HomeMy WebLinkAbout2011 November 08, 2011 General Election Voters' Phamphletwarp o� Secretary of State, State of Washington
PO Box 40220
o Olympia WA 98504-0220
or
NONPROFIT ORG.
U.S. POSTAGE
PAID
SEATTLE, WA
PERMIT NO. 1216
ECRWSS '
Residential Customer
Whatcom County
<. 0 i o
� Q CDD
n
r+ CD n� n OCC
CD N a O C
3 N
0 � 0�
M o ��
p 3 @cc�
0 G
0 o
3
C 0�
CQ �
N
State of Washington
& Whatcom County
Voters' Pamphlet
November 8, 2011 General Election
..ilft.
n*
1�
A Message from Secretary of State Sam Reed
Former U.S.,House SpeakerTip O'Neill once said, "All politics is local.' This
year, nearly all election races in Washington State are local.
There are no federal or statewide offices on the ballot, and only two special
legislative elections (4th District in Spokane County and 49th District in Clark
County) are taking place to fill unexpired terms.
This year's ballot will be dominated by races for mayor, city council, county
council or commission, school board and fire district board, among others.
While these local contests might not receive the attention of high -profile
federal or statewide races, they are very important because they have a
direct impact on citizens' homes, roads, schools and communities. I applaud
those who stepped forward to be candidates this year.
Your ballot also features some statewide and local ballot measures.This
Voters' Pamphlet will give you comprehensive information regarding the
statewide measures. Our initiative process continues to be a popular and
-cherished part of our state's democracy. It is an effective and powerful way
for citizens to help effect change in our laws.
Voting is a simple yet effective way to shape our government. If you have
not registered to vote yet, do it soon so you can take part! Then I encourage
you to carefully read your Voters' Pamphlet and use our online resources to
learn more about these candidates and ballot measures. Finally, don't forget
to vote! Make your voice heard. Make a difference by voting.
Sincerely,
5'R�.a
SAM REED
Secretary of State
Informational icons in this pamphlet
0 General information
0 Urgent information
Please note a change
Secretary of State Voter Information Hotline (800) 448-4881
Visit our Online Voters' Guide at www.vote.wa.gov.
November 8, 2011 General Election
Table of Contents
Voting in Washington State . . . .
. . 4
Language Assistance and
Accessible Formats . . . . . . .
. . 5
Additional Sources of Information . .
. . 6
The Ballot Measure Process . . .
.7
Initiative Measure 1125 . . . . .
. . 8
Explanatory Statement . . . . . . .
. 8
Fiscal Impact Statement . . . . . . .
. 9
Arguments For and Against. . . . . .
. 13
Initiative Measure 1163 . . . . .
. 14
Explanatory Statement . . . . . . .
. 14
Fiscal Impact Statement . . . . . . .
. 15
Arguments For and Against. . . . . .
. 18
Initiative Measure 1183 . . . . .
. 19
Explanatory Statement . . . . . . .
. 19
Fiscal Impact Statement . . . . . . .
. 20
Arguments For and Against. . . . . .
. 25
Senate Joint Resolution 8205 . . .
. 26
Explanatory Statement . . . . . . .
. 26
Arguments For and Against. . . . . .
. 28
Senate Joint Resolution 8206 . . .
. 29
Explanatory Statement . . . . . . .
. 29
Arguments For and Against. . . . . .
. 31
i Civics Pop Quiz . . . . . . . .
. 32
Kids' Online Mock Election . . . .
. 33
Whatcom County Voters' Pamphlet
'34
Candidate Statements . . . . . . .
. 41
Ballot Measures . . . . . . . . .
. 79
CompleteText of County Measures . . .
. 86
CompleteText of Statewide Measures
90
County Elections Contact Information
119
l
Presidential Primary !
There will be no Presidential Primary
in 2012.You can participate in the
presidential nominating process by
attending a caucus in early 2012.
Contact your political party for more
information about how to participate
in a caucus.
Washington State Democrats
PO Box 4027
Seattle, WA 98194
(206) 583-0664
info@wa-democrats.org
www.wa-democrats.org
Washington State Republican Party
11811 NE 1st St, Suite A306
Bellevue, WA 98005
(425).460-0570
wagop@wsrp.org
www.wsrp.org
Washington's Top 2 Primary
The date of the statewideTop 2 Primary
has moved to the first Tuesday in
August. In 2012 that will be August 7.
The office of President does not appear
in the Top 2 Primary.
Voting in
Voter qualifications
Washington state
To register to vote, you must be:
A citizen of the United States;
m A legal resident of Washington State; and
At least 18 years old by Election Day.
Voter registration
You may register to vote at www.vote.wa.gov.
In Washington State, you do not declare political
party affiliation when you register to vote.There
are registration deadlines prior to each election.
You do not need to register before each election.
You must update your registration if you move
or change your name.The phone number and
address of your county elections department is
located in the back of this pamphlet.
Restoring the right to vote after felony conviction
If you were convicted in Washington State Superior
Court, your right to vote is restored as long as
you are not ;either in prison or on community
custody for that felony with the Washington State
Department of Corrections.
If you were convicted in another state or in federal
court, your right to vote is restored as long as you
are not incarcerated for that felony.
Services and additional assistance
Contact your county elections department for
questions about your voter registration, or
assistance with filling out and returning your
ballot.The phone number and address of your
county elections department is located in the
back of this pamphlet, Contact the Off ice of
the Secretary of State for voters' pamphlets in
alternate formats or Ianguages.The state Voter
Information Hotline is (800) 448-4881.
Replacement ballots
If you didn't receive your ballot, call your county
elections department and request a replacement
ballot.The phone number and address of your
county'elections department is located in the back
of this pamphlet.
Visit a voting center
Washington voters receive their baIIots,in the
mail. Voting centers are open to serve you during
regular business hours beginning 18 days before
Election Day and until 8 pm on Election Day.
Voter registration materials, ballots, provisional
ballots, sample ballots, instructions for how to
vote, and a ballot drop box are available.
Voting centers must be accessible for voters with
disabilities and offer disability access voting.
To locate a voting center near you, contact your
county elections department.The phone number
and address of your county elections department
is located in the back of this pamphlet.
Campaign finance information
Contact the Public Disclosure Commission
711 Capitol Way, Rm 206
PO Box 40908, Olympia, WA 98504-0908
(360) 753=1111 or toll free (877) 601-2828
pdc@pdc.wa.gov
www.pdc.wa.gov
View election results
On Election Day after 9 pm you can view election
results at www.vote.wa.gov,
Go online
Am I registered to vote?
for fast, easy service
M)Afote
register to vote I my voting Information
Can I register to vote online?
Do I have to register to vote again if I move
or change my name?
Where can I find information about candidates
and measures that will be on my ballot?
Where can I return my ballot?
How do I contact my elected officials?
Visit MyVote at www.vote.wa.gov
Language Assistance Available
The Voting Rights Act
The federal Voting Rights Act requires four
counties in Washington State to provide
translated elections materials.
The requirements are based on population
figures determined by the Census. Currently,
Adams, Franklin andYakima counties provide
elections materials in Spanish. King County
provides information in Chinese.
Based on the 2010 Census, we expect more
counties will be required to offer translated
elections materials and additional languages
by 2012.
For more information visit our website at
www.vote.wa.gov.
Accessible format
voters' pamphlets available
Visit www.vote.wa.gov for
■ Audio
• Plain text
• Electronic, Braille
Available by subscription
•Audio CD
• Large -print
• Braille
To subscribe, call the voter hotline at (800) 448-4881 or
email voterspamphlet@sos.wa.gov and _provide your preferred format,
name, telephone number, and mailing address.
LV
Start by getting informed.
Finish with your ballot.
The Voters' Pamphlet is a good source of
information about, issues and candidates, but it's
not the only source.
Campaign contributors
State and local candidates and ballot measures
Public Disclosure Commission www.pdc.w.a.gov
Federal candidates
Federal Election Commission www.fac.gov, ,
Voting records
• VYashington State Legislature www.le'g.wa.gov
• U.S. House of Representatives www.house.gov
• U.S. Senate www.senate.gov
Candidates and ballot measure committees
Visit ,their websites or call them directly to learn
their positions on issues Ithat matter to you.
Other important references
• Newspapers
• Business associations
• Labor unions
• Civic clubs
■ Religious organizations
■ Political organizations
• Environmental organizations_
■ Judicial organizations
Democracy cannot succeed unless those who
express their choice are prepared to choose
wisely. The real safeguard of democracy, therefore,
is education.
Franklin D. Roosevelt
The Ballot Measure Process
The Washington State Constitution affords voters _
two methods of direct legislative power —
the initiative and the referendum.
While differing in process, both initiatives and
referenda leave ultimate legislative authority
in the hands of the people.
The Initiative
Initiatives to the People - Initiatives to the people,
if certified to have sufficient signatures, are
submitted for a vote of the people at the next
state general election.
Initiatives to the Legislature - Initiatives to
the Legislature, if certified to have sufficient
signatures, are submitted to the Legislature at its
regular session in January.
Any registered voter, acting individually or
on behalf of an organization, may propose an
initiative to create a newstate law or to'amend or
repeal an existing law.
To certify an initiative (to the people or to the
Legislature), the sponsor must circulate the
complete text of the proposal among voters
and obtain a number of legal voters' signatures
equal to 8 percent of the total number of votes
cast for the office of Governor at the last regular
gubernatorial election.
Initiative measures appearing on the ballot
require a simple majority vote to become law
(except for gambling or lottery measures, which
require 60 percent approval).
The Referendum
Referendum Bills- Referendum bills are proposed
laws referred to voters by the Legislature.
Referendum Measures - Referendum measures
are laws recently passed by the Legislature that
are placed on the ballot because of petitions
signed by voters.
Any registered voter, acting individually or on
behalf of an organization, may demand, by
petition, that a law passed by the Legislature
be referred to voters prior to going into effect.
Emergency legislation is exempt from the,
referendum process.
To certify a referendum measure to the ballot,
the sponsor must circulate among voters the
text of the legislative act to be referred, and
obtain a number of legal voters' signatures
equal to 4 percentof the total number of votes
cast for the office of Governor at the last,regular
gubernatorial election.
A referendum certified to the ballot must receive
a simple majority vote to become law (except for
gambling and lotterymeasures, which require 60
percent approval).
Please note:The preceding information is not intended
as a substitute for the statutes governing the initiative
and referendum processes, but rather should be read in
conjunction with them.
For more information go to www.vate.wa.gov and
select "Handbook for Filing Initiatives and Referenda
in Washington State:'
E
Initiative Measure 1125
Initiative Measure 1125
�.Ijrl
g1011111111
Initiative Measure
1125
Proposed by initiative petition:
Initiative Measure
No. 1125 concerns
state expenditures on
transportation.
This measure would prohibit the use of motor
vehicle fund revenue and vehicle toll revenue
for non -transportation purposes, and require that
road and bridge tolls be set by the legislature and
be project -specific.
Should this measure be enacted into law?
E ] Yes
l No
The official SaIlotTitle and the Explanatory Statement were
written by the Attorney General as required by law. The Fiscal
Impact Statement was written by the Office of Financial
Management as required by law. The Secretary of State is
not responsible for the content of arguments or statements
(WAC 434-381-180).The complete text of Initiative Measure
1125 is.located at the end of this pamphlet.
Explanatory Statement
Written by the Office of the Attorney General
The Law as it Presently Exists
The legislature has enacted various laws that
direct Where and how tolls can be set for bridges,
ferries, tunnels, roads, and related facilities. ,
Those laws also, restrict the ways in which toll
revenue can be used. Initiative Measure No. 1125
would impose additional restrictions on the use of
toll revenue.
The Eighteenth Amendment to the Washington
Constitution requires that certain state revenue
be used only for "highway purposes." That
amendment, which was approved in 1944,
provides that the following revenue must be
paid into the state treasury and placed in a
special fund to be used exclusively for "highway
purposes": all fees the state collects as license
fees for motor vehicles; all excise taxes the state
collects on the sale, distribution, or use of motor
vehicle fuel; and all other state revenue "intended
to be used for highway purposes" That fund is '
the "motor vehicle fund" established in RCW
46.68.070. The Eighteenth Amendment also lists
some uses that must be considered "highway
purposes" including the necessary operating,
engineering, and legal expenses connected with
the administration of public highways, county
roads, and,city streets; and the construction,
reconstruction, maintenance, repair, and
betterment of public highways, county roads,
bridges, and city streets.
Since well .before the adoption of the Eighteenth
Amendment, the legislature has authorized
the use of tolls as one means of paying for
the acquisition, construction, and operation
of bridges, ferries, tunnels, roads, and -related
facilities. That authority includes the use of tolls
to retire bonds issued to finance acquisition and
construction of bridges, ferries, tunnels, roads,
and related facilities; tolls used for that purpose
must be deposited in special trust funds kept
separate from all other funds.
Under burrent law, the legislature must authorize
the collection of tolls but it can delegate, the
authority to set the amounts of tolls. The
legislature has designated the state Transportation
Commission as the "tolling authority" responsible
for setting most tolls, under standards and
guidelines established in law to ensure that the
revenue generated by tolls is sufficient to pay
maintenance and operating costs for the facility
pay principal and interest on bonds, related
financing costs, and insurance; and reimburse the
motor vehicle fund for any money used from that
fund to pay for bonds. Unless otherwise provided
in law, all revenue from a toll facility is to be
used for that facility, and tolls may continue to be
collected after initial construction has been paid
for to fund additional capacity, maintenance, and
operation of the facility.
The Effect of the Proposed Measure, if Approved
Initiative Measure No. 1125 would require
that toll amounts be set by the legislature by
majority vote, rather than by theTransportation
Commission, and would mace the setting of
toll amounts subject to statutes that require
preparation of various reports and analyses
relating to costs. It would require that tolls be
"uniform and consistent" and would not allow
variable pricing of tolls. ("Variable priced" tolls
typically are higher during periods of traffic
congestion and lower at other times of the day or
week.). -
While the measure would leave in place
the authority to collect and use tolls for the
preservation, maintenance, management, and
operation of a facility, it would add provisions that
limit the use of some tolls to construction,and
capital improvement only and that require tolls on
future facilities to end after the cost of the, project
is paid. The measure would require revenue from
tolls to be used only for purposes "consistent
with" the Eighteenth Amendment, and would
prohibit any revenue in the motor vehicle fund
or any toll fund from being transferred to the
"general fund or other funds" and used for "non -
transportation purposes"
The measure would restate the,existing
requirement that tolls must be used on the facility
for which they are collected, explicitly referencing.
the Interstate 90 floating bridge. The measure
also would prohibit the state or a state agency
from transferring or using "gas -tax -funded or
toll -funded lanes on state highways"for "non -
highway purposes."
Fiscal Impact Statement
Written by the Office of Financial Management
No fiscal impact is assumed for theTacoma
Narrows'Bridge and State Route 167 toll
lanes. Fiscal impacts for future toll roads and
toll bridges are unknown, and indeterminate.
The State Treasurer states that bonds secured
solely by toll revenue will become prohibitively
expensive if the Legislature sets tolls, thus
eliminating this financing tool for transportation
projects. Prohibit'ng variable tolling will require
additional analyses estimated to cost up to
$8.3 million. Because the restrictions on future
toll revenue, toll expenditures and toll lanes
cannot be quantified, the fiscal impact on state
and local governments from these provisions is
indeterminate.
General Assumptions
The initiative is effective Dec. 8, 2011, and applies
prospectively.
The term "highway purposes" is used to describe
the 18th Amendment purposes. For purposes of
the fiscal impact statement, "highway purposes"
excludes operating funds for transit and other
funding for transit, bicycle and pedestrian
facilities that do not directly benefit the highway
system.
Estimates are,described using the state's fiscal
year (FY) of July 1 through June 30.
The fiscal impact statement covers the period FY
2012 through FY 2017
Fiscal impacts are measured against current law,
enacted.budgets and bond authorizations.
Bonds are a form of state debt used to finance
capital construction and transportation projects.
Bonds enable the state to -receive funds today
on the promise that the funds will be repaid
with i nterest.' Bonds must be authorized by the
Legislature and identify how the debt will be paid.
Assumptions by section
Section 2 limits expenditures from the Motor
Vehicle Fund and toll funds to transportation
purposes.
Section 3 prohibits the state and its agencies from
the transfer or use of gas tax or toll -funded lanes
for non -highway purposes. -
Section 4 applies to all tolled facilities, except
theTacoma Narrows Bridge and state ferries.The
Legislature shall determine and establish toll's and
charges on tolled facilities.The initiative does not
change existing tolls, toll rates or methodologies.
However, to impose a new toll, increase a toil or
change a toll methodology to increase revenue, .
the Legislature must act. In addition, toll revenue
must be used for the facility in which the funds
are generated and only for highway purposes.
Sections 5 through 7 apply to toll .bridges and
other'state,toll facilities, excluding state ferries,
first authorized, after July 1, 2008.The Legislature
is the tolling authority for all state highways. The
initiative does not change existing tolls, toll rates
or methodologies. However, to impose a new
toll, increase a toll or change a toll methodology
to increase revenue, the Legislature must act. In
addition, for the future:
10
Initiative Measure 1125
Initiative Measure 1125
11
Toll revenue must be used for the facility in
which the funds are generated;
Toll revenue must be used only for highway
purposes;
Toll rates must be uniform and consistent and
may not include variable pricing; and
Tolls on future tolled facilities' must end after
the cost of the project is paid.
Section 8 applies only to tolls on the Interstate
90 floating bridge.Toll revenue from this facility
mu$t be used exclusively for toll facilities and "
capital improvements on Interstate 90 and only
for highway purposes.
State and Local Fiscal Impacts
Section 2. No fiscal impact is assumed from this
section. Expenditures from the Motor Vehicle
Fund and toll funds are restricted by law to
transportation purposes.
Section 3.This restriction is assumed to have no
impact on state or local revenues.The restriction
also does not direct new expenditures or new
costs. Therefore, it is assumed that state and local
governments will adjust their actions to comply
with this restriction, resulting in no new increased
or decreased costs.
Sections 4 through,8 are described by tolled
facility:
TacomaNarrows Bridge
These sections do not apply to this bridge, and
therefore, no fiscal impact is assumed.
State Route 167 High -Occupancy Vehicle Lanes
Because these tolled lanes were first authorized
before July 1, 2008, only Section 4 applies to
them.Tolls are authorized for this facility until
June 30, 2013. It is not anticipated that toll rates
will increase during this authorization. Therefore, -
no fiscal impact is assumed on toll revenues from
the Ianes.There is no debt on these lanes.
Tolls collected from high -occupancy toll lanes
can be used to increase transit, vanpool,,carpool
and trip reduction services in the State Route
167 corridor, which could be inconsistent with
highway purposes. However, enacted budgets
provide that all tolls collected from the lanes be
used solely for the operation, administration
and enforcement of these lanes. -Therefore, no
fiscal impact is assumed for state and local
expenditures.
State Route 520 Bridge
Sections 4 though 7 apply to this bridge.Tolls
are authorized and .have been set for this bridge.
The Legislature has identified toll revenue as
part of the State Route 520 bridge replacement
and high -occupancy vehicle program. It is
not known whether a toll rate increase will be
necessary, during the period covered by this fiscal
impact statement. However, if it is necessary, the
Legislature will need to act to set tolls subject to
requirements contained in Section 7.
Current law requires the use of variable tolling.
If a toll rate increase is necessary, a newt oll
rate analysis and supplemental environmental
review will be required to implement a uniform
and consistent toll rate. Assuming that these
analyses can be conducted concurrently within
project schedules, the cost is estimated at up to
$3.2 million. Prior analysis indicates that a fixed
toll rate equivalent to the weighted average of
variable tolls could reduce revenue by up to 11
percent due to different traffic patterns (Parsons
Brinckerhoff analysis,'March 2008). However,
because a new analysis is necessary to quantify
impacts and it is not certain that a toll rate
increase is necessary during the period covered
by the fiscal impact statement, the impact on toll
revenue is indeterminate.
Federal Urban Partnership Agreement (UPA)
grants were awarded to the Washington State
Department ofTransportation, King County
and King County Ferry District conditioned on
implementing variable tolling on the existing
State Route 520 bridge. If a toll rate increase is
necessary and variable tolling is prohibited, the
state, King County and King County Ferry District
would lose authority to spend remaining grant
funds and could be required to repay the entire
grant amount.The state has spent $64.4 million
of the state's $86.1 million UPA grant, leaving
$21.7 million remaining as of July 2011. King
County has spent $34.8 million of the county's $41'
million UPA grant, leaving $6.2 million remaining
as of July 2011.The King County Ferry District
was awarded $1 million, none of which has been
spent as of July 2011. Because it is not known if a
toll rate increase is necessary during the period
covered by the fiscal impact statement or what
action the federal government will take, the
impact on this grant revenue is indeterminate.
Tolls collected from State Route 520 can be used
to provide for the operations of conveyances of
people or goods, which could be inconsistent
with highway purposes. However, current law
and enacted budgets provide that tolls collected
from State Route 520 must be used for operation
and administration of the tolled bridge and high -
occupancy vehicle program and to repay bond
obligations used to finance construction and
capital improvement costs, which are assumed to
be consistent with highway purposes. Therefore,
no fiscal impact is assumed on state and local
government expenditures during the period
covered by the fiscal impact statement.
Current law authorizes the issuance of $1.95
billion in bonds secured solely by toll revenue
or secured by both toll and gas tax revenue.
The StateTreasurer states that requiring tolls
to be set and adjusted by the Legislature rather
than by an independent toll -setting body would
make the cost of bonds secured solely by toll
revenue prohibitively expensive and would be
unprecedented nationally. Because investors in
toll revenue bonds see the independence of toll -
setting bodies as a critical credit characteristic,
no other toll revenue bond issuer in the nation
sets tolls subject to legislative approval (Public
Resource Advisory Group analysis, Feb. 8,
2011). Therefore, the StateTreasurer states that
bonds secured solely by toll revenue would be
eliminated as a financing tool for the bridge. Gas
tax or other revenues would be necessary to
issue bonds, reducing overall capacity to finance
transportation projects, which may impact future
expenditures.
Interstate 405 High -Occupancy Vehicle Lanes
Sections 4 though 7 apply to these Ianes.Tolls are
authorized for these lanes, but tolls have not been
set. Current law requires,the use of dynamic
tolling.To implement a uniform and consistent toll
rate, a new toll rate analysis and supplemental
environmental review would be required.
Assuming that these analyses can be conducted
concurrently within project schedules, the cost is
estimated at up to $2.5 million. Because the new
analysis is necessary to quantify impacts, the
impact on toll revenue is indeterminate.
Tolls collected from Interstate 405 high -occupancy
vehicle lanes can be used to provide for the
operations of conveyances of people or goods,
which could be inconsistent with the highway "
purposes. However, current law and enacted
budgets provide that tolls collected from the lanes
must be used for operation and administration
of the tolled lanes and to repay bond obligations
to finance construction and capital improvement
costs, which are assumed to be consistent with
the highway purposes. Therefore, no fiscal impact
is assumed on state and local government
expenditures during the period covered by the
fiscal impact statement.
Current bond authorizations for construction
and capital improvements of Interstate 405
high -occupancy vehicle lanes from Bellevue
to Lynnwood are secured by gas tax revenue.
Therefore, no fiscal impact is assumed on
indebtedness for these lanes.
State Route 99 Alaskan Way Viaduct
Sections 4 though 7 apply to this highway.Tolls
have not been authorized by the Legislature.
Current toll rate analysis for this highway has
assumed the use of variable pricing.To implement
a uniform and consistent rate, a new toll rate
analysis and supplemental environmental
review would be required. Assuming that these
analyses can be conducted concurrently within
project schedules, the cost is estimated at up
to $2.6.million. Because tolls have not been
authorized and the new analysis is necessary to
quantify impacts, the impact to toll revenue is
indeterminate.
The Legislature has identified toll revenue as
part of the State Route 99 Alaskan Way Viaduct
replacement project.This expenditure is assumed
to be consistent with the highway purposes.
Therefore, no fiscal impact is assumed on state
and local expenditures.
Current bond authorizations for construction
and capital improvements for portions of -the
State Route 99 Alaskan Way Viaduct replacement
project are secured by'gas tax revenue. If costs_
exceed $2.4 billion, no more than $400 million
of additional costs will be financed with toll
revenue. Because there is no authorization to
use toll revenue for bonds, the fiscal impact on
indebtedness for this highway is indeterminate.
Additionally, the StateTreasurer states that
bonds secured solely by toll revenue would be
eliminated as a financing tool for this highway.
Interstate 90 Floating Bridge
Sections 4 though 8 will apply to this bridge.
Whether the Legislature will authorize tolls on -the
Interstate 90 floating bridge and for what purpose
are unknown.Therefore, the,fiscal impact is
unknown and indeterminate. Additionally, State
Treasurer states that bonds secured solely by toll
12
Initiative Measure 1125
Initiative Measure 1125
13
revenue would be eliminated as a financing tool
for this highway.
Future Facilities
Sections 4 though 7 will apply to future tolled
facilities.The Washington State Department of
Transportation was directed by the Legislature
to conduct tolling analysis on the Interstate
5 Columbia River Crossing in Clark County,
Interstate 5 express lanes between Seattle and
Northgate, Interstate 90 in King County, Interstate
405 high -occupancy vehicle lanes from Bellevue
south, State Route 509 in King County and State
Route 167 extension in Pierce County. Whether
the Legislature will authorize, tolling on these
highways and for what purpose are unknown.
Therefore, the fiscal impact is unknown and
indeterminate. Additionally, the StateTreasurer
states that bonds secured solely by toll revenue
would be eliminated as a financing tool for these
bridges and highways.
Mock Election
Real education
Students in grades K-12 can practice voting in
the online Washington State Mock Election.
Voting opens at 9 am on Monday, October 31
and will close at 1 pm on Friday, November
4. Students in grades 6-12 will vote for real
candidates and ballot measures. Younger
students will be given a more age -appropriate
ballot.
The Mock Election is free, fun and educational!
Make voting a family activity; encourage your
kids to vote in the online Mock Election at
Argument For
Initiative Measure 1125
Olympia still doesn't get it. Four times the voters have approved
initiatives requiring two-thirds vote..-
... of the Legislature to raise taxes and majority vote
to increase fees. Four times. Yet despite 1-1053's 64%
approval last year, Olympia repeatedly violated it. 1-1125
closes loopholes they put in 1-1053, requiring again that
fee increases be decided by elected representatives of
the people, not unelected bureaucrats at state agencies:
1-1125 ensures accountability and transparency.
Voters rejected a state income tax. Olympia's response?
"Anything goes" tolls which'd be even worse
If Olympia is going to force struggling families to pay
thousands of dollars per year in burdensome tolls, 1-1125
makes sure tolls are dedicated to the project. And when
the project is paid for?The toll goes away. Without 1-1125,
tolls will continue forever, being raided and diverted
during "emergencies."
Tolls aren't taxes — 1-1125 keeps it that way.
1-1125 requires transportation taxes only be used for
transportation — stops Olympia's bait & switch schemes
Our state imposes one of the highest gas taxes in the
nation, collecting billions in transportation taxes and fees
every year — before double -taxing us with burdensome
tolls, 1-1125 stops transportation revenue from being
diverted to non -transportation purposes.
1-1125 reinstates 1-1053s voter approved protections, closes
loopholes, and reinforces existing statutory and constitutional
protections
Governor Gregoire: "I'm not gonna let 1053 stand in
the way of me moving forward for what I think is right. "
Voters approved 1-1053 — don't let Olympia get away with
violating it. Vote yes (again). Approve 1-1125.
Rebuttal of Argument Against
Olympia repeatedly violated last year's 1-1053 despite voters'
64% approval—1-1125 brings back 1-1053's protections. TolIs
aren't taxes—1-1125 keeps it that way. Our Constitution's 18th
Amendment protects transportation revenue—1-1125 backs
it up. 1-1125's policies all relate to ensuring accountability
and transparency on transportation spending on past,
current, and future projects by having,politicians abide by
,the Constitution and voter -approved laws like 1-1053. Make
Olympia follow the law. Vote yes (again). Approve 1-1125.
Argument Prepared by
ErmaTumer, beauty shop owner, gathered 1282
signatures, Cle Elum; Darryl Ehlers, farmer, husband,
father, poet, gathered 1003 signatures, Lynden; Larry
Helseth, wife Mandy, retired couple, gathered 925
signatures, Vancouver; Tim Eyman; Lauralei Bencze
(retired Boeing), husband Steve, gathered 980!signatures,
Othello; Bessie Danilchik, housewife, gathered 825
signatures, lifetime resident of Seattle.
Contact: (425) 493-8707; jakatak@comcast.net;
www.VotersWantMoreChoices.com
Argument Against
Initiative Measure 1125
Initiative 1125 is another flawed and irresponsibleTim
Eyman initiative. At a time when our economy is hurting,
1125 creates transportation gridlock, places projects
across Washington at risk, increases congestion and
eliminates thousands of jobs.
Olympia Politicians Should Not Set Toll Rates
No state in the country allows legislators to set tolls
because investors won't buy bond§ backed by tolls that are
subject to legislative politics. A bipartisan supermajority
of the legislature already voted to have an independent
commission of experts set tolls, but 1125 re-inserts politics
into the process. Why have legislators from Bellingham
set tolls for projects inTacoma? Independent experts
commissioned by the StateTreasurer say 1125 will cause the
state to lose billions in toll bond funding for major projects.
Gridlock on Important Projects
1125 stalls construction projects across the state vital
to our economy.The 520 Bridge, 1-405 expansion, and
hundreds of local and rural gas -tax funded projects across
the state are threatened. Eyman says 1125 will kill voter -
approved light rail across 1-90 — lawsuits will follow.
Increases Costs for Taxpayers
Eyman's transportation measures have all been defeated
by voters or overturned in court because of unintended
consequences or constitutional questions. We need jobs,
not costly transportation chaos.
Tolls Are Fairer
Tolls are a user fee — people only pay for what they use.
That's fairer than raising taxes on everyone — or diverting
limited resources =to fund critical projects. Transportation
experts across the state oppose 1125. So do business, labor
and environmental leaders. Please vote no.
Rebuttal 'of Argument For
Tim Eyman is the one playing bait and switch. 1125 has
nothing to do with the two-thirds requirement for tax
increases. 1125 wrongly authorizes the legislature to set
toll rates. No other state in the country allows politicians
to set rates — a prescription for unfair tolls and huge new
financing costs. 1125 threatens light rail and critical road
projects, will cost thousands of jobs, increases gridlock
and harms our economy. Vote no on 1125,
Argument Prepared by
'Doug MacDonald, Former State Transportation Secretary;
Sid Morrison, Former State Tra nspo rtatio n Secretary,
Yakima Resident; Jim McIntire, Washington State
Treasurer; Jeff Johnson, President, Washington State
Labor Council, AFL --CIO; Laura Peterson, Vice -President,
Government Relations — Northwest,The Boeing Company;
Phil Bussey, President & CEO, Greater Seattle Chamber of
Commerce.
Contact: (206) 660-6356; info @VoteNoll25.com;
www.VoteNoll25.com
14 Initiative Measure 1163 1 Initiative Measure 1163
Initiative Measure
1163
Proposed by initiative petition:
Initiative Measure
No. 1163 concerns
long-term care workers
and services for elderly
and disabled people.
This measure would reinstate Background
checks, training, and other requirements for long-
term care workers and providers, if amended in
2011; and address financial accountability and
administrative expenses of the long-term in -
home care program.
Should this measure be enacted into law?
[ ] Yes
[ ] No
The Official BaIIotTitle was written by the Attorney General
as required by law and revised by the court. The Explanatory
Statement was written by the Attorney General as required
by law. The Fiscal Impact Statement was written by the Office
of Financial Management as required by Iaw.The Secretary
of State is not responsible for the content of arguments or
statements (WAC 434-381-180).The complete text of Initiative
Measure 1163 is located at the end of this pamphlet.
Explanatory Statement
Written by the Office of the Attorney General
The Law as it Presently Exists
Long-term care workers assist the elderly and
persons with disabilities in the homes of the
people they assist or through assisted living
facilities, adult family homes, or state -licensed
boarding homes. Assistance by long-term care
workers may include help with eating, dressing,
bathing, meal preparation, household chores,
and other assistance with daily life. Long-term
care workers might provide this assistance under
a direct contract with the state as an individual
provider, or they might be employees of home
care agencies or other facilities. Long-term
care workers include respite care providers,
community residential service providers, and
any other worker who directly provides home
or community -based services to the elderly
or persons with functional or developmental
disabilities. Long-term care workers do not
include employees of nursing homes, hospitals
or other acute care facilities, adult day care
centers, .or adult day health providers. Long-term
care workers are paid according to a collective
bargaining agreement negotiated with the state,
subject to legislative approval.
State law currently requires that long-term care
workers receive training. Additional requirements
are scheduled to take effect in the future. Under
current law, long-term care workers hired on
or after January 1, 2014, will be required to be
certified by the state Department of Health as
"home care aides" within 150 days of beginning
work. ,To be certified, long-term care workers will
need to complete specific training and pass an
examination. The requirement that long-term
care workers receive 35 hours of basic training
will increase to a 75-hour requirement on January
1, 2014. State law requires that the state pay for
the training, and pay long-term care workers
for the time they spend in training. After they
are certified, long-term care workers hired after
January 1, 2014, will be required to receive 12
hours of continuing training each year. There are
reduced requirements for those who only provide
care for their own adult children or parents. The
state will also be required to offer advanced
training to long-term care workers beginning
January 1, 2014.
State law also requires that long-term care
workers receive criminal background checks.
These checks determine whether long-term
care workers have a criminal history that would
disqualify them from working with vulnerable
persons. These checks currently look only for
criminal convictions in Washington. If the worker
has lived in Washington less than three years,
then a fingerprint -based check also is conducted
through the Federal Bureau of Investigation (FBI).
All long-term care workers hired after January
1, 2014, will be required to receive a fingerprint -
based check through the FBI, no matter how long
they have lived in Washington.
The Effect of the Proposed Measure, if Approved
Initiative Measure 1163 would move up the date
by which the additional training, certification, and
background check requirements for long-term
care workers take effect. The requirement that
long-term care workers receive certification as
"home care aides,' and receive additional training
would apply to all long-term care workers hired
on or after January 7, 2012, instead of January
T, 2014. The requirement that long-term care
workers receive criminal background checks
through the FBI would apply to all long-term care
workers hired on or after January 1, 2012, instead
of January 1, 2014. Community residential
service providers would not be covered by these
additional training, certification, and background
check requirements until January 1, 2016.
In addition, this measure would require that
the state auditor conduct performance audits .
of the state's long-term in -home care program.
The first audit would have to be completed
within twelve months after this measure takes
effect. The auditor would be required to conduct
performance audits "on a biannual basis
thereafter." This measure would also require the
state to hire five additional fraud investigators.
This measure would require the state to limit
its administrative expenses so that at least 90%
of taxpayer spending on the long-term in -home
care program is devoted to direct care. The state
would be required to achieve this limitation within
two years after this measure takes effect. This
measure also provides that if the passage of this
act triggers changes to any collective bargaining
agreement, then those changes go into effect
immediately without the need for legislative
approval.
Fiscal impact Statement
Written by the Office of Financial Management
Current law requires increased mandatory
training, background checks and certification for
long-term care workers, depending on worker
classification, beginning Jan. 1, 2014. Initiative
1163 would require the training, background
checks and certification for long-term care
workers to begin Jan. 7, 2012, but delay these
requirements for community residential providers
until Jan 1, 2016. For the long-term in -home
care program, administrative costs are capped
and performance -audits with additional fraud
investigators are required. Over six fiscal years,
costs are estimated to increase $31.3 million and
revenue from the federal government and fees is
estimated to increase $18.4 million.
General Assumptions
The Washington State Office of Financial
Management, in consultation with the
Washington State Department of Social and
Health Services (DSHS) and Department of Health
(DOH), developed a model to estimate the costs
and expenditures of implementing increased
mandatory training, background checks and
certification for long-term care workers.This
model was first developed for the fiscal impact
statement for Initiative 1029, passed in 2008, and
subsequently used for fiscal notes on legislation,
including Engrossed Substitute Senate Bill 6180
(2009) and Engrossed Substitute House Bill 1548
(2011).This statement uses this model updated to
the June 2011 Caseload Forecast'Council forecast
(forecast).
The following assumptions are used to measure
fiscal impacts:
v Estimates are described using the state's fiscal
year (FY) of July 1 through June 30.
. The initiative applies prospectively with an
implementation date of Jan. 7, 2012.
■ Current law directs that increased mandatory
training, background checks and certification
for long-term care workers begin Jan. 1,
2014.The initiative would require training,
background checks and certifications to begin
Jan. 7, 2012, lout delay the requirements for
workers who are community residential
service providers to Jan. 1, 2016. Revenues,
expenditures and costs already assumed
to begin Jan. 1, 2014, are netted against
revenues, expenditures and costs generated
from the initiative.
. Increased mandatory training, background
checks and certification requirements vary by
type of long-term care worker:
■ Beginning Jan. 7, 2012, workers who care
for the elderly or persons with disabilities
are required to complete 75 hours of
mandatory training (up from 35 hours),
background checks and certification.The
training includes five hours of basic safety
information and orientation that must
be completed before the worker begins
employment.The remaining 70 hours
16
Initiative Measure 1163
Initiative Measure 1163
17
must be completed within 120 days of the
worker being hired and can include 12
hours of structured peer mentoring.
Beginning Jan. 7, 2012, workers hired as
individual providers who care -for their
own elderly or disabled parent or child,
or individual providers who work 20
hours or less per month are required to
complete increased mandatory training
(the amount varies), background checks
and certification requirements.
Beginning Jan. 1, 2016, workers who
are -community residential providers
(supported living providers) are required
to complete 75 hours of mandatory
training (up from 35 hours), and
background checks, but do not require
certification.
■ All workers are required to complete 12
hours of continuing education courses
each year to maintain certification. DSHS
must offer, but not require, advanced
training to long-term care workers.-
■ The number of workers who would receive
training was developed using the June 2011
Caseload Forecast Council estimate of the
number of long-term care clients.
• Current wage information was used as the
basis for wage costs, with no inflationary
increases included.
• The initiative does not trigger changes
to the collective bargaining agreement
reached between the state and the exclusive
bargaining representative of long-term
care workers, Therefore, no fiscal impact is
assumed..
■ No revenue, cost, expenditure or indebtedness
impacts are assumed for local governments.
■ There is no state debt associated with long-
term care worker training and background
check requirements. Therefore, state fiscal
impacts are limited to revenues, costs and
expenditures.
State Revenue Impacts
Table 1.1, located at the end of this Fiscal Impact
Statement, shows estimated revenues by fiscal
year factoring in new revenue, revenues already
assumed in the forecast, and reduced revenue
from the delay of training and background checks
for community residential providers. Estimates
contained in parentheses ($XXX) represent a net
revenue reduction.
Some'training costs are eligible for 50 percent
matching funds from the federal government.
The net increase in revenue from the federal
government is estimated at $9.5 million over six
fiscal years.
Fees would be paid by long-term care workers
applying for certification or renewing their
certification. Assuming a $60 certification fee, the
net increase in revenue from fees is estimated at
$8.9 million over six fiscal years.
The initiative directs the state to`develop a plan
to cap administrative expenses of the long-term
in -home care program to 10 percent of taxpayer
spending by Jan. 1, 2014. No fiscal impacts
are assumed from this portion of the initiative.
Based on FY 2011 expenditures, administrative
expenses are currently estimated to be 9.9
percent of taxpayer spending using the following
assumptions:
■ Administrative costs are assumed to mean
overhead costs billed as administrative
match to the federal Centers for Medicare &
Medicaid Services.
■ Tax spending is assumed to mean
expenditures funded from the State General
Fund.
■ The term "direct care" is assumed to mean
any funds paid to qualified providers of,long-
term care services, including wages for hands-
on workers and any of the provider's related
overhead costs.
■ The long-term in -home care program is
assumed to mean providers of personal
care as well as most forms of community -
based care, including adult family homes
and boarding homes.The definition does
not include costs outside of DSHS' in -home
program, such as DOH's certification work.
State Expenditures and Costs
Table 1.2, located at the end of this Fiscal Impact
Statement, shows estimated costs by fiscal year
factoring in new costs, costs already assumed in
the forecast, and reduced costs from the delay of
training and background checks for community
residential providers. Estimates contained
in parentheses ($XXX) represent a net cost
reduction.
Department of Social and Health Services Expenditure
and Cost Assumptions
DSHS would be required to approve the
mandatory1raining curriculum, including
continuing education and advanced training.
DSHS would obtain background checks, including
fingerprints, at no cost to the worker. Workers
would be paid wages for the time they attend
required training classes. Casts are also assumed
for administrative staff, rule -making activities,
information technology changes and contract
administration. The combined net cost of these
expenditures is estimated to be $19.6 million over
six fiscal years.
Department of Health Expenditure and Cost Assumptions
DOH would certify workers who complete the
I
equired training and pass a background check
within the first 150 days of employment. Workers
would not be paid for the time spent taking the
certification exam.The combined net cost of these
expenditures is estimated to be $7.1 million over
six fiscal years.
Performance Audit and Fraud Prevention Expenditure and
Cost Assumptions
The initiative directs the Washington State
Auditor's Office to conduct performance audits of
the long-term in -home care program biannually,
which is assumed to be twice per year. Assuming
the term long-term in -home care program" has
the same meaning as used in State Revenue
Impacts above, the Auditor's Office estimates it
will need three full-time auditors and incur travel
and other costs to conduct the audit&This cost is
estimated,to be $2.1 million over six fiscal years.
The initiative directs the state to hire five
additional fraud investigators as part of the
performance auditing process. Assuming the
investigators will be hired by DSHS, this cost is
estimated to be $2.5 million over six fiscal years.
Table 1.1 State Revenue Impacts
Fiscal Year
2012
2013
2014
2015
2016
2017
REVENUE
Federal Funds
$3,786,000
$7,706,000
$2,745,000
($3,385,000)
($1,583,000)
$218,000
$9,487,000
Fees
$717,000
$2,027,000
$2,265,000
$1,699,000
$1,274,000
$955,000
$8,937,000
TOTAL
$4,503,000
1 $9,733,000
1 $5,010,000
1 ($1,686,000)
($309,000)
$1,173,0001
$18,424,000
Table 1.2 State Expenditures and Costs
Fiscal Year
2012
2013
2014
2015
2016
2017
COSTS
DSHS Costs
$8,935,000
$17,792,000
$6,093,000
($7,593,000)
($3,571,000)
$449,000
$22,105,000
DOH Costs
$1,841,000
$2,588,000
$1,654,000
$355,000
$357,000
$294,000
$7,089,000
State Auditor Costs
$235,000
$595,0001
$320,0001
$326,0001
$320,0001
$320,000
$2,110,000
TOTAL
$11,011,0001
$20,975,0001
$8,067,000 1
($6,918,000)
($2,894,600)1
$1,063,000
$31,304,000
W
Initiative Measure 1163
Initiative Measure 1183
19
Argument For
Initiative Measure 1163
All of us want safe, quality care for frail seniors and
people with disabilities. In 2008, voters overwhelmingly
supported full federal background checks and training for
long-term care workers who assist our most vulnerable
residents, but Olympia politicians ignored our will.
Initiative 1163 restores those common sense protections.
Closes Background Check Loophole ,
Since 2008, adult family home abuse citations are up 15
percent. Seniors and people with disabilities are highly
vulnerable to fraud and abuse. It is irresponsible to
entrust their care to people who could have a violent or
abusive history. 1163 ensures caregivers receive federar
background checks, not the current local check that misses
out-of-state crimes.
Restores Basic Training, Certification
Home care workers do the same work as nursing
home assistants in more isolated environments with
less training. Whiie manicurists complete 600 hours of
training, home care workers receive less than 40 hours.
1163 protects seniors by requiring home care workers
receive comparable training to nursing home assistants.
Requires Efficiency'and Accountability
1163 protects taxpayers: requires annual independent
audits, requires full-time fraud investigators and requires
at least 90 percent of funds go to direct care, not state
administrative expenses.
Need is Growing
As our population ages, we need a qualified workforce to
help seniors live with dignity in their own homes.Training
and background checks are the first step in creating a
stable, professional workforce that earns a living wage,
while providing cost effective, safe, quality care. Our
elders deserve protection. Vote yes on 1163.
Rebuttal of Argument Against
Who opposes training for home care workers? Scandal -
tarnished providers exposed by the SeattleTimes for
negligence and profiteering. Current background checks
don't catch out-of-state crimes — federal checks will — and
many caregivers currently have no training requirement.
Non -partisan state fiscal analysis found 1163 costs only
$13 million over six years — 1/30th of one percent of the
budget. And 1163 saves millions by keeping seniors out of
nursing homes. Vote yes on 1163.
Argument Prepared by
Eugene May, M.D. on behalf of National Multiple
Sclerosis Society; Deborah Osborn, Parent of child with
developmental disabilities, Tacoma; Martin Levine, M.D.,
Family Physician and Geriatrician, Assistant Medical
Director; Sarah White, R.N. Senior Care Unit, major area
hospital; David Hoffman, Severe burn survivor, home care
client, Port Orchard; Nora Gibson, Executive Director, Full
Life Care home care agency.
Contact: (206) 467-1565; info @yes1163.com;
www.yes1163.com
Argument Against
Initiative Measure 1163
Vote no on Initiative 1163 to preserve services for seniors and
disabled citizens.
This measure has the wrong priorities.
Raising taxes and eliminating services to pay for a costly
unfunded initiative'is not in our states or our citizens'
best interest. Taxpayer dollars for services for low-
income seniors and the disabled should go directly to
those needing care, not to a training program run by the
state's largest union. Because of budget cuts, many long
term care services were greatly reduced or eliminated.
Our state does not have money to spend on a special
interest training program while cutting essential services
to our citizens. It is more important to restore these
services than to spend millions on additional training and
background checks for home care workers.
1-1163 requires either raising -taxes or slashing other services to
seniors and the disabled.
If passed, the additional training and background checks
required by this measure will cost taxpayers $80 million
over the next two years when the state is facing another
$2.8 bilIion budget deficit.
We support appropriate training for home care workers.
This misleading measure makes it seem like background
checks aren't required for long term care workers, when
they are, and that Washington doesn't have mandated
training programs for long term care workers, when it
does.
It's absurd to raise taxes, or further cut services to pay for
additional training....
...and background checks for in -home care workers when
they already exist in state law. Protect seniors and the
disabled. Vote no.
Rebuttal of Argument For
1-1163 has a hidden agenda. Rather than protecting
seniors and disabled residents, it takes $80 million in
funding away from direct services to fund a private union
training program. Background checks are already required
by law in RCW 43.20A.710 and so is basic training.This
unfunded initiative soaks taxpayers at the expense of our
seniors' care. Please vote no on 1163 to preserve essential
services to seniors and the disabled in these painful
economic times.
