Voters' Pamphlet - WEI Root
Voters' Pamphlet - WEI Root
Voters' Pamphlet - WEI Root
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4Voting in Washington StateVoter qualificationsTo register to vote, you must be:• A citizen of the United States;• A legal resident of Washington State;• At least 18 years old by Election Day;• Not under the authority of theDepartment of Corrections; and• Not disqualified due to a court order.Voter registrationYou may register to vote at www.myvote.wa.gov.In Washington State, you do not declare politicalparty affiliation when you register to vote. There areregistration deadlines prior to each election. You mustupdate your registration if you move or change yourname. You do not need to register before each election.Replacement ballotsCall your county elections department to request areplacement ballot.Contact your county elections departmentContact your county elections department forquestions about your voter registration, or assistancewith your ballot. The phone number and address ofyour county elections department is located in theback of this pamphlet.Accessible and alternative language pamphletsContact the Office of the Secretary of State forvoters’ pamphlets in accessible formats or Spanish,Chinese and Vietnamese. The state Voter InformationHotline is (800) 448-4881.Visit a voting centerWashington voters receive their ballots in the mail.Voting centers are open to serve you during regularbusiness hours beginning 18 days before ElectionDay and until 8 p.m. on Election Day.Voter registration materials, ballots, provisionalballots, sample ballots, instructions for how to vote,and a ballot drop box are available.Voting centers must be accessible for voters withdisabilities and offer accessible voting options.To locate a voting center near you, contact yourcounty elections department. The phone numberand address of your county elections department islocated in the back of this pamphlet.Restoring your right to vote after felony convictionIf you were convicted in Washington State SuperiorCourt, your right to vote is restored as long as youare not either in prison or on community custody forthat felony with the Washington State Department ofCorrections.If you were convicted in another state or in federalcourt, your right to vote is restored as long as youare not currently incarcerated for that felony. Youmust register to vote.View election resultsView election results at www.vote.wa.gov after8 p.m. on Election Day.
5Accessible pamphlets availableVisit www.vote.wa.gov/accessibility forAudioPlain textCall (800) 448-4881 to request audio on aCDUSB driveLanguage assistance availablese habla español 中 國 口 語 Việt Nam được nóiThe federal Voting Rights Act requires the Office of theSecretary of State and four counties in Washingtonto provide translated elections materials. CurrentlyAdams, Franklin and Yakima counties provide electionsmaterials in Spanish. King County provides electionsmaterials in Chinese and Vietnamese.For more information visitPara más información visite欲 知 詳 情 , 請 上 網Để biết thêm thông tin ghé}www.vote.wa.gov(800) 448-4881
6The Ballot Measure ProcessThe Washington State Constitution gives voters two methods of legislative power —the initiative and the referendum.While differing in process, both initiatives and referenda leave ultimate legislative authorityin the hands of the people.The InitiativeThe ReferendumAny registered voter may propose an initiative to createa new state law or to amend or repeal an existing law.Any registered voter may demand that a law proposed bythe Legislature be referred to voters prior to taking effect.Initiatives to the People are submitted for a voteof the people at the next state general election, ifcertified to have sufficient signatures.Initiatives to the Legislature are submitted to theLegislature at its regular session in January, if certifiedto have sufficient signatures.A yes vote will make an initiative law.A no vote will prevent an initiative from becoming law.Referendum Bills are proposed laws referred tovoters by the Legislature.Referendum Measures are laws recently passedby the Legislature that voters have demanded, bypetition, be referred to voters prior to taking effect.A vote to approve will confirm the law.A vote to reject will repeal the law.For an initiative to appear on the ballot, the sponsormust circulate the complete text of the proposal amongvoters and obtain a number of voters’ signatures equalto 8 percent of the total number of votes cast for theoffice of Governor at the last regular gubernatorialelection.Initiative measures appearing on the ballot requirea simple majority vote to become law (except forgambling or lottery measures, which require 60 percentapproval).For a referendum to appear on the ballot, the sponsormust circulate among voters the text of the legislativeact, and obtain a number of voters’ signatures equal to4 percent of the total number of votes cast for the officeof Governor at the last regular gubernatorial election.A referendum certified to the ballot must receivea simple majority vote to become law (except forgambling and lottery measures, which require 60percent approval). Emergency legislation is exemptfrom the referendum process.Please note: The information here is not intended as a substitute for the statutes governinginitiative and referendum processes, but rather should be read in conjunction with them.For more information go to www.vote.wa.gov and select “Initiatives & Referenda.”
Initiative Measure 11857Initiative Measure1185Proposed by initiative petition:Initiative Measure No.1185 concerns tax andfee increases imposedby state government.This measure would restate existing statutoryrequirements that legislative actions raisingtaxes must be approved by two-thirds legislativemajorities or receive voter approval, andthat new or increased fees require majoritylegislative approval.Should this measure be enacted into law?[ ] Yes[ ] NoThe Official Ballot Title and Explanatory Statement were writtenby the Office of the Attorney General as required by law. TheFiscal Impact Statement was written by the Office of FinancialManagement as required by law. The Secretary of State is notresponsible for the content of arguments or statements (WAC434-381-180). The complete text of Initiative Measure 1185 islocated at the end of this pamphlet.Explanatory StatementWritten by the Office of the Attorney GeneralThe Law as it Presently ExistsA Washington statute provides that any action orcombination of actions by the legislature that raisestaxes may be taken only if approved by at leasttwo-thirds legislative approval in both the house ofrepresentatives and the senate.Another Washington statute provides that a statefee may only be imposed or increased in any fiscalyear if approved with majority legislative approvalin both the house of representatives and the senate,and must be subject to certain accountabilityprocedures specified in statute. These requirementsdo not apply to assessments made by agriculturalcommodity commissions or to the forest productscommission.The Effect of the Proposed Measure,if ApprovedThis measure would restate the current statutorylanguage regarding tax increases, revising it to statethat any action or combination of actions by thelegislature that raises taxes may be taken only ifapproved by a two-thirds vote in both the house ofrepresentatives and the senate.The measure would restate the current statutorylanguage relating to increases in state fees,revising it to state that a fee may only be imposedor increased in any fiscal year if approved witha simple majority vote in both the house ofrepresentatives and the senate.Fiscal Impact StatementWritten by the Office of Financial ManagementFiscal Impact through Fiscal Year 2017Initiative 1185 is estimated to decrease statetransportation revenues and expenditures fromrequiring new legislative approval to impose tollson state highways and bridges. The total fiscalimpact is indeterminate, but state toll revenueand transportation expenditures are estimated todecrease $22,800,000 to $33,100,000 in fiscal year2017. Requiring new legislative approval to imposefees will also prevent implementation of certainbusinesses and health care certifications, which isestimated to decrease state revenue by $2,713,000and decrease state costs by $3,611,000 over fivefiscal years. There is no fiscal impact on localgovernments.General Assumptions• The initiative applies prospectively with aneffective date of Dec. 6, 2012.• Approval of the initiative will require some stateagencies to obtain new legislative approvalto impose or increase certain fees after theeffective date of the initiative (see Office ofAttorney General Informal Opinions discussingI-1053 – Roach dated 12/20/10 and Benton dated02/17/11).• Fees set by statute (either a specific amount orformula) are assumed to be unaffected by the
8Initiative Measure 1185initiative (see Office of Attorney General InformalOpinions discussing I-1053 – Roach dated12/20/10 and Benton dated 02/17/11).• The initiative does not impact any new orincreased fees adopted by state agencies prior tothe effective date (see Office of Attorney GeneralInformal Opinions discussing I-1053 – Roachdated 12/20/10 and Benton dated 02/17/11).• Because it is unknown what actions will betaken by future legislatures, no fiscal impactis assumed or estimated from the initiative’srequirement that any action or combinationof actions by the Legislature that raises taxesmay be taken only if approved by a two-thirdsvote of each house of the Legislature, and thenonly if state expenditures in a given fiscal year,including new revenue, will not exceed stateexpenditure limits established in law.• The initiative is limited to taxes and feesimposed by state government. Therefore, thereis no fiscal impact on local governments.• Estimates are based on information provided byagencies for fiscal notes created during the 2012legislative session and rounded to the nearest$1,000.• Estimates are described using the state’s fiscalyear (FY) of July 1 through June 30.State Government Revenue and ExpenditureEstimates – AssumptionsThe fiscal impact of I-1185 is attributable to itsrequirement that some agencies will require newlegislative approval in order to impose or increasecertain fees that the Legislature authorized duringthe 2011 and 2012 legislative sessions. During thisperiod, it is estimated that the Legislature approvedthe imposition or increase of 113 fees. Of thatamount, an estimated 11 new or increased fees areassumed to be affected.Transportation Revenue, Expenditure and CostEstimate AssumptionsDuring the 2011 and 2012 legislative session, theLegislature authorized the imposition of tolls thatare assumed to require new legislative approval:• Interstate 405 high-occupancy vehicle lanes inEngrossed House Bill 1382 (2011).• The Alaskan Way Viaduct replacement project inSubstitute Senate Bill 6444 (2012).• The Columbia River Crossing project inEngrossed Substitute Senate Bill 6445 (2012).For the Columbia River Crossing project andInterstate 405 high-occupancy vehicle lanes, it is notknown when tolls would be set during the periodcovered by this fiscal impact statement (FY 2013–17)or the toll amount. Therefore, the state revenueand state expenditure impact from the requirementof new legislative approval to impose tolls isindeterminate.The Legislature enacted legislation requiring theAlaskan Way Viaduct replacement project financingplan to include no more than $400 million in tollrevenue (see RCW 47.01.402). Assuming the initiativerequires new legislative approval to impose tollson the Alaskan Way Viaduct replacement project,state toll revenue is estimated to decrease withina range of $22,800,000 to $33,100,000, and statetoll costs are estimated to decrease within a rangeof $10,100,000 to $11,500,000 over five fiscal yearsassuming tolling does not begin until FY 2017. It isassumed that state expenditures for this projector other transportation projects will be reduced oreliminated by $12,700,000 to $21,600,000 to balanceexpenditures to the total decrease in state tollrevenue.In addition, legislative approval was givenin Substitute Senate Bill 5700 (2011) and thetransportation appropriation act for the WashingtonState Transportation Commission to review andadjust tolls during the 2011–13 biennium for theTacoma Narrows Bridge and the State Route 520corridor. Tolls for the Tacoma Narrows Bridge andthe State Route 520 corridor are set annually andmust be used to pay bonds (debt); pay costs relatedto the operation, maintenance and managementof the facility; and if necessary, repay amounts tothe Motor Vehicle Fund. It is not known if it will benecessary during the 2011–13 biennium to increasetolls for the Tacoma Narrows Bridge and the StateRoute 520 corridor, and therefore impact on staterevenues and expenditures is indeterminate.Business Certifications and EndorsementsAssumptionsDuring the 2012 legislative session, theLegislature authorized the imposition of fees tofund Department of Health costs for activitiesrelated to four new health care certifications andendorsements:• Medication assistant endorsement for certifiednursing assistants in Engrossed SubstituteHouse Bill 2473 (2012).
Initiative Measure 11859• Dental anesthesia assistant certification inEngrossed Second Substitute Senate Bill 5620(2012).• Reflexologist certification in EngrossedSubstitute Senate Bill 6103 (2012).• Medical assistant certification in EngrossedSubstitute Senate Bill 6237 (2012).RCW 43.70.110 and 43.70.250 require that state costsfor each professional, occupational or businesslicensing program administered by the Departmentof Health be fully borne by the members of thatprofession, occupation or business. Assuming theinitiative requires new legislative approval of thedepartment’s fee authority, it is assumed that currentlaw will also prevent the creation of these fournew health care certifications and endorsements.Therefore, state fee revenue is estimated todecrease $2,454,000 and state costs are estimated todecrease $3,350,000 over five fiscal years.During the 2011 legislative session, the Legislatureauthorized in Second Substitute Senate Bill 5034 theimposition of fees to fund Utility and TransportationCommission costs related to the certification ofprivate wastewater operators. The commission isnot required to engage in rulemaking to implementthe certification until it has collected sufficientpayments to cover its projected costs. Assumingthe initiative requires new legislative approval forthe commission’s fee authority, it is also assumedthat commission will not engage in rulemaking.Therefore, state fee revenue is estimated todecrease $259,000 and state costs are estimated todecrease $261,000 over five fiscal years.See Table 1.1 and Table 1.2 for details on staterevenue and state cost impacts from businesscertifications and endorsementsRecreation Fees AssumptionsDuring the 2012 legislative session, the Departmentof Fish and Wildlife, the Department of NaturalResources and the Parks and RecreationCommission were authorized in Engrossed SecondSubstitute House Bill 2373 the option of offering aFamily Discover Pass transferrable among vehicles.The agencies are required to collectively set theprice of the pass at an amount no more than $50.The requirement of new legislative approvalwill prevent the agency from offering the FamilyDiscover Pass. The state revenue and expenditureimpacts are indeterminate because it is unknownhow the sales of the Family Discover Pass wouldimpact overall Discover Pass sales.Table 1.1 State Business Certification and Endorsement Revenue ImpactState Revenue Impact FY 2013 FY 2014 FY 2015 FY 2016 FY 2017Health Professions Account $0 $864,000 $308,000 $919,000 $363,000Public Service Revolving Fund $81,000 $20,000 $85,000 $42,000 $31,000State Total $81,000 $884,000 $393,000 $961,000 $394,000Table 1.2 State Business Certification and Endorsement Cost ImpactState Revenue Impact FY 2013 FY 2014 FY 2015 FY 2016 FY 2017Dept. of Health $220,000 $1,546,000 $773,000 $403,000 $408,000Utility and TransportationCommission$81,000 $53,000 $53,000 $37,000 $37,000State Total $301,000 $1,599,000 $826,000 $440,000 $445,000
10Argument ForInitiative Measure 1185Initiative Measure 1185Argument AgainstInitiative Measure 1185Four Times the Voters Have Approved Initiatives RequiringEither a Two-Thirds Vote of the Legislature……or majority vote of the people to raise taxes. Four times.Just two years ago, 64% of voters approved it. The peopleclearly want tax increases to be an absolute last resort.Nonetheless, Olympia will take it away next year unless wepass I-1185. Recent history shows why I-1185 is necessary toprotect struggling taxpayers.For the Two Years Following Voters Approval in 2007, I-960Worked Exactly as Voters IntendedWith I-960, tax increases were a last resort and Olympiabalanced its budgets without raising taxes. In 2010, theysuspended I-960 and increased taxes a whopping $6.7billion (10-year cost according to state’s budget office), ahuge betrayal of the public trust. I-1185 stops them fromdoing that again.We Need Certainty in Tough Economic TimesThe worst thing state government could do is hamper theconditions for economic growth. We need an economicclimate where families feel confident, employers expand,job growth is positive. I-1185 provides a stable future, givingfamilies and employers the certainty they need to prosper.Olympia Faces Another Big Deficit Because UnsustainableSpending has Once Again Outstripped RevenueWe simply can’t afford to have it all. With I-1185’s extensionof I-960’s taxpayer protections, Olympia will be encouragedto reform government, prioritize spending and re-evaluateexisting programs. Without I-1185, they’ll resort to jobkilling,family-budget-busting tax increases. Hold Olympiaaccountable for your tax dollars – vote yes.Rebuttal of Argument AgainstSince 1993, Washington’s had the two-thirds requirement. Inthose 20 years, during legislative sessions when it’s been ineffect, tax hikes were a last resort resulting in more reformand fewer taxes. When Olympia suspends it (like 2010), taxincreases become a first resort with less reform and muchhigher taxes. It shouldn’t be easy for government to takemore of the people’s money. Protect yourself by extendingI-960’s various protections with I-1185 – vote yes.Argument Prepared byErma Turner, retired hairdresser, businesswoman, ourfavorite supporter, Cle Elum; Darryl Ehlers, farmer, husband,father, poet, gathered 1169 signatures, Lynden; Jack Fagan,retired policeman, retired navy, grandfather, bowler,fisherman, hunter; Larry Stanley, retired small businessowner, active in community, Spokane; Brad Carlson, familysmall business owner, Evergreen Memorial Gardens,Vancouver; Suzie Burke, businesswoman, Fremont’s biggestsmall business advocate, SeattleContact: (425) 493-8707; YesOn1185@gmail.com;www.YesOn1185.comTim Eyman, funded by big corporate interests, is backwith Initiative 1185. This flawed and unconstitutionalmeasure makes it nearly impossible to provide adequatefunding for public schools and social services.Cuts funding for vital servicesMeasures like 1185 may sound like a way to protecttaxpayers, but Colorado passed a similar measurewith disastrous results. It cut off funding for schools,roads, and immunizations for kids, and caused so manyproblems that Colorado’s Republican Governor proposeda measure to suspend it, which voters passed.1185 rewards special interestsPublic Disclosure Commission reports show most of themillion dollars plus spent to put 1185 on the ballot camefrom big oil companies, beer companies, and other Olympiaspecial interests. These corporations want to rig the rules toprevent having to pay their fair share.1185 blocks closing tax loopholesEyman’s initiative is so poorly written that under 1185 itonly takes a majority vote to give corporations a special taxloophole – but then requires a two-thirds vote to eliminatethat same loophole. That’s wrong.1185 is unconstitutionalA respected judge recently ruled the core provision of 1185is unconstitutional. Why? Our constitution plainly states thatlegislation passes with a majority vote. Other states with atwo-thirds rule did it by amending their constitutions, butEyman has refused to propose a constitutional amendment.Community leaders across Washington oppose 1185because it is designed to block efforts to make the wealthyand powerful pay their share. Vote no on 1185.Rebuttal of Argument ForAnother year, another deceptive Eyman initiative. BP andConoco Phillips are spending hundreds of thousands ofdollars to pass this initiative to protect costly and unfairtax breaks for Big Oil and other special interests. 1185means further deep cuts for our schools, on servicesfor seniors and the disabled, and public safety. Voteno on 1185 to stop Eyman and his big money backersfrom trashing our constitution to suit their own selfishpurposes.Argument Prepared byDouglas MacDonald, former Washington State Secretaryof Transportation; Don Orange, Vancouver small businessowner, chair, Main Street Alliance; Pam Kruse, Piercecounty public school teacher; Reuven Carlyle, Businessowner, public school parent and citizen legislator; TeriNicholson, Registered Nurse, Spokane; Gerald Reilly,Chair, ElderCare Alliance, OlympiaContact: voteno1185@gmail.com; www.no1185.org
Initiative Measure 124011Initiative Measure1240Proposed by initiative petition:Initiative Measure No.1240 concerns creationof a public charterschool system.This measure would authorize up to fortypublicly-funded charter schools open toall students, operated through approved,nonreligious, nonprofit organizations, withgovernment oversight; and modify certain lawsapplicable to them as public schools.Should this measure be enacted into law?[ ] Yes[ ] NoThe Official Ballot Title was written by the Office of the AttorneyGeneral as required by law and revised by the court. TheExplanatory Statement was written by the Office of the AttorneyGeneral as required by law. The Fiscal Impact Statement waswritten by the Office of Financial Management as required bylaw. The Secretary of State is not responsible for the content ofarguments or statements (WAC 434-381-180). The complete textof Initiative Measure 1240 is located at the end of this pamphlet.Explanatory StatementWritten by the Office of the Attorney GeneralThe Law as it Presently ExistsThe legislature has provided for the educationof resident children through creation of a publicschool system. Public schools are operated by localschool districts under the overall supervision of thestate superintendent of public instruction. Childrenbetween the ages of eight and eighteen mustattend public school, subject to certain exceptionsincluding enrolling in private school or receivinghomeschool instruction.School districts are local government bodiesresponsible for operating the “common schools”(kindergarten through twelfth grade) in theirboundaries. A board of directors elected by thepeople of the district governs each school district.Each board appoints a superintendent of schoolsand employs teachers, administrators, and otherstaff as needed. School district boards must complywith certain statewide standards, but each boardis responsible for selecting the number, size, andlocation of school buildings, employing staff, andchoosing curriculum and textbooks for that district.Each school district must allow all children residingwithin its geographic boundaries to enroll in itsschools. Each school district has discretion todetermine where an enrolled student attends school.Most districts assign students to schools on ageographic basis but may also offer students somechoice of schools within a district. Many districtsoffer special programs that are available to studentson a non-geographical basis. If agreed to by bothdistricts, a student may attend school in anotherdistrict.Currently, public schools are established by localschool district boards and cannot be created oroperated by any other entity. They are primarilyfunded by the state. The legislature appropriatesfunds to the superintendent of public instruction fordistribution to school districts. District allotmentsconsider a number of factors but are primarilybased on the number of students enrolled in thedistrict. In addition to their state funding, districtsmay levy voter-approved special property taxes andseek funding from the federal government and/orprivate sources for district educational programs.State laws impose various requirements foreducation programs offered by school districts.Examples of state requirements include provisionsrelating to student/teacher ratios, alternativeeducation programs, special education, studenttransportation, bilingual instruction, highly capablestudents, visual and auditory screening of students,immunization, early childhood programs, schoolattendance, compulsory course work, food servicesfor students, and management of school districtproperty.The state board of education is a state agencymade up of sixteen members, including thesuperintendent of public instruction, membersappointed by the governor, and members electedby local school boards. The board of educationdevelops educational policy and provides strategicoversight of the public school system.
12Initiative Measure 1240The Education Employment Relations Act (Chapter41.59 RCW) governs school district employmentrelations issues. This statute provides for collectivebargaining as to wages, hours, and terms andconditions of employment, and sets requirementsand limitations on the collective bargainingprocess. Collective bargaining matters are withinthe jurisdiction of the public employment relationscommission, a state agency.The Effect of the Proposed Measure,if ApprovedThis measure would allow the authorization ofa limited number of charter schools within thestate’s public school system. The measure usesthe terms “charter school” and “public charterschool” interchangeably, and defines the term as apublic school governed by a charter school boardand operated according to the terms of a chartercontract, which is entered into pursuant to theterms of the measure. The measure would limit thenumber of charter schools to forty over a five yearperiod, with no more than eight charter schoolsestablished per year.A public charter school would include one or moreof grades kindergarten through twelfth. Eachcharter school would be operated by a nonprofitcorporation meeting the requirements of publicbenefit nonprofit corporations (a nonprofitcorporation that has been designated as a taxexemptcharity under the federal internal revenuecode). The nonprofit corporation could not be asectarian or religious organization. Charter schoolswould be open to all students, and could only limitadmission based on age group, grade level, orcapacity of the school. Charter schools would besubject to supervision by the superintendent ofpublic instruction and the state board of education.Public charter schools would be created either as“new” charter schools (public schools that did notpreviously exist) or “conversion” charter schools(existing public schools converted into charterschools). Conversion charter schools must enrollall students already attending the school who wishto remain enrolled. If new charter schools haveinsufficient capacity to enroll all students who apply,admission would be determined by lottery, withpreference given to siblings of already enrolledstudents.The measure establishes two different ways thatpublic charter schools could be authorized. First,the measure would create a new state agency,the Washington charter school commission.The commission could authorize charter schoolsanywhere in the state and enter into chartercontracts with such schools. The commission wouldadminister the charter schools it authorizes bymanaging, supervising, and enforcing the schools’charter contracts. The commission would consistof nine members. The governor, the president ofthe state senate, and the speaker of the house ofrepresentatives would each appoint three members,and no more than five members could be ofthe same political party. The members would berequired to have experience and expertise in publicand nonprofit governance, public school education,and management and finance; and a demonstratedcommitment to charter schools.Second, the measure would allow local schooldistrict boards to authorize public charter schoolswithin their school district boundaries. To authorizecharter schools, a school district board would firsthave to apply to the state board of education tobe approved as an authorizer of charter schools.The measure sets minimum requirements for theapplication. An approved school district boardwould be required to execute a six-year contractwith the board of education, agreeing to certainresponsibilities as an authorizer. Approved schooldistrict boards could then authorize and enter intocharter contracts with charter schools, and wouldbe responsible for managing, supervising, andenforcing those charter contracts. The state board ofeducation would oversee approved school districtboards and under certain circumstances couldrevoke its approval of the school district board as anauthorizer of charter schools.Under the measure, nonprofit corporations seekingto operate a public charter school would apply tothe charter school commission or to an approvedschool district board. The measure sets minimumrequirements for applications to operate charterschools. Applicants could apply to only oneauthorizer at a time, but could re-apply or apply to adifferent authorizer if rejected. The measure providesthat preference would be given to approvingapplications for charter schools designed to enrollat-risk students.A public charter school’s basic structure andoperations would be set forth in its charter contract.The charter contract would be a renewable, fiveyearcontract between the authorizer (the statecharter school commission or an approved localschool board) and the charter school board. Thecontinue on page 14
13Kids’ Art ContestStudents in grades 4 and 5Enter your voting-themed artwork in theKids’ Art Contest. The winner will be featuredin the 2013 statewide Voters’ <strong>Pamphlet</strong>.For contest rules, visit the Civics Educationpage at www.vote.wa.gov. The deadline isApril 19, 2013.“If I Could Vote...”Sophiana JamesSammamish, WAWinner of the 2012Voters’ <strong>Pamphlet</strong>Kids’ Art Contest
14Initiative Measure 1240charter school board would be appointed or selectedaccording to the approved terms of the charterschool application submitted by the nonprofitcorporation. Subject to the terms of the chartercontract, the charter school board could hire anddischarge employees and enter into contracts tocarry out the school’s functions, including purchaseor rental of real property, equipment, goods,supplies, and services. Contracts for managementof the charter school could only be with nonprofitcorporations. The charter school board could alsoborrow money and issue debt, but could not usepublic funds allocated to the school as collateral. Thestate, the charter school commission, and the localschool district would not be held responsible for thedebt.The measure would set minimum requirements forwhat must be addressed in public charter schoolcontracts, including academic and operationalperformance expectations and measures bywhich the performance will be judged. Chartercontracts may be revoked or not renewed undercertain circumstances, including failing to meetperformance expectations.Public charter schools would receive allocation ofstate funding based on their student enrollments,including both basic education funding and othercategories of state funding for public schools. Aportion of this allocation would be used to fundadministrative oversight by the authorizer of thecharter school (the charter school commission orthe local school district board). Charter schoolsauthorized by local school boards and conversioncharter schools would also be entitled to perpupilallocations of local levy proceeds, but newcharter schools authorized by the charter schoolcommission could receive funds only from leviessubmitted to voters after the school’s start-up date.A charter school would not be able to charge tuition,levy taxes, or issue tax-backed bonds. A charterschool could accept and administer grants anddonations from governmental and private entities,and would be eligible to apply for state grants onthe same basis as a school district.Public charter schools would be exempt frommost state statutes and rules applicable to schooldistricts, except statutes and rules made applicablethrough the school’s charter. However, charterschools would be required to comply with certainlaws such as local, state, and federal laws regardinghealth and safety, parents’ rights, civil rights,and nondiscrimination. Charter schools would berequired to employ certificated instructional staff(with certain exceptions also applicable to otherpublic schools), would be required to provide basiceducation as defined by statute, would be subjectto performance audits, and would be subject toopen public meetings and open public records laws.Charter schools would be prohibited from engagingin sectarian practices.Public charter schools and their employees wouldparticipate in state retirement programs forteachers, school employees, and public employeeretirement systems, unless including them wouldjeopardize the status of the retirement systemsas governmental plans for purposes of theinternal revenue code and related federal laws.Charter school employees would also be eligibleto participate in state employee health benefitprograms.Public charter schools would generally be subjectto the same collective bargaining requirements asother public schools, but the bargaining unit forcollective bargaining would be limited to employeesof the charter school rather than includingemployees from several schools or a school district.Fiscal Impact StatementWritten by the Office of Financial ManagementFiscal Impact through Fiscal Year 2017Initiative 1240 is anticipated to shift revenues,expenditures and costs between local public schooldistricts or from local public school districts tocharter schools, primarily from movement in studentenrollment. This will result in an indeterminate,but non-zero, fiscal impact to local public schooldistricts. Impacts on state expenditures are alsoindeterminate, but non-zero, because it is unknown:1) how charter schools will impact enrollment in thestate’s education system, or 2) the extent to whichcharter schools will receive state categorical fundingor state grants. Known state agency implementationcosts are estimated at $3,090,700 over five fiscalyears.General Assumptions:• Estimates assume 40 charter schools will beauthorized over five years. The proportionauthorized by a local public school district(“school district”) or by the WashingtonCharter School Commission (“Commission”) isunknown.• Charter schools would be tuition-free publicschools within the state system of commonschools under the supervision of the Office of
Initiative Measure 124015Superintendent of Public Instruction and StateBoard of Education (“Board”).• State funding for charter schools would beprovided in the same manner as other publicschools.• It is unknown where charter schools will belocated, their size or the composition of theirstaff or students (“characteristics”).• Estimates assume charter schools could first beauthorized for operation for the 2013–14 schoolyear.• The effective date of the initiative is Dec. 6, 2012.• Estimates are described using the state’s fiscalyear (FY) of July 1 through June 30.State and Local Government Revenue andExpenditure Estimate – AssumptionsState school funding for charter schools wouldbe provided in the same manner as other publicschools. Categorical funding would be allocated tocharter schools based on the same funding criteriaused for noncharter schools.To the extent charter schools attract students fromprivate or home schools, overall state studentenrollment in the K-12 public school system couldincrease, increasing state expenditures. The cost offunding a student, using 2011–12 average schoolyear costs, is $5,814 for basic education funding andtransportation costs. However, under current law,the state would be required to fund these studentsshould they choose to enter the public schoolsystem. Therefore, the fiscal impact to the state andschool districts from any new student enrollment isindeterminate, but non-zero.Depending on the characteristics of a charterschool, state funding such as basic education andcategorical funding may shift (decreasing for oneentity and increasing for another entity) betweenschool districts or from school districts to charterschools. However, such shifts occur under currentlaw. Current law allows parents to enroll theirchildren in schools outside their resident schooldistrict, within certain limitations. Moreover, parentsmay enroll their children in any of more than 300public alternative schools and programs in schooldistricts throughout the state. Students may alsoenroll in courses or programs at a communitycollege, technical college and certain four-yearuniversities. Charter schools provide anotherenrollment option, but they do not change currentlaw that state funding follows the student. Therefore,the fiscal impact to school districts from providingstate funding to charter schools is indeterminate,but non-zero.Charter schools are eligible for state matching fundsfor common school construction. A charter schoolis eligible to apply for state grants on the samebasis as a school district. State grants are allocatedbased on criteria set in law or rule, and may becompetitively allocated, prioritized within availablefunds or subject to legislative appropriation.Because the characteristics of charter schools areunknown, the fiscal impact to the state and schooldistricts from making charter schools eligible forgrants and matching funds is indeterminate, butnon-zero.Charter schools authorized by a school district andconversion charter schools are eligible for locallevy moneys approved by the voters before thestart-up date of the charter school, and must beincluded in levy planning, budgets and fundingdistribution for local levies after the start-up date ofthe charter school. Charter schools authorized by theCommission are not eligible for local levy moneysapproved by the voters before the start-up date ofthe charter school, but must be included in levyplanning, budgets and funding distribution for locallevies submitted to the voters after the start-up dateof the charter school.Under current law, school districts are authorized toimpose a property tax levy within their boundariesto generate additional operating budget funds.These levies for maintenance and operationspurposes can be imposed for up to four years andare limited to a set percentage of a state-definedschool district levy base. The school district’s levybase is a composite of the prior year’s state andfederal revenues, adjusted by inflation and otherfactors. To the extent the charter school changesa school district’s state and federal revenues, theschool district’s levy base may increase or decrease,changing the amount of property tax that can becollected. Because the characteristics of charterschools are unknown, the revenue impact on schooldistricts’ property tax levies is indeterminate, butnon-zero.State funding is also available to reduce propertytax rates for school district maintenance andoperations levies. To be eligible for state local effortassistance, the school district must be located in anarea with above-average school district property taxrates. However, because it is unknown where charterschools will be located, the fiscal impact to the stateto provide local effort assistance to school districtsis indeterminate, but non-zero.
16Initiative Measure 1240Authorizers of charter schools may receive anoversight fee. The fee is to be set by the Boardand must be calculated as a percentage of stateoperating funding allocated to the charter school,but may not exceed 4 percent of the charter school’sannual funding. Because the fee calculation andthe amount of state operating funds allocatedto the charter school is unknown, there is anindeterminate, but non-zero, revenue impact to thestate and school districts.State and Local Government Cost Estimate –AssumptionsThe state will incur known costs to implementthe initiative estimated to total $3,090,700 overfive fiscal years. See Table 2.1 for details on stateestimated costs. Assumptions by agency are asfollows:• The initiative establishes a nine-memberCommission as an independent state agency.The Commission’s mission is to authorizecharter schools. Estimates assume the need foroperational and staff support to the Commissionat the cost of $970,300 over five fiscal years.• The initiative requires the Board to developan annual application, approval process andtimelines for entities seeking approval to becharter school authorizers no later than 90 daysafter the effective date of the initiative. TheBoard is also responsible for oversight of theperformance and effectiveness of authorizersit approves. Duties also include the settingof an authorizer oversight fee. The Board, incollaboration with the Commission, mustissue an annual report on the state’s charterschools for the preceding year. In the fifth yearfollowing the operation of charter schools for afull school year, the annual report must containa recommendation on whether the Legislatureshould authorize the establishment of additionalcharter schools. Estimates assume these newduties will require additional operational andstaff support to the Board at the cost of $815,000over five fiscal years.• Estimates assume the Office of Superintendentof Public Instruction will require additionaloperational and staff support to allocate andreconcile funds paid to charter schools and toperform duties as the Board’s fiscal agent. Thesecosts are estimated at $764,400 over five fiscalyears.• Charter school employees’ certificated andclassified staff may participate in publicemployee collective bargaining. Any bargainingunit or units established by the charter schoolmust be separate from other bargaining units inthe school districts, educational service districtsor institutions of higher education. Each charterschool is a separate employer from the schooldistrict. It is not known to what extent charterschool employees will seek representationand collectively bargain. If all charter schoolemployees were to seek representation andbargain, the maximum estimated cost to theWashington State Public Employment RelationsCommission is estimated at $461,000 over fivefiscal years.• Charter school employees may also participatein the state’s health benefit programs throughthe Public Employees Benefits Board inthe same manner as other public schoolemployees. Charter school employees mustbecome members of state retirement systemsif their membership does not jeopardize thefederal tax status of these retirement systems.The one-time cost of seeking a federal taxstatus determination is estimated at $80,000in fiscal year 2013. No additional state costsare assumed for the provisions of retirementcontributions and health care benefits as thoseare a component of the state’s basic educationfunding to school districts.School districts that choose to become authorizersof charter schools will incur costs to solicit andreview applications, contract with charter schoolboards, monitor and oversee their authorizedcharter schools, and annually report to the Board.Because costs will depend on the characteristicsof charter schools, there is an indeterminate, butnon-zero, cost impact to school districts to becomeauthorizers of charter schools.
Initiative Measure 124017Table 2.1 Known State Cost ImpactKnown State Costs FY 2013 FY 2014 FY 2015 FY 2016 FY 2017State Charter SchoolsCommission$117,100 $213,300 $213,300 $213,300 $213,300State Board of Education $171,000 $161,000 $161,000 $161,000 $161,000Office of Superintendent of PublicInstructionPublic Employment RelationsCommissionDepartment of RetirementSystems$239,200 $131,300 $131,300 $131,300 $131,300$0 $120,500 $116,500 $112,000 $112,000$80,000 $0 $0 $0 $0State Total $607,300 $626,100 $622,100 $617,600 $617,600Student Mock ElectionOctober 29 - November 2, 2012Students in grades K-12 can vote online for actual candidates and ballot measures.The Mock Election is free, fun and educational!It’s as easy as...1. Starting Monday, October 29go to www.sos.wa.gov/elections/mock2. Read the student voters’ guide3. Vote online for real candidates and measuresResults will be posted after voting closes onFriday, November 2, at 1 p.m.
18Argument ForInitiative Measure 1240Initiative Measure 1240Argument AgainstInitiative Measure 1240Charter schools are independently-managed public schoolsoperated by approved nonprofit organizations. They arefree, open to all students, and receive funding based onstudent enrollment just like traditional public schools.Under I-1240 public charter schools must meet thesame academic standards as traditional public schools,and their teachers must meet the same certificationrequirements as teachers in other public schools.However, charter schools have more flexibility incurriculum, budgets and staffing, and in offering morecustomized learning experiences for students.I-1240 finally allows Washington parents and students theoption of public charter schoolsWashington is one of the few states without public charterschools. I-1240 will allow up to 40 public charter schoolsto be authorized in Washington over five years, overseenby a state commission or local school board with strictaccountability and oversight. I-1240 requires annualperformance reviews and an evaluation after five yearsbefore additional charter schools could be allowed.Our current public school system isn’t meeting the needs of allstudentsAlthough many students do well in traditional publicschools, far too many are falling through the cracksand are at risk of dropping out. Allowing public charterschools provides another option to help these strugglingstudents succeed.Forty-one other states have public charter schoolsCharter schools in other states are helping strugglingstudents stay in school and succeed. A yes vote on 1240will finally give Washington families the option of publiccharter schools for our children, just like families in 41other states have.Rebuttal of Argument AgainstCharter schools are public schools, open to all students,accountable to a local school board or state commission,and do not take a penny from our public school system orstudents. They’re funded based on student enrollment justlike other public schools. I-1240 requires strict accountabilityand oversight, drawing on successful charter school lawsin other states to finally allow this important public schooloption for Washington parents and schoolchildren. Pleasevote yes on 1240.Argument Prepared byTodd Hausman, Public School Teacher, BellinghamMember, Washington Education Association; Jana Carlisle,Garfield High School Parent Volunteer; Jerry Dyar, PublicSchool Counselor, Spokane; Thelma A. Jackson, Ph.D.,Steering Committee Member, Black Education StrategyRoundtable; Carol Frodge, Teacher/Former Principal, PTA2011 Outstanding Advocate Award; Lynne Tucker, Parent andSpecial Education Advocate, SeattleContact: (877) 704-5577; info@YESon1240.com;www.YESon1240.comPlease vote no on Initiative 1240, the charter schoolinitiative. Along with thousands of other teachers,classified school employees, community members andparents, we urge you to vote no on I-1240, which createsan expensive new system of privately operated – butpublicly funded – charter schools in Washington. There aremany good reasons to oppose I-1240:Charter schools will drain millions of dollars from existingpublic schools. At a time when school funding has alreadybeen cut dramatically, our children cannot afford thisinitiative. Charter schools will prevent us from doing whatthe state Supreme Court has ordered – provide adequatefunding for basic public education so all students havethe chance to succeed.Charter schools will serve only a tiny fraction of ourstudent population. We need to make sure that all kidsget a quality public education. Charter schools are anunproven, risky gamble. Research conducted by StanfordUniversity and others shows that, overall, charter schoolsdo not perform better than public schools, and nearly 40percent of them do worse.Charter schools undermine local control. This initiative letsout-of-state charter school operators make the rules. Thatmeans less accountability to Washington taxpayers.Washington voters have already rejected charter schoolsthree times. I-1240 is a discredited idea, and it’s time tomove on. Our state’s children can’t afford I-1240. Pleasejoin teachers, classified school employees, communitymembers and parents: Vote no on I-1240.Rebuttal of Argument ForThere is no guarantee that kids who are struggling willhave access to charter schools. I-1240 diverts taxpayermoney into unaccountable, unproven charter schools thatwould serve a tiny fraction of our students. Attendancewill be determined by a lottery. After years of budgetcuts, I-1240 will drain millions of dollars from existingclassrooms. I-1240 will undermine the recent SupremeCourt order to increase school funding so all students cansucceed. Vote no on I-1240.Argument Prepared byFreedom Johnson, Renton School District Teacher andWEA member; Megan Ives, Parent of three students inSpokane Public Schools; Colleen Bradley, MarysvilleSchool District Paraprofessional and SEIU 925 member;Linnea Hirst, Co-President, League of Women Voters ofWashington; Estela Ortega, Executive Director, El Centrode la Raza; Oscar Eason Jr., President, Alaska/Oregon/Washington State Area Conference NAACPContact: (253) 765-7157;info@peopleforourpublicschools.org;www.peopleforourpublicschools.org
Referendum Measure 7419Referendum Measure74Passed by the Legislature and Ordered Referred byPetition:The legislature passedEngrossed SubstituteSenate Bill 6239concerning marriagefor same-sex couples,modified domesticpartnershiplaw, andreligious freedom, andvoters have filed asufficient referendumpetition on this bill.This bill would allow same-sex couples to marry,preserve domestic partnerships only for seniors,and preserve the right of clergy or religiousorganizations to refuse to perform, recognize, oraccommodate any marriage ceremony.Should this bill be:[ ] Approved[ ] RejectedYou are voting to Approve or Rejectthe bill passed by the LegislatureApprove - you favor the bill passedby the Legislature.Reject - you don’t favor the bill passedby the Legislature.Votes cast by the 2012 Legislature on final passage:Senate: Yeas, 28; Nays, 21; Absent, 0; Excused, 0House: Yeas, 55; Nays, 43; Absent, 0; Excused, 0The Official Ballot Title was written by the Office of the AttorneyGeneral as required by law and revised by the court. TheExplanatory Statement was written by the Office of the AttorneyGeneral as required by law. The Fiscal Impact Statement waswritten by the Office of Financial Management as required bylaw. The Secretary of State is not responsible for the content ofarguments or statements (WAC 434-381-180). The complete textof Engrossed Substitute Senate Bill 6239 is located at the end ofthis pamphlet.Explanatory StatementWritten by the Office of the Attorney GeneralThe Law as it Presently ExistsWashington law currently provides that marriage isa civil contract between a male and a female, whoare both at least eighteen years old and otherwisecapable of marrying. The law prohibits marriage ifthe parties to the marriage are of the same sex or areclosely related, or if a party to the marriage is alreadymarried to somebody else. A marriage is void if one ofthe parties is under age seventeen, unless a superiorcourt judge waives the age requirement based ona showing of necessity. A marriage entered into inanother state or jurisdiction is recognized as validunless Washington law would have prohibited themarriage if it had been formed here.The state also currently maintains a domesticpartnership registry. Two individuals of the same sexmay enter into a state-registered domestic partnershipif they meet certain requirements. Two individuals mayalso enter into a state-registered domestic partnershipif at least one of them is over 62 years old. The otherrequirements for entering a domestic partnership arethat the couple share a residence, are both at leasteighteen years old, are not closely related, and neitheris married or in a domestic partnership with anyoneelse. A legal union of two persons that was validlyformed in another state or jurisdiction, and that issimilar to a domestic partnership, is recognized as adomestic partnership in Washington.The same rights, responsibilities, and obligationsthat state law grants or imposes on married couplesand their families also apply to state-registereddomestic partners. The terms spouse, marriage,marital, husband, wife, widow, widower, next ofkin, and family, when used in state statutes, applyequally to state-registered domestic partnerships aswell as to marital relationships and married persons.Similarly, laws about dissolution and invalidation of
20Referendum Measure 74marriage apply equally to state-registered domesticpartnerships. Gender-specific terms such as husbandand wife used in any statute, rule, or other law areconstrued to be gender neutral, and applicable toindividuals in state-registered domestic partnerships.The Washington Law Against Discrimination prohibitsdiscrimination on the basis of sexual orientation.This prohibition applies to employment, real estatetransactions, credit transactions, insurance, and tothe full enjoyment of any of the accommodations,advantages, facilities, or privileges of any placeof public resort, accommodation, assemblage, oramusement.The Effect of the Proposed Measure,if ApprovedIf approved, this measure would allow same-sexcouples to marry. Other prohibitions on marriage,such as those based on age, being closely related,and already being married to somebody else wouldcontinue to apply. Marriage laws would apply withoutregard to gender. This measure specifies that genderspecificterms like husband and wife will be construedto be gender-neutral and will apply to spouses of thesame sex.This measure provides that clergy are not requiredto perform or recognize any marriage ceremony.No religious organization, or religiously-affiliatededucational institution, would be required to provideaccommodations, facilities, advantages, privileges,services, or goods related to the performance ofa marriage. Clergy, religious organizations, andreligiously-affiliated educational institutions wouldbe immune from any civil claim or cause of action,including a claim or cause of action based on theWashington Law Against Discrimination, based on arefusal to perform or recognize any marriage, or toprovide facilities, advantages, privileges, services, orgoods related to the performance of a marriage.State and local governments would be prohibitedfrom basing actions relating to penalties, benefits,licenses, or contracts on the refusal of a religiousorganization to provide such accommodations,facilities, advantages, privileges, services, or goods.State and local governments would be prohibitedfrom basing actions relating to penalties, benefits, orcontracts on the refusal of a person associated witha religious organization to solemnize or recognizea marriage. The measure does not change or affectexisting law regarding the manner in which a religiousor nonprofit organization may be licensed to provideadoption, foster care, or other child-placing services.This measure would also recognize, as valid inWashington, marriages between same-sex couplesentered into in another state or jurisdiction andrecognized as valid in that other state or jurisdiction,unless either party to the marriage was alreadymarried to a different person or the parties to themarriage are closely related. It would also recognizecertain legal unions between two persons, otherthan marriages, entered into in another state orjurisdiction. This provision applies if the legal unionprovides substantially the same rights, benefits, andresponsibilities as a marriage, but does not meet thedefinition of a domestic partnership in Washington.Washington law would then treat such couplesas having the same rights and responsibilities asmarried spouses in this state, unless the relationshipis otherwise prohibited by Washington law or thecouple does not marry within one year of becomingpermanent residents of Washington. Two individualswould not be prohibited from obtaining a marriagelicense in Washington on the basis that they validlyentered into a legal union, other than a marriage, inanother state or jurisdiction.After June 30, 2014, state-registered domesticpartnerships would be available only to couples inwhich one partner is at least 62 years old. The partiesto existing same-sex domestic partnerships may eitherget married or dissolve their domestic partnership.Same-sex domestic partnerships, in which neitherparty is over 62 years old, will be automaticallyconverted into a marriage as of June 30, 2014, unlessthe parties either get married or dissolve the domesticpartnership before that date. The Secretary of Statewould be required to send letters to each same-sexdomestic partner advising of these changes.Fiscal Impact StatementWritten by the Office of Financial ManagementFiscal Impact through Fiscal Year 2017Referendum 74 would enact legislation, EngrossedSubstitute Senate Bill 6239, that allows same-sexcouples to marry, applies marriage laws withoutregard to gender and specifies that laws usinggender-specific terms like husband and wife includesame-sex spouses. After 2014, existing domesticpartnerships are converted to marriages, except forseniors. Fewer state domestic partnership filings anda corresponding increase in marriage licenses areestimated to decrease state revenue by $81,000 andincrease county revenue by $128,000 over five fiscalyears. A one-time state cost is estimated at $15,000 for
Referendum Measure 7421required state mailings to those currently registered inthe domestic partnership program.General Assumptions• Estimates are based on information provided bystate agencies during the 2012 legislative sessionfor Engrossed Substitute Senate Bill 6239 and theWashington State Department of Commerce LocalGovernment Fiscal Note Program.• In 2009, the Legislature passed EngrossedSecond Substitute Senate Bill 5688, EngrossedHouse Bill 1616 and Engrossed Substitute HouseBill 1445, which generally expanded the rights,responsibilities and obligations accorded stateregisteredsame-sex and senior domestic partnersto be equivalent to those of married spouses,except that a domestic partnership is not amarriage. Consequently, the conversion of existingsame-sex domestic partnerships to marriagesand the ability of same-sex couples to marry areestimated to have insignificant fiscal impact onstate and local government revenues, costs orexpenditures.• The domestic partnership program continues onlyfor couples where at least one of the partners is 62years of age or older.• Estimates are described using the state’s fiscalyear of July 1 through June 30.State and Local Government Revenue andExpenditures Estimate – Assumptions• Because the domestic partnership program willbe limited to couples where at least one of thepartners is 62 years of age or older, the Secretaryof State estimates a decrease of fee revenue of$38,000 each fiscal year from fewer registrations.• Assuming the decrease in domestic partnershipfilings will result in a corresponding increase inmarriages, and the maximum cost of a marriagelicense is $64, revenue is estimated to increase$20,400 to the state and $28,000 to counties eachfiscal year. For each marriage license, estimatesassume the state receives $27 and the countyretains $37 of each license fee. Local revenuessupport the county general fund, family court,family services, records preservation fund andhistorical programs. State revenues support thedisplaced homemaker program, child abuseprograms, the centennial records preservationprogram, the state archives and the state heritagecenter.State and Local Government Cost Estimate –Assumptions• The Secretary of State estimates a one-time costof $15,000 for two required mailings that includesa summary of this law to each partner who isregistered in a domestic partnership.Have questions?Your county elections department has answers.Your county elections department can:register you to vote;send you a replacement ballot;provide accessible voting assistance;provide additional voters’ pamphlets; andlocate your nearest ballot drop box.County contact information is located in theback of this pamphlet.
22Argument ForReferendum Measure 74Referendum Measure 74Argument AgainstReferendum Measure 74Only Marriage Provides the Security to Build A Life TogetherImagine if you couldn’t marry the person you love? Parentsdream of their children being happily married and settledinto a lifetime, loving relationship. They don’t dream ofwalking their son or daughter down the aisle into a domesticpartnership. Marriage matters.Vote Approve to Uphold the Freedom to MarryThe law allows caring and committed same-sex couples tobe legally married. Committed same-sex couples are ourneighbors, our friends and family, our co-workers. Theyshould have the freedom to marry and build their livestogether, without government interference. It’s not for us tojudge, or to deny them that opportunity.Treat Everyone as We Want to Be TreatedThink of your own reasons for wanting to marry - you canimagine why same-sex couples dream of the happiness,security and responsibility of marriage. Same-sex couplesmay seem different, but when you talk with a committedsame-sex couple, you realize they hope to marry for similarreasons as everyone else - to share and build a life together,to be there for each other, in good times and bad, in sicknessand in health, and to make that special vow before familyand friends to be together forever.Vote Approve to Protect Religious FreedomWe are all God’s children. This law guarantees religiousfreedom and won’t change how each religion definesmarriage. It protects the rights of clergy, churches, andreligious organizations that don’t perform or recognizesame-sex marriages.Rebuttal of Argument AgainstMarriage is two people vowing their love and commitmenttogether. Same-sex partners shouldn’t be denied access totheir loved one in emergencies because they aren’t married.The American Academy of Pediatrics agrees legalizingsame-sex marriage promotes healthy families and children.Washington State Psychological Association and Children’sAlliance approve R-74. This law doesn’t change existing antidiscriminationlaws or schools. Lawsuits haven’t increasedin states with same-sex marriage. Liberty and pursuit ofhappiness are core American values.Argument Prepared byKim Abel, Co-President, League of Women Voters ofWashington; Denise Klein, CEO, Senior Services; ChrisBoerger, Bishop, Northwest Washington Synod, EvangelicalLutheran Church; Ed Murray, State Senator, Born inAberdeen; Jamie Pedersen, State Representative, Democrat;Born in Puyallup; Maureen Walsh, State Representative,Republican, Walla Walla; small business ownerContact: (425) 954-3252;info@WashingtonUnitedForMarriage.org;www.WashingtonUnitedForMarriage.orgMarriage is more than a commitment between two lovingpeople. It was created to benefit the next generation.Traditional marriage promotes child well-being becausekids need both a mother and a father. Extensive socialscience shows that children do best when raised by theirmarried parents.The new marriage law passed by legislators did notenact same-sex marriage – it redefined marriage forall, stripping it of its essential man/woman nature andtossing common-sense out the window. Women can nowbe “husbands” and men can be “wives.”Our “Everything But Marriage” Law Already Provides Gays FullLegal EqualityWashington same-sex couples already enjoy full legalequality. The new marriage legislation did not provide anynew substantive legal rights for gay couples.Redefining marriage has consequences.God’s creation of marriage as the union of one man andone woman is the foundation of society and has servedus well for thousands of years. People who disagree withthis new definition could find themselves facing sanctions,as has occurred elsewhere. Church groups have lost theirtax exemptions. Small businesses were sued. Weddingprofessionals have been fined. Charities opposing gaymarriage were forced to end services. Young children weretaught about gay marriage in public school.Gays and lesbians are entitled to respect and to live as theychoose, but they don’t have a right to redefine marriage.Being opposed to same-sex marriage doesn’t mean youdislike gays and lesbians. It means you support traditionalmarriage. Please reject R-74 to reject redefining marriage.Rebuttal of Argument ForProponents of Referendum 74 focus on what same-sexcouples want. But marriage isn’t only about adults’desires; it’s about what children need. Marriage issociety’s way of connecting fathers and mothers to theirchildren. Voters gave gay couples full legal equalitythrough the “everything but marriage law” just two yearsago. Referendum 74 will provide no new legal benefits;it redefines marriage for everyone and has seriousconsequences for society. Please, reject Referendum 74.Argument Prepared byJoseph Backholm, President Preserve MarriageWashington; Joe Fuiten, Senior Pastor Cedar Park Church;Matt Shea, State Representative, District 4Contact: (425) 361-1548;replies@preservemarriagewashington.com;www.preservemarriagewashington.com
Initiative Measure 50225Fiscal Impact StatementWritten by the Office of Financial ManagementFiscal Impact through Fiscal Year 2017Initiative 502 would license and regulate marijuanaproduction and distribution; tax marijuana sales;earmark marijuana-related revenues; and specificallyprohibit driving under the influence of marijuana.The total fiscal impact on state and local governmentrevenues, expenditures and costs is indeterminatedue to the significant uncertainties related to federalenforcement of federal criminal laws related tomarijuana. However, the initiative’s provisions relatedto driving under the influence of marijuana, whichare not affected by federal criminal law enforcement,are estimated to generate known state fee revenueof $4,295,000 and known state agency costs of$2,754,000 over five fiscal years.General Assumptions• Federal laws classify marijuana as a controlledsubstance and provide criminal penalties for itsmanufacture, distribution, possession or use.These federal criminal laws are enforced by federalgovernment agencies that act independently ofstate and local government law enforcementagencies. To the extent that the federal governmentcontinues to enforce its criminal laws related tomarijuana, it would impede the activities permittedby this initiative.• Estimates rely on published surveys and reportsthat acknowledge the difficulty in obtainingaccurate and objective data due to the product’sillegal nature. The inherent unreliability of existingdata makes analysis extremely difficult.• Portions of the initiative pertaining to drivingunder the influence of marijuana and thedecriminalization of marijuana possessiontake effect Dec. 6, 2012. There is no date certainfor implementation of the licensing andtaxation portions of the initiative. Therefore, animplementation date of Dec. 1, 2013, is assumedfor the purpose of developing estimates only.• Practices authorized under Chapter 69.51A RCWfor medical marijuana patients and designatedproviders are assumed unaffected by this initiative.• Estimates are based on information provided byagencies for fiscal note 502 XIL created during the2012 legislative session and subsequently updatedand rounded to the nearest $1,000. State agenciesestimates are not adjusted to account for the effectof federal criminal law enforcement on conductauthorized by the initiative.• Estimates are described using the state’s fiscalyear (FY) of July 1 through June 30.State and Local Government Revenue Estimates –AssumptionsThe initiative creates a closed, highly regulatedindustry that does not presently exist anywhere.Unlike other agricultural commodities, productionwould be solely for in-state consumption. In addition,the licensure and regulation provisions of the initiativecould ease federal criminal law enforcement activitiesby identifying marijuana producers, processors andretailers. These features may prevent the developmentof a functioning marijuana market. Consequently,the total amount of revenue generated to state andlocal government could be as low as zero. Assuminga fully functioning marijuana market and theassumptions following in this summary, estimatedtotal revenue generated to the state could be as highas $1,943,936,000 over five fiscal years. Because therange of impact is wide, the estimated impact on stateand local government revenues is indeterminate,but non-zero. See Table 3.1 and Table 3.2 for detailson state and local revenue impacts assuming a fullyfunctioning marijuana market.Consumption AssumptionsThere is no way to determine with precision theconsumption of marijuana in the state before orafter the effective date of the initiative. Therefore,for purposes of this fiscal impact statement only,an estimate of marijuana users was created usingthe U.S. Department of Health and Human Service,Substance Abuse and Mental Health ServicesAdministration’s National Survey on Drug Use andHealth, 2008–2009 data for Washington. The surveyestimates the percentage of marijuana users tobe 17.18 percent for persons 18 to 25 years of ageand 5.57 percent for those 26 years of age or older.Assuming Washington’s population of marijuanausers is increasing at the same rate as the nationaluse contained in the survey, the number of users incalendar year 2013 is estimated to be 18.4 percent forpersons 18 to 25 years of age and 6.1 percent for those26 years of age or older. Applying those percentagesto the state’s forecasted 2013 population, estimatesassume 363,000 Washington marijuana users incalendar year 2013. Estimates also assume a 3 percentincrease in sales beginning in 2015 to account forpopulation growth and inflation.
26Initiative Measure 502Frequency of consumption is estimated using thepattern contained in the United Nations Office onDrug and Crime, 2006 Bulletin on Narcotics, Reviewof the World Cannabis Situation, page 48. Thefrequency of consumption by users ranged from alow of 18 percent consuming once a year to 3 percentconsuming daily. Applying this consumption patternto an estimated 363,000 Washington marijuana users,and assuming 2 grams of marijuana per use, thenumber of grams consumed annually is estimated at85,100,000 grams.Estimates assume all users will purchase througha Washington State Liquor Control Board (“LCB”)licensee; no assumption is made that a portion ofthese users will purchase from the illegal market orfrom medical marijuana retailers. No assumptionis made about current medical marijuana usersmigrating sales to LCB-licensed retailers. Noassumption is made about migration of consumersfrom out of state to purchase usable marijuanain Washington. No assumption is made on theconsumption of marijuana-infused products. Noassumption is made concerning any change in pricingor volume of sales of liquor, beer or wine.License Revenue AssumptionsThere is a $250 application fee and a $1,000 issuance/renewal fee for each marijuana licensee throughLCB. All license fees are deposited into the DedicatedMarijuana Fund.• We lack sufficient data to estimate the number ofmarijuana producers and marijuana processerswho will apply for a license. Therefore, forpurposes of this estimate, 100 marijuanaproducers and 55 marijuana processers (half ofmarijuana producers processing their own productand five additional processors) are assumed. Noassumption is made for the number of processorsof edible marijuana products because this marketis unknown.• The number of retail outlets, and thus retaillicenses, is determined by LCB in consultation withthe Office of Financial Management, taking intoaccount population, security and safety issues, anddiscouraging purchases from illegal markets. Theinitiative also caps retail licenses by county. Giventhe initiative’s similarities with previous statemonopoly liquor laws, the number of retail outletsis estimated at 328 (the same number of state andcontracted liquor stores that were in operationDec. 31, 2011).• Estimates assume that licensees will be chargedfees for activities that are costs of doing businesssuch as sampling, testing and labeling.Tax Revenue AssumptionsThe initiative creates marijuana excise taxes equal to25 percent of the selling price on each wholesale saleand retail sale of marijuana from a licensed producer,processor or retailer. All funds from marijuana excisetaxes are deposited into the Dedicated MarijuanaFund.General state and local sales and use taxes applyto retail sales of tangible personal property, whichincludes usable marijuana. State sales tax is depositedinto the State General Fund.• Although some marijuana-infused products couldbe exempt from retail sales tax as a food product,no assumption is made to the consumption ofthese products. Therefore, the estimate assumesall marijuana consumed is subject to retail salestax.• Local government estimates use the statewideaverage local sales tax rate of 2.412 percent.State business and occupation (B&O) taxes will applyto these activities. State B&O taxes are deposited intothe State General Fund.• The state B&O rate for retailers is 0.471 percent.The state B&O rate for processors and wholesalersis 0.484 percent.• Estimates assume producers are exempt fromstate B&O tax under RCW 82.04.330 as these aresales of agricultural products.• City B&O taxes may apply. Using data from theWashington State Department of Revenue’s2010 Tax Reference Manual, total local B&O taxis approximately 8.6 percent of total state B&Otax. Estimates assume this ratio for city B&O taxrevenue impacts.For all fiscal years, estimates assume a $3 per gramproducer price, a $6 per gram processor price and a$12 per gram average retail purchase price.• Prices are based on a review of current medicalmarijuana dispensary prices in this state.• Estimates assume 50 percent of marijuana is bothproduced and processed by the same seller. Theremaining 50 percent is produced and then sold toa processor.• Estimates do not assume that increasedconsumption or competition will reduce prices.
