VOTERS’ PAMPHLET WASHINGTON STATE ELECTIONS

GENERAL ELECTION NOVEMBER 6

YOUR BALLOT WILL BE MAILED BY OCTOBER 19 2018 (800) 448-4881 | vote.wa.gov

OFFICIAL PUBLICATION 2

A message from Secretary of State Kim Wyman

Welcome to your 2018 General Election Voters’ Pamphlet!

This important election will decide local, state, and national races and issues. All 10 of Washington’s congressional seats and a statewide race for the U.S. Senate are on the ballot in this election, as are all 98 seats in the state House of Representatives and 25 of 49 seats in the state Senate. City and county elections will select judges, council members, and other officials who administer day-to-day government functions locally. Several statewide initiatives are on the ballot this year as well, with the potential to significantly affect public policy and Washingtonians’ lives. For more than a century, citizens have used petitions to place issues directly before the state’s voters, and the Voters’ Pamphlet has provided valuable information about what each proposal would do. Inside this edition of the Pamphlet, you’ll find explanations of each initiative, the impact each would have on state government finances, and arguments for and against. To participate in this election, you must be registered to vote in Washington. You may check your registration status anytime online at MyVote.wa.gov. If you are not yet registered to vote in this year’s General Election, you have until October 29th to register at your county’s elections office. This year, you and voters throughout the state will be able to return ballots by mail without using a stamp. This new convenience provides greater access to elections. Whether you use a mailbox or drop box, you can cast your vote postage-free. Voting is your opportunity to make your voice heard at the ballot box and make a difference in your community. Please take time to read through this Voters’ Pamphlet to learn about the important issues and political offices being decided this year, and then fill out your ballot and return it by November 6th by mail or in one of your county’s drop boxes. Thank you for your time and your participation in the political process. Make an impact in your community and our state by voting this fall!

Kim Wyman Secretary of State

/WASecretaryofState @secstatewa /WashingtonStateElections 3

November 6, 2018 General Election Table of contents

Voting in Washington State ...... 4 Accessible Pamphlets 5 Language Assistance ...... 5

Local Candidates and Measures Measures Initiative Measure No. 1631 ...... 7 This pamphlet contains information for state candidates and measures. Initiative Measure No. 1634 . . . . . 17 Initiative Measure No. 1639 . . . . . 20 For information on local candidates and measures, visit MyVote.wa.gov or contact Initiative Measure No. 940 26 your county elections department. You can Advisory Votes ...... 31 find their contact information in the back of this Voters’ Pamphlet. Candidates U.S. Senate ...... 37 U.S. House of Representatives . . . . 40 Political parties State Legislative Offices ...... 44 Washington State Democrats State Judicial Offices ...... 49 PO Box 4027 Seattle, WA 98194 More information (206) 583-0664 [email protected] Complete Text of Measures . . . . . 53 www.wa-democrats.org Contact Your County ...... 78 Washington State Republican Party 11811 NE 1st St, Ste A306 Bellevue, WA 98005 (425) 460-0570 [email protected] www.wsrp.org

Who donates to campaigns? View financial contributors for ? candidates and measures:

Public Disclosure Commission www.pdc.wa.gov Toll Free (877) 601-2828 4

Voting in Washington State

Qualifications You must be at least 18 years old, a U.S. citizen, a resident of Washington State, and not under Department of Corrections supervision for a Washington State felony conviction.

Register to vote & update your address

The deadline to update your voting address has passed. Contact your former county elections department to request a ballot at your new address. New voters may register in person until October 29 at your county elections department. Military voters are exempt from voter registration deadlines.

Cast Your Ballot Your ballot will be Vote your ballot Return it by mail or to an 1 mailed to the address 2 and sign your 3 official ballot drop box by you provide in your return envelope. 8 p.m. on November 6. voter registration. No stamp needed for this election!

vote by mail

WhereWhere is is my my ballot ballot?? View YourYour ballotballot willwill bebe mailedmailed byby OctoberOctober 2019.. Election Results IfIf youyou needneed aa replacementreplacement ballotballot,, contactcontact youryour countycounty electionselections departmentdepartment listedlisted VOTE.WA.GOV atat thethe endend ofof thisthis pamphletpamphlet.. or get the mobile app WA State Election Results 5

Accessible pamphlets

Audio and plain text voters’ pamphlets available at vote.wa.gov. No Internet access? To receive a copy on CD or USB drive, call (800) 448-4881.

Language assistance

Se habla español Việt Nam được nói 中國口語 Todos los votantes del estado Tất cả cử tri ở Tiểu Bang de Washington tienen acceso 所有華盛頓州的選民都可在www.vote.wa.gov Washington có thể truy cập al folleto electoral y a los 網站 查 sách dành cho cử tri và đơn formularios de inscripción en 看中文選民手冊和選民登記 ghi danh cử tri bằng tiếng español por internet en 表 格。 www.vote.wa.gov. Việt trực tuyến tại www.vote.wa.gov. Adicionalmente, los votantes 此外，金郡選民也可登記在 de los condados de Yakima, 每次選舉前自動獲取中文選 Ngoài ra, cử tri ở Quận King Franklin y Adams recibirán su 票和選民手冊。 có thể đăng ký để tự động boleta y folleto electoral de 如果您或您認識的人需要語 nhận lá phiếu và sách dành forma bilingüe antes de cada cho cử tri bằng tiếng Việt trước (800)言協助，請致電 448-4881 elección. 。 mỗi cuộc bầu cử. Si usted o alguien que conoce Nếu quý vị hoặc người nào necesitan asistencia en quý vị biết cần trợ giúp ngôn español llame al ngữ, xin vui lòng gọi (800) 448-4881. (800) 448-4881. The federal Voting Rights Act requires translated elections materials. 6

The Ballot Measure Process

The Initiative The Referendum Any voter may propose an initiative to Any voter may demand that a law create a new state law or change an proposed by the Legislature be referred to existing law. voters before taking effect. Initiatives to the People Referendum Bills are proposed laws submitted directly are proposed laws the Legislature has to voters. referred to voters.

Initiatives to the Legislature Referendum Measures are proposed laws submitted to the are laws recently passed by the Legislature. Legislature that voters have demanded be referred to the ballot.

Laws by the People

Before an Initiative to the People or an Before a Referendum Measure can appear Initiative to the Legislature can appear on the ballot, the sponsor must collect... on the ballot, the sponsor must collect...

129,811 VOTERS' SIGNATURES 4% of all votes in the last Governor’s race

259,622 Initiatives & Referenda VOTERS' SIGNATURES BECOME LAW 8% of all votes in the last with a simple Governor’s race MAJORITY VOTE Initiative Measure No. 1631 7

Initiative Measure No. Initiative Measure No. 1631 concerns pollution. This measure would charge pollution fees on sources of greenhouse gas pollutants and use the revenue to reduce pollution, promote clean energy, and address climate impacts, under oversight of a public board. 1631 Should this measure be enacted into law? [ ] Yes [ ] No

Explanatory Statement 8 Fiscal Impact Statement 10 Arguments For and Against 16

The Secretary of State is not responsible for the content of statements or arguments (WAC 434-381-180). 8 Initiative Measure No. 1631

The fee imposed on fossil fuels would be collected from Explanatory Statement various persons or companies. For motor vehicle fuel and Written by the Office of the Attorney General “special fuel” (diesel and certain other fuels), the fee would be collected from fuel licensees who currently pay the The Law as it Presently Exists motor vehicle fuel taxes on those fuels. For natural gas, the fee would be collected from natural gas public utilities or Under existing law, Washington has set goals to reduce entities that pay the state’s natural gas use tax. For refinery greenhouse gases emitted in Washington. Those facilities, the fee would be collected from the refinery for gases include carbon dioxide, methane, nitrous oxide, fossil fuels consumed or used by the refinery. The fee may hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, also be collected from a seller of fossil fuels to end users and other gases designated by the Department of Ecology. or consumers, a seller of fuel used for certain combined The goals are to reduce greenhouse gas emissions in the heat and power, or from other persons designated by the state to 1990 levels by 2020 and to continue reducing Department of Revenue. greenhouse gas emissions to achieve fifty percent of 1990 levels by 2050. The Department of Commerce is The fee imposed on electricity would be collected from responsible for developing a plan to reduce greenhouse importers of electricity generated using fossil fuels, gas emissions and reporting progress toward meeting importers of electricity generated from an unspecified the state’s goals. State agencies are required to reduce source, or a power plant located in Washington that greenhouse gas emissions by certain specified levels. generates electricity using fossil fuels. Various laws and state agency rules relate to the reduction The fee charged would be based on the amount of of greenhouse gas emissions. These include emission carbon content in the fossil fuels. In the case of electricity, standards for certain power plants, renewable fuel the fee would be based on the carbon content of the standards, building codes, requirements for utilities to use fossil fuels used to generate the electricity. “Carbon renewable resources, converting state vehicles to clean content” means the carbon dioxide equivalent released fuels, motor vehicle emission standards, and land use laws from burning or oxidation of fossil fuels. Carbon dioxide such as the Growth Management Act, which encourage equivalent is a measure used to compare emissions efficient transportation systems. from various greenhouse gases based on their global warming potential. So the carbon content of a fossil fuel Under the State Environmental Policy Act (SEPA), state is a measure of the carbon dioxide and other greenhouse and local government must engage in a variety of public gases that are released when the fossil fuel is burned or processes to review, avoid, or minimize environmental otherwise consumed. For purposes of calculating the fee, impacts. These processes include analyzing greenhouse the Department of Ecology is responsible for determining gases and considering input from individuals and Indian the carbon content of fossil fuels or inherent in electricity. tribes concerning environmental impacts of state permitting or other action. Beginning January 1, 2020, the pollution fee is set at fifteen dollars per metric ton of carbon content. The fee The Effect of the Proposed Measure if Approved increases by two dollars per metric ton each year and is This measure would impose a pollution fee on large emitters also adjusted for inflation each year. The two-dollar annual of greenhouse gases. Money raised by the fee would be increases continue until the state’s existing greenhouse used for certain environmental programs and projects. gas reduction goal for 2035 is met and the state is on pace The measure would create a public oversight board to and likely to meet the 2050 greenhouse gas reduction goal. implement the measure and approve funding for programs At that time, the pollution fee will be fixed, except for the and projects. It also sets forth procedures for proposing annual inflation adjustments. and approving the programs and projects that could be The measure would not impose the fee in certain funded by money generated from the new fee. circumstances. For example, the fee would not apply to The pollution fee imposed by the measure would apply fossil fuels brought into Washington in the fuel supply tank to fossil fuels sold or used within this state and electricity of a motor vehicle, vessel, locomotive, or aircraft. It would generated within or imported into this state. Fossil fuels not apply to fossil fuels exported or sold for export outside include motor vehicle fuel and other petroleum products Washington. It would not apply to fossil fuels supplied to intended for combustion, natural gas, coal, coke, and any a light and power business for purposes of generating form of fuel created from these products. The pollution fee electricity. It would not apply to fossil fuels and electricity would be collected only one time on any particular unit of sold to and used by certain facilities designated by the fossil fuels or energy. This means that the fee would not Department of Commerce as within energy-intensive and have to be paid again by subsequent sellers or users of the trade-exposed industries. It would not apply to aircraft same fuel or energy. fuels, certain fuel used for agricultural purposes, and Initiative Measure No. 1631 9 motor vehicle fuel or special fuel currently exempt from must cease upon request by an affected Indian tribe. taxation. It would not apply to Indian tribes and Indians in The measure would place all pollution fees collected in the circumstances where they are exempt from state taxation. state treasury in an account called the “clean up pollution The fee would not apply to facilities that generate electricity fund.” Expenditures from the fund would be limited to by burning coal, if those facilities are legally bound to close certain investments defined in the measure. The measure by 2025 or to comply with certain emission standards by includes certain criteria that must be considered when 2025. approving funding. The measure also allows for credits in certain circumstances. The measure would allow money from the clean up pollution For example, a fee-payer may receive a credit if the fossil fund to be used for reasonable administrative costs. After fuel or electricity is subject to a similar fee on carbon administrative costs, the clean up pollution fund must be content in another jurisdiction and the fee-payer receives used for certain categories of investments: seventy percent approval from the Department of Commerce. A light and of the clean up pollution fund must be spent on clean air power business or gas distribution business, also known and clean energy investments, twenty-five percent for clean as a utility, may receive a credit up to the full amount of water and healthy forest investments, and five percent for the fee for investments in programs, activities, or projects healthy communities investments. The board may allow consistent with a clean energy investment plan. But to different percentages in certain circumstances. receive that credit, the utility’s clean energy investment plan must be approved by the state Utilities and Transportation The measure defines clean air and clean energy investments Commission (for investor-owned utilities) or the Department as programs, activities, or projects that reduce pollution of Commerce (for consumer-owned utilities). or that assist affected workers or people with lower incomes. As noted above, seventy percent of the fund The measure would establish a public oversight board would be spent in this category. The measure identifies to implement the new law. The board would have fifteen some programs that fit this spending category, including voting members: the chair; the Commissioner of Public those that promote renewable energy such as solar and Lands; the directors of the Department of Commerce, wind power; that increase energy efficiency; that reduce the Department of Ecology, and the Recreation and transportation-related carbon emissions through use of Conservation Office; four at-large positions; and six co- electric vehicles or public transportation; and that promote chairs of three investment panels. The three investment the capturing and storing of carbon in water, soil, forests, panels would be created by the measure and would or other natural areas. At least fifteen percent of the clean provide advice and recommendations to the board and air and clean energy investments must be used to reduce assist in developing criteria for approving spending on the energy burden of people with lower incomes through certain projects. There would be certain requirements for programs such as assistance with paying energy bills, the at-large positions and the six co-chairs. promoting public or shared transportation, and reducing The board would have numerous powers and duties. It energy consumption. In addition, within four years, a would make decisions about which projects and programs minimum of $50 million would be set aside for a program to fund with the moneys raised by the pollution fee. It would to support fossil-fuel workers who are affected by the review and approve rules developed by other agencies that transition away from fossil fuels. The program may include set guidelines for the various programs required or funded wage replacement, health benefits, pension contributions, by the measure. The board would consult with other retraining costs, and other services. agencies and government bodies, Indian tribes, and others The Department of Commerce, in consultation with others, in developing projects. It would report to the Governor must propose rules and criteria for disbursing funds for and Legislature regarding progress and challenges in clean air and clean energy investments. The proposed rules implementing the measure. and criteria must be approved by the board. The measure The measure would require consultation with Indian tribes includes certain requirements for the rules and criteria for by any state agency implementing the law, or receiving disbursing funds and includes certain goals for reducing funding for projects, on decisions that may directly affect carbon emissions and global temperature increases. Indian tribes and tribal lands. The board could not approve The second spending category for the clean up pollution spending on projects that directly affect an Indian tribe’s fund is to address the impacts of climate change on the lands or usual and accustomed fishing areas without state’s waters and forests. Twenty-five percent of the fund first engaging in this formal consultation and following a will be spent in this category. Examples for this category mutually agreed timeline for the consultation. If a project is include spending to restore and protect state waters, funded without this consultation and directly affects lands to address ocean acidification, to reduce flood risk, to owned or controlled by an Indian tribe or affects lands reduce risk of wildfires, and to address other impacts of where a tribe has a significant interest, action on the project 10 Initiative Measure No. 1631

climate change. Various state agencies are responsible for • Because the pollution fee will not be collected until proposing rules and criteria for eligible programs. The rules Jan. 1, 2020, it is assumed that all costs for state and criteria for these programs must be approved by the agencies, except the Utilities and Transportation board. Commission (UTC), to implement the initiative before Finally, the third spending category for the clean up pollution this date will be paid from the State General Fund. fund is to prepare communities for the impacts of climate UTC costs are paid from the Public Service Revolving change and to help certain populations who are particularly Account. affected by climate change. Five percent of the fund will • Estimates use the state’s fiscal year of July 1 through be spent in this category. In this category, funds can be June 30. Fiscal year 2019 is July 1, 2018, to June 30, used for wildfire prevention and preparedness, relocation 2019. of communities on tribal lands affected by sea level rise REVENUE and floods, and public school education about the impacts of climate change and ways to reduce pollution. A portion Local Revenue of this fund must be used to help communities participate The initiative will not impact local revenue. in carrying out the measure, such as help in preparing State Revenue proposals for projects. The initiative would generate an estimated $2,305,470,073 In addition to the spending requirements for these three over five fiscal years from the state pollution fee and UTC categories, the measure imposes other requirements on regulatory fees. spending. At least thirty-five percent of spending from the State Pollution Fee clean up pollution fund must provide direct and meaningful The initiative would impose a pollution fee on large emitters benefits to what the measure calls “pollution and health of fossil fuels based upon the carbon content of fossil fuels action areas.” The Department of Health designates sold or used within the state, electricity generated within those areas based on University of Washington analyses the state (including out-of-state sales) and electricity of vulnerable populations and environmental burdens. A imported for consumption in the state. Beginning Jan. 1, particular area partially or fully within Indian reservations 2020, the pollution fee is set at $15 per metric ton of carbon or other Indian lands would also qualify as a pollution and content. The fee would increase by $2 per metric ton each health action area. At least ten percent of funds must be year and is also adjusted for inflation each year. The $2 spent for projects formally supported by a resolution of an annual increases would continue until the state’s existing Indian tribe, and ten percent must be spent for projects greenhouse gas reduction goal for 2035 is met and the located in and benefiting a pollution and health action area. state is on pace and likely to meet the 2050 greenhouse gas reduction goal. At that time, the pollution fee would be Fiscal Impact Statement fixed, except for annual inflation adjustments. The initiative Written by the Office of Financial Management would provide exemptions from the fee for certain fossil For more information visit www.ofm.wa.gov/ballot fuels and facilities. FISCAL IMPACT SUMMARY The initiative would allow qualifying light and power Initiative 1631 imposes a pollution fee on large emitters businesses or gas distribution businesses to claim credits of greenhouse gases. The fee will raise $2,295,785,000 up to 100 percent of the pollution fee for investments made during the first five fiscal years. The additional Utilities through clean energy investment plans that are approved by and Transportation Commission regulatory fee will raise the UTC for investor-owned utilities and by the Department $9,685,072 during the first five fiscal years. A public of Commerce for consumer-owned utilities. oversight board is established to supervise revenue All revenues from the pollution fee are deposited into the expenditures to reduce carbon pollution, promote clean Clean Up Pollution Fund. energy and address climate impacts to the environment and communities. Twelve state agencies and two higher STATE REVENUE ASSUMPTIONS education institutions are estimated to expend $27,178,592. Revenue estimates are based on: 1) the U.S. Energy The remaining expenditures cannot be estimated until the Information Agency (EIA) 2018 Annual Energy Outlook; public board approves investment plans. Local government 2) the IHS Markit June 2018 forecast of the Consumer expenditures are estimated to be $158,623,072. Price Index for All Urban Consumers (CPI-U); and 3) the Washington State Department of Commerce, State Energy GENERAL ASSUMPTIONS Office, Carbon Tax Assessment Model (CTAM) – version • The effective date of the initiative is Dec. 6, 2018. 3.5. The Department of Commerce periodically updates • The provisions of the initiative apply prospectively, not data in the CTAM. Any data updates to the CTAM made retroactively. Initiative Measure No. 1631 11

between preparation and publication of this fiscal impact from this proposal could be approximately 1 percent statement are not reflected in the estimates displayed higher than modeled because the CTAM does not apply here. Although the initiative specifies that the US Bureau of a tax or fee to CO2 equivalents. Labor Statistic price index for all urban wage earners and • Five months of cash collections are reflected in fiscal clerical workers (CPI-W) is used to calculate the inflationary year 2020 due to the Jan. 1, 2020, effective date for the increase in the carbon fee, the Department of Revenue pollution fee. does not have access to a forecast for CPI-W so the CPI-U • No credits are granted for payment of a similar fee in is used instead. other jurisdictions. The following assumptions are made in the CTAM for • Qualifying light and power businesses or gas distribution modeling purposes: businesses are assumed to claim credit for 100 percent of the pollution fees for which they are liable. • Year one is set to calendar year 2020 to most closely correspond to the Jan. 1, 2020, effective date of the State Revenue Impacts proposed pollution fee. (See Table 1 on page 14) • The baseline reference energy forecast (option A) is specified, which corresponds to the EIA Annual Pollution Fee Revenues Distribution Assump- Energy Outlook 2018 reference case. tions and Descriptions • Marine fuels are exempted. Following deductions for administrative costs, 70 percent • Aircraft fuels are exempted. of the balance in the Clean Up Pollution Fund will be • “Transition coal,” i.e., power generated from coal deposited into the Clean Air and Clean Energy Account, plants scheduled to close by 2025, is exempted. 25 percent will be deposited into the Clean Water and • Power generated from Colstrip plants 1 and 2 are Healthy Forests Investments Account and 5 percent will be exempted since they are legally bound to cease deposited into the Healthy Communities Account. operations by Dec. 31, 2025. In addition, the initiative defines investor-owned utility- The following have been factored into the modeling to retained credits in the utilities’ Clean Energy Investment the extent possible: Account as gross operating revenue subject to UTC • An exemption for aircraft fuels. regulatory fees. This fee is equal to one-tenth of 1 percent • An exemption for maritime fuels. of the first $50,000 of gross operating revenue, plus two- • An exemption for pollution emissions from coal tenths of 1 percent of any gross operating revenue in closure facilities. excess of $50,000. In addition, each investor-owned utility • An exemption for the fossil fuels and electricity sold to must pay an annual fee of up to 1 percent of credited fees or used onsite by facilities with a primary activity that deposited into the Clean Energy Investment Account for falls into an Energy Intensive Trade Exposed (EITE) UTC administrative costs to implement the initiative. It sector. (Note that due to lack of available data, no is assumed that the fee is set annually at 1 percent and attempt has been made to model the impact of this excludes any amounts retained by consumer-owned exemption for qualifying support facilities.) utilities. These revenues would be deposited into the Public • Facility-specific emissions data has been drawn from the Service Revolving Account. Washington State Department of Ecology’s Greenhouse The initiative specifies that the Clean Up Pollution Fund Gas Reporting Program, which requires facilities that may be used to pay for reasonable administrative costs. emit at least 10,000 metric tons of CO2 per year in It is assumed that “administrative costs” include tax Washington to report. Note that facilities that emit fewer administration and other tasks necessary to implement the than 10,000 metric tons of CO2 per year in Washington initiative unless a state agency has a usual fund source for are not included in the data set used for estimating the the work required by the initiative. EITE exemption. (See Table 2 on page 14) • Emissions estimates have been adjusted to the extent possible to remove biogenic fuel emissions, non-CO2 STATE GOVERNMENT EXPENDITURES emissions and industrial process emissions. State Agency Implementation Cost Assump- • Zero growth is assumed for EITE facility emissions into tions the future. Because the pollution fee will not be collected until Jan. 1, • The initiative defines “carbon content to include both ˮ 2020, it is assumed that all costs for state agencies, except CO2 emissions and other CO2 equivalents (methane, UTC, to implement the initiative before this date will be paid nitrous oxide, hydrofluorocarbons, perfluorocarbons, from the State General Fund. UTC costs are paid from the sulfur hexafluoride, nitrogen trifluoride) released through Public Service Revolving Account. the combustion or oxidation of fossil fuels. The revenue 12 Initiative Measure No. 1631

The initiative would establish a public oversight board • The Office of the Governor would incur costs estimated (POB) to implement the new law. The POB adopts all at $8,326,874 for the staffing, operation, per diem programmatic policies, procedures and rules per the and compensation of the POB and three investment State Administrative Procedures Act for programs funded panels that would review and adopt through the through the Clean Air and Clean Energy Account, the rule-making process, as needed, plans, procedures, Clean Water and Healthy Forests Investments Account criteria and rules for the programs as well as conduct and the Healthy Communities Account. Utility investment effectiveness reviews. plans are approved by the Department of Commerce and • The Department of Commerce would incur costs UTC by Dec. 31, 2020, to allow utilities to obtain pollution estimated at $10,668,899 to draft the initial and final fee credits. pollution reduction investment plans as well as the POB activity is phased as follows: 1) formation and proposed rules for process and criteria to disburse organization; 2) programmatic rule makings and review funds from the Clean Air and Clean Energy Account. and approval of investment plans; 3) project approvals and In consultation with the Environmental and Economic updates to rules, policies and procedures; 4) appropriation Justice Panel, the department would incur costs to recommendations to the Legislature; and 5) tribal develop a plan for investments that directly reduce the consultations throughout. energy burden of people with lower incomes; design and implement comprehensive enrollment campaigns The POB would meet bimonthly in Olympia beginning to inform and enroll people with lower incomes in March 1, 2019. From March 2019 through January 2020, energy assistance programs; create a program and the POB would hold one-day meetings; from February provide assistance and support to workers in fossil 2020 through January 2021, each meeting would last two fuel industries affected by the transition to a cleaner days, with one-day meetings thereafter. energy economy; and develop draft procedures For each of the three Investment Advisory Panels, meeting and rules to provide community capacity grants to length, location and frequency would mirror that of the participate in implementing the initiative. The agency POB, except that panel meetings would start in July 2019. would participate in development of carbon emission standards, validate a facility’s EITE designation and The Department of Health would begin work on Jan. 1, review petitions by fee payers for credits for similar 2019, to designate pollution and health action areas and pollution fees imposed by other states. It would would complete this task by July 31, 2019. also conduct effectiveness reviews of programs in To meet the requirement that state agencies submit all achieving carbon reduction goals and implementing policies, procedures and rules related to expenditures from pollution reduction plans. the Clean Air and Clean Energy Account, the Clean Water • The Department of Health would incur estimated and Healthy Forests Investments Account and the Healthy costs of $631,000 to designate and update pollution Communities Account to the POB by Jan. 1, 2020, state and health action areas, participate on the POB and agency work would begin on Jan. 1, 2019. State agencies help support the Environmental and Economic Justice would also begin work on Jan. 1, 2019, to develop the Panel and other investment panels. initial pollution reduction investment plans and rules that • The Department of Ecology would incur both describe the processes and criteria to disburse funds from estimated costs and savings. Estimated costs of the Clean Air and Clean Energy Account, with review and $3,325,787 would be incurred to develop procedures, approval by the POB by Jan. 1, 2020. A permanent pollution criteria and rules for grant programs for increasing reduction investment plan and rule would be submitted to the ability to remediate and adapt to the impacts of the POB by Jan. 1, 2022. ocean acidification, reducing flood risk and restoring The Department of Ecology would begin work on Jan. 1, natural floodplain ecological function, increasing the 2019, and would adopt emergency rules by Nov. 1, 2019, sustainable supply of water and improving storm that specify the carbon content inherent in or associated water infrastructure from previously developed areas with covered fossil fuels and electricity. within an urban growth boundary. These costs would also enable Ecology to contribute to development STATE AGENCY EXPENDITURES of procedures, criteria and rules on restoring and State agency costs are estimated to be $27,178,592 protecting estuaries, fisheries and marine shoreline over five fiscal years to implement the initiative. Costs by habitats, and preparing for sea level rise. The agency agency are: would also adopt emergency rules specifying • The Department of Revenue would incur costs the basis for the carbon content of covered fossil estimated at $4,170,500 to administer pollution fee fuels and electricity, work in consultation with the collection activities. Department of Commerce to select a default emission Initiative Measure No. 1631 13

factor for light and power businesses, and publish a • The Washington State Department of Agriculture default emissions factor for U.S. Bonneville Power would incur estimated costs of $485,000 to develop Administration sales of electricity in Washington proposed procedures, criteria and rules for a program state. Ecology would also serve as a voting member to increase soil sequestration and reduce emissions of the POB, engage investment advisory panels and from the loss and disturbance of soils. participate in conducting effectiveness reviews of • The UTC would incur estimated costs of $4,800,418 programs in achieving carbon reduction goals and to review and approve private utilities’ clean energy implementing pollution reduction plans. Ecology investment plans, review utilities’ annual reports on would incur estimated savings of $10,436,000 in implementing their clean energy investment plans, the State General Fund and the State Toxics Control conduct necessary rule making, support the POB and Account from adopting rules to eliminate the program the investment panels, undertake tribal consultation supporting the Clean Air Rule (Chapter 173-442 on clean energy investments and participate in Washington Administrative Code) and associated development of an effectiveness report. greenhouse gas emissions reporting (Chapter 173- • The University of Washington would incur estimated 441 Washington Administrative Code), for a net costs of $797,070 for its Department of Environmental estimated savings of $7,110,213 over the five-year and Occupational Health Sciences to assist the period. Department of Health in designating and updating • The Washington State Recreation and Conservation pollution and health action areas, and for the Climate Office would incur estimated costs of $534,272 to Impacts Group to provide technical assistance to develop proposed procedures, criteria and rules the Department of Natural Resources in developing for a grant program to prevent the conversion and programs and allocating funds for the clean water and fragmentation of working forests, farmland and healthy forest investments that increase resilience natural habitat that sequester carbon and provide from climate impacts on wildlife and forest health and additional ecological benefits and to participate in for investments to prepare communities for challenges the development of proposed procedures, criteria caused by climate change. and rules for clean water investments that improve • The Washington State University Energy Program resilience from climate impacts. The agency would would incur estimated costs of $525,000 to participate also participate as a voting member of the POB. in drafting the initial and final pollution reduction • The Department of Fish and Wildlife would incur investment plans. estimated costs of $423,600 to participate in • The Office of Superintendent of Public Instruction development of proposed procedures, criteria and would incur estimated costs of $80,000 for developing rules for clean water investments that improve and implementing education programs and teacher resilience from climate impacts. development programs to expand awareness of • The Puget Sound Partnership would incur estimated and increase preparedness for the environmental, costs of $272,772 to participate in the development social and economic impacts of climate change and of proposed procedures, criteria and rules for clean strategies to reduce pollution. water investments that improve resilience from (See Table 3 on page 15) climate impacts, review programs and projects for consistency with the Puget Sound Action Agenda, LOCAL GOVERNMENT AND SCHOOL DISTRICT and participate in conducting effectiveness reviews EXPENDITURES of programs in achieving carbon reduction goals and implementing pollution reduction plans. (See Table 4 on page 15) • The Department of Natural Resources would incur Cities, public utility districts, port districts and other local estimated costs of $2,573,400 to develop proposed governments that provide electricity and natural gas procedures, criteria and rules to sequester carbon services would potentially be required to pay the pollution through blue carbon projects, invest in healthy fee. It is estimated that 43 local governments would likely forests and enhance community preparedness and be impacted by the initiative. Publicly owned utilities could awareness of wildfires. Costs would also support tribal either pay the pollution fee or claim a credit for state- communities to suppress, prevent and recover from approved clean-energy investments. It is assumed that wildfires, and relocate tribal communities impacted publicly owned utilities operated by local governments by flooding and sea level rise. The agency would also would incur costs of $158,623,072 over four years, primarily participate in development of proposed procedures, for state-approved clean-energy investments made in lieu criteria and rules for clean water investments that of pollution fees for which they would be liable. improve resilience from climate impacts. 14 Initiative Measure No. 1631

Key assumptions used to generate these estimates are: The Office of Superintendent of Public Instruction • Pollution fee estimates are based upon the Department estimates that there are approximately 30 school districts of Commerce’s 2016 Washington State Electric Utility that operate their own fueling distribution facilities that Fuel Mix Disclosure Report and the EIA 2016 data on service their school bus fleets. To the extent these districts natural gas utility deliveries. purchase fuel from out-of-state suppliers, they would be • All consumer-owned utilities will withhold 100 percent liable for the pollution fee. The source of fuel for these of pollution-fee liability as pollution-fee credits equal facilities is unknown, so no estimate is included of any to the value of clean-energy investments; however, potential costs to school districts. Similarly, the pollution the specific types of programmatic investments fee liability incurred by local governments operating their are unknown at this time. Jurisdictions choosing own fuel-distribution facilities supplied with fuel imported to participate in credit-eligible activities will incur directly from out of state is not known at this time. indeterminate costs related to developing clean energy investment plans, applying for credits and reporting on funding usage. • Neither the mix of fuels associated with electricity sources nor the demand for carbon-based fuels changes from 2016 reported levels. Local governments generally do not have the ability to modify their fuel mixes in the near term, and the impact of utility clean- energy investments on fuel mix and electricity demand are unknown at this time.

