on Health Care & Wellness.

SSB 5221 by Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators Benton and Roach)

AN ACT Relating to the disposition of tenant property placed upon the nearest public property; and amending RCW 59.18.312.

Referred to Committee on Judiciary.

2ESB 5624 by Senators Keiser, Honeyford and Conway

AN ACT Relating to financing essential public infrastructure; amending RCW 39.94.030, 43.155.020, 43.155.040, and 43.155.050; reenacting and amending RCW 39.94.040; adding a new section to chapter 43.155 RCW; adding a new chapter to Title 39 RCW; creating a new section; and providing a contingent effective date.

Referred to Committee on Capital Budget.

SB 5689 by Senators Becker, Keiser, Dammeier, Frockt, Jayapal and McAuliffe

AN ACT Relating to containing the scope and costs of the diabetes epidemic in Washington; and adding a new chapter to Title 70 RCW.

Referred to Committee on Health Care & Wellness.

SB 6150 by Senators Honeyford, McCoy, Sheldon, Parlette and Chase

AN ACT Relating to increasing the available term of water pollution control revolving fund program loans to reflect the 2014 amendments to the federal clean water act allowing such an increase; and amending RCW 90.50A.010, 90.50A.020, 90.50A.030, 90.50A.040, and 90.50A.050.

Referred to Committee on Capital Budget.

2SSB 6187 by Senate Committee on Ways & Means (originally sponsored by Senators Litzow, Ranker, Fraser and Sheldon)

AN ACT Relating to the authority of the pollution liability insurance agency; amending RCW 70.148.020, 70.148.900, 70.149.900, 82.23A.020, and 82.23A.902; reenacting and amending RCW 43.84.092; adding a new chapter to Title 70 RCW; creating a new section; repealing RCW 70.148.120, 70.148.130, 70.148.140, 70.148.150, 70.148.160, and 70.148.170; providing an effective date; and providing expiration dates.

Referred to Committee on Environment.

SSB 6211 by Senate Committee on Ways & Means (originally sponsored by Senators Dammeier, Rolfes, Fraser, Conway, McCoy, O'Ban, Litzow, Fain, Rivers, Becker, Darneille, McAuliffe, Habib, Chase and Benton)

AN ACT Relating to the exemption of property taxes for nonprofit homeownership development; amending RCW 84.36.805, 84.36.815, 84.36.820, 84.36.840, 84.36.845, and 84.36.855; adding a new section to chapter 84.36 RCW; and creating new sections.

Referred to Committee on Community Development, Housing & Tribal Affairs.

SSB 6219 by Senate Committee on Ways & Means (originally sponsored by Senators Brown, Angel, Padden, Hewitt, O'Ban, Roach and Pearson)

AN ACT Relating to sentencing for vehicular homicide; and amending RCW 9.94A.515 and 9.94A.535.

Referred to Committee on Public Safety.

SB 6245 by Senators Litzow, Hill, Fain, Rolfes, McAuliffe and Mullet

AN ACT Relating to visual screening in schools; and amending RCW 28A.210.020.

Referred to Committee on Education.

SSB 6290 by Senate Committee on Agriculture, Water & Rural Economic Development (originally sponsored by Senators Honeyford, Hobbs and Parlette)

AN ACT Relating to the apple commission; amending RCW 15.24.010, 15.24.020, 15.24.030, 15.24.035, 15.24.073, 15.24.080, 15.24.090, 15.24.100, 15.24.110, 15.24.120, and 15.24.900; and repealing RCW 15.24.033, 15.24.040, 15.24.060, 15.24.086, and 15.24.170.

Referred to Committee on Agriculture & Natural Resources.

SB 6345 by Senators Takko, Warnick and Hobbs

AN ACT Relating to merging the state department of agriculture's fruit and vegetable inspection districts and accounts; amending RCW 15.17.240 and 15.17.020; and repealing RCW 15.17.230 and 15.17.247.

Referred to Committee on Agriculture & Natural Resources.

SB 6371 by Senators Litzow, Mullet, Dammeier, Hargrove, Fain, Hobbs, Hill and McAuliffe

AN ACT Relating to the definition of agency for purposes of early learning programs; and amending RCW 43.215.010.

Referred to Committee on Early Learning & Human Services.

SB 6398 by Senators Hasegawa and Chase

AN ACT Relating to cultural foods; amending RCW 43.20.145; and creating a new section.

Referred to Committee on Health Care & Wellness.

SSB 6449 by Senate Committee on Commerce & Labor (originally sponsored by Senators Hewitt and Conway)

AN ACT Relating to enhanced raffles; amending RCW 9.46.0323; and providing an expiration date.

Referred to Committee on Commerce & Gaming.

SSB 6464 by Senate Committee on Law & Justice (originally sponsored by Senator Padden)

AN ACT Relating to deadlines for final determinations and dispositions in agency adjudicative proceedings; and amending RCW 34.05.413, 34.05.534, 34.05.562, and 39.05.570.

Referred to Committee on Judiciary.

2ESJR 8204 by Senators Keiser, Honeyford and Conway

Amending the Constitution to allow the state to guarantee debt issued on behalf of a political subdivision for essential public infrastructure.

Referred to Committee on Capital Budget.

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

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

THIRD READING

There being no objection, the rules were suspended, and HOUSE BILL NO. 1067 was returned to second reading for the purpose of amendment.

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

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1067, by House Committee on Judiciary (originally sponsored by Representatives Jinkins, Holy, Magendanz, Nealey, Goodman, Muri, Gregerson, Cody, Kilduff and Pollet)

Reauthorizing the medicaid fraud false claims act.

The bill was read the second time.

Representative Jinkins moved the adoption of amendment (686):

On page 1, line 8, strike "2020" and insert "2023"

On page 1, line 12, strike "2021" and insert "2024"

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

Amendment (686) 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 Jinkins and Rodne spoke in favor of the passage of the bill.

MOTION

On motion of Representative Harris, Representative Johnson was excused.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1067.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1067, and the bill passed the House by the following vote: Yeas, 88; Nays, 8; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Chandler, Clibborn, Cody, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Caldier, Condotta, McCaslin, Schmick, Scott, Shea and Taylor.

Excused: Representative Johnson.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1067, having received the necessary constitutional majority, was declared passed.

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

THIRD READING

SUBSTITUTE HOUSE BILL NO. 1874, by House Committee on Health Care & Wellness (originally sponsored by Representatives Tharinger, Cody and Riccelli)

Regarding the requirements of allopathic physician licensure.

The bill was read the third time.

Representatives Tharinger and Schmick 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. 1874.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1874, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Excused: Representative Johnson.

SUBSTITUTE HOUSE BILL NO. 1874, having received the necessary constitutional majority, was declared passed.

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

SECOND READING

HOUSE BILL NO. 2340, by Representatives Schmick, Cody and Jinkins

Addressing the Washington state health insurance pool.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2340 was substituted for House Bill No. 2340 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2340 was read the second time.

Representative Schmick moved the adoption of amendment (658):

On page 7, line 37, after "that" insert "nonmedicare plans"

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

Amendment (658) 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 Schmick and Cody 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. 2340.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2340, and the bill passed the House by the following vote:Yeas, 96; Nays, 0; Absent, 0; Excused, 1.

Excused: Representative Johnson.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2340, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2432, by Representatives Riccelli, Harris, Cody, Caldier and Tarleton

Concerning substance abuse monitoring for licensed veterinarians, osteopathic physicians and surgeons, and osteopathic physician assistants.

The bill was read the second time.

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

Representatives Riccelli and Schmick 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. 2432.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2432, and the bill passed the House by the following vote: Yeas, 94; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Taylor and Young.

Excused: Representative Johnson.

HOUSE BILL NO. 2432, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2450, by Representatives Tharinger, Short, Cody, Schmick, Jinkins and Blake

Allowing critical access hospitals participating in the Washington rural health access preservation pilot to resume critical access hospital payment and licensure.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2450 was substituted for House Bill No. 2450 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2450 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 Tharinger and Schmick 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. 2450.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2450, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 1.

Excused: Representative Johnson.

SUBSTITUTE HOUSE BILL NO. 2450, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2452, by Representatives Riccelli, Harris, Cody, Johnson, Robinson, Senn, Clibborn, Jinkins and Ormsby

Creating the interstate medical licensure compact.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2452 was substituted for House Bill No. 2452 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2452 was read the second time.

Representative Hudgins moved the adoption of amendment (631):

0) On page 20, after line 14 insert the following:

"NEW SECTION. Sec. 28. Sections 1 through 27 of this act take effect when the secretary of the department of health has been notified of the amount of the annual member state assessment described in section 13 and the legislature has appropriated moneys for that assessment.

NEW SECTION. Sec. 29. The department of health must provide notice of the effective date of sections 1 through 27 of this act to affected parties, the chief of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department."

Correct the title.

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

Representatives Schmick and Cody spoke against the adoption of the amendment.

Amendment (631) was not adopted.

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

Representatives Riccelli and Schmick 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. 2452.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2452, and the bill passed the House by the following vote: Yeas, 90; Nays, 6; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.\par Voting nay: Representatives Condotta, Hudgins, McCaslin, Scott, Shea and Taylor.

Excused: Representative Johnson.

SUBSTITUTE HOUSE BILL NO. 2452, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2726, by Representatives Walkinshaw, Tharinger, Senn, Cody, Ortiz-Self, Magendanz and Goodman

Concerning the regulation of continuing care retirement communities.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2726 was substituted for House Bill No. 2726 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2726 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 Walkinshaw and Schmick 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. 2726.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2726, and the bill passed the House by the following vote: Yeas, 83; Nays, 13; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Harmsworth, Harris, Hawkins, Hayes, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Short, Smith, Springer, Stanford, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie and Mr. Speaker.

Voting nay: Representatives Chandler, Dye, Hargrove, Hickel, Holy, McCaslin, Scott, Shea, Stambaugh, Stokesbary, Taylor, Young and Zeiger.

Excused: Representative Johnson.

SECOND SUBSTITUTE HOUSE BILL NO. 2726, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2730, by Representatives Peterson, Walkinshaw, Ortiz-Self, Bergquist, Kagi, Gregerson, Kilduff, Frame and Pollet

Concerning the prescription drug monitoring program. Revised for 1st Substitute: Concerning the prescription monitoring program.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2730 was substituted for House Bill No. 2730 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2730 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 Peterson, Schmick and Harris 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. 2730.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2730, and the bill passed the House by the following vote: Yeas, 80; Nays, 16; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Chandler, Clibborn, Cody, Condotta, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Haler, Hansen, Hargrove, Harris, Hawkins, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kuderer, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rodne, Rossetti, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Vick, Walkinshaw, Walsh, Wilson, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, DeBolt, Griffey, Harmsworth, Hayes, Hickel, Holy, Kristiansen, McCaslin, Pike, Scott, Shea, Taylor, Van Werven, Wilcox and Young.

Excused: Representative Johnson.

SUBSTITUTE HOUSE BILL NO. 2730, having received the necessary constitutional majority, was declared passed.

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

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

There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the second reading suspension calendar:

HOUSE BILL NO. 2300

HOUSE BILL NO. 2359

HOUSE BILL NO. 2435

HOUSE BILL NO. 2507

HOUSE BILL NO. 2522

HOUSE BILL NO. 2526

HOUSE BILL NO. 2671

HOUSE BILL NO. 2744

HOUSE BILL NO. 2936

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

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

SECOND READING

SECOND SUBSTITUTE HOUSE BILL NO. 1999, by House Committee on Appropriations (originally sponsored by Representatives Carlyle, Kagi, Lytton, Walsh, Sawyer, Pettigrew, Ortiz-Self, Dent, Parker, Caldier, Goodman and Jinkins)

Coordinating services and programs for foster youth in order to improve educational outcomes.

The bill was read the second time.

There being no objection, Fourth Substitute House Bill No. 1999 was substituted for Second Substitute House Bill No. 1999 and the fourth substitute bill was placed on the second reading calendar.

FOURTH SUBSTITUTE HOUSE BILL NO. 1999 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 Senn and Walsh 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 Fourth Substitute House Bill No. 1999.

ROLL CALL

The Clerk called the roll on the final passage of Fourth Substitute House Bill No. 1999, and the bill passed the House by the following vote: Yeas, 94; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives McCaslin and Taylor.

Excused: Representative Johnson.

FOURTH SUBSTITUTE HOUSE BILL NO. 1999, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2394, by Representatives Walsh, Senn, Kagi, Moscoso, Kilduff, Kochmar, Dent, Holy, Sawyer, Jinkins, Tharinger, Magendanz, Fey, Tarleton, Zeiger, Sells, McBride, Bergquist, Pollet, Santos, S. Hunt and Goodman

Creating the parent to parent program for individuals with developmental disabilities.

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 Walsh, Senn and Dent 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. 2394.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2394, and the bill passed the House by the following vote: Yeas, 93; Nays, 3; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Scott, Shea and Taylor.

Excused: Representative Johnson.

HOUSE BILL NO. 2394, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2449, by Representatives Orwall, Magendanz, Kagi, Santos, Senn, Peterson, Appleton, Moscoso, Goodman, Jinkins, Walkinshaw, Stanford, Clibborn, Sells, Fitzgibbon, Kilduff, Ryu, Bergquist, Pollet and S. Hunt

Providing court-based and school-based intervention and prevention efforts to promote attendance and reduce truancy.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2449 was substituted for House Bill No. 2449 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2449 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 Orwall 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. 2449.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2449, and the bill passed the House by the following vote: Yeas, 86; Nays, 10; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, DeBolt, Dent, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Condotta, Dye, Holy, Kretz, McCaslin, Schmick, Scott, Shea, Short and Taylor.

Excused: Representative Johnson.

SECOND SUBSTITUTE HOUSE BILL NO. 2449, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2591, by Representatives Hargrove, Kagi, Walsh, Dent, Caldier, Senn, Frame, Muri, Zeiger, McBride, Ormsby and Gregerson

Notifying foster parents of dependency hearings and their opportunity to be heard in those hearings.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2591 was substituted for House Bill No. 2591 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2591 was read the second time.

Representative Hargrove moved the adoption of amendment (682):

0) On page 2, at the beginning of line 14, strike "parents." and insert "parent that is not directly related to the child's well-being."

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

Amendment (682) 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 Hargrove and Senn 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. 2591.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2591, and the bill passed the House by the following vote:Yeas, 96; Nays, 0; Absent, 0; Excused, 1.

Excused: Representative Johnson.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2591, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2615, by Representatives Pollet, Haler, Moscoso, Appleton, Fitzgibbon, Gregerson, Ormsby, Ortiz-Self, Lytton, Riccelli, Ryu, Reykdal, Cody, Tarleton, Frame, Van De Wege, Stanford and Goodman

Improving student success at community and technical colleges by considering benefits of full-time faculty and staff.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2615 was substituted for House Bill No. 2615 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2615 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 Pollet and Tarleton spoke in favor of the passage of the bill.

Representatives Zeiger, Scott, Caldier and Parker spoke against 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. 2615.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2615, and the bill passed the House by the following vote: Yeas, 50; Nays, 46; Absent, 0; Excused, 1.

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

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

Excused: Representative Johnson.