Initiative Measure 50227Federal Fund AssumptionsState and local agencies are recipients of a variety offederal funds under mutual cooperation agreementswith federal agencies to reduce drug trafficking anddrug production in the United States. It is assumedthat the state would no longer meet the requirementsof a marijuana eradication grant between theWashington State Patrol and the U.S. Department ofJustice, Drug Enforcement Administration, resultingin an estimated state revenue loss of $368,000 inFY 2014 (the estimated amount remaining of a $1.5million grant on the effective date of the initiative).Other grants between the Washington State Patrol andthe Office of National Drug Control Policy would alsobe at risk. Portions of these grants are passed throughto local agencies. However, an estimated $202,000of grant funds is not included as a state or localgovernment revenue loss because it is not knownwhat actions the Office of National Drug Control Policywill take under the terms of the grant. No revenueimpact is estimated for local governments because itis assumed that grant funds will be fully spent by theeffective date of the initiative.Driver’s License Administrative ActionsAssumptionsThe initiative adds presumptive levels of intoxicationfor tetrahydrocannabinol (THC) concentration whena driver is arrested for suspicion of driving under theinfluence (0.0 for drivers under the age of 21; 5.00nanograms per milliliter of blood for drivers age 21or older). The initiative adds the requirement that theDepartment of Licensing (“DOL”) administrativelysuspend or revoke the driver’s license of a personwho tests above the presumptive level of THC.Assuming an estimated increase of 4 percent inthe DOL workload for administrative suspension/revocation hearings, increased fee revenue to the stateis estimated at $4,295,000 over five fiscal years.State and Local Government Expenditure Estimates– AssumptionsDisbursements from the Dedicated Marijuana Fundare made quarterly by LCB to state agencies to expendfor specific programs and services. Disbursementsare also made to specific accounts. Expenditures aredependent on the amount of revenue generated underthe initiative. Because revenues could be as low aszero, estimated expenditures could be as low as zero.However, assuming the revenue generated from afully functioning market, estimated state expendituresfrom the Dedicated Marijuana Fund could be as highas $1,590,668,000 over five fiscal years. Because therange of impact is wide, the estimated impact on stateand local government expenditures is indeterminate,but non-zero. See Table 3.3 for details on statedistributions from the Dedicated Marijuana Fundassuming a fully functioning marijuana market.The initiative generates an estimated range of zero to$349,341,000 over five fiscal years from state salestax and state B&O taxes. These taxes are depositedinto the State General Fund, which may be used forany governmental purpose as appropriated by theLegislature.The initiative generates an estimated range of zeroto $40,000 over five fiscal years from backgroundcheck fees that are deposited into the FingerprintIdentification Account. Funds from this account maybe used only to conduct identification record checks bythe Washington State Patrol.The initiative generates an estimated range of zeroto $380,000 over five fiscal years from driving underthe influence reissuance fees that are deposited intothe Impaired Driver Safety Account. Funds fromthis account may be used only to fund projects toreduce impaired driving and provide funding to localgovernments for costs associated with enforcinglaws relating to driving and boating while under theinfluence of intoxicating liquor or any drug.The initiative generates an estimated range of zero to$3,875,000 over five fiscal years from hearing fees andIgnition Interlock Driver’s License application fees thatare deposited into the Highway Safety Account. Fundsfrom this account may be used only for carrying outthe provisions of law relating to driver licensing, driverimprovement programs and traffic safety programs.The initiative generates an estimated range of zero to$119,786,000 over five fiscal years in local sales taxand city B&O taxes. The use of these funds will bedetermined at the local level or as authorized by statelaw.State and Local Government Cost Estimate –AssumptionsDue to the uncertainty of enforcement of federalcriminal laws related to marijuana, total state costs areindeterminate, but non-zero. However, assuming fullimplementation of the initiative and a fully functioningmarijuana market, total state costs are estimated toincrease to $65,726,000 over five fiscal years. SeeTable 3.4 for details on state cost impacts assuming afully functioning marijuana market.
28Initiative Measure 502State Agency Implementation Cost AssumptionsState agency costs are estimated to be $62,972,000over five fiscal years to implement licensing,regulation and taxation of marijuana and to implementthe programs and services supported by the DedicatedMarijuana Fund. Costs by agency are as follows:• LCB will incur costs estimated at $13,590,000 forrulemaking, licensure and enforcement of theinitiative.• The Department of Agriculture will incur a onetimecost of $26,000 to assist LCB in developingtesting laboratory accreditation standards.• The Washington State Patrol will incur costsestimated at $28,000 to conduct backgroundchecks for LCB license applicants.• The Office of Administrative Hearings will incurcosts estimated at $40,000 for appeals of LCBlicensing denial, suspension and revocation actions.• The Office of the Attorney General will incur costsestimated at $318,000 to provide legal services foradvice to LCB.• The Department of Revenue will incur costsestimated at $90,000 to administer tax collectionprograms from those licensed under the initiative.• The Health Care Authority will incur costsestimated at $38,839,000, assuming that fundsdeposited into the Basic Health Plan Trust Accountwill be used to implement a program similar tothe subsidized Basic Health Plan with increasedeligibility to enroll.• The Department of Social and Health Services andDepartment of Health will incur costs estimatedat $10,041,000 to implement the programs andservices funded through the Dedicated MarijuanaFund.• The University of Washington and WashingtonState University will have costs related to thepublic education and research grants from theDedicated Marijuana Fund. Because the scope ofthese tasks cannot be fully determined, costs tothe institutions are indeterminate, but non-zero.To the extent the federal government chooses topursue criminal charges against state employeesfor the permitting, regulation or revenue collectionaspects of the initiative, the state may incur additionalcosts for the defense of the employee for actsperformed within the scope of employment (See RCW10.01.150). Because it is not known what actions thefederal criminal law enforcement agencies may take,this cost is indeterminate.State and Local Government Law Enforcement CostAssumptionsThe state, counties and cities are anticipated toexperience increased costs from additional drivingwhile under the influence administrative actions,arrests, prosecutions and incarcerations. Data arenot available to accurately predict the total amountof costs that will accrue to the state and localgovernments; however, some costs can be estimated.Known costs by state agency are estimated at$2,754,000 over five fiscal years:• The Washington State Patrol will incur costsestimated at $2,118,000 for additional training toemployees on marijuana impairment. County andcity law enforcement agencies may also requireadditional training to employees on marijuanaimpairment, but the cost is indeterminate becausethe type of training and number of employeestrained will be determined at the local level.• The Washington State Patrol Toxicology Laboratorywill incur costs estimated at $125,000 for bloodtesting for driving under the influence cases.• The Department of Licensing will incur costsestimated at $423,000 to administratively suspendor revoke driver’s licenses for driving under theinfluence.• The Office of the Attorney General will incur costsestimated at $85,000 for defending judicial appealsof DOL driving under the influence decisions.• The Administrative Office of the Courts will incur aone-time cost of $3,000 for information technologychanges to the Judicial Information System.The state, counties and cities are anticipated toexperience decreased costs from fewer marijuanapossession and use arrests, prosecutions andincarcerations. Data are not available to accuratelypredict the amount of savings that will accrue to thestate and local governments. This estimate assumesthat beginning Dec. 6, 2012, individuals 21 years of ageor older are legally authorized to possess and use:• One ounce of useable marijuana.• Sixteen ounces of marijuana-infused product insolid form.• Seventy-two ounces of marijuana-infused productin liquid form.• Marijuana-related drug paraphernalia.The fiscal impact statement does not estimate statecosts or state savings due to social impacts fromapproval of the initiative.
Initiative Measure 50229Table 3.1 State Revenue ImpactState Revenue Impact FY 2013 FY 2014 FY 2015 FY 2016 FY 2017Dedicated Marijuana Fund $0 $248,639,000 $434,201,000 $447,213,000 $460,615,000Total State General Fund $0 $47,418,000 $97,682,000 $100,611,000 $103,630,000Fingerprint Identification Account $8,000 $8,000 $8,000 $8,000 $8,000Impaired Driver Safety Account $48,000 $82,000 $83,000 $83,000 $84,000Highway Safety Account $505,000 $832,000 $839,000 $846,000 $853,000Federal Grants $0 - $368,000 $0 $0 $0State Total $561,000 $296,611,000 $532,813,000 $548,761,000 $565,190,000Table 3.2 Local Revenue ImpactLocal Revenue Impact FY 2014 FY 2015 FY 2016 FY 2017Total Local Sales Tax Revenue $15,856,000 $32,664,000 $33,644,000 $34,653,000Total Local B&O Tax Revenue $403,000 $830,000 $855,000 $881,000Local Total $16,259,000 $33,494,000 $34,499,000 $35,534,000Table 3.3 State Expenditure/Distribution of Dedicated Marijuana FundState Expenditure/Distribution of DedicatedMarijuana FundWashington State Dept. of Social and HealthServices for the Healthy Youth SurveyWashington State Institute for Public Policy costbenefitanalysis of initiative. Disbursements endSept. 1, 2032.University of Washington Alcohol & Drug AbuseInstitute for web-based public education materialsWashington State Liquor Control Board foradministrationWashington State Dept. of Social and HealthServices Behavioral Health and Recovery forprevention and reduction of substance abuseWashington State Dept. of Health for marijuanaeducation and public health programsUniversity of Washington for research on short- andlong-term effects of marijuana useWashington State University for research on shortandlong-term effects of marijuana useFY 2014 FY 2015 FY 2016 FY 2017$375,000 $500,000 $500,000 $500,000$150,000 $200,000 $200,000 $200,000$15,000 $20,000 $20,000 $20,000$3,750,000 $5,000,000 $5,000,000 $5,000,000$36,652,000 $64,272,000 $66,224,000 $68,234,000$24,435,000 $42,848,000 $44,149,000 $45,489,000$1,466,000 $2,571,000 $2,649,000 $2,729,000$977,000 $1,714,000 $1,766,000 $1,820,000Deposit into Basic Health Plan Trust Account $122,174,000 $214,241,000 $220,746,000 $227,447,000Washington State Health Care Authority for healthcare contracts with community health centers toprovide primary health and dental care, migranthealth, maternity health care services$12,217,000 $21,424,000 $22,075,000 $22,745,000Building Bridges program $733,000 $1,285,000 $1,324,000 $1,365,000Deposit into State General Fund $45,693,000 $80,126,000 $82,559,000 $85,065,000State Total $248,637,000 $434,201,000 $447,212,000 $460,614,000
30 Initiative Measure 502Table 3.4 State CostsState Costs FY 2013 FY 2014 FY 2015 FY 2016 FY 2017Liquor Control Board $684,000 $5,151,000 $2,585,000 $2,585,000 $2,585,000Dept. of Agriculture $26,000 $0 $0 $0 $0Washington State Patrol $2,143,000 $32,000 $32,000 $32,000 $32,000Office of Administrative Hearings $0 $10,000 $10,000 $10,000 $10,000Office of Attorney General $111,000 $73,000 $73,000 $73,000 $73,000Dept. of Revenue $8,000 $61,000 $7,000 $7,000 $7,000Health Care Authority $0 $6,048,000 $10,605,000 $10,927,000 $11,259,000Dept. of Social and Health Services $0 $1,000,000 $1,000,000 $1,000,000 $1,000,000Dept. of Health $0 $1,232,000 $1,603,000 $1,603,000 $1,603,000Dept. of Licensing $187,000 $59,000 $59,000 $59,000 $59,000Administrative Office of the Courts $3,000 $0 $0 $0 $0State Total $3,162,000 $13,666,000 $15,974,000 $16,296,000 $16,628,000The 2012 Presidential Election is around the corner!Are you ready?g Register to voteg Update my addressg My candidates andballot measuresg Places to return my ballotg My elected officialswww.myvote.wa.govFor more information onWashington State elections visitwww.vote.wa.govThe deadline to register online or change your address has passed. If you are a new voter, you can still registerto vote by visiting your county elections department in person. Contact information is located in the back of this pamphlet.
Argument ForInitiative Measure 502Initiative Measure 502Argument AgainstInitiative Measure 50231Our current marijuana laws have failed. It’s time for a newapproach.Initiative 502 frees law enforcement resources to focus onviolent crime.Treating adult marijuana use as a crime costs WashingtonState millions in tax dollars and ties up police, courts, andjail space. We should focus our scarce public safety dollarson real public safety threats.Initiative 502 provides billions in new revenue for WashingtonState.Regulating and taxing marijuana will generate over a halfbilliondollars annually in new revenue for state and localgovernment. New funding will go to health care, research,and drug prevention.Initiative 502 takes away profits from organized crime.Marijuana prohibition has wasted billions of Americantaxpayers’ dollars and has made our communities less safe.Just as when we repealed alcohol Prohibition, we needto take the marijuana profits out of the hands of violentorganized crime.Initiative 502 protects our youth.Decades of research show what works to prevent kids fromabusing drugs. Based on this research, Initiative 502 restrictsadvertising and provides funding to proven preventionprograms. It also provides funding to programs that helpkeep kids in school.Rebuttal of Argument Against502 puts public safety and public health first. 502 keepsmarijuana illegal for people under 21 and sets a marijuanaDUI standard like we have for alcohol. 502 also provideshundreds of millions in new revenue for drug preventionprograms that work. Finally, almost all marijuana lawenforcement is handled by state and local police – it’s timefor Washingtonians to decide Washington’s laws, not thefederal government. Get the facts: www.NewApproachWA.org. Vote Yes on 502.Argument Prepared byJohn McKay, U.S. Attorney, Western District ofWashington, 2001-2007; Kim Marie Thorburn, M.D.,former Spokane Regional Health District Director; LeslieDavid Braxton, Senior Pastor, New Beginnings ChristianFellowship; Charles Mandigo, former Seattle F.B.I. SpecialAgent in Charge; Roger Roffman, UW professor andmarijuana dependence treatment professional; JoleneUnsoeld, U.S. Representative, 3rd Congressional District,1989-1995Contact: (206) 633-2012; Campaign@NewApproachWA.org;www.NewApproachWA.orgTwo Different Perspectives Against Initiative 502:If You Support Legalization, Vote No On I-502I-502 would create laws that risk the incrimination ofinnocent people. The proposed per se DUI mandate willlead to guaranteed conviction rates of unimpaired drivers,due to an arbitrary, unscientific limit. A direct conflict withfederal law will prevent any legal production, distribution,or retail of cannabis.With no home growing permitted, and no legal retailsystem, individuals will be forced to the same black marketthat promotes violence and crime in our communities.I-502 creates situations in which state employees andbusiness applicants can be charged with manufacture ordelivery of marijuana, money laundering, or conspiracy,due to self-incrimination. Sharing marijuana with anotheradult constitutes felony delivery. To learn more, or tosupport real reform, visit www.SensibleWashington.org.If You Support Safe & Healthy Communities, Vote No on I-502Legalizing marijuana will greatly increase its availabilityand lead to more use, abuse, and addiction amongadults and youth. Most 12th graders currently report notusing marijuana because it is illegal. Marijuana recentlysurpassed alcohol as the number one reason youth entersubstance abuse treatment. I-502 provides no fundingfor additional treatment costs leaving that burden totaxpayers.I-502 creates new regulations without additional funds toenforce those regulations. Marijuana possession will stillbe illegal under federal law. This conflict leaves growers,users and employees who sell marijuana at risk forfederal prosecution and taxes generated by I-502 subjectto seizure by federal authorities.Rebuttal of Argument ForWe agree that it’s time for a new approach, but not theone offered in Initiative 502. It conflicts with federallaw, voiding the possibility of any newly generated taxrevenue. It decriminalizes marijuana possession, but notretail or home growing, forcing people to the dangerousblack market. This decreases public health and safety andsupports organized crime. Furthermore, our state simplycan’t afford the increased social costs associated with thisinitiative.Argument Prepared byAnthony Martinelli, Sensible Washington SteeringCommittee member, Communications Co-Coordinator;Douglas Hiatt, Lawyer; Gilbert Mobley, MD, Diplomat,American Board of Emergency Medicine; Jim Cooper,Substance Abuse Prevention Professional, CommunityOrganizer; Steven Freng, Psy.D., MSW, ChemicalDependency Prevention/ Treatment Professional; RamonaLeber, Former Mayor City of Longview, Public SafetyAdvocateContact: (206) 799-8696; nooni502pac@gmail.com;www.SensibleWashington.org
32Engrossed Senate Joint Resolution 8221Engrossed Senate Joint Resolution8221Proposed to the People by the LegislatureAmendment to the State Constitution:The Legislature hasproposed a constitutionalamendment onimplementing theCommission on StateDebt recommendationsregarding Washington’sdebt limit.This amendment would, starting July 1, 2014,phase-down the debt limit percentage in threesteps from nine to eight percent and modify thecalculation date, calculation period, and the termgeneral state revenues.Should this constitutional amendment be:[ ] Approved[ ] RejectedVotes cast by the 2012 Legislature on final passage:Senate: Yeas, 38; Nays, 7; Absent, 0; Excused, 4House: Yeas, 91; Nays, 7; Absent, 0; Excused, 0The Official Ballot Title was written by the Legislature. TheExplanatory Statement was written by the Office of the AttorneyGeneral as required by law. The Secretary of State is notresponsible for the content of arguments or statements (WAC434-381-180). The complete text of Engrossed Senate JointResolution 8221 is located at the end of this pamphlet.Explanatory StatementWritten by the Office of the Attorney GeneralThe Constitutional Provision as it PresentlyExistsArticle VIII, section 1 of the Washington StateConstitution establishes a limit on the amount ofcertain debt the state may assume. It does so bylimiting the annual cost of principal and interestpayments the state may agree to pay. Whencontracting for new debt, the state may not agreeto annual payments of principal and interest thatwould raise the total annual payments of principaland interest above nine percent of the average ofthe prior three years of “general state revenues,” asdefined by the Constitution.Article VIII, section 1 defines “general staterevenues” to be used in calculating the state debtlimit. In general, the term includes all state moneysreceived in the state treasury that are not dedicatedto a specific use. Examples of state moneys that arenot part of “general state revenues” include fees orrevenues derived from state ownership or operationof projects or facilities; federal and private grantmoneys dedicated to specific purposes; money inretirement system funds; and money received fromtaxes levied for specific purposes (such as the stateproperty tax, which is dedicated by statute to thesupport of common schools).Not all state debt is subject to the debt limit inArticle VIII, section 1. For example, bonds payablefrom the gas tax and motor vehicle license feesare excluded, as are bonds payable from incomereceived from investing the Permanent CommonSchool Fund.Article VIII, section 1 pledges the full faith, credit,and taxing power of the state to the payment ofdebt created pursuant to the section.The Effect of the Proposed Amendment,if ApprovedThe amendment would change the calculationsfor determining how much debt Washington mayassume. First, it would reduce the percentage rateused in calculating the state debt limit, from 9.0percent of “general state revenues,” as currentlyprovided; to 8.5 percent starting July 1, 2014;8.25 percent starting July 1, 2016; and 8.0 percentstarting July 1, 2034. The amendment also wouldclarify that this percentage rate calculation is
Engrossed Senate Joint Resolution 822133applied at the time the state enters into contracts toassume debt.Second, beginning July 1, 2014, the amount of newdebt that may be contracted each year would becalculated based on the average of the prior sixyears of “general state revenues,” rather than theprior three years, as it is currently.Third, the amendment would change the definitionof “general state revenues” to include the stateproperty tax, starting July 1, 2014. This changewould allow the state property tax to be includedin “general state revenues” when calculating thedebt limit. The state property tax is dedicated bystatute to the support of common schools, and thatdedication to schools would not be changed by theamendment.Fiscal Impact StatementWritten by the Office of Financial ManagementNot required by lawAddress Confidentiality ProgramIf you are a victim of domestic violence,sexual assault, trafficking, and/or stalking,or if you are a criminal justice participantwho is a target of felony harassmentbecause of the work you do, and havechosen not to register to vote becauseyou are afraid your perpetrator will locateyou through voter registration records,the Office of the Secretary of State has aprogram that might be able to help you.The Address Confidentiality Program(ACP) works together with communitydomestic violence and sexual assaultprograms in an effort to help keep crimevictims safer.The ACP provides participants with asubstitute address that can be usedwhen conducting business with stateor local government agencies. ACPparticipants are eligible to register asProtected Records Voters, meaning theregistration information is not publicrecord. All ACP participants must bereferred to the program by a localdomestic violence or sexual assaultadvocate who can help develop acomprehensive safety plan.Call the ACP toll-free at (800) 822-1065or visit www.sos.wa.gov/acp.
34Argument ForEngrossed Senate Joint Resolution 8221Engrossed Senate Joint Resolution 8221Argument AgainstEngrossed Senate Joint Resolution 8221Washington’s constitution limits the amount of money thestate is allowed to borrow to finance capital investmentsin schools, university and college buildings, water, sewerand storm water projects, and other public infrastructure.Washington’s excellent credit rating means borrowingcosts are low. The state does not borrow to pay operatingexpenses.The current limit lets debt capacity spike up during goodeconomic times but drops sharply during recessionswhen more capacity is needed for job creation.By lowering the constitutional debt limit from 9 percentto 8 percent and averaging over six years, this measure:Stabilizes and smoothes the state’s ability to borrow;Gradually reduces the state’s long-term debt burden;Lowers the share of the operating budget used to payprincipal and interest (debt service) on the debt; Createsmore stability for construction projects and improvesthe quality of long-term capital planning for education,recreation, and state facilities by averaging general staterevenues over six years and including state propertytaxes in the debt limit calculation; Means less borrowingwhen construction costs are high and more capacityto borrow when costs are lower; and Keeps borrowingcosts low by protecting our excellent credit rating. Adowngrade would cost taxpayers millions. Good creditallows us to use taxpayer money for more projectsinstead of paying higher interest rates.Vote yes to reduce our debt burden, plan our investmentsbetter, get a better deal for taxpayers, and create andsustain jobs here – not on Wall Street.Rebuttal of Argument AgainstVote yes. SJR8221: Doesn’t increase constructionproject costs – it keeps costs down by maintainingWashington’s excellent credit rating. Doesn’t reducejobs – it preserves debt capacity for job-creating projectsduring economic downturns. Doesn’t add costs to schoolsand local governments – state government funds onlya small percent of their infrastructure costs now, whichcan continue without local tax increases. Doesn’t takeproperty taxes away from schools – these taxes must bespent on schools under current law.Argument Prepared byJames McIntire, Washington State Treasurer, Democrat;Hans Dunshee, State Representative, 44th District,Democrat; Linda Evans Parlette, State Senator, 12thDistrict, Republican; Judy Warnick, State Representative,13th District, Republican; Karen Fraser, State Senator,22nd District, DemocratContact: No information submittedStatement against Limiting the State’s Infrastructure InvestmentsSJR 8221 should be rejected because it increases thecosts of infrastructure investments, reduces jobs andshifts money away from schools to other programs. It willhave dire unintended consequences for taxpayers.Undermines Job CreationSchools, community colleges, universities, skills centers,hospitals, water treatment plants, sewers and many othervital public infrastructure projects are funded directlythrough the state’s capital budget. These projects ensurethat Washington has quality facilities to foster economic,job and educational growth. Support infrastructureinvestments necessary for economic growth: Vote no onSJR 8221.Tax Shift to Local GovernmentsBy reducing the state’s capacity to invest in infrastructure,it will shift the burden of funding school construction andother projects to local governments. Local governmentspay higher interest rates on their bonds, resulting inincreased project costs. Ultimately, local governmentswill have to increase taxes to pay for these projects andtaxpayers will pay more for the same facilities. Stop theneed for local tax increases and vote no on SJR 8221.Shifts Property Tax Revenue Away from SchoolsSJR 8221 takes property tax revenues away fromschools and puts it into the state’s general fund whereit will compete against other programs. In the lasttwo years, the legislature has taken roughly $2 billionfrom infrastructure programs and put it into operatingprograms. Now, SJR 8221 will do the same for schoolfunding; shifting it to other programs. Protect schoolfunding and vote no on SJR 8221.Rebuttal of Argument ForWashington State has an excellent credit rating becauseour debt level is low and as a result we have been rewardedwith record low interest rates. SJR 8221 would increase thecost of bond financing by shifting construction financingto revenue bonds or local government bonds, which carrymuch higher interest rates. SJR 8221 shifts property taxesaway from schools. We can’t afford SJR 8221. Vote no onSJR 8221 and protect Washington jobs.Argument Prepared byMarc Jenefsky, AIA, President, American Institute ofArchitects Washington Council; Bob Hasegawa, StateRepresentative, 11th District; Maralyn Chase, State Senator,32nd District; Jeff Johnson, President, Washington StateLabor Council, AFL-CIO; Dave Myers, Executive Secretary,Washington State Building Construction Trades CouncilContact: (360) 943-6012; office@aiawa.org;www.aiawa.org
Senate Joint Resolution 822335Senate Joint Resolution8223Proposed to the People by the LegislatureAmendment to the State Constitution:The Legislature hasproposed a constitutionalamendment oninvestments by theUniversity of Washingtonand Washington StateUniversity.This amendment would create an exception toconstitutional restrictions on investing publicfunds by allowing these universities to investspecified public funds as authorized by thelegislature, including in private companies orstock.Should this constitutional amendment be:[ ] Approved[ ] RejectedVotes cast by the 2012 Legislature on final passage:House: Yeas, 93; Nays, 4; Absent, 0; Excused, 1Senate: Yeas, 45; Nays, 4; Absent, 0; Excused, 0The Official Ballot Title and the Explanatory Statement werewritten by the Office of the Attorney General as required bylaw. The Secretary of State is not responsible for the contentof arguments or statements (WAC 434-381-180). The completetext of Senate Joint Resolution 8223 is located at the end of thispamphlet.Explanatory StatementWritten by the Office of the Attorney GeneralThe Constitutional Provision as it PresentlyExistsThe state constitution generally limits theinvestment of state funds. Article VIII, sections 5 and7 and article XII, section 9 prohibit the investmentof state funds in the stocks and bonds of privatecompanies, associations, or corporations. Previousconstitutional amendments have made exceptionsto these restrictions to permit the legislature toauthorize investment of certain funds in privatestocks and bonds. Funds that currently may beinvested in private stocks and bonds include publicpension and retirement funds, industrial insurance(workers’ compensation) funds, funds held in trustfor persons with developmental disabilities, thepermanent common school fund, and permanenthigher education funds. Permanent highereducation funds are funds primarily derived fromthe sale, lease, or management of lands grantedby the United States to the State of Washington atstatehood for educational purposes.The Effect of the Proposed Amendment,if ApprovedIf the amendment were adopted, it would create anew exception to the constitutional restrictions oninvesting public funds. The state constitution wouldno longer prohibit investment of public moniesof the University of Washington and WashingtonState University in private stocks and bonds.The legislature would specify which funds of theuniversities could be invested and determine howthe funds could be invested.Fiscal Impact StatementWritten by the Office of Financial ManagementNot required by law
36Argument ForSenate Joint Resolution 8223Senate Joint Resolution 8223Argument AgainstSenate Joint Resolution 8223Senate Joint Resolution 8223 – Taking a stand for highereducationThe global recession has resulted in historic reductionsin funding for public higher education. These cuts havecaused universities to limit course offerings, which hasmade it more difficult for students to enroll in the classesthey need to graduate. Washington now ranks 40thnationally in terms of the percentage of residents with abachelor’s degree or more.SJR 8223, supported by broad bipartisan majorities inthe Legislature, would support Washington students byproviding new dollars to our public universities withoutmore tax revenue.The citizens of Washington have already amended thissection of the State Constitution in order to allow higherreturn investments of pension and retirement funds andother public funds. Allowing this investment authorityfor University of Washington and Washington StateUniversity funds is a common sense way to maximizefunding for higher education. Already, the Legislature andvoters have granted the very same investment authorityfor University trust land revenues.Finally, all investments will be managed on behalf of theuniversities by the highly-regarded professionals at theWashington State Investment Board, which is bound bythe highest fiduciary standards.Vote yes for Senate Joint Resolution 8223 to provide amore secure future for our students. Mr. Gates and Mr.Carson have signed this statement in their individualcapacities as private citizens and do not speak forthe University of Washington and Washington StateUniversity nor their respective Board of Regents.Rebuttal of Argument AgainstWith state cuts threatening access and quality of highereducation, SJR 8223 is common sense, responsible reformthat mitigates increased reliance on tuition. Supportedby students, the State Treasurer and bi-partisan electedleaders, this amendment allows existing, dedicated nonstatefunds to be invested responsibly for maximum benefit.The State Investment Board – not universities – will investfunds, guaranteeing independent oversight. To prepare thebusiness and civic leaders of tomorrow requires takingaction today. Vote yes!Argument Prepared byLisa Brown, State Senator, Senate Majority Leader; LarrySeaquist, State Representative, Chair, House HigherEducation Committee; Bill Gates, Sr., Regent, Universityof Washington; Scott Carson, Regent, Washington StateUniversityContact: sjr8223@yahoo.comThis proposed Constitutional amendment does not supporthigher education. It gambles with students’ tuition andother public funds rather than investing in education.Big ChangeThis amendment is tied to a new law (SSB 6468) thatallows UW and WSU to declare public money “notneeded for immediate expenditure” and gamble thatmoney in the stock market, with no limits on what theycan declare “not needed” or how they can invest. Oncethe Constitution is changed, and with universities’ newunlimited tuition setting authority, all bets are off for whatcomes next.Profit or Loss?In 2009 UW’s endowment lost half a billion dollars instocks. Gambling on Wall Street will have disastrouseffects when the stock market crashes again, cutting intouniversity operating funds.Holding BackUW and WSU held $1.5 billion in cash during the financialcrisis. They fired workers, cut services, and increasedtuition, making things worse. They prioritized holding cashover instructional programs. They are rich, but plead poor.Education LastUW and WSU want “flexibility” to run peripheral enterprises- hospitals, internal banks, venture funds, sports teams - byholding public money as collateral. “Flexibility” meansmaking education last in line for support. Greed Mentality.This is a bad Constitutional amendment. It perpetuates thegreed mentality Wall Street wants us to buy into. Do youwant UW and WSU speculating on stocks or investing ineducation? Vote No. Send UW and WSU a clear messageabout our education priorities.Rebuttal of Argument ForThe proposed exception allows UW and WSU to gambleon stocks with operating funds. Prior constitutionalexceptions are for trust funds. The State InvestmentBoard also lost 23% in the crash. The scheme diverts fromoperations, without limitations, ten times the money itmight make, and no guarantee that proceeds will eversupport students. The legislature voted to let the publicdecide if this is bad policy. Don’t let universities divertoperating funds to stocks.Argument Prepared byGerald Barnett, Ph.D., Citizen; Maralyn Chase, State Senator,32nd District; Bob Hasegawa, State Representative, 11thDistrict; Jim McCune, State Representative, 2nd District;Sharon Tomiko Santos, State Representative, 37th DistrictContact: (206) 587-5554; Info@publicmission.org;www.publicmission.org
Advisory Vote 137Advisory Vote1Engrossed Senate Bill 6635Advisory Vote of thePeopleThe legislature eliminated, without a vote of thepeople, a business and occupation tax deductionfor certain financial institutions’ interest onresidential loans, costing $170,000,000 in its firstten years, for government spending.This tax increase should be:[ ] Repealed[ ] MaintainedWhat is an Advisory Vote?Advisory Votes are non-binding;the results do not change the law.You are advising the Legislature whether,in your opinion, this tax increase shouldbe repealed or maintained.Repealed - you don’t favor the taxincrease passed by the Legislature.Maintained - you favor the tax increasepassed by the Legislature.Advisory Votes are the result of Initiative960, approved by voters in 2007. Thevoters’ pamphlet content required forAdvisory Votes differs from other stateballot measures (RCW 29A.32.070).For additional information aboutEngrossed Senate Bill 6635, includingthe complete text of the bill, visitwww.vote.wa.gov/completetext or call(800) 448-4881.The official short description was written by the Office ofthe Attorney General as required by law. The ten-year costprojection was provided by the Office of Financial Managementas required by law. The Secretary of State is not responsiblefor this content (WAC 434-381-180).Ten-Year Cost ProjectionProvided by the Office of Financial ManagementEngrossed Senate Bill 6635FiscalYear2012B&O Tax:CertainFinancialInstitutionsB&O Tax:Manufacturersof AgriculturalProductsB&O Tax:NewspapersLeasehold ExciseTax: PubliclyOwned CargoCranes and DocksRetail SalesTax: DataCenter ServerEquipment2013 $14,472,000 -$6,692,000 -$7,000 -$5,027,000 $2,746,0002014 $15,080,000 -$7,300,000 -$8,000 -$5,749,000 -$2,384,000 -$361,0002015 $17,296,000 -$7,300,000 -$7,000 -$6,026,000 -$4,769,000 -$806,0002016 $19,144,000 -$6,317,000 -$7,153,000 $5,674,0002017 $20,704,000 -$6,622,000 -$11,922,000 $2,160,0002018 $20,704,000 -$6,942,000 -$11,922,000 $1,840,0002019 $20,704,000 -$7,277,000 -$11,922,000 $1,505,0002020 $20,704,000 -$7,629,000 -$14,306,000 -$1,231,0002021 $20,704,000 -$7,997,000 $12,707,000Total $169,512,000 -$21,292,000 -$22,000 -$59,586,000 -$64,378,000 $24,234,000TotalWhy doesn’t thecost of the taxincrease match thetotal ten-year costprojection?The estimated costof the Business andOccupation (B&O)tax increase is $170million, rounded tothe nearest millionas required by I-960.ESB 6635 alsodecreases othertaxes. The$24,234,000 totalincludes those taxdecreases.
38 Advisory Vote 1Final passage votes forEngrossed Senate Bill 6635Senate: Yeas, 35District 1Sen. Rosemary McAuliffe(D, Bothell), (360) 786-7600,rosemary.mcauliffe@leg.wa.govDistrict 2Sen. Randi Becker(R, Eatonville), (360) 786-7602,randi.becker@leg.wa.govDistrict 3Sen. Lisa Brown(D, Spokane), (360) 786-7604,lisa.brown@leg.wa.govDistrict 6Sen. Michael Baumgartner(R, Spokane), (360) 786-7610,michael.baumgartner@leg.wa.govDistrict 8Sen. Jerome Delvin(R, Richland), (360) 786-7614,jerome.delvin@leg.wa.govDistrict 10Sen. Mary Margaret Haugen(D, Camano Island), (360) 786-7618, marymargaret.haugen@leg.wa.govDistrict 11Sen. Margarita Prentice(D, Renton), (360) 786-7616,margarita.prentice@leg.wa.govDistrict 12Sen. Linda Evans Parlette(R, Wenatchee), (360) 786-7622,linda.parlette@leg.wa.govDistrict 13Sen. Janéa Holmquist Newbry(R, Moses Lake), (360) 786-7624,janea.holmquistnewbry@leg.wa.govDistrict 14Sen. Curtis King(R, Yakima), (360) 786-7626,curtis.king@leg.wa.govDistrict 15Sen. Jim Honeyford(R, Sunnyside), (360) 786-7684,jim.honeyford@leg.wa.govDistrict 18Sen. Joe Zarelli(R, Vancouver),no longer in officeDistrict 19Sen. Brian Hatfield(D, Raymond), (360) 786-7636,brian.hatfield@leg.wa.govDistrict 20Sen. Dan Swecker(R, Rochester), (360) 786-7638,dan.swecker@leg.wa.govDistrict 21Sen. Paull Shin(D, Edmonds), (360) 786-7640,paull.shin@leg.wa.govDistrict 22Sen. Karen Fraser(D, Olympia), (360) 786-7642,karen.fraser@leg.wa.govDistrict 24Sen. James Hargrove(D, Hoquiam), (360) 786-7646,jim.hargrove@leg.wa.govDistrict 25Sen. Jim Kastama(D, Puyallup), (360) 786-7648,jim.kastama@leg.wa.govDistrict 26Sen. Derek Kilmer(D, Gig Harbor), (360) 786-7650,derek.kilmer@leg.wa.govDistrict 27Sen. Debbie Regala(D, Tacoma), (360) 786-7652,debbie.regala@leg.wa.govDistrict 29Sen. Steve Conway(D, Tacoma), (360) 786-7656,steve.conway@leg.wa.govDistrict 30Sen. Tracey Eide(D, Federal Way), (360) 786-7658,tracey.eide@leg.wa.govDistrict 31Sen. Pam Roach(R, Auburn), (360) 786-7660,pam.roach@leg.wa.govDistrict 32Sen. Maralyn Chase(D, Shoreline), (360) 786-7662,maralyn.chase@leg.wa.govDistrict 35Sen. Tim Sheldon(D, Potlatch), (360) 786-7668,timothy.sheldon@leg.wa.govDistrict 36Sen. Jeanne Kohl-Welles(D, Seattle), (360) 786-7670,jeanne.kohl-welles@leg.wa.govDistrict 37Sen. Adam Kline(D, Seattle), (360) 786-7688,adam.kline@leg.wa.govDistrict 38Sen. Nick Harper(D, Everett), (360) 786-7674,nick.harper@leg.wa.govDistrict 41Sen. Steve Litzow(R, Mercer Island), (360) 786-7641, steve.litzow@leg.wa.govDistrict 43Sen. Ed Murray(D, Seattle), (360) 786-7628,edward.murray@leg.wa.govDistrict 44Sen. Steve Hobbs(D, Lake Stevens), (360) 786-7686, steve.hobbs@leg.wa.govDistrict 45Sen. Andy Hill(R, Redmond), (360) 786-7672,andy.hill@leg.wa.govDistrict 47Sen. Joe Fain(R, Auburn), (360) 786-7692,joe.fain@leg.wa.govDistrict 48Sen. Rodney Tom(D, Bellevue), (360) 786-7694,rodney.tom@leg.wa.govDistrict 49Sen. Craig Pridemore(D, Vancouver), (360) 786-7696,craig.pridemore@leg.wa.govSenate: Nays, 10District 4Sen. Mike Padden(R, Spokane Valley), (360) 786-7606, mike.padden@leg.wa.govDistrict 9Sen. Mark Schoesler(R, Ritzville), (360) 786-7620,mark.schoesler@leg.wa.govDistrict 17Sen. Don Benton(R, Vancouver), (360) 786-7632,don.benton@leg.wa.govDistrict 23Sen. Christine Rolfes(D, Bainbridge Island), (360)786-7644, christine.rolfes@leg.wa.govDistrict 28Sen. Mike Carrell(R, Lakewood), (360) 786-7654,michael.carrell@leg.wa.govDistrict 33Sen. Karen Keiser(D, Kent), (360) 786-7664,karen.keiser@leg.wa.govDistrict 34Sen. Sharon Nelson(D, Seattle), (360) 786-7667,sharon.nelson@leg.wa.govDistrict 40Sen. Kevin Ranker(D, Orcas Island), (360) 786-7678,kevin.ranker@leg.wa.govDistrict 42Sen. Doug Ericksen(R, Ferndale), (360) 786-7682,doug.ericksen@leg.wa.govDistrict 46Sen. David Frockt(D, Seattle), (360) 786-7690,david.frockt@leg.wa.govSenate: Absent, 1District 5Sen. Cheryl Pflug(R, Maple Valley),no longer in officeSenate: Excused, 3District 7Sen. Bob Morton(R, Kettle Falls), (360) 786-7612,bob.morton@leg.wa.govDistrict 16Sen. Mike Hewitt(R, Walla Walla), (360) 786-7630,mike.hewitt@leg.wa.govDistrict 39Sen. Val Stevens(R, Arlington), (360) 786-7676,val.stevens@leg.wa.govInitiative 960, approved by voters in 2007, requires each Advisory Vote to include a list of every Legislator, how theyvoted on the bill, and their party preference, hometown, and contact information.
Advisory Vote 139House ofRepresentatives:Yeas, 74District 1Rep. Derek Stanford(D, Bothell), (360) 786-7928,derek.stanford@leg.wa.govRep. Luis Moscoso(D, Mountlake Terrace), (360)786-7900, luis.moscoso@leg.wa.govDistrict 2Rep. Jim McCune(R, Graham), (360) 786-7824,jim.mccune@leg.wa.govRep. J.T. Wilcox(R, Yelm), (360) 786-7912,jt.wilcox@leg.wa.govDistrict 3Rep. Andy Billig(D, Spokane), (360) 786-7888,andy.billig@leg.wa.govRep. Timm Ormsby(D, Spokane), (360) 786-7946,timm.ormsby@leg.wa.govDistrict 4Rep. Larry Crouse(R, Spokane Valley), (360) 786-7820, larry.crouse@leg.wa.govRep. Matt Shea(R, Spokane Valley), (360) 786-7984, matt.shea@leg.wa.govDistrict 5Rep. Jay Rodne(R, North Bend), (360) 786-7852,jay.rodne@leg.wa.govRep. Glenn Anderson(R, Fall City), (360) 786-7876,glenn.anderson@leg.wa.govDistrict 6Rep. Kevin Parker(R, Spokane), (360) 786-7922,kevin.parker@leg.wa.govRep. John Ahern(R, Spokane), (360) 786-7962,john.ahern@leg.wa.govDistrict 7Rep. Shelly Short(R, Addy), (360) 786-7908,shelly.short@leg.wa.govRep. Joel Kretz(R, Wauconda), (360) 786-7988,joel.kretz@leg.wa.govDistrict 8Rep. Brad Klippert(R, Kennewick), (360) 786-7882,brad.klippert@leg.wa.govRep. Larry Haler(R, Richland), (360) 786-7986,larry.haler@leg.wa.govDistrict 9Rep. Susan Fagan(R, Pullman), (360) 786-7942,susan.fagan@leg.wa.govRep. Joe Schmick(R, Colfax), (360) 786-7844,joe.schmick@leg.wa.govDistrict 10Rep. Norma Smith(R, Clinton), (360) 786-7884,norma.smith@leg.wa.govRep. Barbara Bailey(R, Oak Harbor), (360) 786-7914,barbara.bailey@leg.wa.govDistrict 12Rep. Cary Condotta(R, East Wenatchee), (360)786-7954, cary.condotta@leg.wa.govRep. Mike Armstrong(R, Wenatchee), (360) 786-7832,mike.armstrong@leg.wa.govDistrict 13Rep. Judy Warnick(R, Moses Lake), (360) 786-7932,judy.warnick@leg.wa.govRep. Bill Hinkle(R, Cle Elum), (360) 786-7808,bill.hinkle@leg.wa.govDistrict 14Rep. Norm Johnson(R, Yakima), (360) 786-7810,norm.johnson@leg.wa.govRep. Charles Ross(R, Naches), (360) 786-7856,charles.ross@leg.wa.govDistrict 16Rep. Maureen Walsh(R, Walla Walla), (360) 786-7836,maureen.walsh@leg.wa.govRep. Terry Nealey(R, Dayton), (360) 786-7828,terry.nealey@leg.wa.govDistrict 17Rep. Paul Harris(R, Vancouver), (360) 786-7976,paul.harris@leg.wa.govDistrict 18Rep. Ed Orcutt(R, Kalama), (360) 786-7812,ed.orcutt@leg.wa.govDistrict 19Rep. Dean Takko(D, Longview), (360) 786-7806,dean.takko@leg.wa.govRep. Brian Blake(D, Aberdeen), (360) 786-7870,brian.blake@leg.wa.govDistrict 20Rep. Richard DeBolt(R, Chehalis), (360) 786-7896,richard.debolt@leg.wa.govRep. Gary Alexander(R, Olympia), (360) 786-7990,gary.alexander@leg.wa.govDistrict 21Rep. Marko Liias(D, Mukilteo), (360) 786-7972,marko.liias@leg.wa.govDistrict 22Rep. Sam Hunt(D, Olympia), (360) 786-7992,sam.hunt@leg.wa.govDistrict 24Rep. Kevin Van De Wege(D, Sequim), (360) 786-7916,kevin.vandewege@leg.wa.govDistrict 25Rep. Bruce Dammeier(R, Puyallup), (360) 786-7948,bruce.dammeier@leg.wa.govRep. Hans Zeiger(R, Puyallup), (360) 786-7968,hans.zeiger@leg.wa.govDistrict 26Rep. Jan Angel(R, Port Orchard), (360) 786-7964, jan.angel@leg.wa.govRep. Larry Seaquist(D, Gig Harbor), (360) 786-7802,larry.seaquist@leg.wa.govDistrict 27Rep. Laurie Jinkins(D, Tacoma), (360) 786-7930,laurie.jinkins@leg.wa.govDistrict 28Rep. Troy Kelley(D, Tacoma), (360) 786-7890,troy.kelley@leg.wa.govRep. Tami Green(D, Lakewood), (360) 786-7958,tami.green@leg.wa.govDistrict 29Rep. Steve Kirby(D, Tacoma), (360) 786-7996,steve.kirby@leg.wa.govDistrict 30Rep. Mark Miloscia(D, Federal Way), (360) 786-7898,mark.miloscia@leg.wa.govRep. Katrina Asay(R, Milton), (360) 786-7830,katrina.asay@leg.wa.govDistrict 31Rep. Cathy Dahlquist(R, Enumclaw), (360) 786-7846,cathy.dahlquist@leg.wa.govDistrict 34Rep. Eileen Cody(D, Seattle), (360) 786-7978,eileen.cody@leg.wa.govDistrict 35Rep. Kathy Haigh(D, Shelton), (360) 786-7966,kathy.haigh@leg.wa.govRep. Fred Finn(D, Belfair), (360) 786-7902,fred.finn@leg.wa.govDistrict 36Rep. Mary Lou Dickerson(D, Seattle), (360) 786-7860,marylou.dickerson@leg.wa.govDistrict 37Rep. Sharon Tomiko Santos(D, Seattle), (360) 786-7944,sharontomiko.santos@leg.wa.govRep. Eric Pettigrew(D, Seattle), (360) 786-7838,eric.pettigrew@leg.wa.govDistrict 38Rep. Mike Sells(D, Everett), (360) 786-7840,mike.sells@leg.wa.govDistrict 39Rep. Dan Kristiansen(R, Snohomish), (360) 786-7967,dan.kristiansen@leg.wa.govRep. Kirk Pearson(R, Monroe), (360) 786-7816,kirk.pearson@leg.wa.govDistrict 40Rep. Kristine Lytton(D, Anacortes), (360) 786-7800,kristine.lytton@leg.wa.govRep. Jeff Morris(D, Anacortes), (360) 786-7970,jeff.morris@leg.wa.govInitiative 960, approved by voters in 2007, requires each Advisory Vote to include a list of every Legislator, how theyvoted on the bill, and their party preference, hometown, and contact information.
40 Advisory Vote 1District 41Rep. Marcie Maxwell(D, Renton), (360) 786-7894,marcie.maxwell@leg.wa.govRep. Judy Clibborn(D, Mercer Island), (360) 786-7926, judy.clibborn@leg.wa.govDistrict 42Rep. Jason Overstreet(R, Lynden), (360) 786-7980,jason.overstreet@leg.wa.govRep. Vincent Buys(R, Lynden), (360) 786-7854,vincent.buys@leg.wa.govDistrict 43Rep. Frank Chopp(D, Seattle), (360) 786-7920,frank.chopp@leg.wa.govDistrict 44Rep. Hans Dunshee(D, Snohomish), (360) 786-7804,hans.dunshee@leg.wa.govDistrict 45Rep. Roger Goodman(D, Kirkland), (360) 786-7878,roger.goodman@leg.wa.govRep. Larry Springer(D, Kirkland), (360) 786-7822,larry.springer@leg.wa.govDistrict 46Rep. Gerry Pollet(D, Seattle), (360) 786-7886,gerry.pollet@leg.wa.govRep. Phyllis Gutierrez Kenney(D, Seattle), (360) 786-7818,phyllis.kenney@leg.wa.govDistrict 47Rep. Mark Hargrove(R, Covington), (360) 786-7918,mark.hargrove@leg.wa.govRep. Pat Sullivan(D, Covington), (360) 786-7858,pat.sullivan@leg.wa.govDistrict 48Rep. Ross Hunter(D, Bellevue), (360) 786-7936,ross.hunter@leg.wa.govRep. Deb Eddy(D, Kirkland), (360) 786-7848,deborah.eddy@leg.wa.govDistrict 49Rep. Sharon Wylie(D, Vancouver), (360) 786-7924,sharon.wylie@leg.wa.govHouse ofRepresentatives:Nays, 24District 11Rep. Zack Hudgins(D, Tukwila), (360) 786-7956,zack.hudgins@leg.wa.govRep. Bob Hasegawa(D, Seattle), (360) 786-7862,bob.hasegawa@leg.wa.govDistrict 15Rep. Bruce Chandler(R, Granger), (360) 786-7960,bruce.chandler@leg.wa.govRep. David Taylor(R, Moxee), (360) 786-7874,david.taylor@leg.wa.govDistrict 17Rep. Tim Probst(D, Vancouver), (360) 786-7994,tim.probst@leg.wa.govDistrict 18Rep. Ann Rivers(R, LaCenter), (360) 786-7634,ann.rivers@leg.wa.govDistrict 21Rep. Mary Helen Roberts(D, Lynnwood), (360) 786-7950,maryhelen.roberts@leg.wa.govDistrict 22Rep. Chris Reykdal(D, Tumwater), (360) 786-7940,chris.reykdal@leg.wa.govDistrict 23Rep. Sherry Appleton(D, Poulsbo), (360) 786-7934,sherry.appleton@leg.wa.govRep. Drew Hansen(D, Bainbridge Island), (360)786-7842, drew.hansen@leg.wa.govDistrict 24Rep. Steve Tharinger(D, Dungeness), (360) 786-7904,steve.tharinger@leg.wa.govDistrict 27Rep. Jeannie Darneille(D, Tacoma), (360) 786-7974,j.darneille@leg.wa.govDistrict 29Rep. Connie Ladenburg(D, Tacoma), (360) 786-7906,connie.ladenburg@leg.wa.govDistrict 31Rep. Christopher Hurst(D, Enumclaw), (360) 786-7866,christopher.hurst@leg.wa.govDistrict 32Rep. Cindy Ryu(D, Seattle), (360) 786-7880,cindy.ryu@leg.wa.govRep. Ruth Kagi(D, Lake Forest Park), (360) 786-7910, ruth.kagi@leg.wa.govDistrict 33Rep. Tina Orwall(D, Normandy Park), (360) 786-7834, tina.orwall@leg.wa.govRep. Dave Upthegrove(D, Des Moines), (360) 786-7868,dave.upthegrove@leg.wa.govDistrict 34Rep. Joe Fitzgibbon(D, Burien), (360) 786-7952,joe.fitzgibbon@leg.wa.govDistrict 36Rep. Reuven Carlyle(D, Seattle), (360) 786-7814,reuven.carlyle@leg.wa.govDistrict 38Rep. John McCoy(D, Tulalip), (360) 786-7864,john.mccoy@leg.wa.govDistrict 43Rep. Jamie Pedersen(D, Seattle), (360) 786-7826,jamie.pedersen@leg.wa.govDistrict 44Rep. Mike Hope(R, Lake Stevens), (360) 786-7892, mike.hope@leg.wa.govDistrict 49Rep. Jim Moeller(D, Vancouver), (360) 786-7872,jim.moeller@leg.wa.govHouse ofRepresentatives:Absent, 0House ofRepresentatives:Excused, 0Initiative 960, approved by voters in 2007, requires each Advisory Vote to include a list of every Legislator, how theyvoted on the bill, and their party preference, hometown, and contact information.
Advisory Vote 241Advisory Vote2Substitute House Bill 2590Advisory Vote of thePeopleThe legislature extended, without a vote of thepeople, expiration of a tax on possession ofpetroleum products and reduced the tax rate,costing $24,000,000 in its first ten years, forgovernment spending.This tax increase should be:[ ] Repealed[ ] MaintainedWhat is an Advisory Vote?Advisory Votes are non-binding;the results do not change the law.You are advising the Legislature whether,in your opinion, this tax increase shouldbe repealed or maintained.Repealed - you don’t favor the taxincrease passed by the Legislature.Maintained - you favor the tax increasepassed by the Legislature.Advisory Votes are the result of Initiative960, approved by voters in 2007. Thevoters’ pamphlet content required forAdvisory Votes differs from other stateballot measures (RCW 29A.32.070).For additional information aboutSubstitute House Bill 2590, includingthe complete text of the bill, visitwww.vote.wa.gov/completetext or call(800) 448-4881.The official short description was written by the Officeof the Attorney General as required by law. The ten-yearcost projection was provided by the Office of FinancialManagement as required by law. The Secretary of State is notresponsible for this content (WAC 434-381-180).Ten-Year Cost ProjectionProvided by the Office of Financial ManagementSubstitute House Bill 2590Fiscal YearPetroleum Products Tax201220132014201520162017 $20,209,0002018 $4,279,000201920202021Total $24,488,000
42Advisory Vote 2Final passage votes forSubstitute House Bill 2590House ofRepresentatives:Yeas, 93District 1Rep. Derek Stanford(D, Bothell), (360) 786-7928,derek.stanford@leg.wa.govRep. Luis Moscoso(D, Mountlake Terrace), (360)786-7900, luis.moscoso@leg.wa.govDistrict 2Rep. Jim McCune(R, Graham), (360) 786-7824,jim.mccune@leg.wa.govRep. J.T. Wilcox(R, Yelm), (360) 786-7912,jt.wilcox@leg.wa.govDistrict 3Rep. Andy Billig(D, Spokane), (360) 786-7888,andy.billig@leg.wa.govRep. Timm Ormsby(D, Spokane), (360) 786-7946,timm.ormsby@leg.wa.govDistrict 4Rep. Larry Crouse(R, Spokane Valley), (360) 786-7820, larry.crouse@leg.wa.govRep. Matt Shea(R, Spokane Valley), (360) 786-7984, matt.shea@leg.wa.govDistrict 6Rep. Kevin Parker(R, Spokane), (360) 786-7922,kevin.parker@leg.wa.govRep. John Ahern(R, Spokane), (360) 786-7962,john.ahern@leg.wa.govDistrict 7Rep. Shelly Short(R, Addy), (360) 786-7908,shelly.short@leg.wa.govRep. Joel Kretz(R, Wauconda), (360) 786-7988,joel.kretz@leg.wa.govDistrict 8Rep. Brad Klippert(R, Kennewick), (360) 786-7882,brad.klippert@leg.wa.govRep. Larry Haler(R, Richland), (360) 786-7986,larry.haler@leg.wa.govDistrict 9Rep. Susan Fagan(R, Pullman), (360) 786-7942,susan.fagan@leg.wa.govRep. Joe Schmick(R, Colfax), (360) 786-7844,joe.schmick@leg.wa.govDistrict 10Rep. Norma Smith(R, Clinton), (360) 786-7884,norma.smith@leg.wa.govRep. Barbara Bailey(R, Oak Harbor), (360) 786-7914,barbara.bailey@leg.wa.govDistrict 11Rep. Zack Hudgins(D, Tukwila), (360) 786-7956,zack.hudgins@leg.wa.govRep. Bob Hasegawa(D, Seattle), (360) 786-7862,bob.hasegawa@leg.wa.govDistrict 12Rep. Cary Condotta(R, East Wenatchee), (360)786-7954, cary.condotta@leg.wa.govRep. Mike Armstrong(R, Wenatchee), (360) 786-7832,mike.armstrong@leg.wa.govDistrict 13Rep. Judy Warnick(R, Moses Lake), (360) 786-7932,judy.warnick@leg.wa.govDistrict 14Rep. Norm Johnson(R, Yakima), (360) 786-7810,norm.johnson@leg.wa.govRep. Charles Ross(R, Naches), (360) 786-7856,charles.ross@leg.wa.govDistrict 15Rep. Bruce Chandler(R, Granger), (360) 786-7960,bruce.chandler@leg.wa.govRep. David Taylor(R, Moxee), (360) 786-7874,david.taylor@leg.wa.govDistrict 16Rep. Maureen Walsh(R, Walla Walla), (360) 786-7836,maureen.walsh@leg.wa.govRep. Terry Nealey(R, Dayton), (360) 786-7828,terry.nealey@leg.wa.govDistrict 17Rep. Tim Probst(D, Vancouver), (360) 786-7994,tim.probst@leg.wa.govRep. Paul Harris(R, Vancouver), (360) 786-7976,paul.harris@leg.wa.govDistrict 18Rep. Ann Rivers(R, LaCenter), (360) 786-7634,ann.rivers@leg.wa.govRep. Ed Orcutt(R, Kalama), (360) 786-7812,ed.orcutt@leg.wa.govDistrict 19Rep. Dean Takko(D, Longview), (360) 786-7806,dean.takko@leg.wa.govRep. Brian Blake(D, Aberdeen), (360) 786-7870,brian.blake@leg.wa.govDistrict 20Rep. Richard DeBolt(R, Chehalis), (360) 786-7896,richard.debolt@leg.wa.govRep. Gary Alexander(R, Olympia), (360) 786-7990,gary.alexander@leg.wa.govDistrict 21Rep. Mary Helen Roberts(D, Lynnwood), (360) 786-7950,maryhelen.roberts@leg.wa.govRep. Marko Liias(D, Mukilteo), (360) 786-7972,marko.liias@leg.wa.govDistrict 22Rep. Chris Reykdal(D, Tumwater), (360) 786-7940,chris.reykdal@leg.wa.govRep. Sam Hunt(D, Olympia), (360) 786-7992,sam.hunt@leg.wa.govDistrict 23Rep. Sherry Appleton(D, Poulsbo), (360) 786-7934,sherry.appleton@leg.wa.govRep. Drew Hansen(D, Bainbridge Island), (360)786-7842, drew.hansen@leg.wa.govDistrict 24Rep. Kevin Van De Wege(D, Sequim), (360) 786-7916,kevin.vandewege@leg.wa.govRep. Steve Tharinger(D, Dungeness), (360) 786-7904,steve.tharinger@leg.wa.govDistrict 25Rep. Bruce Dammeier(R, Puyallup), (360) 786-7948,bruce.dammeier@leg.wa.govRep. Hans Zeiger(R, Puyallup), (360) 786-7968,hans.zeiger@leg.wa.govDistrict 26Rep. Jan Angel(R, Port Orchard), (360) 786-7964, jan.angel@leg.wa.govDistrict 27Rep. Laurie Jinkins(D, Tacoma), (360) 786-7930,laurie.jinkins@leg.wa.govRep. Jeannie Darneille(D, Tacoma), (360) 786-7974,j.darneille@leg.wa.govDistrict 28Rep. Troy Kelley(D, Tacoma), (360) 786-7890,troy.kelley@leg.wa.govRep. Tami Green(D, Lakewood), (360) 786-7958,tami.green@leg.wa.govDistrict 29Rep. Connie Ladenburg(D, Tacoma), (360) 786-7906,connie.ladenburg@leg.wa.govRep. Steve Kirby(D, Tacoma), (360) 786-7996,steve.kirby@leg.wa.govDistrict 30Rep. Mark Miloscia(D, Federal Way), (360) 786-7898,mark.miloscia@leg.wa.govRep. Katrina Asay(R, Milton), (360) 786-7830,katrina.asay@leg.wa.govInitiative 960, approved by voters in 2007, requires each Advisory Vote to include a list of every Legislator, how theyvoted on the bill, and their party preference, hometown, and contact information.