Table 1 – Pollution fee revenues deposited into the Clean Up Pollution Fund State Revenue FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Impact Clean Up $0 $238,374,000 $610,047,000 $686,365,000 $760,999,000 Pollution Fund

Table 2 – State revenues State Revenue FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Impact by Fund Clean Up Pollution Fund $0 $4,670,163 $6,495,803 $6,106,598 $4,840,946 (Administration) Clean Air and Clean Energy $0 $163,592,686 $422,485,838 $476,180,881 $529,310,638 Account Clean Water and Healthy Forest $0 $58,425,959 $150,887,799 $170,064,601 $189,039,514 Account Healthy Communities $0 $11,685,192 $30,177,560 $34,012,920 $37,807,903 Account Public Service Revolving $0 $996,266 $2,545,019 $2,898,850 $3,244,937 Account State Total $0 $239,370,266 $612,592,019 $689,263,850 $764,243,938 Initiative Measure No. 1631 15

Table 3 – State Expenditures from the State General Fund, the Clean Up Pollution Fund, the Public Service Revolving Account and the State Toxics Control Account Agency FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Governor’s $174,180 $2,109,440 $2,031,220 $1,930,146 $2,081,888 Office Department of $0 $1,764,400 $819,700 $810,700 $775,700 Revenue Department of $2,452,979 $2,542,708 $1,657,286 $2,649,444 $1,366,482 Commerce Department of $315,000 $46,000 $162,000 $62,000 $46,000 Health Department of $(467,705) $(701,365) $(1,943,750) $(1,905,164) $(2,092,229) Ecology Recreation and Conservation $118,846 $261,226 $139,846 $7,177 $7,177 Office Department of $62,800 $191,000 $169,800 $0 $0 Fish and Wildlife Puget Sound $33,419 $33,420 $33,104 $93,098 $79,731 Partnership Department of Natural $650,700 $1,241,100 $648,800 $16,400 $16,400 Resources Department of $118,000 $224,000 $143,000 $0 $0 Agriculture Utilities and Transportation $253,294 $843,092 $1,111,404 $1,479,395 $1,113,233 Commission University of $208,518 $160,161 $142,797 $142,797 $142,797 Washington Washington $75,000 $175,000 $125,000 $100,000 $50,000 State University Office of Superintendent $0 $80,000 $0 $0 $0 of Public Instruction Total $3,995,031 $8,970,182 $5,240,207 $5,385,993 $3,587,179

Table 4 – Total local government expenditure impact FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Publicly Owned $0 $18,811,545 $40,579,011 $46,552,927 $52,679,589 Utilities Local Government $0 $18,811,545 $40,579,011 $46,552,927 $52,679,589 Total 16 Initiative Measure No. 1631 Argument for Argument against Building a Cleaner Healthier Future for Our Kids I-1631’s deeply flawed, unfair energy tax would force We have a responsibility to future generations to pass on a Washington families, small businesses and consumers to pay healthier place to live. Initiative 1631 is a sensible step that billions in higher costs for gasoline, electricity, heating and puts a fee on large polluters like big oil companies, making natural gas – while exempting the state’s largest polluters, and them pay when they pollute our air and water and invests in providing little accountability for spending. affordable clean energy and healthier communities. $2.3 Billion Energy Tax, Increases Every Year Holding Big Polluters Accountable to Protect our Air and The state’s analysis shows 1631 would cost consumers over Water $2.3 billion in the first five years alone. Higher electricity When big oil companies pollute they leave the rest of us to and natural gas bills would add hundreds of millions more pay the price with our health and environment. Initiative 1631 in consumer costs, and 1631’s escalating taxes would will make clean energy like wind and solar more affordable for automatically increase every year – with no cap. more people, reduce over 25 million tons of pollution annually, Largest Polluters Exempt and build new clean energy projects creating 41,000 good 1631 would exempt many of the state’s largest polluters, paying jobs across the state. including a coal-fired power plant, pulp and paper mills, aircraft Public Accountability and Transparency manufacturers and other large corporate emitters. Six of the All investments are overseen by a public board of experts state’s top 10 carbon emitters would be exempt from 1631, in science, business, health, and trusted community leaders while consumers and small businesses would pay billions. so that big oil companies and their lobbyists aren’t making Gasoline, Energy Prices Increase Annually With No Cap decisions about our future. Regular audits will ensure we’re Independent estimates show 1631 would increase gasoline reducing pollution and expanding clean energy. prices by up to fourteen cents more per gallon at first, Washington vs. Big Oil increasing annually, and quadrupling within 15 years, with Initiative 1631 is backed by the largest initiative coalition in no cap. Families, small businesses and farmers would also state history, including over 200 organizations and businesses pay higher costs for natural gas, heating fuel, electricity and like The Nature Conservancy, American Lung Association, transportation, costing households hundreds more per year, Union of Concerned Scientists, REI, Children’s Alliance, Sierra especially hurting those who could least afford it. Club, MomsRising, Physicians for Social Responsibility, Tulalip Lack of Accountability, No Guarantee Tribes, Washington Conservation Voters, OneAmerica, UFCW 1631’s unelected board would have broad authority to 21, and Latino Community Fund. disperse billions with little accountability and no specific By voting Yes we will build clean energy, create thousands of plan, no requirements to spend funds specifically to reduce jobs, and pass on a healthier future for our kids. greenhouse gases, and no guarantee of effectiveness. 1631 deserves a no vote. Rebuttal of argument against Five out-of-state oil companies are funding 99.9% of the Rebuttal of argument for opposition campaign. They will say anything to protect their I-1631’s deeply flawed approach to climate policy exempts billion-dollar profits. 1631 is a sensible step to reduce pollution Washington’s largest polluters, imposes a permanently today and leave a better future for our kids, by making big oil escalating tax on Washington families, and disproportionately companies pay for the pollution they create. It makes clean burdens those who can least afford it. I-1631 has no energy more affordable, creating over 41,000 good paying clear guidelines for how its unelected board of political jobs here in Washington. Let’s build our future on our terms. appointees would spend billions in taxpayer dollars, and no real accountability or likelihood of significantly reducing Written by greenhouse gases. Cliff Mass, Ph.D., atmospheric sciences Carrie Nyssen, American Lung Association, Vancouver; expert, represents his own opinions – not those of the Leonard Forsman, President, Affiliated Tribes of Northwest University of Washington. Indians, Suquamish; Ann Murphy, President, League of Women Voters of Washington, Spokane; Tony Lee, Co- Written by Chair, Asian Pacific Islander Coalition, Seattle;Bonnie Frye Dean Maxwell, Mayor of Anacortes 1993 – 2013; Anne Lawrence, Hemphill, Solar Installers of Washington, Seattle; Cenetra Board Member, Washington Farm Bureau, Family Farmer, Pickens, Registered Nurse, union member SEIU Healthcare Vancouver; Brian Sonntag, Washington State Auditor 1993 – 1199NW, Tacoma 2013; Sabrina Jones, Small Business Owner, Spokane; Mark Contact: (206) 535-6617; [email protected]; yeson1631.org Riker, Executive Secretary, Washington State Building Trades; Cliff Mass, Professor of Atmospheric Sciences, Seattle, Washington Contact: (877) 539-4443; [email protected]; VoteNOon1631.com Initiative Measure No. 1634 17

Initiative Measure No. Initiative Measure No. 1634 concerns taxation of certain items intended for human consumption.

This measure would prohibit new or increased local taxes, fees, or assessments on raw or processed foods or beverages (with exceptions), or ingredients thereof, unless effective by January 15, 1634 2018, or generally applicable. Should this measure be enacted into law? [ ] Yes [ ] No

Explanatory Statement 18 Fiscal Impact Statement 18 Arguments For and Against 19

The Secretary of State is not responsible for the content of statements or arguments (WAC 434-381-180). 18 Initiative Measure No. 1634

a classification related to groceries. Initiative 1634 would Explanatory Statement not prohibit a local tax, fee, or assessment on alcoholic Written by the Office of the Attorney General beverages, marijuana products, or tobacco. Initiative 1634 The Law as it Presently Exists would not restrict counties’ and cities’ existing authority to impose local sales and use taxes. Initiative 1634 would All local taxation must be authorized by state law. Current not restrict local governments’ existing authority to impose state law gives broad taxing authority to counties, cities, and other taxes on transactions involving non-grocery items. towns. The Washington Supreme Court has recognized that cities’ and towns’ taxing authority includes the authority to Fiscal Impact Statement tax retailers for the privilege of conducting a specific type of Written by the Office of Financial Management retail business within the city. Counties and cities also have For more information visit www.ofm.wa.gov/ballot authority to impose sales and use taxes within certain limits that the Legislature has set. For example, local sales or use FISCAL IMPACT SUMMARY taxes can be imposed only when the state sales or use tax Initiative 1634 prohibits new or increased local taxes, fees is also due on a sale or item. or assessments on raw or processed foods, beverages or their ingredients, intended for human consumption except Local governments like cities and counties have relied on alcoholic beverages, marijuana products and tobacco, this broad local taxing authority to impose taxes related to unless they are generally applicable and meet specified specific products. For example, in 2017 the City of Seattle requirements. The initiative allows local government to adopted an ordinance imposing a privilege tax on the continue to collect revenue if the ordinance was in effect distribution of sweetened beverages like soda within the city by Jan.15, 2018. The revenue and expenditure impacts limits. The City of Seattle’s tax is calculated based on the cannot be determined because the potential lost revenue volume of sweetened beverages or concentrate distributed is based on volume of product sold within the jurisdiction. in the city. The State has imposed state sales and use taxes on the GENERAL ASSUMPTIONS retail sale of most items, but food and food ingredients are • The effective date of the initiative is Dec. 6, 2018. generally exempt from these state taxes. Nevertheless, state • The provisions of the initiative apply to taxes, fees or sales and use taxes are imposed on prepared food, alcoholic other assessments on groceries applied after Jan. 15, beverages, bottled water, and soft drinks. There are also 2018. additional state taxes on alcoholic beverages, cigarettes, • Estimates use the state’s fiscal year of July 1 through June tobacco products, and marijuana products. 30. Fiscal year 2019 is July 1, 2018, to June 30, 2019. The Effect of the Proposed Measure if Approved REVENUE If adopted, Initiative 1634 would prevent local governments Local revenue impacts from imposing or collecting any new tax, fee, or other The initiative has an indeterminate impact on local revenue. assessment on certain grocery items after January 15, It would prohibit imposing or collecting any new tax or fee, 2018. This restriction would prohibit any new local tax, fee, or making an inflationary adjustment on taxes or fees on or assessment of any kind on the manufacture, distribution, certain grocery items after Jan. 15, 2018. sale, possession, ownership, transfer, transportation, The city of Seattle enacted a sweetened beverage privilege container, use, or consumption of certain groceries. Initiative tax prior to the effective date of the initiative. Seattle estimates 1634 would also prohibit any increase of existing local taxes, the tax will generate $23.378 million per year. Since the fees, or assessments on these grocery items after January imposition of the tax was started before Jan. 15, 2018, the 15, 2018. tax will remain in effect. However, the city of Seattle would Local governments covered by this initiative are counties, not be able to adjust the tax by inflation. cities, and towns, as well as other municipal corporations State revenue impacts assumptions and descrip- and local taxing districts. Covered grocery items would tion include any raw or processed food or beverage, or any The initiative would not have a state revenue impact because ingredient, intended for human consumption. This would it does not apply to state taxes, fees or other assessments. include, for example, meat, produce, grains, dairy products, nonalcoholic beverages, spices, and condiments, among EXPENDITURES other things. Covered groceries do not include alcoholic Local government expenditures beverages, marijuana products, or tobacco. The initiative would not have an expenditure impact on local Initiative 1634 would not prevent the State from imposing new governments because it prevents the future imposition of taxes on groceries. It would not prevent local governments local taxes or fees on groceries after Jan. 15, 2018. from imposing or collecting a new tax, fee, or assessment State government expenditures that is generally applicable to a broad range of businesses The initiative would not have an expenditure impact on state and business activity, so long as it does not impose a higher government because it does not apply to state taxes, fees tax rate on groceries or impose a higher tax rate based on or other assessments. Initiative Measure No. 1634 19 Argument for Argument against Yes on I-1634 protects working families, farmers, and local Initiative 1634 takes away local control and gives it to the businesses. state I-1634 would ensure that our groceries – foods and beverages This confusing measure imposes a one-size-fits-all state that we consume every day – are protected from any new or law that takes power away from voters and hands it to the increased local tax, fee, or assessment. state, silencing our voice in local decision-making. Different Help keep groceries affordable. communities have unique needs and local voters deserve a The rising cost of living makes it harder for families to afford the say in how revenue decisions are made. This initiative is a basics. Special interest groups across the country, and here slippery slope toward greater state control at the expense of in Washington, are proposing taxes on groceries like meats, our cities, towns, and local communities. dairy and juices – basic necessities for all families. I-1634 Corporate special interests are spending millions to strip would prevent local governments from enacting new taxes away voter choices and protect profits on groceries. Higher grocery prices don’t hurt the wealthy I-1634 has nothing to do with keeping our food affordable. In elites but crush the middle class and those on fixed incomes, fact, tax prohibitions on everyday food items — from fruits and including the elderly. vegetables to milk and bread—are already reflected in voter approved state law. Instead, this measure is funded almost Take a stand for fairness. exclusively by the multi-billion-dollar soda industry. They are Washington has the most regressive tax system in the country only concerned with their profits and are spending millions on and places a larger tax burden on the backs of middle and this initiative—and misleading advertisements—that would fixed-income families than the wealthy. Taxes on groceries undermine local control. make our current tax structure even more unfair for those struggling to make ends meet. Reject Initiative 1634 to prevent future erosion of local powers by special interests Bipartisan and diverse support for I-1634 from citizens, I-1634 sets a dangerous precedent -- any special interest farmers, local businesses, and community organizations. could spend millions on a misleading initiative to limit our rights Organizations that represent Washington farmers (Washington as voters and our local autonomy. Voting no sends a clear Farm Bureau, Tree Fruit Association, State Dairy Federation), message that we value local control and will not be fooled by labor (Joint Council of Teamsters, International Association the political agenda of wealthy industries or outside groups. of Machinists, Seattle Building Trades), and business (Washington Beverage Association, Washington Food Industry Association, Washington Retail Association, Korean American Rebuttal of argument for Grocers Association) are united in supporting I-1634 to keep State law already precludes taxes on groceries. Initiative 1634 our groceries affordable. is funded by the soda industry to take away local choices from By voting yes on I-1634, you can take a stand for affordability our cities and towns. This confusing measure reduces local and fairness for Washington’s working families. options while increasing state control at a time when we are struggling to fund important community programs. Stand with doctors, teachers and community advocates in saying no to Rebuttal of argument against this blatant corporate power grab. I-1634 prohibits new, local taxes on groceries, period. It does not prevent voters from raising taxes on anything else to meet local needs. This is necessary to close a loophole allowing Written by municipalities to tax groceries, even though the state does not. Mary Ann Bauman, MD, American Heart Association; Kate That’s why thousands of Washington workers, farmers, small Burke, Spokane City Council; Jill Mangaliman, Got Green; businesses, and consumers support I-1634. It protects us Jim Krieger, MD, MPH Healthy Food America; Val Thomas- from taxation of everyday foods and beverages which raises Matson, Healthy King County Coalition; Carolyn Conner, prices, costs jobs and hurts working families. Nutrition First Contact: (360) 878-2543; [email protected]; Written by www.wahealthykidscoalition.org Jeff Philipps, Spokane civic leader, President of Rosauers Supermarkets; April Clayton, Farmer, Chelan/Douglas County Farm Bureau Vice President; Haddia Abbas Nazer, Yakima small businesswoman, Central Washington Hispanic Chamber President; Carl Livingston, Seattle community activist, lawyer, professor, and Pastor; Heidi Piper Schultz, Vancouver small businesswoman, Corwin Beverage Company Board President; Larry Brown, Auburn City Councilman, Aerospace Machinists 751 Legislative Director Contact: (425) 214-2030; [email protected]; yestoaffordablegroceries.com 20 Initiative Measure No. 1639

Initiative Measure No. Initiative Measure No. 1639 concerns firearms. This measure would require increased background checks, training, age limitations, and waiting periods for sales or delivery of semiautomatic assault rifles; criminalize noncompliant storage upon unauthorized use; allow fees; and enact other provisions. 1639 Should this measure be enacted into law? [ ] Yes [ ] No

Explanatory Statement 21 Fiscal Impact Statement 23 Arguments For and Against 25

The Secretary of State is not responsible for the content of statements or arguments (WAC 434-381-180). Initiative Measure No. 1639 21 Explanatory Statement The entry of restraining orders for harassing, stalking, or threatening an intimate partner or child may make a person Written by the Office of the Attorney General ineligible to possess a firearm under some circumstances. Firearm rights can be restored under some circumstances. The Law as it Presently Exists People between the ages of 18 and 21 are generally allowed Washington law requires background checks for the sale to possess a pistol only in their residence, their place of or transfer of firearms, with exceptions. This background business, or property under their control. A person under check requirement applies to sales and transfers of firearms age 18 is generally prohibited from possessing a firearm. through firearms dealers, at gun shows, online, and State law allows a person under age 18 to possess a between unlicensed private individuals. This requirement firearm only under limited circumstances. These exceptions applies to most sales of firearms, as well as gifts or loans include, among others: while attending a firearms safety of firearms. The background check includes checking course, while practicing or target shooting at an approved with federal and state agencies for criminal convictions, range, while competing in an organized competition, while pending criminal charges or warrants, and certain mental hunting with a valid hunting license, or in certain instances health records. with parental permission. A sale or transfer of a firearm cannot take place if the Residents of other states may purchase rifles and shotguns background check shows that the buyer or recipient is in Washington if they are eligible to possess such weapons legally ineligible to possess it. The sale or transfer of a under federal law and the laws of both Washington and firearm may be completed if the result of a background the state in which they reside. Nonresidents are subject to check is not received within 10 business days. That 10 day the same background check requirements that apply to period is extended to 60 days if the buyer or recipient does Washington residents. not have a valid permanent Washington driver’s license or state identification card, or has not lived in Washington for State law does not currently require firearms safety training at least 90 days. It is a felony to deliver a firearm to any to possess a firearm. Hunter safety training may be required person reasonably believed to be prohibited from owning to obtain a hunting license. State law does not specifically or possessing a firearm. regulate firearms storage. The delivery of a pistol may be restricted based on an The Effect of the Proposed Measure if Approved outstanding warrant for a buyer’s arrest or certain other This measure would change state laws regarding firearms. charges or proceedings that might be pending against the Some of these changes would relate only to semiautomatic buyer. Certain recordkeeping requirements apply to the assault rifles, as defined. Other changes would apply to sale of a pistol that do not apply to other types of firearms. other types of firearms as well. A licensed firearm dealer must report to the state the buyer’s name, address, and other information. The state The initiative defines a “semiautomatic assault maintains records of the sales of pistols. The state does not rifle” to mean: maintain records of other transfers or a registry of firearms. any rifle which utilizes a portion of the energy State law requires that an application for the purchase of of a firing cartridge to extract the fired cartridge a pistol contain a warning about the possibility of criminal case and chamber the next round, and which prosecution for the illegal possession of firearms, and that requires a separate pull of the trigger to fire state and federal laws regarding possession of firearms each cartridge. differ. The initiative defines semiautomatic assault rifles not to State law makes it illegal to possess some kinds of firearms. include antique firearms, permanently inoperable firearms, These include machine guns, short-barreled shotguns, and or any firearm that is manually operated by bolt, pump, short-barreled rifles. Machine guns include firearms that lever, or slide action. do not require a separate trigger pull for each shot, and This initiative would add new requirements for the purchase can store ammunition in a separable device such as a clip of a semiautomatic assault rifle. Buyers would be required that can fire at the rate of five or more shots per second. to provide proof that they have completed a recognized There are exceptions to this prohibition. firearm safety training program within the past five years. State law prohibits certain people from possessing That training program must include instruction on: firearms. A person convicted of certain crimes or found not • Basic firearms safety rules; guilty by reason of insanity is ineligible to possess a firearm. The entry of a civil commitment order based on mental • Firearms and children, including secure gun storage health also makes a person ineligible to possess a firearm. and talking to children about gun safety; 22 Initiative Measure No. 1639

• Firearms and suicide prevention; the firearm. Failure to securely store a firearm would only • Secure gun storage to prevent unauthorized access be a crime if certain other events happen. A person who and use; fails to securely store a firearm would be guilty of a felony if a person who is legally ineligible to possess a firearm • Safe handling of firearms; and uses it to cause personal injury or death. A person who • State and federal firearms laws, including prohibited fails to securely store a firearm would be guilty of a gross firearms transfers. misdemeanor if a person who is legally ineligible to possess a firearm discharges it, uses it in a way that shows intent This initiative would make it illegal for a person under 21 to intimidate someone or that warrants alarm for the safety years of age to buy a pistol or semiautomatic assault rifle. of others, or uses the firearm in the commission of a crime. It would make it illegal for any person to sell or transfer a semiautomatic assault rifle to a person under age 21. The initiative would not mandate how or where a firearm The initiative would prohibit a person between the ages of must be stored. But it would provide that the crimes 18 and 21 from possessing a semiautomatic assault rifle regarding unsecure storage would sometimes not apply. except in the person’s residence, fixed place of business, Those crimes would not apply if the firearm was in secure on real property under his or her control, or for other gun storage, meaning a locked box, gun safe, or other locked specified purposes. storage space that is designed to prevent unauthorized use or discharge of a firearm. The crimes also would not apply The initiative would require a dealer to wait at least 10 if the firearm was secured with a trigger lock or similar days before delivering a semiautomatic assault rifle to a device that is designed to prevent the unauthorized use buyer. It would also prohibit anyone who is not a resident or discharge of the firearm. The crimes would not apply if of Washington from buying a semiautomatic assault rifle in the person who gets the firearm is ineligible to possess it Washington. because of age but the access is with parental permission The initiative would change some laws that currently and under adult supervision. The crimes would not apply in apply only to pistols and apply them to both pistols and cases of self-defense. Finally, the crimes would not apply if semiautomatic assault rifles. These include restrictions on the person who is ineligible to possess a firearm obtains it delivery when a buyer has an outstanding warrant for his through unlawful entry, if the unauthorized access or theft or her arrest. This would also be true for situations in which is reported to law enforcement within five days of the time certain charges or proceedings are pending. Background the victim knew or should have known that the firearm had check and record keeping requirements that currently been taken. apply only to the purchase of pistols would also apply to The initiative would require every firearm dealer to offer the purchase of semiautomatic assault rifles. The same to sell or give the purchaser or transferee of any firearm requirements for collecting and maintaining information a secure gun storage device or trigger lock. It would also on purchases of pistols would apply to purchases of require every store, shop, or sales outlet where firearms semiautomatic assault rifles. are sold to post a warning sign advising buyers that The initiative would require a new warning on application they may face criminal prosecution if they store or leave forms for the purchase of a pistol or semiautomatic assault an unsecured firearm where a person prohibited from rifle. This new warning would read: possessing the firearm can get it. A similar written warning CAUTION: The presence of a firearm in must be delivered to firearm buyers and transferees. the home has been associated with an Violation of these requirements would be a civil infraction. increased risk of suicide, death during Finally, the initiative would require the development of a domestic violence incidents, and cost-effective and efficient process to verify that people unintentional deaths to children and who have acquired pistols or semiautomatic assault rifles others. remain eligible to possess a firearm under state and federal The initiative would allow the state to impose a fee of up to law. This process would provide for notice to local chiefs $25 on each purchaser of a semiautomatic assault rifle. This of police and sheriffs to take steps to ensure that persons fee would be used to offset certain costs of implementing legally ineligible to possess firearms are not illegally in the initiative. The fee would be adjusted for inflation. possession of firearms. The initiative would create new criminal offenses for the unsafe storage of a firearm if a person who cannot legally possess a firearm gets it and uses it in specified ways. These crimes would apply to a person who stores or leaves a firearm in a place where the person knows, or reasonably should know, that a prohibited person may gain access to Initiative Measure No. 1639 23