SUBSTITUTE HOUSE BILL NO. 2615, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2716, by Representatives Senn, Walsh, Kagi, Walkinshaw, McCabe, Ortiz-Self, Bergquist, Stanford, Gregerson, Ormsby and Goodman

Concerning working connections child care eligibility for vulnerable children.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2716 was substituted for House Bill No. 2716 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2716 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 Senn, Walsh, Scott and Kagi 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. 2716.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2716, and the bill passed the House by the following vote: Yeas, 90; Nays, 6; Absent, 0; Excused, 1.

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

Voting nay: Representatives Chandler, Condotta, Magendanz, Shea, Taylor and Van Werven.

Excused: Representative Johnson.

SUBSTITUTE HOUSE BILL NO. 2716, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2749, by Representatives Kagi and Ormsby

Extending dates concerning measuring performance and performance-based contracting of the child welfare system.

The bill was read the second time.

Representative Kagi moved the adoption of amendment (693):

On page 3, after line 4, insert the following:

"Sec. 2. RCW 74.13.370 and 2012 c 205 s 9 are each amended to read as follows:

(1) Based upon the recommendations of the child welfare transformation design committee, including the two sets of outcomes developed by the committee under RCW 74.13.368(4)(b), the Washington state institute for public policy is to conduct a review of measurable effects achieved by the supervising agencies and compare those measurable effects with the existing services offered by the state. The report on the measurable effects shall be provided to the governor and the legislature no later than April 1, ((~~2018~~)) 2023.

(2) No later than December 1, 2014, the Washington state institute for public policy shall provide the legislature and the governor an initial report on the department's conversion to the use of performance-based contracts as provided in RCW 74.13B.020 and 74.13B.030. No later than June 30, 2016, the Washington state institute for public policy shall provide the governor and the legislature with a second report on the extent to which the use of performance-based contracting has resulted in:

(a) Increased use of evidence‑based, research‑based, and promising practices; and

(b) Improvements in outcomes for children, including child safety, child permanency, including reunification, and child well‑being.

(3) The department and network administrators shall respond to the Washington institute for public policy's request for data and other information with which to complete these reports in a timely manner.

(4) The Washington state institute for public policy must consult with a university-based child welfare research entity to evaluate performance-based contracting."

Correct the title.

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

Amendment (693) 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 Kagi and Walsh spoke in favor of the passage of the bill.

Representative Scott 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 House Bill No. 2749.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2749, and the bill passed the House by the following vote: Yeas, 90; Nays, 6; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Holy, McCaslin, Scott, Shea, Taylor and Young.

Excused: Representative Johnson.

ENGROSSED HOUSE BILL NO. 2749, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2895, by Representative MacEwen

Concerning alien victims of certain qualifying criminal activity. Revised for 1st Substitute: Enhancing crime victim participation in the criminal justice system process.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2895 was substituted for House Bill No. 2895 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2895 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 MacEwen and Goodman 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. 2895.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2895, and the bill passed the House by the following vote: Yeas, 92; Nays, 4; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives McCaslin, Shea, Taylor and Young.

Excused: Representative Johnson.

SUBSTITUTE HOUSE BILL NO. 2895, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2807, by Representatives Dye, Moscoso, Schmick, Fey and Tarleton

Concerning heavy haul industrial corridors.

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 Dye, Clibborn, Orcutt, Fey, Wilcox and Pollet 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. 2807.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2807, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 1.

Excused: Representative Johnson.

HOUSE BILL NO. 2807, having received the necessary constitutional majority, was declared passed.

POINT OF PERSONAL PRIVILEGE

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

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

There being no objection, the Committee on Rules was relieved of HOUSE BILL NO. 2640 and the bill was placed on the second reading suspension calendar.

RESOLUTION

HOUSE RESOLUTION NO. 2016-4661, by Representatives Chopp, Kristiansen, Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, S. Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, and Zeiger

WHEREAS, As citizens of this country we are eternally indebted to the men and women who courageously serve in our military, who sacrifice everything in order to protect our liberties; and

WHEREAS, The families of these service men and women also serve our country by bravely supporting their husbands, wives, fathers, mothers, sisters, and brothers; and

WHEREAS, A child who loses a mother or father while that parent is serving their country is a special child who will endure deep pain throughout their lives in the absence of their mother or father; and

WHEREAS, These children deserve gratitude, much like the parents they lost, for their service and sacrifice; and

WHEREAS, The Gold Star Child Program works to recognize, support, and empower American children who have a parent who died while serving in the United States military; and

WHEREAS, The program's slogan, "Military kids serve too!" reminds people that these children deserve respect and support; and

WHEREAS, Seattle Seahawks wide receiver and Pacific Northwest native, Jermaine Kearse, created the 15 to 1: Jermaine Kearse Foundation in 2015 to support and inspire youth in military families; and

WHEREAS, As a former youth in a military family, Mr. Kearse understands the adversity facing youth who grow up in a military family; and

WHEREAS, The 15 to 1: Jermaine Kearse Foundation's mission is to provide access to engaging experiences that serve to ignite the passions and enhance the development of youth in our military communities; and

WHEREAS, With the support of the 15 to 1: Jermaine Kearse Foundation, six Gold Star children, each with a guest of their choice, were able to attend the final Seahawks home game on December 27, 2015; and

WHEREAS, Jermaine Kearse was the Seahawks' nominee for the 2015 Salute to Service Award, which is presented by the NFL and USAA to a league member who demonstrates an exemplary commitment to honoring and supporting the military community;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the 15 to 1: Jermaine Kearse Foundation, thanks to whom the state of Washington is able to honor the service of military children; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the 15 to 1: Jermaine Kearse Foundation and the Gold Star Children.

The Speaker (Representative Moeller presiding) stated the question before the House to be adoption of House Resolution No. 4661.

HOUSE RESOLUTION NO. 4661 was adopted.

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

SECOND READING

HOUSE BILL NO. 2309, by Representatives Smith, Stanford, Griffey, Haler, Wilcox, Tharinger and Moscoso

Increasing the available term of water pollution control revolving fund program loans to reflect the 2014 amendments to the federal clean water act allowing such an increase.

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 Smith and Stanford 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. 2309.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2309, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 1.

Excused: Representative Johnson.

HOUSE BILL NO. 2309, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2430, by Representatives Stanford, Lytton, Tarleton and Fitzgibbon

Preserving water resources for an array of water supply needs, including irrigated agriculture, fish and wildlife habitat, and municipal use, by updating water conservation standards for appliances.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2430 was substituted for House Bill No. 2430 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2430 was read the second time.

Representative Stanford moved the adoption of amendment (691):

Strike everything after the enacting clause and insert the following:

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

(1) Water is a finite resource, yet clean and plentiful water is essential to both healthy communities and ecosystems. Making better use of our existing water supplies will help ensure that more water remains available for agriculture, instream flows and fish, homes and businesses, and for other socially productive purposes;

(2) Plumbing fixtures, including faucets, showerheads, toilets, and urinals, are a major year-round source of water use;

(3) Water-efficient plumbing fixtures perform as well or better than standard models and save money on water and sewer bills for the state's families, businesses, schools, and local governments;

(4) Besides saving water and reducing a customer's costs, water efficiency offers other benefits:

(a) Substantial energy savings from more efficient faucets and showerheads;

(b) Less wastewater that requires collection, treatment, and disposal; and

(5) Current Washington codes adopt nationally recognized performance and water efficiency standards by which plumbing fixtures and fitting efficiencies are measured. While Washington has not updated its water conservation standards since 1993, the current state building and plumbing codes do include standards that apply to defined types of plumbing fixtures "high efficiency toilet," "dual flush toilet," and "single flush toilet"; and

(6) The state building code council adopts and maintains the state building code and accordingly requires standards in terms of performance and nationally accepted standards. The state building code council regularly reviews updated versions of the model codes that comprise the state building code, and adopts and amends the state building code in a manner that is consistent with the state's interests as prescribed by law.

Sec. 2. RCW 90.54.180 and 2007 c 445 s 9 are each amended to read as follows:

Consistent with the fundamentals of water resource policy set forth in this chapter, state and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out water use efficiency and conservation programs and practices consistent with the following:

(1) Water efficiency and conservation programs should utilize an appropriate mix of economic incentives, cost share programs, regulatory programs, and technical and public information efforts. Programs which encourage voluntary participation are preferred. Programs should also consider the water efficiency standards established in RCW 19.27.170 and should prioritize gaps that are not covered by state efficiency standards or rules and that possess substantial potential for water conservation achievements.

(2) Increased water use efficiency and reclaimed water should receive consideration as a potential source of water in state and local water resource planning processes. In determining the cost-effectiveness of alternative water sources, consideration should be given to the benefits of conservation, waste water recycling, and impoundment of waters. Where reclaimed water is a feasible replacement source of water, it shall be used by state agencies and state facilities for nonpotable water uses in lieu of the use of potable water. For purposes of this requirement, feasible replacement source means (a) the reclaimed water is of adequate quality and quantity for the proposed use; (b) the proposed use is approved by the departments of ecology and health; (c) the reclaimed water can be reliably supplied by a local public agency or public water system; and (d) the cost of the reclaimed water is reasonable relative to the costs of conservation or other potentially available supplies of potable water, after taking into account all costs and benefits, including environmental costs and benefits.

(3) In determining the cost-effectiveness of alternative water sources, full consideration should be given to the benefits of storage which can reduce the damage to stream banks and property, increase the utilization of land, provide water for municipal, industrial, agricultural, and other beneficial uses, provide for the generation of electric power from renewable resources, and improve streamflow regimes for fishery and other instream uses.

(4) Entities receiving state financial assistance for construction of water source expansion or acquisition of new sources shall develop, and implement if cost-effective, a water use efficiency and conservation element of a water supply plan pursuant to RCW 43.20.230(1).

(5) State programs to improve water use efficiency should focus on those areas of the state in which water is overappropriated; areas that experience diminished streamflows or aquifer levels; regional areas that the governor has identified as high priority for investments in improved water quality and quantity, including the Spokane river, the Columbia river basin, and the Puget Sound; areas most likely to be affected by global warming; and areas where projected water needs, including those for instream flows, exceed available supplies.

(6) Existing and future generations of citizens of the state of Washington should be made aware of the importance of the state's water resources and the need for wise and efficient use and development of this vital resource. In order to increase this awareness, state agencies should integrate public information programs on increasing water use efficiency into existing public information efforts. This effort shall be coordinated with other levels of government, including local governments and Indian tribes.

Sec. 3. RCW 19.27.170 and 1991 c 347 s 16 are each amended to read as follows:

(1) The state building code council shall adopt rules under chapter 34.05 RCW, not later than during the 2018 code adoption period and to become effective by no later than July 1, 2019, that implement and incorporate the water conservation performance standards in this subsection and subsections (4) and (5) of this section. These standards shall apply to all new construction and all remodeling involving replacement of plumbing fixtures in all residential, hotel, motel, school, industrial, commercial use, or other occupancies determined by the council to use significant quantities of water.

(2) ((The legislature recognizes that a phasing-in approach to these new standards is appropriate. Therefore, standards in subsection (4) of this section shall take effect on July 1, 1990. The standards in subsection (5) of this section shall take effect July 1, 1993.)) By July 1, 2018, all fixtures, fittings, and toilets sold, offered for sale, or distributed in the state shall meet the requirements of subsection (4) of this section, except the following:

(a) Toilets used by children in day care facilities;

(b) Toilets used in bariatric applications;

(c) Toilets used in a correctional facility as defined in RCW 72.09.015 and juvenile confinement facilities pursuant to RCW 13.04.030; and

(d) Toilets used in any state hospital established under RCW 72.23.020, any psychiatric unit of a hospital licensed under chapter 70.41 RCW, any licensed service provider licensed under chapter 71.24 RCW, or any evaluation and treatment facility as defined in RCW 71.05.020.

(3)(a) No individual, public or private corporation, firm, political subdivision, government agency, or other legal entity may, for purposes of use in this state, distribute, sell, offer for sale, import, install, or approve for installation any plumbing fixtures unless the fixtures meet the standards as provided for in this section.

(b) If a retailer is able to show proof that a product prohibited for sale under this subsection was in stock and physically in the retail location before the effective date of this section, that retail location may sell that product until it is depleted, or until January 1, 2019.

(4)(a) Standards for water use efficiency effective by no later than July 1, ((~~1990~~)) 2019.

((~~(a)~~)) (i) Standards for waterclosets. The ((~~guideline~~)) requirement for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

Tank-type toilets ................................................	((~~3.5~~)) 1.28 gpf.
Flushometer((~~-valve~~)) nontank toilets ............	((~~3.5~~)) 1.6 gpf.
((~~Flushometer-tank toilets~~ .................................	~~3.5 gpf.~~
~~Electromechanical hydraulic toilets~~ ........	~~3.5 gpf.~~))

((~~(b)~~)) (ii) Standard for urinals. The ((~~guideline~~)) requirement for maximum water use allowed for any urinal is ((~~3.0~~)) 0.5 gallons per flush.

((~~(c)~~)) (iii) Standard for showerheads. The guideline for maximum water use allowed for any showerhead is ((~~3.0~~)) 2.5 gallons per minute.

((~~(d)~~)) (iv) Standard for faucets. The ((~~guideline~~)) requirement for maximum water use allowed in gallons per minute (gpm) for any of the following faucets and replacement aerators is the following:

((~~Bathroom~~)) Lavatory faucets .......................	((~~3.0~~)) 1.2 gpm.
Public lavatory faucets other than metered .......................................................	((~~3.0~~)) 0.5 gpm.
Kitchen faucets ...................................................	((~~3.0~~)) 2.2 gpm.
Replacement aerators .......................................	((~~3.0~~)) 2.2 gpm.

((~~(e)~~)) (v) Except where designed and installed for use by ((~~the physically handicapped~~)) individuals with disabilities, lavatory faucets located in restrooms intended for use by the general public must be equipped with a metering valve designed to close by spring or water pressure when left unattended (self-closing). Metered faucets must deliver a maximum of 0.26 gallons per cycle.

((~~(f)~~)) (vi) No urinal or watercloset that operates on a continuous flow or continuous flush basis shall be permitted.

(b) The water efficiency standards adopted pursuant to this subsection (4) do not apply to alternative technologies that do not rely on water flushing in order to function, including incineration toilets or composting toilets.

(5) Standards for water use efficiency effective July 1, ((~~1993~~)) 2022.

((~~(a)~~)) Standards for waterclosets. The ((~~guideline~~)) requirement for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

((~~Tank-type toilets~~ ..............................................	~~1.6 gpf.~~))
Flushometer((~~-tank~~)) toilets ..............................	((~~1.6~~)) 1.28 gpf.
((~~Electromechanical hydraulic toilets~~ .............	~~1.6 gpf.~~

~~(b) Standards for urinals. The guideline for maximum water use allowed for any urinal is 1.0 gallons per flush.~~

~~(c) Standards for showerheads. The guideline for maximum water use allowed for any showerhead is 2.5 gallons per minute.~~

~~(d) Standards for faucets. The guideline for maximum water use allowed in gallons per minute for any of the following faucets and replacement aerators is the following:~~

~~Bathroom faucets~~ ......................................	~~2.5 gpm.~~
~~Lavatory faucets~~ ........................................	~~2.5 gpm.~~
~~Kitchen faucets~~ ...........................................	~~2.5 gpm.~~
~~Replacement aerators~~ ...............................	~~2.5 gpm.~~

(e) Except where designed and installed for use by the physically handicapped, lavatory faucets located in restrooms intended for use by the general public must be equipped with a metering valve designed to close by water pressure when unattended (self-closing).