Argument Prepared by
Cindi Laws, Executive Director, Washington State
Residential Care Council; David Lawrence, President,
Washington Private Duty Association; Doris Visaya,
RN, BSN, Home Care Association of Washington; Leslie
Emerick, MPA, HCAW, WAPDA; Craig Frederickson,
member, Governor's CaregiverTraining Workshop; Frank
Jenkins, retired member, Washington Council on Aging.
Contact: (360) 943-5364; www.Noll63.com
Initiative Measure
1183
Proposed by initiative petition:
nitiative Measure
o. 1183 concerns
iquor: beer, wine, and
-pirits (hard liquor).
This measure would close state liquor stores
and sell their assets; license private parties
to sell and distribute spirits; set license fees
based on sales; regulate licensees; and change
regulation of wine distribution.
Should this measure be enacted into law?
[ ] Yes
[ No
The Official BallotTitle was written by the Attorney General
as required by law and revised by the court.The Explanatory
Statement was written by the Attorney General as required
by Iaw.The Fiscal Impact Statement was written by the Office
of Financial Management as required by Iaw.The Secretary
of State is not responsible for the content of arguments or
statements (WAC 434-381-180).The complete text of Initiative
Measure 1183 is located at the end of this pamphlet.
Explanatory Statement
Written by the Office of the Attorney General
The Law as it Presently Exists
In Washington; the state sells and controls
the distribution and sale of "spirits:' The term
"spirits" refers to alcoholic beverages also
called "hard liquor" (whiskies, vodka, gin, etc.).
Spirits include beverages containing distilled
alcohol and wines exceeding twenty-four percent
alcohol by volume. Spirits do not include lower
alcohol content beverages such as flavored malt
beverages, beer, or wines containing less than
twenty-four percent alcohol by volume.
In Washington, spirits are sold at retail at state -
run liquor stores and at "contract liquor stores'
Contract liquor stores are private businesses that
sell spirits and other liquor under a contract with
the state. Washington has approximately 165
state liquor stores and 160 contract liquor stores.
The Washington State Liquor Control Board .
("the Board") operates the state liquor stores
and oversees the contract liquor stores. Among
its responsibilities, the Board regulates liquor
advertising in the state. The Board, however,
cannot advertise Liquor sales.
The Board sets the price for spirits sold at state -
run and contract liquor stores based on the
wholesale cost of the spirits, taxes, and a markup
authorized by statute. The Board also collects the
taxes imposed on the retail sale of spirits, and
collects license fees and penalties: The proceeds
received from the sale of spirits, the tax revenues
on spirits, and license fees are distributed to
cities, counties, and the state. Certain revenues
are dedicated to funding programs addressing
alcohol and drug abuse treatment and prevention.
In Washington, manufacturers and suppliers of
spirits may only sell spirits to the Board. The
Board acts as the sole distributor of spirits sold in
he state liquor stores and contract liquor stores,
and sold by restaurants and certain other licensed
sellers. Under a law effective June 15, 2011, the
state must examine whether to lease the state's
liquor distribution facilities to a private party,
and whether such a lease would produce better
financial returns for the state.
Existing law allows private parties to sell or
distribute alcoholic beverages that are not spirits,
such as wine or beer. Wine and beer sellers are
licensed by the state. There are different licenses
for each of "three tiers" of the wine and beer
business: (1) manufacturing; (2) distribution;
and (3) retail sales. Existing law regulates the
financial relationships and business transactions
allowed between manufacturers, distributors,
and retailers. While there are some exceptions,
retailers are allowed to purchase wine or beer
only from distributors. Similarly, distributors are
allowed to purchase only from manufacturers,
with certain exceptions.
Existing law requires wine and beer manufacturers
and distributors to maintain published price
lists and offer the same price to every buyer.
This requirement of uniform pricing prevents
manufacturers or distributors from selling wine or
beer at discounted prices to select customers, such
NEI
Initiative Measure 1183
Initiative Measure 1183
as a quantity discount or other business reason for
a discount. Existing law also requires wine and
beer retailers to receive all wine and beer at their
retail store and to not take delivery or store wine or
beer at a separate warehouse location:
The Effect of the Proposed Measure, if Approved
Initiative 1183 allows private parties to sell and
distribute spirits, and alters the Liquor Control
Board's powers and duties. It eliminates the
Board's power to operate state liquor stores, to
supervise the contract liquor stores, to distribute
liquor, and to set the prices of spirits. Initiative'
1183 directs the Board to close state liquor stores
by June 1, 2012. It directs the Board to sell assets
connected with liquor sales and distribution, and
to sell at'auction the right to operate a private
liquor store at the location of any existing state
liquor store. Initiative 1183 repeals a 2011 law that
directed the state to examine the financial benefit
of leasing the state liquor distribution facilities to
a private party.
Under Initiative 1183, qualifying private parties
may obtain licenses to distribute spirits or to sell
spirits at retail. A retail spirits license allows the
retailer to sell spirits directly to consumers, and
allows the sale of up to 24 liters of spirits for resale
at a licensed premise, such as to a restaurant.
Initiative 1183 allows private distributors to start
selling spirits on March 1, 2012, and private retail
spirits sales to start on June 1, 2012.
To obtain a retail spirits license, a store must have
at least 10,000 square feet of enclosed retail space
in a single structure. However, Initiative 1183 also
allows a retail spirits license for a store at the
location of a former state liquor store or contract
liquor store, even if the store is smaller than
10,000 square feet. It also allows smaller stores
where there are no 10,00.0 square foot licensed
spirits stores in the area. Initiative 1183 requires
retail stores to participate in training their
employees to prevent sales of alcohol to minors
and inebriated persons.
Initiative 1183 allows local governments and
the public to provide input before issuance of a
license to sell spirits. Initiative 1183 preserves
local government power to zone and regulate the
location of liquor stores.
Initiative 1183 would not change the existing taxes
on spirits. Initiative 1183 would require spirits
retailers and distributors to pay license fees to the
state. Retail stores would pay a fee of seventeen
percent of gross revenues from spirits sales under
the license, plus an annual $166 fee. Spirits
distributors would pay an annual $1,320 fee, plus
a percentage of gross revenues from spirits sales
under the license. During the first.two years- of a
spirits distributor license, the distributor license
.fee would be ten percent of the distributor's
gross spirits sales. After two years, the spirits
distributor fee would drop to five percent of the
distributor's gross spirits sales.
Initiative 1183 also requires that all persons
holding spirits distributor licenses must have
together paid a total of one hundred fifty million
dollars in spirits distributor license fees by March
31, 2013. If the total license fees received from
all distributor license holders is less than one
hundred fifty million dollars, the Board must
collect additional spirits distributor license fees
-to make up the difference. This additional fee
would be allocated among the persons who held
a spirits distributor license at any time before
March 31, 2013.
In addition to existing laws controlling the
distribution of moneys received by the Board,
a portion of fees from retail spirits licenses and
spirits distributor licenses would be distributed
to border areas, counties, and cities to enhance
public safety programs.
Initiative 1183 also changes laws that regulate
the retailers, distributors, and manufacturers of
wine. Initiative 1183 eliminates the requirement
that distributors and manufacturers of wine sell
at a uniform price, which would allow the sale
of wine at different prices based on business
reasons. Spirits could also be sold to different
distributors and retailers at different prices. Beer
manufacturers and distributors, however, would
continue to be regulated by existing laws, requiring
uniform pricing. Under Initiative 1183, retailers
could accept delivery of wine at a retail store or
at a warehouse location. Under Initiative 1183,
a store licensed to sell wine at retail may also
obtain an endorsement allowing the store to sell
to license holders who sell wine for consumption
on the premise. For example, this would allow the
store to sell wine to a restaurant that resells the .
wine by the glass'or bottle to its customers.
Fiscal Impact Statement
Writtenby the Office of Financial Management
The fiscal impact cannot be precisely estimated
because the private market will determine bottle
cost and markup for spirits. Using a range of
assumptions, total State General Fund revenues
increase an estimated $216 million to $253 million
and total local revenues increase an estimated
$186 million to $227 million, after Liquor Control
Board one-time and ongoing expenses, over six
fiscal years. A one-time net state revenue gain of
$36.4 million is estimated from sale of the state
liquor distribution center. One-time debt service
costs are $5.3 million. Ongoing new state costs
are estimated at $158,600 over six fiscal years.
General Assumptions
The initiative uses the term "spirits" to describe
alcoholic beverages that are distilled instead
of fermented. For purposes of the fiscal impact
statement, the term "liquor" is used for "spirits"
to maintain consistent terminology. Beer and
wine are not spirits or liquor.
Estimates are described using the state's fiscal
year (FY) of July 1 through June 30.
New liquor distributor licenses and new liquor
retailer licenses are available beginning Feb. 8,
2012:There is no limit on the number of licenses
that can be issued.
'Liquor distributor licensees can begin making
sales of liquor March 1, 2012. Liquor retailer
licensees can begin making sales of liquor June 1,
2012.
By June 15, 2012, the state will no longer operate
the state liquor distribution center or state liquor
stores.
Estimates assume 1,428 licensed liquor retailers
based on research from implementation of
Substitute Senate Bill 6329 that authorized beer
and wine tasting at grocery stores with a fully
enclosed retail area of 9,000 square feet and the
current number of state -operated and contract -
operated liquor stores (328).The number of
licenses is assumed to be constant for each fiscal
year.
Estimates assume 184 licensed liquor distributors,
based on the number of current Washington State
Liquor Control Board (LCB) licensed beer and ,
wine distributors, wine distributors, distilleries
and liquor importers.The number of licenses is
assumed to be constant for each fiscal year.
Estimates of impacts are measured against the
June 2011 LCB revenue forecast (forecast).
Retail liquor liter sales are estimated to grow
5 percent from increased access to Iiquor.This
assumption is based on an academic study and
growth experienced in Alberta, Canada, after
converting from state -operated liquor stores to
private liquor stores. A decrease in liquor liter
sales is estimated using the forecast price elasticity
assumption of 0.49 percent. Price elasticity
is a method used to calculate the change in
consumption of a good when price increases or
decreases. For every 1 percent increase/decrease
in price, liquor liter sales increase/decrease 0.49
percent. Growth from increased access and price
elasticity is in addition to normal 3 percent growth
in liquor liter sales assumed in the forecast.
State and Local Revenues
Actual fiscal impacts depend on liquor bottle cost
in the private market and the markup applied
by Tooth private liquor distributors and retailers.
Therefore, there is a wide range of potential fiscal
impacts.
To estimate gains or losses to the state and local
governments, the fiscal impact statement used
a model developed for prior initiatives, adjusted
to reflect the content of this initiative.The model
measures the difference between-I,CB forecasted
liquor revenues and the sum of the revenue
gains and losses (see Table 2.1 and Table 2.2,
located at the end of this Fiscal Impact Statement)
generated under the initiative using the set of
assumptions set forth below.
State and Local Government Revenue Assumptions
LCB's forecasted average bottle price for a liter
of liquor (before taxes and markup) is used to
estimate both state and private market bottle,price.
State's markup on liquor is 51.9 percent during FY
2012 and FY 2013, and 39.2 percent thereafter. ,
Total private distributor/retailer markup for liquor
sold in stores is set at a low of 52 percent and a,
high of 72 percent from March 1, 2012, to March.
1, 2014,Thereafter, the private market markup is
assumed to be a low of 47 percent and a high of
67 percent.The selected range was based on the,
following sources:
• Low markup - 25 per — is based on U.S.
Internal Revenue Service data (sales revenue
minus, cost of goods) of retail food, beverage
and liquor stores throughout the United
States.
• Higf1 markup — 45 percent —,is the total
liquor markup contained in the Washington
State Auditor review and is based on
22
Initiative Measure 1183
Initiative Measure 1183
23
information from the Distilled Spirits Council
of the United States.
To these percentages, 27 percent is added
through Feb. 28, 2014, and 22 percent is added
thereafter. These percentages represent the
total amount of new liquor distributor and
retailer license fees under the initiative. While
individual distributor and retailer actions
will vary, academic research supports an
assumption that, in the aggregate statewide,
the value of the new liquor distributor and
retailer license fees will be passed on to the
consumer in the private market markup.
SeeTable 2.3, located at the end of this Fiscal
Impact Statement.
The initiative imposes a new liquor distributor
license fee of 10 percent of total liquor revenues
from March 1, 2012, to March 1, 2014; the fee
decreases to 5 percent thereafter.The initiative
imposes a new liquor retailer license fee of 17
percent of.total liquor revenues beginning June 1,
2012.
Based on inventory information from the Retail
Owners Institute®, private liquor stores are
estimated to maintain two months of liquor
inventory. In contrast, state -operated liquor stores
maintain 1.2 months of liquor inventory. Therefore,
an additional 0.8 month of liquor liter sales to
liquor retailers is assumed during FY 2012.
If the new liquor distributor license fee totals
less than $150 million by March 31, 2013, these
licensees must pay the difference between $150
million and actual receipts by May 31, 2013.The
model estimates that $84 million to $91 million
will be paid by licensees during FY 2013 due to
this requirement.
The initiative sets a $1,320 license fee for each
liquor distribution location and a $166 license fee
for each liquor retailer license. Both fees are due
at the time of license renewal.
Liquor distributor licensees are assumed to
be subject to the wholesaling business and
occupation (B&O) tax. Liquor retailer licensees are
assumed be subject to the retailing B&O tax.
Liquor liter taxes and liquor sales taxes are
amended by the initiative, but these changes are
assumed not to increase, create or eliminate any
tax.
Except for the loss of sales in state -operated liquor
stores, estimates do not assume any change in
pricing or volume of sales of beer and wine.
State -operated liquor stores sell Washington
State Lottery products to the public.The estimate
assumes 25 percent of these sales will be lost and
remaining sales will occur in other outlets selling
Washington State Lottery products.This revenue
loss is estimated to be $1.8 million over six years.
Estimates of sales by current restaurant licensees
who sell liquor at retail are limited to changes
from price elasticity and the loss of the state's 15
percent quantity price discount to these licensees.
Estimates do not assume any change in sales by
liquor stores operated on military bases. Such
sales are assumed not to be subject to liquor liter
taxes, liquor sales taxes or B&O tax.
Estimates do not assume any change in sales by
liquor stores operated by tribes. Such sales are
assumed to be subject to liquor liter taxes and
liquor sales taxes based on current agreements
between tribes and LCB, but are not subject to
B&O tax.
No additional change is assumed for tax
avoidance/non-compliance by consumers
or migration of sales in and out of state by
consumers.These items are assumed in the
forecast price elasticity assumption.
Revenue from the state markup used to pay for
the state liquor distribution center and state
liquor store costs are netted to zero.The initiative;
eliminates both the revenue (markup) and the
costs (state liquor distribution center and state
liquor stores), which results in no additional
revenue to the state.
The initiative requires new liquor distributor
and retailer fees to be deposited into the Liquor
Revolving Fund.The Liquor Revolving Fund is
distributed by statute in the following order:
1. Payment of LCB administrative costs;
2. Distributions to state accounts for specific
purposes (such as drug and alcohol research at
the University of Washington and Washington
State University);
3. Border areas (cities, towns and counties
adjacent to the Canadian border); and
4. The remainder after these distributions:
a) 50 percent to the State General Fund;
b) 10 percent to counties; and c) 40 percent to
cities and towns.
Therefore, the model first reduces the Liquor
Revolving Fund by LCB costs, one-time and
ongoing, to determine total revenues distributed
to the State General Fund and local governments.
Other revenues (beer taxes, wine taxes, penalties,
etc.) deposited into the Liquor Revolving Fund are
assumed to be unaffected by the initiative and
continue to be shared between the state and local
governments.
Specific Local Government Revenue Assumptions
New liquor distributor and retailers license fees
must be used to maintain, in the aggregate,
Liquor Revolving Fund distributions to counties,
cities, towns, border areas and the Municipal
Research Service Center in an amount no less
than the amount received in comparable periods.
For purposes of the model, comparable period is
measured by funds forecasted for calendar year
2011.The model estimates that local distributions
will exceed the maintenance level required by the
initiative each fiscal year.
An additional $10 million is also provided to
counties, cities, towns and border areas.
Approximately 38 cities and towns impose a local
B&O tax. Using data'from the Washington State
Department of Revenue's 2008Tax Reference
Manual, total local B&O tax is approximately 10
percent of total state B&O tax. Assuming this
ratio, $3 million is estimated as new local B&O
taxes from liquor sales over six fiscal years.
Total local government revenues are the sum of
the increased Liquor Revolving Fund distributions,
the additional $10 million and local B&O tax.
Specific State Asset Assumptions
The sale of the state liquor distribution center
is estimated to generate a potential net $28.4
million in revenue. Because the sale date cannot
be precisely determined, this revenue is stated
separately and excluded from the total State
General Fund revenue estimates in the first table
above.The value of the state liquor distribution
center is estimated to be $20.4 million, based on
the King County Assessor's Office 2011 assessed
value of the property.The sale of the equipment
in the state liquor distribution center is estimated
to be $8 million, based on the 2010 Washington
State Auditor review, which assumed the sale of
$16 million in assets would return about $8 million.
Costs to sell the state liquor distribution center are
estimated to total $1 million at the time of sale.
The initiative requires LCB to sell by public auction
the right — at each state-owned store location — to
operate a liquor store upon the premises without
regard to the size of the premises if the applicant
otherwise qualifies for a liquor retailer license. All
state -operated liquor stores are leased and cannot
be transferred or assigned. In addition, of the 16.6
state -operated liquor stores, 127 are located within
one block of a grocery store. Because these factors
(location, competition and lessor) will vary by
state -operated liquor store and will affect the value
of each operating right, revenue generated from
the auction is indeterminate and not assumed in,
the model.
The initiative would repeal Engrossed Substitute
Senate Bill 5942 (ESSB 5942), which directed the
Office of Financial Management to conduct a
competitive process for the selection of a private
sector entity to lease and modernize the state's
liquor warehousing and distribution facilities.
Under ESSB 5942,'if a proposal is determined to
be in the best interests of the state by the Office
of Financial Management after consultation with
LCB and an advisory board created through
the legislation, LCB may contract with that
private entity for the lease of the state's liquor
warehousing and distribution facilities. Because it
is not known if LCB will enter into a contract, no
revenue is assumed in the model.
State and Local Expenditure Estimate Assumptions
Revenue gains will accrue to existing accounts,
the largest being the State General Fund, which
may be used for any governmental purpose as
appropriated by the Legislature.
Washington State Lottery proceeds in excess
of expenses are deposited into the State
Opportunity Pathways Account to support
programs in higher education and early learning.
Due to the loss of some lottery product sales in
state liquor stores, it is estimated that funds to
this account will decrease $1.8 million over six
fiscal years.
Each county and city is required to spend 2
percent of its share of liquor revenues on alcohol
and chemical dependency services, and these
expenditures will increase.The additional $10
million distributed to cities, towns, counties and
border areas are for enhancing public safety
programs.The remaining revenue can be used for
any allowable local government purpose.
State and Local Cost Estimate Assumptions
The fiscal impact statement does not estimate
state costs or state savings due to social impacts
from approval of the initiative. No costs are
assumed for local governments.
24
Initiative Measure 1183
Initiative Measure 1183
25
Liquor Control Board Costs
Estimated one-time and ongoing LCB costs are
assumed to be paid by the Liquor Revolving
Fund. Therefore, payment of the following costs
is reflected in the State General Fund revenue
estimate.
LCB ongoing costs for licensing, enforcement
anti administration are estimated to increase
by $350,000 for new fee -collection costs and
implementing the "responsible vendor program.'
No state costs from increased enforcement
activities are assumed in the estimate.
Assuming a closure date of June 15, 2012,
LCB will incur one-time state costs associated
with managing the closure of the state liquor
distribution center and state liquor stores.There
will be additional, one-time costs for issuing new
Iicenses.These state costs are estimated to total
$28.7 million during FYs 2012 and 2013:
• Unemployment, sick leave and vacation
-buyout costs for state employees estimated at
$11.8 million.
• Information technology changes and staff to
issue new licenses estimated at $2 7 million.
• Staffing costs to coordinate the sale of existing
inventory, termination of contract store leases,
surplus of store fixtures and auction of state -
operated store operating rights estimated at
$11 million.
Final audits of each state and contract liquor
store estimated at $1.9 million.
• Project management and additional human
resource staff estimated at $1.3 million.
Department of Revenue Costs
The Washington State Department of Revenue
will administer the collection of liquor excise tax
from licensed liquor distributors and retailers.
Costs include additional staff, information
technology changes, rule -making and policy
activities, taxpayer mailings and workshops,
supplies and materials.Total one-time state costs
are estimated to total $120,100 during FY 2012.
Ongoing costs are estimated to be $38,500 each
fiscal year beginning FY 2013,
State Indebtedness
There is $5.3 million in debt service costs for
a Certificate of Participation bond for the state
liquor distribution center that is scheduled to be
paid by Dec. 1, 2013.This one-time state cost is
assumed in FY 2014.
Table 2.1 Total Estimated State General Fund Revenues
Fiscal Year
2012
20131
014
2015
2016
2017
TOTAL
Low Markup
$5,404,000
1 $51,373,0001
$52,007,000
$36,083,000
$35,669,000
$35,244,000
$215,780,000
High Markup
$8,777,000
1 $59,054,000
1 $58,372,000
$42,164,000
$49,904,000
$49 960,000
$252.831,000
Table 2.2Total Estimated Local Government Revenues
Fiscal Year
20121
2013
20141
2015
20161
20171
TOTAL
Low Markup
$6,012,000
1 $56,913,000
$42,500,000
1 $27,973,000
$26,757,000
$25,492,000
$185,647,000
High Markup
$8,361,000
1 $63,034,000
$50,741,000
1 $35,770,000
$34,949,0001
$34,098,000
$226,953,000
Table 2.3 Markup Assumptions
Fiscal Year
2012
2013
July 1, 2013, to
Feb. 28, 2014
March 1, 2014,
to June 30, 2014
2015
2016
2017
State Markup
51.9%
51.9%
39.2%
39.2%
39.2%
39.2%
39.2%
Low Markup
52%
52%
52%
47%
47%
47%
47%
High Markup
1 72%
72%
72%
67%
67%
67%
670 o
Argument For
Initiative Measure 1183
Initiative 1183 gets our state government out of the business of
distributing and selling liquor
1-1183 ends Washington's. outdated state liquor store
monopoly and allows consumers to buy spirits at licensed
retail stores, like consumers do in most other states. It
allows a limited number of grocery and retail stores to get
licenses to sell liquor, if approved by the Liquor Control
Board, and prevents liquor sales at gas stations and
convenience stores.
1183 provides vitally -needed new revenues for state and local
services
Distributors and stores approved for liquor licenses will
pay a percentage of their sales as license fees, generating
hundreds of millions of dollars in new revenues for state
and local services like education, health care and public
safety.
1183 strengthens laws governing the sale of liquor
1183 doubles penalties for retailers who sell spirits to
minors, ensures local input into which grocery and
retail stores get liquor licenses, mandates new training
programs and increases compliance requirements for
retailers, and dedicates new revenues to increase funding
for local police, fire, and emergency services statewide.
1183 eliminates outdated wine regulations
1183 eliminates outdated regulations that currently restrict
price competition and wholesale distribution of wine in
Washington.This will help small Washington wineries and
lead to better selections and more competitive wine prices
for consumers.
Yes on 1183 will create true competition in liquor and wine
distribution and sales, strengthen liquor law enforcement,
benefit Washington taxpayers and consumers, and generate
vitally needed new revenues for state and local services.
Rebuttal of Argument Against
The campaign against 1183 is funded by big national
liquor distributors that profit from Washington's outdated
liquor monopoly.Their claims are false and self-serving.
1183 specifically prevents liquor sales at gas stations and
convenience stores, doubles penalties for selling spirits
to minors and generates hundreds of millions in new
revenues -to schools, health care, police and emergency
services without raising taxes.That's why community
leaders, law enforcement officials and taxpayer advocates
support yes on 1183.
Argument Prepared by
Anthony Anton, President, Washington Restaurant
Association; Eric Robertson, Former Captain, Washington
State Patrol; Daniel J. Evans, Former Governor of Washington, -
Cherie Myers, Washington State Chair, Northwest Grocery
Association; Bob Edwards, Former President, Association of
Washington Cities; John Morgan, Winemaker/Board Member,
Family Wineries of Washington State.
Contact: (800) 956-3460; info @YESon1183.com;
www.YESonll83.com
Argument Against
Initiative Measure 1183
Last year more than one million Washingtonians voted
"no" twice to big box stores and grocery chains selling
liquor. Yet despite the clear message we sent, they're back
again spending millions to push 1-1183. What part of "no"
don't they understand?
More Consumption, More Problems
Alcohol already kills more kids than all other drugs
combined.Yet 1183 allows more than four times as many
liquor outlets.The Centers for Disease Control recently
came out against privatization because it leads to a 48
percent or more increase in problem drinking.That means
more underage drinking and crime, overburdening police
and first responders.
Mini -Mart Loophole
1183 is another flawed measure designed to benefit the big
chains, not the public. It gives chains an unfair competitive
advantage over smaller grocers, while a major loophole
written into the measure will allow mini -marts to sell liquor
across much of the state. State stores have one of the best
enforcement rates in the country; groceries, gas stations
and mini -marts sell to teenagers one time out of four.
Higher Taxes on Consumers .
The sponsors of this measure say it increases government
revenue. But they do it by creating a new 27 percent tax
passed on to consumers. Ask yourself: when was the last
time a big corporation spent millions, twice, to try and save
us money?
Firefighters, first responders, and law enforcement leaders
oppose 1183. It's too risky, and too high a price to pay for a
little convenience. Vote no on 1183.
Rebuttal of Argument For
The Liquor Control Board determined 1183 contains
loopholes that enable mini -marts and gas stations to sell
liquor. Local independent grocers oppose 1183 because
it tilts the rules against them. And 1183 creates a new 27
percent hidden tax passed onto consumers, raising taxes
to fund corporate profits. Four times the number of outlets
is too much. 1183 is another flawed, risky initiative putting
corporate profits over our safety.The responsible choice:
Vote no 1183.
Argument Prepared by
Jim Cooper, Washington Association for Substance Abuse
and Violence Prevention; Alice Woldt, Co -Director, Faith
Action Network; Kelly Fox, President, Washington State
Council of Firefighters; Sharon Ness, RN, Acute Care Nurse;
Craig Soucy, Emergency Medical Technician, Renton Fire
and Emergency Services;,LindaThompson, Executive
Director, Greater Spokane Substance Abuse Council.
Contact: (206) 436-6535; info@ protectourcommunities.com;
www.protectourcommunities.com
Senate Joint Resolution 8205 Senate Joint RRM15.
d��
Senate Joint Resolution
8205
Proposed to the People by the Legislature
Amendment to the State Constitution:
The legislature
has proposed a
constitutional
amendment on
repealing article
Vl. section 1A, of
the Washington
Constitution.
This amendment would remove an inoperative
provision from the state constitution regarding
the length of time a voter must reside in
Washington to vote for president and vice-
president.
Should this constitutional amendment be:
[ ] Approved
C ] Rejected
Votes cast by the 2011 Legislature on final passage:
Senate:Yeas, 46; Nays, 0; Absent,;0; Excused, 3
House: Yeas, 92; Nays, 0; Absent, 0; Excused, 5
You are voting to Approve or Reject
the bill passed by the Legislature
Approve_ - you favorthe bill passed
by.the Legislature.
Reject -you don't favorthe bill passed
by the Legislature.
The Official Ballo€Title and the Explanatory Statement
were written by the Attorney General as required by law,
The Secretary of State is not responsible for the content of
arguments or statements (WAG 434-381-180).The complete
text of Senate Joint Resolution 8205 is located at the end of
this pamphlet.
Explanatory Statement
Written by the Office of the Attorney,GeneraI
The Constitutional Provision as it
Presently Exists
The Washington Constitution currently contains
two provisions relating to the length of time that a
person must be a resident of Washington in order
to vote. One of those provisions, article VI, section
1A, is inoperative because of court decisions and
a more recent amendment to the other provision,
article VI, section 1.
Article VI, section 1, provides that all citizens who
are at least eighteen years old are entitled to
vote if they have lived in the state, county, and
precinct for at least 30 days before the election.
The second provision, article Vl, section 1A, states
that all citizens of the United States who become
residents of Washington during a presidential
election year may vote for the offices of president
and vice president if they resided in Washington
for at least 60 days before the election.
The voters added article VI, section 1A, to the
state constitution in 1966 as Amendment 46.
At that time, article Vl, section 1, of the state
constitution required voters to reside in the state
for a full year prior to voting and, in addition,
required that they live in the county for 90 days
and the city, town, ward, or precinct for 30 days
before the election. Therefore, when section 1A
was added to the constitution in 1966, it provided
a more lenient residency requirement so that new
residents of the state could vote for president and
vice president after a shorter,"60-day period of
residency.
After the voters approved adding .section 1A to
the state constitution, the United States Supreme
Court ruled that any requirement that voters
five in a particular place longer than 30 days in
order to vote is unconstitutional. Based upon
that holding, the Washington Supreme Court
held that the 90-day county and one-year state
residency requirements stated in article VI, section
1, were unconstitutional. Washington voters then
approved amending article VI, section 1, to read
as it does today in ❑rder to conform to the court
decisions, but this amendment did not repeal
or change articleVl, section 1A. Washington law
therefore currently entitles all -otherwise -qualified
citizens to vote if they have resided within the
state, county, and precinct for at least 30 days.
ArticleVl, section 1A, remains part of the state
constitution, but has no operative effect.
The Effect of the Proposed Amendment,
if Approved
This measure proposes to amend the state
constitution to remove article Vl,.section 1A, from
the state constitution. The state constitution would
continue to entitle all otherwise-eligible'citizens of
the United States to vote if they have resided in
Washington, and in their county and precinct, for
at least 30 days before the election..
Fiscal Impact Statement
Not required by law
Address Confidentiality Program
If you are a victim of domestic violence,
sexual assault, trafficking, and/or
stalking, or if you are a criminal justice
participant who is a target of felony
harassment because of the work you
do; and have chosen not to register
to vote because you are afraid your,
perpetrator will locate you through
voter registration records, the Office of
the Secretary of State has a program
that might be able to help you.
The Address Confidentiality Program
(ACP) works together with community
dorrlestic violence and,sexual assault
programs in an effort to keep crime
victims safer.
The ACP provides participants with a
substitute address that can be used
when conducting, business with state
or local government agencies: ACP
participants are eligible to register as
Protected Records Voters, meaning
the registration information is not
public record. All ACP participants
must be referred to the program by
a local domestic violence or sexual
assauIt- advocate who can help
develop a comprehensive safety plan.
Need more information? Call the ACP
toll -free at (800) 822-1065 or visit
www.sos.wa.gov/acp.
_J
Senate Joint Resolution 8205
T
Senate Joint Resolution 8206
29
Argument For
Senate Joint Resolution 8205
SJR 8205 fixes conflicting voter residency requirements
in the Washington Constitution. Article Vl, Section 1 of
the Washington State Constitution aIlows a U.S. citizen
to vote in all elections after they have resided in the state
for 30 days. Article VI, Section 1A of the Washington
State Constitution requires that a U.S. citizen reside in
the State for 60 days before they can vote for President.
While the courts have held that the shorter 30 day
residency requirement applies to presidential primaries,
there is a need to clean up our constitution and make
its provisions consistent. SJR 8205 fixes this conflict by
removing Section I and the conflicting 60 day residency
requirement. This clarifies that the shorter 30 day voter
residency requirement is the constitutional standard
for all elections in the state, including the presidential
election. Please vote to "approve" SJR 8205 to ensure
that our state constitution is consistent.
Rebuttal of Argument Against
No information submitted
Argument Prepared by
Mike Carrell, State Senator, 28th Legislative District; Sam
Hunt, State Representative, 22nd Legislative District
Contact: (253) 581-2859; mikecarrell@hotmail.com
Argument Against
Senate Joint Resolution 8205
No one consented to write an argument agpinst this ballot
measure.
Rebuttal of Argument For
No information submitted
Argument Prepared by
No information submitted
Contact: No information submitted
i',Senate Joint Resolution
v8206
Proposed to the People by the Legislature
Amendment to the State Constitution:
The legislature
has proposed a
constitutional
amendment on the
budget stabilization
account maintained in
the state treasury.
This amendment would require the legislature
to transfer additional moneys to the budget
stabilization account in each fiscal biennium
in which the state has received "extraordinary
revenue growth," as defined, with certain
limitations.
,Should this constitutional amendment be:
[ ] Approved
'[ l Rejected
Votes cast by the 2011 Legislature on final passage:
Senate: Yeas, 47; Nays, 0; Absent, 0; Excused, 2
House:Yeas, 76; Nays, 10; Absent, 0; Excused, 12
0 You are voting to Approve or Reject
the bill passed by the Legislature
Approve - you favorthe bill passed
by the Legislature.
Reject -you don't favor the bill passed
by the Legislature.
The Official BallotTitle and the Explanatory Statement
were written by the Attorney General as required by law.
The Secretary of State is not responsible for the content of
arguments or statements (WAC 434-381-180).The complete
text of Senate Joint Resolution 8206 is located at the end of
this pamphlet.
Explanatory Statement
Written by the Office of the Attorney General
The Constitutional Provision as it
Presently Exists
Article VII, section 12 of the Washington
Constitution requires a budget stabilization
account to be maintained in the state treasury.
By the end of each fiscal year (June 30 of each
year), the legislature must transfer to the budget
-stabilization account an amount equal to one
percent of the general state revenues for that
fiscal year. The legislature may approve the
transfer of additional amounts. "General state
revenues" meens all state revenues that are not
derived from a state undertaking or dedicated
to a particular purpose, as set forth in article VIII,.
section 1 of the Washington Constitution.
Article VII, section 12 also authorizes the
legislature to withdraw money from the budget
stabilization account. The legislature may do,so
by majority vote in two situations: (1) during a
fiscal year in which the governor declares a state
of emergency in response to a catastrophic event
that requires government action to protect life or
public safety; or (2) in a fiscal year for which the
forecasted state employment growth is estimated
to- be less than one percent. In addition, at any
time the balance in the budget stabilization
account exceeds ten percent of estimated
general state revenues for that fiscal year, the
legislature by majority vote may transfer the -
amount in excess of ten percent to the education
construction fund. Otherwise, a three -fifths
vote of the legislature -is required to withdraw
or transfer money from the budget stabilization
account. All relevant estimates of employment
and revenue are made by the state economic and
revenue forecast council.
The Effect of the Proposed Amendment,
if Approved
The proposed amendment to article VII, section
12 would require additional revenue to be
transferred to the budget stabilization account in
any fiscal biennium in which there has been
W
Senate Joint Resolution 8206
Senate Joint Resolution 8206
31
"extraordinary revenue growth," with certain
limitations. "Extraordinary revenue growth"
is defined by reference to a baseline consisting
of the average biennial percentage growth in
general state revenues over the preceding five
biennia. Any growth in general state revenue that
is more than one-third greater than the baseline
is defined as "extraordinary revenue growth'
l.n determining,whether "extraordinary revenue
growth" has occurred, historical general state
revenues must be adjusted to reflect statutory
changes to revenue dedication.
The legislature would be required to transfer
three -fourths of that "extraordinary revenue
growth" to the budget stabilization account,
subject to two limitations. First, no transfer of
"extraordinary revenue growth" is required where
annual average state employment growth during
the preceding fiscal biennium averaged less than
one percent per fiscal year. Second, no transfer
of "extraordinary revenue growth" is required
unless the transfer would exceed the amount
already transferred to the budget stabilization
account during the fiscal biennium, under present
law. The deadline for transferring the additional
revenue would be the end of each fiscal biennium
(June 30 in odd -numbered years).
No change would be made to the legislature's
authority to withdraw money from the budget
stabilization account.
Fiscal Impact Statement
Not required by law
Argument For
Senate Joint Resolution 8206
Overwhelming Bipartisan Support for Strengthening Voter -
Approved Rainy Day Fund
In 2007, voters approved the creation of a constitutionally -
protected rainy day fund that requires state government
to set aside 1% of revenues annually for hard times. SJR
8206, a bipartisan measure, strengthens this fund by
requiring a portion of "extraordinary" revenue -
that which exceeds 133% of historical average growth -
be saved, rather than spent.
Use Good Economic Times to Prepare for Bad
State government should save more money during good
times, like the housing boom of several years ago when
revenue grew at more than twice the historical average.
Saving more of this windfall would have better prepared
the state for the downturn that followed.
Approving SJR 8206 will help: Build stronger reserves,
leaving the state better prepared for difficult economic
times; and Keep spending at a more sustainable level,
limiting expansions based on unexpected or windfall
revenue.
Protect Vital Services
A robust rainy day fund protects crucial state services like
education and healthcare from deep cuts in bad economic
times like we are experiencing now. Putting extraordinary
revenue in the fund provides this cushion.
Plan for the Future
Just as your family would not take on unsustainable
commitments if you received an unexpected windfall,
neither should Olympia. SJR 8206 puts windfall revenue in
the rainy day fund for extraordinary use, protecting state
services from equally unexpected downturns. Help put an
end to roller coaster budgeting -Vote yes on SJR 8206!
Rebuttal of Argument Against
Opponents argue for permitting budgets to be built on
unsustainable revenue spikes.This is simply not prudent.
Extraordinary revenue spikes should be saved in the
constitutionally -protected rainy day fund, not immediately
spent.This will prevent unsustainable spending increases
and help protect vital services when times get tough.
Passed with overwhelming bipartisan support, SJR 8206
is prudent, thoughtful policy aimed at better management
and control 'of state spending. End roller coaster
budgeting - please vote yesl
Argument Prepared by
Joseph Zarelli, State Senator, Republican, Ridgefield, 18th
Legislative District; Ross Hunter, State Representative,
Democrat, Medina, 48th Legislative District; James
McIntire, Washington State Treasurer.
Contact: No information submitted
,Argument Against
Senate Joint Resolution 8206
In 2007 voters amended the constitution to create'a "rainy
day fund" as a way to force the legislature to save money
for bad times. 1% of general funds go into savings for hard
times (currently almost $300 million). It's working well.
8206 requires more than the 1% that voters approved - it
would also require that "extraordinary revenues" go into
savings. While it sounds like a good idea to save more -
the result is people paying taxes and getting nothing for,
it, except a bigger savings account.
Budget cuts from hard times couldn't be back -filled with
this money, so people would have to live with fewer
teachers and nurses, less fish and wildlife enforcement,
less clean air, monitoring, fewer roads and job creation,
all while there was money in the bank waiting for the next
recession.
Many people hate it when their bank makes them keep
a minimum balance on hand when bills are due. 8,06
would effectively raise that minimum balance so class
sizes get bigger, prisoners get released early, there is
less law enforcement, and there is less help available to
people in need.
8206 decreases the amount of taxpayer money that can
be used for things taxpayers want and need (and paid
for) so it can sit in an already existing rainy'day fund
with plenty of money in it. It means budget cuts become
permanent and you aren't getting the government you
paid for. Please vote no.
Rebuttal of Argument For
The existing rainy day fund is $300 million worth of
proof that the state is using good economic times to
plan for the future. No family puts "extra" money in their
savings account when there are still important needs to
be met, and government shouldn't either. Continue the
constitutionally protected savings account, and allow
other revenue to be used for backfilling budget cuts made
during the recession. Please vote no on SJR 8206.
Argument Prepared by
Zack Hudgins, State Representative, 11th District;
Sam Hunt, State Representative, 22nd District;
Mary Lou Dickerson, State Representative, 36th District;'
Bob Hasegawa, State Representative, 11th District;
Jamie Pedersen, State Representative, 43rd District;
Jeff Johnson, President, Washington State Labor Council,
AFL-CIO.
Contact: No information submitted
32
33
Civics pop quiz!
Put your civic knowledge to the test, or challenge friends and family.
� President of the United States? �
�. Who elects the
call changes to the Constitution?
2. What do we our state.
3. Name two U.S• Senators from Y 4n the U.S.
4. Haw Many
voting members are
ntatives?
House of Represe
5. Who said ' Cave rn
e liberty or give r'e death?"
6 Who was the
main writer of the Declaration
oflndependence? endence
7.
When was the Declaraton of lndep
adopted? ation do?
� the Smipation proclam
8 What did ancrantee
the amendments that 9ua
g• [dame
voting rights. R
overnment does the
yp_ Un at tedWind
ate shave?
United
Because We Are Washington
by Bronte, age 15
Answers ollgndaa y 'pL
sluawpuawe 419Z pue 41t�Z '4166 '4191, 941 '6 AJGAels paysllogy '8 9LLL 'ti AInf 'L uosaaSJap sewogj '9
AauaH )IOUled '9 gEti -V Ilannlueo elaeA pue AeaanA Ailed 'E sluawpuauad .Z 9691100 lea010813 a41 ' L
Questions and answers from the U.S. Citizenship and Immigration Civics Flash Cards
Kids can vote
in the Mock Election!
Kids vote at www.vote.wa.gov
Online voting is open from 9 a.m. on October 31
until 1 p.m. on November 4.
Voting online is fast and easy. Free activities
and lesson plans are also available to download.
Kids in grades 6-12 can vote for real initiatives
in the online Mock Election; students grades K-5
will be given a more age -appropriate ballot.
Sponsored by the Office of the Secretary of State.
Artwork by Jack Sovelove, Lopez Island Elementary (grade 4)
Whatcom County official
Local Voters" Pamphlet
November 8, 2011 General Election
Table of Contents
Auditor's Letter to Voters............................................................................. 35
SampleBallot..........................................................................................
36-40
Candidates................................................................................................41-78
Portof Bellingham.........................................................................................................41
WhatcomCounty .......................................... ............................................................
41-46
Cityof Bellingham...................................................................................................
46-49
Cityof Blaine............................................................................................................
49-50
Cityof Everson.........................................................................................................
50-51
Cityof Ferndale.........................................................................................................51-54
Cityof Lynden..........................................................................................................
54-55
Cityof Nooksack......................................................................................................
55-56
Cityof Sumas...........................................................................................................
56-57
SchoolDistricts.........................................................................................................57-63
FireProtection Districts...........................................................................................
64-69
WaterDistricts..........................................................................................................
69-73
CemeteryDistricts ......................... .......................................... .................................
73-76
Park and Recreation Districts ........................ ...........................................................
76-78
HospitalDistricts............................................................................................................78
BallotMeasures.......................................................................................
79-83
ReturningYour Ballot.................................................................................... 84
Accessible Voting Unit................................................................................. 85
Ballot Measure Complete Text.................................................................
86-89
Additional Voter Information is available at: wei.secstate.wa.gov/whatcom
BOOM cp
P G'L
�4sN! 4+l GT 0�
Dear Whatcom County Voter:
Auditor's Letter to Voters 35
The future of Whatcom County is literally at your fingertips as you vote your November General
Election ballot. The potential for great changes within our county is up to you; your vote will have
a direct influence on our future. I encourage you to read the candidate statements provided within
this pamphlet, visit candidates' websites, and attend candidate forums before making a decision
that will have an effect on everyone. Also, enclosed in this pamphlet are ballot measures with
explanatory statements and arguments for and against the proposed measures in addition to voter
information.
As I serve the balance of my term of office, I extend my sincere gratitude to the citizens of Whatcom
County for allowing me to be your auditor for the last 24 years. I am humbled and honored to
have served Whatcom County. I will move into retirement with pride knowing I served the greatest
county in Washington State! Thank you.
Sincerely,
Shirley Forslof
Whatcom County Auditor
Participating Jurisdictions:
Port of Bellingham; Whatcom County Executive, Assessor, Auditor, Sheriff, and Treasurer; Whatcom County Council Districts 1, 2, and 3; City
of Bellingham Mayor; City of Bellingham Council Wards 1, 3, 5, and At -Large; City of Blaine Council Wards 1, 2, and 3; City of Everson Council
Positions 4 and 5; City of Ferndale Mayor; City of Ferndale Council Positions 1, 2, 3, and 4; City of Lynden Council Positions 1, 2, 3, and 4; City
of Nooksack Council Positions 2, 4, and 5; City of Sumas Council Positions 3 and 5; Bellingham School District 501; Ferndale School District
502; Blaine School District 503; Lynden School District 504; Meridian School District 505; Nooksack Valley School District 506; Mt. Baker School
District 507; Concrete School District 11; Whatcom County Fire Protection Districts 1, 4, 5, 7, 8, 11, 14, 16, 17, 18, and 21; Glacier Fire and Rescue;
South Whatcom Fire Authority; Water Districts 2, 7, 13; Point Roberts Water District 4; Birch Bay Water and Sewer District; Lake Whatcom Water
and Sewer District; Sam ish Water District; Glacier Water District 14; Acme Water District 18; Columbia Valley Water District; Cemetery Districts
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11; Point Roberts Park and Recreation District 1; Northwest Park and Recreation District 2; Lynden Regional Park
and Recreation District 3; Hospital District 304; Point Roberts Public Hospital District
Published by the Whatcom County Auditor's Office: www.whatcomcouhty.us/auditor
How do I know my ballot has been received by the Auditor's Office?
Go to: http://`wei.secstate.wa.gov/whatcom
t
36 Sample Ballot
37
Sample Ballot
Whatcom County, Washington
General Election - November 8, 2011
Not all districts and measures on this
sample will appear on your ballot. Only the
district and measures that you're entitled
to vote on will appear.
STATE MEASURES
Proposed by Initiative Petition
Initiative Measure No. 1125
Initiative Measure No. 1125 concerns state expenditures
on transportation. This measure would prohibit the use of
motor vehicle fund revenue and vehicle toll revenue for non -
transportation purposes, and require that road and bridge tolls
be set by the legislature and be project -specific.
Should this measure be enacted into law? Yes [ ] No [ ]
Initiative Measure No. 1163
Initiative Measure No. 1163 concerns long-term care workers and
services for elderly and disabled people. This measure would
reinstate background checks, training, and other requirements
for long-term care workers and providers, if amended in
2011; and address financial accountability and administrative
expenses of the long-term in -home care program.
Should this measure be enacted into law? Yes [ ] No [ ]
Initiative Measure No. 1183
Initiative Measure No. 1183 concerns liquor: beer, wine, and
spirits (hard liquor). This measure would close state liquor stores
and sell their assets; license private parties to sell and distribute
spirits; set license fees based on sales; regulate licensees; and
change regulation of wine distribution.
Should this measure be enacted into law? Yes [ ] No [ ]
Proposed to the People by the Legislature
Amendment to the State Constitution
Senate Joint Resolution No. 8205
The Legislature has proposed a constitutional amendment on
repealing article VI, section 1A, of the Washington Constitution.
This amendment would remove an inoperative provision from
the state constitution regarding the length of time a voter must
reside in Washington to vote for president and vice-president.