Advisory Vote 243District 31Rep. Cathy Dahlquist(R, Enumclaw), (360) 786-7846,cathy.dahlquist@leg.wa.govRep. Christopher Hurst(D, Enumclaw), (360) 786-7866,christopher.hurst@leg.wa.govDistrict 32Rep. Cindy Ryu(D, Seattle), (360) 786-7880,cindy.ryu@leg.wa.govRep. Ruth Kagi(D, Lake Forest Park), (360) 786-7910, ruth.kagi@leg.wa.govDistrict 38Rep. John McCoy(D, Tulalip), (360) 786-7864,john.mccoy@leg.wa.govRep. Mike Sells(D, Everett), (360) 786-7840,mike.sells@leg.wa.govDistrict 39Rep. Dan Kristiansen(R, Snohomish), (360) 786-7967,dan.kristiansen@leg.wa.govRep. Kirk Pearson(R, Monroe), (360) 786-7816,kirk.pearson@leg.wa.govDistrict 46Rep. Gerry Pollet(D, Seattle), (360) 786-7886,gerry.pollet@leg.wa.govRep. Phyllis Gutierrez Kenney(D, Seattle), (360) 786-7818,phyllis.kenney@leg.wa.govDistrict 47Rep. Mark Hargrove(R, Covington), (360) 786-7918,mark.hargrove@leg.wa.govRep. Pat Sullivan(D, Covington), (360) 786-7858,pat.sullivan@leg.wa.govDistrict 13Rep. Bill Hinkle(R, Cle Elum), (360) 786-7808,bill.hinkle@leg.wa.govDistrict 26Rep. Larry Seaquist(D, Gig Harbor), (360) 786-7802,larry.seaquist@leg.wa.govDistrict 33Rep. Tina Orwall(D, Normandy Park), (360) 786-7834, tina.orwall@leg.wa.govRep. Dave Upthegrove(D, Des Moines), (360) 786-7868,dave.upthegrove@leg.wa.govDistrict 40Rep. Kristine Lytton(D, Anacortes), (360) 786-7800,kristine.lytton@leg.wa.govRep. Jeff Morris(D, Anacortes), (360) 786-7970,jeff.morris@leg.wa.govDistrict 48Rep. Ross Hunter(D, Bellevue), (360) 786-7936,ross.hunter@leg.wa.govRep. Deb Eddy(D, Kirkland), (360) 786-7848,deborah.eddy@leg.wa.govDistrict 34Rep. Eileen Cody(D, Seattle), (360) 786-7978,eileen.cody@leg.wa.govRep. Joe Fitzgibbon(D, Burien), (360) 786-7952,joe.fitzgibbon@leg.wa.govDistrict 41Rep. Marcie Maxwell(D, Renton), (360) 786-7894,marcie.maxwell@leg.wa.govRep. Judy Clibborn(D, Mercer Island), (360) 786-7926, judy.clibborn@leg.wa.govDistrict 49Rep. Sharon Wylie(D, Vancouver), (360) 786-7924,sharon.wylie@leg.wa.govRep. Jim Moeller(D, Vancouver), (360) 786-7872,jim.moeller@leg.wa.govDistrict 35Rep. Kathy Haigh(D, Shelton), (360) 786-7966,kathy.haigh@leg.wa.govRep. Fred Finn(D, Belfair), (360) 786-7902,fred.finn@leg.wa.govDistrict 36Rep. Reuven Carlyle(D, Seattle), (360) 786-7814,reuven.carlyle@leg.wa.govRep. Mary Lou Dickerson(D, Seattle), (360) 786-7860,marylou.dickerson@leg.wa.govDistrict 37Rep. Sharon Tomiko Santos(D, Seattle), (360) 786-7944,sharontomiko.santos@leg.wa.govRep. Eric Pettigrew(D, Seattle), (360) 786-7838,eric.pettigrew@leg.wa.govDistrict 42Rep. Vincent Buys(R, Lynden), (360) 786-7854,vincent.buys@leg.wa.govDistrict 43Rep. Jamie Pedersen(D, Seattle), (360) 786-7826,jamie.pedersen@leg.wa.govRep. Frank Chopp(D, Seattle), (360) 786-7920,frank.chopp@leg.wa.govDistrict 44Rep. Hans Dunshee(D, Snohomish), (360) 786-7804,hans.dunshee@leg.wa.govRep. Mike Hope(R, Lake Stevens), (360) 786-7892, mike.hope@leg.wa.govDistrict 45Rep. Roger Goodman(D, Kirkland), (360) 786-7878,roger.goodman@leg.wa.govRep. Larry Springer(D, Kirkland), (360) 786-7822,larry.springer@leg.wa.govHouse ofRepresentatives:Nays, 1District 42Rep. Jason Overstreet(R, Lynden), (360) 786-7980,jason.overstreet@leg.wa.govHouse ofRepresentatives:Absent, 0House ofRepresentatives:Excused, 4District 5Rep. Jay Rodne(R, North Bend), (360) 786-7852,jay.rodne@leg.wa.govRep. Glenn Anderson(R, Fall City), (360) 786-7876,glenn.anderson@leg.wa.govInitiative 960, approved by voters in 2007, requires each Advisory Vote to include a list of every Legislator, how theyvoted on the bill, and their party preference, hometown, and contact information.
44Advisory Vote 2Senate: Yeas, 40District 1Sen. Rosemary McAuliffe(D, Bothell), (360) 786-7600,rosemary.mcauliffe@leg.wa.govDistrict 2Sen. Randi Becker(R, Eatonville), (360) 786-7602,randi.becker@leg.wa.govDistrict 3Sen. Lisa Brown(D, Spokane), (360) 786-7604,lisa.brown@leg.wa.govDistrict 4Sen. Mike Padden(R, Spokane Valley), (360) 786-7606, mike.padden@leg.wa.govDistrict 6Sen. Michael Baumgartner(R, Spokane), (360) 786-7610,michael.baumgartner@leg.wa.govDistrict 7Sen. Bob Morton(R, Kettle Falls), (360) 786-7612,bob.morton@leg.wa.govDistrict 8Sen. Jerome Delvin(R, Richland), (360) 786-7614,jerome.delvin@leg.wa.govDistrict 9Sen. Mark Schoesler(R, Ritzville), (360) 786-7620,mark.schoesler@leg.wa.govDistrict 10Sen. Mary Margaret Haugen(D, Camano Island), (360) 786-7618, marymargaret.haugen@leg.wa.govDistrict 11Sen. Margarita Prentice(D, Renton), (360) 786-7616,margarita.prentice@leg.wa.govDistrict 12Sen. Linda Evans Parlette(R, Wenatchee), (360) 786-7622,linda.parlette@leg.wa.govDistrict 13Sen. Janéa Holmquist Newbry(R, Moses Lake), (360) 786-7624,janea.holmquistnewbry@leg.wa.govDistrict 14Sen. Curtis King(R, Yakima), (360) 786-7626,curtis.king@leg.wa.govDistrict 15Sen. Jim Honeyford(R, Sunnyside), (360) 786-7684,jim.honeyford@leg.wa.govDistrict 17Sen. Don Benton(R, Vancouver), (360) 786-7632,don.benton@leg.wa.govDistrict 19Sen. Brian Hatfield(D, Raymond), (360) 786-7636,brian.hatfield@leg.wa.govDistrict 20Sen. Dan Swecker(R, Rochester), (360) 786-7638,dan.swecker@leg.wa.govDistrict 21Sen. Paull Shin(D, Edmonds), (360) 786-7640,paull.shin@leg.wa.govDistrict 22Sen. Karen Fraser(D, Olympia), (360) 786-7642,karen.fraser@leg.wa.govDistrict 23Sen. Christine Rolfes(D, Bainbridge Island), (360)786-7644, christine.rolfes@leg.wa.govDistrict 24Sen. James Hargrove(D, Hoquiam), (360) 786-7646,jim.hargrove@leg.wa.govDistrict 25Sen. Jim Kastama(D, Puyallup), (360) 786-7648,jim.kastama@leg.wa.govDistrict 26Sen. Derek Kilmer(D, Gig Harbor), (360) 786-7650,derek.kilmer@leg.wa.govDistrict 27Sen. Debbie Regala(D, Tacoma), (360) 786-7652,debbie.regala@leg.wa.govDistrict 28Sen. Mike Carrell(R, Lakewood), (360) 786-7654,michael.carrell@leg.wa.govDistrict 29Sen. Steve Conway(D, Tacoma), (360) 786-7656,steve.conway@leg.wa.govDistrict 30Sen. Tracey Eide(D, Federal Way), (360) 786-7658, tracey.eide@leg.wa.govDistrict 31Sen. Pam Roach(R, Auburn), (360) 786-7660,pam.roach@leg.wa.govDistrict 32Sen. Maralyn Chase(D, Shoreline), (360) 786-7662,maralyn.chase@leg.wa.govDistrict 33Sen. Karen Keiser(D, Kent), (360) 786-7664,karen.keiser@leg.wa.govDistrict 34Sen. Sharon Nelson(D, Seattle), (360) 786-7667,sharon.nelson@leg.wa.govDistrict 36Sen. Jeanne Kohl-Welles(D, Seattle), (360) 786-7670,jeanne.kohl-welles@leg.wa.govDistrict 37Sen. Adam Kline(D, Seattle), (360) 786-7688,adam.kline@leg.wa.govDistrict 38Sen. Nick Harper(D, Everett), (360) 786-7674,nick.harper@leg.wa.govDistrict 40Sen. Kevin Ranker(D, Orcas Island), (360) 786-7678,kevin.ranker@leg.wa.govDistrict 41Sen. Steve Litzow(R, Mercer Island), (360) 786-7641, steve.litzow@leg.wa.govDistrict 42Sen. Doug Ericksen(R, Ferndale), (360) 786-7682,doug.ericksen@leg.wa.govDistrict 43Sen. Ed Murray(D, Seattle), (360) 786-7628,edward.murray@leg.wa.govDistrict 46Sen. David Frockt(D, Seattle), (360) 786-7690,david.frockt@leg.wa.govDistrict 47Sen. Joe Fain(R, Auburn), (360) 786-7692,joe.fain@leg.wa.govSenate: Nays, 0Senate: Absent, 0Senate: Excused, 9District 5Sen. Cheryl Pflug(R, Maple Valley),no longer in officeDistrict 16Sen. Mike Hewitt(R, Walla Walla), (360) 786-7630,mike.hewitt@leg.wa.govDistrict 18Sen. Joe Zarelli(R, Vancouver),no longer in officeDistrict 35Sen. Tim Sheldon(D, Potlatch), (360) 786-7668,timothy.sheldon@leg.wa.govDistrict 39Sen. Val Stevens(R, Arlington), (360) 786-7676,val.stevens@leg.wa.govDistrict 44Sen. Steve Hobbs(D, Lake Stevens), (360) 786-7686, steve.hobbs@leg.wa.govDistrict 45Sen. Andy Hill(R, Redmond), (360) 786-7672,andy.hill@leg.wa.govDistrict 48Sen. Rodney Tom(D, Bellevue), (360) 786-7694,rodney.tom@leg.wa.govDistrict 49Sen. Craig Pridemore(D, Vancouver), (360) 786-7696,craig.pridemore@leg.wa.govInitiative 960, approved by voters in 2007, requires each Advisory Vote to include a list of every Legislator, how theyvoted on the bill, and their party preference, hometown, and contact information.
What do they do?Qualifications and responsibilities for federal officesEach office has different qualifications and varying responsibilities. Candidates for federal offices must meet specificage and citizenship requirements.45President & Vice PresidentThe President must be at least 35 years of age and anatural-born U.S. citizen. The President is indirectlyelected by voters through the Electoral College toa four-year term and cannot serve more than twoconsecutive elected terms.The chief duty of the President is to ensure that thelaws of the United States are faithfully executed. Thisduty is largely performed through appointments ofthousands of federal positions, including secretaries ofcabinet agencies and all judges of the federal judiciary.These nominees are subject to confirmation by theU.S. Senate. The President is commander in chief ofthe U.S. armed forces. The President has the power tomake treaties with foreign governments, which must beapproved by the Senate. The President has the power toveto (reject) laws passed by Congress.The Vice President shall become President in the eventthe Office of the President becomes vacant. The VicePresident also serves as the presiding officer of theSenate.CongressThe U.S. Senate and House of Representatives haveequal responsibility for declaring war, maintainingthe armed forces, assessing taxes, borrowing money,minting currency, regulating commerce, and makingall laws necessary for the operation of government.One common qualification for these elected offices isthat a candidate must be a registered voter.U.S. SenatorU.S. Senators must be at least 30 years of age, havebeen a citizen of the United States for nine years, andbe a registered voter of the state from which he or sheis elected. The Senate is made up of 100 members, twofrom each state, and each Senator’s term is six years.The Senate has several exclusive powers, includingconsenting to treaties and confirming federalappointments made by the President, and tryingfederal officials impeached by the House.U.S. RepresentativeU.S. Representatives must be at least 25 years of age,have been a citizen of the United States for sevenyears, and be a registered voter of the state from whichhe or she is elected. The House of Representatives ismade up of 435 members; each state is allocated adifferent number of members based on population.A Representative’s term is two years. The totalmembership of the House is up for election in evennumberedyears.Candidate statements are printedexactly as submitted. The Office ofthe Secretary of State does not makecorrections of any kind or verifystatements for truth or fact.
46 United States President & Vice President | 4-year termBarack ObamaDemocratic Party NomineePresidentElected Experience: President of the United States(current); elected U.S. Senator in 2004; elected IllinoisState Senator in 1996.Other Professional Experience: Community organizer;Civil Rights Lawyer; Constitutional law professorEducation: Columbia University, B.A.; Harvard LawSchool, J.D.Community Service: President Obama has devotedhis career to public and community service. Beyondhis legislative and political record, he worked as acommunity organizer, aiding local churches to rebuildcommunities in Chicago devastated by steel plantclosings. He later directed one of the largest voterregistration drives in Illinois history.Joe BidenDemocratic Party NomineeVice PresidentElected Experience: Vice President of the United States(current); U.S. Senator; New Castle County Councilman(Delaware)Other Professional Experience: Attorney; Constitutionallaw professorEducation: B.A., University of Delaware; J.D., SyracuseUniversity Law SchoolCommunity Service: Throughout his career in publicservice, Vice President Biden has been a strongadvocate for public and community service initiatives,including programs supporting veterans and militaryfamilies, as well as longstanding efforts to combatviolence against women, including dating violence, inschools and on college campuses.Statement: Over the last few decades, middleclasssecurity had been slipping away for familieswho worked hard and played by the rules. Wagesstagnated while costs soared. Fewer employers offeredretirement and health benefits. College tuition costsskyrocketed. Then the Wall Street and housing marketcrashes cost 8.8 million jobs and sent the economyinto a deep recession.From day one, President Obama took immediate actionto put Americans back to work, stopping the bleedingand reversing the trend. He also began laying thefoundation for a real recovery that has strong roots anda job-creating economy that’s built to last.We are now at a make-or-break moment for the middleclass, and the President knows that we must respond byrestoring the basic values of balance and fairness thatmade our country great.President Obama believes Americans should be able toearn enough to raise a family, send their kids to school,own a home and put enough away to retire. That canhappen only when hard work pays off, responsibility isrewarded, and when everybody plays by the same rules,does their fair share and has a fair shot at success.We need an economy built to last and built from themiddle class out, not the top down. That’s why thePresident’s plan invests in education, innovation,infrastructure and home-grown American energy, andit reforms our tax code to help create American jobsand responsibly reduce the deficit in a balanced way byasking the wealthiest to pay their fair share again.We can’t afford to go back to the same failed policiesthat crashed our economy and devastated the middleclass. We have to move forward.For More Information: (312) 985-1700;counsel@barackobama.com; www.barackobama.comcontinue
United States President & Vice President | 4-year term47Mitt RomneyRepublican Party NomineePresidentElected Experience: Governor of MassachusettsOther Professional Experience: CEO, 2002 Salt LakeOrganizing Committee for the Olympic and ParalympicWinter Games; CEO Bain & Company; Co-Founder,Bain CapitalEducation: JD, Harvard Law School; MBA, HarvardBusiness School; BA, Brigham Young University.Community Service: Board Member of City Year, youthservice organization; board Member of Belmont HillSchool; National Advisory Council Member of theMarriott School of Management; Visiting CommitteeMember of the Harvard Business SchoolPaul RyanRepublican Party NomineeVice PresidentStatement: I am running for president to get Americaback to work, protect our national security, and restoreour country’s standing as leader of the free world.I am not a career politician. I spent most of my life inthe private sector, helping launch or rebuild hundreds ofcompanies, including household names such as Staples,Bright Horizons, and The Sports Authority.In 1999, the Winter Olympics were on the verge ofcollapse amid corruption allegations. I was asked to takeover. I revamped the organization’s leadership, trimmedthe budget, and restored public confidence. In the end,we staged one of the most successful games of all time.As Governor of Massachusetts, I cut taxes 19 timeswhile balancing the budget four years in a row. I cut redtape for small businesses, signed into law job-creatingincentives, and fought hard to bring new businesses tothe state. By the end of my term, the state had amasseda $2 billion rainy-day fund.As president, I will repeal the national healthcare law.I’ll get rid of job-killing regulations, open new marketsfor American exports, and unlock America’s energyresources. I’ll reduce taxes and bring an end to runawayspending and borrowing in Washington, D.C. I’ll makethe federal government simpler, smaller, and smarter. Atthe same time, I will reverse the defense cuts of the pastthree years, rebuild our military, and ensure that thiscentury will be another American Century.Together we can create an Opportunity Society wherehard work, education, and risk-taking allow people toachieve their dreams.For More Information: (857) 288-3500;info@MittRomney.com; www.MittRomney.comElected Experience: Congressman Ryan is in hisseventh term in Congress representing Wisconsin’sFirst Congressional District. As Chairman of the HouseBudget Committee, he has worked tirelessly to reinin federal spending and increase accountability totaxpayers. He also serves on the House Ways andMeans Committee.Other Professional Experience: Legislative Director- Senator Sam Brownback (R-KS); Legislative Aide -Senator Bob Kasten (R-WI); Speechwriter, EconomicAnalyst - Empower America, Jack Kemp & Bill BennettEducation: Joseph A. Craig High School; MiamiUniversity in OhioCommunity Service: YMCA volunteer soccer coachin Janesville, WI; St. Elizabeth’s nursing home - theRyan family serves Christmas meals to residents inJanesville.continue
48 United States President & Vice President | 4-year termGary JohnsonLibertarian Party NomineePresidentElected Experience: Governor of New Mexico, 1995 -2003Other Professional Experience: I am an entrepreneur,having grown a one-man business to one of NewMexico’s largest construction companies andemploying more than 1,000 people. After sellingthat business and serving two terms as Governorof New Mexico, I served as Honorary Chairman ofthe Our America Initiative, a public policy advocacyorganization devoted to promoting free markets,individual liberties and smaller government.Education: B.S., University of New MexicoCommunity Service: Advisory Council, Students forSensible Drug Policy; Honorary Chair, Our AmericaInitiativeJames P. GrayLibertarian Party NomineeVice PresidentStatement: After having built a successful business, Ientered public service by asking the people of NewMexico to give me an opportunity to bring commonsense leadership to the Office of Governor. I pledgedto reduce taxes, reduce the size of state government,and get government out of the way of job creation,individual freedom, and innovation. I was elected,and reelected to a second term. The size of stategovernment was, in fact, reduced, tens of thousands ofprivate sector jobs were created, and the state movedfrom operating in the red to having a billion dollarsurplus.During my eight years as Governor, taxes were reduced14 times, and never raised. I vetoed approximately 750bills passed by the state legislature, in keeping withmy determination to reduce the size and cost of stategovernment. When I left office, being term limited, NewMexico had a budget surplus and private sector jobcreation had increased substantially.I am seeking the Office of President of the United Statesbecause the nation desperately needs that same kindof leadership today. Good government is easy whenpolitics are put aside and common sense applied. Ipledge to submit a balanced budget to Congress in 2013,to veto, as I did in New Mexico, any legislation that willresult in deficit spending, and to create an environmentof regulatory certainty that will allow the private sectorto put Americans to work and let free people livetheir lives without fear of unnecessary governmentinterference.For More Information: www.garyjohnson2012.comElected Experience: By appointment of the Governor,served 25 years as a trial court judge in OrangeCounty, California.Other Professional Experience: Criminal defenseattorney with U.S. Navy JAG Corps, federal prosecutorin Los Angeles, private attorney in the practice ofbusiness litigation.Education: J.D., University of Southern California; B.A.,UCLACommunity Service: Peace Corps Volunteer in CostaRica; California Juvenile Justice Commission;California Judicial Council; California Departmentof Drug and Alcohol Planning, and many morecommissions.continue
United States President & Vice President | 4-year term49Virgil GoodeConstitution Party NomineePresidentElected Experience: United States House ofRepresentatives (1997-2009); Virginia State Senator(1973-1997).Other Professional Experience: Army National Guard(1969-1973).Education: Juris Doctorate, University of Virginia (1973);B.A. University of Richmond (1969).Community Service: No information submittedJames N. ClymerConstitution Party NomineeVice PresidentElected Experience: No information submittedOther Professional Experience: Admitted toPennsylvania Bar (1978); senior member of a generalpractice law firm; admitted to practice beforePennsylvania Supreme Court and Third Circuit Court ofAppeals; has represented clients in cases dealing withconstitutional/religious liberty issues, including theAmerican Center for Law and Justice, National LegalFoundation, Rutherford Institute and Home SchoolLegal Defense Association; Chairman, ConstitutionParty National Committee (1999-2012).Education: Juris Doctor, Washburn University School ofLaw (1978); B.S. History, Millersville University (1972).Community Service: Active in church and para-churchorganizations, serving as deacon, elder, and teacher;board of directors for Dayspring Christian Academy.Statement: The President of the United States shouldcarefully follow our Constitution. Following ourConstitution will mean a more limited Governmentand a greater protection of our Constitutional Rights. Ifavor a balanced budget now. With a debt of 16 trilliondollars, we must not only balance our budget butstart reducing our debts. I favor eliminating a numberof programs and departments, such as No Child LeftBehind, NEA Funding, Public Broadcasting Funding,eliminating the Federal Government from publiceducation, and reducing or eliminating a numberof secretaries. I also favor reducing funding for theExecutive Branch and eliminating the Czars.I want jobs in America to go first to United Statescitizens. I favor totally eliminating illegal immigrationand stopping the magnets that attract illegals to ourCountry. For example, ending automatic birth rightcitizenship for children born of illegals in the UnitedStates. I also favor a nearly complete moratorium onnew green cards while unemployment is at such highlevels and until unemployment falls below 5%. Jobs inAmerica should go to U.S. Citizens first and not to thosefrom other countries. Our first priority must be goodpaying jobs for U.S. Citizens.I have a consistent pro-life voting record and would be astrong supporter of life as President.I have consistently supported defining marriage as beingbetween one man and one woman. I was a co-sponsorof and a supporter of the Federal Marriage Amendment,defining marriage as being between one man and onewoman. I support DOMA and was proud to participate inthe Chick-Fil-A turnout.I also support an audit of the Federal Reserve.I am a native of Virginia where I live with my wife Lucy.We have one daughter and a grandson.For More Information: (540) 483-9030;virgilgoodeforpresident2012@gmail.com;www.goodeforpresident2012.comcontinue
50 United States President & Vice President | 4-year termJill SteinGreen Party NomineePresidentElected Experience: Lexington Town MeetingOther Professional Experience: PhysicianEducation: MD, Harvard Medical School, 1979; BA,Psychology-Sociology-Anthropology, HarvardUniversity, 1973Community Service: Dr. Jill Stein is a mother, housewife,physician, longtime teacher of internal medicine, andpioneering environmental-health advocate. She hasserved in elected leadership roles with the Coalition forHealthy Communities, Citizens for Voter Choice and thenational Physicians for Social Responsibility. She hashas won several awards including Clean Water Action’sNot in Anyone’s Backyard Award, the Children’s HealthHero Award, and the Toxic Action Center’s CitizenAward. In 2002, she ran for governor against MittRomney.Cheri HonkalaGreen Party NomineeVice PresidentElected Experience: NAOther Professional Experience: Founder of KensingtonWelfare Rights Union; National Coordinator of the PoorPeople’s Economic Human Rights Campaign.Education: Minnesota public schoolsCommunity Service: For the past 25 years Cheri Honkalahas been a leading advocate for poor and homelessin America. In 2001 Ms. Magazine named HonkalaWoman of the Year and she has won numerousawards including the Bread and Roses Human RightsAward, Public Citizen of the Year by the PennsylvaniaAssociation of Social Workers, and the prestigiousLetelier-Moffitt award from the Institute for PolicyStudies. In April 2005 Mother Jones magazine namedher Hellraiser of the Month.Statement: We must act to save our planet. The coursewe are on leads to irreversible climate change. Yet thepoliticians in Washington continue doling out subsidiesto the oil companies while much of our country burns.We must change our economy. Almost half of Americansare living in or near poverty. The rich are getting richerwhile wages go down. Nothing is being done becausethe financial elite that collapsed the economy in 2008 arestill calling the shots.With your vote, I will implement an emergencyprogram called the Green New Deal. The Green NewDeal will create 25 million jobs, end unemployment,and transition our country to a green economy. It willguarantee public higher education and Medicare for all,and forgive student loan debt. It will break up the bigbanks. And it will end corporate domination of elections.I represent an end to business-as-usual in Washington.As an environmental health advocate in the 1990s, I sawhow corporate money stopped essential reforms frombecoming law. In response, I led the effort to get fullypublicly financed elections in Massachusetts. We put iton the ballot, and the electorate voted for it. Then theDemocratic legislature repealed our clean elections law.That’s when I decided it was time to go Green.My running mate, Cheri Honkala, is one of America’sleading advocates for the poor. She was once ahomeless mother who slept in abandoned buildingswith her son because they had nowhere else to go.Since then she has given her life to keeping peoplein their homes. And she has often stood between thebankers and a frightened family facing eviction.We ask for your votes and we invite you to find out moreabout the Green New Deal at JillStein.orgFor More Information: (608) 620-3107; HQ@JillStein.org;www.JillStein.orgcontinue
United States President & Vice President | 4-year term51Peta LindsaySocialism & Liberation Party NomineePresidentElected Experience: No information submittedOther Professional Experience: Founding member, PSL;member, PSL’s Central CommitteeEducation: BA in History/African American studies,Howard University, 2008. Pursuing master’s degree ineducation from the University of Southern California.Community Service: Lindsay has helped to leadcountless demonstrations across the country againstimperialist wars, racism, tuition hikes, and for women’srights and the Palestinian people’s right to selfdetermination.She has been a tireless advocate forthe rights of working people. Was an organizer withthe Philadelphia Student Union, 1996-98, the SexualMinority Youth Assistance League, 1999-2001,and theANSWER coalition, since 2001. Recently helped formWomen Organized to Resist and Defend.Yari OsorioSocialism & Liberation Party NomineeVice PresidentElected Experience: No information submittedOther Professional Experience: Certified EMT; Writer,Liberation NewsEducation: BA, Forensic Psychology, John Jay CityUniversity of New YorkCommunity Service: Born in Cali, Colombia, Osorioimmigrated to the United States at age three. Nowa U.S. citizen, he grew up undocumented. Harshanti-immigrant policies propelled Osorio to becomean advocate for social and economic justice. He is avolunteer organizer in the ANSWER Coalition (Act Nowto Stop War and End Racism) and organizes againstNew York City’s “stop and frisk” policy. In October2011, he was arrested on the Brooklyn Bridge with 700others as part of the Occupy Wall Street movement.Statement: After causing the greatest crisis for workingpeople since the Great Depression, with millions oflayoffs and foreclosures, the banks not only receiveda massive public bailout, but have been makingenormous profits. The Lindsay/Osorio campaigncalls for seizing the banks to solve the crises of jobs,housing, healthcare and education that the majority ofpeople confront.Federal, state and local funding for education, healthcare assistance, childcare and other social servicesare being slashed year after year. Why? The politicianssay that there is no money. That’s a lie. The banks aresitting on trillions of dollars. Corporations are reapinggreat profits but paying next to nothing in taxes. Thegovernment spends more than a $1 trillion every yearon war, occupation and 900 military bases around theworld.The Lindsay/Osorio campaign has a ten-point programthat speaks to the needs of the 99 percent, not the 1percent who own the banks and corporations. We callfor a job, free healthcare, affordable housing and freeeducation to be constitutional rights; an end to war,sanctions and occupation; stopping racist police brutalityand mass incarceration; defending our unions; fullequality for women and LGBT people; forgiving studentand mortgage debt; full rights for all immigrants; and aneconomic plan to sharply cut greenhouse gases, cleanup the environment and build a massive renewableenergy network.The elections cannot solve the problems we face. Ourcampaign is part of the people’s movement in theschools, workplaces and streets. We are fighting for adifferent world where no one is hungry, homeless ordeprived of health care, housing or education while afew live in obscene luxury. We are building a movementfor socialism. Join us, vote for Peta Lindsay for Presidentand Yari Osorio for Vice President.For More Information: (206) 367-3820;seattle@pslweb.org; www.VotePSL.orgcontinue
52 United States President & Vice President | 4-year termJames HarrisSocialist Workers Party NomineePresidentElected Experience: James Harris, 64, is a veteran tradeunionist and a longstanding member of the NationalCommittee of the Socialist Workers Party. Harris wasthe Socialist Workers candidate for U.S. president in1996 and 2000.Other Professional Experience: He has advanced arevolutionary socialist perspective in the strugglefor Black rights for more than four decades, inmobilizations against imperialist wars from Vietnam toIraq and Afghanistan and in working-class politics.Education: Cleveland StateCommunity Service: Harris has joined battles by workingpeople to defend their unions, conditions of work andlife and limb on the job from the relentless productivitydrive by the bosses today.Alyson KennedySocialist Workers Party NomineeVice PresidentElected Experience: Alyson Kennedy, 61, is a productionworker and a member of the Socialist Workers Party’sNational Committee.Other Professional Experience: A trade union fighterfor more than three decades, Kennedy worked incoalmines in Alabama, Colorado, Utah and WestVirginia. She joined the United Mine Workers ofAmerica (UMWA) in 1981. From 2003 to 2006 Kennedywas a leading militant in a union organizing battle atthe Co-Op coalmine outside Huntington, Utah.Education: Indiana UniversityCommunity Service: Kennedy joined protests against thelynching of Florida youth, Trayvon Martin. She is on thefront lines of struggles to defend immigrant workersfrom government assaults.Statement: Working people in the United States andaround the world are bearing the brunt of a deepeningcrisis of capitalism. Bosses and their governmentsrespond to the contraction in production and trade inthe only way they know-by taking it out on the workingclass.Across the globe, workers face the same conditions:growing unemployment, attacks on wages, speed-up,slashed social services, and assaults on political rights.Workers from China, Spain, to Mexico are the allies ofworkers here.Oppressed layers of our class are hit hardest by thisprofit-driven offensive by the bosses, especially workerswho are Black. Immigrant workers are scapegoatedand subjected to super exploitation. This has led to therise of workers’ resistance. Longshore workers whofaced union busting in Longview, sugar beet workerslocked out in the Upper Midwest, and striking Teamstersat Davis Wire in Kent are fighting to defend their jobs,wages and working conditions.In their profit-driven competition for markets andresources, ruling class families in the U.S. and theirimperialist rivals are driven toward war, and attacks ondemocratic rights. U.S. troops out of Afghanistan and allcountries.We stand with all those who stand up to these attacks.We fight for the labor movement to champion thestruggles of the oppressed and exploited. We defendthe right of women to choose an abortion. We call for afederally-funded jobs program to put millions to work.The Democratic and Republican parties defendthe interests of the bosses. To end this system ofunemployment and war, working people need to relyon our own strength, and take political power fromthe capitalist class. To do this, we need a working classprogram and a working class party. Join us. Join withus.For More Information: (206) 323-1755;themilitant@mac.com; www.themilitant.comcontinue
United States President & Vice President | 4-year term53Ross C. (Rocky)AndersonJustice Party NomineePresidentElected Experience: Mayor, Salt Lake City, 2000-08.Other Professional Experience: Roofer, truck driver,server, buck fence builder. Lawyer (civil rights,professional negligence, antitrust, securities fraud,financial institution fraud) for 21 years. Founder andExecutive Director, High Road for Human Rights, 2008-12.Education: B.S. (magna cum laude), University ofUtah, 1973; J.D. (with honors), George WashingtonUniversity Law School, 1978.Community Service: President of Boards of ACLU ofUtah; Citizens for Penal Reform (founder); GuadalupeEducational Programs. Member, Boards of PlannedParenthood Association of Utah; Common Cause ofUtah; International Council for Local EnvironmentalInitiatives (ICLEI). Member Advisory Committee,Freedom to Marry.Luis J. RodriguezJustice Party NomineeVice PresidentElected Experience: Recognized for forty years workingin urban peace and gang intervention in the U.S., LatinAmerica, and Europe. Works on immigrant rights, laborrights, justice against police abuse, quality education,poverty, homelessness, and the prison industrialcomplex.Other Professional Experience: Author of fifteen booksof poetry, children’s literature, and nonfiction, includingtwo memoirs. Co-founder, Tia Chucha’s Centro Culturaland independent press, Tia Chucha Press.Education: Mark Keppel High School in Alhambra,attended East Los Angeles College and California StateUniversity, Los Angeles.Community Service: Co-founder of Network forRevolutionary Change, coordinating leading thinkersand organizers to strategize for justice, peace, andcooperation.Statement: My campaign is about deeply sharedvalues, focused on achieving greater economic, social,and environmental justice for all. Instead of fallingin line with the dominant parties that have created amilitarist and corporatist government for sale to thehighest bidders, we are calling for people to aspireto a government that is genuinely of, by, and for thepeople.Peace and prosperity require (1) proven pre-school andsecondary educational opportunities so that everyonehas a chance to excel; (2) the chance for everyone toobtain a college or technical education without crushingdebt, just as our forebears committed to secondaryeducation for all; (3) returning outsourced jobs to theU.S and putting millions of people to work in a WPA-likeinitiative; (4) equal rights under the law, regardless ofrace, religion, and sexual orientation; (5) a restorativecriminal justice system that focuses on problem-solving,rather than on punishment and retribution (including anend to the disastrous “war on drugs”); (6) a Medicarefor-allsystem that will provide essential healthcarefor everyone, be less expensive, and provide bettermedical outcomes; and (7) responsible environmentalstewardship, including protection of the climate throughutilization of clean energy sources.My foreign policy will promote peace and respectfor human rights, not the empire-building wars ofaggression supported by both major parties. I willpromote long-term U.S. security and build betterrelationships with other nations by ending the immoraldrone killings that have killed hundreds of innocentcivilians, the assassinations of U.S. citizens without anysemblance of due process, and the claim of authority toindefinitely detain even U.S. citizens without charges,trial, legal assistance, or right of habeas corpus. Iwill dismantle the imperial presidency and restore agovernment in harmony with fundamental U.S. valuesand our Constitution.For More Information: (801) 990-5300;rockyanderson.justice@gmail.com; www.voterocky.orgend
54United States Senator | 6-year termMaria Cantwell(Prefers Democratic Party)Elected Experience: U.S. Senate 2001-Present, U.S.House of Representatives 1993-1995, Washington StateLegislature 1987-1993Other Professional Experience: Real Networks, VicePresident of Marketing & Senior Vice President of theConsumer Products Division 1995-2000Education: B.A. in Public Administration from MiamiUniversityCommunity Service: Henry M. Jackson Foundation,Honorary Council of Advisors; South SnohomishChamber of Commerce, Former Board Member;Mountlake Terrace Friends of the Library; AlderwoodRotary, Former Board Member; Apollo Alliance,Founding Board MemberStatement: Congress is bogged down in partisanshipand gridlock. But Senator Maria Cantwell puts politicsaside and does what’s right for our state. Mariais focused on job creation and keeping Americacompetitive in the global economy - because sheknows too many families are struggling just to get by.That’s why Maria is working to make sure WashingtonState remains the hub of America’s aerospace industry.She fought unfair foreign competition to help Boeingwin the $35 billion Air Force contract that could mean11,000 jobs for our state. Now Maria is helping developapprenticeship and job training programs so we have askilled workforce for those jobs.Maria’s fighting to increase Pell Grants and help middleclass kids afford college. She co-sponsored a bill givingreturning veterans access to a college education. She’sworking to give laid-off workers and veterans access tojob training at community colleges so they can developthe skills they need for new jobs.To create opportunities for businesses to hire moreworkers, Maria voted to cut taxes for small businessesand manufacturers while pushing banks to loan to smallbusinesses that want to grow. Maria recognizes that thefederal deficit is a dagger pointed at the heart of oureconomy, so she’s working to cut wasteful governmentspending. She is pushing to end tax breaks forcompanies that ship jobs overseas and instead providetax incentives for companies that create jobs here. AndMaria is working to develop Washington’s new cleanenergy industry, which will create thousands of jobsacross our state.Maria kept her commitment to protect Social Securityand Medicare, fighting attempts by both parties to cutthese vital programs.Senator Maria Cantwell is focused on making life betterfor our families and for the people of Washington State.For More Information: (206) 285-2012;maria@cantwell.com; www.cantwell.comcontinue
United States Senator | 6-year term55Michael Baumgartner(Prefers Republican Party)Elected Experience: Washington State Senator, 2010 –presentOther Professional Experience: Mike was an economicdevelopment consultant and former diplomat whoadvised international and Northwest firms. In 2007Mike served as an Economics Officer at the USEmbassy in Baghdad, earning commendationsfrom General Petraeus and Ambassador Crocker. In2009 he worked on a State Department-contractedcounternarcotics program in Afghanistan, helpingfarmers grow wheat.Education: Gonzaga Prep, Pullman High; WSU – BA,Economics (1999); Harvard – MPA, InternationalDevelopment (2002).Community Service: Mike served as a Jesuit volunteer inMozambique in 1999. He is a member of the Knights ofColumbus.Statement: Michael Baumgartner left a successfulcareer in international development to help his countryin Iraq and Afghanistan. Then, he challenged anddefeated an entrenched incumbent and won election tothe State Senate.As a State Senator, Michael has shown he can workwith both parties to find pragmatic solutions, balancebudgets, reform government spending and improveeducation. He sponsored legislation to protect highereducation funding and prevent further cutbacks.Michael has the background, experience, and commonsense necessary to be an outstanding U.S. Senator.He is endorsed by Senator Slade Gorton, AttorneyGeneral Rob McKenna, Congresswoman CathyMcMorris Rodgers, Secretary of State Sam Reed, andRepresentative Cary Condotta. More important, Michaelis supported by hundreds of Washington small businessowners, veterans, and educators. Michael and his wifeEleanor have a young son, Conrad, and are expectinganother child this year.“I love Washington. I was born and raised here, the sonof two educators. After studying at WSU and Harvard,my economic development career took me around theworld. Washington’s wonderful, natural environment andfriendly, innovative people make it the best place in theworld.“Now, America is struggling. In the past 12 years,reckless spending and poorly planned wars have helpeddouble the national debt and millions don’t have jobs.Too many politicians care more about special intereststhan finding solutions. The US Senate hasn’t passed abudget in more than three years. DC is broken.“I want to help turn things around, here and overseas.I’ve seen firsthand the progress our troops have madein Afghanistan against amazing odds. Now it’s time tobring them home and concentrate on rebuilding oureconomy. Our children should inherit a thriving America- not one in debt and decline. I’d be honored to haveyour vote. We’ve got work to do.”For More Information: (206) 337-2242;michael@VoteBaumgartner.com;www.VoteBaumgartner.comend
56United States Representative | District 3 | 2-year termJaime Herrera Beutler(Prefers Republican Party)Elected Experience: I’ve been fighting for SouthwestWashington families and small businesses in Congresssince 2010. My focus is on economic recovery,protecting seniors, and fighting against governmentwaste and overspending. From 2007-2010, I served inthe Washington State House of Representatives.Other Professional Experience: I was a Senior LegislativeAide to U.S. Congresswoman Cathy McMorrisRodgers. I also worked my way through college,learning the value of hard work.Education: B.A., University of Washington,CommunicationsCommunity Service: I volunteered in New York Cityfollowing 9/11, and also with the Starbucks’ children’sliteracy program, elderly care facilities, juveniledetention centers, park restorations and after-schoolprograms.Statement: I ask for your vote so I can keep fightingfor you in Congress. From day one as your U.S.Representative, serving the families and communitiesof Southwest Washington has remained my mission.I’ve listened to you, and I’ve stood up to both politicalparties including my own when it’s necessary to putthe needs of families and communities here first.Bringing jobs back to Southwest Washington ispriority one. I’m fighting to make job creation easier,removing red tape and barriers to job growth. I’veled Congressional efforts to help our wood productsindustry and protect manufacturing jobs. I’ve foughtfor solutions to empower small businesses to growand hire. And I won’t let up; we must get SouthwestWashington’s economy growing and people back towork.I fight to make government accountable to you. I amyour watchdog on government bureaucracy. Whenan agency oversteps its mission or ignores the willof the community, I act to make sure it works as ourservant, and not our master. I also helped pass a strongsafeguard against insider trading in Congress into law,because elected officials should never put personalprofit before serving people.Saving taxpayer money means standing strong againstgovernment overspending. Our national debt is killingjobs now and it threatens future generations. Since myfirst day in Congress I have hunted down governmentinefficiency and fought to remove waste from thefederal budget. Seniors have earned Social Security andMedicare. That’s why I’ve fought to strengthen both vitaltrust funds for senior citizens who depend on them.No one will work harder for Southwest Washington thanI will. It is an honor to serve you in Congress and I askfor your vote.For More Information: (360) 597-3065;info@VoteJaime.comcontinue
United States Representative | District 3 | 2-year term57Jon T. Haugen(Prefers Democratic Party)Elected Experience: Jon Haugen is not a ProfessionalPolitician, he served our nation for 24 years as amember of the U.S. Military; he flew as a Navy Pilot.Other Professional Experience: During his Militarycareer he served at Naval Air Station Whidbey Islandin addition to sites across our nation and around theworld.Education: Graduate of the United States NavalAcademy, 1981; top third of his class.Community Service: Jon Haugen got into politics tofight for education. He testified before the House andSenate committees in support of Simple Majority andthen traveled around the state to restore democracy tothe School Levy Ballot.Statement: Patriot. As an 18 year old Jon Haugenraised his hand and made a pledge to our nation asa member of the U.S. Military. He graduated fromthe United States Naval Academy, in the top third ofhis class. He served as a Navy Pilot. In his 24 yearsof service Jon Haugen served around the worldincluding with our allies in NATO (North Atlantic TreatyOrganization) and later as a Commanding OfficerFiscal Conservative. Jon Haugen is the only candidateto offer an I-5 bridge plan that saves $3 billion withouttolls or light rail. Jon Haugen finds ways to save moneylocally and will do so in D.C. as our Representative. Thiselection is about increasing jobs and expanding theeconomy; strengthening Social Security and Medicare;reducing our debt and deficit.Jon Haugen does not support the Romney-Ryan budgetthat ends Medicare, punishes the elderly, the poor,students and the disabled while giving taxes breaksto the rich but not balancing the budget until the year2040. Jon Haugen does support the Simpson-Bowlesbi-partisan budget plan to grow our economy, saveMedicare and strengthen Social Security plus reduce ourdebt and deficit.As a United States Military service member Jon Haugenworked with others to solve problems, he will bring thatcommon sense approach to solve the challenges weface.Jon Haugen has been married for 27 years. His wife isa Registered Nurse. The Haugen’s have three children;all attended Community College thanks to ‘RunningStart’ and all three graduated from Washington StateUniversities.Jon Haugen says: “I have made no pledge to a formerlobbyist, Grover Norquist, my only pledge is to ournation, the same one I made as an 18 year old. I ask foryour vote. Thank you.”For More Information: (360) 907-8340;Jon@HaugenVet.com; www.HaugenVet.comend
58What do they do?Qualifications and responsibilities for state executive officesTo run and serve in a state executive office, a candidate must be a registered voter of the state. State executiveofficers are elected statewide to serve four-year terms.GovernorThe Governor is the chief executive officer of the state.The Governor appoints hundreds of positions, includingdirectors of state agencies. The Governor reportsannually to the Legislature on affairs of the state andsubmits a budget recommendation. The Governor mayveto (reject) legislation passed by the Legislature.Lieutenant GovernorThe Lieutenant Governor is elected independently of theGovernor. The Lieutenant Governor acts as Governor ifthe Governor is unable to perform the official duties ofthe office and is first in line of succession if the office ofGovernor becomes vacant. The Lieutenant Governor isthe presiding officer of the state Senate.Secretary of StateThe Secretary of State is the state’s chief elections officer,chief corporations officer, and oversees the state Archivesand Library. Primary functions include certifying electionresults, filing and verifying initiatives and referenda,publishing the state voters’ pamphlet, registeringand licensing corporations, limited partnerships andtrademarks, registering charitable organizations, andcollecting and preserving historical records of the state.The Secretary of State is second in line of succession forthe office of Governor.State TreasurerAs the state’s fiscal officer, the state Treasurer’sprincipal duties are to manage and disburse all fundsand accounts, be responsible for the safekeeping andinterest on all state investments, account for and makepayments of interest and principal on all state bondedindebtedness, and maintain a statewide revenuecollection system for the purpose of expediting thedeposit of state funds into the Treasury.State AuditorThe state Auditor conducts independent financial,accountability, and performance audits of all Washingtonstate and local governments. The state Auditor conductsinvestigations of whistleblower assertions about stateagencies and also investigates reports of fraud, waste,and abuse received through its citizen hotline. Audit andinvestigation results are documented and reported togovernments and the public.Attorney GeneralThe Attorney General serves as legal counsel to theGovernor, members of the Legislature, state officials, andmore than 230 state agencies, boards and commissions,colleges and universities. The office also represents thevarious administrative agencies and schools in courtor administrative hearings. The Office of the AttorneyGeneral enforces consumer protection statutes andserves the public directly by providing information onconsumer rights and fraudulent business practices.Superintendent of Public InstructionSuperintendent of Public Instruction is a nonpartisanposition. As head of the state educational agency andchief executive officer of the state Board of Education,the Superintendent is responsible for the administrationof the state kindergarten through twelfth gradeeducation programs. The regulatory duties of the officeinclude certification of teaching personnel, approvaland accreditation of programs, and apportionment ofstate and local funds. The Superintendent also providesassistance to school districts’ improvement areas.Commissioner of Public LandsThe Commissioner of Public Lands is the head of theDepartment of Natural Resources, overseeing themanagement of 5 million acres of forest, agricultural,range, tidal, and shore lands of the state. Subject toproprietary policies established by the Board of NaturalResources, the Commissioner is responsible for theexercise of all duties and functions of the department.Insurance CommissionerThe Office of the Insurance Commissioner regulatesinsurance companies doing business in Washington,licenses agents and brokers, reviews policies and rates,examines the operations and finances of insurers, andhandles inquiries and complaints from the public.Candidate statements are printedexactly as submitted. The Office ofthe Secretary of State does not makecorrections of any kind or verifystatements for truth or fact.