~~(f) No urinal or watercloset that operates on a continuous flow or continuous basis shall be permitted.~~))

(6) The building code council shall ((establish methods and procedures for testing and identifying fixtures that meet the standards established in subsection (5) of this section. The council shall use the testing standards designated as American national standards, written under American national standards institute procedures or other widely recognized national testing standards. The council shall either review test results from independent testing laboratories that are submitted by manufacturers of plumbing fixtures or accept data submitted to and evaluated by the international association of plumbing and mechanical officials. The council shall publish and widely distribute a current list of fixtures that meet the standards established in subsection (5) of this section.

~~(7) The building code council shall adopt rules for marking and labeling fixtures meeting the standards established in subsection (5) of this section.~~

(8) This section shall not apply to fixtures installed before July 28, 1991, that are removed and relocated to another room or area of the same building after July 28, 1991, nor shall it apply to fixtures, as determined by the council, that in order to perform a specialized function, cannot meet the standards specified in this section)) recognize conformity assessment bodies conforming to ISO/IEC 17065 requirements for bodies certifying products, processes, and services for the testing and listing of fixtures and fittings as adopted in the state building code and the standards as established in subsections (1), (4), and (5) of this section.

((~~(9)~~)) (7) The water conservation performance standards shall supersede all local government codes. After ((~~July 1, 1990~~)) the rule effective date established in subsection (1) of this section, cities, towns, and counties shall not amend the code revisions and standards established under subsection (4) or (5) of this section."

Correct the title.

Representatives Stanford and Buys spoke in favor of the adoption of the amendment.

Amendment (691) 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 Stanford spoke in favor of the passage of the bill.

Representative Buys spoke against the passage of the bill.

MOTION

On motion of Representative Harris, Representative MacEwen was excused.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2430.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2430, and the bill passed the House by the following vote: Yeas, 50; Nays, 45; Absent, 0; Excused, 2.

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

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

Excused: Representatives Johnson and MacEwen.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2430, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2575, by Representatives Farrell, Fitzgibbon, Peterson, Walkinshaw, Frame, McBride, Stanford, Jinkins, Ormsby, Gregerson, Senn, Pollet and Tharinger

Continuing state efforts to increase oil transportation safety.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2575 was substituted for House Bill No. 2575 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2575 was read the second time.

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

Representatives Farrell and 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 Substitute House Bill No. 2575.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2575, and the bill passed the House by the following vote: Yeas, 93; Nays, 2; Absent, 0; Excused, 2.

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

Voting nay: Representatives Chandler and Taylor.

Excused: Representatives Johnson and MacEwen.

SUBSTITUTE HOUSE BILL NO. 2575, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1645, by Representatives Pollet, Harris, Carlyle, Cody, Johnson, Tharinger, Robinson, Lytton, Kagi, Ryu, S. Hunt, Farrell, Moscoso, Riccelli, McBride and Jinkins

Concerning youth substance use prevention associated with tobacco and drug delivery e-cigarettes and vapor products.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 1645 was substituted for House Bill No. 1645 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1645 was read the second time.

Representative Cody moved the adoption of amendment (685):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 4. (1) The legislature finds that the availability and use of nicotine vapor inhalation products, such as e-cigarettes, e-devices, and vape pens, have increased dramatically in recent years, and that the use of such products has become commonplace in this state on the part of both adults and youth. The low cost of e-cigarettes and nicotine liquids for vapor products, as compared to cigarettes, is a key factor with respect to the popularity of such products. Despite the increasing popularity of vapor products and the resultant rapid expansion of the vapor products market, commerce in such products is wholly unregulated at the state level and is not subject to the legal requirements regarding youth access, public health disclosures, licensing, or taxation, applicable to commerce in cigarettes and other tobacco products.

(2) The potential public health risks posed by vapor products are many-faceted, and include nicotine addiction, liquid nicotine poisoning, the potential inhalation of carcinogens and toxic substances, and the adverse effects of nicotine on adolescent brain development. When exposed to heat, the nicotine solutions used in vapor products can generate a range of chemical byproducts that may have adverse health consequences when inhaled. The specific chemistry of the liquid nicotine solutions used in vapor products is not standardized and neither manufacturers nor retailers are required to disclose the chemical contents of the solutions. Consumers, therefore, have no way of determining exactly what substances they are inhaling or what the health consequences of such inhalation might be.

(3) When absorbed through the skin liquid nicotine may be toxic to both adults and children. In Washington, poison center calls related to vapor products have increased from two in 2010 to one hundred forty-four in the first nine months of 2014, ninety-seven of which involved children. Of the calls involving children, eighty-four percent were one to three years old. However, due to the current lack of regulation, vapor product manufacturers, distributors, and retailers are not subject to labeling and advertising requirements or other regulations designed to provide consumers with product safety warnings or other health-related information.

(4) The current easy access to vapor products is particularly problematic with respect to teenagers. A study conducted by the Centers for Disease Control and Prevention (CDC) reported that in 2013 more than a quarter of a million youth who had never smoked a cigarette had used vapor products. The CDC also noted that in 2011 this number was seventy-nine thousand, which increased to more than two hundred sixty-three thousand in 2013, thus reflecting a more than threefold increase in the number of youth using vapor products during this three-year period. Such statistics underscore the urgent need for the creation of a comprehensive regulatory framework governing commerce in vapor products, especially with respect to restricting access to such products by children and teenagers.

(5) It is well-understood that the ability to make rational decisions regarding risky behaviors such as smoking cigarettes and drinking alcohol is less developed in teenagers as compared to adults, and our legal system has traditionally responded by protecting teenagers from such risks through the restriction or prohibition of teen involvement in such activities. As is the case with commerce in cigarettes and alcohol, the vapor products market requires regulatory oversight that focuses upon preventing children and teenagers from accessing and using products that can cause addiction and other adverse health consequences.

(6) In order to ensure that youth access to vapor products is subject to comprehensive regulatory controls, it is imperative that the statutory framework for the regulation of vapor products includes a prohibition on the shipment or transportation of vapor products purchased at retail through the internet. Simply requiring motor carrier delivery companies to verify the age of the customer at the time of delivery is not an option, insofar as the United States supreme court has ruled that such state-imposed age verification procedures are preempted by federal laws regulating the services that may be provided by motor carriers. Furthermore, allowing consumers to make vapor products purchases via the internet would make it all but impossible to ensure that vapor products purchased by state residents meet state legal standards regarding child-resistant packaging and public health disclosure requirements. Accordingly, a complete ban on internet sales is the least restrictive, and most practical, means of preventing minors from making illegal purchases and ensuring that vapor products meet state packaging and product disclosure standards.

(7) Although it is clear that commerce in vapor products should be subject to stringent regulatory controls, the development of a regulatory framework must be tempered by an awareness of the potential for creating an illegal black market in vapor products. If regulatory measures related to licensing and taxation unduly restrict the development of the market, and thus cause extreme increases in retail prices, then the stage will be set for the emergence of a black market similar to that experienced by the cigarette industry.

(8) The legislature finds, therefore, that this act is necessary to protect the public health, safety, and welfare by preventing youth from having access to addictive vapor products, ensuring that consumers have accurate information about potentially dangerous products, and protecting the public from nicotine poisoning.

Sec. 5. RCW 26.28.080 and 2013 c 47 s 1 are each amended to read as follows:

(1) ((~~Every~~)) A person who sells or gives, or permits to be sold or given, to ((~~any~~)) a person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product is guilty of a gross misdemeanor.

(2) It ((~~shall be no~~)) is not a defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

(3) For the purposes of this section, "vapor product" ((means a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. Vapor product does not include any product that is regulated by the United States food and drug administration under chapter V of the federal food, drug, and cosmetic act)) has the same meaning as provided in RCW 70.155.010.

Sec. 6. RCW 28A.210.310 and 1997 c 9 s 1 are each amended to read as follows:

(1) To protect children in the public schools of this state from exposure to the addictive substance of nicotine, each school district board of directors ((~~shall~~)) must have a written policy mandating a prohibition on the use of all tobacco products and vapor products on public school property, in school-owned and other approved vehicles used to transport students to and from school or school activities, and at school-sponsored or school-approved activities.

(2) The policy in subsection (1) of this section ((~~shall~~)) must include, but not be limited to, a requirement that students and school personnel be notified of the prohibition, the posting of signs prohibiting the use of tobacco products and vapor products, sanctions for students and school personnel who violate the policy, and a requirement that school district personnel enforce the prohibition. Enforcement policies adopted in the school board policy ((~~shall be~~)) are in addition to the enforcement provisions in RCW 70.160.070.

(3) For purposes of this section, "vapor product" means any: (a) Device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (b) cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or (c) solution or substance intended for use in such a device, including, but not limited to, concentrated nicotine. "Vapor product" includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, vape pens, or similar products or devices, as well as any parts that can be used to build such products or devices. "Vapor product" does not include any drug, device, or combination product approved for sale by the United States food and drug administration that is marketed and sold for such approved purpose.

Sec. 7. RCW 70.155.010 and 2009 c 278 s 1 are each amended to read as follows:

The definitions ((~~set forth~~)) in this section and RCW 82.24.010 ((~~shall apply to this chapter. In addition, for the purposes of this chapter, unless otherwise required by the context:~~)) apply throughout this chapter unless the context clearly requires otherwise.

(1) "Board" means the Washington state liquor ((~~control~~)) and cannabis board.

(2) "Concentrated nicotine" means any solution or substance with a nicotine concentration greater than ten milligrams per milliliter.

(3) "Department" means the department of health.

(4) "Distributor" means: (a) Any person who sells vapor products to persons other than ultimate consumers; or (b) any person who meets the definition of distributor under RCW 82.26.010.

(5) "Internet" means any computer network, telephonic network, or other electronic network.

((~~(3)~~)) (6) "Manufacturer" means any person, including but not limited to a repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a vapor product or who imports a finished vapor product for sale or distribution into the United States.

(7) "Minor" refers to an individual who is less than eighteen years old.

((~~(4)~~)) (8) "Packaging" means a pack, box, carton, wrapping, or container of any kind in which a vapor product is sold or offered for sale to a consumer.

(9) "Person" means any natural person, partnership, firm, joint stock company, corporation, or other legal entity, including an employee of any such entity.

(10) "Retailer" means any person engaged in the business of selling tobacco products or vapor products to ultimate consumers.

(11) "Sale" means any transfer, exchange, or barter, in any manner or by any means, for consideration, and includes all sales made by any person. "Sale" includes a gift by a person engaged in the business of selling tobacco products or vapor products for advertising, promoting, or as a means of evading the provisions of this chapter.

(12) "Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes.

((~~(5)~~)) (13) "Sampling" means the distribution of samples to members of the public.

((~~(6)~~)) (14) "Tobacco product" means a product that contains tobacco and is intended for human use, including ((~~any product~~)) "cigarettes" defined in RCW 82.24.010((~~(2)~~)) or "tobacco products" defined in RCW 82.26.010((~~(1)~~)), except that for the purposes of RCW 70.155.140 only, "tobacco product" does not include cigars defined in RCW 82.26.010 as to which one thousand units weigh more than three pounds.

(15) "Vapor product" means any: (a) Device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (b) cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or (c) solution or substance intended for use in such a device, including, but not limited to, concentrated nicotine. "Vapor product" includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, vape pens, or similar products or devices, as well as any parts that can be used to build such products or devices. "Vapor product" does not include any drug, device, or combination product approved for sale by the United States food and drug administration that is marketed and sold for such approved purpose.

Sec. 8. RCW 70.155.020 and 1993 c 507 s 3 are each amended to read as follows:

A person who holds a license issued under RCW ((~~82.24.520 or 82.24.530 shall~~)) 82.24.510, 82.26.150, or section 23 of this act must:

(1) Display the license or a copy in a prominent location at the outlet for which the license is issued; and

(2)(a) Display a sign concerning the prohibition of tobacco product and vapor product sales to minors.

(b) Such sign ((~~shall~~)) must:

((~~(a)~~)) (i) Be posted so that it is clearly visible to anyone purchasing tobacco products or vapor products from the licensee;

((~~(b)~~)) (ii) Be designed and produced by the department of health to read: "THE SALE OF TOBACCO PRODUCTS AND VAPOR PRODUCTS TO PERSONS UNDER AGE 18 IS STRICTLY PROHIBITED BY STATE LAW. IF YOU ARE UNDER 18, YOU COULD BE PENALIZED FOR PURCHASING A TOBACCO PRODUCT OR A VAPOR PRODUCT; PHOTO ID REQUIRED"; and

((~~(c)~~)) (iii) Be provided free of charge by the ((~~liquor control~~)) board.

NEW SECTION. Sec. 9. A new section is added to chapter 70.155 RCW to read as follows:

A person who holds a license issued under chapter 82.24 or 82.26 RCW or section 23 of this act must conduct the business and maintain the premises in compliance with Titles 9 and 9A RCW and chapter 69.50 RCW.

Sec. 10. RCW 70.155.030 and 1994 c 202 s 1 are each amended to read as follows:

Unless preempted by federal law, no person ((~~shall~~)) may sell or permit to be sold any tobacco product or vapor product through any device that mechanically dispenses tobacco products or vapor products unless the device is located fully within premises from which minors are prohibited or in industrial worksites where minors are not employed and not less than ten feet from all entrance or exit ways to and from each premises. The board ((~~shall~~)) must adopt rules that allow an exception to the requirement that a device be located not less than ten feet from all entrance or exit ways to and from a premises if it is architecturally impractical for the device to be located not less than ten feet from all entrance and exit ways.

Sec. 11. RCW 70.155.050 and 2006 c 14 s 3 are each amended to read as follows:

(1) Unless preempted by federal law, no person may engage in the business of sampling tobacco products or vapor products.

(2) ((~~A violation of this section is a misdemeanor.~~)) No person may offer a tasting of vapor products to the general public unless:

(a) The person is a licensed retailer under section 23 of this act;

(b) The tastings are offered only within the licensed premises operated by the licensee and the products tasted are not removed from within the licensed premises by the customer; and

(3) A violation of this section is a misdemeanor.

Sec. 12. RCW 70.155.070 and 1993 c 507 s 8 are each amended to read as follows:

No person ((~~shall~~)) may give or distribute vapor products, cigarettes, or other tobacco products to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store.

Sec. 13. RCW 70.155.140 and 2009 c 278 s 2 are each amended to read as follows:

(1) A person may not:

(a) Ship or transport, or cause to be shipped or transported, any tobacco product or vapor product ordered or purchased by mail or through the internet to anyone in this state other than a licensed wholesaler, distributor, or retailer; or

(b) With knowledge or reason to know of the violation, provide substantial assistance to a person who is in violation of this section.