Should this constitutional amendment be:
Approved [ ] Rejected [ ]
Senate Joint Resolution No. 8206
The legislature has proposed a constitutional amendment on the
budget stabilization account maintained ,n the state treasury.
This amendment would require the legislature to transfer
additional moneys to the budget stabilization account in each
fiscal biennium in which the state has received "extraordinary
revenue growth," as defined, with certain limitations.
Should this constitutional amendment be:
Approved [ ] Rejected [ ]
Whatcom County Charter Amendment No. 1
(Submitted by the County Council)
Salary Commission
The Whatcom County Council has proposed an amendment to
the Whatcom County Charter concerning establishment of an
independent salary commission. This measure would establish
To Vote Your Official Ballot
• To Vote: Use either blue or black ink. Do not use a felt tip pen or
penal. Connect the Head and Tail of the arrow that points to your
choice with a Single Line as shown.
• To Correct A Mistake: Draw a line throug h the incorrect choice
like this: Jahn Dee 4--M or YES 4--M
You then have the option of making another choice if you wish.
• Overvote: More than one vote for an office or measure will be
an overvote and no votes for that office or measure will be counted
• Write -In: To vote for a person not on the ballot, connect the arrow
and write in the name of the person on the line provided.
an independent salary commission to fix the compensation of
Whatcom County elected officials, subject to a referendum by
the people. Should this proposal be approved? Yes _ No
PORT OF BELLINGHAM
Commissioner District 3, Nonpartisan 4-Year Term
(Vote for One)
Jim Jorgensen
Michael J. Murphy
WHATCOM COUNTY
County Executive, Nonpartisan 4-Year Term (Vote for One)
Doug Ericksen
Jack Louws
County Council District 1, Position B, Nonpartisan
4-Year Term (Vote for One)
Tony Larson
Pete Kremen
County Council District 2, Position B, Nonpartisan
4-Year Term (Vote for One)
Sam R. Crawford
Christina Maginnis
County Council District 3, Position B, Nonpartisan
4-Year Term (Vote for One)
Barbara Brenner
Alan Black
County Assessor, Nonpartisan 4-Year Term (Vote for One)
Keith M. Willnauer
County Auditor, Nonpartisan 4-Year Term (Vote for One)
J. Lynne Walker
Debbie Adelstein
County Sheriff, Nonpartisan 4-Year Term (Vote for One)
Bill Elfo
Steve Harris
County Treasurer, Nonpartisan 4-Year Term (Vote for One)
Steven Oliver
Brian Smith
City of Bellingham Initiative No. 2011-01
City of Bellingham Initiative No. 2011-01 concerns automated
traffic safety cameras. This measure would require the removal
of any automated cameras used to issue tickets for stoplight,
railroad crossing, and school zone violations installed under a
2010 ordinance and prohibit the installation of such cameras to
issue tickets, unless approved by City Council and a majority of
voters at an election, and limit the penalty to the lowest parking
ticket fine.
Should this measure be enacted into law? Yes?_ No?_
CITY OF BELLINGHAM
City of Bellingham Mayor, Nonpartisan 4-Year Term
(Vote for One)
Daniel V. Pike
Kelli Linville
City of Bellingham Council Ward 1, Nonpartisan 4-Year
Term (Vote for One)
Jack Weiss
City of Bellingham Council Ward 3, Nonpartisan 4-Year
Term (Vote for One)
Cathy Lehman
Barry Buchanan
City of Bellingham Council Ward 5, Nonpartisan 4-Year
Term (Vote for One)
Terry Bornemann
City of Bellingham Council At -Large, Nonpartisan 2-Year
Term (Vote for One)
Seth Fleetwood
Larry Farr
CITY OF BLAINE
City of Blaine Council Ward 1 Position 1, Nonpartisan
4-Year Term (Vote for One)
Ken Oplinger
City of Blaine Council Ward 2 Position 3, Nonpartisan
4-Year Term (Vote for One)
Dennis M. Olason
City of Blaine Council Ward 3 Position 5, Nonpartisan
Short and Full 4-Year Term (Vote for One)
Clark Cotner
CITY OF EVERSON
City of Everson Council Position 4, Nonpartisan Short
and Full 4-Year Term (Vote for One)
Eric Oettel
City of Everson Council Position 5, Nonpartisan 4-Year
Term (Vote for One)
Andy Rowlson
Andrew (Andy) Jewell
CITY OF FERNDALE
City of Ferndale Mayor, Nonpartisan 4-Year Term
(Vote for One)
Gary S. Jensen
Lloyd Zimmerman
City of Ferndale Council Position 1, Nonpartisan 4-Year
Term (Vote for One)
Cathy Watson
Steve Malpezzi
City of Ferndale, Council Position 2, Nonpartisan 4-Year
Term (Vote for One)
Melvin Hansen
Kelli A. Eshuis
City of Ferndale Council Position 3, Nonpartisan 4-Year
Term (Vote for One)
J. Manuel Reta
Keith M. Olson
City of Ferndale Council Position 4, Nonpartisan 4-Year
Term (Vote for One)
Paul S. Ingram
Terese E. VanAssche
CITY OF LYNDEN
City of Lynden Council Position 1, Nonpartisan 4-Year
Term (Vote for One)
Gary L. Bode
City of Lynden Council Position 2, Nonpartisan 4-Year
Term (Vote for One)
Ronald DeValois
City of Lynden Council Position 3, Nonpartisan 4-Year
Term (Vote for One)
Gerald (Jerry) Kuiken
City of Lynden Council Position 4, Nonpartisan 4-Year
Term (Vote for One)
Brent Lenssen
CITY OF NOOKSACK
City of Nooksack Council Position 2, Nonpartisan 2-Year
Unexpired Term (Vote for One)
Daniel Bennett
Peter G. Lubetich
City of Nooksack Council Position 4, Nonpartisan 4-Year
Term (Vote for One)
Scott Bodven
City of Nooksack Council Position 5, Nonpartisan 4-Year
Term (Vote for One)
Chuck Betker
Marshall Judy
CITY OF SUMAS
City of Sumas Council Position 3, Nonpartisan 4-Year
Term (Vote for One)
Todd Daniels
City of Sumas Council Position 5, Nonpartisan 4-Year
Term (Vote for One)
Gary deBont .
BELLINGHAM SCHOOL DISTRICT 501
Director Position 1, Nonpartisan 4-Year Term (Vote for One)
Camille Diaz Hackler
Director Position 2, Nonpartisan 4-Year Term (Vote for One)
Ken Gass
Director Position 3, Nonpartisan 4-Year Term (Vote for One)
Kelly Bashaw
FERNDALE SCHOOL DISTRICT 502
Director District 1, Nonpartisan Short and Full 4-Year
Term (Vote for One)
Kevin Erickson
Director District 2, Nonpartisan 4-Year Term (Vote for One)
Stuart McKay
Jeffrey Marks
Director District 3, Nonpartisan Short and Full 4-Year
Term (Vote for One)
Tim Ballew
Hugh Foulke
BLAINE SCHOOL DISTRICT 503
Director District 1, Nonpartisan 4-Year Term (Vote for One)
Campbell McClusky
Director District 2, Nonpartisan 4-Year Term (Vote for One)
Todd Berge
Director District 4, Nonpartisan 4-Year Term (Vote for One)
Charles Gibson
38 Sample Ballot (Cont.)
39
LYNDEN SCHOOL DISTRICT 504
Director Position 1, Nonpartisan 4-Year Term (Vote for One)
Dominic Shiu
Director Position 2, Nonpartisan 4-Year Term (Vote for One)
Gary A. Vis
Director Position 3, Nonpartisan 4-Year Term (Vote for One)
Kevin Burke
Director Position 4, Nonpartisan 2-Year Unexpired Term
(Vote for One)
Stephan Jilk
MERIDIAN SCHOOL DISTRICT 505
Director District 1, Nonpartisan 4-Year Term (Vote for One)
Craig L. Wasilewski
Director District 4, Nonpartisan 4-Year Term (Vote for One)
Marty R. Gray
Director District 5, Nonpartisan 4-Year Term (Vote for One)
John Bosche
NOOKSACK VALLEY SCHOOL DISTRICT 506
Director District 3, Nonpartisan 4-Year Term (Vote for One)
Cheryl Thornton
Director District 4, Nonpartisan 4-Year Term (Vote for One)
Chris Haugen
Director District 5, Nonpartisan 4-Year Term (Vote for One)
Mark Olson
MT. BAKER SCHOOL DISTRICT 507
Director District 1, Nonpartisan 2-Year Unexpired Term
(Vote for One)
Gary Chadwick
Director District 2, Nonpartisan 4-Year Term (Vote for One)
Ellen Dodson
Director District 3, Nonpartisan 4-Year Term (Vote for One)
Trish Hart
Director District 5, Nonpartisan 4-Year Term (Vote for One)
Russ Pfeiffer -Hoyt
CONCRETE SCHOOL DISTRICT 11
Director District 2, Nonpartisan 4-Year Term (Vote for One)
Merlene Buller
Director District 3, Nonpartisan 2-Year Unexpired Term
(Vote for One)
Gladys Silrus
Director District 5, Nonpartisan 4-Year Term (Vote for One)
Tony Hansen ,
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 1
Commissioner Position 1, Nonpartisan 4-Year Unexpired
Term (Vote for One)
Tim Wells
Mannix McDonnell
Rod Lofdahl
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Orran Dodson
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 4
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Steve Ness
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 5
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Bill H. Meursing
Ed Demezzi
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 7
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Gerald D. Metzger
Kurt Jensen
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 8
Commissioner Position 4, Nonpartisan Short and Full
6-Year Term (Vote for One)
Gail Kelley
Commissioner Position 5, Nonpartisan 6-Year Term
(Vote for One)
L.H. (Butch) Markhart
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 11
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Wendell L. Terry
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 14
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Chris Moe
Leonard (Shorty) Bjornstad
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 16
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Henry M. Maleng
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 17
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Ralph Peterson
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 18
Commissioner Position 1, Nonpartisan 4-Year Unexpired
Term (Vote for One)
Patrick E. Bistline
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Socorro D. Ruiz
GLACIER FIRE AND RESCUE
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Jan Eskola
WHATCOM COUNTY FIRE PROTECTION
DISTRICT 21
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Bill Salter
Kelly Gambini
Commissioner Position 4, Nonpartisan 6-Year Term
(Vote for One)
Rich Bosman
Commissioner Position 5, Nonpartisan 6-Year Term
(Vote for One)
Larry McPhail
Dean A. Berkeley
SOUTH WHATCOM FIRE AUTHORITY
Commissioner District 2, Nonpartisan 6-Year Term
(Vote for One)
Winton Wafer
Commissioner District 3, Nonpartisan 6-Year Term
(Vote for One)
Bob Ekdahl
WATER DISTRICT 2
Commissioner Position 1, Nonpartisan 4-Year Unexpired
Term (Vote for One)
Chuck Foster
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Greg Christensen
WATER DISTRICT 7
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Wendell Poole
WATER DISTRICT 13
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Thomas L. Watkins
POINT ROBERTS WATER DISTRICT 4
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Scott Hackleman
BIRCH BAY WATER AND SEWER DISTRICT
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Don Montfort
LAKE WHATCOM WATER AND SEWER DISTRICT
Commissioner District 1, Nonpartisan 4-Year Unexpired
Term (Vote for One)
Laura Weide
Commissioner District 2, Nonpartisan 6-Year Term
(Vote for One)
Todd Citron
Commissioner District 5, Nonpartisan Short and Full
6-Year Term (Vote for One)
John W. Millar
SAMISH WATER DISTRICT
Commissioner Position 1, Nonpartisan 4-Year Unexpired
Term (Vote for One)
Gordon Nolan
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Mike Roberts
GLACIER WATER DISTRICT 14
Commissioner Position 2, Nonpartisan 6-year Term
(Vote for One)
Ellen Baker
ACME WATER DISTRICT 18
Commissioner Position 1, Nonpartisan 4-Year Unexpired
Term (Vote for One)
Patrick Booth
Commissioner Position 2, Nonpartisan Short and Full
6-Year Term (Vote for One)
Gabriel Harder
COLUMBIA VALLEY WATER DISTRICT
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Shane Janitscheck
Gerald Kern
Commissioner Position 3, Nonpartisan 2-Year Unexpired
Term (Vote for One)
Victoria Anderson
Ben Kjeldgaard
Whatcom County Cemetery District No. 1
Proposition No. 1
Levy Lid Lift
The Board of Cemetery Commissioners of Cemetery District
#1, Whatcom County Washington, adopted Resolution No,
01-11 concerning a proposition to restore the District's regular
property tax levy. The proposition authorizes the District to
restore its regular property tax levy to an amount not to exceed
($.1125) per $1,000.00 of assessed value for collection in 2012
to pay operational cost increases, and set the limit factor at
100% plus the annual percentage change for each of the six
years (2012 to 2017). 2016 levy amount will be used to calculate
subsequent levy limits.
Should this proposition be: Approved? Rejected?
CEMETERY DISTRICT 1
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Wade A. Pettigrew
CEMETERY DISTRICT 2
Commissioner Position 2, Nonpartisan Short and Full
6-Year Term (Vote for One)
Karen Weber
Commissioner Position 3, Nonpartisan 2-Year Unexpired
Term (Vote for One)
Janet Lutz -Smith
CEMETERY DISTRICT 3
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One) it
Ruth Hanson
40 Sample Ballot (Cont.)
CEMETERY DISTRICT 4
Commissioner Position 2, Nonpartisan Short and Full
6-Year Term (Vote for One)
Dixon Stremler
CEMETERY DISTRICT 5
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Kenneth John Ferry
CEMETERY DISTRICT 6
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Jerry Ferrier
Commissioner Position 3, Nonpartisan 2-Year Unexpired
Term (Vote for One)
Bunny Taylor-Ochoa
CEMETERY DISTRICT 7
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Mario Bonilla
CEMETERY DISTRICT 8
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Dan Bourks
Patricia Birchall
CEMETERY DISTRICT 9
Commissioner Position 1, Nonpartisan 4-Year Unexpired
Term (Vote for One)
Tom Jones
Commissioner Position 2, Nonpartisan 6-year Term
(Vote for One)
Tod Arneson
CEMETERY DISTRICT 10
Commissioner Position 2, Nonpartisan Short and Full
6-Year Term (Vote for One)
James Browne
CEMETERY DISTRICT 11
Commissioner Position 2, Nonpartisan 6-Year Term
(Vote for One)
Gerald,Tenkley
Proposition No. 1
Point Roberts Park and Recreation District #1
Shall a tax, of approximately $0.084065 cents per thousand
dollars of assessed valuation (based on 100% of true and fair
value) to provide $49,500 (forty-nine thousand five hundred
dollars) for operation and maintenance purposes be levied
for the Point Roberts Park and Recreation District #1 in 2011
for collection in 2012, 2013, 2014, 2015, 2016, and 2017 upon
all taxable property within the District, all as specified in Point
Roberts Park and Recreation District #1, Resolution One?
Levy Yes Levy No
POINT ROBERTS PARK AND RECREATION
DISTRICT 1
Commissioner Position 1, Nonpartisan 4-Year Term
(Vote for One)
Mark Robbins
Commissioner Position 2, Nonpartisan 4-Year Term
(Vote for One)
Beverly Griffith
Commissioner Position 3, Nonpartis'an 2-Year Unexpired
Term (Vote for One)
Mary Edgley
Commissioner Position 4, Nonpartisan 2-year Unexpired
Term (Vote for One)
Heather Good'
Commissioner Position 5, Nonpartisan 4-Year Term
(Vote for One)
Linda Hughes
Proposition No. 1
Northwest Park and Recreation District #2 Levy
The Board of Commissioners of Northwest Park and Recreation
District No. 2 adopted Resolution No. 2011-01 concerning a
proposition to impose a property tax levy of $0.10 per $1,000.00
of assessed valuation for a six (6) year period (2012-2017) to fund
staffing, operations, maintenance and capital improvements
in order to provide programs, an activity center and park and
recreational improvements for people of all ages in the greater
Blaine -Birch Bay area,
Should this proposition be approved? YES [ ] NO E ]
NORTHWEST PARK AND RECREATION
DISTRICT 2
Commissioner Position 1, Nonpartisan 4-Year Term
(Vote for One)
Richard C. Sturgill
Commissioner Position 3, Nonpartisan 4-year Term
(Vote for One)
Jeffery Carrington
Commissioner Position 5, Nonpartisan 4-Year Term
(Vote for One)
Douglas A. Robertson
LYNDEN REGIONAL PARK AND RECREATION
DISTRICT 3
Commissioner Position 2, Nonpartisan 4-Year Term
(Vote for One)
Ron VanSoest
Commissioner Position 3, Nonpartisan Short and Full
4-Year Term
(Vote for One)
Bob Bandarra
Commissioner Position 5, Nonpartisan 4-Year Term
(Vote for One)
Bob Fraser
HOSPTTAL DISTRICT 304
Position 2, Nonpartisan 6-Year Term (Vote for One)
Chuck Ruhl
Position 4, Nonpartisan 6-Year Term (Vote for One)
Daniel Garcia
POINT ROBERTS PUBLIC HOSPITAL DISTRICT
Commissioner Position 1, Nonpartisan 6-Year Term
(Vote for One)
Robin Nault
Port of Bellingham —Commissioner District 3
Jim Jorgensen
Non -Partisan
It has been challenging and rewarding to be
your Port Commissioner for the past eight
years. The Port is involved in many projects
that economically benefit the people of What-
com County. We have responded to citizen
&. __ -A needs regarding marinas, reduced taxes, and
more. I will continue to work on large economic issues such as
our rapidly growing international airport and the development of
our waterfront plan at the old Georgia Pacific site.
Many projects with the small cities of Whatcom County are also
underway. I've been an integral part of the Port funding that has
made these possible. We are on the right track!
I feel qualified to continue as your Commissioner. These two
terms have been an educational learning experience and gave
me the opportunity to get to know the officials of our outlying
- Michael J. Murphy
- Non -Partisan
Our Country, State and County are facing dif-
ficult times. Critical decisions need to be made
*4 for the future of Whatcom County. I do not want
to lose the value of our past, see poor decisions
a�made in the present or regret what we leave for
the next generation of Whatcom County.
Born and raised here, met my wife here, raised our four children
here and have three grandchildren, all living, going to school
and working in Whatcom County.This is and will be, our home.
Whether it is Economic Development, Enviromental Stewardship
or Government Efficiency;
Whatcom County —Executive
Doug Ericksen
Non -Partisan
Senator Doug Ericksen is the experienced lead-
er we can trust in Whatcom County to enhance
our quality of life, and help local families by fo-
cusing on job creation and preservation. Doug
i Ericksen is the only candidate with a proven
�4�•' 1- record of standing up for family wage jobs and
providing the leadership to make tough decisions. Ericksen's
leadership has been recognized by Washington's leading job
creating organizations:
Association of Washington Business -Cornerstone Award.
National Federation of Independent Business -Guardian of Small
Business Award.
Washington Farm Bureau -highest local rating over the past 12
years for unwavering support of farm jobs.
cities, the County, and the City of Bellingham; essential in put-
ting together economic programs.
I've lived in Whatcom County 51 years, taught environmen-
tal education at Blaine High School for 30 years and owned/
operated Jim's Salmon Charter locally for 40 years. I have
been involved many public clubs and organizations and have
worked with several 501( c )3's. My most lasting vision is
Blaine Marine Park.
For More Information:
(360) 33216724
jimjorgensen@comcast.net
I will represent all of Whatcom County.
I want to serve you with my experience, leadership, vision and
knowledge in a very critical time.
For More Information:
(360) 384-6984
mikemurphy.whatcom@gmail.com
Ericksen has a proven record of bringing people together to
accomplish great things. This includes major transportation
projects like the Guide Meridian expansion, protecting jobs at
Cherry Point, investing in our local colleges, and building sports
fields in Ferndale and Sumas.
Doug was barn and raised in Whatcom County; he and his wife
Tasha are raising their two children in Ferndale. Doug has
served Whatcom County for 15 years, most recentiy as our
State Senator. A Sehome High graduate, Doug earned a BA in
Government from Cornell University, and MA in Environmental
Policy from WWU. Doug Ericksen-The Experience We Need -The
Leader We Trust
For More Information:
(360) 319-0736
Doug@DougEricksen.com
www.DougEricksen.com
These statements are submitted by the candidates and are not checked for grammar, spelling or accuracy by any government agency.
42
[6]
Whatcom County —Executive Cont
Jack Louws
Non -Partisan
4:► As your County Executive, I will lead a fair
and inclusive process that allows all voices
^' to be heard and respected in order to create
practical, workable solutions for the tough
issues we face. From aging infrastructure to
�- growth management to protecting farmland
and -Lake Whatcom, I have the experience, professionalism
and passion to lead the county's multi -million dollar operation
and 800 staff members.
As owner/president for 20+ years of LouwsTruss, I managed
people, projects, budgets and business strategy through both up
and down times, During my eight -year tenure as Lynden Mayor,
my team successfully implemented more than $60 million in in-
frastructure projects within a balanced budget. I'm endorsed by
Whatcom County —Council District 1, Position B
Tony Larson
Non -Partisan
I was born and raised in this great county and
spent my summers picking berries and bucking
hay. I graduated Western Washington University
with an Economics and Finance degree. I've been
a business owner for 22 years and the former
owner of the Bellingham Bells Baseball Club.
I'm a husband and father, youth coach, former Big Brother and
Junior Achievement volunteer and leadership award recipient.
I've been chairman of the NW Private Industry Council, execu-
tive board member of United Way, president of the WWU Alumni
Assn., recipient of WWU's Builder of Bellingham Award and
actively involved in many local organizations.
Our economy is a key driver of our quality of life and sustain-
able environment. Without a strong and prosperous economy,
Pete Kremen
Non -Partisan
Throughout my public service in the Legislature
and as County Executive, I've devoted myself to
safeguarding the cherished quality of life in our
special community. Since I became Executive
in 1996 we've enhanced services to more people
without raising the county's portion of your prop-
erty taxes. This was accomplished through a balanced, common-
sense approach to government with respect for taxpayers.
Now I'm asking you to send me to the County Council, where I
pledge to use my experience, knowledge and productive profes-
sional relationships at all levels of government to ensure What-
com County remains an optimum placeto live. I'm proud to be
endorsed by almost every mayor and police chief in the county,
Prosecutor Dave McEachran and many others.
the Mayors of Ferndale, Lynden, Blaine, Nooksack and Sumas,
plus a wide cross-section of individuals and community leaders.
The County Executive sets the tone for public participation. We
simply can't afford partisan bickering or personal agendas. We
must focus on job creation and service delivery.
My father, John, was the first County Executive in 1979. He
taught me the value of a dollar and the honor of a good day's
work. I'm ready to work for you as your County Executive. I'd be
honored to receive your vote.
For More Information:
(360)410-0317
votejack@iknowjack2011.com
www.iknowjack20ll.com
families, schools, organizations that support our most vulnerable
neighbors, and our environment are at risk.To build a prosper-
ous future and move our community forward, we must have
principled leadership.
As your Council representative I will bring a new and refresh-
ing perspective to county government. I will fight for job
creation; support only those regulations that work with, not
against, our farmers, employers and families; and make deci-
sions based on clear objectives that create fair and equitable
outcomes for everyone.
For More Information:
(360) 303-1651
voteton y 9 getwhatcom working. com
www. getwhatcom working. com
I support: creating economic opportunities by helping local
businesses thrive and attracting new business and industry with
family -wage jobs; enhancing public safety by building a "right -
size" jail; and preserving our environment by reducing urban
sprawl, protecting Lake Whatcom and ensuring our accountable
and transparent policies also maintain our farmland and help
our farmers.
Fidela, my wife of 39 years, and I truly love Whatcom County. I
would be deeply honored to serve you on the County Council.
Sincerely, Pete Kremen
For More Information:
(360) 734-3802
pkremen@comcast.net
www.petekremen.com
Whatcom County —Council District 2, Position B
Sam R. Crawford
Non -Partisan
While we deal with the challenges of a
v� • tough economy, we must make sure there's
a healthy and prosperous Whatcom County
f�"�r for future generations. That means opening
the door to clean job -providing businesses,
7i protecting our environment and our farming
heritage, and keeping your taxes low.
I've worked hard to make sure your county government keeps its
focus on doing the essentials: Public health and safety, respon-
sive and strong law enforcement, good roads and facilities. I've
done this for more than a decade without raising your property
taxes, but instead finding more efficiency in county government.
As an independent thinker, I listen to the citizens more than I
listen to the bureaucrats, and I find ways to get the most 'bang
for the buck'. When it comes to protecting our drinking water,
I've supported Lake Whatcom clean-up efforts that show results
by leveraging watershed land preservation and on -the -ground
stormwater improvements, instead of one -size -fits -all regula-
tions that are costly and don't accomplish much.
With your vote, I will continue to represent common sense and
fiscal responsibility in government, and I always look forward to
hearing from you.
For More Information:
(360) 201-3334
sam @ votesamcra wfford. com
www.votesamcrawford.com
j Christina Illlaginnis served five years on the Lake Whatcom Watershed Advisory
Non -Partisan Board, I know the Council is not doing enough to protect our
water supply.
I am running for Whatcom County Council be-
cause our quality of life is under threat with the
prospect of drastically increased train traffic,
coal dust pollution, declining water quality, and
losing local farmers and farming as a strong
part of our County legacy.
I pledge to create an open process while I work to protect farm-
land and farmers, ensure clean drinking water, and grow our
local economy by creating incentives for clean energy, business
growth and family wage jobs.
We must have transparency in government. We still have no plan
to fund water quality projects. Because I work as a stormwater
specialist for Washington State Department of Ecology and have
Whatcom County —Council District 3, Position B
Barbara Brenner
Non -Partisan
4as USAWeekend Magazine called Barbara
Brenner, ':..the hero next door ... thinks of others
cc stantly... creative, energetic, independent -
minded ... takes big risks to make things better."
Barbara stopped 100s of tons a day of imported
infectious waste; improved phone service;
promoted affordable housing/low impact development. Long
history of working with our farmers to support our economy
and local jobs. Works passionately for those generally ignored
by government, and everyone else. Persistent. Investigative.
Responsive. Always limits campaign spending. Its about trust! "I
owe no favors. Everyone counts!"
Some local activities since 1983: Owner, Heritage Refinishing;
Herald Health Newsmaker of the Year; Certified Erosion Control
Lead;Trees for Streams participant; Master Gardener; Master
Composter; small farm forester; RSVP volunteer; Hovander
My experience provides a deep understanding of how critical
water and land issues are affecting the County and I'll ensure
the public knows the truth about the coal terminal project for
their careful consideration. I received my master's degree from
Western Washington University. I've been endorsed by Washing-
ton Conservation Voters and Whatcom Democrats, and would be
honored to have your vote.
For More Information:
(360) 961-8147
info@christinamaginnis.com
Ch ristinamaginnis. com
House Docent; home on Re -Store's Recycled HomesTour and
Sustainable Connections Low Impact Development tour; Sean
Humphries Hospice House Board; Black Mountain Forestry
Board; Rome Grange member; NW Women's Hall of Fame Steer-
ing Committee; longest sitting Mental Health Advisory Board
member, & much more!
"Sometimes what sounds like motherhood and apple pie is
actually inefficient, wasteful, and/or unnecessary. I passionately
protect people and the public purse.' Actions speak louder than
words! "Please vote for me.'
Check out www,barbarabrenner.info or e-mail to bbgun1010@
aol.com or call 384-2762.
For More Information:
(360) 384-2762
bbgun1010@aol.com
www.barbarabrenner.info
Whatcom County —Council District 3, Position B cont.
Alan Black
Non -Partisan
I am in this race because of my absolute com-
mitment to protect our environment, our family
farms, shorelines, water and air quality. I have
lived in Blaine with my wife Kathy for five years
and currently serve on the Blaine City Council. I
am a retired 747 Captain, an Air Line Pilots As-
sociation AFL-CIO member and a Vietnam veteran. I have a B.S.
in Engineering from Lafayette College.
My aviation career honed my leadership abilities to make accu-
rate and timely decisions producing successful outcomes. I was
taught that good ideas come from many sources. By working
together, great outcomes for Whatcom County are achieveable.
We have outstanding local resources to achieve a protected
environment and an economically sound future. Our deci-
sions will have long-term consequences; this is the time for the
Whatcom County —Assessor
Keith M. Willnauer
Non -Partisan
No Statement Submitted.
No Photo'
Subiniuc-d For More Information:
(360) 734-2674
kcjack28@msn.com
Whatcom County —Auditor
J. Lynne Walker
Non -Partisan
I am running for Auditor because I believe the
core of our democracy rests on our ability to vote
and in knowing that our votes count. I will protect
this right and ensure that all citizens of Whatcom
County know that when they cast their ballots,
they are counted accurately and promptly.
Since graduating from Ferndale High School in 1977, 1 have
owned and operated two small businesses, worked for a local
law firm, managed three, public offices, and earned a degree in
Business and Public Administration. In more than a decade of
public service in Whatcom County I have provided caring, com-
petent, capable service with honesty and integrity.
I have been actively involved in local elections serving as a
trained elections observer, monitoring ballot processing, staff-
ing ballot drop-off locations, and actively working on campaigns
and ballot measures. I understand how hard citizens work to
strongest possible leadership toward this future. I will work for
clean drinking water, for initiatives to attract living wage jobs, for
improving our local business climate, and for ensuring a safety
net for our most vulnerable.
I'm honored to be endorsed by Washington Conservation Voters
and Whatcom Democrats. I ask for your support for a new, more
thoughtful approach to the issues facing our county.
For More Information:
(360) 371-2277
votealanblack@gmail.com
www.votealanblack.com
make local elections meaningful. I will make sure the Auditor's
office works for you by continuously pursuing excellence in ef-
ficiency, accountability, accuracy and security in all the services
of the office.
As your Auditor I will never forget that I work for you first.
Please see my website at jlynnewalker.com. I ask for your vote.
For More Information:
(360) 303-6255
jlynne@jlynnewalker.com
www.jlynnewalker.com
Whatcom County —Auditor coat
Debbie Adelstein
Non -Partisan
�. As your Chief Deputy Auditor for the last six
years, I have served the citizens of Whatcom
r County under the leadership of Shirley Forslof,
retiring Auditor. I am committed to the nonpar-
tisan and impartial nature of the office where
fiscal responsibility, transparency and respon-
siveness to citizens are the primary goals.
Experience matters in the Auditor's office. I supervise the Elec-
tion and Voter Registration Division, the Recording Division and
the Licensing Division. I manage 16 employees, oversee a $2.7
million annual budget, and have administered 23 elections. I
have facilitated changing technologies and innovations includ-
ing Vote -by -Mail, making documents available online, and the
transition to optically -scanned ballots. I am a Certified Election
Administrator with the Washington Secretary of State.
Whatcom County —Sheriff
Bill Elfo
Non -Partisan
I am honored to seek your vote to continue
serving as your Sheriff. With your past support,
much has been accomplished. A Jail Alterna-
tive Work Center opened, dangerous criminals
are no longer turned away because of the lack -
of space and inmates work to help pay incar-
ceration costs and support their families. Council is pursuing a
new, efficiently designed and "right -sized" jail with increased
mental health and sentencing alternatives. Deputies are better
equipped, trained and more available in our neighborhoods.
Programs and plans made our schools and children safer. Meth
labs were eliminated. I testified before Congress on border
impacts to our community and over $5,000,000 was awarded to
increase safety and defray costs to local taxpayers. Crime in our
community has dropped 40% and our crime rate is 57% below
the state average!
Steve Harris
Non -Partisan
r For the past 16 years, I have been honored to
serve as a deputy with your Whatcom County
Sheriff's office.Through hard work and dedica
tion, I now proudly serve as a detective, where
I've spent the last 8 years helping to ensure that
— the most heinous crimes in Whatcom County
were solved and the perpetrators held accountable. I served
more than four years as a labor leader and have been elected to
,lead both private corporations and fraternal organizations.
Law enforcement administrators have seemingly forgotten that
our primary purpose is to serve and protect the public.The result
has left the victims of crime with little understanding of what to
expect. Deputies need to take the time to fully investigate every
crime we respond to and explain the process to the victim. We
I am endorsed by retiring Auditor Shirley Forslof and respected
local leaders in both major political parties including former
Bellingham MayorTim Douglas and former State Senator/What-
com County Sheriff Dale Brandland. Impartiality is critical in an
auditor; therefore I did not seek or accept party endorsements.
I have lived in Whatcom County for over 35 years with my hus-
band Steve and have two married children and one grandchild.
For more information, please visit www.adelsteinforauditor.com
or contact me at (360) 676-9591
For More Information:
(360) 676-9591
adelsteinforauditor@comcast.net
www.adelsteinforauditor.com
We will continue to drive crime rates down even further, prevent
gang violence and increase efficiencies through technology.
Experience, integrity and teamwork matter! I have extensive
law enforcement and leadership experience, including service
as a Police Chief and Prosecutor. I'm proud that all local Police
Chiefs, our Prosecuting Attorney and leading anti -Domestic
Violence/Child Protection/ Mental Health Advocates endorse me
for re-election.
Thank you!
Sheriff Bill Elfo
For More Information:
(360) 303-0068
Sheriffelfo@elfocampaign20ll.net
www.sheriffelfo20ll.com
should not forget that "routine" calls for service may very well
be the only time a community member requests the assistance
of a deputy.
As your Sheriff, I will concentrate our limited training resources
on honing basic investigative skills rather than militaristic tactics.
I will reassign redundant supervisory staff from purely admin-
istrative roles back to the street to better fulfill our mission to
protect the community.
For More Information:
(360) 296-3314
steve @harrisforsheriff.org
www.harrisforsheriff.org
4
Whatcom County --Treasurer
Steven Oliver
Non -Partisan
I have served as your CountyTreasurer and
" Deputy CountyTreasurer for over 12 years
safeguarding taxpayer money, collecting all
A revenues,
providing excellent customer service,
and implementing' new efficiencies. Strong
treasury management is the foundation of
transparent government. I fully reportall financial activities with
no financial gimmicks.
During the most difficult financial crisis of most of our lifetimes,
your taxpayer money was safe. The value of welt -disciplined and
vigilant investment management has been shown as a hallmark
of my leadership. I have worked hard to maintain the county's
excellent AA credit rating, refinance debt at lower rates, and
save taxpayers money.
Brian Smith
Non -Partisan
1 have worked in the finance and investment
field for the past 20 years and currently own
Bellingham Capital Management. I have man-
aged over $100 million of client investments, in-
dicating the high level of trust my clients placed
in me. My extensive business and finance
background allow me to bring competent and proven leadership
to theTreasurer's office. As a successful businessman I am held
to the highest standards of ethics, integrity, accuracy, efficiency,
and client satisfaction. I will bring these tools and principles
with me into theTreasurer's office.
City of Bellingham —Mayor
Daniel V. Pike
Af Non -Partisan
Four years ago, you elected me Mayor. During
challenging times for our community and coun-
try, I made tough, necessary choices, and today
Bellingham ranks among Washington's best -
run communities. While other governments
struggle, Bellingham's bond rating was raised
because of excellent management. Residents feel prouder of
their community, parks and libraries than they did four years
ago. Businesses have better experiences with City Hall than was
true in 2007. We're well -poised to build an even better future.
Moving forward, I'll continue governing with fiscal respon-
sibility, cooperation and creativity. Where possible, we'll
work with others, joining forces to better Bellingham. But
sometimes, protecting Bellingham requires taking stands. I've
defended our right to protect Lake Whatcom. And I'm standing
I'm extremely proud of our recent accomplishments. A new
property tax system, replacing an unsupported 26 year -old
system, was completed on -time and under -budget and is already
showing greater efficiencies and real cost savings. I also worked
to successfully overturn a state audit finding to preserve local,
county council financial authority. In the near future, i will be
implementing a monthly property tax payment plan for taxpay-
ers and electronic real estate transaction processing for our local
real estate, attorney and title company professionals,
I work for you and would be deeply honored to continue serving
you as CountyTreasurer.
For More Information:
(360) 384-4530
votesteveoliver@comcast. net
www.electsteveoliver.com
My wife Molly and I have 2 children ages 12 and 14. We are very
involved with local community service projects for the schools,
church, 4-H, and Boy Scouts. We enjoy camping, boating, horses
and skiing.. I am a member of Mt Baker Rotary Club as an av-
enue to invest in our local community.
As an Eagle Scout, I have a strong sense of civic duty and giving
back to the community, Serving as Treasurer, I will provide new
leadership at a crucial point in our economy. I will also apply my
knowledge and experience in managing systems to make sure
the Taxpayers get their moneys' worth.
For More Information:
(360) 318-3305
briansmithireasurer@gmail.com
against the proposed coal terminal at Cherry Point —because
it's wrong for Bellingham.
Over the next term, I'll continue protecting and promoting Bell-
ingham. By defending against degradation and enhancing our
attributes, we can —we will —emerge an even better community
which builds its economy by preserving its character. I ask your
support for re-election.
Mayor Dan Pike is endorsed by Firefighters Local #106, Wash-
ington Conservation Voters, Chuck and Dee Robinson of Village
Books, Councilmembers Gene Knutson and Seth Fleetwood, and
former Council member Barbara Ryan.
For More Information:
(360) 292-9905
info @pikeforbellingham. corti
www.pikeforbellingham.com
City of Bellingham —Mayor Cont.
Kelli Linville
Non -Partisan
I believe Bellingham can be the most liveable
city in the nation — safe, cultural, healthy, and
educated, where you can live, work and play in
the same place. By respecting diverse opinions,
establishing strong relationships, setting priori-
ties and engaging the public, we can do it.
Bellingham has,everything we need for a healthy economy
— innovative ideas, anchor industries, and a well-educated
workforce. We need jobs, and every decision we make must
ensure that our downtown, waterfront and urban villages thrive.
Bellingham's character is determined by the character of our
neighborhoods. Uniqueness, housing that is affordable and
,infill can be achieved if we listen to each other and act together
toward our common goals.
City of Bellingham —Council Ward 1
Jack Weiss
Non -Partisan
'iF- In my 24 years in Bellingham, our community
1 has changed dramatically and is poised in the
next few years to make more adjustments. As
these changes'occur, Bellingham needs leader-
ship to accentuate the positives and diminish
A I the negatives.
I want to continue focusing on protecting our health through
better management of Lake Whatcom drinking water, providing
predictable and responsible growth and zoning that stops sprawl
and creates vitality in urban centers and neighborhoods, insist-
ing that the waterfront redevelopment Master Plan reflect the
deep-seated input from the community, and helping business
development while protecting our community and neighbor-
hood values.
City of Bellingham —Council Ward 3
Cathy Lehman
Non -Partisan
Cathy Lehman is a nonprofit director, down-
town resident, sustainability advocate and
graduate of Western Washington University.
She offers a fresh perspective on critical issues
facing our city, new energy to bring solutions
- and results, and a commitment to livability for
this amazing place we call home.
Cathy works to stop sprawl and protect farmland, holds a gradu-
ate certificate in Sustainable Business, and enjoys managing
weekend shifts at the Lighthouse Mission's Agape Home -- a
transitional housing shelter for women and children.
Through her work with Futurewise, Sustainable Connections,
the Opportunity Council and Whatcom Volunteer Center, and her
service with Downtown Bellingham Partnership and Whatcom
We must protect Lake Whatcom. We have the information. Water
quality is declining. We need to adopt practical, Cost-effective
actions now.
I have the experience Bellingham needs. I wrote and balanced
a $34 billion budget, managed a large staff, and prioritized the
issues for 125,000 constituents. My experience has prepared
me to take on this challenge. I am asking for your support so I
can serve this city I love, where I was born, grew up and raised
my family.
Foi More Information:
(360) 305- 7335
linvilieforniayor@gmail.com
www.linvilleformayor.com
I will continue to offer leadership on these issues with vision, '
accountability and fairness, I have the energy and willingness to
investigate, analyze, and make well -reasoned decisions.
I am Jack Weiss and I ask for your support.
For More Information:
(360) 738-2103
jackweissforcouncil@gmail.com
Conservation Voters, Cathy has come to believe that business
innovation, smart growth, and fresh, bold leadership will ensure
that our best days are ahead of us as a city. She knows that a
vibrant urban core, transportation choices, clean drinking water,
and livable neighborhoods are critical for Bellingham's future.
Her work delivers results. In 20.08, Cathy's project, 'Bellingham
Green Power Community Challenge' saw Bellingham become
the #1 Green Power Community in the country! Cathy Lehman
is endorsed by Whatcom Democrats and Whatcom Conserva-
tion Voters, and is the clear choice for the most livable future
for Bellingham.
For More Information:
(360) 543-0149
info @ votecathylehman. com
www.votecathylehman.com
I •
City of Bellingham —Council Ward 3 Cont.
Barry Buchanan
Non -Partisan
Having grown up in, and raised my family in
Bellingham, I am honored to have served as
your Ward 3 Council member for the past 4
years, and ask you to re-elect me to that role.
My previous work as Chairman of the What-
com County Democratic Party for six years and
L
d
President of the Lettered Streets Neighborhood Association for
four years has prepared me well for public office.
I seek re-election as I continue to have a passion for address-
ing the major issues facing our community - Restoration and
Protection of Lake Whatcom; Promoting Public Safety; Improving
Bellingham's Business Climate; working with the business com-
munity and our higher educational institutions to promote job
creation and preserving the character of our Neighborhoods.
I have built working relationships and partnerships that allow
City of Bellingham —Council Ward 5
- Terry Bornemann
Non -Partisan
No Photf3 Terry Bornemann is the current City Council -
Submitted men from Bellingham's 5th ward. He resides in
the Sehome neighborhood with his wife of 33
years and their two sons. Terry serves as Chair
of the Transportation Committee, and Chair of
the Waterfront committee. He also serves as
Council liaison to the Sustainable Connection board and the
Whatcom Museum board. In addition to his council duties,Terry
works as a Family therapist with Whatcom Juvenile Court.Terry
is a Viet Nam veteran. As a City Councilman, Terry had been very
active in working for the protection of the Lake Whatcom Res-
ervoir, the revitalization of our downtown, the protection of our
neighborhoods, and working for sustainable economic growth.
He has been very active in working with neighborhood groups,
City of Bellingham —Council At -Large
Seth Fleetwood
Non -Partisan
No Photo f I was born in Bellingham, graduating from
Submitted I Sehome High in 1981. 1 worked at a king crab
processing plant near Dutch Harbor for a pe-
riod. Thereafter, I lived in Seattle, graduating
from the University of Washington in 1986. 1
�— then moved to Washington DC. I worked for
Bellingham's Congressman, Al Swift, during this time. In 1988 I
traveled throughout Central and South America and began law
school in 1969. 1 graduated from Willamette University College
of Law in 1992- 1 fished in Prince William Sound in 1993 before
returning to Bellingham late that year. I opened a Law Office in
Fairhaven, where I have been for many years, committed to is-
sues of local public interest. I worked on numerous boards and
committees, including the Greenway's Committee. I served two
terms on the Whatcom County Council with a special interest in
me to be effective in serving as the Council representative to
the Council of Governments Board of Directors; the Downtown
Bellingham Partnership and the Northwest Economic Council.
Finally, I am proud to be able to share with you that I am en-
dorsed by all of the Bellingham Public Employee unions: the
Bellingham/Whatcosn County Firefighters Local 106, the Belling-
ham Police Guild,Teamsters Local 231 and AFSCIVE Local 114,
For More Information:
(360) 224-4330
barrybuchanan46@aol.com
www.barryforbellingham.net
business owners and private citizens in improving the quality
and safety of our great community. He has worked to improve
public access and process with City government. "Bellingham is
a very special place. We need to protect the natural environment
in which we reside, protect the character of our neighborhoods,
and work to build- a truly sustainable economy in a way that
compliments our current quality of life".
For More Information:
(360) 671-3082
terryb903@comcast.net
www.terrybomemann.com
growth and water quality issues before winning a seat on the
Bellingham City Council in 2009. 1 believe we must resolutely
commit to building a full protection program for Lake Whatcom
and we must continue to grow in ways that do not require sys-
tematic expansion of our growth boundaries to the detriment of
our natural resource lands in the County.
For More Information:
(360) 671-3299
seth@openaccess.org
www.sethfleetwoodforcitycouncil.com
City of Bellingham —Council At -Large Cont.
Larry Farr
Non -Partisan
As a citizen I believe in a representative form of
government. Sitting on the city council means
I represent you. Not a group, or a set of ideas,
but you the citizen and taxpayer. My experi-
ence working in the community stands out as
I do not need on the job training, but can step
in support and establish community policies that has your best
interest in mind.
People should be asking key questions of our government: ques-
tions like - How can we best manage the anticipated growth for
our community (and all that this entails), and how will we pay
for it, without creating burden on those already taxed and fee'd
extensively? How do we keep our city one of the most liveable
City of Blaine —Council Ward 1 Position 1
Ken Oplinger
Non -Partisan
fo I believe Blaine is on the verge of some impor-
tant, positive changes. From the development
community's interest in our downtown, to the
Port and City's Master Plan for the Marina, to
the hundreds of units of housing in East Blaine,
- there,is no question that Blaine has the poten-
tial of reclaiming its role as a true economic and cultural center
for Whatcom County.
This was one of the reasons Diana and I chose to move here
seven years ago. We both said, "Someday, Blaine can and will
be a draw for tourists and locals, business and industry, and we
should be a part of it!"
Since coming to Whatcom County, I have served as the Presi-
dent/CEO of the Bellingham/Whatcom Chamber of Commerce &
City of Blaine —Council Ward 2 Position 3
Dennis M. Olason
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360)332-4105
dnaolason @comcast.net
cities in America? How do we complete the waterfront while
protecting the environment and stimulating growth in business
and the economy? These are the questions we need to address,
with solid answers.
Having worked with numerous boards and organizations,
(Hospice Foundation, American Red Cross,The Downtown
Partnership, the Railroad Avenue Merchants Association, and
numerous others), I come ready to serve working hard to rep-
resent you. Please Vote for Larry Farr, Bellingham City Council,
At -Large Position.
For More Information:
(360) 306-1213
larryfarr2011@gmail.com
www.larryfarr2011. com
Industry. I have also served on the Blaine Planning Commission
for six years, the last three as its Chair, and my wife Diana and I
live in the Lettered Streets with our daughter, Rachel.
As we approach this election season, please consider the goals
you have for Blaine, and please consider voting for me for the
Ward 1 seat on the Blaine City Council. Together, let's make our
goals a reality.
For More Information:
(360) 332-1433
ken@ken4blaine.com
www.ken4blaine.com
50
City of Blaine —Council Ward 3 Position 5
City of Everson —Council Position 5 Cont.
IQClark Cotner
Non -Partisan
I accepted a position in 1996 as a senior execu-
tive for an international corporation, whose
home office was located in Vancouver, British
Columbia, I relocated my family at that time and
purchased a home in Blaine. Currently I own
and operate a business with several employees
throughout the Pacific Northwest.