Governor | 4-year term59Jay Inslee(Prefers Democratic Party)Elected Experience: Washington State House ofRepresentatives – 1989-1992 representing YakimaValley; U.S. House of Representatives 1993-1994representing Eastern Washington; U.S. House ofRepresentatives 1999-2012 representing Kitsap, Kingand Snohomish counties.Other Professional Experience: Attorney, authorof Apollo’s Fire: Igniting America’s Clean EnergyEconomy.Education: Ingraham High School, Seattle, WA;graduated from the University of Washington witha B.A. in economics in 1972; graduated Magna CumLaude from Willamette University Law School in 1976.Community Service: Charter member of Hoopaholicsto raise money for Childhaven; coached youthsports; served as an honorary board member of theWashington Wildlife and Recreation Coalition.Statement: My mission as governor is this - to createa stronger and growing economy for Washington. Weinvent, we create, and we build. It was our innovationsthat led the revolution in aerospace, then software.Today we are on the cusp of new revolutions in healthsciences and clean energy technology. This is ourmoment to grow our economy and create jobs. Weneed to seize it.Having lived, worked, and represented both sides ofthe Cascades, I understand how our economy works.Making Washington a hub for clean energy will launchsmall businesses across the state, allowing wind andbiofuels from the east to power skyscrapers in the west.To build this stronger economy and ensure everychild has an opportunity for a successful future, wemust adopt a no-excuses approach to education.I’ll implement proven reforms that produce moreinnovative schools and insist on high quality teachersin every classroom. We will prioritize our investmentsin: early childhood education; science, technology,engineering and math (STEM); and make college moreaccessible and affordable. No excuses.I will bring this forward-thinking to our state byimplementing lean management techniques to improvegovernment services and efficiency and deliver healthcare at lower cost. In order to create change we need aleader who is willing to buck the status quo. I am oneof the few who voted against the bank bailout and thederegulation of Wall Street.We need a leader who is willing to protect seniorcitizens’ health care and pensions. I am the onlycandidate in this race who will stand up to protecta woman’s right to choose, which is why I’ve beenendorsed by Planned Parenthood Votes Northwest.We can build a working Washington. I would be honoredto have your vote.For More Information: (206) 533-0575;Jay@JayInslee.com; www.jayinslee.comcontinue
60Governor | 4-year termRob McKenna(Prefers Republican Party)Elected Experience: King County Council; WashingtonState Attorney GeneralOther Professional Experience: Perkins Coie law firm,1988-1996Education: University of Washington, Economics B.A.and International Studies B.A.; University of Chicago,law degreeCommunity Service: Bellevue and Renton schoolbond/levy campaigns, 1994-2002; Bellevue SchoolsFoundation, 1993-2002; Bellevue College Foundation,2000-2012; Boy Scouts Chief Seattle Council board,2003-present; Seattle-King County Land Conservancyboard, 1993-1995; Evergreen Forest Trust board,2000-present; Washington State Army AdvisoryBoard, 2011-present; President, National Associationof Attorneys General, 2011-12; Norm Maleng Honoreeaward, Eastside Domestic Violence Program, 2010;Friend of Children award, Washington State PTA, 2008.Statement: Son of a teacher and a soldier, RobMcKenna learned the value of public service from hisparents, and wants to continue serving Washington’speople as Governor. He will take our state in a NewDirection, promoting excellence in public schools,helping innovative businesses create jobs andreforming state government.Rob graduated from Sammamish High and the UW.Marilyn and Rob are the parents of four children whohave attended public school, and their passion foreducation led him to serve as president of the BellevueSchools Foundation and Bellevue College Foundation.Rob’s education platform is simple - put students first,fully fund our schools and stop cutting our colleges anduniversities.Rob knows the private sector creates jobs, notgovernment. He traveled across Washington learningfrom small business owners about our state’sburdensome tax system and redundant regulations. HisNew Direction plan cuts government red tape, providessmall business tax relief and reduces health care costsby giving employees greater control over their healthspending.McKenna has been a leader as Washington’s AttorneyGeneral, reducing staff while increasing productivity.He made the office a national model for protectingconsumers from mortgage fraud and identity theft,earning his peers’ bipartisan “Outstanding AttorneyGeneral” award.McKenna grew up in a military family. Living aroundthe world gave him a great appreciation for differentbackgrounds and viewpoints. Rob used that experienceto build bipartisan support for laws fighting prescriptiondrug abuse, domestic violence and to crack down on sexoffenders.Washington faces tough budget challenges that threatenpublic schools and higher education, the social safetynet and our economic future. Rob McKenna is anexperienced leader who works across party lines tosolve problems. For great public schools, governmentreform and more private sector job creation, please voteRob McKenna for Governor.For More Information: (425) 449-8244;Rob@RobMcKenna.org; www.robmckenna.orgend
Lieutenant Governor | 4-year term61Brad Owen(Prefers Democrat Party)Bill Finkbeiner(Prefers Republican Party)Elected Experience: Brad Owen was elected asWashington State’s 15th lieutenant governor in1996 and re-elected since. Prior to his election aslieutenant governor, Owen served as Shelton financecommissioner from 1976-1979, as a member of theWashington State House of Representatives from1976 - 1983, and in the Washington State Senate from1983 - 1996.Other Professional Experience: No informationsubmittedEducation: No information submittedCommunity Service: Brad Owen is the chair ofWashington State Mentors, as well as chair of theLegislative Committee on Economic Developmentand International Relations. He serves on the advisoryboard for the Drug Free America Foundation.Statement: Brad Owen is a leader we can trust!Supported by democrats, republicans, businessowners and labor leaders; he is known for beingbipartisan and working with all members of theWashington State Senate! In these tough times, weneed an experienced leader who knows how to getthings done.Elected as Washington State’s fifteenth lieutenantgovernor, Brad Owens’ top priority is to stimulate oureconomy and help create family wage jobs. He hastraveled the world building economic alliances withfriendly nations and wants to continue his work inhelping Washington State businesses increase theirshare of the world markets. More than any other state,Washington depends on international trade and needsleaders who can market our products throughout theworld.Brad Owen is dedicated to making Washington astate for healthy kids and safe communities. He hasmade substance abuse prevention, anti bullying andchild welfare as one of his top priorities in office.For the last two decades he traveled throughout thestate with a musical, multi media program to deliverpositive messages about substance abuse and bullyingawareness to youth and for years has been chair ofWashington State Mentors.To learn more, please go to www.BradOwen2012.comFor More Information: (360) 490-9086;bradowen@msn.com; www.BradOwen2012.comElected Experience: Fourteen years in the StateLegislature, including a term as Senate MajorityLeader.Other Professional Experience: Business owner,investing in sustainable real estate. Worked for fiveyears at Microsoft (contractor 1995 - 2000) and helpedstart Washington’s first online high school.Education: M.B.A. University of Washington, B.A.Whitman College, Lake Washington High School.Community Service: Bill and his wife Kristin are activein their community and their children’s lives. Overthe years, along with serving on boards of 4Culture,Kirkland Boys and Girls Club, and Cascade LandConservancy, Bill has also coached his daughter’ssoccer team and helped his son’s lacrosse club buildnew sports fields.Statement: Bill Finkbeiner knows the gridlockand partisan bickering in our State’s Capitol isunacceptable. As the Lieutenant Governor, BillFinkbeiner will work with both political parties toencourage a more cooperative, less partisan, and lesslobbyist-influenced government.Bill Finkbeiner has the experience to succeed. He served14 years in the Legislature, including a term as SenateMajority Leader, before returning to private business.Now, he’s bringing his business and political experienceforward to push change through the marbled halls of theCapitol.Some of the reforms are simple, like getting rid of theaisle that separates Republicans and Democrats onthe floor of the Senate. Other changes – reducing thenumber of partisan staff and limiting the influence oflobbyists – are more complicated; but all will makeOlympia more open to citizens and less beholden tospecial interests.Bill Finkbeiner has won support from both Democratsand Republicans. His endorsements include: RobMcKenna, Cathy McMorris Rodgers, Dino Rossi, SladeGorton, Sam Reed, Washington Conservation Voters,NARAL, Michael Heavey and Larry Springer. Bill is alifelong Washington resident. He and his wife Kristin(co-founder of MomsRising) and their two children livein Kirkland.For More Information: (425) 454-8515;bill@billfinkbeiner.org; www.billfinkbeiner.org
62Secretary of State | 4-year termKim Wyman(Prefers Republican Party)Kathleen Drew(Prefers Democratic Party)Elected Experience: Serving afourth term as Thurston CountyAuditor, conducting voterregistration, administeringelections, preserving historic records, providingfinancial, accounting, licensing and title services.Other Professional Experience: Ten years as ThurstonCounty Elections Manager, Assistant Records Manager,and 18 months as a U.S Army Civilian Training andDevelopment Specialist.Education: Bachelor of Arts, California State University,Long Beach; Master of Public Administration, TroyState University; Certified Elections RegistrationAdministrator, Auburn University, Election Center; andWashington State Certified Election Administrator.Community Service: Lacey Rotary Club, Timberline HighSchool Interact, TwinStar Credit Union SupervisoryCommittee, United Way of Thurston County, Women’sLeadership Council, and Miss Thurston CountyScholarship Program.Statement: We expect the Secretary of State to ensurehonest elections and uphold citizen confidence inthe accuracy of counts, security of ballots, and voteraccessibility. Meeting these expectations requiresexperience and proven, unbiased stewardship of ourelections and public records.Kim Wyman is an elections expert and leader. Asa four-term County Auditor, Kim leads a nationallyrecognized, award winning office. She streamlined theballot counting process – saving taxpayer dollars, ledthe way for email ballot delivery that improved militaryand overseas voter access, preserved important historicdocuments, and increased your access to public records.Her collaborative leadership style has earned Kim arange of endorsements from the Washington EducationAssociation to Republican, Democratic, and nonpartisanleaders, including 44 former and current countyauditors. When elected Secretary of State, Kim will useher experience to modernize elections with accuracy andefficiency improvements, make archived documents andhistorical artifacts more accessible, and make it easier tostart and manage small businesses.“One election, we didn’t get ballots while servingoverseas. This experience convinced me to dedicate19 years to protecting voters and ensuring accurateelections. With your support, I will continue this work asSecretary of State.” - Kim WymanFor More Information: (360) 742-0678;KimWyman12@comcast.net; www.KimWyman.comElected Experience: State Senator(1993-1997)Other Professional Experience:Known as a professional manager, Kathleenhas advised the Governor on sustainability andstreamlining government, authored the State’s Ethicsin Public Service Law and helped build the Universityof Washington Bothell campus into the largest branchcampus in the state.Education: BA, Political Science, Ohio UniversityCommunity Service: As a volunteer, Kathleen raisedfunds to build transitional homes for foster youth,led a citizen’s effort to identify schools capacity for agrowing Issaquah School District, and as a member ofKiwanis, started an organic vegetable garden for theThurston County Food Bank.Statement: ‘Impartial’, ‘Fair’. Washingtonians wantthose qualities in their Secretary of State. And thoseare the qualities I have shown throughout my life.I’m not a career politician; I’m an experienced,effective manager, committed to fair elections andincreased voter participation. I authored our Ethicsin Public Service law and served on the Commissionon Government Ethics and Campaign FinanceReform. As Secretary of State, I will increase dropboxlocations, push for same-day voter registration, andoppose efforts to suppress voting. I’ll also streamlineregistration services for corporations, charities andnon-profits.I strongly oppose the Citizens United decision andsupport repeal. I’ll work to increase transparency in theinitiative process.In 1992 I became the youngest woman ever electedto the State Senate. I never imagined that 20 yearslater women’s basic rights would still be under attackand the number of elected pro-choice women in officewould decline. My management background, statewideexperience and commitment to fair, open electionsprepare me to be the first Democratic woman Secretaryof State in over 50 years.Endorsed by: Washington State Labor Council, NARALPro-choice Washington, and King, Pierce, Snohomish,Thurston, and Kitsap County Democrats. I ask for yourvote.For More Information: (206) 979-5467;kathleendrew2012@gmail.com;www.kathleendrew2012.com
State Treasurer | 4-year term63Jim McIntire(Prefers Democratic Party)Sharon Hanek(Prefers Republican Party)Elected Experience: State Treasurer; 2008-current, StateRepresentative, 46 th District; 1998-2008Other Professional Experience: Economist, NavigantConsulting, Inc.; 1999-2008; Faculty, UW Evans Schoolof Public Affairs; 1983-2008; Fiscal Policy Advisor,Governor Booth Gardner; 1985-88; Research Scientist,Battelle; 1983-85Education: PhD, Economics, UW; Master of PublicPolicy, Univ. Michigan; BA, MacalesterCommunity Service: Chair, Economic and RevenueForecast Council, 2003-2008; Chair, House FinanceCommittee, 2003-06; Director, UW Fiscal Policy Center;1993-98; Chair, Washington Community EconomicRevitalization Board; 1994-98; Chair, Common Ground(nonprofit housing developer) 1992-98Statement: In the wake of the financial turmoil that hasshaken the national and local economies, Jim McIntirehas been a tireless advocate for the safety and securityof public funds, transparency in financial management,and smart, long-term investing to safeguard your taxdollars.As Treasurer and chair of the State Finance Committee,Jim has been a voice for accountability, helping thestate finance job-creating investments for transportationprojects and capital improvements for schools,universities, and parks. Jim has helped limit state debtto ensure that sufficient resources will be availablefor future needs and implemented reforms that saved$1.3 billion in interest payments during these difficulteconomic times.A consistent voice for financial accountability, Jimhelped safeguard public deposits in banks throughoutthe state making sure public deposits were not lostor placed at risk in the wake of Wall St. meltdownsand bank closures. He also worked with homebuyersto provide counseling resources to help preventforeclosure.Jim McIntire brings over 30 years of hands-on financialleadership and experience in both the public and privatesector. He has made the Treasurer’s office more openand transparent and will be our voice for financialsecurity and prosperity.For More Information: (360) 399-6509;jim@jimmcintire.com; www.jimmcintire.comElected Experience: Treasurer of non-profits including aPierce County political party; local Little League, and alarge private school.Other Professional Experience: Owner of a successfultax and business advisory service; owned andmanaged a CPA firm 1985-1998; and founded a publicpolicy research organization.Education: University of Washington BA BusinessAdministration and Accounting; CPA 1980; President ofa UW international business students association.Community Service: Youth/family service boards,community councils, Little League, private schools,political organizations, property rights alliances,and the Kent and White River School Districts PTAs’,finance, and strategic planning committees.Statement: I will combine my 30 years of CPA, taxadvisory, and community service with common sensevalues to navigate Washington out of a decade offinancial distress. It is time to have a professionalaccountant examine the books and challenge thelegislature to be more cautious in making tax andspending choices. We need financial transparencyso that you and state leaders can make informeddecisions.My background is not from academia; my background isto advise taxpayers and businesses in your hometownto make good choices on investment and jobs. Todayjobs are uncertain, prices are uncertain, propertyvalues are uncertain and the price of education is risingprecipitously. Olympia’s solution is to raise taxes andfees. My solution would be to account for what we havespent and prioritize the rest. I will be the accountingTreasurer to lead the state into an era of fiscal sanity.I will be the treasurer who will challenge any fundingdeficiencies in the L&I, pension, and GET programs.Vote to preserve our fiscal future. Vote for accountability.Vote for Sharon Hanek.For More Information: (253) 854-7075;SharonHanek@gmail.com; www.SharonHanek.com
64State Auditor | 4-year termJames Watkins(Prefers Republican Party)Troy Kelley(Prefers Democratic Party)Elected Experience: This is a job for a professional,not a politician. I work professionally to makeorganizations faster, more efficient, and more effective.Other Professional Experience: In the 23 years sinceearning my MBA, I’ve done 150+ performanceaudits. I’ve been a successful executive and principleconsultant in large professional services firms and runbusiness units for Fortune 50 firms. I’ve worked withmajor federal agencies; non-profits; and innovativeprivate sector businesses, large and small.Education: BBA, MBA, George Washington University.Community Service: Elected to leadership in Church,youth organizations, etc. Citizen activist focusingon good/open government issues. Active charityfundraiser. Married 27 years; two children.Statement: State auditor is a job for an independentprofessional, not a politician. That’s why retiring stateauditor Brian Sonntag says “...[Watkins] is particularlywell qualified based on his experience and backgroundto advance the State Auditor’s Office and be anindependent advocate for taxpayers.”I have the judgment and real world experience to makesure we get a dollar’s value from every dollar we pay intaxes. Since earning my MBA, I’ve worked successfullyfor 23 years to make organizations faster, more effective,and more efficient – and we need more of that inOlympia.My opponent is a professional politician who votedrepeatedly to weaken the auditor’s office, massivelyincrease state spending, and hike taxes. Now, he’sasking you to trust him to audit and evaluate the verysame government programs he voted to create! That’slike asking a fox to watch the henhouse.We need government we can trust. Citizens won’t allowthe legislature to raise taxes: efficiency and cost savingsare the only way to fund our shared priorities whilerebuilding voter trust. As your state auditor, I pledge todrive efficiency and effectiveness; to limit fraud, waste,and abuse; and defend and expand open, transparentgovernment.For More Information: (425) 390-4348;info@watkinsforauditor.com;www.watkinsforauditor.comElected Experience: State Representative. JointLegislative Audit Review Committee, Past Chairman.Washington Economic Development Association’sLeader Award. Washington Council Police and SheriffsLegislator of the Year. Endorsed by Realtors, teachers,firefighters, nurses, retirees.Other Professional Experience: Business Owner,1999-present; Lieutenant Colonel, Washington NationalGuard; Instructor, Army JAG School; Past President,Fortune 500 Company; Regulatory Audits, SEC;Department of Justice.Education: BA, University of California, Berkeley; JD,MBA, State University of New York, Buffalo.Community Service: Tacoma Chamber of Commerce,Tacoma PTA, VFW, United Way. Youth football andbaseball coach. Met wife Diane in 1990. They livein Tacoma with their two sons and attend St. Leo’sChurch.Statement: Retiring State Auditor Brian Sonntag says,“Troy gets it! He’s the independent voice we need toensure state dollars are focused on the right priorities.He’s unwavering in his work eliminating waste andholding government accountable, ensuring wehave transparent government. We need his kind ofleadership.”Troy believes in fiscal integrity. Leading by example, hewas the first of 147 legislators to voluntarily cut his payin the economic downturn. Troy is the only candidatein this race to cut his pay and refuse all special sessionreimbursement payments.Troy believes our ability to focus on top priorities likeeducation depends on our ability to manage budgetsresponsibly. That’s why he voted to uphold the will of thepeople ensuring lower class sizes, and uphold voterapprovedinitiatives fighting unfair tax increases. TheNews Tribune says, “The state needs more of his fiscalprudence. Kelley brings a welcome voice and smallbusiness perspective to the House and is strong onveterans issues.” The Moderate Washingtonian said Troysupports “fiscal responsibility but doesn’t waffle and hasstood up for basic fairness on issues that matter.”Hire Troy Kelley as your next State Auditor. Ensure ourtax dollars are spent wisely.For More Information: (800) 831-8397;troy@troykelley.com; www.troykelley.com
Attorney General | 4-year term65Bob Ferguson(Prefers Democratic Party)Reagan Dunn(Prefers Republican Party)Elected Experience: Elected three terms to the KingCounty Council; unanimously elected Chair bycolleagues to lead legislative branch of 150 employees;Law and Justice Committee Chair; 3-time Budget Chair.Other Professional Experience: Law clerk in Spokanefor Chief Judge Nielsen of the Federal District Courtof Eastern Washington; Law clerk for Judge Brightof the 8th Circuit Federal Court of Appeals; LitigationAttorney, Preston, Gates & Ellis, one of Washington’sleading law firms.Education: Law Degree, New York University; B.A.,University of WashingtonCommunity Service: Bob and his family are active in St.Catherine’s Church; Jesuit Volunteer Corps; Childrenand Youth Justice Coordinating Council on Gangs.Statement: A fourth generation Washingtonian,husband and father, Bob Ferguson brings middle classvalues and independence to the office of AttorneyGeneral. Bob will reform government while protectingfamilies, children, and small businesses from powerfulspecial interests and dangerous criminals.Bob will prosecute sexual predators to the fullest extentof the law and has a detailed plan to crack down ongangs. The Washington State Patrol Troopers Association,elected prosecutors, sheriffs, and law enforcementofficials statewide endorse Bob.A reformer, Bob has a record of protecting taxpayersand eliminating government waste. He balanced theCounty budget, pushed government to buy usedfurniture to save money, and returns part of his salaryeach year. He went against his party and risked his seatto eliminate four elected Council positions. Politicianstalk about reducing government - Bob’s done it.Son of a public school teacher and Boeing employee,Bob will prosecute powerful special interests that ripoff seniors, veterans, and taxpayers. Bob will fightinsurance companies that wrongfully deny coverageto hardworking people. Endorsed by WashingtonConservation Voters, Bob will prosecute polluters andforce the federal government to clean up Hanford.Endorsed by Planned Parenthood, Bob will protect awoman’s right to choose.For More Information: (206) 523-7245;mikescottwebb@gmail.com;www.electbobferguson.comElected Experience: King County Councilmember(2005-present)Other Professional Experience: Federal Prosecutor /Assistant US Attorney, Western District of Washington,Terrorism and Violent Crime Unit; Special Assistant USAttorney, Southern Florida and District of Columbia;Senior Counsel to the Director, Executive Office for USAttorneys, Department of Justice, Washington, D.C.;National Coordinator, Project Safe Neighborhoods;Chair, U.S. Department of Justice FirearmsEnforcement Assistance Team; Private Attorney, InsleeBest Doezie and Ryder, P.S.Education: Juris Doctor, University of WashingtonSchool of Law, Order of Barristers; B.A., Arizona StateUniversity, magna cum laudeCommunity Service: WSBA’s Legal Aid Committee; Fmr.Board Member, Eastside Legal Assistance Program;Board Member, Bellevue Schools FoundationStatement: Experience: I am the only candidate withboth experience as a prosecutor in the courtroom andexperience leading teams of law enforcement officialsto put dangerous criminals behind bars. Vision: I willfight to keep our communities safe, protect consumersfrom unethical businesses, preserve our environment,and get more out of our tax dollars. Washingtonshould be the best place to start a small business andthe worst place to commit a crime.Integrity: The U.S. Department of Justice has placedits trust in me, and I have passed rigorous “full-field”FBI background investigations resulting in Top Secretsecurity clearance.Independence: As an elected official, I have a reputationfor doing what’s right, even when it’s not popular. I will usemy experience as a federal prosecutor to protect the publicfrom predatory businesses, polluters, cyber criminals, andthose who prey on our most vulnerable citizens.Broad support: I am the only candidate endorsed bymore than 40 Democratic, Republican, and Independentelected county prosecutors and sheriffs, three formerAttorneys General, and countless law enforcementprofessionals including the Council of MetropolitanPolice and Sheriffs. I’m also proud to have key supportfrom firefighters, doctors, realtors, builders, farmers,and many others.For More Information: (206) 232-0339;info@reagandunn.com; www.reagandunn.com
66Commissioner of Public Lands | 4-year termPeter J. Goldmark(Prefers Democratic Party)Clint Didier(Prefers Republican Party)Elected Experience: Commissioner of Public LandsOther Professional Experience: Lifelong rancher,scientist, wheat breeder, Director of AgricultureEducation: B.A. Haverford College; Ph.D. MolecularBiology, University of California Berkeley; PostdoctoralFellowship in Neurobiology, HarvardCommunity Service: Former President and member ofthe WSU Board of Regents; Okanogan School BoardMember; volunteer wild land firefighter for over thirtyyearsStatement: A lifelong Eastern Washington rancher andfather of five, Peter Goldmark has restored integrity tothe management of nearly 15 million acres of forest,agricultural land and water resources. Peter workshard to maximize the potential for jobs, recreation,education, and wildlife preservation throughoutWashington.Trained as a scientist, Peter understands the need toreduce our dependence on foreign oil and addressclimate change through renewable energy resources,which is why he passed legislation to grow this excitingindustry.Peter led efforts to restore Puget Sound and promotesustainable shellfish farming. He protected crucialhabitat on Maury Island from international miningoperations and launched Puget SoundCorps, puttingyouth and veterans to work on vital cleanup projects.Endorsed by the Washington Conservation Voters,Peter knows that forests are essential to our qualityof life, supporting an industry that provides jobs tocommunities across our state, while providing cleanair and water to the benefit of all Washingtonians.That’s why he preserved 15,000 acres along the I-90corridor, created the Community Forest Trust to protectendangered timberlands, and kept forests open forrecreation.With your vote, Peter will continue restoring PugetSound, sustainably managing forests, protectingwildlife, and developing renewable energy jobs.For More Information: (206) 913-8619;info@petergoldmark.com; www.petergoldmark.comElected Experience: No information submittedOther Professional Experience: Farmer/rancher, ownerof Back Forty Farms, our second-generation familyfarm; NFL player 1981 – 1989; Presidential appointee toWashington State Committee of national Farm ServiceAgency 2000-2008.Education: Graduated from Connell High School; B.S inPolitical Science, Portland State University.Community Service: Connell High School Football Coach1999-2009, coaching teams that included my threesons (I also have one daughter with my wife of 30years, Kristi, and 2 grandchildren), and winning 2 statechampionships; Charity Tournament Director, “FightingChildren’s Cancer” 2004-2010; Member, WashingtonState Farm Bureau.Statement: In Washington, we depend on the land forfood, homes, business and recreation. But “We thePeople” also own millions of acres held in trust forus. Revenues from those lands (now, more than $200million) finance school construction and many countyservices. But the state projections show that thoserevenues are likely to go down in coming years.But we can turn that around to protect our children’s’future by generating more revenues through sustainableuses of these properties.I am a steward of the land-a second generation farmer inthe “breadbasket” known as the Columbia Basin, and anavid sportsman. In order to be sustainable, I must farmthe land to be as productive as possible but at the sametime regard all environmental concerns including land/water quality, and preservation of wildlife.Much of the public lands are located in areas that havehad little “say” in Olympia. My goal is to change thatprocess. And I will run Department of Natural Resourcesas a lean organization, watching over taxpayer dollars.I’m a farmer who knows the land, the forests, the waterand the wildlife. I’d like to manage them for the citizensof Washington.For More Information: (509) 380-7324;farmerdidier@gmail.com
Superintendent of Public Instruction | 4-year term67Randy I. Dorn(Nonpartisan)UnopposedElected Experience: Current Superintendent of PublicInstruction; State Representatives for seven years,Chair of the House Education Committee.Other Professional Experience: Elementary and middleschool teacher; elementary and high school principal;Executive Director of the Public School Employees ofWashington.Education: Bachelor’s Degree from University ofIdaho; Masters Degree in education from PacificLutheran University; Superintendent’s credential fromWashington State University.Community Service: Jobs for America’s GraduatesNational Board of Directors; Washington StateDepartment of Natural Resources’ Board of NaturalResources; Association of Washington SchoolPrincipals’ President’s Award; Washington Associationof School Administrators’ Golden Gavel Award;Association for Career and Technical Education’sNational Leadership Award.Statement: For the past three years I’ve had theprivilege of being your Superintendent of PublicInstruction. I first ran for this office in 2008 to reformeducation and bring new leadership to Olympia, andin a few short years, we’ve made a lot of progress:We replaced the WASL with a better, fairer system oftesting, Enacted reforms to hold everyone in educationmore accountable for student learning, and improvedour ability to improve or remove struggling teachers,Created cutting-edge programs to prepare our kids forthe jobs of the future by partnering with companieslike Microsoft and Boeing, And I have consistentlyled the fight in Olympia for more education fundingto meet our constitutional obligation to Washington’skids.I am running for re-election because the work is notdone. We must continue to reform our schools in orderto maintain high standards and increase accountability.And we need to demand full funding of education so ourstudents have the tools and resources they need to getthe world-class education they deserve.As a teacher, principal, and legislator I’ve always madeour kids’ future the highest priority.I would appreciate your vote.For More Information: (253) 256-2147;info@randydorn2012.com; www.randydorn2012.com
68Insurance Commissioner | 4-year termMike Kreidler(Prefers Democratic Party)John R. Adams(Prefers Republican Party)Elected Experience: Mike Kreidler has served withdistinction as Insurance Commissioner since 2001.Mike also served as a school board member, StateRepresentative, State Senator and U.S. Congressman.Other Professional Experience: Mike worked as a Doctorof Optometry for 20 years. He was a small businessowner and served as Director of Region 10 for the U.S.Department of Health and Human Services.Education: Mike earned a Doctor of Optometry degreefrom Pacific University and a master’s degree in publichealth from UCLA.Community Service: Mike is a retired Lieutenant Colonelin the U.S. Army Reserves. He has been a member of anumber of community service organizations.Statement: Mike Kreidler is a strong and independentvoice willing to stand up to powerful industry interestsas the state’s top advocate for insurance consumers.In his first three terms, Mike Kreidler saved consumersover $300 million in auto and homeowners’ insuranceby cutting excessive premium rates proposed byinsurance companies. His free advocacy programhelped consumers recover over $160 million inwrongfully delayed or denied claims.The people of our state deserve quality, affordablehealth insurance. Mike Kreidler has worked tirelesslyto make sure that insurance companies can no longerdeny coverage to those of us with health issues. Mikeis fighting for legislation that will stop non-profit healthinsurers from stockpiling excess profits. He will continueworking with consumer, business and legislative leadersto make health care reform a reality and bring hope tothe one million men, women and children in Washingtonwho have no coverage today.Mike Kreidler is a proven leader who has served thepeople of Washington with dedication, fairness and hardwork. That’s why he’s consistently earned endorsementsfrom consumer, labor, business, retiree, educational,and health care organizations and individuals across ourstate. Please join them by keeping Mike Kreidler as yourInsurance Commissioner.For More Information: (360) 352-5661;mike@mikekreidler.com; www.mikekreidler.comElected Experience: Lake Washington School DistrictBoard of Directors - 8 yearsOther Professional Experience: Board MemberWashington Assigned Risk - USL&H pool; 42 years asInsurance Underwriter and BrokerEducation: University of Washington BA BusinessGovernment & Society; Hartford Insurance GroupCareer Development Program; Continuing Education inmany different areasCommunity Service: US Army 1962-65; American Legion;Port of Seattle FTAC committeeStatement: Ex-Congressman Kriedler has been ourState’s Insurance Commissioner for 11 years. It’stime for a change. Over the past seven years annualhealthcare premiums increased 50% and employeeshare of premiums increased by 63%. If premiumtrends continue the average premium for familyhealthcare coverage will rise 72 percent by 2020.Our State Insurance Commissioner’s system forregulating private insurance companies is outdated.It stifles and limits competition. Access of affordableinsurance can be expanded through smarter regulations.Unfair underwriting practices must be stopped toelminate discrimination.I will present a series of remedies to shortcomings ofso-called “healthcare reform” to restore choice andincrease market availability. I will provide leadershipfor enabling group purchasing of prescription drugs inthis state to lower healthcare coverage costs and reduceCo-pays. State tort laws must be reformed to addressrising costs to medical care providers in order to maketreatment affordable.With my four decades of experience as an independentinsurance broker serving Seattle’s commercial insuranceneeds, I know how to get insurance cost down forconsumers. As a former elected member of the LakeWashington’s School Board, I worked for better schoolsby cutting bureaucracy that discouraged good classroomteaching.For More Information: (206) 282-7000;adams-seagen@att.net; www.infoJohnAdams.com
69What do they do?Qualifications and responsibilities for legislative officesEach office has different qualifications and varying responsibilities. One common qualification for all of these electedoffices is that a candidate must be a registered voter. To run and serve as a state Legislator, a candidate must be aregistered voter of the legislative district from which he or she is elected.State Legislative OfficesDuring legislative sessions, the Legislature is calledupon to enact or reject legislation affecting public policyin the state, provide for the levy and collection of taxesand other revenue to support state government andassist local government, and appropriate funds for thesepurposes.State SenatorA Senator’s term is four years. The state Senate is madeup of 49 members, one from each legislative district inthe state. One-half the membership of the Senate is upfor election each even-numbered year.The Senate’s only exclusive duty is to confirmappointments made by the Governor.State RepresentativeA Representative’s term is two years. The state Houseof Representatives is made up of 98 members, twofrom each legislative district in the state. The totalmembership of the House is up for election each evennumberedyear.Candidate statements are printedexactly as submitted. The Office ofthe Secretary of State does not makecorrections of any kind or verifystatements for truth or fact.
70State Senator | District 14 | 4-year termCurtis King(Prefers Republican Party)UnopposedElected Experience: Elected to the Washington StateSenate in 2007Other Professional Experience: Employed by the GeneralElectric Co. for 8 years in managerial positions. Ownedand operated King Brothers Woodworking, Inc. for 30years and King Door and Hardware for 15 years.Education: B.S. Degrees in Physics and Math,University of Washington; MBA, Clemson/FurmanUniversitiesCommunity Service: Volunteered countless hours in ourcommunity, including Rotary, United Way, Chamberof Commerce and American Red Cross, to name afew. He is a past-president of the Central WashingtonState Fair Board and has been an active member for 14years.Statement: “In 1987 our State biennial operatingbudget was $9.14 billion. Twenty five years later ourstate operating budget is $32 billion. We do not havea revenue problem, we have a spending problem.Our state government has gone far beyond itscore functions of educating our children, providingprotection for its citizens, and caring for our mostvulnerable. It is time to make state governmentsmaller, more efficient and responsive to its citizens.”Curtis KingA successful businessman, Curtis holds degrees inPhysics, Math and an MBA. He is well-known for hisleadership skills and bringing people together. He haschaired the Yakima Chamber of Commerce, United Way,Yakima Regional Hospital, and the Central WashingtonState Fair Association, as well as serving on many othercommunity organizations.Curtis has worked to improve education without raisingtaxes, stop over-regulation that harms job creation,stop the rising crime in our communities, and to keephealthcare in the hands of the people.We need leaders with common sense, experience andthe ability to provide a new direction in Olympia. Curtisprovides all of these. That is why people across the 14 thDistrict are supporting the re-election of Curtis King forState Senator.For More Information: (509) 952-4667;senatorking@charter.net
State Representative | District 14 Position 1 | 2-year term71Norm Johnson(Prefers Republican Party)Paul Spencer(Prefers Democratic Party)No photosubmittedElected Experience: Councilman, Mabton; ActingMayor, Mabton; City Councilman, Toppenish; Mayor,Toppenish; Councilman, Yakima; 14 th Legislative DistrictState RepresentativeOther Professional Experience: Mabton School District- teacher, counselor; Toppenish Junior High School -teacher, counselor, vice principal; Eagle High School,Toppenish - principalEducation: Toppenish High School; Washington StateCollege; Central Washington College - BA Education;Administrative credentials; Fort Wright College of theHoly Names, Spokane - MA Counseling and GuidanceCommunity Service: Opportunities IndustrializationCenter of Washington - past board member; YakimaRegional Hospital - trustee; Downtown Yakima RotaryClub - member; Greater Yakima Chamber of Commerce- member; Mabton Lions Club - past member; YakimaConvention Center - past board member; ToppenishProvidence Hospital - past board chairmanStatement: It is truly an honor to serve the people of the14 th district. In Olympia I have supported legislationin areas that I feel are most important: agriculture,business, education, public safety and care for themost vulnerable.I am proud that my work has been recognized by highlyregarded organizations; “Friend of Farming” by theFarm Bureau; “Appreciation Award” for commitment tothe developmentally disabled; “Corner Stone Award”,from Association of Washington Business; “Statement ofSupport Award” by the National Guard and Reserve; and“Guardian of Small Business” award by the Federationof Independent Business.For More Information: (509) 452-1328;norm@normjohnson.orgElected Experience: None.Other Professional Experience: 20 years Safety & HealthOfficer for two manufacturing companies; co-founderand first Executive Director of the Skamania CountyEconomic Development Council; production andtechnical management in heavy industry for 30 years.Education: BA in Mathematics from the University ofTexas (1970); graduate work in Materials Science atOregon Graduate Center in Beaverton, OR in the mid-1980s.Community Service: Curricula and facilities committeesat Stevenson High School; Regional Planning Council(Skamania County); assistant Coach for t-ball, softball,and soccer teams; Chairman of Firewise in SkamaniaCounty; Stevenson Planning Commission; SouthGifford Pinchot Collaborative of the Gifford PinchotNational Forest.Statement: I challenge independent voters to considerthat rural, agricultural regions of our state are shortchangedby their tendency to elect Republicanpoliticians in a state with a solid Democratic Partymajority in the State Legislature. The Republicans’theory is that, if the majority party cannot delivergovernment, then voters will give the Republicanstheir turn at control. It’s not working. We rural citizenswill be well-advised to elect ‘old-school’, ‘Roosevelt’Democrats such as myself, who support our regionalinterests, but who can negotiate with the urbanDemocrats on a collegial basisFor More Information: (360) 223-5756;spencerinthegorge@yahoo.com
72State Representative | District 14 Position 2 | 2-year termCharles Ross(Prefers Republican Party)Mathew K.M. Tomaskin(Prefers Democratic Party)Elected Experience: Washington State House ofRepresentatives, 2007-2012. Mayor of Naches, 2000-2007. Naches Town Councilman, 1997-2000.Other Professional Experience: Licensed funeral director,Keith & Keith Funeral Home in Yakima. Served in theU.S. Navy from 1990-1994, serving aboard the aircraftcarrier USS Kitty Hawk during the Desert Stormconflict.Education: Graduated Naches High School, 1990.Earned Associate of Arts and Science from YakimaValley Community College. Earned Associate ofMortuary Science from Mt. Hood Community College.Community Service: Lifetime member of the Veteransof Foreign Wars. Naches Lions Club member. YakimaHealth District Board of Directors, 2005-2008.Statement: Thank you for allowing me to be your voicein the Washington State House of Representatives forthe last six years. It is a privilege I do not take lightly;an honor I very much appreciate.Our state faces serious economic challenges. But theproblems facing government are no different than thosefacing your family and mine. The solution: Tighten ourbelts and spend money on only the most-importantthings. That’s what I do as a private citizen and that’swhat I vote to do as an elected official. I hope I can counton your support. Thank you.For More Information: (509) 653-2543;Charles.Ross@Dignitymemorial.comElected Experience: No information submittedOther Professional Experience: No informationsubmittedEducation: No information submittedCommunity Service: No information submittedStatement: My name is Mathew K.M. Tomaskin and Iam running for the 14 th Legislative District Position II.As a First American growing up in Central Washingtonmy entire life, I’ve had a concern about equal and fairrepresentation in our state government from electedofficials. As a Veteran of the US Army, I gained lifelongskills in responsibility, honesty, and integrity. I usedthese traits to become an elected official for theYakama Nation and currently I am their LegislativeAffairs Liaison. I would like your support in buildinga smarter and more effective government for ourcitizens. Thank You.For More Information: (509) 945-5911;tomaskin2012@gmail.com
State Senator | District 17 | 4-year term73Don Benton(Prefers Republican Party)Tim Probst(Prefers Democratic Party)Elected Experience: Don Benton is our State Senatorand the ranking Republican on the FinancialInstitutions, Housing and Insurance Committee anda member of the Government Operations, TribalRelations and Elections Committee.Other Professional Experience: Don owns the BentonGroup, which helps local TV stations succeed.Education: Cum Laude graduate of ConcordiaUniversityCommunity Service: Don and his wife Mary are activein our local community. Don is an Assistant ScoutMaster for the Boy Scouts, serves on the board of theWolverton Mountain Gun Club and previously servedon the board of the Clark County Red Cross. The familyattends the First Church of God.Statement: Don Benton is a small business owner,married 30 years, father of four, Scout leader and oneof our state’s most principled elected leaders. He hasa record of working across party lines to promotejobs, defend our public schools and balance the statebudget. Benton knows that limited government is vitalto our prosperity and liberty.As the 2012 session neared the end it was clearthe majority party simply could not pass a budget.This is when Senator Benton helped advance a bipartisanbudget that balanced without tax increases orgimmicks – ultimately breaking the log jam that hadparalyzed Olympia, and leading to major reforms in ourgovernment. He voted to make education the numberone priority in the state budget.As a small business owner, Don knows that only peoplecreate jobs, not big government. He has voted to easecostly regulations and bring good-paying jobs to ourcommunity.Benton has a record of working with leaders from bothparties to pass important legislation, including a law thatprotects children from sexual predators. He defendedvoter approved limits on tax hikes. Don is honored torepresent you and humbly asks for your vote again.For More Information: (360) 574-4873;Don@DonBenton.com; www.SenatorDonBenton.comElected Experience: State Representative, 2008-2012. Economic Development Council’s OutstandingLeadership Award. Skills Center’s Legislator of the Year.Washington Student Association’s Legislator of theYear. Association for Career and Technical Education’sLegislator of the Year. Endorsed by business leaders,firefighters, League of Education Voters, and manyothers. Tim avoids partisan extremes and just does hisjob.Other Professional Experience: Sixteen years experienceas budget analyst, CEO of job placement organization,supporter of veterans programs.Education: B.A., cum laude, Government andInternational Relations, University of Notre Dame.Community Service: Chamber of Commerce,Skills Center Foundation, school volunteer, avidoutdoorsman. The Probsts have raised their fourchildren here since 1998.Statement: Our community deserves independent,unifying, positive leadership, focused on the economy.We need unity, not partisan division. A father of fourand former budget analyst, my moral compass isservice to others. The only reason I do this job is to getreal results for real people.Protecting taxpayers: I’ve fought againstdebt andspending for years, opposed tax hikes, supported therainy day fund and balanced budget requirements, andrefused my own pay during special session.A stronger economy: By working respectfully,empowering business leaders and citizens together, anddesigning solutions with clear return on investment fortaxpayers, I passed my bipartisan economic agenda:9,000 workers trained for new jobs, 2 laws cutting redtape for small businesses, 900 business internshipsfor students, 3,000 scholarships for middle classfamilies, lower dropout rates, the new WSU Vancouverengineering building, and job training benefits for oursoldiers. When our troops come home, they deserve oursupport!We need measurable results, not party ideology.We’re blessed with the greatest nation in history. Let’sexemplify unity and teamwork, and make Americaeven better for our kids and grandkids. Democrats,Republicans, Independents, I ask for your vote. Far moreunites us than divides us.For More Information: (360) 989-7817;info@ElectTimProbst.net; www.ElectTimProbst.net
74State Representative | District 17 Position 1 | 2-year termMonica Stonier(Prefers Democratic Party)Julie Olson(Prefers Republican Party)Elected Experience: No information submittedOther Professional Experience: Instructional LiteracyCoach for Evergreen Public Schools, English andHistory teacher at Pacific Middle School. Believingstrongly in the importance of quality instruction,Monica has spent her 12 year career in educationfocused on systems and solutions ranging from adistrict level, to a classroom, to individual studentlevel.Education: BA degree in Psychology and WA StateTeaching Certificate, Western Washington University.Master of Education, Washington State UniversityVancouver.Community Service: Monica stays politically involved inher community, coaches various youth sports teams,and was nominated for the General George C. MarshallPublic Leadership Award in 2010.Statement: As a mom, public school educator, and ataxpayer, I care more about creating jobs, improvingour schools, and insuring government is transparentand accountable than partisan bickering and politicaltheater.In Olympia, I will push for a commonsense balanced,budget that fully funds K-12 education and preservesthe safety net for seniors and most vulnerable- withoutraising taxes. We must make wise investments in jobtraining, economic growth, and support our biggest jobcreators –small businesses. I will always be a strongchampion for low taxes, independent thinking, andlistening to you. I ask for your vote.For More Information: (360) 931-5463;monica.stonier@gmail.comElected Experience: In 2005 Julie Olson was elected toher School Board. She has served as Board Presidentthe last four years.Other Professional Experience: Julie has been inscientific sales and management for over 25 years.Education: Julie attended the University of Idaho ona volleyball scholarship, graduating with a Bachelor’sDegree in Microbiology.Community Service: Julie is a native Washingtonian.She and her siblings were raised with a strong ethosfor public service. Two brothers are firefighters and hersister is a Federal Prosecutor. Julie has a desire to giveback to her community, which is why she is driven toserve as our Representative.Statement: “As a mother, businesswoman, and schoolboard member I am concerned with the direction ofgovernment in Washington. Our state budget must besustainable and balanced without raising taxes. Wehave to scale back the burdensome regulations on ourbusinesses so that they can begin hiring again.”As School Board President, Julie Olson found ways todo more with less without a single teacher layoff. Shewill go to Olympia as an experienced leader to protectour priorities and stop the current habit of overspending,overpromising and underdelivering. Julie Olson willbring independent, fiscally responsible and innovativethinking to Olympia.For More Information: (360) 546-1795;julie@votejulieolson.com; www.votejulieolson.com
State Representative | District 17 Position 2 | 2-year term75Paul Harris(Prefers Republican Party)Jim Gizzi(Prefers Democratic Party)Elected Experience: State Representative, 17thLegislative District, 2010-2012; Precinct CommitteeOfficer, 2003-2012; Evergreen School Board Director,1993-2003.Other Professional Experience: Sales Management/Small Business Owner - Currently Sales Manager overWashington State/Quick Collect, Inc. Owner CascadePaint & Supply, operated three retail stores and amanufacturing plant, with 15-20 employees for 12years. Positions in Sales, Management and Marketingwith Miller Paint Company and Parker Paint.Education: Graduate of Brigham Young University,Provo, UT. Graduate of Parkrose High School, Portland,OR.Community Service: Lifelong Boy Scout Leader, EagleScout, Youth Basketball Coach, Youth Soccer Coach,Rotary Member.Statement: Re-elect Paul Harris and his “GetWashington Working” proposal for Jobs, Educationand Energy. Unshackle businesses from excessiveregulations, taxes and fees allowing economicprogress and job creation. Fund education first andfully with a stand alone budget. Education is theprimary duty of the state and should not be dependenton tax increases. Recognize hydropower as a clean,green resource providing 70% of Washington State’selectricity. Hydropower is crucial to NW industriesand jobs. Paul’s proposals and hard work in Olympiawill get us working in Clark County. Endorsed by RobMcKenna and Jamie Herrera Beutler. Vote Paul Harris!For More Information: (360) 553-2748;plharris@comcast.net; www.electharris.comElected Experience: First time candidate.Other Professional Experience: Clark County PlanningCommissioner, Program Manager TE Connectivity,Business Development Manager Infracell Inc.,Engineering Manager Motorola Inc., SE Asia BusinessDevelopment Manager Motorola Indonesia, smallbusiness owner, former member BIASW.Education: Graduate, University of Illinois. CommercialDiving Certificate College of Oceaneering.Community Service: Legislative Chair Pleasant ValleyPTA, Clark County Watershed Steward, Citizen &Local Business Group leader who influenced WSDOTdecisions on SR 502 widening, former member RotaryClub, local church member, husband of 20 years andproud father of a responsible 11 year old daughter.Statement: We need state representatives who workas hard as we do. I’ve been working for 24 years inthe telecommunications industry. I’ll bring hands-onexperience to pass legislation that either improves theeconomy or gets out of the way, so businesses can putpeople back to work.With a daughter in our public schools, I’ll support effortsto reduce class size, retain quality teachers and improvemath, science and technology curriculum. We can dothis without raising taxes. I’ll demand transparency,accountability and regular performance audits so everydollar is spent wisely. I ask for your vote.For More Information: (360) 723-0900;Jim@Jimgizzi.com; www.Jimgizzi.com
76State Senator | District 18 | short & 4-year termAnn Rivers(Prefers Republican Party)Ralph Schmidt(Prefers Democratic Party)No photosubmittedElected Experience: 1 term, Washington State House ofRepresentatives 18th Legislative District Position 1Other Professional Experience: Small Business Ownerand former School TeacherEducation: B.S. Political Science - Central MichiganUniversity; Natural Science Minor - Lewis & Clark StateCollege; Secondary Education - Lewis & Clark StateCollegeCommunity Service: Former Board Member andSurvivor Chairwoman, West Clark County Relay forLife; Secretary, La Center Education Foundation;Former Board Member, Evergreen Habitat forHumanity; Former Board Member Building IndustryAssn. of Clark County; Knowledge Bowl Coach; ChurchYouth Group Leader; Judge, Middle School NationalHistory DayStatement: As our state recovers from the pooreconomy, there are two parts of the puzzle needed toget us back on our feet: A job and your ability to keepmore of your money in your pockets. Every day I’veserved you as your representative, that has been myguide and my goal.My main focus: Get Washington working again withsmall business leading the way. That requires a smaller,more efficient and economically realistic government.Stop the never-ending demands to increase yourtaxes and fees without asking you; work to give you asay in our future, including a vote on the CRC bridgereplacement, light rail, and tolls. That’s our money beingspent it should be spent wisely.I’ve cut my own pay in the legislature and madesure that I-205 wouldn’t be tolled to pay for the CRC,prioritized spending to do those things governmentshould do: Fund education, transportation, public safetyand those most vulnerable who must have our help. Myconcern is always this: Are we doing the best we canwith what we have to work with?Together, we can make a difference. I’m Ann Rivers andI’m asking for your vote for Senator.For More Information: (360) 450-7994;annrivers18@comcast.net; www.annrivers.comNo information submittedFor More Information: (360) 834-5256;interdata@msn.com
State Representative | District 18 Position 1 | short & 2-year term77Brandon Vick(Prefers Republican Party)Adrian E. Cortes(Prefers Republican Party)Elected Experience: Chairman of the Clark CountyRepublican Party; Treasurer of the Clark CountyRepublican Party; 18th Legislative District Director;Precinct Committee OfficerOther Professional Experience: Business leaderoperating family-owned landscape constructioncompany – employing Washingtonians for over 50years; Member of Clark County Solid Waste AdvisoryCommission; 2010 Candidate for State RepresentativeEducation: Graduate of Hudson’s Bay High School,Vancouver, WA; Associate Degree in communication,Clark College, Vancouver, WA; Attended WashingtonState UniversityCommunity Service: Graduate of Leadership ClarkCounty; Recipient of Vancouver Business Journal’s“Accomplished Under 40”; Volunteer with Boy Scoutsof America – Eagle Scout Ranking; Volunteer withvarious projects for Habitat for HumanityStatement: As a small-business leader and long-termresident of the 18 th District, I understand the challengesfacing the people of southwest Washington.I will work and advocate tirelessly to change thedirection of our State. We need to foster a strongbusiness environment so that Washington can get backto work and thrive. I am committed to reducing the sizeof government, reducing spending, and providing muchneeded tax relief for families and small businesses. Ibelieve I have the vision, energy and strength necessaryto effectively advocate for the people of our communityand I ask for your vote!For More Information: (360) 609-4363;vickforrep@comcast.net; www.Electbrandonvick.comElected Experience: Currently serve as electedcity councilmember for the city of Battle Ground,Washington. Prior experience includes 4+ years on theBattle Ground Planning Commission and elected twiceas the Chairman of the commission, Battle GroundChamber of Commerce Board of directors(current),Past commissioner with the Vancouver-Clark ParksCommission, past board member with the Arc ofSW Washington, and current member with the WSUdiversity advisory board.Other Professional Experience: Currently managea family owned real estate holding company thatmanages income (rental) real estate.Education: Currently, I posses my Associates Degree inOrganizational Dynamics and I am currently attendingcollege full time.Community Service: No information submittedStatement: As a city councilman and businessman witha deep background of community service, I’m wellaware of the challenges facing our families. In thiseconomy, my number one priority must be jobs andeconomic development. Knowing that our quality oflife begins with a job, I believe in the “Families First”approach using the same fiscally conservative valueswe all trust in during the hard times, living within ourmeans.A pro-business climate, educational success for ourchildren, safety for our neighborhoods, fiscal sanity forour government; these are my watch words. I’m AdrianCortes… I ask for your vote.For More Information: (360) 608-3513;AdrianCortes@nym.hush.com
78State Representative | District 18 Position 2 | 2-year termLiz Pike(Prefers Republican Party)David Shehorn(Prefers Democratic Party)Elected Experience: 2004 Elected Camas City CouncilMember, Elected Republican Precinct CommitteeOfficerOther Professional Experience: Owner, Pike AdvertisingAgency, Political Director - Building IndustryAssociation of Clark County, Divisional Board MemberUmpqua Bank, and Farmer/Operator; Shangri-LaFarm. HOA Board Member, GOP Board Member, andFounder, Country Style Events, a triathlon/runningevent company.Education: Graduate Battle Ground High School withHonors; Attended Clark College, various leadershipseminars.Community Service: Campaign volunteer for numerousRepublican candidates, Volunteer Organizer WashougalFarmers Market, Founder Camas First Friday Art Walk,Camas Wine Art Music Festival, and Aviation CareerDays; Race volunteer, 25+ year marathon runner,Hawaii Ironman Triathlon finisher.Statement: Our citizens feel the effects of the economy.We need a new direction to give our citizens a brighterfuture. Government should never hurt workingfamilies. I’ll work to control spending, lower taxes, andeliminate job-killing regulations. Our children deservethe best education; I’ll work to reform our schoolswithout raising taxes.As one of thirteen children raised on a Brush Prairiedairy farm, I learned the value of hard work. As abusiness owner, I’m committed to supporting ourcommunities and businesses and understand theimportance of job creation to grow a healthy economy.Restore Washington. Vote Liz.For More Information: (360) 281-8720;electlizpike@comcast.net; www.lizpike.usElected Experience: no previous public elected officeOther Professional Experience: Large ComputerSystems Support Engineer for worldwide corporatecomputing systems; Large Computer SystemsAdministration; Major Corporations DepartmentManagment; Engineeering Project Managent; SoftwareDevelopment; Hardware Design; Network DesignEducation: Bachelor of Science, Electronics Technology,University of Houston, TX 1976Community Service: Clark County Fire Department’sCommunity Emergency Response Team; Clark CountyPublic Health Hospital’s Medical Reserve Corps; WSU &Clark County Watershed Stewards; Clark Public UtilityStream Stewards Team.Statement: The key to the resolution of the budget crisisis jobs. More jobs are created by increased demandfor products and services. Economically sustainablegrowth is a delicate balance between industryincentives, training, education, mobilization of theworkforce and government regulations.Understanding the industry perspective is essentialto guiding the expansion and growth of demand, jobsand business opportunities. Buying goods and serviceslocally, when practical, enhances the local economyand business efficiency. The preservation of worker’srights, civil rights, healthcare privacy and environmentalprotection are essential to our continued pursuit ofhappiness while living in a thriving, sustainable lifestyle.For More Information: (360) 556-3497;dave@davidshehorn.com; www.davidshehorn.com
State Senator | District 20 | 4-year term79Dan Swecker(Prefers Republican Party)John E. Braun(Prefers Republican Party)Elected Experience: Senator Dan Swecker servesthe 20th District and is the Vice Chair of the SenateRepublican Caucus.Other Professional Experience: The Sweckers owned andoperated Swecker Salmon Farm, Inc. for 20 years. Dueto regulatory burdens and attorney fees, the Sweckerswere forced to sell the business and lay off employees.Dan does understand the burden government putson business. Swecker was a Vietnam helicopter pilotand recipient of the Bronze Star, Purple Heart and AirMedal. Dan and his wife Debby live in Rochester andhave four children and four grandchildren.Education: Bachelor of Arts DegreeCommunity Service: Centralia Christian School Boardand FoundationStatement: The citizens of the 20th District have askedSenator Dan Swecker to help them find jobs, achieveregulatory re form, and balance the state budgetwithout raising taxes, and he has delivered. Hispolitical leadership has been proven time and timeagain while working with stakeholders and citizens tohelp Southwest Washington remain a great place tolive.Most recently and significantly, Dan sponsored anappropriation to provide infrastructure to the newTransalta Industrial Park. This million dollar grant isnow serving as matching money for an additional$2.8 million dollars from the Federal Government forfurther development of the Industrial Park. The TransaltaIndustrial Park has the potential to support thousands offamily wage jobs. Without Dan’s political relationshipsand his leadership, the money could have easily goneto other projects in the state. Swecker’s voting recordsupports business issues 90% of the time.As Vice-Chair of the Republican Caucus Dan helpedplan and implement a bipartisan coalition takeover ofthe Senate from the majority Democrats. The coalitioncreated a fiscally responsible budget and reduced thedeficit by more than a billion dollars without raisingtaxes or using gimmicks.Re-elect Dan Swecker for Senate.For More Information: (360) 273-5890; dans@wfga.net;www.danswecker.comElected Experience: None! I am not a career politicianand do not aspire to be one.Other Professional Experience: President, BraunNorthwest, Inc.; Officer, U.S. Navy.Education: BSEE, University of Washington. MBA andMEM, University of Michigan.Community Service: Timberland Regional Library Board;Providence Centralia Hospital Community Board;Centralia College Foundation; Working Group to Builda New Facility for Greater Chehalis Food Bank and theLewis County Food Bank Coalition; Former Member,Enterprise Washington; Former Member, NationalAssociation of Manufacturers ; Former Member, StJoseph School Commission; Former Member, CentraliaYouth Soccer Board.Statement: I am not a career politician and do notaspire to be one. Our elected officials should setpriorities -- go to Olympia, get the job done, and gohome. This election is about the future. It is about newand bold leadership.The only way to change Olympia is to change thepeople we elect to represent us. The voters of the 20thLegislative District deserve a choice. I want to use myexperience as a job creator to keep businesses and jobsin our area. I will be an advocate for lowering the cost todo business and removing barriers so small businessescan grow and hire more people. Additionally, we mustaddress the increasing costs of government and focuson basic services and sustainability.My wife and I have four children, and I am deeplyconcerned about the future of our great state. Olympiahas lost touch with the people. You can be assured thatI won’t lose touch with the voters. My priorities are tocreate jobs, lower taxes, eliminate government wasteand improve student achievement.I ask for your trust, support and vote.For More Information: (360) 508-6540;johnbraun@braunnw.com;www.johnbraunforstatesenate.com
80State Representative | District 20 Position 1 | 2-year termRichard DeBolt(Prefers Republican Party)UnopposedElected Experience: House of Representatives 1997to Present; House Republican Leader 2004, 2006 toPresent; Republican Floor Leader, 2001-2002; Asst.Republican Whip, 1997-2000Other Professional Experience: Currently working asExternal Relations Manager for TransAlta. Formerdirector, The Chamber, Centralia-ChehalisEducation: BA, International Relations, University ofWyoming; Attended school in Germany and England;Henry Tolls Fellow, 2001 recipientCommunity Service: Fraternal Order of Elks; Member,Lewis County Historical Society; United Way of LewisCountyStatement: One-party control in Olympia has createda government that has lost touch with the needsof families. If elected my priority will be to getWashington working again. I will fight to allowtaxpayers to keep more of their hard-earned money.By establishing clear priorities, we can ensure abalanced budget that provides sustainable fundingfor education, public safety and services for our mostvulnerable.I also remain committed to developing a basin-widesolution to protect families and businesses fromdevastating floods. Let’s make our state and ourcommunities a great place to live and work.For More Information: (360) 219-7072;arnydvs@gmail.com; www.richarddebolt.com
State Representative | District 20 Position 2 | 2-year term81Ed Orcutt(Prefers Republican Party)John Morgan(Prefers Republican Party)Elected Experience: Ed serves on Ways and Means;Agriculture and Natural Resources; and theCommunity, Economic Development and HousingCommittee. He is chair of the Economic and RevenueForecast Council; serves on the Western LegislativeForestry Task Force and JLARC.Other Professional Experience: Ed has been a consultingforester for 22 years and owner of his own consultingcompany since 2009. He is a member of WFFA and ACF.Education: He has an A.S. and a B.S. degree in ForestManagement.Community Service: Ed is a member of Kalama Lions.He has been chairman of the Highlander Festival,member of Columbia Theatre Board, and a youthbowling coach.Statement: Representative Ed Orcutt has earned areputation as an effective, independent leader whoworks hard to make things happen for the familiesin his district. After earning his B.S. degree in forestmanagement, Ed Orcutt has worked as a forestryconsultant for over 22 years - owning his owncompany since July 2009. Ed is a leader in protectingforestland owners, natural resource jobs, and ourquality of life.Representative Orcutt’s priorities include working tocreate more family-wage jobs, to balance budgets withinexisting means, and to fund basic education -- first. KeepEd Orcutt working as our state representative!For More Information: (360) 751-2317;ElectEdOrcutt@kalama.com; www.repedorcutt.comElected Experience: No information submittedOther Professional Experience: Insurance agent forMega Heath and Life, Insurance agent/field managerfor Combind Ins Co of America, 21 years exp inTransportation, Owner of John Morgan TruckingEducation: Antelope Valley High, Lancaster, Ca,Columbia Basin Job Corps, Moses lake, Wa. AntelopeValley College, Lancaster, Ca.Community Service: Parks and Recreation,Pearblossom,ca. Membership Chairman Capitol CityRifle &Pistol -CCRP,Vice President,CCRP, Range Master5 years CCRP, Hunters site -in CCRP,Range SafteyOfficer,CCRP Litterock, Wa. Highway Watch & FirstObsever, UsaStatement: I seek Office to address regulations andthe critical issues of employment, education andhealth care from the prspective of the members of mycommunity. It will require fiscal discipline and firmresolve to palance the budget without an additionalburden on our state’s taxpayers to protect jobes,education and ensure access to affordable heathcare.The regulatory recession forcing our lacal employersout of busness must be addressed. We must protecta balenced economic base through responsible fiscalpolicy, As your legislator, I will work to implementreforms such as zero-based budgeting and respcting thestate’s debt limit. Thank YouFor More Information: (360) 701-5856;johnmorgan4stcongress@hotmail.com;johnmorgan4stcongress.nationbuilder.com
82State Senator | District 49 | 4-year termAnnette Cleveland(Prefers Democratic Party)Eileen Qutub(Prefers G.O.P. Party)Elected Experience: No informationsubmittedOther Professional Experience:External Affairs Officer , Legacy Salmon Creek MedicalCenter since 2005; Advertising, Columbian, 1982 1987;Southwest Washington Director US Senators BrockAdams and Patty Murray 1987 1997; GovernmentRelations Director, American Cancer Society, 1997 1998;Self Employed1998 2002: Public Affairs Coordinator,Greater Vancouver Chamber of Commerce 2002 2003;Strategic Planning Administrator, C-TRAN 2003 2004Education: AA Degree Clark College; MarylhurstUniversityCommunity Service: Salmon Creek Lions Club, Hazel DellSalmon Creek Business Association, Beautiful SaviorLutheran Church, Association of Washington BusinessBoard, Greater Vancouver Chamber of CommercePublic Policy Committee, SW WA Labor Roundtable andWashington State Hospital Association Public PolicyAdvisory GroupStatement: Born and raised in Vancouver, Annettewill bring three decades of private and public sectorexperience to Olympia. Annette knows how to work at alllevels of government to get results for our community,while focusing on making life better for our families andbusinesses, and protecting the most vulnerable.Annette’s extensive experience includes work at theVancouver Chamber assisting small businesses; at C-Tranprotecting transit for seniors, students and commuters;and with Senator Patty Murray on WSU-Vancouverfunding, transportation priorities and services for veteransand military families. Currently, Annette works for a nonprofithospital providing affordable, quality healthcare.Annette is pro-choice and will protect the rights and healthof women.As State Senator, Annette will continue her common sense,community-driven service. With a daughter attendingVancouver Schools, Annette will accept no excuses on K-12funding-the top priority for state government. Annette willfight for higher education-expanding degrees in emergingfields. A board member of the Association of WashingtonBusiness and endorsed by the State Labor Council, Annettewill continue fighting for jobs.With Annette’s deep understanding of our communityand proven record of collaboration, let’s put her lifetime ofexperience to work for us!For More Information: (360) 975-1914;annettecleveland2012@gmail.com;www.annetteclevelandforsenate.comElected Experience: 1995-1997elected to the Oregon House ofRepresentatives and State Senate(1997-2001); increased funding for schools whilerequiring accountability & innovation; reduced taxes formiddle class families and seniors; increased capacity &reduced congestion on our roads; named Toll Fellow byCouncil of State Governments.Other Professional Experience: Small business owner,Executive Dir. of Charitable Trust, Real Estate Broker,Real Estate Appraiser.Education: B.A. George Fox University, Newberg, OR(1998, Distinguished Alumnus of the year); Graduate,Battle Ground H.S., Battle Ground, WACommunity Service: Served on non-profit Boards(Portland Rescue Mission, PRC of Greater Portland,Metro Police Chaplaincy)Statement: This is my home. I was raised in Vancouver .Today, I am deeply concerned with our state’s financialstability, its relentless appetite for growth and disregardfor the people’s money. We need an environment that isfriendly to small business growth in order to create jobs,so that all our families might prosper again. My firstpriority will be to find ways to attract new, well-payingjobs to our area. As I did in the Oregon Legislature, I willwork to eliminate burdensome obstacles that are stiflingjob growth and holding people back. Lower taxes willhelp families and job growth alike.I support full funding of education, and I want to seereforms that steer more money to kids at the classroomlevel, and foster academic excellence. Our childrendeserve a good education.My six years in the Oregon legislature and currentposition on the Clark County Planning Commission havegiven me a wide breadth of experience with a reputationof being an independent thinker. It would be mygreatest honor to now serve you and your family in theWashington State Senate. My door will always be open toyou. I humbly ask for your vote.For More Information: (360) 232-6709;eileenqutub@gmail.com; www.EileenQutub.com
State Representative | District 49 Position 1 | 2-year term83Sharon Wylie(Prefers Democratic Party)Debbie Peterson(Prefers Republican Party)Elected Experience: Appointed in 2011 to House ofRepresentative and elected in November 2011 specialelection. Committees include Capital Budget, HigherEducation Environment and Technology Committees.Served in Oregon House 1994-1998.Other Professional Experience: Consultant for 25 yearsin operations improvements and government relations.Municipal and non-profit manager and organizer offarmers market, sexual assault crisis centers and othernon-profit organizations. Served as researcher andpolicy analyst for city and county governments.Education: B.A. Political Science, University ofCalifornia, RiversideCommunity Service: Past president and current memberof Council for the Homeless and board member ofAffordable Community Environments(ACE).Statement: After my appointment, the voters electedme to continue as your State Representative. Creatingjobs, preserving education and protecting our elderly,disabled and children are my priorities and werereflected in the balanced budget we passed. Our JobsNow package creates 20,000 new jobs.I have proven skills and a passionate commitment tofight for internal government reforms, cost savings anda fair and sustainable tax system to fund our priorities.I am a mom, a wife and a grandmother who believesin public service. We can have a strong economy andcompassionate communities. I ask for your vote.For More Information: (360) 921-5716;swylie2@gmail.com; www.Sharonfor49th.comElected Experience: No information submittedOther Professional Experience: My first career was infinance, starting out as a bank/credit union loan officer.I also worked for the Vancouver Housing Authority¸ asthe Financial Specialist for their grant, no/low interestloan program. Implementing that program was verygratifying, as we worked to help Hough/Rosemereresidents remain in their homes and reverse thetrend from rentals back to single-family dwellings. Mysecond career is Education. It is the motivation for mycampaign.Education: Education: Northwest Nazarene University(Nampa, ID); B.A.Biology 3.1 GPA; ConcordiaUniversity (Portland, OR) Teaching; Certificate. 4.0 GPACommunity Service: Member of Smarter BridgeCoalition.Statement: Since 2004, I have advocated for taxpayers!Last December, I asked the County Commissioners todeny a 2012 - 1% property increase. They unanimouslysupported my request. Currently, I am a memberof the Smarter Bridge Coalition. I have met withOregon/Washington lawmakers, working on retainingthe existing I-5 Bridge and establishing another,economical bridge, across the Columbia River.I am asking for the support and votes of the greatcitizens of the 49th District. I will continue to work ashard for you, in Olympia, as I have, here in Vancouver.Thank you so much for your vote.For More Information: (360) 356-4437;debbie@debbiepeterson.org
84State Representative | District 49 Position 2 | 2-year termJim Moeller(Prefers Democratic Party)Carolyn Crain(Prefers Republican Party)Elected Experience: Washington State House ofRepresentatives 49th District, Re-elected to a fifth termin 2010, Vancouver City Council for two terms.Other Professional Experience: House SpeakerPro Tempore, House Commerce and WorkforceDevelopment Committee, Health Care and WellnessCommittee, Transportation Committee, RulesCommittee.Education: Washington State University BS inPsychology, Portland State University Graduate Schoolof Social Work, Portland State University Mark HatfieldSchool of Government.Community Service: Member of St. Paul LutheranChurch, Vancouver, Human Services Council BoardMember, Washington End of Life Coalition BoardMember, House appointee to 2011 Work Group onChild Support, Clark County Vulnerable Adult TaskForce.Statement: Protect the vulnerable, educate the youngand build a strong economy: these are my priorities asyour State Representative. Basic Infrastructure projectsdirectly created new jobs, while the improvementsare attracting new employers. Fiscal discipline hasbeen delivered responsibly, without cutting K-12 orshredding our safety net. I reinstated enforcementof state vehicle tag laws to crackdown on scofflaws.Let’s work together to build a better economy, lessvulnerable to boom and bust, and made stronger byour values: equality and opportunity for all. Togetherwe can make Vancouver even better for the nextgeneration.Elected Experience: No prior elected positions held.Other Professional Experience: Owned three smallbusinesses in my lifetime.Education: Degrees in Business Administration andComputer Sciences.Community Service: Spent the 90’s fund raisingfor Easter Seals. Spent the last decade caring fordisabled, assisting local families in putting in gardens,baking for the Veterans Court and the Veterans StandDown events. Donate hundreds of hours to researchand attending the local City Council and CountyCommissioners’ as well as C-tran board meetings topromote local area issues.Statement: Our voices are not respected. I attend cityand county meetings regularly and watch state issues.In 6 years our education budget doubled yet our StateSupreme Court ruled we haven’t properly funded it.Why? While actual dollars to education increased, itspercentage of total revenue fell.We’re losing: Freedom due to land and water useregulations; Money due to increased taxation for benefitof special interest; Lack of access to healthcare due tolow Medicaid payments. The incumbent is suing us overour 2/3 majority vote to raise taxes. As your advocate, Iwon’t sue you!For More Information: (503) 984-5659;hazel_x2@comcast.net; www.votecarolyn.comFor More Information: (360) 904-3377;Jim@Jimmoeller.org; www.Jimmoeller.org
85What do they do?Qualifications and responsibilities for judicial officesEach office has different qualifications and varying responsibilities. One common qualification for all of these electedoffices is that a candidate must be a registered voter. Judicial candidates in Washington are selected in nonpartisanelections; they do not identify a political party preference.State Judicial OfficesJudicial candidates must be in good standing to practicelaw in the state, and are prohibited from makingmisleading or untruthful comments, or statements thatappear to commit them on legal issues likely to comebefore them in court.Supreme Court JusticeNine justices sit on the state Supreme Court, eachserving six-year terms. Three justices are up forelection every two years and are elected statewide.The Supreme Court hears appeals and decides oncases from the Court of Appeals and other lowercourts.Court of Appeals JudgeA total of 22 judges serve the court in three multi-countydivisions headquartered in Seattle, Tacoma and Spokane.Each division is broken up into three districts. A candidatemust be a registered voter of the district from which heor she is elected. Court of Appeals Judges serve six-yearterms.Courts of Appeals hear and decide on most of theappeals that come up from the Superior Courts.Superior Court JudgeSuperior Courts are organized by county into 31 judicialdistricts. A candidate must be a registered voter of thedistrict from which he or she is elected. Superior CourtJudges serve four-year terms.Superior Courts hear felony criminal cases, civil matters,divorces, juvenile cases, and appeals from lower courts.Candidate statements are printedexactly as submitted. The Office ofthe Secretary of State does not makecorrections of any kind or verifystatements for truth or fact.