(2) This section does not prohibit shipping, selling, or transporting, or causing to be sold, shipped, or transported, concentrated nicotine ordered or purchased by mail or through the internet to a person who:

(a) Is engaged in business in this state;

(b) Has a documented commercial or industrial need for concentrated nicotine that is not related to the sale, distribution, or manufacture of vapor products; and

(3)(a) A person who knowingly violates subsection (1) of this section is guilty of a class C felony, except that the maximum fine that may be imposed is five thousand dollars.

(b) In addition to or in lieu of any other civil or criminal remedy provided by law, a person who has violated subsection (1) of this section is subject to a civil penalty of up to five thousand dollars for each violation. The attorney general, acting in the name of the state, may seek recovery of the penalty in a civil action in superior court. For purposes of this subsection, each shipment or transport of tobacco products or vapor products constitutes a separate violation.

((~~(3)~~)) (4) The attorney general may seek an injunction in superior court to restrain a threatened or actual violation of subsection (1) of this section and to compel compliance with subsection (1) of this section.

((~~(4)~~)) (5) Any violation of subsection (1) of this section is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and an unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Standing to bring an action to enforce RCW 19.86.020 for violation of subsection (1) of this section lies solely with the attorney general. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.

((~~(5)~~)) (6)(a) In any action brought under this section, the state is entitled to recover, in addition to other relief, the costs of investigation, expert witness fees, costs of the action, and reasonable attorneys' fees.

(b) If a court determines that a person has violated subsection (1) of this section, the court ((~~shall~~)) must order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the general fund.

((~~(6)~~)) (7) Unless otherwise expressly provided, the penalties or remedies, or both, under this section are in addition to any other penalties and remedies available under any other law of this state.

NEW SECTION. Sec. 14. A new section is added to chapter 70.155 RCW to read as follows:

(1) The packaging for a vapor product must have a label disclosing the amount of nicotine in milligrams per milliliter of liquid along with the total volume of the liquid contents of the product in milliliters. The manufacturer and the distributor of a vapor product are each responsible for such labeling and may not market, distribute, or offer for sale a vapor product that does not meet this labeling requirement. The board must specify by rule the uniform testing methodology that must be used by manufacturers and distributors in determining the nicotine content of a vapor product for the purposes of this required disclosure. If the federal government adopts or requires a different testing methodology or standard, the federal methodology or standard preempts board rules adopted under this subsection (1). The board and the department may utilize revenues derived from licensing fees to conduct vapor product testing in order to verify the accuracy of a nicotine content disclosure. The board must adopt rules regarding the penalties to be imposed upon a manufacturer or distributor for a violation of this subsection (1).

(2) In addition to the labeling required under subsection (1) of this section, and subject to the provisions of this section, the board, in consultation with the department, must adopt rules regarding vapor product labeling and advertising disclosure requirements. These rules must address requirements regarding product health and safety warnings and the disclosure of the ingredients contained in vapor products that are advertised or offered for sale in this state.

(3) Prior to the adoption of the rules required under this section, the board and the department must jointly conduct a study that includes:

(a) The identification of the chemicals and substances commonly found in the liquids contained in vapor products;

(b) The identification of the chemicals and substances contained in the vapors or aerosols emitted from vapor products;

(c) The determination of whether any of the chemicals or substances contained within, or emitted from, vapor products contain toxins or carcinogens, or otherwise pose a risk to public health and safety; and

(d) Any other matter relating to potential health risks posed by the use of vapor products, as determined by the board and the department.

(4) In conducting the study, the board and the department must consult with the following:

(a) Scientists, physicians, researchers, academics, or other professionals with expertise relevant to the understanding of the design, operation, and/or health effects of vapor products;

(b) Public health professionals and organizations;

(d) Governmental representatives; and

(e) Other individuals or entities with relevant expertise, as determined by the board and the department.

(5) Upon completion of the study, and prior to the adoption of the rules authorized under this section, the board must prepare a written report regarding the results of the study and containing findings and recommendations regarding vapor product labeling and advertising requirements. The report must be submitted to the governor and the appropriate committees of the legislature not later than December 1, 2016.

NEW SECTION. Sec. 15. A new section is added to chapter 70.155 RCW to read as follows:

(1) Unless preempted by federal law, the board is authorized to promulgate rules regulating the chemical composition of the liquids contained in vapor products, including substances included for flavoring purposes. In developing such rules the board must consult with the department.

(2) Upon request by the board or the department, either the manufacture or the distributor of a vapor product must provide the board with a list of all substances, and their relative proportions, contained in the liquid contents of the product.

(3) The board may prohibit the sale of vapor products that contain or emit chemicals or substances, other than nicotine, that pose a substantial threat to public health and safety.

NEW SECTION. Sec. 16. A new section is added to chapter 70.155 RCW to read as follows:

(1) No person may offer a tobacco product or a vapor product for sale in an open, unsecured display that is accessible to the public without the intervention of a store employee.

(2) This section does not apply to a person licensed under RCW 82.24.520, 82.24.530, 82.26.160, 82.26.170, or section 23 of this act if access to the licensed premises is restricted to individuals who are eighteen years of age or older.

NEW SECTION. Sec. 17. A new section is added to chapter 70.155 RCW to read as follows:

(1) Unless preempted by federal law, any substance intended for use in a vapor product that is sold at retail in this state must satisfy the child-resistant effectiveness standards under 16 C.F.R. Sec. 1700, the poison prevention packaging act, as it existed on the effective date of this section, or such subsequent date as may be provided by the board by rule, consistent with the purposes of this section.

(2) A substance contained in a cartridge sold, marketed, or intended for use in a vapor product that is prefilled and sealed by the manufacturer, and not intended to be opened by the consumer, is exempt from subsection (1) of this section.

(3) A manufacturer that knowingly sells or distributes a substance intended for use in a vapor product that does not satisfy the requirements of this section is guilty of a class C felony.

(4) The provisions of this section are null and void and of no force and effect, upon the effective date of final regulations issued by the United States food and drug administration or from any other federal agency, where such regulations mandate child-resistant effectiveness standards for liquid nicotine containers.

NEW SECTION. Sec. 18. A new section is added to chapter 70.155 RCW to read as follows:

A person may not sell, offer for sale, or possess with intent to sell or offer for sale any vapor product within the state that contains a substance that increases the absorption of nicotine as determined by the board in consultation with the department.

Sec. 19. RCW 70.155.080 and 2002 c 175 s 47 are each amended to read as follows:

(1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes ((or)), tobacco products, or vapor products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in up to four hours of community restitution, or both. The court may also require participation in a ((~~smoking~~)) cessation program. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a ((~~liquor control~~)) board, law enforcement, or local health department activity.

(2) Municipal and district courts within the state have jurisdiction for enforcement of this section.

Sec. 20. RCW 70.155.090 and 2006 c 14 s 4 are each amended to read as follows:

(1) Where there may be a question of a person's right to purchase or obtain tobacco products or vapor products by reason of age, the retailer or agent thereof((~~, shall~~)) must require the purchaser to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: (a) ((~~Liquor control authority card of identification of a state or province of Canada; (b)~~)) Driver's license, instruction permit, or identification card of a state or province of Canada; ((~~(c)~~)) (b) "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; ((~~(d)~~)) (c) United States military identification; ((~~(e)~~)) (d) passport; ((~~(f)~~)) (e) enrollment card, issued by the governing authority of a federally recognized Indian tribe located in Washington, that incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses. At least ninety days prior to implementation of an enrollment card under this subsection, the appropriate tribal authority ((~~shall~~)) must give notice to the board. The board ((~~shall~~)) must publish and communicate to licensees regarding the implementation of each new enrollment card; or ((~~(g)~~)) (f) merchant marine identification card issued by the United States coast guard.

(2) It is a defense to a prosecution under RCW 26.28.080 that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The ((~~liquor control~~)) board ((~~shall~~)) must waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.

Sec. 21. RCW 70.155.100 and 2006 c 14 s 5 are each amended to read as follows:

(1) The ((~~liquor control~~)) board may suspend or revoke a retailer's license issued under RCW 82.24.510(1)(b), 82.26.150(1)(b), or section 23(1)(b) of this act held by a business at any location, or may impose a monetary penalty as set forth in subsection (2) of this section, if the ((~~liquor control~~)) board finds that the licensee has violated RCW 26.28.080, 70.155.020((~~, 70.155.030, 70.155.040, 70.155.050, 70.155.070, or 70.155.090~~)) through 70.155.070, 70.155.090, sections 6 and 12 through 15 of this act, or 21 C.F.R. Sec. 1140.14 as it exists on the effective date of this section.

(2) The sanctions that the ((~~liquor control~~)) board may impose against a person licensed under RCW ((~~82.24.530~~)) 82.24.510(1)(b), 82.26.150(1)(b), or section 23(1)(b) of this act based upon one or more findings under subsection (1) of this section may not exceed the following:

(a) For violations of RCW 26.28.080 ((or)), 70.155.020, sections 12, 14, and 15 of this act, or 21 C.F.R. Sec. 1140.14, and for violations of RCW 70.155.040 occurring on the licensed premises:

(i) A monetary penalty of ((~~one~~)) two hundred dollars for the first violation within any ((~~two~~)) three-year period;

(ii) A monetary penalty of ((~~three~~)) six hundred dollars for the second violation within any ((~~two~~)) three-year period;

(iii) A monetary penalty of ((~~one~~)) two thousand dollars and suspension of the license for a period of six months for the third violation within any ((~~two~~)) three-year period;

(iv) A monetary penalty of ((~~one~~)) three thousand ((~~five hundred~~)) dollars and suspension of the license for a period of twelve months for the fourth violation within any ((~~two~~)) three-year period;

(v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any ((~~two~~)) three-year period;

(b) For violations of section 6 of this act, suspension or revocation of the license;

(c) For violations of RCW 70.155.030, a monetary penalty in the amount of ((~~one~~)) two hundred dollars for each day upon which such violation occurred;

((~~(c) For violations of RCW 70.155.040 occurring on the licensed premises:~~

~~(i) A monetary penalty of one hundred dollars for the first violation within any two-year period;~~

~~(ii) A monetary penalty of three hundred dollars for the second violation within any two-year period;~~

~~(iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third violation within any two-year period;~~

~~(iv) A monetary penalty of one thousand five hundred dollars and suspension of the license for a period of twelve months for the fourth violation within any two-year period;~~

~~(v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;~~))

(d) For violations of RCW 70.155.050 or section 13 of this act, a monetary penalty in the amount of ((~~three~~)) six hundred dollars for each violation;

(e) For violations of RCW 70.155.070, a monetary penalty in the amount of ((~~one~~)) two thousand dollars for each violation.

(3) The ((~~liquor control~~)) board may impose a monetary penalty upon any person other than a licensed cigarette, tobacco product, or vapor product retailer if the ((~~liquor control~~)) board finds that the person has violated RCW 26.28.080, 70.155.020((~~, 70.155.030, 70.155.040, 70.155.050, 70.155.070, or 70.155.090~~)) through 70.155.070, 70.155.090, or sections 12 through 15 of this act.

(4) The monetary penalty that the ((~~liquor control~~)) board may impose based upon one or more findings under subsection (3) of this section may not exceed the following:

(a) For violations of RCW 26.28.080 ((~~or 70.155.020, fifty~~)), 70.155.020, or sections 12, 14, and 15 of this act, one hundred dollars for the first violation and ((~~one~~)) two hundred dollars for each subsequent violation;

(b) For violations of RCW 70.155.030, ((~~one~~)) two hundred dollars for each day upon which such violation occurred;

(d) For violations of RCW 70.155.050 or section 13 of this act, ((~~three~~)) six hundred dollars for each violation;

(e) For violations of RCW 70.155.070, ((~~one~~)) two thousand dollars for each violation.

(5) The ((~~liquor control~~)) board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.

(6) The ((~~liquor control~~)) board may issue a cease and desist order to any person who is found by the ((~~liquor control~~)) board to have violated or intending to violate the provisions of this chapter, RCW 26.28.080 ((or)), 82.24.500, 82.26.190, or section 23 of this act, requiring such person to cease specified conduct that is in violation. The issuance of a cease and desist order ((~~shall~~)) does not preclude the imposition of other sanctions authorized by this statute or any other provision of law.

(7) The ((~~liquor control~~)) board may seek injunctive relief to enforce the provisions of RCW 26.28.080 ((or)), 82.24.500, 82.26.190, section 23 of this act, or this chapter. The ((~~liquor control~~)) board may initiate legal action to collect civil penalties imposed under this chapter if the same have not been paid within thirty days after imposition of such penalties. In any action filed by the ((~~liquor control~~)) board under this chapter, the court may, in addition to any other relief, award the ((~~liquor control~~)) board reasonable attorneys' fees and costs.

(8) All proceedings under subsections (1) through (6) of this section ((~~shall~~)) must be conducted in accordance with chapter 34.05 RCW.

(9) The ((~~liquor control~~)) board may reduce or waive either the penalties or the suspension or revocation of a license, or both, as set forth in this chapter where the elements of proof are inadequate or where there are mitigating circumstances. Mitigating circumstances may include, but are not limited to, an exercise of due diligence by a retailer. Further, the board may exceed penalties set forth in this chapter based on aggravating circumstances.

Sec. 22. RCW 70.155.110 and 1993 c 507 s 12 are each amended to read as follows:

(1) The ((~~liquor control~~)) board ((~~shall~~)) must, in addition to the board's other powers and authorities, have the authority to enforce the provisions of this chapter and RCW 26.28.080((~~(4) and~~)), 82.24.500, 82.26.190, and section 23 of this act. The ((~~liquor control~~)) board ((~~shall have~~)) has full power to revoke or suspend the license of any retailer ((or)), distributor, or wholesaler in accordance with the provisions of RCW 70.155.100.

(2) The ((~~liquor control~~)) board and the board's ((~~authorized agents~~)) enforcement officers or employees ((~~shall~~)) have full power and authority to enter any place of business where tobacco products or vapor products are sold for the purpose of enforcing the provisions of this chapter.

(3) For the purpose of enforcing the provisions of this chapter and RCW 26.28.080((~~(4) and~~)), 82.24.500, 82.26.190, and section 23 of this act, a peace officer or enforcement officer of the ((~~liquor control~~)) board who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco products or vapor products is under the age of eighteen years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, tobacco products or vapor products possessed by persons under the age of eighteen years of age are considered contraband and may be seized by a peace officer or enforcement officer of the ((~~liquor control~~)) board.

(4) The ((~~liquor control~~)) board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced((,)) inspections to assure compliance.

Sec. 23. RCW 70.155.120 and 1993 c 507 s 13 are each amended to read as follows:

(1) The youth tobacco and vapor products prevention account is created in the state treasury. All fees collected pursuant to RCW 82.24.520 ((~~and~~)), 82.24.530, 82.26.160, 82.26.170, section 23 of this act, and section 24 of this act and funds collected by the ((~~liquor control~~)) board from the imposition of monetary penalties ((~~and samplers' fees shall~~)) under this chapter must be deposited into this account, except that ten percent of all such fees and penalties ((~~shall~~)) must be deposited in the state general fund.