Long range planning and budgeting to be successful requires
seasoned judgment. As your City Councilman. I feel very
strongly that my years of experience as an executive and busi-
ness owner will serve our community well.
City of Everson —Council Position 4
Eric Oettel
Non -Partisan
No Statement Submitted.
P"o Fhoto
5ubrr;itted For More Information:
(360) 966-2730
OettelforCouncil@gmaii.com
City of Everson —Council Position 5
Andy Rowlson
Non -Partisan
Q'_
I am pleased to have served my community
on the Everson City Council since 2000. Over
that time I've helped the City to tackle many
important issues such as assuring well -planned
neighborhood growth, strengthening our Police
Department, maintaining the City parks, and
expanding our trail network. In addition, I have helped address
infrastructure needs such as building a 3rd water tower, replac-
ing sewer lift stations, and paving streets.
Please support me as I seek re-election this fall. If I can assist
you or answer any questions, you may contact me at 360-927-
9378 or rowlsonl @gmail.com.
For More Information:
(360) 371-7900
clarkcotner@comcast.net
For More Information:
(360) 927-9378
rowlsonl@gmaii.com
Andrew (Andy),Jewell
Non -Partisan
For the last 11 years I have enjoyed living in
Everson, where I am raising my family, in this
unique and family -friendly community. I have
served on the boards of charities and busi-
nesses alike. I have been a union member and I
now own, my own small business. My experi-
ence is diverse and has taught me to work with people from
different perspectives to reach a common goal.
As a city council member, I would like to help preserve Everson
as Everson. I would bring my experience as a problem solver
that works with others, to help Everson balance a community
that is friendly to small business, while maintaining a safe and
City of Ferndale —Mayor
Gary S. Jensen
Non -Partisan
Mayor Jensen was born in 1955 and is the
owner of Sullivan Plumbing. He graduated
from Ferndale High School in 1973. Married
to wife Kelly for 30 years who teaches Kinder-
garten at Central Elementary.They have one
daughter,Taryn, who works in Seattle. His fa-
ther is the former police chief and retired as fire chief. Brother
Allan works as a Bellingham police detective. Community
service is family tradition.
I have served our city for the past six years. My goal is to rise
each day and try to help our city. During tough economic times
your city has balanced its budget each year. The position of
mayor is dominated by the need for management experience.
The mayor manages employees and the budget. Even during
difficult financial setbacks we have prioritized our spending and
Lloyd Zimmerman
Non -Partisan
I'm running for Mayor because the time has
come for a change at City Hall. Ferndale is at
a crossroads; the next Mayor must get it right.
As a four-year Council member I've voted
against wasteful spending, tax & fee increases,
and against borrowing millions without voter
approval, then awarding it to out of town contractors, manag-
ers, and architects. I will insure that Ferndale resources benefit
Ferndale citizens.
I'm passionate about engaging Ferndale's youth however and
whenever possible ---for learning, work experience, academics
and positive, healthy "play."
My first action as mayor will be to systematically evaluate city
services and resources for efficiency and cost. Fixing down-
town traffic will be a top priority if I am mayor. Fresh water for
family -friendly city to raise our children in. I ask for your vote
and would be privileged to serve Everson in this capacity.
For More Information:
(360) 920-9972
Agentjewell@gmail.com
accomplished progress for Ferndale. We have new streets, build-
ings, businesses and a reputation for welcoming the future.
Tough times are not over and the future will demand and require
continued, mature leadership.
"Some dream but accomplish little. Some dream, plan and
accomplish their goals. The first is merely a dreamer, the lat-
ter is a leader!" I politely ask that you allow me to serve you
once again.
For More Information:
(360) 815-6135
gary@sullivan.comcastbiz.net
www.JensenForMayor.com
Ferndale and our Lummi neighbors requires a comprehensive
approach, which is not presently the case. Preservation, quality,
delivery, and cost of critical water resources are major issues
confronting our city.
As a Ferndale resident for the past 20 years, and a small busi-
ness owner for 15, I've learned a great deal about our com-
munity. As mayor I will come to the citizens first ---for their
opinions, wishes, criticism, and assistance. I ask for your vote:
"Zimm for Mayor"
For More Information:
(360) 739-0408
zmanz@comcast.net
zimmermanformayor.com
52
53
City of Ferndale —Council Position 1
Cathy Watson
Non -Partisan
I moved to Washington five years ago from
i OF ¢ Houston, where I worked for NASA. In my last
` position, l managed 10 experiment teams, help-
ing researchers determine how living aboard
the International Space Station affected astro
naut physiology and psychology. I've worked
as an electronics technician (U.S. Coast Guard), meteorologist
and public affairs officer (NASA), and middle school teacher
(Virginia). Currently, I am a volunteer for the Mt. Baker Chapter
of the American Red Cross, the Whatcom Unified Emergency
ManagementTeam, and Whatcom County Habitat for Humanity.
I also serve as Secretary of the Ferndale Public Market Steer-
ing Committee and as a board member of the Pacific Highlands
Homeowners Association.
As a Councilperson, I will work to bring more family -wage jobs
to Ferndale. Developing and supporting local businesses, and
Steve Malpezzi•
Non -Partisan
I have decided to run for Re -Election due to
the borrow and spend mentality of the current
administration and council majority. Our debt
T capacity has more than doubled in the past 4
years and is almost maxed out. The financial
decisions we make today will affect our com-
munity and chi] dren for the next 20 years. And I cannot stand
by idly and watch our grand city fall into similar habits as our
great nation is facing. Ferndale has never seen such high debt
obligations before, and I pledge to do my best to bring these
totals back in fine with values my fellow citizens would hold to
be historical and reasonable.
-
I have served the great city of Ferndale for the last four years as
a city councilman. I have had a career in the law enforcement
field for almost two decades; which require a similar set of skill
City of Ferndale —Council Position 2
Melvin Hansen
Non -Partisan
{ I have lived in Ferndale for over 40 years with
my wife Bertella and son Greg. For 28 years I
was the Ferndale High School Band Director, a
successful program known nationally as well
as locally. ! have been a Ferndale City Council
L - Member for 12 years and currently serve as a
trustee of the Old Settlers Association and as a Charter Member
of the Ferndale Kiwanis Club.
Ferndaie's number one priority must be the health and safety of
our citizens. A strong, well paid police force, adequate police
facilities, and adequate water and sewer systems are essential.
Safe and well maintained roads are important. We need to con-
tinue the sidewalk program so eventually every student walking
to school has a sidewalk. Seeking funding for street rebuilding
and upgrades should be a high priority.
working to bring new companies to Ferndale, are essential to
our long-term survival. Ferndale must also find ways to provide
services and maintain its infrastructure without depending on
cyclical sales tax revenue or dwindling State and Federal fund-
ing. I believe we must work together to soave our problems,
through partnerships with our local university, community and
technical colleges, businesses, and community groups, and not
let outside interests divide us.
For More Information:
watsonforferndal ecouncil @ yahoo. com
sets. 1 have also participated in various city board & commis-
sions and other community organizations such as: founding
member of the Economic Viability Steering Committee, CCA,
Economic Development Commission, Ferndale FODA, NWHC of
Commerce and FAC.
My Priorities include: Economic Growth and Stability, Long -Term
Planning, and Real-TimeTraffic Solutions. -
For More Information:
(360) 510-0712
smalpezzi@comcast.net
www. Ste ve Ma I p ezzi. com
We must plan for the future because growth will happen, and it
is important that the City has in place development regulations
and standards so that the community determines how Ferndale
will look in the future.
Finally, parks are an essential need for a quality lifestyle. We
need to re-establish the parks department and maintain as well
as expand our parks system as funding permits.
For More Information:
(360) 364-1.453
musmel@aol.com
City of Ferndale —Council Position 2 Cont.
Kelli A. Eshuis
Non -Partisan
My name is Kelli Ann Eshuis and I was born
and raised in Ferndale. I am a 37 year old single
mother who dreams of being a voice for the
working parents of the City of Ferndale and the
younger generation. Our children are our future
and they need to have a safe place to call home.
I support a new community center with a pool and theater and
skate park. I think Ferndale has a serious traffic problem that is
in dire need of a solution.These are the things I will work hard to
accomplish as a council person. My 8 years of military service in
the United States Navy prepared me for the leadership role I am
eager to start. Please join me in my journey to making Ferndale
a safe and successful city!
City of Ferndale —Council Position 3
J. Manuel Reta
Non -Partisan
I have been a local resident since 1956. By 12 1
had already started working at local farms for
' $1 a day, after one year my father and I com-
bined our savings to purchase our first home
officially settling us here.This was my first les-
son in accountability and persistence.
I wish to serve as your council member to increase my involve-
ment with local community and business issues, to provide an
example and encourage our Hispanic community to become
more engaged -in our city, and improve quality of life in Ferndale
I will serve you with honesty and integrity.
I believe I bring a fresh, new perspective and presence to our
city government as demonstrated through my participation in
the Ferndale Downtown Association as well as establishment of
lkKeith M. Olson
Non -Partisan
I am running for the Ferndale City Council posi-
tion #3 to continue fiscal responsibility to the
Ferndale City government. I believe we've seen
many good projects happen in Ferndale such as
the 2nd street renovations which bring an addi-
tional entrance/outlet into our city and alleviate
Main Street traffic congestion.
We have seen a huge increase in businesses being started or
relocated into Ferndale in the last 4 years and I'd like to see that
continue. New business brings much needed sales tax revenue
which is what city government is funded with. Sales tax revenue
also takes away pressure from city government to increase taxes
on homeowners, something I adamantly oppose.
City council positions require a huge learning curve and I have
previously served a 4 year term and I am ready to step back in
For More Information:
(360) 393-5505
kelliforcouncil@yahoo.com
http://hstrial-kellyforcouncii.intuitwebsites.com/
the Northwest Washington Hispanic Chamber of Commerce in
2007. Since then we have established ourselves as an organiza-
tion within the Ferndale community that's making a difference.
will continue making myself available to all citizens of Ferndale
to listen and serve you well. My experience as a decorated
Army Veteran, Intalco retiree, and local downtown business
owner has strengthened my skills in communication, leader-
ship, and administration.
I respectfully ask for your vote.
For More Information:
(360) 312-8991
nwwhcc 9 yahoo. com
with no learning curve. In my two year absence I've continued
to follow city issues and made my concerns known to elected
officials. In my full time position, I oversee a business with
59 employees and a large budget and I know how to make a
dollar stretch.
I'm asking for your vote and your trust and I promise to keep
Ferndale moving forward!
For More Information:
Q60) 303-3581
Olson4C,ouncil@comcast.net
55 ,4
E
City of Ferndale —Council Position 4
LPaul S. Ingram
Non -Partisan
J� I am a candidate for re-election to the Ferndale
y,�. City Council. I am very proud of the things that
we as a council have accomplished in these
past 3 1/2 years. We have extended 2nd Avenue
to 1-5 at exit 263 and added Griffin Town Park,
a beautiful new place for all to enjoy. We have
remodeled the old Boys and Girls Club into our beautiful Pioneer
Pavilion that our Library is using as a temporary home. We have
improved Main St. from 3rd Avenue to Washington St. with un-
derground utilities and new sidewalks and bike lanes.
We have started the process of returning our water supply to
our own well system. Main St. improvement from Douglas to
Church Rd. has been designed. And East but surely not least, this
is the City Council that after 29 years and millions of dollars of
Terese E. VanAssche
Non -Partisan
No Statement Submitted.
No Photo f
Submitted For More Information:
(360) 312-8826
terrasolutions@hotmail.com
L-I
City of Lynden—Council Position 1
j Gary L. Bode
Non -Partisan
No Statement Submitted.
No Photo
Subihitted For More Information:
(360) 354-4991
gngbode@msn.com
City of Lynden—Council Position 2
Ronald De Valois
Non -Partisan
No Photo Our economic times make being frugal nec-
Submitted essary even for cities. Lynden canhot spend
money it does not take in. The money it does
receive must be spent wisely.
Lynden faces challenges. Its water treatment
plant is aging and must be replaced. There is
increased demand for recreational facilities. Equipment and
vehicles for providing essential services need replacement. Cer-
tain streets require upgrading. All this comes at a cost and thus
studies, has granted the contract and funded the building of our
desperately needed new Pdlice Station, I
_
Each and every one of these projects has made Ferndale a better
place to live, work and play. Please vote for me to allow me to
help continue to improve Ferndale.
ThankYou, Paul
For More Information-
(360) 201-0412
paulsingram @comcast.net
priorities must be set. As your elected representative I pledge
myself to give serious thought to the issues and then make
responsible decisions.
For More Information:
(360) 354-3409
City.of Lynden—Council Position 3
Gerald (Jerry) Kuiken
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 354-4702
gmkuiken @comcast. net
i City of Lynden—Council Position 4
Brent Lenssen
Non -Partisan '
It has been a privilege'to serve as your City
Councilor for the past two years. Even though
I am running unopposed, I feel it is important to
share a few words. I and the other elected offi-
cials want to hear your thoughts on how we can
improve our community. Under our direction,
the Lynden city staff works hard to, deliver essential services and
the extras that make our community a great place to live with
the funds entrusted to us. So stop by City Hall, attend a public
meeting, or send a Metter or email.
To continue to move our city forward, collaboration between the
City, local businesses, charitable entities, and those of us who
live in the Lynden area must continue and grow. This will insure
that Lynden will remain a great place to live, work and play.
City of Nooksack—Council Position 2
Daniel Bennett
Non -Partisan
0.._• Education: BA, Pacific Lutheran University
Statement: I was born and raised in northern
Whatcom County and presently serve on the
city council. Growing up in the area has given
me a true concern for the issues that impact
1' our city and its residents. It is my belief that
the council needs to be responsible to its citizens. It should do
this by making practical, well thought out decisions, especially
in these difficult economic times. More then ever we need to
be diligent in stretching our dollars to ensure the least financial
impact on us, the citizens. It is also my belief the council should
have a desire to work with its fellow citizens when making deci-
sions because it is you we serve.
When elected, I will continue to work with my fellow council mem-
bers to make quality decisions the people of Nooksack deserve.
Please collaborate and -participate,with us to make Lynden great.
Our community has a plethora of wonderful opportunities to
serve. I look forward to serving you- our community members -
for another 4 years.
For More Information:
(360) 815-4191
6rentlenssen @gmail.com
56
57
City of Nooksack—Council Position 2 Cont.
Peter G. Lubetich
Non -Partisan
I would like to take an active role in the ongo=
ing improvement of our community. I will
bring a fresh approach to the City of Nooksack
Council and represent our community without
obligations to special interest. My first and only
desire is to represent you.
I will be an advocate for responsible budgets that reflect our city
priorities. There are many critical issues facing our city, including
managing growth and development, protecting our neighbor-
hoods, preserving open space, and maintaining our buildings
and roads. It is important to me that these issues are prioritized
and fiscally responsible.
City of Nooksack—Council Position 4
Scott Sodven
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 510-8544
Scottb457@yahoo.com
City of Nooksack—Council Position 5
Chuck Betker
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 966-4289
CBetker@gmail.com
Marshall Judy
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 966-3534
msj210@aol.com
City of Sumas—Council Position 3
F Todd Daniels
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 988-2053
ToddDaniels_4@yahoo.com
My career background includes commercial fishing, marine
insurance, and international finance. I have several years experi-
ence with budgeting, forecast, financial analysis, and business
contracts. For the past 7 years i have been raising my children
in the City of Nooksack: As a single father, I personally know the
challenges of living in these economically trying times.
I would appreciate your vote as your voice on the City of Nook -
sack Council Position 2.
For More Information:
(360) 325-2443
peter.g.lubetich @hotmail.com
City of Sumas—Council Position 5
Gary deBont
Non -Partisan
No Photo No Statement Submitted.
Submitted For More Information:
(360) 988-7440
gdebont@yahoo.com
Bellingham School District 501—Director Position 1
Camille Diaz Hackler
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 441-1808
camille.hackler@gmail.com
Bellingham School District 501—Director Position 2
Ken Gass
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 671-1993
kbgass@gmail.com
Bellingham School District 501—Director Position 3
Kelly Bashaw
Non -Partisan
+a As your School Board member for the past four
years, I have supported the successful rebuild-
ing of Whatcom Middle School that will open
one year early, the opening of Cordata Elemen-
tary School and the implementation of all day,
every -day kindergarten.
During this time, I was on the hiring committee that brought
on our excellent new Bellingham School Superintendent, Greg
Baiter. I have also been a part of a shift in how the Bellingham
School Board conducts its work. We intentionally connect, listen
and act with our constituencies including elementary parents,
the early learning community and the Hispanic community. I
look forward to continuing to connect with the business commu-
nity, faith communities.and the homeschooling community.
I appreciate your support and look forward to serving another
four years as your representative on Bellingham School Board,
Position 3.
For More Information:
(360) 220-4006
kbashaw@gmail.com
59
Ferndale School District 502—Director District 1
Kevin Erickson
Non -Partisan
Children are a precious resource that must not
be squandered Failure to provide them with a
quality education is short-sighted and detrimen-
tal to the future of our society.
I'm Kevin Erickson and because of that convic-
tion, I'm asking you to allow me the opportunity
to continue serving on the Ferndale School Board. Growing up
in Ferndale, attending Ferndale schools and having three sons
currently enrolled in the district gives me a broad perspective
on the local educational process.Time spent volunteering at and
participating in various school events, advocating for student
needs and attending college to become a veterinarian has fur-
ther developed my educational perspective.
As a school board member, I recognize that I represent the
people whom elected me and must be a good steward of their
Ferndale School District 502—Director District 2
Stuart McKay
Non -Partisan
No Photo I am a life long resident of Ferndale. I was
Submitted, raised in a business family and graduated from
WWSC (nowWWU) with a BA in Geography
and an Economics minor. I have worked at the
ARCO/BP refinery since 1973, for a series of
maintenance contractors, and presently wort: in
the BP Maintenance Department as a Planner. I am a member
of the Ferndale Heritage Society and the Whatcom County Old
Settlers Association and on the boards of both organizations.
I'm a proud father to a 2011 FHS graduate. Presently, I am finish-
ing my second term as a School Board Director and the board's
senior member.
The schools in Washington are operating in very tough times,
facing reduced operating funds, while our children must com-
pete in a world of accelerating changes and competition. Diffi-
Jeffrey Marks
Non -Partisan
"Each generation goes farther than the gen-
eration preceding it because it stands on the
shoulders of that generation. You will have op-
portunities beyond anything we've ever known"
Ronald Reagan
"The children in our schools today will be the first generation of
Americans who will be less educated than the previous genera
tion." Michelle Rhee, Founder of Students First.
Two quotes approximately a generation apart and strikingly dif-
ferent in their views.
I am Jeffrey Marks. My children are recent Ferndale graduates,
and I have step children en rotted at the elementary, middle and
high school levels. I believe schools should produce students
reflecting President Reagan's quote. For generations schools met
trust. I. must diligently strive to ensure that all their children
receive the best education possible and that their tax dollars are
spent responsibly. I must listen intently to their concerns, answer
their questions and research the issues to guarantee my ability
to make wise decisions.
Our children deserve an education that prepares them for the
future. I am commited to that responsibility, Thank you for your
trust and vote.
For More Information:
(360) 380-1644
Kevin HErickson @comcast. net
cult decisions must be made, while still maintaining the educa-
tional success of our children. Experience with the educational
process, and the complexities of state funding, regulations, and
laws, pertaining to the schools, is essential to making the best
decisions. I feel I bring the knowledge and experience to the
School Board that will continue to make Ferndale a community
that people come to, for the schools.
For More Information:
(360) 384-5372
mckay4schools@grnail.com
that standard; today, test scores show our students no longer
lead the world. I believe that returning education to this philoso-
phy begins at the locally and progress will be achieved when we
decide to be active in the process of change. I propose we start
the process of returning our students to the leadership role they
deserve by changing the status quo, providing great teachers
with practical solutions to real problems, adequate facilities, and
improved corrsmunication between educators, school adminis-
trators and community.
For More Information:
(360) 441-1380
marks4sciioolboar.,J@yahoo.com
Ferndale School District 502—Director District 3
Tim Ballew
Non -Partisan
No Statement Submitted.
No Photo
Subrnitted For More Information:
(360) 319-1631
vote4timballew@gmail.com
Hugh Foulke
Non -Partisan
Occupation/Employer: Constitution Educa-
tion Services, LLC; VP Secondary Education
programs. Other Career Experience: 25 years
public high school teaching, 17 in Ferndale; 10
years in junior high school teaching in Chris-
tian school and home school settings; 10 years
self employed in sales and manufacturing; 3 years conducting
education seminars for American Hearing Aid Associates; 2
years US Army.
Elected Experience: 2011, Saint Brendan's Vestry; 2010, GOP
State Convention delegate; 1970's, Sandy Point Fire Commis-
sioner; 1970's Ferndale Education Association president and
lead negotiator. 1970's FLAG Ferndale Library Advocates Group
board member.
Blaine School District 503—Director District 1
Campbell McClusky
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(877) 846-7069
cmcclusky@gmail.com
Blaine School District 503—Director District 2
Todd Berge
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 332-1213
todd.berge@comcast.net
Blaine School District 503—Director District 4
Charles Gibson
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 332-3830
Education: Germantown Friends School, Philadelphia; college
years spread from Vermont to Sweden to WWU in Bellingham
earning two bachelor degrees and teacher certification. Voca-
tional Education certification. Family: Whatcom County resident
since 1962, married to Nancy Foulke 17 years, 3 girls Deb, Mer-
edith, and Olivia and one granddaughter Amalie.
Candidate Statement: During WWII, I remember my parents
volunteering. Today, our country is similarly challenged. We
must all work to increase jobs and reduce debt even at the grass
roots. I want to help Ferndale students improve their chances
for employment by focusing on useful skills and attitudes for
employment. Nearly all of my professional work was aimed at
linking students to employers.
For More Information:
(360)312-0248
hnfoulke@comcast.net
61.X
Lynden School District 504—Director Position 1 Meridian School District 505—Director District 1
- Dominic Shiu
Non -Partisan
I am a product of public education.` I firmly
believe in the importance of public education in
bringing a better future for our kids.
I am honored to come forward and serve my
civic duty to help guide the Lynden School
District to continue to improve and become a
more superior education system. I see thatwe need to bring
our teachers together and provide them with the upgrading and
resources they need to properly educate our children. We must
remember ultimately it is the children that we are serving.
propose that we need to closely engage the parents in par-
ticipating in the undertaking of emphasizing the importance of,
education for their children. We must not lose sight of the fact
that it's the people that makes the difference in every child's edu-
Lynden School District 504—Director Position 2
— —
Gary A. Vis
Non -Partisan
No Statement Submitted.
No Photo
Submitted
For More Information:
(360) 354-6517
garya vis @comcast. net
Lynden School District 504—Director Position 3
- i Kevin Burke
Non -Partisan
No Photo No Statement Submitted.
Submitted For More Information:
(360) 355-8331
forburke@gmail.com
Lynden School'District 504-Director Position 4
Stephan Jilk
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 354-2218
stephen.jilk@frontier.com
cation, above everything else, that shape them into the adults
that they will become.
It is based on these, principles that I will serve to help enhance
the Lynden School District,
For More Information:
(402) 319-6851
dom'shiu @ yahoo. com
i Craig L. Wasilewski '
Non -Partisan
Na Photo No Statement Submitted.
Submitted For More Information:
(360) 398-2266
cwaz5@comcast.net
l� Meridian School District 505—Director District 4
FMarty R. Gray Feel free to a mail me with any questions that you might -have.
Non -Partisan Thanks again.
Running for Meridian School Board District 4. For More -information,
Photo Meridian graduate 1986. Thank you to all of (360) 510-5417
Submitted those in the community that encouraged me to martygray32 Cal yahoo. com
run. I love being part of this wonderful corri-
munity and• I am going to give it my best shot.
Meriplan School District 505—Director District 5
John Bosche
Non -Partisan
+4; I am an engineer who has spent the past 21
years working in wind energy. For the past 10
years, I Have owned a consulting firm, Chinook
Wind, which provides technical services to the
Wind energy industry.
My wife, Peggy, and I have been active as par-
ent volunteers with the Meridian school system for the past four
years. We have daughters in the 3rd and 4th grades.
Over the next several years, the Meridian school district will
be building a new high school, middle school, and elementary
school. As an engineer and business owner, I have experi-
ence working on large capital projects, so can contribute to the
hoard's work with such large -.scale projects.
Nooksack Valley School District 506=Director District 3
Cheryl Thornton
Non -Partisan
N7070to No StatemenfSubmitted.
N
Submitted For More Information:
(360) 966-5859
j cheryl @cloudmountainfarm.com
One of the school board's goals is to establish a center of excel-
lence for Science, Technology, Engineering, and Math (STEM). I
hope to support that goal through my involvement on the board.
I have followed issues related to math curriculum for years,
worked with the high school robotics team this past year, and
helped with math instruction for primary school kids for the past
three years. I will put my experience and passiorl to work on the
board to help Meridian accomplish its science and math goals.
For More Information:
(360) 398-2862
johnboscl,e1 @gmail,com
d
Nooksack Valley School District 506—Director District 4
Chris Haugen
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 988-0007
cjhaugen 13@hotmail.com
63
Nooksack Valley. School District 50 Director District 5
Mark Olson
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 988-4771
j coffee9753@aol.com
Mt. Baker School District 507—Director District 1
Gary Chadwick
Non -Partisan
No Photo As a newly appointed Board member of the Mt.
Submitted Baker School Board (selected by the current
school board) I am currently filling out the term
of the 1 st Dist. Position.
l have lived in the Mt. Baker School Dist. for
43 years, with my wife Jeanne, who taught
elementary grades at Harmony. I retired as Deputy Director of
the Whatcom County Parks; have been an active member of the
community and MBSD for all these years; and I find it an honor
to be currently serving as your 1st Dist. board member.
Mt. Baker School District 507—Director District 2
Ellen Dodson
Non -Partisan
No Statement Submitted,
No Photo
Submitted For More Information:
(360) 2015029 .
edodson592@aohcom
Mt. Baker School District 507—Director District 3
Trish Hart
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(366)592-5392
soccerwithhert@aol.com
Some of my community activities include: Board Member on
two Foundations, committee member for a MBSD levy, President
of two home owners associations, past president of Everson
Lions, past Area Governor ofToastmasters, First Aid instructor,
Trustee and Treasurer of our church. _
For More Information:
(360)592-5923
iegchadwick@gmail.com
Mt. Baker School District 507—Director District 5
1 Russ Pfeiffer -Hoyt :
Non -Partisan
No PhotoI have had the honor of serving with great
Submitted fellow board members on the Mount Baker
School Board for the past twelve years. An
important role of the board is to encourage
a culture pf academic excellence by support-
ing the great work of our dedicated teachers,
support staff, families and community. We focus on developing
a strong and coordinated academic program designed to chal-
lenge each student at their own level. As a result of the whole
district's efforts, Mount Baker High School is recognized as one
of the nation's top high schools.
Concrete .School District 11—Director District 2
Nerlene Buller
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information;
(360) 873-4344
westslope @wildblue.net
Concrete School District,11—Director District,3
F-- - Gladys Silrus
Non -Partisan
No Statement Submitted.
No Photo
I` Submitted For More Information:
(360) 826-4848
gsilrus @frontier. com
Concrete School District 11—Director District 5
Tony Hansen
Non -Partisan
No Statement Submitted.
No Photo
Submitted
As an individual board member I have also focused on financial
issues, including energy savings and protecting forest revenue,
to be able to put more of our money into the classroom. We are
now facing our most difficult year financially of my time on the
board. In difficult economic times our district will pull through
together and continue to flourish with steady leadership and
solid community support.
For More Information:
(360) 595-2512
saxoncreek@msn.com
65
Whatcom County Fire Protection District 1—Commissioner Position 1
4 S : Tim Wells
Non -Partisan
i For the past 25 years it has been a privilege
to volunteer for Fire District #1 where I am
currently an EMT/Firefighter for the Everson
Station. I have been married for 30 years and
have two adult children and I am self-employed
as a real estate broker. I enjoy volunteering in
the local schools and I am active in my church.
My experience with the fire district has given me insight into
knowing what the current issues are and what challenges the
district faces. I am dedicated to ensuring that Fire District #1
provides the best emergency medical care and fire fighting
practices available. To lead our district into a successful future
we need a commissioner with good communicating, listening
and compromising skills, which I feel I have. I have proven to
Mannix McDonnell
Non -Partisan
Hi my name is Mannix McDonnell. My wife Mary
`tir and I have been married twenty years, and have
lived within Fire District #1 for the last ten, raising
our five children. I am asking for and would ap
preciate your support for Fire Commissioner.
I have twenty years experience in the fire
service. Initially I became a volunteer firefighter/EMT before
becoming a career firefighter/EMT for the City of Bellingham. I
then successfully completed the Whatcom Medic One Paramedic
training program and served on the paramedic units for seven
years. Currently I am a Captain in the EMS Division and in ad-
dition a labor leader. Combined these have provided me with
a diverse knowledge of the fire service locally, statewide and
nationally,
Rod Lofdahl
Non -Partisan
We, as a community, have the utmost respect
for our volunteer firefighters. This respect needs
to be backed with fiscal responsibility, leader-
ship, and commitment from the community.The
best way to achieve this is to have community
representatives who demonstrate these traits.
I'm a fifth -generation Whatcom County resident. I earned a
Bachelor's Degree in Accounting and Economics from Western
Washington University. I have lived in Everson and have worked
as a local business leader for years. As an owner and the finan-
cial controller of a business located in the fire district, I work with
many local businesses contributing to the local economy.
I am running for Whatcom County Fire District 1 Commissioner
because I see an opportunity to give back to my community by
be dedicated to Fire District 41 for 25 years and I want to see it
continue to succeed and serve the community with exceptional
service. The opportunity to run for Commissioner Position 1 is
an honor and I am excited for the challenge.
Please vote forTim Wells, Commissioner Position 1
For More Information:
(360) 220-6302
tim@timwwells.com
Our District faces many challenges today and into the next
decade. Today's difficult economic times, constantly evolving
regulations and requirements continue to place ever-increasing
demands on our Fire District.
My goal as Fire Commissioner is to ensure that our limited tax
dollars are spent wisely, that our firefighters are well trained,
qualified and equipped to perform their duties. Our volunteer
firefighters are vital in maintaining our emergency services. I
will bring a fresh, positive perspective to these issues.
For More Information:
(360) 303-1261
providing a channel for the community to oversee the fire and
emergency medical services. I feel I bring a financially responsi-
ble perspective as a citizen, taxpayer, and business owner. I have
a ton of respect for first responders and I want to support our
fire district. Our firefighters perform an important and danger-
ous duty and have many needs to enable them to perform those
safely. Let's give them the first-class leadership they deserve.
For More Information:
(360) 592-5300
rlofdahl@yahoo.com
Whatcom County Fire Protection District 1—Commissioner Position 2
Orran Dodson
Non -Partisan
No Statement Submitted.
No Photn
SubmittedFor More Information:
(360)592-5352
edodson592@aol.com
Whatcom County Fire Protection District 4—Commissioner Position 2
Steve Ness
Non -Partisan
No Statement Submitted.
No Photo
Subrn; ed For More Information:
(360) 733-3858
liferescue @cc mcast. net
Whatcom County Fire Protection District 5—Commissioner Position 2
Bill H. Meursing
Non -Partisan
No Statement Submitted.
No Photo
Scti3rnitteri For More Information:
(360) 945-1840
nettysun@hotmail.com
Ed Demezzi
Non -Partisan
No Statement Submitted.
No Photo
Subinittea For More Information:
(360) 945-0702
edd@pointroberts.net
Whatcom County Fire Protection District 7—Commissioner Position 2
My goals are to continue measured steps to maintain and im-
prove services to all residents and businesses of District 7 in a
prudent and fiscal manner. I have been endorsed by the firefight-
ers of Whatcom County Fire District 7.
With your assistance, the District's goals can be achieved. I
respectfully request your vote the opportunity to serve you
once again.
Gerald D. Metzger
Non -Partisan
My name is Gerald D. Metzger. I have been a
life long resident of Whatcom County. I was
married 56 years until the passing of my wife
Dodie. I am a WWII veteran, a member of the
Washington State Grange and Whatcom County
Sheriff's Search & Rescue.
I have served the citizens of Whatcom County Fire District 7 for
the past 30 years as fire commissioner. Under my guidance Dis-
trict 7 has become a recognized leader of the fire service com-
munity in Whatcom County and the State of Washington, merg-
ing career and volunteer firefighters together while maintaining
a low tax rate to the public. Positive enhancements in the level
of fire protection and medical response have been accomplished
along with improvements in facility, personnel and equipment
during my tenure.
For More Information:
(360) 384-4986
66
Whatcom County Fire Protection District,7—Commissioner Position 2 Cont.
Kurt Jensen
Non -Partisan
` ! Current Occupation/Employer: Firefighter, City
l
j of Bellingham..
' Significant Career Experience: Three-year
r volunteer Firefighter/EMT B with Whatcom Fire
Dist 13,Two-year Firefighter/EMT-I atTurner Fire
- District in Oregon;Two-year volunteer Firefight-
er/EMTB with Whatcom Fire Dist 7; Fourteen -year Firefighter/
Engineer/EMT-B with Bellingham Fire Department; Welder with
Andgar Corp.; Participated in Facilities Advisory Board for Fern-
dale School District.
Education: Ferndale High School; A.A. Fire Science from Cheme-
keta Community College, Salem, OR.
Candidate Statement: I have been citizen of Whatcom County all
my life, and it's as a citizen first that I will bring my experience to
the Fire Dist 7 board of Commissioners. I have actively partick
pated in the.enormous amount of change that has happened
in Whatcom County Fire and EMS over my last twenty years in
the fire service. A struggling economy has added even more
challenges for the future of emergency service delivery. I intend
to bring fresh enthusiasm and.ideas to make sure that every tax
dollar is being spent in the most efficient manner possible. Pub-
lishing video or audio of public meetings will ensure that every
district citizen will have opportunity to observe and participate in
the decisions affecting their Fire and EMS service.
For More Information:
(360) 384-6812
kurtis,jensen@gmail.com
jensenforfire. com
Whatcom County Fire Protection District 8—Commissioner Position 4
Gail Kelley
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 384-6959
gkelley3341 @msn.com
Whatcom County Fire Protection District 8=Commissioner Position 5
L. H. (Butch) Markhart
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 733-2961
Whatcom County Fire Protection District 11—Commissioner Position 2
Wendell L. Terry For More Information:
Non -Partisan (360) 758-7132
No I wish to continue serving the Lummi Island wendellterry@hotmail:com
Photo community as a Fire Commissioner for Fire Dis-
trict #11. 1 have served as an appointed interim
commissioner for 2,years and then an elected
commissioner for another 2 years. I have been
a property owner on the island for 26 years
and a full time resident for 14 years. l am an active member of
the Grange Hall, Lummi Island Community Association, Island
Chapet, and Support Officer Services.The fire department is a
crucial piece in the fabric of our isolated community and I wish
to continue to build strong relationships within the island com-
munity and the greater community on the mainland.
67
Whatcom County Fire Protection District 14—Commissioner Position 2
Chris Moe
Non -Partisan
No Photo No Statement Submitted.
Submitted For More Information:
(360) 988-2209
baysideservices @msn.com
Leonard (Shorty) Blornstad
frequently attend the fire commissioner meetings and would use
Non -Partisan
my past experience and knowledge of the fire district to pro-
vide the residents & business with the best EMS & Fire service
No Photo
I have lived in the Kendall/Columbia Valley area
money can buy within the district's budget.
Submitted
of Whatcom County for over 20 years. I owned
operated my own small business, Kendall
For More Information:
-
Valley Construction, during those 20 years. 1
(360) 599-2628
served as a volunteer for Whatcom County Fire
shortyinparadise@hotmail.com
District 14 for 18 years and retired last winter. I
Whatcom County Fire Protection District ,1f>—Commissioner Position 2
Henry M. Maieng
Non -Partisan
No Statement Submitted.
No Photo
` Submitted For More Information:
(360) 595-2495
Whatcom County Fire Protection District 17—Commissioner Position 2
Ralph Peterson
j Non -Partisan
i No Photo No Statement Submitted.
Submitted For More Information:
(360)384-6101
rpsp 1 @comcast. net
Whatcom County Fire Protection District 18—Commissioner Position 1
Patrick E Blstlipe
personnel and purchasing I feel I can help the district and be a
Non -Partisan
service to,the community.
Photo
I am running for Fire Commissioner for Fire
For More Information:
Submitted
^District #18 because with over 12 years experi-
Pbbistline@gmail.coSubmittedence
as a. Firefighter/Captain forW.C.FD #18 and
over 20 years experience in business, budgets,
Whatcom County Fire Protection District 18—Commissioner Position 2
No Photo
Submitted
Socor o D. Ruiz
Non -Partisan
No Statement Submitted.
Glacier Fire and Rescue —Commissioner Position 2
—� Jan Eskola
,Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 599-2510
glacierwater@wildblue.net
Whatcom County Fire Protection District 21—Commissioner Position 2
I�Bill Salter
Non -Partisan
No Photo No Statement Submitted.
Submitted For More Information:
(360) 332-8246
psalterspad@aoLcom
7 Kelly Gambini
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 510-8713
kellygambini@.comcast.net
i_
Whatcom County Fire Protection District 21—Commissioner Position 4
T� Rich Bosman
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 354-4850
ldbosman@comeast.net
Whatcom County Fire Protection District 21—Commissioner Position 5
Larry McPhail For More Information:
Non -Partisan (360) 366-5548
I was born in Whatcom County in 1942. 1 at- loggar56@aol.com ,
tended Lynden High School and graduated from
Skagit College. I spent 2 years in the U.S. Army.
i worked three years for the U.S. Border Patrol
and 26 years for U.S. Customs. I have been a
Fire Commissioner for 2 years for District 21. 1
have lived in Whatcom County for over 60 years.
As a Fire Commissioner I have and will strive to provide the
highest quality of service forthe public at the most reasonable
cost. As a Fire Commissioner I have.attended 3 Fire Commis-
sioner schools in the past 2 years.
Whatcom County Fire Protection District 21—Commissioner Position 5 Cont.
Dean A. Berkeley
Non -Partisan
Dean is a certified Fire Fighter and a member of
NWFR. Dean has served as past Vice Preside,
It
of the Sedro Woolley Fire Department Asso-
ciation which included his responsibilities of
ensuring members had current training and
regularly attended meetings and training, fund
raising for the community and building a strong community net-
work: Dean has been an active fund raiser for the burn children
recovery foundation of Everett, WA.
Dean is an Entrepreneur in the steel industry; he is the Treasurer
and past President of his HOA and brings the desire to bring the
community closer to the local fire service.
My goal is to bring back a strong community involvement with
the fire service. I would like to see the current NWFR fire houses
I
South Whatcom fire Authority —Commissioner District 2
Winton Wefer
Non -Partisan
I was born in Bellingham in 1927 and grew up
r ; on the family farm on the east side of Lake
Samish. My education started in a one -room
schoolhouse at Autumn Lane and East Lake
Samish Drive. In my senior year at Bellingham
High School, I enlisted in the US Navy. I at-
tended Washington State'College receiving a Bachelor's Degree
in Agriculture with a forestry major. I presently live,in the home
I built on Lake Samish in 1953. My working career of 37 years
included Puget Sound Pulp andTimber and Georgia Pacific as a
forester and logging supervisor.
I have'served as a Fire Commissioner for the Lake Samish Dis-
trict 9 from 1957 to 2009. During that time I was a volunteer fire -
South Whatcom Fire Authority —Commissioner District 3
Bob Ekdahl
Non -Partisan
No Statement Submitted.
No Photo'
Submitted For More Information:
(360) 671-6254
rvekdahl@comcast.net
Water District 2—Commissioner Position 1
Chuck Foster
Non -Partisan,
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 671-5394
staffed through'paid on call or volunteers. Paid on call and
volunteer fire fighters are trained to the same NFPA standards as
paid staff.
My first priorities are to review the response times and fire
fighter training. In these tough economic times, volunteers are
crucial to our success. Let me be your voice as Lhave the ability
and desire to revitalize the community spirit. I encourage you to
be more involved with your fire service.
For More Information:
(360) 661-5868
daberkeley@aol.com
man for 37 years. In 2009, Lake SamishNVhatcom County Fire
Protection District 9 joined Districts 2, 6 and 10 to form the South
Whatcom Fire Authority. I was selected to represent District 9 on
the Board of Commissioners. If elected as a Fire Commissioner,
I will continue to work towards molding the four districts into a
cohesive organization to provide protection and service to the
residents in the South Whatcom Fire.A'uthority. ,
For More Information:
(360) 733-6413
70
_ - -- 7 1
Water District 2—Commissioner Position 2
Greg Christensen
Non -Partisan
No Statement Submitted.
No Photo
Submitted
Water District 7—Commissioner Position 2
Wendell Poole
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 671-7071
westernaudio@qwestoffice.net
Water District 13—Commissioner Position 2
Thomas L. Watkins
Non -Partisan
I am seeking a 2nd term serving the residents of
Water District #13. As a Water District Commis-
sioner, there are a number of critical decisions
# that are made on behalf of ratepayers. I have
taken this responsibility very seriously and
regularly attend the Commissioner Accredita-
tion Program of the Washington Association of Sewer and Water
Districts in order to increase my knowledge regarding district
compliance issues and operations.
Over the past six years, I have participated in supporting many
positive changes in the District.The current board has. worked
very well together as a cohesive team.This has allowed us to
increase district revenue and savings without the necessity of a
rate increase. At the same time, we provide our residents with
Point Roberts Water`District 4—Commissioner Position 2
Scott Hackleman
Non -Partisan
No Photo As a water commissioner, I feel we need to
Submitted get our dollar's worth for what we pay, but for
decades there has not been adequate funding
for infrastructure replacement. Now it's time for
it to break, and time for us to pay for it.
some of the most pristine water in the State of Washington. Our
water is untreated and I am dedicated to maintaining this excel-
lent water quality standard.
For More Information:
(360) 599-3231
virtualdoc2@yahoo.com
Birch Bay Water and Sewer District —Commissioner Position 2
Don Montfort
Non -Partisan
No Statement Submitted.
No Photo
Submittec! For More Information:
(360) 410-8106
dmontfort@comcast.net
Lake Whatcom Water and Sewer District —Commissioner District 1
Laura Weide
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 733-6525
Lake Whatcom Water and Sewer District —Commissioner District 2
Todd Citron
Non -Partisan
No Statement Submitted,
No Photo
Submitted For More Information:
(360) 715-3453
Lake.Whatcom Water and Sewer District —Commissioner District 5
John W. Millar
Non -Partisan
No Statement Submitted.
Na Photo �
.Submitted For More Information:
(360) 933-4249
ca4millar@msn.com
Samish Water District —Commissioner Position 1
Gordon Nolan
Non -Partisan
No Statement Submitted.
'No Photo
Submitted For More Information:
(360) 756-0233
gpnolan@q.com
Samish Water District —Commissioner Position 2
Mike Roberts
Non -Partisan
No Statement Submitted.
No Photo
Submitted
Glacier Water District 14—Commissioner Position 2
Ellen Baker
Non -Partisan
No Statement Submitted.
No Photo For More Information:
Submitted
(360) 599-2544
orion@telcomplus.net
72
73
Acme Water District 18—Commissioner Position 1
Patrick Booth
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 707-1857
patinacme@gmail.com
Acme Water District 18—Commissioner Position 2
Gabriel Harder
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 201-9285
Columbia Valley Water District —Commissioner Position 2
Shane Janitscheck
Non -Partisan'
.. I've been a Whatcom'County resident for most
of my life. Now, my wife and I live here in
Paradise and have been home owners for the
last ten years. I'm running for Water Commis-
sioner to be a watch dog of the communities
funds and to make sure that our Water District
has the best staff in and out of the office at a "fair wage.' I also
believe that we can develop a water rate based on a per -use fee
that is fair fair to all residents, including those who are on fixed
incomes. As Commissioner I will work hard to maintain our wa-
ter system and give full disclosure of all spending. If you have
questions please e-mail me: Thanks for your support.
Shane Janitscheck
Gerald Kern
Non -Partisan
No Statement Submitted:
No Photo
Submitted For More Information:
(360) 599-2014
For More Information:
(360) 393-4815
shanejj57@hotmail.com
Columbia Valley Water District —Commissioner Position 3
Victoria Anderson
Non -Partisan
The Kendall community is a growing area that
has already changed significantly,over the last
ten years. My husband and I moved -hereto
begin our family and found a true home in this
community where I plan to be a part of the
continuing growth.
For the better part of 20 years I have been involved in educa-
tion as a student, and for the past few years as an instructor. I
recently graduated from WWU, where I am currently teaching,
with a Master of Science in mathematics. The analytical skills
I possess, coupled with the teamwork, professionalism, and
organizational skills I have acquired through teaching and other
work experience will give me a unique perspective and insight
for implementing cost effective improvements'at CVWD.
- Ben Kieldgaard
Non -Partisan
As a candidate for commissioner of Columbia
�. Valley Water District, I look forward to continued
service to the community. I know how important
a safe, dependable, and affordable water supply
is for the health of a community and its' citizens.
Cemetery District 1—Commissioner Position 2
Wade A. Pettigrew
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 393-0832
queen.ofhearts.2010.sp@gMail.com
Cemetery District 2—Commissioner Position 2
Karen Weber
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(415) 816-0874
kweberlummiisland@yahoo.com
Cemetery District 2—Commissioner Position 3
Janet Lutz -Smith
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 758-7112
janls@mac.com
The current commissioners have felt free to increase spending,
even in the current economic environment, without giving the
public an extended overview of how this will impact our water
district in the future. The district has, been spending in areas that
are unnecessary, inefficient, and costly to our district. I believe
that we can achieve a higher standard of water service and cut
costs by becoming more efficient and aware of our spending.
For More Information:
(360) 391-9565
torium7l@hotmail.com
As a small business owner with many years of experience in the
construction industry, I feel I have the knowledge and practical
ability to help guide the district in providing this valuable service
to our community.
For More Information:
(360) 599-1705
benk5OOO@comcast.net
75
Cemetery District 3—Commissioner Position 2
Ruth Hanson
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 599-2914
1
Cemetery District 4—Commissioner Position 2
- Dixon Stremler
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 398-0159
Cemetery District 5—Commissioner Position 2
Kenneth John Ferry
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360)592-5079
kenjferry@gmail.com
Cemetery District 6—Commissioner Position 2
j Jerry Ferrier
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 384-5310
jerryferrier@yahoo.com
Cemetery District 6—Commissioner Position 3
Bunny Taylor-Ochoa
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 820-4681
andyybunny@hotmail.com
Cemetery District 7—Commissioner Position 2
Mario Bonilla
Non -Partisan
I feel strongly that it is the responsibility of
citizens to take their turn and share the load of
elected leadership in their communities. Now
is my time and I am asking for your vote for
Commissioner, Position 2, Cemetery District
7. 1 have the energy and the desire to preserve
the efforts of past commissioners, help manage our historic
cemeteries through these tough economic times and plan for the
future. Our districts two cemeteries, Enterprise and Mountain
View contain some of the most precious stories in Whatcom
County. The heritage that they left behind deserves to be pro-
tected and honored. -1 commit to working hard to do that.