86Supreme Court Justice | Position 2 | 6-year termSusan Owens(Nonpartisan)UnopposedLegal/Judicial Experience: Susan Owens joined theWashington State Supreme court in 2000 after servingnineteen years as District Court Judge in WesternClallam County. She also served as the Quileute Tribe’sChief Judge for five years and Chief Judge of theLower Elwha S’Klallam Tribe for six years.Other Professional Experience: Justice Owens serves onthe Rules Committee, the Bench-Bar-Press Committee,and the Board for Judicial Administration.Education: Duke University (1971); University of NorthCarolina at Chapel Hill, (J.D. 1975.)Community Service: Justice Owens has offereddecades of community service to our citizens andthe issues she is passionate about. Please see www.JusticeSusanOwens.com for complete biography.Statement: “I bring proven experience and an importantperspective to the Supreme Court. I’m a longtime ruraljudge, mother and independent voice for commonsense rulings that respect our rights, our privacy—andour Constitution.”A judge for 31 years, Supreme Court Justice SusanOwens has served with integrity, independence and astrong commitment to your Constitutional rights. Priorto being elected to the Supreme Court in 2000, JusticeOwens served on the Clallam County District Court fornearly two decades. Known for balanced, commonsense rulings, she earned a national reputation teachingjudges how to enforce tougher domestic violence laws.One of the most productive Justices, authoringnumerous important opinions on complex cases, JusticeOwens has served with honor and the respect of herpeers. Her plain interpretations of the law are rooted incommon sense, free of bias, and seek to respect yourrights and privacy.Justice Owens has never held partisan office. Aseasoned judge when she joined the court, she hasearned the respect and endorsements of judgesstatewide, advocates for women, crime victims, workingfamilies and law enforcement. Justice Owens has earnedhigh ratings and deserves your vote. Re-elect JusticeSusan Owens.For More Information: (360) 866-6052;sowens@olypen.com; www.justicesusanowens.com
Supreme Court Justice | Position 8 | short & 6-year term87Steve Gonzalez(Nonpartisan)UnopposedLegal/Judicial Experience: Current Supreme CourtJustice. Ten years as a King County Superior CourtJudge. Practiced criminal and civil law as an AssistantUS Attorney, a Domestic Violence Prosecutor in Seattle,and an Associate at Hillis Clark Martin & Peterson.Other Professional Experience: Chair, Access to JusticeBoard. Chair, Court Security Committee. Nationalinstructor on international terrorism prosecution.Education: B.A. with Honors, Pitzer College. J.D., U.C.Berkeley School of Law. Rotary Scholar in Economics,Hokkaido University (Japan). Honorary Doctorate fromGonzaga University. Speaks Japanese, Spanish, andChinese.Community Service: Regularly mentors minority andlow-income students and speaks on the importanceof public education and understanding our judicialprocess.Statement: Justice Steve Gonzalez is a husband andfather with a long and distinguished career servingthe people of Washington. Before joining the SupremeCourt, Steve spent a decade as King County SuperiorCourt Judge, where he earned the respect of attorneys,jurors, and litigants. Steve is passionate about justicefor all.Before becoming a judge, Justice Gonzalez was afederal and municipal prosecutor, prosecuting terrorism,identity theft, and domestic violence. He also workedas a business attorney and regularly provided free legalservices for people who could not pay.Justice Gonzalez has received numerous awards andrecognition as a jurist, including “Outstanding Judgeof the Year” from the Washington State Bar and the“Vanguard Award” from KC Washington WomenLawyers. He is rated “exceptionally well qualified” bynine professional and civic organizations.Justice Gonzalez is overwhelmingly endorsed by: Allthe State Supreme Court Justices; 250 judges acrossthe state; Congressman Jay Inslee and Attorney GeneralRob McKenna; the State Labor Council and Associationof Washington Business; Republican and DemocraticLegislative Districts; the State Council of Firefighters andPatrol Troopers; Lenny Wilkens, Anne Levinson, TomioMoriguchi, Sal Mungia, Governor Dan Evans, JudgeCharles V. Johnson (ret.), and thousands more.For More Information: (360) 207-1789;info@justicegonzalez.com; www.justicegonzalez.com
88Supreme Court Justice | Position 9 | 6-year termSheryl Gordon McCloud(Nonpartisan)Richard B. Sanders(Nonpartisan)Legal/Judicial Experience: Extensive trial and appellateexperience; hundreds of arguments to the WashingtonState Supreme Court and other appeals courts.Teaches Supreme Court advocacy to law students andpracticing lawyers.Other Professional Experience: Service on SupremeCourt committees and statewide and nationalorganizations promoting meaningful access to thejudicial system. Obtained significant court rulingsestablishing our right to courtrooms open to thepublic and press, pregnancy disability leave, and fairmortgage practices.Education: J.D., University of Southern California LawCenter, Editor, Southern California Law Review; B.A.,State University of New York, cum laudeCommunity Service: Gynecological Cancer Foundationand youth art and sports activities while raising two sonsStatement: Supreme Court Justices must be peoplewho appreciate the effect of their decisions on ordinarypeople. As a former union member who is married toan educator and is the mother of two, Sheryl McCloudunderstands the concerns of women and workingfamilies and will bring that connection to the SupremeCourt bench.For 28 years, Sheryl has been defending ourConstitutional rights in the Washington Supreme Courtand other appellate courts and is the best qualifiedcandidate for this position. Lawyers nationwide seek herexpertise and advice.Sheryl McCloud has a proven record of commitment tocommunities of color and a long history of providingfree legal assistance to those who lack the ability topay - those who would be without meaningful accessto justice without her help. In one of her first volunteercases, she helped successfully defend a woman’s rightto pregnancy disability leave in the U.S. SupremeCourt. She’s not a career politician, but an experiencedappellate lawyer who will bring to the court anunparalleled depth of experience.Endorsements: King County Democratic CentralCommittee; James Bible; Rev. Dr. Carey Anderson (of FirstAME Church); Larry Gossett; Estela Ortega; NARAL Pro-Choice Washington; others at www.mccloudforjustice.comFor More Information: (206) 418-9228;sheryl@mccloudforjustice.com;www.mccloudforjustice.comLegal/Judicial Experience: I served on the SupremeCourt until 2011, first elected in 1995; and reelected in1998 and 2004. I wrote more opinions than any othercurrent Justice. Before that, I practiced law for 26years. I also served as an adjunct professor teachingappellate advocacy at the UW School of Law, andguest lectured on state constitutional law at SeattleUniversity.Other Professional Experience: I am an Eagle Scout andplayed for the University of Washington in the RoseBowl. (French horn!)Education: B.S. and J.D., University of WashingtonCommunity Service: I frequently lectured and wrotemany legal articles and opinion pieces explaining ourconstitutional rights.Statement: Why has Justice Tom Chambers endorsedRichard Sanders to take his seat on the Court? Becausehe knows Richard is a person of unquestionedintegrity, devoted to protecting the rights of all citizens.Article 1, Section 1 of our constitution states:“governments...are established to protect and maintainindividual rights.” I believe that’s also the job descriptionof a Supreme Court Justice: we must look out forthe “little guy” and protect citizen rights. Sometimesthis makes me seem conservative, as when I supportproperty rights, and sometimes it makes me seemliberal, as when I fight for free speech and personalrights to privacy. But I am consistent: we have rights thegovernment must not violate.Thomas Jefferson said the God who gave us life gaveus liberty as well. It’s a good thought to remember.I have support that cuts across the spectrum, withendorsements including: the State Republican andLibertarian Parties; legislators; judges and civillibertarians-- and more than 1,000 endorsers, includingthe Association of Washington Business and WashingtonRealtors.Richard Sanders has earned our support and protectedour rights. Vote to return Sanders to the Supreme Court.For More Information: (206) 999-9350;RBSanders@aol.com; www.friendsofjustice.com
Court of Appeals Judge | Division 2 District 3 Position 1 | 6-year term89Joel Penoyar(Nonpartisan)UnopposedLegal/Judicial Experience: Lawyer from 1974 to 1988.Judge in District Court, Superior Court and Court ofAppeals from 1976 to present.Other Professional Experience: Teacher U.S. VirginIslands 1971Education: BA University of Michigan; JD University ofOregonCommunity Service: See my StatementStatement: Joel Penoyar is campaigning for anadditional term on the Washington State Court ofAppeals. He is the longest serving judge in the state(36 years) and served as the Chief Judge of Division2 of the court which hears appeals from courts fromClark county north to Clallam county.Joel and his wife, Betsy, raised 5 children in South Bendand have been very active in Youth Soccer, Boy Scouts,Girl Scouts, and numerous other local organizations.Joel is a volunteer firefighter and first responder andhigh school track coach. He has taught domestic violenceclasses and judicial ethics classes.Rural judges have an excellent chance to see the resultsof their decisions in their communities. Judge Penoyarbelieves this unique perspective and his many yearsof judicial experience are invaluable in his work at theCourt of Appeals.Judge Penoyar says, “It is a mistake for judges toattempt to mold the law to fit their own personalor political beliefs. More important than a “judicialphilosophy” is a judicial work ethic: I work hard to writedecisions that are understandable, correct, complete andthat make sense in our real world.”For More Information: (360) 875-6342;joelpenoyar@gmail.com
90November 6, 2012 general electionVoters’ pamphletClark County WashingtonPublished by the Clark County Auditor’s Office
Auditor’s letterTo Clark County VotersOn Election Day 2008 – the previous presidential election – nearly 1,300 peoplewaited in line outside the Clark County Elections Office to get a ballot. Some stoodthere for three hours.If you want to help ensure you get a ballot without a lengthy wait, contact us asearly as possible before Election Day, Nov. 6.Contact the Elections Office if you:n Changed your name.n Moved to a new address in Clark County.n Lost your ballot.n Moved to Clark County from another county in Washington.n Have never registered to vote.n Did not receive a ballot for this year’s primary.You can:n Call us at (360) 397-2345.n Send an email to elections@clark.wa.gov.n Visit our website at clarkvotes.org.n Come to our office at 1408 Franklin St., Vancouver. Hours are 8 a.m. to 5 p.m.Monday through Friday and on Saturday, Nov. 3, just before Election Day.At all levels of government, successful candidates in this election will make decisionsthat will affect you and future generations. Depending on where you live,you also will find initiatives, a referendum, advisory votes and local issues on yourballot. If passed, they will have a direct and immediate impact on our citizens,community and state. The power of the individual vote in our system of governmentis a humbling privilege and responsibility.I urge you to read this pamphlet, but also seek more information. The best decisionsare made by informed voters.Sincerely,Greg KimseyClark County Auditorgreg.kimsey@clark.wa.gov, (360) 397-2078Participating jurisdictions – Clark County Commissioner Districts 1 and 2; Public UtilityDistrict No. 1 of Clark County, Commissioner, District 1; City of Vancouver; C-TRAN.AUDITOR’S LETTER •Clark CountyinformationA reminder to vote92Be an informed voter.Here’s how.92Ballot deposit locations9391Voting instructions - make sureyour vote counts94Accessible voting information95Candidate statements97Ballot measures100State and federalinformation3
92• REMINDER TO VOTE AND BE AN INFORMED VOTERA reminder to voteRegistering to voteRegistering takes only afew minutes, and you maydo it by mail or online atwww.clarkvotes.org. You must complete a voter registrationform if you are registering for the first time in Washington orif you moved to a new county. Registration forms are availableduring business hours at public libraries, schools, city andtown halls, and the county Elections Department.If you are not registered anywhere in Washington, youstill can register for the November 6 general election, butyou must do so in-person at the Elections Department,1408 Franklin St., Vancouver. Registration will end at 5 p.m.Monday, October 29.If you already are registered and have moved within ClarkCounty, you can update your address by mail, email or phone.However, the ballot you receive will reflect your old address.Who is eligible to voteTo register, you must be a United States citizen, 18 years orolder on November 6, and live in Clark County 30 days prior tothe election.How to voteRegistered Clark County voters will receive their ballots bymail for every election in which they are entitled to participate.Please read the voting instructions on Page 94. We wantyour vote to count!Lost or damaged ballot?If you lose your ballot or it becomes damaged, you can get areplacement ballot by contacting the Elections Department.Phone: (360) 397-2345Email: elections@clark.wa.govMailing address: PO Box 8815, Vancouver, WA 98666-8815Street address: 1408 Franklin Street, VancouverSpeech to speech relay: (800) 833-6384Be an informed voter. Here’s how.There are many sources of information for citizens wanting to know more aboutcandidates, issues and coverage of the November 6 general election.Read all about itn The Columbianwww.columbian.comn The Oregonianwww.oregonlive.com/elections/n The Camas/Washougal Post Recordwww.camaspostrecord.comn The Reflectorwww.thereflector.comLeague of Women VotersFor a schedule of events or candidateforums, see their website atwww.washingtonvoter.org or call(360) 693-9966.Watch cable TVCVTV Clark-Vancouver Television onComcast cable channels 21 and 23.Election coverage will include candidateforums and interviews of candidatesin various races. See TV listings in TheColumbian, cable channel 2 and theCVTV website, www.cvtv.org or call(360) 696-8233.If you do not have cable TV, you canget video tapes of programs at any FortVancouver Regional Library branch orfrom CVTV.Lookonlinen Information about candidates forstatewide offices can be found on theSecretary of State’s website atwww.sos.wa.gov/elections/.n Election coverage can be foundon the Clark County ElectionsDepartment website athttp://clarkvotes.org.n The Fort Vancouver Regional Libraryhas computers with Internet connectionsavailable for public use.
Ballot deposit locationsBALLOT DEPOSIT LOCATIONS •93If you wish to return your voted ballot in person before the general election,November 6, take it to the: Clark County Elections Department1408 Franklin Street, Vancouver. 8 a.m. to 5 p.m. Monday through Friday.If you lose your ballot or it becomes damaged, you can obtain a replacementballot only at this location. Red permanent ballot drop boxWest 14th and Esther streets, Vancouver (one-half block east of the ElectionsDepartment). Available 24 hours a day.Election Day is Tuesday, November 6, 2012. If you wish to return your voted ballotin person on Election Day take it to the red ballot drop box before 8 p.m.In addition, election workers will be present to accept completed ballots onlyon Election Day from 7 a.m. to 8 p.m. at these locations:Mill Plain Elementary School400 SE 164th Avenue, VancouverMinnehaha Elementary School2800 NE 54th Street, VancouverPleasant Valley School14320 NE 50th Avenue, VancouverPrune Hill Elementary School1601 NW Tidland Street, CamasClark County Elections Department1408 Franklin Street, VancouverBattle Ground City Hall109 SW 1st Street, Battle GroundBattle Ground High School300 W Main Street, Battle GroundBurton Elementary School14015 NE 28th Street, VancouverChinook Elementary School1900 NW Bliss Road, VancouverCrestline Elementary School13003 SE 7th Street, VancouverDorothy Fox Elementary School2623 NW Sierra Street, CamasEleanor Roosevelt Elementary School2921 Falk Road, VancouverEllsworth Elementary School512 SE Ellsworth Avenue, VancouverFelida Elementary School2700 NW 119th Street, VancouverFisher’s Landing Elementary School3800 SE Hiddenbrook Drive, VancouverGlenwood Heights Primary School9716 NE 134th Street, VancouverGrace Foursquare Gospel Church717 SE Everett Road, CamasHazel Dell Elementary School511 NE Anderson Road, VancouverHelen Baller Elementary School1954 NE Garfield Street, CamasHockinson Middle School15916 NE 182nd Avenue, Brush PrairieImage Elementary School4400 NE 122nd Avenue, VancouverLa Center Community Center1000 E 4th Street, La CenterLincoln Elementary School4200 Daniels Street, VancouverM.L. King Elementary School4801 Idaho Street, VancouverRidgefield Nazarene Church747 Pioneer Street, RidgefieldRiverview Elementary School12601 SE Riveridge Drive, VancouverSalmon Creek Elementary School1601 NE 129th Street, VancouverSarah J. Anderson Elementary School2215 NE 104th Street, VancouverSifton Elementary School7301 NE 137th Avenue, VancouverSunset Elementary School9001 NE 95th Street, VancouverWalnut Grove Elementary School6103 NE 72nd Avenue, VancouverWashougal Community Center1681 C Street, WashougalYacolt Primary School406 W Yacolt Road, Yacolt
94• VOTING INSTRUCTIONSVoting instructionsYour ballot packet will be mailed to you about 20 days beforethe November 6 general election. It will contain: An insert explaining Washington’s general election. An instruction sheet that explains the voting process. The official ballot where you will mark your choices (it willbe folded). A yellow secrecy envelope with instructions printed on it. A return affidavit envelope with green stripes that is addressedto the county Auditor.To make sure your vote is counted please follow the steps belowwhen you receive your ballot package.12Read the following instructions that explain how tovote in this election.Unfold and read the ballot. It contains all the racesand ballot measures that you can vote.Mark your ballot by completely filling in the box to3 the left of your choice with a black or blue ink pen.Optional. If you want to vote for a candidate not4 appearing on the ballot, completely fill in the box to theleft of the Write-In choice and use the line provided.Check your ballot to be sure you have voted for all5 the candidates and measures you intended. Make sureyou voted for only one candidate in each race. If you votefor more than one candidate, your votes in that race will berejected. Your other votes will be counted if they are donecorrectly.If you make a mistake markingyour ballot, draw a line through theentire candidate’s name as shownbelow. You then have the option ofmaking another choice.Example:Candidate 2 hasbeen chosen in thecity of Vancouver,council race.One candidatehas been markedand the box is filledin completely.Refold the ballot in the same way you received it and6 place it inside the yellow secrecy envelope.Then seal it. Don’t write on this envelope.7Place the yellow secrecy envelope into the whiteaffidavit envelope with green stripes.Read the oath on the affidavit envelope, and then sign8 and date it.9Seal the envelope and put a first class stamp (45¢) onthe envelope and mail it so it is postmarked no laterthan November 6.You may also deliver your envelope in person. Please turnto Page 93 for information about ballot deposit locations.If you need help, call the Elections Department at(360) 397-2345.
Accessible votingACCESSIBLE VOTING •95Using the eSlateClark County voters with disabilities have theoption of casting a truly secret ballot using an accessiblevoting unit.The eSlate accessible voting unit is a directrecord electronic machine that allows voters withdisabilities, including those who are blind, mobilityimpaired or lack upper-body dexterity, to vote privatelyand independently. The eSlate is in a booththat is wheelchair accessible. The photos to theright are of the eSlate, encased in its booth.Beginning 20 days before each election this accessiblevoting machine is available from 8 a.m. to5 p.m. at the Clark County Elections Office, 1408Franklin Street, Vancouver.The elections department may be reached bytaking C-Tran bus #1 Fruit Valley Route. You will belet off at Franklin Street and Mill Plain Blvd.The top photograph shows a close-up of thee-Slate. The photograph on the right shows thee-Slate as part of the wheelchair accessible booth.Continued on next page.
96• ACCESSIBLE VOTINGAccessible votingAbout the accessible eSlateThe eSlate is accessible in six ways.n For those who cannot operate theeSlate using the buttons and wheel,special interface devices are availableas shown here.n For those who cannot see or read theeSlate screen, use the headphoneswith volume control to hear theballot.Accessible featuresn Those who are blind, visually impaired,or have difficulty readingcan listen to the ballot. The SELECTwheel is the trigger to the audio.Turning clockwise moves the listenerthrough the ballot. To hear somethingrepeated, turn the SELECT wheelcounterclockwise.Those using hearing aids with atelecoil mode may use their necklooprather than the headphones.n The RED jelly switch is the same asthe SELECT wheel.The GREEN jelly switch is the same asthe ENTER button.n Voters with quadriplegia can use theirsip-n-puff to move through the ballot.Sip to move through the ballot. Puffto mark your choice.The accessible eSlate unit is in a wheelchair–accessible booth.If you are not in a chair but need to sit while voting, a chair can be used with the special booth.
CANDIDATES • 97Candidate statementsCounty Partisan OfficeCLARK COUNTY COMMISSIONER DISTRICT NO. 1Tom MielkePrefers Republican PartyTom Mielke, successful retired businessman of18 years (employing 35 families) and 8-year StateRepresentative, is running to be re-elected yourCounty Commissioner.Tom has been the only voice for the people on thecommission and on the C-TRAN board, fighting tollsand light rail while demanding a county-wide vote.Successful at reducing County regulations andbusiness strangling fee structures, Tom realizes theurgent need for jobs in Clark County and is focusedon economic development.Decorated Vietnam Combat Veteran, father &grandfather, Tom resides in rural Battle Ground.Voter tested and approved, Tom is again asking foryour vote.Address: Tom Mielke For County Commissioner, POBox 2503, Battle Ground 98604Phone: (360) 608-6201Email: district18rep@msn.comWebsite: www.TomMielke.comJoe TannerPrefers Democrat PartyIt’s All About Jobs!Joe Tanner is a longtime local small businessman,decorated Vietnam veteran, Eagle Scout, formerState Senator, proud husband of 42 years, father, andgrandfather.Joe delivers results. In the legislature he fought forWSU-Vancouver, to eliminate sales tax on manufacturing,and built a strong bi-partisan reputation. AsPresident of the Economic Development Council, Joehelped land thousands of new family wage jobs.Put Joe back to work for you, fighting for goodjobs, adding taxpayers rather than taxes, protectingprivate property rights, and enhancing our quality oflife.Joe welcomes your suggestions and appreciatesyour vote.Address: 1111 Main Street, Suite 400, Vancouver98660; Phone: (360) 910-1600Email: Joe@VoteJoeTanner.comWebsite: www.VoteJoeTanner.comEach candidate for partisan office may state a political party he or she prefers.A candidate’s preference does not imply that the candidate is nominated or endorsedby the party, or that the party approves of or associates with that candidate.These statements are submitted by the candidates and are not checked for accuracy by any government agency
98 • CANDIDATESCounty Partisan OfficeCLARK COUNTY COMMISSIONER DISTRICT NO. 2David MadorePrefers Republican PartyAs founder of US Digital, I built a prospering andthriving debt free business that provides over 100great Clark County jobs. My desire is for all of our citizensto prosper and thrive. As your Commissioner, Icommit to use proven leadership principles to shapea business-friendly environment, free of abusive taxes,burdensome fees, and inappropriate governmentregulations. Funding for the flawed CRC-light railproject should be withdrawn. We must make it easyand affordable for businesses to create precious jobs.Vote to elect David Madore for Commissioner andre-elect Commissioner Tom Mielke. Let’s get ClarkCounty working again!Cell phone: (360) 601-3056Email: David@DavidMadore.comWebsite: www.DavidMadore.comPublic Facebook: www.facebook.com/DavidMadorePublicPersonal/family Facebook: http://www.facebook.com/DavidMadore2Media site: www.COUV.comMarc BoldtPrefers Republican PartyJobs – A word used by many, but rarely backed by action.I have acted, and I believe we stand at the doorof opportunity because of my actions.First, I have provided needed land zoned for jobs.Also, I have, and will fight regulations that taketime and money regardless of the outcome throughDepartment of Ecology and other agencies.I also led for our promising future, creatingour WSU/county heritage farm, a regional healthalliance, a plan to make our county a leader for ouraging population, and others.Thank you for your vote of confidence. God bless.Phone: (360) 256-9025Email: dawn.boldt@gmail.comWebsite: www.marcboldt.comThese statements are submitted by the candidates and are not checked for accuracy by any government agency
Public Utility District Nonpartisan OfficePUBLIC UTILITY DISTRICT No. 1 OF CLARK COUNTY COMMISSIONER DISTRICT NO. 1CANDIDATES • 99Jim MalinowskiNonpartisanI was raised in Clark County, am active in the community,and have regularly attended PUD BoardMeetings for many years prior to this election. Asan electric power engineer and Clark College PowerUtilities Technology Program Manager and Instructor,I have the background to understand the complexelectric and natural gas markets that affect 70%of our power bills. With my strong technical backgroundand knowledge of utility operations, I will beable to represent your interests on the board thatoversees our customer-owned utility district. I willwork to keep rates stable and low as possible.Address: PO Box 127, Amboy 98601Phone: (360) 247-6404Email: j.malinowski@ieee.orgWebsite: http://jim-malinowski.com/Julia AndersonNonpartisanI am running for Clark Public Utilities Commissionerbecause I care. Count on me to ask constructivequestions and get clear answers to preserve low-costpower and water for all utility customers. But mymission is about more than power rates.With 26 years of leadership experience in yourcommunity as a professional journalist covering business,energy, and the economy, I have the skills toget things done. I know how to make decisions thatwill balance livability with job creation on behalf ofyou - the owners of our public-power utility.I would be honored to have your vote.Address: Committee to Elect Julia Anderson, ClarkCounty Public Utilities Commissioner, 15211 NEGrinnell Road, Woodland 98674Phone: (360) 263-0496Website: www.ElectJuliaAnderson.comThese statements are submitted by the candidates and are not checked for accuracy by any government agency
100 • BALLOT MEASURESBallot measureC-TRANProposition No. 1Clark County Public Transportation Benefit Area Authority (C-TRAN)Resolution BR-12-009 and RCW 81.104 authorize a proposition to increase the sales and use tax by 0.1percent, or one penny on a ten dollar purchase, to fund the C-TRAN share of the maintenance andoperations costs only of the Columbia River Crossing Project light rail extension between Expo Center andClark Park & Ride and the local capital share and operations and maintenance costs of the Fourth PlainBoulevard Bus Rapid Transit project.Should this proposition be: APPROVED REJECTEDStatement for:Vote Yes: Accountable, Affordable Transit InvestmentsBusiness leaders, seniors, people with disabilities, students and commuters agree – we needexpanded transit options to fuel our economic recovery, protect access to services, and reducecongestion on our roads and bridges.For a penny on a $10 purchase we will be able to dramatically improve transit in ClarkCounty. Investing in new high capacity transit will create hundreds of new jobs and attract morebusinesses to Clark County. This measure will create a fast and easy way for people to get intoand out of Vancouver – expanding access to retail, goods and services.With a yes vote for transit, Clark County residents will be able to connect into Oregon’s lightrail system and build a bus rapid transit line on Fourth Plain. These two investments will maketransit more reliable, reduce commute and wait times, make it easier to walk or bike to the bus,and improve the comfort and safety of transit.Even if you don’t ride the bus or light rail, transit still serves you! Buses in Clark Countytransport thousands of commuters and students across town, taking countless cars off ourroads and highways. Vote yes to reduce your commute to work, make it easier for goods to getto market, ambulances to get to hospitals, and put people in Clark County back to work.C-Tran is governed by an independent board of elected officials committed to accountabilityand efficient services. Vote yes for Transit!Rebuttal of statementagainst:Opponents of buses and light railare using fear to intentionallymislead voters. This measure hasnothing to do with tolls. It asksfor one penny on every ten dollarpurchase for the operations andupkeep of light rail, to build afaster more efficient bus servicealong Fourth Plain Boulevard,and for service improvementsthroughout Clark County toease congestion and allow moreseniors, students, and commutersto get where they need to go.Written by:Committee in Support of C-TranMembers: Jim Moeller, Chair; Royce Pollard; Tim Kraft
BALLOT MEASURES • 101Explanatory statementC-TRAN currently levies a voter approved 0.7% sales tax. This measure wouldincrease the sales tax by an additional 0.1% (one penny on every ten dollartaxable purchase) to raise an estimated $4.6 million annually in order to fundthe operations and maintenance cost for C-TRAN’s share of light rail transitthrough downtown Vancouver; and the local share to build, and help operateand maintain a Fourth Plain bus rapid transit project between downtownVancouver and Westfield Vancouver Mall. Once these projects are completed,$1.2 million estimated annual savings from eliminating duplicated bus servicewill be reinvested in the system.Statement against:Vote No – Clark County Cannot Afford Light RailFact: Proposition 1 funds will not benefit Clark County. This sales tax will be paid for by ClarkCounty residents with 100% of the proceeds going to Portland. Portland’s financially troubledTri-Met will operate the light rail, not C-Tran.Fact: In addition to this tax increase, tolls will cost $8.28 per round trip across the bridges.The Columbia River Crossing plan calls for $8.28 tolls. For a typical commuter, this will cost$165.60 per month.Fact: Light rail is not a government required component of the CRC Project. The I-5 Bridge canbe replaced without the light rail component.Fact: Light rail in Portland has not relieved congestion. The CRC’s own research shows thatlight rail will have no effect on relieving congestion on I-5.Fact: Light rail is too expensive to operate. Tri-Met currently carries over 1 billion dollars inunpaid debt and continues to lose money every year. C-Tran’s own projections show that in lessthan 10 years of paying for light rail, they too, will be experiencing significant yearly losses.Fact: C-Tran users will lose bus service. C-Tran is already planning to cut “redundant” busservice in the light rail corridor. Current users will be forced to use a light rail system that willincrease their commute time and cost more than their current service.Fact: Light rail provides another mode of transportation for crime and gang activity intoVancouver.Rebuttal of statementfor:Myth: Light rail is faster. Fact:According to CRC and C-Tran, theywill replace 16 minute expressbuses with 36 minute light railrides.Myth: Light rail is affordable.Fact: Light rail is more expensive,$850 million to build, plus $4million to operate each year.Myth: Light rail will easecongestion. Fact: Portland's failedtransportation policy, spendingon Max trains instead of roadwayexpansion has created morecongestion, not less.Please vote No.Written by:Don Benton: (360) 574-7369, don@senatordonbenton.comDavid Madore: (360) 601-3056, david.m@usdigital.comBill Turlay: (360) 608-4689See www.Prop1Facts.com and www.COUV.com for more information and referenceddocuments.
102 • BALLOT MEASURESBallot measureCity of VancouverPROPOSITION NO. 1METROPOLITAN PARK DISTRICTThe Vancouver City Council passed Resolution No. M-3777 to allow voters to decide whether tocreate the "Vancouver Metropolitan Park District," to be governed by the Vancouver City Council asthe ex officio board of park commissioners. If created, the metropolitan park district would have allthe powers under Chapter 35.61 RCW, including the authority to levy a general tax on property not toexceed the statutory maximum to support parks and recreation services.Shall the Vancouver Metropolitan Park District be so created and governed? For the formation of the metropolitan park district, to be governed by the City Council of the Cityof Vancouver as the ex officio board of parks commissioners. Against the formation of the metropolitan park district.Statement for:Keep your Parks Active, Clean, and Safe - Vote YesYes for Vancouver parks! Vancouver's parks, trails, and recreation facilities are a treasuredresource that touches each and every one of us. Whether it's families gathering at the park,the crack of a bat at one of our ball fields, a stroll along our trails, or the splash from one of ourcommunity center pools, our parks and programs are a cornerstone of our quality of life.Yes for Healthy Kids - of All Ages! Parks and Recreation programs touch the lives of all ourcitizens, from activities for our seniors, to after school and sports programs for our kids andclasses for those with disabilities. These programs are essential to help keep our communityhealthy, active and strong.Save Our Parks and Quality Life! Over the past decade our parks and recreation departmenthas suffered more than any other City department - millions have been cut and only half ofthe employees remain. These cuts mean less access to activities, sports and parks for our kids,seniors and citizens of all ages.Formation of a Metropolitan Parks District. A Yes Vote will send a message to our electedofficials letting them know we care about our parks system and want to protect it from furthercuts.Vote Yes for...Neighborhood Parks & Recreation Facilities; After School & Youth Sports Programs; SeniorPrograms like Silver Sneakers; Natural Areas & Trails; Clean Water, Greenways & Parks;Economic Development; A Healthy & Strong Community!Rebuttal of statementagainst:The MPD guaranteesaccountability. Law requiresthat these monies go directlyto protecting our parks andrecreation programs, and cannotbe used for any other purpose.Only 6% of the City's budget goesto parks and recreation and thatis declining. Over 58% of the City'sbudget goes to police and fire andthat is increasing. Let's stop thereduction of parks and recreation.Vote Yes for a healthy community,now and for future generations.Written By:The Committee to Save Vancouver ParksChris Roper; Roy Heikkala, ChairWebsite: www.savevancouverparks.com
BALLOT MEASURES • 103Explanatory statementVoter approval of Proposition No. 1 will create a "Vancouver Metropolitan ParkDistrict" governed by the City Council as the board of park commissionerswithin Vancouver city limits. The District would have all powers providedin Ch. 35.61 RCW, including, but not limited to, maintaining, improving andacquiring parks and recreational facilities; issuing bonds; and levying generaltaxes upon real property within the District. The initial property tax levy wouldbe thirty-five cents per thousand dollars of assessed value, and would assist inrestoring and preserving existing parks and recreation programs by providing adedicated funding source.Statement against:The new MPD is more than just a park district. It is a taxing district with broad powers and noguaranteed accountability.The proposed rate is $.35/1000 but can be permanently hiked to $.75/1000 without yourvote. Your no vote will stop this tax hike.They will have the right to take your land by eminent domain to build, add, or changeparklands.They can build boulevards, airstrips and more and put you, the taxpayer into debt withoutyour consent.And, they can create a park police department with full police powers.Furthermore, the revenue that is raised by this proposal, does not necessarily lead to moremoney for parks. The money now earmarked for parks in the General Funds could be used forother purposes. The result is a classic Bait and Switch. Vote no.Written by:Lynda Wilson: LyndaDWils@gmaiI.com, TruthBeToldClarkCo.comRebuttal of statementfor:Spending more money on parks isnot a necessity like fire and policeprotection. It’s time the City getsfrugal with our money. Now is notthe time to raise your propertytaxes. With the poor economy, theCity will continue to need moremoney for many things. Raisingyour taxes seems to be the waythey want to get it. Neighborhoodscan “Adopt a Park” to help. VoteNo on this tax increase!Our mayor says public pensions are on an unsustainable curve. Seventy percent (70%) ofthis department's budget is compensation related. Shouldn't the city be revamping thisdepartment's compensation plan to save us money before asking to set up a separate taxingdistrict? If there are existing union contracts in place let's wait until they expire and then revisitthis proposal.Police and fire, jobs required to save lives, probably deserve taxpayer supported retirementplans; most other city employees deserve the same level of compensation their private sectorjobs offer.Do you want a tennis center or do you need police and fire protection?Written by:Kevin J. McCann: kevinmccann@ymail.com
104 • COMPLETE TEXT OF MEASURESComplete text of measuresC-TRANProposition No. 1 Clark County Public Transportation BenefitArea Authority (C-TRAN)BOARD RESOLUTION #BR-12-009A RESOLUTION REQUESTING the Clark County Auditor to place on theNovember 6, 2012 general election ballot, a proposition which authorizes theimposition of a 0.1 percent sales and use tax, one penny on a ten dollar purchase,available under Chapter 81.104 RCW to the Clark County Public TransportationBenefit Area (C-TRAN) for the purpose of funding the C-TRAN share of maintenanceand operations costs only of the Columbia River Crossing project light railextension between Expo Center and Clark Park and Ride and the local capital shareand maintenance and operation costs for the Fourth Plain Transit ImprovementProject.WHEREAS, pursuant to Chapter 36.57A RCW, at the November 1980 election,the voters of the Clark County Public Transportation Benefit Authority (PTBA)district approved a 0.3 percent sales and use tax which was matched by the Stateof Washington's motor vehicle excise tax (MVET) to fund public transit; andWHEREAS, following the passage of Initiative 695 in November 1999, the statelegislature voted to eliminate MVET matching funds to all state transit systems,which resulted in the elimination of 40 percent of C-TRAN's revenue and 50 percentof its tax support; andWHEREAS, C-TRAN submitted a ballot measure under Chapter 36.57A RCWfor a 0.2% sales and use tax that was approved by nearly 68% of voters within anew and reduced transit district in September 2005 as part of a 5-Year ServicePreservation Plan that helped narrow the gap created by the loss of the statematch; andWHEREAS, the C-TRAN Board of Directors in June 2010, adopted the agency'sfirst 20-Year Transit Development Plan, C-TRAN 2030 for fixed route, C- VAN andhigh capacity transit (HCT) services; andWHEREAS, C-TRAN submitted a ballot measure under Chapter 36.57A RCW fora 0.2% sales and use tax that was approved by 54% of voters in November 201 1 topreserve C-TRAN local fixed route, limited, commuter and Connector service in theCity of Vancouver and its 2005 Urban Growth Boundary, and the city limits only ofCamas, Washougal, Battle Ground, La Center, Ridgefield, and the town of Yacolt;and to meet the current and projected growth for Paratransit service, C-VAN; andWHEREAS, the C-TRAN Board of Directors in June 2010, adopted the agency'sfirst 20-Year Transit Development Plan, C-TRAN 2030 for fixed route, C-VAN andhigh capacity transit (HCT) services; andWHEREAS, C-TRAN is authorized under Chapter 81.104 RCW to plan, develop,and implement High Capacity Transit (HCT) services; andWHEREAS, C-TRAN is one of the eight project sponsors of the Columbia RiverCrossing (CRC) Project and on July 8, 2008, adopted a Locally Preferred Alternative(LPA) that endorsed as an HCT mode light rail transit between the Oregon side ofthe Columbia River and the northern HCT terminus in Clark County; andWHEREAS, The CRC Finance Plan proposes to fund 100% of the capital cost ofthe light rail extension with a Federal Transit Administration grant; andWHEREAS, the July 8, 2008 C-TRAN endorsement of the CRC LPA stipulatedthat any means to finance operations of the C-TRAN HCT component of the CRCproject shall be submitted to impacted voters for approval; andWHEREAS, the Fourth Plain Transit Improvement Project Locally PreferredAlternative adopted by the Board July 10, 2012 is a Bus Rapid Transit HCT system inmixed traffic; andWHEREAS, RCW 81.104.030 and RCW 81.104.140 authorize transit agencies inany county of a population of 175,000 or more to impose taxes authorized underthis chapter for development and provision of HCT services through a system andfinance plan to be approved by the voters; andWHEREAS, on November 9, 2010 the C-TRAN Board of Directors appointed aJoint Regional Policy Committee (RPC) per RCW 81.104.030; andWHEREAS, on February 13, 2012 the Chairs of the Washington State Senateand House Transportation Committees, the Washington State Secretary of theDepartment of Transportation, and the Washington State Governor appointed aC-TRAN High Capacity Transit Expert Review Panel (ERP) for independent oversightof the HCT System and Finance Plan per RCW 81.104.110; andWHEREAS, on June 29, 2012 the C-TRAN HCT ERP issued its Findings andRecommendations Report; andWHEREAS, on July 10, 2012, after review of the ERP Report, the RPC andC-TRAN Board of Directors considered and approved the C-TRAN HCT System andFinance Plan; andWHEREAS, The C-TRAN Board of Directors determined on July 10, 2012 thata 0.1 percent sales and use tax, one penny on a ten dollar purchase, pursuant toChapter 81.104 RCW is to fund C-TRAN's share of maintenance and operationscosts of the Columbia River Crossing light rail extension between Expo Center andClark Park and Ride, and the local capital share and maintenance and operationscosts of the Fourth Plain Transit Improvement Project.NOW THEREFORE, BE IT RESOLVED by the C-TRAN Board of Directors that theClark County Auditor accept the following ballot proposition language subject tothe County Auditors' approval process for placement on the November 6, 2012General Election Ballot:Proposition No. 1Clark County Public Transportation Benefit Area Authority (C-TRAN)Resolution BR-12-009 and RCW 81.104 authorize a proposition to increasethe sales and use tax by 0.1 percent, or one penny on a ten dollar purchase,to fund the C-TRAN share of the maintenance and operations costs onlyof the Columbia River Crossing Project light rail extension between ExpoCenter and Clark Park & Ride and the local capital share and operations andmaintenance costs of the Fourth Plain Boulevard Bus Rapid Transit project.Should this proposition be:APPROVED_______REJECTED _______BE IT FURTHER RESOLVED that the C-TRAN Board of Directors hereby directsstaff to provide to the citizens of the C-TRAN transit district a document thatdescribes the services included in the HCT System and Finance Plan as describedabove and what happens should the ballot measure be approved or rejected.RESOLVED AND ADOPTED THIS 10th day of July 2012.Ayes: Marc Boldt, Connie Jo Freeman, Bill Ganley, Bart Hansen, Jim Irish,Tim Leavitt, Larry Smith, Steve StuartNays:Absent: Tom MielkeL.J. Smith/sLarry J. Smith, ChairAttest: D.Jermann/sDebbie Jermann, Clerk of the Board
COMPLETE TEXT OF MEASURES • 105City of VancouverPROPOSITION NO. 1 METROPOLITAN PARK DISTRICTRESOLUTION NO. M-3777A RESOLUTION OF THE CITY OF VANCOUVER, WASHINGTON, PROVIDING FORTHE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OFVANCOUVER AT A REGULAR ELECTION TO BE HELD ON NOVEMBER 6, 2012, FORTHEIR APPROVAL OR REJECTION OF THE CREATION OF A METROPOLITAN PARKDISTRICT PURSUANT TO CHAPTER 35.61 RCW.WHEREAS, RCW 35.61.010 provides that a metropolitan park district ("MPD")may be created for the management, control, improvement, maintenance, andacquisition of parks, parkways, boulevards and recreational facilities, and an MPDmay include territory located in all of one city when created; andWHEREAS, the City of Vancouver ("City"), by and through the Vancouver-ClarkParks and Recreation Department ("VCPRD"), currently operates, acquires, andmaintains its parks lands and recreation facilities funded with City general funddollars, grants, user fees, and private donations; andWHEREAS, providing for parks, open spaces and recreational opportunities isrequired by City Charter Section 8.04; andWHEREAS, the Vancouver City Council, together with the Clark County Board ofCommissioners, convened six area jurisdictions in 2010 to make recommendationson the future funding and governance of local and regional parks and recreationservices ("Blue Ribbon Commission"); andWHEREAS, the Blue Ribbon Commission on parks and recreation recommendedto the Vancouver City Council numerous sustainability strategies yielding greatercollaboration and consolidation of services, including the formation of an MPD forimproved financial stability; andWHEREAS, the Vancouver City Council has reviewed the recommendations ofthe VCPRD for the restoration, preservation and enhancement of certain parkand recreation programs, activities and services (the "Recreation Services") aswell as the repair, restoration, improvement, development, maintenance, constructionand equipping of various City parks and recreation facilities (the "ParkImprovements"); andWHEREAS, the City's long-term forecast for general fund and other fundingsources indicate that such funding may no longer be able to support the ongoingcosts of providing recreation services and programs or the operation, maintenance,and acquisition of parks lands and recreation facilities consistent with thelevel of services that have been provided in the past; andWHEREAS, RCW 35.61.020 gives cities the authority to pass a resolution callingfor an election on the creation of an MPD and stating the name of the proposedMPD and how it will be governed; andWHEREAS, RCW 35.61.050 provides that when the boundaries of an MPD willbe the same as a city's corporate limits, the City Council may serve as the ex officioboard of parks commissioners; andWHEREAS, creation of an MPD would be financially advantageous to the Cityand its citizens because state law grants an MPD greater financial flexibility thancities possess; andWHEREAS, an established MPD has the authority to permanently levy a maximumof $.75 per $1,000 assessed property value, but a levy rate of $.35 per $1,000assessed property value, together with ongoing general fund and other support,is currently projected to be adequate to pay costs of operations and maintenanceas found necessary by the City Council to provide desired parks and recreationservices within the City; andWHEREAS, the combined levies of all taxing entities in a jurisdiction may notexceed the statutory maximum of $5.90/$1,000 of assessed valuation and in theevent that the assessed valuation of real property within the jurisdiction declinessufficiently, the combined levies of all taxing entities in a jurisdiction may exceedthe statutory maximum; andWHEREAS, in such case, certain taxing districts, including MPD's, are requiredto reduce their levies resulting in a reallocation of tax revenues to other taxingdistricts; andWHEREAS, RCW 84.52.120 provides that with voter approval, $0.25/$1,000of assessed valuation of an MPD tax levy may be protected from proration for aperiod of six years by imposing all or any portion of the district's $0.25/$1,000of assessed valuation tax levy outside of the $5.90/$1000 of assessed valuationlimitation; andWHEREAS, in the event it is estimated that assessed valuations in the proposedMPD may decline enough to trigger proration, the MPD, if formed, may requestvoter approval as described above to protect all or any portion of $0.257/$1,000of assessed valuation of the MPD's projected regular property tax levy of$0.35/$1,000 for future years if those taxes otherwise would be prorated underRCW 84.52.010(3)(b)(iii).NOW THEREFORE,BE IT RESOLVED BY THE CITY OF VANCOUVER:Section 1. Findings. The City Council hereby adopts the foregoing recital clausesas findings in support of this Resolution. The City Council further finds that thebest interests of the citizens of the City require the payment of costs associatedwith the current and future maintenance and operation of the park and recreationsystem, including recreation services, facilities and parks.Section 2. Proposed metropolitan park district. The City Council proposes thecreation of a metropolitan park district to be called "Vancouver Metropolitan ParkDistrict," that its boundaries be the same as the Vancouver, Washington, corporatelimits, and that the Vancouver City Council serves as the ex officio board of parkcommissioners.Section 3. Call for election. Pursuant to RCW 35.61.020, the City Council of theCity of Vancouver hereby calls for submission of a proposition to the qualified votersof the City as set forth in Section 4 of this resolution. The Clark County Auditor,as ex officio supervisor of elections in Clark County, is hereby requested to conductthis election in the City of Vancouver for the Tuesday, November 6, 2012 generalballot.Section 4. Ballot Proposition. The proposition to be submitted to the electorateof the City of Vancouver shall read substantially as follows:CITY OF VANCOUVERPROPOSITION NO. 1METROPOLITAN PARK DISTRICTThe Vancouver City Council passed Resolution No. M-3777 to allow voters todecide whether to create the "Vancouver Metropolitan Park District," to be governedby the Vancouver City Council as the ex officio board of park commissioners.If created, the metropolitan park district would have all the powers under Chapter35.61 RCW, including the authority to levy a general tax on property not to exceedthe statutory maximum to support parks and recreation services.Shall the Vancouver Metropolitan Park District be so created and governed?[ ] For the formation of the metropolitan park district, to be governedby the City Council of the City of Vancouver as the ex officio board of parkscommissioners.[ ] Against the formation of the metropolitan park district.Section 5. Direction to Clerk. The City Clerk shall forthwith certify to theAuditor of Clark County as ex officio Supervisor of Elections, the resolution setforth in Section 4 of this Resolution by no later than August 7, 2012, and shall requestthat the Auditor publish the proposed ballot proposition in accordance withlaw.ADOPTED at regular session of the Council of the City of Vancouver, the 18thday of June, 2012.Timothy D. Leavitt/s, MayorAttest:R. Lloyd Tyler, City ClerkBy: Carrie Lewellen/s, Deputy City ClerkApproved as to form:Ted H. Gathe/s, City Attorney
106Initiative Measure 1185Complete TextInitiative Measure 1185AN ACT Relating to taxes and fees imposed by stategovernment; amending RCW 43.135.034, 43.135.055,43.135.031, and 43.135.041; creating new sections; andrepealing 2010 c 4 s 2.BE IT ENACTED BY THE PEOPLE OF THE STATE OFWASHINGTON:INTENTNEW SECTION. Sec. 1. This initiative should deter thegovernor and the legislature from sidestepping, suspending, orrepealing any of Initiative 1053’s policies which voters approvedby a huge margin in 2010. The people insist that tax increasesreceive either two-thirds legislative approval or voter approvaland fee increases receive a simple majority vote. Theseimportant policies ensure that taxpayers will be protectedand that taking more of the people’s money will always be anabsolute last resort.PROTECTING TAXPAYERS BY REQUIRING EITHER TWO-THIRDSLEGISLATIVE APPROVAL OR VOTER APPROVAL FOR THELEGISLATURE TO RAISE TAXESSec. 2. RCW 43.135.034 and 2011 c 1 s 2 are each amended toread as follows:(1)(a) ((After July 1, 1995, a)) Any action or combination ofactions by the legislature that raises taxes may be taken only ifapproved by ((at least)) a two-thirds ((legislative approval)) votein both the house of representatives and the senate. Pursuantto the referendum power set forth in Article II, section 1(b) of thestate Constitution, tax increases may be referred to the votersfor their approval or rejection at an election.(b) For the purposes of this chapter, “raises taxes” meansany action or combination of actions by the state legislaturethat increases state tax revenue deposited in any fund, budget,or account, regardless of whether the revenues are depositedinto the general fund.(2)(a) If the legislative action under subsection (1) of thissection will result in expenditures in excess of the stateexpenditure limit, then the action of the legislature shallnot take effect until approved by a vote of the people ata November general election. The state expenditure limitcommittee shall adjust the state expenditure limit by theamount of additional revenue approved by the voters underthis section. This adjustment shall not exceed the amount ofrevenue generated by the legislative action during the first fullfiscal year in which it is in effect. The state expenditure limitshall be adjusted downward upon expiration or repeal of thelegislative action.How do I read measure text?Any language in double parentheseswith a line through it is existing statelaw and will be taken out of the law ifthis measure is approved by voters.((sample of text to be deleted))Any underlined language does notappear in current state law but willbe added to the law if this measure isapproved by voters.sample of text to be added(b) The ballot title for any vote of the people required underthis section shall be substantially as follows:“Shall taxes be imposed on.......in order to allow a spendingincrease above last year’s authorized spending adjusted forpersonal income growth?”(3)(a) The state expenditure limit may be exceeded upondeclaration of an emergency for a period not to exceed twentyfourmonths by a law approved by a two-thirds vote of eachhouse of the legislature and signed by the governor. The lawshall set forth the nature of the emergency, which is limited tonatural disasters that require immediate government action toalleviate human suffering and provide humanitarian assistance.The state expenditure limit may be exceeded for no more thantwenty-four months following the declaration of the emergencyand only for the purposes contained in the emergencydeclaration.(b) Additional taxes required for an emergency under thissection may be imposed only until thirty days following thenext general election, unless an extension is approved atthat general election. The additional taxes shall expire uponexpiration of the declaration of emergency. The legislature shallnot impose additional taxes for emergency purposes underthis subsection unless funds in the education construction fundhave been exhausted.(c) The state or any political subdivision of the state shall notimpose any tax on intangible property listed in RCW 84.36.070as that statute exists on January 1, 1993.(4) If the cost of any state program or function is shiftedfrom the state general fund to another source of funding,or if moneys are transferred from the state general fund toanother fund or account, the state expenditure limit committee,acting pursuant to RCW 43.135.025(5), shall lower the stateexpenditure limit to reflect the shift. For the purposes of thissection, a transfer of money from the state general fund toanother fund or account includes any state legislative actiontaken that has the effect of reducing revenues from a particularsource, where such revenues would otherwise be depositedinto the state general fund, while increasing the revenues fromthat particular source to another state or local governmentaccount. This subsection does not apply to: (a) The dedicationor use of lottery revenues under RCW 67.70.240(3), in supportof education or education expenditures; or (b) a transfer ofmoneys to, or an expenditure from, the budget stabilizationaccount.(5) If the cost of any state program or function and theongoing revenue necessary to fund the program or functionare shifted to the state general fund on or after January 1, 2007,the state expenditure limit committee, acting pursuant to RCW43.135.025(5), shall increase the state expenditure limit to reflectthe shift unless the shifted revenue had previously been shiftedfrom the general fund.(6) For the purposes of chapter, “raises taxes” meansany action or combination of actions by the legislature thatincreases state tax revenue deposited in any fund, budget, oraccount, regardless of whether the revenues are deposited intothe general fund.Sec. 3. 2010 c 4 s 2 is repealed.PROTECTING TAXPAYERS BY REQUIRING FEE INCREASESRECEIVE A SIMPLE MAJORITY VOTESec. 4. RCW 43.135.055 and 2011 c 1 s 5 are each amended toread as follows:(1) A fee may only be imposed or increased in any fiscal yearif approved with a simple majority ((legislative approval)) votein both the house of representatives and the senate and mustbe subject to the accountability procedures required by RCW43.135.031.
Initiative Measure 1185 | Initiative Measure 1240107(2) This section does not apply to an assessment made byan agricultural commodity commission or board created bystate statute or created under a marketing agreement or orderunder chapter 15.65 or 15.66 RCW, or to the forest productscommission, if the assessment is approved by referendumin accordance with the provisions of the statutes creatingthe commission or board or chapter 15.65 or 15.66 RCW forapproving such assessments.STATUTORY REFERENCE CORRECTIONSSec. 5. RCW 43.135.031 and 2010 c 1 s 2 are each amended toread as follows:(1) For any bill introduced in either the house ofrepresentatives or the senate that raises taxes as defined by((*RCW 43.135.035)) RCW 43.135.034 or increases fees, theoffice of financial management must expeditiously determineits cost to the taxpayers in its first ten years of imposition, mustpromptly and without delay report the results of its analysis bypublic press release via e-mail to each member of the house ofrepresentatives, each member of the senate, the news media,and the public, and must post and maintain these releaseson its web site. Any ten-year cost projection must include ayear-by-year breakdown. For any bill containing more than onerevenue source, a ten-year cost projection for each revenuesource will be included along with the bill’s total ten-year costprojection. The press release shall include the names of thelegislators, and their contact information, who are sponsorsand cosponsors of the bill so they can provide information to,and answer questions from, the public.(2) Any time any legislative committee schedules a publichearing on a bill that raises taxes as defined by ((*RCW43.135.035)) RCW 43.135.034 or increases fees, the office offinancial management must promptly and without delayreport the results of its most up-to-date analysis of the billrequired by subsection (1) of this section and the date, time,and location of the hearing by public press release via e-mailto each member of the house of representatives, each memberof the senate, the news media, and the public, and must postand maintain these releases on its web site. The press releaserequired by this subsection must include all the informationrequired by subsection (1) of this section and the names of thelegislators, and their contact information, who are members ofthe legislative committee conducting the hearing so they canprovide information to, and answer questions from, the public.(3) Each time a bill that raises taxes as defined by ((*RCW43.135.035)) RCW 43.135.034 or increases fees is approved byany legislative committee or by at least a simple majority ineither the house of representatives or the senate, the officeof financial management must expeditiously reexamine andredetermine its ten-year cost projection due to amendment orother changes during the legislative process, must promptlyand without delay report the results of its most up-to-dateanalysis by public press release via e-mail to each member ofthe house of representatives, each member of the senate, thenews media, and the public, and must post and maintain thesereleases on its web site. Any ten-year cost projection mustinclude a year-by-year breakdown. For any bill containing morethan one revenue source, a ten-year cost projection for eachrevenue source will be included along with the bill’s total tenyearcost projection. The press release shall include the namesof the legislators, and their contact information, and howthey voted on the bill so they can provide information to, andanswer questions from, the public.(4) For the purposes of this section, “names of legislators,and their contact information” includes each legislator’sposition(senator or representative), first name, last name, partyaffiliation (for example, Democrat or Republican), city or townthey live in, office phone number, and office e-mail address.(5) For the purposes of this section, “news media” meansany member of the press or media organization, includingnewspapers, radio, and television, that signs up with the officeof financial management to receive the public press releases bye-mail.(6) For the purposes of this section, “the public” means anyperson, group, or organization that signs up with the office offinancial management to receive the public press releases bye-mail.Sec. 6. RCW 43.135.041 and 2010 c 4 s 3 are each amended toread as follows:(1)(a) After July 1, 2011, if legislative action raising taxes asdefined by ((*RCW 43.135.035)) RCW 43.135.034 is blocked froma public vote or is not referred to the people by a referendumpetition found to be sufficient under RCW 29A.72.250, ameasure for an advisory vote of the people is required andshall be placed on the next general election ballot under thischapter((1, Laws of 2008)).(b) If legislative action raising taxes enacted after July1, 2011, involves more than one revenue source, each taxbeing increased shall be subject to a separate measure for anadvisory vote of the people under the requirements of thischapter((1, Laws of 2008)).(2) No later than the first of August, the attorney general willsend written notice to the secretary of state of any tax increasethat is subject to an advisory vote of the people, under theprovisions and exceptions provided by this chapter((1, Laws of2008)). Within five days of receiving such written notice fromthe attorney general, the secretary of state will assign a serialnumber for a measure for an advisory vote of the people andtransmit one copy of the measure bearing its serial numberto the attorney general as required by RCW 29A.72.040, forany tax increase identified by the attorney general as needingan advisory vote of the people for that year’s general electionballot. Saturdays, Sundays, and legal holidays are not countedin calculating the time limits in this subsection.(3) For the purposes of this section, “blocked from a publicvote” includes adding an emergency clause to a bill increasingtaxes, bonding or contractually obligating taxes, or otherwisepreventing a referendum on a bill increasing taxes.(4) If legislative action raising taxes is referred to the peopleby the legislature or is included in an initiative to the peoplefound to be sufficient under RCW 29A.72.250, then the taxincrease is exempt from an advisory vote of the people underthis chapter((1, Laws of 2008)).CONSTRUCTION CLAUSENEW SECTION. Sec. 7. The provisions of this act are tobe liberally construed to effectuate the intent, policies, andpurposes of this act.SEVERABILITY CLAUSENEW SECTION. Sec. 8. If any provision of this act or itsapplication to any person or circumstance is held invalid, theremainder of the act or the application of the provision to otherpersons or circumstances is not affected.MISCELLANEOUSNEW SECTION. Sec. 9. This act is known and may be cited as“Save The 2/3’s Vote For Tax Increases (Again) Act.”--- END ---Complete TextInitiative Measure 1240AN ACT Relating to public charter schools; amending RCW28A.150.010, 28A.315.005, and 41.05.011; adding a new sectionto chapter 41.32 RCW; adding a new section to chapter 41.35RCW; adding a new section to chapter 41.40 RCW; adding a new
108Initiative Measure 1240section to chapter 41.56 RCW; adding a new section to chapter41.59 RCW; and adding a new chapter to Title 28A RCW.BE IT ENACTED BY THE PEOPLE OF THE STATE OFWASHINGTON:PART 1INTENT, PURPOSE, AND FINDINGSNEW SECTION. Sec. 101. (1) The people of the state ofWashington in enacting this initiative measure find:(a) In accordance with Article IX, section 1 of the stateConstitution, “it is the paramount duty of the state to makeample provision for the education of all children residing withinits borders, without distinction or preference on account ofrace, color, caste, or sex”;(b) All students deserve excellent educational opportunitiesand the highest quality standards of public education available;(c) Many of our public schools are failing to addressinequities in educational opportunities for all students,including academic achievement, drop-out rates, and othermeasures of educational success for students across alleconomic, racial, ethnic, geographic, and other groups;(d) It is a priority of the people of the state of Washington toimprove the quality of our public schools and the education andacademic achievement of all students throughout our state;(e) Forty-one states have public charter schools with manyranked higher in student performance than Washington’sschools;(f) Allowing public charter schools in Washington will giveparents more options to find the best learning environment fortheir children;(g) Public charter schools free teachers and principals fromburdensome regulations that limit other public schools, givingthem the flexibility to innovate and make decisions aboutstaffing, curriculum, and learning opportunities to improvestudent achievement and outcomes;(h) Public charter schools are designed to find solutions toproblems that affect chronically underperforming schools andto better serve at-risk students who most need help;(i) Public charter schools have cost-effectively improvedstudent performance and academic achievement for studentsthroughout the country, especially for students from the lowestperformingpublic schools;(j) Public charter schools serving low-income, urban studentsoften outperform traditional public schools in improvingstudent outcomes and are closing the achievement gap for atriskstudents;(k) The Washington supreme court recently concluded, inMcLeary v. State, that “The State has failed to meet its dutyunder Article IX, section 1 [to amply provide for the education ofall children within its borders] by consistently providing schooldistricts with a level of resources that falls short of the actualcosts of the basic education program”;(l) The opportunity to provide education through publiccharter schools will create efficiencies in the use of theresources the state provides to school districts;(m) Public charter schools, as authorized in chapter..., Lawsof 2013 (this act), are “common schools” and part of the“general and uniform system of public schools” provided bythe legislature as required by Article IX, section 2 of the stateConstitution; and(n) This initiative will:(i) Allow a maximum of up to forty public charter schoolsto be established over a five-year period as independentlymanaged public schools operated only by qualified nonprofitorganizations approved by the state;(ii) Require that teachers in public charter schools be held tothe same certification requirements as teachers in other publicschools;(iii) Require that there will be annual performance reviewsof public charter schools created under this measure, and thatthe performance of these schools be evaluated to determinewhether additional public charter schools should be allowed;(iv) Require that public charter schools be free and opento all students just like traditional public schools are, and thatstudents be selected by lottery to ensure fairness if morestudents apply than a school can accommodate;(v) Require that public charter schools be subject to the sameacademic standards as existing public schools;(vi) Require public charter schools to be authorized andoverseen by a state charter school commission, or by a localschool board;(vii) Require that public charter schools receive fundingbased on student enrollment just like existing public schools;(viii) Allow public charter schools to be free from manyregulations so that they have more flexibility to set curriculumand budgets, hire and fire teachers and staff, and offer morecustomized learning experiences for students; and(ix) Give priority to opening public charter schools that serveat-risk student populations or students from low-performingpublic schools.(2) Therefore, the people enact this initiative measure toauthorize a limited number of public charter schools in thestate of Washington, to be operated by qualified nonprofitorganizations with strong accountability and oversight, andto evaluate the performance of these schools and potentialbenefits of new models for improving academic achievementfor all students.PART IIAUTHORIZING CHARTER SCHOOLSNEW SECTION. Sec. 201. DEFINITIONS--CHARTERSCHOOLS. The definitions in this section apply throughout thischapter unless the context clearly requires otherwise.(1) “Applicant” means a nonprofit corporation that hassubmitted an application to an authorizer. The nonprofitcorporation must be either a public benefit nonprofitcorporation as defined in RCW 24.03.490, or a nonprofitcorporation as defined in RCW 24.03.005 that has appliedfor tax exempt status under section 501(c)(3) of the internalrevenue code of 1986 (26 U.S.C. Sec. 501(c)(3)). The nonprofitcorporation may not be a sectarian or religious organizationand must meet all of the requirements for a public benefitnonprofit corporation before receiving any funding undersection 222 of this act.(2) “At-risk student” means a student who has an academicor economic disadvantage that requires assistance or specialservices to succeed in educational programs. The term includes,but is not limited to, students who do not meet minimumstandards of academic proficiency, students who are atrisk of dropping out of high school, students in chronicallylow-performing schools, students with higher than averagedisciplinary sanctions, students with lower participationrates in advanced or gifted programs, students who arelimited in English proficiency, students who are members ofeconomically disadvantaged families, and students who areidentified as having special educational needs.(3) “Authorizer” means an entity approved under section209 of this act to review, approve, or reject charter schoolapplications; enter into, renew, or revoke charter contractswith applicants; and oversee the charter schools the entity hasauthorized.
Initiative Measure 1240109(4) “Charter contract” means a fixed term, renewablecontract between a charter school and an authorizer thatoutlines the roles, powers, responsibilities, and performanceexpectations for each party to the contract.(5) “Charter school” or “public charter school” means apublic school governed by a charter school board and operatedaccording to the terms of a charter contract executed under thischapter and includes a new charter school and a conversioncharter school.(6) “Charter school board” means the board of directorsappointed or selected under the terms of a charter applicationto manage and operate the charter school.(7) “Commission” means the Washington charter schoolcommission established in section 208 of this act.(8) “Conversion charter school” means a charter schoolcreated by converting an existing noncharter public school in itsentirety to a charter school under this chapter.(9) “New charter school” means any charter schoolestablished under this chapter that is not a conversion charterschool.(10) “Parent” means a parent, guardian, or other person orentity having legal custody of a child.(11) “Student” means any child eligible under RCW28A.225.160 to attend a public school in the state.NEW SECTION. Sec. 202. LEGAL STATUS. A charter schoolestablished under this chapter:(1) Is a public, common school open to all children free ofcharge;(2) Is a public, common school offering any program orcourse of study that a noncharter public school may offer,including one or more of grades kindergarten through twelve;(3) Is governed by a charter school board according to theterms of a renewable, five-year charter contract executed undersection 216 of this act;(4) Is a public school to which parents choose to send theirchildren;(5) Functions as a local education agency under applicablefederal laws and regulations and is responsible for meeting therequirements of local education agencies and public schoolsunder those federal laws and regulations, including but notlimited to compliance with the individuals with disabilitieseducation improvement act (20 U.S.C. Sec. 1401 et seq.), thefederal educational rights and privacy act (20 U.S.C. Sec.1232g), and the elementary and secondary education act (20U.S.C. Sec. 6301 et seq.).NEW SECTION. Sec. 203. CHARTER SCHOOL BOARDS--POWERS. (1) To carry out its duty to manage and operate thecharter school and carry out the terms of its charter contract, acharter school board may:(a) Hire, manage, and discharge any charter school employeein accordance with the terms of this chapter and that school’scharter contract;(b) Receive and disburse funds for the purposes of thecharter school;(c) Enter into contracts with any school district, educationalservice district, or other public or private entity for the provisionof real property, equipment, goods, supplies, and services,including educational instructional services and including forthe management and operation of the charter school to thesame extent as other noncharter public schools, as long as thecharter school board maintains oversight authority over thecharter school. Contracts for management operation of thecharter school may only be with nonprofit organizations;(d) Rent, lease, purchase, or own real property. All chartercontracts and contracts with other entities must includeprovisions regarding the disposition of the property if thecharter school fails to open as planned or closes, or if thecharter contract is revoked or not renewed;(e) Issue secured and unsecured debt, including pledging,assigning, or encumbering its assets to be used as collateralfor loans or extensions of credit to manage cash flow, improveoperations, or finance the acquisition of real property orequipment: PROVIDED, That the public charter school may notpledge, assign, or encumber any public funds received or tobe received pursuant to section 222 of this act. The debt is nota general, special, or moral obligation of the state, the charterschool authorizer, the school district in which the charter schoolis located, or any other political subdivision or agency of thestate. Neither the full faith and credit nor the taxing power ofthe state or any political subdivision or agency of the state maybe pledged for the payment of the debt;(f) Solicit, accept, and administer for the benefit of thecharter school and its students, gifts, grants, and donationsfrom individuals or public or private entities, excluding fromsectarian or religious organizations. Charter schools may notaccept any gifts or donations the conditions of which violatethis chapter or other state laws; and(g) Issue diplomas to students who meet state high schoolgraduation requirements established under RCW 28A.230.090.A charter school board may establish additional graduationrequirements.(2) A charter school board may not levy taxes or issue taxbackedbonds. A charter school board may not acquire propertyby eminent domain.NEW SECTION. Sec. 204. CHARTER SCHOOLS--APPLICABILITY OF STATE LAWS. (1) A charter school mustoperate according to the terms of its charter contract and theprovisions of this chapter.(2) All charter schools must:(a) Comply with local, state, and federal health, safety,parents’ rights, civil rights, and nondiscrimination lawsapplicable to school districts and to the same extent as schooldistricts, including but not limited to chapter 28A.642 RCW(discrimination prohibition) and chapter 28A.640 RCW (sexualequality);(b) Provide basic education, as provided in RCW 28A.150.210,including instruction in the essential academic learningrequirements and participate in the statewide studentassessment system as developed under RCW 28A.655.070;(c) Employ certificated instructional staff as required inRCW 28A.410.025: PROVIDED, That charter schools may hirenoncertificated instructional staff of unusual competence and inexceptional cases as specified in RCW 28A.150.203(7);(d) Comply with the employee record check requirements inRCW 28A.400.303;(e) Adhere to generally accepted accounting principles and besubject to financial examinations and audits as determined bythe state auditor, including annual audits for legal and fiscalcompliance;(f) Comply with the annual performance report under RCW28A.655.110;(g) Be subject to the performance improvement goalsadopted by the state board of education under RCW28A.305.130;(h) Comply with the open public meetings act in chapter42.30 RCW and public records requirements in chapter 42.56RCW; and(i) Be subject to and comply with legislation enacted afterthe effective date of this section governing the operation andmanagement of charter schools.(3) Public charter schools must comply with all state statutesand rules made applicable to the charter school in the school’s
110Initiative Measure 1240charter contract and are subject to the specific state statutes andrules identified in subsection (2) of this section. Charter schoolsare not subject to and are exempt from all other state statutesand rules applicable to school districts and school districtboards of directors, for the purpose of allowing flexibility toinnovate in areas such as scheduling, personnel, funding, andeducational programs in order to improve student outcomesand academic achievement. Charter schools are exempt fromall school district policies except policies made applicable in theschool’s charter contract.(4) No charter school may engage in any sectarian practicesin its educational program, admissions or employment policies,or operations.(5) Charter schools are subject to the supervision of thesuperintendent of public instruction and the state board ofeducation, including accountability measures, to the sameextent as other public schools, except as otherwise provided inchapter..., Laws of 2013 (this act).NEW SECTION. Sec. 205. ADMISSION AND ENROLLMENTOF STUDENTS. (1) A charter school may not limit admissionon any basis other than age group, grade level, or capacity andmust enroll all students who apply within these bases. A charterschool is open to any student regardless of his or her location ofresidence.(2) A charter school may not charge tuition, but may chargefees for participation in optional extracurricular events andactivities in the same manner and to the same extent as doother public schools.(3) A conversion charter school must provide sufficientcapacity to enroll all students who wish to remain enrolled inthe school after its conversion to a charter school, and may notdisplace students enrolled before the chartering process.(4) If capacity is insufficient to enroll all students who applyto a charter school, the charter school must select studentsthrough a lottery to ensure fairness. However, a charter schoolmust give an enrollment preference to siblings of alreadyenrolled students.(5) The capacity of a charter school must be determinedannually by the charter school board in consultation with thecharter authorizer and with consideration of the charter school’sability to facilitate the academic success of its students, achievethe objectives specified in the charter contract, and assurethat its student enrollment does not exceed the capacity of itsfacility. An authorizer may not restrict the number of students acharter school may enroll.(6) Nothing in this section prevents formation of a charterschool whose mission is to offer a specialized learningenvironment and services for particular groups of students,such as at-risk students, students with disabilities, or studentswho pose such severe disciplinary problems that they warranta specific educational program. Nothing in this sectionprevents formation of a charter school organized around aspecial emphasis, theme, or concept as stated in the school’sapplication and charter contract.NEW SECTION. Sec. 206. CHARTER SCHOOL STUDENTS.(1) School districts must provide information to parents and thegeneral public about charter schools located within the districtas an enrollment option for students.(2) If a student who was previously enrolled in a charterschool enrolls in another public school in the state, the student’snew school must accept credits earned by the student in thecharter school in the same manner and according to the samecriteria that credits are accepted from other public schools.(3) A charter school is eligible for state or district-sponsoredinterscholastic programs, awards, scholarships, or competitionsto the same extent as other public schools.NEW SECTION. Sec. 207. AUTHORIZERS. The followingentities are eligible to be authorizers of charter schools:(1) The Washington charter school commission establishedunder section 208 of this act, for charter schools locatedanywhere in the state; and(2) School district boards of directors that have beenapproved by the state board of education under section 209 ofthis act before authorizing a charter school, for charter schoolslocated within the school district’s own boundaries.NEW SECTION. Sec. 208. WASHINGTON CHARTER SCHOOLCOMMISSION. (1) The Washington charter school commissionis established as an independent state agency whose missionis to authorize high quality public charter schools throughoutthe state, particularly schools designed to expand opportunitiesfor at-risk students, and to ensure the highest standards ofaccountability and oversight for these schools. The commissionshall, through its management, supervision, and enforcementof the charter contracts, administer the portion of the publiccommon school system consisting of the charter schools itauthorizes as provided in this chapter, in the same manner asa school district board of directors, through its management,supervision, and enforcement of the charter contracts, andpursuant to applicable law, administers the charter schools itauthorizes.(2) The commission shall consist of nine members, no morethan five of whom shall be members of the same politicalparty. Three members shall be appointed by the governor;three members shall be appointed by the president of thesenate; and three members shall be appointed by the speakerof the house of representatives. The appointing authoritiesshall assure diversity among commission members, includingrepresentation from various geographic areas of the stateand shall assure that at least one member is a parent of aWashington public school student.(3) Members appointed to the commission shall collectivelypossess strong experience and expertise in public andnonprofit governance; management and finance; public schoolleadership, assessment, curriculum, and instruction; andpublic education law. All members shall have demonstratedan understanding of and commitment to charter schooling as astrategy for strengthening public education.(4) Members shall be appointed to four-year, staggeredterms, with initial appointments from each of the appointingauthorities consisting of one member appointed to a one-yearterm, one member appointed to a two-year term, and onemember appointed to a three-year term, all of whom thereaftermay be reappointed for a four-year term. No member mayserve more than two consecutive terms. Initial appointmentsmust be made no later than ninety days after the effective dateof this section.(5) Whenever a vacancy on the commission exists, theoriginal appointing authority must appoint a member for theremaining portion of the term within no more than thirty days.(6) Commission members shall serve without compensationbut may be reimbursed for travel expenses as authorized inRCW 43.03.050 and 43.03.060.(7) Operational and staff support for the commission shallbe provided by the office of the governor until the commissionhas sufficient resources to hire or contract for separate staffsupport, who shall reside within the office of the governor foradministrative purposes only.(8) Sections 209 and 212 of this act do not apply to thecommission.NEW SECTION. Sec. 209. AUTHORIZERS--APPROVAL. (1) Thestate board of education shall establish an annual applicationand approval process and timelines for entities seekingapproval to be charter school authorizers. The initial process andtimelines must be established no later than ninety days afterthe effective date of this section.
Initiative Measure 1240111(2) At a minimum, each applicant must submit to the stateboard:(a) The applicant’s strategic vision for chartering;(b) A plan to support the vision presented, includingexplanation and evidence of the applicant’s budget andpersonnel capacity and commitment to execute theresponsibilities of quality charter authorizing;(c) A draft or preliminary outline of the request for proposalsthat the applicant would, if approved as an authorizer, issue tosolicit charter school applicants;(d) A draft of the performance framework that the applicantwould, if approved as an authorizer, use to guide theestablishment of a charter contract and for ongoing oversightand evaluation of charter schools;(e) A draft of the applicant’s proposed renewal, revocation,and nonrenewal processes, consistent with sections 219 and220 of this act;(f) A statement of assurance that the applicant seeks to serveas an authorizer in fulfillment of the expectations, spirit, andintent of this chapter, and that if approved as an authorizer,the applicant will fully participate in any authorizer trainingprovided or required by the state; and(g) A statement of assurance that the applicant will providepublic accountability and transparency in all matters concerningcharter authorizing practices, decisions, and expenditures.(3) The state board of education shall consider the meritsof each application and make its decision within the timelinesestablished by the board.(4) Within thirty days of making a decision to approve anapplication under this section, the state board of educationmust execute a renewable authorizing contract with the entity.The initial term of an authorizing contract shall be six years.The authorizing contract must specify each approved entity’sagreement to serve as an authorizer in accordance with theexpectations of this chapter, and may specify additionalperformance terms based on the applicant’s proposal and planfor chartering. No approved entity may commence charterauthorizing without an authorizing contract in effect.NEW SECTION. Sec. 210. AUTHORIZERS--POWERS ANDDUTIES. (1) Authorizers are responsible for:(a) Soliciting and evaluating charter applications;(b) Approving quality charter applications that meetidentified educational needs and promote a diversity ofeducational choices;(c) Denying weak or inadequate charter applications;(d) Negotiating and executing sound charter contracts witheach authorized charter school;(e) Monitoring, in accordance with charter contract terms, theperformance and legal compliance of charter schools including,without limitation, education and academic performance goalsand student achievement; and(f) Determining whether each charter contract meritsrenewal, nonrenewal, or revocation.(2) An authorizer may delegate its responsibilities under thissection to employees or contractors.(3) All authorizers must develop and follow charteringpolicies and practices that are consistent with the principlesand standards for quality charter authorizing developed by thenational association of charter school authorizers in at least thefollowing areas:(a) Organizational capacity and infrastructure;(b) Soliciting and evaluating charter applications;(c) Performance contracting;(d) Ongoing charter school oversight and evaluation; and(e) Charter renewal decision making.(4) Each authorizer must submit an annual report to the stateboard of education, according to a timeline, content, and formatspecified by the board, which includes:(a) The authorizer’s strategic vision for chartering andprogress toward achieving that vision;(b) The academic and financial performance of all operatingcharter schools overseen by the authorizer, including theprogress of the charter schools based on the authorizer’sperformance framework;(c) The status of the authorizer’s charter school portfolio,identifying all charter schools in each of the followingcategories: Approved but not yet open, operating, renewed,transferred, revoked, not renewed, voluntarily closed, or neveropened;(d) The authorizer’s operating costs and expenses detailed inannual audited financial statements that conform with generallyaccepted accounting principles; and(e) The services purchased from the authorizer by the charterschools under its jurisdiction under section 211 of this act,including an itemized accounting of the actual costs of theseservices.(5) Neither an authorizer, individuals who comprise themembership of an authorizer in their official capacity, nor theemployees of an authorizer are liable for acts or omissions of acharter school they authorize.(6) No employee, trustee, agent, or representative of anauthorizer may simultaneously serve as an employee, trustee,agent, representative, vendor, or contractor of a charter schoolunder the jurisdiction of that authorizer.NEW SECTION. Sec. 211. AUTHORIZERS--FUNDING. (1) Thestate board of education shall establish a statewide formulafor an authorizer oversight fee, which shall be calculatedas a percentage of the state operating funding allocatedunder section 222 of this act to each charter school under thejurisdiction of an authorizer, but may not exceed four percentof each charter school’s annual funding. The office of thesuperintendent of public instruction shall deduct the oversightfee from each charter school’s allocation under section 222 ofthis act and transmit the fee to the appropriate authorizer.(2) The state board of education may establish a sliding scalefor the authorizer oversight fee, with the funding percentagedecreasing after the authorizer has achieved a certain threshold,such as after a certain number of years of authorizing or after acertain number of charter schools have been authorized.(3) An authorizer must use its oversight fee exclusively forthe purpose of fulfilling its duties under section 210 of this act.(4) An authorizer may provide contracted, fee-based servicesto charter schools under its jurisdiction that are in addition tothe oversight duties under section 210 of this act. An authorizermay not charge more than market rates for the contractedservices provided. A charter school may not be required topurchase contracted services from an authorizer. Fees collectedby the authorizer under this subsection must be separatelyaccounted for and reported annually to the state board ofeducation.NEW SECTION. Sec. 212. AUTHORIZERS--OVERSIGHT. (1)The state board of education is responsible for overseeingthe performance and effectiveness of all authorizers approvedunder section 209 of this act.(2) Persistently unsatisfactory performance of an authorizer’sportfolio of charter schools, a pattern of well-foundedcomplaints about the authorizer or its charter schools, or otherobjective circumstances may trigger a special review by thestate board of education.(3) In reviewing or evaluating the performance ofauthorizers, the board must apply nationally recognized
112Initiative Measure 1240principles and standards for quality charter authorizing.Evidence of material or persistent failure by an authorizerto carry out its duties in accordance with the principles andstandards constitutes grounds for revocation of the authorizingcontract by the state board, as provided under this section.(4) If at any time the state board of education finds thatan authorizer is not in compliance with a charter contract, itsauthorizing contract, or the authorizer duties under section 210of this act, the board must notify the authorizer in writing of theidentified problems, and the authorizer shall have reasonableopportunity to respond and remedy the problems.(5) If an authorizer persists after due notice from the stateboard of education in violating a material provision of a chartercontract or its authorizing contract, or fails to remedy otheridentified authorizing problems, the state board of educationshall notify the authorizer, within a reasonable amountof time under the circumstances, that it intends to revokethe authorizer’s chartering authority unless the authorizerdemonstrates a timely and satisfactory remedy for the violationor deficiencies.(6) In the event of revocation of any authorizer’s charteringauthority, the state board of education shall manage the timelyand orderly transfer of each charter contract held by thatauthorizer to another authorizer in the state, with the mutualagreement of each affected charter school and proposed newauthorizer. The new authorizer shall assume the existing chartercontract for the remainder of the charter term.(7) The state board of education must establish timelines anda process for taking actions under this section in response toperformance deficiencies by an authorizer.NEW SECTION. Sec. 213. CHARTER APPLICATIONS--CONTENT. (1)(a) Each authorizer must annually issue andbroadly publicize a request for proposals for charter schoolapplicants by the date established by the state board ofeducation under section 214 of this act.(b) Each authorizer’s request for proposals must:(i) Present the authorizer’s strategic vision for chartering,including a clear statement of any preferences the authorizerwishes to grant to applications that employ proven methods foreducating at-risk students or students with special needs;(ii) Include or otherwise direct applicants to the performanceframework that the authorizer has developed for charter schooloversight and evaluation in accordance with section 217 of thisact;(iii) Provide the criteria that will guide the authorizer’sdecision to approve or deny a charter application; and(iv) State clear, appropriately detailed questions as well asguidelines concerning the format and content essential forapplicants to demonstrate the capacities necessary to establishand operate a successful charter school.(2) A charter school application must provide or describethoroughly all of the following elements of the proposed schoolplan:(a) An executive summary;(b) The mission and vision of the proposed charter school,including identification of the targeted student population andthe community the school hopes to serve;(c) The location or geographic area proposed for the schooland the school district within which the school will be located;(d) The grades to be served each year for the full term of thecharter contract;(e) Minimum, planned, and maximum enrollment per gradeper year for the term of the charter contract;(f) Evidence of need and parent and community support forthe proposed charter school;(g) Background information on the proposed foundinggoverning board members and, if identified, the proposedschool leadership and management team;(h) The school’s proposed calendar and sample dailyschedule;(i) A description of the academic program aligned with statestandards;(j) A description of the school’s proposed instructionaldesign, including the type of learning environment; class sizeand structure; curriculum overview; and teaching methods;(k) Evidence that the educational program is based onproven methods;(l) The school’s plan for using internal and externalassessments to measure and report student progress onthe performance framework developed by the authorizer inaccordance with section 217 of this act;(m) The school’s plans for identifying, successfully serving,and complying with applicable laws and regulations regardingstudents with disabilities, students who are limited Englishproficient, students who are struggling academically, andhighly capable students;(n) A description of cocurricular or extracurricular programsand how they will be funded and delivered;(o) Plans and timelines for student recruitment andenrollment, including targeted plans for recruiting at-riskstudents and including lottery procedures;(p) The school’s student discipline policies, including forspecial education students;(q) An organization chart that clearly presents the school’sorganizational structure, including lines of authority andreporting between the governing board, staff, any relatedbodies such as advisory bodies or parent and teacher councils,and any external organizations that will play a role in managingthe school;(r) A clear description of the roles and responsibilities forthe governing board, the school’s leadership and managementteam, and any other entities shown in the organization chart;(s) A staffing plan for the school’s first year and for the termof the charter;(t) Plans for recruiting and developing school leadership andstaff;(u) The school’s leadership and teacher employment policies,including performance evaluation plans;(v) Proposed governing bylaws;(w) An explanation of proposed partnership agreement, ifany, between a charter school and its school district focusedon facilities, budgets, taking best practices to scale, and otheritems;(x) Explanations of any other partnerships or contractualrelationships central to the school’s operations or mission;(y) Plans for providing transportation, food service, and allother significant operational or ancillary services;(z) Opportunities and expectations for parent involvement;(aa) A detailed school start-up plan, identifying tasks,timelines, and responsible individuals;(bb) A description of the school’s financial plan and policies,including financial controls and audit requirements;(cc) A description of the insurance coverage the school willobtain;(dd) Start-up and five-year cash flow projections andbudgets with clearly stated assumptions;(ee) Evidence of anticipated fundraising contributions, ifclaimed in the application; and
114Initiative Measure 1240contract must include but need not be limited to applicablefederal and state accountability requirements. The performanceprovisions may be refined or amended by mutual agreementafter the charter school is operating and has collected baselineachievement data for its enrolled students.(3) The charter contract must be signed by the president ofthe school district board of directors if the school district boardof directors is the authorizer or the chair of the commission ifthe commission is the authorizer and by the president of thecharter school board. Within ten days of executing a chartercontract, the authorizer must submit to the state board ofeducation written notification of the charter contract execution,including a copy of the executed charter contract and anyattachments.(4) A charter contract may govern one or more charterschools to the extent approved by the authorizer. A singlecharter school board may hold one or more charter contracts.However, each charter school that is part of a charter contractmust be separate and distinct from any others and, forpurposes of calculating the maximum number of charterschools that may be established under this chapter, each charterschool must be considered a single charter school regardlessof how many charter schools are governed under a particularcharter contract.(5) An initial charter contract must be granted for a term offive operating years. The contract term must commence onthe charter school’s first day of operation. An approved charterschool may delay its opening for one school year in order toplan and prepare for the school’s opening. If the school requiresan opening delay of more than one school year, the schoolmust request an extension from its authorizer. The authorizermay grant or deny the extension depending on the school’scircumstances.(6) Authorizers may establish reasonable preopeningrequirements or conditions to monitor the start-up progressof newly approved charter schools and ensure that they areprepared to open smoothly on the date agreed, and to ensurethat each school meets all building, health, safety, insurance,and other legal requirements for school opening.(7) No charter school may commence operations without acharter contract executed in accordance with this section.NEW SECTION. Sec. 217. CHARTER CONTRACTS--PERFORMANCE FRAMEWORK. (1) The performance provisionswithin a charter contract must be based on a performanceframework that clearly sets forth the academic and operationalperformance indicators, measures, and metrics that will guidean authorizer’s evaluations of each charter school.(2) At a minimum, the performance framework must includeindicators, measures, and metrics for:(a) Student academic proficiency;(b) Student academic growth;(c) Achievement gaps in both proficiency and growthbetween major student subgroups;(d) Attendance;(e) Recurrent enrollment from year to year;(f) Graduation rates and postsecondary readiness, for highschools;(g) Financial performance and sustainability; and(h) Board performance and stewardship, includingcompliance with all applicable laws, rules, and terms of thecharter contract.(3) Annual performance targets must be set by eachcharter school in conjunction with its authorizer and must bedesigned to help each school meet applicable federal, state, andauthorizer expectations.(4) The authorizer and charter school may also includeadditional rigorous, valid, and reliable indicators in theperformance framework to augment external evaluations of thecharter school’s performance.(5) The performance framework must require thedisaggregation of all student performance data by majorstudent subgroups, including gender, race and ethnicity,poverty status, special education status, English languagelearner status, and highly capable status.(6) Multiple schools operating under a single charter contractor overseen by a single charter school board must report theirperformance as separate schools, and each school shall be heldindependently accountable for its performance.NEW SECTION. Sec. 218. CHARTER CONTRACTS--OVERSIGHT. (1) Each authorizer must continually monitor theperformance and legal compliance of the charter schools itoversees, including collecting and analyzing data to supportongoing evaluation according to the performance framework inthe charter contract.(2) An authorizer may conduct or require oversight activitiesthat enable the authorizer to fulfill its responsibilities underthis chapter, including conducting appropriate inquiries andinvestigations, so long as those activities are consistent withthe intent of this chapter, adhere to the terms of the chartercontract, and do not unduly inhibit the autonomy granted tocharter schools.(3) In the event that a charter school’s performance orlegal compliance appears unsatisfactory, the authorizer mustpromptly notify the school of the perceived problem andprovide reasonable opportunity for the school to remedy theproblem, unless the problem warrants revocation in which casethe revocation procedures under section 220 of this act apply.(4) An authorizer may take appropriate corrective actions orexercise sanctions short of revocation in response to apparentdeficiencies in charter school performance or legal compliance.Such actions or sanctions may include, if warranted, requiring aschool to develop and execute a corrective action plan within aspecified time frame.NEW SECTION. Sec. 219. CHARTER CONTRACTS--RENEWAL. (1) A charter contract may be renewed by theauthorizer, at the request of the charter school, for successivefive-year terms, although the authorizer may vary the termbased on the performance, demonstrated capacities, andparticular circumstances of a charter school and may grantrenewal with specific conditions for necessary improvements toa charter school.(2) No later than six months before the expiration of acharter contract, the authorizer must issue a performancereport and charter contract renewal application guidance tothat charter school. The performance report must summarizethe charter school’s performance record to date based on thedata required by the charter contract, and must provide noticeof any weaknesses or concerns perceived by the authorizerconcerning the charter school that may jeopardize its positionin seeking renewal if not timely rectified. The charter school hasthirty days to respond to the performance report and submitany corrections or clarifications for the report.(3) The renewal application guidance must, at a minimum,provide an opportunity for the charter school to:(a) Present additional evidence, beyond the data contained inthe performance report, supporting its case for charter contractrenewal;(b) Describe improvements undertaken or planned for theschool; and(c) Detail the school’s plans for the next charter contract term.(4) The renewal application guidance must include or referexplicitly to the criteria that will guide the authorizer’s renewaldecisions, which shall be based on the performance framework
Initiative Measure 1240115set forth in the charter contract.(5) In making charter renewal decisions, an authorizer must:(a) Ground its decisions in evidence of the school’sperformance over the term of the charter contract in accordancewith the performance framework set forth in the chartercontract;(b) Ensure that data used in making renewal decisions areavailable to the school and the public; and(c) Provide a public report summarizing the evidence basisfor its decision.NEW SECTION. Sec. 220. CHARTER CONTRACTS--NONRENEWAL OR REVOCATION. (1) A charter contract may berevoked at any time or not renewed if the authorizer determinesthat the charter school did any of the following or otherwisefailed to comply with the provisions of this chapter:(a) Committed a material and substantial violation of any ofthe terms, conditions, standards, or procedures required underthis chapter or the charter contract;(b) Failed to meet or make sufficient progress toward theperformance expectations set forth in the charter contract;(c) Failed to meet generally accepted standards of fiscalmanagement; or(d) Substantially violated any material provision of law fromwhich the charter school is not exempt.(2) A charter contract may not be renewed if, at the timeof the renewal application, the charter school’s performancefalls in the bottom quartile of schools on the accountabilityindex developed by the state board of education under RCW28A.657.110, unless the charter school demonstrates exceptionalcircumstances that the authorizer finds justifiable.(3) Each authorizer must develop revocation and nonrenewalprocesses that:(a) Provide the charter school board with a timely notificationof the prospect of and reasons for revocation or nonrenewal;(b) Allow the charter school board a reasonable amount oftime in which to prepare a response;(c) Provide the charter school board with an opportunity tosubmit documents and give testimony challenging the rationalefor closure and in support of the continuation of the school at arecorded public proceeding held for that purpose;(d) Allow the charter school board to be represented bycounsel and to call witnesses on its behalf; and(e) After a reasonable period for deliberation, require afinal determination to be made and conveyed in writing to thecharter school board.(4) If an authorizer revokes or does not renew a charter, theauthorizer must clearly state in a resolution the reasons for therevocation or nonrenewal.(5) Within ten days of taking action to renew, not renew, orrevoke a charter contract, an authorizer must submit a report ofthe action to the applicant and to the state board of education,which must include a copy of the authorizer’s resolutionsetting forth the action taken, the reasons for the decision, andassurances of compliance with the procedural requirementsestablished by the authorizer under this section.NEW SECTION. Sec. 221. CHARTER SCHOOL TERMINATIONOR DISSOLUTION. (1) Before making a decision to not renewor to revoke a charter contract, authorizers must develop acharter school termination protocol to ensure timely notificationto parents, orderly transition of students and student recordsto new schools, as necessary, and proper disposition of publicschool funds, property, and assets. The protocol must specifytasks, timelines, and responsible parties, including delineatingthe respective duties of the charter school and the authorizer.(2) In the event that the nonprofit corporation applicant of acharter school should dissolve for any reason including, withoutlimitation, because of the termination of the charter contract,the public school funds of the charter school that have beenprovided pursuant to section 222 of this act must be returnedto the state or local account from which the public fundsoriginated. If the charter school has comingled the funds, thefunds must be returned in proportion to the proportion of thosefunds received by the charter school from the public accountsin the last year preceding the dissolution. The dissolution ofan applicant nonprofit corporation shall otherwise proceed asprovided by law.(3) A charter contract may not be transferred from oneauthorizer to another or from one charter school applicantto another before the expiration of the charter contract termexcept by petition to the state board of education by the charterschool or its authorizer. The state board of education mustreview such petitions on a case-by-case basis and may granttransfer requests in response to special circumstances andevidence that such a transfer would serve the best interests ofthe charter school’s students.NEW SECTION. Sec. 222. FUNDING. (1) Charter schools mustreport student enrollment in the same manner and based onthe same definitions of enrolled students and annual averagefull-time equivalent enrollment as other public schools. Charterschools must comply with applicable reporting requirementsto receive state or federal funding that is allocated based onstudent characteristics.(2) According to the schedule established under RCW28A.510.250, the superintendent of public instruction shallallocate funding for a charter school including generalapportionment, special education, categorical, and othernonbasic education moneys. Allocations must be based onthe statewide average staff mix ratio of all noncharter publicschools from the prior school year and the school’s actualfull-time equivalent enrollment. Categorical funding must beallocated to a charter school based on the same funding criteriaused for noncharter public schools and the funds must beexpended as provided in the charter contract. A charter school iseligible to apply for state grants on the same basis as a schooldistrict.(3) Allocations for pupil transportation must be calculatedon a per student basis based on the allocation for the previousschool year to the school district in which the charter school islocated. A charter school may enter into a contract with a schooldistrict or other public or private entity to provide transportationfor the students of the school.(4) Amounts payable to a charter school under this sectionin the school’s first year of operation must be based on theprojections of first-year student enrollment established in thecharter contract. The office of the superintendent of publicinstruction must reconcile the amounts paid in the first yearof operation to the amounts that would have been paid basedon actual student enrollment and make adjustments to thecharter school’s allocations over the course of the second yearof operation.(5) For charter schools authorized by a school district boardof directors, allocations to a charter school that are includedin RCW 84.52.0531(3) (a) through (c) shall be included in thelevy planning, budgets, and funding distribution in the samemanner as other public schools in the district.(6) Conversion charter schools are eligible for local levymoneys approved by the voters before the conversion startupdate of the school as determined by the authorizer, andthe school district must allocate levy moneys to a conversioncharter school.(7) New charter schools are not eligible for local levy moneysapproved by the voters before the start-up date of the schoolunless the local school district is the authorizer.
116Initiative Measure 1240(8) For levies submitted to voters after the start-up dateof a charter school authorized under this chapter, the charterschool must be included in levy planning, budgets, and fundingdistribution in the same manner as other public schools in thedistrict.(9) Any moneys received by a charter school from any sourceand remaining in the school’s accounts at the end of any budgetyear shall remain in the school’s accounts for use by the schoolduring subsequent budget years.NEW SECTION. Sec. 223. FACILITIES. (1) Charter schoolsare eligible for state matching funds for common schoolconstruction.(2) A charter school has a right of first refusal to purchaseor lease at or below fair market value a closed public schoolfacility or property or unused portions of a public school facilityor property located in a school district from which it draws itsstudents if the school district decides to sell or lease the publicschool facility or property pursuant to RCW 28A.335.040 or28A.335.120.(3) A charter school may negotiate and contract with a schooldistrict, the governing body of a public college or university, orany other public or private entity for the use of a facility for aschool building at or below fair market rent.(4) Public libraries, community service organizations,museums, performing arts venues, theaters, and public orprivate colleges and universities may provide space to charterschools within their facilities under their preexisting zoning andland use designations.(5) A conversion charter school as part of the considerationfor providing educational services under the charter contractmay continue to use its existing facility without paying rent tothe school district that owns the facility. The district remainsresponsible for major repairs and safety upgrades that may berequired for the continued use of the facility as a public school.The charter school is responsible for routine maintenance ofthe facility including, but not limited to, cleaning, painting,gardening, and landscaping. The charter contract of aconversion charter school using existing facilities that areowned by its school district must include reasonable andcustomary terms regarding the use of the existing facility thatare binding upon the school district.NEW SECTION. Sec. 224. YEARS OF SERVICE. Years ofservice in a charter school by certificated instructional staff shallbe included in the years of service calculation for purposesof the statewide salary allocation schedule under RCW28A.150.410. This section does not require a charter school topay a particular salary to its staff while the staff is employed bythe charter school.NEW SECTION. Sec. 225. ANNUAL REPORTS. (1) ByDecember 1st of each year beginning in the first year after therehave been charter schools operating for a full school year, thestate board of education, in collaboration with the commission,must issue an annual report on the state’s charter schools forthe preceding school year to the governor, the legislature, andthe public at-large.(2) The annual report must be based on the reports submittedby each authorizer as well as any additional relevant datacompiled by the board. The report must include a comparisonof the performance of charter school students with theperformance of academically, ethnically, and economicallycomparable groups of students in noncharter public schools.In addition, the annual report must include the state boardof education’s assessment of the successes, challenges, andareas for improvement in meeting the purposes of this chapter,including the board’s assessment of the sufficiency of fundingfor charter schools, the efficacy of the formula for authorizerfunding, and any suggested changes in state law or policynecessary to strengthen the state’s charter schools.(3) Together with the issuance of the annual report followingthe fifth year after there have been charter schools operating fora full school year, the state board of education, in collaborationwith the commission, shall submit a recommendationregarding whether or not the legislature should authorize theestablishment of additional public charter schools.PART IIIGENERAL PROVISIONSSec. 301. RCW 28A.150.010 and 1969 ex.s. c 223 s 28A.01.055are each amended to read as follows:Public schools ((shall)) means the common schools asreferred to in Article IX of the state Constitution, includingcharter schools established under chapter 28A.--- RCW (the newchapter created in section 401 of this act), and those schoolsand institutions of learning having a curriculum below thecollege or university level as now or may be established by lawand maintained at public expense.Sec. 302. RCW 28A.315.005 and 1999 c 315 s 1 are eachamended to read as follows:(1) Under the constitutional framework and the laws of thestate of Washington, the governance structure for the state’spublic common school system is comprised of the followingbodies: The legislature, the governor, the superintendent ofpublic instruction, the state board of education, the Washingtoncharter school commission, the educational service districtboards of directors, and local school district boards of directors.The respective policy and administrative roles of each body aredetermined by the state Constitution and statutes.(2) Local school districts are political subdivisions of the stateand the organization of such districts, including the powers,duties, and boundaries thereof, may be altered or abolished bylaws of the state of Washington.NEW SECTION. Sec. 303. A new section is added to chapter41.32 RCW to read as follows:This section designates charter schools established underchapter 28A.-- RCW (the new chapter created in section 401of this act) as employers and charter school employees asmembers, and applies only if the department of retirementsystems receives determinations from the internal revenueservice and the United States department of labor thatparticipation does not jeopardize the status of these retirementsystems as governmental plans under the federal employees’retirement income security act and the internal revenue code.NEW SECTION. Sec. 304. A new section is added to chapter41.35 RCW to read as follows:This section designates charter schools established underchapter 28A.-- RCW (the new chapter created in section 401of this act) as employers and charter school employees asmembers, and applies only if the department of retirementsystems receives determinations from the internal revenueservice and the United States department of labor thatparticipation does not jeopardize the status of these retirementsystems as governmental plans under the federal employees’retirement income security act and the internal revenue code.NEW SECTION. Sec. 305. A new section is added to chapter41.40 RCW to read as follows:This section designates charter schools established underchapter 28A.-- RCW (the new chapter created in section 401of this act) as employers and charter school employees asmembers, and applies only if the department of retirementsystems receives determinations from the internal revenueservice and the United States department of labor thatparticipation does not jeopardize the status of these retirementsystems as governmental plans under the federal employees’retirement income security act and the internal revenue code.Sec. 306. RCW 41.05.011 and 2012 c 87 s 22 are eachamended to read as follows:
Initiative Measure 1240117The definitions in this section apply throughout this chapterunless the context clearly requires otherwise.(1) “Authority” means the Washington state health careauthority.(2) “Board” means the public employees’ benefits boardestablished under RCW 41.05.055.(3) “Dependent care assistance program” means a benefitplan whereby state and public employees may pay for certainemployment related dependent care with pretax dollarsas provided in the salary reduction plan under this chapterpursuant to 26 U.S.C. Sec. 129 or other sections of the internalrevenue code.(4) “Director” means the director of the authority.(5) “Emergency service personnel killed in the line of duty”means law enforcement officers and firefighters as definedin RCW 41.26.030, members of the Washington state patrolretirement fund as defined in RCW 43.43.120, and reserveofficers and firefighters as defined in RCW 41.24.010 who dieas a result of injuries sustained in the course of employment asdetermined consistent with Title 51 RCW by the department oflabor and industries.(6) “Employee” includes all employees of the state, whetheror not covered by civil service; elected and appointed officialsof the executive branch of government, including full-timemembers of boards, commissions, or committees; justices ofthe supreme court and judges of the court of appeals and thesuperior courts; and members of the state legislature. Pursuantto contractual agreement with the authority, “employee”may also include: (a) Employees of a county, municipality, orother political subdivision of the state and members of thelegislative authority of any county, city, or town who are electedto office after February 20, 1970, if the legislative authorityof the county, municipality, or other political subdivision ofthe state seeks and receives the approval of the authority toprovide any of its insurance programs by contract with theauthority, as provided in RCW 41.04.205 and 41.05.021(1)(g);(b) employees of employee organizations representing statecivil service employees, at the option of each such employeeorganization, and, effective October 1, 1995, employees ofemployee organizations currently pooled with employeesof school districts for the purpose of purchasing insurancebenefits, at the option of each such employee organization; (c)employees of a school district if the authority agrees to provideany of the school districts’ insurance programs by contract withthe authority as provided in RCW 28A.400.350; (d) employeesof a tribal government, if the governing body of the tribalgovernment seeks and receives the approval of the authorityto provide any of its insurance programs by contract with theauthority, as provided in RCW 41.05.021(1) (f) and (g); ((and))(e) employees of the Washington health benefit exchange if thegoverning board of the exchange established in RCW 43.71.020seeks and receives approval of the authority to provide anyof its insurance programs by contract with the authority, asprovided in RCW 41.05.021(1) (g) and (n); and (f) employees of acharter school established under chapter 28A.--- RCW (the newchapter created in section 401 of this act). “Employee” does notinclude: Adult family homeowners; unpaid volunteers; patientsof state hospitals; inmates; employees of the Washington stateconvention and trade center as provided in RCW 41.05.110;students of institutions of higher education as determinedby their institution; and any others not expressly defined asemployees under this chapter or by the authority under thischapter.(7) “Employer” means the state of Washington.(8) “Employing agency” means a division, department, orseparate agency of state government, including an institutionof higher education; a county, municipality, school district,educational service district, or other political subdivision;charter school; and a tribal government covered by this chapter.(9) “Faculty” means an academic employee of an institutionof higher education whose workload is not defined by workhours but whose appointment, workload, and duties directlyserve the institution’s academic mission, as determined underthe authority of its enabling statutes, its governing body, andany applicable collective bargaining agreement.(10) “Flexible benefit plan” means a benefit plan that allowsemployees to choose the level of health care coverage providedand the amount of employee contributions from among arange of choices offered by the authority.(11) “Insuring entity” means an insurer as defined in chapter48.01 RCW, a health care service contractor as defined inchapter 48.44 RCW, or a health maintenance organization asdefined in chapter 48.46 RCW.(12) “Medical flexible spending arrangement” means abenefit plan whereby state and public employees may reducetheir salary before taxes to pay for medical expenses notreimbursed by insurance as provided in the salary reductionplan under this chapter pursuant to 26 U.S.C. Sec. 125 or othersections of the internal revenue code.(13) “Participant” means an individual who fulfills theeligibility and enrollment requirements under the salaryreduction plan.(14) “Plan year” means the time period established by theauthority.(15) “Premium payment plan” means a benefit plan wherebystate and public employees may pay their share of group healthplan premiums with pretax dollars as provided in the salaryreduction plan under this chapter pursuant to 26 U.S.C. Sec. 125or other sections of the internal revenue code.(16) “Retired or disabled school employee” means:(a) Persons who separated from employment with a schooldistrict or educational service district and are receiving aretirement allowance under chapter 41.32 or 41.40 RCW as ofSeptember 30, 1993;(b) Persons who separate from employment with a schooldistrict ((or)), educational service district, or charter school on orafter October 1, 1993, and immediately upon separation receivea retirement allowance under chapter 41.32, 41.35, or 41.40RCW;(c) Persons who separate from employment with a schooldistrict ((or)), educational service district, or charter school dueto a total and permanent disability, and are eligible to receivea deferred retirement allowance under chapter 41.32, 41.35, or41.40 RCW.(17) “Salary” means a state employee’s monthly salary orwages.(18) “Salary reduction plan” means a benefit plan wherebystate and public employees may agree to a reduction of salaryon a pretax basis to participate in the dependent care assistanceprogram, medical flexible spending arrangement, or premiumpayment plan offered pursuant to 26 U.S.C. Sec. 125 or othersections of the internal revenue code.(19) “Seasonal employee” means an employee hired towork during a recurring, annual season with a duration ofthree months or more, and anticipated to return each season toperform similar work.(20) “Separated employees” means persons who separatefrom employment with an employer as defined in:(a) RCW 41.32.010(17) on or after July 1, 1996; or(b) RCW 41.35.010 on or after September 1, 2000; or(c) RCW 41.40.010 on or after March 1, 2002;and who are at least age fifty-five and have at least ten years ofservice under the teachers’ retirement system plan 3 as definedin RCW 41.32.010(33), the Washington school employees’
118Initiative Measure 1240 | Referendum Measure 74retirement system plan 3 as defined in RCW 41.35.010, or thepublic employees’ retirement system plan 3 as defined in RCW41.40.010.(21) “State purchased health care” or “health care” meansmedical and health care, pharmaceuticals, and medicalequipment purchased with state and federal funds by thedepartment of social and health services, the department ofhealth, the basic health plan, the state health care authority,the department of labor and industries, the department ofcorrections, the department of veterans affairs, and local schooldistricts.(22) “Tribal government” means an Indian tribal governmentas defined in section 3(32) of the employee retirementincome security act of 1974, as amended, or an agency orinstrumentality of the tribal government, that has governmentoffices principally located in this state.NEW SECTION. Sec. 307. A new section is added to chapter41.56 RCW to read as follows:In addition to the entities listed in RCW 41.56.020, thischapter applies to any charter school established under chapter28A.--- RCW (the new chapter created in section 401 of this act).Any bargaining unit or units established at the charter schoolmust be limited to employees working in the charter school andmust be separate from other bargaining units in school districts,educational service districts, or institutions of higher education.Any charter school established under chapter 28A.--- RCW (thenew chapter created in section 401 of this act) is a separateemployer from any school district, including the school districtin which it is located.NEW SECTION. Sec. 308. A new section is added to chapter41.59 RCW to read as follows:This chapter applies to any charter school established underchapter 28A.--- RCW (the new chapter created in section 401 ofthis act). Any bargaining unit or units established at the charterschool must be limited to employees working in the charterschool and must be separate from other bargaining units inschool districts, educational service districts, or institutions ofhigher education. Any charter school established under chapter28A.--- RCW (the new chapter created in section 401 of this act)is a separate employer from any school district, including theschool district in which it is located.PART IVMISCELLANEOUS PROVISIONSNEW SECTION. Sec. 401. Sections 101 and 201 through 225of this act constitute a new chapter in Title 28A RCW.NEW SECTION. Sec. 402. If any provision of this act or itsapplication to any person or circumstance is held invalid, theremainder of the act or the application of the provision to otherpersons or circumstances is not affected.--- END ---Complete TextReferendum Measure 74AN ACT Relating to providing equal protection for allfamilies in Washington by creating equality in civil marriageand changing the domestic partnership laws, while protectingreligious freedom; amending RCW 26.04.010, 26.04.020,26.04.050, 26.04.060, 26.04.070, 26.60.010, 26.60.030, 26.60.090,and 1.12.080; adding new sections to chapter 26.04 RCW;adding a new section to chapter 26.60 RCW; adding a newsection to chapter 26.33 RCW; adding a new section to chapter74.13 RCW; adding a new section to chapter 74.15 RCW;creating new sections; and providing a contingent effectivedate.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OFWASHINGTON:Sec. 1. RCW 26.04.010 and 1998 c 1 s 3 are each amended toread as follows:(1) Marriage is a civil contract between ((a male and afemale)) two persons who have each attained the age ofeighteen years, and who are otherwise capable.(2) Every marriage entered into in which either ((the husbandor the wife)) person has not attained the age of seventeen yearsis void except where this section has been waived by a superiorcourt judge of the county in which one of the parties resides ona showing of necessity.(3) Where necessary to implement the rights andresponsibilities of spouses under the law, gender specific termssuch as husband and wife used in any statute, rule, or otherlaw must be construed to be gender neutral and applicable tospouses of the same sex.(4) No regularly licensed or ordained minister or any priest,imam, rabbi, or similar official of any religious organization isrequired to solemnize or recognize any marriage. A regularlylicensed or ordained minister or priest, imam, rabbi, or similarofficial of any religious organization shall be immune from anycivil claim or cause of action based on a refusal to solemnizeor recognize any marriage under this section. No stateagency or local government may base a decision to penalize,withhold benefits from, or refuse to contract with any religiousorganization on the refusal of a person associated with suchreligious organization to solemnize or recognize a marriageunder this section.(5) No religious organization is required to provideaccommodations, facilities, advantages, privileges, services, orgoods related to the solemnization or celebration of a marriage.(6) A religious organization shall be immune from any civilclaim or cause of action, including a claim pursuant to chapter49.60 RCW, based on its refusal to provide accommodations,facilities, advantages, privileges, services, or goods related tothe solemnization or celebration of a marriage.(7) For purposes of this section:(a) “Recognize” means to provide religious-based servicesthat:(i) Are delivered by a religious organization, or by anindividual who is managed, supervised, or directed by areligious organization; and(ii) Are designed for married couples or couples engagedto marry and are directly related to solemnizing, celebrating,strengthening, or promoting a marriage, such as religiouscounseling programs, courses, retreats, and workshops; and(b) “Religious organization” includes, but is not limited to,churches, mosques, synagogues, temples, nondenominationalministries, interdenominational and ecumenical organizations,mission organizations, faith-based social agencies, and otherentities whose principal purpose is the study, practice, oradvancement of religion.Sec. 2. RCW 26.04.020 and 1998 c 1 s 4 are each amended toread as follows:(1) Marriages in the following cases are prohibited:(a) When either party thereto has a ((wife or husband))spouse or registered domestic partner living at the time of suchmarriage, unless the registered domestic partner is the otherparty to the marriage; or(b) When the ((husband and wife)) spouses are nearer of kinto each other than second cousins, whether of the whole or halfblood computing by the rules of the civil law((; or(c) When the parties are persons other than a male and afemale)).(2) It is unlawful for any ((man to marry his father’s sister,mother’s sister, daughter, sister, son’s daughter, daughter’s
Referendum Measure 74119daughter, brother’s daughter or sister’s daughter; it is unlawfulfor any woman to marry her father’s brother, mother’s brother,son, brother, son’s son, daughter’s son, brother’s son or sister’sson)) person to marry his or her sibling, child, grandchild, aunt,uncle, niece, or nephew.(3) A marriage between two persons that is recognized asvalid in another jurisdiction is valid in this state only if themarriage is not prohibited or made unlawful under subsection(1)(a)((, (1)(c),)) or (2) of this section.(4) A legal union, other than a marriage, between twoindividuals that was validly formed in another state orjurisdiction and that provides substantially the same rights,benefits, and responsibilities as a marriage, does not prohibitthose same two individuals from obtaining a marriage licensein Washington.(5) No state agency or local government may base adecision to penalize, withhold benefits from, license, orrefuse to contract with any religious organization based onthe opposition to or refusal to provide accommodations,facilities, advantages, privileges, service, or goods related to thesolemnization or celebration of a marriage.(6) No religiously affiliated educational institution shall berequired to provide accommodations, facilities, advantages,privileges, service, or goods related to the solemnization orcelebration of a marriage, including a use of any campus chapelor church. A religiously affiliated educational institution shall beimmune from a civil claim or cause of action, including a claimpursuant to chapter 49.60 RCW, based on its refusal to provideaccommodations, facilities, advantages, privileges, service, orgoods related to the solemnization or celebration of a marriageunder this subsection shall be immune for civil claim or causeof action, including a claim pursuant to chapter 49.60 RCW.NEW SECTION. Sec. 3. “Religious organization” as definedin this chapter must be interpreted liberally to include faithbasedsocial service organizations involved in social servicesdirected at the larger community.Sec. 4. RCW 26.04.050 and 2007 c 29 s 1 are each amendedto read as follows:The following named officers and persons, active or retired,are hereby authorized to solemnize marriages, to wit: Justicesof the supreme court, judges of the court of appeals, judgesof the superior courts, supreme court commissioners, courtof appeals commissioners, superior court commissioners,any regularly licensed or ordained minister or any priest,imam, rabbi, or similar official of any ((church or)) religious((denomination)) organization, and judges of courts of limitedjurisdiction as defined in RCW 3.02.010.Sec. 5. RCW 26.04.060 and 1975-’76 2nd ex.s. c 42 s 25 areeach amended to read as follows:A marriage solemnized before any person professing to bea minister or a priest ((of any)), imam, rabbi, or similar officialof any religious ((denomination)) organization in this state orprofessing to be an authorized officer thereof, is not void, norshall the validity thereof be in any way affected on account ofany want of power or authority in such person, if such marriagebe consummated with a belief on the part of the persons somarried, or either of them, that they have been lawfully joinedin marriage.Sec. 6. RCW 26.04.070 and Code 1881 s 2383 are eachamended to read as follows:In the solemnization of marriage no particular form isrequired, except that the parties thereto shall assent ordeclare in the presence of the minister, priest, imam, rabbi, orsimilar official of any religious organization, or judicial officersolemnizing the same, and in the presence of at least twoattending witnesses, that they take each other to be ((husbandand wife)) spouses.NEW SECTION. Sec. 7. A new section is added to chapter26.04 RCW to read as follows:For purposes of this chapter, “religious organization”includes, but is not limited to, churches, mosques, synagogues,temples, nondenominational ministries, interdenominationaland ecumenical organizations, mission organizations, faithbasedsocial agencies, and other entities whose principalpurpose is the study, practice, or advancement of religion.Sec. 8. RCW 26.60.010 and 2007 c 156 s 1 are each amendedto read as follows:Many Washingtonians are in intimate, committed, andexclusive relationships with another person to whom they arenot legally married. These relationships are important to theindividuals involved and their families; they also benefit thepublic by providing a private source of mutual support for thefinancial, physical, and emotional health of those individualsand their families. The public has an interest in providing a legalframework for such mutually supportive relationships, whetherthe partners are of the same or different sexes, and irrespectiveof their sexual orientation.((The legislature finds that same sex couples, because theycannot marry in this state, do not automatically have the sameaccess that married couples have to certain rights and benefits,such as those associated with hospital visitation, health caredecision-making, organ donation decisions, and other issuesrelated to illness, incapacity, and death. Although many of theserights and benefits may be secured by private agreement,doing so often is costly and complex.))The legislature ((also)) finds that the public interest wouldbe served by extending rights and benefits to ((different sex))couples in which either or both of the partners ((is)) are at leastsixty-two years of age. While these couples are entitled to marryunder the state’s marriage statutes, some social security andpension laws nevertheless make it impractical for these couplesto marry. For this reason, chapter 156, Laws of 2007 specificallyallows couples to enter into a state registered domesticpartnership if one of the persons is at least sixty-two years ofage, the age at which many people choose to retire and areeligible to begin collecting social security and pension benefits.The rights granted to state registered domestic partners inchapter 156, Laws of 2007 will further Washington’s interestin promoting family relationships and protecting familymembers during life crises. Chapter 156, Laws of 2007 doesnot affect marriage or any other ways in which legal rights andresponsibilities between two adults may be created, recognized,or given effect in Washington.Sec. 9. RCW 26.60.030 and 2007 c 156 s 4 are each amendedto read as follows:To enter into a state registered domestic partnership the twopersons involved must meet the following requirements:(1) Both persons share a common residence;(2) Both persons are at least eighteen years of age and atleast one of the persons is sixty-two years of age or older;(3) Neither person is married to someone other than theparty to the domestic partnership and neither person is in astate registered domestic partnership with another person;(4) Both persons are capable of consenting to the domesticpartnership; and(5) Both of the following are true:(a) The persons are not nearer of kin to each other thansecond cousins, whether of the whole or half blood computingby the rules of the civil law; and(b) Neither person is a sibling, child, grandchild, aunt, uncle,niece, or nephew to the other person((; and
120Referendum Measure 74(6) Either (a) both persons are members of the same sex;or (b) at least one of the persons is sixty-two years of age orolder)).NEW SECTION. Sec. 10. A new section is added to chapter26.60 RCW to read as follows:(1) Partners in a state registered domestic partnership mayapply and receive a marriage license and have such marriagesolemnized pursuant to chapter 26.04 RCW, so long as theparties are otherwise eligible to marry, and the parties to themarriage are the same as the parties to the state registereddomestic partnership.(2) A state registered domestic partnership is dissolved byoperation of law by any marriage of the same parties to eachother, as of the date of the marriage stated in the certificate.(3)(a) Except as provided in (b) of this subsection, any stateregistered domestic partnership in which the parties are thesame sex, and neither party is sixty-two years of age or older,that has not been dissolved or converted into a marriage bythe parties by June 30, 2014, is automatically merged into amarriage and is deemed a marriage as of June 30, 2014.(b) If the parties to a state registered domestic partnershiphave proceedings for dissolution, annulment, or legalseparation pending as of June 30, 2014, the parties’ stateregistered domestic partnership is not automatically mergedinto a marriage and the dissolution, annulment, or legalseparation of the state registered domestic partnership isgoverned by the provisions of the statutes applicable to stateregistered domestic partnerships in effect before June 30,2014. If such proceedings are finalized without dissolution,annulment, or legal separation, the state registered domesticpartnership is automatically merged into a marriage and isdeemed a marriage as of June 30, 2014.(4) For purposes of determining the legal rights andresponsibilities involving individuals who had previously had astate registered domestic partnership and have been issued amarriage license or are deemed married under the provisionsof this section, the date of the original state registered domesticpartnership is the legal date of the marriage. Nothing in thissubsection prohibits a different date from being included on themarriage license.NEW SECTION. Sec. 11. A new section is added to chapter26.04 RCW to read as follows:If two persons in Washington have a legal union, other thana marriage, that:(1) Was validly formed in another state or jurisdiction;(2) Provides substantially the same rights, benefits, andresponsibilities as a marriage; and(3) Does not meet the definition of domestic partnership inRCW 26.60.030, then they shall be treated as having the samerights and responsibilities as married spouses in this state,unless:(a) Such relationship is prohibited by RCW 26.04.020 (1)(a) or(2); or(b) They become permanent residents of Washingtonstate and do not enter into a marriage within one year afterbecoming permanent residents.Sec. 12. RCW 26.60.090 and 2011 c 9 s 1 are each amended toread as follows:A legal union, other than a marriage, of two persons ((of thesame sex)) that was validly formed in another jurisdiction, andthat is substantially equivalent to a domestic partnership underthis chapter, shall be recognized as a valid domestic partnershipin this state and shall be treated the same as a domesticpartnership registered in this state regardless of whether itbears the name domestic partnership.Sec. 13. RCW 1.12.080 and 2011 c 9 s 2 are each amended toread as follows:For the purposes of this code and any legislation hereafterenacted by the legislature or by the people, with the exceptionof chapter 26.04 RCW, the terms spouse, marriage, marital,husband, wife, widow, widower, next of kin, and family shallbe interpreted as applying equally to state registered domesticpartnerships or individuals in state registered domesticpartnerships as well as to marital relationships and marriedpersons, and references to dissolution of marriage shallapply equally to state registered domestic partnerships thathave been terminated, dissolved, or invalidated, unless thelegislation expressly states otherwise and to the extent thatsuch interpretation does not conflict with federal law. Wherenecessary to implement chapter 521, Laws of 2009 and thisact, gender-specific terms such as husband and wife used inany statute, rule, or other law shall be construed to be genderneutral, and applicable to individuals in state registereddomestic partnerships and spouses of the same sex.NEW SECTION. Sec. 14. A new section is added to chapter26.33 RCW to read as follows:Nothing contained in chapter..., Laws of 2012 (this act)shall be construed to alter or affect existing law regarding themanner in which a religious or nonprofit organization may belicensed to and provide adoption, foster care, or other childplacingservices under this chapter or chapter 74.15 or 74.13RCW.NEW SECTION. Sec. 15. A new section is added to chapter74.13 RCW to read as follows:Nothing contained in chapter..., Laws of 2012 (this act)shall be construed to alter or affect existing law regarding themanner in which a religious or nonprofit organization may belicensed to and provide adoption, foster care, or other childplacingservices under this chapter or chapter 74.15 or 26.33RCW.NEW SECTION. Sec. 16. A new section is added to chapter74.15 RCW to read as follows:Nothing contained in chapter..., Laws of 2012 (this act)shall be construed to alter or affect existing law regarding themanner in which a religious or nonprofit organization may belicensed to and provide adoption, foster care, or other childplacingservices under this chapter or chapter 74.13 or 26.33RCW.NEW SECTION. Sec. 17. (1) Within sixty days after theeffective date of this section, the secretary of state shall send aletter to the mailing address on file of each same-sex domesticpartner registered under chapter 26.60 RCW notifying theperson that Washington’s law on the rights and responsibilitiesof state registered domestic partners will change in relation tocertain same-sex registered domestic partners.(2) The notice must provide a brief summary of the new lawand must clearly state that provisions related to certain samesexregistered domestic partnerships will change as of theeffective dates of this act, and that those same-sex registereddomestic partnerships that are not dissolved prior to June 30,2014, will be converted to marriage as an act of law.(3) The secretary of state shall send a second similar notice tothe mailing address on file of each domestic partner registeredunder chapter 26.60 RCW by May 1, 2014.NEW SECTION. Sec. 18. Sections 8 and 9 of this act takeeffect June 30, 2014, but only if all other provisions of this actare implemented.--- END ---
Initiative Measure 502121Complete TextInitiative Measure 502AN ACT Relating to marijuana; amending RCW 69.50.101,69.50.401, 69.50.4013, 69.50.412, 69.50.4121, 69.50.500,46.20.308, 46.61.502, 46.61.504, 46.61.50571, and 46.61.506;reenacting and amending RCW 69.50.505, 46.20.3101, and46.61.503; adding a new section to chapter 46.04 RCW; addingnew sections to chapter 69.50 RCW; creating new sections; andprescribing penalties.BE IT ENACTED BY THE PEOPLE OF THE STATE OFWASHINGTON:PART 1INTENTNEW SECTION. Sec. 1. The people intend to stop treatingadult marijuana use as a crime and try a new approach that:(1) Allows law enforcement resources to be focused onviolent and property crimes;(2) Generates new state and local tax revenue for education,health care, research, and substance abuse prevention; and(3) Takes marijuana out of the hands of illegal drugorganizations and brings it under a tightly regulated, statelicensedsystem similar to that for controlling hard alcohol.This measure authorizes the state liquor control board toregulate and tax marijuana for persons twenty-one years ofage and older, and add a new threshold for driving under theinfluence of marijuana.PART IIDEFINITIONSSec. 2. RCW 69.50.101 and 2010 c 177 s 1 are each amendedto read as follows:Unless the context clearly requires otherwise, definitions ofterms shall be as indicated where used in this chapter:(a) “Administer” means to apply a controlled substance,whether by injection, inhalation, ingestion, or any other means,directly to the body of a patient or research subject by:(1) a practitioner authorized to prescribe (or, by thepractitioner’s authorized agent); or(2) the patient or research subject at the direction and in thepresence of the practitioner.(b) “Agent” means an authorized person who acts onbehalf of or at the direction of a manufacturer, distributor, ordispenser. It does not include a common or contract carrier,public warehouseperson, or employee of the carrier orwarehouseperson.(c) “Board” means the state board of pharmacy.(d) “Controlled substance” means a drug, substance, orimmediate precursor included in Schedules I through V as setforth in federal or state laws, or federal or board rules.(e)(1) “Controlled substance analog” means a substancethe chemical structure of which is substantially similar to thechemical structure of a controlled substance in Schedule I or IIand:(i) that has a stimulant, depressant, or hallucinogenic effecton the central nervous system substantially similar to thestimulant, depressant, or hallucinogenic effect on the centralnervous system of a controlled substance included in ScheduleI or II; or(ii) with respect to a particular individual, that theindividual represents or intends to have a stimulant,depressant, or hallucinogenic effect on the central nervoussystem substantially similar to the stimulant, depressant,or hallucinogenic effect on the central nervous system of acontrolled substance included in Schedule I or II.(2) The term does not include:(i) a controlled substance;(ii) a substance for which there is an approved new drugapplication;(iii) a substance with respect to which an exemption is ineffect for investigational use by a particular person underSection 505 of the federal Food, Drug and Cosmetic Act, 21U.S.C. Sec. 355, to the extent conduct with respect to thesubstance is pursuant to the exemption; or(iv) any substance to the extent not intended for humanconsumption before an exemption takes effect with respect tothe substance.(f) “Deliver” or “delivery,” means the actual or constructivetransfer from one person to another of a substance, whether ornot there is an agency relationship.(g) “Department” means the department of health.(h) “Dispense” means the interpretation of a prescriptionor order for a controlled substance and, pursuant to thatprescription or order, the proper selection, measuring,compounding, labeling, or packaging necessary to prepare thatprescription or order for delivery.(i) “Dispenser” means a practitioner who dispenses.(j) “Distribute” means to deliver other than by administeringor dispensing a controlled substance.(k) “Distributor” means a person who distributes.(l) “Drug” means (1) a controlled substance recognized asa drug in the official United States pharmacopoeia/nationalformulary or the official homeopathic pharmacopoeia of theUnited States, or any supplement to them; (2) controlledsubstances intended for use in the diagnosis, cure, mitigation,treatment, or prevention of disease in individuals or animals; (3)controlled substances (other than food) intended to affect thestructure or any function of the body of individuals or animals;and (4) controlled substances intended for use as a componentof any article specified in (1), (2), or (3) of this subsection. Theterm does not include devices or their components, parts, oraccessories.(m) “Drug enforcement administration” means the drugenforcement administration in the United States Department ofJustice, or its successor agency.(n) “Immediate precursor” means a substance:(1) that the state board of pharmacy has found to be and byrule designates as being the principal compound commonlyused, or produced primarily for use, in the manufacture of acontrolled substance;(2) that is an immediate chemical intermediary used or likelyto be used in the manufacture of a controlled substance; and(3) the control of which is necessary to prevent, curtail, orlimit the manufacture of the controlled substance.(o) “Isomer” means an optical isomer, but in RCW69.50.101(((r))) (x)(5), 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the term includes any geometrical isomer; in RCW69.50.204(a) (8) and (42), and 69.50.210(c) the term includes anypositional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c),and 69.50.208(a) the term includes any positional or geometricisomer.(p) “Lot” means a definite quantity of marijuana, useablemarijuana, or marijuana-infused product identified by a lotnumber, every portion or package of which is uniform withinrecognized tolerances for the factors that appear in the labeling.(q) “Lot number” shall identify the licensee by business ortrade name and Washington state unified business identifier
122Initiative Measure 502number, and the date of harvest or processing for each lot ofmarijuana, useable marijuana, or marijuana-infused product.(r) “Manufacture” means the production, preparation,propagation, compounding, conversion, or processing ofa controlled substance, either directly or indirectly or byextraction from substances of natural origin, or independentlyby means of chemical synthesis, or by a combination ofextraction and chemical synthesis, and includes any packagingor repackaging of the substance or labeling or relabelingof its container. The term does not include the preparation,compounding, packaging, repackaging, labeling, or relabelingof a controlled substance:(1) by a practitioner as an incident to the practitioner’sadministering or dispensing of a controlled substance in thecourse of the practitioner’s professional practice; or(2) by a practitioner, or by the practitioner’s authorized agentunder the practitioner’s supervision, for the purpose of, or as anincident to, research, teaching, or chemical analysis and not forsale.(((q))) (s) “Marijuana” or “marihuana” means all partsof the plant Cannabis, whether growing or not, with a THCconcentration greater than 0.3 percent on a dry weight basis;the seeds thereof; the resin extracted from any part of the plant;and every compound, manufacture, salt, derivative, mixture,or preparation of the plant, its seeds or resin. The term doesnot include the mature stalks of the plant, fiber produced fromthe stalks, oil or cake made from the seeds of the plant, anyother compound, manufacture, salt, derivative, mixture, orpreparation of the mature stalks (except the resin extractedtherefrom), fiber, oil, or cake, or the sterilized seed of the plantwhich is incapable of germination.(((r))) (t) “Marijuana processor” means a person licensed bythe state liquor control board to process marijuana into useablemarijuana and marijuana-infused products, package and labeluseable marijuana and marijuana-infused products for sale inretail outlets, and sell useable marijuana and marijuana-infusedproducts at wholesale to marijuana retailers.(u) “Marijuana producer” means a person licensed bythe state liquor control board to produce and sell marijuanaat wholesale to marijuana processors and other marijuanaproducers.(v) “Marijuana-infused products” means products thatcontain marijuana or marijuana extracts and are intended forhuman use. The term “marijuana-infused products” does notinclude useable marijuana.(w) “Marijuana retailer” means a person licensed by thestate liquor control board to sell useable marijuana andmarijuana-infused products in a retail outlet.(x) “Narcotic drug” means any of the following, whetherproduced directly or indirectly by extraction from substancesof vegetable origin, or independently by means of chemicalsynthesis, or by a combination of extraction and chemicalsynthesis:(1) Opium, opium derivative, and any derivative of opiumor opium derivative, including their salts, isomers, and salts ofisomers, whenever the existence of the salts, isomers, and saltsof isomers is possible within the specific chemical designation.The term does not include the isoquinoline alkaloids of opium.(2) Synthetic opiate and any derivative of synthetic opiate,including their isomers, esters, ethers, salts, and salts ofisomers, esters, and ethers, whenever the existence of theisomers, esters, ethers, and salts is possible within the specificchemical designation.(3) Poppy straw and concentrate of poppy straw.(4) Coca leaves, except coca leaves and extracts of cocaleaves from which cocaine, ecgonine, and derivatives orecgonine or their salts have been removed.(5) Cocaine, or any salt, isomer, or salt of isomer thereof.(6) Cocaine base.(7) Ecgonine, or any derivative, salt, isomer, or salt of isomerthereof.(8) Any compound, mixture, or preparation containing anyquantity of any substance referred to in subparagraphs (1)through (7).(((s))) (y) “Opiate” means any substance having an addictionformingor addiction-sustaining liability similar to morphineor being capable of conversion into a drug having addictionformingor addiction-sustaining liability. The term includesopium, substances derived from opium (opium derivatives),and synthetic opiates. The term does not include, unlessspecifically designated as controlled under RCW 69.50.201, thedextrorotatory isomer of 3-methoxy-n-methylmorphinan andits salts (dextromethorphan). The term includes the racemic andlevorotatory forms of dextromethorphan.(((t))) (z) “Opium poppy” means the plant of the speciesPapaver somniferum L., except its seeds.(((u))) (aa) “Person” means individual, corporation, businesstrust, estate, trust, partnership, association, joint venture,government, governmental subdivision or agency, or any otherlegal or commercial entity.(((v))) (bb) “Poppy straw” means all parts, except the seeds,of the opium poppy, after mowing.(((w))) (cc) “Practitioner” means:(1) A physician under chapter 18.71 RCW; a physicianassistant under chapter 18.71A RCW; an osteopathic physicianand surgeon under chapter 18.57 RCW; an osteopathicphysician assistant under chapter 18.57A RCW who is licensedunder RCW 18.57A.020 subject to any limitations in RCW18.57A.040; an optometrist licensed under chapter 18.53 RCWwho is certified by the optometry board under RCW 18.53.010subject to any limitations in RCW 18.53.010; a dentist underchapter 18.32 RCW; a podiatric physician and surgeon underchapter 18.22 RCW; a veterinarian under chapter 18.92 RCW;a registered nurse, advanced registered nurse practitioner,or licensed practical nurse under chapter 18.79 RCW; anaturopathic physician under chapter 18.36A RCW who islicensed under RCW 18.36A.030 subject to any limitations inRCW 18.36A.040; a pharmacist under chapter 18.64 RCW or ascientific investigator under this chapter, licensed, registeredor otherwise permitted insofar as is consistent with thoselicensing laws to distribute, dispense, conduct research withrespect to or administer a controlled substance in the course oftheir professional practice or research in this state.(2) A pharmacy, hospital or other institution licensed,registered, or otherwise permitted to distribute, dispense,conduct research with respect to or to administer a controlledsubstance in the course of professional practice or research inthis state.(3) A physician licensed to practice medicine and surgery,a physician licensed to practice osteopathic medicine andsurgery, a dentist licensed to practice dentistry, a podiatricphysician and surgeon licensed to practice podiatric medicineand surgery, or a veterinarian licensed to practice veterinarymedicine in any state of the United States.(((x))) (dd) “Prescription” means an order for controlledsubstances issued by a practitioner duly authorized by lawor rule in the state of Washington to prescribe controlledsubstances within the scope of his or her professional practicefor a legitimate medical purpose.(((y))) (ee) “Production” includes the manufacturing,planting, cultivating, growing, or harvesting of a controlledsubstance.