(2) Moneys appropriated from the youth tobacco and vapor products prevention account to the department ((~~of health shall~~)) must be used by the department ((~~of health~~)) for implementation of this chapter, including collection and reporting of data regarding enforcement and the extent to which access to tobacco products and vapor products by youth has been reduced.

(3) The department ((~~of health shall~~)) must enter into interagency agreements with the ((~~liquor control~~)) board to pay the costs incurred, up to thirty percent of available funds, in carrying out its cigarette, tobacco product, and vapor product enforcement responsibilities under this chapter and chapters 82.24 and 82.26 RCW. Such agreements ((~~shall~~)) must set forth standards of enforcement, consistent with the funding available, so as to reduce the extent to which tobacco products and vapor products are available to individuals under the age of eighteen. The agreements ((~~shall~~)) must also set forth requirements for data reporting by the ((~~liquor control~~)) board regarding its enforcement activities.

(4) The department ((~~of health~~)), the board, and the department of revenue ((~~shall~~)) must enter into an interagency agreement for payment of the cost of administering the tobacco ((~~retailer~~)) and vapor product licensing system and for the provision of quarterly documentation of tobacco and vapor product wholesaler, retailer, and vending machine names and locations.

(5) The department ((~~of health shall~~)) must, within up to seventy percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco and vapor product intervention strategies to prevent and reduce ((~~tobacco~~)) use by youth.

(6) Three percent of available funds must be provided to public institutions of higher education with postgraduate schools of public health and accredited by the council on education for public health, for the purpose of supporting research and graduate fellowships pertaining to prevention, education, and health effects related to the use of nicotine and vapor products by youth and adults.

(7) Funds from the account created under this section may be used by the board and department to conduct vapor product content testing authorized under section 11 of this act.

Sec. 24. RCW 70.155.130 and 1993 c 507 s 14 are each amended to read as follows:

(1) This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances. No political subdivision may:

((~~(1)~~)) (a) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or

((~~(2)~~)) (b) Regulate or prohibit activities covered by RCW 70.155.020 through 70.155.080. This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with chapter 507, Laws of 1993.

(2) This chapter does not preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of vapor products, provided such ordinances are consistent with the provisions of this chapter and the administrative rules adopted by the board, and do not have the effect of prohibiting the sale, purchase, promotion, or reasonable use of vapor products. Any such ordinances must not create regulatory provisions that are more restrictive than those imposed on the commercial sale or personal use of tobacco products.

NEW SECTION. Sec. 25. A new section is added to chapter 70.155 RCW to read as follows:

The board, in consultation with the department, may adopt rules to implement and enforce the requirements of this chapter.

NEW SECTION. Sec. 26. A new section is added to chapter 70.155 RCW to read as follows:

(1) The licenses issuable by the board under this chapter are as follows:

(a) A vapor product distributor's license; and

(b) A vapor product retailer's license.

(2) Application for the licenses must be made through the business licensing system under chapter 19.02 RCW. The board may adopt rules regarding the regulation of the licenses. The board may refuse to issue any license under this chapter if the board has reasonable cause to believe that the applicant has willfully withheld information requested for the purpose of determining the eligibility of the applicant to receive a license, or if the board has reasonable cause to believe that information submitted in the application is false or misleading or is not made in good faith. In addition, for the purpose of reviewing an application for a distributor's license or retailer's license and for considering the denial, suspension, or revocation of any such license, the board may consider criminal conduct of the applicant, including an administrative violation history record with the board and a criminal history record information check within the previous five years, in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions, and the provisions of RCW 9.95.240 and chapter 9.96A RCW do not apply to such cases. The board may, in its discretion, issue or refuse to issue the distributor's license or retailer's license, subject to the provisions of section 30 of this act.

(3) No person may qualify for a distributor's license or a retailer's license under this section without first undergoing a criminal background check. The background check must be performed by the board and must disclose any criminal conduct within the previous five years in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions. If the applicant or licensee also has a license issued under chapter 66.24, 82.24, or 82.26 RCW, the background check done under the authority of chapter 66.24, 82.24, or 82.26 RCW satisfies the requirements of this subsection.

(4) Each license issued under this chapter expires on the business license expiration date. The license must be continued annually if the licensee has paid the required fee and complied with all the provisions of this chapter and the rules of the board adopted pursuant to this chapter.

(5) Each license and any other evidence of the license required under this chapter must be exhibited in each place of business for which it is issued and in the manner required for the display of a business license.

(6) License issuances and renewals are subject to board authority and the rules adopted under the board including, but not limited to, rights of cities, towns, county legislative authorities, the public, churches, schools, and public institutions that object to or prevent issuance of licenses.

NEW SECTION. Sec. 27. A new section is added to chapter 70.155 RCW to read as follows:

(1)(a) No person may engage in or conduct business as a distributor or retailer in this state without a valid license issued under this chapter, except as otherwise provided by law. Any person who sells vapor products to persons other than ultimate consumers or who meets the definition of "distributor" under this chapter must obtain a distributor's license under this chapter. Any person who sells vapor products to ultimate consumers must obtain a retailer's license under this chapter.

(b) A violation of this subsection (1) is punishable as a class C felony according to chapter 9A.20 RCW.

(2) No person engaged in or conducting business as a distributor or retailer in this state may refuse to allow the enforcement officers of the board, on demand, to make full inspection of any place of business or vehicle where any of the vapor products regulated under this chapter are sold, stored, transported, or handled, or otherwise hinder or prevent such inspection. A person who violates this subsection (2) is guilty of a gross misdemeanor.

(3) Any person licensed under this chapter as a distributor, and any person licensed under this chapter as a retailer, may not operate in any other capacity unless the additional appropriate license is first secured, except as otherwise provided by law. A violation of this subsection (3) is a misdemeanor.

(4) The penalties provided in this section are in addition to any other penalties provided by law for violating the provisions of this chapter or the rules adopted under this chapter.

NEW SECTION. Sec. 28. A new section is added to chapter 70.155 RCW to read as follows:

A fee of six hundred fifty dollars must accompany each vapor product distributor's license application or license renewal application under section 23 of this act. If a distributor sells or intends to sell vapor products at two or more places of business, whether established or temporary, a separate license with a license fee of one hundred fifteen dollars is required for each additional place of business.

NEW SECTION. Sec. 29. A new section is added to chapter 70.155 RCW to read as follows:

A fee of two hundred fifty dollars must accompany each vapor product retailer's license application or license renewal application under section 23 of this act. A separate license is required for each separate location at which the retailer operates.

Sec. 30. RCW 82.24.530 and 2012 2nd sp.s. c 4 s 12 are each amended to read as follows:

A fee of ((~~ninety-three~~)) two hundred fifty dollars must accompany each retailer's license application or license renewal application. A separate license is required for each separate location at which the retailer operates. A fee of thirty additional dollars for each vending machine must accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine. An additional fee of ninety-three dollars ((~~shall~~)) must accompany each application or renewal for a license issued to a retail dealer operating a cigarette-making machine.

Sec. 31. RCW 82.26.170 and 2005 c 180 s 13 are each amended to read as follows:

(1) A fee of ((~~ninety-three dollars shall~~)) two hundred fifty dollars must accompany each retailer's license application or license renewal application. A separate license is required for each separate location at which the retailer operates.

(2) The fee imposed under subsection (1) of this section does not apply to any person applying for a retailer's license or for renewal of a retailer's license if the person has a valid retailer's license under RCW 82.24.510 for the place of business associated with the retailer's license application or renewal application.

NEW SECTION. Sec. 32. A new section is added to chapter 70.155 RCW to read as follows:

(1) Every vapor product retailer licensed under section 23 of this act must procure itemized invoices of all vapor products purchased. The invoices must show the seller's name and address, the date of purchase, and all prices and discounts.

(2) The retailer must keep at each retail outlet copies of complete, accurate, and legible invoices for that retail outlet or place of business. All invoices required to be kept under this section must be preserved for five years from the date of purchase.

(3) At any time during usual business hours the department, board, or its duly authorized agents or employees may enter any retail outlet without a search warrant, and inspect the premises for invoices required to be kept under this section and the vapor products contained in the retail outlet, to determine whether or not all the provisions of this chapter are being fully complied with. If the department, board, or any of its agents or employees are denied free access or are hindered or interfered with in making the inspection, the registration certificate issued under RCW 82.32.030 of the retailer at the premises is subject to revocation by the department, and any licenses issued under this chapter or chapter 82.26 or 82.24 RCW are subject to suspension or revocation by the board.

NEW SECTION. Sec. 33. A new section is added to chapter 70.155 RCW to read as follows:

(1) The board must enforce this chapter. The board may adopt, amend, and repeal rules necessary to enforce this chapter.

(2) The department may adopt, amend, and repeal rules necessary to administer this chapter. The board may revoke or suspend the distributor's or retailer's license of any distributor or retailer of vapor products in the state upon sufficient cause showing a violation of this chapter or upon the failure of the licensee to comply with any of the rules adopted under it.

(3) A license may not be suspended or revoked except upon notice to the licensee and after a hearing as prescribed by the board. The board, upon finding that the licensee has failed to comply with any provision of this chapter or of any rule adopted under it, must, in the case of the first offense, suspend the license or licenses of the licensee for a period of not less than thirty consecutive business days, and in the case of a second or further offense, suspend the license or licenses for a period of not less than ninety consecutive business days but not more than twelve months, and in the event the board finds the licensee has been guilty of willful and persistent violations, it may revoke the license or licenses.

(4) Any licenses issued under chapter 82.24 or 82.26 RCW to a person whose license or licenses have been suspended or revoked under this section must also be suspended or revoked during the period of suspension or revocation under this section.

(5) Any person whose license or licenses have been revoked under this section may reapply to the board at the expiration of one year of the license or licenses. The license or licenses may be approved by the board if it appears to the satisfaction of the board that the licensee will comply with the provisions of this chapter and the rules adopted under it.

(6) A person whose license has been suspended or revoked may not sell vapor products, tobacco products, or cigarettes or permit vapor products, tobacco products, or cigarettes to be sold during the period of suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form.

(7) Any determination and order by the board, and any order of suspension or revocation by the board of the license or licenses issued under this chapter, or refusal to reinstate a license or licenses after revocation is reviewable by an appeal to the superior court of Thurston county. The superior court must review the order or ruling of the board and may hear the matter de novo, having due regard to the provisions of this chapter and the duties imposed upon the board.

(8) If the board makes an initial decision to deny a license or renewal, or suspend or revoke a license, the applicant may request a hearing subject to the applicable provisions under Title 34 RCW.

NEW SECTION. Sec. 34. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 35. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 36. This act takes effect October 1, 2016."

Correct the title.

Representative Harris moved the adoption of amendment (710) to amendment (685):

0) On page 18, line 33 of the striking amendment, after "products" insert ", except that a city, county, or town may adopt an ordinance prohibiting the sale of vapor products within five hundred feet of a school"

Representatives Harris and Hurst spoke in favor of the adoption of the amendment to the amendment.

Amendment (710) to amendment (685) was adopted.

Representatives Cody and Condotta spoke in favor of the adoption of the amendment as amended.

Amendment (685), 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 Hurst and Harris spoke in favor of the passage of the bill.

Representative Condotta 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. 1645.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1645, and the bill passed the House by the following vote:Yeas, 59; Nays, 36; Absent, 0; Excused, 2.

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

Excused: Representatives Johnson and MacEwen.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1645, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1915, by Representatives S. Hunt, Harris, MacEwen, Walkinshaw, Sells, Goodman, Moscoso, Reykdal, Robinson, Kilduff, Fitzgibbon, Hayes, Hudgins, Tarleton, Appleton, Ormsby, Pollet and Bergquist

Protecting taxpayers by providing for accountability and transparency in government contracting.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1915 was substituted for House Bill No. 1915 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1915 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 Hurst spoke in favor of the passage of the bill.

Representative Holy spoke against 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. 1915.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1915, and the bill passed the House by the following vote: Yeas, 52; Nays, 43; Absent, 0; Excused, 2.

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

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

Excused: Representatives Johnson and MacEwen.

SUBSTITUTE HOUSE BILL NO. 1915, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Substitute House Bill No. 1915.

Representative Harris, 17th District

SECOND READING

HOUSE BILL NO. 2623, by Representatives Van Werven, Bergquist, Holy and Muri

Concerning recounts of statewide advisory measures.

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 Van Werven, Hunt and Buys 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. 2623.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2623, and the bill passed the House by the following vote: Yeas, 94; Nays, 1; Absent, 0; Excused, 2.

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

Voting nay: Representative Taylor.

Excused: Representatives Johnson and MacEwen.

HOUSE BILL NO. 2623, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2844, by Representatives Ormsby, Sells, Frame, Gregerson, Moscoso, Bergquist, Jinkins, Cody, Peterson, Robinson, Farrell, Riccelli, Sawyer, Pollet, Reykdal, Kilduff, Stanford, Walkinshaw, McBride and Santos

Adding training on public works and prevailing wage requirements to responsible bidder criteria.

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 Ormsby and Sells spoke in favor of the passage of the bill.

Representative Manweller 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. 2844.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2844, and the bill passed the House by the following vote: Yeas, 50; Nays, 45; Absent, 0; Excused, 2.

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

Excused: Representatives Johnson and MacEwen.

HOUSE BILL NO. 2844, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2852, by Representatives Hudgins, S. Hunt and Stanford

Establishing standards for election data and reporting.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2852 was substituted for House Bill No. 2852 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2852 was read the second time.

With the consent of the house, amendment (692) was withdrawn.

Representative Hudgins moved the adoption of amendment (701):

0) On page 2, after line 31, insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 29A.60 RCW to read as follows:

Every odd-numbered year, the secretary of state must conduct and publish a statewide survey of voted ballot rejection rates and the reasons for those rejections by county auditors and canvassing boards. The secretary of state must collect data from reconciliation reports and county auditors in order to compare county and statewide averages for rates of rejected ballots and reasons for those ballots being rejected. The data collected must include rejection rates and reasons for rejection of voted ballots for all elections. The survey must include an analysis of current practices by county auditors and canvassing boards in the acceptance and rejection of ballots, and include recommendations for improvements that minimize rejections in those practices, with a goal of statewide standardization where applicable. The results must also be analyzed and compared with available national data and recognized best practices. The secretary of state's recommendations and reports must be made available to the public."

Correct the title.

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

Amendment (701) 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 Hudgins 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 Engrossed Substitute House Bill No. 2852.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2852, and the bill passed the House by the following vote:Yeas, 93; Nays, 2; Absent, 0; Excused, 2.

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

Voting nay: Representatives Buys and Klippert.

Excused: Representatives Johnson and MacEwen.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2852, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2973, by Representative Orcutt

Concerning performance oversight of the state transportation system.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2973 was substituted for House Bill No. 2973 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2973 was read the second time.

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

Representatives Orcutt and 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 Substitute House Bill No. 2973.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2973, and the bill passed the House by the following vote: Yeas, 95; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Representatives Johnson and MacEwen.