Our family has called Ferndale's 7th district home for 21 years
and five of our seven children graduated from FHS. My wife
Cemetery District B—Commissioner Position 2
Dan Bourks
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 945-0718
dsdosh @pointroberts.net
Patricia Birchall
Non -Partisan
No Statement Submitted,
No Photo
Submitted For More Information:
(360) 945-3081
p_bircha1198281 @yahoo.com
Cemetery District 9—Commissioner Position 1
Tom Jones
Non -Partisan
No Statement Submitted,
No Photo
Submitted For More Information:
(360) 966-5438
MLTJones @comcast. net
Cemetery District 9—Commissioner Position 2
Tod Arnason
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 392-4807
vradder@hotmail.com
of 43 years and I are active in our church, having served in
many callings.
Volunteerism is an important part of my life. I have served on
the board of the Ferndale Boys & Girls Club, mentored with Big
Brothers Big Sisters and for many years I have assisted the FFA
program at FHS.
I served honorably in the Navy during the Vietnam War.
For More Information:
(360) 389-6743
thejedis@aol.com
77
Cemetery District 18—Commissioner Position 2
James Browne
Non -Partisan
l No Statement Submitted.
No Photo
Submitted For More Information:
1 (360) 510-2272
Cemetery District 11—Commissioner Position 2
Gerald Tenkley
Non -Partisan
No Statement Submitted.
No Photo For More information:
Submitted
gdtenkley@msn.com
Point Roberts' Park and Recreation District 1—Commissioner Position 1
Mark Robbins
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 945-1357
k marrobbins@prodigy.net
Point. Roberts Park and Recreation District 1—Commissioner Position 2
Beverly Griffith
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 945-1346
Point Roberts Park and Recreation District 1—Commissioner Position 3
--------- Mary Edgley
Non -Partisan
No Statement Submitted.
No Photo
Submitted For More Information:
(360) 945-0688
medgleym@gmhil.com
Point Roberts Park and Recreation District 1—Commissioner Position 4
Heather Good
.Non -Partisan
I am putting my name forward to serve on the
board of our Point Roberts Parks and IRecre-
ation District to complete the open term of a
departing commissioner. 1 have been a mem-
ber of this unique community for 10 yaars, and
I am proud to live here on this treasure of an
unspoiled peninsula.
I bring relevant skills from my 20 years of experience in busi-
ness management, after a long career as both a self-employed
consultant and the president of a multimedia talent agency.
Managing the demands of a limited budget to best serve the
needs of many is a skill I can contribute. I am a longtime volun-
teer with the Point Roberts Arts Foundation and Point Roberts
Emergency Preparedness Group. For three summers I worked'
as a counselor with the Parks and Recreation youth program
here in Point Roberts.
I believe the existing board has done a stellar job of providing
both environmental stewardship and positive growth opportuni-
ties. I am no great proponent of change, l would tend towards
preservation of the legacy and abundance that surrounds us
here - however great things can be achieved within limited
means with. creative ideas and a passion for exceNence.
For More Information:
(360) 945-0784
equinox@pointroberts, net
ecliptic.com/Pointrobetis
Poldt Roberts Park and Recreation District 1—Commissioner Position 5
Linda Hughes
Non -Partisan
No Statement Na Photo No Submitted.
Submitted For More Information:
(360) 945-0812 - .
PRParks@pointroberts.net
Northwest Park and Recreation District 2—Commissioner Position 1
Richard C. Sturgill
Non -Partisan
No Statement Submitted.
No Photo
5ut3mitted For More Information:
(360) 332-5742
res3@comcast.net
Northwest Park and Recreation District 2—Commissioner Position 3
Jeffery Carrington
Non -Partisan
No Statement Submitted,
No Photo
Submitted Fol More Information:
(360) 220-3224
Jjdc4177@msn.com
'Northwest. Park and Recreation District 2—Commissioner Position 5
-
Douglas A. Robertson
Non -Partisan
No,Statement Submitted.
No Photo
Submitted
For -More information:
(360) 961-7482
bbhrdougC-?me.com
78 Ballot Measure e y
Lynden Regional Park and Recreation District 3—Commissioner Position 2
Ron Van Soest
Non -Partisan
No Photo No Statement Submitted.
Submitted For More Information:
(360) 224-8228
RvansoestI @yahoo.com
Lynden Regional Park and Recreation District 3—Commissioner Position 3
Plan and recent citizen survey on park and recreational needs.
If elected, I will work to extend the trail system, add restroom
and parking facilities to Bender Fields, make improvements to
Berthusen Park, work on amenities to theYMCA and do my best
to create additional park areas. I ask for your vote and support
on accomplishing our goals.
Bob Bandarra
Non -Partisan
' I am committed to doing community service
and representing citizens' interest as a Com-
missioner in the Lynden Regional Parks and
Recreation District. As a previous Mayor and
City Council member for the City of Bothell, I
understand the statement - doing more with
less. Since my recent appointment to the Board, I have had the
opportunity to review the Regional Park and Recreation Master
For More Information:
(360) 778-1143
bbandarra@comcast.net
Lynden Regional Park and Recreation District 3—Commissioner Position 5
Bob Fraser
Non -Partisan
No Photo No Statement Submitted.
Submitted For More Information:
(360) 354-1659
bfraser@comcast. net
Hospital District 304—Position 2
1 Chuck Ruhl
1 Non -Partisan
No Photo No Statement Submitted.
Sub,,nnted For More Information:
1 (360)854-9133
lemleychapel@frontier.com
Hospital District 304—Position 4
Daniel Garcia
Non -Partisan
No Photo No Statement Submitted.
Submitted For More Information:
(360) 853-8183
dgarcia@evmedical.org
Point Roberts Public Hospital District —Commissioner Position 1 .—
Robin Nault
Non -Partisan
NO Photo No Statement Submitted.
Submitted For More Information:
(360) 945-1301
rnault@pointroberts.net
Whatcom County Charter Amendment No. 1
(Submitted by the County Council)
Salary Commission
The Whatcom County Council has proposed an amendment to the Whatcom County Charter concerning establishment of an
independent salary commission. This measure would establish an independent salary commission to fix the compensation of
Whatcom County elected officials, subject to a referendum by the people. Should this proposal be approved?
YES_ NO —
Explanatory Statement
The County Council currently sets salaries for County elected officials. This proposal would establish an independent citizens'
commission on salaries for elected officials. If passed, this commission would meet every two years and fix the salaries for the
County Council, Executive, Assessor, Auditor, Prosecuting Attorney, Sheriff, a n d Treasu rer. The County Council would no longer
set salaries. Salaries set by the commission would still be subject to other applicable laws and limitations.
Statement For:
If you approve Amendment 1, an independent Salary Commis-
sion will be created to establish the salaries of Whatcom County
elected officials. Ten Commission members (four appointed and
six randomly selected registered voters) would meet every other
year to develop an appropriate salary schedule for the county
council, executive, assessor, auditor, clerk, prosecuting attorney,
sheriff and treasurer.
The salary recommendations of the Commission would become
effective in the year following adoption, bypassing the council
and executive, subject to a referendum of the people. The creation
of such a commission brings Whatcom County into greater align-
ment with the compensation practices of the state of Washing-
ton and many cities. We recommend approval for the following
reasons:
• The Commission structure allows independent citizens to
conduct a thorough analysis of comparable private and public
sector jobs.
• Commission recommendations would be implemented without
any interference by the executive or the council, thus removing
any temptation to let politics interfere in compensation.
By approving Amendment 1, you place the important business
of fairly compensating our elected officials in the hands of an
independent citizens' Salary Commission where decisions can be
based on the demands of the job rather than individual personali-
ties and political allegiance.
Please vote YES.
Rebuttal of Statement Against:
Government is most transparent and open when citizens
participate directly. The idea that Whatcom County voters are
too uninformed to set their elected officials salaries is offensive
and wrong. Nothing would prevent the citizen's salary commis-
sion from consulting with the people of Whatcom County as it
works. Commission recommendations do not take effect for
a year, allowing plenty of time for those disagreeing with the
commission to request a vote of the people. VoteYES!
Statement For prepared by: Jack Hovenier and Kevin Zander
Statement Against prepared by: Advocates for Public Accountability
Statement Against:
The real purpose of this ordinance is to eliminate Charter provi-
sions tying the County Council's salary to the Executive's salary,
making Council salary increases easier.This should be resolved
with a more direct, transparent Charter amendment. A salary com-
mission has unintended consequences that reduce our control
over County government. We are creating an appointed commit-
tee with important legislative power, but no public accountability.
Currently, salaries for elected officials are established by County
Council. Council members know how the County operates, which
is the basis for setting fair salaries. Council members are elected
by, and accountable to, the public. Council actions are constantly
scrutinized. This helps protect public transparency and account-
ability in salary determinations.
The proposed 10 member salary commission contains 4 mem-
bers selected by the County Executive, and 6 citizen members
selected randomly. Randomly chosen members, with unknown
backgrounds, will make decisions impacting County operations.
Committee decisions are not subject to any review and approval
process, except for public referendum. Additional Courrty resourc-
es, funded by the public, will be needed to create and assist the
commission.
Why complicate the salary process or increase instability in gov-
ernment operations? Why increase public costs while reducing
public power and government accountability? Vote NO.
Rebuttal of Statement For:
As a Home Rule Charter County, our priority is local control, not
alignment with non -mandatory state practice. The amendment
replaces local determination regarding balance of power, con-
tained in the Charter, with a state statute. Citizen appointees are
no less free of personal/political agendas than Council members,
Inexperienced appointees may be more vulnerable to political
interference from special interests, particularly without a public
hearing requirement. Not all County elected positions have private
sector counterparts. Vote No!
Complete text of this measure may be found on page 86
Statements for, statements against, and rebuttals are the opinions of the authors and have not been checked foraccuracy by any government agency.
80 Ballot Measure
City of Bellingham Initiative No. 2011-01
City of Bellingham Initiative No. 2011-01 concerns automated traffic safety cameras. This measure would require the removal of any
automated cameras used to issue tickets for stoplight, railroad crossing, and school zone violations installed under a 2010 ordinance
and prohibitthe installation of such cameras to issue tickets, unless approved by City Council and a majority of voters at an election,
and limit the penalty to the lowest parking ticket fine. Should this measure be enacted into law?
Yes?_ No?
Explanatory Statement
Bellingham Municipal Code Chapter 11.16 authorizes the use of automated traffic safety cameras to detect stoplight violations,
railroad crossing violations, and school speed zone violations. That chapter also establishes standards and restrictions regard-
ing the use of the cameras.
This measure was intended to restrict the City's use of automated traffic safety cameras. On September 6, 2011, the Washington
State Court of Appeals declared this measure beyond the scope of local initiative power and an invalid initiative. Even if passed
by a majority of voters, this measure will not be legally binding.
Statement For:
Thanks to 7000 Bellingham citizens who supported this initia-
tive which simply requires the government to ask voters per-
mission before corporations install profit -driven surveillance
cameras. Voting "yes".gives the voters the right to decide -
voting "no" means you trust the corporations.
INITIATIVE #2011-01 GIVES CITIZENSTHE CHANCETO DECIDE
After voters OK our initiative, local traffic engineers can then
lead the discussion on implementing more effective (albeit
less profitable) strategies such as education and awareness
measures, intersection design changes, flashing warning
lights, solar -powered speed indicator signs, etc.Those ap-
proaches are much more in line with the way we do things
in Bellingham. Public hearings were denied and the contract
was quietly signed, violating due process.
Bellingham's small town feel is ours to cherish. Slapping up red
light and speed ticketing cameras, inviting corporations to treat citi
zees like ATM machines takes that away - it hurts our community.
Automatic ticketing cameras would export $342,000 (mini-
mum) annually away from the Bellingham economy, sending
it to a Goldman Sachs -backed corporation in Arizona. Our city
admits that research shows the red-light cameras increase
collisions by 14%, while not substantially reducing fatalities.
Let the people decide. VoteYES on #2011-01.
For information visit http://www,bhamcamscam.com
Rebuttal of Statement Against:
Opponents want to slam the door on citizen involvement, say-
ing democracy "wastes time and money" We think trans-
parency is key to a fair process. Your vote creates important
checks and balances putting citizens on a level playing field
against powerful corporate interests and lawsuits. Nearly
7000 citizens worked hard for important changes to establish a
more fair and democratic process. Opponents want to reverse
our democratic progress. If you support democracy and want
cameras removed now, not later (there are several ways they
can get out of the contract early without violating it), vote yes.
Statement Against:
Traffic safety cameras are a good idea. Bellingham has seri-
ous traffic safety problems - drivers run red lights and speed
through school zones. At Holly and Forest, drivers run red
lights almost every 15 minutes.Traffic safety cameras change
poor driving behavior. Using 2 police officers to ticket at red
fights (pne to see it, one to ticket across the intersection) is
a poor use of police resources when cameras will do the
job. Bellingham will have six cameras; signs will be posted
alerting drivers that cameras are present. Photographs of red
light running and school zone speeding violations are taken
when they occur. The pictures are secured on-line where Bell-
ingham police review them to determine who gets ticketed.
The driver has access with a security code to see their pic-
tures; photos are archived in 30 days. Like a parking ticket,
it's not on your record. The fine is the same as tickets from
police. Lowering the fine to $10 (lowest parking ticket) will
not motivate drivers to change bad driving. Requiring a vote
of the people wastes time and money. Cameras save money
and help keep our streets safer for everyone. We urge you
to vote NO on this initiative.
Rebuttal of Statement For:
Traffic safety cameras can change unsafe driving habits. Flash-
ing lights don't seem to be enough to stop poor driving habits
anymore. Cameras ticket drivers when running red lights or
speeding through school zones. Safe drivers have nothing to
fear from traffic cameras. Fines are equal to those on a ticket
by a police officer and will fund the criminal justice system.
Voting no is good common sense. VOTE NO for SAFER BELL
INGHAM STREETS.
Statement For prepared by:Transportation Safety Coalition
Statement Against prepared by: Rebecca Johnson, Orphalee Smith,Todd Ramsay Complete text of this measure may be found on page 87
Statements for, statements against, and rebuttals are the opinions of the authors and have not been checked for accuracy by any government agency.
Ballot Measure 8.1
Whatcom County Cemetery District No. 1
Proposition No. 1 -
Levy Lid Lift
The Board of Cemetery Commissioners of Cemetery District #1, Whatcom County Washington, adopted Resolution No. 01-11 con-
cerning a proposition to restore the District's regular property tax levy. The prdposition authorizes the District to restore its regular
property tax levy to an amount not to exceed ($.1125) per $1,000.00 of assessed value for collection in 2012 to pay operational cost
increases, and set the limit factor at 100% plus the annual percentage change for each of the six years (2012 to 2017). 2016 levy
amount will be used to calculate subsequent levy limits. Should this proposition be:
Approved?_ Rejected?.
Explanatory Statement
Per RCW 84.55.050, " ...regular property taxes may be levied by or for a taxing district in an amount exceeding the limitations pro-
vided for in this chapter if such levy is authorized by a proposition approved by a majority of the voters of the taxing district voting..."
If passed, this proposition would provide SevenThousand Nine Hundred Forty -Two Dollars ($7,942.00) for the General Fund of
Cemetery District #1 through a levy lid lift of (.1125) per OneThousand Dollars ($1,000.00) of assessed valuation levied upon tax-
able property within the districuThe levy would extend six years, beginning in 2012.
Statement For:
For many years, the district had a surplus of funds, and was
able to operate off the interest of those monies. Over the
years, those funds have slowly dwindled to approximately
$15000.00. With this decrease in funds also comes a de-
crease in interest income for the district. Other sources of
revenue for the district come from the sale of plots, and
donations from the public. For the past three years, the
annual revenue has been roughly $2500.00. Sadly, district
income has decreased while expenses have increased. For
those same three years, expenses have been approximately
$10,000.00 per year. We need to increase our revenue and/or
decrease our expenses. Sixty percent of the yearly budget is -
for wages; mostly that of the part time sexton. The remainder
of wages is paid for mowing from late spring through fall.
Other expenses include taxes, insurance, maintenance on
equipment, and toilet rental. While we hate to bring on more
taxation at a time when our economy is at an all time low, we
know that it is necessary for the continued maintenance of
our cemetery. Please vote yes on Proposition 1.
Rebuttal of Statement Against:
No Statement Submitted
Statement For prepared by: Committee for the Approval of Prop. 1 - Levy Lid Lift
Statement Against:
No Statement Submitted
Rebuttal of Statement For:
No Statement Submitted
Complete text of this measure may be found on page 87
Statements for, statements against and rebuttals are the opinions of the authors and have not been checked for accuracy by any government agency.
82 Ballot Measure _ _ Ballot Measure 83
Proposition No. 1 Proposition No. 1
Point Roberts Park and Recreation District #1 Northwest Park and Recreation District #2 Levy
Shall a tax, of approximately $0.084065 cents per thousand dollars of assessed valuation (based on 100% of true and fair value) to
provide $49,500 {forty-nine thousand five hundred dollars) for operation and maintenance purposes be levied for the Point Rob-
erts Park and Recreation District 41 in 2011 for collection in 2012, 2013, 2014, 2015, 2016, and 2017 upon all taxable property within
the District, all as specified in Point Roberts Park and Recreation District #1, Resolution One?
Levy Yes_
Levy No
Explanatory Statement
The purpose of this proposition is•to provide $49,500 for the General Fund of the Point Roberts Park and Recreation District for
operations and maintenance of the District. Such levy is to be made in 2011 for collection in 2012, 2013, 2014, 2015, 2016 and 2017.
The district may expend the proceeds of such levy during that period to pay the general expenses of maintenance and operations
as allowed by law. Approval of the proposition is necessary to allow the District to provide continued funding of maintenance
and operations at the Point Roberts Community Center and Baker Field.
Statement For:
Point Roberts Park & Recreation District #Vs proposition
asks the taxpayers to approve a six year levy in the annual
amount of $49,5500 commencing in 2012 and ending in 201'7.
This levy equals $0.084 per $1,000 of assessed value and will
pay for essential operating, (utilities), and limited, yet manda-
tory maintenance expenses, (roof patching, ceiling tiles), for
the Point Roberts Community Center (PRCC). Funds will also
prevent Baker Field and other assets from further declining to
a substandard level.
PRCC serves essential Point Roberts' citizens' needs. Without
voter approval, the Park District will close PRCC for lack of op-
erational Funds which will be Exhausted by April 2012.
Without levy approval, all Point Roberts based organiza-
tions will be negatively impacted since they depend on PRCC
and include: PR library, Seniors Association, PR Emergency
Preparedness, Food Bank, the Voters Association, PRTaxpay-
ers, Historical Society, PR Dollars for Scholars, PR Community
Garden, Drawing Club, DIGIVATIONS INSTITUTE's NASA
Programs, Rose Society, Karate, PR Primary School public
functions and the Kids Summer Camp program.
Without levy approval, Point Roberts' vibrancy will be shut-
tered since the District will have no funds to serve essential
community needs in education, public services, safety, and
social programming.
Rebuttal of Statement Against:
No Statement Submitted
Statement Against:
No Statement Submitted
Rebuttal of Statement For:
No Statement Submitted
The Board of Commissioners of Northwest Park and Recreation District No. 2 adopted Resolution No. 2011-01 concerning a
proposition to impose a property tax levy of $0.10 per $1,000.00 of assessed valuation for a six (6) year period (2012-2017) to fund
staffing, operations, maintenance and capital improvements in order to provide programs, an activity,center and park and recre-
ational improvements for people of all ages in the greater Blaine -Birch Bay area.
Should this proposition be approved? Yes_ No
Explanatory Statement
The Northwest Park and Recreation District #2 provides recreational and leisure activities, classes, sports and programs; operates
and maintains an activity center, including a gymnasium; and builds trails, playgrounds, park amenities and ball fields for people
of all ages in the Blaine -Birch Bay area.
The Board of Commissioners adopted Resolution No. 2011-01 concerning a proposition to impose a property tax levy of $0.10 per
$1,000.00 of assessed valuation for six (6) years (2012-2017) to fund staffing, operations, maintenance and capital improvements
in order to provide such programs, an activity center and park and recreational improvements.
Statement For:
$20 per year from a residence with an assessed valuation of
$200,000 over a six year period would provide predictable
and dependable funding to allow the Northwest Park and
Recreation District to establish and grow a robust program of
classes, sports opportunities, recreational events and leisure
time activities for all ages.
Especially targeted will be intra- and inter -community trails to
provide safe bicycle and pedestrian connectivity between and
around Blaine and Birch Bay. The establishment of readily ac-
cessible Ball fields will be a priority. Additional amenities such
as playgrounds, off -leash dog areas, Frisbee golf and the like
will leverage the public use of existing parks belonging to WA
State Parks, Whatcom County and the City of Blaine -
Please vote YES.
Rebuttal of Statement Against:
No Statement Submitted
Statement Against:
No Statement Submitted
Rebuttal of Statement For:
No Statement Submitted
Statement For prepared by: PRO COMMITTEE - Dr. Steven Lee Berman, Chairperson; Mr. Douglas Ritchie; Mrs, Davea Fisher Statement For prepared by: Marsha L. Hawkins, Blaine; Kathy Berg, Birch Bay; Doralee Booth, Birch Bay
Complete text of this measure may be found on page 88 Complete text of this measure may be found on page 89
Statements for, statements against, and rebuttals are the opinions of the authors and have not been checked for accuracy by any government agency. Statements for, statements against and rebuttals are the opinions of the authors and have not been checked for accuracy by any government agency.
I
84 + 8
Returning Your Ballot
By Mail
Your ballot will count if your envelope is postmarked by Election Day, November 8, 2011.
1st Class postage is required.
If You Do Not Wish to Return Your Ballot by Mail
No need to wait until Election Day to drop your voted ballot off!You can drop your ballot off as soon as
you vote at one of the following locations:
Whatcom County Auditor's Office
Whatcom County Courthouse
311 Grand Ave., Suite 103
Bellingham, WA
OR
Courthouse Drive -Up Ballot Drop Box
South Courthouse Parking Lot
Accessible from Grand Avenue only
201 Grand Avenue
Bellingham, WA
Open: 24/7 beginning October 21 at 8:30 a.m.
Closes: 8:00 p.m. on Election Day, November 8
Hours: Monday - Friday
8:30 a.m. to 4:30 p.m.
Election Day Only: 7:00 a.m. to 8:00 p.m.
Election Day ONLY - Ballot Drop Site:
Hours: 7:00 a.m. - 8:00 p.m.
Western Washington University ................................. Viking Union, Room 714, Bellingham, WA
Additional drop site locations will be available. Please refer to the insert
enclosed, with your ballot for your nearest drop site location.
Washington State Law Prohibits Ballots Deposited
After 8:00 p.m. on. Election Day From Being Counted.
Accessible Voting Unit
What is an Accessible Voting Unit?
An accessible voting unit (AVU) is federally
required. It is equipped with visual and audio
technology that allows voters with impaired vision
and/or physical disabilities to vote a secret ballot.
The AVU is an accurate and secure way to vote.
Where will the AVU be located?
The AVU will be located at the Whatcom County
Auditor's Office, Whatcom County Courthouse,
311 Grand Ave., Suite 103, Bellingham, WA.
When can I vote using the AVU,?
You may vote beginning Friday, October 21, 2011.
The AVU will be available to vote in the Auditor's
Office Mon. -- Fri., 10.00 a.m. -- 3:00 p.m,
The AVU will be available on Election Day,Tuesday,
November 8, 2011, from 7:00 a.m. - 8:00 p.m.
How can I be sure my vote
will be counted?
The AVU displays a paper record of your
selections before you cast your ballot.Your secret
Ballot is electronically stored and it cannot be
traced hack to you.
I
Please contact the Whatcom County Election Division at (360) 676-6742
orTTY (360) 738-4555, Monday through Friday, 8:30 a.m. to 4:30 p.m.
$6 Ballot Measure CompleteText
Complete Text'
PROPOSED BY: CONSENT
SPONSORED BY: CONSENT
INTRODUCTION DATE: JULY 12, 2011
ORDINANCE NO.2011-026
SUBMITTING A PROPOSED
CHARTER AMENDMENTTOTHE VOTERS OF
WHATCOM COUNTY
TO CREATE A CITIZENS' COMMISSION ON
SALARIES FOR ELECTED OFFICIALS
WHEREAS, the people of Whatcom County adopted a Home
Rule Charter in 1978, setting forth the current form of county
government; and '
WHEREAS, in adopting the Charter forWhatcom County the
duties, terms, composition, and powers of the legislative branch of
county government were established; and
WHEREAS, Whatcom County Charter Section 2.20 places
the responsibility of setting salaries for all county officers with the
County Council; and
WHEREAS, RCW 36.17.024 provides that salaries for county
officers can be set by an established ten -member citizens'
commission; and
WHEREAS, the Whatcom County Council supports amending
the county charter to a process whereby elected officials' salary
rates are set by an independent commission, to eliminate the
inherent conflict of an elected official setting his or her own
potential future salary; and
WHEREAS, Whatcom County can establish a citizens'
commission to review and set salaries for county elected officials
if the people of Whatcom County vote to amend the Whatcom
County Charter to allow for the creation of a citizens' salary
commission.
NOW,THEREFORE, BE IT ORDAINED by the Whatcom
County Council that an amendment to the Whatcom County
Charter, as outlined in Exhibit A' to this ordinance, shall be
submitted to the Whatcom County Auditor for placement on the
ballot for the November 2011 general election.
ADOPTED this 26th day of July, 2011.
ATTEST. Dana Brown -Davis, County Clerk; Sam Crawford,
Whatcom County Council, Council Chair.
APPROVED ASTO FORM: Karen Frakes, Civil,Deputy
Prosecutor; Pete Krerneh, Counter Executive on July 27, 2011.
EXHIBIT A
(ORDINANCE ESTABLISHING A SALARY COMMISSION
FOR ELECTED OFFICIALS)
WHATCOM COUNTY CHARTER AMENDMENT Na. 1
SALARY COMMISSION
A. PROPOSED BALLOTTITLE:
The Whatcom County Council has proposed an amendment to
the Whatcom County Charter concerning establishment of an
independent salary commission.This measure would establish
an independent salary commission to fix the compensation of
Whatcom County elected officials, subject to a referendum by the
people. Should this proposal be approved?
YES.....................................
NO......................................
B. CHARTER AMENDMENTS REQUIRED:
New Section:
Section 6.100 Salaries of Elected Officials
The county council shall establish by ordinance and in accordance
with law an independent "citizens' commission on salaries
for elected officials" which shall fix the salaries for the county
council, executive, assessor, auditor, prosecuting attorney,
sheriff and treasurer. Salary commission members shall serve
two-year terms ending December 31, 2014 and every two years
thereafter. Members of the salary commission shall serve without
compensation, but may receive reimbursement for mileage to and
from meetings and for such other expenses directly related to their
service as provided by ordinance.
The salary commission shall meet biennially and shall file the
salary schedule with the county council and county auditor not
later than May 1. The salary schedule shall become effective
January 1 of the following calendar year and incorporated into the
county budget without further action of the county council, county
executive or salary commission.
The salaries for the county council, executive, assessor, auditor,
prosecuting attorney, sheriff and treasurer in effect on January 1,
2012 shall remain in effect until changed as provided herein.
Revised Sections:
Section 2.20 Powers
The County Council shall exercise its legislative power by
adoption and enactment of ordinances or resolutions. It shall have
the power:
(a)To levy taxes, appropriate revenue and adopt budgets for the
County.
(b)To establish the compensation to be paid to all County
officers and employees and to provide forthe reimbursement of
expenses, except as provided in Section 6.100.
(c) Except as otherwise provided for herein, to establish, abolish,
combine and divide by ordinance, non -elective administrative
offices and executive departments and to establish their powers
and responsibilities.
(d)To adopt by ordinance comprehensive plans, including
improvement plans for the present and future development of the
county.
The enumeration -of particular legislative powers shall not be
_construed as limiting the legislative powers of the County Council.
(Ord: 2005-075 Exh. A)
Section 3.21 Election, andTerm of Office.
The County Executive shall be nominated and elected by the
voters of the county, and the term of office shall be four years
and until the successor is elected and qualified. (Amended by
referendum 1986)
Section 3.51 Election, andTerm of Office.
There is hereby created by the adoption of this Charter the office
of County Assessor, County Auditor, CountyTreasurer and County
Sheriff.These elected officers shall be nominated and elected by
the voters of the county, and their terms of office shall be four
years and until their successors are elected and qualified. (Ord.
2005-075 Exh. A)
Complete Text
City of Bellingham Initiative No. 2011-01
BE IT ENACTED BYTHE PEOPLE OFTHE CITY OF
BELLINGHAM:
Section 1. A new chapter 11.16 is added to the Bellingham
Municipal Code Title 11, which shall read as follows:
11.16 -Automatic Ticketing Cameras
Section 2. A new section 11.16.110 is added to the BMC
chapter 11.16, which shall read as follows:
11.16.110 --The city of Bellingham and for -profit companies
contracted by the City of Bellingham may not install or use
automatic ticketing cameras to impose fines from camera
surveillance unless such a system is approved by a majority
votes of the City Council and a majority vote of the people at
an election.
A. For the purposes of this chapter, "automatic ticketing
cameras" means a device that uses a vehicle sensor
installed to work in conjunction with an intersection traffic
control system, or a speed measuring device, and a camera
synchronized to automatically record one or more sequenced
photographs, microphotographs, or electronic images of the
rear of a motor vehicle at the time the vehicle fails to stop
when facing a steady red traffic control signal, or exceeds a
speed limit as detected by a speed measuring device. -
Section 3. A new section 11.16.120 is added to BMC chapter
11.16, which shall read as follows:
11.16.120 -- Fines: if a majority of the City Council and a
majority of Bellingham voters at an election approve a
system of automatic ticketing cameras to impose fines from
camera surveillance, the fine for infractions committed shall
be a monetary penalty of no more than the least expensive
parking ticket imposed by law enforcement in the city limits
of Bellingham.
Section 4. A new section 11.16.130 is added to the BMC
chapter 11.16, which shall read as follows:
11,16.130 -- Removal: a I I automatic ticketing machines, as
defined by section 2 of this measure, installed or in use in
the city limits of Bellingham as of the date of passage of this
measure must be removed no later than 30 days following
the effective date of this measure.
Section 5. Severability: If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision tt1
other persons or circumstances is not affected.
Ballot Measure CompleteText 87
Complete Text
WHATCOM COUNTY CEMETERY DISTRICT #1
RESOLUTION 01-11
WHATCOM COUNTY CEMETERY DISTRICT #1
P.O. BOX 57.
ACME, WA '98220
RESOLUTION 01-11
A RESOLUTION OFTHE BOARD OF COMMISSIONERS
OF WHATCOM COUNTY CEMETERY DISTRICT NUMBER 1,
FINDINGTHAT A PERMANENT MULTI -YEAR LEVY LlD LIFT
IS NECESSARY IN ORDERTO PREVENT IMPAIRMENT OF
THE OBLIGATION OF CONTRACTS 0FTHE DISTRICT AND
CALLING FOR AN ELECTION REQUESTING THE APPROVAL
OF AN EXCESS LEVY LID LIFT:
WHEREAS, in order to properly provide for the rising
cost of maintenance and repair, grounds keeping and record
keeping, and to prevent the impairment of contracts for
the same, the District deems it necessary that a permanent
multi -year levy Iid lift of (.1125) per One Thousand Dollars
($1,000.00) of assessed valuation (based on One Hundred
Percent (100%) of true and fair value) to provide Seven
Thousand Nine Hundred Forty -Two ($7,942.00) Dollars (.1125
at the present valuation of $7,942.00) for the District's General
Fund to be levied upon all of the taxable property within the
District in excess of the maximum annual tax levy that was
voted on and passed. The Levy Lid Lift will run for six (6)
consecutive years beginning in 2012.
WHEREAS; the Constitution and Laws of the State
of Washington require that any.such excess tax must be
submitted to the qualified electors of the District of their
ratification or rejection; now therefore
BE IT RESOLVED by the Board of Commissioners of
Whatcom County Cemetery District #1, Whatcom County,
Washington, as follows:
Section 1. The Board of Commissioners of Whatcom
County Cemetery District No. 1 hereby finds and declares
that a levy lid lift is necessary in order to prevent the
impairment of the obligation of contracts of the District, as
well as preserve and protect the public assets of the District.
Section 2. In order to provide Seven Thousand Nine
Hundred Forty -Two ($7,942.00) Dollars for the General Fund
of the District, the District authorizes the Whatcom County
Council to a levy Iid lift of approximately (.1125) per One
Thousand Dollars ($1,000.00) of assessed valuation (based
upon One Hundred Percent (100%) of true and fair value)
to be levied in 2011 for collection for six years beginning in
2012, upon all taxable property within the District.
Upon approval by the voters of Proposition No. 1
hereinafter set forth, the District may use the proceeds of
such a levy lid lift during the 2012 calendar year and may
expend the proceeds thereof to pay the general expenses
of maintenance and operations of the District as may be
authorized or allowed by law for the use of excess funds.
Section 3. The Board of Commissioners of Whatcom
County Cemetery District No. 1 hereby find and declare
a 'submission to the qualified electors of the District a
proposition of whether or not such excess tax and conduct
said levy lid lift election to be held within the District on
said day to submit to the qualified elector of the District the
proposition hereinafter set forth.
Continues on Next Page
$$ Ballot Measure Complete Text
Ballot Measure Complete Text 89
Continued from Previous Page
The Secretary of the Board of Commissioners is hereby
authorized and directed -to certify said proposition in the
following form: ' ,
WHATCOM COUNTY CEMETERY DISTRICT NO: 1
Proposition No. 1
Levy Lid Lift - Permanent
The Board of Cemetery Commissioners of Cemetery District
#1, Whatcom County Washington, adopted Resolution
No. 01-11 concerning a proposition to restore the District's
regular property tax levy. The proposition authorizes the
District to restore its regular property tax levy to an amount
not to excess ($.1125) per $1,000.00 of assessed value for
collection in 2012 to pay operational cost increases, and set
the limit factor at 100% plus the annual percentage change
for each of the six years (2012 to 2017). 2016 levy amount
will be used to calculate subsequent levy limits. Should this
proposition be:
Approved .......... ........
1-)
Rejected.. . ...... ..........
The, secretary of the Board of Commissioners is hereby
authorized and directed to deliver a copy of this Resolution
to the Whatcom County Auditor.
ADOPTED by the Board of Commissioners of Whatcom
County Cemetery District No. 1, Whatcom County
Washington, at a regular public meeting thereof held this
11th day of July. The following Directors being present and
in favor of said Resolution: Candy Roberts, Chair; Henry
Maleng;Terri Maleng.
ATTEST AND CERTIFICATION: Shirley Pettigrew, Secretary
of the Board of Commissioners of the Whatcom County
Cemetery District No. 1.
Complete Text
POINT ROBERTS PARK AND, RECREATION
DISTRICT #1
RESOLUTION ONE
A RESOLUTION of the Board of Commissioners of
Point Roberts Park and Recreation District #1, Whatcom
County, Washington, providing for the submission to the
qualified electors of the district at the General Election
to be held therein on November 8, 2011, a proposition of
whether or not there should be levied a tax of approximately
$0.084065 cents per thousand dollars of assessed valuation
(based on 100% of true and fair value) to provide $49,500
(forty-nine thousand five hundred dollars) for the districts
General Fund to pay the general expenses of maintenance
and operation of the Point Roberts Park and Recreation
District #1, such levy to be made in 2011 and collection in
2012, 2013, 2014, 2015, 2016, and 2017,
WHEREAS, in order to properly provide for said
operation and maintenance, it is deemed necessary that a
tax of approximately $0.084065 cents per thousand dollars
of assessed valuation (based on 100% of true and fair
value) to provide $49,500 (forty-nine thousand five hundred
dollars) for the districts General Fund be levied upon all of
the taxable property within the district as permitted by law
to be levied for the district, such levy to be made in 2011 for
collection in 2012, 2013, 2014, 2015, 2016, and 2017; and
WHEREAS, the Constitution and laws of the State of
Washington require that the question of whether or not
such a tax may be levied must be submitted to the qualified
electors of the district for their ratification or rejection.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Commissioners of Paint Roberts Park and Recreation District
#1, Whatcom County, Washington, as follows.
Section 1. It is hereby found and declared that the
welfare of the residents of the district requires the district to
carry out the plans hereinafter provided.
Section 2. In order to provide $49,500 (forty-nine
thousand five hundred dollars) for the General Fund of
the District, the district authorizes the County Council of
Whatcom County to levy a tax of approximately $0.084065
cents per thousand dollars of assessed valuation (based on
100% of true and fair value) to he levied in 2011 for collection
in 2012, 2013, 2014, 2015, 2016, and 2017 upon all taxable
property within the District.
Upon approval by the voters of Proposition No. 1,
hereinafter set forth, the district may use the proceeds of
such levy during 2012, 2013, 2014, 2015, 2016, and 2017 tax
years, and may expend the proceeds of said levy to pay
the general expenses of maintenance and operations of the
District as may be authorized or allowed by law for the use of
levy funds.
The Whatcom County Auditor as ex -off icio supervisor
of election in Whatcom County is hereby requested to find
the need to call and conduct said levy election to be held
within the district on said date and to submit to the qualified
electors of the district the proposition hereinafter set fortis.
The secretary of the Board of Commissioners is hereby
authorized and directed to certify said proposition in the
following form:
Continues on Next Page
Continued from Previous Page
PROPOSITION NO. 1
POINT ROBERTS PARK AND RECREATION DISTRICT #1
Shall a tax, of approximately $0.084065 cents per
,thousand dollars of assessed valuation (based on 100% of
true and fair value) to provide $49,500 (forty-nine thousand
five hundred dollars) for operation and maintenance
purposes be levied for the Point Roberts Park and Recreation
District #1 in 2011 for collection in 2012, 2013, 2014, 2015,
2016, and 2017 upon all taxable property within the District,
all as specified in Point Roberts Park and Recreation District
#1, Resolution.
LEVY ............. YES( )
LEVY ............ NO ( )
The Secretary of the Board of Commissioners is hereby
authorized and directed to deliver a certified copy of this
resolution to the Whatcom County Auditor.
''ADOPTED by the Board of Commissioners of the Point
Roberts Park and Recreation District #1, Whatcom County,
Washington, at a meeting thereof, held August 8, 2011, the
following directors being present and voting in favor of said
resolution.
POINT ROBERTS PARK AND RECREATION
DISTRICT #1 Board of Directors:
Mark Robbins, Chairperson; Bev Griffith, Commissioner;
Linda Hughes, Commissioner; Marco Aurilio, Commissioner;
Mary Edgley, Commissioner,
Complete Text
NORTHWEST PARK AND RECREATION
DISTRICT NO.2
RESOLUTION NO.2011-01
RESOLUTION PROVIDED FOR THE SUBMISSION OF LEVY
A RESOLUTION of the Board of Park Commissioners of
Northwest Park and Recreation, District #2, Whatcom County,
Washington, providing for the submission to the voters of
the District at a general election to be held on November
8, 2011, in conjunction with the state general election to be
held on the same day, a proposition authorizing the District
to set and maintain a regular property tax levy of $0.10 per
$1,000.00 of assessed valuation for the district's General
Fund to pay for genera expenses of staffing, operations,
maintenance and capital improvements of the Northwest
Park and Recreation District #2, such levy to be made in 2011,
and collection in 2012) 2013, 2014, 2015, 2016 and 2017
WHEREAS, it is the judgment of the Board of
Commissioners of the District that it is essential and
necessary to fund staffing, operations, maintenance and
capital improvement in the provision of recreational and
leisure time activities, classes, sports and programs for
people of all ages in the greater Blaine - Birch Bay area.
NOW, THEREFORE BE IT RESOLVED by the Board of
Commissioners of the Northwest Park and Recreation' District
#2, Whatcom County, Washington as follows:
Section 1. In order to provide recreational and leisure time
activities, classes, sports and programs to people of all ages
in the greater Blaine - Birch Bay area and develop parks,
sports fields, trails and the like, funding is necessary.
Section 2. In order to provide the necessary revenue to pay
the costs of providing recreational opportunities as described
in Section 1 and to maintain reserve funds sufficient to
assure continuation of such services, the District shall collect
beginning in 2012, pursuant to RCW 36.68.400, a general
tax on taxable property within the District at a rate of $0.10
per $1,000.00 of assessed valuation subject to otherwise
applicable statuary limits. This property tax levy would be
collected for a six (6) year period, 2012 through 2017.
Section 3. There shall be submitted to the qualified electors
of the District for their ratification or rejection, at a general
election in November 8, 2011 in conjunction with the state
general election to be held on the same date, the question
of whether or not the regular property tax levy of the District
should be set at $0.10 per $1,000.00 of true and assessed
valuation in 2011 and be collected for the following six
years, subject to otherwise applicable statuary limitations.
Whatcom County as ex -off icio Supervisor of Elections is
hereby requested to call such special election, and to submit
the following proposition at such election, in the form of a
ballot title substantially as follows:
Northwest Park and'Recreation District No. 2
Whatcom County, Washington
Proposition No. 1
Authorizing Regular Property Tax Levy
The Board of Commissioners of Northwest Park and
Recreation District No. 2 adopted Resolution No. 2011-
07 concerning a proposition to assess a regular property
tax levy for a six (6) year period of $0,10 per $1,000.00
of assessed valuation to operate, maintain and improve
recreation and leisure time activities and opportunities for
people of all ages in the greater Blaine - Birch Bay area.
Approved
Rejected
Northwest Park and Recreation District No. 2
By CommissionerTed Morris, Commissioner Betty
Robertson, Commissioner Richard Sturgill, Commissioner
Katy Montfort, CommissionerTerry Johnston
u
90
Complete Text
Initiative Measure 1125
PROTECT GAS -TAXES AND TOLL -REVENUES ACT
Initiative Measure 1125
PROTECTTHE 18TH AMENDMENTTO WASHINGTON'S
CONSTITITUTION
AN ACT Relating to transportation; amending RCW
4756.030, 4756,810, 47.56.820, 4756.830, and 47.56.790;
adding new sections to chapter 46.68; and creating new
sections.
BE IT ENACTED BYTHE PEOPLE OFTHE STATE OF
WASHINGTON:
POLICIES AND PURPOSES
NEW SECTION. Sec. 1. The 18th Amendment to the
Washington Constitution protects gas taxes and toll
revenues. But politicians and special interest groups have
been working for years to sidestep the 18th Amendment's
protections and divert those revenues to non -transportation
purposes. This measure protects our gas taxes and toll
revenues from a legislative raid by giving voters the chance
to reaffirm their support for the 18th Amendment to the
Washington Constitution. This measure would:
(1) Prohibit state government from diverting gas taxes and
toll revenues in the motor vehicle fund or other funds to the
general fund or other funds and used for non -transportation
purposes;
(2) Prohibit state government from transferring or
using gas -tax -funded or toll -revenue -funded lanes on state
highways for non -highway purposes; and
(3) Require toils to be dedicated to the project they're
paying for, ending such tolls when the project is completed,
and only allowing tolls to be used for purposes consistent
with the 18th Amendment to the Washington Constitution.
Tolls on a project must be spent on that project and may not
be diverted and spent on other things (allowing tolls to be
imposed on anyone and spent on anything stops them from
being tolls and makes them into de facto taxes).
GAS TAXES AND TOLL REVENUES CANNOT BE DIVERTED
TO THE GENERAL FUND OR OTHER FUNDS AND USED FOR
NON -TRANSPORTATION PURPOSES
NEW SECTION. Sec. 2. State government, the
department of transportation, and other agencies may
not transfer revenues in the motor vehicle fund or any toll
fund to the general fund or other funds and used for non -
transportation purposes.
0 How do I read measure text?
Any language in double parentheses
with a line through it is existing state
law and will be taken out of the law if
the measure is approved by voters.
Any underlined language or new
sections do not appear in current state
law but will be added to the law if the
measure is approved by voters.
GAS -TAX -FUNDED ORTOLL-REVENUE-FUNDED LANES ON
STATE HIGHWAYS CANNOT BETRANSFERRED OR USED
FOR NON -HIGHWAY PURPOSES
NEW SECTION. Sec. 3. State government, the
department of transportation, and other agencies may not.
transfer or use gas -tax -funded or toll -funded lanes on state
highways for non -highway purposes.
TOLLS ON A PROJECT MUST BE DEDICATED TO THAT
PROJECT, ENDED WHEN THE PROJECT IS COMPLETED, AND
USED ONLY FOR PURPOSES CONSISTENTWITH THE 18TH
AMENDMENT TO THE WASHINGTON CONSTITUTION
Sec. 4. RCW 4756.030 and 2008 c 122 s 8 are each
amended to read as follows:
(1) Except as permitted under chapter 4729 or 47.46 RCW:
(a) Unless otherwise delegated, and subject to RCW
47.56.820, the department of transportation shall have full
charge of the planning, analysis, and construction of all toll
bridges and other toll facilities including the Washington
state ferries, and the operation and maintenance thereof.
(b)The Utrans at' )) legislature, subject
to the requirements of RCW 43.135.055 as amendedbV
Initiative Measure No. 1053, shall determine and establish
the tolls and charges thereon. Except for Wa hin ton
(c) Unless otherwise delegated, and subject to RCW
47.56,820, the department shall have full charge of planning,
analysis, and design of all toll facilities.The department may
conduct the planning, analysis, and design of toll facilities as
necessary to support the legislature's consideration of toils
((a . ion))•
(d)The department shall utilize and administer
toll collection systems that are simple, unified, and
interoperable.To the extent practicable, the department shall
.avoid the use of toll booths. The department shall set the
statewide standards and protocols for all toll facilities within
the state, including those authorized by local authorities.
(e) Except as provided in this section, the department
shall proceed with the construction of such toll bridges and
other facilities and the approaches thereto by contract in the
manner of state highway construction immediately upon
there being made available funds for such work and shall
prosecute such work to completion as rapidly as practicable.
The department is authorized to negotiate contracts for any
amount without bid under (e)0) and (ii) of this subsection:
(i) Emergency contracts, in order to make repairs to
ferries or ferry terminal facilities or removal of such facilities
whenever continued use of ferries or ferry terminal facilities
constitutes a real or immediate danger to the traveling public
or precludes prudent use of such ferries or facilities; and
(ii) Single source contracts for vessel dry dockings, when
there is clearly and legitimately only one available bidder to
conduct dry dock -related work for a specific class or classes
of vessels. The contracts may be entered into for a single
vessel dry docking or for multiple vessel dry dockings for a
period not to exceed two years.
(2)The department shall proceed with the procurement
of materials, supplies, services, and equipment needed for
the support, maintenance, and use of a ferry, ferry terminal,
or other facility operated by Washington state ferries, in
accordance with chapter 43.19 RCW except as follows:
Initiative Measure 1125
(a) When the secretary of the department of transportation
determines in writing that the use of invitation for bid is
either not practicable or not advantageous to the state
and it may be necessary to make competitive evaluations,
including technical or performance evaluations among
acceptable proposals to complete the contract award, a
contract may be entered into by use of a competitive sealed
proposals method, and a formal request for proposals
solicitation. Such formal request For proposals solicitation
shall include a functional description of the needs and
requirements of the state and the significant factors.
(b) When purchases are made through a formal request
for proposals solicitation the contract shall be awarded to the
responsible proposer whose competitive sealed proposal is
determined in writing to be the most advantageous to the
state taking into consideration price and other evaluation
factors set forth in the request for proposals. No significant
factors may be used in evaluating a proposal that are not
specified in the request for proposals. Factors that may
be considered in evaluating proposals include but are not
limited to: Price; maintainability; reliability; commonality;
performance levels; life cycle cost if applicable under this
section; cost of transportation or delivery; delivery schedule
offered; installation cost; cost of spare parts; availability of
parts and service offered; and the following:
(i)The ability, capacity, and skill of the proposer to
perform the contract or provide the service required;
(ii)The character, integrity, reputation, judgment,
experience, and efficiency of the proposer;
(iii) Whether the proposer can perform the contract within
the time specified;
(iv)The quality of performance of previous contracts or
services;
(v)The previous and existing compliance by the proposer
with laws relating to the contract or services;
(vi) Objective, measurable criteria defined in the request
for proposal.These criteria may include but are not limited
to items such as discounts, delivery costs, maintenance
services costs, installation costs, and transportation costs;
and
(vii) Such other information as may be secured having a
bearing on the decision to award the contract.
(c) When purchases are made through a request for
proposal process, proposals received shall be evaluated
based on the evaluation factors set forth in the request
for proposal. When issuing a request for proposal for the
procurement of propulsion equipment or systems that
include an engine, the request for proposal must specify the
use of a life cycle cost analysis that includes an evaluation
of fuel efficiency. When a life cycle cost analysis is used, the
life cycle cost of a proposal shall be given at least the same
relative importance as the initial price element specified
in the request of proposal documents.The department
may reject any and all proposals received. If the proposals
are not rejected, the award shall be made to the proposer
whose proposal is most advantageous to the department,
considering price and the other evaluation factors set forth in
the request for proposal.
Sec. 5. RCW 47.56.810 and 2008 c 122 s 3 are each
amended to read as follows:
The definitions in this section apply throughout this
subchapter unless the context clearly requires otherwise:
(1) "Tolling authority" means the governing body that is
legally empowered to review and adjust toll rates. ((Unless
4&n-e ofnmi ssis n) )
As re i red..by ECW.43J.a5.055 as a mend ed by Initiative
91
Measure No. 1053, the legis€atufg is the tolling authority for
all state highways.
(2) "Eligible toll facility" or "eligible toll facilities" means
portions of the state highway system specifically identified
by the legislature including, but not limited to, transportation
corridors, bridges, crossings, interchanges, on -ramps, off -
ramps: approaches, bistate facilities, and interconnections
between highways.
(3) "Toll revenue" or "revenue from an eligible toll
facility" means toll receipts, all interest income derived
from the investment of toll receipts, and any gifts, grants, or
other funds received for the benefit of the eligible toll facility
that may only be used for purposes consistent with the
eighteenth amendment to the_Washington Constitution.
Sec. 6. RCW 4756.820 and 2008 c 122 s 4 are each
amended to read as follows:
(1) ((Ut ��vvise-deleg> )) As_ren-uired by RCW
43.135.055 as amended by Initiative Measure No. 1053
only the legislature may authorize the imposition of tolls on
eligible toll facilities.
(2) All revenue from an eligible toll facility must be used
only to construct, improve, preserve, maintain, manage, or
operate the eligible toll facility on or in which the revenue
is collected subject to the iimi, tati ns in RCW 47.66.830.
Expenditures of toll revenues are subject to appropriation
and must be made only for the fo,lfowing purposes as
long as the ex enditure is Qnsistent wi h the eighteenth
amendment to the Washington Constitution:
(a)To cover the operating costs of the eligible toll
facility, including necessary maintenance, preservation,
administration, and toll enforcement by public law
enforcement within the boundaries of the facility;
(b)To meet obligations for the repayment of debt and
interest on the eligible toll facilities, and any other associated
financing costs including, but not limited to, required
reserves and insurance;
(c)To meet any other obligations to provide funding
contributions for any projects or operations on the eligible
toll facilities;
(d)To provide for the operations of conveyances of people
or goods; or
,(e) For any other improvements to the eligible toll
facilities.
Sec. 7. RCW 4756.830 and 2008 c 122 s 5 are each
amended to read as follows:
Any proposal for the establishment of eligible toll facilities
shall consider the following policy guidelines:
(1) Overall direction. Washington should use tolling to
encourage effective use of the transportation system and
provide a source of transportation funding.
(2) When to use tolling.Tolling should be used when it
can be demonstrated to contribute a significant portion
of the cost of a project that cannot be funded solely with
existing sources or optimize the performance of the
transportation system. Such tolling should, in all cases, be
fairly and equitably applied in the context of the statewide
transportation system and not have significant adver e
'impacts through the diversion of traffic to other routs that
cannot otherwise be reasonably mitigated. Such tolling
should also consider relevant social equity, environmental,
and economic issues, and should be directed at making
progress toward the state's greenhouse gas reduction goals.
(3) Use of toll revenue. All revenue from an eligible toll
facility must be used only to improve, preserve, manage,
or operate the eligible toll facility on or in which the
�92 _ _ initiative Measure 1125 1 Initiative Measure 1163 1 Initiative Measure 1163 93
revenue is collected as'long as the r v nues are s e t on
fur oses con istent with the i hteenth amendment to the
Washington Constitution, Additionally, toil revenue should
provide for and encourage the inclusion of recycled and
reclaimed construction materials.
(4) Setting toll rates.Toll rates must be set by the_
legislature as required by RCW 41135.055 as amended by -
No. 105.3. must be uniform and consistent,
may not include variable pricing, and must be set to
meet anticipated funding obligations.To the extent possible,
the toll rates should be set to optimize system performance,
recognizing necessary trade-offs to generate revenue.
(5) Duration of toll collection. ((e>Taftsportatkn-
j"rll-iT'.rtj[IT14TlIi
))
Tolls Von toll facllities ((
i--l-ilita LTCJT1Ti, fpllTlZiTQfTLC,
of the-sy�) mu st end after the cost of the proiect is paid.
6 Dedication of toils. As referee e in RCW 47.56,0301_
tolls on a project must be spent on that nroiect and may not
be diverted elsewhere and all revenues from such_t❑lls may_
only be used for purposes consigtent with th_e eighteenth
amendment to the Washington Constitution.
Sec. 8. RCW 47.56.790 and 2008 c 270 s 5 are each
amended to read as follows:
The department shall work with the federal highways
administration to determine the necessary actions for
receiving federal authorization to toll the Interstate 90
floating bridge,The department must periodically report the
status of those discussions to the governor and the joint
transportation committee.Toll revenue imposed and collected
on the Inter t e 90 floating bri go must bg.used exclusives
for toll facilities and capital improvementsto Interstate 90-
and rnav nly be used f r ur oses con istent witht f-
eici htee nth am ndment to the Wa. shie ton Constitution.
MISCELLANEOUS
NEW SECTION. Sec. 9. The provisions of this act are to
be liberally construed to effectuate the intent, policies, and
purposes of this act.
NEW SECTION. Sec. 10. If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 11. This act is called the "Protect
Gas -Taxes andToll-Revenues Act— Protect the 18th
Amendment to Washington's Constitution:'
--- END ---
Complete Text
Initiative Measure 1163
AN ACT Relating to restoring long-term care services for
eligible elderly and persons with disabilities; adding new
sections to chapter 74.39A RCW; adding new sections to
chapter 18.8813 RCW; creating new sections; repealing RCW
18.88B4O20, 18.88B.030, 18.88B.040, 74.39A.009, 74.39A.050,
74.39A.055, 74.39A.073, 74.39A.075, 74.39A.085, 74.39A.260,
74.39A.310, 74.39A.330, 74.39A.340, and 74.39A.350;
providing an effective date; and providing contingent
effective dates.
BE IT ENACTED BYTHE PEOPLE OFTHE STATE OF
WASHINGTON:
NEW SECTION. Sec, 1. It is the intent of the people
through this initiative to protect vulnerable elderly and
people with disabilities by reinstating the requirement that
all long-term care workers obtain criminal background checks
and adequate training.The people of the state of Washington
find as follows:
(1)The state legislature proposes to eliminate the
requirement that long-term care workers obtain criminal
background checks and adequate training, which would
jeopardize the safety and quality care of vulnerable elderly
and persons with disabilities. Should the legislature take this
action, this initiative will reinstate these critical protecti❑ns
for vulnerable elderly and persons with disabilities; and
(2)Taxpayers' investment will be protected by requiring
regular program audits, including fraud investigations, and
capping administrative expenses.
PART I
PROTECTING VULNERABLE ELDERLY AND PERSONS WITH
DISABILITIES BY REINSTATING CRIMINAL BACKGROUND
CHECK AND TRAINING REQUIREMENTS FOR LONG-TERM
CARE WORKERS
NEW SECTION. Sec. 101. A new section is added to
chapter 74.39A RCW to read as follows:
(1) All long term care workers for the elderly or persons
with disabilities hired after January 1, 2012, shall be screened
through state and federal background checks in a uniform
and timely manner to ensure that they do not have a
criminal history that would disqualify them from working
with vulnerable persons.These background checks shall
include checking against the federal bureau of investigation
fingerprint identification records system and against the
national sex offenders registry or their successor programs.
The department shall require.these long-term care workers
to submit fingerprints far the purpose of investigating
conviction records through both the Washington state patrol
and the federal bureau of investigation.
(2)To allow the department of health to satisfy its
certification responsibilities under chapter 18.88E RCW, the
department shall share state and federal background check
results with the department of health. Neither department
may share the federal background check results with any
other state agency or person.
(3)The department shall not pass on the cost of these
criminal background checks to the workers or their
employers.
(4)The department shall adopt rules to implement the
provisions of this section by August 1, 2010.
NEW SECTION. Sec. 102. A new section is added to
chapter 74.39A RCW to read as follows:
The department must perform criminal background
checks for individual providers and prospective individual
providers and ensure that the authority has ready access to
any long-term care abuse and neglect registry used by the
department. Individual providers who are hired after January
1, 2012, are subject to background checks under RCW
74.39A.055.
NEW SECTION. Sec. 103. A new section is added to
chapter 18.8813 RCW to read as follows:
(1) Effective January 1, 2011, except as provided in RCW
18.88B.040, the department of health shall require that any
person hired as a long-term care worker for the elderly or
persons with disabilities must be certified as a home care aide
within one hundred fifty days from the date of being hired.
(2) Except as provided in RCW 18.88B4O40, certification as
a home care aide requires both completion of seventy-five
hours of training and successful completion of a certification
examination pursuant to RCW 74.39A.073 and 18.88B.030.
(3) No person may practice or, by use of any title or
description, represent himself or herself as a certified home
care aide without being certified pursuant to this chapter.
(4)The department of health shall adopt rules by August 1,
2010, to implement this section.
NEW SECTION. Sec. 104. A new section is added to
chapter 18.88B RCW to read as follows:
(1) Effective January 1, 2011, except as provided in RCW
18.88B.040, the department of health shall require that all
long-term care workers successfully complete a certification
examination. Any long-term care worker failing to make the
required grade for the examination will not be certified as a
home care aide.
(2)The department of health, in consultation with
consumer and worker representatives, shall develop a home
care aide certification examination to evaluate whether an
applicant possesses the skills and knowledge necessary to
practice competently. Unless excluded by RCW 18.88B.040
(1) and (2), only those who have completed the training
requirements in RCW 74.39A.073 shall be eligible to sit for
this examination.
(3)The examination shall include both a skills
demonstration and a+written or oral knowledge test.
The examination papers, all grading of the papers, and
records related to the grading of skills demonstration shall
be preserved for a period of not less than one year.The
department of health shall establish rules governing the
number of times and under what circumstances individuals
who have failed the examination may sit for the examination,
including whether any intermediate remedial steps should be
required.
(4) All examinations shall be conducted by fair and wholly
impartial methods.The certification examination shall be
administered and evaluated by the department of health or
by a contractor to the department of health that is neither an
employer of long term care workers or private contractors
providing training services under this chapter.
(5)The department of health has the authority to:
(a) Establish forms, procedures, and examinations
necessary to certify home care aides pursuant to this chapter;
(b) Hire clerical, administrative, and investigative staff as
needed to implement this section;
(c) Issue certification as a home care aide to any applicant
who has successfully completed the home care aide
examination;
(d) Maintain the official record of all applicants and
persons with certificates;
(e) Exercise disciplinary authority as authorized in chapter
18.130 RCW; and
(f) Deny certification to applicants who do not
meet training, competency examination, and conduct
requirements for certification.
(6)The department of health shall adopt rules by August
1, 2010, that establish the procedures, including criteria
for reviewing an applicant's state and federal background
checks, and examinations necessary to carry this section into
effect.
NEW SECTION. Sec. 105. A new section is added to
chapter 18.88E RCW to read as follows:
The following long-term care workers are not required to
become a certified home care aide pursuant to this chapter.
(1) Registered nurses, licensed practical nurses, certified
nursing assistants or persons who are in an approved
training program for certified nursing assistants under
chapter 18.88A RCW, medicare -certified home health aides,
or other persons who hold a similar health credential, as
determined by the secretary of health, or persons with
special education training and an endorsement granted by
the superintendent of public instruction, as described in
RCW 28A.300.010, if the secretary of health determines that
the circumstances do not require certification. Individuals
exempted by this subsection may obtain certification as
a home care aide from the department of health without
fulfilling the training requirements in RCW 74.39A.073 but
must successfully complete a certification examination
pursuant to RCW 18.88B.030.
(2) A person already employed as a long term care
worker prior to January 1, 2011, who completes all of his or
her training requirements in effect as of the date he or she
was hired, is not required to obtain certification. Individuals
exempted by this subsection may obtain certification as
a home care aide from the department of health without
fulfilling the training requirements in RCW 74.39A.073 but
must successfully complete a certification examination
pursuant to RCW 18.88B.030.
(3) All long-term care workers employed by supported
living providers are not required to obtain certification under
this chapter.
(4) An individual provider caring only for his or her
biological, step, or adoptive child or parent is not required to
obtain certification under this chapter.
(5) Prior to June 30, 2014, a person hired as an individual
provider who provides twenty hours or less of care for one
person in any calendar month is not required to obtain
certification under this chapter,
(6) A long-term care worker exempted by this section
from the training requirements contained in RCW 74.39A.073
ME
Initiative Measure 1163
Initiative Measure 1163
may not be prohibited from enrolling in training pursuant to
that section.
(7)The department of health shall adopt rules by August 1,
2010, to implement this section.
NEW SECTION. Sec. 106. A new section is added to
chapter 74.39A RCW to read as follows:
The department's system of quality improvement for
long-term care services shall use the following principles,
consistent with applicable federal laws and regulations:
(1)The system shall be client -centered and promote
privacy, independence, dignity, choice, and a home or home-
like environment for consumers consistent with chapter 392,
Laws of 1997
(2)The goal of the system is continuous quality
improvement with the focus on consumer satisfaction and
outcomes for consumers.This includes that when conducting
licensing or contract inspections, the department shall
interview an appropriate percentage of residents, family
members, resident case managers, and advocates in addition
to interviewing providers and staff.
(3) Providers should be supported in their efforts to
improve quality and address identified problems initially
through training, consultation, technical assistance, and case
management.
(4)The emphasis should be on problem prevention both
in monitoring and in screening potential providers of service.
(5) Monitoring should be outcome based and responsive
to consumer complaints and based on a clear set of
health, quality of care, and safety standards that are easily
understandable and have been made available to providers,
residents, and other interested parties.
(6) Prompt and specific enforcement remedied shall also
be implemented without delay, pursuant to RCW 74.39A.080,
RCW 70.128.160, chapter 18.51 RCW, or chapter 74.42 RCW,
for providers found to have delivered care or failed to deliver
care resulting in problems that are serious, recurring, or
uncorrected, or that create a hazard that is causing or likely
to cause death or serious harm to one or more residents.
These enforcement remedies may also include, when
appropriate, reasonable conditions on a contract or license.
In the selection of remedies, the safety, health, and well-
being of residents shall be of paramount importance.
(7) All long term care workers shall be screened through
background checks in a uniform and timely manner to ensure
that they do not have a criminal history that would disqualify
them from working with vulnerable persons. Long-term care
workers who are hired after January 1, 2012, are subject to
background checks under RCW 74.39A.055.This information
will be shared with the department of health in accordance
with RCW 74.39A.055 to advance the purposes of chapter 2,
Laws of 2009.
(8) No provider, or its staff, or long term care worker,
or prospective provider or long term care worker, with a
stipulated finding of fact, conclusion of law, an agreed order,
or finding of fact, conclusion of law, or final order issued
by a disciplining authority, a court of law, or entered into
a state registry finding him or her guilty of abuse, neglect,
exploitation, or abandonment of a minor or a vulnerable
adult as defined in chapter 74.34 RCW shall be employed
in the care of and have unsupervised access to vulnerable
adults.
(9)The department shall establish, by rule, a state registry
Which contains identifying information about long term care
workers identified under this chapter who have substantiated
findings of abuse, neglect, financial exploitation, or
abandonment of a vulnerable adult as defined in RCW
74.34.020.The rule must include disclosure, disposition of
findings, notification, findings of fact, appeal rights, and fair
hearing requirements.The department shall disclose, upon
request, substantiated findings of abuse, neglect, financial
exploitation, or abandonment to any person so requesting
this information.This information will also be shared with the
department of health to advance the purposes of chapter 2,
Laws of 2009.
(10) Until December 31, 2010, individual providers and
home care agency providers must satisfactorily complete
department -approved orientation, basic training, and'
continuing education within the time period specified by
the department in rule.The department shall adopt rules by
March 1, 2002, for the implementation of this section.The
department shall deny payment to an individual provider
or a home care provider who does not complete the
training requirements within the time limit specified by the
department by rule.
(11) Until December 31, 2010, in an effort to improve
access to training and education and reduce costs, especially
for rural communities, the coordinated system of long-
term care training and education must include the use of
innovative types of learning strategies such as internet
resources, videotapes, and distance learning using satellite
technology coordinated through community colleges or
other entities, as defined by the department.
(12)The department shall create an approval system by
March 1, 2002, for those seeking to conduct department -
approved training.
(13)The. department shall establish, by rule, background
checks and other quality assurance requirements for long
term care workers who provide in -home services funded
by medicaid personal care as described in RCW 74.09.520,
community options program entry system waiver services as
described in RCW 74,39A.030, or chore services as described
in RCW 74.39A.110 that are equivalent to requirements for
individual providers. Long-term care workers who are hired
after January 1, 2012, are subject to background checks under
RCW 74.39A.055.
(14) Under existing funds the department shall establish
internally a quality improvement standards committee
to monitor the development of standards and to suggest
modifications.
(15) Within existing funds, the department shall
design, develop, and implement a long-term care training
program that is flexible, relevant, and qualifies towards the
requirements for a nursing assistant certificate as established
under chapter 18.88A RCW.This subsection does not require
completion of the nursing assistant certificate training
program by providers or their staff.The long-term care
teaching curriculum must consist of a fundamental module,
or modules, and a range of other available relevant training
modules that provide the caregiver with appropriate options
that assist in meeting the resident's care needs. Some of
the training modules may include, but are not limited to;
specific training on the special care needs of persons with.
developmental disabilities, dementia, mental illness, and
the care needs of the elderly. No less than one training
module must be dedicated to workplace violence prevention
The nursing care quality assurance commission shall work
together with the department to develop the curriculum
modules. The nursing care quality assurance commission
shall direct the nursing assistant training programs to
accept some or a]€ of the skills and competencies from the
curriculum modules towards meeting the requirements
for a nursing assistant certificate as defined in chapter
18.88A RCW. A process may be developed to test persons
completing modules from a caregiver's class to verify that
they have the transferable skills and competencies for entry
into a nursing assistant training prograrn.The department
may review whether facilities can develop their own related
long-term care training programs.The department may
develop a review process for determining what previous
experience and training may be used to waive some or all of
the mandatory training.The department of social and health
services and the nursing care quality assurance commission
shall work together to develop an implementation plan by
December 12, 1998.
NEW SECTION. Sec. 107. A new section is added to
chapter 74.39A RCW to read as follows:
(1) Effective January 1, 2011, except as provided in RCW
18.88B.040, all persons employed as long term care workers
for the elderly or persons with disabilities must meet the
minimum training requirements in this section within one
hundred twenty calendar days of employment.
(2)All persons employed as long term care workers must
obtain seventy five hours of entry level training approved by
the department. A long-term care worker must accomplish
five of these seventy five hours before becoming eligible to
provide care.
(3)Training required by. subsection (4)(c) of this section
will be applied towards training required under RCW
18.20.270 or 70.128.230 as well as any statutory or regulatory
training requirements for long-term care workers employed
by supportive living providers.
(4) Only training curriculum approved by the department
may be used to fulfill the training requirements specified in
this section.The seventy five hours of entry-level training
required shall be as follows:
(a) Before a long-term care worker is eligible to provide
care, he or she must complete two hours of orientation
training regarding his or her role as caregiver and the
applicable terms of employment;
(b) Before a long-term care worker is eligible to provide
care, he or she must complete three hours of safety training,
including basic safety precautions, emergency procedures,
and infection control; and
(c] Ali long-term care workers must complete seventy
hours of long term care basic training, including training
related to core competencies and population specific
competencies.
(5)The department shall only approve training curriculum
that:
(a) Has been developed with input from consumer and
worker representatives; a,nd
(b) Requires comprehensive instruction by qualified
instructors on the competencies and training topics in this
section.
(6) Individual providers under RCW 74.39A.270 shall be
compensated for training time required by this section.
(7)The department of health shall adopt rules by August
1, 2010,.to implement subsections (1), (2), and (3) of this
section.
(8)The department shall adopt rules by August 1, 2010, to
implement subsections (4) and (5) of this section.
NEW SECTION. Sec. 108. A new section is added to
chapter 74.39A RCW to read as follows:
(1) Effective January 1, 2011, a biological, step, or adoptive
parent who is the individual provider only for his or her
developmentally disabled son or daughter must receive
twelve hours of training relevant to the needs of adults
with developmental disabilities within the first one hundred
twenty days of becoming an individual provider.
(2) Effective January 1, 2011, individual providers
identified in (a) and (b) of this subsection must complete
thirty five hours of training within the first one hundred
twenty days of becoming an individual provider. Five of the
thirty five hours must be completed before becoming eligible
to provide care.Two of these five hours shall be devoted to
an orientation training regarding an individual provider's
role as caregiver and the applicable terms of employment,
and three hours shall be devoted to safety training,
including basic safety precautions, emergency procedures,
and infection control, Individual providers subject to this
requirement include:
(a) An individual provider caring only for his or her
biological, step, or adoptive child or parent unless covered
by subsection (1) of this section; and
(b) Before January 1, 2014, a person hired as an individual
provider who provides twenty hours or less of care for one
person in any calendar month.
(3) Only training curriculum approved by the department
may be used to fulfill the training requirements specified
in this section.The department shall only approve training
curriculum that:
(a) Has-been developed with input from consumer and
worker representatives; and
(b) Requires comprehensive instruction by qualified
instructors.
(4)The department shall adopt rules by August'1, 2010, to
implement this section.
NEW SECTION. Sec. 109. A new section is added to*
chapter 74.39A RCW to read as follows:
(1)The department shall deny payment to any individual
provider of home care services who has not been certified
by the department of health as a home care aide as
required under chapter 2, Laws of 2009 or, if exempted from
certification by RCW 18.88B.040, has not completed his or
her required training pursuant to chapter 2, Laws of 2009.
(2)The department may terminate the contract of any
individual provider of home care services, or take any
other enforcement measure deemed appropriate by the
department if the individual provider's certification is
revoked under chapter 2, Laws of 2009 or, if exempted from
certification by RCW 18.888.040, has not completed his or
her required training pursuant to chapter 2, Laws of 2009.
0
Initiative Measure 1163
Initiative Measure 1163
97
(3)The department shall take appropriate enforcement
action related to the contract of a private agency or facility
licensed by the state, to provide personal care services, other
than an individual provider, who knowingly employs a long-
term,care worker who is not a certified home care aide as
required under chapter 2, Laws of 2009 or, if exempted from
certification by RCW 18.88B.040, has not completed his or
her required training pursuant to chapter 2, Laws of 2009.
(4) Chapter 34.05 RCW shall govern actions by the
department under this section.
(5)The department shall adopt rules by August 1, 2010, to
implement this section.
NEW SECTION. Sec. 110. A new section is added to
chapter 74.39A RCW to read as follows:
(1)The department shall create a formula that converts
the cost of the increase in wages and benefits negotiated
and funded in the contract for individual providers of home
care services pursuant to RCW 74.39A.270 and 74.39A.300,
into a per hour amount, excluding those benefits defined
in subsection (2) of this section.That per hour amount shall
be added to the statewide home care agency vendor rate
and shall be used exclusively for improving the wages and
benefits of home care agency workers who provide direct
care.The formula shall account for:
(a) All types of wages, benefits, and compensation
negotiated and funded each biennium, including but not
limited to:
(i) Regular wages;
(ii) Benefit pay, such as vacation, sick, and holiday pay;
(iii)Taxes on wages/benefit pay;
(iv) Mileage; and
(v) Contributions to a training partnership; and
(b)The increase in the average cost of worker's
compensation for home care agencies and application of
the increases identified in (a) of this subsection to all hours
required to be paid, including travel time, of direct service
workers under the wage and hour laws and associated
employer taxes.
(2)The contribution rate for health care benefits,
including but not limited to medical, dental, and vision
benefits, for eligible agency home'care workers shall be
paid by the department to home care agencies at the same
rate as negotiated and funded in the collective bargaining
agreement for individual providers of home care services.
NEW SECTION. Sec. 111. A new section is added to
chapter 74.39A RCW to read as follows:
Long-term care workers shall be offered on-the-job
training or peer mentorship for at least one hour per week
in the first ninety days of work from a long-term care worker
who has completed at least twelve hours of mentor training
and is mentoring no more than ten other workers at any
given time.This requirement applies to long term care
workers who begin work on or after July 1, 2011.
NEW SECTION. Sec. 112. A new section is added to
chapter 74.39A RCW to read as follows:
(1)The department of health shall ensure that all long-
term care workers shall complete twelve hours of continuing
education training in advanced training topics each year.This
requirement applies beginning on July 1, 2011.
(2) Completion of continuing education as required in
this section is a prerequisite to maintaining home care aide
certification under chapter 2, Laws of 2009.
(3) Unless voluntarily certified as a home care aide under
chapter 2, Laws of 2009, subsection (1) of this section does
not apply to:
(a) An individual provider caring only for his or her
biological, step, or adoptive child; and
(b) Before June 30, 2014, a person hired as an individual
provider who provides twenty hours or less of care for one,
person in any calendar month.
(4) Only training curriculum approved by the department
may be used to fulfill the training requirements specified
in this section.The department shall only approve training
curriculum that:
(a) Has been developed with input from consumer and
worker representatives; and ,
(b) Requires comprehensive instruction by qualified
instructors.
(5) Individual providers under RCW 74.39A.270 shall be
compensated for training time required by this section.
(6)The department of health shall adopt rules by August
1, 2010, to implement subsections (1), (2), and (3) of this
section.
(7)The department shall adopt rules by August 1, 2010, to
implement subsection (4) of this section.
NEW SECTION. Sec. 113. A new section is added to
chapter 74.39A RCW to read as follows:
The department shall offer, directly or through contract,
training opportunities sufficient for a long-term care
worker to accumulate seventy hours of training within a
reasonable time period. For individual providers represented
by an exclusive bargaining representative under RCW
74.39A.270, the training opportunities shall be offered
through the training partnership established under RCW
74.39A.360.Training topics shall include, but are not limited
to: Client rights; personal care; mental illness; dementia;
developmental disabilities; depression; medication
assistance; advanced communication skills; positive client
behavior support; developing or improving client -centered
activities; dealing with wandering or aggressive client
behaviors; medical conditions; nurse delegation core
training; peer mentor training; and advocacy for quality care
training.The department may not require long term care
workers to obtain the training described in this section. This
requirement to offer advanced training applies beginning
January 1, 2012.
NEW SECTION. Sec. 114. A new section is added to
chapter 74.39A RCW to read as follows:
Unless the context clearly required otherwise, the
definitions in this section apply throughout this chapter.
(1) "Adult family home" means a home licensed under
chapter 70.128 RCW.
(2) "Adult residential care" means services provided by
a boarding home that is licensed under chapter 18.20 RCW
and that has a contract with the department under RCW
74.39A.020 to provide personal care services.
(3) "Assisted living services" means services provided by
a boarding home that has a contract with the department
under RCW 74.39A.010 to provide personal care services,
intermittent nursing services, and medication administration
services, and the resident is housed in a private apartment -
like unit.
(4) "Boarding home" means a facility licensed under
chapter 18.20 RCW.
(5) "Core competencies" means basic training topics,
including but not limited to, communication skills, worker
self care, problem solving, maintaining dignity, consumer
directed care, cultural sensitivity, body mechanics, fall
prevention, skin and body care, long-term care worker roles
and boundaries, supporting activities of daily Living, and food
preparation and handling.
(6) "Cost-effective care" means care provided in a setting
of an individual's choice that is necessary to promote the
most appropriate level of physical, mental, and psychosocial
well-being consistent with client choice, in an environment
that is appropriate to the care and safety needs of the
individual, and such care cannot be provided at a lower
cost in any other setting. But this in no way precludes an
individual from choosing a different residential setting to
achieve his or her desired quality of life.
(7) "Department" means the department of social and
health services.
(8) "Developmental disability" has the same meaning as
defined in RCW 71A.10.020.
(9) "Direct care worker" means a paid caregiver who
provides direct, hands on personal care services to persons
with disabilities or the elderly requiring long term care.
(10) "Enhanced adult residential care" means services
provided by a boarding home that is licensed under chapter
18.20 RCW and that has a contract with the department
under RCW 74.39A.010 to provide personal care services,
intermittent nursing services, and medication administration
services.
(11) "Functionally disabled person" or "person who
is functionally disabled" is synonymous with chronic
functionally disabled and means a person who because of a
recognized chronic physical or mental condition or disease,
or developmental disability, including chemical dependency,
is impaired to the extent of being dependent upon others for
direct care, support, supervision, or monitoring to perform
activities of daily living. "Activities of daily living" in this
context, means self -care bbilities related to personal care such
as bathing, eating, using the toilet, dressing, and transfer.
Instrumental activities of daily living may also be used to
assess a person's functional abilities as they are related to
the mental capacity to perform activities in the home and the
community such as cooking, shopping, house cleaning, doing
laundry, working, and managing personal finances.
(12) "Home and community services" means adult family
9 homes, in -home services, and other services administered
❑r provided by contract by the department directly or
through contract with area agencies on aging or similar
services provided by facilities and agencies licensed by the
department.
(13) "Home care aide" means a long-term care worker
who has obtained certification as a home care aide by the
department of health. -
(14) "Individual provider" is defined according to RCW
74.39A.240.
(15) "Long-term care" is synonymous with chronic
care and means care and supports delivered indefinitely,
intermittently, or over a sustained time to persons of any
age disabled by chronic mental or physical illness, disease,
chemical dependency, or a medical condition that is
permanent, not reversible or curable, or is long-lasting and
severely limits their mental or physical capacity for self -care.
The use of this definition is not intended to expand the scope
of services, care, or assistance by any individuals, groups,
residential care settings, or professions unless otherwise
expressed by law.
(16)(a) "Long-term care workers for the elderly or persons
with disabilities" or "long-term care workers" includes all
persons who are long-term care workers for the elderly
or persons with disabilities, including but not limited to
individual providers of home care services, direct care
employees of home care agencies, providers of home
care services to persons with developmental disabilities
underTitle 71 RCW, all direct care workers in state licensed
boarding homes, assisted living facilities, and adult family
homes, respite care providers, community residential service
providers, and any other direct care worker providing home
or community -based services to the elderly or persons with
functional disabilities or developmental disabilities.
(b) "Long-term care workers" do not include: (i) Persons
employed by the following facilities or agencies: Nursing
homes subject to chapter 18.51 RCW, hospitals or other acute
care settings, residential habilitation centers under chapter
71A.20 RCW, facilities certified under 42 C.F.R., Part 483,
hospice agencies subject to chapter 70.127 RCW, adult day
care centers, and adult day health care centers; or (ii) persons
who are not paid by the state or by a private agency or facility
licensed by the state to provide personal care services.
(17) "Nursing home" means a facility licensed under
chapter 18.51 RCW.
(18) "Personal care services" means physical or verbal
assistance with activities of daily living and instrumental
activities of daily living provided because of a person's
functional disability.
(19) "Population specific competencies" means basic
training topics unique to the care needs of the population the
long-term care worker is serving, including but not limited to,
mental health, dementia, developmental disabilities, young
adults with physical disabilities, and older adults.
(20) "Qualified instructor" means a registered nurse or
other person with specific knowledge, training, and work
experience in the provision of direct, hands on personal care
and other assistance services to the elderly or persons with
disabilities requiring long term care.
(21) "Secretary" means the secretary of social and health
services.
(22) "Secretary of health" means the secretary of health or
the secretary's designee.
(23) "Training partnership" means a joint partnership
or trust that includes the office of the governor and the
exclusive bargaining representative of individual providers
Initiative Measure 1163
U
Initiate Measure 1163
under RCW 74.39A.270 with the capacity to provide training,
peer mentoring, and workforce development, or other
services to individual providers.
(24) "Tribally licensed boarding home" means a boarding
home licensed by a federally recognized Indian tribe which
home provides services similar to boarding homes licensed
under chapter 18.20 RCW.
NEW SECTION. Sec. 115. The following acts or parts of
acts are each repealed:
(1) RCW 18.88B.020 (Certification requirements) and 2011 c
s ..., 2009 c 580 s 18, & 2009 c 2 s 4;
(2) RCW 18.88B.030 (Certification examinations) and 2011
c... s...,2009c580s4,&2009c,2s6;
(3) RCW 18.88B.040 (Exemptions from training
requirements) and 2011 c ... s ..., 2010 c 169 s 11; 2009 c 580 s
15, & 2009 c 2 s 7;
(4) RCW 74.39A.009 (Definitions) and 2011 c ... s ..., 2009 c
580 s 1, 2009 c 2 s 2; 2007 c 361 s 2, 2004 c 142 s 14, & 1997 c
392 s 103;
(5) RCW 74.39A.050 (Quality improvement principles)
and 2011 c... s...,2009c580s7,2009c2s14,2004c140s
6,2000c121 s10,1999c336s5, 1998c85s1, 1997c392s
209, & 1995 1 st sp.s. c 18 s 12;
(6) RCW 74.39A.055 (Criminal history checks on long-term
care workers) and 2011 c ... s ..., 2009 c 580 s 2, & 2009 c 2 s
3;
(7) RCW 74.39A.073 (Training requirements for long-term
care workers) and 2011 c ... s ..., 2009 c 580 s 10, & 2009 c 2 s
5;
(8) RCW 74.39A.075 (Training requirements for individual
providers caring for family members) and 2011 c ... s ..., 2009
c 580 s 11, & 2009 c 2 s 8;
(9) RCW 74,39A.085 (Enforcement actions against persons
not certified as home care aides and their employers) and
2011 c ... s ..., 2009 c 580 s 14, & 2009 c 2 s 12;
(10) RCW 74.39A.260 (Department duties -Criminal
background checks on individual providers) and 2011 c ... s ...,
2009 d 580 s 9, & 2002 c 3 s 5;
(11) RCW 74.39A.310 (Contract for individual home care
services providers -Cost of increase in wages and benefits
funded -Formula) and 2011 c ... s ..., 2007 c 361 s 8, & 2006 c
9s1;
(12) RCW 74.39A.330 (Peer mentoring) and 2011 c.... s ...,
2009 c 478 s 1, & 2007 c 361 s 3;
(13) RCW 74.39A.340 (Continuing education requirements
for tong -term care workers) and 2011 c ... s ..., 2009 c 580 s
12, 2009 c 2 s 9, & 2007 c 361 s4;and
(14) RCW 74.39A.350 (Advanced training) and 2011 c ... s
2009 c 580 s 13, 2009 c 2 s 10, & 2007 c 361 s5.
PART II '
PROTECTING TAXPAYERS BY REQUIRING ANNUAL
INDEPENDENT AUDITS, INCREASING FRAUD
INVESTIGATION, AND CAPPING ADMINISTRATIVE
EXPENSES
NEW SECTION. Sec. 201, The state auditor shall conduct
performance audits of the long-term in -home care program.
The first audit must be completed within twelve months after
the effective date of this section, and must be completed on
a biannual basis thereafter. As part of this auditing process,
the state shall hire five additional fraud investigators to
ensure that clients receiving services at taxpayers' expense
are medically and financially qualified to receive the services
and are actually receiving the services.
NEW SECTION. See. 202. The people hereby establish
limits on the percentage of tax revenues that can be used
for administrative.expenses in the long-term in -home care
program. Within one hundred eighty days of the effective
date of this section, the state shall prepare a plan to cap
administrative expenses so that at least ninety percent of
taxpayer spending must be devoted to direct care. This
Iimitatian must be achieved within two years from the
effective date of this section.
PART III
MISCELLANEOUS
NEW SECTION, Sec. 301. (1) Sections 101 and 115(6) of
this act only take effect if RCW 74.39A.055 is amended or
repealed by the legislature in 2011.
(2) Sections 102 and 115(10) of this act only take effect if
RCW 74.39A.260 is amended or repealed by the legislature in
2011.
(3) Sections 103 and 1150) of this act only take effect if
RCW 18.88B.020 is amended or repealed by the legislature in
2011;
(4) Sections 104 and 115(2) of this act only take effect if
RCW 18.88B.030 is amended or. repealed by the legislature in
2011.
(5) Sections 105 and 115(3) of this act only take effect if
RCW 18.88B.040 is amended or repealed by the legislature in
2011.
(6) Sections 106 and 115(5) of this act only take effect if
RCW 74.39A.050 is amended or repealed by the legislature in
2011.
(7) Sections 107 and 115(7) of this act only take effect if
RCW 74.39A.073 is amended or repealed by the legislature in
2011.
(8) Sections 108 and 115(8) of this act only take effect if
RCW 74.39A.075 is amended or repealed by the legislature in
2011.
(9) Sections 109 and 115(9) of this act only take effect if
RCW 74.39A.085 is amended or repealed by the legislature in
2011.
(10) Sections 110 and 115(11) of this act on€y take effect if
RCW 74.39A.310 is amended or repealed by the legislature in
2011.
(11) Sections 111 and 11502) of this act only take effect if
RCW 74.39A.330 is amended or repealed by the legislature in
2011.
(12) Sections 112 and 115(13) of this act only take effect if
RCW 74.39A.340 is amended or repeated by the legislature in
2011.
(13) Sections 113 and 115(14) of this act only take effect if
RCW 74.39A.350 is amended or repealed by the legislature in
2011.
(14) Sections 114 and 115(4) of this act only take effect if
RCW 74.39A.009 is amended or repealed by the legislature in
2011.
(15) Section 303 of this act takes effect only if one or more
other sections of this act take effect pursuant to paragraphs
(1) through (141 of this section.
NEW SECTION. Sec. 302. The code reviser is directed to
note in the Revised Code of Washington that sections 101
through 114 of this act are versions of statutes existing prior
to the 2011 regular legislative session as follows:
(1) Section 101 of this act is the same language as RCW
74.39A.055 and. 2009 c 580 s 2;
(2) Section 102 of this act is the same language as RCW
74.39A.260 and 2009 c 580 s 9;
(3) Section 103 of this act is the same language as RCW
18.888.020 and 2009 c 580 s 18;
(4) Section 104 of this act is the same language as RCW
18.88B.030 and 2009 c 580 s 4;
(5) Section 105 of this act is the same language as RCW
18.88B.040 and 2010 c 169 s 11;
(6) Section 106 of this act is the same language as RCW
74.39/a,050 and 2009 c 580 s 7;
(7) Section 107 of this act is the same language as RCW
74.39A.073 and 2009 c 580 s 10;
. (8) Section 108-of this act is the same language as RCW
74.39A.075 and 2009 c 580 s 11;
(9) Section 109 of this act is the same language as RCW
74.39A.085 and 2009 c 580 s 14;
(10) Section 110 of this act is the same language as RCW
74.39A.310 and 2007 c 361 s 8;
(11) Section 111 of this act is the same language as RCW
74.39A.330 and 2009 c 478 s 1;
(12) Section 112 of this act is the same language as RCW
74.39A.340 and 2009 c 580 s 12;
(13) Section 113 of this act is the same language as RCW
74.39A.350 and 2009 c 580 s 13; and
(14) Section 114 of this act is the same language as RCW
74,39A.009 and 2009 c 580 s 1.
If any of sections 101 through 114 of this act take effect,
the code reviser is directed to codify such sections in the
revised code of washington under the same statute number
as previously used for such statute, as set forth in this
section.
NEW SECTION. Sea 303. Notwithstanding any action
of the legislature during 2011, all long-term care workers
as defined under RCW 74.39A.009(16), as it existed on
April 1, 2011, are covered by sections 101 through 113 of
this act or by the corresponding original versions of the
statutes, as referenced in section 302 (1) through (13) on the
schedules set forth in those sections, except that long-term
care workers employed as community residential service
providers are covered by sections 101 through 113 of this act
beginning January 1, 2016.
NEW SECTION. Sec. 304. A new section is added to
chapter 74.39A RCW to read as follows:
(1) If any provision of this act triggers changes to an
agreement reached under RCW 74.39A.300, the changes
must go into effect immediately without need for legislative
approval.
(2)The requirements contained in RCW 74.39A.300
and this act constitute ministerial, mandatary, and
nondiscretionary duties. Failure to fully perform such duties
constitutes a violation of this act. Any person may bring an
action to require the governor or other responsible persons
to perform such duties. Such action may be brought in the
superior court, at the petitioner's option, for (a)Thurston
county, or (b) the county of the petitioner's residence or
principal place of business, or such action may be filed
directly with the supreme court, which is hereby given
original jurisdiction over such action.
NEW SECTION. Sec. 305. The provisions of this act are to
be liberally construed to effectuate the intent, policies, and
purposes of this act.
NEW SECTION. Sec. 306. If any provision of this act or
its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 307. This act takes effect sixty days
from its enactment by the people.
NEW SECTION. Sec. 308. This act may be known and
cited as the restoring quality home care initiative.
--- END -.
�100 � initiative Measure 1183
Complete Text
Initiative Measure 1183
AN ACT Relating to liquor; amending RCW 66.24.360,
82.08.150, 66:08.050, 66.08.060, 66.20.010, 66.20.160,
66.24.3,10, 66.24.380, 66.28.030, 66.24.540, 66.24.590,
66.28.060, 66.28.070, 66,28.170, 66.28.180, 66.28.190,
66.28.280, 66.04.010, 43.19.19054, 66.08.020, 66.08.026,
66.08.030, 66.24.145, 66.24.160, 66,32.010, 66.44.120,
66.44.150, 66.44.340, 19.126.010, and 19.126.040; reenacting
and amending RCW 66.28.040 and 19.126.020; adding
new sections to chapter 66.24 RCW; adding new sections
to chapter 66.28 RCW; creating new sections; repealing
RCW 66.08.070, 66.08.075, 66.08.160, 66.08.165, 66.08.166,
66,08.167, 66.08.220, 66.08.235, 66.16.010, 66.16.040,
66.16.041, 66.16.050, 66.16.060, 66.16.070, 66.16.100,
66,16.110, 66.16.120, and 66.28.045; contingently repealing
ESSB 5942, 2011 1st sp.s. c ... ss 1 through 10; and providing
an effective date.
BE IT ENACTED BYTHE PEOPLE OFTHE STATE OF
WASHINGTON:
PART I
LICENSED SALE OF SPIRITS
NEW SECTION. Sec. 101. (1)The people of the state of
Washington, in enacting this initiative measure, find that the
state government monopoly on liquor distribution and liquor
stores in Washington and the state government regulations
that arbitrarily restrict the wholesale distribution and
pricing of wine are outdated; inefficient, and costly to local
taxpayers, consumers, distributors, and retailers. Therefore,
the people wish to privatize and modernize both wholesale
distribution and retail sales of liquor and remove outdated
restrictions on the wholesale distribution of wine by enacting
this initiative.
(2)This initiative will:
(a) Privatize and modernize wholesale distribution and
retail sales of liquor in Washington state in a manner that will
reduce state government costs and provide increased funding
for state and local government services, while continuing to
strictly regulate the distribution and sale of liquor;
(b) Get the state government out of the commercial
business of, distributing, selling, and promoting the sale of.
liquor, allowing the state to focus on the more appropriate
government role of enforcing liquor laws and protecting
public health and safety concerning all alcoholic beverages;
(c) Authorize the state to auction off its existing state
liquor distribution and state liquor store facilities and
equipment;
(d) Allow a private distributor of alcohol to get a license
to distribute liquor if that distributor meets the requirements
set by the Washington state liquor control board and is
approved for a License by the board and create provisions to
promote investments by private distributors;
(e) Require private distributors who get licenses to
distribute liquor to pay ten percent of their gross spirits
revenues to the state during the first two years and five
percent of their gross spirits revenues to the state after the
first two years;
(f) Allow for a limited number of retail stores to sell liquor
if they meet public safety requirements set by this initiative
and the liquor control board;
(g) Require that a retail store must have ten thousand
square feet or more of fully enclosed retail space within a
single structure in order to get a license to sell liquor, with
limited exceptions;
(h) Require a retail store'to demonstrate to state
regulators that it can effectively prevent sales of alcohol to
minors in order to get a license to sell liquor;
(i) Ensure that local communities have input before a
liquor license can be issued to a local retailer or distributor
and maintain all local zoning requirements and authority
related to the location of liquor stores;
(j) Require private retailers who get licenses to sell liquor
to pay seventeen percent of their gross spirits revenues to
the state;
(k) Maintain the current distribution of liquor revenues
to local governments and dedicate a portion of the new
revenues raised from liquor license fees to increase funding
for local public safety programs, including police, fire, and
emergency services in communities throughout the state;
(1) Make the standard fines and license suspension
penalties for selling liquor to minors twice as strong as
the existing fines and penalties for selling beer or wine to
minors;
(m) Make requirements for training and supervision of
employees selling spirits at retail more stringent than what is
now required for sales of beer and wine;
(n) Update the current law on wine distribution to allow
wine distributors and wineries to give volume discounts on
the wholesale price of wine to retail stores and restaurants;
and
(o) Allow retailers and restaurants to distribute wine to
their own stores from a central warehouse.
NEW SECTION. Sec. 102. A new section is added to
chapter 66.24 RCW to read as follows:
(1)The holder of a spirits distributor license or spirits retail
license issued under this title may commence sale of, spirits
upon issuance thereof, but in no event earlier than March 1,
2012, for distributors, or June 1, 2012, for retailers.The board
must complete application processing by those dates of all
complete applications for spirits licenses on file with the
board on or before sixty days from the effective date of this
section.
(2)The board must effect orderly closure of all state liquor
stores no later than June 1, 2012, and must thereafter refrain
from purchase, sale, or distribution of liquor, except for asset
sales authorized by this act.
(3)The board must devote sufficient resources to planning
and preparation for sale of all assets of state liquor stores
and distribution centers, and all other assets of the state over
which the board has power of disposition, including without
limitation goodwill and location value associated with state
liquor stores, with the objective of depleting all inventory
of liquor by May 31, 2012, and closing all other asset sales
no later than June 1, 2013.The board, in furtherance of this
subsection, may sell liquor to spirits licensees.
Initiative Measure 1183
(4)(a) Disposition of any state liquor store or distribution
center assets remaining after June 1, 2013, must be managed
by the department of revenue.
(b)The board must obtain the maximum reasonable value
for all asset sales made under this section. .
(c)The board must sell by auction open to the public the
right at each state-owned store location of a spirits retail
licensee to operate a liquor store upon the premises. Such
right must be freely alienable and subject to all state and local
zoning and land use requirements applicable to the property.
Acquisition of the operating rights must be a precondition to,
but does not establish eligibility for, a spirits retail license at
the location of a state store and does not confer any privilege
conferred by a spirits retail license. Holding the rights does
not require the holder of the right to operate a liquor -licensed
business or apply for a liquor license.
(5) All sales proceeds under this section, net of direct
sales expenses and other transition costs authorized by this
section, must be deposited into the liquor revolving fund.
(6)(a)The board must complete the orderly transition from
the current state-controlled system to the private licensee
system of spirits retailing and distribution as required under
this chapter by June 1, 2012.
(b)The transition must include, without limitation, a
provision for applying operating and asset sale revenues of
the board to just and reasonable measures to avert harm to
interests of tribes, military buyers, and nonemployee liquor
store operators under then existing contracts for supply
by the board of distilled spirits, taking into account present
value of issuance of a spirits retail license to the holder of
such interest. The provision may extend beyond the time for
completion of transition to a spirits licensee system.
(c) Purchases by the federal government from any
licensee of the board of spirits for resale through
commissaries at military installations are exempt from sales
tax based on selling price levied by RCW 82.06.150.
NEW SECTION. Sec. 103. A new section is added to
chapter 66.24 RCW to read as follows:
(1)There is a spirits retail license to: Sell spirits in
original containers to consumers for consumption off the
licensed premises and to permit holders; sell spirits in
original containers to retailers licensed to sell spirits for
consumption an the premises, for resale at their licensed
Premises according to the terms of their licenses, although
no single sale may exceed twenty-four liters, unless the sale
is by a. licensee that was a contract liquor store manager
of a contract liquor store at the location of its spirits retail
licensed premises from which it makes such sales; and
export spirits.
(2) For the purposes of this title, a spirits retail license is
a retail license, and a sale by a spirits retailer is a retail sale
only if not for resale. Nothing in this title authorizes sales by
on -sale licensees to other retail € ice nsees.The board must
establish by rule an obligation of on -sale spirits retailers to:
(a) Maintain a schedule by stock -keeping unit of all their
purchases of spirits from spirits retail licensees, indicating
the identity of the seller and the quantities purchased; and
(b) Provide, not more frequently than quarterly, a report
for each scheduled item containing the identity of the
101� Nd
purchasing on -premise licensee and the quantities of that
scheduled item purchased since any preceding report to:
(i) A distributor authorized by the distiller to distribute a
scheduled item in the on -sale licensee's geographic area; or
00 A distiller acting as distributor of the scheduled item in
the area.
(3)(a) Except as otherwise provided in subsection (c)
of this section, the board may issue spirits retail licenses
only for premises comprising at least ten thousand square
feet of fully enclosed retail space within a single structure,
including storerooms and other interior auxiliary areas but
excluding covered or fenced exterior areas, whether or
not attached to the structure, and only to applicants that
the board determines will maintain systems for inventory
management, employee training, employee supervision, and
physical security of the product substantially as effective as
those of stores currently operated by the board with respect
to preventing sales to or pilferage by underage or inebriated
persons.
(b) License issuances and renewals are subject to RCW
66.24.010 and the regulations promulgated thereunder,
including without limitation rights of cities, towns, county
legislative authorities, the public, churches, schools, and
public institutions to object to or prevent issuance of local
liquor licenses. However, existing grocery premises licensed
to sell beer and/or wine are deemed to be premises "now
licensed" under RCW 66.24.010(9)(a) for the purpose of
processing applications for spirits retail licenses.
(c)The board may not deny a spirits retail license to
an otherwise qualified contract liquor store at its contract
location or to the holder of former state liquor store
operating rights sold at auction under section 102 of this act
on the grounds of location, nature, or size of the premises to
be Iicensed.The board shall not deny a spirits retail license
to applicants that are not contract liquor stores or operating
rights holders on the grounds of the size of the premises to
be licensed, if such applicant is otherwise qualified and the
board determines that:
(i)There is no retail spirits license holder in the trade area
that the applicant proposes to serve;
(ii)The applicant meets, or upon licensure will meet, the
operational requirements established by the board by rule;
and
(iii)The licensee has not committed more than one public
safety violation within the three years preceding application.
(d) A retailer authorized to sell spirits for consumption
on or off the licensed premises may accept delivery of
Spirits at its licensed premises or at one or more warehouse
facilities registered with the board, which facilities may,also
warehouse and distribute noniiquor items, and from which
the retailer may deliver to its own licensed premises and,
pursuant to safes permitted under subsection (1) of this
section:
(OTo other retailer premises licensed to sell spirits for
consumption on the licensed premises;
(ii)To other registered facilities; or
OF)To lawful purchasers outside the state.The facilities
may be registered and utilized by associations, cooperatives,
or comparable groups of retailers, including at least one
retailer licensed to sell spirits.
102
Initiative Measure 1183
(4) Each spirits retail licensee must pay to the board, for
deposit into the liquor revolving fund, a license issuance fee
equivalent to seventeen percent of all spirits sales revenues
under the license, exclusive of taxes collected, by the licensee
and of sales of items on which a license fee payable under
this section has otherwise been incurred.The board must
establish rules setting forth the timing of such payments
and reporting of sales dollar volume by the licensee, with
payments required quarterly in arrears.The first payment is
due October 1, 2012.
(5) In addition to the payment required under subsection
(4) of this section, each licensee must pay an annual license
renewal fee of, one hundred sixty-six dollars.The board
must periodically review and adjust the renewal fee as may
be required to maintain it as comparable to annual license
renewal fees for licenses to sell beer and wine not for
consumption on the licensed premises. If required by law at
the time, any increase of the annual renewal fee becomes
effective only upon ratification by the legislature.
(6) As a condition to receiving and renewing a retail spirits
license the licensee must provide training as prescribed
by the board by rule for individuals who sell spirits or who
manage others who sell spirits regarding compliance with
laws and regulations regarding sale of spirits, including
without limitation the prohibitions against sale of spirits
to individuals who are underage or visibly intoxicated.The
training must be provided before the individual first engages
in the sale of spirits and must be renewed at least every five
years.The licensee must maintain records documenting the
nature and frequency of the training provided. An employee
training program is presumptively sufficient if it incorporates
a "responsible vendor program" promulgated by the board.
(7)The maximum penalties prescribed by the board in
WAC 314-29-020 through 314-29-040 relating to fines and
suspensions are doubled for violations relating to the sale of
spirits by retail spirits licensees.
(8)(a)The board must promulgate regulations concerning
the adoption and administration of a compliance training
program for spirits retail licensees, to be known as a
"responsible vendor program;' to reduce underage drinking,
encourage licensees to adopt specific best practices to
prevent sales to minors, and provide licensees with an
incentive to give their employees on -going training in
responsible alcohol sales and service.
(b) Licensees who join the responsible vendor program
under this section and maintain all of the program's
requirements are not subject to the doubling of penalties
provided in this section for a single violation in any period of
twelve calendar months.
(c)The responsible vendor program must be free,
voluntary, and self -monitoring.
(d)To participate in the responsible vendor program,
licensees must submit an application form to the board.
If the application establishes that the licensee meets the
qualifications to join the program, the board must send the
licensee a membership certificate.
(e) A licensee participating in the responsible vendor
program must at a minimum:
(i) Provide on -going training to employees;
(ii) Accept only certain forms of identification for alcohol
sales;
(iii) Adopt policies on alcohol sales and checking
identification;
(iv) Post specific signs in the business; and
(v) Keep records verifying compliance with the program's
requirements.
Sec. 104. RCW 66.24.360 and 2011 c 119 s 203 are each
amended to read as follows:
(1)There ((she" be)) is a ((beer an {ervAne-retai�er=ems
to be design -a")) grocery store license to sell wine and/
or beer, inciucing.without limitation strong beer((;and,'er-
wine)) at retail in ((bottle_ ____ 'fd)) original containers,
not to be consumed upon the premises where sold((; ac wer
M+M (2)There is a wine retailer res II r endorsement
of a grocery store license. tg sell wine at retail in original
containers to retailers lic nsed to sell wine fQr consumption
an the remises for re ale at their licensed ❑remises
according to the terms of the license. However, no single
sale may exceed twenty-four liters, unless the sale is m_&de
by, a„licensee that was a contraQt Iiguor store 'managp.rr gf
a contract-ouerated liquor store at the location from which
such sales are made. F r he purposes of this title a grocery
store license is a retail license, and a sale by a grocery store
licensee with a r seller endorsement is a retail sale anly Af
not for resale.
(3) Licensees obtaining a written endorsement from the
board may also sell malt liquor in kegs or other containers
capable of holding less than five and one-half gallons of
liquid.
((f2-))) (4)The annual fee for the grocery store license is
one hundred fifty dollars for each store.
((}3})) (5�The annual fee for the wine retailer reseIIer
endorsement is one hundred six-six_dollars for each store.
(6)The board ((shall)) must issue a restricted grocery store
license authorizing the licensee to sell beer and only table
wine, if the board finds upon issuance or renewal of the
license that the sale of strong beer or fortified wine would be
against the public interest. In determining the public interest,
the board ((dial#)) must consider at least the following
factors:
(a)The likelihood that the applicant will sell strong beer or
fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the
applicant's establishment that may arise from persons
purchasing strong beer or fortified wine at the establishment;
and
(c) Whether the sale of strong beer or fortified wine
would be detrimental to or inconsistent with a government -
operated or funded alcohol treatment or detoxification
program in the area.
If the board receives no evidence or objection that the sale
of strong beer or fortified wine would be against the public
interest, it ((shall)) must issue or renew the license without
restriction, as applicable. The burden of establishing that the
sale of strong beer or fortified wine by the licensee would be
against the public interest is on those persons objecting.
((W)) M Licensees holding a grocery store license must
maintain a minimum three thousand dollar inventory of food
Initiative Measure 1183
products for human consumption, not including pop, beer,
strong beer, or wine.
M5))) 8 11 A race store licensee wi h a wine retail r
reseller endor ement may accept delivqnLgf wine at it
licensed remises or nt ong or mare warehous f ci#ities
Mister d with the board which facilitie ma also
wall rehousand distribute nonliquor items. and from which
it ma d liver to its wn licensed oremises and ursu nt
to sales Decmittod by this title, to other licensed.,,. remises.
to other re istere facilitie s, or to lawful V —rch asers o u t s i d
the state. Fac'fities may b re istere and utiIizQd �
associations cooperatives, or compare#e groins of grocery
store licensees.
(9) Upon approval by the board, the grocery store licensee
may also receive an endorsement to permit the international
export of beer, strong beer, and wine,
(a) Any beer, strong beer, or wine sold under this
endorsement must have been purchased from a licensed
beer or wine distributor licensed to do business within the
state of Washington.
(b) Any beer, strong beer, and wine sold under this
endorsement must be intended for consumption outside the
state of Washington and the United States and appropriate
records must be maintained by the licensee.
(c) Any beer, strong beer, or wine sold under this
({license)) endorsement must be sold at a price no less than
the acquisition price paid by the holder of the license.
(d)The annual cost of this endorsement is five hundred
dollars and is in addition to the license fees paid by the
licensee for a grocery store license.
W&i)) 10 A grocery store licensee holding a snack bar
license under RCW 66.24.350 may receive an endorsement
to allow the sale of confections containing more than one
percent but not more than ten percent alcohol by weight to
persons twenty-one years of age or older,
NEW SECTION. Sec. 105. A new section is added to
chapter 66.24 RCW to read as follows:
(1)There is a license far spirits distributors to (a)
sell spirits purchased from manufacturers, distillers, or
suppliers including, without limitation, licensed Washington
distilleries, licensed spirits importers, other Washington
spirits distributors, or suppliers of foreign spirits located
outside of the United States, to spirits retailers including,
without limitation, spirits retail licensees, special occasion
license holders, interstate common carrier license holders,
restaurant spirits retailer license holders, spirits, beer, and
wine private club license holders, hotel license holders,
sports entertainment facility license holders, and spirits,
beer, and wine nightclub license holders, and to other spirits
distributors; and (b) export the same from the state.
(2) By January 1, 2012, the board must issue spirits
distributor licenses to all applicants who, upon the effective
date of this section, have the right to purchase spirits
from a spirits manufacturer, spirits distiller, or other spirits
supplier for resale in the state, or are agents of such supplier
authorized to sell to licensees in the state, unless the board
determines that issuance of a license to such applicant is not
in the public interest.
(3)(a) As limited by (b) of this subsection' and subject to
(c) of this subsection, each spirits distributor licensee must
103
pay to the board for deposit into the liquor revolving fund, a
license issuance fee calculated as follows:
0) In each of the first two years of licensure, ten percent of
the total revenue from all the licensee's sales of spirits made
during the year for which the fee is due, respectively; and
00 In the third year of licensure and each year thereafter,
five percent of the total revenue from ail the licensee's sales
of spirits made during the year for which the fee is due,
respectively.
(b)The fee required under this subsection (3) is calculated
only on sales of items which the licensee was the first spirits
distributor in the state to have received:
(i) In the case of spirits manufactured in the state, from
the distiller; or
(ii) In the case of spirits manufactured outside the state,
from an authorized out-of-state supplier.
Ic) By March 31, 2013, ail persons holding spirits
distributor licenses on or before March 31, 2013, must have
paid callective#y one hundred fifty million dollars or more
in spirits distributor license fees. If the collective payment
through March 31, 2013, totals less than one hundred fifty
million dollars, the board must, according to rules adopted
by the board for the purpose, collect by May 31, 2013, as
additional spirits distributor license fees the difference
between one hundred fifty million dollars and the actual
receipts, allocated among persons holding spirits distributor
licenses at any time on or before March 31, 2013, ratably
according to their spirits sales made during calendar year
2012. Any amount by which such payments exceed one
hundred fifty million dollars by March 31, 2013, must be
credited to future license issuance fee obligations of spirits'
distributor licensees according to rules adopted by the board.
(d) A retail licensee selling for resale must pay a
distributor license fee under the terms and conditions in
this section on resales of spirits the licensee has purchased
an which no other distributor license fee has been paid.
The board must establish rules setting forth the frequency
and timing of such payments and reporting of sales dollar
volume by the licensee, with payments due quarterly in
arrears.
(a) No spirits inventory may be subject to calculation of
more than a single spirits distributor license issuance fee.
(4) In addition to the payment set forth in subsection (3)
of this section, each spirits distributor licensee renewing its
annual license must pay an annuaf license renewal fee of
one thousand three hundred twenty dollars for each licensed
location.
(55)The re is no minimum facility size or capacity for
spirits distributor licenses, and no limit on the number
of such licenses issued to qualified applicants. License
applicants must provide physical security of the product
that is substantiafly as effective as the physical security of
the 'distribution facilities currently operated by the board
with respect to preventing pilferage. License issuances and
renewals are subject to RCW 66.24.010 and the regulations
Promulgated thereunder, including without limitation rights
of cities, towns, county legislative authorities, the public,
churches, schools, and public institutions to object to or
prevent issuance of local liquor licenses. However, existing
distributor premises licensed to sell beer and/or wine
are deemed to be premises "now licensed" under RCW
104
Initiative Measure 1183
I
initiative Measure 1183
105
66.24.010(9)(a) for the purpose of processing applications for
spirits distributor licenses.
Sec. 106. RCW 82.08.150 and 2009 c 479 s 65 are each
amended to read as follows:
(1)There is levied and ((shall be)) collected a tax upon
each retail sale of spirits in the original package at the rate of
fifteen percent of the selling price((sales to sp ri, and wine restaurant licensees)).
l�rttfiBEt sales including sales b, 11 F the
(2)There is levied and ((shall be)) collected a tax upon
each sale of spirits in the original package at the rate of
ten percent of the selling price on sales by ((Washington
state-} .
restaur-nt 1meen __)) a spirits distributor licensee or other
licensee acting as a spirits_di�t_r_ibutor pur6uanttoTitle _6_i,
RCW to restaurant spirits retailers.
(3)There is levied and ((shek be)) collected an additional
tax upon each ((retail)) sate of spirits in the original package
by a spirits distributor licensee or other licensee acting as a
spirits distribuutar pursuant to Title 66 RCW to a restaurant
spirits retailer and upon each retail sale of spirits in the
original oackape by a licensee of the board at the rate of
one dollar and seventy-two cents per liter. ((
tax i rn pese-' n4ri to h-so les
d
restaurant li__ ees.))
(4) An additional tax is imposed equal to fourteen percent
multiplied by the taxes payable under subsections (1), (2),
and (3) of this section.
(5) An additional tax is imposed upon each ((retail)) sale
of spirits in the original package by a spirits -distributor
licensee or other licensee acting a5_a spirits distributor_
ursuant toTitle 66 RCW toa, restaurant rmirits retailer and
u pon each retai I sal a of soirits'n the on ina I packagb
lic�elnysee of the board at the rate of seven cents per liter. ((T#te
sudh sales including sales ashi �g
ales -to spirit- b__.. _n d .
ine
'°-------.)) All revenues collected during any
month from this additional tax ((shaft)) must be deposited in
the state general fund by the twenty-fifth day of the following
month.
(6)(a) An additional tax is imposed upon retail sale of
spirits in the original package at the rate of ((one and sevenw
tenths percent of
n 39nd)) three and four -tenths
percent of the selling price Qthe --f`--.TL
+iquer st ,
beer-�ine restaurant l:. _sees)).
(b) An additional tax is imposed upon retail sale of spirits
in the original package to a restaurant spirits retailer at
the rate of (( -_ __ ._percent of the selling price
through
^"^^,ter, anu}} two and three -tenths ep rcent of the selling price
Uhl ))
(c) An additional tax is imposed upon each ((retail)) sale
of spirits in the original package by a spirits distributor
[ice see or Wier- lice nsee acti ng as a s i rits d istribut r
pursuant Ti ie 6 RCW to a restauran s irit ret it r n
upon each retail sale of spirits inthe ori_qinal_oackage by a_
licensee of the board at the rate of ((twenty cents per liter
f ��
)) forty-one cents
per liter ((tlie're'�ft,TLTpr%ivr'lai-t8x-a-pp{-iesrta-all�-tfelR-
safe5-ifire#tiding
aft'. agencies, and beer, and wine
restaurant
1i----___))•
(d) All revenues collected during any month from
additional taxes under this subsection ((shall)) must be
deposited in the state general fund by the twenty-fifth day of
the following month.
(7)(a) An additional tax is imposed upon each retail sale
of spirits in the original package at the rate of one dollar and
thirty-three cents per liter. ((n :_ _
strehr
restatir__a I:_..-_ees.)) _ r ,
(b) All revenues collected during any month from
additional taxes under this subsection ((shell)) must be
deposited by the twenty-fifth day of the following month into
the general fund.
(8)The tax imposed in RCW 82.08.020 ((shall)) does not
apply to sales of spirits in the original package.
(9)The taxes imposed in this section ((shall)) must be
paid by the buyer to the seller, and each seller ((shall)) must
collect from the buyer the full amount of the tax payable in
respect to each taxable sale under this section.The taxes
required by this. section to be collected by the seller ((shall))
must be stated separately from the selling price, and for
purposes of determining the tax due from the buyer to the
seller, it ((shall be)) is conclusively presumed that the selling
,price quoted in any price list does not include the taxes
imposed by this section. Sellers must report and return
all taxes imposed in this sectiQn_inacr rdance with rules
adopted by the department.
(10) As used in this section, the terms, "spirits" and
"package" ((shall)) have the same meaning ((ascribed
them)) as provided in chapter 66.04 RCW.
Sec. 107. RCW 66.08.050 and 2011 c 186 s 2 are each
amended to read as follows:
The board, subject to the provisions of this title and the
rules, ((shall)) must:
(1) ((BeEer�rtitte-#help-�trlin••whri�r
mtjrmber
d-tOvvn e
in mii,li
a mifiii, vl. trra cula� rr a n u fa tii esrrquor preduet'�
other then y'ci CieT.FTTI7G, a licenser'C:lLTZiCTfST
iiquor store for the products-c-f-
49
the guidel4rea-provided by law, ru
�[iC Q
ntract
mod. #e-�rsn�-enel"
�ZSIC
�ees required€ tyre
b '
of t
---... •yu❑GJ Ii ..11 _.L-- -- -- -Lan . ��
(53)) Determine the nature, form and capacity of all
Packages to be used for containing liquor kept for sale under
this title;
((&�)) L). Execute or cause to be executed, all contracts,
papers, and documents in the name of the board, under such
regulations as the board may fix;
((M)) L) Pay all customs, duties, excises, charges and
obligations whatsoever relating to the business of the board;
We))) JM Require bonds from 611 employees in the
discretion of the board, and to determine the amount of
fidelity bond of each such employee;
M-9))) L51 Perform services for the state lottery
commission to such extent, and for such compensation, as
may be mutually agreed upon between the Board and the
commission;
(( IK L6)Accept and deposit into the general fund -local
account and disburse, subject to appropriation, federal
grants or other funds or donations from any source for the
purpose of improving public awareness of the health risks
associated with alcohol consumption by youth and the abuse
of alcohol by adults in Washington state. The board's alcohol
awareness program ((shall)) must cooperate with federal and
state agencies, interested organizations, and individuals to
effect an active public beverage alcohol awareness program;
Perform all other matters and things, whether
similar to the foregoing or not, to carry out the provisions
of this title, and ((shal{-have)) has full power to do each and
every act necessary to the conduct of its ((opsii,�ssT,y�
all buyMno-'-se4i ' 1 i is a R 7-
��u it i t i Liri-6ril9'e--1,3fj'�i"�j"@'�g-
a'"-�T�I-ham)) e ulato functions in udin all u lies
�ocurement r oration and a ro ! o form and eve
o her undertakin necessar to erform its re ulat
functions whatso ver subject and t udit b the tat
uditor_However. the board has na authority to regulate the
content of spoken language on licensed premises where wine
and other liquors are served and where there is not a clear
and present danger of disorderly conduct being provoked by
such language or to rest Hot adverti i ng of lawful ri es.
Sec. 108. RCW 66.08.060 and 2005 c 231 s 3 are each
amended'to read as follows:
((�`TTriS�'��T✓7fII-3T'ialTT3�F�'p -"
---�33))The board ({�)) has power to adopt any and
all reasonable rules as to the kind, character, and location of
advertising of liquor.
Sec. 109. RCW 66.20.010 and 2011 c 119 s 213 are each
amended to read as follows:
Upon application in the prescribed form being made to
any employee authorized by the board to issue permits,
accompanied by payment of the prescribed fee, and upon
the employee being satisfied that the applicant should be
granted a permit under this title, the employee ((shall)) must
issue to the applicant under such regulations and at such
fee as may be prescribed by the board a permit of the class
applied for, as follows:
(1) Where the application is for a special permit by a
physician or dentist, or by any person in charge of an
institution regularly conducted as a hospital or sanitarium
for the care of persons in ill health, or as a home devoted
exclusively to the care of aged people, a special liquor
purchase permit, except that the governor may waive the
requirement for a special liquor purchase permit under
this subsection pursuant to an order issued under RCW
43.06.220(2);
1(2) Where the application is for a special permit by
a person engaged within the state in mechanical or
manufacturing business or in scientific pursuits requiring
alcohol for use therein, or by any private individual, a special
permit to purchase alcohol for the purpose named in the
permit, except that the governor may waive the requirement
for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(3) Where the application is for a special permit to
consume liquor at a banquet, at a specified date and place,
a special permit to purchase liquor for consumption at such
banquet, to such applicants as may be fixed by the board;
(4) Where the application is for a special permit to
consume liquor on the premises of a business not licensed
under this title, a special permit to purchase liquor for
consumption thereon for such periods of time and to such
applicants as may be fixed by the board;
(5) Where the application is for a special permit by a
manufacturer to import or purchase within the state alcohol,
malt, and other materials containing alcohol to be used
in the manufacture of liquor, or other products, a special
permit;
(6) Where the application is for a special permit by a
person operating a drug store to purchase liquor at retail
prices only, to be thereafter sold by such person on the
prescription of a physician, a special liquor purchase permit,
except that the governor may waive the requirement for
a special liquor purchase permit under this subsection
Pursuant to an order issued under RCW 43.06.220(2);
(7) Where the application is for a special permit by an
authorized representative of a military installation operated
by or for any of the armed forces within the geographical
boundaries of the state of Washington, a special permit to
purchase liquor for use on such military installation ((at-
,+••cGa�ir}C'edT7ytTTG-4OaTQ})1
(8) Where the application is for a special permit by a
vendor that manufactures or sells a product which cannot
be effectively presented to potential buyers without serving
it with liquor or by a manufacturer, importer, or distributor,
Q16 irtiative Measure 1183
Irw or representative thereof, to serve liquor without charge to
delegates and guests at a convention of a trade association
composed of licensees of the board, when the said liquor
is served in a hospitality room or from a booth in a board -
approved suppliers' display room at the convention,
and when the liquor so served is for consumption in
the said hospitality room or display room during the
convention, anything in this title ((66 R£W)) to the contrary
notwithstanding. Any such Spirituous liquor ((shell)) must
be purchased from (( beer, -and wine
restaurant "eensee)) a spirits retailer or is tributor and any
such ((beer an' wi* - be)) liquor is subject to the taxes
imposed by RCW 66.24.290 and 66.24.210;
(9) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative
thereof, to donate liquor for a reception, breakfast, luncheon,
or dinner for delegates and guests at a convention of a
trade association composed of licensees of the board,
when the liquor so donated is for consumption at the
said reception, breakfast, luncheon, or dinner during the
convention, anything in this title ((66 RGW)) to the contrary
notwithstanding. Any such spirituous liquor ((shell)) must
be purchased from (( S ` per � d wine
restaurant )) a spirits retailer or distributor, and any
such ((' --- w4m A ' -")) liquor is subject to the taxes
imposed by RCW 66.24.290 and 66.24.210;
(10) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative
thereof, to donate and/or serve liquor without charge to
delegates and guests at an international trade fair, show,
or exposition held under the auspices of a federal, state, or
local governmental entity or organized and promoted by a
nonprofit organization, anything in this title ((66 RG )) to
the contrary notwithstanding. Any such spirituous liquor
((shall)) must be purchased from ((mod)) a liguor_s�rit_s_
retailer -or _distributc, and any such ((beer _-._.:_L vc he `e))
she
liquor is subject to the taxes imposed by RCW 66,24.290 and
66.24.210;
(11) Where the application is for an annual special permit
by a person operating a bed and breakfast lodging facility
to donate or serve wine or beer without charge to overnight
guests of the facility if the wine Or beer is for consumption
on the premises of the facility. "Bed and breakfast lodging
facility;' as used in this subsection, means a facility offering
from one to eight lodging units and Breakfast to travelers
and guests.
Sec. 110. RCW 66.20.160 and 2005 c 151 s 8 are each
amended to read as follows:
(( )) As used in RCW 66.20.160 ((to))
through 66.20.210, inclusive, ((shell-`_.-aNYVSny
"licensee" means the holder of a retail liquor license
issued by the board, and includes any employee or agent of
the licensee.
(VII nffployed-in a state -
Sec. 111. RCW 66.24.310 and 2011 c 119 s 301 are each
amended to read as follows:
(1)(a) Except as provided in (b) of this subsection, no
person ((shell)) may canvass for, solicit, receive, or take
orders for the purchase or sale of liquor, nor contact any
licensees of the board in goodwill activities, unless ((streh
esertrtative of a pesarr
�stra nt to R t ss
state or a wine distributers
r,,,, __:__ r__�:t_-, -_ _ ��
E QeL G4.�G4 �G}JI G.�u�f f a
►) the
person is the representaiwe of a licensee or certifat_�holder
authorized by this title to self liquor for resale in the state and
has applied for and received a representative's license'.
(b) (a) of this subsection ((shelF►) does not apply to: 0)
Drivers who deliverspirits, beer, or wine; or (ii) domestic
wineries or their employees.
(2) Every representative's license issued under this
title ((she" e)) is subject to all conditions and restrictions
imposed by this title or by the rules and regulations of the
board; the board, for the purpose of maintaining an orderly
market, may limit the number of representative's licenses
issued for representation of specific classes of eligible
employers.
(3) Every application for a representative's license must
be approved by a holder of a certificate of approval ((issued
pursuant to RE3VV 66-.24-2-�)), a licensed beer
distributor, a licensed domestic brewer,'a licensed beer
importer, a licensed microbrewer, a licensed domestic
winery, a licensed wine importer, a licensed wine distributor,
or by a distiller, manufacturer, importer, or distributor of
(( )) spirits, or of foreign produced beer or
wine, as required by the rules and regulations of the board
((shall require)).
(4)The fee for a representative's license ((shell be)) is
twenty-five dollars per year.
(({-Sc r
liar r she has
re-4-ii-censees of the boaf+
ou�3_�
ems-) )
Sec. 112. RCW 66.24.380 and 2005 c 151 s 10 are each
amended to read as follows:
There ((she" be)) is a retailer's license to be designated
as a special occasion license to be issued to a not -for -profit
society or organization to sell spirits, beer, and wine by
the in serving for on -premises consumption at a
specified event, such as at picnics or other special occasions,
at a specified date and place; fee sixty dollars per day.
(1)The not -far -profit society or organization is limited to
sales of no more than twelve calendar days per year. For the
purposes of this subsection, special occasion licensees that
are "agricultural area fairs" or "agricultural county, district,
and area fairs," as defined by RCW 15.76.120, that receive a
special occasion license may, once per calendar year, count
as one event fairs that last multiple days, so long as alcohol
sales are at set dates, times, and locations, and the board
receives prior notification of the dates, times, and locations.
Initiative Measure 1183
The special occasion license applicant will pay the sixty
dollars per day for this event.
(2)The licensee may sell spirits beer, and/or wine in
original, unopened containers for off -premises consumption
if permission is obtained from the board prior to the event.
(3) Sale, service, and consumption of spirits, beer, and
wine is to be confined to specified premises or designated
areas only.
(4) ((SPiri-tdetts)) Liquor Sold under this special occasion
license must be purchased ((attrs4et� le grg
taxes)) from a licensee of the board.
(5) Any violation of this section is a class 1 civil infraction
having a maximum penalty of two hundred fifty dollars as
provided for in chapter 7.60 RCW.
Sec. 113. RCW 66.28.030 and 2004 c 160 s 10 are each
amended to read as follows:
Every domestic distille brewery, and microbrewery,
domestic winery, certificate of approval holder, licensed
liquor im ort r licensed wine importer, and licensed
beer importer {(fie}) js responsible for the conduct
of any licensed spirits beer, or wine distributor in selling,
or contracting to sell, to retail licensees, spirits beer, or
wine manufactured by such domestic distillery, brewery,
microbrewery, domestic winery, manufacturer holding a
certificate of approval, sold by an authorized representative
holding a certificate of approval, or imported by such liquor.
beer, or wine importer. Where the board finds that any
licensed spirits. been or wine distributor has violated any of
the provisions of this title or of the regulations of the board
in selling or contracting to Se I I sp irits bear, or wine to retail
licensees, the board may, in addition to any punishment
inflicted or imposed upon such distributor, prohibit the sale
of the brand or brands of spirits, beer, or wine involved in
such violation to any or all retail licensees within the trade
territory usually served by such distributor for such period of
time as the board may fix, irrespective of whether the distiller
manufacturing such spirits or the liquor importer importing
such spirits, brewer manufacturing such beer or the beer
importer importing such bee, or the domestic winery
manufacturing such wine or the wine importer importing
such wine or the certificate of approval holder manufacturing
such sgrits bee, or wine or acting as authorized
representative actually participated in such violation.
Sec. 114. RCW 66.24.540 and 1999 c 129 s 1 are each
amended to read as follows:
JjIThere ((shalF-te)) is a retailer's license to be designated as
a motel Iice nse. The moteifIice nse may be issued to a motel
regardless of whether it holds any other class of license
under this title. No license may be issued to a motel offering
rooms to its guests on an hourly basis. The license authorizes
the licensee to:
({{-1.3)) Ja_� Sell, at retail, in locked honor bars, spirits in
individual bottles not to exceed fifty milliliters, Beer in
individual cans or bottles not to exceed twelve ounces,
and wine in individual bottles not to exceed one hundred
eighty-seven milliliters, to registered guests of the motel for
consumption in guest rooms.
((W)) ll Each honor bar must also contain snack foods.
No more than one-half of the guest rooms may have honor
bars.
107
Wb+)) LD All spirits to be sold under the license must
be purchased from a s irits retailer or a spirits distributor
licensee of the board.
(({, })) IiLThe licensee ((shall)) must require proof of age
from the guest renting a guest room and requesting the use
of an honor bar, The guest must also execute an
affidavit verifying that no one under twenty-one years of age
Yshall e)) has access to the spirits, beer, and wine in the
honor bar.
(K20 LbI Provide without additional charge, to overnight
guests of the motel, apirits, beer, and wine by the individual
serving for on -premises consumption at a specified regular
date, time, and place as may be fixed by the board. Self-
service by attendees is prohibited. All Wirits, beer, and wine
service must be done by an alcohol server as defined in RCW
66.20.300 and comply with RCW 66.20.310.
JZThe annual fee for a motel license is five hundred dollars.
3 For the {�urooses of this section, "motel" ((
sectitm)) means a transient accommodation licensed under
chapter 70.62 RCW.
Sec, 115. RCW 66.24.590 and 2011 c 119 s 403 are each
amended to read as follows:
(1)There ((shell --be)) is a retailer's license to be designated
as a hotel license. No license may be issued to a hotel
offering rooms to its guests on an hourly basis. Food service
provided for room service, banquets or conferences, or
restaurant operation under this license ((shell)) must meet
the requirements of rules adopted by the board.
(2)The hotel license authorizes the licensee to:
(a) Sell spirituous liquor, beer, and wine, by the individual
glass, at retail, for consumption on the premises, including
mixed drinks and cocktails compounded and mixed on the
premises;
(b) Sell, at retail, from locked honor bars, in individual
units, spirits not to exceed fifty milliliters, beer in individual
units not to exceed twelve ounces, and wine in individual
bottles not to exceed three hundred eighty-five milliliters,
to registered guests of the hotel for consumption in guest
rooms.The licensee ((shall)) must require proof of age from
the guest renting a guest room and requesting the use of an
honor bar.The guest ((shell)) must also execute an affidavit
verifying that no one under twenty-one years of age ((shell)}
will have access to the spirits, beer, and wine in the honor bar;
(c) Provide without additional charge, to overnight guests,
spirits, beer, and wine by the individual serving for on -
premises consumption at a specified regular date, time, and
place as may be fixed by the board. Self-service by attendees
is prohibited;
(d) Sell beer, including strong beer, wine, or spirits, in
the manufacturer's sealed container or by the individual
drink to guests through room service, or through service to
occupants of private residential units which are part of the
buildings or complex of buildings that include the hotel;
(e) Sell beer, including strong beer, spirits, or wine, in
the manufacturer's sealed container at retail sales locations
within the hotel premises;
W.
Initiative Measure 1183
Initiative Measure 1183
109
(f) Sell beer to a purchaser in a sanitary container brought
to the premises by the purchaser or furnished by the licensee
and filled at the tap in the restaurant area by the licensee at
the time of sale;
(g) Sell for on or off -premises consumption, including
through room service and service to occupants of private
residential units managed by the hotel, wine carrying a label
exclusive to the hotel license holder;
(h) Place in guest rooms at check -in, a complimentary
bottle of ({ )) liquor in a
manufacturer -sealed container, and make a reference to this
service in promotional material.
(3) If all or any facilities for alcoholic beverage service and
the preparation, cooking, and serving of food are operated
under contract or joint venture agreement, the operator
may hold a license separate from the license held by the
operator of the hotel. Food and beverage inventory used in
separate licensed operations at the hotel may not be shared
and ((sFiaai+)) must be separately owned and stored by the
separate licensees.
(4) All spirits to be sold under this license must be
purchased from a spirits retailer or spirits distributor licensee
of the board.
(5) All on -premise alcoholic beverage service must be
done by an alcohol server as defined in RCW 66.20.300 and
must comply -with RCW 66.20.310.
(6)(a)The hotel license allows the licensee to remove from
the liquor stocks at the licensed premises, liquor for sale and
service at event locations at a specified date and place not
currently licensed by the board. If the event is open to the
public, it must be sponsored by a society or organization
as defined by RCW 66.24.375. If attendance at the event
is limited to members or invited guests of the sponsoring
individual, society, or organization, the requirement that the
sponsor must be a society or organization as defined by RCW
66.24.375 is waived.
(b)The holder of this license ((sha#f)) must, if requested by
the board, notify the board or its designee of the date, time,
place, and location of any event. Upon request, the licensee
((she++)) must provide to the board all necessary or requested
information concerning the society or organization that will
be holding the function at which the endorsed license will be
utilized.
(c) Licensees may cater events on a domestic winery -
Brewery, or distillery premises.
(7)The holder of this license or its manager may furnish
spirits, beer, or wine to the licensee's employees who are
twenty-one years of age or older free of charge as may be
required for use in connection with instruction on spirits,
beer, and wine.The instruction may include the history,
nature, values, and characteristics of spirits, beer, or wine,
the use of wine lists, and the methodsof presenting, serving,
storing, and handling spirits, beer, or wine.The licensee must
use the ((beer or vvirte)) liquor it obtains under its license for
the sampling as part of the instruction.The instruction must
be given on the premises of the licensee.
(8) Minors may be allowed in all areas of the hotel
where ((aleehel)) liquor may be consumed; however, the
consumption must be incidental to the primary use of the
area.These areas include, but are not limited to, tennis
courts, hotel lobbies, and swimming pool areas. If an area
is not a mixed use area, and is primarily used for alcohol
service, the area must be designated and restricted to access
by Q minors)) persons of lawful le to gurchase liquor.
(9)The annual fee for this license is two thousand dollars.
(10) As used in this section, "hotel,' "spirits," "beer," and
"wine" have the meanings defined in RCW 66.24.410 and
66.04.010.
Sec. 116. RCW 66.28.040 and 2011 c 186 s 4, 2011 c 119 s
207, and 2011 c 62 s 4 are each reenacted and amended to
read as follows:
Except as permitted by the board under RCW 66.20.010,
no domestic brewery, microbrewery, distributor, distiller,
domestic winery, importer, rectifier, certificate of approval
holder, or other manufacturer of liquor ((si-a )) may, within
the state of Washington, give to any person any liquor;
but nothing in this section nor in RCW 66.28.305 prevents
a domestic brewery, microbrewery, distributor, domestic
winery, distiller, certificate of approval holder, or importer
from furnishing samples of beer, wine, or spirituous liquor
to authorized licensees for the purpose of negotiating a
sale, in accordance with regulations adopted by the liquor
control board, provided that the samples are subject to
taxes imposed by RCW 66.24.290 and 66.24.210((, and in
the -ea
to the state liquor control )); nothing in this section
Qs-f a+)) prevents a domestic brewery, microbrewery,
domestic winery, distillery, certificate of approval holder, or
distributor from furnishing beer, wine, or spirituous liquor
for instructional purposes under RCW 66.28.150; nothing in
this section ((s* ff)) prevents a domestic winery, certificate of
approval holder, or distributor from furnishing wine without
charge, subject to the taxes imposed by RCW 66,24.210,
to a not -for -profit group organized and operated solely for
the purpose of enology or the study of viticulture which
has been in existence for at least six months and that uses
wine so furnished solely for such educational purposes or
a domestic winery, or an out-of-state certificate of approval
holder, from furnishing wine without charge or a domestic
brewery, or an out-of-state certificate of approval holder,
from furnishing beer without charge, subject to the taxes
imposed by RCW 66.24.210 or 66.24.290, or a domestic
distiller licensed under RCW 66.24.140 or an accredited
representative of a distiller, manufacturer, importer, or
distributor of spirituous liquor licensed under RCW 66,24.310,
from furnishing spirits without charge, to a nonprofit
charitable corporation or association exempt from taxation
under ((seed")) 26 _US. Sec. 501(c)(3) or (6) of the internal
revenue code of 1986 (((26 U.S.C. See. 50„_,i8, or «)) for
use consistent with the purpose or purposes entitling it to
such exemption; nothing in this section ((shall)) prevents
a domestic brewery or microbrewery from serving beer
without charge, on the brewery premises; nothing in this
section ((shal()) prevents donations of wine for the purposes
of RCW 66.12.180; nothing in this section ((shall)) prevents a
domestic winery from serving wine without charge, on the
winery premises; nothing in this section ((shaFi)) prevents
a craft distillery from serving spirits without charge, on the
distillery premises subject to RCW 66.24.145; nothing in this
section prohibits spirits sampling under chapter 186, Laws of
2011; and nothing in this section ((steal+)) prevents a winery
or microbrewery from serving samples at a farmers market
under section 1, chapter 62, Laws of 2011.
Sec. 117. RCW 66.28.060 and 2008 c 94 s 7 are each
amended to read as follows:
Every distillery licensed under this title ((shai+)) must make
monthly reports to the board pursuant to the regulations.
tfte-bea�srreytded ifir
Sec. 118. RCW 66.28.070 and 2006 c 302 s 8 are each
amended to read as follows:
(1) Except as provided in subsection (2) of this section,
it ((shall -be)) is unlawful for any retails irits beer, or wine
licensee to purchase spirits. beer, or wine, except from a
duly licensed distributor, domestic winery, domestic brewer,
or certificate of approval holder with a direct shipment
endorsement
(2)La-I A spirits, bee, or wine retailer ((4eerrsee)) may
purchase spiritsbeer, or wine_
(i) From a government agency ((wit6_+)) that has lawfully
seized ((ueef; or wine4mm)) liquor p�sed_b a licensed
((beer)) di tribe or or ((vviite)) retailer(( -,-or)),
ii From a board -authorized ((feta4er)) manufacturer or
certifi at holder authorized by this title to act as a distribut r
of liquor(( -,or));
Oil) From a licensed retailer which has discontinued
business if the distributor has refused to acceptspirits, beer,
or wine from that retailer for return and refund((a
iv) From a retailer whose license or license endorsement
permits resale tp a retailer of wine and/or spirits for
consumption on the remises if the Durchasin retailer is
.authorized to sell such wine and/or spirits
b o d purchased under this subsection ((s ar 14))
2 must meet the quality standards set by ((As)) the
manufacturer of the goods.
(3) Special occasion licensees holding a special occasion
r license may only purchase spirits, bee, or wine from a
s irits bee, or wine retailer duly licensed to sell mirit_s bee,
or wine for off -premises consumption, ((the-baa -,)) or from
a duly licensed sprits, beer, or wine distributor.
Sec. 119. RCW 66.28.170 and 2004 c 160 s 17 are each
amended to read as follows: -
It is unlawful for a manufacturer of spirits, wine, or
malt beverages holding a certificate of.approval ((issued
under FIG-1 nn — n-irt __ nr_ nr nlLc)) or the manufacturer's
authorized representative„a distillery, brewery, or a domestic
winery to discriminate in price in selling to any purchaser for
resale in the state of Washington. Price differentials for sales
f irits or wine based on competitive conditions costs
of servicing a purchaser's account, efficiencies in handling
goods or other bona fide business factors to the ext� e
differentials are not unlawful under trade regulation laws
.applicable to goods of all kinds do not violate this section.
NEW SECTION. Sec. 120. A new section is added to
chapter 66.28 RCW to read as follows:
(1) No price for spirits sold in the state by a distributor or
other licensee acting as a distributor pursuant to this title
May be below acquisition cost unless the item sold below
acquisition cost has been stocked by the seller for a period
of at least six months.The seller may not restock the item for
a period of one year following the first effective date of such
below cost price.
(2) 'Spirits sold to retailers for resale for consumption on
or off the licensed premises may be delivered to the retailer's
licensed premises, to a location specified by the retailer and
approved for deliveries by the board, or to a carrier engaged
by either party to the transaction.
(3) In selling spirits to another retailer, to the extent
consistent with the purposes of this act, a spirits retail
licensee must comply with all provisions of and regulations
under this title applicable to wholesale distributors selling
spirits to retailers.
(4) A distiller holding a license or certificate of compliance
as a distiller under this title may act as distributor in the
state of spirits of its own production or of foreign -produced
spirits it is entitled to import.The distiller must, to the extent
consistent with the purposes of this act, comply with all
provisions of and regulations under this title applicable to
wholesale distributors selling spirits to retailers.
(5) With respect to any alleged violation of this title by sale
of spirits at a discounted price, all defenses under applicable
trade regulation laws are available, including without
limitation good faith meeting of a competitor's lawful price
and absence of harm to competition.
(6) Notwithstanding any other provision of law, no
licensee may import, purchase, distribute, or accept delivery
of any wine that is produced outside of the United States or
any distilled spirits -,without the written consent of the brand
owner or its authorized agent.
Sec. 121. RCW 66.28.180 and 2009 c 506 s 10 are each
amended to read as follows:
(1) Beer and/or wine. distributors.
(a) Every beer ((vrwirre)] distributor ((s a4� )j must
maintain at its liquor -licensed location a price list showing
the wholesale prices at which any and all brands of beer
( and-wP ne)) sold by (("eh vfvoine)) the distributor
((ahe1' be)) are sold to retailers within the state.
(b) Each price list ((shall)) must set forth:
W All brands, types, packages, and containers of beer
((or wine)) offered for sale by ((streh-beer=a of wine)) the
distributor; and
OOThe wholesale prices thereof to retail licensees,
including allowances, if any, for returned empty containers.
(c) No beer distributor may sell or offer to
sell any package or container of beer ((OF wine)) to any retail
licensee at a price differing from the price for such package
or container as shown in the price list, according to rules
adopted by the board.
(d) Quantity discounts of sales prices of beer are
prohibited. No distributor's sale price of beer may be below
the distributor's acquisition cost.
(e) Distributor prices below ac ui ition cost on a
"close-out" item ((shall be)) are allowed if the item to be
discontinued has been listed for a period of at least six
months, and upon the further condition that the distributor
who offers such a close-out price ((shs}I)) may not restock the
Initiative Measure 1183
item for a period of one year following the first effective date
of such close-out price.
(f) Any beer ((arid ;e)) distributor ((or e+° p4oyee-
ert4syer)) may sell beer ((and}
ertroine)) at the distributor's listed prices to any annual or
special occasion retail licensee upon presentation to the
distributor {[er er4ayee)} at the time of purchase or delivery
of an original or facsimile license or a special permit issued
by the board to such licensee.
(g) Every annual or special occasion retail licensee, upon
purchasing any beer ({as�dfer--Mme)) from a distributor,
must immediately cause such beer ((arwirtel) to be
delivered to the licensed premises, and the licensee {(s4-a ))
May not thereafter permit such beer to be disposed of in any
manner except as authorized by the license.
{h) Beer ((end wine)) sold as provided in this section
{{sha44)) must be delivered by the distributor or an authorized
employee either to the retailer's licensed premises or directly
to the retailer at the distributor's licensed premises. When a
((dornestie vvirierr,)) brewery, microbrewery, or certificate of
approval holder with a direct shipping endorsement is acting
as a distributor of beer of its own production, a licensed
retailer may contract with a common carrier to obtain
the ((pradtic )) beer directly from the (( ,))
brewery, microbrewery, or certificate of approval holder with
a direct shipping endorsement. A distributor's prices to retail
licensees ((shall)) for beer must be the same at both such
places of delivery. Wi ne sold to retai lers must be delivere
to the retailer's licensed premises. to a location specified by_
the retailer andapprovedfor deliveries by the board. or to a
carrier en a d b either a to the transac ion.
(2) Beer ((amd wime)) suppliers' contracts and memoranda.
(a) Every domestic brewery, microbrewery, ((elomest4e
winery;)) certificate of approval holder, and beer and/or wine
importer offering beer ((aftdkw-wirte)) for sale to distributors
within the state and any beer ((arrd/$r-vvirse)) distributor who
sells to other beer ((aneYor w4ne)) distributors ((s-a )) must
maintain at its liquor -licensed location a beer price list and a
copy of every written contract and a memorandum of every
oral agreement which such brewery ((ef-w4very)) may have
with any beer (i[ofAvirre)) distributor for the supply of -beet
which contracts or memoranda ((s4al-4)) must contain-
(i) All advertising, sales and trade allowances, and
incentive programs; and
(ii) All commissions, bonuses or gifts, and any and all
other discounts or allowances.
(b) Whenever changed or modified, such revised contracts
or memoranda ((she")) must also be maintained at its liquor
licensed location.
(c) Each price list ((s-�)) must set forth all brands, types,
packages, and containers of beer ((or wine)) offered for sale
by such {{ ' )) supplier.
(d) Prices of a domestic brewery, microbrewery,
{{ ,)) or certificate of approval holder {{{}))
for beer must be uniform prices to all distributors or retailers
on a statewide basis less bona fide allowances for freight
differentials. Quantity discounts of suppliers' prices for -bee
r
are prohibited. No price {{4})) may be below the supplier's
acquisition((/)) or production cost.
(e) A domestic brewery, microbrewery, ((dofnestie
winery;)) certificate of approval holder, ((bee e))
importer, or ((beef-�e)) distributor acting as a supplier
to another distributor must file (to distributor appointmem))
with the board a list of all distributor licensees_ol The board_
to which it sells or offers to sell beer.
(f) No domestic brewery, microbrewery, ((domestie
winery,)) or certificate of approval holder may sell or offer
to sell any package or container of beer ((or ovine)) to any
distributor at a price differing from the price list for such
package or container as shown in the price list of the
domestic brewery, microbrewery, or
certificate of approval holder and then in effect, according to
rules adopted by the board.
In setIin g wine to another retailer to the extent consist nt
with the 12urposes of this act, a grocery store licensee with
a reseller endorsement must comp[comphy with all provisions
f and regulations under this title a licable to wholesale
distributors selling wine to retailers.
(41 Wth respect to any allecipd violati n of this title by sale
of wine at a discounted rice all defenses under a licable
trade regulation laws are available including, without
limitation, -gmd _faith meeting of a competitor's lawful rice
and absence of har to com etition.
Sec. 122. RCW 66.28,190 and 2003 c 168 s 305 are each
amended to read as follows:
((RC-W66.28$19)) (1) Any other provision of this title
notwithstanding, persons licensed under ((RGW 66 2 ^^
wi ere elsfrmbutars and
as beer distributors)) this title to sell linuor for resale may sell
at wholesale nonliquor food and food ingredients on thirty -
day credit terms to persons licensed as retailers under this
title, but complete and separate accounting records ((sFraf4))
must be maintained on all sales of nonliquor food and food
ingredients to ensure that such persons are in compliance
with ((RGW 66.28.010)) this title.
(2) For the purpose of this section, "nonliquor food and
food ingredients" includes, without limitation, all food and
flood ingredients for human consumption as defined in RCW
82.08.0293 as it ({exists)) existed on July 1, 2004.
NEW SECTION. Sec. 123. A new section is added to
chapter 66.28 RCW to read as follows:
A retailer authorized to sell wine may accept delivery of
wine at its licensed premises or at one or more warehouse
facilities registered with the board, which facilities may also
warehouse and distribute nonliquor items, and from which
it may deliver to its own licensed premises and, pursuant to
sales permitted by this title, to other licensed retailers, to other
registered facilities, or to lawful purchasers outside the state;
such facilities may be registered and utilized by associations,
cooperatives, or comparable groups of retailers including at
least one retailer licensed to sell wine. A restaurant retailer
authorized to sell spirits may accept delivery of spirits at its
licensed premises or at one or more warehouse facilities
registered with the board, which facilities may also warehouse
and distribute nonliquor items, from which it may deliver to
its own licensed premises and, pursuant to sales permitted
by this title, to other licensed retailers, to other registered
facilities, or to lawful purchasers outside the state; such
facilities may be registered and utilized by associations,
cooperatives, or comparable groups of retailers including at
least one restaurant retailer licensed to sell spirits. Nothing
in this section authorizes sales of spirits or wine by a retailer
holding only an on -sale privilege to another retailer.
Initiative Measure 1183
Sec. 124. RCW 66.28,280 and 2009 c 506 s 1 are each Sec. 203. RCW 66.08.026 and 2008 c 67 s 1 are each
amended to read as follows: amended to read as follows:
((
DF: Id!pp., .�__t:....__:..�
��IU L15�70;
...�...;.19 h..a QiU - - •-1a —_ — __ __
))The legislature OfUrther))
recognizes that the historical total prohibition ❑n ownership
of an interest in one tier by a person with an ownership
interest in another tier, as well as the historical restriction on
financial incentives and business relationships between tiers,
is unduly restrictive.The legislature finds the ((mood fieatie
)) provisions of RCW 66.28.285.
throw gh 66,2$.32 a r riat for all varietie of li upr
because theme do not impermissibly interfere withgeals-
st8tOJ) protecting the public interest and advancing public
safety by preventing the use and consumption of alcohol by
minors and other abusive consumption, and promoting the
efficient collection of taxes by the state.
NEW SECTION Sec. 125. A new section is added to
chapter 66.04 RCW to read as follows:
In this title, unless the context otherwise requires:
(1) "Retailer" except as expressly defined by RCW
66.28.285(5) with respect to its use in RCW 6.28280 through
66.28.315, means the holder of a license or permit issued
by the board authorizing sale of liquor to consumers for
consumption on and/or off the premises. With respect to
retailer licenses, "on -sale" refers to the license privilege of
selling for consumption upon the licensed premises.
(2) "Spirits distributor" means a person, other than a
person who holds only a retail license, who buys spirits from
a domestic distiller, manufacturer, supplier, spirits distributor,
or spirits importer, or who acquires foreign -produced spirits
from a source outside of the United States, for the purpose
of reselling the same not in violation of this title, or who
represents such distiller as agent.
(3) "Spirits importer" means a person who buys distilled
spirits from a distiller outside the state of Washington and
imports such spirits into the state for sale or export.
PART II
LIQUOR CONTROL BOARD --DISCONTINUING RETAIL
SALES --TECHNICAL CHANGES
Sec, 201. RCW 43-19.19054 and 1975276 2nd ex.s. c 21 s 7
are each amended to read as follows:
The provisions of RCW 43.19.1905 QS41 })) do not apply
to materials, supplies, and equipment purchased for resale
to other than public agencies by state agencies, including
educational institutions. {('�n�9S5 s4raf�
-1}
Sec. 202. RCW 66.08.020 and 1933 ex.s. c 62 s 5 are each
amended to reed as follows:
The administration of this title((,
Corr, -
shall e)) is vested in the liquor control board, constituted
under this title.
Administrative expenses of the board ((~)) must
be appropriated and paid from the liquor revolving fund.
These administrative expenses ((shaff)) include, but not
be limited to: The salaries and expenses of the board and
its employees, {(tf
staFesan -VVeere,euse3)) legal services, pilot projects,
annual or other audits, and other general costs of conducting
the business of the board.The administrative expenses
({she 4}) do not include ((
sQ)�a Q)) those amounts distributed pursuant to
RCW 66.08.180, 66.08.190, 66.08,200, or 66-08.210 ({and
652g)), Agency commissions for contract liquor stores
{{})) must be established by the liquor control board after
consultation with and approval by the director of the office
of financial management. All expenditures and payment
of obligations authorized by this section are subject to the
allotment requirements of chapter 43.88 RCW.
Sec. 204. RCW 66.08.030 and 2002 c 119 s 2 are each
amended to read as follows:
Iftle-411tent or
((4
not inconsistent-w4h Me as efe-deenied-
a PI code
a copy of this title.
8shed in-pam-p+
� � r �Prrrry oz-in
Provisioms
eontained it ))
The power of the board to make regulations
set t4 at su :s i )) under chapt r 3405RCW
extends to
((
sffidyty eefrf a n d
•+j�/ a V uq T�rORC-`[7TC7T..ri'�r�
(1) Prescribing the duties of the employees of the hoard,
and regulating their conduct in the discharge of their duties;
i-tFe:
. t6r+ng-whoich tile state liq
whoie
the sale of liquar,
s# i $revidofig of price-k3l-s-
112
Initiative Measure 1183
Initiative Measure 1183.
113
--tg;)) LZPrescribing an official seal and official labels and
stamps and determining the manner in.which they ((sha*))
must be attached to every package of liquor sold or sealed
under this title, including the prescribing of different official
seals or different official labels for different classes of liquor;
' for t s payrnent-b"+w4 oaTd-> w4o4eor-
in parte-c&rryingtei Ftt er
---iti)) 3 Prescribing forms to be used for purposes of
this title or the regulations, and the terms and conditions
to be contained in permits and licenses issued under this
title, and the qualifications for receiving a permit or license
issued under this title, including a criminal history record
information check.The board may submit the criminal history
record information check to the Washington state patrol
and to the identification division of the federal bureau of
investigation in order that these agencies may search their
records for prior arrests and convictions of the individual
or individuals who filled out the forms.The board ((shall))
must require fingerprinting of any applicant whose criminal
history record information check is submitted to the federal
bureau of investigation;
((lj})) 4 Prescribing the fees payable in respect of permits
and licenses issued under this title for which no fees are
prescribed in this title, and prescribing the fees for anything
done or permitted to be done under the regulations;
((+0)) 5 Prescribing the kinds and quantities of liquor
which may be kept on hand by the holder of a special permit
for the purposes named in the permit, regulating the manner
in which the same ((shah be is kept and disposed of, and
providing for the inspection of the same at any time at the
instance of the board;
((fo)) 6 Regulating the sale of liquor kept by the holders
of licenses which entitle the holder to purchase and keep
liquor for sale;
(7)PPrescribing the records of purchases or sales of
liquor kept by the holders of licenses, and the reports to be
made thereon to the board, and providing for inspection of
the records so kept;
(({f-))) 8 Prescribing the kinds and quantities of liquor
for which a prescription may be given, and the number of
prescriptions which may be given to the same patient within
a stated period;
(({O) LEPrescribing the manner of giving and serving
notices required by this title or the regulations, where not
otherwise provided for in this title;
(({pi)) 10 Regulating premises in which liquor is kept
for export from the state, or from which liquor is exported,
prescribing the books and records to be kept therein and the
reports to be made thereon to the board, and providing for
the inspection of the premises and the books, records and
the liquor'so kept;
(((q))) 11 Prescribing the conditions and qualifications
requisite for the obtaining of club licenses and the books
and records to be kept and the returns to be made by clubs,
prescribing the manner of licensing clubs in any municipality
or other locality, and providing for the inspection of clubs;
(((t})) 12 Prescribing the conditions, accommodations,
and qualifications requisite for the obtaining of licenses to
sell beer wines, and spirits, and regulating the sale of
beer ((artd)), wines, and spirits thereunder;
((W)) 13 Specifying and regulating the time and periods
when, and the manner, methods and means by which
manufacturers ((shall)) must deliver liquor within the state;
and the time and periods when, and the manner, methods
and means by which liquor may lawfully be conveyed or
carried within the state;
(({t))) 14 Providing for the making of returns by brewers
of their sales of beer shipped within the state, or from the
state, showing the gross amount of such sales and providing
for the inspection of brewers' books and records, and for the.
checking of the accuracy of any such returns;
(({n})) 15 Providing for the making of returns by the
wholesalers of beer whose breweries are located beyond the
boundaries of the state;
((M)) 16 Providing for the making of returns by any
other liquor manufacturers, showing the gross amount of
liquor produced or purchased, the amount sold within'and
exported from the state, and to whom so sold or exported,
and providing for the inspection of the premises of any such
liquor manufacturers, their books and records, and for the
checking of any such return;
((fv4)) 17 Providing for the giving of fidelity bonds by
any or all of the employees of the board((: QRC)VIDED,:F
However, the premiums therefor ((s m4)) must be paid by the
board;
((tx))) 18 Providing for the shipment ((by mail or
�Bffiff)) of liquor to any person holding a permit
and residing in any unit which has, by election pursuant to
this title, prohibited the sale of liquor therein;
([t-yi}) 19 Prescribing methods of manufacture, conditions
of sanitation, standards of ingredients, quality and identity of
alcoholic beverages manufactured, sold, bottled, or.handled
by licensees and the board; and conducting from time to
time, in the interest of the public health and general welfare,
scientific studies and research relating to alcoholic beverages
and the use and effect thereof;
((})) 20 Seizing, confiscating and destroying all
alcoholic beverages manufactured, sold or offered for sale
within this state which do not conform in all respects to the'
standards prescribed by this title or the regulations of the
board((, PROVIDED,)). However, nothing herein contained
((shall)) may be construed as authorizing the liquor board
to prescribe, alter, limit or in any way change the present
law as to the quantity or percentage of alcohol used in the
manufacturing of wine or other alcoholic beverages.
Sec. 205. RCW 66.24.145 and 2010 c 290 s 2 are each
amended to read as follows:
(1) Any craft distillery may sell spirits of its own
production for consumption off the premises, up to two liters
per person per day. ((SpitRe-selel ufl
)) A craft distillery selling spirits
under this subsection must comply with the applicable laws
and rules relating to retailers.
(2) Any craft distillery may contract distill spirits for, ,
and sell contract distilled spirits to, holders of distillers' or
manufacturers' licenses, including licenses issued under
RCW 66.24.520, or for export.
(3) Any craft distillery licensed under this section may
provide, free of charge, one-half ounce or less samples of
spirits of its own production to persons on tie premises of
the distillery.The maximum total per person per day is two
ounces. Every person who participates in any manner in
the service of samples must obtain a class 12 alcohol server
permit.
ill annr `))
(4)The board ({s +ta}})) must adopt rules to implement the
alcohol server permit requirement and may adopt additional
rules to implement this section.
(5) Distilling is an agricultural practice.
NEW SECTION. Sec. 206. A new section is added to
chapter 66.24 RCW to read as follows:
Any distiller licensed under this title may act as a retailer
and/or distributor to retailers selling for consumption on or
off the licensed premises of spirits of its own production,
and any manufacturer, importers or bottler of spirits holding
a certificate of approval may act as a distributor of spirits
it is entitled to import into the state under such certificate.
The board must by rule provide for issuance of certificates
Of approval to spirits suppliers. An industry member
operating as a distributor and/or retailer under this section
must comply with the applicable laws and rules relating to
distributors and/or retailers, except that an industry member
operating as a distributor under this section may maintain
a warehouse off the distillery premises for the distribution
of spirits of its own production to spirits retailers within the
state, if the warehouse is within the United States and has
been approved by the board.
Sec. 207. RCW 66.24.160 and 1981 1st ex.s. c 5 s 30 are
each amended to read as follows:
A ((f+ctrter)) spirits importer's license may be issued to any
qualified person, firm or corporation, entitling the holder
thereof to import into the state any liquor other than beer
or wine; to store the same within the state, and to sell and
export the same from the state; fee six hundred dollars per
annum. Such ({i quor)) spirits importer's license ((sltaFl-be))
is subject to all conditions and restrictions. imposed by this
title or by the rules and regulations of the board, and ((steal+
be)) is issued only upon such terms and conditions as may
be imposed by the board.
n sis
Heard:) )
Sec. 208. RCW 66.32.010 and 1955 c 39 s 3 are each
amended to read as follows:
((Exrregt'- erfl4fted-by))The board may, {{ Iteluer
rtl
)) to the extent required to control
unlawful diversion of li uor from authorized channels of
distribution re wire that packaaes of liquor translaorted
within the state be sealed with ((the)) such official seal as
may be adopted by the board, except in the case of:
---f 2})) Liquor manufactured in the state ffor sale to the
heard-e��) ); or
(OYBee+,)) 2 Li uor purchased within the state or for
shipment to a consumer within the state in accordance with
the provisions of law; or
(W) L31Wine or beer exempted in RCW 66.12.010.
Sec. 209. RCW 66.44.120 and 2011 c 96 s 46 are each
amended to read as follows:
(1) No person other than an employee of the board
((shall)) may keep or have in his or her possession any
official seal ((ffre3cfHJed)) adopted by the bb @rd under this
title, unless the same is attached to a package {(vehtd;t+as-
.�cci� Fru rLITCiSGQ"i'f$�{�{f� ))
in accordan a with th,e law: nor {(shall)) may any person
keep or have in his or her possession any design in imitation
of any official seal prescribed under this title, or calculated to
deceive by its resemblance thereto, or any paper upon which
any design in imitation thereof, or calculated to deceive as
aforesaid, is stamped, engraved, lithographed, printed, or
otherwise marked.
(2)(a) Except as provided in (b) of this subsection, every
person who willfully violates this section is guilty of a gross
misdemeanor and (i tall -be)) is liable on conviction thereof
for a first offense to imprisonment in the county jail for
a period of not less than three months nor more than six
months, without the option of the payment of a fine, and for
a second offense, to imprisonment in the county jail for not
less than six months nor more than three hundred sixty-four
days, without the option of the payment of a fine.
(b) A third or subsequent offense is a class C felony,
punishable by imprisonment in a state correctional facility
for not less than one year nor more than two years.
Sec. 210. RCW 66.44.150 and 1955 c 289 s 5 are each
amended to read as follows:
If any person in this state buys alcoholic beverages from
any person other than stere.T
saute)) a person authorized by the board to sell ((thern,
he--9-404ye)) alcoholic beverages, he or she is guilty of a
misdemeanor.
Sec. 211. RCW 66.44.340 and 1999 c 281 s 11 are each
amended to read as follows:
M Employers holding grocery store or beer and/or wine
specialty shop licenses exclusively are permitted to allow
their employees, between the ages of eighteen and twenty-
one years, to sell, stock, and handle ({beer -of -wine)) liquo
in, on or about any establishment holding a Qgroeeft-itore
Or
ek tp--s{tep)) license {{e }y.-
P13eWDEf ,44iat)) to sell such liquor, if:
LalThere is an adult twenty-one years of age or older on duty
supervising the sale of liquor at the licensed premises((
PRBWBED;TItat)): anti
b In the case of spirits, there are at least two adults
twenty-one years of age or older og duty upervising the sale
of spirits at the licensed premises.
2 Employees under twenty-one years of age may make
deliveries of beer and/or wine purchased from licensees
holding grocery store or beer and/or wine specialty shop
licenses exclusively, when delivery is made to cars of
customers adjacent to such licensed premises but only,
however, when the underage employee is accompanied by
the purchaser.
Sec. 212. RCW 19.126.010 and 2003 c 59 s 1 are each
amended to read as follows:
(1)The legislature recognizes that both suppliers and
wholesale distributors of malt beverages nd spirit are
Initiative Measure 1183
If
initiative Measure 1183
115
interested in the goal of best serving the public interest
through the fair, efficient, and competitive distribution of
such beverages. The legislature encourages them to achieve
this goal by:
(a) Assuring the wholesale distributor's freedom to
manage the business enterprise, including the wholesale
distributor's right to independently establish its selling
prices; and
(b) Assuring the supplier and the public of service from
wholesale distributors who will devote their best competitive
efforts and resources to sales and distribution of the
supplier's products which the wholesale distributor has been
granted the right to sell and distribute.
(2)This chapter governs the relationship between
suppliers of malt beverages and spirits and their wholesale
distributors to the full extent consistent with the Constitution
and laws of this state and of the United States.
Sec. 213. RCW 19.126.020 and 2009 c 155 s 1 are each
reenacted and amended to read as follows:
The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Agreement of distributorship" means any contract,
agreement, commercial relationship, license, association,
or any other arrangement, for a definite or indefinite period,
between a supplier and distributor.
(2) "Authorized representative" has the same meaning as
"authorized representative" as defined in RCW 66.04.010.
(3) "Brand" means any word, name, group of letters,
symbol, or combination thereof, including the name of the
distiller or brewer if the distiller's or brewer's name is also a
significant part of the product name, adopted and used by
a supplier to identify ((a)) specific spirits or a specific malt
beverage product and to distinguish that product from other
spirits or malt beverages produced by that supplier or other
suppliers.
(4) "Distributor" means any person, including but not
limited to a component of a supplier's distribution system
constituted as an independent business, importing or
causing to be imported into this state, or purchasing or
causing to be purchased within this state, any spirits ar malt
beverages for sale or resale to retailers licensed under the
laws of this state, regardless of whether the business of such
person is conducted under the terms of any agreement with
tille a disr or malt beverage manufacturer.
(5) "Importer" means any distributor importing spirits or
beer into this state for sale to retailer accounts or for sale to
other distributors designated as "subjobbers" for resale.
(6) "Malt beverage manufacturer" means every brewer,
fermenter, processor, bottler, or packager of malt beverages
located within or outside this state, or any other person,
whether located within or outside this state, who enters
into an agreement of distributorship for the resale of malt
beverages in this state with any wholesale distributor doing
business in the state of Washington.
(7) "Person" means any natural person, corporation,
partnership, trust, agency, or other entity, as well as any
individual officers, directors, or other persons in active
control of the activities of such entity.
(8) "Spirits manufacturer" me ns every distiller,
processor bottler, or packager of spirits located within or
outside this state or any other person whether located
within or outside this state who enters into an agreement
of distributorshi for the resale of s ir'ts in this state with
any wholesale distributor doin business in the state of
Washington.
(9) "Successor distributor" means any distributor who
enters into an agreement, whether oral or written, to
distribute a brand of spirits or malt beverages after the
supplier with whom such agreement is made or the person
from whom that supplier acquired the right to manufacture
or distribute the brand has terminated, canceled, or failed
#o renew an agreement of distributorship, whether oral or
written, with another distributor to distribute that same
brand of spirits or malt beverages.
((t9j)) 10 "Supplier" means any spirits or malt beverage
manufacturer or importer who enters into or is a party to any
agreement of distributorship with a wholesale distributor.
"Supplier" does not include: (a) Any distiller
licensed under RCW 66.24,140 or 66.24.145 and roducing
less than sixty thousand ro f allons of spirits annually or
any brewery or microbrewery licensed under RCW 66.24.240
and producing less than two hundred thousand barrels
of malt liquor annually; (b) any brewer or manufacturer
of malt liquor producing less than two hundred thousand
barrels of malt liquor annually and holding a certificate of
approval issued under RCW 66.24.270; or (c) any authorized
representative of distillers or malt liquor manufacturers wh❑
holds an appointment from one or more distillers or malt
liquor manufacturers which, in the aggregate, produce less
than two hundred thousand barrels of malt liquor or sixty
thousand proof gallons of spirits. .
((04D))j 1111 "Terminated distribution rights" means
distribution rights with respect to a brand of malt beverages
which are lost by a terminated distributor as a result of
termination, cancellation, or nonrenewal of an agreement of
distributorship for that brand. .
((")) L121 "Terminated distributor" means a distributor
whose agreement of distributorship with respect to a brand
of spi�r malt beverages, whether oral or written, has
been terminated, canceled, or not renewed.
Sec. 214. RCW 19.126.040 and 2009 c 155 s 3 are each
amended to read as follows:.
Wholesale distributors are entitled to the following
protections which are deemed to be incorporated into every
agreement of distributorship:
(1) Agreements between wholesale distributors and
suppliers ((sf} )) must be in writing;
(2) A supplier ((s#sIF)) must give the wholesale distributor
at least sixty days prior written notice of the supplier's intent
to cancel or otherwise terminate the agreement, unless
such termination is based on a reason set forth in RCW
19.126.030(5) or results from a supplier acquiring the right
to manufacture or distribute a particular brand and electing
to have that brand handled by a different distributor. The
notice ((sfia4l)) must state all the reasons for the intended
termination or cancellation. Upon receipt of notice, the
wholesale distributor has sixty days in which
to rectify any claimed deficiency. If the deficiency is rectified
within this sixty-day period, the proposed termination or
cancellation is null and void and without legal effect;
(3)The wholesale distributor may set or transfer its
business, or any portion thereof, including the agreement,
to successors in interest upon prior approval of the transfer
by the supplier. No supplier may unreasonably withhold or
delay its approval of any transfer, including wholesaler's
rights and obligations under the terms of the agreement, if
the person or persons to be substituted meet reasonable
standards imposed by the supplier;
(4) If an agreement of distributorship is terminated,
canceled, or not renewed for any reason other than for
cause, failure to live up to the terms and conditions of the
agreement, or a reason set forth in RCW 19.126.030(5), the
wholesale distributor is entitled to compensation from the
successor distributor for the laid -in cost of inventory and for
the fair market value of the terminated distribution rights.
For purposes of this section, termination, cancellation, or
nonrenewal of a distributor's right to distribute a particular
brand constitutes termination, cancellation, or nonrenewal
of an agreement of distributorship whether or not the
distributor retains the right to continue distribution of other
brands for the supplier. In the case of terminated distribution
rights resulting from a supplier acquiring the right to
manufacture or distribute a particular brand and electing
to have that brand handled by a different distributor, the
affected distribution rights will not transfer until such time
as the compensation to be paid to the terminated distributor
has been finally determined by agreement or arbitration;
(5) When a terminated distributor is entitled to
compensation under subsection (4) of this section, a
successor distributor must compensate the terminated
distributor for the fair market value of the terminated
distributor's rights to distribute the brand, less any amount
paid to the terminated distributor by a supplier or other
person with respect to the terminated distribution rights for
the brand. If the terminated distributor's distribution rights to
a brand of spirits or malt beverages are divided among two
or more successor distributors, each successor distributor
must compensate the terminated distributor for the fair
market value of the distribution rights assumed by that
successor distributor, less any amount paid to the terminated
distributor by a supplier or other person with respect to the
terminated distribution rights assumed by the successor
distributor. A terminated distributor may not receive total
compensation under this subsection that exceeds the fair
market value of the terminated distributor's distribution rights
with respect to the affected brand. Nothing in this section
((sheff)) may be construed to require any supplier or other
third person to make any payment to a terminated distributor;
(6) For purposes of this section, the "fair market value" of
distribution rights as to a.particular brand means the amount
that a wilting buyer would pay and a wilting seller would
accept for such distribution rights when neither is acting
under compulsion and both have knowledge of all facts
material to the transaction. "Fair market value" is determined
as of the date on which the distribution rights are to be
transferred in accordance with subsection (4) of this section;
(7) In the event the terminated distributor and the
successor distributor do not agree on the fair market value
of the affected distribution rights within thirty days after the
terminated distributor is given notice of termination, the
matter must be submitted to binding arbitration. Unless the
parties agree otherwise, such arbitration must be conducted
in accordance with the American arbitration association
commercial arbitration rules with each party to bear its own
costs and attorneys' fees;
(6) Unless the parties otherwise agree, or the arbitrator
for good cause shown orders otherwise, an arbitration
conducted pursuant to subsection (7) of this section must
proceed as follows: (a)The notice of intent to arbitrate
must be served within forty days after the terminated
distributor receives notice of terminated distribution rights;
(b) the arbitration must be conducted within ninety days
after service of the notice of intent to arbitrate; and (c) the
arbitrator or arbitrators must issue an order within thirty
days after completion of the arbitration;
(9) In the event of a material change in the terms of an
agreement of distribution, the revised agreement must be
considered a new agreement for purposes of determining the
law applicable to the agreement after the date of the material
change, whether or not the agreement of distribution is or
purports to be a continuing agreement and without regard to
the process by which the material change is effected.
NEW SECTION. Sec. 215.The following acts or parts of
acts are each repealed:
(1) RCW 66.08.070 (Purchase of liquor by board
-Consignment not prohibited -Warranty or affirmation not
required for wine or malt purchases) and 1985 c 226 s 2, 1973
1 st ex, s. c 209 s 1, & 1933 ex.s. c 62 s 67;
(2) RCW 66.08.075 (Officer, employee not to represent
manufacturer, wholesaler in sale to board) and 1937 c 217 s
5;
(3) RCW 66.08.160 (Acquisition of warehouse authorized)
and 1947 c 134 s 1;
(4) RCW 66.08.165 (Strategies to improve operational'
efficiency and revenue) and 2005 c 231 s 1;
(5) RCW 66.08.166 (Sunday sales authorized --Store
selection and other requirements) and 2005 c 231 s 2;
(6) RCW 66.08.167 (Sunday sales --Store selection) and
2005 c 231 s 4;
(7) RCW 66-08.220 (Liquor revolving fund -Separate
account -Distribution) and 2011 c 325 s 8, 2009 c 271 s 4, 2007
c370s15, 1999c281 s 2, & 1949 c 6 s 11;
(8) RCW 66-08.235 (Liquor control board construction and
maintenance account) and 2011 c 5 s 918, 2005 c 151 s 4,
2002 c 371 s 918, & 1997 c 75 s 1;
(9) RCW 66.16.010 (Board may establish -Price standards
-Prices in special instances) and 2005 c 518 s 935, 2003 1st
sp.s. c 25 s 928, 1939 c 172 s 10, 1937 c 62 s 1, & 1933 ex.s. c
62 s 4;
(10) RCW 66.16.040 (Sales of liquor by employees
-Identification cards -Permit holders -Sales for cash
-Exception) and 2005 c 206 s 1, 2005 c 151 s 5, 2005 c 102 s 1,
2004 c 61 $ 1, 1996 c 291 s 1, 1995 c 16 s 1, 1981 1st ex.s. c 5 s
8, 1979 d 158 s 217, 1973 1 st ex.s. c 209 s 3, 1971 ex.s. c 15 s 1,
1959 c 111 s 1, & 1933 ex.s, c 62 s 7;
(11) RCW 6&16.041 (Credit and debit card purchases
-Rules -Provision, installation, maintenance of equipment
by board -Consideration of offsetting liquor revolving fund
balance reduction) and 2011 1 st sp.s. c ... (ESSB 5921) s 16,
2005 c 151 s 6, 2004 c 63 s 2, 1998 c 265 s 3, 1997 c 148 s 2, &
1996 c 291 s 2;
Initiative Measure 1183
(12) RCW 66.16.050 ('Sale of beer and wine to person
licensed to sell) and 1933 ex.s. c 62 s 8;
(13) RCW 66.16.060 (Sealed packages may be required,
exception) and 1943 c 216 s 1 & 1933 ex.s. c 62 s 9;
(14) RCW 66.16.070 (Liquor cannot be opened or
consumed on store premises) and 2011 c 186 s 3 & 1933 ex.s.
c 62 s 10;
(15) RCW 66.16.100 (Fortified wine sales) and 1997 c 321 s
42 & 1987 c 386 s 5;
(16) RCW 66.16.110 (Birth defects from alcohol -Warning
required) and 1993 c 422 s 2;
(17) RCW 66.16.120 (Employees working on Sabbath) and
2005 c 231 s 5; and
(18) RCW 66.28.045 (Furnishing samples to board
-Standards for accountability -Regulations) and 1975 1st ex.s.
c 173 s 9.
NEW SECTION. Sec. 216. The following acts or parts of
acts are each repealed:
(1) ESSB 5942 ss 1 through 6, as later assigned a session
law number and/or codified;
(2) ESSB 5942 ss 7 through 10, as later assigned a session
law number; and
(3) Any act or part of act relating to the warehousing and
distribution of liquor, including the lease of the states liquor
warehousing and distribution facilities, adopted subsequent
to May 25, 2011 in any 2011 special session.
PART III
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 301. This act does not increase any
tax, create any new tax, or eliminate any tax. Section 106 of
this act applies to spirits licensees upon the effective date
of this section, but all taxes presently imposed by RCW
82,08.150 on sales of spirits by or on behalf of the liquor
control board continue to apply so long as the liquor control
board makes any such sales.
NEW SECTION. Sec. 302. A new section is added to
chapter 66.24 RCW to read as follows:
The distribution of spirits license fees under sections
103 and 105 of this act through the liquor revolving fund
to border areas, counties, cities, towns, and the municipal
research -center must be made in a manner that provides
that each category of recipients receive, in the aggregate, no
less than it received from the liquor revolving fund during
comparable periods prior to the effective date of this section.
An additional distribution of ten million dollars per year from
the spirits license fees must be provided to border areas,
counties, cities, and towns through the liquor revolving fund
for the purpose of enhancing public safety programs.
NEW SECTION. Sec. 303. The department of revenue must
develop rules and procedures to address claims that this act
unconstitutionally impairs any contract with the state and
to provide a means for reasonable compensation of claims
it finds valid, funded first from revenues based on spirits
licensing and sale under this act.
NEW SECTION. Sec. 304, If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of this act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 305.This act takes effect upon
approval by the voters. Section 216, subsections (1) and (2)
of this act take effect if Engrossed Substitute House Bill No.
5942 is enacted by the legislature in 2011 and the bill, or any
portion of it, becomes law. Section 216, subsection (3) of
this act takes effect if any act or part of an act relating to the
warehousing and distribution of liquor, including the lease
of the state's liquor warehousing and distribution facilities,
is adopted subsequent to May 25, 2011 in any 2011 special
session.
--- END ---
ISenate Joint Resolution 8205 1 Senate Joint Resolution 8206
Complete Text Complete Text
Senate Joint Resolution 8205 Senate Joint Resolution 8206
BE IT RESOLVED, 13YTHE SENATE AND HOUSE OF
REPRESENTATIVES OFTHE STATE OFWASHINGTON, IN
LEGISLATIVE SESSION ASSEMBLED:
THAT, At the next general election to be held in this state
the secretary of state shall submit to the qualified voters of
the state for their approval and ratification, or rejection, an
amendment to Article V1 of the Constitution of the state of
Washington by repealing section 1A thereof in its entirety.
BE IT FURTHER RESOLVED,That the secretary of state
shall cause notice of this constitutional amendment to be
Published at least four times during the four weeks next
preceding the election in every legal newspaper in the state.
--- END ---
117
BE IT RESOLVED, BYTHE SENATE AND HOUSE OF
REPRESENTATIVES OFTHE STATE OFWASHINGTON, IN
LEGISLATIVE: SESSION ASSEMBLED:
THAT, At the next general election to be held in this state
the secretary of state shall submit to the qualified voters of
the state for their approval and ratification, or rejection, an
amendment to Article VII, section 12 of the Constitution of the
state of Washington to read as follows:
Article VII, section 12. (a) A budget stabilization account
shall be established and maintained in the state treasury.
(b)ll By June 30th of each fiscal year, an amount equal
to one percent of the general state revenues for that fiscal
year shall be transferred to the budget stabilization account.
Nothing in this subsection (b) shall prevent the appropriation
of additional amounts to the budget stabilization account.
2 By June 30th of the second year of each fiscal
biennium, three-quarters of any extraordinary revenue
growth shall be transferred to the budget stabilization
account. However, no transferextraordinary revenue
growth un er his sub ection b 2 shall ccur in fiscal
biennium following a fiscal biennium in which annu I
average state em i ment rowth averaged less than ne
e rce nt per fiscal yea r. "Ex raordinary revenuegrowth"
means the amount by which the growth in general star
roven ues for that fiscal biennium exceeds by ane-third
the average biennial pg1rcentage rowth in general state
r v hues over the prior five fiscal bi n ia. In makinq this
etermin tion the comag—rabilityof data hall be maintained
by adjusling histgriCal general state revenues to reflect
tatutor han es to the dedication of state revenues. The
transfer under this subsection shall be made only to the
gxtent that it exceeds the total transfer under 1 of this
subsection for that fiscal biennium.
(c) Each fiscal quarter, the state economic and revenue
forecast council appointed and authorized as provided by
statute, or successor entity, shall estimate state employment
growth for the current and next two fiscal years.
(d) Moneys may be withdrawn and appropriated from the
budget stabilization account as follows:
(i) If the governor declares a state of emergency resulting
from a catastrophic event that necessitates government
action to protect life or public safety, then for that fiscal
year moneys may be withdrawn and appropriated from
the budget stabilization account, via separate legislation
setting forth the nature of the emergency and containing an
appropriation limited to the above -authorized purposes as
contained in the declaration, by a favorable vote of a majority
of the members elected to each house of the legislature.
(ii) If the employment growth forecast for any fiscal year
is estimated to be less than one percent, then for that fiscal
year moneys may be withdrawn and appropriated from
the budget stabilization account by the favorable vote of
a majority of the members elected to each house of the
legislature.
(iii) Any amount may be withdrawn and appropriated
from the budget stabilization account at any time by the
118
Senate Joint Resolution 8206
N
119
favorable vote of at least three -fifths of the members of each
house of the legislature.
(e) Amounts in the budget stabilization account may be
invested as provided by law and retained in that account.
When the balance in the budget stabilization account,
including investment earnings, equals more than ten percent
of the estimated general state revenues in that fiscal year,
the legislature by the favorable vote of a majority of the
members elected to each house of the legislature may
withdraw and appropriate the balance to the extent that the
balance exceeds ten percent of the estimated general state
revenues. Appropriations under this subsection (e) may be
made solely for deposit to the education construction fund.
(f) As used in this section, "general state revenues"
has the meaning set forth in Article Vill, section 1 of the
Constitution. Forecasts and estimates shall be made by the
state economic and revenue forecast council appointed and
authorized as provided by statute, or successor entity.
(g)The legislature shall enact appropriate laws to carry
out the purposes of this section.
(h)This section takes effect July 1, 2008.
BE IT FURTHER RESOLVED,That the secretary of state
shall cause notice of this constitutional amendment to be
published at least Four times during the four weeks next
preceding the election in every legal newspaper in the state.
--- END ---
Your voting rights
and responsibilities.
You have the right to:
• A replacement ballot;
• Accessible voting materials; and
• Assistance when casting a ballot.
You are responsible for:
• Registering by the deadline;
• Updating your mailing address; and
■ Returning your ballot by 8 pm on Election Day.
Have questions?
i
Your county elections department
has answers.
Contact your county elections
department to:
• Verify or update your voter registration;
• Get a replacement ballot; or
■ Find your nearest ballot drop box.
Visit a county voting center for:
a Voter registration materials;
• Ballots;
■ Provisional ballots;
• Accessible voting;
• Sample ballots;
• Instructions;
• A ballot drop box; or
• Additional voters' pamphlets.
Military voters!
You can register anytime before Election Day,
regardless of the deadline.
You can request a ballot be delivered via email.
Contact your county elections department.
County Elections Contact Information
Adams County
Franklin County
Lewis County
210 W Broadway Ave, Ste 200
PO Box 1451
PO Box 29
RitzviIIe, WA 99169-1897
Pasco, WA 99301
Chehalis, WA 98532-0029
Phone: (509) 659-3249
Phone: (509) 545-3538
Phone: (360) 740-1278
TDDITTY: (509) 659-1122
TDD/TTY: (800) 833-6388
TDD/TTY: (360) 740-1480
Asotin County
Garfield County
Lincoln County
PO Box 129
PO Box 278
PO Box 28
Asotin, WA 99402-0129
Pomeroy, WA 99347
Davenport, WA 99122
Phone: (509) 243-2084
Phone: (509) 843-1411
Phone: (509) 725-4971
TDD/TTY: (800) 855-1155
TDD/TTY: (800) 833-6388
TDD/TTY: (800) 833-6388
Benton County
Grant County
Mason County
PO Box 470
PO Box 37
PO Box 400
Prosser, WA 99350-0470
Ephrata, WA 98823
Shelton, WA 98584
Phone: (509) 736-3085
Phone: (509) 754-2011 ext 343
Phone: (360) 427-9670 ext 470
TDD/TFY: (800) 833-6388
TDD/TTY: (800) 833-6388
TDD/TTY: (800) 833-6388
Chelan County
Grays Harbor County
Okanogan County
PO Box 4760
100 W Broadway, Ste 2
PO Box 1010
Wenatchee, WA 98807-4760
Montesano, WA 98563
Okanogan, WA 98840
Phone: (509) 667-6808
Phone: (360) 249-4232
Phone: (509) 422-7240
TDD/TTY: (800) 833-6388
TDD/TTY: (360) 249-6575
TDD/TTY: (800) 833-6388
Clallam County
Island County
Pacific County
223 E 4th St, Ste 1
PO Box 1410
PO Box 97
Port Angeles, WA 98362
Coupeville, WA 98239
South Bend, WA 98586-0097
Phone: (360) 417-2221
Phone: (360) 679-7366
Phone: (360) 875-9317
Toll -free: (866) 433-8683
TDD/TTY: (360) 679-7305
TDD/TTY: (360) 875-9400
(Soo) 833 s388
TDDfCo
Clark —
Clark County
Jefferson County
Orei
Pend lle County
PO Box 563
PO Box 5015
PO Box 8815
PortTownsend, WA 98368
Newport, WA 99156
Vancouver, WA 98666-8815
Phone: (360) 385-9119
Phone: (509) 447-6472
Phone: (360) 397-2345
TDDFTY: (800) 833-6388
TDD/TTY: (509) 447-3186
TDDIITY: (800) 833-6384
King County
Pier C
Snohomish County
3000, Rockefeller Ave, MS 505
Everett, WA 98201
Phone: (425) 388-3444
TDD/TTY: (425) 388-3700
Spokane County
1033 W Gardner Ave
Spokane, WA 99260
Phone: (509) 477-2320
TDDrn-Y: (509) 477-2333
Stevens County
215 S Oak St, Rm 106
Colville, WA 99114
Phone: (509) 684-7514
Toll -free: (866) 307-9060
TDD/TTY: (800) 833-6384
Thurston County
2000 Lakeridge Dr SW
Olympia, WA 98502-6090
Phone: (360) 786-5408
TDD/TTY: (360) 754-2933
Wahkiakum County
PO Box 543
Cathlamet, WA 98612
Phone: (360) 795-3219
TDD/TTY: (800) 833-6388
Walla Walla County
PO Box 2176
Walla Walla, WA 99362
Phone: (509) 524-2530
TDDn7Y: (800) 833-6388
Columbia County
ce aunty
919 SW Grady Way
2501 S 35th St, Ste C
Whatcom County
341 E Main St, Ste 3
Dayton, WA 99328-1361
Renton, WA 98057-2906
Tacoma, WA 98409
311 Grand Ave, Ste 103
Phone: (509) 382-4541
Phone: (206) 296-8683
TDD/TTY: 711
Phone: (253) 798-8683
Bellingham, WA 98225
TDD/TTY: (800) 833-6388
—
TDD/TTY: 711
Phone: (360) 676-6742
1`
Kitsap County
San Juan County
TDD/TTY: (360) 738-4555
Cowlitz County
- ---- - --
614 Division St
PO Box 638
Whitman County
207 4th Ave N, Rm 107
Port Orchard, WA 98366
Friday Harbor, WA 98250
PO Box 191
Kelso, WA 98626-4124
Phone: (360) 337-7128
Phone: (360) 378-3357
Colfax, WA 99111
Phone: (360) 577-3005
TDD/TTY: (360) 577-3061
--
Kittitas County
TDD/TTY: (360) 378-4151
Phone: (509) 397-5284
-
Douglas County
205 W 5th Ave, Ste 105
Skagit County
TDD/TTY: (800) 833-6388
Ellensburg, WA 98926
PO Box 1306
Yakima County
PO Box 456
Waterville, WA 98858
Phone: (509) 962-7503
TDD/TTY: (800) 833-6388
Mount Vernon, WA 98273
128 N 2nd St, Rm 117
Phone: (509) 745-8527 ext 6407
— -
Phone: (360) 336-9305
Yakima, WA 98901
TDD/TTY: (509) 745-8527 ext 207
Kllckitat County
/T TDDTY: (800) 833-6388
Phone: (509) 574-1340
--
205 S
—
Skama C
TDD/TTY: (800) 833-6388
Columbus Ave, Stop 2 nla oUnty
Ferry County Goldendale, WA 98620
Elections Dept, PO Box 790
350 E Delaware Ave, #2 Phone: (509) 773-4001 Stevenson, WA 98648
Republic, WA 99166 TDD/TTY: (800) 833-6388 Phone: (509) 427-3730
Phone: (509) 775-5225 ext 1139 TDD/TTY (800) 833-6388
TDD/TTY: (800) 833-6388
I Links to websites for all county elections departments can be found at www.vote.wa.gov.