background checks were conducted each year between Fiscal Impact Statement 2013 and 2017. Written by the Office of Financial Management For more information visit www.ofm.wa.gov/ballot Subtracting the number of mental health background checks for CPLs and handguns from the number of FISCAL IMPACT SUMMARY criminal checks for CPLs, hand guns and long guns yields an average estimate of 260,000 long gun criminal checks Initiative 1639 changes state laws regarding firearms. It per year. The state does not have data to determine what allows the state to collect a fee up to $25 for certain rifle percentage of the total long gun checks would meet the sales and transfers; however, the number of these rifle definition of SAR under the initiative. sales and transfers isn’t available. The initiative creates new criminal offenses for unsafe storage of a firearm. EXPENDITURES The state and local costs related to these criminal State Government Expenditures offenses cannot be determined as there is no data to estimate the number of cases filed or persons convicted Annual verification of eligibility to possess a each year. The cost for the annual verification cannot firearm be determined as the process has not been developed. The initiative would allow, but would not require, DOL, Therefore, the fiscal impacts cannot be determined. Washington State Patrol and other state and local law enforcement agencies to form a temporary group to General Assumptions advise on how to set up an efficient, cost-effective process • The effective date of the initiative is July 1, 2019, for annual verification of eligibility to possess a firearm. except Section 13, which takes effect Jan. 1, 2019. Whether such a group is formed, and what expenses it may • The provisions of the initiative apply prospectively, incur, are unknown and indeterminate. However, DOL has not retroactively. conducted similar work group activities that cost $15,000. • No data is available on the number of The initiative does not define the verification process, and semiautomatic rifles bought or transferred each DOL has not yet identified a likely option or set of options year in Washington. Federal law prohibits the for annual verifications. Therefore potential costs to state tracking of gun purchases (U.S.C. Title 18, Part 1, and local governments are indeterminate. Chapter 44, Sec. 926). • Fiscal estimates use the state’s fiscal year of July 1 Mental health background checks through June 30. Fiscal year 2019 is July 1, 2018, The initiative would require mental health background to June 30, 2019. checks for someone to purchase a SAR. Although data is not available to estimate the number of additional REVENUE mental health background checks that would need to be State Revenue performed, more work is likely for the Health Care Authority. The Department of Licensing (DOL) would be authorized One or more additional background check specialists to charge a fee of up to $25 for each semiautomatic could be hired at an annual cost of $83,000 each. assault rifle (SAR) sale or transfer. (The initiative includes Unsafe storage of a firearm crime a new definition for SAR.) The fee would be adjusted for The initiative would create a new class C felony of inflation. The initiative specifies the distribution of this Community Endangerment Due to Unsafe Storage of a revenue to state agencies and local law enforcement Firearm in the First Degree. It would be punishable by 0–12 agencies for record keeping and other related costs months in county jail (see local expenditure impacts). The they incur. Because data is not available to provide number of potential prosecutions and convictions of this an estimate on the number of SARs purchased, no new crime is unknown. estimate of state revenue is available. However, the state does have data on the number of background checks If an aggravated exceptional sentence were imposed, a conducted for concealed pistol licenses (CPLs) and sentence exceeding 12 months would result and be served sales of handguns and long guns (which would include at a state prison. The average cost of a state prison bed is SARs and other long guns). An average of 560,000 such $101 per day. background checks were conducted each year between There would be an indeterminate fiscal impact due 2013 and 2017. to additional filings or trial court proceedings to the Washington state law also requires mental health Administrative Office of the Courts as a result of any new background checks for all CPLs and handgun sales, but misdemeanor and/or felony charges. not long gun sales. An average of 300,000 mental health Dealers registered with DOL would be required to post 24 Initiative Measure No. 1639 warning signs and provide a written warning to a purchaser about secure gun storage. DOL would incur minimal costs to print and mail the warning signs to dealers. Record keeping The initiative would require the Department of Licensing to keep records of CPL and SAR applications and transfers. The department already tracks CPL applications and transfers. The addition of SARs to record keeping, as required by the initiative, would increase the data input workload to its firearms database. (While online submission is available, DOL receives 60 percent of applications by mail, in paper form, from dealers and private gun sales.) The department would also incur costs to update forms and upgrade computer systems to add SAR records to its firearms database. DOL would experience rule-making, information services and administrative costs to implement this initiative. One-time costs would be at least $1.1 million and $500,000 annually thereafter. Additional staffing costs could be incurred, depending on the number of SAR records the agency processes. Local Government Expenditures Annual verification of eligibility to possess a firearm If a person is found ineligible to possess a pistol or SAR, the Department of Licensing is required to notify a chief of police or sheriff, who then takes steps to ensure that the person does not illegally possess one. Associated costs are indeterminate. Unsafe storage of a firearm crime The initiative would create a new class C felony (Community Endangerment Due to Unsafe Storage of a Firearm in the First Degree). As an unranked Class C felony offense, it is punishable by a standard range term of confinement of 0–12 months in jail. It also would create a new gross misdemeanor (Community Endangerment Due to Unsafe Storage of a Firearm in the Second Degree). As a gross misdemeanor offense, it is punishable by a standard range term of confinement of 0–364 days in jail. Average costs to prosecute and defend a comparable felony are $2,260 and, for a comparable misdemeanor, view ballot approximately $1,700. Sentences of less than one year in length are typically status served in county jails. The average cost of a county jail bed is $106 per day. According to local governments, it is unknown how many people may be charged, tried or convicted. Costs are indeterminate for city and county law enforcement agencies, prosecutors, indigent defense attorneys and county jails. Initiative Measure No. 1639 25 Argument for Argument against Yes on I-1639: For Safer Schools and Communities I-1639 Removes Rights from Law-Abiding Adults Five of the last six school shooters used an assault weapon; Washington’s law-abiding adults aged 18-20 are responsible 80% of school shooters obtained guns from their own enough to vote, purchase a home, and serve in our military. home or that of a relative or friend. Over 187,000 students Yet I-1639’s proponents want you to believe these same adults have experienced school gun violence since 1999. Deadly cannot be trusted to defend themselves or their families and shootings, including Parkland, Las Vegas, Orlando, and even are attempting to use the crimes of a few as a justification to Mukilteo, involved assault weapons. Enough is enough. We curtail the rights of hundreds of thousands of Washingtonians. need to get serious about keeping firearms, especially assault I-1639 Makes Firearms Unavailable for Self-Defense weapons, out of the wrong hands. I-1639 would require gun owners to lock up their firearms or Assault Weapons are Made to Kill face criminal charges. This strict mandate renders firearms Assault weapons are not designed for hunting or protecting useless in self-defense situations by requiring them to be families from danger; they are military-grade weapons locked up. The United States Supreme Court invalidated designed to kill large numbers of people. These weapons a similar law as a violation of the Second Amendment, but belong in the hands of trained experts, not people who might I-1639’s proponents are nonetheless seeking to create this harm others. unconstitutional requirement in Washington. Commonsense Reforms I-1639’s Misguided Approach Will Not Impact Crime In the U.S. military, soldiers are not allowed to handle firearms Handguns- not rifles- are used in the majority of crimes without training. Yet, anyone in Washington can buy military- committed with a firearm in Washington. Targeting rifle grade weapons without training or additional screening. ownership will only restrict law-abiding adults from accessing This measure prevents anyone under the age of 21 from them for self-defense, home protection, and hunting. purchasing a semi-automatic assault rifle. It requires additional I-1639 is Another Extreme Seattle Agenda that Fails to background checks and mandatory training so people who Improve Safety buy these weapons use them safely. I-1639 requires securing I-1639 is bankrolled by a handful of Seattle billionaires that these and other deadly weapons, reducing how easily kids are more concerned with pushing failed California-style gun and prohibited users can access them. control than finding real solutions to make our schools and We Must Act to Reduce Gun Violence communities safe. This 33-page initiative requires firearm No law will stop every person intent on committing violence, registration, waiting periods, mandatory government training, but we must do something. Reducing access to assault firearm storage requirements, purchase tax, and more- none weapons and ensuring those who do own assault weapons of which will stop criminals or protect our Washington schools. have safety training is a commonsense reform we urgently need. Rebuttal of argument for I-1639 is not about “assault weapons”. I-1639 targets all semi- Rebuttal of argument against automatic rifles, including hunting rifles and target shooting The gun lobby has a long track record of trying to convince rifles. These are not fully automatic military grade weapons- Washingtonians there's nothing we can do to stop the plague these are commonly owned rifles used for self-defense, home of gun violence. They are wrong. This common sense measure protection and hunting. I-1639 places Washingtonians at risk requires the same standards for purchasing semi-automatic by restricting access to firearms for lawful self-defense, while assault rifles that are already required for handguns. It will doing nothing to increase security in schools or target violent not affect law-abiding, responsible gun owners, rather, it criminals. Don’t let I-1639 leave Washingtonians defenseless. will establish common sense safeguards to help prevent Vote No. dangerous, unlawful access to firearms. Written by Written by Brad Klippert, Deputy Sheriff, State Representative, Public Paul Kramer, Survivor, Mukilteo shooting; Ola Jackson, Safety Committee; Jane Milhans, Home Invasion Survivor, Student, Rainier Beach High School; Chris Reykdal, Women’s Self-Defense Trainer; Keely Hopkins, State Washington Superintendent of Public Instruction; Regina Director, National Rifle Association;Alan Gottlieb, Founder, Malveaux, Member, Washington State Women’s Commission, Second Amendment Foundation; Robin Ball, “Refuse to Be CEO YWCA Spokane; Mitzi Johanknecht, King County a Victim” Instructor, Spokane Region; Brian Blake, State Sheriff; Matt Vadnal, Mill Creek resident, Colonel United Representative, Democrat, 19th Legislative District States Army Reserve Contact: www.VoteNo1639.org Contact: (206) 718-3529; [email protected]; yeson1639.org 26 Initiative Measure No. 940

Initiative Measure No. Initiative Measure No. 940 concerns law enforcement. This measure would require law enforcement to receive violence de-escalation, mental-health, and first-aid training, and provide first-aid; and change standards for use of deadly force, adding a "good faith" standard and independent investigation. 940 Should this measure be enacted into law? [ ] Yes [ ] No

Explanatory Statement 27 Fiscal Impact Statement 28 Arguments For and Against 30

The Secretary of State is not responsible for the content of statements or arguments (WAC 434-381-180). Initiative Measure No. 940 27 Explanatory Statement In general, the new measure applies to “law enforcement officers,” which includes “law enforcement personnel” and Written by the Office of the Attorney General “peace officers.” So, like existing law, it applies to active police officers, Washington State Patrol officers, and The Law as it Presently Exists Department of Fish and Wildlife officers with enforcement State law sets forth when peace officers may use deadly powers. But it also applies to reserve officers and force in carrying out their duties. Peace officers include volunteers, or any other public employees whose primary active police officers, Washington State Patrol officers, and function is enforcement of criminal laws. Department of Fish and Wildlife officers with enforcement The measure would change the standard for when a powers. Under existing law, a peace officer is not criminally law enforcement officer may justifiably use deadly force. liable for using deadly force if the officer acts without It would adopt a “good faith” standard that permits a malice and with a good faith belief that deadly force is law enforcement officer to use deadly force only if: (1) a justifiable. The law recognizes certain circumstances where reasonable law enforcement officer, in light of all the facts deadly force could be justifiable. For example, it might be and circumstances known to the officer at the time, would justifiable if the force is necessary to overcome resistance. have believed that deadly force was necessary to prevent In addition, it might be justifiable if the peace officer death or serious physical harm to the officer or another believes deadly force is necessary to arrest a suspect who person; and (2) the particular officer intended to use deadly the officer reasonably believes has committed a felony; to force for a lawful purpose and sincerely and in good faith prevent escape or recapture an escapee from prison or believed that the use of deadly force was warranted under jail; or to suppress a riot involving a deadly weapon. In the the circumstances. In other words, to determine if the situation where a peace officer uses deadly force to arrest officer acted in “good faith,” the new law would examine a suspect who may have committed a felony, the officer not only what a particular officer’s intentions were, but must have probable cause to believe the suspect poses also what a reasonable officer would have done under the a threat of serious physical harm if not arrested. Evidence circumstances. The “good faith” test would apply in the that the suspect poses such a threat could include that specific situations listed under existing law as justifiable the suspect has threatened an officer with a weapon, or uses of deadly force (such as to prevent escape from a that there is probable cause to believe the suspect has prison), but also would determine whether an officer’s use committed a crime involving threatened or actual serious of deadly force is justifiable in any other potential situation physical harm. In such cases, deadly force may also be that might arise. An officer who uses deadly force would used if necessary to prevent the suspect’s escape after a not be criminally liable only if he or she meets the good warning has been issued, if possible. faith test. State law also provides for establishment of a Criminal To help determine whether the good faith test is met, the Justice Training Commission (the Commission) to provide measure would require an independent investigation any programs and set standards for training law enforcement time an officer’s use of deadly force results in death or personnel. Every new full-time law enforcement officer substantial or great bodily harm. The investigation would must take eight hours of crisis intervention training during be done by someone other than the agency whose officer their six months at the basic training academy, but there is was involved in the use of deadly force. If deadly force is no requirement that the Commission provide or that officers used on a tribal member, the investigation must include take any training specifically dealing with violence de- consultation with the member’s tribe and any appropriate escalation. And while the Commission must develop and information sharing. make mental health trainings available to law enforcement officers, state law does not require that officers take these The second change is that beginning in 2019, the measure trainings. would require all law enforcement officers in the state to take violence de-escalation and mental health trainings Existing state law does not contain any provision regarding developed by the Criminal Justice Training Commission. a law enforcement officer’s duty to render or facilitate first All existing law enforcement officers would be required to aid. take both trainings by a date to be set by the Commission, The Effect of the Proposed Measure if Approved and all new officers would need to take both trainings within fifteen months of starting employment. The initial This measure addresses three aspects of law enforcement. violence de-escalation training must educate officers on First, it addresses when law enforcement officers may use the good faith standard for use of deadly force. In addition deadly force. Second, it requires de-escalation and mental to the initial trainings, all law enforcement officers would health training for officers. Third, it requires officers to be required to periodically take continuing violence de- provide first aid in certain circumstances. escalation and mental health trainings to practice their 28 Initiative Measure No. 940 skills, update their knowledge and training, and learn about new legal requirements. Fiscal Impact Statement Written by the Office of Financial Management The Commission would be required to consult with law For more information visit www.ofm.wa.gov/ballot enforcement agencies and community stakeholders to come up with a curriculum for the violence de-escalation FISCAL IMPACT and mental health trainings, and to set specific training requirements—for example, how many hours the trainings Initiative 940 requires all law enforcement officers in the will be and how officers will receive the trainings. In state to receive violence de-escalation and mental health addition, the Commission would set a requirement that training, as developed by the Criminal Justice Training officers take the trainings to maintain their certification. Commission. There will be costs for the state to develop the The Commission would be required to consider a number training and costs for state and local government certified of specific subjects to include in the curriculum, including: peace officers to take the training. The fiscal impacts patrol tactics to avoid escalating situations that lead to cannot be determined because the training has not been violence; alternatives to jail booking, arrests, or citations; developed at this time. implicit and explicit bias, cultural competency, and the GENERAL ASSUMPTIONS historical intersection of race and policing; de-escalation • The effective date of the initiative is Dec. 6, 2018. techniques for dealing with people with disabilities and/ • The provisions of the initiative apply prospectively, not or behavioral health issues; “shoot/don’t shoot” scenario retroactively. training; alternatives to the use of physical or deadly force • Estimates use the state’s fiscal year of July 1 through so that such force is only used as a last resort; mental June 30. Fiscal year 2019 is July 1, 2018, to June 30, health and policing; and using public service, including 2019. rendering first aid, to provide more opportunities for positive interactions with the community. For the mental REVENUE health trainings, the Commission would be allowed to use State revenue impacts the existing curriculum it currently offers on mental health This initiative will have an indeterminate state revenue and crisis intervention. impact. While the entity providing the training may charge The third change is that the measure would require law a reasonable fee, the initiative does not specify whether enforcement personnel to provide first-aid to save lives, and local governments or the state should pay for the training. require the Commission to consult with law enforcement Although the Criminal Justice Training Commission may agencies to adopt guidelines for implementing this duty. charge a fee if it provides the training, the fee has not been The guidelines must establish first aid training requirements; determined. assist agencies and law enforcement officers in balancing Local revenue impacts competing public health and safety duties; and establish Local governments may charge a fee for providing the that law enforcement officers have a paramount duty to training, which cannot be estimated at this time. preserve the life of persons they come into contact with, including providing or facilitating first aid as early as EXPENDITURES possible. State government expenditures The Commission may adopt any rules required to carry out The initiative would have an indeterminate state expenditure the objectives of the measure, and if it does adopt rules it impact. The Criminal Justice Training Commission would must seek input from the Attorney General, law enforcement consult with law enforcement agencies and community agencies, tribes, and community stakeholders. stakeholders to adopt rules for carrying out the initiative’s training requirements. The Commission estimates each law enforcement officer would require at least 40 hours of additional training to meet the requirements. The stakeholder advisory group may recommend more hours of training, but for the purposes of this analysis, 40 hours of initial training and two hours of refresher training each year thereafter are assumed. According to the Washington Association of Sheriffs and Police Chiefs’ publication 2017 Full Time Law Enforcement Employees Data, the Commission may have to train more than 10,000 law enforcement officers. This number includes state and local certified peace officers, but excludes tribal police officers. Initiative Measure No. 940 29

The initiative allows the Commission, private parties or law Local government expenditures enforcement agencies to provide training. The cost of the The initiative would have an indeterminate local expenditure training is indeterminate because it is unknown who would impact. If, for example, the Commission were to require provide the training; however, the expenditure impacts an additional 40 hours of training for each certified peace above assume the Commission would provide the initial officer, the cost for training could have an expenditure training and refresher training spread out over multiple impact of more than $12 million. Refresher training, as years to all current certified peace officers. required by the Commission, may take two hours and To meet training requirements, the Commission would need could cost local governments $605,000 per year. This to hire a curriculum developer for the initial training and the expenditure impact assumes all certified peace officers refresher training. It would also require a program manager, would be trained in one year. Depending on who conducts administrative support staff, special skills instructors, the training and how long it takes to complete the training, firearm simulators, facility costs and other equipment. the $12 million could be spread over multiple years. Ongoing annual costs for the initial training and the two- The local government expenditure impact is also based on hour refresher training would be the same as the first year, the following: but would include online training. The Commission assumes • The cost assumptions above reflect the backfill or providing initial training to more than 1,300 officers a year. overtime pay to officers who attend training; they don’t The Commission estimates the first-year costs at $1.26 account for the cost of training. million and ongoing annual costs at $900,000. • Local police departments employed more than 9,000 Costs for taking training certified peace officers in 2017. The initiative would have an indeterminate state expenditure • The average hourly salary for certified peace officers is impact for those agencies with state certified peace officers $33.61. taking the training. However, if the Commission were to • The subsequent fiscal year assumptions don’t include require an additional 40 hours of training for each state training costs for any new hires because it is unknown certified peace officer, the expenditure amount could be $2 how many peace officers would be hired by local million. Annual impacts for the two-hour refresher training law enforcement agencies and when they may start could impact state agencies that employ commissioned training. certified peace officers, up to $107,000. The expenditure All certified peace officers, as required in the Washington impacts are based on the following assumptions: Administrative Code 139-05-300, must receive continuing • The costs above reflect the backfill or pay overtime to education and training that includes crisis intervention officers who attend training; they don’t account for the training. The current training may partially meet the actual cost of training. Commission’s requirements, which could reduce • The state employed 1,585 certified peace officers in the expenditure impacts to local governments. If the 2017. Commission conducts the estimated 40 hours of initial and • The average hourly salary for certified peace officers is the two-hour refresher training, the annual costs for training $33.61. could be $900,000 a fiscal year. These costs are already • The subsequent fiscal year assumptions don’t include reflected in the Commission’s expenditure impact above. training costs for new hires because it is unknown how many state certified peace officers will be hired by the affected state agencies and when they may start training. All certified peace officers, as required in the Washington Administrative Code 139-05-300, must receive continuing education and training that includes crisis intervention training. The current training may partially meet the Commission’s requirements, which could reduce the expenditure impacts to local governments. If the Commission requires an extra 40 hours of training, annual costs for state and local law enforcement could be $900,000 a fiscal year, as reflected in the state expenditure impact for the Commission. 30 Initiative Measure No. 940 Argument for Argument against Washington ranks fifth in the nation in number of deaths from Public Safety Opposes I-940 police use of force. The loss of life is devastating for families Vote no and officers. Our state law makes it virtually impossible to I-940 is a complex proposal that will create confusion and prosecute an officer. I-940 creates a fair process to determine could compromise public safety. if an officer acted reasonably, uses a good faith standard in place in twenty-seven states, and requires independent Washington’s first responders fundamentally believe that investigations so police do not investigate themselves, which portions of I-940 are bad public policy, costly to implement, will build trust. fail to provide funding or resources to improve training, will erode public safety, and will not reduce violent interactions I-940 will save lives. between members of the public and law enforcement. I-940 940 mandates de-escalation and mental health training and pits the public against law enforcement. I-940 divides rather requires first aid at the scene. This is common sense. The than unites. focus on prevention will help save lives. Washington’s peace officers are well trained and sensitive I-940 protects people experiencing mental health crises. to the needs of the community. During the 2018 Legislative Up to a third of those killed by police in Washington State have session an historic collaboration between the authors signs of mental illness. I-940 improves mental health training and supporters of I-940 and law enforcement resulted in so officers can handle difficult situations and keep people with a comprehensive effort to review and reform some areas mental illness safe. addressed in the initiative. A continuation of that effort needs I-940 acknowledges the tensions driven by racial and to occur. economic differences. Initiative 940, as written, would force police officers to hesitate People with disabilities, people of color, youth, Native in performing their responsibilities putting the public and Americans, LGBTQ+, and people in poverty are sometimes officers’ lives at risk. Please vote no on I-940 now and allow misunderstood in a crisis. I-940 provides modern training to the 2019 Legislature to pass the comprehensive changes that help officers communicate with people from all walks of life, address every component of the necessary reforms. These to better understand the people they serve, making everyone reforms must include adequate financial funding, community safer. input, and legislative review to insure all concerns are fully I-940 is supported by both community organizations and addressed. I-940 falls far short in achieving these goals. law enforcement leaders. The training in I-940 is effective in police departments across Please join all law enforcement in voting “no” on I-940. the country, and is why local law enforcement leaders as well as OneAmerica, Children’s Alliance, Equal Rights Washington, Rebuttal of argument for Moms Rising, ACLU, and the League of Women Voters support Law enforcement is unified in its belief that I-940 is bad public I-940. policy that will be costly to implement, will fail to provide funding or resources to improve training, will erode public Rebuttal of argument against safety, and will not reduce violent interactions between the Since 1986, state law has shielded officers who unnecessarily public and law enforcement. I-940 divides more than it unites. kill people by requiring proof of “malice,” or evil intent, a For these reasons, law enforcement stands in opposition to subjective standard virtually impossible to prove. Washington I-940. We ask you to join us and vote no. is the only state with this standard. Since 2005, police have killed over 300 Washingtonians, up to a third showing Written by signs of mental illness. Only one officer was charged, and Mike Solan, Council of Metropolitan Police and Sheriffs; acquitted. Washington’s families deserve an objective Teresa Taylor, Washington Council of Police & Sheriffs; standard, independent investigations, and better training— James Schrimpsher, Washington Fraternal Order of Police;; improvements that will increase community safety. Jeff Merrill, Washington State Patrol Troopers Association; Mike Padden, State Senator (R), Spokane Valley Written by Contact: 206-247-8889; Lisa Earl, mother of Jackie Salyers, Puyallup Tribe member; http://coalitionforasaferwashington.com/ Katrina Johnson, cousin of Charleena Lyles; Mitzi Johanknecht, King County Sheriff; Larry Sanchez, Retired Grant County Deputy Sheriff; Lauren Simonds, Washington National Alliance on Mental Illness; Mark Stroh, Executive Director Disability Rights Washington Contact: (360) 453-7898; [email protected]; https://www.deescalatewa.org/ 31

ADVISORY VOTES

What’s an advisory vote? Advisory votes are non-binding. The results will not change the law.

Repeal or maintain? You are advising the Legislature to repeal or maintain a tax increase.

Repeal - you don’t favor the tax increase. Maintain - you favor the tax increase.

Want more info? Contact your legislator. Their contact information is on the following pages. View the complete text of the bill at www.vote.wa.gov/completetext. View additional cost information at www.ofm.wa.gov/ballot.

Advisory votes are the result of Initiative 960, approved by voters in 2007. 32 Advisory Votes Ten-Year Projection Advisory Vote No. Provided by the Office of Financial Management For more information visit www.ofm.wa.gov/ballot

Engrossed Second Substitute Senate Bill 6269 (E2SSB 6269) Fiscal Oil Spill Oil Spill Total 19 Year Administration Tax Response Tax 2018 $ 224,000 $ 56,000 $ 280,000 Engrossed Second 2019 1,344,000 28,000 $ 1,372,000 Substitute Senate Bill 6269 2020 1,344,000 $ 1,344,000 The legislature expanded, without a 2021 1,344,000 $ 1,344,000 vote of the people, the oil spill response 2022 1,344,000 308,000 $ 1,652,000 and administration taxes to crude oil 2023 1,344,000 336,000 $ 1,680,000 or petroleum products received by 2024 1,344,000 28,000 $ 1,372,000 pipeline, costing $13,000,000 over ten 2025 1,344,000 $ 1,344,000 years for government spending. 2026 1,344,000 $ 1,344,000 2027 1,344,000 308,000 $ 1,652,000 This tax increase should be: Total: $ 12,320,000 $ 1,064,000 $ 13,384,000 [ ] Repealed Final Votes Cast by the Legislature [ ] Maintained Senate: Yeas, 42; Nays, 7; Absent, 0; Excused, 0 House: Yeas, 62; Nays, 35; Absent, 0; Excused, 1 Final Votes Cast by Each Legislator District 1 District 3 District 5 District 7 Sen. Guy Palumbo Sen. Andy Billig Sen. Mark Mullet Sen. Shelly Short (D, Snohomish), (360) 786-7600 (D, Spokane), (360) 786-7604 (D, Issaquah), (360) 786-7608 (R, Addy), (360) 786-7612 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay Rep. Derek Stanford Rep. Marcus Riccelli Rep. Jay Rodne Rep. Jacquelin Maycumber (D, Bothell), (360) 786-7928 (D, Spokane), (360) 786-7888 (R, Snoqualmie), (360) 786-7852 (R, Republic), (360) 786-7908 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay Rep. Shelley Kloba Rep. Timm Ormsby Rep. Paul Graves Rep. Joel Kretz (D, Kirkland), (360) 786-7900 (D, Spokane), (360) 786-7946 (R, Fall City), (360) 786-7876 (R, Wauconda), (360) 786-7988 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay

District 2 District 4 District 6 District 8 Sen. Randi Becker Sen. Mike Padden Sen. Michael Baumgartner Sen. Sharon Brown (R, Eatonville), (360) 786-7602 (R, Spokane Valley), (360) 786-7606 (R, Spokane), (360) 786-7610 (R, Kennewick), (360) 786-7614 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay Rep. Andrew Barkis Rep. Matt Shea Rep. Mike Volz Rep. Brad Klippert (R, Olympia), (360) 786-7824 (R, Spokane Valley), (360) 786-7984 (R, Spokane), (360) 786-7922 (R, Kennewick), (360) 786-7882 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay Rep. J.T. Wilcox Rep. Bob McCaslin Rep. Jeff Holy Rep. Larry Haler (R, Yelm), (360) 786-7912 (R, Spokane Valley), (360) 786-7820 (R, Cheney), (360) 786-7962 (R, Richland), (360) 786-7986 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay

Initiative 960, approved by voters in 2007, requires a list of every Legislator, their party preference, hometown, contact information, and how they voted on each bill resulting in an Advisory Vote. Advisory Votes 33

District 9 District 13 District 17 District 21 Sen. Mark Schoesler Sen. Judy Warnick Sen. Lynda Wilson Sen. Marko Liias (R, Ritzville), (360) 786-7620 (R, Moses Lake), (360) 786-7624 (R, Vancouver), (360) 786-7632 (D, Everett), (360) 786-7640 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea Rep. Mary Dye Rep. Tom Dent Rep. Vicki Kraft Rep. Strom Peterson (R, Pomeroy), (360) 786-7942 (R, Moses Lake), (360) 786-7932 (R, Vancouver), (360) 786-7994 (D, Edmonds), (360) 786-7950 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea Rep. Joe Schmick Rep. Matt Manweller Rep. Paul Harris Rep. Lillian Ortiz-Self (R, Colfax), (360) 786-7844 (R, Ellensburg), (360) 786-7808 (R, Vancouver), (360) 786-7976 (D, Mukilteo), (360) 786-7972 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Excused E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea

District 10 District 14 District 18 District 22 Sen. Barbara Bailey Sen. Curtis King Sen. Ann Rivers Sen. Sam Hunt (R, Oak Harbor), (360) 786-7618 (R, Yakima), (360) 786-7626 (R, La Center), (360) 786-7634 (D, Olympia), (360) 786-7642 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Norma Smith Rep. Norm Johnson Rep. Brandon Vick Rep. Laurie Dolan (R, Clinton), (360) 786-7884 (R, Yakima), (360) 786-7810 (R, Vancouver), (360) 786-7850 (D, Olympia), (360) 786-7940 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea Rep. Dave Hayes Rep. Gina Mosbrucker Rep. Liz Pike Rep. Beth Doglio (R, Camano Island), (360) 786-7914 (R, Goldendale), (360) 786-7856 (R, Camas), (360) 786-7812 (D, Olympia), (360) 786-7992 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea

District 11 District 15 District 19 District 23 Sen. Bob Hasegawa Sen. Jim Honeyford Sen. Dean Takko Sen. Christine Rolfes (D, Seattle), (360) 786-7616 (R, Sunnyside), (360) 786-7684 (D, Longview), (360) 786-7636 (D, Bainbridge Island), (360) 786-7644 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Zack Hudgins Rep. Bruce Chandler Rep. Jim Walsh Rep. Sherry Appleton (D, Tukwila), (360) 786-7956 (R, Granger), (360) 786-7960 (R, Aberdeen), (360) 786-7806 (D, Poulsbo), (360) 786-7934 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea Rep. Steve Bergquist Rep. David Taylor Rep. Brian Blake Rep. Drew Hansen (D, Renton), (360) 786-7862 (R, Moxee), (360) 786-7874 (D, Aberdeen), (360) 786-7870 (D, Bainbridge Island), (360) 786-7842 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea

District 12 District 16 District 20 District 24 Sen. Brad Hawkins Sen. Maureen Walsh Sen. John Braun Sen. Kevin Van De Wege (R, East Wenatchee), (360) 786-7622 (R, College Place), (360) 786-7630 (R, Centralia), (360) 786-7638 (D, Sequim), (360) 786-7646 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Cary Condotta Rep. Bill Jenkin Rep. Richard DeBolt Rep. Mike Chapman (R, Wenatchee), (360) 786-7954 (R, Prosser), (360) 786-7836 (R, Chehalis), (360) 786-7896 (D, Port Angeles), (360) 786-7916 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea Rep. Mike Steele Rep. Terry Nealey Rep. Ed Orcutt Rep. Steve Tharinger (R, Chelan), (360) 786-7832 (R, Dayton), (360) 786-7828 (R, Kalama), (360) 786-7990 (D, Sequim), (360) 786-7904 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea

Don’t know which legislative district you live in? ? Call the legislative hotline at (800) 562-6000 or visit www.leg.wa.gov. 34 Advisory Votes

District 25 District 29 District 33 District 37 Sen. Hans Zeiger Sen. Steve Conway Sen. Karen Keiser Sen. Rebecca Saldaña (R, Puyallup), (360) 786-7648 (D, Tacoma), (360) 786-7656 (D, Des Moines), (360) 786-7664 (D, Seattle), (360) 786-7688 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Melanie Stambaugh Rep. David Sawyer Rep. Tina Orwall Rep. Sharon Tomiko Santos (R, Puyallup), (360) 786-7948 (D, Tacoma), (360) 786-7906 (D, Des Moines), (360) 786-7834 (D, Seattle), (360) 786-7944 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Joyce McDonald Rep. Steve Kirby Rep. Mia Gregerson Rep. Eric Pettigrew (R, Puyallup), (360) 786-7968 (D, Tacoma), (360) 786-7996 (D, SeaTac), (360) 786-7868 (D, Seattle), (360) 786-7838 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea

District 26 District 30 District 34 District 38 Sen. Jan Angel Sen. Mark Miloscia Sen. Sharon Nelson Sen. John McCoy (R, Port Orchard), (360) 786-7650 (R, Federal Way), (360) 786-7658 (D, Vashon), (360) 786-7667 (D, Tulalip), (360) 786-7674 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Jesse Young Rep. Mike Pellicciotti Rep. Eileen Cody Rep. June Robinson (R, Gig Harbor), (360) 786-7964 (D, Federal Way), (360) 786-7898 (D, West Seattle), (360) 786-7978 (D, Everett), (360) 786-7864 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Michelle Caldier Rep. Kristine Reeves Rep. Joe Fitzgibbon Rep. Mike Sells (R, Port Orchard), (360) 786-7802 (D, Federal Way), (360) 786-7830 (D, West Seattle), (360) 786-7952 (D, Everett), (360) 786-7840 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea

District 27 District 31 District 35 District 39 Sen. Jeannie Darneille Sen. Phil Fortunato Sen. Tim Sheldon Sen. Keith Wagoner (D, Tacoma), (360) 786-7652 (R, Kent), (360) 786-7660 (D, Shelton), (360) 786-7668 (R, Sedro-Woolley), (360) 786-7676 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Laurie Jinkins Rep. Drew Stokesbary Rep. Dan Griffey Rep. Dan Kristiansen (D, Tacoma), (360) 786-7930 (R, Auburn), (360) 786-7846 (R, Allyn), (360) 786-7966 (R, Snohomish), (360) 786-7967 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Yea Rep. Jake Fey Rep. Morgan Irwin Rep. Drew MacEwen Rep. Carolyn Eslick (D, Tacoma), (360) 786-7974 (R, Enumclaw), (360) 786-7866 (R, Union), (360) 786-7902 (R, Sultan), (360) 786-7816 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay E2SSB 6269 (AV19): Nay

District 28 District 32 District 36 District 40 Sen. Steve O’Ban Sen. Maralyn Chase Sen. Reuven Carlyle Sen. Kevin Ranker (R, Tacoma), (360) 786-7654 (D, Edmonds), (360) 786-7662 (D, Seattle), (360) 786-7670 (D, Deer Harbor), (360) 786-7678 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Dick Muri Rep. Cindy Ryu Rep. Noel Frame Rep. Kristine Lytton (R, Steilacoom), (360) 786-7890 (D, Shoreline), (360) 786-7880 (D, Seattle), (360) 786-7814 (D, Anacortes), (360) 786-7800 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Christine Kilduff Rep. Ruth Kagi Rep. Gael Tarleton Rep. Jeff Morris (D, University Place), (360) 786-7958 (D, Seattle), (360) 786-7910 (D, Ballard), (360) 786-7860 (D, Mount Vernon), (360) 786-7970 [email protected] [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea

Initiative 960, approved by voters in 2007, requires a list of every Legislator, their party preference, hometown, contact information, and how they voted on each bill resulting in an Advisory Vote. Advisory Votes 35

District 41 Rep. Nicole Macri Rep. Larry Springer District 48 Sen. Lisa Wellman (D, Seattle), (360) 786-7826 (D, Kirkland), (360) 786-7822 Sen. Patty Kuderer (D, Mercer Island), (360) 786-7641 [email protected] [email protected] (D, Bellevue), (360) 786-7694 [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Frank Chopp Rep. Tana Senn District 46 Rep. Vandana Slatter (D, Seattle), (360) 786-7920 Sen. David Frockt (D, Mercer Island), (360) 786-7894 [email protected] (D, Bellevue), (360) 786-7936 (D, Seattle), (360) 786-7690 [email protected] E2SSB 6269 (AV19): Yea [email protected] E2SSB 6269 (AV19): Yea [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Judy Clibborn District 44 Rep. Joan McBride (D, Mercer Island), (360) 786-7926 Sen. Steve Hobbs Rep. Gerry Pollet (D, Kirkland), (360) 786-7848 [email protected] (D, Lake Stevens), (360) 786-7686 (D, Seattle), (360) 786-7886 [email protected] E2SSB 6269 (AV19): Yea [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea District 42 Rep. John Lovick Rep. Javier Valdez District 49 Sen. Doug Ericksen (D, Mill Creek), (360) 786-7804 (D, Seattle), (360) 786-7818 Sen. Annette Cleveland (R, Ferndale), (360) 786-7682 [email protected] [email protected] (D, Vancouver), (360) 786-7696 [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Mark Harmsworth Rep. Luanne Van Werven District 47 Rep. Sharon Wylie (R, Mill Creek), (360) 786-7892 Sen. Joe Fain (R, Lynden), (360) 786-7980 [email protected] (D, Vancouver), (360) 786-7924 (R, Auburn), (360) 786-7692 [email protected] E2SSB 6269 (AV19): Nay [email protected] E2SSB 6269 (AV19): Yea [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea Rep. Vincent Buys District 45 Rep. Monica Jurado Stonier (R, Lynden), (360) 786-7854 Sen. Manka Dhingra Rep. Mark Hargrove (D, Vancouver), (360) 786-7872 [email protected] (D, Redmond), (360) 786-7672 (R, Covington), (360) 786-7918 [email protected] E2SSB 6269 (AV19): Yea [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Nay District 43 Rep. Roger Goodman Rep. Pat Sullivan Sen. Jamie Pedersen (D, Kirkland), (360) 786-7878 (D, Covington), (360) 786-7858 (D, Seattle), (360) 786-7628 [email protected] [email protected] [email protected] E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea E2SSB 6269 (AV19): Yea

Address confidentiality for crime survivors Keep your voting address confidential The Address Confidentiality Program can register participants to vote without creating a public record. To be eligible: •  you must be a survivor of domestic violence, sexual assault, trafficking or stalking, or be employed in criminal justice and a target of felony harassment on the job •  you must meet with a victim advocate who can assist with threat assessment, safety planning, and the program application •  you should have recently moved to a new location that is unknown to the offender and undocumented in public records Call (800) 822-1065 or visit www.sos.wa.gov/acp. 36

Coming July 2019

Voter registration laws will change in time for next year’s Primary.