SUBSTITUTE HOUSE BILL NO. 2973, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2274, by Representatives Harmsworth, Bergquist, Hayes, Morris, Moscoso, Pollet, Vick, Wilson, Van Werven and Haler

Concerning the filing of abandoned vehicle reports of sale. Revised for 1st Substitute: Concerning the filing of vehicle reports of sale.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2274 was substituted for House Bill No. 2274 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2274 was read the second time.

Representative Harmsworth moved the adoption of amendment (689):

On page 15, beginning on line 1, after "(25)" strike all material through "transferee." on line 7 and insert "Bring an action or initiate an arbitration proceeding on a claim for any amounts related to a transfer of sale of a vehicle when:

(a) The licensee has been informed or reasonably should know that the department of licensing transfer of sale form was filed in accordance with RCW 46.12.650 (1) through (3);

(b) The licensee has been informed or reasonably should know that the transfer of the vehicle either (i) was not made pursuant to a legal transfer or (ii) was not voluntarily accepted by the person designated as the purchaser/transferee; and

(c) Prior to the commencement of the action or arbitration, the licensee has received from the putative transferee a copy of a police report referencing that the transfer of sale of the vehicle either (i) was not made pursuant to a legal transfer or (ii) was not voluntarily accepted by the person designated as the purchaser/transferee."

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

Amendment (689) 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 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 Engrossed Substitute House Bill No. 2274.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2274, and the bill passed the House by the following vote:Yeas, 95; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Representatives Johnson and MacEwen.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2274, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2262, by Representatives Bergquist, Muri, Gregerson and Pettigrew

Creating Washington tennis special license plates.

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 Bergquist spoke in favor of the passage of the bill.

Representative McCaslin 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. 2262.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2262, and the bill passed the House by the following vote: Yeas, 83; Nays, 12; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Clibborn, Cody, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, Lytton, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Rossetti, Ryu, Santos, Schmick, Sells, Senn, Short, Smith, Springer, Stambaugh, Stokesbary, Sullivan, Tarleton, Tharinger, Van Werven, Vick, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Chandler, Condotta, DeBolt, Holy, McCaslin, Sawyer, Scott, Shea, Stanford, Taylor, Van De Wege and Wilcox.

Excused: Representatives Johnson and MacEwen.

HOUSE BILL NO. 2262, having received the necessary constitutional majority, was declared passed.

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

THIRD READING

There being no objection, the rules were suspended, and ENGROSSED SUBSTITUTE HOUSE BILL NO. 1100 was returned to second reading for the purpose of amendment.

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

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1100, by House Committee on Technology & Economic Development (originally sponsored by Representatives Morris, S. Hunt, Hudgins, Ormsby and Fey)

Creating new appliance efficiency standards.

The bill was read the second time.

With the consent of the house, amendment (589) was withdrawn.

Representative Morris moved the adoption of amendment (680):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 19.260.020 and 2009 c 565 s 18 and 2009 c 501 s 1 are each reenacted and amended to read as follows:

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

(1) "Automatic commercial ice cube machine" means a factory-made assembly, not necessarily shipped in one package, consisting of a condensing unit and ice-making section operating as an integrated unit with means for making and harvesting ice cubes. It may also include integrated components for storing or dispensing ice, or both.

(2) "Bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir as the source of potable water.

(3) "Commercial hot food holding cabinet" means a heated, fully enclosed compartment, with one or more solid or partial glass doors, that is designed to maintain the temperature of hot food that has been cooked in a separate appliance. "Commercial hot food holding cabinet" does not include heated glass merchandising cabinets, drawer warmers, or cook and hold appliances.

(4)(a) "Commercial refrigerators and freezers" means refrigerators, freezers, or refrigerator-freezers designed for use by commercial or institutional facilities for the purpose of storing or merchandising food products, beverages, or ice at specified temperatures that: (i) Incorporate most components involved in the vapor-compression cycle and the refrigerated compartment in a single cabinet; and (ii) may be configured with either solid or transparent doors as a reach-in cabinet, pass-through cabinet, roll-in cabinet, or roll-through cabinet.

(b) "Commercial refrigerators and freezers" does not include: (i) Products with 85 cubic feet or more of internal volume; (ii) walk-in refrigerators or freezers; (iii) consumer products that are federally regulated pursuant to 42 U.S.C. Sec. 6291 et seq.; (iv) products without doors; or (v) freezers specifically designed for ice cream.

(5) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

(6) "Cook and hold appliance" means a multiple mode appliance intended for cooking food that may be used to hold the temperature of the food that has been cooked in the same appliance.

(7) "Department" means the department of commerce.

(8) "Drawer warmer" means an appliance that consists of one or more heated drawers and that is designed to hold hot food that has been cooked in a separate appliance at a specified temperature.

(9) "Heated glass merchandising cabinet" means an appliance with a heated cabinet constructed of glass or clear plastic doors which, with seventy percent or more clear area, is designed to display and maintain the temperature of hot food that has been cooked in a separate appliance.

(10) "Hot water dispenser" means a small electric water heater that has a measured storage volume of no greater than one gallon.

(11) "Mini-tank electric water heater" means a small electric water heater that has a measured storage volume of more than one gallon and a rated storage volume of less than twenty gallons.

(12) "Pass-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.

(13) "Point-of-use water dispenser" means a water dispenser that uses a pressurized water utility connection as the source of potable water.

(14) "Pool heater" means an appliance designed for heating nonpotable water contained at atmospheric pressure for swimming pools, spas, hot tubs, and similar applications.

(15) "Portable electric spa" means a factory-built electric spa or hot tub, supplied with equipment for heating and circulating water.

(16) "Reach-in cabinet" means a commercial refrigerator or freezer with hinged or sliding doors or lids, but does not include roll-in or roll-through cabinets or pass-through cabinets.

(17) "Residential pool pump" means a pump used to circulate and filter pool water in order to maintain clarity and sanitation.

(18)(a) "Roll-in cabinet" means a commercial refrigerator or freezer with hinged or sliding doors that allow wheeled racks of product to be rolled into the unit.

(b) "Roll-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on two sides of the cabinet that allow wheeled racks of product to be rolled through the unit.

(19) "Showerhead" means a device through which water is discharged for a shower bath.

(20) "Showerhead tub spout diverter combination" means a group of plumbing fittings sold as a matched set and consisting of a control valve, a tub spout diverter, and a showerhead.

(21) "State-regulated incandescent reflector lamp" means a lamp that is not colored or designed for rough or vibration service applications, has an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, a rated voltage or voltage range that lies at least partially within 115 to 130 volts, and falls into one of the following categories:

(a) A bulged reflector or elliptical reflector bulb shape and which has a diameter which equals or exceeds 2.25 inches; or

(b) A reflector, parabolic aluminized reflector, or similar bulb shape and which has a diameter of 2.25 to 2.75 inches.

(22) "Tub spout diverter" means a device designed to stop the flow of water into a bathtub and to divert it so that the water discharges through a showerhead.

(23) "Wine chillers designed and sold for use by an individual" means refrigerators designed and sold for the cooling and storage of wine by an individual.

(24) "À la carte charger" means a battery charger that is individually packaged without batteries. "À la carte charger" includes those with multivoltage or multiport capabilities.

(25) "Battery analyzer" means a device:

(a) Used to analyze and report a battery's performance and overall condition;

(b) Capable of being programmed and performing service functions to restore capability in deficient batteries; and

(26) "Battery backup" or "uninterruptible power supply charger" means a small battery charger system that is voltage and frequency dependent and designed to provide power to an end-use product in the event of a power outage, and includes an uninterruptible power supply charger as defined in IEC 62040-3 ed.2.0 (March 2011). The output of the voltage and frequency dependent uninterruptible power supply charger is dependent on changes in AC input voltage and frequency and is not intended to provide additional corrective functions, such as those relating to the use of tapped transformers.

(27) "Battery charger systems" means a battery charger coupled with its batteries or battery chargers coupled with their batteries, which together are referred to as battery charger systems, including all rechargeable batteries or devices incorporating a rechargeable battery and the chargers used with them. Battery charger systems include, but are not limited to:

(a) Electronic devices with a battery that are normally charged with AC line voltage or DC input voltage through an internal or external power supply and a dedicated battery charger;

(b) The battery and battery charger components of devices that are designed to run on battery power during part or all of their operations;

(d) Devices whose primary function is to charge batteries, along with the batteries they are designed to charge. These units include chargers for power tool batteries and chargers for automotive, AA, AAA, C, D, or 9 V rechargeable batteries, as well as chargers for batteries used in larger industrial motive equipment and à la carte chargers.

(28) "Consumer product" means any article that when operated consumes energy including articles that to any significant extent are distributed in commerce for personal use or consumption by individuals. "Consumer product" does not include an automobile as defined in 49 U.S.C. Sec. 32901(a)(3).

(29) "Illuminated exit sign" means:

(a) A sign that is designed to be permanently fixed in place to identify an exit, including those products that are a combination illuminated exit sign and emergency egress lighting; and

(b) A sign that: (i) Consists of an electrically powered integral light source that illuminates the legend "EXIT" and any directional indicators; and (ii) provides contrast between the legend, any directional indicators, and the background.

(30) "Large battery charger system" means a battery charger system, other than a battery charger system for golf carts, with a rated input power of more than two kilowatts.

(31) "Small battery charger system" means a battery charger system with a rated input power of two kilowatts or less.

Sec. 2. RCW 19.260.030 and 2009 c 501 s 2 are each amended to read as follows:

(1) This chapter applies to the following types of new products sold, offered for sale, or installed in the state:

(a) Automatic commercial ice cube machines;

(b) Commercial refrigerators and freezers;

(d) Wine chillers designed and sold for use by an individual;

(e) Hot water dispensers and mini-tank electric water heaters;

(f) Bottle-type water dispensers and point-of‑use water dispensers;

(g) Pool heaters, residential pool pumps, and portable electric spas;

(h) Tub spout diverters; ((~~and~~))

(i) Commercial hot food holding cabinets; and

(j) Battery charger systems, except those:

(i) Used to charge a motor vehicle that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electrical current, and which may include a nonelectrical source of power designed to charge batteries and components thereof, including autoettes or electric personal assistive mobility devices, golf carts, and low-speed vehicles, as those vehicles are defined in division 1 of the California vehicle code in effect as of the effective date of this section;

(ii) That are classified as class II or class III devices for human use under the federal food, drug, and cosmetic act as of the effective date of this section and require United States food and drug administration listing and approval as a medical device;

(iii) Used to charge a battery or batteries in an illuminated exit sign;

(iv) With input that is three phase of line-to-line three hundred volts root mean square or more and is designed for a stationary power application;

(v) That are battery analyzers;

(vi) That are voltage independent or voltage and frequency independent uninterruptible power supplies as defined by the international electrotechnical commission 62040-3 ed.2.0 as of the effective date of this section; or

(vii) Used to charge larger industrial motive equipment such as fork lifts, burden carriers, or person carriers.

(2) This chapter applies equally to products whether they are sold, offered for sale, or installed as stand-alone products or as components of other products.

(3) This chapter does not apply to:

(a) New products manufactured in the state and sold outside the state;

(b) New products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state;

(d) Products designed expressly for installation and use in recreational vehicles.

Sec. 3. RCW 19.260.040 and 2009 c 501 s 3 are each amended to read as follows:

The minimum efficiency standards specified in this section apply to the types of new products set forth in RCW 19.260.030.

(1)(a) Automatic commercial ice cube machines must have daily energy use and daily water use no greater than the applicable values in the following table:

Equipment type	Type of cooling	Harvest rate (lbs. ice/24 hrs.)	Maximum energy use (kWh/100 lbs.)	Maximum condenser water use (gallons/100 lbs. ice)
Ice-making head	water	<500	7.80 - .0055H	200 - .022H
		˃=500<1436	5.58 - .0011H	200 - .022H
		˃=1436	4.0	200 - .022H
Ice-making head	air	450	10.26 - .0086H	Not applicable
		˃=450	6.89 - .0011H	Not applicable
Remote condensing but not remote compressor	air	<1000	8.85 - .0038	Not applicable
		˃=1000	5.10	Not applicable
Remote condensing and remote compressor	air	<934	8.85 - .0038H	Not applicable
		˃=934	5.3	Not applicable
Self-contained models	water	<200	11.40 - .0190H	191 - .0315H
		˃=200	7.60	191 - .0315H
Self-contained models	air	<175	18.0 - .0469H	Not applicable
		˃=175	9.80	Not applicable
Where H= harvest rate in pounds per twenty-four hours which must be reported within 5% of the tested value. "Maximum water use" applies only to water used for the condenser.

(b) For purposes of this section, automatic commercial ice cube machines shall be tested in accordance with the ARI 810-2003 test method as published by the air-conditioning and refrigeration institute. Ice-making heads include all automatic commercial ice cube machines that are not split system ice makers or self-contained models as defined in ARI 810-2003.

(2)(a) Commercial refrigerators and freezers must meet the applicable requirements listed in the following table:

Equipment Type	Doors	Maximum Daily Energy Consumption (kWh)
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are refrigerators	Solid	0.10V+ 2.04
	Transparent	0.12V+ 3.34
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are "pulldown" refrigerators	Transparent	.126V+ 3.51
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are freezers	Solid	0.40V+ 1.38
	Transparent	0.75V+ 4.10
Reach-in cabinets that are refrigerator-freezers with an AV of 5.19 or higher	Solid	0.27AV - 0.71
kWh= kilowatt-hours V= total volume (ft³) AV= adjusted volume= H:\DATA\2016 JOURNAL\Journal2016\LegDay033\1.63 x freezer volume (ft3).doc+ refrigerator volume (ft³)

(b) For purposes of this section, "pulldown" designates products designed to take a fully stocked refrigerator with beverages at 90 degrees Fahrenheit and cool those beverages to a stable temperature of 38 degrees Fahrenheit within 12 hours or less. Daily energy consumption shall be measured in accordance with the American national standards institute/American society of heating, refrigerating and air-conditioning engineers test method 117-2002, except that the back-loading doors of pass-through and roll-through refrigerators and freezers must remain closed throughout the test, and except that the controls of all appliances must be adjusted to obtain the following product temperatures.

Product or compartment type	Integrated average product temperature in degrees Fahrenheit
Refrigerator	38+ 2
Freezer	0+ 2

(3)(a) The lamp electrical power input of state-regulated incandescent reflector lamps shall meet the minimum average lamp efficacy requirements for federally regulated incandescent reflector lamps specified in 42 U.S.C. Sec. 6295(i)(l)(A)-(B).

(b) The following types of incandescent lamps are exempt from these requirements:

(i) Lamps rated at fifty watts or less of the following types: BR 30, ER 30, BR 40, and ER 40;

(ii) Lamps rated at sixty-five watts of the following types: BR 30, BR 40, and ER 40; and

(iii) R 20 lamps of forty-five watts or less.

(4)(a) Wine chillers designed and sold for use by an individual must meet requirements specified in the California Code of Regulations, Title 20, section 1605.3 in effect as of July 26, 2009.

(b) Wine chillers designed and sold for use by an individual shall be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.

(5)(a) The standby energy consumption of bottle‑type water dispensers, and point‑of‑use water dispensers, dispensing both hot and cold water, manufactured on or after January 1, 2010, shall not exceed 1.2 kWh/day.