Initiative Measure 502123(((z))) (ff) “Retail outlet” means a location licensed bythe state liquor control board for the retail sale of useablemarijuana and marijuana-infused products.(gg) “Secretary” means the secretary of health or thesecretary’s designee.(((aa))) (hh) “State,” unless the context otherwise requires,means a state of the United States, the District of Columbia,the Commonwealth of Puerto Rico, or a territory or insularpossession subject to the jurisdiction of the United States.(((bb))) (ii) “THC concentration” means percent of delta-9tetrahydrocannabinol content per dry weight of any part of theplant Cannabis, or per volume or weight of marijuana product.(jj) “Ultimate user” means an individual who lawfullypossesses a controlled substance for the individual’s own useor for the use of a member of the individual’s household or foradministering to an animal owned by the individual or by amember of the individual’s household.(((cc))) (kk) “Useable marijuana” means dried marijuanaflowers. The term “useable marijuana” does not includemarijuana-infused products.(ll) “Electronic communication of prescription information”means the communication of prescription information bycomputer, or the transmission of an exact visual image of aprescription by facsimile, or other electronic means for originalprescription information or prescription refill information fora Schedule III-V controlled substance between an authorizedpractitioner and a pharmacy or the transfer of prescriptioninformation for a controlled substance from one pharmacy toanother pharmacy.NEW SECTION. Sec. 3. A new section is added to chapter46.04 RCW to read as follows:“THC concentration” means nanograms of delta-9tetrahydrocannabinol per milliliter of a person’s whole blood.THC concentration does not include measurement of themetabolite THC-COOH, also known as carboxy-THC.PART IIILICENSING AND REGULATION OF MARIJUANAPRODUCERS, PROCESSORS, AND RETAILERSNEW SECTION. Sec. 4. (1) There shall be a marijuanaproducer’s license to produce marijuana for sale at wholesale tomarijuana processors and other marijuana producers, regulatedby the state liquor control board and subject to annual renewal.The production, possession, delivery, distribution, and sale ofmarijuana in accordance with the provisions of this act and therules adopted to implement and enforce it, by a validly licensedmarijuana producer, shall not be a criminal or civil offenseunder Washington state law. Every marijuana producer’s licenseshall be issued in the name of the applicant, shall specify thelocation at which the marijuana producer intends to operate,which must be within the state of Washington, and the holderthereof shall not allow any other person to use the license. Theapplication fee for a marijuana producer’s license shall be twohundred fifty dollars. The annual fee for issuance and renewalof a marijuana producer’s license shall be one thousand dollars.A separate license shall be required for each location at which amarijuana producer intends to produce marijuana.(2) There shall be a marijuana processor’s license to process,package, and label useable marijuana and marijuana-infusedproducts for sale at wholesale to marijuana retailers, regulatedby the state liquor control board and subject to annual renewal.The processing, packaging, possession, delivery, distribution,and sale of marijuana, useable marijuana, and marijuanainfusedproducts in accordance with the provisions of thisact and the rules adopted to implement and enforce it, by avalidly licensed marijuana processor, shall not be a criminalor civil offense under Washington state law. Every marijuanaprocessor’s license shall be issued in the name of the applicant,shall specify the location at which the licensee intends tooperate, which must be within the state of Washington, andthe holder thereof shall not allow any other person to use thelicense. The application fee for a marijuana processor’s licenseshall be two hundred fifty dollars. The annual fee for issuanceand renewal of a marijuana processor’s license shall be onethousand dollars. A separate license shall be required for eachlocation at which a marijuana processor intends to processmarijuana.(3) There shall be a marijuana retailer’s license to sell useablemarijuana and marijuana-infused products at retail in retailoutlets, regulated by the state liquor control board and subjectto annual renewal. The possession, delivery, distribution, andsale of useable marijuana and marijuana-infused productsin accordance with the provisions of this act and the rulesadopted to implement and enforce it, by a validly licensedmarijuana retailer, shall not be a criminal or civil offense underWashington state law. Every marijuana retailer’s license shallbe issued in the name of the applicant, shall specify the locationof the retail outlet the licensee intends to operate, which mustbe within the state of Washington, and the holder thereof shallnot allow any other person to use the license. The applicationfee for a marijuana retailer’s license shall be two hundred fiftydollars. The annual fee for issuance and renewal of a marijuanaretailer’s license shall be one thousand dollars. A separatelicense shall be required for each location at which a marijuanaretailer intends to sell useable marijuana and marijuana-infusedproducts.NEW SECTION. Sec. 5. Neither a licensed marijuanaproducer nor a licensed marijuana processor shall have a director indirect financial interest in a licensed marijuana retailer.NEW SECTION. Sec. 6. (1) For the purpose of consideringany application for a license to produce, process, or sellmarijuana, or for the renewal of a license to produce, process,or sell marijuana, the state liquor control board may cause aninspection of the premises to be made, and may inquire into allmatters in connection with the construction and operation ofthe premises. For the purpose of reviewing any application for alicense and for considering the denial, suspension, revocation,or renewal or denial thereof, of any license, the state liquorcontrol board may consider any prior criminal conduct of theapplicant including an administrative violation history recordwith the state liquor control board and a criminal historyrecord information check. The state liquor control board maysubmit the criminal history record information check to theWashington state patrol and to the identification division ofthe federal bureau of investigation in order that these agenciesmay search their records for prior arrests and convictionsof the individual or individuals who filled out the forms. Thestate liquor control board shall require fingerprinting of anyapplicant whose criminal history record information check issubmitted to the federal bureau of investigation. The provisionsof RCW 9.95.240 and of chapter 9.96A RCW shall not apply tothese cases. Subject to the provisions of this section, the stateliquor control board may, in its discretion, grant or deny therenewal or license applied for. Denial may be based on, withoutlimitation, the existence of chronic illegal activity documentedin objections submitted pursuant to subsections (7)(c) and (9) ofthis section. Authority to approve an uncontested or unopposedlicense may be granted by the state liquor control board to anystaff member the board designates in writing. Conditions forgranting this authority shall be adopted by rule. No license ofany kind may be issued to:(a) A person under the age of twenty-one years;(b) A person doing business as a sole proprietor who has notlawfully resided in the state for at least three months prior toapplying to receive a license;(c) A partnership, employee cooperative, association,nonprofit corporation, or corporation unless formed under the
124Initiative Measure 502laws of this state, and unless all of the members thereof arequalified to obtain a license as provided in this section; or(d) A person whose place of business is conducted by amanager or agent, unless the manager or agent possesses thesame qualifications required of the licensee.(2)(a) The state liquor control board may, in its discretion,subject to the provisions of section 7 of this act, suspend orcancel any license; and all protections of the licensee fromcriminal or civil sanctions under state law for producing,processing, or selling marijuana, useable marijuana, ormarijuana-infused products thereunder shall be suspended orterminated, as the case may be.(b) The state liquor control board shall immediately suspendthe license of a person who has been certified pursuant to RCW74.20A.320 by the department of social and health servicesas a person who is not in compliance with a support order. Ifthe person has continued to meet all other requirements forreinstatement during the suspension, reissuance of the licenseshall be automatic upon the state liquor control board’s receiptof a release issued by the department of social and healthservices stating that the licensee is in compliance with theorder.(c) The state liquor control board may request theappointment of administrative law judges under chapter34.12 RCW who shall have power to administer oaths, issuesubpoenas for the attendance of witnesses and the productionof papers, books, accounts, documents, and testimony,examine witnesses, and to receive testimony in any inquiry,investigation, hearing, or proceeding in any part of the state,under rules and regulations the state liquor control board mayadopt.(d) Witnesses shall be allowed fees and mileage each wayto and from any inquiry, investigation, hearing, or proceedingat the rate authorized by RCW 34.05.446. Fees need not be paidin advance of appearance of witnesses to testify or to producebooks, records, or other legal evidence.(e) In case of disobedience of any person to comply with theorder of the state liquor control board or a subpoena issuedby the state liquor control board, or any of its members, oradministrative law judges, or on the refusal of a witness totestify to any matter regarding which he or she may be lawfullyinterrogated, the judge of the superior court of the county inwhich the person resides, on application of any member of theboard or administrative law judge, shall compel obedience bycontempt proceedings, as in the case of disobedience of therequirements of a subpoena issued from said court or a refusalto testify therein.(3) Upon receipt of notice of the suspension or cancellationof a license, the licensee shall forthwith deliver up the licenseto the state liquor control board. Where the license has beensuspended only, the state liquor control board shall return thelicense to the licensee at the expiration or termination of theperiod of suspension. The state liquor control board shall notifyall other licensees in the county where the subject licensee hasits premises of the suspension or cancellation of the license;and no other licensee or employee of another licensee mayallow or cause any marijuana, useable marijuana, or marijuanainfusedproducts to be delivered to or for any person at thepremises of the subject licensee.(4) Every license issued under this act shall be subject toall conditions and restrictions imposed by this act or by rulesadopted by the state liquor control board to implement andenforce this act. All conditions and restrictions imposed bythe state liquor control board in the issuance of an individuallicense shall be listed on the face of the individual license alongwith the trade name, address, and expiration date.(5) Every licensee shall post and keep posted its license, orlicenses, in a conspicuous place on the premises.(6) No licensee shall employ any person under the age oftwenty-one years.(7)(a) Before the state liquor control board issues a newor renewed license to an applicant it shall give notice of theapplication to the chief executive officer of the incorporatedcity or town, if the application is for a license within anincorporated city or town, or to the county legislative authority,if the application is for a license outside the boundaries ofincorporated cities or towns.(b) The incorporated city or town through the official oremployee selected by it, or the county legislative authority orthe official or employee selected by it, shall have the right to filewith the state liquor control board within twenty days after thedate of transmittal of the notice for applications, or at least thirtydays prior to the expiration date for renewals, written objectionsagainst the applicant or against the premises for which the newor renewed license is asked. The state liquor control board mayextend the time period for submitting written objections.(c) The written objections shall include a statement of allfacts upon which the objections are based, and in case writtenobjections are filed, the city or town or county legislativeauthority may request, and the state liquor control boardmay in its discretion hold, a hearing subject to the applicableprovisions of Title 34 RCW. If the state liquor control boardmakes an initial decision to deny a license or renewal based onthe written objections of an incorporated city or town or countylegislative authority, the applicant may request a hearingsubject to the applicable provisions of Title 34 RCW. If a hearingis held at the request of the applicant, state liquor control boardrepresentatives shall present and defend the state liquor controlboard’s initial decision to deny a license or renewal.(d) Upon the granting of a license under this title the stateliquor control board shall send written notification to the chiefexecutive officer of the incorporated city or town in which thelicense is granted, or to the county legislative authority if thelicense is granted outside the boundaries of incorporated citiesor towns.(8) The state liquor control board shall not issue a license forany premises within one thousand feet of the perimeter of thegrounds of any elementary or secondary school, playground,recreation center or facility, child care center, public park, publictransit center, or library, or any game arcade admission towhich is not restricted to persons aged twenty-one years orolder.(9) In determining whether to grant or deny a license orrenewal of any license, the state liquor control board shallgive substantial weight to objections from an incorporatedcity or town or county legislative authority based upon chronicillegal activity associated with the applicant’s operations of thepremises proposed to be licensed or the applicant’s operationof any other licensed premises, or the conduct of the applicant’spatrons inside or outside the licensed premises. “Chronic illegalactivity” means (a) a pervasive pattern of activity that threatensthe public health, safety, and welfare of the city, town, orcounty including, but not limited to, open container violations,assaults, disturbances, disorderly conduct, or other criminal lawviolations, or as documented in crime statistics, police reports,emergency medical response data, calls for service, field data,or similar records of a law enforcement agency for the city,town, county, or any other municipal corporation or any stateagency; or (b) an unreasonably high number of citations forviolations of RCW 46.61.502 associated with the applicant’s orlicensee’s operation of any licensed premises as indicated bythe reported statements given to law enforcement upon arrest.NEW SECTION. Sec. 7. The action, order, or decision of thestate liquor control board as to any denial of an applicationfor the reissuance of a license to produce, process, or sellmarijuana, or as to any revocation, suspension, or modificationof any license to produce, process, or sell marijuana, shall
Initiative Measure 502125be an adjudicative proceeding and subject to the applicableprovisions of chapter 34.05 RCW.(1) An opportunity for a hearing may be provided to anapplicant for the reissuance of a license prior to the dispositionof the application, and if no opportunity for a prior hearing isprovided then an opportunity for a hearing to reconsider theapplication must be provided the applicant.(2) An opportunity for a hearing must be provided to alicensee prior to a revocation or modification of any licenseand, except as provided in subsection (4) of this section, prior tothe suspension of any license.(3) No hearing shall be required until demanded by theapplicant or licensee.(4) The state liquor control board may summarily suspend alicense for a period of up to one hundred eighty days withouta prior hearing if it finds that public health, safety, or welfareimperatively require emergency action, and it incorporates afinding to that effect in its order. Proceedings for revocation orother action must be promptly instituted and determined. Anadministrative law judge may extend the summary suspensionperiod for up to one calendar year from the first day of theinitial summary suspension in the event the proceedings forrevocation or other action cannot be completed during theinitial one hundred eighty-day period due to actions by thelicensee. The state liquor control board’s enforcement divisionshall complete a preliminary staff investigation of the violationbefore requesting an emergency suspension by the state liquorcontrol board.NEW SECTION. Sec. 8. (1) If the state liquor control boardapproves, a license to produce, process, or sell marijuanamay be transferred, without charge, to the surviving spouseor domestic partner of a deceased licensee if the license wasissued in the names of one or both of the parties. For thepurpose of considering the qualifications of the surviving partyto receive a marijuana producer’s, marijuana processor’s, ormarijuana retailer’s license, the state liquor control board mayrequire a criminal history record information check. The stateliquor control board may submit the criminal history recordinformation check to the Washington state patrol and to theidentification division of the federal bureau of investigationin order that these agencies may search their records forprior arrests and convictions of the individual or individualswho filled out the forms. The state liquor control board shallrequire fingerprinting of any applicant whose criminal historyrecord information check is submitted to the federal bureau ofinvestigation.(2) The proposed sale of more than ten percent of theoutstanding or issued stock of a corporation licensed underthis act, or any proposed change in the officers of such acorporation, must be reported to the state liquor control board,and state liquor control board approval must be obtainedbefore the changes are made. A fee of seventy-five dollars willbe charged for the processing of the change of stock ownershipor corporate officers.NEW SECTION. Sec. 9. For the purpose of carrying into effectthe provisions of this act according to their true intent or ofsupplying any deficiency therein, the state liquor control boardmay adopt rules not inconsistent with the spirit of this act as aredeemed necessary or advisable. Without limiting the generalityof the preceding sentence, the state liquor control board isempowered to adopt rules regarding the following:(1) The equipment and management of retail outlets andpremises where marijuana is produced or processed, andinspection of the retail outlets and premises;(2) The books and records to be created and maintained bylicensees, the reports to be made thereon to the state liquorcontrol board, and inspection of the books and records;(3) Methods of producing, processing, and packagingmarijuana, useable marijuana, and marijuana-infused products;conditions of sanitation; and standards of ingredients, quality,and identity of marijuana, useable marijuana, and marijuanainfusedproducts produced, processed, packaged, or sold bylicensees;(4) Security requirements for retail outlets and premiseswhere marijuana is produced or processed, and safetyprotocols for licensees and their employees;(5) Screening, hiring, training, and supervising employees oflicensees;(6) Retail outlet locations and hours of operation;(7) Labeling requirements and restrictions on advertisementof marijuana, useable marijuana, and marijuana-infusedproducts;(8) Forms to be used for purposes of this act or the rulesadopted to implement and enforce it, the terms and conditionsto be contained in licenses issued under this act, and thequalifications for receiving a license issued under this act,including a criminal history record information check. The stateliquor control board may submit any criminal history recordinformation check to the Washington state patrol and to theidentification division of the federal bureau of investigationin order that these agencies may search their records forprior arrests and convictions of the individual or individualswho filled out the forms. The state liquor control board shallrequire fingerprinting of any applicant whose criminal historyrecord information check is submitted to the federal bureau ofinvestigation;(9) Application, reinstatement, and renewal fees for licensesissued under this act, and fees for anything done or permittedto be done under the rules adopted to implement and enforcethis act;(10) The manner of giving and serving notices required bythis act or rules adopted to implement or enforce it;(11) Times and periods when, and the manner, methods,and means by which, licensees shall transport and delivermarijuana, useable marijuana, and marijuana-infused productswithin the state;(12) Identification, seizure, confiscation, destruction, ordonation to law enforcement for training purposes of allmarijuana, useable marijuana, and marijuana-infused productsproduced, processed, sold, or offered for sale within thisstate which do not conform in all respects to the standardsprescribed by this act or the rules adopted to implement andenforce it: PROVIDED, That nothing in this act shall be construedas authorizing the state liquor control board to seize, confiscate,destroy, or donate to law enforcement marijuana, useablemarijuana, or marijuana-infused products produced, processed,sold, offered for sale, or possessed in compliance with theWashington state medical use of cannabis act, chapter 69.51ARCW.NEW SECTION. Sec. 10. The state liquor control board,subject to the provisions of this act, must adopt rules byDecember 1, 2013, that establish the procedures and criterianecessary to implement the following:(1) Licensing of marijuana producers, marijuana processors,and marijuana retailers, including prescribing forms andestablishing application, reinstatement, and renewal fees;(2) Determining, in consultation with the office of financialmanagement, the maximum number of retail outlets that maybe licensed in each county, taking into consideration:(a) Population distribution;(b) Security and safety issues; and(c) The provision of adequate access to licensed sourcesof useable marijuana and marijuana-infused products todiscourage purchases from the illegal market;
126Initiative Measure 502(3) Determining the maximum quantity of marijuana amarijuana producer may have on the premises of a licensedlocation at any time without violating Washington state law;(4) Determining the maximum quantities of marijuana,useable marijuana, and marijuana-infused products amarijuana processor may have on the premises of a licensedlocation at any time without violating Washington state law;(5) Determining the maximum quantities of useablemarijuana and marijuana-infused products a marijuana retailermay have on the premises of a retail outlet at any time withoutviolating Washington state law;(6) In making the determinations required by subsections (3)through (5) of this section, the state liquor control board shalltake into consideration:(a) Security and safety issues;(b) The provision of adequate access to licensed sources ofmarijuana, useable marijuana, and marijuana-infused productsto discourage purchases from the illegal market; and(c) Economies of scale, and their impact on licensees’ abilityto both comply with regulatory requirements and undercutillegal market prices;(7) Determining the nature, form, and capacity of allcontainers to be used by licensees to contain marijuana,useable marijuana, and marijuana-infused products, and theirlabeling requirements, to include but not be limited to:(a) The business or trade name and Washington stateunified business identifier number of the licensees that grew,processed, and sold the marijuana, useable marijuana, ormarijuana-infused product;(b) Lot numbers of the marijuana, useable marijuana, ormarijuana-infused product;(c) THC concentration of the marijuana, useable marijuana,or marijuana-infused product;(d) Medically and scientifically accurate information aboutthe health and safety risks posed by marijuana use; and(e) Language required by RCW 69.04.480;(8) In consultation with the department of agriculture,establishing classes of marijuana, useable marijuana, andmarijuana-infused products according to grade, condition,cannabinoid profile, THC concentration, or other qualitativemeasurements deemed appropriate by the state liquor controlboard;(9) Establishing reasonable time, place, and mannerrestrictions and requirements regarding advertising ofmarijuana, useable marijuana, and marijuana-infused productsthat are not inconsistent with the provisions of this act, takinginto consideration:(a) Federal laws relating to marijuana that are applicablewithin Washington state;(b) Minimizing exposure of people under twenty-one yearsof age to the advertising; and(c) The inclusion of medically and scientifically accurateinformation about the health and safety risks posed bymarijuana use in the advertising;(10) Specifying and regulating the time and periods when,and the manner, methods, and means by which, licenseesshall transport and deliver marijuana, useable marijuana, andmarijuana-infused products within the state;(11) In consultation with the department and the departmentof agriculture, establishing accreditation requirementsfor testing laboratories used by licensees to demonstratecompliance with standards adopted by the state liquor controlboard, and prescribing methods of producing, processing,and packaging marijuana, useable marijuana, and marijuanainfusedproducts; conditions of sanitation; and standardsof ingredients, quality, and identity of marijuana, useablemarijuana, and marijuana-infused products produced,processed, packaged, or sold by licensees;(12) Specifying procedures for identifying, seizing,confiscating, destroying, and donating to law enforcementfor training purposes all marijuana, useable marijuana, andmarijuana-infused products produced, processed, packaged,labeled, or offered for sale in this state that do not conform inall respects to the standards prescribed by this act or the rulesof the state liquor control board.NEW SECTION. Sec. 11. (1) On a schedule determinedby the state liquor control board, every licensed marijuanaproducer and processor must submit representative samples ofmarijuana, useable marijuana, or marijuana-infused productsproduced or processed by the licensee to an independent, thirdpartytesting laboratory meeting the accreditation requirementsestablished by the state liquor control board, for inspection andtesting to certify compliance with standards adopted by thestate liquor control board. Any sample remaining after testingshall be destroyed by the laboratory or returned to the licensee.(2) Licensees must submit the results of this inspection andtesting to the state liquor control board on a form developed bythe state liquor control board.(3) If a representative sample inspected and tested under thissection does not meet the applicable standards adopted by thestate liquor control board, the entire lot from which the samplewas taken must be destroyed.NEW SECTION. Sec. 12. Except as provided by chapter42.52 RCW, no member of the state liquor control board andno employee of the state liquor control board shall have anyinterest, directly or indirectly, in the producing, processing, orsale of marijuana, useable marijuana, or marijuana-infusedproducts, or derive any profit or remuneration from the sale ofmarijuana, useable marijuana, or marijuana-infused productsother than the salary or wages payable to him or her in respectof his or her office or position, and shall receive no gratuityfrom any person in connection with the business.NEW SECTION. Sec. 13. There may be licensed, in nogreater number in each of the counties of the state than as thestate liquor control board shall deem advisable, retail outletsestablished for the purpose of making useable marijuanaand marijuana-infused products available for sale to adultsaged twenty-one and over. Retail sale of useable marijuanaand marijuana-infused products in accordance with theprovisions of this act and the rules adopted to implement andenforce it, by a validly licensed marijuana retailer or retailoutlet employee, shall not be a criminal or civil offense underWashington state law.NEW SECTION. Sec. 14. (1) Retail outlets shall sell noproducts or services other than useable marijuana, marijuanainfusedproducts, or paraphernalia intended for the storage oruse of useable marijuana or marijuana-infused products.(2) Licensed marijuana retailers shall not employ personsunder twenty-one years of age or allow persons under twentyoneyears of age to enter or remain on the premises of a retailoutlet.(3) Licensed marijuana retailers shall not display any signagein a window, on a door, or on the outside of the premisesof a retail outlet that is visible to the general public from apublic right-of-way, other than a single sign no larger than onethousand six hundred square inches identifying the retail outletby the licensee’s business or trade name.(4) Licensed marijuana retailers shall not display useablemarijuana or marijuana-infused products in a manner that isvisible to the general public from a public right-of-way.(5) No licensed marijuana retailer or employee of a retailoutlet shall open or consume, or allow to be opened or
Initiative Measure 502127consumed, any useable marijuana or marijuana-infusedproduct on the outlet premises.(6) The state liquor control board shall fine a licensee onethousand dollars for each violation of any subsection of thissection. Fines collected under this section must be depositedinto the dedicated marijuana fund created under section 26 ofthis act.NEW SECTION. Sec. 15. The following acts, when performedby a validly licensed marijuana retailer or employee of a validlylicensed retail outlet in compliance with rules adopted by thestate liquor control board to implement and enforce this act,shall not constitute criminal or civil offenses under Washingtonstate law:(1) Purchase and receipt of useable marijuana or marijuanainfusedproducts that have been properly packaged and labeledfrom a marijuana processor validly licensed under this act;(2) Possession of quantities of useable marijuana ormarijuana-infused products that do not exceed the maximumamounts established by the state liquor control board undersection 10(5) of this act; and(3) Delivery, distribution, and sale, on the premises of theretail outlet, of any combination of the following amounts ofuseable marijuana or marijuana-infused product to any persontwenty-one years of age or older:(a) One ounce of useable marijuana;(b) Sixteen ounces of marijuana-infused product in solidform; or(c) Seventy-two ounces of marijuana-infused product inliquid form.NEW SECTION. Sec. 16. The following acts, when performedby a validly licensed marijuana processor or employee of avalidly licensed marijuana processor in compliance with rulesadopted by the state liquor control board to implement andenforce this act, shall not constitute criminal or civil offensesunder Washington state law:(1) Purchase and receipt of marijuana that has been properlypackaged and labeled from a marijuana producer validlylicensed under this act;(2) Possession, processing, packaging, and labeling ofquantities of marijuana, useable marijuana, and marijuanainfusedproducts that do not exceed the maximum amountsestablished by the state liquor control board under section 10(4)of this act; and(3) Delivery, distribution, and sale of useable marijuanaor marijuana-infused products to a marijuana retailer validlylicensed under this act.NEW SECTION. Sec. 17. The following acts, when performedby a validly licensed marijuana producer or employee of avalidly licensed marijuana producer in compliance with rulesadopted by the state liquor control board to implement andenforce this act, shall not constitute criminal or civil offensesunder Washington state law:(1) Production or possession of quantities of marijuana thatdo not exceed the maximum amounts established by the stateliquor control board under section 10(3) of this act; and(2) Delivery, distribution, and sale of marijuana to amarijuana processor or another marijuana producer validlylicensed under this act.NEW SECTION. Sec. 18. (1) No licensed marijuana producer,processor, or retailer shall place or maintain, or cause to beplaced or maintained, an advertisement of marijuana, useablemarijuana, or a marijuana-infused product in any form orthrough any medium whatsoever:(a) Within one thousand feet of the perimeter of a schoolgrounds, playground, recreation center or facility, child carecenter, public park, or library, or any game arcade admissionto which is not restricted to persons aged twenty-one years orolder;(b) On or in a public transit vehicle or public transit shelter; or(c) On or in a publicly owned or operated property.(2) Merchandising within a retail outlet is not advertising forthe purposes of this section.(3) This section does not apply to a noncommercial message.(4) The state liquor control board shall fine a licenseeone thousand dollars for each violation of subsection (1) ofthis section. Fines collected under this subsection must bedeposited into the dedicated marijuana fund created undersection 26 of this act.Sec. 19. RCW 69.50.401 and 2005 c 218 s 1 are each amendedto read as follows:(1) Except as authorized by this chapter, it is unlawful forany person to manufacture, deliver, or possess with intent tomanufacture or deliver, a controlled substance.(2) Any person who violates this section with respect to:(a) A controlled substance classified in Schedule I or II whichis a narcotic drug or flunitrazepam, including its salts, isomers,and salts of isomers, classified in Schedule IV, is guilty of aclass B felony and upon conviction may be imprisoned for notmore than ten years, or (i) fined not more than twenty-fivethousand dollars if the crime involved less than two kilogramsof the drug, or both such imprisonment and fine; or (ii) if thecrime involved two or more kilograms of the drug, then finednot more than one hundred thousand dollars for the first twokilograms and not more than fifty dollars for each gram inexcess of two kilograms, or both such imprisonment and fine;(b) Amphetamine, including its salts, isomers, and salts ofisomers, or methamphetamine, including its salts, isomers,and salts of isomers, is guilty of a class B felony and uponconviction may be imprisoned for not more than ten years,or (i) fined not more than twenty-five thousand dollars if thecrime involved less than two kilograms of the drug, or bothsuch imprisonment and fine; or (ii) if the crime involved twoor more kilograms of the drug, then fined not more than onehundred thousand dollars for the first two kilograms andnot more than fifty dollars for each gram in excess of twokilograms, or both such imprisonment and fine. Three thousanddollars of the fine may not be suspended. As collected, the firstthree thousand dollars of the fine must be deposited with thelaw enforcement agency having responsibility for cleanup oflaboratories, sites, or substances used in the manufacture ofthe methamphetamine, including its salts, isomers, and salts ofisomers. The fine moneys deposited with that law enforcementagency must be used for such clean-up cost;(c) Any other controlled substance classified in ScheduleI, II, or III, is guilty of a class C felony punishable according tochapter 9A.20 RCW;(d) A substance classified in Schedule IV, exceptflunitrazepam, including its salts, isomers, and salts of isomers,is guilty of a class C felony punishable according to chapter9A.20 RCW; or(e) A substance classified in Schedule V, is guilty of a class Cfelony punishable according to chapter 9A.20 RCW.(3) The production, manufacture, processing, packaging,delivery, distribution, sale, or possession of marijuana incompliance with the terms set forth in section 15, 16, or 17of this act shall not constitute a violation of this section, thischapter, or any other provision of Washington state law.Sec. 20. RCW 69.50.4013 and 2003 c 53 s 334 are eachamended to read as follows:(1) It is unlawful for any person to possess a controlledsubstance unless the substance was obtained directly from,or pursuant to, a valid prescription or order of a practitioner
128Initiative Measure 502while acting in the course of his or her professional practice, orexcept as otherwise authorized by this chapter.(2) Except as provided in RCW 69.50.4014, any person whoviolates this section is guilty of a class C felony punishableunder chapter 9A.20 RCW.(3) The possession, by a person twenty-one years of ageor older, of useable marijuana or marijuana-infused productsin amounts that do not exceed those set forth in section 15(3)of this act is not a violation of this section, this chapter, or anyother provision of Washington state law.NEW SECTION. Sec. 21. It is unlawful to open a packagecontaining marijuana, useable marijuana, or a marijuanainfusedproduct, or consume marijuana, useable marijuana,or a marijuana-infused product, in view of the general public.A person who violates this section is guilty of a class 3 civilinfraction under chapter 7.80 RCW.Sec. 22. RCW 69.50.412 and 2002 c 213 s 1 are each amendedto read as follows:(1) It is unlawful for any person to use drug paraphernaliato plant, propagate, cultivate, grow, harvest, manufacture,compound, convert, produce, process, prepare, test, analyze,pack, repack, store, contain, conceal, inject, ingest, inhale,or otherwise introduce into the human body a controlledsubstance other than marijuana. Any person who violates thissubsection is guilty of a misdemeanor.(2) It is unlawful for any person to deliver, possess withintent to deliver, or manufacture with intent to deliver drugparaphernalia, knowing, or under circumstances where onereasonably should know, that it will be used to plant, propagate,cultivate, grow, harvest, manufacture, compound, convert,produce, process, prepare, test, analyze, pack, repack, store,contain, conceal, inject, ingest, inhale, or otherwise introduceinto the human body a controlled substance other thanmarijuana. Any person who violates this subsection is guilty ofa misdemeanor.(3) Any person eighteen years of age or over who violatessubsection (2) of this section by delivering drug paraphernaliato a person under eighteen years of age who is at least threeyears his junior is guilty of a gross misdemeanor.(4) It is unlawful for any person to place in any newspaper,magazine, handbill, or other publication any advertisement,knowing, or under circumstances where one reasonably shouldknow, that the purpose of the advertisement, in whole or inpart, is to promote the sale of objects designed or intendedfor use as drug paraphernalia. Any person who violates thissubsection is guilty of a misdemeanor.(5) It is lawful for any person over the age of eighteen topossess sterile hypodermic syringes and needles for thepurpose of reducing bloodborne diseases.Sec. 23. RCW 69.50.4121 and 2002 c 213 s 2 are eachamended to read as follows:(1) Every person who sells or gives, or permits to be soldor given to any person any drug paraphernalia in any formcommits a class I civil infraction under chapter 7.80 RCW. Forpurposes of this subsection, “drug paraphernalia” meansall equipment, products, and materials of any kind whichare used, intended for use, or designed for use in planting,propagating, cultivating, growing, harvesting, manufacturing,compounding, converting, producing, processing, preparing,testing, analyzing, packaging, repackaging, storing, containing,concealing, injecting, ingesting, inhaling, or otherwiseintroducing into the human body a controlled substanceother than marijuana. Drug paraphernalia includes, but is notlimited to objects used, intended for use, or designed for usein ingesting, inhaling, or otherwise introducing ((marihuana,))cocaine((, hashish, or hashish oil)) into the human body, suchas:(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramicpipes with or without screens, permanent screens, hashishheads, or punctured metal bowls;(b) Water pipes;(c) Carburetion tubes and devices;(d) Smoking and carburetion masks;(e) ((Roach clips: Meaning objects used to hold burningmaterial, such as a marihuana cigarette, that has become toosmall or too short to be held in the hand;(f))) Miniature cocaine spoons and cocaine vials;(((g))) (f) Chamber pipes;(((h))) (g) Carburetor pipes;(((i))) (h) Electric pipes;(((j))) (i) Air-driven pipes;(((k) Chillums;(l) Bongs;)) and(((m))) (j) Ice pipes or chillers.(2) It shall be no defense to a prosecution for a violationof this section that the person acted, or was believed by thedefendant to act, as agent or representative of another.(3) Nothing in subsection (1) of this section prohibits legaldistribution of injection syringe equipment through publichealth and community based HIV prevention programs, andpharmacies.Sec. 24. RCW 69.50.500 and 1989 1st ex.s. c 9 s 437 are eachamended to read as follows:(a) It is hereby made the duty of the state board of pharmacy,the department, the state liquor control board, and theirofficers, agents, inspectors and representatives, and all lawenforcement officers within the state, and of all prosecutingattorneys, to enforce all provisions of this chapter, exceptthose specifically delegated, and to cooperate with all agenciescharged with the enforcement of the laws of the UnitedStates, of this state, and all other states, relating to controlledsubstances as defined in this chapter.(b) Employees of the department of health, who are sodesignated by the board as enforcement officers are declaredto be peace officers and shall be vested with police powers toenforce the drug laws of this state, including this chapter.Sec. 25. RCW 69.50.505 and 2009 c 479 s 46 and 2009 c 364 s1 are each reenacted and amended to read as follows:(1) The following are subject to seizure and forfeiture and noproperty right exists in them:(a) All controlled substances which have been manufactured,distributed, dispensed, acquired, or possessed in violation ofthis chapter or chapter 69.41 or 69.52 RCW, and all hazardouschemicals, as defined in RCW 64.44.010, used or intended to beused in the manufacture of controlled substances;(b) All raw materials, products, and equipment of anykind which are used, or intended for use, in manufacturing,compounding, processing, delivering, importing, or exportingany controlled substance in violation of this chapter or chapter69.41 or 69.52 RCW;(c) All property which is used, or intended for use, as acontainer for property described in (a) or (b) of this subsection;(d) All conveyances, including aircraft, vehicles, or vessels,which are used, or intended for use, in any manner to facilitatethe sale, delivery, or receipt of property described in (a) or (b) ofthis subsection, except that:(i) No conveyance used by any person as a common carrierin the transaction of business as a common carrier is subject toforfeiture under this section unless it appears that the owner or
Initiative Measure 502129other person in charge of the conveyance is a consenting partyor privy to a violation of this chapter or chapter 69.41 or 69.52RCW;(ii) No conveyance is subject to forfeiture under this sectionby reason of any act or omission established by the ownerthereof to have been committed or omitted without the owner’sknowledge or consent;(iii) No conveyance is subject to forfeiture under this sectionif used in the receipt of only an amount of marijuana for whichpossession constitutes a misdemeanor under RCW 69.50.4014;(iv) A forfeiture of a conveyance encumbered by a bona fidesecurity interest is subject to the interest of the secured party ifthe secured party neither had knowledge of nor consented tothe act or omission; and(v) When the owner of a conveyance has been arrestedunder this chapter or chapter 69.41 or 69.52 RCW theconveyance in which the person is arrested may not be subjectto forfeiture unless it is seized or process is issued for its seizurewithin ten days of the owner’s arrest;(e) All books, records, and research products and materials,including formulas, microfilm, tapes, and data which are used,or intended for use, in violation of this chapter or chapter 69.41or 69.52 RCW;(f) All drug paraphernalia other than paraphernaliapossessed, sold, or used solely to facilitate marijuana-relatedactivities that are not violations of this chapter;(g) All moneys, negotiable instruments, securities, or othertangible or intangible property of value furnished or intendedto be furnished by any person in exchange for a controlledsubstance in violation of this chapter or chapter 69.41 or 69.52RCW, all tangible or intangible personal property, proceeds, orassets acquired in whole or in part with proceeds traceable toan exchange or series of exchanges in violation of this chapteror chapter 69.41 or 69.52 RCW, and all moneys, negotiableinstruments, and securities used or intended to be used tofacilitate any violation of this chapter or chapter 69.41 or 69.52RCW. A forfeiture of money, negotiable instruments, securities,or other tangible or intangible property encumbered by a bonafide security interest is subject to the interest of the securedparty if, at the time the security interest was created, thesecured party neither had knowledge of nor consented to theact or omission. No personal property may be forfeited underthis subsection (1)(g), to the extent of the interest of an owner,by reason of any act or omission which that owner establisheswas committed or omitted without the owner’s knowledge orconsent; and(h) All real property, including any right, title, and interestin the whole of any lot or tract of land, and any appurtenancesor improvements which are being used with the knowledge ofthe owner for the manufacturing, compounding, processing,delivery, importing, or exporting of any controlled substance,or which have been acquired in whole or in part with proceedstraceable to an exchange or series of exchanges in violationof this chapter or chapter 69.41 or 69.52 RCW, if such activityis not less than a class C felony and a substantial nexus existsbetween the commercial production or sale of the controlledsubstance and the real property. However:(i) No property may be forfeited pursuant to this subsection(1)(h), to the extent of the interest of an owner, by reason ofany act or omission committed or omitted without the owner’sknowledge or consent;(ii) The bona fide gift of a controlled substance, legenddrug, or imitation controlled substance shall not result in theforfeiture of real property;(iii) The possession of marijuana shall not result in theforfeiture of real property unless the marijuana is possessedfor commercial purposes that are unlawful under Washingtonstate law, the amount possessed is five or more plants or onepound or more of marijuana, and a substantial nexus existsbetween the possession of marijuana and the real property. Insuch a case, the intent of the offender shall be determined bythe preponderance of the evidence, including the offender’sprior criminal history, the amount of marijuana possessed bythe offender, the sophistication of the activity or equipmentused by the offender, whether the offender was licensed toproduce, process, or sell marijuana, or was an employee of alicensed producer, processor, or retailer, and other evidencewhich demonstrates the offender’s intent to engage in unlawfulcommercial activity;(iv) The unlawful sale of marijuana or a legend drug shall notresult in the forfeiture of real property unless the sale was fortygrams or more in the case of marijuana or one hundred dollarsor more in the case of a legend drug, and a substantial nexusexists between the unlawful sale and the real property; and(v) A forfeiture of real property encumbered by a bona fidesecurity interest is subject to the interest of the secured party ifthe secured party, at the time the security interest was created,neither had knowledge of nor consented to the act or omission.(2) Real or personal property subject to forfeiture underthis chapter may be seized by any board inspector or lawenforcement officer of this state upon process issued by anysuperior court having jurisdiction over the property. Seizureof real property shall include the filing of a lis pendens by theseizing agency. Real property seized under this section shall notbe transferred or otherwise conveyed until ninety days afterseizure or until a judgment of forfeiture is entered, whicheveris later: PROVIDED, That real property seized under this sectionmay be transferred or conveyed to any person or entity whoacquires title by foreclosure or deed in lieu of foreclosure of asecurity interest. Seizure of personal property without processmay be made if:(a) The seizure is incident to an arrest or a search undera search warrant or an inspection under an administrativeinspection warrant;(b) The property subject to seizure has been the subject of aprior judgment in favor of the state in a criminal injunction orforfeiture proceeding based upon this chapter;(c) A board inspector or law enforcement officer hasprobable cause to believe that the property is directly orindirectly dangerous to health or safety; or(d) The board inspector or law enforcement officer hasprobable cause to believe that the property was used or isintended to be used in violation of this chapter.(3) In the event of seizure pursuant to subsection (2) ofthis section, proceedings for forfeiture shall be deemedcommenced by the seizure. The law enforcement agency underwhose authority the seizure was made shall cause notice tobe served within fifteen days following the seizure on theowner of the property seized and the person in charge thereofand any person having any known right or interest therein,including any community property interest, of the seizure andintended forfeiture of the seized property. Service of notice ofseizure of real property shall be made according to the rulesof civil procedure. However, the state may not obtain a defaultjudgment with respect to real property against a party who isserved by substituted service absent an affidavit stating thata good faith effort has been made to ascertain if the defaultedparty is incarcerated within the state, and that there is nopresent basis to believe that the party is incarcerated withinthe state. Notice of seizure in the case of property subject to asecurity interest that has been perfected by filing a financingstatement in accordance with chapter 62A.9A RCW, or acertificate of title, shall be made by service upon the securedparty or the secured party’s assignee at the address shown onthe financing statement or the certificate of title. The notice ofseizure in other cases may be served by any method authorizedby law or court rule including but not limited to service by
130Initiative Measure 502certified mail with return receipt requested. Service by mailshall be deemed complete upon mailing within the fifteen dayperiod following the seizure.(4) If no person notifies the seizing law enforcement agencyin writing of the person’s claim of ownership or right topossession of items specified in subsection (1)(d), (g), or (h)of this section within forty-five days of the service of noticefrom the seizing agency in the case of personal property andninety days in the case of real property, the item seized shallbe deemed forfeited. The community property interest inreal property of a person whose spouse or domestic partnercommitted a violation giving rise to seizure of the real propertymay not be forfeited if the person did not participate in theviolation.(5) If any person notifies the seizing law enforcementagency in writing of the person’s claim of ownership or right topossession of items specified in subsection (1)(b), (c), (d), (e), (f),(g), or (h) of this section within forty-five days of the service ofnotice from the seizing agency in the case of personal propertyand ninety days in the case of real property, the person orpersons shall be afforded a reasonable opportunity to be heardas to the claim or right. The notice of claim may be servedby any method authorized by law or court rule including, butnot limited to, service by first-class mail. Service by mail shallbe deemed complete upon mailing within the forty-five dayperiod following service of the notice of seizure in the case ofpersonal property and within the ninety-day period followingservice of the notice of seizure in the case of real property.The hearing shall be before the chief law enforcement officerof the seizing agency or the chief law enforcement officer’sdesignee, except where the seizing agency is a state agencyas defined in RCW 34.12.020(4), the hearing shall be beforethe chief law enforcement officer of the seizing agency or anadministrative law judge appointed under chapter 34.12 RCW,except that any person asserting a claim or right may removethe matter to a court of competent jurisdiction. Removal of anymatter involving personal property may only be accomplishedaccording to the rules of civil procedure. The person seekingremoval of the matter must serve process against the state,county, political subdivision, or municipality that operates theseizing agency, and any other party of interest, in accordancewith RCW 4.28.080 or 4.92.020, within forty-five days afterthe person seeking removal has notified the seizing lawenforcement agency of the person’s claim of ownership or rightto possession. The court to which the matter is to be removedshall be the district court when the aggregate value of personalproperty is within the jurisdictional limit set forth in RCW3.66.020. A hearing before the seizing agency and any appealtherefrom shall be under Title 34 RCW. In all cases, the burdenof proof is upon the law enforcement agency to establish, by apreponderance of the evidence, that the property is subject toforfeiture.The seizing law enforcement agency shall promptly returnthe article or articles to the claimant upon a determinationby the administrative law judge or court that the claimant isthe present lawful owner or is lawfully entitled to possessionthereof of items specified in subsection (1)(b), (c), (d), (e), (f), (g),or (h) of this section.(6) In any proceeding to forfeit property under this title,where the claimant substantially prevails, the claimant isentitled to reasonable attorneys’ fees reasonably incurred bythe claimant. In addition, in a court hearing between two ormore claimants to the article or articles involved, the prevailingparty is entitled to a judgment for costs and reasonableattorneys’ fees.(7) When property is forfeited under this chapter the board orseizing law enforcement agency may:(a) Retain it for official use or upon application by any lawenforcement agency of this state release such property to suchagency for the exclusive use of enforcing the provisions of thischapter;(b) Sell that which is not required to be destroyed by law andwhich is not harmful to the public;(c) Request the appropriate sheriff or director of public safetyto take custody of the property and remove it for disposition inaccordance with law; or(d) Forward it to the drug enforcement administration fordisposition.(8)(a) When property is forfeited, the seizing agency shallkeep a record indicating the identity of the prior owner, ifknown, a description of the property, the disposition of theproperty, the value of the property at the time of seizure,and the amount of proceeds realized from disposition of theproperty.(b) Each seizing agency shall retain records of forfeitedproperty for at least seven years.(c) Each seizing agency shall file a report including a copy ofthe records of forfeited property with the state treasurer eachcalendar quarter.(d) The quarterly report need not include a record of forfeitedproperty that is still being held for use as evidence during theinvestigation or prosecution of a case or during the appeal froma conviction.(9)(a) By January 31st of each year, each seizing agency shallremit to the state treasurer an amount equal to ten percent ofthe net proceeds of any property forfeited during the precedingcalendar year. Money remitted shall be deposited in the stategeneral fund.(b) The net proceeds of forfeited property is the value of theforfeitable interest in the property after deducting the cost ofsatisfying any bona fide security interest to which the propertyis subject at the time of seizure; and in the case of sold property,after deducting the cost of sale, including reasonable fees orcommissions paid to independent selling agents, and the costof any valid landlord’s claim for damages under subsection (15)of this section.(c) The value of sold forfeited property is the sale price. Thevalue of retained forfeited property is the fair market value ofthe property at the time of seizure, determined when possibleby reference to an applicable commonly used index, such asthe index used by the department of licensing for valuation ofmotor vehicles. A seizing agency may use, but need not use,an independent qualified appraiser to determine the valueof retained property. If an appraiser is used, the value of theproperty appraised is net of the cost of the appraisal. The valueof destroyed property and retained firearms or illegal propertyis zero.(10) Forfeited property and net proceeds not required tobe paid to the state treasurer shall be retained by the seizinglaw enforcement agency exclusively for the expansion andimprovement of controlled substances related law enforcementactivity. Money retained under this section may not be used tosupplant preexisting funding sources.(11) Controlled substances listed in Schedule I, II, III, IV, andV that are possessed, transferred, sold, or offered for sale inviolation of this chapter are contraband and shall be seized andsummarily forfeited to the state. Controlled substances listedin Schedule I, II, III, IV, and V, which are seized or come into thepossession of the board, the owners of which are unknown, arecontraband and shall be summarily forfeited to the board.(12) Species of plants from which controlled substances inSchedules I and II may be derived which have been planted orcultivated in violation of this chapter, or of which the ownersor cultivators are unknown, or which are wild growths, may beseized and summarily forfeited to the board.
Initiative Measure 502131(13) The failure, upon demand by a board inspector or lawenforcement officer, of the person in occupancy or in control ofland or premises upon which the species of plants are growingor being stored to produce an appropriate registration or proofthat he or she is the holder thereof constitutes authority for theseizure and forfeiture of the plants.(14) Upon the entry of an order of forfeiture of real property,the court shall forward a copy of the order to the assessor of thecounty in which the property is located. Orders for the forfeitureof real property shall be entered by the superior court, subjectto court rules. Such an order shall be filed by the seizing agencyin the county auditor’s records in the county in which the realproperty is located.(15)(a) A landlord may assert a claim against proceeds fromthe sale of assets seized and forfeited under subsection (7)(b) ofthis section, only if:(((a))) (i) A law enforcement officer, while acting in his or herofficial capacity, directly caused damage to the complaininglandlord’s property while executing a search of a tenant’sresidence; and(((b))) (ii) The landlord has applied any funds remaining inthe tenant’s deposit, to which the landlord has a right underchapter 59.18 RCW, to cover the damage directly caused by alaw enforcement officer prior to asserting a claim under theprovisions of this section;(((i))) (A) Only if the funds applied under (((b))) (a)(ii) ofthis subsection are insufficient to satisfy the damage directlycaused by a law enforcement officer, may the landlord seekcompensation for the damage by filing a claim againstthe governmental entity under whose authority the lawenforcement agency operates within thirty days after thesearch;(((ii))) (B) Only if the governmental entity denies or fails torespond to the landlord’s claim within sixty days of the date offiling, may the landlord collect damages under this subsectionby filing within thirty days of denial or the expiration of thesixty-day period, whichever occurs first, a claim with the seizinglaw enforcement agency. The seizing law enforcement agencymust notify the landlord of the status of the claim by the end ofthe thirty-day period. Nothing in this section requires the claimto be paid by the end of the sixty-day or thirty-day period.(((c))) (b) For any claim filed under (((b))) (a)(ii) of thissubsection, the law enforcement agency shall pay the claimunless the agency provides substantial proof that the landlordeither:(i) Knew or consented to actions of the tenant in violation ofthis chapter or chapter 69.41 or 69.52 RCW; or(ii) Failed to respond to a notification of the illegal activity,provided by a law enforcement agency under RCW 59.18.075,within seven days of receipt of notification of the illegal activity.(16) The landlord’s claim for damages under subsection (15)of this section may not include a claim for loss of business andis limited to:(a) Damage to tangible property and clean-up costs;(b) The lesser of the cost of repair or fair market value of thedamage directly caused by a law enforcement officer;(c) The proceeds from the sale of the specific tenant’sproperty seized and forfeited under subsection (7)(b) of thissection; and(d) The proceeds available after the seizing law enforcementagency satisfies any bona fide security interest in the tenant’sproperty and costs related to sale of the tenant’s property asprovided by subsection (9)(b) of this section.(17) Subsections (15) and (16) of this section do not limit anyother rights a landlord may have against a tenant to collect fordamages. However, if a law enforcement agency satisfies alandlord’s claim under subsection (15) of this section, the rightsthe landlord has against the tenant for damages directly causedby a law enforcement officer under the terms of the landlordand tenant’s contract are subrogated to the law enforcementagency.PART IVDEDICATED MARIJUANA FUNDNEW SECTION. Sec. 26. (1) There shall be a fund, knownas the dedicated marijuana fund, which shall consist of allmarijuana excise taxes, license fees, penalties, forfeitures, andall other moneys, income, or revenue received by the stateliquor control board from marijuana-related activities. The statetreasurer shall be custodian of the fund.(2) All moneys received by the state liquor control board orany employee thereof from marijuana-related activities shallbe deposited each day in a depository approved by the statetreasurer and transferred to the state treasurer to be credited tothe dedicated marijuana fund.(3) Disbursements from the dedicated marijuana fund shallbe on authorization of the state liquor control board or a dulyauthorized representative thereof.NEW SECTION. Sec. 27. (1) There is levied and collecteda marijuana excise tax equal to twenty-five percent of theselling price on each wholesale sale in this state of marijuanaby a licensed marijuana producer to a licensed marijuanaprocessor or another licensed marijuana producer. This tax isthe obligation of the licensed marijuana producer.(2) There is levied and collected a marijuana excise tax equalto twenty-five percent of the selling price on each wholesalesale in this state of useable marijuana or marijuana-infusedproduct by a licensed marijuana processor to a licensedmarijuana retailer. This tax is the obligation of the licensedmarijuana processor.(3) There is levied and collected a marijuana excise tax equalto twenty-five percent of the selling price on each retail sale inthis state of useable marijuana and marijuana-infused products.This tax is the obligation of the licensed marijuana retailer, isseparate and in addition to general state and local sales anduse taxes that apply to retail sales of tangible personal property,and is part of the total retail price to which general state andlocal sales and use taxes apply.(4) All revenues collected from the marijuana excise taxesimposed under subsections (1) through (3) of this section shallbe deposited each day in a depository approved by the statetreasurer and transferred to the state treasurer to be credited tothe dedicated marijuana fund.(5) The state liquor control board shall regularly reviewthe tax levels established under this section and makerecommendations to the legislature as appropriate regardingadjustments that would further the goal of discouraging usewhile undercutting illegal market prices.NEW SECTION. Sec. 28. All marijuana excise taxes collectedfrom sales of marijuana, useable marijuana, and marijuanainfusedproducts under section 27 of this act, and the licensefees, penalties, and forfeitures derived under this act frommarijuana producer, marijuana processor, and marijuanaretailer licenses shall every three months be disbursed by thestate liquor control board as follows:(1) One hundred twenty-five thousand dollars to thedepartment of social and health services to design andadminister the Washington state healthy youth survey, analyzethe collected data, and produce reports, in collaborationwith the office of the superintendent of public instruction,department of health, department of commerce, familypolicy council, and state liquor control board. The surveyshall be conducted at least every two years and includequestions regarding, but not necessarily limited to, academic
132Initiative Measure 502achievement, age at time of substance use initiation, antisocialbehavior of friends, attitudes toward antisocial behavior,attitudes toward substance use, laws and communitynorms regarding antisocial behavior, family conflict, familymanagement, parental attitudes toward substance use, peerrewarding of antisocial behavior, perceived risk of substanceuse, and rebelliousness. Funds disbursed under this subsectionmay be used to expand administration of the healthy youthsurvey to student populations attending institutions of highereducation in Washington;(2) Fifty thousand dollars to the department of socialand health services for the purpose of contracting with theWashington state institute for public policy to conduct the costbenefitevaluation and produce the reports described in section30 of this act. This appropriation shall end after production ofthe final report required by section 30 of this act;(3) Five thousand dollars to the University of Washingtonalcohol and drug abuse institute for the creation, maintenance,and timely updating of web-based public education materialsproviding medically and scientifically accurate informationabout the health and safety risks posed by marijuana use;(4) An amount not exceeding one million two hundredfifty thousand dollars to the state liquor control board as isnecessary for administration of this act;(5) Of the funds remaining after the disbursements identified insubsections (1) through (4) of this section:(a) Fifteen percent to the department of social and healthservices division of behavioral health and recovery forimplementation and maintenance of programs and practicesaimed at the prevention or reduction of maladaptive substanceuse, substance-use disorder, substance abuse or substancedependence, as these terms are defined in the Diagnostic andStatistical Manual of Mental Disorders, among middle schooland high school age students, whether as an explicit goal of agiven program or practice or as a consistently correspondingeffect of its implementation; PROVIDED, That:(i) Of the funds disbursed under (a) of this subsection, atleast eighty-five percent must be directed to evidence-basedand cost-beneficial programs and practices that produceobjectively measurable results; and(ii) Up to fifteen percent of the funds disbursed under (a)of this subsection may be directed to research-based andemerging best practices or promising practices.In deciding which programs and practices to fund, thesecretary of the department of social and health services shallconsult, at least annually, with the University of Washington’ssocial development research group and the University ofWashington’s alcohol and drug abuse institute;(b) Ten percent to the department of health for the creation,implementation, operation, and management of a marijuanaeducation and public health program that contains thefollowing:(i) A marijuana use public health hotline that providesreferrals to substance abuse treatment providers, utilizesevidence-based or research-based public health approaches tominimizing the harms associated with marijuana use, and doesnot solely advocate an abstinence-only approach;(ii) A grants program for local health departments or otherlocal community agencies that supports development andimplementation of coordinated intervention strategies for theprevention and reduction of marijuana use by youth; and(iii) Media-based education campaigns across television,internet, radio, print, and out-of-home advertising, separatelytargeting youth and adults, that provide medically andscientifically accurate information about the health and safetyrisks posed by marijuana use;(c) Six-tenths of one percent to the University of Washingtonand four-tenths of one percent to Washington State Universityfor research on the short and long-term effects of marijuanause, to include but not be limited to formal and informalmethods for estimating and measuring intoxication andimpairment, and for the dissemination of such research;(d) Fifty percent to the state basic health plan trust accountto be administered by the Washington basic health planadministrator and used as provided under chapter 70.47 RCW;(e) Five percent to the Washington state health care authorityto be expended exclusively through contracts with communityhealth centers to provide primary health and dental careservices, migrant health services, and maternity health careservices as provided under RCW 41.05.220;(f) Three-tenths of one percent to the office of thesuperintendent of public instruction to fund grants to buildingbridges programs under chapter 28A.175 RCW; and(g) The remainder to the general fund.NEW SECTION. Sec. 29. The department of social and healthservices and the department of health shall, by December 1,2013, adopt rules not inconsistent with the spirit of this actas are deemed necessary or advisable to carry into effect theprovisions of section 28 of this act.NEW SECTION. Sec. 30. (1) The Washington state institutefor public policy shall conduct cost-benefit evaluations ofthe implementation of this act. A preliminary report, andrecommendations to appropriate committees of the legislature,shall be made by September 1, 2015, and the first final reportwith recommendations by September 1, 2017. Subsequentreports shall be due September 1, 2022, and September 1, 2032.(2) The evaluation of the implementation of this act shallinclude, but not necessarily be limited to, consideration of thefollowing factors:(a) Public health, to include but not be limited to:(i) Health costs associated with marijuana use;(ii) Health costs associated with criminal prohibition ofmarijuana, including lack of product safety or quality controlregulations and the relegation of marijuana to the same illegalmarket as potentially more dangerous substances; and(iii) The impact of increased investment in the research,evaluation, education, prevention and intervention programs,practices, and campaigns identified in section 16 of this acton rates of marijuana-related maladaptive substance useand diagnosis of marijuana-related substance-use disorder,substance abuse, or substance dependence, as these termsare defined in the Diagnostic and Statistical Manual of MentalDisorders;(b) Public safety, to include but not be limited to:(i) Public safety issues relating to marijuana use; and(ii) Public safety issues relating to criminal prohibition ofmarijuana;(c) Youth and adult rates of the following:(i) Marijuana use;(ii) Maladaptive use of marijuana; and(iii) Diagnosis of marijuana-related substance-use disorder,substance abuse, or substance dependence, including primary,secondary, and tertiary choices of substance;(d) Economic impacts in the private and public sectors,including but not limited to:(i) Jobs creation;(ii) Workplace safety;(iii) Revenues; and(iv) Taxes generated for state and local budgets;
Initiative Measure 502133(e) Criminal justice impacts, to include but not be limited to:(i) Use of public resources like law enforcement officers andequipment, prosecuting attorneys and public defenders, judgesand court staff, the Washington state patrol crime lab andidentification and criminal history section, jails and prisons, andmisdemeanant and felon supervision officers to enforce statecriminal laws regarding marijuana; and(ii) Short and long-term consequences of involvement in thecriminal justice system for persons accused of crimes relatingto marijuana, their families, and their communities; and(f) State and local agency administrative costs and revenues.PART VDRIVING UNDER THE INFLUENCE OF MARIJUANASec. 31. RCW 46.20.308 and 2008 c 282 s 2 are each amendedto read as follows:(1) Any person who operates a motor vehicle within thisstate is deemed to have given consent, subject to the provisionsof RCW 46.61.506, to a test or tests of his or her breath or bloodfor the purpose of determining the alcohol concentration, THCconcentration, or presence of any drug in his or her breath orblood if arrested for any offense where, at the time of the arrest,the arresting officer has reasonable grounds to believe theperson had been driving or was in actual physical control of amotor vehicle while under the influence of intoxicating liquor orany drug or was in violation of RCW 46.61.503. Neither consentnor this section precludes a police officer from obtaining asearch warrant for a person’s breath or blood.(2) The test or tests of breath shall be administered at thedirection of a law enforcement officer having reasonablegrounds to believe the person to have been driving or in actualphysical control of a motor vehicle within this state whileunder the influence of intoxicating liquor or any drug or theperson to have been driving or in actual physical control of amotor vehicle while having alcohol or THC in a concentration inviolation of RCW 46.61.503 in his or her system and being underthe age of twenty-one. However, in those instances where theperson is incapable due to physical injury, physical incapacity,or other physical limitation, of providing a breath sample orwhere the person is being treated in a hospital, clinic, doctor’soffice, emergency medical vehicle, ambulance, or other similarfacility or where the officer has reasonable grounds to believethat the person is under the influence of a drug, a blood testshall be administered by a qualified person as provided in RCW46.61.506(5). The officer shall inform the person of his or herright to refuse the breath or blood test, and of his or her rightto have additional tests administered by any qualified personof his or her choosing as provided in RCW 46.61.506. The officershall warn the driver, in substantially the following language,that:(a) If the driver refuses to take the test, the driver’s license,permit, or privilege to drive will be revoked or denied for atleast one year; and(b) If the driver refuses to take the test, the driver’s refusal totake the test may be used in a criminal trial; and(c) If the driver submits to the test and the test isadministered, the driver’s license, permit, or privilege to drivewill be suspended, revoked, or denied for at least ninety days if:(i) The driver is age twenty-one or over and the test indicateseither that the alcohol concentration of the driver’s breath orblood is 0.08 or more((,)) or that the THC concentration of thedriver’s blood is 5.00 or more; or ((if))(ii) The driver is under age twenty-one and the test indicateseither that the alcohol concentration of the driver’s breath orblood is 0.02 or more((,)) or that the THC concentration of thedriver’s blood is above 0.00; or ((if))(iii) The driver is under age twenty-one and the driver is inviolation of RCW 46.61.502 or 46.61.504; and(d) If the driver’s license, permit, or privilege to drive issuspended, revoked, or denied the driver may be eligible toimmediately apply for an ignition interlock driver’s license.(3) Except as provided in this section, the test administeredshall be of the breath only. If an individual is unconscious or isunder arrest for the crime of vehicular homicide as providedin RCW 46.61.520 or vehicular assault as provided in RCW46.61.522, or if an individual is under arrest for the crime ofdriving while under the influence of intoxicating liquor ordrugs as provided in RCW 46.61.502, which arrest results froman accident in which there has been serious bodily injury toanother person, a breath or blood test may be administeredwithout the consent of the individual so arrested.(4) Any person who is dead, unconscious, or who isotherwise in a condition rendering him or her incapable ofrefusal, shall be deemed not to have withdrawn the consentprovided by subsection (1) of this section and the test ortests may be administered, subject to the provisions of RCW46.61.506, and the person shall be deemed to have received thewarnings required under subsection (2) of this section.(5) If, following his or her arrest and receipt of warningsunder subsection (2) of this section, the person arrested refusesupon the request of a law enforcement officer to submit to atest or tests of his or her breath or blood, no test shall be givenexcept as authorized under subsection (3) or (4) of this section.(6) If, after arrest and after the other applicable conditionsand requirements of this section have been satisfied, a testor tests of the person’s blood or breath is administeredand the test results indicate that the alcohol concentrationof the person’s breath or blood is 0.08 or more, or theTHC concentration of the person’s blood is 5.00 or more,if the person is age twenty-one or over, or that the alcoholconcentration of the person’s breath or blood is 0.02 or more, orthe THC concentration of the person’s blood is above 0.00, if theperson is under the age of twenty-one, or the person refuses tosubmit to a test, the arresting officer or other law enforcementofficer at whose direction any test has been given, or thedepartment, where applicable, if the arrest results in a test ofthe person’s blood, shall:(a) Serve notice in writing on the person on behalf of thedepartment of its intention to suspend, revoke, or deny theperson’s license, permit, or privilege to drive as required bysubsection (7) of this section;(b) Serve notice in writing on the person on behalf of thedepartment of his or her right to a hearing, specifying thesteps he or she must take to obtain a hearing as provided bysubsection (8) of this section and that the person waives theright to a hearing if he or she receives an ignition interlockdriver’s license;(c) Mark the person’s Washington state driver’s licenseor permit to drive, if any, in a manner authorized by thedepartment;(d) Serve notice in writing that the marked license or permit,if any, is a temporary license that is valid for sixty days fromthe date of arrest or from the date notice has been given in theevent notice is given by the department following a blood test,or until the suspension, revocation, or denial of the person’slicense, permit, or privilege to drive is sustained at a hearingpursuant to subsection (8) of this section, whichever occursfirst. No temporary license is valid to any greater degree thanthe license or permit that it replaces; and(e) Immediately notify the department of the arrest andtransmit to the department within seventy-two hours, except asdelayed as the result of a blood test, a sworn report or reportunder a declaration authorized by RCW 9A.72.085 that states:(i) That the officer had reasonable grounds to believe thearrested person had been driving or was in actual physicalcontrol of a motor vehicle within this state while under the
134Initiative Measure 502influence of intoxicating liquor or drugs, or both, or was underthe age of twenty-one years and had been driving or was inactual physical control of a motor vehicle while having analcohol or THC concentration in violation of RCW 46.61.503;(ii) That after receipt of the warnings required by subsection(2) of this section the person refused to submit to a test of his orher blood or breath, or a test was administered and the resultsindicated that the alcohol concentration of the person’s breathor blood was 0.08 or more, or the THC concentration of theperson’s blood was 5.00 or more, if the person is age twentyoneor over, or that the alcohol concentration of the person’sbreath or blood was 0.02 or more, or the THC concentration ofthe person’s blood was above 0.00, if the person is under theage of twenty-one; and(iii) Any other information that the director may require byrule.(7) The department of licensing, upon the receipt of asworn report or report under a declaration authorized by RCW9A.72.085 under subsection (6)(e) of this section, shall suspend,revoke, or deny the person’s license, permit, or privilege todrive or any nonresident operating privilege, as provided inRCW 46.20.3101, such suspension, revocation, or denial to beeffective beginning sixty days from the date of arrest or fromthe date notice has been given in the event notice is given bythe department following a blood test, or when sustained at ahearing pursuant to subsection (8) of this section, whicheveroccurs first.(8) A person receiving notification under subsection (6)(b) of this section may, within twenty days after the noticehas been given, request in writing a formal hearing beforethe department. The person shall pay a fee of two hundreddollars as part of the request. If the request is mailed, it must bepostmarked within twenty days after receipt of the notification.Upon timely receipt of such a request for a formal hearing,including receipt of the required two hundred dollar fee, thedepartment shall afford the person an opportunity for a hearing.The department may waive the required two hundred dollar feeif the person is an indigent as defined in RCW 10.101.010. Exceptas otherwise provided in this section, the hearing is subject toand shall be scheduled and conducted in accordance with RCW46.20.329 and 46.20.332. The hearing shall be conducted in thecounty of the arrest, except that all or part of the hearing may,at the discretion of the department, be conducted by telephoneor other electronic means. The hearing shall be held within sixtydays following the arrest or following the date notice has beengiven in the event notice is given by the department followinga blood test, unless otherwise agreed to by the departmentand the person, in which case the action by the departmentshall be stayed, and any valid temporary license marked undersubsection (6)(c) of this section extended, if the person isotherwise eligible for licensing. For the purposes of this section,the scope of the hearing shall cover the issues of whether alaw enforcement officer had reasonable grounds to believethe person had been driving or was in actual physical controlof a motor vehicle within this state while under the influenceof intoxicating liquor or any drug or had been driving or wasin actual physical control of a motor vehicle within this statewhile having alcohol in his or her system in a concentrationof 0.02 or more, or THC in his or her system in a concentrationabove 0.00, if the person was under the age of twenty-one,whether the person was placed under arrest, and (a) whetherthe person refused to submit to the test or tests upon requestof the officer after having been informed that such refusalwould result in the revocation of the person’s license, permit,or privilege to drive, or (b) if a test or tests were administered,whether the applicable requirements of this section weresatisfied before the administration of the test or tests, whetherthe person submitted to the test or tests, or whether a test wasadministered without express consent as permitted under thissection, and whether the test or tests indicated that the alcoholconcentration of the person’s breath or blood was 0.08 ormore, or the THC concentration of the person’s blood was 5.00or more, if the person was age twenty-one or over at the timeof the arrest, or that the alcohol concentration of the person’sbreath or blood was 0.02 or more, or the THC concentration ofthe person’s blood was above 0.00, if the person was underthe age of twenty-one at the time of the arrest. The swornreport or report under a declaration authorized by RCW9A.72.085 submitted by a law enforcement officer is prima facieevidence that the officer had reasonable grounds to believethe person had been driving or was in actual physical controlof a motor vehicle within this state while under the influenceof intoxicating liquor or drugs, or both, or the person had beendriving or was in actual physical control of a motor vehiclewithin this state while having alcohol in his or her system in aconcentration of 0.02 or more, or THC in his or her system ina concentration above 0.00, and was under the age of twentyoneand that the officer complied with the requirements of thissection.A hearing officer shall conduct the hearing, may issuesubpoenas for the attendance of witnesses and the productionof documents, and shall administer oaths to witnesses. Thehearing officer shall not issue a subpoena for the attendanceof a witness at the request of the person unless the request isaccompanied by the fee required by RCW 5.56.010 for a witnessin district court. The sworn report or report under a declarationauthorized by RCW 9A.72.085 of the law enforcement officerand any other evidence accompanying the report shall beadmissible without further evidentiary foundation and thecertifications authorized by the criminal rules for courtsof limited jurisdiction shall be admissible without furtherevidentiary foundation. The person may be represented bycounsel, may question witnesses, may present evidence, andmay testify. The department shall order that the suspension,revocation, or denial either be rescinded or sustained.(9) If the suspension, revocation, or denial is sustained aftersuch a hearing, the person whose license, privilege, or permitis suspended, revoked, or denied has the right to file a petitionin the superior court of the county of arrest to review the finalorder of revocation by the department in the same manneras an appeal from a decision of a court of limited jurisdiction.Notice of appeal must be filed within thirty days after thedate the final order is served or the right to appeal is waived.Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes orrules referencing de novo review, the appeal shall be limitedto a review of the record of the administrative hearing. Theappellant must pay the costs associated with obtaining therecord of the hearing before the hearing officer. The filing ofthe appeal does not stay the effective date of the suspension,revocation, or denial. A petition filed under this subsection mustinclude the petitioner’s grounds for requesting review. Upongranting petitioner’s request for review, the court shall reviewthe department’s final order of suspension, revocation, ordenial as expeditiously as possible. The review must be limitedto a determination of whether the department has committedany errors of law. The superior court shall accept those factualdeterminations supported by substantial evidence in the record:(a) That were expressly made by the department; or (b) that mayreasonably be inferred from the final order of the department.The superior court may reverse, affirm, or modify the decisionof the department or remand the case back to the departmentfor further proceedings. The decision of the superior court mustbe in writing and filed in the clerk’s office with the other papersin the case. The court shall state the reasons for the decision.If judicial relief is sought for a stay or other temporary remedyfrom the department’s action, the court shall not grant suchrelief unless the court finds that the appellant is likely to prevailin the appeal and that without a stay the appellant will sufferirreparable injury. If the court stays the suspension, revocation,or denial it may impose conditions on such stay.(10)(a) If a person whose driver’s license, permit, or privilegeto drive has been or will be suspended, revoked, or denied
Initiative Measure 502135under subsection (7) of this section, other than as a result ofa breath or blood test refusal, and who has not committed anoffense for which he or she was granted a deferred prosecutionunder chapter 10.05 RCW, petitions a court for a deferredprosecution on criminal charges arising out of the arrest forwhich action has been or will be taken under subsection (7)of this section, or notifies the department of licensing of theintent to seek such a deferred prosecution, then the licensesuspension or revocation shall be stayed pending entry of thedeferred prosecution. The stay shall not be longer than onehundred fifty days after the date charges are filed, or two yearsafter the date of the arrest, whichever time period is shorter.If the court stays the suspension, revocation, or denial, it mayimpose conditions on such stay. If the person is otherwiseeligible for licensing, the department shall issue a temporarylicense, or extend any valid temporary license marked undersubsection (6) of this section, for the period of the stay. If adeferred prosecution treatment plan is not recommendedin the report made under RCW 10.05.050, or if treatment isrejected by the court, or if the person declines to accept anoffered treatment plan, or if the person violates any conditionimposed by the court, then the court shall immediately directthe department to cancel the stay and any temporary markedlicense or extension of a temporary license issued under thissubsection.(b) A suspension, revocation, or denial imposed underthis section, other than as a result of a breath or blood testrefusal, shall be stayed if the person is accepted for deferredprosecution as provided in chapter 10.05 RCW for the incidentupon which the suspension, revocation, or denial is based. Ifthe deferred prosecution is terminated, the stay shall be liftedand the suspension, revocation, or denial reinstated. If thedeferred prosecution is completed, the stay shall be lifted andthe suspension, revocation, or denial canceled.(c) The provisions of (b) of this subsection relating to a stayof a suspension, revocation, or denial and the cancellationof any suspension, revocation, or denial do not apply tothe suspension, revocation, denial, or disqualification of aperson’s commercial driver’s license or privilege to operate acommercial motor vehicle.(11) When it has been finally determined under theprocedures of this section that a nonresident’s privilege tooperate a motor vehicle in this state has been suspended,revoked, or denied, the department shall give information inwriting of the action taken to the motor vehicle administrator ofthe state of the person’s residence and of any state in which heor she has a license.Sec. 32. RCW 46.20.3101 and 2004 c 95 s 4 and 2004 c 68 s 3are each reenacted and amended to read as follows:Pursuant to RCW 46.20.308, the department shall suspend,revoke, or deny the arrested person’s license, permit, orprivilege to drive as follows:(1) In the case of a person who has refused a test or tests:(a) For a first refusal within seven years, where there has notbeen a previous incident within seven years that resulted inadministrative action under this section, revocation or denial forone year;(b) For a second or subsequent refusal within sevenyears, or for a first refusal where there has been one or moreprevious incidents within seven years that have resulted inadministrative action under this section, revocation or denialfor two years or until the person reaches age twenty-one,whichever is longer.(2) In the case of an incident where a person has submittedto or been administered a test or tests indicating that thealcohol concentration of the person’s breath or blood was 0.08or more, or that the THC concentration of the person’s bloodwas 5.00 or more:(a) For a first incident within seven years, where there hasnot been a previous incident within seven years that resulted inadministrative action under this section, suspension for ninetydays;(b) For a second or subsequent incident within seven years,revocation or denial for two years.(3) In the case of an incident where a person under agetwenty-one has submitted to or been administered a test ortests indicating that the alcohol concentration of the person’sbreath or blood was 0.02 or more, or that the THC concentrationof the person’s blood was above 0.00:(a) For a first incident within seven years, suspension ordenial for ninety days;(b) For a second or subsequent incident within seven years,revocation or denial for one year or until the person reachesage twenty-one, whichever is longer.(4) The department shall grant credit on a day-for-day basisfor any portion of a suspension, revocation, or denial alreadyserved under this section for a suspension, revocation, ordenial imposed under RCW 46.61.5055 arising out of the sameincident.Sec. 33. RCW 46.61.502 and 2011 c 293 s 2 are each amendedto read as follows:(1) A person is guilty of driving while under the influence ofintoxicating liquor, marijuana, or any drug if the person drives avehicle within this state:(a) And the person has, within two hours after driving, analcohol concentration of 0.08 or higher as shown by analysis ofthe person’s breath or blood made under RCW 46.61.506; or(b) The person has, within two hours after driving, a THCconcentration of 5.00 or higher as shown by analysis of theperson’s blood made under RCW 46.61.506; or(c) While the person is under the influence of or affected byintoxicating liquor, marijuana, or any drug; or(((c))) (d) While the person is under the combined influenceof or affected by intoxicating liquor, marijuana, and any drug.(2) The fact that a person charged with a violation of thissection is or has been entitled to use a drug under the lawsof this state shall not constitute a defense against a charge ofviolating this section.(3)(a) It is an affirmative defense to a violation of subsection(1)(a) of this section, which the defendant must prove by apreponderance of the evidence, that the defendant consumeda sufficient quantity of alcohol after the time of driving andbefore the administration of an analysis of the person’s breathor blood to cause the defendant’s alcohol concentration to be0.08 or more within two hours after driving. The court shall notadmit evidence of this defense unless the defendant notifies theprosecution prior to the omnibus or pretrial hearing in the caseof the defendant’s intent to assert the affirmative defense.(b) It is an affirmative defense to a violation of subsection(1)(b) of this section, which the defendant must prove by apreponderance of the evidence, that the defendant consumeda sufficient quantity of marijuana after the time of drivingand before the administration of an analysis of the person’sblood to cause the defendant’s THC concentration to be 5.00 ormore within two hours after driving. The court shall not admitevidence of this defense unless the defendant notifies theprosecution prior to the omnibus or pretrial hearing in the caseof the defendant’s intent to assert the affirmative defense.(4)(a) Analyses of blood or breath samples obtained morethan two hours after the alleged driving may be used asevidence that within two hours of the alleged driving, a personhad an alcohol concentration of 0.08 or more in violation ofsubsection (1)(a) of this section, and in any case in which theanalysis shows an alcohol concentration above 0.00 may be
136Initiative Measure 502used as evidence that a person was under the influence ofor affected by intoxicating liquor or any drug in violation ofsubsection (1)(((b) or)) (c) or (d) of this section.(b) Analyses of blood samples obtained more than twohours after the alleged driving may be used as evidence thatwithin two hours of the alleged driving, a person had a THCconcentration of 5.00 or more in violation of subsection (1)(b)of this section, and in any case in which the analysis shows aTHC concentration above 0.00 may be used as evidence that aperson was under the influence of or affected by marijuana inviolation of subsection (1)(c) or (d) of this section.(5) Except as provided in subsection (6) of this section, aviolation of this section is a gross misdemeanor.(6) It is a class C felony punishable under chapter 9.94A RCW,or chapter 13.40 RCW if the person is a juvenile, if:(a) The person has four or more prior offenses within tenyears as defined in RCW 46.61.5055; or(b) The person has ever previously been convicted of:(i) Vehicular homicide while under the influence ofintoxicating liquor or any drug, RCW 46.61.520(1)(a);(ii) Vehicular assault while under the influence of intoxicatingliquor or any drug, RCW 46.61.522(1)(b);(iii) An out-of-state offense comparable to the offensespecified in (b)(i) or (ii) of this subsection; or(iv) A violation of this subsection (6) or RCW 46.61.504(6).Sec. 34. RCW 46.61.503 and 1998 c 213 s 4, 1998 c 207 s 5,and 1998 c 41 s 8 are each reenacted and amended to read asfollows:(1) Notwithstanding any other provision of this title, a personis guilty of driving or being in physical control of a motorvehicle after consuming alcohol or marijuana if the personoperates or is in physical control of a motor vehicle within thisstate and the person:(a) Is under the age of twenty-one; and(b) Has, within two hours after operating or being in physicalcontrol of the motor vehicle, either:(i) An alcohol concentration of at least 0.02 but less than theconcentration specified in RCW 46.61.502, as shown by analysisof the person’s breath or blood made under RCW 46.61.506; or(ii) A THC concentration above 0.00 but less than theconcentration specified in RCW 46.61.502, as shown by analysisof the person’s blood made under RCW 46.61.506.(2) It is an affirmative defense to a violation of subsection(1) of this section, which the defendant must prove by apreponderance of the evidence, that the defendant consumeda sufficient quantity of alcohol or marijuana after the timeof driving or being in physical control and before theadministration of an analysis of the person’s breath or bloodto cause the defendant’s alcohol or THC concentration to bein violation of subsection (1) of this section within two hoursafter driving or being in physical control. The court shall notadmit evidence of this defense unless the defendant notifiesthe prosecution prior to the earlier of: (a) Seven days prior totrial; or (b) the omnibus or pretrial hearing in the case of thedefendant’s intent to assert the affirmative defense.(3) Analyses of blood or breath samples obtained more thantwo hours after the alleged driving or being in physical controlmay be used as evidence that within two hours of the allegeddriving or being in physical control, a person had an alcohol orTHC concentration in violation of subsection (1) of this section.(4) A violation of this section is a misdemeanor.Sec. 35. RCW 46.61.504 and 2011 c 293 s 3 are each amendedto read as follows:(1) A person is guilty of being in actual physical control of amotor vehicle while under the influence of intoxicating liquor orany drug if the person has actual physical control of a vehiclewithin this state:(a) And the person has, within two hours after being in actualphysical control of the vehicle, an alcohol concentration of 0.08or higher as shown by analysis of the person’s breath or bloodmade under RCW 46.61.506; or(b) The person has, within two hours after being in actualphysical control of a vehicle, a THC concentration of 5.00 orhigher as shown by analysis of the person’s blood made underRCW 46.61.506; or(c) While the person is under the influence of or affected byintoxicating liquor or any drug; or(((c))) (d) While the person is under the combined influenceof or affected by intoxicating liquor and any drug.(2) The fact that a person charged with a violation of thissection is or has been entitled to use a drug under the laws ofthis state does not constitute a defense against any charge ofviolating this section. No person may be convicted under thissection if, prior to being pursued by a law enforcement officer,the person has moved the vehicle safely off the roadway.(3)(a) It is an affirmative defense to a violation of subsection(1)(a) of this section which the defendant must prove by apreponderance of the evidence that the defendant consumeda sufficient quantity of alcohol after the time of being in actualphysical control of the vehicle and before the administrationof an analysis of the person’s breath or blood to cause thedefendant’s alcohol concentration to be 0.08 or more withintwo hours after being in such control. The court shall not admitevidence of this defense unless the defendant notifies theprosecution prior to the omnibus or pretrial hearing in the caseof the defendant’s intent to assert the affirmative defense.(b) It is an affirmative defense to a violation of subsection(1)(b) of this section, which the defendant must prove by apreponderance of the evidence, that the defendant consumed asufficient quantity of marijuana after the time of being in actualphysical control of the vehicle and before the administration ofan analysis of the person’s blood to cause the defendant’s THCconcentration to be 5.00 or more within two hours after beingin control of the vehicle. The court shall not admit evidence ofthis defense unless the defendant notifies the prosecution priorto the omnibus or pretrial hearing in the case of the defendant’sintent to assert the affirmative defense.(4)(a) Analyses of blood or breath samples obtained morethan two hours after the alleged being in actual physical controlof a vehicle may be used as evidence that within two hoursof the alleged being in such control, a person had an alcoholconcentration of 0.08 or more in violation of subsection (1)(a)of this section, and in any case in which the analysis shows analcohol concentration above 0.00 may be used as evidence thata person was under the influence of or affected by intoxicatingliquor or any drug in violation of subsection (1)(((b) or)) (c) or (d)of this section.(b) Analyses of blood samples obtained more than twohours after the alleged being in actual physical control of avehicle may be used as evidence that within two hours of thealleged being in control of the vehicle, a person had a THCconcentration of 5.00 or more in violation of subsection (1)(b)of this section, and in any case in which the analysis shows aTHC concentration above 0.00 may be used as evidence that aperson was under the influence of or affected by marijuana inviolation of subsection (1)(c) or (d) of this section.(5) Except as provided in subsection (6) of this section, aviolation of this section is a gross misdemeanor.(6) It is a class C felony punishable under chapter 9.94A RCW,or chapter 13.40 RCW if the person is a juvenile, if:
Initiative Measure 502137(a) The person has four or more prior offenses within tenyears as defined in RCW 46.61.5055; or(b) The person has ever previously been convicted of:(i) Vehicular homicide while under the influence ofintoxicating liquor or any drug, RCW 46.61.520(1)(a);(ii) Vehicular assault while under the influence of intoxicatingliquor or any drug, RCW 46.61.522(1)(b);(iii) An out-of-state offense comparable to the offensespecified in (b)(i) or (ii) of this subsection; or(iv) A violation of this subsection (6) or RCW 46.61.502(6).Sec. 36. RCW 46.61.50571 and 2000 c 52 s 1 are eachamended to read as follows:(1) A defendant who is charged with an offense involvingdriving while under the influence as defined in RCW 46.61.502,driving under age twenty-one after consuming alcohol ormarijuana as defined in RCW 46.61.503, or being in physicalcontrol of a vehicle while under the influence as defined in RCW46.61.504, shall be required to appear in person before a judicialofficer within one judicial day after the arrest if the defendantis served with a citation or complaint at the time of the arrest.A court may by local court rule waive the requirement forappearance within one judicial day if it provides for theappearance at the earliest practicable day following arrest andestablishes the method for identifying that day in the rule.(2) A defendant who is charged with an offense involvingdriving while under the influence as defined in RCW 46.61.502,driving under age twenty-one after consuming alcohol ormarijuana as defined in RCW 46.61.503, or being in physicalcontrol of a vehicle while under the influence as definedin RCW 46.61.504, and who is not served with a citation orcomplaint at the time of the incident, shall appear in court forarraignment in person as soon as practicable, but in no eventlater than fourteen days after the next day on which court is insession following the issuance of the citation or the filing of thecomplaint or information.(3) At the time of an appearance required by this section,the court shall determine the necessity of imposing conditionsof pretrial release according to the procedures established bycourt rule for a preliminary appearance or an arraignment.(4) Appearances required by this section are mandatory andmay not be waived.Sec. 37. RCW 46.61.506 and 2010 c 53 s 1 are each amendedto read as follows:(1) Upon the trial of any civil or criminal action or proceedingarising out of acts alleged to have been committed by anyperson while driving or in actual physical control of a vehiclewhile under the influence of intoxicating liquor or any drug,if the person’s alcohol concentration is less than 0.08 or theperson’s THC concentration is less than 5.00, it is evidencethat may be considered with other competent evidence indetermining whether the person was under the influence ofintoxicating liquor or any drug.(2)(a) The breath analysis of the person’s alcoholconcentration shall be based upon grams of alcohol per twohundred ten liters of breath.(b) The blood analysis of the person’s THC concentration shallbe based upon nanograms per milliliter of whole blood.(c) The foregoing provisions of this section shall not beconstrued as limiting the introduction of any other competentevidence bearing upon the question whether the person wasunder the influence of intoxicating liquor or any drug.(3) Analysis of the person’s blood or breath to be consideredvalid under the provisions of this section or RCW 46.61.502 or46.61.504 shall have been performed according to methodsapproved by the state toxicologist and by an individualpossessing a valid permit issued by the state toxicologistfor this purpose. The state toxicologist is directed to approvesatisfactory techniques or methods, to supervise theexamination of individuals to ascertain their qualifications andcompetence to conduct such analyses, and to issue permitswhich shall be subject to termination or revocation at thediscretion of the state toxicologist.(4)(a) A breath test performed by any instrument approvedby the state toxicologist shall be admissible at trial or in anadministrative proceeding if the prosecution or departmentproduces prima facie evidence of the following:(i) The person who performed the test was authorized toperform such test by the state toxicologist;(ii) The person being tested did not vomit or have anythingto eat, drink, or smoke for at least fifteen minutes prior toadministration of the test;(iii) The person being tested did not have any foreignsubstances, not to include dental work, fixed or removable,in his or her mouth at the beginning of the fifteen-minuteobservation period;(iv) Prior to the start of the test, the temperature of any liquidsimulator solution utilized as an external standard, as measuredby a thermometer approved of by the state toxicologist wasthirty-four degrees centigrade plus or minus 0.3 degreescentigrade;(v) The internal standard test resulted in the message“verified”;(vi) The two breath samples agree to within plus or minusten percent of their mean to be determined by the methodapproved by the state toxicologist;(vii) The result of the test of the liquid simulator solutionexternal standard or dry gas external standard result did liebetween .072 to .088 inclusive; and(viii) All blank tests gave results of .000.(b) For purposes of this section, “prima facie evidence”is evidence of sufficient circumstances that would supporta logical and reasonable inference of the facts sought to beproved. In assessing whether there is sufficient evidence ofthe foundational facts, the court or administrative tribunal is toassume the truth of the prosecution’s or department’s evidenceand all reasonable inferences from it in a light most favorable tothe prosecution or department.(c) Nothing in this section shall be deemed to prevent thesubject of the test from challenging the reliability or accuracyof the test, the reliability or functioning of the instrument, orany maintenance procedures. Such challenges, however, shallnot preclude the admissibility of the test once the prosecutionor department has made a prima facie showing of therequirements contained in (a) of this subsection. Instead, suchchallenges may be considered by the trier of fact in determiningwhat weight to give to the test result.(5) When a blood test is administered under the provisionsof RCW 46.20.308, the withdrawal of blood for the purpose ofdetermining its alcoholic or drug content may be performedonly by a physician, a registered nurse, a licensed practicalnurse, a nursing assistant as defined in chapter 18.88A RCW,a physician assistant as defined in chapter 18.71A RCW, a firstresponder as defined in chapter 18.73 RCW, an emergencymedical technician as defined in chapter 18.73 RCW, a healthcare assistant as defined in chapter 18.135 RCW, or anytechnician trained in withdrawing blood. This limitation shall notapply to the taking of breath specimens.(6) The person tested may have a physician, or a qualifiedtechnician, chemist, registered nurse, or other qualifiedperson of his or her own choosing administer one or moretests in addition to any administered at the direction of a lawenforcement officer. The test will be admissible if the personestablishes the general acceptability of the testing technique or
138Initiative Measure 502 | Engrossed Senate Joint Resolution 8221method. The failure or inability to obtain an additional test bya person shall not preclude the admission of evidence relatingto the test or tests taken at the direction of a law enforcementofficer.(7) Upon the request of the person who shall submit to atest or tests at the request of a law enforcement officer, fullinformation concerning the test or tests shall be made availableto him or her or his or her attorney.PART VICONSTRUCTIONNEW SECTION. Sec. 38. Sections 4 through 18 of this actare each added to chapter 69.50 RCW under the subchapterheading “article III -- regulation of manufacture, distribution,and dispensing of controlled substances.”NEW SECTION. Sec. 39. Section 21 of this act is added tochapter 69.50 RCW under the subchapter heading “article IV --offenses and penalties.”NEW SECTION. Sec. 40. Sections 26 through 30 of this actare each added to chapter 69.50 RCW under the subchapterheading “article V -- enforcement and administrativeprovisions.”NEW SECTION. Sec. 41.The code reviser shall prepare abill for introduction at the next legislative session that correctsreferences to the sections affected by this act.--- END ---Complete TextEngrossed Senate Joint Resolution 8221BE IT RESOLVED, BY THE SENATE AND HOUSE OFREPRESENTATIVES OF THE STATE OF WASHINGTON, INLEGISLATIVE SESSION ASSEMBLED:THAT, At the next general election to be held in this statethe secretary of state shall submit to the qualified voters ofthe state for their approval and ratification, or rejection, anamendment to Article VIII, section 1 of the Constitution of thestate of Washington to read as follows:“Article VIII, section 1. (a) The state may contract debt, theprincipal of which shall be paid and discharged within thirtyyears from the time of contracting thereof, in the manner setforth herein.(b) The aggregate debt contracted by the state, as calculatedby the treasurer at the time debt is contracted, shall not exceedthat amount for which payments of principal and interest in anyfiscal year would require the state to expend more than ((ninepercent)) the applicable percentage limit of the arithmetic meanof its general state revenues for the ((three)) six immediatelypreceding fiscal years as certified by the treasurer. The term“applicable percentage limit” means eight and one-half percentfrom July 1, 2014, through June 30, 2016; eight and one-quarterpercent from July 1, 2016, through June 30, 2034; eight percentfrom July 1, 2034, and thereafter. The term “fiscal year” meansthat period of time commencing July 1 of any year and endingon June 30 of the following year.(c) The term “general state revenues,” when used in thissection, shall include all state money received in the treasuryfrom each and every source ((whatsoever except)), includingmoneys received from ad valorem taxes levied by the stateand deposited in the general fund in each fiscal year, butnot including: (1) Fees and other revenues derived fromthe ownership or operation of any undertaking, facility, orproject; (2) Moneys received as gifts, grants, donations, aid,or assistance or otherwise from the United States or anydepartment, bureau, or corporation thereof, or any person, firm,or corporation, public or private, when the terms and conditionsof such gift, grant, donation, aid, or assistance require theapplication and disbursement of such moneys otherwise thanfor the general purposes of the state of Washington; (3) Moneysto be paid into and received from retirement system funds,and performance bonds and deposits; (4) Moneys to be paidinto and received from trust funds ((including but not limited tomoneys received from taxes levied for specific purposes)) andthe several permanent and irreducible funds of the state andthe moneys derived therefrom but excluding bond redemptionfunds; (5) Moneys received from taxes levied for specificpurposes and required to be deposited for those purposes intospecified funds or accounts other than the general fund; and (6)Proceeds received from the sale of bonds or other evidences ofindebtedness.(d) In computing the amount required for payment ofprincipal and interest on outstanding debt under this section,debt shall be construed to mean borrowed money representedby bonds, notes, or other evidences of indebtedness whichare secured by the full faith and credit of the state or arerequired to be repaid, directly or indirectly, from general staterevenues and which are incurred by the state, any department,authority, public corporation, or quasi public corporation ofthe state, any state university or college, or any other publicagency created by the state but not by counties, cities, towns,school districts, or other municipal corporations, but shall notinclude obligations for the payment of current expenses ofstate government, nor shall it include debt hereafter incurredpursuant to section 3 of this article, obligations guaranteed asprovided for in subsection (g) of this section, principal of bondanticipation notes or obligations issued to fund or refund theindebtedness of the Washington state building authority. Inaddition, for the purpose of computing the amount required forpayment of interest on outstanding debt under subsection (b)of this section and this subsection, “interest” shall be reducedby subtracting the amount scheduled to be received by thestate as payments from the federal government in each yearin respect of bonds, notes, or other evidences of indebtednesssubject to this section.(e) The state may pledge the full faith, credit, and taxingpower of the state to guarantee the voter approved generalobligation debt of school districts in the manner authorized bythe legislature. Any such guarantee does not remove the debtobligation of the school district and is not state debt.(f) The state may, without limitation, fund or refund, at orprior to maturity, the whole or any part of any existing debt orof any debt hereafter contracted pursuant to section 1, section2, or section 3 of this article, including any premium payablewith respect thereto and interest thereon, or fund or refund, ator prior to maturity, the whole or any part of any indebtednessincurred or authorized prior to the effective date of thisamendment by any entity of the type described in subsection(h) of this section, including any premium payable with respectthereto and any interest thereon. Such funding or refundingshall not be deemed to be contracting debt by the state.(g) Notwithstanding the limitation contained in subsection(b) of this section, the state may pledge its full faith, credit,and taxing power to guarantee the payment of any obligationpayable from revenues received from any of the followingsources: (1) Fees collected by the state as license fees for motorvehicles; (2) Excise taxes collected by the state on the sale,distribution or use of motor vehicle fuel; and (3) Interest on thepermanent common school fund: Provided, That the legislatureshall, at all times, provide sufficient revenues from such sourcesto pay the principal and interest due on all obligations for whichsaid source of revenue is pledged.(h) No money shall be paid from funds in custody of thetreasurer with respect to any debt contracted after the effectivedate of this amendment by the Washington state buildingauthority, the capitol committee, or any similar entity existingor operating for similar purposes pursuant to which such entity
Engrossed Senate Joint Resolution 8221 | Senate Joint Resolution 8223139undertakes to finance or provide a facility for use or occupancyby the state or any agency, department, or instrumentalitythereof.(i) The legislature shall prescribe all matters relating tothe contracting, funding or refunding of debt pursuant tothis section, including: The purposes for which debt may becontracted; by a favorable vote of three-fifths of the memberselected to each house, the amount of debt which may becontracted for any class of such purposes; the kinds of notes,bonds, or other evidences of debt which may be issued by thestate; and the manner by which the treasurer shall determineand advise the legislature, any appropriate agency, officer, orinstrumentality of the state as to the available debt capacitywithin the limitation set forth in this section. The legislature maydelegate to any state officer, agency, or instrumentality any ofits powers relating to the contracting, funding or refunding ofdebt pursuant to this section except its power to determine theamount and purposes for which debt may be contracted.(j) The full faith, credit, and taxing power of the state ofWashington are pledged to the payment of the debt created onbehalf of the state pursuant to this section and the legislatureshall provide by appropriation for the payment of the interestupon and installments of principal of all such debt as the samefalls due, but in any event, any court of record may compel suchpayment.(k) Notwithstanding the limitations contained in subsection(b) of this section, the state may issue certificates ofindebtedness in such sum or sums as may be necessary tomeet temporary deficiencies of the treasury, to preserve thebest interests of the state in the conduct of the various stateinstitutions, departments, bureaus, and agencies during eachfiscal year; such certificates may be issued only to providefor appropriations already made by the legislature and suchcertificates must be retired and the debt discharged other thanby refunding within twelve months after the date of incurrence.(l) Bonds, notes, or other obligations issued and sold bythe state of Washington pursuant to and in conformity withthis article shall not be invalid for any irregularity or defect inthe proceedings of the issuance or sale thereof and shall beincontestable in the hands of a bona fide purchaser or holderthereof.BE IT FURTHER RESOLVED, That the amendments to Article VIII,Section 1, if approved and ratified by the qualified voters of thestate, shall be effective on and after July 1, 2014.BE IT FURTHER RESOLVED, That the statement of subject andconcise description for the ballot title of this constitutionalamendment shall read “The legislature has proposed aconstitutional amendment on implementing the Commissionon State Debt recommendations regarding Washington’s debtlimit. This amendment would, starting July 1, 2014, phase-downthe debt limit percentage in three steps from nine to eightpercent and modify the calculation date, calculation period,and the term general state revenues. Should this constitutionalamendment be:Approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “BE IT FURTHER RESOLVED, That the secretary of state shallcause notice of this constitutional amendment to be publishedat least four times during the four weeks next preceding theelection in every legal newspaper in the state.--- END ---Complete TextSenate Joint Resolution 8223BE IT RESOLVED, BY THE SENATE AND HOUSE OFREPRESENTATIVES OF THE STATE OF WASHINGTON, INLEGISLATIVE SESSION ASSEMBLED:THAT, At the next general election to be held in this state thesecretary of state shall submit to the qualified voters of the statefor their approval and ratification, or rejection, an amendmentto Article XXIX, section 1 of the Constitution of the state ofWashington to read as follows:Article XXIX, section 1. Notwithstanding the provisions ofsections 5, and 7 of Article VIII and section 9 of Article XII orany other section or article of the Constitution of the state ofWashington((,)):(1) The moneys of any public pension or retirement fund,industrial insurance trust fund, or fund held in trust for thebenefit of persons with developmental disabilities may beinvested as authorized by law; and(2) The public moneys of the University of Washington andWashington State University in investment funds specified bythe legislature may be invested as authorized by law.BE IT FURTHER RESOLVED, That the secretary of state shallcause notice of this constitutional amendment to be publishedat least four times during the four weeks next preceding theelection in every legal newspaper in the state.--- END ---Political PartyContact InformationWashington State DemocratsPO Box 4027Seattle, WA 98194(206) 583-0664info@wa-democrats.orgwww.wa-democrats.orgWashington State Republican Party11811 NE 1st St, Ste A306Bellevue, WA 98005(425) 460-0570wagop@wsrp.orgwww.wsrp.org
140I am a...Military or overseas voterYou can register to vote anytime on orbefore Election Day, regardless of thedeadline.You may receive your ballot by mail, email,or fax. Spouses and dependants of militarypersonnel who are overseas have the samevoting rights.College studentYou can choose to register to vote usingeither home or school as your residentialaddress, but you may not register to votein more than one place. Your ballot canbe mailed to you anywhere in the world,however your residential address mustremain in Washington.Convicted felonIf you were convicted of a felony, yourright to vote is restored as long as you arenot in prison or on community custodywith the Washington State Department ofCorrections.Once your right is restored, you mustre-register to vote in order to receivea ballot.New Washington residentWelcome to Washington! You can registerto vote online, by mail, in person, or whenyou get your new state driver license or IDat the Department of Licensing.You may not register to vote in morethan one place, so cancel any previousvoter registration before registering inWashington.Seasonal residentYou can vote in Washington State even ifyou are away from home during an election.To ensure you receive your ballot, updateyour mailing address.Your ballot can be mailed to you anywherein the world, however your residentialaddress must remain in Washington. Youmay not register to vote in more thanone place.Washington welcomes all voters!
141Follow “Washington State Elections” onlinewww.vote.wa.govonlinewww.vote.wa.govelection resultsmobile appagency blog
142Learn more about candidates & measuresThe Voters’ <strong>Pamphlet</strong> is a good source of informationabout candidates and measures, but it’s not the onlysource.Campaign contributorsState and local candidates and measuresPublic Disclosure Commission www.pdc.wa.govFederal candidatesFederal Election Commission www.fec.govVoting recordsWashington State Legislature www.leg.wa.govU.S. House of Representatives www.house.govU.S. Senate www.senate.govCandidates and measuresVisit campaign websites or call them directly to learntheir positions on issues that matter to you.Other important sourcesNewspapersBusiness associationsLabor unionsCivic organizationsReligious organizationsPolitical organizationsEnvironmental organizationsJudicial organizationsDemocracy cannot succeed unless those who express theirchoice are prepared to choose wisely. The real safeguard ofdemocracy, therefore, is education.“Franklin D. Roosevelt”
County Elections Contact Information143Adams CountyFranklin CountyLewis CountySnohomish County210 W Broadway Ave, Ste 200Ritzville, WA 99169-1897Phone: (509) 659-3249TDD/TTY: (509) 659-1122PO Box 1451Pasco, WA 99301Phone: (509) 545-3538TDD/TTY: (800) 833-6388PO Box 29Chehalis, WA 98532-0029Phone: (360) 740-1278TDD/TTY: (360) 740-14803000 Rockefeller Ave, MS 505Everett, WA 98201Phone: (425) 388-3444TDD/TTY: (425) 388-3700Asotin CountyPO Box 129Asotin, WA 99402-0129Phone: (509) 243-2084TDD/TTY: (800) 855-1155Garfield CountyPO Box 278Pomeroy, WA 99347Phone: (509) 843-1411TDD/TTY: (800) 833-6388Lincoln CountyPO Box 28Davenport, WA 99122Phone: (509) 725-4971TDD/TTY: (800) 833-6388Spokane County1033 W Gardner AveSpokane, WA 99260Phone: (509) 477-2320TDD/TTY: (509) 477-2333Benton CountyPO Box 470Prosser, WA 99350-0470Phone: (509) 736-3085TDD/TTY: (800) 833-6388Chelan CountyPO Box 4760Wenatchee, WA 98807-4760Phone: (509) 667-6808TDD/TTY: (800) 833-6388Clallam County223 E 4th St, Ste 1Port Angeles, WA 98362Phone: (360) 417-2221Toll-free: (866) 433-8683TDD/TTY: (800) 833-6388Clark CountyPO Box 8815Vancouver, WA 98666-8815Phone: (360) 397-2345TDD/TTY: (800) 833-6384Columbia County341 E Main St, Ste 3Dayton, WA 99328-1361Phone: (509) 382-4541TDD/TTY: (800) 833-6388Cowlitz County207 4th Ave N, Rm 107Kelso, WA 98626-4124Phone: (360) 577-3005TDD/TTY: (360) 577-3061Douglas CountyPO Box 456Waterville, WA 98858Phone: (509) 745-8527 ext 6407TDD/TTY: (509) 745-8527 ext 207Ferry County350 E Delaware Ave, #2Republic, WA 99166Phone: (509) 775-5225 ext 1139TDD/TTY: (800) 833-6388Grant CountyPO Box 37Ephrata, WA 98823Phone: (509) 754-2011 ext 343TDD/TTY: (800) 833-6388Grays Harbor County100 W Broadway, Ste 2Montesano, WA 98563Phone: (360) 249-4232TDD/TTY: (360) 249-6575Island CountyPO Box 1410Coupeville, WA 98239Phone: (360) 679-7366TDD/TTY: (360) 679-7305Jefferson CountyPO Box 563Port Townsend, WA 98368Phone: (360) 385-9119TDD/TTY: (800) 833-6388King County919 SW Grady WayRenton, WA 98057-2906Phone: (206) 296-8683TDD/TTY: 711Kitsap County614 Division StPort Orchard, WA 98366Phone: (360) 337-7128Kittitas County205 W 5th Ave, Ste 105Ellensburg, WA 98926Phone: (509) 962-7503TDD/TTY: (800) 833-6388Klickitat County205 S Columbus Ave, Stop 2Goldendale, WA 98620Phone: (509) 773-4001TDD/TTY: (800) 833-6388Mason CountyPO Box 400Shelton, WA 98584Phone: (360) 427-9670 ext 470TDD/TTY: (800) 833-6388Okanogan CountyPO Box 1010Okanogan, WA 98840Phone: (509) 422-7240TDD/TTY: (800) 833-6388Pacific CountyPO Box 97South Bend, WA 98586-0097Phone: (360) 875-9317TDD/TTY: (360) 875-9400Pend Oreille CountyPO Box 5015Newport, WA 99156Phone: (509) 447-6472TDD/TTY: (509) 447-3186Pierce County2501 S 35th St, Ste CTacoma, WA 98409Phone: (253) 798-8683TDD/TTY: 711San Juan CountyPO Box 638Friday Harbor, WA 98250Phone: (360) 378-3357TDD/TTY: (360) 378-4151Skagit CountyPO Box 1306Mount Vernon, WA 98273Phone: (360) 336-9305TDD/TTY: (800) 833-6388Skamania CountyElections Dept, PO Box 790Stevenson, WA 98648Phone: (509) 427-3730TDD/TTY: (800) 833-6388Stevens County215 S Oak St, Rm 106Colville, WA 99114Phone: (509) 684-7514Toll-free: (866) 307-9060TDD/TTY: (800) 833-6384Thurston County2000 Lakeridge Dr SWOlympia, WA 98502-6090Phone: (360) 786-5408TDD/TTY: (360) 754-2933Wahkiakum CountyPO Box 543Cathlamet, WA 98612Phone: (360) 795-3219TDD/TTY: (800) 833-6388Walla Walla CountyPO Box 2176Walla Walla, WA 99362Phone: (509) 524-2530TDD/TTY: (800) 833-6388Whatcom County311 Grand Ave, Ste 103Bellingham, WA 98225Phone: (360) 676-6742TDD/TTY: (360) 738-4555Whitman CountyPO Box 191Colfax, WA 99111Phone: (509) 397-5284TDD/TTY: (800) 833-6388Yakima County128 N 2nd St, Rm 117Yakima, WA 98901Phone: (509) 574-1340TDD/TTY: (800) 833-6388Links to websites for all county elections departments can be found at www.vote.wa.gov.
Secretary of StateState of WashingtonPO Box 40220Olympia WA 98504-0220Edition # 14NONPROFIT ORG.U.S. POSTAGEPAIDSEATTLE, WAPERMIT NO. 1216ECRWSSResidential CustomerClark CountyCounty nameState of WashingtonState & Clark of County Washington<strong>Voters'</strong> <strong>Pamphlet</strong>November 6, 2012 General ElectionTo access this information in alternate formatsand languages visit www.vote.wa.gov