Starting July 2019... New Voter Registration Deadlines 8 days before Election Day: To register by mail or online, your application must be received no later than 8 days before Election Day.

Election Day: Visit a local voting center to register or update your address in person no later than 8 p.m. on Election Day.

Future Voter Sign-up Also starting in July 2019, sixteen and seventeen year olds can sign up as Future Voters and will be registered to vote when they turn eighteen.

Automatic Voter Registration Applicants who meet all qualifications will be registered to vote when receving or renewing an enhanced driver’s license or identicard, unless they opt out. Starting July 2019.

For full bill information visit app.leg.wa.gov/billinfo SSB 6021, 2SHB 1513, and E2SHB 2595 37

Federal Qualifications & Responsibilities Except for the President and Vice President, all federal officials elected in Washington must be registered voters of the state. Only federal offices have age requirements above and beyond being a registered voter.

Congress The U.S. Senate and House of Representatives have equal responsibility for declaring war, maintaining the armed forces, assessing taxes, borrowing money, minting currency, regulating commerce, and making all laws and budgets necessary for the operation of government. U.S. Senator Senators must be at least 30 years old and citizens of the U.S. for at least nine years. Senators serve six- year terms. The Senate has 100 members; two from each state. The Senate has several exclusive powers, including consenting to treaties, confirming federal appoint- ments made by the President, and trying federal officials impeached by the House of Representatives. U.S. Representative Representatives must be at least 25 years old and citizens of the U.S. for at least seven years. Representatives are not required to be registered voters of their district, but must be registered voters of the state. Representatives serve two-year terms. The House of Representatives has 435 members, all of whom are up for election in even-numbered years. Each state has a different number of members based on population. After the 2010 Census, Washington was given a 10th Congressional District.

Who donates to campaigns? View financial contributors for federal candidates: Candidate statements are printed exactly Federal Election Commission as submitted. The Office of the Secretary of State does not make corrections of any www.fec.gov kind or verify statements for truth or fact. Toll Free (800) 424-9530 38 United States Senator | 6-year term

Maria Cantwell (Prefers Democratic Party)

Elected Experience Statement U.S. Senate 2001-present, U.S. House of Representatives Maria fights to do what’s right for Washingtonians. She 1993-1995, Washington State Legislature 1987-1993. knows too many Washington families struggle to get by. Other Professional Experience Maria has worked to help create family-wage jobs and Real Networks, Vice President of Marketing & Senior Vice prepare America’s workforce for 21st century innovation. President of the Consumer Products Division 1995-2000. She has passed laws to help our agriculture, aviation, maritime, fishing, and bustling port economies. Education First in her family to graduate college with the help of Housing costs are skyrocketing. That’s why Maria financial aid. Received B.A. in Public Administration from successfully worked across the aisle to increase federal Miami University. incentives to build more affordable housing. She fought to save the Affordable Care Act. Maria kept her promise Community Service to protect Social Security, Medicare, and Medicaid. Maria is an avid hiker and outdoorswoman who has She supported new laws to ensure veterans receive the summited Mt. Rainier, Mt. Adams, Grand Teton, Kilimanjaro, healthcare they deserve. Maria believes prescription drugs and hopes to tackle more of our nation’s highest peaks. should be affordable and pharmaceutical companies should be held accountable for flooding communities with addictive painkillers and she helped secure increased funding for law enforcement and treatment. Making the dream of college education more affordable, Maria supports increasing Pell grants, allowing students to refinance loans, and she helped pass a 21st Century GI Bill to expand educational opportunities for veterans. Washington leads in aerospace and manufacturing trades. That’s why Maria’s bipartisan legislation creates the first federal tax incentive for apprenticeships - retraining veterans and laid-off workers at community colleges. Maria helps grow Washington’s tech industry by fighting for Net Neutrality and cybersecurity. First responders are heroes who need support. Maria fought for wildfire funding focusing on prevention, protecting lives, and growing rural jobs. A vibrant outdoor economy supports rural communities. Maria led the charge to stop fee hikes in our National Parks and prevented oil exploration off Washington’s coasts. She believes in state tax deductibility. Congress, like small business, needs to live within its means. Maria believes PAYGO measures fight our deficit. Our American values are being challenged. We need to keep Maria in the other Washington fighting for our Washington values. Contact (206) 682-7328; [email protected]; www.cantwell.com continue United States Senator | 6-year term 39

Susan Hutchison (Prefers Republican Party)

Elected Experience Statement Chairman, Washington State Republican Party 2013-18; Our people deserve better than an ineffective Senator Winner, 2009 County Executive Primary, Seattle Times seeking an undeserved 4th term. We need a Senator who endorsement truly cares about the concerns of this Washington, not the Other Professional Experience other. Unlike her, I’ve been in every county and corner of 20 years TV News Journalist KIRO(CBS)-Five Emmys; the state these last 5 years--and I’ve heard you! You are 10 years Executive Director, Simonyi Fund for Arts and fed up with Seattle’s harmful policies which she accepts Sciences and supports--polices that jeopardize our future. You want a Senator who votes your pocketbook, not hers. You want Education big change now and so do I. In this election, I’m fighting for Bachelor of Science, University of Florida; Certificate, you. And I need your vote. National Security Forum, USAF Air University My ties here actually began before I was born--when my Community Service German and Norwegian immigrant grandparents settled in Seattle Colleges Advisory Board; Mayor Nickels Good Tacoma. While I moved a lot as a military daughter and Neighbor Award; Seattle Children’s Hospital Foundation; wife, my husband and I returned to the Puget Sound as Seattle Symphony Chair; King County Elections Task soon as we finished Marine Corps active duty. We raised Force-Ron Sims appointee; Salvation Army NW Board; our two boys, investing time in things that matter: our kids’ Governor’s A+ Education Commission-Gary Locke teachers, schools, and teams; our work (my husband at appointee; Young Life Chair; Woodrow Wilson International Boeing); our church--serving UW students; and many Center for Scholars-Presidential appointee; Smithsonian significant community needs. We also enjoyed hiking Air and Space Museum Trustee mountains, whale watching and helping visitors pronounce Puyallup. But all the while I was fighting for you. Against a state income tax, against reckless spending of your taxes. For children’s health, for public schools, for fair elections in King County. Unlike my opponent, I would have voted for working-family tax cuts, for our military, for the first woman to head the CIA. I will champion Washington’s farms that feed the world. I can bring home vital infrastructure dollars, which she cannot. And be assured, when President Trump is good for Washington State, I’ll support him. When he’s not, I can talk to him. I’ll be your voice. I’ll fight for you. Let’s win this together! Contact (206) 880-1820; [email protected]; www.susan4senate.com

end 40 United States Representative | District 4 | 2-year term

Dan Newhouse (Prefers Republican Party)

Elected Experience Statement Central Washington’s Representative in Congress since Dan Newhouse is a champion for Central Washington’s 2015. Washington State House of Representatives 2003- families in Congress. He solves problems and stands up 2009. to big spenders, regardless of party. True to his word, the Other Professional Experience first bill Dan signed onto in Congress was a Constitutional Washington State Department of Agriculture Director, 2009- Balanced Budget Amendment. Newhouse is pushing 2013. Operates a 700-acre farm near Sunnyside where he government to live within its means and cutting government grows hops, tree fruit, grapes and alfalfa. Past President, red tape so jobs can grow. Hop Growers of America, Hop Growers of Washington, A third-generation family farmer, Dan understands the best and Yakima County Farm Bureau. Member of the Columbia land-use decisions don’t come from federal bureaucrats. River Task Force, NRA, Central Washington Fair Board. He’s returning those decisions to local leaders and Education landowners. Bachelor of Science, Agricultural Economics, Washington Newhouse knows the issues that make Central Washington State University. Graduate of the Agriculture and Forestry unique. He’s holding the Federal government to its Leadership Program. obligation to clean up Hanford. He’s renowned as an Community Service expert on water issues and is working to make the Yakima Daybreak Rotary Club, Sunnyside Republican Club, River Basin Water Enhancement Project a reality. He’s Member of Sunnyside Presbyterian Church. ensuring our forests are managed better to reduce the risk of catastrophic wildfires, and improving the federal response when disaster does strike. And he’s protecting our clean, renewable hydropower while making sure dams and salmon can coexist. Dan Newhouse is a champion for our veterans. His legislation was signed into law to make sure no veteran is ever denied emergency medical care, and he’s making sure the VA treats all vets with the respect they deserve. Seniors -- Dan will protect Social Security. You paid into the system, and Newhouse will help ensure the government keeps its promise to you. Most candidates will say the right things, but Dan Newhouse has a proven track record to back up his words. He’s been commended by business groups, Second Amendment supporters, pro-life organizations and land rights advocates for his rock-solid commitment to pro-jobs policies, traditional values and individual liberty. He brings conservative Central Washington values to Washington, DC. Please vote to keep Republican Dan Newhouse working for us in Congress. Contact (509) 575-7571; [email protected]; www.DanNewhouse.com continue United States Representative | District 4 | 2-year term 41

Christine Brown (Prefers Democratic Party)

Elected Experience Statement I’m not a career politician. I am running to be your representative because we need Other Professional Experience a big table in Congress. At this table, I’ll listen to different Journalist / News Director / News Anchor - For 30 years perspectives to hear all sides of the story. Currently, only I investigated and reported with an objective lens on the the super wealthy and special interests are being heard; news of the day in our communities, initially at KAPP-TV in the middle-class is left out. I want to bring a big table to Yakima for 5 years, and then at KNDU-TV in the Tri-Cities Congress with a seat for the people of Eastern Washington. for 25 years. For 30 years, I reported on significant issues facing the Tri- Education Cities, Yakima, and the region: Hanford, agriculture, the Graduate of A.C. Davis High School, Yakima; Bachelors economy, housing, healthcare, crime, education, and many Degree, Central Washington University more. Through telling those stories, I learned first-hand what’s important from your point of view. Community Service I have proudly served on numerous Board of Directors Healthcare for All: DC politicians are playing partisan including the United Way of Benton and Franklin Counties, games with our healthcare, and premiums are out of the Greater Yakima Chamber of Commerce, Tri-City control. I will fight to reduce the price of prescription drugs Development Council (TRIDEC), and Visit Tri-Cities. and for affordable universal healthcare. I support a single- payer system because being covered shouldn’t depend on a benevolent employer. Everyone should have access to quality, affordable healthcare. Period. Fix our immigration system: Our economy is tied to a large number of undocumented workers - not just in farming, but in the hospitality and construction industries. I will be a bold voice for a path to documentation and citizenship for the 11 million people who work and pay taxes here. Protect Social Security and Medicare: Seniors have paid into Social Security and Medicare their entire lives. I will not let DC politicians steal their hard-earned benefits to give the super wealthy and corporations an unfair tax cut. I’m proud to be endorsed by the National Women’s Political Caucus, Washington State Labor Council, Win with Women, and many other organizations. Eastern Washington deserves a representative who brings all voices to the table. I humbly ask for your support. Thank you for being an engaged citizen. Contact (509) 551-4277; [email protected]; www.christinebrownforcongress.com

end 42 United States Representative | District 5 | 2-year term

Cathy McMorris Rodgers (Prefers Republican Party)

Elected Experience Statement U.S. Representative from 5th Congressional District; Chair Growing up, I never imagined I’d go from working on the of House Republican Conference and highest-ranking family orchard in Kettle Falls to working in Congress for the Republican woman in Congress. Member, House Energy people of Eastern Washington. It’s the honor of my life to and Commerce Committee. Served in the Washington work every day helping people in our community – veterans State House of Representatives; elected House Republican who’ve served our country, entrepreneurs creating jobs Leader. and world-class products, farmers that feed the world, the Other Professional Experience vulnerable who need our assistance, and hardworking men Worked in family-owned orchard for 13 years. and women trying to support their families and live their own version of the American Dream. Education Education Executive MBA University of Washington, BA In the last two years, I’ve delivered for Eastern Washington. Pensacola Christian College. The most sweeping tax reforms in thirty years are still creating jobs and raising wages, and the bills I’ve had Community Service signed into law are bringing more doctors to Eastern Strong advocate for the military, veterans, farmers, small Washington, helping people with disabilities, improving business owners, students, and people with disabilities. the VA, and providing funding for our timber dependent communities. I’ve secured permanent forest management reforms to keep our forests healthy, and I’ve fought to expand Fairchild Air Force Base and protect our dams. We don’t need a bigger government, but a more efficient, effective, and accountable one. I’ve proposed legislation to rein in wasteful spending, hold bureaucrats accountable, and reform our broken budget process. The federal government should live within its means, just like working families in Eastern Washington. But fundamentally, I believe trust has been broken. You see it in the divisiveness and lack of civility in our country. My mission is to restore trust and confidence in representative government and the rule of law, and that’s why I work every day to serve as a unifying force here in our community and in Congress. With God’s grace, the support of my family, and help from all of you, I believe we can find common ground and work together to build a stronger, more unified Eastern Washington. Contact (509) 624-1199; [email protected]; www.cathyforcongress.com

continue United States Representative | District 5 | 2-year term 43

Lisa Brown (Prefers Democratic Party)

Elected Experience Statement Washington State Senator, Spokane, 1996-2013; I’m running for Congress because we need change in our Washington State Representative, Spokane, 1993-1996; nation’s capital. first female Democratic State Senate Majority Leader. Like most of us, I’m frustrated by a broken Congress Other Professional Experience paralyzed by partisan politics and not delivering results for WSU Spokane - Chancellor; Gonzaga University - Associate eastern Washington. Too many politicians put party over Professor; Eastern Washington University - Associate the people they represent. Special interests are rewarded, Professor and Acting Director, Women’s Programs. when Congress should be tackling what’s most important Education to families: more affordable health care and prescription PhD Economics, University of Colorado; MA Economics, drugs, improved education, an economy that works for all University of Colorado; BA Economics, University of Illinois. of us, and retirement security. Community Service I’m a problem solver. I start by listening to the people I Current: YWCA Spokane, Ignite Northwest, Spokane River represent and then focus on working with others, finding Clean-Up; Former: United Way, Spokane Teaching Health common ground, and getting results. Center; Downtown Spokane Partnership; Washington As state senator, I led efforts to expand children’s health Health Alliance, Empire Health Foundation, Spokane care and to create the breast and cervical cancer screening Neighborhood Action Programs, Greater Spokane program. As a working parent, I understood the importance Incorporated, University District Development Association of expanded child care and new college scholarships. As the Senate majority leader, I made sure eastern Washington got a veterans care facility and our fair share of state resources, creating jobs and revitalizing our economy. As the WSU Spokane chancellor, I worked with a team of university and community leaders to create a new medical school headquartered in Spokane, with a mission to train doctors to serve our rural communities. Unfortunately, the spirit of cooperation we used to start the medical school doesn’t exist in Congress. The priorities of young people and seniors, small businesses, working families, and farmers in eastern Washington have taken a backseat to special interests and politicians repeating party talking points. After 14 years of the same representation and not much to show for it, it’s time for a change. I look forward to hearing from you or meeting you at one of our town halls. With your support and your vote, we can bring a new approach to Congress. Contact (509) 954-9132; [email protected]; lisabrownforcongress.com

end 44

Legislative Qualifications & Responsibilities

Legislators must be registered voters of their district.

Legislature Legislators propose and enact public policy, set a budget, and provide for the collection of taxes to support state and local government.

State Senator The Senate has 49 members; one from each legislative district in the state. Senators are elected to four-year terms, and approximately one-half the membership of the Senate is up for election each even-numbered year. The Senate’s only exclusive duty is to confirm appointments made by the governor.

State Representative The House of Representatives has 98 members; two from each legislative district in the state. Representatives are elected to two-year terms, so the total membership of the House is up for election each even-numbered year.

Candidate statements are printed exactly as submitted. The Office of the Secretary of State does not make corrections of any kind or verify statements for truth or fact. State Representative | District 9 Position 1 | 2-year term 45

Legislative Qualifications Mary Jenn Dye Goulet & Responsibilities (Prefers Republican Party) (Prefers Democratic Party)

Elected Experience Elected Experience As your elected State Representative, I serve on the House No information submitted Environment Committee, Capital Budget Committee Other Professional Experience and Appropriations Committee. I’m a passionate leader Jenn is a small business owner performing instructional in empowering our communities and reforming the design services for Microsoft. Previously, Jenn was a way Olympia works with our citizens and local governments. training specialist at the HAMMER Federal Training Center Other Professional Experience and a technical writer supporting the Department of From 1987 to present, I co-manage a 3rd generation wheat Energy’s environmental cleanup efforts on the Hanford Site. farm. I previously served as an agricultural educator in the Education Peace Corps in Ubon Thailand. Jenn has a Bachelor of Applied Science in Applied Education Management from Columbia Basin College. Bachelor of Science - Plant Science, Crop Management, Community Service University of Idaho, 1983. Jenn has a decade of experience as a leader of nonprofit Community Service and political organizations. She is a current member of I have championed causes important to Eastern Washington the board of directors of Planned Parenthood of Greater including “Save Our Dams”, “Freedom to Farm” and Washington and North Idaho and is the former chair of the defending our rural values. Franklin County Democrats. Statement Statement Leadership with results. As your elected State Representative, Jenn will fight to expand educational opportunities for our I have focused on economic development and building children, so they have more career options in well-paying infrastructure that will expand opportunities for families, trades, as well as work to lower the rising price of college. farms, and communities. I passed legislation that will Jenn will also work to appropriate state funds to repair and develop broadband fiber in areas with poor access to high expand our roads, bridges, and dams because they’re vital speed internet. I worked to secure water for our towns and to ensuring we continue to have a functioning economy. farms, found resources to repair and improve railroads, She will expand family wage jobs by encouraging new helped improve highway safety, and enhance school industries to expand into our district, while protecting the security. historic nature of the Palouse. Vote for Jenn because the With principle driven leadership, and talent for seeking 9th Legislative District needs innovative ideas, not more of creative solutions, I create tools that help expand and the same. promote economic opportunities so citizens in Eastern Contact Washington can live successful lives in freedom. (509) 596-8760; [email protected]; Contact www.jenngoulet.com (509) 566-7049; [email protected]; www.vote4mary.com 46 State Representative | District 9 Position 2 | 2-year term

Joe Matthew Schmick Sutherland (Prefers GOP Party) (Prefers Democratic Party)

Elected Experience Elected Experience 2007 to present 9th District Representative. 1990-1996 Matthew Sutherland isn’t a career politician. His elected Washington Barley Commission. 1991-1996 National experience has been the distinct honor of serving as the Barley Improvement Committee Vice Chair of the Whitman County Planning Commission. Other Professional Experience Other Professional Experience Washington Agriculture and Forestry Education Foundation Board Member, Pullman Board of Adjustment; Committee graduate Class 14. Washington Farm Bureau Healthcare Member, Pullman Police Advisory Committee; Non- Trust 2000-2014. Washington State Farm Bureau State Commissioned Officer, United States Army; Second Board of Directors 1993-2007. American Farm Bureau Lieutenant, Washington Army National Guard. Grain Quality Committee 1998 Education Education B.A. in Political Science from Washington State University, Eastern Washington University BA in Accounting. Minor in certified into the Physics major; Pursuing an M.A. in Global Economics 1980 Security Policy from WSU. Community Service Community Service Whitman County Wetlands Committee. Whitman County Volunteer Leader, Church Youth Group; Volunteer, Center Natural Resources Committee. Little Leauge Coach 1983- for Civic Engagement (WSU); Board Member, Michael F. 1993 Lange Foundation (supports and promotes global social Statement change and peace). Representative Joe Schmick takes our Palouse values Statement to Olympia where his priorities are: Jobs-We need a tax As an NCO in the US Army, Matthew Sutherland went on a and regulatory climate that encourages businesses to humanitarian aid mission to El Salvador. While studying at locate in all parts of Washington, not just Puget Sound. WSU, he worked at SEL and researched at a Solar Cell Lab. Healthcare-We must reduce health insurance costs while He’s running to address the concerns of working families maintaining access to quality medical care. Education-A in eastern Washington that have been continually ignored. strong education creates individual opportunities for Like many Americans, he’s lived paycheck to paycheck success and ensures a high-quality workforce. Freedom- and has been unsure of how to make ends meet. He knows Our farmers, small business owners, and families treasure people don’t ask for much – good paying jobs, affordable their land. Property rights and personal freedoms must be healthcare, and quality schools. Matt will deliver real results protected. Government must respect our rights and work for our communities and put people before politics. cooperatively with landowners to enhance and preserve Contact our environment. (509) 619-6844; [email protected] Contact (509) 879-2078; [email protected]; joeschmick.com State Representative | District 16 Position 1 | 2-year term 47

William ‘Bill’ Everett Jenkin Maroon (Prefers Republican Party) (Prefers Democratic Party)

Elected Experience Elected Experience First term as 16th Legislative District Representative, PCO, Watertown 29, 2017-2019; Washington State Position 1. Three years on Prosser School Board, 2 years Democratic Party, SCM, 16th LD, 2017-2019 as School Board President. Other Professional Experience Other Professional Experience Executive Director, Blue Mountain Heart to Heart, Financial Advisor at Edward Jones Investments (AAMS 2010-present; IT Lead Analyst, Social Security Designation), Owner of Prosser Vineyard & Winery, Real Administration, 2006-2008; Project Manager, ORC Estate Investor, Founder of Bills Tasting Room (Wine and International, 1998-2006 Cheese Shop). Education Education Syracuse University, B.A., English and psychology, 1992; B.A. Business Management-University of Redlands McCorristin Catholic High School, graduated 1988 Community Service Community Service Rotary District Governor - District 5060 (2017-2018), Walla Walla Noon Rotary member, 2013-present; Finance Founding Chairman of Prosser Boys & Girls Club, Prosser Committee member, WW County Department of Community Chamber of Commerce President (2011-2013), Prosser Health, 2015-present; Board member, STAR Project, 2013- Economic Development Association (2011-2016), People 2016 for People Board Member (Current), Prosser United Good Statement Neighbor President (2014), Prosser United Good Neighbor I’m running for state representative because in the last ten Member (2012-2015) years I’ve grown to love our region and I’ve seen time and Statement again our needs overlooked as we’re smaller than the urban As your state Representative, I’ve been fighting in Olympia centers around the state. If elected I will bring my strong to make sure our community is heard. I’ve worked to work ethic to the legislature, focusing on improving our promote our district as a leader, and have been appointed healthcare systems and making our infrastructure stronger to key commissions on tourism, and international trade. I and more supportive of our commerce. I am ready to reach will continue to be an accessible and tireless advocate for across the aisle to get work done for our communities and you. I will always be available to listen to constituents. Our state needs to address education without raising taxes. Contact We need local control of our schools. I will prioritize state (859) 667-2476; [email protected]; spending to reflect our values with the existing tax dollars. electevmaroon.com I fought to protect water rights for rural communities. I will continue to work for economic prosperity in our district. Contact (509) 778-2482; [email protected] 48 State Representative | District 16 Position 2 | 2-year term

Rebecca Skyler Francik Rude (Prefers Democratic Party) (Prefers Republican Party)

Elected Experience Elected Experience Pasco City Council member 1996-2017 Precinct Committee Officer Other Professional Experience Other Professional Experience Mayor Pro-tem Pasco, Teacher/Librarian Pasco School Legislative Assistant serving the 16th district in District, Tri-City Regional Public Facilities Board, Pasco the Washington State Senate (2017-18) and Washington LEOFF 1 Retirement Board. Former Board Member: State House of Representatives (2015-16); Insurance Agent Association of Washington Cities, Washington State Public (2009-2014); Telecommunications (2005-2009) Works Trust Fund and Freight Mobility Strategic Investment Education Board. Walla Walla Community College, Western Governor’s Education University B.S. Agronomy, WSU, Master in Teaching, Heritage Community Service University, Nationally Board Certified teacher in Library/ Walla Walla Parks, Recreation and Urban Forestry Advisory Media, Master in Library and Information Science, Board; Walla Walla County Republican Party Chairman; University of Washington, Seattle Washington State Republican Party Board member Community Service Statement Former member Pasco Parks and Recreation, Franklin Born and raised in Walla Walla, Skyler will work to ensure County Trade Recreation and Agricultural Center, Regional high quality educational opportunities for all Washington Good Roads Association, member and supporter of Mid- children, a healthy business climate that allows small Columbia Mastersingers and Musical Theatre. business to thrive, and improved services for our most Statement vulnerable populations. As a Legislative Assistant, Skyler Rebecca Francik’s expertise in education, nonpartisan local worked to resolve concerns for our district and has gained government, and agriculture make her uniquely qualified to invaluable experience to effectively navigate the legislative represent the 16th district and address pressing regional process. Skyler’s lifelong connection to our district, his issues. Her record in public office delivered results: 80% unique experience at the Legislature, and his energy and drop in crime, road improvements, and a collaborative passion for innovative ideas make him the ideal candidate approach to building affordable housing, supporting small to continue a tradition of effective representation. Please businesses, and investments in parks and public amenities. visit www.skylerrude.com for endorsements. In Olympia, Rebecca will be an independent voice who Contact listens to her constituents, uses science and data to make (509) 301-6089; [email protected]; decisions and ensures your tax dollars are spent efficiently www.skylerrude.com to benefit all citizens. Rebecca is a voice for positive change! www.RebeccaFrancik.com Contact (509) 545-6134; [email protected]; RebeccaFrancik.com 49

Judicial Qualifications & Responsibilities Washington judges are nonpartisan. Judicial candidates must be in good standing to practice law in Washington and are prohibited from statements that appear to commit them on legal issues that may come before them in court. Judges must be registered Washington voters.

State Supreme Court Justice The Washington Supreme Court is the highest judiciary in the state. State Supreme Court justices hear appeals and decide cases from Courts of Appeals and other low- er courts. Nine justices are elected statewide to serve six-year terms. Court of Appeals Judge Court of Appeals judges hear appeals from Superior Courts. A total of 22 judges serve three divisions headquartered in Seattle, Tacoma, and Spokane. Each division is further split into three districts. Court of Appeals judges serve six-year terms. Superior Court Judge Superior Courts hear felony criminal cases, civil matters, divorces, juvenile cases, and appeals from the lower courts. Superior Courts are organized by county into 30 districts. Superior Court judges serve four-year terms.