(b) The test method for water dispensers shall be the environmental protection agency energy star program requirements for bottled water coolers version 1.1.

(6)(a) The standby energy consumption of hot water dispensers and mini-tank electric water heaters manufactured on or after January 1, 2010, shall be not greater than 35 watts.

(b) This subsection does not apply to any water heater:

(i) That is within the scope of 42 U.S.C. Sec. 6292(a)(4) or 6311(1);

(ii) That has a rated storage volume of less than 20 gallons; and

(iii) For which there is no federal test method applicable to that type of water heater.

(c) Hot water dispensers shall be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.

(d) Mini-tank electric water heaters shall be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.

(7) The following standards are established for pool heaters, residential pool pumps, and portable electric spas:

(a) Natural gas pool heaters shall not be equipped with constant burning pilots.

(b) Residential pool pump motors manufactured on or after January 1, 2010, must meet requirements specified in the California Code of Regulations, Title 20, section 1605.3 in effect as of July 26, 2009.

(c) Portable electric spas manufactured on or after January 1, 2010, must meet requirements specified in the California Code of Regulations, Title 20, section 1605.3 in effect as of July 26, 2009.

(d) Portable electric spas must be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.

(8)(a) The leakage rate of tub spout diverters shall be no greater than the applicable requirements shown in the following table:

		Maximum Leakage Rate
Appliance	Testing Conditions	Effective January 1, 2009
	When new	0.01 gpm
Tub spout diverters	After 15,000 cycles of diverting	0.05 gpm

(b) Showerhead tub spout diverter combinations shall meet both the federal standard for showerheads established pursuant to 42 U.S.C. Sec. 6291 et seq. and the standard for tub spout diverters specified in this section.

(9)(a) The idle energy rate of commercial hot food holding cabinets manufactured on or after January 1, 2010, shall be no greater than 40 watts per cubic foot of measured interior volume.

(b) The idle energy rate of commercial hot food holding cabinets shall be determined using ANSI/ASTM F2140-01 standard test method for the performance of hot food holding cabinets (test for idle energy rate dry test). Commercial hot food holding cabinet interior volume shall be calculated using straight line segments following the gross interior dimensions of the appliance and using the following equation: Interior height x interior width x interior depth. Interior volume shall not account for racks, air plenums, or other interior parts.

(10) The following standards are established for battery charger systems:

(a) Large battery charger systems and small battery charger systems manufactured on or after January 1, 2018, must meet requirements specified in the California Code of Regulations, Title 20, section 1605 in effect as of the effective date of this section.

(b) Battery backup and uninterruptible power supplies that are not consumer products manufactured on or after January 1, 2018, must meet requirements specified in the California Code of Regulations, Title 20, section 1605 in effect as of the effective date of this section.

(c) Large battery charger systems and small battery charger systems must be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of the effective date of this section.

Sec. 4. RCW 19.260.050 and 2009 c 501 s 4 are each amended to read as follows:

(1) No new commercial refrigerator or freezer or state-regulated incandescent reflector lamp manufactured on or after January 1, 2007, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040. No new automatic commercial ice cube machine manufactured on or after January 1, 2008, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040.

(2) On or after January 1, 2008, no new commercial refrigerator or freezer or state-regulated incandescent reflector lamp manufactured on or after January 1, 2007, may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040. On or after January 1, 2009, no new automatic commercial ice cube machine manufactured on or after January 1, 2008, may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040.

(3) Standards for state-regulated incandescent reflector lamps are effective on the dates specified in subsections (1) and (2) of this section.

(4) The following products, if manufactured on or after January 1, 2010, may not be sold or offered in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040:

(a) Wine chillers designed and sold for use by an individual;

(b) Hot water dispensers and mini-tank electric water heaters;

(d) Pool heaters, residential pool pumps, and portable electric spas;

(e) Tub spout diverters; and

(f) Commercial hot food holding cabinets.

(5) The following products, if manufactured on or after January 1, 2010, may not be installed for compensation in the state on or after January 1, 2011, unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040:

(a) Wine chillers designed and sold for use by an individual;

(b) Hot water dispensers and mini-tank electric water heaters;

(d) Pool heaters, residential pool pumps, and portable electric spas;

(e) Tub spout diverters; and

(f) Commercial hot food holding cabinets.

(6)(a) Large and small battery charger systems, if manufactured on or after January 1, 2018, may not be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040.

(b) Battery backup and uninterruptible power supplies that are not consumer products, if manufactured on or after January 1, 2018, may not be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040.

(7) Large and small battery charger systems, if manufactured on or after January 1, 2018, may not be installed for compensation in the state on or after January 1, 2019, unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040."

Correct the title.

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

Amendment (680) 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 Morris and Smith 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 Engrossed Substitute House Bill No. 1100.

ROLL CALL

The Clerk called the roll on the final passage of Second Engrossed Substitute House Bill No. 1100, and the bill passed the House by the following vote: Yeas, 55; Nays, 40; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hayes, Hickel, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Kochmar, Kuderer, Lytton, McBride, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Smith, Springer, Stanford, Sullivan, Tarleton, Tharinger, Van De Wege, Walkinshaw, Wylie and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Holy, Klippert, Kretz, Kristiansen, Magendanz, Manweller, McCabe, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Stambaugh, Stokesbary, Taylor, Van Werven, Vick, Walsh, Wilcox, Wilson, Young and Zeiger.

Excused: Representatives Johnson and MacEwen.

SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1100, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE HOUSE BILL NO. 2017, by House Committee on Transportation (originally sponsored by Representatives Klippert, Cody, Blake, Dent, Hayes, Fagan and Kretz)

Creating Washington farmers and ranchers special license plates.

The bill was read the third time.

Representatives Klippert, Clibborn and Dent 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. 2017.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2017, and the bill passed the House by the following vote: Yeas, 91; Nays, 4; Absent, 0; Excused, 2.

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

Voting nay: Representatives DeBolt, Sawyer, Stanford and Taylor.

Excused: Representatives Johnson and MacEwen.

SUBSTITUTE HOUSE BILL NO. 2017, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE HOUSE BILL NO. 1830, by House Committee on Transportation (originally sponsored by Representative Muri)

Creating Washington state wrestling special license plates.

The bill was read the third time.

Representatives Muri 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 Substitute House Bill No. 1830.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1830, and the bill passed the House by the following vote: Yeas, 91; Nays, 4; Absent, 0; Excused, 2.

Voting nay: Representatives DeBolt, Sawyer, Stanford and Taylor.

Excused: Representatives Johnson and MacEwen.

SUBSTITUTE HOUSE BILL NO. 1830, having received the necessary constitutional majority, was declared passed.

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

SECOND READING

HOUSE BILL NO. 2610, by Representatives Riccelli, Ormsby, S. Hunt and Gregerson

Concerning county commissioner elections.

The bill was read the second time.

With the consent of the house, amendment (623) was withdrawn.

Representative Hunt moved the adoption of amendment (654):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 5. A new section is added to chapter 36.32 RCW to read as follows:

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

(1) "District" means a geographic land area within county boundaries and designated in a county redistricting plan, as provided in section 5 of this act.

(2) "District elections" means a candidate from each district is elected in a general election by the voters of the district in which the candidate resides.

(3) "District nominations" means a candidate from each district is nominated in a primary election by the voters of the district in which the candidate resides.

(4) "Major political party" has the same meaning as in RCW 29A.04.086.

NEW SECTION. Sec. 6. A new section is added to chapter 36.32 RCW to read as follows:

(1)(a) By January 31, 2017, any noncharter county with a population of two hundred sixty-five thousand or more must establish a redistricting committee, in accordance with section 4 of this act, to divide the county into five commissioner districts. The five commissioner districts established by the redistricting committee must be designated as districts numbered one, two, three, four, and five. Any districting plan adopted by the redistricting committee must designate the initial terms of office for each of the five county commissioner positions, as provided in RCW 36.32.030(2).

(b) Beginning in 2018, district elections for all county commissioners of a noncharter county with a population of two hundred sixty-five thousand or more must be held in accordance with any districting plan adopted by a redistricting committee that is established in accordance with (a) of this subsection.

(2) By April 30th of each year ending in one, any noncharter county with a population of two hundred sixty-five thousand or more must establish a redistricting committee in accordance with section 4 of this act. The redistricting committee must review and adjust as necessary the boundaries of the county's five commissioner districts.

NEW SECTION. Sec. 7. A new section is added to chapter 36.32 RCW to read as follows:

(1) Upon the approval of a majority of registered voters in the county, any noncharter county with a population of less than two hundred sixty-five thousand may choose to hold both district nominations and district elections for the office of county commissioner. Each commissioner must reside in a separate commissioner district and be nominated and elected by the voters of the district in which he or she resides.

(2)(a) Upon a petition of county voters equal to at least ten percent of the voters voting at the last county general election, a ballot proposition must be submitted to the voters of the county authorizing district nominations and district elections for the office of county commissioner. At least twenty percent of the signatures on the petition must come from each of the existing commissioner districts.

(b) A petition requesting district nominations and district elections of county commissioners must be submitted to the county auditor for verification of signatures. Within thirty days after submission of the petition, the auditor must determine and certify whether the petition contains the requisite number of valid signatures, and then forward the petition to the board of county commissioners. If the petition has been signed by the requisite number of county voters, the board of county commissioners must submit the proposition to the voters for their approval or rejection at the next general election held at least sixty days after the proposition has been certified by the auditor.

(3) Within fifteen days after a proposition submitted to county voters under this section is approved, the county must establish a redistricting committee in accordance with section 4 of this act. The redistricting committee shall divide the county into three or five commissioner districts, depending on whether the county has three or five commissioner positions. Beginning in the even-numbered year following the adoption of a redistricting plan by the committee, nominations and elections of county commissioners must be held in accordance with the adopted districting plan.

(4) By April 30th of each year ending in one, any noncharter county with a population of less than two hundred sixty-five thousand that has chosen to hold district nominations and district elections for the office of county commissioner must establish a redistricting committee in accordance with section 4 of this act. The redistricting committee must review and adjust as necessary the boundaries of the county's commissioner districts.

NEW SECTION. Sec. 8. A new section is added to chapter 36.32 RCW to read as follows:

(1) County redistricting committees established under this chapter must have five members appointed in accordance with this subsection. The two major political parties in the county shall each appoint two members to the committee. A fifth member must be appointed to the redistricting committee by an affirmative vote of at least three of the four committee members appointed by political parties. The fifth appointed member shall serve as chair of the redistricting committee.

(2) A vacancy on a redistricting committee must be filled in the same manner as the initial appointment within fifteen days after the vacancy occurs.

(3) No person may serve on a redistricting committee who:

(a) Is not a registered voter of the state at the time of appointment;

(b) Is not a resident of the county;

(c) Is or within one year before appointment was a consultant for or had a contract with the county, or had been hired to lobby the county commission; or

(d) Is or within two years before appointment was an elected official or elected legislative, county, or state party officer.

(4) Members of a redistricting committee may not:

(a) Campaign for elective office while a member of the committee;

(b) Actively participate in or contribute to any political campaign of any candidate for county, state, or federal elective office while a member of the committee; or

(c) Hold or campaign for a seat as a county commissioner for two years after the date the redistricting committee concludes its duties under this chapter.

(5) Before serving on a county redistricting committee, every person must take and subscribe an oath to faithfully perform the duties of the office.

NEW SECTION. Sec. 9. A new section is added to chapter 36.32 RCW to read as follows:

(1) Within thirty days after a redistricting committee is established under this chapter, the committee must appoint by an affirmative vote of at least four of its five members a districting master. The districting master must be qualified by education, training, and experience to draw a districting plan for the county. The districting master is not required to be a county resident. If a redistricting committee does not appoint a districting master within thirty days, the county auditor must appoint a districting master within the next thirty days.

(2) No more than forty-five days after the appointment of a districting master to a redistricting committee, the districting master must prepare and submit to the redistricting committee a proposed districting plan dividing the county into three or five commissioner districts, depending on whether the county has three or five commissioner positions.

(a) Within five days after the districting plan is submitted, the redistricting committee must publish the draft plan and provide an opportunity for public comment.

(b) Within ten days of publishing the draft plan, the redistricting committee:

(i) Must hold at least one public hearing and accept public comments on the plan; and

(ii) May adopt the districting plan; or

(iii) May, by an affirmative vote of at least four of the five committee members, adopt an amended districting plan.

(c) If the redistricting committee does not approve and adopt the original or an amended districting plan within fifteen days after it is submitted by the districting master, the districting plan as submitted must be deemed approved and adopted.

(d) The redistricting committee must promptly file the adopted districting plan with the county auditor. The districting plan is effective upon filing.

(e) County commissioner elections pursuant to the districting plan filed with the county auditor must begin in the next even-numbered year.

(3) Each commissioner district established by a redistricting committee under this section must comprise as nearly as possible either one-third or one-fifth of the population of the county, depending on whether the county has three or five commissioner positions. The boundaries of commissioner districts must:

(a) Correspond as nearly as practicable to election precinct boundaries; and

(b) Create districts with compact, contiguous territory containing geographic units, natural communities, and approximately equal populations.

(4) Upon filing of the adopted districting plan with the county auditor, the redistricting committee is dissolved until such time as a new redistricting committee is established as provided in sections 2 and 3 of this act and RCW 36.32.0552.

Sec. 10. RCW 36.32.030 and 2015 c 53 s 63 are each amended to read as follows:

(1) Except as provided otherwise in subsection (2) of this section or RCW 36.32.0554, the terms of office of county commissioners shall be four years and shall extend until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280((~~: PROVIDED, That~~)). The terms of office of county commissioners shall be staggered so that:

(a) In a county with a three-member board of county commissioners, either one or two commissioners are elected at a general election held in ((an)) each even-numbered year; or

(b) In a county with a five-member board of county commissioners, either two or three commissioners are elected at a general election held in each even-numbered year.

(2)(a) Until January 1, 2019, the term of any county commissioner in a noncharter county with a population of two hundred sixty-five thousand or more elected to office after January 1, 2016, expires on January 1, 2019.

(b) At a general election held in 2018, any noncharter county with a population of two hundred sixty-five thousand or more must elect five county commissioners in accordance with a districting plan adopted under section 5 of this act. The five county commissioners shall begin their terms of office on January 1, 2019, and as designated in the districting plan: Two of the county commissioners shall serve terms of two years, and three of the county commissioners shall serve terms of four years. The districts in which commissioners will serve initial terms of two years and the districts in which commissioners will serve initial terms of four years must be identified in the adopted districting plan. All successive county commissioners elected to office shall serve staggered terms of four years, with either two or three commissioners elected in each even-numbered year.

Sec. 11. RCW 36.32.050 and 2009 c 549 s 4063 are each amended to read as follows:

(1) Except as provided otherwise in subsection (2) of this section or this chapter, county commissioners shall be elected by the qualified voters of the county and the person receiving the highest number of votes for the office of commissioner for the district in which he or she resides shall be declared duly elected from that district.

(2) In any noncharter county with a population of two hundred sixty-five thousand or more, or in any county that has approved a proposition to hold district nominations and district elections under section 3 of this act, county commissioners must be elected by the qualified electors of the commissioner district in which he or she resides. The person receiving the highest number of votes at a general election for the office of commissioner for the district in which he or she resides must be declared duly elected from that district.