Candidate statements are printed exactly as submitted. The Office of the Secretary of State does not make corrections of any kind or verify statements for truth or fact. 50 Supreme Court Justice | Position 2 | 6-year term

Susan Owens Unopposed (Nonpartisan)

Legal/Judicial Experience Washington State Supreme Court Justice; former District Court Judge, Western Clallam County; former Chief Judge, Quileute Tribe; former Chief Judge, Lower Elwha S’Klallam Tribe Other Professional Experience Member, Rules Committee, Bench-Bar-Press Committee, and the Board for Judicial Administration Education BA, Duke University; JD, University of North Carolina at Chapel Hill Community Service Justice Owens has trained judges nationally from Anchorage to Albuquerque on domestic violence issues, and participated in the writing of the Northwest Tribal Judges Domestic Violence Manual. She has also lectured at the National College of Prosecuting Attorneys’ Domestic Violence Conference, and is committed to this very important area of law. Statement “I bring diverse judicial experience and a commitment to upholding our laws and Constitution to my job as a Supreme Court Justice. I’m a proud, independent voice for common sense rulings that respect our rights and communities.” Supreme Court Justice Susan Owens has served with integrity, independence and a strong commitment to our Constitutional rights. Prior to being elected to the Supreme Court in 2000, Justice Owens served on the Clallam County District Court for nearly two decades. An advocate for crime victims and families, she earned a national reputation teaching judges how to enforce tougher domestic violence laws. One of the most productive Justices, authoring numerous important opinions on complex cases, Justice Owens has served with honor and the respect of her peers. Her plain interpretations of the law are rooted in common sense, free of bias, and seek to respect your rights and privacy. A seasoned judge when she joined the court, she has earned the respect and endorsements of judges statewide, advocates for women, crime victims, working families and law enforcement. Re-elect Justice Susan Owens. Contact (360) 866-6052; [email protected]; www.reelectjusticesusanowens.com Supreme Court Justice | Position 8 | 6-year term 51

Nathan Steve Choi Gonzalez (Nonpartisan) (Nonpartisan)

Legal/Judicial Experience Legal/Judicial Experience Practicing Attorney since 1999. Licensed in Multiple Current Supreme Court Justice. Ten years as King County Jurisdictions. Practiced in Multiple Countries. Hawaii Superior Court Judge. Former Assistant US Attorney, Supreme Court Annexed Arbitrator from 2003-2009 Domestic Violence Prosecutor, and business lawyer. Other Professional Experience Other Professional Experience Professor of Accounting-Hawaii Business College; Merrill Chair, statewide Access to Justice Board and Interpreter Lynch (Once World’s Largest Brokerage) Midmarkets Commission. Chair, Traveling Court and Court Security Securities Trading Desk; Developed Numerous Real Estate Committees. National instructor on prosecuting international Projects; Housing Association Director; Chief Executive terrorism. State Constitutional Law Instructor at Gonzaga Office (Private Equity/Non-Profit Charitable Organizations) University. Real Estate Principal Broker Education Education JD, UC Berkeley. BA with Honors, Pitzer College. Rotary Juris Doctor and Masters of Business Administration- International Scholar in Economics. Honorary Doctorates University of Hawaii Bachelor’s Degree in Real Estate and from Gonzaga and University of Puget Sound. Accounting-University of Hawaii Community Service Community Service Board member, Washington Leadership Institute, Northwest Donated Numerous Generous Scholarships; Funded Minority Job Fair. Regularly teaches civics in schools across Multiple Missionary/Humanitarian Organizations; Conducted Washington, and mentors students. Free Legal Seminars for Immigrants and other less privileged Statement members of society Justice Steve Gonzalez is a husband and father with a Statement distinguished career serving the people of Washington and The 2 most important qualities of a Judge in order of protecting the integrity of our judicial system. He writes clear importance 1:Fairness 2: Real world experience. Nathan opinions that support our rights and the rule of law. Choi owes no political party or special interest Quid Pro He spent a decade as a King County Superior Court Judge Quo. This is the cause of the current constitutional crisis and earned a reputation as a fierce advocate for judicial in our Nation’s Capital. Why else does one judge rule in access and fairness. As a lawyer, he prosecuted terrorism, opposite of another under identical written laws? I am a hate crimes, and domestic violence. He was also a business Patriot. My allegiance is to you. attorney and regularly did free work for people who could not Nathan Choi is the most experienced candidate to resolve pay. current vital issues in Washington. The housing problem can Justice Gonzalez was named “Outstanding Judge of the Year” be resolved with proper interpretation and implementation by several organizations, including the Washington State Bar. of laws. The Supreme Court is in the special position to He is rated “Exceptionally Well Qualified” by ten professional interpret legislative laws to positively impact the public. and civic organizations, including the Veterans Bar, Joint Asian The Judiciary needs Real World Experience how rulings Bar, and Washington Women Lawyers. affect developers, business, and the public. I have litigated and developed housing and know exactly how they create Justice Gonzalez has bipartisan support. He is endorsed by his or eliminate affordable housing and other legal problems. Supreme Court colleagues, Attorney General Bob Ferguson, former Attorney General Rob McKenna, Congresswomen The Judiciary needs an understanding of economics, tax Pramila Jayapal and Suzan DelBene, former Governor regulations and the ripple effects of their decisions. I am Gary Locke, Secretary of State Kim Wyman, Senator Bob the only candidate who has successfully developed Real Hasegawa, Representative Sharon Tomiko Santos, former Estate and understands the Macro Economics of legal Representative Velma Veloria, former King County Executive decisions and will apply the law without bias and for the Ron Sims, judges statewide; State Labor Council, State Fire benefit of the public. Learn more at WAjudicialwatchdog. Fighters, State Patrol; legislative districts across the state. org. Contact Contact (206) 707-9239; [email protected]; (425) 691-6559; [email protected]; justicegonzalez.com www.nathanchoiforjudge.org 52 Supreme Court Justice | Position 9 | 6-year term

Sheryl Gordon McCloud Unopposed (Nonpartisan)

Legal/Judicial Experience Supreme Court Justice since 2012; nearly 30 years as an accomplished trial and appellate lawyer; former adjunct professor, Seattle University School of Law Other Professional Experience Chair, Gender & Justice Commission; member, State Bar Association’s Council on Public Defense; Washington Women Lawyers President’s Award recipient. Prior to service on the Court, recipient of William O. Douglas Award presented by the Washington Association of Criminal Defense Lawyers for “extraordinary courage and dedication” to justice Education J.D., University of Southern California Law Center; B.A., State University of New York at Buffalo, cum laude Community Service Frequent speaker at school, community, and court-related events Statement Justice McCloud was elected to the Supreme Court in 2012 after a long career fighting for constitutional and individual rights, often for people who could not afford a lawyer. Now, she is an experienced Supreme Court Justice. Her fairness, hard work, clear writing, and intellect have earned her awards, endorsements, and “exceptionally well qualified” ratings from groups with varying points of view across the state. She is endorsed by Democrats, Republicans, Independents, and community leaders – all who believe in the importance of an independent judiciary. Justice McCloud remains dedicated to equal rights and access to justice for all. She believes this is a time when all of us, regardless of our political views, must stand together in defending our right to a fair and independent judiciary – a right vital to our democracy. Endorsements: Attorney General Bob Ferguson; former Attorney General Rob McKenna; former U.S. Attorneys Mike McKay and John McKay; 12 current & former Supreme Court justices and over 150 judges statewide; National Women’s Political Caucus of Washington; Washington State Labor Council; State Patrol Troopers Association; State Council of Firefighters; King County Democrats; See more: www.justicesherylmccloud.com; Rated “Exceptionally Well Qualified” by 10 independent Bar Associations Contact (425) 466-0619; [email protected]; www.justicesherylmccloud.com Initiative Measure No. 1631 53

nity will play a critical role in leading this transition and in How do I read measure text? reducing pollution. (5) Both pollution itself and transitioning to a society that Language in double parentheses with a prioritizes clean air, clean energy, clean water, healthy for- line through it is existing state law; it will ests, and healthy communities disproportionately impact be taken out of the law if this measure is some people, workers, and communities more than oth- approved by voters. ers, including communities within pollution and health ac- ((sample of text to be deleted)) tion areas. The use of a pollution fee to offset and alleviate those impacts is appropriate to ensure a successful and Underlined language does not appear in just transition. current state law but will be added to the law (6) The investments authorized in this chapter constitute the purchase of pollution reduction and the protection of if this measure is approved by voters. Washington’s clean air, clean water, healthy forests, and sample of text to be added healthy communities. NEW SECTION. Sec. 2. SHORT TITLE. This act may be known and cited as the Protect Washington Act. Complete Text NEW SECTION. Sec. 3. CLEAN UP POLLUTION FUND. (1) The clean up pollution fund is created in the state trea- Initiative Measure No. 1631 sury. All receipts collected from the pollution fee imposed AN ACT Relating to reducing pollution by investing in by this chapter must be deposited in the fund. The depart- clean air, clean energy, clean water, healthy forests, and ment of revenue is authorized to create subfunds or subac- healthy communities by imposing a fee on large emitters counts as may be necessary or appropriate to implement based on their pollution; and adding a new chapter to Title the purposes of this chapter. Receipts collected from the 70 RCW. pollution fee imposed by this chapter may only be spent BE IT ENACTED BY THE PEOPLE OF THE STATE OF after appropriation into the clean up pollution fund. WASHINGTON: (2) After reasonable administrative costs: (a) Seventy percent of total expenditures under this act NEW SECTION. Sec. 1. FINDINGS AND DETERMINA- must be used for the clean air and clean energy invest- TIONS. The people of the state of Washington make the ments authorized under section 4 of this act; following findings and determinations: (b) Twenty-five percent of total expenditures under this (1) The intent of this chapter is to protect Washington for act must be used for the clean water and healthy forests our children, our grandchildren, and future generations by investments authorized under section 5 of this act; and quickly and effectively reducing pollution and addressing (c) Five percent of total expenditures under this act must its negative impacts. be used for the healthy communities investments autho- (2) Fossil fuel consumption and related pollution contrib- rized under section 6 of this act. ute directly to climate change and the regional effects of (3) The board may authorize deviation from the alloca- global warming, which harm Washington’s health, econ- tions in subsection (2) of this section if there are an insuffi- omy, natural resources, environment, and communities. cient number of interested or eligible programs, activities, This harm includes, but is not limited to, intensified storms, or projects seeking funding or if the board otherwise deter- droughts, sea level rise, increased flooding, more frequent mines that variance from the prescribed allocation is criti- and severe wildfires, and other adverse impacts to forests, cally important to achieve the purposes of this chapter. agriculture, wildlife, fisheries, rivers, and the marine envi- (4) Compliance with the allocations required in subsec- ronment. tion (2) of this section may be calculated based upon the (3) Investments in clean air, clean energy, clean water, average expenditures from the fund over any four-year pe- healthy forests, and healthy communities will facilitate the riod. transition away from fossil fuels, reduce pollution, and cre- (5) In addition to the requirements of subsection (2) of this ate an environment that protects our children, families, and section, each year the total investments made under this neighbors from the adverse impacts of pollution. Funding chapter must meet the following requirements: these investments through a fee on large emitters of pol- (a) A minimum of thirty-five percent of total investments lution based on the amount of pollution they contribute is authorized under this chapter must provide direct and fair and makes sense. A pollution fee offsets and alleviates meaningful benefits to pollution and health action areas. burdens to which those emitters directly contribute. (b) A minimum of ten percent of the total investments (4) The transition to the clean energy economy will have authorized under this chapter must fund programs, activ- tremendous economic and job growth benefits. Washing- ities, or projects that are located within the boundaries of ton’s tradition of innovation and technology development and provide direct and meaningful benefits to pollution and combined with the funding available under this chapter will health action areas. An investment that meets the require- increase economic opportunity, enhance economic and ments of both this subsection (5)(b) and of (a) of this sub- environmental sustainability, and create and support fami- section may count towards the requisite minimum percent- ly-sustaining jobs across the state. The business commu- age for both subsections. 54 Initiative Measure No. 1631

(c) A minimum of ten percent of the total investments au- power, district energy, or on-site renewables, such as solar thorized under this chapter must be used for programs, ac- and wind power, to upgrade existing equipment to more ef- tivities, or projects formally supported by a resolution of an ficient models, to reduce process emissions, and to switch Indian tribe, with priority given to otherwise qualifying proj- to less carbon-intensive fuel sources, especially converting ects directly administered or proposed by an Indian tribe. fossil fuel sources of energy to nonfossil fuel sources; An investment that meets the requirements of both this (c) Programs, activities, or projects, including self-direct- subsection (5)(c) and of (a) of this subsection may count ed investments, that increase energy efficiency in new and towards the requisite minimum percentage for both sub- existing buildings, with a goal of creating carbon neutral sections. However, investments under this subsection (5)(c) buildings across the state; are in addition to, and may not count towards, the requisite (d) Programs, activities, or projects that reduce transpor- minimum percentage for (b) of this subsection. Programs, tation-related carbon emissions, including but not limited activities, or projects for which credits are authorized pur- to programs, activities, or projects that: suant to section 4(6) of this act may, but are not required to, (i) Accelerate the deployment of zero-emission fleets and count towards the requisite minimum percentage for this vehicles, including off-road and maritime vehicles, cre- subsection (5)(c). ate zero-emission vehicle refueling infrastructure, or de- (d) For the purposes of this subsection, “benefits” means ploy grid infrastructure to integrate electric vehicles and investments or activities that: charging equipment; (i) Reduce vulnerable population characteristics, environ- (ii) Reduce vehicle miles traveled or increase public trans- mental burdens, or associated risks that contribute signifi- portation, including investing in public transit, transporta- cantly to the cumulative impact designation of the pollution tion demand management, nonmotorized transportation, and health action area; affordable transit-oriented housing, and high-speed rural (ii) Meaningfully protect the pollution and health action broadband to facilitate telecommuting options such as area from, or support community response to, the impacts telemedicine or online job training; or of climate change; or (iii) Increase fuel efficiency in vehicles and vessels where (iii) Meet a community need identified by vulnerable options to convert to zero-emissions, low-carbon fuels, or members of the community that is consistent with the in- public transportation are cost-prohibitive and inapplicable tent of this chapter and endorsed by the environmental and or unavailable; economic justice panel. (e) Programs, activities, or projects that improve energy (6) The expenditure of moneys under this chapter must efficiency, including programs, activities, or projects related be consistent with applicable federal, state, and local laws, to developing the demand side management of electricity, and treaty rights, including but not limited to prohibitions district energy, or heating and cooling, and investments in on uses of public funds imposed by the state Constitution. market transformation of energy efficiency products; (7) Public entities, including but not limited to state agen- (f) Programs, activities, or projects that replace the use of cies, municipal corporations, and federally recognized natural gas with gas not derived from fossil fuels, including tribes, and not-for-profit and for-profit private entities are but not limited to biomethane and synthetic gas. Programs, eligible to receive investment funds authorized under this activities, or projects may include investments that address chapter. the incremental cost of nonfossil fuel gas or investments (8) Funding under this chapter and credits authorized un- that expand the manufacture or delivery of nonfossil fuel der section 4(6) of this act may be invested in pilot tests gas; and other market and technology development projects (g) Programs, activities, or projects that deploy distribut- that are designed to test the effectiveness of the proposed ed generation, energy storage, demand side management project, program, or technology. technologies, and other grid modernization projects; or NEW SECTION. Sec 4. CLEAN AIR AND CLEAN ENER- (h) Programs, activities, or projects that result in seques- GY INVESTMENTS. tration of carbon, including but not limited to sequestration (1) The clean air and clean energy account is created in the in aquatic marine and freshwater natural resources, agricul- state treasury. All moneys directed to the account from the tural lands and soils, terrestrial, riparian, and aquatic habi- clean up pollution fund created in section 3 of this act must tats, and working forests. Funding under this subsection (1) be deposited in the account. Money in the account must (h) may not fund legally required land management respon- be used for programs, activities, or projects that yield or sibilities, such as requirements under the forest practices facilitate verifiable reductions in pollution or assist affected act or other pertinent land use regulations. workers or people with lower incomes during the transition (2)(a) The department of commerce, working with the to a clean energy economy, including but not limited to: panels, the Washington State University extension energy (a) Programs, activities, or projects that deploy eligible program, the department of transportation, and in con- renewable energy resources, such as solar and wind pow- sultation with the utilities and transportation commission, er; investor-owned and consumer-owned utilities, and oth- (b) Programs, activities, or projects, including self-direct- er experts and agencies, and after review of other states’ ed investments, that increase the energy efficiency or re- plans to reduce carbon pollution or investment strategies duce carbon emissions of industrial facilities, including but for greenhouse gas reduction, shall develop pollution re- not limited to proposals to implement combined heat and duction investment plans and proposed rules that describe Initiative Measure No. 1631 55 the process and criteria to disburse funds from the clean air communities; and supports management activities that and clean energy account in compliance with this section. improve landscape-scale ecological functions to protect All investment plans and proposed rules required by this water, soils, and habitat for fish, wildlife, and plants and subsection must follow this same process. reduce potential for emissions of greenhouse gases. The (i) The department of commerce shall propose and sub- program must prioritize and rank projects that effectively mit to the board for approval an initial investment plan, capture and store carbon and provide a diversity of addi- processes, and procedures for investments made under tional ecological benefits. this section, which the board shall review and approve by (b) Procedures and criteria for the programs, activities, or January 1, 2020. The investment plan, processes, and pro- projects created under (a)(ii) and (iii) of this subsection must cedures govern investments made under this section un- retain sufficient flexibility to serve as a source of matching til the permanent investment plan required by (a)(ii) of this funds from other sources and to allow for a portion of the subsection is adopted by rule. funds awarded to provide for the long-term costs of stew- (ii) By January 1, 2022, the department of commerce ardship obligations on lands protected under those pro- shall draft and submit to the board a permanent invest- grams, activities, or projects. ment plan and proposed rules for the board to review and (c) The proposed procedures, criteria, and rules for the approve through the rule-making process. Upon adoption programs, activities, or projects created under (a)(ii) and (iii) of the final rules by the board, the adopted investment plan of this subsection must be developed in consultation with supersedes the initial investment plan authorized under (a) the panels and must be submitted to the board for final (i) of this subsection. review and approval by January 1, 2020. (iii) The department of commerce shall propose updates (4)(a) There must be sufficient investments made from the to the permanent investment plan and proposed rules ev- clean air and clean energy account to prevent or eliminate ery four years for review and approval by the board through the increased energy burden of people with lower incomes the rule-making process. as a result of actions to reduce pollution, including the pol- (b) The investment plans must prescribe a competitive lution fees collected from large emitters under this chapter. project selection process that results in a balanced portfo- At a minimum, fifteen percent of the clean air and clean lio of investments containing a wide range of technology, energy account is dedicated to investments that directly re- sequestration, and emission reduction solutions that effi- duce the energy burden of people with lower incomes. Ad- ciently and effectively reduce the state’s carbon emissions ditional funds from the clean air and clean energy account from 2018 levels by a minimum of twenty million metric must be allocated for program development, recruitment, tons by 2035 and a minimum of fifty million metric tons by enrollment, and administration to achieve the intent of this 2050 while creating economic, environmental, and health subsection. Investments are in addition to programs, activ- benefits. The emission reductions to be achieved under ities, or projects funded through credits authorized under the plan should, in combination with reductions achieved subsection (6) of this section. After the first effectiveness under other state policies, achieve emissions reductions report is issued, the environmental and economic justice that are consistent with the state’s proportional share of panel may make recommendations to the board on mea- global carbon reductions that will limit global temperature sures to better achieve the intent of this subsection. increases to two degrees centigrade and preferably below (b) The department of commerce or, for credits autho- one and one-half degrees centigrade. rized pursuant to subsection (6) of this section, a light and (3)(a) For investments authorized under subsection (1)(h) power business or gas distribution business shall: of this section: (i) In meaningful consultation with people with lower in- (i) The department of natural resources shall develop pro- comes and with the environmental and economic justice posed procedures, criteria, and rules for a program to se- panel, develop a draft plan that identifies programs, activ- quester carbon through blue carbon projects. ities, or projects that achieve the intent of this subsection (ii) The department of agriculture shall develop proposed and maximize the number of people with lower incomes procedures, criteria, and rules for a program to increase benefiting at levels appropriate to need. The draft plan must soil sequestration and reduce emissions from the loss and be submitted to the board for final review and approval. disturbance of soils, including the conversion of grassland (ii) Prioritize programs, activities, and projects that create and cropland soils to urban development. the following sustained energy burden reductions: (iii) The recreation and conservation office shall develop (A) Energy affordability through bill assistance programs proposed procedures, criteria, and rules for a grant pro- and other similar programs; gram that funds projects to prevent the conversion and (B) Reductions in dependence on fossil fuels used for fragmentation of working forests, farmland, and natural transportation, including public and shared transportation habitats of all types; expands habitat and working forest for access and mobility; connectivity; promotes reforestation; funds the acquisition (C) Reductions in household energy consumption, such of permanent conservation easements or fee simple title as weatherization; and with deed restrictions that result in increased forest carbon (D) Community renewable energy projects that allow sequestration through the implementation of improved for- qualifying participants to own or receive the benefits of est management practices that safeguard ecological ben- those projects at reduced or no cost. efits, protect habitat, and provide sustainable jobs in rural (iii) In consultation with community-based nonprofit or- 56 Initiative Measure No. 1631 ganizations and Indian tribes as appropriate, design and including the board and the panels. The qualifying light implement comprehensive enrollment campaigns that are and power business or gas distribution business shall so- language and culturally appropriate to inform and enroll licit public input and submit the clean energy investment people with lower incomes in the assistance programs au- plan for review and approval by the commission, for inves- thorized under this subsection. The campaign must also tor-owned utilities and gas distribution businesses, or the inform people with lower incomes of other energy cost re- department, for consumer-owned utilities. duction programs for which they may be eligible. The cam- (c) To receive approval, the clean energy investment plan paign should strive to achieve enrollment of one hundred must: percent of people with lower incomes. The department of (i) Identify investments aligned with the pollution reduc- commerce may contract with third parties to carry out the tion investment plan, targets, and goals authorized under requirements of this subsection. and identified in subsection (2) of this section. Eligible in- (c) Programs, activities, or projects that count toward the vestments include: expenditures required by section 3(5)(a) of this act may not (A) Those categories listed in subsection (1)(a) through (g) be counted toward the minimum expenditures required by of this section; this subsection. (B) A customer education and outreach program to pro- (5) Within four years of the effective date of this section, mote widespread participation by consumers and busi- a minimum balance of fifty million dollars of the clean air nesses; and clean energy account must be set aside, replenished (C) The accelerated depreciation of a fossil fuel-fired annually, and maintained for a worker-support program for generator owned by a light and power business, limited to bargaining unit and nonsupervisory fossil fuel workers who thirty percent of credits authorized under a clean energy are affected by the transition away from fossil fuels to a investment plan, if: clean energy economy. The department of commerce, in (I) The accelerated depreciation schedule includes recov- consultation with the environmental and economic justice ery of all plant-in-service costs of the light and power busi- panel, may allocate additional moneys from the fund if nec- ness that owns or controls the plant associated with the essary to meet the needs of eligible workers in the event of fossil fuel-fired generator; unforeseen or extraordinary amounts of dislocation. (II) The plant is replaced with renewable resources or de- (a) Worker support may include but is not limited to full mand side resources that emit no greenhouse gases; and wage replacement, health benefits, and pension contribu- (III) The accelerated depreciation schedule and replace- tions for every worker within five years of retirement; full ment power plan is included in a clean energy investment wage replacement, health benefits, and pension contribu- plan approved by the commission; tions for every worker with at least one year of service for (D) Replacing all or a part of the debt financing portion each year of service up to five years of service; wage insur- of a capital investment made in the development of eligi- ance for up to five years for workers reemployed who have ble renewable energy resources if doing so lowers the cost more than five years of service; up to two years of retraining of financing and the construction of the capital investment costs including tuition and related costs, based on in-state commences after the effective date of this section; community and technical college costs; peer counseling (E) For a qualifying gas distribution business, purchas- services during transition; employment placement ser- ing alternative carbon reduction units. Alternative carbon vices, prioritizing employment in the clean energy sector; reduction units are available only if a gas distribution busi- relocation expenses; and any other services deemed nec- ness demonstrates in its clean energy investment plan that essary by the environmental and economic justice panel. it has pursued all other available investment opportunities. (b) The department of commerce, in consultation with the No more than ten percent of the pollution fee owed in a giv- environmental and economic justice panel, shall develop en year may be reduced by purchasing alternative carbon draft rules, procedures, and criteria, to identify affected reduction units. A qualifying gas distribution business must workers and administer this program. These draft rules, demonstrate that any carbon reduction unit it purchased procedures, and criteria must be submitted to the board for verifiably reduced carbon emissions within the state, creat- final review and approval through the rule-making process. ed benefits, as defined in section (3)(5)(d) of this act, within (6)(a) A qualifying light and power business or gas distri- pollution and health action areas, and was developed in bution business may claim credits for up to one hundred meaningful consultation with vulnerable populations. Alter- percent of the pollution fees for which it is liable under this native carbon reduction units are available only during the chapter. Credits may be authorized for, and in advance of, ten years immediately following the effective date of this investment in programs, activities, or projects consistent section; with a clean energy investment plan that has been ap- (ii) Identify sufficient investments to eliminate net increas- proved by the utilities and transportation commission, for es in energy burden of customers that are people with investor-owned utilities and gas distribution businesses, or lower incomes as a result of actions to reduce pollution, the department of commerce, for consumer-owned utili- including the requirements of this act. At a minimum, fif- ties. teen percent of credits must be dedicated to investments (b) Clean energy investment plans must be developed by that directly reduce energy burden on people with lower a qualifying light and power business or gas distribution incomes. Additional funds must be allocated for program business in meaningful collaboration with stakeholders, development, recruitment, enrollment, and administration Initiative Measure No. 1631 57 to achieve the intent of this subsection. These investments a plan did not meet a performance metric, the commission must be consistent with subsection (4) of this section; or department may require the light and power business or (iii) Demonstrate how the requirements of section 3(5)(a) gas distribution business to remit remaining credits ded- of this act have been met and the criteria in section 7 of this icated for the nonperforming plan or components to the act, excluding subsection (1)(d) of that section, have been clean air and clean energy account and may deny future given priority in the development of the plan; plans unless they meet the requirements of this subsection. (iv) Describe a long-term strategy to eliminate any fee ob- (h) To maintain eligibility to receive a credit for fees, a ligation imposed by this chapter on electricity and minimize qualifying light and power business or gas distribution any fee obligation on natural gas; business must submit and receive approval of an updated (v) Provide performance metrics, including performance clean energy investment plan every two years. metrics designed to measure pollution reduction achieved, (i) An investor-owned light and power business or gas energy burden reduction benefits supplied, and other indi- distribution business may not earn a rate of return from the cators of progress in achieving the purposes of this chap- portion of investments paid for with credits under this sec- ter. Performance metrics must cover the life of the plan; tion. (vi) Demonstrate that expenditures in the plan are in ad- (j) Credits may not support programs, activities, or proj- dition to existing programs and expenditures necessary to ects that are otherwise legally required by federal, state, or meet other emissions reduction, energy conservation, low local laws, or that are required as a result of a legal settle- income, or renewable energy requirements in the absence ment or other action binding on the potential recipient of of this chapter and incremental to investments or expendi- the funds. Credits may not be used to supplant existing tures that the light and power business or gas distribution funding for related programs. business would have pursued in the absence of the plan (k) A qualifying light and power business or gas distri- and the requirements of this chapter; and bution business is authorized to use a reasonable portion (vii) Describe methods of addressing shortfalls of previ- of credits for necessary administrative costs related to the ous plans in achieving the requirements set forth in this requirements of this subsection, including the development subsection (6)(c). and implementation of an approved clean energy invest- (d) The department and the commission may choose to ment plan. approve the entire plan or only parts of a plan and authorize (l) For the purposes of this subsection, a qualifying light credits only for the approved segments. The department, and power business or gas distribution business may re- the commission, and the board may confer with and pro- quest that within one hundred twenty days the department vide recommendations to one another prior to the approval of health designate additional pollution and health action of a clean energy investment plan. The department and the areas located in the service area of the qualifying light and commission may make determinations based on the effi- power business or gas distribution business. cacy of the plan, including appropriate comparison to car- (m) Credited fees in the clean energy investment account bon reduction and other outcomes that are projected to be are considered gross operating revenue for the purpose achieved under the state’s pollution reduction investment of RCW 80.24.010, and may not be considered gross in- plan developed under subsection (2) of this section, results come for the purposes of chapters 82.04 and 82.16 RCW. of the effectiveness report developed under section 12 of In addition to fees paid pursuant to RCW 80.24.010 on this act, and other criteria they adopt. credited fees in the clean energy investment account, each (e) A light and power business or gas distribution business investor-owned utility must pay an annual fee set by the authorized to receive credits under this subsection must commission annually through order of up to one percent establish and maintain a separate clean energy investment of credited fees deposited in the clean energy investment account into which it must deposit amounts equal to the account to pay for the commission’s reasonable cost of ad- credits authorized under this section. Funds deposited into ministering this subsection. this account must be expended during the year in which (n) The commission and department must adopt rules the funds were collected from customers, the preceding concerning the process, timelines, reporting, committees, year, or any of the three subsequent years, after which they standards, and documentation required to ensure proper must be remitted to the clean air and clean energy account. implementation of this subsection. These rules must allow (f) Upon approval of a clean energy investment plan, for stakeholder contribution to the clean energy investment a qualifying light and power business or gas distribution plans and establish requirements for review, approval, per- business must expend moneys from its clean energy in- formance metrics, and independent monitoring and evalu- vestment account in accordance with the approved clean ation of a clean energy investment plan of a light and power energy investment plan, with the oversight of the com- business or gas distribution business. mission or department. A light and power business or gas (o) The amount of credits authorized and spent under this distribution business must submit annual reports to the subsection counts towards the minimum percentage of in- commission or department that include, at a minimum, the vestments required by section 3(2)(a) of this act. status of the plan and an evaluation of whether its invest- (p) The definitions in this subsection (6)(p) apply through- ments have achieved the performance metrics identified in out this subsection unless the context clearly requires oth- the clean energy investment plan. erwise. (g) If the commission or the department determines that (i) “Commission” means the utilities and transportation 58 Initiative Measure No. 1631 commission. (B) Improve forest health and reduce vulnerability to (ii) “Department” means the department of commerce. changes in hydrology, insect infestation, and other impacts (7) Funding made available for programs, activities, or of climate change. projects under this section must be additive to existing (ii) The department of natural resources may consider funding and may not supplant funding otherwise available. supporting cross laminated timber and other mass timber (8) The expenditures of funds under this section may not technologies in support of this work. support programs, activities, or projects that are otherwise (iii) The department of natural resources must develop legally required by federal, state, or local laws, or that are draft procedures, criteria, and rules for the program autho- required as a result of a legal settlement or other legal ac- rized under this subsection (2)(b). Funding priority must be tion or court order binding on the potential recipient of the given to programs, activities, or projects prioritized pursu- funds. ant to RCW 76.06.200 and 79.10.530 across any combina- NEW SECTION. Sec. 5. CLEAN WATER AND HEALTHY tion of local, state, federal, tribal, and private ownerships. FORESTS INVESTMENTS. (1) The clean water and healthy (iv) The department of natural resources must adopt forests account is created in the state treasury. All moneys rigorous performance-based criteria and objectives for directed to the account from the clean up pollution fund funding decisions under this subsection (2)(b), such as the created in section 3 of this act must be deposited in the number of acres burned or thinned or otherwise treated to account. Moneys in the account are intended to increase improve forest health, acres of forest for which wildland the resiliency of the state’s waters and forests to the im- fire prevention measures have been implemented, and the pacts of climate change. Moneys in the account must be number of communities in the wildland urban interface for spent in a manner that is consistent with existing and future which wildfire resilience and defense measures have been assessment of climate risks and resilience from the scien- implemented. tific community and expressed concerns of and impacts to (3) Draft procedures, criteria, and rules required under pollution and health action areas. this section must be developed in consultation with the (2) Moneys in the account may be allocated for the fol- clean water and healthy forests panel and must be submit- lowing purposes: ted to the board for final review and approval subject to the (a) Clean water investments that improve resilience from rule-making process. climate impacts. (4) Moneys in the account may not be used for projects (i) Funding under this subsection (2)(a) must be used to: that would violate tribal treaty rights or result in significant (A) Restore and protect estuaries, fisheries, and marine long-term damage to critical habitat or ecological func- shoreline habitats, and prepare for sea level rise; tions. Investments from this account must result in long- (B) Increase the ability to remediate and adapt to the im- term environmental benefit and increased resiliency to the pacts of ocean acidification; impacts of climate change. (C) Reduce flood risk and estorer natural floodplain eco- (5) Funding made available for projects under this sec- logical function; tion should be considered additive to existing funding and (D) Increase the sustainable supply of water and improve is not intended to supplant funding otherwise available for aquatic habitat, including groundwater mapping and mod- such projects. eling; or NEW SECTION. Sec. 6. HEALTHY COMMUNITIES IN- (E) Improve infrastructure treating stormwater from pre- VESTMENTS. (1) The healthy communities account is cre- viously developed areas within an urban growth boundary ated in the state treasury. All moneys directed to the ac- designated under chapter 36.70A RCW, with a preference count from the clean up pollution fund created in section 3 given to projects that use green stormwater infrastructure. of this act must be deposited in the account. Moneys in the (ii) Funding under this subsection (2)(a) proposed for proj- account must be used for programs, activities, or projects ects in the Puget Sound basin must be reviewed by the to prepare communities for challenges caused by climate Puget Sound partnership for consistency with the Puget change and to ensure that the impacts of climate change Sound action agenda authorized under chapter 90.71 are not disproportionately borne by certain populations. In- RCW. This review must be conducted in a manner that vestments from this account may be used for the following does not delay the approval of programs, activities, or proj- purposes, with first priority given to programs, activities, ects under this subsection. or projects eligible for funding under (a), (b), and (c) of this (iii) The departments of ecology, natural resources, fish subsection: and wildlife, the Puget Sound partnership, and the recre- (a) Enhancing community preparedness and awareness ation and conservation office must jointly develop draft before, during, and after wildfires; procedures, criteria, and rules for the program authorized (b) Developing and implementing resources to support under this subsection (2)(a). fire suppression, prevention, and recovery for tribal com- (b) Healthy forests investments to improve resilience from munities impacted or potentially impacted by wildfires; climate impacts. (c) Relocating communities on tribal lands that are im- (i) Funding under this subsection (2)(b) must be used for pacted by flooding and sea level rise; and projects and activities that will: (d) Developing and implementing education programs (A) Increase resilience to wildfire in the face of increased and teacher professional development opportunities at temperature and drought; or public schools to expand awareness of and increase pre- Initiative Measure No. 1631 59 paredness for the environmental, social, and economic im- es for people with lower incomes. pacts of climate change and strategies to reduce pollution. (2) Projects that satisfy multiple criteria in subsection (1) (2) Funding under this section may not supplant federal of this section receive first preference under this section. funding or federal obligations otherwise required by law or NEW SECTION. Sec. 8. POLLUTION FEE. (1) A pollution treaty. fee is imposed on and must be collected from large emit- (3) The department of natural resources, in consultation ters based on the carbon content of: with the environmental and economic justice panel, shall (a) Fossil fuels sold or used within this state; and develop draft procedures, criteria, and rules for the pro- (b) Electricity generated within or imported for consump- grams authorized in subsection (1)(a) through (c) of this tion in the state. section. The procedures, criteria, and rules for the program (2) The fee must be levied only once on a particular unit authorized in subsection (1)(a) of this section must prioritize of fossil fuels or electricity. programs, activities, or projects that benefit communities (3) Beginning January 1, 2020, the pollution fee on large with limited English proficiency and other vulnerable popu- emitters is equal to fifteen dollars per metric ton of car- lations in communities at risk from wildfires. bon content. Beginning January 1, 2021, the pollution fee (4) The superintendent of public instruction shall develop on large emitters increases by two dollars per metric ton draft procedures, criteria, and rules for the program autho- of carbon content each January 1st. The annual increase rized in subsection (1)(d) of this section. shall adjust for inflation each year. The pollution fee is fixed (5) Twenty percent of the healthy communities account and no longer increases, except for annual increases for must be reserved for developing community capacity to inflation, when the state’s 2035 greenhouse gas reduction participate in the implementation of this chapter, including goal is met and the state’s emissions are on a trajectory the preparation of funding proposals. Funds for this com- that indicates that compliance with the state’s 2050 goal is munity capacity program must be allocated through a com- likely, as those goals exist or are subsequently amended, petitive process with a preference for projects proposed by as determined by the board. vulnerable populations in pollution and health action areas (4) In order to calculate the pollution fee on large emitters and rural communities. Any Indian tribe that applies must imposed by this chapter, by November 1, 2019, the depart- receive up to two hundred thousand dollars per year to ment of ecology must, in consultation with the department build tribal capacity to participate in the implementation of of revenue, adopt emergency rules specifying the basis for this chapter. The department of commerce shall work with the carbon content inherent in or associated with covered the environmental and economic justice panel to develop fossil fuels and electricity. In developing these rules, the de- draft procedures, criteria, and rules for this program. partment of ecology may consider, among other resources, (6) Proposed procedures, criteria, and rules prepared un- the carbon dioxide content measurements for fossil fuels der this section must be sent to the board for final adoption, from the federal energy information administration and the including through the rule-making process as appropriate. federal environmental protection agency. The department NEW SECTION. Sec. 7. INVESTMENT CRITERIA. (1) Af- of ecology may periodically update the rules specifying the ter applying the account-specific criteria in sections 4, 5, carbon content of fossil fuels and electricity. and 6 of this act, preference must be given to investments (5) For the generation or import of electricity from an un- authorized under section 3 of this act and credits autho- specified source, the department of ecology, in consulta- rized under section 4(6) of this act that meet one or more of tion with the department of commerce, must select a de- the following investment criteria: fault emission factor that maximizes the incentive for light (a) Procurement and use of materials and content that and power businesses to specify power sources without have lower carbon emissions associated with their trans- also unduly burdening the ability to purchase electricity portation and manufacturing, as determined through the from the market. best available reporting and assessment tools; (6) For power generated or imported by the Bonneville (b) Support of high quality labor standards, prevailing power administration, the department of ecology must wage rates determined by local collective bargaining, ap- publish a default emissions factor for sales into Washing- prenticeship and preapprenticeship utilization and pre- ton state. ferred entry standards, community workforce agreements (7) A credit for the fee owed may be authorized as provid- with priority local hire, procurement from women, veteran, ed in section 4(6) of this act. The utilities and transportation and minority-owned businesses, procurement from and commission and the department of commerce shall ensure contracts with entities that have a history of complying with that resources are not reallocated between customers, federal and state wage and hour laws and regulations, and customer classes, or geographies for the purposes of arti- other related labor standards; ficially reducing the application of this fee without reducing (c) Reduction of worker and public exposure to emis- actual pollution emissions and, in doing so, must also not sions of air pollutants regulated under chapter 70.94 RCW, unduly burden the ability of a light and power business or discharges of pollutants regulated under chapter 90.48 gas distribution business to transact with the market. RCW, or releases of hazardous substances under chapter (8) The department of revenue is directed to collect the 70.105D RCW; and fee and is authorized to take actions it deems necessary to (d) Reduction of pollution through strategies that reduce collect the pollution fee. vehicle miles traveled, including by reducing travel distanc- (9) To carry out the purposes of this chapter, the state 60 Initiative Measure No. 1631 is authorized to issue general obligation or revenue bonds chapter up to the amount of the similar fee paid to the other within the limitations now or hereafter prescribed by the jurisdiction if the payer petitions to and receives approval laws of this state, and may use, and is authorized to pledge, for the credit from the department of commerce. the moneys collected under this section for repayment of (3) For electricity generated in Washington that is sold those bonds. out of state to a jurisdiction that has a similar fee on car- (10) The pollution fee owed by a large emitter may be bon content, a large emitter may receive a credit equal to assumed by a light and power business when it purchases the amount of the fee in the receiving jurisdiction up to the electricity from that large emitter. amount of the fee owed under this chapter if the payer pe- (11) When a large emitter purchases power from the Bon- titions to and receives approval for the credit from the de- neville power administration, the larger emitter must as- partment of commerce. sume the pollution fees, if any. NEW SECTION. Sec. 10. PUBLIC OVERSIGHT BOARD NEW SECTION. Sec. 9. EXEMPTIONS. (1) To ensure AND CONSULTATION. (1) The public oversight board is es- consistency with existing state and federal law and to facil- tablished within the executive office of the governor. The itate the timely, feasible, and effective reduction of pollution purpose of the board is to ensure timely, effective, and ef- under this chapter, the pollution fee imposed on large emit- ficient implementation of this chapter. The board must en- ters does not apply to and may not be collected for: sure robust public involvement, accountability, and trans- (a) Fossil fuels brought into this state in the fuel supply parency in the implementation of this chapter. tank of a motor vehicle, vessel, locomotive, or aircraft; (2) The board has fifteen voting members, including the (b) Fossil fuels that are exported or sold for export out- chair, the six cochairs of the panels, four at-large positions, side of Washington. Export to a federally recognized Indian the commissioner of public lands, and the directors of the tribal reservation located within this state is not considered department of commerce, the department of ecology, and export outside of Washington; the recreation and conservation office. The governor shall (c) Fossil fuels directly or eventually supplied to a light appoint the chair and the four at-large positions, one of and power business for purposes of generating electricity; which must be a tribal representative and one of which (d) Motor vehicle and special fuel currently exempt from must represent vulnerable populations in pollution and taxation under RCW 82.38.080; health action areas, to achieve an overall board member- (e) Fossil fuels and electricity sold to and used onsite by ship with appropriate expertise in pollution reduction. The facilities with a primary activity that falls into an EITE sec- at-large positions must serve staggered four-year terms. tor, including any facility primarily supporting one or more The department of health, the department of transporta- facilities falling into one or more EITE sectors such as ad- tion, and the superintendent of public instruction are non- ministrative, engineering, or other office facilities, after the voting members of the board. department of commerce has validated a facility’s designa- (3) The board has the following powers and duties: tion within such sector or its supporting facility status in an (a) Develop budget recommendations pursuant to the EITE sector; process set forth in chapter 43.88 RCW; (f) Aircraft fuels as defined in RCW 82.42.010 and mari- (b) Work with appropriate state agencies to utilize, where time fuels; feasible, existing programs to deliver funding made avail- (g) Activities or property of Indian tribes and individual able under this chapter; Indians that are exempt from state taxation as a matter (c) Evaluate the funding proposals developed by the state of federal law and state law, whether by statute, rule, or agencies and the panels and provide final approval of fund- compact, including but not limited to the exemptions listed ing for programs and projects under this chapter at a public in WAC 458-20-192. For motor vehicle fuel or special fuel hearing; sold on tribal lands, the fee may be included in any agree- (d) Adopt rules under chapter 34.05 RCW as necessary ments under RCW 82.38.310; to carry out the purposes of this chapter; (h) Diesel fuel, biodiesel fuel, or aircraft fuel when these (e) Review and approve procedures, criteria, and rules fuels are used solely for agricultural purposes by a farm fuel developed under the provisions of this chapter, the pollu- user, as those terms are defined in RCW 82.08.865; tion reduction investment plan developed under section 4 (i) Pollution emissions from a coal closure facility. For the of this act, and the effectiveness report required by section purpose of this chapter, a “coal closure facility” is any facili- 12 of this act; ty that generates electricity through the combustion of coal (f) Develop a tribal consultation process for programs, as of the effective date of this section and: activities, or projects proposed for funding under this chap- (i) Is legally bound to comply with emissions performance ter consistent with subsection (9) of this section; standards as set forth in RCW 80.80.040 by December 31, (g) Confer with the governor and the legislature regarding 2025; or implementation of this chapter; and (ii) Is legally bound to cease operation by December 31, (h) Carry out such other duties necessary for implemen- 2025. tation of this chapter or that are delegated to the board. (2) For any electricity or fossil fuels subject to the fee (4) The board must be led by the chair of the board. The imposed by this chapter that are also subject to a similar chair is a full-time staff person appointed by the governor fee on carbon content imposed by another jurisdiction, the and should be housed in the office of the governor. The payer may take a credit against the fee imposed by this chair should have experience in management and admin- Initiative Measure No. 1631 61 istration and expertise in and a demonstrated commitment consultation is to share information regarding the project to reducing pollution and transitioning to a clean energy to ensure a complete understanding of the project and to economy. identify and address tribal concerns. The process for con- (5) In addition to leading the board, the chair has, without sultation must be as follows: limitation, the following duties and authorities: (i) Consultation with Indian tribes must be initiated when (a) Drive implementation of programs, activities, or proj- a project is being evaluated for funding by a panel. ects in a manner that achieves timely and effective pollu- (ii) Consultation is initiated upon receipt of a letter from tion reduction and the other purposes of this chapter; the board or panel to the person identified by Indian tribes (b) Solicit analysis from any state agency or office on under RCW 43.376.050. If an Indian tribe does not respond matters related to implementation of this chapter; within forty-five days of receipt of the letter, the board may (c) Convene and preside over a climate subcabinet, con- conclude that the Indian tribe has declined consultation on sisting of representatives of the agencies with responsibili- the project. The board shall provide notice in a manner that ty to implement portions of this chapter and the cochairs of ensures actual receipt by the tribe and provides clarity as the panels; to the commencement of the forty-five day period outlined (d) Periodically brief the governor and legislative leaders herein. regarding progress, challenges, and obstacles in imple- (iii) Where an Indian tribe responds to the letter, the board menting this chapter; and must utilize the consultation process established by the (e) Hire staff as necessary to support the work of the chair board, including a mutually agreed timeline for completion and the board. of consultation. The consultation process runs concurrent- (6) Members of the board who are not state employees ly with the panels’ and board’s evaluation of the project must be compensated in accordance with RCW 43.03.240 and must be completed prior to the date determined by the and are entitled to reimbursement individually for travel ex- board to complete final funding decisions. penses incurred in the performance of their duties as mem- (iv) The board and the Indian tribe must work in good bers of the board in accordance with RCW 43.03.050 and faith during the consultation process to reach consensus 43.03.060. on whether the project should be funded. (7) All state agencies shall cooperate with and support (c) For programs, activities, or projects that directly im- the board as it implements this chapter. All state agencies pact tribal lands, the goal of the consultation process is shall complete their duties under this chapter and other- to obtain free, prior, and informed consent for the project. wise drive its implementation with a sense of urgency. For these programs, activities, or projects, consultation is (8) To ensure timeliness, efficiency, and effectiveness, the complete when the Indian tribe’s government provides the board and the joint legislative audit and review committee board with a written resolution providing consent or with- shall jointly develop a schedule for periodic review and re- holding consent by the deadline set for completion of the porting regarding the implementation of this chapter. consultation process. (9) In furtherance of strengthening partnerships between (d) If any project that directly impacts tribal lands is fund- the state and Indian tribes, achieving the goals set forth in ed under this chapter without complying with (b) and (c) this chapter, and to ensure mutual respect for the rights, of this subsection, upon a request by an Indian tribe, all interests, and obligations of each sovereign, this chapter further action on the project must cease until consultation must be construed to recognize and affirm the inherent with the Indian tribe is complete. sovereignty of Indian tribes, and to further the govern- (e) Nothing in this subsection precludes a panel or the ment-to-government relationships between Indian tribes board from evaluating similar programs, activities, or proj- and the state as follows: ects as a group or using existing programs, activities, or (a) Any state agency acting under the authority of this projects to provide preliminary funding recommendations. chapter or receiving funding under this chapter must con- (f) Informal and early consultation between an Indian tribe sult with Indian tribes on all decisions that may directly af- and a project proponent is encouraged. fect Indian tribes and tribal lands including but not limited (g) The utilities and transportation commission shall com- to activities such as rule making. That consultation must ply with this subsection in exercising its authority under follow the agency’s protocol for consultation with Indian section 4 of this act. tribes developed pursuant to the centennial accord and NEW SECTION. Sec. 11. INVESTMENT ADVISORY PAN- must occur independent of any public participation pro- ELS. (1) Three panels are created to provide detailed rec- cess required by state law or by the agency, regardless ommendations to the board and state agencies regarding of whether the agency receives a request for consultation implementation of this chapter, including the development from an Indian tribe. of proposed rules, criteria, procedures, and other program (b) Any project proposed for funding under this chapter elements. The governor shall appoint members of each that directly impacts tribal lands or usual and accustomed panel for four-year, staggered terms. At least one-third of fishing areas must be subject to meaningful formal con- the membership of each panel must be representatives sultation with Indian tribes before the board approves dis- of the interests of vulnerable populations in pollution and bursement of investment moneys for the project. Consul- health action areas. tation must include all consultation required under state or (2) The clean air and clean energy panel must be co- federal law and the provisions of this section. The goal of chaired by one business interest and a stakeholder that 62 Initiative Measure No. 1631 represents a statewide labor organization that represents with lower incomes, and provide opportunities for vulner- a broad cross-section of workers. The panel may have able populations to consult on the implementation of this no more than nine members, representing tribal, environ- chapter; mental, business, and labor communities and pollution (e) Evaluate compliance with the investment criteria in and health action areas outside of tribal lands. The panel’s section 7 of this act; membership must have expertise in carbon reduction pro- (f) Define qualifying events and workers for the allocation grams, activities, and technologies. The panel shall work of funds authorized under section 4(5) of this act; with appropriate state agencies to identify existing state (g) Review and comment on the analyses required under programs that can be utilized to provide preliminary evalu- section 12 of this act and identify and recommend oppor- ations of grant applications, develop criteria and processes tunities and measures to reduce burdens identified in the for evaluating programs, activities, or projects proposed cumulative impact designation of pollution and health ac- that cannot be evaluated under existing programs, and tion areas pursuant to section 12(2) of this act, to increase prepare funding and other recommendations to the board economic opportunities, and to decrease risks, such as for expenditures from the clean air and clean energy ac- displacement; and count, created in section 4 of this act. The clean air and (h) Administer, in cooperation with the department of clean energy panel may also develop, as needed, and rec- commerce, the community capacity grants authorized un- ommend rules for the board’s consideration. der section 6(5) of this act. (3) The clean water and healthy forests panel must be (5) Relevant state agencies shall cooperate with and sup- cochaired by one tribal leader and one stakeholder that port the panels as they implement this chapter. represents statewide environmental interests. The panel (6) Any single individual may serve on more than one may have no more than nine members, representing tribal, panel. Members of the panels who are not state employees environmental, business, and labor communities and pol- must be compensated in accordance with RCW 43.03.240 lution and health action areas outside of tribal lands. The and are entitled to reimbursement individually for travel ex- panel shall work with appropriate state agencies to iden- penses incurred in the performance of their duties as mem- tify existing state programs that can be utilized to provide bers of the panel in accordance with RCW 43.03.050 and initial evaluations of grant applications, develop funding 43.03.060. Members of the environmental and economic criteria and processes for programs, activities, or projects justice panel may receive financial support from organi- that cannot be evaluated under existing programs, and zations and the governments of Indian tribes through ap- prepare funding and other recommendations to the board proved community capacity grants awarded under section for expenditures from the clean water and healthy forests 6(5) of this act. account, created in section 5 of this act. The panel may NEW SECTION. Sec. 12. EFFECTIVENESS REVIEW AND also recommend rules for the board’s consideration. POLLUTION MAPPING. (1)(a) By December 10, 2022, and (4) The environmental and economic justice panel must every four years thereafter, the department of commerce, be cochaired by one tribal leader and one person that is a with support from relevant agencies and in consultation representative of the interests of vulnerable populations in with the panels, the board, academic institutions, and oth- pollution and health action areas outside of tribal lands. In er experts as appropriate, and taking into account scientific addition to the cochairs, the panel consists of two mem- and community assessments of climate impacts, risks, and bers representing union labor with expertise in economic resilience needs, must develop and submit to the board a dislocation, clean energy economy, or energy-intensive draft effectiveness report for final review and approval by and trade-exposed industries and five members, including the board. at least one tribal leader and at least two nontribal leaders (b) The effectiveness report must describe progress in representing the interest of vulnerable populations in pollu- achieving the purposes of this chapter, including progress tion and health action areas. The purpose of the panel is to: made in achieving the carbon reduction goals established (a) Prepare funding recommendations to the board for in section 4(2)(b) of this act and in developing and imple- expenditures from the healthy communities account, cre- menting the pollution reduction plans and clean energy ated in section 6 of this act; investment plans under section 4 of this act. In addition, (b) Develop draft procedures, criteria, and rules for eval- the effectiveness report must also include information re- uating programs, activities, or projects for review and ap- garding the impact of the implementation of this chapter proval by the board and make funding recommendations upon employment and jobs, including the number and na- regarding people with lower incomes, affected workers, ture of jobs created, worker hours, job quality, job access vulnerable populations, and pollution and health action ar- and demographics, cobenefits secured, and other employ- eas; ment and economic information as deemed appropriate. (c) Make recommendations regarding preventing or elim- The effectiveness report must also identify and evaluate inating any increased energy burden of people with lower outcomes, risks, and recommendations for vulnerable incomes as a result of actions to reduce pollution, including populations, pollution and health action areas, people with the pollution fees collected from large emitters under this lower incomes, Indian tribes, and affected workers. The ef- chapter; fectiveness report must recommend improvements to the (d) Define meaningful consultation with pollution and implementation of this chapter. health action areas, vulnerable populations, and people (2) By July 31, 2019, the department of health shall des- Initiative Measure No. 1631 63 ignate pollution and health action areas. This designation from these products including but not limited to motor ve- must be at a minimum resolution of census tract scale and hicle fuel, special fuel, aircraft fuel, marine fuel, still gas, be based on the cumulative impact analysis of vulnerable propane, and petroleum residuals such as bunker fuel. For populations and environmental burdens conducted by the purposes of imposing the pollution fee on the carbon con- University of Washington’s department of environmental tent of fossil fuels consumed by a refinery facility during and occupational health sciences. The designation and the process of refining fossil fuels, “fossil fuel” also means ranking of census tracts in the cumulative impacts analy- crude oil and petroleum. sis and underlying data must be available for public review (11) “Fund” means the clean up pollution fund estab- and may be integrated with or build upon other population lished under section 3 of this chapter. tracking resources. The designation of pollution and health (12) “Gas distribution business” has the same meaning action areas and the cumulative impact analysis of vul- as provided in RCW 82.16.010. nerable populations and environmental burdens must be (13) “Greenhouse gas” and “greenhouse gases” have the periodically evaluated and updated by the department of same meaning as provided in RCW 70.235.010(6). health after meaningful consultation with vulnerable popu- (14) An “Indian tribe” is an Indian nation, tribe, band, lations, the environmental and economic justice panel, and community, or other entity: the University of Washington’s department of environmen- (a) Recognized as an Indian tribe by the federal depart- tal and occupational health sciences. ment of the interior; and NEW SECTION. Sec. 13. DEFINITIONS. The definitions (b) With its principal governmental office located within in this section apply throughout this chapter unless the the geographical boundaries of the state of Washington or context clearly requires otherwise. with treaty-reserved rights retained within the geographical (1) “Alternative carbon reduction unit” means a credit for boundaries of the state of Washington. one metric ton reduction in pollution that substitutes for an (15) “Inflation” means the percentage change in the con- equivalent emission reduction in a qualifying gas distribu- sumer price index for all urban wage earners and clerical tion business’s operations and is real, permanent, enforce- workers for the United States as published for the most re- able, verifiable, and additional to business as usual. The cent twelve-month period by the bureau of labor statistics unit must derive from an action that reduces pollution. of the federal department of labor by September 30th of (2) “Board” or “oversight board” means the public over- the year before the fees are payable. sight board created in section 10 of this act. (16) “Investor-owned utility” has the same meaning as in (3) “Carbon content” means the carbon dioxide equiva- RCW 19.29A.010. lent that is released through the combustion or oxidation of (17) “Large emitter” means: a fossil fuel, or that is associated with the combustion or (a) For electricity: oxidation of a fossil fuel, used to generate electricity. (i) An importer of electricity that was generated using fos- (4) “Carbon dioxide equivalent” has the same meaning as sil fuels or is subject to a default emissions factor under provided in RCW 70.235.010. section 8 of this act; or (5) “Consumer-owned utility” has the same meaning as in (ii) A power plant located in the state of Washington that RCW 19.29A.010. generates electricity using fossil fuels. (6) “Eligible renewable energy resource” has the same (b) For motor vehicle fuel and special fuel, entities re- meaning as in RCW 19.285.030. quired to pay the tax specified in RCW 82.38.030(9). (7) “Energy burden” is the percentage of household in- (c) For natural gas, entities required to pay the tax spec- come spent on road transportation and home energy bills. ified in chapter 82.16 RCW, or, if the fee is not paid by a (8) “Energy-intensive and trade-exposed sectors” and gas distribution business under chapter 82.16 RCW, by the “EITE sectors” mean: person required to pay tax as provided in RCW 82.12.022 (a) Those sectors identified under “EITE covered party” in (1) through (3) and (8) through (10). WAC 173-442-020(1)(m) as of April 22, 2017; and (d) For other petroleum products, persons as designated (b) Other sectors the department of commerce desig- by rule by the department of revenue. nates that have, on average across all facilities belonging (e) A seller of fossil fuels to end users or consumers. to the sector in the state, both a greater energy intensity (f) A seller of fossil fuels sold for combined heat and pow- of production and a greater trade share of goods than the er as defined in RCW 19.280.020. corresponding averages for any other EITE sector. (g) A refinery facility for crude oil, crude oil derivatives and (9) “Environmental burdens” refers to the cumulative risks other fossil fuels consumed by or in a refinery facility. to communities caused by historic and current: (18) “Light and power business” has the same meaning (a) Exposure to conventional and toxic hazards in the air, as provided in RCW 82.16.010, and includes a light and water, and land, and; power business owned or operated by a municipality. (b) Adverse environmental effects, which are environ- (19) “Maritime fuels” means diesel, gasoline, and biofu- mental conditions caused or made worse by contamination el-blend fuels sold from fuel docks for use in vessels and or pollution or that create vulnerabilities to climate impacts. bunker and other fuels sold for use in ships for interstate (10) “Fossil fuel” means petroleum products that are in- and international transportation. tended for combustion, natural gas, coal or coke of any (20) “Motor vehicle fuel” has the same meaning as pro- kind, or any form of solid, liquid, or gaseous fuel derived vided in RCW 82.38.020. 64 Initiative Measure No. 1631

(21) “Panel” or “panels” means any or all of the panels (33) “Vulnerable populations” are communities that ex- established in section 11 of this chapter. perience high cumulative risk from environmental burdens (22) “Person” means the state of Washington, political due to: subdivision of the state of Washington, municipal corpo- (a) Adverse socioeconomic factors, such as unemploy- ration, the United States, and any individual, receiver, ad- ment, high housing and transportation costs relative to in- ministrator, executor, assignee, trustee in bankruptcy, trust, come, and linguistic isolation; and estate, firm, partnership, joint venture, club, company, joint (b) Sensitivity factors, such as low birth weight and higher stock company, business trust, corporation, limited liability rates of hospitalization. company, association, society, or any group of individuals NEW SECTION. Sec. 16. All departments and agencies acting as a unit, whether mutual, cooperative, fraternal, named in this chapter may adopt rules, develop guidance, nonprofit, or otherwise. and create forms and other documents necessary to effec- (23) “People with lower incomes” means: tuate the provisions and purposes of this chapter. (a) All Washington residents with an annual income, ad- justed for household size, which is at or below the greater NEW SECTION. Sec. 17. As of the effective date of this of: section, chapter 173-442 WAC and associated amend- (i) Eighty percent of the area median income as reported ments to chapter 173-441 WAC previously adopted by by the federal department of housing and urban develop- the department of ecology may not be enforced by the ment; or department of ecology. If this chapter is invalidated, the (ii) Two hundred percent of the federal poverty line; and department of ecology is directed to enforce chapter 173- (b) Members of an Indian tribe who meet the in- 442 WAC and associated amendments to chapter 173-441 come-based criteria for existing other means-tested bene- WAC. fits through formal resolution by the governing council of an NEW SECTION. Sec. 18. If any provision of this chapter Indian tribe. or its application to any person or circumstance is held in- (24) “Petroleum product” means hydrocarbons that are valid, the remainder of the chapter or the application of the the product of the fractionation, distillation, or other refining provision to other persons or circumstances is not affected. or processing of crude oil that are used as, usable as, or If any provision of this chapter or its application to any per- may be refined as a fuel or fuel blend stock. son or circumstance is held unconstitutional or unlawful, (25) “Pollution” means, for purposes of this chapter only, this chapter shall be construed to provide for the maximum the presence of or introduction into the environment of application of the pollution fee and investments authorized greenhouse gases. in this chapter. Each exemption in section 9 of this act is (26) “Pollution and health action areas” are those com- severable and, if any exemption is held unconstitutional or munities designated by the department of health based on unlawful, the remainder of the chapter is not affected. the cumulative impacts analysis required by section 12(2) NEW SECTION. Sec. 19. The findings and determinations of this chapter and census tracts that are fully or partially in section 1 of this act are an integral part of this chapter. on “Indian Country” as defined in 18 U.S.C. Sec. 1151. The provisions of this chapter are to be liberally construed (27) “Power plant” has the same meaning as in RCW to effectuate the policies and purposes of this chapter. 80.80.010. (28) “Special fuel” has the same meaning as provided in NEW SECTION. Sec. 20. The people find and determine RCW 82.38.020 and includes fuel that is sold or used to that the pollution fee imposed in this chapter is not a tax propel vessels. in light of the purposes, benefits, and use of the fee. Nev- (29) “Supplier” means a person that produces, refines, ertheless, if a court of final jurisdiction determines that the imports, sells, or delivers fossil fuels in or into the state for pollution fee imposed in this chapter is a tax, then that tax use or processing within the state. shall be deemed authorized, imposed, and exempt from (30) “Tribal lands” means “Indian Country” as defined in the provisions of RCW 82.32.805 and 82.32.808. 18 U.S.C. Sec. 1151, lands owned by or held in trust for an NEW SECTION. Sec. 21. Sections 1 through 19 of this Indian tribe, and sensitive tribal areas. For the purposes of act constitute a new chapter in Title 70 RCW. this chapter, “sensitive tribal areas” are areas in which an --- END --- Indian tribe has a significant interest, such as sacred sites, traditional cultural properties, and burial grounds protected under chapter 27.44 RCW. (31) “Tribal leaders” means persons identified by Indian tribes under RCW 43.376.050 or other designee formally appointed by the Indian tribe. (32) “Usual and accustomed fishing area” is any area ad- judicated to have been reserved for fishing by one or more Indian tribe(s) through treaties as recognized by United States v. Washington, 20 F. Supp. 3d 899 (2008). For pur- poses of this chapter only, “usual and accustomed fishing area” refers to waterways only and not nearby uplands. Initiative Measure No. 1634 65

this section, a local governmental entity may not impose or Complete Text collect any tax, fee, or other assessment on groceries. Initiative Measure No. 1634 (2) Nothing in this section precludes the continued col- AN ACT Relating to the taxation of groceries; and adding lection of any existing tax, fee, or other assessment on a new chapter to Title 82 RCW. groceries as is in effect as of January 15, 2018; but no ex- isting tax, fee, or other assessment on groceries may be BE IT ENACTED BY THE PEOPLE OF THE STATE OF increased in rate, scope, base, or otherwise after January WASHINGTON: 15, 2018, except as provided in subsections (3) and (4) of NEW SECTION. Sec. 1. SHORT TITLE. This chapter may this section. be known and cited as the “keep groceries affordable act (3) Nothing in this section prohibits the imposition and of 2018.” collection of a tax, fee, or other assessment on groceries if: (a) The tax, fee, or other assessment is generally applica- NEW SECTION. Sec. 2. KEEPING GROCERIES AF- ble to a broad range of businesses and business activity; FORDABLE: FINDINGS AND DECLARATIONS. and (1) Whereas access to food is a basic human need of (b) The tax, fee, or other assessment does not establish every Washingtonian; and or rely on a classification related to or involving groceries or (2) Whereas keeping the price of groceries as low as pos- a subset of groceries for purposes of establishing or other- sible improves the access to food for all Washingtonians; wise resulting in a higher tax rate due to such classification. and (4) Nothing in this section prohibits the imposition and (3) Whereas taxing groceries is regressive and hurts low- collection of a local retail sales and use tax pursuant to and fixed-income Washingtonians the most; and RCW 82.14.030 on those persons taxable by the state un- (4) Whereas working families in Washington pay a greater der chapters 82.08 and 82.12 RCW. share of their family income in state and local taxes than NEW SECTION. Sec. 5. IMPLEMENTATION. their wealthier counterparts; now, therefore, (5) The people of the state of Washington find and declare Notwithstanding any other law to the contrary: that no local governmental entity may impose any new tax, (1) This chapter applies to any tax, fee, or other assess- fee, or other assessment that targets grocery items. ment on groceries first imposed, increased, or collected by a local governmental entity on or after January 15, 2018. NEW SECTION. Sec. 3. DEFINITIONS. (2) The provisions of this chapter are to be construed lib- For purposes of this chapter: (1) “Alcoholic beverages” erally so as to effectuate their intent, policy, and purposes. has the same meaning as provided in RCW 82.08.0293. NEW SECTION. Sec. 6. SEVERABILITY. (2) “Groceries” means any raw or processed food or bev- erage, or any ingredient thereof, intended for human con- (1) If any provision of this act or its application to any sumption except alcoholic beverages, marijuana products, person or circumstance is held invalid, the remainder of the and tobacco. “Groceries” includes, but is not limited to, act or the application of the provision to other persons or meat, poultry, fish, fruits, vegetables, grains, bread, milk, circumstances is not affected. cheese and other dairy products, nonalcoholic beverages, (2) The people of the state of Washington hereby de- kombucha with less than 0.5% alcohol by volume, con- clare that they would have adopted this chapter, and each diments, spices, cereals, seasonings, leavening agents, and every portion, section, subsection, clause, sentence, eggs, cocoa, teas, and coffees whether raw or processed. phrase, word, and application not declared invalid or un- (3) “Local governmental entity” has the same meaning as constitutional without regard to whether any portion of this provided in RCW 4.96.010. chapter, or application thereof, would be subsequently de- (4) “Marijuana products” has the same meaning as pro- clared invalid. vided in RCW 69.50.101. NEW SECTION. Sec. 7. Sections 1 through 5 of this act (5) “Tax, fee, or other assessment on groceries” includes, constitute a new chapter in Title 82 RCW. but is not limited to, a sales tax, gross receipts tax, busi- --- END --- ness and occupation tax, business license tax, excise tax, privilege tax, or any other similar levy, charge, or exaction of any kind on groceries or the manufacture, distribution, sale, possession, ownership, transfer, transportation, con- tainer, use, or consumption thereof. (6) “Tobacco” has the same meaning as provided in RCW 82.08.0293. NEW SECTION. Sec. 4. KEEPING GROCERIES TAX FREE—PROTECTING TRADITIONAL LOCAL REVENUE STREAMS—CONTINUED AUTHORITY. Notwithstanding any other law to the contrary: (1) Except as provided in subsections (2) through (4) of 66 Initiative Measure No. 1639

shows that over eighty-five percent of school shooters ob- Complete Text tained the firearm at their home or from a friend or relative. Initiative Measure No. 1639 Another study found that more than seventy-five percent of AN ACT Relating to increasing public safety by imple- firearms used in youth suicide attempts and unintentional menting firearm safety measures, including requiring injuries were stored in the residence of the victim, a relative, enhanced background checks, waiting periods, and in- or a friend. Secure gun storage requirements for all firearms creased age requirements for semiautomatic assault ri- will increase public safety by helping ensure that children fles and secure gun storage for all firearms; amending and other prohibited persons do not inappropriately gain RCW 9.41.090, 9.41.092, 9.41.094, 9.41.097, 9.41.0975, access to firearms, and notice requirements will make the 9.41.110, 9.41.113, 9.41.124, 9.41.240, 9.41.129, and potential dangers of firearms clear to purchasers. 9.41.010; adding new sections to chapter 9.41 RCW; cre- Therefore, to increase public safety for all Washingtonians, ating new sections; prescribing penalties; and providing in particular our children, this measure would, among oth- effective dates. er things: Create an enhanced background check system applicable to semiautomatic assault rifles similar to what is BE IT ENACTED BY THE PEOPLE OF THE STATE OF required for handguns, require that individuals complete a WASHINGTON: firearm safety training course and be at least twenty-one NEW SECTION. Sec. 1. INTENT. Gun violence is far too years of age to purchase or possess such weapons, enact common in Washington and the United States. In particu- a waiting period for the purchase of such weapons, and es- lar, shootings involving the use of semiautomatic assault tablish standards for the responsible storage of all firearms. rifles have resulted in hundreds of lives lost, devastating in- NEW SECTION. Sec. 2. SHORT TITLE. This act may be juries, and lasting psychological impacts on survivors, their known and cited as the public safety and semiautomatic families, and communities. Semiautomatic assault rifles assault rifle act. are specifically designed to kill quickly and efficiently and have been used in some of the country’s deadliest mass Sec. 3. ENHANCED BACKGROUND CHECKS. RCW shootings, including in Newtown, Connecticut; Las Vegas, 9.41.090 and 2018 c 201 s 6003 are each amended to read Nevada; and Parkland and Orlando, Florida, among others. as follows: Semiautomatic assault rifles have also been used in deadly (1) In addition to the other requirements of this chapter, shootings in Washington, including in Mukilteo and Taco- no dealer may deliver a pistol to the purchaser thereof until: ma. (a) The purchaser produces a valid concealed pistol li- The impacts of gun violence by assault weapons fall heav- cense and the dealer has recorded the purchaser’s name, ily on children and teenagers. According to one analysis, license number, and issuing agency, such record to be more than two hundred eight thousand students attending made in triplicate and processed as provided in subsection at least two hundred twelve schools have experienced a (((5))) (6) of this section. For purposes of this subsection (1) shooting on campus since the Columbine mass shooting (a), a “valid concealed pistol license” does not include a in 1999. Active shooter drills are normal for a generation temporary emergency license, and does not include any of American schoolchildren, instilling at a young age the license issued before July 1, 1996, unless the issuing agen- sad and unnecessary realization that a mass shooting can cy conducted a records search for disqualifying crimes un- happen in any community, in any school, at any time. der RCW 9.41.070 at the time of issuance; Enough is enough. The people find and declare that it is (b) The dealer is notified in writing by(i) the chief of po- crucial and urgent to pass laws to increase public safety lice or the sheriff of the jurisdiction in which the purchaser and reduce gun violence. resides that the purchaser is eligible to possess a pistol Implementing an enhanced background check system under RCW 9.41.040 and that the application to purchase for semiautomatic assault rifles that is as strong as the one is approved by the chief of police or sheriff; or (ii) the state required to purchase a handgun and requiring safety train- that the purchaser is eligible to possess a firearm under ing and a waiting period will help ensure that we keep these RCW 9.41.040, as provided in subsection (3)(b) of this sec- weapons out of dangerous hands. Further, federal law pro- tion; or hibits the sale of pistols to individuals under the age of (c) The requirements or time periods in RCW 9.41.092 twenty-one and at least a dozen states further restrict the have been satisfied. ownership or possession of firearms by individuals under (2) In addition to the other requirements of this chapter, the age of twenty-one. This makes sense, as studies show no dealer may deliver a semiautomatic assault rifle to the that eighteen to twenty year olds commit a disproportion- purchaser thereof until: ate number of firearm homicides in the United States and (a) The purchaser provides proof that he or she has com- research indicates that the brain does not fully mature until pleted a recognized firearm safety training program within a later age. Raising the minimum age to purchase semi- the last five years that, at a minimum, includes instruction automatic assault rifles to twenty-one is a commonsense on: step the people wish to take to increase public safety. (i) Basic firearms safety rules; Finally, firearms taken from the home by children or other (ii) Firearms and children, including secure gun storage persons prohibited from possessing firearms have been at and talking to children about gun safety; the heart of several tragic gun violence incidents. One study (iii) Firearms and suicide prevention; Initiative Measure No. 1639 67

(iv) Secure gun storage to prevent unauthorized access the existence of outstanding warrants within seventy-two and use; hours after notification of the application to purchase a (v) Safe handling of firearms; and pistol or semiautomatic assault rifle is received. The local (vi) State and federal firearms laws, including prohibited jurisdiction shall also immediately confirm the satisfaction firearms transfers. of the warrant on request of the dealer so that the hold may The training must be sponsored by a federal, state, coun- be released if the warrant was for an offense other than an ty, or municipal law enforcement agency, a college or uni- offense making a person ineligible under RCW 9.41.040 to versity, a nationally recognized organization that customar- possess a ((pistol)) firearm. ily offers firearms training, or a firearms training school with (((4))) (5) In any case where the chief or sheriff of the local instructors certified by a nationally recognized organization jurisdiction, or the state pursuant to subsection (3)(b) of this that customarily offers firearms training. The proof of train- section, has reasonable grounds based on the following cir- ing shall be in the form of a certification that states under cumstances: (a) Open criminal charges, (b) pending crimi- the penalty of perjury the training included the minimum nal proceedings, (c) pending commitment proceedings, (d) requirements; and an outstanding warrant for an offense making a person in- (b) The dealer is notified in writing by (i) the chief of po- eligible under RCW 9.41.040 to possess a ((pistol)) firearm, lice or the sheriff of the jurisdiction in which the purchaser or (e) an arrest for an offense making a person ineligible resides that the purchaser is eligible to possess a firearm under RCW 9.41.040 to possess a ((pistol)) firearm, if the under RCW 9.41.040 and that the application to purchase records of disposition have not yet been reported or en- is approved by the chief of police or sheriff; or (ii) the state tered sufficiently to determine eligibility to purchase a ((pis- that the purchaser is eligible to possess a firearm under tol)) firearm, the local jurisdiction or the state may hold the RCW 9.41.040, as provided in subsection (3)(b) of this sec- sale and delivery of the pistol or semiautomatic assault rifle tion; or up to thirty days in order to confirm existing records in this (c) The requirements or time periods in RCW 9.41.092 state or elsewhere. After thirty days, the hold will be lifted have been satisfied. unless an extension of the thirty days is approved by a local (3)(a) Except as provided in (b) of this subsection, in de- district court, superior court, or municipal court for good termining whether the purchaser meets the requirements cause shown. A dealer shall be notified of each hold placed of RCW 9.41.040, the chief of police or sheriff, or the des- on the sale by local law enforcement or the state and of ignee of either, shall check with the national crime infor- any application to the court for additional hold period to mation center, including the national instant criminal back- confirm records or confirm the identity of the applicant. ground check system, provided for by the Brady Handgun (((5))) (6)(a) At the time of applying for the purchase of Violence Prevention Act (18 U.S.C. Sec. 921 et seq.), the a pistol or semiautomatic assault rifle, the purchaser shall Washington state patrol electronic database, the health sign in triplicate and deliver to the dealer an application care authority electronic database, and with other agen- containing: cies or resources as appropriate, to determine whether the (i) His or her full name, residential address, date and place applicant is ineligible under RCW 9.41.040 to possess a of birth, race, and gender; firearm. (ii) The date and hour of the application; (b) The state, through the legislature or initiative process, (iii) The applicant’s driver’s license number or state iden- may enact a statewide firearms background check system tification card number; equivalent to, or more comprehensive than, the check re- (iv) A description of the pistol or semiautomatic assault quired by (a) of this subsection to determine that a pur- rifle including the make, model, caliber and manufacturer’s chaser is eligible to possess a firearm under RCW 9.41.040. number if available at the time of applying for the purchase Once ((the)) a state system is established, a dealer shall use of a pistol or semiautomatic assault rifle. If the manufac- the state system and national instant criminal background turer’s number is not available at the time of applying for check system, provided for by the Brady Handgun Vio- the purchase of a pistol or semiautomatic assault rifle, the lence Prevention Act (18 U.S.C. Sec. 921 et seq.), to make application may be processed, but delivery of the pistol or criminal background checks of applicants to purchase fire- semiautomatic assault rifle to the purchaser may not occur arms. ((However, a chief of police or sheriff, or a designee unless the manufacturer’s number is recorded on the appli- of either, shall continue to check the health care authority’s cation by the dealer and transmitted to the chief of police electronic database and with other agencies or resources of the municipality or the sheriff of the county in which the as appropriate, to determine whether applicants are ineligi- purchaser resides, or the state pursuant to subsection (3) ble under RCW 9.41.040 to possess a firearm.)) (b) of this section; ((and)) (((3))) (4) In any case under this section where the appli- (v) A statement that the purchaser is eligible to purchase cant has an outstanding warrant for his or her arrest from and possess a ((pistol)) firearm under ((RCW 9.41.040)) any court of competent jurisdiction for a felony or mis- state and federal law; and demeanor, the dealer shall hold the delivery of the pistol (vi) If purchasing a semiautomatic assault rifle, a state- or semiautomatic assault rifle until the warrant for arrest ment by the applicant under penalty of perjury that the ap- is served and satisfied by appropriate court appearance. plicant has completed a recognized firearm safety training The local jurisdiction for purposes of the sale, or the state program within the last five years, as required by subsec- pursuant to subsection (3)(b) of this section, shall confirm tion (2) of this section. 68 Initiative Measure No. 1639

(b) The application shall contain ((a)) two warnings sub- 9.41.097(1); and stantially stated as follows: (iii) Local law enforcement agencies for state-mandated (i) CAUTION: Although state and local laws do not differ, local costs resulting from the requirements set forth under federal law and state law on the possession of firearms dif- RCW 9.41.090 and this section. fer. If you are prohibited by federal law from possessing a (8) A person who knowingly makes a false statement re- firearm, you may be prosecuted in federal court. State per- garding identity or eligibility requirements on the applica- mission to purchase a firearm is not a defense to a federal tion to purchase a ((pistol)) firearm is guilty of false swearing prosecution; and under RCW 9A.72.040. (ii) CAUTION: The presence of a firearm in the home has (((7))) (9) This section does not apply to sales to licensed been associated with an increased risk of death to self and dealers for resale or to the sale of antique firearms. others, including an increased risk of suicide, death during Sec. 4. WAITING PERIOD. RCW 9.41.092 and 2018 c domestic violence incidents, and unintentional deaths to 145 s 4 are each amended to read as follows: children and others. (1) Except as otherwise provided in this chapter and ex- The purchaser shall be given a copy of the department cept for semiautomatic assault rifles under subsection (2) of fish and wildlife pamphlet on the legal limits of the use of this section, a licensed dealer may not deliver any fire- of firearms((,)) and firearms safety((, and the fact that local arm to a purchaser or transferee until the earlier of: laws and ordinances on firearms are preempted by state (((1))) (a) The results of all required background checks are law and must be consistent with state law)). known and the purchaser or transferee (((a))) (i) is not pro- (c) The dealer shall, by the end of the business day, sign hibited from owning or possessing a firearm under federal and attach his or her address and deliver a copy of the ap- or state law and (((b))) (ii) does not have a voluntary waiver plication and such other documentation as required under of firearm rights currently in effect; or subsections (1) and (2) of this section to the chief of police (((2))) (b) Ten business days have elapsed from the date of the municipality or the sheriff of the county of which the the licensed dealer requested the background check. How- purchaser is a resident, or the state pursuant to subsection ever, for sales and transfers of pistols if the purchaser or (3)(b) of this section. The triplicate shall be retained by the transferee does not have a valid permanent Washington dealer for six years. The dealer shall deliver the pistol or driver’s license or state identification card or has not been semiautomatic assault rifle to the purchaser following the a resident of the state for the previous consecutive ninety period of time specified in this chapter unless the dealer is days, then the time period in this subsection shall be ex- notified of an investigative hold under subsection (((4))) (5) tended from ten business days to sixty days. of this section in writing by the chief of police of the munic- (2) Except as otherwise provided in this chapter, a li- ipality ((or)), the sheriff of the county, or the state, whichever censed dealer may not deliver a semiautomatic assault rifle is applicable, ((denying)) or of the denial of the purchaser’s to a purchaser or transferee until ten business days have application to purchase and the grounds thereof. The ap- elapsed from the date of the purchase application or, in the plication shall not be denied unless the purchaser is not case of a transfer, ten business days have elapsed from the eligible to purchase or possess ((a pistol)) the firearm under date a background check is initiated. ((RCW 9.41.040)) state or ((9.41.045, or)) federal law. (d) The chief of police of the municipality or the sheriff of NEW SECTION. Sec. 5. SECURE GUN STORAGE. A new the county, or the state pursuant to subsection (3)(b) of this section is added to chapter 9.41 RCW to read as follows: section, shall retain or destroy applications to purchase a (1) A person who stores or leaves a firearm in a location pistol or semiautomatic assault rifle in accordance with the where the person knows, or reasonably should know, that requirements of 18 U.S.C. Sec. 922. a prohibited person may gain access to the firearm: (((6))) (7)(a) To help offset the administrative costs of im- (a) Is guilty of community endangerment due to unsafe plementing this section as it relates to new requirements storage of a firearm in the first degree if a prohibited person for semiautomatic assault rifles, the department of licens- obtains access and possession of the firearm and causes ing may require the dealer to charge each semiautomatic personal injury or death with the firearm; or assault rifle purchaser or transferee a fee not to exceed (b) Is guilty of community endangerment due to unsafe twenty-five dollars, except that the fee may be adjusted storage of a firearm in the second degree if a prohibited at the beginning of each biennium to levels not to exceed person obtains access and possession of the firearm and: the percentage increase in the consumer price index for (i) Causes the firearm to discharge; all urban consumers, CPI-W, or a successor index, for the (ii) Carries, exhibits, or displays the firearm in a public previous biennium as calculated by the United States de- place in a manner that either manifests an intent to intimi- partment of labor. date another or that warrants alarm for the safety of other (b) The fee under (a) of this subsection shall be no more persons; or than is necessary to fund the following: (iii) Uses the firearm in the commission of a crime. (i) The state for the cost of meeting its obligations under (2)(a) Community endangerment due to unsafe storage of this section; a firearm in the first degree is a class C felony punishable (ii) The health care authority, mental health institutions, according to chapter 9A.20 RCW. and other health care facilities for state-mandated costs (b) Community endangerment due to unsafe storage of a resulting from the reporting requirements imposed by RCW firearm in the second degree is a gross misdemeanor pun- ishable according to chapter 9A.20 RCW. Initiative Measure No. 1639 69

(3) Subsection (1) of this section does not apply if: (4) Every person who violates this section is guilty of a (a) The firearm was in secure gun storage, or secured with class 1 civil infraction under chapter 7.80 RCW and may a trigger lock or similar device that is designed to prevent be fined up to two hundred fifty dollars. However, no such the unauthorized use or discharge of the firearm; fines may be levied until thirty days have expired from the (b) In the case of a person who is a prohibited person on time warning signs required under subsection (2) of this the basis of the person’s age, access to the firearm is with section are distributed by the department of licensing. the lawful permission of the prohibited person’s parent or Sec. 7. RCW 9.41.094 and 2018 c 201 s 6004 are each guardian and supervised by an adult, or is in accordance amended to read as follows: with RCW 9.41.042; A signed application to purchase a pistol or semiauto- (c) The prohibited person obtains, or obtains and dis- matic assault rifle shall constitute a waiver of confidentiality charges, the firearm in a lawful act of self-defense; or and written request that the health care authority, mental (d) The prohibited person’s access to the firearm was ob- health institutions, and other health care facilities release, tained as a result of an unlawful entry, provided that the to an inquiring court or law enforcement agency, informa- unauthorized access or theft of the firearm is reported to tion relevant to the applicant’s eligibility to purchase a pis- a local law enforcement agency in the jurisdiction in which tol or semiautomatic assault rifle to an inquiring court or the unauthorized access or theft occurred within five days law enforcement agency. of the time the victim of the unlawful entry knew or reason- ably should have known that the firearm had been taken. Sec. 8. RCW 9.41.097 and 2018 c 201 s 6005 are each (4) If a death or serious injury occurs as a result of an al- amended to read as follows: leged violation of subsection (1)(a) of this section, the pros- (1) The health care authority, mental health institutions, ecuting attorney may decline to prosecute, even though and other health care facilities shall, upon request of a technically sufficient evidence to prosecute exists, in situa- court, ((or)) law enforcement agency, or the state, supply tions where prosecution would serve no public purpose or such relevant information as is necessary to determine the would defeat the purpose of the law in question. eligibility of a person to possess a ((pistol)) firearm or to be (5) For the purposes of this section, “prohibited person” issued a concealed pistol license under RCW 9.41.070 or means a person who is prohibited from possessing a fire- to purchase a pistol or semiautomatic assault rifle under arm under state or federal law. RCW 9.41.090. (6) Nothing in this section mandates how or where a fire- (2) Mental health information received by: (a) The depart- arm must be stored. ment of licensing pursuant to RCW 9.41.047 or 9.41.173; (b) an issuing authority pursuant to RCW 9.41.047 or 9.41.070; NEW SECTION. Sec. 6. AVAILABILITY OF SECURE GUN (c) a chief of police or sheriff pursuant to RCW 9.41.090 or STORAGE. A new section is added to chapter 9.41 RCW to 9.41.173; (d) a court or law enforcement agency pursuant read as follows: to subsection (1) of this section; or (e) the state pursuant to (1) When selling or transferring any firearm, every dealer RCW 9.41.090, shall not be disclosed except as provided shall offer to sell or give the purchaser or transferee a se- in RCW 42.56.240(4). cure gun storage device, or a trigger lock or similar device that is designed to prevent the unauthorized use or dis- Sec. 9. RCW 9.41.0975 and 2009 c 216 s 7 are each charge of the firearm. amended to read as follows: (2) Every store, shop, or sales outlet where firearms are (1) The state, local governmental entities, any public or sold, that is registered as a dealer in firearms with the de- private agency, and the employees of any state or local partment of licensing, shall conspicuously post, in a prom- governmental entity or public or private agency, acting in inent location so that all patrons may take notice, the fol- good faith, are immune from liability: lowing warning sign, to be provided by the department of (a) For failure to prevent the sale or transfer of a firearm licensing, in block letters at least one inch in height: to a person whose receipt or possession of the firearm is WARNING: YOU MAY FACE CRIMINAL PROSECUTION unlawful; IF YOU STORE OR LEAVE AN UNSECURED FIREARM (b) For preventing the sale or transfer of a firearm to a WHERE A PERSON WHO IS PROHIBITED FROM POS- person who may lawfully receive or possess a firearm; SESSING FIREARMS CAN AND DOES OBTAIN POSSES- (c) For issuing a concealed pistol license or alien firearm SION. license to a person ineligible for such a license; (3) Every store, shop, or sales outlet where firearms are (d) For failing to issue a concealed pistol license or alien sold that is registered as a dealer in firearms with the de- firearm license to a person eligible for such a license; partment of licensing, upon the sale or transfer of a firearm, (e) For revoking or failing to revoke an issued concealed shall deliver a written warning to the purchaser or transfer- pistol license or alien firearm license; ee that states, in block letters not less than one-fourth inch (f) For errors in preparing or transmitting information as in height: part of determining a person’s eligibility to receive or pos- WARNING: YOU MAY FACE CRIMINAL PROSECUTION sess a firearm, or eligibility for a concealed pistol license or IF YOU STORE OR LEAVE AN UNSECURED FIREARM alien firearm license; WHERE A PERSON WHO IS PROHIBITED FROM POS- (g) For issuing a dealer’s license to a person ineligible for SESSING FIREARMS CAN AND DOES OBTAIN POSSES- such a license; or SION. (h) For failing to issue a dealer’s license to a person eligi- ble for such a license. 70 Initiative Measure No. 1639

(2) An application may be made to a court of competent gerprinting and a background check. In addition, no person jurisdiction for a writ of mandamus: ineligible to possess a firearm under RCW 9.41.040 or in- (a) Directing an issuing agency to issue a concealed pis- eligible for a concealed pistol license under RCW 9.41.070 tol license or alien firearm license wrongfully refused; shall qualify for a dealer’s license. (b) Directing a law enforcement agency to approve an ap- (b) A dealer shall require every employee who may sell a plication to purchase a pistol or semiautomatic assault rifle firearm in the course of his or her employment to undergo wrongfully denied; fingerprinting and a background check. An employee must (c) Directing that erroneous information resulting either be eligible to possess a firearm, and must not have been in the wrongful refusal to issue a concealed pistol license convicted of a crime that would make the person ineligible or alien firearm license or in the wrongful denial of a pur- for a concealed pistol license, before being permitted to chase application for a pistol or semiautomatic assault rifle sell a firearm. Every employee shall comply with require- be corrected; or ments concerning purchase applications and restrictions (d) Directing a law enforcement agency to approve a on delivery of pistols or semiautomatic assault rifles that dealer’s license wrongfully denied. are applicable to dealers. The application for the writ may be made in the county in (6)(a) Except as otherwise provided in (b) of this subsec- which the application for a concealed pistol license or alien tion, the business shall be carried on only in the building firearm license or to purchase a pistol or semiautomatic as- designated in the license. For the purpose of this section, sault rifle was made, or in Thurston county, at the discretion advertising firearms for sale shall not be considered the of the petitioner. A court shall provide an expedited hearing carrying on of business. for an application brought under this subsection (2) for a (b) A dealer may conduct business temporarily at a lo- writ of mandamus. A person granted a writ of mandamus cation other than the building designated in the license, if under this subsection (2) shall be awarded reasonable at- the temporary location is within Washington state and is torneys’ fees and costs. the location of a gun show sponsored by a national, state, Sec. 10. RCW 9.41.110 and 2009 c 479 s 10 are each or local organization, or an affiliate of any such organiza- amended to read as follows: tion, devoted to the collection, competitive use, or other (1) No dealer may sell or otherwise transfer, or expose sporting use of firearms in the community. Nothing in this for sale or transfer, or have in his or her possession with subsection (6)(b) authorizes a dealer to conduct business in intent to sell, or otherwise transfer, any pistol without being or from a motorized or towed vehicle. licensed as provided in this section. In conducting business temporarily at a location other (2) No dealer may sell or otherwise transfer, or expose for than the building designated in the license, the dealer shall sale or transfer, or have in his or her possession with intent comply with all other requirements imposed on dealers by to sell, or otherwise transfer, any firearm other than a pistol RCW 9.41.090, 9.41.100, and ((9.41.110)) this section. The without being licensed as provided in this section. license of a dealer who fails to comply with the require- (3) No dealer may sell or otherwise transfer, or expose for ments of RCW 9.41.080 and 9.41.090 and subsection (8) sale or transfer, or have in his or her possession with intent of this section while conducting business at a temporary to sell, or otherwise transfer, any ammunition without being location shall be revoked, and the dealer shall be perma- licensed as provided in this section. nently ineligible for a dealer’s license. (4) The duly constituted licensing authorities of any city, (7) The license or a copy thereof, certified by the issuing town, or political subdivision of this state shall grant licens- authority, shall be displayed on the premises in the area es in forms prescribed by the director of licensing effective where firearms are sold, or at the temporary location, where for not more than one year from the date of issue permitting it can easily be read. the licensee to sell firearms within this state subject to the (8)(a) No pistol or semiautomatic assault rifle may be sold: following conditions, for breach of any of which the license (i) In violation of any provisions of RCW 9.41.010 through shall be forfeited and the licensee subject to punishment 9.41.810; nor (ii) may a pistol or semiautomatic assault rifle as provided in RCW 9.41.010 through 9.41.810. A licensing be sold under any circumstances unless the purchaser is authority shall forward a copy of each license granted to personally known to the dealer or shall present clear evi- the department of licensing. The department of licensing dence of his or her identity. shall notify the department of revenue of the name and ad- (b) A dealer who sells or delivers any firearm in violation dress of each dealer licensed under this section. of RCW 9.41.080 is guilty of a class C felony. In addition to (5)(a) A licensing authority shall, within thirty days after any other penalty provided for by law, the dealer is subject the filing of an application of any person for a dealer’s li- to mandatory permanent revocation of his or her dealer’s cense, determine whether to grant the license. However, if license and permanent ineligibility for a dealer’s license. the applicant does not have a valid permanent Washington (c) The license fee for pistols shall be one hundred twen- driver’s license or Washington state identification card, or ty-five dollars. The license fee for firearms other than pistols has not been a resident of the state for the previous con- shall be one hundred twenty-five dollars. The license fee for secutive ninety days, the licensing authority shall have up ammunition shall be one hundred twenty-five dollars. Any to sixty days to determine whether to issue a license. No dealer who obtains any license under subsection (1), (2), or person shall qualify for a license under this section without (3) of this section may also obtain the remaining licenses first receiving a federal firearms license and undergoing fin- without payment of any fee. The fees received under this Initiative Measure No. 1639 71 section shall be deposited in the state general fund. chaser or transferee and the seller or transferor shall return (9)(a) A true record in triplicate shall be made of every to the business premises of the licensed dealer and the pistol or semiautomatic assault rifle sold, in a book kept for seller or transferor shall again deliver the firearm to the li- the purpose, the form of which may be prescribed by the censed dealer prior to completing the sale or transfer. director of licensing and shall be personally signed by the (b) Except as provided in (a) of this subsection, the li- purchaser and by the person effecting the sale, each in the censed dealer shall comply with all requirements of federal presence of the other, and shall contain the date of sale, and state law that would apply if the licensed dealer were the caliber, make, model and manufacturer’s number of the selling or transferring the firearm from its inventory to the weapon, the name, address, occupation, and place of birth purchaser or transferee, including but not limited to con- of the purchaser, and a statement signed by the purchaser ducting a background check on the prospective purchas- that he or she is not ineligible under ((RCW 9.41.040)) state er or transferee in accordance with federal and state law or federal law to possess a firearm. requirements ((and)), fulfilling all federal and state record- (b) One copy shall within six hours be sent by certified keeping requirements, and complying with the specific re- mail to the chief of police of the municipality or the sheriff quirements and restrictions on semiautomatic assault rifles of the county of which the purchaser is a resident, or the in this act. state pursuant to RCW 9.41.090; the duplicate the dealer (c) The purchaser or transferee must complete, sign, and shall within seven days send to the director of licensing; the submit all federal, state, and local forms necessary to pro- triplicate the dealer shall retain for six years. cess the required background check to the licensed dealer (10) Subsections (2) through (9) of this section shall not conducting the background check. apply to sales at wholesale. (d) If the results of the background check indicate that the (11) The dealer’s licenses authorized to be issued by purchaser or transferee is ineligible to possess a firearm, this section are general licenses covering all sales by the then the licensed dealer shall return the firearm to the seller licensee within the effective period of the licenses. The de- or transferor. partment shall provide a single application form for dealer’s (e) The licensed dealer may charge a fee that reflects the licenses and a single license form which shall indicate the fair market value of the administrative costs and efforts type or types of licenses granted. incurred by the licensed dealer for facilitating the sale or (12) Except as provided in RCW 9.41.090, every city, transfer of the firearm. town, and political subdivision of this state is prohibited (4) This section does not apply to: from requiring the purchaser to secure a permit to purchase (a) A transfer between immediate family members, which or from requiring the dealer to secure an individual permit for this subsection shall be limited to spouses, domestic for each sale. partners, parents, parents-in-law, children, siblings, sib- Sec. 11. RCW 9.41.113 and 2017 c 264 s 2 are each lings-in-law, grandparents, grandchildren, nieces, neph- amended to read as follows: ews, first cousins, aunts, and uncles, that is a bona fide gift (1) All firearm sales or transfers, in whole or part in this or loan; state including without limitation a sale or transfer where (b) The sale or transfer of an antique firearm; either the purchaser or seller or transferee or transferor is in (c) A temporary transfer of possession of a firearm if such Washington, shall be subject to background checks unless transfer is necessary to prevent imminent death or great specifically exempted by state or federal law. The back- bodily harm to the person to whom the firearm is trans- ground check requirement applies to all sales or transfers ferred if: including, but not limited to, sales and transfers through a (i) The temporary transfer only lasts as long as immedi- licensed dealer, at gun shows, online, and between unli- ately necessary to prevent such imminent death or great censed persons. bodily harm; and (2) No person shall sell or transfer a firearm unless: (ii) The person to whom the firearm is transferred is not (a) The person is a licensed dealer; prohibited from possessing firearms under state or federal (b) The purchaser or transferee is a licensed dealer; or law; (c) The requirements of subsection (3) of this section are met. (d) A temporary transfer of possession of a firearm if: (i) (3) Where neither party to a prospective firearms transac- The transfer is intended to prevent suicide or self-inflicted tion is a licensed dealer, the parties to the transaction shall great bodily harm; (ii) the transfer lasts only as long as rea- complete the sale or transfer through a licensed dealer as sonably necessary to prevent death or great bodily harm; follows: and (iii) the firearm is not utilized by the transferee for any (a) The seller or transferor shall deliver the firearm to a purpose for the duration of the temporary transfer; licensed dealer to process the sale or transfer as if it is sell- (e) Any law enforcement or corrections agency and, to ing or transferring the firearm from its inventory to the pur- the extent the person is acting within the course and scope chaser or transferee, except that the unlicensed seller or of his or her employment or official duties, any law enforce- transferor may remove the firearm from the business prem- ment or corrections officer, United States marshal, member ises of the licensed dealer while the background check is of the armed forces of the United States or the national being conducted. If the seller or transferor removes the guard, or federal official; firearm from the business premises of the licensed dealer (f) A federally licensed gunsmith who receives a firearm while the background check is being conducted, the pur- solely for the purposes of service or repair, or the return of 72 Initiative Measure No. 1639 the firearm to its owner by the federally licensed gunsmith; (2) Unless an exception under RCW 9.41.042, 9.41.050, (g) The temporary transfer of a firearm (i) between spous- or 9.41.060 applies, a person at least eighteen years of es or domestic partners; (ii) if the temporary transfer oc- age, but less than twenty-one years of age, may possess a curs, and the firearm is kept at all times, at an established pistol only: shooting range authorized by the governing body of the (((1))) (a) In the person’s place of abode; jurisdiction in which such range is located; (iii) if the tempo- (((2))) (b) At the person’s fixed place of business; or rary transfer occurs and the transferee’s possession of the (((3))) (c) On real property under his or her control. firearm is exclusively at a lawful organized competition in- (3) Except in the places and situations identified in RCW volving the use of a firearm, or while participating in or prac- 9.41.042 (1) through (9) and 9.41.060 (1) through (10), a ticing for a performance by an organized group that uses person at least eighteen years of age, but less than twen- firearms as a part of the performance; (iv) to a person who ty-one years of age, may possess a semiautomatic assault is under eighteen years of age for lawful hunting, sporting, rifle only: or educational purposes while under the direct supervision (a) In the person’s place of abode; and control of a responsible adult who is not prohibited (b) At the person’s fixed place of business; from possessing firearms; (v) under circumstances in which (c) On real property under his or her control; or the transferee and the firearm remain in the presence of the (d) For the specific purpose of (i) moving to a new place transferor; or (vi) while hunting if the hunting is legal in all of abode; (ii) traveling between the person’s place of abode places where the person to whom the firearm is transferred and real property under his or her control; or (iii) selling or possesses the firearm and the person to whom the firearm transferring the firearm in accordance with the require- is transferred has completed all training and holds all li- ments of this chapter; provided that in all of these situa- censes or permits required for such hunting, provided that tions the semiautomatic assault rifle is unloaded and either any temporary transfer allowed by this subsection is per- in secure gun storage or secured with a trigger lock or sim- mitted only if the person to whom the firearm is transferred ilar device that is designed to prevent the unauthorized use is not prohibited from possessing firearms under state or or discharge of the firearm. federal law; Sec. 14. RCW 9.41.129 and 2005 c 274 s 203 are each (h) A person who (i) acquired a firearm other than a pistol amended to read as follows: by operation of law upon the death of the former owner of The department of licensing ((may)) shall keep copies or the firearm or (ii) acquired a pistol by operation of law upon records of applications for concealed pistol licenses pro- the death of the former owner of the pistol within the pre- vided for in RCW 9.41.070, copies or records of applica- ceding sixty days. At the end of the sixty-day period, the tions for alien firearm licenses, copies or records of appli- person must either have lawfully transferred the pistol or cations to purchase pistols or semiautomatic assault rifles must have contacted the department of licensing to notify provided for in RCW 9.41.090, and copies or records of the department that he or she has possession of the pistol pistol or semiautomatic assault rifle transfers provided for and intends to retain possession of the pistol, in compli- in RCW 9.41.110. The copies and records shall not be dis- ance with all federal and state laws; or closed except as provided in RCW 42.56.240(4). (i) A sale or transfer when the purchaser or transferee is a licensed collector and the firearm being sold or transferred NEW SECTION. Sec. 15. A new section is added to is a curio or relic. chapter 9.41 RCW to read as follows: (1) Within twelve months of the effective date of this sec- Sec. 12. RCW 9.41.124 and 2015 c 1 s 7 are each amend- tion, the department of licensing shall, in conjunction with ed to read as follows: the Washington state patrol and other state and local law Residents of a state other than Washington may pur- enforcement agencies as necessary, develop a cost-effec- chase rifles and shotguns, except those firearms defined tive and efficient process to: as semiautomatic assault rifles, in Washington: PROVIDED, (a) Verify, on an annual or more frequent basis, that per- That such residents conform to the applicable provisions sons who acquired pistols or semiautomatic assault rifles of the federal Gun Control Act of 1968, Title IV, Pub. L. 90- pursuant to this chapter remain eligible to possess a fire- 351 as administered by the United States secretary of the arm under state and federal law; and treasury: AND PROVIDED FURTHER, That such residents (b) If such persons are determined to be ineligible for any are eligible to purchase or possess such weapons in Wash- reason, (i) notify and provide the relevant information to the ington and in the state in which such persons reside: AND chief of police or the sheriff of the jurisdiction in which the PROVIDED FURTHER, That such residents are subject to purchaser resides and (ii) take steps to ensure such per- the procedures and background checks required by this sons are not illegally in possession of firearms. chapter. (2) The department of licensing, where appropriate, may Sec. 13. RCW 9.41.240 and 1994 sp.s. c 7 s 423 are each consult with individuals from the public and private sec- amended to read as follows: tor or ask the individuals to establish a temporary advisory (1) A person under twenty-one years of age may not pur- committee to accomplish the purposes in subsection (1) of chase a pistol or semiautomatic assault rifle, and except this section. Members of such an advisory committee are as otherwise provided in this chapter, no person may sell not entitled to expense reimbursement. or transfer a semiautomatic assault rifle to a person under twenty-one years of age. Initiative Measure No. 1639 73

Sec. 16. RCW 9.41.010 and 2018 c 7 s 1 are each amend- previously been convicted or found not guilty by reason of ed to read as follows: insanity in this state of any felony firearm offense. A per- Unless the context clearly requires otherwise, the defini- son is not a felony firearm offender under this chapter if tions in this section apply throughout this chapter. any and all qualifying offenses have been the subject of an (1) “Antique firearm” means a firearm or replica of a fire- expungement, pardon, annulment, certificate, or rehabili- arm not designed or redesigned for using rim fire or con- tation, or other equivalent procedure based on a finding of ventional center fire ignition with fixed ammunition and the rehabilitation of the person convicted or a pardon, an- manufactured in or before 1898, including any matchlock, nulment, or other equivalent procedure based on a finding flintlock, percussion cap, or similar type of ignition system of innocence. and also any firearm using fixed ammunition manufactured (10) “Felony firearm offense” means: in or before 1898, for which ammunition is no longer manu- (a) Any felony offense that is a violation of this chapter; factured in the United States and is not readily available in (b) A violation of RCW 9A.36.045; the ordinary channels of commercial trade. (c) A violation of RCW 9A.56.300; (2) “Barrel length” means the distance from the bolt face (d) A violation of RCW 9A.56.310; of a closed action down the length of the axis of the bore (e) Any felony offense if the offender was armed with a to the crown of the muzzle, or in the case of a barrel with firearm in the commission of the offense. attachments to the end of any legal device permanently (11) “Firearm” means a weapon or device from which a attached to the end of the muzzle. projectile or projectiles may be fired by an explosive such (3) “Bump-fire stock” means a butt stock designed to be as gunpowder. “Firearm” does not include a flare gun or attached to a semiautomatic firearm with the effect of in- other pyrotechnic visual distress signaling device, or a creasing the rate of fire achievable with the semiautomatic powder-actuated tool or other device designed solely to be firearm to that of a fully automatic firearm by using the en- used for construction purposes. ergy from the recoil of the firearm to generate reciprocating (12) “Gun” has the same meaning as firearm. action that facilitates repeated activation of the trigger. (13) “Law enforcement officer” includes a general author- (4) “Crime of violence” means: ity Washington peace officer as defined in RCW 10.93.020, (a) Any of the following felonies, as now existing or here- or a specially commissioned Washington peace officer as after amended: Any felony defined under any law as a class defined in RCW 10.93.020. “Law enforcement officer” also A felony or an attempt to commit a class A felony, criminal includes a limited authority Washington peace officer as solicitation of or criminal conspiracy to commit a class A defined in RCW 10.93.020 if such officer is duly authorized felony, manslaughter in the first degree, manslaughter in by his or her employer to carry a concealed pistol. the second degree, indecent liberties if committed by forc- (14) “Lawful permanent resident” has the same meaning ible compulsion, kidnapping in the second degree, arson in afforded a person “lawfully admitted for permanent resi- the second degree, assault in the second degree, assault dence” in 8 U.S.C. Sec. 1101(a)(20). of a child in the second degree, extortion in the first de- (15) “Licensed collector” means a person who is federally gree, burglary in the second degree, residential burglary, licensed under 18 U.S.C. Sec. 923(b). and robbery in the second degree; (16) “Licensed dealer” means a person who is federally (b) Any conviction for a felony offense in effect at any time licensed under 18 U.S.C. Sec. 923(a). prior to June 6, 1996, which is comparable to a felony clas- (17) “Loaded” means: sified as a crime of violence in (a) of this subsection; and (a) There is a cartridge in the chamber of the firearm; (c) Any federal or out-of-state conviction for an offense (b) Cartridges are in a clip that is locked in place in the comparable to a felony classified as a crime of violence firearm; under (a) or (b) of this subsection. (c) There is a cartridge in the cylinder of the firearm, if the (5) “Curio or relic” has the same meaning as provided in firearm is a revolver; 27 C.F.R. Sec. 478.11. (d) There is a cartridge in the tube or magazine that is (6) “Dealer” means a person engaged in the business of inserted in the action; or selling firearms at wholesale or retail who has, or is required (e) There is a ball in the barrel and the firearm is capped to have, a federal firearms license under 18 U.S.C. Sec. or primed if the firearm is a muzzle loader. 923(a). A person who does not have, and is not required (18) “Machine gun” means any firearm known as a ma- to have, a federal firearms license under 18 U.S.C. Sec. chine gun, mechanical rifle, submachine gun, or any oth- 923(a), is not a dealer if that person makes only occasion- er mechanism or instrument not requiring that the trigger al sales, exchanges, or purchases of firearms for the en- be pressed for each shot and having a reservoir clip, disc, hancement of a personal collection or for a hobby, or sells drum, belt, or other separable mechanical device for stor- all or part of his or her personal collection of firearms. ing, carrying, or supplying ammunition which can be load- (7) “Family or household member” means “family” or ed into the firearm, mechanism, or instrument, and fired “household member” as used in RCW 10.99.020. therefrom at the rate of five or more shots per second. (8) “Felony” means any felony offense under the laws of (19) “Nonimmigrant alien” means a person defined as this state or any federal or out-of-state offense comparable such in 8 U.S.C. Sec. 1101(a)(15). to a felony offense under the laws of this state. (20) “Person” means any individual, corporation, compa- (9) “Felony firearm offender” means a person who has ny, association, firm, partnership, club, organization, soci- 74 Initiative Measure No. 1639 ety, joint stock company, or other legal entity. 1996, that is comparable to a serious offense, or any fed- (21) “Pistol” means any firearm with a barrel less than eral or out-of-state conviction for an offense that under the sixteen inches in length, or is designed to be held and fired laws of this state would be a felony classified as a serious by the use of a single hand. offense; or (22) “Rifle” meansa weapon designed or redesigned, (p) Any felony conviction under RCW 9.41.115. made or remade, and intended to be fired from the shoul- (((25))) (27) “Short-barreled rifle” means a rifle having one der and designed or redesigned, made or remade, and in- or more barrels less than sixteen inches in length and any tended to use the energy of the explosive in a fixed metallic weapon made from a rifle by any means of modification if cartridge to fire only a single projectile through a rifled bore such modified weapon has an overall length of less than for each single pull of the trigger. twenty-six inches. (23) “Sale” and “sell” mean the actual approval of the de- (((26))) (28) “Short-barreled shotgun” means a shot- livery of a firearm in consideration of payment or promise of gun having one or more barrels less than eighteen inches payment. in length and any weapon made from a shotgun by any (24) “Secure gun storage” means: means of modification if such modified weapon has an (a) A locked box, gun safe, or other secure locked stor- overall length of less than twenty-six inches. age space that is designed to prevent unauthorized use or (((27))) (29) “Shotgun” means a weapon with one or more discharge of a firearm; and barrels, designed or redesigned, made or remade, and in- (b) The act of keeping an unloaded firearm stored by such tended to be fired from the shoulder and designed or rede- means. signed, made or remade, and intended to use the energy (25) “Semiautomatic assault rifle” means any rifle which of the explosive in a fixed shotgun shell to fire through a utilizes a portion of the energy of a firing cartridge to extract smooth bore either a number of ball shot or a single projec- the fired cartridge case and chamber the next round, and tile for each single pull of the trigger. which requires a separate pull of the trigger to fire each (((28))) (30) “Transfer” means the intended delivery of a cartridge. firearm to another person without consideration of pay- “Semiautomatic assault rifle” does not include antique ment or promise of payment including, but not limited to, firearms, any firearm that has been made permanently in- gifts and loans. “Transfer” does not include the delivery of a operable, or any firearm that is manually operated by bolt, firearm owned or leased by an entity licensed or qualified to pump, lever, or slide action. do business in the state of Washington to, or return of such (26) “Serious offense” means any of the following felonies a firearm by, any of that entity’s employees or agents, de- or a felony attempt to commit any of the following felonies, fined to include volunteers participating in an honor guard, as now existing or hereafter amended: for lawful purposes in the ordinary course of business. (a) Any crime of violence; (((29))) (31) “Unlicensed person” means any person who (b) Any felony violation of the uniform controlled sub- is not a licensed dealer under this chapter. stances act, chapter 69.50 RCW, that is classified as a NEW SECTION. Sec. 17. This act takes effect July 1, class B felony or that has a maximum term of imprisonment 2019, except for section 13 of this act which takes effect of at least ten years; January 1, 2019. (c) Child molestation in the second degree; (d) Incest when committed against a child under age NEW SECTION. Sec. 18. The director of the department fourteen; of licensing may take the necessary steps to ensure that (e) Indecent liberties; this act is implemented on its effective date. (f) Leading organized crime; NEW SECTION. Sec. 19. If any provision of this act or its (g) Promoting prostitution in the first degree; application to any person or circumstance is held invalid (h) Rape in the third degree; or preempted by federal law, the remainder of the act or (i) Drive-by shooting; the application of the provision to other persons or circum- (j) Sexual exploitation; stances is not affected. (k) Vehicular assault, when caused by the operation or --- END --- driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; (l) Vehicular homicide, when proximately caused by the driv- ing of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner; (m) Any other class B felony offense with a finding of sexual motivation, as “sexual motivation” is defined under RCW 9.94A.030; (n) Any other felony with a deadly weapon verdict under RCW 9.94A.825; (o) Any felony offense in effect at any time prior to June 6, Initiative Measure No. 940 75

section, all law enforcement officers in the state of Wash- Complete Text ington must receive mental health training. Law enforce- Initiative Measure No. 940 ment officers beginning employment after the effective AN ACT Relating to law enforcement; amending RCW date of this section must successfully complete such train- 9A.16.040; adding new sections to chapter 43.101 RCW; ing within the first fifteen months of employment. The com- adding new sections to chapter 36.28A RCW; and creat- mission shall set the date by which other law enforcement ing new sections. officers must successfully complete such training. (2) All law enforcement officers shall periodically receive BE IT ENACTED BY THE PEOPLE OF THE STATE OF continuing mental health training to update their knowledge WASHINGTON: about mental health issues and associated legal require- PART I ments, and to update and practice skills for interacting with TITLE AND INTENT people with mental health issues. NEW SECTION. Sec. 1. This act may be known and cit- (3) The commission shall set training requirements ed as the law enforcement training and community safety through the procedures in section 5 of this act. act. PART IV NEW SECTION. Sec. 2. The intent of the people in en- TRAINING REQUIREMENTS SHALL BE SET IN acting this act is to make our communities safer. This is CONSULTATION WITH LAW ENFORCEMENT AND accomplished by requiring law enforcement officers to COMMUNITY STAKEHOLDERS obtain violence de-escalation and mental health training, NEW SECTION. Sec. 5. A new section is added to chap- so that officers will have greater skills to resolve conflicts ter 43.101 RCW to read as follows: without the use of physical or deadly force. Law enforce- (1) Within six months after the effective date of this sec- ment officers will receive first aid training and be required tion, the commission must consult with law enforcement to render first aid, which will save lives and be a positive agencies and community stakeholders and adopt rules for point of contact between law enforcement officers and carrying out the training requirements of sections 3 and 4 community members to increase trust and reduce con- of this act. Such rules must, at a minimum: flicts. Finally, the initiative adopts a “good faith” standard (a) Adopt training hour requirements and curriculum for for officer criminal liability in those exceptional circum- initial violence de-escalation trainings required by this act; stances where deadly force is used, so that officers using (b) Adopt training hour requirements and curriculum for deadly force in carrying out their duties in good faith will initial mental health trainings required by this act, which not face prosecution. may include all or part of the mental health training curricu- PART II la established under RCW 43.101.227 and 43.101.427; REQUIRING LAW ENFORCEMENT OFFICERS TO (c) Adopt training hour requirements and curricula for RECEIVE VIOLENCE DE-ESCALATION TRAINING continuing trainings required by this act; (d) Establish means by which law enforcement officers NEW SECTION. Sec. 3. A new section is added to will receive trainings required by this act; and chapter 43.101 RCW to read as follows: (e) Require compliance with this act’s training require- (1) Beginning one year after the effective date of this ments as a condition of maintaining certification. section, all law enforcement officers in the state of Wash- (2) In developing curricula, the commission shall consider ington must receive violence de-escalation training. Law inclusion of the following: enforcement officers beginning employment after the ef- (a) De-escalation in patrol tactics and interpersonal com- fective date of this section must successfully complete munication training, including tactical methods that use such training within the first fifteen months of employ- time, distance, cover, and concealment, to avoid escalating ment. The commission shall set the date by which oth- situations that lead to violence; er law enforcement officers must successfully complete (b) Alternatives to jail booking, arrest, or citation in situa- such training. tions where appropriate; (2) All law enforcement officers shall periodically receive (c) Implicit and explicit bias, cultural competency, and the continuing violence de-escalation training to practice historical intersection of race and policing; their skills, update their knowledge and training, and learn (d) Skills including de-escalation techniques to effective- about new legal requirements and violence de-escalation ly, safely, and respectfully interact with people with disabil- strategies. ities and/or behavioral health issues; (3) The commission shall set training requirements (e) “Shoot/don’t shoot” scenario training; through the procedures in section 5 of this act. (f) Alternatives to the use of physical or deadly force so PART III that deadly force is used only when unavoidable and as a REQUIRING LAW ENFORCEMENT OFFICERS TO last resort; RECEIVE MENTAL HEALTH TRAINING (g) Mental health and policing, including bias and stigma; and NEW SECTION. Sec. 4. A new section is added to (h) Using public service, including rendering of first aid, chapter 43.101 RCW to read as follows: to provide a positive point of contact between law enforce- (1) Beginning one year after the effective date of this 76 Initiative Measure No. 940 ment officers and community members to increase trust (iii) To prevent the escape of a person from a county or and reduce conflicts. city jail or holding facility if the person has been arrested (3) The initial violence de-escalation training must edu- for, charged with, or convicted of a felony; or cate officers on the good faith standard for use of deadly (iv) To lawfully suppress a riot if the actor or another par- force established by this act and how that standard ad- ticipant is armed with a deadly weapon. vances violence de-escalation goals. (2) In considering whether to use deadly force under sub- (4) The commission may provide trainings, alone or in section (1)(c) of this section, to arrest or apprehend any partnership with private parties or law enforcement agen- person for the commission of any crime, the peace officer cies, authorize private parties or law enforcement agencies must have probable cause to believe that the suspect, if to provide trainings, or any combination thereof. The entity not apprehended, poses a threat of serious physical harm providing the training may charge a reasonable fee. to the officer or a threat of serious physical harm to oth- PART V ers. Among the circumstances which may be considered ESTABLISHING LAW ENFORCEMENT OFFICERS’ by peace officers as a “threat of serious physical harm” are DUTY TO RENDER FIRST AID the following: (a) The suspect threatens a peace officer with a weapon NEW SECTION. Sec. 6. A new section is added to chap- or displays a weapon in a manner that could reasonably be ter 36.28A RCW to read as follows: construed as threatening; or (1) It is the policy of the state of Washington that all law (b) There is probable cause to believe that the suspect enforcement personnel must render first aid to save lives. has committed any crime involving the infliction or threat- (2) Within one year after the effective date of this section, ened infliction of serious physical harm. the Washington state criminal justice training commission, Under these circumstances deadly force may also in consultation with the Washington state patrol, the Wash- be used if necessary to prevent escape from the officer, ington association of sheriffs and police chiefs, organiza- where, if feasible, some warning is given, provided the offi- tions representing state and local law enforcement officers, cer meets the good faith standard of this section. health providers and/or health policy organizations, tribes, (3) A public officer ((or peace officer)) covered by subsec- and community stakeholders, shall develop guidelines for tion (1)(a) of this section shall not be held criminally liable implementing the duty to render first aid adopted in this for using deadly force without malice and with a good faith section. The guidelines must: (a) Adopt first aid training re- belief that such act is justifiable pursuant to this section. quirements; (b) assist agencies and law enforcement offi- (4) A law enforcement officer shall not be held criminally cers in balancing competing public health and safety du- liable for using deadly force if such officer meets the good ties; and (c) establish that law enforcement officers have a faith standard adopted in this section. paramount duty to preserve the life of persons whom the (5) The following good faith standard is adopted for law officer comes into direct contact with while carrying out enforcement officer use of deadly force: official duties, including providing or facilitating immediate (a) The good faith standard is met only if both the objec- first aid to those in agency care or custody at the earliest tive good faith test in (b) of this subsection and the subjec- opportunity. tive good faith test in (c) of this subsection are met. PART VI (b) The objective good faith test is met if a reasonable ADOPTING A “GOOD FAITH” STANDARD FOR LAW officer, in light of all the facts and circumstances known ENFORCEMENT OFFICER USE OF DEADLY FORCE to the officer at the time, would have believed that the use of deadly force was necessary to prevent death or serious Sec. 7. RCW 9A.16.040 and 1986 c 209 s 2 are each amended to read as follows: physical harm to the officer or another individual. (c) The subjective good faith test is met if the officer in- (1) Homicide or the use of deadly force is justifiable in the tended to use deadly force for a lawful purpose and sin- following cases: (a) When a public officer applies deadly force ((is acting)) cerely and in good faith believed that the use of deadly in obedience to the judgment of a competent court; or force was warranted in the circumstance. (b) When necessarily used by a peace officer meeting the (d) Where the use of deadly force results in death, sub- good faith standard of this section to overcome actual re- stantial bodily harm, or great bodily harm, an independent sistance to the execution of the legal process, mandate, investigation must be completed to inform the determina- or order of a court or officer, or in the discharge of a legal tion of whether the use of deadly force met the objective duty((.)); or good faith test established by this section and satisfied (c) When necessarily used by a peace officer meeting the other applicable laws and policies. good faith standard of this section or person acting under (6) For the purpose of this section, “law enforcement officer” means any law enforcement officer in the state the officer’s command and in the officer’s aid: (i) To arrest or apprehend a person who the officer rea- of Washington, including but not limited to law enforce- sonably believes has committed, has attempted to commit, ment personnel and peace officers as defined by RCW is committing, or is attempting to commit a felony; 43.101.010. This section shall not be construed as: (ii) To prevent the escape of a person from a federal or (7) state correctional facility or in retaking a person who es- (a) Affecting the permissible use of force by a person act- ing under the authority of RCW 9A.16.020 or 9A.16.050; or capes from such a facility; ((or)) Initiative Measure No. 940 77

(b) Preventing a law enforcement agency from adopt- the use of negotiated rule making. The rules must require ing standards pertaining to its use of deadly force that are that procedures under RCW 9A.16.040(5)(d) be carried out more restrictive than this section. completely independent of the agency whose officer was PART VII involved in the use of deadly force; and, when the deadly MISCELLANEOUS force is used on a tribal member, such procedures must include consultation with the member’s tribe and, where NEW SECTION. Sec. 8. The provisions of this act are to appropriate, information sharing with such tribe. Where be liberally construed to effectuate the intent, policies, and this act requires involvement of community stakeholders, purposes of this act. Nothing in this act precludes local ju- input must be sought from organizations advocating for: risdictions or law enforcement agencies from enacting ad- Persons with disabilities; members of the lesbian, gay, bi- ditional training requirements or requiring law enforcement sexual, transgender, and queer community; persons of col- officers to provide first aid in more circumstances than re- or; immigrants; non-citizens; native Americans; youth; and quired by this act or guidelines adopted under this act. formerly incarcerated persons. NEW SECTION. Sec. 9. Except where a different timeline NEW SECTION. Sec. 10. If any provision of this act or its is provided in this act, the Washington state criminal justice application to any person or circumstance is held invalid, training commission must adopt any rules necessary for the remainder of the act or the application of the provision carrying out the requirements of this act within one year to other persons or circumstances is not affected. after the effective date of this section. In carrying out all rule making under this act, the commission shall seek input from NEW SECTION. Sec. 11. For constitutional purposes, the attorney general, law enforcement agencies, tribes, and the subject of this act is “law enforcement.” community stakeholders. The commission shall consider --- END ---

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