Sec. 12. RCW 36.32.020 and 1982 c 226 s 4 are each amended to read as follows:

(1) Except as provided otherwise in subsection (2) of this section or this chapter, the board of county commissioners of each county shall divide their county into three commissioner districts ((~~so that each district shall comprise~~)), each comprising as nearly as possible one-third of the population of the county((~~: PROVIDED, That the~~)). Territory comprised in any voting precincts of such districts ((~~shall~~)) must remain compact, and ((~~shall~~)) may not be divided by the lines of said districts.

((~~However,~~)) (2) The commissioners of any county composed entirely of islands and with a population of less than thirty-five thousand may divide their county into three commissioner districts without regard to population, except that if any single island is included in more than one district, the districts on such island ((~~shall~~)) must comprise, as nearly as possible, equal populations.

(3) The lines of ((~~the~~)) commissioner districts ((~~shall~~)) established in accordance with this section may not be changed ((~~oftener~~)) more often than once in four years and only when a full board of commissioners is present. The districts ((~~shall~~)) must be designated as districts numbered one, two and three.

Sec. 13. RCW 36.32.010 and 1990 c 252 s 1 are each amended to read as follows:

There is established in each county in this state a board of county commissioners. Except as provided ((~~in RCW 36.32.055 and 36.32.0552~~)) otherwise in this chapter, each board of county commissioners shall consist of three qualified electors, two of whom shall constitute a quorum to do business.

Sec. 14. RCW 36.32.055 and 1990 c 252 s 2 are each amended to read as follows:

(1) The board of commissioners of any noncharter county with a population of ((~~three hundred~~)) less than two hundred sixty-five thousand ((~~or more~~)) may cause a ballot proposition to be submitted at a general election to the voters of the county authorizing the board of commissioners to be increased to five members.

(2) As an alternative procedure, a ballot proposition shall be submitted to the voters of ((~~a noncharter~~)) the county authorizing the board of commissioners to be increased to five members, upon petition of the county voters equal to at least ten percent of the voters voting at the last county general election. At least twenty percent of the signatures on the petition shall come from each of the existing commissioner districts.

(3) Any petition requesting that such an election be held shall be submitted to the county auditor for verification of the signatures thereon. Within no more than thirty days after the submission of the petition, the auditor shall determine if the petition contains the requisite number of valid signatures. The auditor shall certify whether or not the petition has been signed by the requisite number of county voters and forward such petition to the board of county commissioners. If the petition has been signed by the requisite number of county voters, the board of county commissioners shall submit such a proposition to the voters for their approval or rejection at the next general election held at least sixty days after the proposition has been certified by the auditor.

Sec. 15. RCW 36.32.0552 and 1990 c 252 s 3 are each amended to read as follows:

(1) If ((~~the~~)) a ballot proposition submitted to the voters of a noncharter county with a population of less than two hundred sixty-five thousand, as provided in RCW 36.32.055, receives majority voter approval, the size of the board of county commissioners shall be increased to five members as provided in this section.

(2) The two newly created county commissioner positions shall be filled at elections to be held in the next even-numbered year.

(3)(a) Within fifteen days after a proposition submitted to county voters under this section is certified as approved, the county shall((~~, as provided in this section, be divided~~)) establish a redistricting committee, in accordance with section 4 of this act, to divide the county into five commissioner districts, so that each district shall comprise as nearly as possible one-fifth of the population of the county. ((No two members of the existing board of county commissioners may, at the time of the designation of such districts, permanently reside in one of the five districts. The division of the county into five districts shall be accomplished as follows:

~~(1) The board of county commissioners shall, by the second Monday of March of the year following the election, adopt a resolution creating the districts;~~

(2) If by the second Tuesday of March of the year following the election the board of county commissioners has failed to create the districts, the prosecuting attorney of the county shall petition the superior court of the county to appoint a referee to designate the five commissioner districts. The referee shall designate such districts by no later than June 1st of the year following the election. The two commissioner districts within which no existing member of the board of county commissioners permanently resides shall be designated as districts four and five.))

(b) By April 30th of each year ending in one, the county must establish a redistricting committee in accordance with section 4 of this act. The redistricting committee must review and adjust as necessary the boundaries of the county's five commissioner districts.

Sec. 16. RCW 36.32.0556 and 1990 c 252 s 5 are each amended to read as follows:

((The commissioners in a five-member board of county commissioners shall be elected to four-year staggered terms. Each commissioner shall reside in a separate commissioner district. Each commissioner shall be nominated from a separate commissioner district by the voters of that district. Each shall be elected by the voters of the entire county.)) Three members of a five-member board of commissioners shall constitute a quorum to do business.

Sec. 17. RCW 29A.76.010 and 2011 c 349 s 26 are each amended to read as follows:

(1) It is the responsibility of each county, municipal corporation, and special purpose district with a governing body comprised of internal director, council, or commissioner districts not based on statutorily required land ownership criteria to periodically redistrict its governmental unit, based on population information from the most recent federal decennial census.

(2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each municipal corporation, county, and district charged with redistricting under this section.

(3) Except as otherwise provided in chapter . . ., Laws of 2016 (this act), no later than eight months after its receipt of federal decennial census data, the governing body of the municipal corporation, county, or district shall prepare a plan for redistricting its internal or director districts.

(4) The plan shall be consistent with the following criteria:

(a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each and every other such district comprising the municipal corporation, county, or special purpose district.

(b) Each district shall be as compact as possible.

(d) Population data may not be used for purposes of favoring or disfavoring any racial group or political party.

(e) To the extent feasible and if not inconsistent with the basic enabling legislation for the municipal corporation, county, or district, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.

(5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable public notice of its actions is provided. ((~~The municipal corporation, county, or district shall hold at least one public hearing on the redistricting plan at least one week before adoption of the plan~~)) Before adopting the plan, the municipal corporation, county, or district must publish the draft plan and, within ten days, hold at least one public hearing on the draft plan.

(6)(a) Any registered voter residing in an area affected by the redistricting plan may request review of the adopted local plan by the superior court of the county in which he or she resides, within fifteen days of the plan's adoption. Any request for review must specify the reason or reasons alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county, or district may be joined as respondent. The superior court shall thereupon review the challenged plan for compliance with the applicable redistricting criteria set out in subsection (4) of this section.

(b) If the superior court finds the plan to be consistent with the requirements of this section, the plan shall take effect immediately.

(c) If the superior court determines the plan does not meet the requirements of this section, in whole or in part, it shall remand the plan for further or corrective action within a specified and reasonable time period.

(d) If the superior court finds that any request for review is frivolous or has been filed solely for purposes of harassment or delay, it may impose appropriate sanctions on the party requesting review, including payment of attorneys' fees and costs to the respondent municipal corporation, county, or district."

Correct the title.

Representative Shea moved the adoption of amendment (681) to amendment (654):

0) On page 3, line 29 of the striking amendment, after "within" strike "one year" and insert "two years"

On page 3, beginning on line 30 of the striking amendment, after "been" strike "hired to lobby the county commission" and insert "a registered lobbyist that lobbies the county commission"

On page 3, line 37 of the striking amendment, after "county" strike ", state, or federal"

On page 5, line 15 of the striking amendment, after "units" strike ", natural communities,"

Representative Shea and Shea (again) spoke in favor of the adoption of the amendment to the amendment.

Representative Hunt spoke against the adoption of the amendment to the amendment.

Amendment (681) was not adopted.

Representative Riccelli moved the adoption of amendment (717) to amendment (654):

0) On page 3, line 29 of the striking amendment, after "within" strike "one year" and insert "two years"

On page 3, beginning on line 30 of the striking amendment, after "been" strike "hired to lobby the county commission" and insert "a registered lobbyist that lobbies the county commission"

On page 3, line 37 of the striking amendment, after "county" strike ", state, or federal"

Representatives Riccelli and Shea spoke in favor of the adoption of the amendment to the amendment.

Amendment (717) was adopted.

Representative Hunt spoke in favor of the adoption of the amendment as amended.

Representative Wilcox spoke against the adoption of the amendment as amended.

Division was demanded and the demand was sustained. The Speaker (Representative Moeller presiding) divided the House. The result was 50 - YEAS; 44 - NAYS.

Amendment (654), 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 Riccelli, Riccelli (again) and Hunt spoke in favor of the passage of the bill.

Representatives Holy, Wilcox, Orcutt, Shea, Stokesbary and Griffey spoke against the passage of the bill.

MOTION

On motion of Representative Harris, Representatives DeBolt and Walsh were excused.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2610.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2610, and the bill passed the House by the following vote: Yeas, 50; Nays, 43; Absent, 0; Excused, 4.

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

Excused: Representatives DeBolt, Johnson, MacEwen and Walsh.

ENGROSSED HOUSE BILL NO. 2610, having received the necessary constitutional majority, was declared passed.

ENGROSSED HOUSE BILL NO. 1632, by Representatives Goodman, Klippert, Orwall, Hayes, Jinkins and Wylie

Concerning domestic violence.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1632 was substituted for Engrossed House Bill No. 1632 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1632 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 Goodman and Klippert 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. 1632.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1632, and the bill passed the House by the following vote: Yeas, 91; Nays, 2; Absent, 0; Excused, 4.

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

Voting nay: Representatives Shea and Taylor.

Excused: Representatives DeBolt, Johnson, MacEwen and Walsh.

SUBSTITUTE HOUSE BILL NO. 1632, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2804, by Representatives Haler, Clibborn, Moscoso, Stambaugh, Sawyer, Kochmar, Hickel, Zeiger, Ortiz-Self, Sells, Fitzgibbon, Farrell, Reykdal, Springer, Orwall, Muri, Santos, Pettigrew, Ormsby, Goodman, Stokesbary, Kilduff, Orcutt, Fey, Tarleton, Hayes, McBride, Morris, Stanford, Pollet, Frame and Bergquist

Including highway workers employed on a transportation project by a contractor in the tuition and fee exemption for children and surviving spouses of highway workers.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2804 was substituted for House Bill No. 2804 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2804 was read the second time.

Representative Haler moved the adoption of amendment (677):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28B.15.380 and 2015 c 46 s 1 are each amended to read as follows:

Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, and The Evergreen State College shall exempt the following students from the payment of all tuition fees and services and activities fees:

(1) Children of any law enforcement officer as defined in chapter 41.26 RCW, firefighter as defined in chapter 41.26 or 41.24 RCW, highway worker, or Washington state patrol officer who lost his or her life or became totally disabled in the line of duty while employed by any public law enforcement agency or full-time or volunteer fire department in this state, or was a highway worker while either employed by a general contractor or subcontractor, on a transportation project or employed by a transportation agency: PROVIDED, That such persons may receive the exemption only if they begin their course of study at a state-supported college or university within ten years of their graduation from high school; and

(2) Surviving spouses of any law enforcement officer as defined in chapter 41.26 RCW, firefighter as defined in chapter 41.26 or 41.24 RCW, highway worker, or Washington state patrol officer who lost his or her life or became totally disabled in the line of duty while employed by any public law enforcement agency or full-time or volunteer fire department in this state, or was a highway worker while either employed by a general contractor or subcontractor, on a transportation project or employed by a transportation agency.

(3) The governing boards of the state universities, the regional universities, and The Evergreen State College shall report to the education data center on the annual cost of tuition fees and services and activities fees waived for surviving spouses and children under this section. The education data center shall consolidate the reports of the waived fees and annually report to the appropriate fiscal and policy committees of the legislature.

(4) As used in this section, "transportation agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government in this state, and any agency, department, or division of state government, having as its primary function the construction and maintenance of the highways and roads within the state of Washington. Such an agency, department, or division is distinguished from a transit agency having as one of its functions the highway maintenance, including but not limited to the state department of transportation. A transportation agency under this section does not include a government contractor."

Correct the title.

Representatives Haler and Hansen spoke in favor of the adoption of the amendment.

Amendment (677) 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 Haler, Hansen, Manweller and Stambaugh spoke in favor of the passage of the bill.

Representatives Hargrove, Hargrove (again) and Klippert 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 Substitute House Bill No. 2804.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2804, and the bill passed the House by the following vote: Yeas, 68; Nays, 25; Absent, 0; Excused, 4.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Chandler, Clibborn, Cody, Dent, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hickel, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Kochmar, Kristiansen, Kuderer, Lytton, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rodne, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Walkinshaw, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Condotta, Dye, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Klippert, Kretz, Magendanz, McCaslin, Nealey, Pike, Schmick, Scott, Shea, Short, Smith, Taylor, Van Werven, Vick, Wilson and Young.

Excused: Representatives DeBolt, Johnson, MacEwen and Walsh.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2804, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2970, by Representatives McCabe and Appleton

Concerning voyeurism.

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 McCabe and Appleton 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. 2970.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2970, and the bill passed the House by the following vote: Yeas, 93; Nays, 0; Absent, 0; Excused, 4.

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

Excused: Representatives DeBolt, Johnson, MacEwen and Walsh.

HOUSE BILL NO. 2970, having received the necessary constitutional majority, was declared passed.

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

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

There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the second reading calendar:

HOUSE BILL NO. 1290

HOUSE BILL NO. 1438

HOUSE BILL NO. 1441

HOUSE BILL NO. 1528

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1713

SUBSTITUTE HOUSE BILL NO. 1725

HOUSE BILL NO. 2280

HOUSE BILL NO. 2287

HOUSE BILL NO. 2341

HOUSE BILL NO. 2360

HOUSE BILL NO. 2362

HOUSE BILL NO. 2368

HOUSE BILL NO. 2381

HOUSE BILL NO. 2384

HOUSE BILL NO. 2398

HOUSE BILL NO. 2410

HOUSE BILL NO. 2429

HOUSE BILL NO. 2439

HOUSE BILL NO. 2477

HOUSE BILL NO. 2483

HOUSE BILL NO. 2518

HOUSE BILL NO. 2519

HOUSE BILL NO. 2583

HOUSE BILL NO. 2652

HOUSE BILL NO. 2659

HOUSE BILL NO. 2708

HOUSE BILL NO. 2758

HOUSE BILL NO. 2764

HOUSE BILL NO. 2769

HOUSE BILL NO. 2770

HOUSE BILL NO. 2775

HOUSE BILL NO. 2778

HOUSE BILL NO. 2799

HOUSE BILL NO. 2800

HOUSE BILL NO. 2802

HOUSE BILL NO. 2823

HOUSE BILL NO. 2825

HOUSE BILL NO. 2831

HOUSE BILL NO. 2834

HOUSE BILL NO. 2886

HOUSE BILL NO. 2933

HOUSE BILL NO. 2938

HOUSE BILL NO. 2955

HOUSE BILL NO. 2959

HOUSE BILL NO. 2976

There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the third reading calendar:

HOUSE BILL NO. 1590

SUBSTITUTE HOUSE BILL NO. 1966

HOUSE BILL NO. 1990

ENGROSSED HOUSE BILL NO. 2033

HOUSE CONCURRENT RESOLUTION NO. 4401

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

There being no objection, the House adjourned until 9:00 a.m., February 15, 2016, the 36th Day of the Regular Session.

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk