HomeMy WebLinkAboutCity Council Meeting - City Council Meeting - 05/07/2024 (2) KENT CITY COUNCIL AGENDA
• Tuesday, May 7, 2024
KENT 7:00 PM
VV A 5 H I N G T O N
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, dial
253-215-8782 or 253-205-0468
Enter Meeting ID: 82979108067
Join the meeting
Mayor Dana Ralph
Council President Satwinder Kaur
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember John Boyd Councilmember Zandria Michaud
Councilmember Brenda Fincher Councilmember Toni Troutner
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
ii. Introduction of King County Library System Executive Director
iii. Proclamation for the Kent Guild of Seattle Children's Hospital 95th
Anniversary
iv. Proclamation for Bike Everywhere Month
V. Proclamation for Jewish American Heritage Month
vi. Proclamation for National Correctional Officers Week
vii. Proclamation for National Police Week
City Council Meeting City Council Regular Meeting May 7, 2024
B. Community Events
C. Economic and Community Development Report
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the city of Kent or to agenda items Council will consider. This is not an open
public forum and comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington strictly prohibits people from using this public
comment opportunity for political campaign purposes, including to support or oppose a ballot
measure or any candidate for public office. Speakers may not give political campaign speeches
but must instead speak concerning a matter on the City Council's agenda or matters
concerning the general business of the City of Kent. Further, in providing public comment,
speakers must address the Mayor and Council as a whole; remarks intended to target an
individual on the dais are not permitted. Finally, please note that this public comment
opportunity is for you to provide information to the Mayor and City Council that you would like
us to consider, but we will not be able to answer questions during the meeting itself.
The City Clerk will announce each speaker. When called to speak, please step up to the
podium, state your name and city of residence for the record, and then state your comments.
You will have up to three minutes to provide comment.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerk(@kentwa. 7ov or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerk0kentwa.go v.
Alternatively, you may email the Mayor and Council at Mayor0KentWA.gov and
CityCounci1(@KentWA.gov. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
i. Council Workshop - Workshop Regular Meeting - Apr 16, 2024 5:15 PM
ii. City Council Meeting - City Council Regular Meeting - Apr 16, 2024
7:00 PM
B. Payment of Bills - Approve
C. Ordinance Amending KCC 9.36 Relating to Traffic Camera Violation Fines
- Adopt
City Council Meeting City Council Regular Meeting May 7, 2024
D. 2024 Traffic Signal Shop Lease - Authorize
E. Reith Road Roundabouts - Additional Transportation Improvement Board
Grant Funding - Authorize
F. Lindental Generator Replacement Project - Accept as Complete
G. Ordinance Amending Chapter 9.02 of the Kent City Code - Adopt
9. OTHER BUSINESS
10. BIDS
A. Kiwanis Tot Lot 4 Bid - Award
B. Mill Creek Reestablishment - East Smith Street to Central Avenue
North - Award
C. Safe Routes to School - School Zone Flashers - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.3
PROCLAMATION
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WHEREAS, Since 1929 the Kent Guild of Seattle Children's Hospital has
upheld their mission to raise awareness and funds for the 0
Uncompensated Care Program which ensures that children at
Seattle Children's Hospital get the best care possible as well as
support research for cancer and other life-altering diseases in 3
children; and a
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WHEREAS, The Kent Guild of Seattle Children's Hospital has raised over y
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$1,600,000 since its establishment; and ;
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WHEREAS, These funds have gone towards supporting Seattle Children's Q
Hospital who had nearly 400,000 patient visits in 2023 alone; and LO
WHEREAS, Children in the Kent community have directly benefited from the a
hard work and dedication of the guild; and 0
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WHEREAS, These children have gone on to live full and happy lives, being
given the chance to thrive; and
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WHEREAS, The City of Kent is proud to be represented by the incredibly
caring and companionate guild and their efforts.
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT,
DO HEREBY PROCLAIM
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that the City of Kent congratulates The Kent
Guild of Seattle Children"s Hospital on their 9Stn
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and encourage all residents to join me in the celebration of this milestone for 0
an incredible organization within Kent. a
In witness whereof, I have hereunto set my hand this 7th day of May 2024. 0
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4.A.4
PROCLAMATION
WHEREAS, Kent residents find that bicycling is a popular and viable means
of personal transportation; and
WHEREAS, The Kent City Council desires to promote the use of bicycling as
a mode of urban transportation in our city; and
WHEREAS, the role of the bicycle in Kent is an economical mode of personal o
transportation that decreases traffic congestion, reduces
demands on parking facilities and promotes health; and o
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WHEREAS, bike facilities like the Interurban trail, the Green River trail and W
the Soos Creek trail are intensively used for commuting, 2
recreation, and other bike trips; and a
WHEREAS, concerns for personal health, having clean air to breathe and r
preserving the planet make the bicycle an increasingly attractive o
alternative to the use of the automobile; and
WHEREAS, the city desires to have an active role in promoting the safety
and well-being of those who use bicycles for all transportation
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NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim o
May 2024 as c
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Bike Everywhere Month
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In Kent Washington and call upon the people of the city to support this a
observance by riding their bicycles everywhere, while educating and o
encouraging others to utilize this mode of travel. cc
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In witness whereof, I have hereunto set my hand this 7th day of May 2024. E
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4.A.5
PROCLAMATION
WHEREAS, Jewish American Heritage Month originally started in 1980 as a
weeklong observance in the month of April until, in February
2006, Congress urged President George Bush to dedicate the
entire month of May. That following May, President Bush issued
the first Jewish American Heritage Month Proclamation; and o
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WHEREAS, the American Jewish community has grown to over six million,
representing approximately 2% of the American population
today; and
WHEREAS, Jewish Americans have made great contributions to our country a
from service in government and military to creating great works
of art. Members of the community past and present can also be
credited with adding to the education, medical, and corporate
practices across the US; and aD
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WHEREAS, despite all this, Jewish Americans still face acts of antisemitism
in their day-to-day lives. These actions are never acceptable and =
City of Kent stands firmly against acts of hate; and CU
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WHEREAS, we choose to honor this month and celebrate our Jewish American
neighbors; Q
NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim May,
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JEWISH AMERICAN HERITAGE MONTH E
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In Kent Washington and encourage all residents, as well as our elected a
representatives, to recognize and commemorate the important contributions c
that Jewish American people have made to our country, communities, and the
City of Kent.
In witness whereof, I have hereunto set my hand this 7th day of May 2024. E
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4.A.6
PROCLAMATION
WHEREAS, correctional officers are trained law enforcement professionals
dedicated to maintaining safe correctional facilities and ensuring public
safety; and
WHEREAS, correctional facilities across the U.S., both civilian and military, public
and private, adult and juvenile, are run by highly qualified and
experienced individuals with a deep understanding of the challenges 0
within the profession; and
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WHEREAS, correctional officers and employees are responsible for the custody,
care and rehabilitation of thousands of offenders every year, as well
as the maintenance of safe and secure facilities; and
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WHEREAS, correctional officers and employees are resourceful, capable,
committed, patient and persistent professionals in criminal justice and
our nation; and
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WHEREAS, correctional officers and employees serve admirably in many different
capacities, including jail administrators, chaplains, nurses, 0
supervisors, social workers, teachers, managers and directors; and
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WHEREAS, correctional officers and employees teach, train, mentor, counsel and 0
treat thousands of offenders; and ;v
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WHEREAS, correctional officers and employees provide offenders with direction, v
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hope and a new focus while assisting with reentry; and c
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WHEREAS, correctional officers and employees rise to meet any challenge and z
serve this honorable profession nobly and admirably. `o
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NOW, THEREFORE, I, Mayor Dana Ralph, proclaim the week of May 5th °—
through the 11th as E
NATIONAL CORRECTIONAL OFFICERS WEEK 0
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In the City of Kent and invite all Kent residents to join me in honoring our corrections 0
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officers and employees who deserve recognition for their service and should be
commended by leaders in the profession and the public for the tremendous job they
do and exceptional performance of duties under the most difficult of circumstances. E
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In witness whereof, I have hereunto set my hand this 7th day of May 2024. c)
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4.A.7
PROCLAMATION
WHEREAS, Congress and the President of the United States have designated
May 15 as Peace Officers Memorial Day, and the week in which
May 15 falls as National Police Week; and
WHEREAS, the members of the Kent Police Department play an essential role
in safeguarding the rights and freedoms of the citizens of Kent;
and
WHEREAS, it is important that all citizens know and understand the duties, o
responsibilities, hazards, and sacrifices of our police officers, and
that members of our police department recognize their duty to 0
serve people by safeguarding life and property, by protecting them
against violence and disorder, and by protecting the innocent
against deception and the weak against oppression; and .2
WHEREAS, the men and women of the Kent Police Department unceasingly a
provide a vital public service, working to create a safer community
for all while strengthening trust and building genuine
relationships; and
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WHEREAS, National Police Week is our time to remember all officers who have a
given the ultimate sacrifice in service to their communities and c
while Police Week has always been important to us, it has taken
on an even deeper importance in our community after we lost z
Detective Focht in 2017 and Officer Moreno in 2018. o
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NOW, THEREFORE, I, Mayor Dana Ralph, call upon all citizens of Kent and
upon all patriotic, civic and educational organizations to observe the E
week of May 12-18, 2024 as
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NATIONAL POLICE WEEK
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and join me in honoring law enforcement officers, past and present, who, by their
faithful and loyal devotion to our city, have rendered a dedicated service and are E
committed to preserving the rights and security of all residents. o
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And while we spend this time honoring our officers, please also join me in
recognizing and paying respect to the survivors of our fallen heroes.
In witness whereof, I have hereunto set my hand this 7th day of May 2024.
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ADMINISTRATION
Communications =
Administration KentNow Podcast! Fun, educational, and —
engaging discussions. Check out new
• The City and Kent School District continue episodes every other Thursday!
work to together to obtain funding for the Recent episodes feature Rob Brown, E
Mill Creek Middle School project. A request Transportation Engineering Manager who ,°
for a portion of the funding has been covers pedestrian safety, and Maria Tizoc,
submitted to our federal legislative Race and Equity Coordinator sharing all the a
delegation. At the same time, the parties details on the "Space for All" STEM festival.
have jointly retained a consultant to assist Subscribe to KentNow, the podcast that
with the submission of a grant proposal to o
keeps you in the know about Kent. a
fund the project. The parties are meeting o Apple Podcasts apple.co/3J2UMkd
on a regular basis and plan for submittal of Y,
a grant proposal sometime in late summer o Spotify spoti.fi/3GNCeli
of this year. o Amazon Music amzn.to/3jjaOvU
• With the completion of the purchase of the O
lots adjacent to and north of Kherson Park, >
the Parks Department has begun to plan Economic Development
for the temporary improvements to the On Friday April 26th, staff hosted a 2-hour 'T
property that will likely include a grass area Tourism Workshop along with its VisitKent E
and walking paths. Tourism promotion campaign consultant, a
• Many thanks to the Council for helping us JayRay Ads and PR. The workshop was
quickly reschedule the Council attended by City staff from Parks, the
Retreat/Annual Planning Session. The Communications team in the Mayor's office c
retreat will be held on Friday, May 24, at and Mayor Ralph. Representatives from
the Green River Community College at various organizations with an interest in 2
Kent Station in Room 282/283. We will monitoring and increasing leisure and
have refreshments available at 8:00 am, business related visits and travel to Kent E
and will start with presentations promptly were also on hand to contribute to the U
at 8:30 a.m. discussion. Topics included the top
Clerk's Office purposes for visits to Kent, demographic
• During the month of April, the Clerk's information on likely visitors, the
Office processed more than 881 requests, amenities, businesses, events and other
including 169 body worn camera videos activities drawing visitors here, current
that totaled more than 4,690 minutes of strategies in use to reach new markets and
footage that was reviewed/redacted. encourage return visits, and how the city
and private sector organizations can work
together supporting existing efforts, plus
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create new strategies to attract even more goals. This includes attending Housing
visitors. Interjurisdictional Team (HIJT) and
• The first May weekend brought the Space Affordable Housing Committee (AHC)
for all Festival to downtown Kent. A joint meetings. Kaelene also presented to the
presentation of the City, the Kent SKHHP Executive Board our team's
Community Foundation and the Kent contributions for the creation of a South
School District, it kicked off Friday evening King County Affordable Housing
with a screening of the movie "A Million Preservation strategy.
Miles Away", at Kherson Park. The Amazon Research continues for the Behavioral
Prime bio-pic tells the true story of Jose Health Facilities code update, including
Hernandez, a migrant farm worker whose attending Department of Community and
persistence and commitment to education Human Services webinars and meeting
led him to university and ultimately a with behavioral health providers to learn a
career at NASA as Mission Specialist on the about different types of facilities. co
Space Shuttle traveling to the International Current Planning
Space Station. Staff have been working on a full calendar —
U
o Saturday featured a whole day of free of pre-app meetings. One of those ;
activities for kids at ShoWare Center. upcoming is a pre-app with Sound Transit L)
Nearly 30 vendors provided cool swag, for the downtown parking garage project, E
information and activities encouraging which will a new garage at the Washington 0
young people to try new things and Cold Storage site, as well as bus and
engage with Science, Technology, pedestrian upgrades. Staff also recently a
Engineering and Math content. The approved the design plans for the Suton
week prior to the festival over 3000 multifamily project near KDM Station, with
students had registered to attend, and review of the civil and building construction Q.
30 high school age students were set to plans/permits up next.
help manage entry and provide other On the technology side, staff have .2
assistance for the Saturday events. To completed testing on the new Amanda lot 4)
cap things off, retired astronaut and line adjustment (LLA) folder with the o
subject of Friday's film, Jose Hernandez design team - that folder will 'go live' as
was on hand in person to deliver an soon as the coding team finishes the final
inspiring keynote speech to close the adjustments. Planner De'Jai Mitchell has N
Festival and encourage Kent kids to been instrumental in completing the testing :c
reach for the stars. work and is now polishing up the user E
Long Range Planning manual instructions document for internal w
• The team has been busy with the 2044 staff use.
Comprehensive Plan. They hosted the Planner Lindsay Walker has been
second Community Advisory Group temporarily assigned dual-duty with the c
meeting; met with the Diversity, Equity, Long Range Planning team to assist Kristen
Inclusion, and Belonging (DEIB) Board; and Kaelene with Comp Plan efforts. To
and wrapped up external coordination with close the gap in capacity our intern
over 15 different service providers, Matthew Chastain, will be added to the c
agencies, and jurisdictions, including staff full-time on a term limited basis after u
meeting with the Muckleshoot planning graduation in June. Matthew has already
team. been an asset in the 18 months he's been
• The project team is preparing for the on the team part time while studying, and
Comprehensive Plan Round 2 Community we are excited for him to start his post
engagement to start in late May, which will graduate career with the City.
include release of the Draft EIS alternatives Building Services
analysis. The team continue to manage workload
• Staff continue participating in regional across two different intake systems, but
collaboration to achieve shared housing have reached a milestone of sorts with the
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majority of applications submitted through o Police Records Specialist on May 9th
Amanda. For the first quarter of 2024, and 10th
634 applications utilized Amanda, while Upcoming interviews:
455 new applications were entered into o Maintenance Worker 3-Golf on May 8
KIVA. • Job changes:
o Jr Paea-moving from MW2-Street to
M W3-Street
Payroll • Offers being made for:
Firemen's Relief and Pension rates were o Central Financial Analyst (2 positions)
• updated on April 15, 2024. This update Pending reference checks:
resulted in an overall savings to the City of o Account Representative
approximately $7,000 through at least April Labor Management
• Kristina finished the AWC Survey (yay,
2025. Kristina!) co
Accounting
• Please join me in congratulating Min Shim Workday
on his promotion to Central Financial Developing Workday training for new hires.
Analyst on the Accounts Payable Team, • Reconfiguring notifications for new hires. o
effective May 16, 2024. Min is currently • Tracking, configuring, and testing multiple U
tickets with CVS. (Workday consultants) E
working as an Account Representative in G
Customer Service. • Working on new time entry options for
• The General Ledger Team is finalizing Council members. c
financial schedules in preparation for the Benefits
Financial Statement and Single Audits. Working on Annual State Risk Manager �
Single Audit questions have gone out to Report for Self-Insured Medical Plan
impacted departments and general audit Working on Prescription Drug Data
questions will start coming in the next few Collection Reports
weeks. Thank you in advance while we •
Working on system configuration for KPOA
MOU changes
work to complete the Financial Statement • Working on upcoming Health Fair and
audit on time by the end of June 2024. o
Budget Biometrics event - scheduled for 5/8
• The Budget Division has made final edits to Policies review M
• Working with Managers on ADA N
the 2024 Mid-Biennium Budget Book. It Accommodations •c
will be posted online during the week of • Finalized VEBA GASB 75 OPEB Valuation E
May 6. Printed copies will be available as Report w
well. The Budget Kick-off has been • Finalized LEOFFI GASB 75 OPEB Valuation
rescheduled for May 29th. The Budget Report
Division is currently working on baseline • Health Care Board Meeting April 24, 2024
budgets for the internal allocations. 2
Tax & Licensing • Monitoring Premera - MultiCare Facilities
• The Tax Division will be fully staffed on negotiations progress and impact
assessment
May 16 when our new Desk Auditor, Linh E
Hamerly, starts. Her main duties will be •
Working on Workday New Hire videos c
business licensing for the City of Kent. Risk Management U
We're very excited to have her on board. Risk Management will be attending
RISKWORLD 2024 from May 5-8. During
this conference, we will be meeting with
the City's insurance broker, as well as
Recruiting several of the City's insurers and the
• Recent and upcoming written exams: underwriters for those companies.
o Chief Civil Service Examiner/HR Analyst Process Improvement
on Wednesday, May 1st Employee Feedback Groups beginning May
1, and will occur weekly throughout the
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5.6
month of May. Performance Measures operating systems in advance of the end of
refresh of Advance Kent Dashboard in support for Windows Server 2016.
process. Targeting to have all measures Researching Java support and licensing in
updated by month end. preparation for discussions with the TST on
Department Updates implementing an IT policy on Java usage.
• HR is preparing for the integration with Application Development
Pingboard. This product will provide the Completed implementation of SAML for
City on-demand access to a customizable ArcGIS Portal (staff are now able to login
organizational chart, integrated with using their network account) in partnership
Workday. This will likely be useful to many with PW GIS. SAML is now implemented
departments and individuals. for Cityworks, ArcGIS Online (AGOL), and
• HR is researching learning platforms to ArcGIS Portal.
support our future programs around • Working with PD and Axon to setup a
training and development planning. There multiple integrations and the data co
are some great capabilities within Workday migration needed from Tiburon for the
that we may be able to leverage. We are Axon Records (RMS) project.
comparing options along with our current Continuing to work through adding ;
system, NeoGov. requested functionality to the Online Utility 0
• HR and Multimedia are putting the finishing Tax modules (a part of the City of Kent Tax E
touches on the new Career Page set to System) with this Sprint to be released for 0
launch in May. testing by the Finance Tax group on 5/13.
• HR is excited to support the Spring Fling • Infrastructure and Security Operations a
this year, where Kentwood High School Center
students are growing the flower baskets • Completed decommissioning and removal
alongside our Public Works' Vegetation of Nexsan storage devices and associated a
team. servers in City Hall datacenter. This will
• Several departments have been working allow for decommission of the fiber channel N
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with HR to update or create new policies infrastructure, which will provide significant °;
for the City. Any policy updates will be savings in support costs for related Cisco 0
shared with staff once approved by the infrastructure, as well as reduced power >
required parties. consumption.
• Consolidated, configured, and installed N
retired CommVault infrastructure to act as c
Enterprise Architecture a test environment for potential migration E
Working with Finance CS to document and to alternate virtualization platform.
• design a change to add service fee Leveraged existing systems to provide a
robust test bed for possible migration due U
information in the custom-built integration to skyrocketing VMWare licensing costs ii
c
between OrbiPay (online payments related to license model change cc
and several business systems cc
that leverage this integration (AMANDA, (subscription vs. perpetual) after Broadcom r_
purchased VMWare from Dell.
Tax System, and Utility Billing Portal). This
Completed setup of network and E
is needed to provide the fee amount on • G
printed receipts for an online payment. installation of Genetec workstations in U
• Working with CSO on migration of old Corrections control room. Activated and
Crystal Reports to the new reporting tested network ports and supported
installation of workstations. Provided
server. Keyboard/Video/Mouse switching unit for
• Inventorying and Documenting systems managing workstations without the need
running on Windows Server 2016 to be for additional monitors.
used with the system owners to start Service Desk
planning system migrations to newer Successfully moved Building Inspectors
• from Getac's to Surface laptops. This will
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5.6
assist them in being more efficient out in
the field.
• Met with our Verizon Account Manager and Attorneys from both the criminal
moved our PD account over to a more cost- prosecution and civil divisions attended the
effective Public Safety plan. Washington State Association of Municipal
• Started to work on our laptop refresh plan Attorneys (WSAMA) spring conference,
for the next 18 months. held April 24 - 26.
Business Systems Covered one Community Court calendar in
• PD: All test units for the MDC replacement April which included 96 cases spread across
project are in the hands of testers. 61 defendants, 18 of whom failed to
• PD: Remote access to CoK PD for the appear. None of the defendants who
Federal HIDTA (High Intensity Drug appeared were out of compliance to such a
Trafficking Areas) Task Force setup has degree that a sanction was imposed; all
been completed. were demonstrating progress. co
• ECD: Moved FIRE-Process and FIRE- Covered one Expired Bench Warrant
Miscellaneous (8 total) work types to Calendar in April which included 82 cases
Amanda Production, revived Amanda-GIS spread across 74 defendants, only one of
implementation discussions with GIS team, whom appeared. 0
and promoted 3,396 KIVA records to Dev The April jury term saw 97 cases set for E
for Data Conversion Confirmation. trial, 12 of which were confirmed for trial. ,°
• Admin: Two members of the team 217 civilian witnesses were issued
attended a Laserfiche conference to subpoenas for the April jury term. Of the a
network and advance their knowledge of 12 cases confirmed for trial, four
the product. defendants pled guilty, two cases were
Project Management Office dismissed, and five cases were continued a
• Through the endpoint privilege to a future jury term. One case proceeded
management project, we are removing to trial for Assault in the Fourth Degree and N
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excessive user privileges and control for Reckless Endangerment. The jury returned
end users' rights on specifically called out with a verdict of"guilty" on the Assault o
applications and computer functions. For charge and "not guilty" on the Reckless >
the City of Kent, most importantly, it is to Endangerment charge. Z
remove the "Administrative Rights" on their Presented to Kent area businesses at the N
workstations/computers. Kent Police Department Business Summit c
• For the Commvault replacement project, on the topic of legal considerations
we are replacing the existing enterprise involving code enforcement. a
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data backup and recovery solution before Assisted staff and outside counsel in
the current on-premises solution reaches gathering information and records in U
end of life and support. response to discovery demands for cases in c
Administration active litigation.
• Ongoing work on streamlining IT's Participated in a mediation session that •2
contract/procurement process. resolved a pending lawsuit related to an
• Completed and provided IT's 2023 contract allegation of negligent roadway design and c
data expenditures (87 system of records) maintenance, which controlled costs and U
to the City Clerk's office for the JLARC limited the City's liability exposure.
(Joint Legislative Audit & Review Participated in a multi-department meeting
Committee) report. to strategize and collaborate on efforts to
• Ongoing coordination of IT's data for the address code enforcement at properties
upcoming 2025-2026 Biannual Budget with recurring or otherwise significant
season. violations.
• Reviewed records and responded to several
subpoenas duces tecum issued in various
King County Superior Court criminal cases.
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5.6
These requests have accelerated deadlines PARKS, RECREATION, AND
which often require immediate processing COMMUNITY SERVICES
and response by the City.
• Appeared before the City's Hearing Recreation and Cultural Services
Examiner to defend against a Notice of Spring Break Camp was a success this year
Violation issued to a property owner. The with 23 elementary aged campers and six
City submitted a written motion objecting high school and college aged staff. In
to a non-lawyer family member addition to our group gym games and craft
representing the property owner at the projects, we had Soos Creek Pottery Studio
hearing, as it would constitute the unlawful come in as a special guest for two sessions
practice of law and violate the Kent City during the week of camp. Not only did the
Code and state law. The Hearing Examiner campers get to make several pieces of
granted the City's motion and a future pottery, but they also learned about
hearing date will be set. teamwork, patience, and mindfulness. It
• Reviewed and revised ordinances updating was exciting to see that even the self-
Chs. 9.36 and 9.38 of the Kent City Code proclaimed, least creative campers were U
regarding traffic safety camera violations making something they were proud of by 5
and parking prohibitions. the end of camp. A high point of the week ci
• Reviewed new criminal state laws passed was a field trip to see the movie Kung Fu E
during the 2024 legislative session and Panda 4. The week finished with a pajama .°
prepared an ordinance amending Ch. 9.02 themed Friday and end of week party. o
of the Kent City Code to adopt these new The Kent Parks Dolphin swim team blew it
laws. out of the water at the Special Olympics
• Prepared an ordinance to amend Ch. 3.70 Spring Regional Tournament held at the
of the Kent City Code to adopt state law King County Aquatic Center on April 20. a
changes to the small works roster process 21 swimmers have been practicing since W
that take effect on July 1, 2024. Fall 2023 to show-off their skills in )
• Assisted Parks staff with amending a competition. Medal count by end of day for 4
facilities use agreement with First Tee Kent Parks swimmers, 10 gold, 8 silver, 10 p
related to youth golf lessons at the bronze, and 29 4-6th place ribbons earned.
Riverbend Golf Complex. The 10 gold medalists will move onto the M
• Assisted Economic and Community state competition on Saturday, June 8th at
Development and Public Works in finalizing the King County Aquatic Center in Federal
the transfer of Right of Way to the City for Wa Y• E
future development of an important street Artist Vaughn Bell was selected to serve as
connection near Daniel Elementary. a design team member and to create public
• Assisted the Clerk's Office with processing artwork for East Hill North Community
and responding to large public records Park. A jury made up of a City Council o
requests. Member, an Arts Commissioner, a M
• Assisted the HR Department with a number professional artist, a Parks Planning and c
of sensitive employment and labor related Development staff member, a staff E
matters. representative from the park design c
• Advised City departments on several consultants, and a youth community U
procurement and contract matters related member selected Vaughn from a pool of 34
to various ongoing projects. applicants and three finalists.
• Assisted outside counsel on a number of Cultural Programs and Youth-Teen and
cases currently in litigation. Adaptive staff joined together to bring
• Worked with staff to acquire the property "Boots & Blooms" to the Kent YMCA's 2024
rights necessary to complete various Healthy Kids Day event on Saturday, April
projects throughout the City. 20. Approximately 250 kids and their
families planted spring flowers in rubber
boot "planters" to take home. This was a
Page 6 of 14
Packet Pg. 14
5.6
great opportunity to engage with the • Highschool golf started in early April and
community while sharing information about will continue through mid to late May.
programs and upcoming events. • Golf leagues started in early April inclusive
Parks Planning and Development of the City of Kent league with a group of
• The Springwood Park Renovation project 36 participants.
was awarded to Terra Dynamic Inc. with • Hosting the 27th Annual 2 Man at the
the low bid of $2.9M which is under the Bend on May 18th-19th which attracts
engineers estimate of $3-3.5M. The some of the best amateurs in the Pacific
renovated park includes a new playground, Northwest.
park shelter, multi-use sport court,
circulation paths, lighting, and general '
landscape enhancements. Construction is
Staff Changes
anticipated to start early May 2024
• The comment period for the Mill Creek • Heyne, Roland, Division Change, Patrol to co
Canyon Earthworks Park Framework Plan is SOU, 4/16/24
closed and the project team is working to • Sunderland, Brian, Division Change, Patrol
incorporate all comments. The final plan to SOU, 4/16/24 .3
will be published in May 2024 with a GIS Kristy Rorie passed probation, 4/17/24 U
story map and the first phase of project Jandusay, Dominique, New Hire, Police E
planning/design will be initiated shortly Officer, Entry Level, 5/1/24 0
thereafter. Wiley, Micaela, New Hire, Police Officer, y
Entry Level, 5/1/24 0
• Morrill Meadows Park Phase 2 Renovation is Recent Events and Awards (received one a
nearing completion with sod installation the 4/20, Little League Baseball
week of 4/22/24. The project team will be • 4/23, Sgt. Landon Meyers, Chief's Award of 0
working on punch list for the next two Professional Service 0
weeks and looking towards a re-opening of
the playground, shelter and restroom in 4/25, Business Crime Prevention Summit
May 2024. • 4/25, Sgt. Tom Clark, 25 years of service
Schematic Design for East Hill North 4/25, Officer Isaiah Munoz, Lifesaving
• Medal
o
Community Park is complete and the
4/27
design team is proceeding with Design
Drug Take Back Day >
• 4/30, Hops with Cops at JPs East Hill M
Development. The current schedule shows N
initiation of the Construction Drawings Significant crime activities/ ME
phase of design by end of March. Additional arrests /investigations E
engagement with the public is expected in On April 9, 2024, at 01:18 AM, patrol a
spring 2024 to update the public on responded to Driftwood Apartments, 1600 a
playground and general site design. W James PI, for a robbery. An Uber driver
Renovations to Kiwanis Tot Lot #4 is had arrived at the complex when he was
• flagged down by the suspect, whom he
anticipated for construction summer of W
2024 and will include replacement of 2-5 believed needed assistance. The victim
and 5-12 play structures, swings, public rolled down his window, and the suspect ,
grabbed him by the collar of his jacket and E
plaza space, and general landscape E
enhancements. The bid opening was held told him to get out of the car. As this 0
on 4/25/24 and the apparent low-bidder occurred, a second suspect appeared. The
was LD Sundstrom with a bid of victim was ordered to give them his wallet
$424,876.10 and phone, and the suspects fled in his
Riverbend Golf vehicle.
• Hosted the first Men's and Ladies club On April 9, 2024, at 08:04 AM, patrol
events on Saturday, April 6th and responded to 12700 SE 261st PI for an
Saturday, April 13th with fields of 104 assault. A male was waving around a
players for the Men's club and 40 players shotgun and pointed it at his neighbor. The
for the Ladies Club victim reported that her neighbor had been
Page 7 of 14
Packet Pg. 15
5.6
outside with a gun as she was leaving for reported the victim's position in the
work and pointed a shotgun at her, so she roadway. Initial investigation indicated that
fled the area. Patrol located the suspect the victim, driving south on 132nd, struck
and arrested him. The suspect claimed he the pedestrian.
had been escorting his wife to her car with On April 19, 2024, at 7:51 AM, patrol
his shotgun. responded to K Cloud Smoke Shop
• On April 9, 2024, at 08:00 PM, officers regarding a burglary. Surveillance footage
were dispatched to 3522 S 239 PL #M14 captured two suspects arriving in a vehicle,
for a child abuse report. A neighbor called breaking the store's front glass, and
in, stating a 9-year-old child was hit by his stealing the cash register, its contents, and
mother and sustained a black eye. Officers high-end vape products.
conducted a thorough investigation, which On April 22, 2024, patrol responded to
ended with taking three children into separate robberies at 18000 W Valley Hwy a
protective custody and calling CPS for and 22400 83rd Ave S 7-11 locations. Both
placement. The mother was arrested for incidents occurred at night, with three
assault, which was upgraded to a felony individuals entering each store, implying
level when one of the children not only possession of a weapon to coerce the clerk ;
sustained a black eye but also a concussion into surrendering cash from the till. U
from the assault. On April 22, 2024, an officer responded to E
• On April 11, 2024, at 02:22 AM, patrol an incident at the Penske lot located at ,°
responded to the 7-11 at 24000 104th Ave 7210 S 224th St, where a male pointed a
SE for a robbery. Officers learned the two handgun at a victim, and damaged the a
victims had been at the bus stop when a victim's commercial truck tires with a knife
car stopped and asked them if they had before fleeing. Despite extensive search
any marijuana. The driver got out and then efforts, the suspect remains significant, a
asked for their belongings and told them if and the case is under investigation (INV).
they did not leave, they would be shot. The On April 23, 2024, patrol responded to an )
L
victims provided their items and then ran armed robbery at 7-11, 1400 W Meeker St, °;
across the street as they had been directed where three masked suspects displayed a o
to do. firearm, demanded cash, and subsequently
• On April 15, 2024, at 7:14 PM, patrol fled. Following a pursuit, two suspects were
responded to an in-progress CPR incident apprehended. N
involving a 2-year-old child at 27205 148th • On April 28, 2024, a security guard 'c
Ave SE #206. Once officers were on the reported a vehicle collision at Ivars, 25404 E
scene they took over CPR from a resident 104th AVE SE, involving an unconscious w
of the home. Officer's CPR efforts male driver and a female passenger.
successfully revived the child, and a pulse Officers and PSF arrived, initiating CPR on U
was detected. Subsequently, Fire and the female. Both individuals were c
Medics arrived and assumed treatment, transported to Harborview. Alcoholic W
transporting the child to Seattle Children's. beverages were found in the vehicle, and •2
During transport, the child regained the incident remains under KPD Traffic
consciousness, exhibiting a more normal investigation. E
demeanor upon arrival at Seattle On April 28, 2024, at 5:48 PM, patrol U
Children's, contrary to the initial responded to an armed robbery at
information provided at the incident Safeway, 13100 SE Kent Kangley Rd.
location. Suspects displayed a firearm, stole
• On April 16, 2024, at 4:05 AM, patrol belongings, and fled.
responded to a vehicle versus pedestrian
collision near 27800 132nd Ave SE. Officers
discovered a deceased pedestrian at the
scene, with the involved vehicle and driver
remaining present. Multiple witnesses
Page 8 of 14
Packet Pg. 16
5.B
PUBLIC WORKS to assess current sedimentation conditions
of the site. The site has been proposed for
Survey inclusion in the proposed sedimentation
• Survey Field staff are design mapping for dynamics study for the Lower
224th Phase 3 and The Uplands Ball Field. Green/Duwamish section of the Green
They have also been providing construction River.
staking on 76th Ave Drainage Site Clean-up (Mayor's Homeless Task
improvements. Crews have staked force/On-Call Garbage Contract/State
boundaries at Russell Woods Park and are Ramp Litter Clean-Up): New RFPs for on-
in process of staking the property boundary call clean-up of various city-owned
at the Ethos Apartments and Par 3 Golf properties and ROW have been received
Course. and are being evaluated. Temporary halt
• Survey Professional staff are calculating on Ramp Cleanup ordered by the Dept of
the boundary at the Uplands Skate Park, Ecology. Green River embankment clean- co
reviewing CIP projects and preparing to file up RfC being routed for approval.
Record of Surveys on the right of way Solid Waste Management Outreach: -
U
associated with multiple projects. Participated as speaker in the Kent United ;
• GIS staff provided data clean-up for Methodist Church Earth Day service on L)
GIS/Laserfiche linkages, support for the Sunday, April 21st. Set up a booth, spoke E
Stormwater data model update, to people about the solid waste program, ,°
Amanda/ECD data validation, Water data and handed out reusable shopping bags.
comparison for the hydraulic model, Dam • Re+ consultant, Cascadia, has created new a
inundation mapping and updated the signs for businesses; copies will be printed W
Sewer relining labels in the asset for the city to use in its buildings. V_
management system. • Re+: City staff (Kent and Renton) to meet Q.
• GIS Supervisor participated on the team with the consultant every two weeks to
implementing the Single Sign-on for discuss progress and updates. The new )
L
Cityworks and the GIS Portal over the business outreach and education page is
weekend. live on the city's website. Cascadia will o
Environmental promote the site to businesses during their >
• Habitat Area A (Lower Russell Levee): The outreach. The short URL to the site is
project is included in the list for www.kentwa.gov/greenbiz. N
presentation to the WRIA 9 Watershed • Solid Waste Management Events: c
Ecosystem Forum for grant funding • Adopt-A-Street/Spot: Final 1st quarter E
approval. numbers: Volunteers: 173, Bags: 172, w
• Boeing Rock Habitat Enhancement: The Volunteer Hours: 246. GIS map of 0
project is included in the list for Adopters being updated.
presentation to the WRIA 9 Watershed Recycling: The 2nd mini event will be at c
Ecosystem Forum for grant funding the Kent United Methodist Church on W
approval. A feasibility and alternatives Friday, May 10th from 9 am to noon.
study will be conducted by Herrera. Work Comms Team is promoting the mini events '
E
to begin after the contract is signed. Site via social media boosts by using WRR grant c
visit with the consultant to assess site money. U
conditions scheduled on Tuesday, June 4. TeamUp2CleanUp: Spring event date is
• Lakes Monitoring: Finalizing the grant Saturday, May 4th - Registration is now
agreement with King County WaterWorks. live. Promotion occurring at local high
City staff to attend the annual Lake schools and sponsors.
Meridian homeowners associations meeting Rock Creek Fish Presence Surveys: Fish
on Sunday May 5. Water quality trend for Presence Surveys in Rock Creek were
Lake Meridian to be presented. completed on Monday 4/22. Salmonids
• Riverview Side Channel: An elevation were observed in both side channel areas
survey of the channel has been requested where the survey was conducted. A full
Page 9 of 14
Packet Pg. 17
5.6
detailed report of findings will be available Estimate). Working to finalize two (2) of
in the coming weeks. This is the third and the Rapid Rectangular Flashing Beacons
final round of post-project monitoring (RRFB) TIB locations (132nd and 278th and
surveys and will complete Kent's 116th), in addition to TCP's.
monitoring obligation of Maintenance and 2024 Water Main: 90% design in progress.
Evaluation Measure 5 (MEM-5) within the King County Metro project along Smith/etc.
Clark Springs Water Supply System Habitat starting construction in approximately early
Conservation Plan (HCP). 2025, need to have Smith work completed
• Environmental Compliance Specialist: by then. Mid July 2024 Construction
Please congratulate CJ Burleigh on his Contract Advertisement.
promotion to Environmental Compliance 74th and Willis Intersection Improvements:
Specialist. He will start in this FTE position Design working on 90% in order to send to
on May 1st. Kent Stakeholders, Olympic Pipeline and a
• Great Wall Mall: Staff initiated Storm and WSDOT for review (need to submit to start 0
FOG inspections at the Great Wall Mall. The WSDOT Construction Agreement process,
coordination and enforcement to get the mid May review for 90% expected). Met
system functioning correctly will be with WSDOT on 5/1 to discuss project ;
ongoing. issues. 0
• Micron Illicit Discharge: There was an illicit West Hill Booster Pump Station: Contracts E
discharge at Micron last week. 1800 Ibs of signed and NTP issued, kickoff ,°
PVC Compound was vented out through the meeting/workshop/site visits held on April
roof. Staff immediately investigated then 24th and 25th. Modeling Contract under a
notified Ecology and PSCAA. A joint development, need to determine exact
inspection with Ecology Industrial SW scope.
inspector will happen later this week. West Hill Transmission Main: Design a
starting, working on consulting selection
for franchise locates, potholing will need to N
be discussed further. City locates expected U
to be requested soon. Discussion held with
0
Operations to finalize tie in location along
Military on west side of new tank site.
Willis Road Diet (Central to 3rd Ave) / N
Quiet Zone: Public Outreach required as a c
part of the grant, met with WSDOT to E
• Concrete Slurry Illicit Discharge: There was discuss. Working with Transportation to w
an illicit discharge of granite and stone schedule meetings with the other t
cutting slurry to the drainage system. Staff stakeholders (there are many). U
has asked for Ecology's assistance in an Construction c
inspection that will happen later this week. Washington Ave S Stormwater Pump M
Station: Shoring for wet well installation •2
has been delivered and installation has E
.- begun. Wet well delivery expected 5/7.
4_ 4
Design �
• 2024 Pavement Preservation (Overlay):
4/11/24 bid opening, with ICON Materials
low bidder at $4,771,296 ($4.85 Engineers
Page 10 of 14
Packet Pg. 18
5.6
• 108th Ave SE and SE 264th St Compact estimate there are in excess of 150 dark
Roundabout: Contractor began wooden streetlights as a result of wire theft. Staff
fence installation at 26356 108th on have been taking measures to prevent wire
Wednesday (5/1). Ped path paving theft for several years. These include
scheduled for this week, weather welding junction box lids closed, adding
permitting. Striping will be completed concrete around in-ground junction boxes,
following the asphalt's cure period and using security bolts on locking lids.
currently scheduled for week of May 6th. Unfortunately, the availability of battery-
Contractor working on general site clean- powered tools has reduced the
up, perimeter grading and backfill. effectiveness of these measures. We have
• 84th Ave S (East Valley Highway) started replacing copper wire with
Preservation - S 212th St to S 196th St: aluminum wire. Aluminum has a
Contractor continues forming and pouring significantly lower recycle value and is less a
new ADA ramp improvements. Electrical likely to be stolen. In addition to stolen co
subcontractor installing junction boxes and wire, several of the streetlighting systems =
new pedestrian crossing hardware. were significantly damaged when the wire
was stolen. Many junction boxes and ;
underground conduits were damaged and L)
will need to be replaced. E
Streets ,°
• Street Maintenance crews prepared,
poured, stripped forms and backfilled a
_ sidewalks on S 208th St between 116th
Ave SE and 110th PI SE, poured for new
sidewalk and driveway and performed hot a
s , patch repairs on E Gowe St between
Railroad Ave S and Central Ave S, )
L
performed a hot patch overlay on 104th U
a 3 -
�- Ave SE, north of SE 267th St, set out o
barricades and bladed shoulders at 700 5th
<r Ave N, on 148th Ave SE, north of SE 256th
l St, on 4th Ave S between W Willis St and
W Crow St and on 3rd Ave S between W c
Saar St and W Titus St cleaned sidewalks E
F on S 228th St between2nd Ave N and 83rd a
Mill Creek / 76th Avenue S Culvert Ave S, S 228th St between 76th Ave S and 2
• Improvements: Crews continue clearing, 72nd Ave S and on S 224th St between U
84th Ave S and 88th Ave S, ground ii
c
grubbing and demo work. Watermain sidewalks on Pacific Hwy S between S
installation has begun. Material submittals
and RFI's continue to be processed. 272nd St and S 260th St and in the
Reith Road Roundabouts: The construction Downtown core area and bladed alleyways E
• contract is executed and the in the North Park neighborhood, the Mill c
Preconstruction Meeting is scheduled for Creek neighborhood between E James St U
Monday, May 6. and Canyon Dr and at 406 Scenic Way.
Transportation Signs and Markings crews installed bases
The City continues to experience and replaced signs for the retro-reflectivity
• unprecedented amounts of copper wire program on SE 221st PI, east of 116th Ave
theft in our streetlight system. Over the SE, on 121st PI SE, south of SE 216th St
last year wire has been stolen from several and on SE 217th St, west of 120th Ave SE,
major corridors including S 277th St, East set out and picked up message boards and
Valley Highway, and S 196th St. We traffic control for the Fun Run event on 3rd
Ave S, south of Willis St and Downtown
Page 11 of 14
Packet Pg. 19
5.6
area, set out no parking barricades and removed weeds at East Clark Springs, line
traffic control for Movie Night at W Gowe St trimmed, removed blackberries and weeds
and 2nd Ave S and turned watch for ice and sprayed for poison hemlock at Rock
signs and performed sign maintenance at Creek, line trimmed and removed litter and
various locations Citywide. weeds at the Downey site, performed
• Solid Waste staff cleaned up debris along transplant cuttings and fertilized at the
104th Ave SE and 108th Ave SE from SE Green River Natural Resource Area
267th St to SE 192nd St, SE 256th St from (GRNRA) Nursery.
104th Ave SE to 116th Ave SE, 64th Ave S Water/Sewer
from W Meeker St to S 236th PI and along Distribution crews have completed
S 260th St from Pacific Hwy S to Military installing the large utility vault and
Rd S and performed hot spot inspections installed the 8" Magnetic meter and piping
and responded to service requests at to finish up the upgrade at Pumpstation
various locations Citywide. #3. The crews have been working hard to
• Water Vegetation crews mowed and line complete the lead service line inventory
trimmed at Kent Springs, Kent East Hill and are down to 395 services to inspect
Operations Center (KEHOC), the Scenic Hill out of 1073 services. Hydrant crews have ;
sites, West Hill sites, the 108th Well, been working on mapping out all water U
Summit Reservoir, Pumpstation #5, the meters through GIS updating. Crews have E
3.5 Water Tank, Armstrong Springs, The also been operating and performing ,°
Seven Oaks Well, Blue Boy Tank, Garrison maintenance on all hydrants in the valley
Creek Well, the Renton Intertie, floor area. Staff have also been setting a
Pumpstation #2 and at the Woodland Way new water meters for the permit center.
PRV. Sewer staff have been line cleaning on
• Street Vegetation staff line trimmed and Veterans Drive (Grandview Apartments) a
removed weeds, litter, and debris along and on 116th Ave SE between SE 240th St
both sides of James St Hill, mowed and and SE 232nd St. Crews have performed )
L
sprayed the curb and crack along Benson asphalt repairs on Central Ave N and E
Rd from S 240th St to S 222nd St and George St and storm line inspections have o
along S 208th St from S 96th St to S 108th continued on the East Hill at SE 198th PI >
St, line trimmed, weeded, picked up litter and 122nd PI SE.
and debris, added soil and watered the Source, Supply and Pumpstations N
planted beds at S 6th Ave and W Gowe St, • Source and Supply staff have worked with c
planted street trees on Meeker St and Water Mains and Services to replace the 8" E
performed maintenance of the mow strips magnetic meter and meter vault at w
and planted beds in front of the PW Pumpstation #3, continued cleaning filter °'
Operations Shop on S 240th St and from #2 and the underdrain system at the 212th u
the traffic islands at Lakeside Blvd, Pacific Treatment Plant, worked on the Pressure c
Hwy S, ShoWare and James St. Reducing Valve (PRV) maintenance
• The Sidearm mower crews mowed along schedule with Cimco-GC Systems and
132nd Ave SE from SE 282nd St to SE performed maintenance checks at various
196th St, 124th Ave SE from S 282nd St to pumpstations Citywide. c
S 248th St, S 256th St from 116th Ave SE Water Quality staff have performed T-run U
to 132nd Ave SE, SE Kent Kangley Rd from and wellhead sampling, continued to
116th Ave SE to 160th Ave SE, Military Rd update the coliform monitoring plan,
S from S 272nd St to Kent Des Moines Rd created a new Standard Operating
(SR 516) and along 116th Ave SE from S Procedure (SOP) for the Per- and
240th St to S 208th St in the Panther Lake Polyfluoroalkyl Substances (PFAS)
area and installed trees at S 224th St and sampling, continued working on
88th Ave S. improvements for the 212th Treatment
• Wetland Mitigation crews line trimmed and Plant, updated new sampling station
removed blackberries at Alvin's Pond, locations due to increased coliform
Page 12 of 14
Packet Pg. 20
5.6
monitoring, received a caustic delivery for SE 280th St, Cantera E at 12648 SE 282nd
Pumpstation #5, received a chlorine St, Cantera F at 12717 SE 278th PI, Lake
delivery at Clark Springs and at Kent Meridian Outlet Channel A at 14800 SE
Springs and worked on the daily, weekly 272nd St, Cottonwood at 12212 SE 270th
and monthly Water Quality Report training. St, Tudor Square A at 26829 112th Ave SE,
• SCADA staff continued replacing old radios, Tudor Square B at 27056 111th PI SE,
downloaded the Programmable Logic Mallory Meadows at 13025 SE 264th PI,
Controller (PLC) program and worked on Meridian Meadows at 26615 128th Ave SE,
the final tuning for the radio upgrade Lindental at 26220 116th Ave SE,
project at Fire Station #74, started the Applewood/Julie's Addition at 11422 SE
new SCADA servers and updated SCADA 265th St, GRNRA at 22306 Russell Rd, Erin
passwords, installed a new power monitor Glade at 11215 SE 272nd PI, Lexington
for the East Hill Well, installed conduits and Square at 26706 115th Ave SE, Kingstone a
power and signal wiring for the new 8" A at 11415 SE 268th St, Kingstone B at
magnetic meter at Pumpstation #3 and 27127 115th Ave SE and at South Bend at =
installed Verkada cameras at Armstrong 11624 SE 270th St, removed litter for SR
Springs. The total demand was at 6.9 46651 at 26615 128th Ave SE, sprayed for ;
Millions of Gallons per Day (MGD) and the poison hemlock at Horseshoe Bend at S 0
Tacoma order was at 1.5 MGD. 259th St and 80th Ave S and performed E
• Pumpstation crews removed the existing irrigation work, planting and soil °
concrete and asphalt, installed conduits remediation at the Red Barn site at the
and set forms for the concrete pad for the GRNRA at 22306 Russell Rd. a
generator project at Victoria Ridge, Holding Pond crews line trimmed and
monitored the Lagoon upstream inlet mowed at Roytberg at 27120 138th PI SE,
gauge (currently at 4.32') and performed Countryside at 24723 132nd PI SE, Dravon Q.
site checks at various Sewer and Storm at 27127 137th Ave SE, Heatherglen
pumpstations Citywide. Estates at 13411 SE 253rd PI, Cedar Point L
Storm Drainage/Vegetation at 13523 SE 253rd PI, Taylor's Glen at
• Storm crews potholed for utilities, installed 15117 SE 276th PI, Nancy's Grove Div. 1 at o
a pipe and catch basin and performed a 14871 SE 279th PI, Nancy's Grove Div. 2
catch basin changeout at 9683 S 212th St, and 3 at 27822 147th PI SE, Lake Meridian
potholed for utilities and installed a catch North at 25334 146th Ave SE, Kangley N
basin at 715 3rd Ave N, performed a catch Grove at 13402 SE 274th St, Allenbach at c
basin changeout at Canyon Dr and S 252nd 27719 148th Way SE, Brookside Court E
St, installed a pipe at 10806 SE 231st St, (Front) at 27820 132nd Ave SE, Brookside w
cleaned for TV at 121st Way SE and SE Court (Back) at 13500 SE 280th St,
208th St and at 122nd PI SE and SE 199th Lexington and Kingsley Glen at 14210 SE U
St, cleaned a culvert at 124th Ave SE and 279th St, SR 516 #4 at 15047 SE 272nd ii
0
SE Kent Kangley Rd, cleaned bays, St, SR 516 #3 at 14417 SE 272nd St,
performed maintenance and hauled Kentwood Estates at 28108 123rd PI SE, •2
materials away at the Vactor site and Pacific Heights at 25340 121st PI SE, Taco
cleaned decant stations and performed West Building at 12318 SE 277th PI, c
vault and tank inspection at various Hycroft at 27306 126th PI SE, U
locations Citywide. Crews also performed Meadowbrook Short Plat at 25515 122nd PI
National Pollutant Discharge Elimination SE, Fairway Crest Short Plat at 25523
System (NPDES) inspections at 124th Ave 123rd PI SE, Kenatco at 25400 124th Ave
SE and SE 216th St, NPDES pumping at SE, Ellis Property at 12821 SE 255th PI,
116th Ave SE and SE 208th St and other Springwood Park at 12700 SE 274th St,
various locations and NPDES repairs at Singh Heights Estate at 12218 SE 270th PI,
various locations Citywide. Bayberry Crest at 13133 SE 256th St,
• Wetland Maintenance crews mowed and Rainier View Estates at 25834 131st PI SE,
line trimmed at Cantera D and G at 12423 Cantera A at 12507 SE 278th PI, Cantera B
Page 13 of 14
Packet Pg. 21
5.B
at 12728 SE 280th St, Millbrook at 26823
121st PI SE, Andrews Landing at 11923 SE
277th St, Cottonwood at 26823 121st PI
SE, McKenna Meadows at 12422 SE 259th
St and at Pacific Heights at 25350 121st PI
SE.
Fleet/Warehouse
• The Warehouse crew have continued to
assist with CDL training, maintained the
shops yard, keeping it clean and free of
litter and debris, cleaned and maintained
the wash rack, washed, and vacuumed
motor pool vehicles, issued Personal a
Protection Equipment (PPE) and motor pool CO
vehicles to staff and hydrant meters to
contractors, repaired small equipment as
needed, received parts and inventory ;
orders, hauled spoils as time and L)
equipment were available and inventoried E
the small attractive assets. °
• Fleet staff built and delivered new vehicles,
worked on preparing equipment for the a
mowing season, performed air brake
inspections, inspected 6 new PD Patrol
vehicles from the upfitter in Lakewood and a
put into service, worked on mower and
trailer repairs, prepared old vehicles for the JA
L
June auction and worked on scheduled and
non-scheduled maintenance repairs. o
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Page 14 of 14
Packet Pg. 22
8.A.1
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS H IN G70 IN
April 16, 2024
Date: April 16, 2024
Time: 5:15 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Kaur called the meeting to order.
Attendee Name Title Status Arrived
Satwinder Kaur Council President Present o
Bill Boyce Councilmember Present
John Boyd Councilmember Present °
a
Brenda Fincher Councilmember Present a
Marli Larimer Councilmember Excused
Zandria Michaud Councilmember Present a
LO
Toni Troutner Councilmember Present r
Dana Ralph Mayor Present �
N
O
II. PRESENTATIONS CN
1 Legislative Update Briahna Murray 25 MIN. L
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The City's lobbyist, Briahna Murray from Gordon Thomas Honeywell
Government Relations provided the 2024 Legislative Session Update.
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The 2024 Legislative Session was the second year of the biennium, 60-day
session
Democrats held strong majorities in House of Representatives and Senate
2023 legislation that did not pass carried over to 2024
1,560 new bills introduced, 376 passed into law
Adopted supplemental operating, capital, and transportation budgets
Murray provided details of the 2024 supplemental budgets: Operating,
Capital and Transportation.
There were a historic number of initiatives to the Legislature and the
Legislature enacted three:
I-2111 prohibiting state and local income tax
I-2081 increasing parental rights around K-12 education
I-2113 allowing officers to engage in vehicular pursuits
The legislature did not act on three that will appear on the ballot in
November 2024:
Packet Pg. 23
8.A.1
City Council Workshop Workshop Regular April 16, 2024
Meeting Kent, Washington
Minutes
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I-2117 repealing the Climate Commitment Act
I-2109 repealing the capital gains tax
I-2124 allowing individuals to opt out of Washington's long-term care
retirement program.
Murray talked about Kent's 2024 Legislative Priority - The City requested
councilmanic taxing authority to fund public safety and the criminal justice
system.
HB 2211 sponsored by Representatives Stearns, Orwall, Gregerson, and
Hackney
SB 6076 sponsored by Senator Keiser
Public hearings held on each proposed by did not advance. 4-
Murray detailed the concerns raised during the session. 0
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Public Safety proposals that were approved: a
Initiative 2113 on vehicular pursuit a
Temporarily removed the 25% local contribution for training new officers at
the Basic Law Enforcement Academy a
Approved Legislation to make it easier to hire law enforcement officers r
Policy advanced on specific crimes N
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Murray talked about additional legislative issues that passed:
Automatic traffic safety cameras a
Co-living housing Q
Parking standards o
Public Comment notice a
Tax Increment Financing c
B&O tax Exemption for Childcare
What did not pass:
Capping rent increases
Lot splitting a
Siting of Shelter Space
Transit-Oriented Development
REET Increase
Property Tax Levy Growth
Next Steps:
Implement new policies
November 2024 Election
Begin preparing for the 2025 Session
2025 Legislative Session begins January 13th.
New legislative biennium
2 Police Department Data Application Officer Eric 40 MIN.
Doherty
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Page 2 of 3 Packet Pg. 24
8.A.1
City Council Workshop Workshop Regular April 16, 2024
Meeting Kent, Washington
Minutes
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Officer Eric Doherty, the City's Diversity, Equity and Inclusion Officer
provided details on the Police Contact Application.
All officers have the application on their phone or on their car computer. The
application is used for proactive contacts with the public.
1st Quarter 2024 showed a steady increase in usage of the application over
time with over 1,038 contacts. The following is a breakdown for each incident
type:
623 Traffic Infraction/Warning o
348 Onview-enforcement
67 Community Contact P
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Doherty detailed the data relating to: a
Results of Traffic Stops
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Traffic stops by gender/race
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Warning % by race
Onview enforcement contacts by race N
Males and females and whether they are detained or not detained N
The data from the application can be mapped using information from other a
systems. Q
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Doherty talked about how this application will build public trust since it was
requested that the Police Department track what contacts officers are making
and addressing any issues that arise. Additionally, this application will assist
in allocating resources throughout the City.
Chief Padilla advised that tracking data is a state law that mandated
gathering use of force data. Kent is ahead of the game. Kent is a pilot a
agency with the state relating to the statewide system.
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Chief Padilla indicated the City needs to be in a position to be prepared with
the data prior to it being requested.
Meeting ended at 6:00 p.m.
Ki,m b,e4,le,y A. Ko-w wto-
City Clerk
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Page 3 of 3 Packet Pg. 25
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS H IN G70 IN
April 16, 2024
Date: April 16, 2024
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order
2. ROLL CALL
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Attendee Name itlle= Status Arrived °
Dana Ralph Mayor Present o
Satwinder Kaur Council President Present a
Bill Boyce Councilmember Present a
John Boyd Councilmember Present 2
Brenda Fincher Councilmember Present a
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Marli Larimer Councilmember Excused
Toni Troutner Councilmember Present N
Zandria Michaud Councilmember Present N
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3. AGENDA APPROVAL a
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Chief Administrative Officer Pat Fitzpatrick added Consent item H. Excused —
Absence for Councilmember Larimer.
A. I move to approve the agenda as amended. c
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Satwinder Kaur, Council President
SECONDER: Bill Boyce, Councilmember
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AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner a
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4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Appreciation for Councilmember Bill Boyce's 12 Years of Service on the
Puget Sound Regional Fire Authority Governance Board
Puget Sound Regional Fire Authority, Chief Carson presented Councilmember
Boyce with an appreciation of 12 years of service on the Puget Sound
Regional Fire Authority Governance Board. Boyce expressed appreciation of
the award.
ii. Presentation of Life Saving Award to Logan Lewis
Packet Pg. 26
8.A.2
Kent City Council City Council Regular Meeting April 16, 2024
Minutes Kent, Washington
Mayor Ralph presented Logan Lewis from Boy Scout Troop #407 with a Life
Saving Award. Additionally, the troop leader detailed other instances where
members of Troop #407 saved lives of others.
iii. Appointments to the Kent Bicycle Advisory Board
Mayor Ralph requested the Council confirm her appointments to the Kent
Bicycle Advisory Board.
iv. Recognition of Kent 101 Graduates
The City's Community Engagement Specialist Tracy Taylor recognized
graduates of the Spring Kent 101 class of 2024.
B. Community Events o
Council President Kaur announced upcoming events at the accesso ShoWare o
Center. a
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Councilmember Fincher announced the upcoming TeamUp2CleanUp event on
May 4t" from 9 - noon. Visit www.kentwa.gov/talkingtrash for additional a
information.
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Councilmember Michaud announced the upcoming Green Kent: Earth Day N
event on April 20t" at Clark Lake Park from 9 - noon.
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5. REPORTS FROM COUNCIL AND STAFF Q
A. Mayor Ralph's Report °
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Mayor Ralph serves Transportation Policy Board that continues work to
implement the Regional Transportation Plan.
B. Chief Administrative Officer's Report
Chief Administrative Officer Pat Fitzpatrick advised of the recent purchase of 2
the Penguin lot at Kherson Park.
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Fitzpatrick advised there is an Executive Session tonight regarding current or
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potential litigation, as per RCW 42.30.110(1)(i) that should last
approximately 20 minutes with no action following the close of Executive
Session.
C. Councilmembers' Reports
Council President Kaur serves as the Chair of the Workshop and provided an
overview of the two presentations from tonight's meeting.
Councilmember Troutner provided an overview of the Economic and
Community Development item from tonight's Committee of the Whole
relating to the 2044 Comprehensive Plan Update.
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Page 2 of 6 Packet Pg. 27
8.A.2
Kent City Council City Council Regular Meeting April 16, 2024
Minutes Kent, Washington
Troutner serves on the Puget Sound Regional Fire Authority Governance
Board and provided a recap of the awards handed out during their annual
banquet.
Councilmember Michaud provided a recap of the activities that took place
during the recent Arbor Day events.
Councilmember Boyce provided an overview of the Public Safety item from
today's Committee of the Whole meeting.
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Boyce serves on the Sound Cities Association Public Issues Committee that
heard a presentation regarding the Washington State Supreme Court looking
at recommendations that the Washington State Bar Association reduce public -
defenders by 2/3 - looking into impacts.
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Councilmember Fincher serves on the Arts Commission that will hold an a
event on June 5t" in the City's Centennial Center. a
Fincher provided an overview of the Public works items from today's o
Committee of the Whole.
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6. PUBLIC HEARING N
None.
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7. PUBLIC COMMENT a
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All of the following individuals provided public comment regarding the City r
revising its Memorandum of Understanding with King County to allow the use
of the Econolodge for asylum seekers.
Jon Grant, Chief Strategy Officer for Lihi and resident of Seattle
Prieux Goetan, a Kent resident.
Joseph Lopez, Co-Director of Church Council in Seattle, working with LIHI to
support opening the Econolodge a
Marta Kidane, Community Engagement Manager with LIHI, and resident of r
Burien
Angela Bukenya, a resident of Tacoma
Nida Ntita, social worker and resident of Sea Tac
Adun Dibbo, works with Africans on the Eastside and resident of Bellevue
Angela Ngiengi - social worker @ cinseattle.org and resident of Auburn
Jonathan Dyber, resident of Seattle
Christina Goto, resident of Renton
Adriana Figueira, resident of Kent
Sebastian Colmonares, resident of Kent
Juan Colmonares, resident of Kent
Kerwin Fuemayor, resident of Kent
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Page 3 of 6 Packet Pg. 28
8.A.2
Kent City Council City Council Regular Meeting April 16, 2024
Minutes Kent, Washington
Youona Gutierrez, resident of Kent
Sotio Mendoza, resident of Kent
Rosario Lopez (Washington), resident of Kent
Josve Alvarez, resident of Kent
Madely, resident of Kent
Hamdi Aboulle, resident of Kent
8. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Satwinder Kaur, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner o
A. Approval of Minutes °
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i. Council Workshop - Workshop Regular Meeting - Apr 2, 2024 5:15 PM a
ii. City Council Meeting - City Council Regular Meeting - Apr 2, 2024 7:00 PM a
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B. Puget Sound Regional Council's Transportation Alternatives
Grant for the Meet Me on Meeker - Washington to Thompson - N
Authorize
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MOTION: I move to authorize the Mayor to accept grant funds
from the Puget Sound Regional Council in the amount of Q
$2,500,000 for the Meet Me on Meeker - Washington to
Thompson Project, amend the budget, authorize expenditure of
the funds and authorize the Mayor to sign the grant agreement,
subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
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C. Agreement with EarthCorps for Mill Creek Canyon Trail Repair -
Authorize a
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MOTION: I move to authorize the Mayor to sign a trail repair a
agreement with EarthCorps, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
D. Consultant Services Agreement with Herrera Environmental for
the Boeing Rock Enhancement Project - Authorize
MOTION: I move to authorize the Mayor to sign a Consultant
Services Agreement with Herrera Environmental Consultants,
Inc. subject to final terms and conditions acceptable to the City
Attorney and the Directors of Public Works and Parks.
E. Highway Safety Improvement Program - City Safety Road Diets
Grant - Accept Additional Funds
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Page 4 of 6 Packet Pg. 29
8.A.2
Kent City Council City Council Regular Meeting April 16, 2024
Minutes Kent, Washington
MOTION: I move to accept additional grant funds from the
Washington State Department of Transportation in the amount
of $283,605, for the City Safety Road Diets Grant, amend the
budget, authorize expenditure of the grant funds, and
authorize the Mayor to sign all necessary documents, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
F. 132nd Avenue S.E. Multi-Use Path - Transportation
Improvement Board Grant - Authorize
MOTION: I move to accept grant funds in the amount of
$500,000 from the Transportation Improvement Board for the
Complete Streets Award, amend the budget, authorize the -
expenditure of funds, and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions o
acceptable to the City Attorney and Public Works Director. a
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G. Appointments to the Kent Bicycle Advisory Board - Confirm
MOTION: I move to confirm the Mayor's reappointments of o
Gordon Dona, Tim Irwin, and Allison Hopstad to the Kent
Bicycle Advisory Board for additional three-year terms that will N
expire on March 31, 2027; and confirm the Mayor's N
appointment of Baron You and Tom Bader to the Kent Bicycle
Advisory Board for inaugural one-year terms that will expire on a
March 31, 2025. Q
H. Excused Absence for Councilmember Larimer - Approve
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9. OTHER BUSINESS
None.
10. BIDS a
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A. 2024 Pavement Preservation Bid - Award a
Public Works Director Chad Bieren recommended awarding the 2024 a
Pavement Preservation Bid to CPM Development Corporation DBA ICON
Materials.
MOTION: I move to award the 2024 Pavement Preservation
Project to CPM Development Corporation DBA ICON Materials in
the amount of $4,771,296 and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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Page 5 of 6 Packet Pg. 30
8.A.2
Kent City Council City Council Regular Meeting April 16, 2024
Minutes Kent, Washington
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner
B. 2024 Asphalt Grinding Bid - Award
Bieren recommended awarding the 2024 Asphalt Grinding Project to
Statewide Paving.
MOTION: I move to award the 2024 Asphalt Grinding Project to
Statewide Parking Lot Service, Inc. in the amount of $107,205
and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City -
Attorney and Public Works Director.
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RESULT: MOTION PASSES [UNANIMOUS] a
MOVER: Brenda Fincher, Councilmember a
SECONDER: Toni Troutner, Councilmember a
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner o
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION "'
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A. Current or Potential Litigation, as per RCW 42.30.110(1)(i)
At 8:10 p.m., the Council convened into Executive Session. a
At 8:30 p.m., Executive Session was extended for an additional 20 minutes. Q
At 8:50 p.m., the Council ended Executive Session.
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12. ADJOURNMENT =
At 8:50 Council reconvened into regular session.
At 8:50 p.m. Mayor Ralph adjourned the meeting. a
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Meeting ended at 8:50 p.m.
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Ki,4 e te,y A. KoTno-tcr
City Clerk
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Page 6 of 6 Packet Pg. 31
8.B
•
KENT
W A S M I N G T O N
DATE: May 7, 2024
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through 3/31/24
and paid on 3/31/24 and approve the checks issued for payroll 3/16/24 -
3/31/24 and paid on 4/5/24, all audited by the Committee of the Whole
on 4/16/24.
SUMMARY:
Approval of payment of the bills received through: 03/31/24
and paid 03/31/24
Approval of checks issued for Vouchers:
Date Document Numbers Amount
03/31/24 Wire Transfers 10111 10128 $2,492,942.42
03/31/24 Regular Checks 777288 777655 $4,695,564.47
03/31/24 Payment Plus 105840 105866 $66,922.90
Void Checks ($2,604.40)
Void Payment Plus $0.00
03/31/24 Use Tax Payable $2,114.67
Total Accounts Payable: $7,254,940.06
Approval of checks issued for Payroll: 3116/24-3/31/24
and paid 04/05/24
Date Document Numbers Amount
04/05/24 Checks $2,587,981.59
Voids and Reissues $0.00
04/05/24 Advices FR&P 463709 463715 $5,415.62
Total Payroll: $2,593,397.21
BUDGET IMPACT: None.
04/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 5/7/2024
7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner
Packet Pg. 32
8.0
•
KENT
W A S M I N G T O N
DATE: May 7, 2024
TO: Kent City Council
SUBJECT: Ordinance Amending KCC 9.36 Relating to Traffic Camera
Violation Fines — Adopt
MOTION: I move to adopt Ordinance No. 4487 amending sections 9.36.140
and 9.36.150 of the Kent City Code to incorporate state legislative changes
that take effect June 6, 2024 related to traffic safety camera violations.
SUMMARY: During the 2024 legislative session, the state adopted Engrossed
Substitute House Bill (ESHB 2384), which made a number of changes to the laws
concerning traffic safety cameras. The bill expanded the uses for which traffic
safety cameras could be used, placed limits on how revenue generated from some
traffic safety camera violations could be used, revised the fine amounts that apply
to traffic safety camera violations, and reduced fine amounts for first-time violators
who receive state public assistance.
The City of Kent currently uses traffic safety cameras to detect speed violations in
school zones and red-light traffic control violations. Because the Kent City Council
previously took action to limit how revenue generated from these camera violations
could be used within the City of Kent, the state legislature exempted revenue from
those cameras from the use limitations set out in ESHB 2384. As a result, the City
of Kent may continue to dedicate revenue generated from violations of its existing
traffic safety camera program to fund personnel, programs, services, and
equipment related to the enforcement and processing of traffic and criminal laws
within the City of Kent.
RCW 46.63.170(2) currently provides that traffic safety camera violations are to be
assessed a fine that does not exceed the fine amount assessed for parking
violations within the jurisdiction. Fines assessed in Kent for parking violations range
between $30 and $450. As such, fines for traffic safety camera violations in Kent
were set within that range. The current fine amount is $136, and for traveling at a
speed of 30 mph or more in a school zone, the fine is $248. The base fine of $136
for traffic safety camera violations was last adjusted on December 11, 2018,
through Ordinance No. 4298. No adjustments have been made to those fine
amounts to account for inflation.
Through ESHB 2384, the state legislature repealed RCW 43.63.170 and enacted a
new statute that uncouples fines for traffic safety camera violations from parking
Packet Pg. 33
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violations, and simply provides fines may not exceed $145, as that amount may be
adjusted for inflation by the state Office of Financial Management every five years,
beginning January 1, 2029, based upon changes in the consumer price index during
that time period. The legislature further provided authorization for the fine amount
to double for speed violations within school zones, which is consistent with fines
assessed for school zone violations that are on-viewed by police officers. The bill
also provides that registered owners of vehicles who receive state public assistance
or benefits through the Washington Women, Infants, and Children (WIC) program,
shall be granted upon request a reduction in the fine assessed for traffic safety
camera violations to an amount that is 50% of the original fine amount. However,
this fine reduction applies only to such registered owner's first traffic safety camera
violation, and subsequent traffic safety camera violations that occur within 21 days
of issuance of the first violation notice.
The ordinance presented to Council for consideration increases the base fine for
traffic safety camera violations from $136 to $145. Further, instead of doubling the
fine for all school zone speed violations captured by traffic safety cameras as
authorized by ESHB 2384, violations would only be subject to that increased fine
amount if the vehicle was traveling at a speed of 30 mph or more, i.e. 10 mph over
the posted 20 mph zone. These fine amounts would thereafter increase consistent
with any adjustments provided for by the state Office of Financial Management as
provided for by ESHB 2384.
BUDGET IMPACT: The budget impact is not yet known. While there will be an
unknown decrease in revenue for those violators who are on public assistance and
receive discounted fine amounts for first offenses, that decrease should be offset by
the slight increase in fine amounts.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. 9.36 KCC - Ordinance Revise Fines ESHB 2384 (PDF)
2. Engrossed Substitute House Bill 2384 (PDF)
04/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 5/7/2024
7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner
Packet Pg. 34
8.C.a
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ORDINANCE NO. 4487 CU
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AN ORDINANCE of the City Council of the a,
City of Kent, Washington, amending sections
9.36.140 and 9.36.150 of the Kent City Code to a
incorporate state legislative changes adopted
through ESHB 2384 that take effect June 6, 2024. M
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RECITALS =a
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A. During the 2024 legislative session, the state adopted a
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Engrossed Substitute House Bill (ESHB 2384), which made a number of
changes to the laws concerning traffic safety cameras. The bill expanded the
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uses for which traffic safety cameras could be used, placed limits on how
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revenue generated from some traffic safety camera violations could be used, to
revised the fine amounts that apply to traffic safety camera violations, and
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reduced fine amounts for first-time violators who receive state public m
assistance. vi
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B. The City of Kent currently uses traffic safety cameras to detect U_
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speed violations in school zones and red-light traffic control violations.
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Because the Kent City Council previously took action to limit how revenue
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generated from these camera violations could be used within the City ofcc
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Kent, the state legislature exempted revenue from those cameras from the
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use limitations set out in ESHB 2384. As a result, the City of Kent may
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Amend KCC 9.36 - Re: Traffic Safety
Camera Violations, Incorporate ESHB 2384
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Packet Pg. 35
8.C.a
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continue to dedicate revenue generated from violations of its existing traffic
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safety camera program to fund personnel, programs, services, and o
equipment related to the enforcement and processing of traffic and criminal
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laws within the City of Kent.
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C. RCW 46.63.170(2) currently provides that traffic safety camera U
violations are to be assessed a fine that does not exceed the fine amount
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assessed for parking violations within the jurisdiction. Fines assessed in Kent 0
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for parking violations range between $30 and $450. As such, fines for traffic
safety camera violations in Kent were set within that range. The current fine
amount is $136, and for traveling at a speed of 30 mph or more in a schoolCn
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zone, the fine is $248. The base fine of $136 for traffic safety camera
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violations was last adjusted on December 11, 2018, through Ordinance No. Y
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4298. No adjustments have been made to those fine amounts to account for
inflation. E
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D. Through ESHB 2384, the state legislature repealed RCW
43.63.170 and enacted a new statute that uncouples fines for traffic safety
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camera violations from parking violations, and simply provides fines may
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not exceed $145, as that amount may be adjusted for inflation by the state M
Office of Financial Management every five years, beginning January 1, 2029, M
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based upon changes in the consumer price index during that time period. _
The legislature further provided authorization for the fine amount to double w
for speed violations within school zones, which is consistent with fines
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assessed for school zone violations that are on-viewed by police officers. y
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E. For those registered owners of vehicles who receive state public
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assistance or benefits through the Washington Women, Infants, and
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Children (WIC) program, ESHB 2384 requires they be granted, upon 0`
request, a reduction in the fine assessed for traffic safety camera violations L)
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Amend KCC 9.36 - Re: Traffic Safety
Camera Violations, Incorporate ESHB 2384
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Packet Pg. 36
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to an amount that is 50% of the original fine amount. However, this fine c
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reduction applies only to such registered owner's first traffic safety camera c
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violation, and subsequent traffic safety camera violations that occur within
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21 days of issuance of the first violation notice. >
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F. This ordinance increases the base fine for traffic safety camera U
violations from $136 to $145. Further, instead of doubling the fine for all
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school zone speed violations captured by traffic safety cameras as 0
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authorized by ESHB 2384, violations would only be subject to an increased
fine amount if the vehicle was traveling at a speed of 30 mph or more, i.e. a
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10 mph over the posted 20 mph zone. These fine amounts would thereafter M
increase consistent with any adjustments provided for by the state Office of L)
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Financial Management as provided for by ESHB 2384. Y
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, E
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: a
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ORDINANCE
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SECTION 1. - Amendment KCC 9.36.140. Section 9.36.140 of the LO
Kent City Code, entitled "School speed zone traffic safety cameras", is M
hereby amended as follows: M
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Sec. 9.36.140. School speed zone traffic safety cameras. w
A. Authorized use of automated traffic safety cameras. Pursuant to the
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authority provided for by Ch. 46.63 RCW of RGW 46.63.170, the city is y
authorized to use automated traffic safety cameras and related automated
systems in order to detect, record, and enforce and prosecute school speed c
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zone violations.
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B. Limitation on photos - Use of photos. 6
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Amend KCC 9.36 - Re: Traffic Safety
Camera Violations, Incorporate ESHB 2384
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1. Limitation on photos. Automated traffic safety cameras may
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only take pictures of the vehicle and vehicle license plate and only while an o
infraction is occurring. The picture must not reveal the face of the driver or
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of passengers in the vehicle.
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2. Use of photos. Notwithstanding any other provision of law, all E
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photographs, microphotographs, or electronic images prepared under this U
section are for the exclusive use of law enforcement in the discharge of
duties under this section and are not open to the public and may not be used c
in a court in a pending action or proceeding unless the action or proceeding
relates to a violation under this section. No photograph, microphotograph,
or electronic image may be used for any purpose other than enforcement of M
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violations under this section nor retained longer than necessary to enforce L)
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this section.
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C. Infraction processing - Responsibilities - Presumption. E
1. In general. Infractions detected through the use of automated
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traffic safety cameras are not part of the registered owner's driving record
under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by 0
the use of automated traffic safety cameras shall be processed in the same
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manner as parking infractions, including for the purposes of RCW 3.50.100,
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35.20.220, 46.16A.120, and 46.20.270(23). M
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2. Notice of infraction. A notice of infraction must be mailed to the =
registered owner of the vehicle within 14 days of the violation, or to the N
renter of a vehicle within 14 days of establishing the renter's name and U-
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address under subsection (C)(4) of this section. The law enforcement officer
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issuing the notice of infraction shall include with it a certificate or facsimile
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thereof, based upon inspection of photographs, microphotographs, or
electronic images produced by an automated traffic safety camera, stating
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the facts supporting the notice of infraction. This certificate or facsimile is 6
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prima facie evidence of the facts contained in it and is admissible in a
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proceeding charging a violation under this section. Any citation or notice of r-
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infraction issued pursuant to this section may be initiated by electronic
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signature of the issuing police officer. The photographs, microphotographs,
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or electronic images evidencing the violation must be available for inspection E
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and admission into evidence in a proceeding to adjudicate the liability for U
the infraction. A person receiving a notice of infraction based on evidence
detected by an automated traffic safety camera may respond to the notice o
by mail.
3. Registered owner responsible - Rental car business. The W
registered owner of a vehicle is responsible for an infraction issued pursuant M
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to this section unless the registered owner overcomes the presumption in
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subsection (C)(5) of this section, or, in the case of a rental car business,
satisfies the conditions under subsection (C)(4) of this section. If appropriate
under the circumstances, a renter identified under subsection (C)(4) of this a
a�
section is responsible for an infraction.
4. Rental cars. If the registered owner of the vehicle is a rental
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car business, the law enforcement agency shall, before a notice of infraction
is issued under this section, provide a written notice to the rental car a
business that a notice of infraction may be issued to the rental car business
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if the rental car business does not, within 18 days of receiving the written m
notice, provide to the issuing agency by return mail: w
a. A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the a
infraction occurred; or
b. A statement under oath that the business is unable to
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determine who was driving or renting the vehicle at the time the infraction
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occurred because the vehicle was stolen at the time of the infraction. A p`
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statement provided under this subsection must be accompanied by a copy
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of a filed police report regarding the vehicle theft; or o
C. In lieu of identifying the vehicle operator, the rental car
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business may pay the applicable penalty.
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Timely mailing of the statements described in subsections (C)(4)(a) and (b) U
of this section to the issuing law enforcement agency relieves a rental car
business of any liability under this section for the notice of infraction. o
5. Presumption. Pursuant to RCW 46.63.075, in a traffic infraction
case involving an infraction detected through the use of an automated traffic
safety camera under this section, proof that the particular vehicle described M
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in the notice of traffic infraction was in violation of a law enforced through L)
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the use of the automated traffic safety camera, together with proof that the
person named in the notice of traffic infraction was at the time of the
violation the registered owner of the vehicle, constitutes in evidence a prima a
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facie presumption that the registered owner of the vehicle was the person
in control of the vehicle at the point where, and for the time during which,
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the violation occurred. This presumption may be overcome only if the
registered owner states, under oath, in a written statement to the court or a
in testimony before the court that the vehicle involved was, at the time,
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stolen or in the care, custody, or control of some person other than the m
registered owner. w
D. Infraction - Penalty. It shall be an infraction to exceed the posted
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speed limit in a school speed zone enforced through the use of an automated
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traffic safety camera. The penalty for an infraction committed in a school
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speed zone which is detected through the use of an automated traffic safety
camera shall be 145 6; provided, the penalty shall be 290$248 for a
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violation in which the vehicle was operated at a speed of 30 miles per hour 6
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or more. In addition to the fines provided herein, a violator may be assessed
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any costs and assessments as required or permitted by state law or court o
rule. The penalty assessed under this section shall adjust consistent with
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those inflation adjustments made by the state Office of Financial
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Management every five years, beginning January 1, 2029, based upon E
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changes in the consumer price index during that time period, as provided U
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for by Laws of 2024, Ch. 207 § 16.
Registered owners of vehicles who receive notices of infraction for o
automated traffic safety camera-enforced infractions and are recipients of
public assistance under Title 74 RCW or participants in the Washington
Women, Infants, and Children (WIC) program, and who request reduced M
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penalties for infractions detected through the use of automated traffic safety
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camera violations, must be granted reduced penalty amounts of 50% of
what would otherwise be assessed for a first automated traffic safety camera
violation and for subsequent automated traffic safety camera violations a
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issued within 21 days of issuance of the first automated traffic safety camera
violation. Eligibility for medicaid under RCW 74.09.510 is not a qualifying
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criterion under this subsection.
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E. Signs - Payment to vendor - Alternative enforcement.
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1. School zones must be signed. All locations where an automated M
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traffic safety camera is used must be clearly marked at least 30 days prior M
to activation of the camera by placing signs in locations that clearly indicate N
to a driver that he or she is entering a zone where traffic laws are enforced
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by an automated traffic safety camera.
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2. Payment made to vendor. The compensation paid by the city
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to the manufacturer or vendor of the automated traffic safety camera
equipment must be based only upon the value of the equipment and services
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provided or rendered in support of the system, and may not be based upon
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a portion of the fine or civil penalty imposed or the revenue generated by c
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the equipment. o
3. Alternative enforcement. Nothing in this section prohibits a law
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enforcement officer from issuing a notice of traffic infraction to a person in >
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control of a vehicle at the time a violation occurs pursuant to RCW E
46.63.030(1)(a), (b), or (c).
4 4-
F. Use of funds. Funds derived from the use of automated traffic safety 0
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cameras shall be used to pay the costs of administering the automated traffic
safety camera program, including but not limited to personnel costs, vendor a
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costs, and equipment costs. Funds in excess of these costs may be used to M
fund personnel, programs, services, and equipment related to the L)
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enforcement and processing of traffic and criminal laws within the city. Y
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G. Definition. For the purposes of this section_, "automated traffic safety E
camera" means a device that uses a vehicle sensor installed to work in a
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conjunction with an intersection traffic control system, a railroad grade
crossing control system, or a speed measuring device, and a camera o
synchronized to automatically record one or more sequenced photographs, LO
microphotographs, or electronic images of the front or rear of a motor M
vehicle at the time the vehicle fails to stop when facing a steady red traffic M
N
control signal or an activated railroad grade crossing control signal, or =
exceeds a speed limit in a school speed zone as detected by a speed w
measuring device; and "school speed zone" shall have the same meaning as
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described in RCW 46.61.440 (1) and (2).. y
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SECTION 2, - Amendment KCC 9.36.150. Section 9.36.150 of the
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Kent City Code, entitled "Stoplight traffic safety cameras", is hereby
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amended as follows:
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Sec. 9.36.150. Stoplight traffic safety cameras.
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A. Authorized use of automated traffic safety cameras. Pursuant to the o
authority of Ch. 46.63 RCW 6 63 17 , the city is authorized to use o
automated traffic safety cameras and related automated systems in order 2
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to detect, record, and enforce and prosecute stoplight violations. E
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B. Limitation on photos - Use of photos.
1. Limitation on photos. Automated traffic safety cameras may o
only take pictures of the vehicle and vehicle license plate and only while an
infraction is occurring. The picture must not reveal the face of the driver or
of passengers in the vehicle. M
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2. Use of photos. Notwithstanding any other provision of law, all
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photographs, microphotographs, or electronic images prepared under this
section are for the exclusive use of law enforcement in the discharge of
duties under this section and are not open to the public and may not be used a
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in a court in a pending action or proceeding unless the action or proceeding
relates to a violation under this section. No photograph, microphotograph,
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or electronic image may be used for any purpose other than enforcement of
violations under this section nor retained longer than necessary to enforce a
this section.
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C. Infraction processing - Responsibilities - Presumption.
1. In general. Infractions detected through the use of automated N
traffic safety cameras are not part of the registered owner's driving record
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under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by
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the use of automated traffic safety cameras shall be processed in the same
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manner as parking infractions, including for the purposes of RCW 3.50.100,
35.20.220, 46.16A.120, and 46.20.270(3).
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2. Notice of infraction. A notice of infraction must be mailed to the
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registered owner of the vehicle within 14 days of the violation, or to the r-
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renter of a vehicle within 14 days of establishing the renter's name and
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address under subsection (C)(4) of this section. The law enforcement officer
L
issuing the notice of infraction shall include with it a certificate or facsimile E
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thereof, based upon inspection of photographs, microphotographs, or U
electronic images produced by an automated traffic safety camera, stating
the facts supporting the notice of infraction. This certificate or facsimile is o
prima facie evidence of the facts contained in it and is admissible in a
proceeding charging a violation under this section. Any citation or notice of
infraction issued pursuant to this section may be initiated by electronic M
M
signature of the issuing police officer. The photographs, microphotographs, L)
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or electronic images evidencing the violation must be available for inspection
and admission into evidence in a proceeding to adjudicate the liability for
the infraction. A person receiving a notice of infraction based on evidence a
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detected by an automated traffic safety camera may respond to the notice
by mail.
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3. Registered owner responsible - Rental car business. The
registered owner of a vehicle is responsible for an infraction issued pursuant a
to this section unless the registered owner overcomes the presumption in
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subsection (C)(5) of this section, or, in the case of a rental car business, m
satisfies the conditions under subsection (C)(4) of this section. If appropriate w
under the circumstances, a renter identified under subsection (C)(4) of this
section is responsible for an infraction. a
4. Rental cars. If the registered owner of the vehicle is a rental
car business, the law enforcement agency shall, before a notice of infraction
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is issued under this section, provide a written notice to the rental car
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business that a notice of infraction may be issued to the rental car business o
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if the rental car business does not, within 18 days of receiving the written c
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notice, provide to the issuing agency by return mail: r-
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a. A statement under oath stating the name and known
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mailing address of the individual driving or renting the vehicle when the >
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infraction occurred; or E
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b. A statement under oath that the business is unable to U
determine who was driving or renting the vehicle at the time the infraction L
occurred because the vehicle was stolen at the time of the infraction. A o
statement provided under this subsection must be accompanied by a copy
of a filed police report regarding the vehicle theft; or
C. In lieu of identifying the vehicle operator, the rental car M
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business may pay the applicable penalty. L)
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Timely mailing of the statements described in subsections (C)(4)(a)
and (C)(4)(b) of this section to the issuing law enforcement agency relieves
a rental car business of any liability under this section for the notice of a
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infraction.
5. Presumption. Pursuant to RCW 46.63.075, in a traffic infraction
L
case involving an infraction detected through the use of an automated traffic
LO
safety camera under this section, proof that the particular vehicle described o
in the notice of traffic infraction was in violation of a law enforced through
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the use of the automated traffic safety camera, together with proof that the m
person named in the notice of traffic infraction was at the time of the w
violation the registered owner of the vehicle, constitutes in evidence a prima
facie presumption that the registered owner of the vehicle was the person a
in control of the vehicle at the point where, and for the time during which,
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the violation occurred. This presumption may be overcome only if the
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registered owner states, under oath, in a written statement to the court or cc
in testimony before the court that the vehicle involved was, at the time, p
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stolen or in the care, custody, or control of some person other than the
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registered owner. r-
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D. Infraction - Penalty. A driver facing a steady red traffic control signal
shall stop and shall remain stopped until an indication to proceed is shown.
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It shall be an infraction to proceed through a stoplight at the intersections U
of two arterials enforced through the use of an automated traffic safety
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camera. The penalty for a stoplight infraction detected through the use of 0
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an automated traffic safety camera shall be 1456. In addition to the o'
fine provided herein, a violator may be assessed any costs and assessments
as required or permitted by state law or court rule. The penalty assessed M
under this section shall adjust consistent with those inflation adjustments L)
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made by the state Office of Financial Management every five years Y
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beginning January 1, 2029, based upon changes in the consumer price index
during that time period, as provided for by Laws of 2024, Ch. 207 § 16. E
Registered owners of vehicles who receive notices of infraction for
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automated traffic safety camera-enforced infractions and are recipients of
public assistance under Title 74 RCW or participants in the Washington o
Women, Infants, and Children (WIC) program, and who request reduced
M
penalties for infractions detected through the use of automated traffic safety
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camera violations, must be granted reduced penalty amounts of 50% of N
what would otherwise be assessed for a first automated traffic safety camera
violation and for subsequent automated traffic safety camera violations N
issued within 21 days of issuance of the first automated traffic safety camera
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violation. Eligibility for medicaid under RCW 74.09.510 is not a qualifying
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criterion under this subsection.
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E. Signs - Payment to vendor - Alternative enforcement.
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1. Stoplight locations must be signed. All locations where an
automated traffic safety camera is used must be clearly marked at least 30 Y
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days prior to activation of the camera by placing signs in locations that c
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clearly indicate to a driver that he or she is entering a zone where traffic o
laws are enforced by an automated traffic safety camera.
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2. Payment made to vendor. The compensation paid by the city >
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to the manufacturer or vendor of the automated traffic safety camera E
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equipment must be based only upon the value of the equipment and services U
provided or rendered in support of the system, and may not be based upon L
a portion of the fine or civil penalty imposed or the revenue generated by o
the equipment.
3. Alternative enforcement. Nothing in this section prohibits a law
enforcement officer from issuing a notice of traffic infraction to a person in M
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control of a vehicle at the time a violation occurs pursuant to RCW L)
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46.63.030(1)(a), (b), or (c).
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F. Use of funds. Funds derived from the use of automated traffic safety E
cameras shall be used to pay the costs of administering the automated traffic
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safety camera program, including, but not limited to personnel costs, vendor
costs, and equipment costs. Funds in excess of these costs may be used to 0
LO
fund personnel, programs, services and equipment related to the
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enforcement and processing of traffic and criminal laws within the city.
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G. Definition. For the purposes of this section_. "automated traffic safety =
camera" means a device that uses a vehicle sensor installed to work in w
conjunction with an intersection traffic control system, a railroad grade
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crossing control system, or a speed measuring device, and a camera y
2
synchronized to automatically record one or more sequenced photographs,
microphotographs, or electronic images of the rear of a motor vehicle at the
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time the vehicle fails to stop when facing a steady red traffic control signal
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or an activated railroad grade crossing control signal, or exceeds a speed
limit in a school speed zone as detected by a speed measuring deviceL.and Y
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"school speed zone" shall have the same meaning as described in RCW c
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46.61.440 (1) and (2). o
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SECTION 3. - Severability. If any one or more section, subsection, >
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or sentence of this ordinance is held to be unconstitutional or invalid, such E
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decision shall not affect the validity of the remaining portion of this ordinance U
and the same shall remain in full force and effect. L
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SECTION 4. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
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authorized to make necessary corrections to this ordinance, including the M
correction of clerical errors; ordinance, section, or subsection numbering; or L)
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references to other local, state, or federal laws, codes, rules, or regulations. Y
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SECTION 5. - Effective Date. This ordinance shall take effect and be a
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in force thirty days from the time of final passage as provided for by law.
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May 7, 2024 0
DANA RALPH, MAYOR Date Approved U;
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ATTEST: 00
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May 7, 2024 w
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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May 10, 2024
Date Published
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APPROVED AS TO FORM: c
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TAMMY WHITE, CITY ATTORNEY L)
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CERTIFICATION OF ENROLLMENT o
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ENGROSSED SUBSTITUTE HOUSE BILL 2384 i
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Chapter 307, Laws of 2024 0
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68th Legislature '>
2024 Regular Session
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AUTOMATED TRAFFIC SAFETY CAMERAS
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EFFECTIVE DATE : June 6, 2024
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Passed by the House March 5, 2024 CERTIFICATE
Yeas 55 Nays 38
I, Bernard Dean, Chief Clerk of the m
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House of Representatives of the Q
LAURIE JINKINS State of Washington, do hereby v
Speaker of the House of certify that the attached is
Representatives ENGROSSED SUBSTITUTE HOUSE BILL
2384 as passed by the House of p
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate February 29, �y
2024 ..
Yeas 26 Nays 23 BERNARD DEAN 00
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Chief Clerk N
DENNY HECK m
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President of the Senate N
Approved March 26, 2024 2 :08 PM FILED =
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March 27, 2024
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Secretary of State
JAY INSLEE State of Washington W
Governor of the State of Washington a
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ENGROSSED SUBSTITUTE HOUSE BILL 2384
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AS AMENDED BY THE SENATE Q
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Passed Legislature - 2024 Regular Session
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State of Washington 68th Legislature 2024 Regular Session o
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By House Transportation (originally sponsored by Representatives o
Donaghy, Fitzgibbon, Walen, and Pollet) >
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READ FIRST TIME 02/05/24 . E
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1 AN ACT Relating to automated traffic safety cameras; amending RCW Y
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2 46 . 16A. 120, 46 . 63 . 030, 46 . 63 . 180, 46 . 63 . 075, and 46 . 68 . 480; adding 5
3 new sections to chapter 46 . 63 RCW; and repealing RCW 46 . 63 . 170 . m
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4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: c
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5 NEW SECTION. Sec. 1 . A new section is added to chapter 46 . 63 O
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6 RCW to read as follows :
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7 The definitions in this section apply throughout this section and
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8 sections 2 through 6 of this act unless the context clearly requires co
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9 otherwise . _
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10 (1) "Automated traffic safety camera" means a device that uses a N
11 vehicle sensor installed to work in conjunction with an intersection 0
12 traffic control system, a railroad grade crossing control system, or
13 a speed measuring device, and a camera synchronized to automatically w
14 record one or more sequenced photographs, microphotographs, or in
15 electronic images of the front or rear of a motor vehicle at the time w
16 the vehicle fails to stop when facing a steady red traffic control o
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17 signal or an activated railroad grade crossing control signal, or w
18 exceeds a speed limit as detected by a speed measuring device . c
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19 "Automated traffic safety camera" also includes a device used to E
20 detect stopping at intersection or crosswalk violations; stopping r
21 when traffic obstructed violations; public transportation only lane Q
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1 violations; stopping or traveling in restricted lane violations; and
2 public transportation bus stop zone violations detected by a public
3 transportation vehicle-mounted system. o
4 (2) "Hospital speed zone" means the marked area within hospital a
5 property and extending 300 feet from the border of the hospital
6 property (a) consistent with hospital use; and (b) where signs are 'L
c
7 posted to indicate the location is within a hospital speed zone,
8 where "hospital" has the same meaning as in RCW 70 . 41 . 020 .
9 (3) "Public park speed zone" means the marked area within public
10 park property and extending 300 feet from the border of the public E
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11 park property (a) consistent with active park use; and (b) where U
12 signs are posted to indicate the location is within a public park
13 speed zone . o
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14 (4) "Public transportation vehicle" means any motor vehicle, S
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15 streetcar, train, trolley vehicle, ferry boat, or any other device,
16 vessel, or vehicle that is owned or operated by a transit authority M
17 or an entityproviding service on behalf of a transit authority that U
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18 is used for the purpose of carrying passengers and that operates on Y
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19 established routes . "Transit authority" has the same meaning as c
20 provided in RCW 9 . 91 . 025 .
21 (5) "Roadway work zone" means an area of any city roadway, a
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22 including state highways that are also classified as city streets C
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23 under chapter 47 . 24 RCW, or county road as defined in RCW 46 . 04 . 150,
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24 with construction, maintenance, or utility work with a duration of 30
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25 calendar days or more . A roadway work zone is identified by the
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26 placement of temporary traffic control devices that may include
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27 signs, channelizing devices, barriers, pavement markings, and/or work CO
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28 vehicles with warning lights . A roadway work zone extends from the =
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29 first warning sign or high intensity rotating, flashing, oscillating, N
30 or strobe lights on a vehicle to the end road work sign or the last =
31 temporary traffic control device or vehicle .
32 (6) "School speed zone" has the same meaning as described in RCW w
33 46 . 61 . 440 (1) and (2) . in
34 (7) "School walk zone" means a roadway identified under RCW w
35 28A. 160 . 160 or roadways within a one-mile radius of a school that
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36 students use to travel to school by foot, bicycle, or other means of w
37 active transportation.
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38 NEW SECTION. Sec. 2 . A new section is added to chapter 46 . 63 r
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39 RCW to read as follows :
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1 (1) Nothing in this section prohibits a law enforcement officer
2 from issuing a notice of traffic infraction to a person in control of
3 a vehicle at the time a violation occurs under RCW 46 . 63 . 030 (1) (a) , -°a
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4 (b) , or (c) . i
5 (2) Any city or county may authorize the use of automated traffic c
6 safety cameras and must adopt an ordinance authorizing such use 'L
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7 through its local legislative authority. °
8 (3) The local legislative authority must prepare an analysis of °
9 the locations within the jurisdiction where automated traffic safety m
10 cameras are proposed to be located before adding traffic safety E
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11 cameras to a new location or relocating any existing camera to a new U
12 location within the jurisdiction. The analysis must include equity
13 considerations including the impact of the camera placement on o
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14 livability, accessibility, economics, education, and environmental S
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15 health when identifying where to locate an automated traffic safety
16 camera. The analysis must also show a demonstrated need for traffic M
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17 cameras based on one or more of the following in the vicinity of the U
18 proposed camera location: Travel by vulnerable road users, evidence Y
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19 of vehicles speeding, rates of collision, reports showing near 5
20 collisions, and anticipated or actual ineffectiveness or E
21 infeasibility of other mitigation measures . a
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22 (4) Automated traffic safety cameras may not be used on an on-
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23 ramp to a limited access facility as defined in RCW 47 . 52 . 010 .
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24 (5) A city may use automated traffic safety cameras to enforce
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25 traffic ordinances in this section on state highways that are also
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26 classified as city streets under chapter 47 . 24 RCW. A city government
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27 must notify the department of transportation when it installs an CO
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28 automated traffic safety camera to enforce traffic ordinances as =
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29 authorized in this subsection.
30 (6) (a) At a minimum, a local ordinance adopted pursuant to this
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31 section must contain the restrictions described in this section and °�'
32 provisions for public notice and signage . Cities and counties must w
33 also post such restrictions and other automated traffic safety camera in
34 policies on the city' s or county' s website . Cities and counties using w
35 automated traffic safety cameras before July 24, 2005, are subject to 0
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36 the restrictions described in this section, but are not required to w
37 adopt an authorizing ordinance .
38 (b) (i) Cities and counties using automated traffic safety cameras t
39 must post an annual report on the city' s or county' s website of the r
a
40 number of traffic crashes that occurred at each location where an
p. 3 ESH Packet Pg. 52
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1 automated traffic safety camera is located, as well as the number of
2 notices of infraction issued for each camera. Beginning January 1,
3 2026, the annual report must include the percentage of revenues o
4 received from fines issued from automated traffic safety camera a
i
5 infractions that were used to pay for the costs of the automated c
6 traffic safety camera program and must describe the uses of revenues 'L
c
7 that exceeded the costs of operation and administration of the 2
8 automated traffic safety camera program by the city or county. °
9 (ii) The Washington traffic safety commission must provide an m
10 annual report to the transportation committees of the legislature, E
U
11 and post the report to its website for public access, beginning July 2
12 1, 2026, that includes aggregated information on the use of automated
13 traffic safety cameras in the state that includes an assessment of o
a�
14 the impact of their use, information required in city and county S
ca
15 annual reports under (b) (i) of this subsection, and information on
16 the number of automated traffic safety cameras in use by type and M
CD
17 location, with an analysis of camera placement in the context of area U
18 demographics and household incomes . To the extent practicable, the Y
a�
19 commission must also provide in its annual report the number of 5
20 traffic accidents, speeding violations, single vehicle accidents, E
21 pedestrian accidents, and driving under the influence violations that a
a�
22 occurred at each location where an automated traffic safety camera is
c
23 located in the five years before each camera ' s authorization and
L
24 after each camera ' s authorization. Cities and counties using
LO
25 automated traffic safety cameras must provide the commission with the
M
26 data it requests for the report required under this subsection in a
v
27 form and manner specified by the commission. CO
N
28 (7) All locations where an automated traffic safety camera is =
m
29 used on roadways or intersections must be clearly marked by placing N
30 signs at least 30 days prior to activation of the camera in locations =
31 that clearly indicate to a driver either that : (a) The driver is
32 within an area where automated traffic safety cameras are authorized; w
33 or (b) the driver is entering an area where violations are enforced in
34 by an automated traffic safety camera. The signs must be readily w
35 visible to a driver approaching an automated traffic safety camera. o
a�
36 Signs placed in automated traffic safety camera locations after June w
37 7, 2012, must follow the specifications and guidelines under the a
38 manual of uniform traffic control devices for streets and highways as t
39 adopted by the department of transportation under chapter 47 . 36 RCW. r
a
40 All public transportation vehicles utilizing a vehicle-mounted system
p. 4 ESH packet Pg. 53
8.C.b
1 must post a sign on the rear of the vehicle indicating to drivers
2 that the vehicle is equipped with an automated traffic safety camera
3 to enforce bus stop zone violations . o
4 (8) Automated traffic safety cameras may only record images of a
i
5 the vehicle and vehicle license plate and only while an infraction is c
6 occurring. The image must not reveal the face of the driver or of LL
c
7 passengers in the vehicle . The primary purpose of camera placement is 2
8 to record images of the vehicle and vehicle license plate when an °
9 infraction is occurring. Cities and counties must consider installing
10 automated traffic safety cameras in a manner that minimizes the E
U
11 impact of camera flash on drivers .
12 (9) A notice of infraction must be mailed to the registered owner
13 of the vehicle within 14 days of the violation, or to the renter of a o
a�
14 vehicle within 14 days of establishing the renter ' s name and address S
ca
15 under subsection (17) of this section. The notice of infraction must
16 include with it a certificate or facsimile thereof, based upon M
CD
17 inspection of photographs, microphotographs, or electronic images U
18 produced by an automated traffic safety camera, stating the facts Y
a�
19 supporting the notice of infraction. This certificate or facsimile is c
20 prima facie evidence of the facts contained in it and is admissible E
21 in a proceeding charging a violation under this chapter. The a
a�
22 photographs, microphotographs, or electronic images evidencing the
c
23 violation must be available for inspection and admission into
L
24 evidence in a proceeding to adjudicate the liability for the
LO
25 infraction. A person receiving a notice of infraction based on
M
26 evidence detected by an automated traffic safety camera may respond
v
27 to the notice by mail .
N
28 (10) The registered owner of a vehicle is responsible for an =
m
29 infraction under RCW 46 . 63 . 030 (1) (d) unless the registered owner N
30 overcomes the presumption in RCW 46 . 63 . 075, or, in the case of a =
31 rental car business, satisfies the conditions under subsection (17)
32 of this section. If appropriate under the circumstances, a renter w
33 identified under subsection (17) (a) of this section is responsible in
34 for an infraction. w
35 (11) Notwithstanding any other provision of law, all photographs, o
a�
36 microphotographs, or electronic images, or any other personally w
37 identifying data prepared under this section are for the exclusive a
38 use of authorized city or county employees, as specified in RCW t
39 46 . 63 . 030 (1) (d) , in the discharge of duties under this section and r
a
40 are not open to the public and may not be used in a court in a
p. 5 E S H Packet Pg. 54
8.C.b
1 pending action or proceeding unless the action or proceeding relates
2 to a violation under this section. No photograph, microphotograph, or
3 electronic image, or any other personally identifying data may be o
4 used for any purpose other than enforcement of violations under this a
i
5 section nor retained longer than necessary to enforce this section. c
6 Transit authorities must provide to the appropriate local LL
c
7 jurisdiction that has authorized traffic safety camera use under 2
8 section 6 (2) of this act any images or evidence collected
9 establishing that a violation of stopping, standing, or parking in a
10 bus stop zone has occurred for infraction processing purposes M
U
11 consistent with this section.
12 (12) If a county or city has established an automated traffic
13 safety camera program as authorized under this section, the o
a�
14 compensation paid to the manufacturer or vendor of the equipment used S
ca
15 must be based only upon the value of the equipment and services
16 provided or rendered in support of the system and may not be based M
CD
17 upon a portion of the fine or civil penalty imposed or the revenue U
p p p Y P t�
18 generated by the equipment . If the contract between the city or Y
a�
19 county and manufacturer or vendor of the equipment does not provide
20 for performance or quality control measures regarding camera images, E
21 the city or county must perform a performance audit of the a
a�
22 manufacturer or vendor of the equipment every three years to review C
c
23 and ensure that images produced from automated traffic safety cameras
L
24 are sufficient for evidentiary purposes as described in subsection
LO
25 (9) of this section.
as
M
26 (13) (a) Except as provided in (d) of this subsection, a county or
v
27 a city may only use revenue generated by an automated traffic safety CO
N
28 camera program as authorized under this section for: _
m
29 (i) Traffic safety activities related to construction and N
30 preservation projects and maintenance and operations purposes =
31 including, but not limited to, projects designed to implement the (�'
32 complete streets approach as defined in RCW 47 . 04 . 010, changes in w
33 physical infrastructure to reduce speeds through road design, and in
34 changes to improve safety for active transportation users, including w
35 improvements to access and safety for road users with mobility, o
a)
36 sight, or other disabilities; and w
37 (ii) The cost to administer, install, operate, and maintain the a
38 automated traffic safety cameras, including the cost of processing
39 infractions . r
a
40 (b) Except as provided in (d) of this subsection:
p. 6 E S H packet Pg. 55
8.C.b
1 (i) The automated traffic safety camera program revenue used by a
2 county or city with a population of 10, 000 or more for purposes
3 described in (a) (i) of this subsection must include the use of o
4 revenue in census tracts of the city or county that have household a
i
5 incomes in the lowest quartile determined by the most currently c
6 available census data and areas that experience rates of injury LL
c
7 crashes that are above average for the city or county. Funding 2
8 contributed from traffic safety program revenue must be, at a °
9 minimum, proportionate to the share of the population of the county
10 or city who are residents of these low-income communities and E
U
11 communities experiencing high injury crash rates . This share must be U
12 directed to investments that provide direct and meaningful traffic
13 safety benefits to these communities . Revenue used to administer, o
a�
14 install, operate, and maintain automated traffic safety cameras, S
ca
15 including the cost of processing infractions, are excluded from W
16 determination of the proportionate share of revenues under this M
CD
17 subsection (13) (b) ; and U
c�
18 (ii) The automated traffic safety camera program revenue used by Y
a�
19 a city or county with a population under 10, 000 for traffic safety c
20 activities under (a) (i) of this subsection must be informed by the E
21 department of health' s environmental health disparities map. a
a�
22 (c) Except as provided in (d) of this subsection, beginning four
c
23 years after an automated traffic safety camera authorized under this
L
24 section is initially placed and in use after the effective date of
LO
25 this section, 25 percent of the noninterest money received for
M
26 infractions issued by such cameras in excess of the cost to
v
27 administer, install, operate, and maintain the cameras, including the
N
28 cost of processing infractions, must be deposited into the Cooper =
m
29 Jones active transportation safety account created in RCW 46 . 68 . 480 . N
30 (d) (i) (A) Jurisdictions with an automated traffic safety camera
x
31 program in effect before January 1, 2024, may continue to allocate °�'
32 revenue generated from automated traffic safety cameras authorized w
33 under sections 3 and 5 (2) (c) of this act as determined by the in
34 jurisdiction, as well as for the purposes established in (a) through w
35 (c) of this subsection, by: G
L
36 (I) Up to a 10 percent increase in the number of traffic safety w
37 camera locations authorized to detect violations for automated c
m
38 traffic safety cameras authorized under section 3 of this act; and
r
a
p. 7 E S H packet Pg. 56
8.C.b
1 (II) Up to a 10 percent increase in the number of traffic safety
2 camera locations authorized to detect violations for automated
3 traffic safety cameras authorized under section 5 (2) (c) of this act . o
4 (B) (I) Any automated traffic safety camera program in effect a
i
5 before January 1, 2024, with fewer than 10 traffic safety camera c
6 locations for automated traffic safety cameras authorized under LL
C
7 section 3 of this act, which adds automated traffic safety cameras to 2
8 one additional location for the use of cameras authorized under
9 section 3 of this act, may continue to allocate revenue generated
10 from automated traffic safety cameras authorized under section 3 of E
U
11 this act as determined by the jurisdiction, as well as for the U
12 purposes established in (a) through (c) of this subsection.
13 (II) Any automated traffic safety camera program in effect before o
a�
14 January 1, 2024, with fewer than 10 traffic safety camera locations S
ca
15 for automated traffic safety cameras authorized under section 5 (2) (c)
16 of this act as of January 1, 2024, which adds automated traffic M
CD
17 safety cameras to one additional location for the use of cameras U
18 authorized under section 5 (2) (c) of this act, may continue to Y
a�
19 allocate revenue generated from automated traffic safety cameras
20 authorized under section 5 (2) (c) of this act as determined by the E
21 jurisdiction, as well as for the purposes established in (a) through a
a�
22 (c) of this subsection. C
23 (C) For the purposes of this subsection (13) (d) (i) , a location
L
O
24 is :
LO
25 (I) An intersection for automated traffic safety cameras
M
26 authorized under section 3 of this act where cameras authorized under
v
27 section 3 of this act are in use; and CO
N
28 (II) A school speed zone for automated traffic safety cameras =
m
29 authorized under section 5 (2) (c) of this act where cameras authorized N
30 under section 5 (2) (c) of this act are in use .
x
31 (ii) The revenue distribution requirements under (a) through
32 (d) (i) of this subsection do not apply to automated traffic safety w
33 camera programs in effect before January 1, 2024, for which an in
34 ordinance in effect as of January 1, 2024, directs the manner in w
35 which revenue generated from automated traffic safety cameras o
a)
36 authorized under section 3 or 5 (2) (c) of this act must be used. W
w
37 (14) A county or city may adopt the use of an online ability-to- a
38 pay calculator to process and grant requests for reduced fines or t
39 reduced civil penalties for automated traffic safety camera r
a
40 violations .
p. 8 E S H Packet Pg. 57
8.C.b
1 (15) Except as provided in this subsection, registered owners of
2 vehicles who receive notices of infraction for automated traffic
3 safety camera-enforced infractions and are recipients of public o
4 assistance under Title 74 RCW or participants in the Washington a
i
5 women, infants, and children program, and who request reduced c
6 penalties for infractions detected through the use of automated 'L
c
7 traffic safety camera violations, must be granted reduced penalty 2
8 amounts of 50 percent of what would otherwise be assessed for a first
9 automated traffic safety camera violation and for subsequent
10 automated traffic safety camera violations issued within 21 days of E
U
11 issuance of the first automated traffic safety camera violation. U
12 Eligibility for medicaid under RCW 74 . 09 . 510 is not a qualifying
13 criterion under this subsection. Registered owners of vehicles who 0
a�
14 receive notices of infraction must be provided with information on S
ca
15 their eligibility and the opportunity to apply for a reduction in
16 penalty amounts through the mail or internet . M
CD
17 (16) Infractions detected through the use of automated traffic U
18 safety cameras are not part of the registered owner ' s driving record Y
aM
19 under RCW 46 . 52 . 101 and 46 . 52 . 120 . Additionally, infractions c
20 generated by the use of automated traffic safety cameras under this E
21 section must be processed in the same manner as parking infractions, a
a�
22 including for the purposes of RCW 3 . 50 . 100, 35 . 20 . 220, 46 . 16A. 120, C
23 and 46 . 20 . 270 (2) . The amount of the fine issued for an infraction
L
24 generated through the use of an automated traffic safety camera may
LO
25 not exceed $145, as adjusted for inflation by the office of financial
M
26 management every five years, beginning January 1, 2029, based upon
v
27 changes in the consumer price index during that time period, but may
N
28 be doubled for a school speed zone infraction generated through the =
m
29 use of an automated traffic safety camera. N
30 (17) If the registered owner of the vehicle is a rental car 0
x
31 business, the issuing agency must, before a notice of infraction
32 being issued under this section, provide a written notice to the w
33 rental car business that a notice of infraction may be issued to the in
34 rental car business if the rental car business does not, within 18 w
35 days of receiving the written notice, provide to the issuing agency
a�
36 by return mail : w
37 (a) A statement under oath stating the name and known mailing a
38 address of the individual driving or renting the vehicle when the t
39 infraction occurred; or r
a
P. 9 E S H packet Pg. 58
8.C.b
1 (b) A statement under oath that the business is unable to
2 determine who was driving or renting the vehicle at the time the
3 infraction occurred because the vehicle was stolen at the time of the o
4 infraction. A statement provided under this subsection must be a
i
5 accompanied by a copy of a filed police report regarding the vehicle c
6 theft; or LL
c
7 (c) In lieu of identifying the vehicle operator, the rental car
8 business may pay the applicable penalty. Timely mailing of this
9 statement to the issuing agency relieves a rental car business of any m
10 liability under this chapter for the notice of infraction. M
U
v
r-
11 NEW SECTION. Sec. 3. A new section is added to chapter 46 . 63
12 RCW to read as follows : o
a�
13 (1) Automated traffic safety cameras may be used to detect S
ca
14 stoplight violations, subject to section 2 of this act .
15 (2) Automated traffic safety cameras used to detect stoplight M
16 violations are restricted to intersections of two or more arterials U
17 with traffic control signals that have yellow change interval Y
a�
18 durations in accordance with RCW 47 . 36 . 022, which interval durations
19 may not be reduced after placement of the camera.
a
a�
20 NEW SECTION. Sec. 4 . A new section is added to chapter 46 . 63 C
21 RCW to read as follows :
L
22 (1) Automated traffic safety cameras may be used to detect
LO
23 railroad grade crossing violations, subject to section 2 of this act .
M
24 (2) Automated traffic safety cameras at railroad grade crossings
v
25 may be used only to detect instances when a vehicle fails to stop CO
N
26 when facing an activated railroad grade crossing control signal . _
m
m
27 NEW SECTION. Sec. 5. A new section is added to chapter 46 . 63 0
x
28 RCW to read as follows :
29 (1) Automated traffic safety cameras may be used to detect speed w
30 violations, subject to section 2 of this act . in
31 (2) Automated traffic safety cameras may be used to detect speed w
32 violations within the following locations : o
a)
33 (a) Hospital speed zones; w
34 (b) Public park speed zones;
35 (c) School speed zones;
36 (d) School walk zones; r
a
p. 10 E S H packet Pg. 59
8.C.b
1 (e) Roadway work zones, except that a notice of infraction may
2 only be issued if an automated traffic safety camera captures a speed
3 violation when workers are present; and o
4 (f) State highways within city limits that are classified as city a
i
5 streets under chapter 47 . 24 RCW.
6 (3) In addition to the automated traffic safety cameras that may 'L
c
7 be authorized for specified zones or roads in subsection (2) of this
8 section, the local legislative authority may authorize the use of one °
9 additional automated traffic safety camera per 10, 000 population to
10 detect speed violations in locations deemed by the local legislative E
U
11 authority to experience higher crash risks due to excessive vehicle U
12 speeds . For automated traffic safety cameras authorized to detect
13 speed violations as part of a pilot program prior to the effective o
a�
14 date of this section, the location must be deemed by a local S
ca
15 legislative authority to have experienced higher crash risks due to
16 excessive vehicle speeds prior to installation of the automated M
ai
17 traffic safety camera. U
18 (4) Notices of infraction for automated traffic safety camera- Y
a�
19 detected speed violations may not be issued to the registered vehicle c
20 owner of: m
E
21 (a) A marked fire engine equipped with emergency lights and a
a�
22 siren; or C
23 (b) An ambulance licensed by the department of health and
L
24 equipped with emergency lights and siren.
LO
co
as
M
25 NEW SECTION. Sec. 6. A new section is added to chapter 46 . 63
v
26 RCW to read as follows : CO
N
27 (1) (a) Subject to section 2 of this act and as limited in this =
m
28 subsection, automated traffic safety cameras may be used in cities N
29 with populations of more than 500, 000 residents to detect one or more =
30 of the following violations :
31 (i) Stopping when traffic obstructed violations; w
32 (ii) Stopping at intersection or crosswalk violations; in
33 (iii) Public transportation only lane violations; or w
34 (iv) Stopping or traveling in restricted lane violations . o
a)
35 (b) Use of automated traffic safety cameras as authorized in this w
36 subsection (1) is restricted to the following locations only: a
37 Intersections as described in section 3 (2) of this act; railroad E
38 grade crossings; school speed zones; school walk zones; public park r
a
39 speed zones; hospital speed zones; and midblock on arterials . The use
p. 11 E S H packet Pg. 60
8.C.b
1 of such automated traffic safety cameras is further limited to the
2 following:
3 (i) The portion of state and local roadways in downtown areas of o
4 the city used for office and commercial activities, as well as retail a
i
5 shopping and support services, and that may include mixed residential c
i
6 uses; iC
7 (ii) The portion of state and local roadways in areas in the city 2
8 within one-half mile north of the boundary of the area described in °
9 (b) (i) of this subsection;
10 (iii) Portions of roadway systems in the city that travel into E
U
11 and out of (b) (ii) of this subsection that are designated by the U
12 Washington state department of transportation as noninterstate
13 freeways for up to four miles; and c
a�
14 (iv) Portions of roadway systems in the city connected to the S
ca
15 portions of the noninterstate freeways identified in (b) (iii) of this
16 subsection that are designated by the Washington state department of M
CD
17 transportation as arterial roadways for u to one mile from the U
p Y P t�
18 intersection of the arterial roadway and the noninterstate freeway. Y
a�
19 (2) Subject to section 2 of this act, automated traffic safety c
20 cameras may also be used in cities with a bus rapid transit corridor E
21 or routes to detect public transportation only lane violations . a
a�
22 (3) Subject to section 2 of this act, automated traffic safety C
c
23 cameras that are part of a public transportation vehicle-mounted
L
24 system may be used by a transit authority within a county with a
LO
25 population of more than 1, 500, 000 residents to detect stopping,
M
26 standing, or parking in bus stop zone violations if authorized by the
v
27 local legislative authority with jurisdiction over the transit CO
N
28 authority. _
m
29 (4) Subject to section 2 of this act, and in consultation with N
30 the department of transportation, automated traffic safety cameras =
31 may be used to detect ferry queue violations under RCW 46 . 61 . 735 .
32 (5) A transit authority may not take disciplinary action w
33 regarding a warning or infraction issued pursuant to subsections (1) in
34 through (3) of this section against an employee who was operating a w
35 public transportation vehicle at the time the violation that was the o
a)
36 basis of the warning or infraction was detected. w
r
c
m
37 Sec. 7 . RCW 46 . 16A. 120 and 2012 c 83 s 5 are each amended to
38 read as follows : r
a
p. 12 E S H Packet Pg. 61
8.C.b
1 (1) Each court and government agency located in this state having
2 jurisdiction over standing, stopping, and parking violations, the use
3 of a photo toll system under RCW 46 . 63 . 160, the use of automated o
4 traffic safety cameras under ( (R 46 . 6Z3 . 1:�9) ) sections 2 through 6 a
i
5 of this act, and the use of automated school bus safety cameras under c
6 RCW 46 . 63 . 180 may forward to the department any outstanding: LL
c
7 (a) Standing, stopping, and parking violations;
8 (b) Civil penalties for toll nonpayment detected through the use °
9 of photo toll systems issued under RCW 46 . 63 . 160;
10 (c) Automated traffic safety camera infractions issued under RCW E
U
11 46 . 63 . 030 (1) (d) ; and
12 (d) Automated school bus safety camera infractions issued under
13 RCW 46 . 63 . 030 (1) (e) . c
a�
14 (2) Violations, civil penalties, and infractions described in S
ca
15 subsection (1) of this section must be reported to the department in
16 the manner described in RCW 46 . 20 . 270 (3) .
M
17 (3) The department shall : U
18 (a) Record the violations, civil penalties, and infractions on Y
a�
19 the matching vehicle records; and c
20 (b) Send notice approximately ( (ene lieie,T4�w�t m) ) 120 days in 0
21 advance of the current vehicle registration expiration date to the a
a�
22 registered owner listing the dates and jurisdictions in which the
c
23 violations, civil penalties, and infractions occurred, the amounts of
L
24 unpaid fines and penalties, and the surcharge to be collected. Only
LO
25 those violations, civil penalties, and infractions received by the
M
26 department ( (ene IidnE4Lae t—w -r,-;1r) ) 120 days or more before the current
v
27 vehicle registration expiration date will be included in the notice . co
N
28 Violations, civil penalties, and infractions received by the =
m
29 department later than ( (erne—Itr�r�eTt-, ent-m) ) 120 days before the N
30 current vehicle registration expiration date that are not satisfied =
31 will be delayed until the next vehicle registration expiration date .
32 (4) The department, county auditor or other agent, or subagent w
33 appointed by the director shall not renew a vehicle registration if in
34 there are any outstanding standing, stopping, and parking violations, w
35 and other civil penalties issued under RCW 46 . 63 . 160 for the vehicle
a�
36 unless :
w
37 (a) The outstanding standing, stopping, or parking violations and a
38 civil penalties were received by the department within ( (e e Iidn(4 d t
39 may) ) 120 days before the current vehicle registration expiration; r
a
40 (b) There is a change in registered ownership; or
p. 13 E S H packet Pg. 62
8.C.b
1 (c) The registered owner presents proof of payment of each
2 violation, civil penalty, and infraction provided in this section and
3 the registered owner pays the surcharge required under RCW 46 . 17 . 030 . o
4 (5) The department shall : a
i
5 (a) Forward a change in registered ownership information to the c
6 court or government agency who reported the outstanding violations, 'L
c
7 civil penalties, or infractions; and
8 (b) Remove the outstanding violations, civil penalties, and °
9 infractions from the vehicle record.
m
E
M
U
10 Sec. 8 . RCW 46 . 63 . 030 and 2023 c 17 s 1 are each amended to read U
11 as follows :
12 (1) A law enforcement officer has the authority to issue a notice o
a�
13 of traffic infraction:
ca
14 (a) When the infraction is committed in the officer ' s presence,
15 except as provided in RCW 46 . 09 . 485; M
16 (b) When the officer is acting on t�
u the request of a law U
p q
17 enforcement officer in whose presence the traffic infraction was Y
a�
18 committed;
19 (c) If an officer investigating at the scene of a motor vehicle E
20 accident has reasonable cause to believe that the driver of a motor a
a�
21 vehicle involved in the accident has committed a traffic infraction; C
22 (d) When the infraction is detected through the use of an
L
23 automated traffic safety camera under ( (RG;4 ) ) sections-2
LO
24 throuah 6 of this act . A trained and authorized civilian employee of
M
25 a General authority Washington law enforcement agency, as defined in
v
26 RCW 10 . 93 . 020, or an employee of a local public works or CO
N
27 transportation department performing under the supervision of a =
m
28 aualified traffic engineer and as designated by a city or county, has N
29 the authority to review infractions detected throuah the use of an 0
x
30 automated traffic safety camera under sections 2 throuah 6 of this
31 act and to issue notices of infraction consistent with section 2 (9) w
32 of this act . These employees must be sufficiently trained and '
33 certified in reviewing infractions and issuing notices of infraction w
34 by aualified peace officers or by traffic engineers employed in the o
CM
35 jurisdiction ' s public works or transportation dep Nothing in Nothin in w
36 this subsection impairs decision and effects collective baraainina c
d
37 rights under chapter 41 . 56 RCW; E
t
38 (e) When the infraction is detected through the use of an r
a
39 automated school bus safety camera under RCW 46 . 63 . 180 . A trained and
p. 14 E S H packet Pg. 63
8.C.b
1 authorized civilian employee of a General authority Washington law
2 enforcement agency, as defined in RCW 10 . 93 . 020, or an employee of a
3 local public works or transportation department performing under the o
4 supervision of a qualified traffic engineer and as designated by a a
i
5 city or county, has the authority to review infractions detected m
c
6 through the use of an automated school bus safety camera under RCW LL
c
7 46 . 63 . 180 and to issue notices of infraction consistent with RCW
8 46 . 63 . 180 (1) (b) . These employees must be sufficiently trained and °
9 certified in reviewing infractions and issuing notices of infraction
m
10 by q p ualified eace officers or by traffic engineers employed in the M
U
11 jurisdiction ' s public works or transportation department . Nothing in U
12 this subsection impairs decision and effects collective bargaining
13 rights under chapter 41 . 56 RCW; or o
a�
14 (f) When the infraction is detected through the use of a speed S
ca
15 safety camera system under RCW 46 . 63 . 200 .
16 (2) A court may issue a notice of traffic infraction upon receipt M
17 of a written statement of the officer that there is reasonable cause U
18 to believe that an infraction was committed. Y
a�
19 (3) If any motor vehicle without a driver is found parked, c
20 standing, or stopped in violation of this title or an equivalent E
21 administrative regulation or local law, ordinance, regulation, or a
a�
22 resolution, the officer finding the vehicle shall take its C
c
23 registration number and may take any other information displayed on
L
24 the vehicle which may identify its user, and shall conspicuously
LO
25 affix to the vehicle a notice of traffic infraction.
as
M
26 (4) In the case of failure to redeem an abandoned vehicle under
v
27 RCW 46 . 55 . 120, upon receiving a complaint by a registered tow truck CO
N
28 operator that has incurred costs in removing, storing, and disposing =
m
29 of an abandoned vehicle, an officer of the law enforcement agency N
30 responsible for directing the removal of the vehicle shall send a =
31 notice of infraction by certified mail to the last known address of
32 the person responsible under RCW 46 . 55 . 105 . The notice must be w
33 entitled "Littering—Abandoned Vehicle" and give notice of the )
34 monetary penalty. The officer shall append to the notice of y
35 infraction, on a form prescribed by the department of licensing, a °
a)
36 notice indicating the amount of costs incurred as a result of w
37 removing, storing, and disposing of the abandoned vehicle, less any
38 amount realized at auction, and a statement that monetary penalties t
39 for the infraction will not be considered as having been paid until r
a
40 the monetary penalty payable under this chapter has been paid and the
p. 15 ESH packet Pg. 64
8.C.b
1 court is satisfied that the person has made restitution in the amount
2 of the deficiency remaining after disposal of the vehicle .
Q.
0
3 Sec. 9. RCW 46 . 63 . 180 and 2013 c 306 s 716 are each amended to a
i
4 read as follows : m
c
5 (1) School districts may install and operate automated school bus 'L
c
6 safety cameras on school buses to be used for the detection of
7 violations of RCW 46 . 61 . 370 (1) if the use of the cameras is approved
8 by a vote of the school district board of directors . School districts m
9 are not required to take school buses out of service if the buses are E
U
10 not equipped with automated school bus safety cameras or functional U
11 automated safety cameras . Further, school districts shall be held
12 harmless from and not liable for any criminal or civil liability o
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13 arising under the provisions of this section. S
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14 (a) Automated school bus safety cameras may only take pictures of 0
15 the vehicle and vehicle license plate and only while an infraction is M
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16 occurring. The picture must not reveal the face of the driver or of U
P t�
17 passengers in the vehicle . Y
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18 (b) A notice of infraction must be mailed to the registered owner 5
19 of the vehicle within ( ( ) ) 14 days of the violation, or to E
20 the renter of a vehicle within ( ( ) ) 14 days of establishing a
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21 the renter ' s name and address under subsection (2) (a) (i) of this C
22 section. The ( (law enrEeLaeeme„} e�E�E'___ _s��„�e
_ � ) ) notice of �
L
23 infraction ( (Eil-nall) ) must also include a certificate or facsimile of
LO
24 the notice, based upon inspection of photographs, microphotographs,
M
25 or electronic images produced by an automated school bus safety
v
26 camera, stating the facts supporting the notice of infraction. This
N
27 certificate or facsimile is prima facie evidence of the facts =
m
28 contained in it and is admissible in a proceeding charging a N
29 violation under this chapter. The photographs, microphotographs, or 0
30 electronic images evidencing the violation must be available for
31 inspection and admission into evidence in a proceeding to adjudicate w
32 the liability for the infraction. A person receiving a notice of in
33 infraction based on evidence detected by an automated school bus w
34 safety camera may respond to the notice by mail . 0
L
0)
35 (c) The registered owner of a vehicle is responsible for an w
36 infraction under RCW 46 . 63 . 030 (1) (e) unless the registered owner a
37 overcomes the presumption in RCW 46 . 63 . 075, or, in the case of a t
38 rental car business, satisfies the conditions under subsection (2) of r
a
39 this section. If appropriate under the circumstances, a renter
p. 16 ESH packet Pg. 65
8.C.b
1 identified under subsection (2) (a) (i) of this section is responsible
2 for an infraction.
3 (d) Notwithstanding any other provision of law, all photographs, o
4 microphotographs, or electronic images prepared under this section a
i
5 are for the exclusive use of ( (law en€er-eeffient) ) authorized city or c
6 county emplovees, as specified in RCW 46 . 63 . 030 (1) (e) , in the 'L
c
7 discharge of duties under this section and are not open to the public
8 and may not be used in a court in a pending action or proceeding °
9 unless the action or proceeding relates to a violation under this
10 section. No photograph, microphotograph, or electronic image may be M
U
11 used for any purpose other than enforcement of violations under this U
12 section nor retained longer than necessary to enforce this section.
13 (e) If a school district installs and operates an automated o
a�
14 school bus safety camera under this section, the compensation paid to S
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15 the manufacturer or vendor of the equipment used must be based only 0
16 upon the value of the equipment and services provided or rendered in M
17 support of the system, and may not be based upon a portion of the U
PP Y � Y P P U
18 fine or civil penalty imposed or the revenue generated by the Y
a�
19 equipment . Further, any repair, replacement, or administrative work 5
20 costs related to installing or repairing automated school bus safety E
21 cameras must be solely paid for by the manufacturer or vendor of the a
a�
22 cameras . Before entering into a contract with the manufacturer or C
23 vendor of the equipment used under this subsection (1) (e) , the school
L
24 district must follow the competitive bid process as outlined in RCW
LO
25 28A. 335 . 190 (1) .
M
26 (f) Any revenue collected from infractions detected through the
v
27 use of automated school bus safety cameras, less the administration CO
N
28 and operating costs of the cameras, must be remitted to school =
m
29 districts for school zone safety projects as determined by the school N
30 district using the automated school bus safety cameras . The =
31 administration and operating costs of the cameras includes infraction
32 enforcement and processing costs that are incurred by local law w
33 enforcement or local courts . During the 2013-2015 fiscal biennium, in
34 the infraction revenue may also be used for school bus safety w
35 projects by those school districts eligible to apply for funding from o
a)
36 the school zone safety account appropriation in section 201, chapter w
37 306, Laws of 2013 .
38 (2) (a) If the registered owner of the vehicle is a rental car t
39 business, the ( (law enlEeiaeeffient) ) issuing agency shall, before a r
a
40 notice of infraction is issued under this section, provide a written
p. 17 E S H packet Pg. 66
8.C.b
1 notice to the rental car business that a notice of infraction may be
2 issued to the rental car business if the rental car business does
3 not, within ( (ei ) ) 18 days of receiving the written notice, -°a
4 provide to the issuing agency by return mail : a
i
5 (i) A statement under oath stating the name and known mailing c
6 address of the individual driving or renting the vehicle when the 'L
c
7 infraction occurred;
8 (ii) A statement under oath that the business is unable to °
9 determine who was driving or renting the vehicle at the time the
10 infraction occurred because the vehicle was stolen at the time of the E
U
11 infraction. A statement provided under this subsection (2) (a) (ii) 2
12 must be accompanied by a copy of a filed police report regarding the
13 vehicle theft; or o
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14 (iii) In lieu of identifying the vehicle operator, the rental car S
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15 business may pay the applicable penalty.
16 (b) Timely mailing of a statement under this subsection to the M
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17 issuing ( (Iaw enfleiFeemen}) ) agency relieves a rental car business of U
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18 any liability under this chapter for the notice of infraction. Y
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19 (3) For purposes of this section, "automated school bus safety
20 camera" means a device that is affixed to a school bus that is m
E
21 synchronized to automatically record one or more sequenced a
a�
22 photographs, microphotographs, or electronic images of the rear of a C
c
23 vehicle at the time the vehicle is detected for an infraction
L
24 identified in RCW 46 . 61 . 370 (1) .
LO
co
as
M
25 Sec. 10 . RCW 46 . 63 . 075 and 2023 c 17 s 2 are each amended to
v
26 read as follows : CO
N
27 (1) In a traffic infraction case involving an infraction detected =
m
28 through the use of an automated traffic safety camera under ( (RGWN
29 sections 2 throuah 6 of this act, detected through the =
30 use of a speed safety camera system under RCW 46 . 63 . 200, or detected
31 through the use of an automated school bus safety camera under RCW w
32 46 . 63 . 180, proof that the particular vehicle described in the notice in
33 of traffic infraction was in violation of any such provision of w
34 sections 2 throuah 6 of this act or RCW 46 . 63 . 200 ( (r) ) 0
a)
35 and 46 . 63 . 180, together with proof that the person named in the w
36 notice of traffic infraction was at the time of the violation the c
m
37 registered owner of the vehicle, constitutes in evidence a prima E
38 facie presumption that the registered owner of the vehicle was the r
a
p. 18 E S H packet Pg. 67
8.C.b
1 person in control of the vehicle at the point where, and for the time
2 during which, the violation occurred.
3 (2) This presumption may be overcome only if the registered owner o
4 states, under oath, in a written statement to the court or in a
i
5 testimony before the court that the vehicle involved was, at the c
6 time, stolen or in the care, custody, or control of some person other LL
c
7 than the registered owner.
0
8 Sec. 11 . RCW 46 . 68 . 480 and 2023 c 431 s 8 are each amended to
m
9 read as follows : M
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10 The Cooper Jones active transportation safety account is created U
11 in the state treasury. All receipts from penalties collected under
12 ( (RG;4 46 . 6� . 1�9) ) section 2 (13) (c) of this act and funds designated o
a�
13 by the legislature shall be deposited into the account . Expenditures S
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14 from the account may be used only to fund grant projects or programs
15 for bicycle, pedestrian, and nonmotorist safety improvement M
16 administered b the Washington traffic safety commission. B December U
Y g Y Y t�
17 1, 2024, and every two years thereafter, the commission shall report Y
0
18 to the transportation committees of the legislature regarding the c
19 activities funded from the account . The account is subject to E
20 allotment procedures under chapter 43 . 88 RCW. Moneys in the account a
a�
21 may be spent only after appropriation.
c
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L
22 NEW SECTION. Sec. 12 . RCW 46 . 63 . 170 (Automated traffic safety
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23 cameras—Definition) and 2022 c 182 s 424, 2022 c 182 s 423, 2020 c
M
24 224 s 1, 2015 3rd sp. s . c 44 s 406, 2015 1st sp. s . c 10 s 702, & 2013
v
25 c 306 s 711 are each repealed. M
N
Passed by the House March 5, 2024 . 00
Passed by the Senate February 29, 2024 . 3
Approved by the Governor March 26, 2024 . _
Filed in Office of Secretary of State March 27, 2024 .
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--- END --- w
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p. 19 E S H packet Pg. 68
8.D
140
KENT
DATE: May 7, 2024
TO: Kent City Council
SUBJECT: 2024 Traffic Signal Shop Lease - Authorize
MOTION: I move to authorize the Mayor to sign a Lease agreement with
Plemmons Industries, Inc., subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
SUMMARY: Public Works has leased approximately 5,600 square feet of warehouse
space for the traffic signal technicians since 2006. The existing lease expires at the
end of May 2024. The lease provides traffic signal technicians a space to store
equipment and parts for the traffic signal system and test and repair controllers and
other electronic devices. There is no space in existing city-owned facilities to house
these operations.
The proposed lease is $2,425.00 per month for rent plus a $800.00 common area
charge for a total of $3,225 per month. The proposed lease also requires a one-
time additional security deposit of $275.00.
The proposed new lease period is June 1, 2024 through May 31, 2027.
BUDGET IMPACT: No new budget impacts. This expense has been budgeted in the
Transportation Operating Budget
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Signal Shop Lease (PDF)
04/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 5/7/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner
Packet Pg. 69
8.D.a
PLEMMONS INDUSTRIES, INC.
1311 CENTRAL AVE SOUTH,SUITE 201 KENT,WASHINGTON 98032
TELEPHONE(253)854-2600 FACSIMILE(253)852-7368
PLEMMONS INDUSTRIES
...................1...11.A R1,,s"r," 1 o 6 s .._.................... BILLING:P.O.BOX 1068 KENT,WA 98035
www.plemmonsindustries.com
LEASE WAREHOUSE
THIS LEASE,dated the 29th day of February,2024„by and between PLEMMONS INDUSTRIES,INC..,as "Landlord",and
CITY OF KENT as "Tenant", is upon the following terms and conditions:
1. Premises: Landlord leases to Tenant and Tenant leases from Landlord the premises situated in Kent, Washington, (the N
"Premises")legally described as follows: o
t
Unit(s) 24 & 25, Plemmons Industrial Park, 1621 Central Avenue South, Kent, Washington, being a portion of
Lot 19,Horseshoe Acre Tracts to Kent, as per plat recorded in Volume 15 of Plats on Page 10, Records of King Q
County,Except the East 10 feet thereof conveyed to King County for Road; and Except the West 15 feet thereof,
Situate in the City of Kent,County of King, State of Washington. J
2.Term of Lease: The term of this Lease shall be for 3 (Three)Years,0(Zero)Months,and 0 (Zero)Days,and shall commence o
on the 1 st day of June,2024„ (the"Commencement Date")and end on the day of 31 st of May,2027„(the"Expiration Date"). U
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3. Minimum Rent; CAM Charges; Common Areas: a)Tenant covenants and agrees to pay to Landlord as base rental for the a�
Premises,without deduction,offset,prior notice or demand,in advance,a minimum monthly rental of$2,425.00(Two Thousand (n
Four Hundred Twenty-Five Dollars and 00/100). All rents specified herein to be paid to Landlord are payable in advance on ;2
or before the first day of each month during the term of this Lease. Rent shall be payable to the Landlord at P.O. Box 1068,
Kent, WA 98035, or to such other party or such other place as the Landlord may hereafter designate in writing. If Landlord
consents, Tenant may occupy the Premises prior to such commencement date upon payment of rent on a prorated basis and N
compliance with all terms of this Lease. Last Month Rent/CAM:Deposit increase of the lease term shall be paid upon execution N
of this lease, refer to Addendum C. Any monetary'amounts due under this lease agreement shall be considered "Rent" or
"Additional Rent." to
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b)Tenant shall pay to Landlord,as additional rents,an amount estimated by Landlord to be Tenant's share of Common N
Area Maintenance Charges("CAM Charge(s)")(as defined in this section). This amount is payable on or before the first day of
CD
each month during the term of this Lease. The monthly CAM Charge at the start of the lease term shall be $800.00 (Eight
Hundred Dollars and 00/100). The Landlord,can adjust the monthly CAM Charge at any time during the term of this Lease on o
the basis of Landlord's then reasonable anticipated costs for the current accounting period. An accounting period is one(1)full
calendar year, except that the first accounting period shall commence on the date the term commences and the last accounting
period shall end on the date the term expires or terminates. The term"Common Area Maintenance Charges"means and includes
all sums expended by Landlord for the supervision,management,operation,maintenance and repair of the common areas and an U)
allowance to Landlord for Landlord's supervision of maintenance and operation of the common areas, including without
limitation, the costs of each and all of the following items: sweeping; resurfacing and re-striping of parking lots; repainting; a)
building and improvements repair; landscaping; ice and snow removal;supplying directional signs and other markers;car stops; t
lighting;insurance premiums,water and all utilities not paid directly by Tenant;and other costs necessary in Landlord's judgment
for the supervision, management, operation, maintenance and repair of the common areas. CAM charges for the first and last Q
months of the lease term shall be paid upon execution of this lease.
c)Landlord reserves the right from time to time to alter said common areas and to exercise control and management of
the common areas and to establish,modify,change and enforce such rules and regulations as Landlord in its discretion may deem
necessary and desirable. Tenant agrees to abide by and conform to such rules and regulations and shall be responsible for
compliance by its employees,agents,customers and invitees. The failure of Landlord to enforce any of such rules and regulations
against Tenant shall not be deemed as a waiver of same. Landlord shall have the right to implement access hours to the common
areas or close all or any portion of common areas at such times and for such periods as may, in the opinion of the Landlord, be
necessary to prevent a dedication thereof, or to preserve the status thereof as private property, or to prevent the accrual of any
rights in any person;and Landlord may also close said common areas for purposed of maintenance and repairs as may be required
from time to time.
1A
1, INA I Packet Pg. 70
8.D.a
4.Security Deposit: Upon execution of this Lease,Tenant currently has on deposit$1,500.00(One Thousand Five Hundred
Dollars and 00/100), with Landlord (hereinafter referred to as "the Security Deposit"), to secure the faithful performance by
Tenant of each term, covenant and condition of the Lease. If Tenant at any time, fails to make any payment or fail to keep or
perform any term,covenant and condition on its part to be made or performed or kept under this Lease,Landlord may,but shall
not be obligated to and without waiving or releasing Tenant from any obligation under this Lease,use,apply or retain the whole
or any part of the Security Deposit(a)to the extent of any sum due to Landlord;(b)to make any required payment on Tenant's
behalf, or(c)to compensate Landlord for any loss, damage, attorneys' fees, or expense sustained by Landlord due to Tenant's
default. In such event, Tenant shall, within five(5) days of written demand by Landlord, remit to Landlord sufficient funds to
restore the Security Deposit to its original sum,and Tenant's failure to do so shall be considered a material breach of the Lease.
Tenant shall not be entitled to interest on such deposit. The rights of the Landlord against the Tenant for a breach of this Lease
shall in no way be limited or restricted by the Security Deposit,but Landlord shall have the absolute right to pursue any available
remedy to protect its interests herein, as if this deposit had not been made. Should Tenant comply with all the terms, covenants
and conditions required by this Lease,the Security Deposit,less any sums owing to Landlord,shall be returned to Tenant within
a reasonable time after termination of the Lease,vacation of the Premises by Tenant. Should the Premises be sold,Landlord may N
transfer or deliver the Security Deposit to purchaser of the interest and Landlord shall then be discharged from any further liability o
with respect to the Security Deposit.
Q
5. interest and Late Charges: (a)All amounts payable by Tenant to Landlord, including without limitation,rent,CAM
Charges,other charges due to Landlord and any amounts paid by Landlord on behalf of Tenant and reimbursable to Landlord,
not paid within ten(10)days of when due,as required herein,shall bear interest at the rate of twelve percent(12%)per year J
from the date of any delinquency in payment thereof to the date paid. In addition,Rent,CAM charges,and all other monies c-
owed are due and payable on the V day of each month.If however,all such amounts due have not been received by 0
Landlord by the 1st day of the month,Tenant shall incur a$75.00(Seventy Five Dollars and 00/100)late fee and on the 2"d of U)
the month and an additional$10.00(Ten Dollars and 00/100)a day charge for each day thereafter,until all monies are paid in
full.The late charges are due when late rent is paid.Rent can be mailed to P.6,Box 1068 Kent,WA 98035 and must be post
marked by the 15Lto avoid late penalties.
(b) Tenant agrees to pay Thirty-Eight and No/100 Dollars($38.00)to Landlord on any NSF check tendered to Landlord
by Tenant.The above late charge applies to rent for which payment has been attempted on a NSF check until said NSF check is ~
replaced with a cashier's or certified check. No personal checks will be accepted after the 2"d NSF check. c
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(c)Any amounts owed by Tenant under this Section shall be considered additional rent.
to
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6. Taxes; Assessments: Tenant agrees to pay any increase in real estate taxes due and payable on the Premises for each full
calendar year during the term of this Lease over the real estate taxes due and payable on the Premises for the year in which the y
Commencement Date occurs. On or before March 31st of each year, or as soon thereafter as reasonably practicable, Landlord
shall certify to Tenant,(a)the amount of the total increase,if any,in real estate taxes due and payable for that year for the project J
of which the Premises are a part(the"Project"),and(b)Tenant's"proportionate share"of the total increase,which shall be equal 0
to that portion of the total increase which bears the same relation to the total increase as the total floor area of the Premises bears cn
to the total floor area of all rentable space in the Project.Tenant shall pay the proportionate share so certified on or before April 7a
30 of such year,or within thirty(30)days of the date Landlord gives Tenant its certification.For the calendar year in which this _r
Lease terminates,the provisions of this section shall apply,but Tenant's liability for its"proportionate share"of any tax increase in
for said year shall be appropriately prorated. Should there presently be in effect or should there be enacted during the term of
this Lease, any law,statute or ordinance, levying any tax(other than Federal, State or local income tax)upon rents,Tenant shall E
pay such tax or shall reimburse Landlord on demand for any such taxes paid by Landlord. t
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Page 2 of 16
01A ot
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4 racket Pg. 71
8.D.a
7.Use of Premises: The Premises are to be used for the purpose of conducting therein the business of general warehouse use
for City of Kent and traffic signal maintenance shop, and for no other business or purpose without the written consent of
Landlord, which consent may be withheld in Landlord's sole discretion. If any change in the use of the Premises or alteration
thereof by Tenant results in an increase in Landlord's insurance premiums, Tenant, promptly upon request, shall reimburse
Landlord for the increased cost of such insurance. The common areas are NOT to be used for storage, car repair, washing of
vehicles or anything deemed as damaging to the property. Tenants agree not to store any food, perishable or hazardous items.
Tenant agrees to only store property which is wholly owned by Tenant.. Tenant agrees that no illegal goods or contraband of
anytime is permitted to be stored in unit. Occupant agrees to comply with all applicable laws(federal,state and local),rules and
regulations promulgated thereunder.Under no circumstance shall any living persons,or animals,reside in unit.Tenant shall not
store any items or materials which are flammable,combustible,or dangerous is any nature.Landlord reserves the right to disallow
any item to be stored on the Premises.
Tenant shall not build, attach or alter anything on or to the building walls, floor or ceiling with any fasteners. Tenant shall not
operate any type of heater,refrigerator,or any other large appliance within the storage Unit.] o
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(a)Prohibited Uses.Except as expressly permitted herein,the Tenant shall not use or allow the Premises to be used for
any improper,unlawful or objectionable purposes or do or permit anything to be done in,on or about the Premises,nor possess Q
or maintain anything therein which would(i)increase the existing rating of or affect any policy of fire or other insurance upon y
the Premises or any of its contents, or cause a cancellation of any insurance policy covering any part thereof or of any of its m
contents; (ii)obstruct or interfere in any way with the rights of the other tenants occupying the other commercial space within _J
the Premises or(iii)injure or unreasonably or unnecessarily annoy any of the other tenants of any buildings within the Premises 0
in terms of excessive noise or odors caused by the Tenant beyond those that would be expected from Tenant's type of business. co
The Tenant shall not cause,maintain,or permit any nuisance in,on or about the Premises,nor shall the Tenant commit or suffer
to be committed any waste in,on or about the Premises or the Exterior Common Area.Except as expressly permitted herein,the aM
Tenant shall not place any object or barrier within, or otherwise obstruct, the Exterior Common Area without the prior written co
V
approval of the Landlord.
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(b) Compliance with Laws. The Tenant shall at'all times comply with applicable laws, ordinances and regulations ~
14
promulgated by any governmental authority having jurisdiction over the Premises.`With the exception of any Additional Tenant c
Improvements by the Tenant, compliance with the Americans with Disabilities Act will be the responsibility of the Landlord. C`!
The Landlord shall not object to any requests for accommodations for the benefit of the employees or customers of the Tenant r-
that require physical modifications to the Premises,provided thaf(i)sucbmodifications to the Premises do not impose an undue CD
financial or administrative burden on the Landlord, (ii)the Tenant agrees4o pay for such modifications to the Premises,unless
the existing conditions are in violation of the Americans with Disabilitie§Act, in which case the Landlord shall be responsible y
for such modifications to the Premises, and(iii)the Tenant agrees to restore the Premises to its pre-existing condition(normal d
wear and tear excepted),unless the Landlord accepts such modifications and refuse such restoration to the Premises or unless the _J
existing conditions are in violation of the Americans with Disabilities Act, in which case the Landlord shall be responsible for o
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such desired restoration(if any). Cn
8. Conduct of Business: (a)Tenant shall not leave the Premises unoccupied or vacant,but shall continuously during the entire a�
term of this Lease carry on its business. Said business shall be kept open continuously each day during the hours customary for y
business of like character to be open.If the business is not continuously used for a period of 30 days or more it will be assumed
as abandoned.
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(b) Tenant shall not do anything which may injure the Building, commit waste on the Premises or be a nuisance or M
menace to other Tenants in the project. Tenant shall not allow any objectionable liquid, odor or noise to be emitted from the Q
Premises. Tenant shall not store gasoline or other highly combustible materials on the Premises, which would violate any
applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rate for the Premises.
Tenant shall not overload the floors of the Premises or the electrical lines and circuits in the Premises. If Tenant desires to use
electrical equipment that require more capacity than the capacity of the existing electrical lines and circuits in the Premises,then
before using such equipment Tenant shall, at its expense, increase the capacity of such lines and circuits. All such work and
changes shall comply with all applicable building and electrical codes and shall be subject to Landlord's prior consent. Tenant
shall not burn any trash of any kind in or about the Premises.
Page 3 of 16
F• I I Sc
A I Packet Pg. 72
8.D.a
(c)Tenant shall permit no damage to,or the defacement of the Premises. The plumbing facilities shall not be used for
any other purpose than that for which they were constructed, and no foreign substance of any kind shall be thrown therein. The
expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by Tenant.
9.Outside Storage:Tenant hereby agrees that no item(s)shall be stored outside of the unit.Tenant shall not keep or display any
merchandise or other personal property in areas outside the Premises or otherwise obstruct such areas. This includes all refuse
receptacles and other collection containers,whether personal or business related other than on the date of collection.Tenant shall
be allowed dumpsters up to 1-yard capacity, without Landlord's prior approval. Tenants using a dumpster understand that
dumpsters or cans must be kept inside the Premises. Tenant hereby agrees that all dumpsters and cans will comply with the
Uniform Fire Code, Section 11.20.1(d). The outside storage of any item is strictly prohibited and will be enforced.
Any Tenant storing an item outside of their unit will be served a 72 hour notice to comply and/or have their tenancy terminated.
10. Inside Storage: Tenant shall not store any item(s)above the office,restroom,or hallways. All storage must be on approved N
storage racking or on the warehouse floor surface. O
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11. Signs and Advertising: Tenant may erect signage stating its name, business or product only after first securing Landlord's Q
approval of the size,color,design and verbiage and all necessary governmental approvals ON DOOR WINDOWS ONLY. All
signage installed by Tenant shall be removed upon termination of this Lease with the sign location restored to its former state. U)
Tenant shall not install any signs or advertising media or window or door lettering or plaques visible from outside the Premises a)
without previous written consent of Landlord,except as hereinafter mentioned.The Tenant agrees to conform to the standard 3" a
white vinyl lettering. Tenant agrees not to use any advertising media that shall be objectionable to Landlord, such as loud 0
speakers,phonographs or radio broadcasts in a manner to be heard outside the Premises without the prior written permission of v)
the Landlord.No flags,Aboards or LED boards can be used on premises or in front of the premise.
M
12. Alterations and Improvements: Tenant shall make no alterations, additions or improvements to the Premises without (0
Landlord's prior written approval and without a valid building permit issued by the appropriate governmental agency. Detailed
plans and specifications for such alterations and improvements shall first be submitted and approved by the Landlord in writing.
Landlord shall not unreasonably withhold its approval.Tenant shall not install any exterior lighting fixtures, shades or awnings
or do any exterior decoration or painting, or make any structural alterations without the previous written consent of Landlord. c
Any and all such alterations, additions and improvements will be made in a good and workmanlike manner at the sole expense N
of Tenant.All alterations,additions,or other improvements that may be made on or to the Premises by either of the parties hereto,
to
except trade fixtures put in at the expense of Tenant, shall be the property of Landlord and'shall remain on and be surrendered rn
with the Premises as a part thereof at the termination of this Lease without hindrance,molestation, or injury by Tenant, except
that Landlord, at its option, may require Tenant, at Tenant's expense,to remove any part or all of the alterations, additions or N
improvements made by Tenant. Any injury caused by Tenant's moving its trade fixtures in and out of the Premises or by the y
removal of the alterations, additions or improvements made by Tenant shall be repaired by Landlord at Tenant's expense. Q.
0
Nothing contained herein, however, shall prohibit Tenant from making necessary, normal, and emergency repairs to said U)
improvements without Landlord's consent.
c
P
13. Property Damage or Personal Injury: Landlord shall not be liable for any personal property damage or personal injury in
occurring on or to the Premises or to any persons in or on the Premises including but not limited to: (1)any loss of property by
theft or burglary,(2)any damage to person or property on or about the Premises from the operation of any elevator or the use of E
any utility on the Premises,(3)any damage or injury caused by action of the natural elements,(4)any damage or injury resulting E
from the conduct of the employees of Tenant, whether negligent or otherwise, or(5)any damage or injury that may result from
any bursting, stoppage, or leakage of any water, steam,or gas pipe,sewer,basin,toilet,hot water tank, or drain. Q
14. Exterior Maintenance: Landlord shall repair and maintain the roof,gutters, downspouts, exterior walls, foundation, curbs
and exterior paved areas in good condition. Landlord shall be under no liability for repair of or maintenance to any store front
installed by Tenant. Except for such obligations of Landlord, Tenant shall keep the Premises neatly maintained and in good
order and repair. If the Premises has a separate entrance, Tenant shall keep the entrance free and clear of snow, ice, debris and
obstructions of every kind.
Page 4 of 16
�I.
- packet fig. 73
8.D.a
15. Interior Maintenance: Tenant shall,at its own expense maintain the interior of the Premises at all times in good condition
and repair,all in accordance with the laws of the State of Washington and in accordance with all directions and regulations of
any proper officer of the governmental agencies having jurisdiction,and Tenant shall comply with all requirements of law
touching the Premises other than with respect to structural repairs. Tenant's responsibility shall include maintenance and repair
of the electrical system,plumbing, drainpipes to sewers,air-conditioning and heating systems, doors and locks, including
overhead doors,carpet,blinds,windows and glass.Tenant will make sure to have a carpet or protection under all desks
and office chairs to maintain integrity of flooring. It is the responsibility of the Tenant to maintain pest and or rodent control
for the said interior Premises. At the expiration of the term hereof,Tenant shall surrender the Premises in good condition,
reasonable wear and tear and damage by fire or other casualty expected. The term"good condition"means the good physical
condition and cleanliness of the Premises and each portion of the Premises, including the items listed above,all alterations,
additions,or other improvements made by Tenant,and all trade fixtures installed by Tenant. In the event that Tenant request
Landlord to perform maintenance and/or repairs for Tenant's Office/warehouse interior,on Tenant's behalf,Tenant agrees to
pay Landlord a fee of$40.00 per hour plus the cost of parts and/or equipment rental. If such repairs and/or maintenance are
completed in less than an hour's time,$40.00 shall remain the minimum charge.All maintenance/repair costs&fees are due N
upon completion of work. O
t
16. Heating/Air Conditioning: Landlord, at its option, may initiate a maintenance program for Tenant's heating, ventilating, Q
and air conditioning system, if any, servicing the Premises. Tenant shall pay to Landlord, or at Landlord's election, directly to
the maintenance firm,the cost of such maintenance,which shall be in addition to the CAM Charges.
a�
17. Inspection and Repair: Tenant agrees and covenants that the Landlord or his agents at all reasonable times and during all J
0-
reasonable hours shall have free access to the Premises, and through any building or structure that may at any time be thereon, 0
or any part thereof, for the purpose of examining or inspecting the conditions of the same or of exercising any right or power v)
reserved to the Landlord under the terms and provisions of this Lease.
M
If Landlord deems any repairs required to be made by Tenant necessary, it may demand that Tenant make the same forthwith, N
and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch,Landlord may make
or cause such repairs to be made.
LLL
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Tenant agrees to forthwith,on demand,pay the Landlord the cost of labor and materials thereof with interest at 12%percent per c
year. 04
Tenant also hereby waives any claim for damages, including loss of business, resulting from any such repairs or alterations; rn
provided that in the exercise of its rights under this section,Landlord shall provide adequateaccess to the Premises and shall not
unreasonably interfere with the conduct of Tenant's business.
m
18.Parking Area:Landlord hereby grants to Tenant and to its employees,agents,customers and invitees the non-exclusive right J
for and during the term of this Lease,to use the parking area; such use to be in common with all other occupants of the project, o
whether as Tenants or as owners, and their employees,agents,customers and invitees. Guest parking is only for temporary use. y
This should not be used for overnight storage.Overnight parking is any vehicle that remains stationary for over 24 hours.Vehicles
in guest parking must only be onsite during working business hours. Tenant shall control the use of such parking spaces so that
there will be no unreasonable interference with the normal traffic flow,and shall not permit any parking in landscaped or unpaved in
surface. Landlord reserves the unrestricted right to make changes in the parking areas which shall at all times be subject to the
exclusive control and management of the Landlord.Landlord shall have the right from time to time to establish reasonable rules E
and regulations with respect to the parking areas. Under no circumstances shall trucks serving the Premises be permitted to block t
traffic flow.All vehicles must be road worthy and operational with current vehicle tags. No vehicle repair,washing, waxing, or
oil changes may be performed in the premises. Q
Unregistered, abandoned vehicles, cars parked in a designated handicap parking spot, parked in a Fire Lane, blocking the free
flow of traffic, or blocking a driveway will be towed immediately. Unfit and improperly parked vehicles are subject to tag and
towing, and 24 hours after a vehicle/trailer is tagged it will be towed. Towing is at owners' expense, and Landlord is not
responsible for notification to vehicle owner of towing. Towing will be performed by Payless Towing & Recovery. Location
is: 33905 Pacific Hwy S,Federal Way, WA 98003.Payless Towing's contact number is 253-941-4565.
Page 5 of 16
Af INA
Packet fig. 74
8.D.a
19. Liens; Exculpation; Tenant's Indemnity; Tenant is required to disclose any lien holders or secured parties who have an
interest in property that is or will be stored within Tenant's space.Name(s)and address(es)of all lien holders shall be disclosed
to Landlord, in writing, prior to the inception of tenancy, or as soon as reasonably possible. Tenant shall not allow any liens to
attach to the Premises as a result of its activities. Tenant is required to provide a name and address for delivery of any Notices
under this Lease.
Tenant shall defend, indemnify and hold Landlord harmless from and against any and all liability, claims, damages, costs and
expenses of any kind whatsoever, arising out of or relating to any injury to persons or property, or death of persons however
occurring on or about the Premises,except to the extent caused by Landlord's negligence of Landlord.
20.Tenant's Insurance:Tenant,at its cost,shall procure and maintain in full force and effect during the term of this Lease a policy
of commercial general liability insurance (including contractual liability and products and completed operations liability) with N
liability limits of not less than $2,000,000.00 (Two Million and No/100) single limit, insuring against all liability of Tenant, its O
employees, agents and contractors arising out of or in connection with Tenant's use and occupancy of the Premises and property
damage insurance with liability limits of not less than $2,000,000.00 (Two Million and No/100) . All such commercial general Q
liability and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 19 above. '
Landlord and Landlord's Agent shall be additional named insureds on such insurance policy. All insurance policies required to be U)
carried by Tenant under this Lease shall:(i)be issued by insurance companies authorized to do business in the State of Washington J
with a rating of A/VII or better as rated in the most recent edition of Best's Insurance Reports;(ii)be issued as a primary policy,and a
(iii)contain an endorsement requiring thirty(30)days'prior written notice from the insurance company to both Landlord and Tenant, 0
and, if requested by Landlord,to Landlord's lender,before cancellation or change in the coverage,scope,or amount of any policy. U)
Each policy or a certificate of the policy,together with evidence of payment of premiums, shall be deposited with Landlord on or
before the Commencement Date,and on renewal of the policy not less than ten(10)days before expiration of the term of the policy. aM
Landlord and tenant each hereby waive all rights of recovery against the other and against the officers,employees, independent
contractors, agents and representatives of the other, on account of loss by or damage to the waiving party of its property of the
property of others under its control, to the extent that such loss or damage is insured against under any Cause of Loss- Special
Form Insurance policy which either may have in force, or may be required by this Sublease Amendment to have in force, c
whichever is greater,at the time of the loss or damage.Each party shall,upon obtaining the policies of insurance required under 04
this Sublease Amendment, give notice to its insurance carrier or carriers that the foregoing mutual waiver of subrogation is �
contained in this lease, is such notice is required to give effect so such waiver. M
21. Personal Property Insurance: All personal property is the sole responsibility and risk of Tenant. Tenant understands that y
Landlord will not insure Tenant's personal property. To the extent Tenant does not obtain insurance coverage for the full value
of Tenant's personal property stored in or on the Premises, Tenant agrees that Tenant will personally assume all risk of loss, Q.
including without limitation,damage or loss by burglary,fire,vandalism or act of God. z
22. Release and Subrogation: Landlord and Tenant release each other, and their respective employees, agents and contractors,
from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Project and to Tenant's a�
alterations,additions and improvements,trade fixtures and personal property that are caused by or result from fire, lightening or Fn
any other perils normally included in an"all risk"or"special causes of loss"property insurance policy whether or not such loss
or damage is due to the negligence of Landlord,or its employees,agents or contractors,or of Tenant,or its employees,agents or
contractors. Landlord and Tenant shall cause each insurance policy obtained by it to provide that the insurance company waives t
all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy. M
Q
Page 6 of 16
Packet Pg. 75
8.D.a
23. Utilities and Amenities: Tenant shall fully and promptly pay for all water, sewer, storm drainage, natural gas, garbage
collection,telephone service,electricity, and all other public utilities of any kind furnished to the Premises throughout the term
hereof and all other costs and expenses of any kind whatsoever in connection with the use, operation, and maintenance of the
Premises and all activities conducted thereon. Landlord shall have no responsibility of any kind for any costs thereof and
Landlord shall have no liability resulting from any interruption of utility services caused by fire or other casualty, strike, riot,
vandalism,the making of necessary repairs or improvements, or any other cause beyond Landlord's reasonable control. If(i)
any utilities or services to the Premises are interrupted due to a cause within Landlord's reasonable control,and Tenant is unable to,
and does not,use the Premises as a result of such interruption,and(ii)Tenant shall have given notice respecting such interruption
to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within seven (7) consecutive days after
receiving such notice,then rent hereunder shall thereafter be abated until such time as such services or utilities are restored or Tenant
begins using the Premises again,whichever shall first occur. Such abatement of rent shall be Tenant's sole recourse in the event of
an interruption of services or utilities required to be provided by Landlord hereunder. Tenant shall control the temperature in the
Premises to prevent freezing of any plumbing or sprinkler system. N
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24. Assignment and Subletting: Tenant shall not assign or in any manner transfer this Lease or interest herein, or sublet the
Premises or any part thereof,or allow anyone to occupy the Premises,without the prior written consent of Landlord.At no time Q
is subleasing allowed.Any attempt to sublease could result in immediate eviction,forfeit of deposits,and remaining cost of lease
term due.Tenant shall not change the name under which it does business in the Premises without Landlord's prior written consent. W
m
25.Bankruptcy: If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code "Code" or a petition for reorganization or J
P Y� P P Y ( ) P g a
adjustment of debts is filed concerning Tenant under Chapters 11 or 13 of the Code,or a proceeding is filed under Chapter 7 of the 0
Code and is transferred to Chapters 11 or 13 of the Code, the Trustee or Tenant,as Debtor and as Debtor-In-Possession,may not CO
elect to assume this Lease or to assign this Lease to a third party unless,,at or before the time of such assumption and/or assignment, c
the Trustee or Tenant has:(a)cured all defaults under the Lease and paid all sums due and owing to Landlord under the Lease,and _M
(b)deposited with Landlord a sum equal to two(2)month's rent to be held by Landlord(without any allowance for interest thereon) CO
to secure Tenant's future performance under the Lease'.
L
26. Eminent Domain: If the whole of the Premises hereby leased shall be taken by eminent domain,then the term of this Lease ~
14
shall cease as of the day possession is taken by such public authority and the rent shall be paid up to that date. If only a part of c
the Premises shall be taken by eminent domain and the remainder of the Premises not so taken can be made tenantable for the N
purposes for which Tenant has been using the Premises,then this Lease shall continue in full force and effect as to the remainder r�
of the Premises and all of the terms herein provided shall continue in effect, except that the minimum rent shall be reduced in M
proportion to the amount of the Premises taken, and Landlord, at its own cost and expense, shall make all necessary repairs and �-
alterations in the Premises required by such taking;provided,however,that if more than fifty percent(50%)of the floor area of y
either the building in which the Premises are located or the Project shall be taken by eminent domain,,then Landlord may elect d
to terminate this Lease as of the date possession thereof is taken.All damages awarded for such taking shall belong to and be the J
CL
property of the Landlord whether such damages shall be awarded as compensation for diminution of the value of the leasehold o
or to the fee of the Premises, but Landlord shall not be entitled to any portion of the award made to Tenant for cost of removal aj
of stock and fixtures.
c
2
27. Destruction of the Premises: If the Premises are partially or totally destroyed by fire or other casualty,then Landlord may CO
elect to either(a)restore the Premises to substantially the same condition as they were in immediately before such destruction, or
(b)terminate this Lease effective as of the date of such destruction. If Landlord does not give Tenant notice within sixty(60)days E
after the date of such destruction of its election to restore the Premises,then Landlord shall be deemed to have elected to terminate z
this Lease. If Landlord elects to restore the Premises,then Landlord shall use commercially reasonable efforts to complete such M
restoration within one hundred eighty(180)days after the date on which Landlord obtains all permits necessary for such restoration, Q
provided,however,that such one hundred eighty(180)day period shall be extended by a period equal to any delays caused by Force
Majeure, and such destruction shall not terminate this Lease. The term "Force Majeure"means strikes, lockouts, labor disputes,
shortages of labor or materials,fire or other casualty,Acts of God or any other cause beyond the reasonable control of Landlord.
28.Default: The occurrence of any of the following shall constitute a default by Tenant under this Lease:
(a) Failure to Pay Rent. The failure by Tenant to make any payment of Minimum Monthly Rent,or pro-rata share of
taxes, insurance and CAM Expenses, or any other payment required to be made by Tenant hereunder, as and when due,where
such failure shall continue for a period of three(3)days after written notice thereof by Landlord to Tenant..
Page 7 of 16
9RIONA I
Packet fig. 76
8.D.a
(b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and Regulations, if any, if the
failure continues for a period of ten(10)days after notice of such default is given by Landlord to Tenant. If the failure to comply
cannot reasonably be cured within twenty-four(24)hours,then Tenant shall not be in default under this Lease if Tenant commences
to cure the failure to comply within twenty-four(24)hours and diligently and in good faith continues to cure the failure to comply.
(c) Other Defaults. Failure to perform any other provision of this Lease, if the failure to perform is not cured within ten
(10)days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within ten
(10) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within ten (10) days and
diligently and in good faith continues to cure the default.
(d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all
of the Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within
sixty(60)days;or the attachment,execution or other judicial seizure of substantially all of Tenant's assets located at the Premises
or of Tenant's interest in this Lease,where such seizure is not discharged within sixty(60)days. N
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(e)Insolvency of Tenant,a transfer by Tenant in fraud of creditors,or assignment by Tenant for the benefit of
creditors. '
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(f)Commencement by or against Tenant proceedings in bankruptcy,or for reorganization of Tenant,or for the re- N
adjustment or arrangement of Tenant's debts,whether under the Bankruptcy Act of the United States of America or under any J
other law,whether State or Federal,now or hereafter existing for the relief of debtors, or commencement of any analogous 0-
statutory or non-statutory proceeding involving Tenant. The acceptance by Landlord of Tenant's monthly payment as provided 0
in this Lease subsequent to the occurrence of any such event of default,or that set forth in subparagraph(e)below,shall be as U)
compensation for use and occupancy of the leased premises,and shall in no way constitute a waiver by Landlord of its right to c
exercise any of the remedies provided below on the occurrence of any event of default. aM
V
(g)Appointment of a Receiver or Trustee.The appointment of a trustee or receiver to take possession of substantially
all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant
within 60(Sixty)days;or the attachment,execution or other judicial seizure of substantially all of Tenant's assets located at the
Premises or of Tenant's interest in this Lease,where such seizure is not discharged within 60(Sixty)days. N
(h) Abandonment. The vacating or abandonment of the Premises by Tenant or the failure of Tenant to be open for
business for a continuous period in excess of 30 days (except in the event of damage'or destruction to the Premises or Force Cn
M
Majeure which prevents Tenant from conducting any,.business:thereon).
29. Remedies: On the occurrence of any of such events of default,Landlord shall have the option to pursue any one or more of J
the following remedies without any notice or demand whatsoever: J
0.
(a) Maintain Lease in Force. Maintain this Lease in full force and effect and recover the rent and other monetary charges U)
as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the c
Premises. If Landlord elects to not terminate the Lease,Landlord shall have the right to attempt to re-let the Premises at such rent _r
and upon such conditions and for such a term,and to do all acts necessary to maintain or preserve the Premises as Landlord deems U)
reasonable and necessary without being deemed to have elected to terminate the Lease including removal of all persons and property c
from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account CD
of Tenant. In the event any such re-letting occurs,this Lease shall terminate automatically upon the new Tenant taking possession
of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the term c�a
of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. Q
Page 8 of 16
WIN
�' Packet Pg. 77
8.D.a
(b) Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall
terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled
to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the
following: (i)The worth at the time of award of any unpaid Rent which had been earned at the time of such termination;plus(ii)
the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the
time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;plus(iii)the worth at
the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount
of such rental loss that is proved could be reasonably avoided;plus(iv)any other amount necessary to compensate Landlord for all
the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of
things would be likely to result therefrom,including without limitation,any costs or expenses incurred by Landlord in(A)retaking
possession of the Premises,including reasonable attorney fees therefor,(B)maintaining or preserving the Premises after such default,
(C)preparing the Premises for reletting to a new tenant,including repairs or necessary alterations to the Premises for such reletting,
(D)leasing commissions,and(E)any other costs necessary or appropriate to relet the Premises;plus(v)at Landlord's election,such
other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any N
such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which O
Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 29(b)(i)the"worth at the time of award"is
computed by allowing interest at the rate of twelve percent(12%)per year from the date of default. As used in Subsections 29(b)(ii) Q
and(iii)the"worth at the time of award"is computed by discounting such amounts at the discount rate of twelve(12%)per year.
d
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(c) Lien on Personal Property. All goods, wares, merchandise and property of any description stored in Tenant's J
unit/space are subjected to a lien for all unpaid charges, including by not limited to expenses of transfer, storage, sales, legalities, Q.
rents,fees and all other applicable charges and may even be sold by private or public sale to satisfy the lien,if that balance remains 0
unpaid for fourteen(14)consecutive days.Landlord may.then take possession of the premises and all of Tenant's property therein co
and store at the expense of Tenant.This lien and its enforcement are authorized by Ch.294.1988 Laws of Washington(RCW 19.150) c
as they are now or future amended.Any Notice of Lien shall be sent to the address listed in Section 31 below.
65
30. Deliveries to Premises and Trash: All deliveries of merchandise, supplies and materials to the Premises and removal of
trash,garbage and other waste shall be made at such hours and in accordance with such rules as Landlord shall prescribe for the 2
project. In event Landlord's rules so prescribe, Tenant shall provide adequate covered metal receptacles for trash, garbage and ~
other waste, located at Landlord's directions and shall not be visible to members of the public. Tenant shall not permit an c
accumulation of boxes,waste or other refuse`matter:All trash cans must be stored inside the unit unless it is on collection day. N
Any trash gathered from outside the Tenants immediate space will be rebilled a minimum of$40.00/hour and dump fees re-billed I-
to the Tenant.
31. Surrender on Termination: (a) On the expiration or sooner termination of this Lease, Tenant shall deliver all keys to y
Landlord,have final utility readings completed showing paid for by the date of move out,and surrender and vacate the Premises d
in good condition,clean and free of debris inside and out,with all mechanical,electrical and plumbing systems in good operating _J
CL
condition;all signage removed and any damage to the Premises resulting from removal of signage properly repaired to Landlord's o
reasonable satisfaction and all repairs called for under the Lease completed. The Premises shall be delivered in the same or better Cn
condition as at the commencement of the term,subject only to ordinary wear and tear. Tenant acknowledges that Tenant will be ra
charged for the cleaning of carpet,blinds, and any excess dirt, debris, and or rubbish caused by the nature of Tenant's business a�
and such will not be considered ordinary wear and tear. These cleaning charges are not included in the Non-Refundable Cleaning co
Fee. Should Tenant paint walls a different color or walls become excessively stained or dirty,Tenant will be held responsible at
Tenant's sole expense, for patching and priming walls prior to move-out. Tenant further agrees to remove all of its furnishings E
and trade fixtures that remain its property and properly repair all damage resulting from such removal to Landlord's reasonable z
satisfaction. Failure to remove said property shall be abandonment of same and Landlord may dispose of it in any manner M
without liability.Any trade fixtures left in the Premises after the expiration or sooner termination of this Lease shall be considered Q
as abandoned by the Tenant and shall become and remain property of Landlord.
(b)If Tenant fails to vacate the Premises upon the expiration or sooner termination of this Lease,then Landlord may
elect either(i)to treat Tenant as a tenant from month-to-month, subject to all provisions for term and for base rent which shall
be equal to 150%of the last monthly base rental plus all other charges,taxes and expenses to be paid to Landlord as specified
herein,or(ii)to eject Tenant from the Premises and recover damaged caused by wrongful holdover.
32. Subordination of Lease: Tenant agrees that it will, at any time upon request from Landlord, execute a subordination
agreement in recordable form, subordinating this Lease to any mortgage or mortgages, deed or deeds of trust, or other
encumbrance on the Premises which may be executed by the Landlord.
Page 9 of 16
R 10 k
Packet fig. 78
8.D.a
33.Building Planning:In the event Landlord requires the Premises for use in conjunction with another suite or for other reasons
connected with the Project planning program,upon notifying Tenant in writing,Landlord shall have the right to move Tenant to
other space in the Project, at Landlord's sole cost and expense, and the terms and conditions of the original Lease shall remain
in full force and effect, save and excepting that an "Exhibit" reflecting the location of the new space shall become part of the
Lease and Page 1 of this Lease shall be amended to include and state all correct data as to the new space. However, if the new
space does not meet with Tenant's approval, Tenant shall have the right to cancel this Lease upon giving Landlord thirty (30)
days notice within ten (10)days of receipt of Landlord's notification. If Tenant cancels this Lease pursuant to this Section 33,
Tenant shall vacate the Building and the Premises within thirty(30)days of its delivery to Landlord of the notice of cancellation.
34. Notice to Vacate: Tenant shall provide to Landlord a written notice of intent to vacate Premises. Said notice is to be
received by Landlord not less than ninety(90)days prior to the expiration of the lease term. If said intent is to vacate the
Premises after the expiration of the lease term,then Landlord may elect to treat Tenant as a month-to-month tenant,subject to
all provisions for term and for base rent which shall be equal to 150%of the last monthly base rental plus all other charges, N
taxes and expenses.Ninety(90)day written notice to vacate is still required prior to the expiration of the term. 0
z
35. Hold-Over: If the Tenant shall, with the written consent of Landlord,hold over after expiration of the term of the Lease, or Q
extension hereof, such tenancy shall be for an indefinite period of time on a month-to-month tenancy, which tenancy may be
terminated as provided by the laws of the State of Washington. During such tenancy, Tenant agrees to pay to the Landlord the U)
holdover rate as set forth in Paragraph 31(b),unless a different rate is agreed upon,and to be bound by all the terms,covenants, J
and conditions herein specified,as far as applicable. 0-
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36. Heirs and Successors: Subject to the provisions herein pertaining to assignment and sub-letting, the covenants and U)
agreements to this Lease shall be binding upon the heirs, legal representative, successors and assigns of any or all of the parties
hereto. a�
37. Notices: All notices to this Lease provided to be given by either party hereto shall be deemed to have been given, when
made in writing and deposited in the United States mail,and postage prepaid and addressed as follows:
H
TO LANDLORD: Plemmons Industries, Inc. N
0
P.O. Box;1068 N
Kent, WA 98035
to
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TO TENANT: City of Kent
Attn: Mike Sorensen
220 4th Ave S
m
Kent, WA 98032 J
Q.
0
The address to which any notice,demand or other writing may be given,made or sent to either party may be changed by written cCn
notice given by such party as above provided. '@
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38.Fees;Deposits: If Tenant vacates the Premises or defaults before the end of lease term,the last one month's rent and security U)
deposit shall be forfeited. This does not alleviate Tenant's monthly responsibility to the monthly rent. If Tenant faithfully
performs in accordance with the terms of this Lease,the rent on deposit will be applied to the last one month's rent, providing E
notice of termination is given in the timely manner set forth within. t
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Any violation of this lease agreement that requires a legal notice will have a reasonable fee charged to Tenant. Q
Tenant hereby agrees to pay a one-time$300.00(Three Hundred Dollars and 00/100)non-refundable cleaning fee,per unit,
upon move out.This fee excludes the cost of cleaning the carpet and blinds and servicing the HVAC unit(if any).
Tenant's using a dumpster understands that the dumpster or cans must be kept inside the Premises.All dumpsters or trash bins
need to be picked up before move-out.Landlord will not accept keys if receptacles are still on the property.
To change the name on this agreement the Tenant will receive an administration fee of$150.00 (One Hundred Fiftv Dollars
and 00/100).Any other lease changes are subject to additional fees.
Page 10 of 16
Packet fig. 79
8.D.a
39.Severability: If any provision of the Lease is held to be invalid,unenforceable or illegal,the remaining provisions shall not
be affected and will be enforced to the fullest extent permitted by law.
40.Attorney's Fees: If either party shall bring any action for relief against the other party,declaratory or otherwise,arising out of
this Lease, including any action by Landlord for the recovery of rent or possession of the Premises, any trial, any appeal, or any
post judgment proceedings,or if either party engages an attorney to represent it in connection with the bankruptcy or reorganization
of the other party,then the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to
have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
41.Time of Essence: Time is of the essence in this Lease and of every provision hereof.
42.Right to Change Name of Building:Landlord reserves the right to change the name or street address of the building without
notice or liability of Landlord to Tenant.
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43. Rider: Tenant and Landlord hereby agree that no paint spraying, or paint boxes, auto body, or auto repair, personal or O
otherwise,is to be conducted on the Premises.This premise is for commercial use only.It cannot in any way be used as a personal
residency,no showers,or household items are to occupy a warehouse space.No illegal activity is to occur on the Premises. Q
44. Environmental: The term "Environmental Law" shall mean any federal, state or local statute,regulation or ordinance or
any judicial or other governmental order pertaining to the protection of health,safety or the environment. The term"Hazardous J
Substance"shall mean any hazardous, toxic, infectious or radioactive substance, waste and material as defined or listed by any Q.
Environmental Law and shall include,without limitation,petroleum oil and its fractions. 0
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(a) Use of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked, c
disposed of or otherwise released on or under the Premises. Tenant may use and sell on the Premises only those Hazardous 2
Substances typically used and sold in the prudent and safe operation of the business permitted by Paragraph 7 of this Lease. CO
Tenant may store such Hazardous Substances on the Premises,but only in quantities necessary to satisfy Tenant's reasonably
anticipated needs. Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use,handling
and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous
Substances used,handled or stored on the Premises. N
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(b) Notices. Tenant shall immediately notify Landlord upon becoming aware of the following: (i) any spill, leak, r�
disposal or other release of a Hazardous Substance on,under or adjacent to the.Premises;(ii)any notice or communication from M
a governmental agency or any other person._relating:to any Hazardous Substance on,under or adjacent to the Premises; (iii)any
violation of any Environmental Law with respect to the Premises or Tenant's activities on or in connection with the Premises. y
M
a)
(c)Spills and Releases.In the event of a spill,leak,disposal or other release of a Hazardous Substance on or under the —J
Premises caused by Tenant or any of its contractors, agents or employees or invitees, or the suspicion or threat of the same, 0
Tenant shall(i)immediately undertake all emergency response necessary to contain,cleanup and remove the released Hazardous an
Substance, (ii) promptly undertake all investigatory, remedial, removal and other response action necessary or appropriate to M
ensure that any Hazardous Substances contamination is eliminated to Landlord's reasonable satisfaction, and (iii) provide r_
Landlord copies of all correspondence with any governmental agency regarding the release(or threatened or suspected release) CO
or the response action,a detailed report documenting all such response action,and a certification that any contamination has been
eliminated. All such response action shall be performed, all such reports shall be prepared and all such certifications shall be E
made by an environmental consultant reasonably acceptable to Landlord. z
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(d)Condition Upon Termination. Upon expiration of this Lease or sooner termination of this Lease for any reason, Q
Tenant shall remove all Hazardous Substances and facilities used for the storage or handling of Hazardous Substances from the
Premises and restore the affected areas by repairing any damage caused by the installation or removal of the facilities. Following
such removal,Tenant shall certify in writing to Landlord that all such removal is complete.
Page 11 of 16
INA
Packet fig. 80
8.D.a
(e) Indemnity by Tenant. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all
damages, charges,cleanup costs,remedial actions,costs and expenses,which may be imposed on, incurred or paid by,or asserted
against Landlord, the Premises or the Project by reason of, or in connection with (i)any misrepresentation, breach of warranty or
other default by Tenant under this Lease,or(ii)the acts or omissions of Tenant, or any of its contractors, agents or employees or
invitees, or any subtenant or other person for whom Tenant would otherwise be liable, resulting in the release of any Hazardous
Substance on the Premises or the Project. The provisions of this Section 44 shall survive the expiration or sooner termination of this
Lease.
45.The following Addendums are hereby incorporated and made part of this lease agreement: "A", "B", "C".
46.The following Exhibit is hereby incorporated and made part of this Lease agreement:"A".
47.All rents are calculated based on a per unit cost and not per square foot cost. (All warehouse square footages are estimated).
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48. The tenant is provided with bay door in working condition and no visual damage at the commencement of the lease term. o
Any damage to bay door due to Tenants negligence will be subject to a charge of$750.00 (Seven Hundred Fifty Dollars and
00/100)per each damaged panel.This amount is subject to change based on the cost to replace/repair.
Q
49. The tenant is provided with a working condition tract which contains no visual damage at the commencement of the lease N
term. Any damage to bay door tract due to Tenants negligence will be subject to a charge of$750.00 (Seven Hundred Fifty
Dollars and 00/100) for the replacement and or repair of bay door tract. This amount is subject to change based on the cost to J
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replace/repair. 0
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EXECUTED THIS DAY OF ,2024 ;2
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LANDLORD: PLEMMONS INDUSTRIES,INC. c
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ATTEST:
BY: N
Sherry Daffin,General Manager
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EXECUTED THIS DAY OF ,2024 in
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TENANT: CITY OF KENT E
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BY:
Dana Ralph, Mayor
Page 12 of 16
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Packet Pg. 81
8.D.a
ADDENDUM"A"
IMPORTANT INFORMATION FOR CENTRAL PARK TEN
WAREHOUSE TENANTS
PHONE NUMBER FOR UTILITIES AND SERVICES:
Puget Sound Energy 1-888-225-5773
Post Office(Kent-Main,to set up delivery) 253-520-7576
Republic Services 206-652-8832
Century Link 1-866-642-0444
Comcast 1-800-934-6489
UTILITIES/SERVICES:
Will have meter read as close to day of possession as possible. The Landlord will allow three (3) business days before N
instructing to discontinue service. It is the responsibility of the Tenant to contact the above utilities/services and put these O
services into their name prior to or on the first day of occupancy. The Gas and Electric Utility Services are provided by Puget z
Sound Energy. Tenant hereby understands that Tenant will be fully responsible for any charges incurred during the lease Q
term for services provided by said Puget Sound Energy Company. ,
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SIGNAGE: m
All window signage must be in uniform WHITE lettering. The suite door signage must be in the uniform lettering also. J
Signage is a Tenant cost.Raven Copy Center is familiar with our requirement,please call(253)220-8120. 0
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KEYS/LOCKS: @
Re-keying of any office/unit door is not permitted without the prior consent of the Landlord. Plemmons Industries Inc will a�
not release a key nor allow entry to any Tenants unit to any person(s) except lessee without the prior written consent of the co
lessee. Such consent memo must include full name of person and reason for key release. Person receiving key must have V
verifiable identification. NO EXCEPTIONS! Call the Property Manager for more information. All keys assigned at the M
commencement of Lease must be returned.Each key not returned will be$15.00/key. If no keys are returned the Tenant will H
be charged for a drill out and new lock fee of$150.00. N
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RENT PAYMENT:
Rent is due on the FIRST of each month. Are payments ire made out to PLEMMONS INDUSTRIES,INC.A NOTICEto
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OR INVOICE WILL NOT BE SENT OUT. It is the Tenant's responsibility to mail the rent payment or deliver it to the
main office during business hours. Monday-Friday 800.a.m. - 5:00 p.m. Tenants may mail the rent payment to Plemmons m
Industries,Inc.,P.O. Box 1068,Kent WA 98035. M
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WATER METERS: Q-
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Access to the unit for the sole purpose of reading the meter is hereby considered authorized by the Tenant.Report any water
leaks or running toilets immediately,tenants will be responsible for and billed for excessive usage caused by a leak. n
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WATER/SEWER/STORM DRAINAGE BILLING: 2
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Water meters will be read at time of occupancy or installation,and on the I`of the month and usage charges will be posted
on the 111. A Plemmons and a City of Kent access and backflow charge will be added to each unit in the amount of$3.00 d
(Three Dollars and 00/100), as well as a monthly City of Kent Sewer fee in the amount of$4.00 (Four Dollars and 00/100) E
per unit. Both of these charges are subject to change. A monthly City of Kent Strom Drainage Fee of$40.82(Forty Dollars
and 82/100)will be charged per unit(this is subject to change with a City of Kent rate change). The water/sewer and storm Q
drainage bill is due and payable with the next months rent&CAM payment on the first of the month.Water/sewer and storm
drainage bills not paid by the 10th of the month will incur a $25.00 (Twenty-Five Dollars) late fee. There is no grace
period. If a water meter is not installed in your unit,you will be billed a pro rata share of the remaining water bill from the
City of Kent.
Page 13 of 16
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Packet Pg. 82
8.D.a
MAINTENANCE
Please refer to paragraphs 14, 15, 16, and 17 of your lease. These paragraphs explain in detail the responsibility of both
Landlord and Tenant in regards to repairs and maintenance.If you have a problem and feel it is our responsibility,please call
(253)854-2600 and report it.We will attend to it in a timely manner and emergency needs will be seen to as soon as possible.
If you are a new Tenant and have occupied your unit for 30 days or less and experience a problem, call us. It could be
something we missed during our inspection and/or something we believe we should fix for you. Please feel free to call us if
you have any questions.
REBILLED MAINTENANCE COSTS:
The Tenant shall at its own expense maintain the interior of the Premises at all times,as well as all doors,windows and glass.
If the Tenant fails to maintain the Premises or to make such repairs,the Tenant hereby agrees that the Landlord's maintenance
staff shall make such repairs and bill the Tenant at the hourly rate of$40.00(Forty Dollars)plus the cost of materials. If an N
outside contractor of vendor is used, it will be charged back to the Tenant at their cost.
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GARBAGE:
Remember that garbage cans,dumpsters,recycling containers,and other trade related containers must be kept inside Q
your warehouse. They may be put out on pick-up day only.At no time is any trash to be left outside,including pallets. m
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Leaving trash/pallets/furniture outside is a violation of the lease and can result in significant fines&charges. f°
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DELIVERIES: c
Landlord accepts no responsibility for and is to be held harmless for any packages, materials,etc.,delivered to the corporate U)
offices by couriers or any delivery service for the Tenants.
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MAIL/MAIL BOXES: (n
If keys are not returned a drill out and a re-key charge fee of$150.00.For each individual mail key not returned,a$15.00 fee .2
will be charged. Contact the Main Post Office located at 10612 SE 240th in Kent regarding mail delivery and your mailbox. a
Their phone number is(253)852-3950. We cannot set up your mail service or handle your mail in any manner.
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PARKING/STORAGE: N
Do not park in front of any unit(s)other than your own. Center area parking is common parking for Tenants and customers
only.Guest parking does not allow overnight parking for Tenants or Guest. Storage of any vehicle or trailer is not permitted.
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Any vehicle leftover night, in guest-parking or another tenants parking spaces,without written consent of the Landlord will
be subject to immediate towing at owner's expense. Parking may be available for overnight parking at an additional monthly N
cost.All vehicles must be operational,as dictated by Washington Law.All trailers and trucks filled with items must be tarped.
CD
No garbage/trash is to be stored in truck beds or trailers.Failure to remove an unfit vehicle or trailer will result in removal by J
a tow company at the Tenant's expense. Any items left outside are subject to removal,without notice,by landlord at tenants o
cost. Removal costs starts at$25.00 per item, $40.00 per hour for labor fees, and any additional costs accrued for removal.
ALARM SYSTEM&SURVEILLANCE CAMERA:
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If you wish to install an alarm system,the Landlord does not object. However,you need to secure written permission from cn
the Landlord. When ascertaining permission for your alarm system,you must provide the Landlord with the pass code,name,
address,and phone number of alarm service provider and an emergency number to call in case of accidental activation of the E
system or an emergency. Tenant is allowed to put a camera on the outside of your unit. It can only be used for surveillance t
of the front of your unit. Nothing can be drilled into the outside of the building or bay door.
WAREHOUSE FLOORS:
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Painting of warehouse floors is strictly prohibited.
WAREHOUSE WALLS:
Nothing can be attached or bolted to any of the warehouse walls for support. If the unit is in a corner space and if a wall is
brick or concrete nothing is to damage or compromise the integrity of it.
Page 14 of 16
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8.D.a
SMOKING AND/OR USE OF TOBACCO PRODUCTS IS PROHIBITED IN ANY OF THE PLEMMONS
INDUSTRIAL PARK OFFICES OR BUILDINGS.
Call the Property Manager at(253)854-2600 if you have any needs or questions.
Landlord: PLEMMONS INDUSTRIES,INC.
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Sherry Daffin, General Manager Date o
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Tenant: CITY OF KENT J
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Dana Ralph,Mayor Date N
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EXHIBIT"A"
Page 15 of 16
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Packet Pg. 84
8.D.a
SIGN CRITERIA
Northwest
Tape & Audio
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Tape & 3x6 J
Aiticliti RECEIVING 12^X48" SHIPPING G
16 UP FROM D
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• All signs must be 3' X 6' and centered 16"up from door and windows(as per above sample.)
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• All signs must have radius corners,the body of the sign must be painted in Rodda Paint Company's CP 13 Pigeon
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#532001 with the edge trimmed in the Rodda Teal color#KT2496J 179 1. Any"shipping"or"receiving"signs will
be in the Pigeon color base with Teal letters. Q-
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• Use of any color of letters identifying your business name is acceptable and logos are also acceptable. �a
Advertising of any kind,however, is not acceptable. Phone numbers are not acceptable. a-
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• Only one sign per Tenant will be allowed.
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• All signs must be approved by the Landlord prior to installation. It is advised to have the drawing approved, t
prior to fabrication.
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In lieu of 3' x 6' sign above door,Tenant may install the following:
• White vinyl lettering of business name may be applied to window. Letters shall not exceed 3"in height and must
be centered on window, 16"down from top portion of window.
Page 16 of 16
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Packet fig. 85
8.E
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KENT
W A S M I N G T O N
DATE: May 7, 2024
TO: Kent City Council
SUBJECT: Reith Road Roundabouts - Additional Transportation
Improvement Board Grant Funding - Authorize
MOTION: I move to authorize the Mayor to accept additional grant funds in
the amount of $239,250 for a total grant funding amount of $1,834,250
from the Transportation Improvement Board for the Reith Road
Roundabouts project, amend the budget, and authorize the expenditure of
funds.
SUMMARY: On April 2, 2024, Council authorized award of the Reith Road
Roundabouts Project (Project) to Northwest Cascade, Inc.
The Project includes the construction of compact roundabouts at the intersections of
Reith Road and South 253rd Street and Reith Road and Lake Fenwick Road,
including illumination, storm drainage, water, and other utility work.
The Transportation Improvement Board (TIB) has authorized an additional
$239,250 of TIB funds for a total grant funding amount of $1,834,250 for this
Project. The City entered into an agreement with TIB in 2022. Under the terms of
this agreement, the City is allowed to request additional funding and an
amendment is not required.
BUDGET IMPACT: $239,250 in TIB grant funds will be added to the budget.
Remaining project cost will be paid for using a combination of funds from the Street
Fund and Transportation Impact Fees.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Transportation Improvement Board Approval to Award Letter (PDF)
04/16/24 Committee of the Whole MOTION PASSES
Packet Pg. 86
8.E
RESULT: MOTION PASSES [UNANIMOUS]Next: 5/7/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner
Packet Pg. 87
�gist,tn8t°n s�° 8.E.a
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Washington State
4 ' m Transportation Improvement Board
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TIB Members Q-
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Chair fC
Councilmember Sam Low L
Snohomish County March 28, 2024 ~
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Vice Chair
Mayor Hilda Gonzalez .0
City of Granger
Amy Asher Mr. Chad Bieren, P.E. a
Mason Transit Authority Public Works Director
Aaron Butters City of Kent
HW Lochner Inc. 220 4th Avenue South
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Susan Carter Hopelink Kent, WA 98032-5838
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Kent Cash
Port of Vancouver Dear Mr. Bieren:
Barbara Chamberlain 0
WSDOT
Elizabeth Chamberlain Based on your Updated Cost Estimate for the Reith Road project, TIB #
City of Walla Walla 8-1-106(034)-1, your authorized TIB funds are $1,834,250, which reflects an
Dongho Chang increase of $239,250. 00
WSDOT
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Scott Chesney Spokane County You may now award the construction contract. v
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Vicky Clarke J
Cascade Bicycle Club and Washington We would be happy to assist you with any questions. You can contact Greg
Bikes Armstrong, TIB Project Engineer, at (360) 586-1142 or via e-mail at
Andrew Denham Town of Twisp GregA@TIB.wa.gov. a O
Commissioner Al French
Spokane County Sincerely,
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Commissioner Scott Hutsell i
Lincoln County � Q'
Councilmember Jon Pascal � OPA4 6,4AQ
City of Kirkland
Les Reardanz Ashley Probart m
Whatcom Transportation Authority },
Executive Director
Peter Rogalsky N
City of Richland E
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Mayor Kim Roscoe 0
City of Fife cc: Tammy Johnson a
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Maria Thomas
Office of Financial Management 0
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Jennifer Walker l0
Thurston County
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Jane Wall y
County Road Administration Board
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Ashley Probart
Executive Director ++
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P.O.Box 40901
Olvmoia.WA 98504-0901
Investing in your local community Packet Pg. 88
8.F
140
KENT
DATE: May 7, 2024
TO: Kent City Council
SUBJECT: Lindental Generator Replacement Project - Accept as
Complete
MOTION: Authorize the Mayor to accept the Lindental Generator
Replacement Project as complete and release retainage to Saratoga
Craftsman, Inc. DBA Bainbridge Electric upon receipt of standard releases
from the State and the release of any liens.
SUMMARY: The project included installation of a new replacement generator,
automatic transfer switch, manual transfer switch, portable generator receptacle,
and various associated electrical modifications. The work was necessary to ensure
the sanitary sewer pump station will continue operation during power outages.
The final contract total paid was $220,224.44 which is $21,486.90 under the
original contract amount of $241,711.34.
BUDGET IMPACT: This was a budgeted project funded through the Sewer Utility.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 89
8.G
•
KENT
W A S M I N G T O N
DATE: May 7, 2024
TO: Kent City Council
SUBJECT: Ordinance Amending Chapter 9.02 of the Kent City Code -
Adopt
MOTION: I move to adopt Ordinance No. 4488, amending Chapter 9.02 of
the Kent City Code to incorporate new crimes adopted by the state during
the 2024 legislative session.
SUMMARY: Generally speaking, cities have the responsibility to enforce and
prosecute misdemeanor and gross misdemeanor crimes that occur within their
respective city limits. However, the city of Kent can only enforce and prosecute
through its Municipal Court those crimes or civil infractions that Kent has expressly
adopted by ordinance, either comprehensively through individual creation and
adoption, or by reference to a state statute. While Kent has adopted some Kent-
specific crimes, the majority of its criminal code is adopted by reference to state
crimes and enacted by the state Legislature over the years.
During its 2024 session, the state Legislature adopted a number of new laws which
establish new crimes and civil infractions. It is therefore appropriate to amend the
Kent City Code to incorporate them locally. Through Section 9.02.020, the Kent City
Code has adopted nearly all misdemeanors, gross misdemeanors, and Class C
felonies contained in the Revised Code of Washington ("RCW"). However, to provide
clarity as to new crimes that didn't previously exist, the Kent City Code is hereby
amended to specifically name new state law provisions. Other misdemeanor crimes
not previously adopted by specific reference have also been incorporated into the
ordinance and references to repealed sections of the RCW have been removed.
Because several of these new laws go into effect on June 6, 2024, this Ordinance is
proceeding to Committee of the Whole and Council on the same night - May 7,
2024.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Packet Pg. 90
8.G
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. 2024-2025 Criminal Code Update - Ordinance Amending KCC 9.02.030 (PDF)
2. 2024-2025 Criminal Code Update - Ord Exhibit Session Laws (PDF)
Packet Pg. 91
8.G.a
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ORDINANCE NO. 4488 2
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AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02 of E
the Kent City Code, entitled "Criminal Code," to (i) a
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adopt by reference misdemeanor crimes enacted by
the state legislature during its 2024 session for
application and enforcement in the City of Kent; (ii) o
adopt other misdemeanor crimes not previously
adopted by specific reference; and (iii) remove o
references to sections of the RCW repealed by the
state legislature during its 2024 session. M
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RECITALS U
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A. During its 2024 regular legislative session, the Washington
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State Legislature enacted several bills that added new criminal provisions E
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and civil infractions to the Revised Code of Washington ("RCW").' The Kent
1 These new offenses include: (i) prohibiting a person from intentionally removing, OL
altering or obliterating from a detached catalytic converter the last eight digits of
the originating VIN; (ii) prohibiting a person who is not a scrap processor licensed
under Ch. 46.79 RCW or vehicle wrecker licensed under Ch. 46.80 RCW to
Q.
knowingly possess, sell, or offer for sale seven or more detached catalytic M
converters that do not comply with marking requirements; (iii) prohibiting a person c
from trafficking in catalytic converters; (iv) prohibiting a person from willfully and U
without authority accessing or assisting another person to a voting center, election
office, ballot counting area, ballot storage area or any election system; (v) making
it a civil infraction for failing to report a lost or stolen firearm; (vi) prohibiting a v
person from knowingly and maliciously entering or remaining unlawfully on a school L,
bus; doing any other act that creates a substantial risk of harm to passengers or N
the driver; or causing a substantial interruption or impairment to services rendered
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by the school bus. o
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1 Criminal Code Amendments - c
2024 State Legislative Sessions E
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Packet Pg. 92
8.G.a
City Code has adopted by reference state misdemeanor laws, allowing those U
crimes to be prosecuted locally within the Kent Municipal Court. Once a state Y
law is adopted by reference into the Kent City Code, that reference is
sufficient for subsequent amendments the legislature may make to that N
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state law provision. However, because the Legislature adopted legislation can
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that created new crimes that did not previously exist, it is preferred to
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amend the Kent City Code to similarly adopt these new state law provisions U
by express reference to allow them to be locally enforced through the Kent
Municipal Court. E
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B. This ordinance also adopts other misdemeanor crimes not
previously adopted by specific reference into the Kent City Code', and 0
references to sections of the RCW the state legislature has repealed have 00
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similarly been removed.3
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, `V
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE a
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SECTION 1. - Amendment - KCC 9.02.030. Section 9.02.030 of the
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Kent City Code, entitled "Session laws not yet codified," is amended as cc
follows: O
as
as
z During its 2024 session, the legislature made changes to state law authorizing the v
court to order restitution for harm to natural resources or the environment following
conviction under RCW 90.48.140, which makes it a gross misdemeanor to violate
any provision of Ch. 90.48 RCW (water pollution control) or Ch. 90.56 RCW (oil and
hazardous substance spill prevention and response) or any final written orders or LO
directive of the Department of Ecology or a court. RCW 90.48.140 had not c
previously been expressly adopted by reference into the Kent City Code.
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3 These repealed offenses include RCW 9.68.060 and RCW 9.68.070. o
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2 Criminal Code Amendments - c
2024 State Legislative Sessions E
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Packet Pg. 93
8.G.a
Sec. 9.02.030 Session laws not yet codified. As the Washington U
State Legislature adopts new laws, those new laws occasionally become Y
effective before the state's Office of the Code Reviser is able to codify those r
4-
new laws into the RCW. Accordingly, the following session laws, as currently N
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enacted or as later amended or codified, are hereby adopted by reference
and shall be given the same force and effect as if set forth herein in full:
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None. U
1. Laws of 2024, Ch. 28, Election Security Breaches
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2. Laws of 2024, Ch. 286, Lost or Stolen Firearms E
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3. Laws of 2024, Ch. 301, Catalytic Converters - Theft
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4. Laws of 2024, Ch. 302, School Bus Trespass
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SECTION 2. - Amendment - KCC 9.02.060. Section 9.02.060 of the o
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Kent City Code, entitled "RCW Title 9, entitled "Crimes and Punishments" -
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Adoption by reference," is amended as follows:
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Sec. 9.02.060 RCW Title 9, entitled "Crimes and Punishments" �
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- Adoption by reference. The following RCW sections, as currently
enacted or as hereafter amended or recodified from time to time, are hereby
adopted by reference and shall be given the same force and effect as if set a
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forth herein in full:
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RCW
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9.01.055 Citizen immunity if aiding officer, scope - When. a
9.01.110 Omission, when not punishable. D
9.01.130 Sending letter, when complete.
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9.02.050 Concealing birth.
9.02.120 Unauthorized abortions - Penalty.
9.02.130 Defenses to prosecution. E
9.02.170 Definitions.
9.03.010 Abandoning, discarding refrigeration equipment. N
9.03.020 Permitting unused equipment to remain on premises. N
9.03.030 Violation of RCW 9.03.010 or 9.03.020. N
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9.03.040 Keeping or storing equipment for sale.
9.04.010 False advertising.
9.04.050 False, misleading, deceptive advertising. Y
9.04.070 False, misleading, deceptive advertising - Penalty.
9.04.090 Advertising fuel prices by service stations. c
9.08.030 False certificate of registration of animals - False o
representation as to breed.
9.08.065 Definitions. 2
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9.08.070 Pet animals - Taking, concealing, injuring, killing, etc. -
Penalty. U
9.08.072 Transferring stolen pet animal to a research institution - _
Penalty.
9.08.074 Transferring stolen pet animal to a person who has previously E
sold a stolen pet animal to a research institution - Penalty. Q
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9.08.076 Transferring stolen pet animal to a research institution by a
U.S.D.A. licensed dealer - Penalty.
9.08.078 Illegal sale, receipt, or transfer of pet animals - Separate o
offenses.
9.08.090 Acts against animal facilities. o
9.12.010 Barratry.
9.12.020 Buying, demanding, or promising reward by district judge or M
deputy.
9.16.005 Definitions. o
9.16.010 Removing lawful brands.
9.16.020 Imitating lawful brand. Y
9.16.030 Counterfeit mark - Intellectual property.
9.16.035 Counterfeiting - Penalties.
9.16.041 Counterfeit items - Seizure and forfeiture.
9.16.050 When deemed affixed.
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9.16.060 Fraudulent registration of trademark.
9.16.070 Form and similitude defined. cc
9.16.080 Petroleum products improperly labeled or graded - Penalty.
9.16.100 Use of the words "sterling silver," etc. 0
9.16.110 Use of words "coin silver," etc.
9.16.120 Use of the word "sterling" on mounting.
9.16.130 Use of the words "coin silver" on mounting.
9.16.140 Unlawfully marking article made of gold.
9.16.150 "Marked, stamped or branded" defined. G
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9.18.080 Offender a competent witness.
9.18.120 Suppression of competitive bidding.
9.18.130 Collusion to prevent competitive bidding - Penalty.
9.18.150 Agreements outside state. LO
9.24.010 Fraud in stock subscription. o
9.24.040 Corporation doing business without license. le
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9.26A.090 Telephone company credit cards - Prohibited acts.
9.26A.100 Definitions.
9.26A.110 Fraud in obtaining telecommunications service - Penalty. Y
9.26A.120 Fraud in operating coin-box telephone or other receptacle.
9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. c
9.26A.140 Unauthorized sale or procurement of telephone records - o
Penalties - Definitions.
9.27.015 Interference, obstruction of any court, building, or residence - a
Violations.
9.35.005 Definitions. U
9.35.010 Improperly obtaining financial information.
9.35.020 Identity theft.
9.35.030 Soliciting undesired mail. E
9.38.010 False representation concerning credit. Q
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9.38.015 False statement by deposit account applicant.
9.38.020 False representation concerning title.
9.38.060 Digital signature violations. o
9.40.040 Operating engine or boiler without spark arrester.
9.40.100 Tampering with fire alarm or firefighting equipment - False 00
alarm - Penalties. M
9.41.010 Definitions. o
9.41.040 Unlawful possession of firearms - Penalties.
9.41.050 Carrying firearms.
9.41.060 Exceptions to restrictions on carrying firearms.
9.41.070 Concealed pistol license - Application - Fee - Renewal. Y
9.41.080 Delivery to ineligible persons.
9.41.090 Dealer deliveries regulated - Hold on delivery - Fees
authorized.
9.41.0975 Officials and agencies - Immunity, writ of mandamus. E
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9.41.098 Forfeiture of firearms - Disposition - Confiscation.
9.41.100 Dealer licensing and registration required.
9.41.110 Dealer's licenses, by whom granted, conditions, fees -
Employees, fingerprinting and background checks - Wholesale 0
sales excepted - Permits prohibited.
9.41.113 Firearm sales or transfers - Background checks -
Requirements - Exceptions.
9.41.115 Penalties - Violations of RCW 9.41.113.
9.41.120 Firearms as loan security. G
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9.41.124 Purchasing of rifles and shotguns by nonresidents.
9.41.140 Alteration of identifying marks - Exceptions.
9.41.171 Alien possession of firearms - Requirements - Penalty.
9.41.173 Alien possession of firearms - Alien firearm license - Political LO
subdivisions may not modify requirements - Penalty for false N
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9.41.175 Alien possession of firearms - Possession without license - U
Conditions.
9.41.190 Unlawful firearms - Exceptions. Y
9.41.220 Unlawful firearms and parts contraband. Z
9.41.230 Aiming or discharging firearms, dangerous weapons. c
9.41.240 Possession of pistol or semiautomatic assault rifle by person N
from eighteen to twenty-one.
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9.41.250 Dangerous weapons - Penalty. a
9.41.251 Dangerous weapons - Application of restrictions to law CU
enforcement, firefighting, rescue, and military personnel. U
9.41.260 Dangerous exhibitions.
9.41.270 Weapons apparently capable of producing bodily harm -
Unlawful carrying or handling - Penalty - Exceptions. E
9.41.280 Possessing dangerous weapons on school facilities - Penalty - Q
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Exceptions.
9.41.282 Possessing dangerous weapons on child care premises -
Penalty - Exceptions. o
9.41.284 Possessing dangerous weapons at voting facilities - Penalty - ..
Exceptions. 00
9.41.290 State preemption. M
9.41.300 Weapons prohibited in certain places - Local laws and M
ordinances - Exceptions - Penalty.
9.41.305 Open carry of weapons prohibited on state capitol grounds and o
municipal buildings.
9.41.325 Undetectable or untraceable firearms - Penalties.
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9.41.326 Untraceable firearms - Exceptions - Penalties.
9.41.327 Unfinished frames or receivers - Exceptions - Penalties.
9.41.335 Failure to register as felony firearm offender.
9.41.340 Return of privately owned firearm by law enforcement agency Q
- Notification - Exception - Exemption from public disclosure -
Civil liability - Liability for request based on false information.
9.41.345 Return of privately owned firearm or concealed pistol license
by law enforcement agency - Duties - Notice - Exception. pL
9.41.350 Voluntary waiver of firearm rights - Procedure - Penalty
Exemption from public disclosure.
9.41.360 Unsafe storage of a firearm.
9.41.365 Firearm security and storage - Requirements for dealers.
9.41.390 Assault weapons - Manufacturing, importing, distributing, G
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selling prohibited - Exceptions - Penalty.
9.41.800 Surrender of weapons or licenses - Prohibition on future
possession or licensing.
9.41.810 Penalty. LO
9.44.080 Misconduct in signing a petition. N
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9.45.060 Encumbered, leased, or rented personal property - U
Construction.
9.45.070 Mock auctions. Y
9.45.080 Fraudulent removal of property.
9.45.090 Knowingly receiving fraudulent conveyance. c
9.45.100 Fraud in assignment for benefit of creditors. o
9.45.160 Fraud in liquor warehouse receipts. can
9.45.170 Penalty.
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9.45.210 Altering sample or certificate of assay. CU
9.45.220 Making false sample or assay of ore. U
9.45.260 Fire protection sprinkler system contractors - Wrongful acts.
9.45.270 Fraudulent filing of vehicle report of sale.
9.46.0201 "Amusement game." E
9.46.0205 "Bingo."
9.46.0209 "Bona fide charitable or nonprofit organization."
9.46.0213 "Bookmaking." �
9.46.0217 "Commercial stimulant."
9.46.0221 "Commission."
9.46.0225 "Contest of chance." 00
9.46.0229 "Fishing derby." M
9.46.0233 "Fund-raising event." M
9.46.0237 "Gambling."
9.46.0241 "Gambling device."
9.46.0245 "Gambling information."
9.46.0249 "Gambling premises." Y
9.46.0253 "Gambling record."
9.46.0257 "Lottery."
9.46.0261 "Member," "bona fide member."
9.46.0265 "Player." Q
9.46.0269 "Professional gambling."
9.46.0273 "Punchboards," "pull-tabs."
9.46.0277 "Raffle."
9.46.0282 "Social card game." 0
9.46.0285 "Thing of value."
9.46.0289 "Whoever," "person."
9.46.170 False or misleading entries or statements, refusal to produce
records.
9.46.185 Causing person to violate rule or regulation. G
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9.46.190 Violations relating to fraud, deceit, altering or misrepresenting,
betting, or gambling - Penalty.
9.46.195 Obstruction of public servant - Penalty.
9.46.196 Cheating - Defined. LO
9.46.1961 Cheating in the first degree. N
9.46.1962 Cheating in the second degree. le
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9.46.198 Working in gambling activity without license as violation - U
Penalty.
9.46.215 Ownership or interest in gambling device - Penalty - Y
Exceptions.
9.46.217 Gambling records - Penalty - Exceptions. c
9.46.221 Professional gambling in the second degree. N
9.46.222 Professional gambling in the third degree. can
9.46.228 Gambling activities by persons under age eighteen prohibited a
- Penalties - Jurisdiction - In-house controlled purchase
programs authorized. U
9.46.240 Gambling information, transmitting or receiving.
9.47.080 Bucket shop defined.
9.47.090 Maintaining bucket shop - Penalty. E
9.47.100 Written statement to be furnished - Presumption. Q
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9.47A.010 Definition.
9.47A.020 Unlawful inhalation - Exception.
9.47A.030 Possession of certain substances prohibited, when. o
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty. 00
9.51.010 Misconduct of officer drawing jury. M
9.51.020 Soliciting jury duty. M
9.51.030 Misconduct of officer in charge of jury.
9.51.040 Grand juror acting after challenge allowed.
9.51.050 Disclosing transaction of grand jury.
9.51.060 Disclosure of deposition returned by grand jury. Y
9.55.020 Witness refusing to attend legislature or committee or to
testify.
9.61.190 Carrier or racing pigeons - Injury to.
9.61.200 Carrier or racing pigeons - Removal or alteration of Q
identification.
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9.61.230 Telephone harassment. cc
9.61.240 Telephone harassment - Permitting telephone to be used.
9.61.250 Telephone harassment - Offense, where deemed committed. 0
9.62.010 Malicious prosecution.
9.62.020 Instituting suit in name of another.
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance. G
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9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
9.68.015 Obscene literature, shows, etc. - Exemptions.
9.68.030 Indecent articles, etc. LO
9.68.050 "Erotic material" - Definitions. o
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9.68.060 " n ng
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9.68.070 PFeseeut+en fer vmelatmen of DG\A/ 9.68.060 Defen Y
9.68.080 Unlawful acts.
9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. c
9.68.110 Motion picture operator or projectionist exempt, when. o
9.68.130 "Sexually explicit material" - Defined - Unlawful display. can
9.68.140 Promoting pornography - Class C felony - Penalties. a
9.68A.011 Definitions. CU
9.68A.050 Dealing in depictions of minor engaged in sexually explicit U
conduct. _
9.68A.060 Sending, bringing into state depictions of minor engaged in
sexually explicit conduct. E
9.68A.070 Possession of depictions of minor engaged in sexually explicit Q
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conduct.
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9.68A.075 Viewing depictions of a minor engaged in sexually explicit
conduct.
9.68A.080 Reporting of depictions of a minor engaged in sexually explicit
conduct - Civil immunity. 00
9.68A.090 Communication with minor for immoral purposes - Penalties. M
9.68A.102 Promoting travel for commercial sexual abuse of a minor - M
Penalty - Consent of minor does not constitute defense.
9.68A.103 Permitting commercial sexual abuse of a minor - Penalty -
Consent of minor does not constitute defense.
9.68A.110 Certain defenses barred, permitted. Y
9.68A.120 Seizure and forfeiture of property. a�
9.68A.150 Allowing minor on premises of live erotic performance -
Definitions - Penalty.
9.69.100 Duty of witness of offense against child or any violent offense Q
- Penalty.
9.72.090 Committal of witness - Detention of documents. cc
9.73.010 Divulging telegram.
9.73.020 Opening sealed letter. 0
9.73.030 Intercepting, recording, or divulging private communication
Consent required - Exceptions.
9.73.050 Admissibility of intercepted communication in evidence.
9.73.070 Persons and activities excepted from chapter.
9.73.080 Penalties. G
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9.73.090 Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080 - Standards - Court authorizations
- Admissibility.
9.73.100 Recordings available to defense counsel. LO
9.73.110 Intercepting, recording, or disclosing private communications - N
Not unlawful for building owner - Conditions. le
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9.73.230 Intercepting, transmitting, or recording conversations U
concerning controlled substances or commercial sexual abuse
of a minor - Conditions - Written reports required - Judicial Y
review - Notice - Admissibility - Penalties.
9.73.260 Pen registers, trap and trace devices, cell site simulator c
devices. N
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9.86.010 "Flag," etc., defined. can
9.86.020 Improper use of flag prohibited.
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9.86.030 Desecration of flag.
9.91.010 Denial of civil rights - Terms defined. U
9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated.
9.91.060 Leaving children unattended in parked automobile.
9.91.130 Disposal of trash in charity donation receptacle. E
9.91.140 Food stamps - Unlawful sale. a
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9.91.142 Food stamps - Trafficking.
9.91.144 Food stamps - Unlawful redemption.
9.91.150 Tree spiking. o
9.91.160 Personal protection spray devices.
9.91.170 Interfering with dog guide or service animal. 00
9.91.175 Interfering with search and rescue dog. M
9.92.020 Punishment of gross misdemeanor when not fixed by statute. M
9.92.030 Punishment of misdemeanor when not fixed by statute.
9.92.040 Punishment for contempt.
9.92.080 Sentence on two or more convictions or counts.
9.94.041 Narcotic drugs, controlled substances, alcohol, cannabis, other
Y
intoxicant, cell phone, or other form of electronic
telecommunications device - Possession, etc., by prisoners -
Penalty.
9.94A.518 Table 4 - Drug offenses seriousness level. Q
9.96.060 Vacating records of conviction for misdemeanor and gross
misdemeanor offenses.
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SECTION 3. - Amendment - KCC 9.02.620. Section 9.02.620 of the
Kent City Code, entitled "RCW Title 90, entitled "Water Rights
Environment" - Adoption by reference," is amended as follows:
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Sec. 9.02.620 RCW Title 90, entitled "Water Rights - �
Environment" - Adoption by reference. The following RCW sections, as
currently enacted or as hereafter amended or recodified from time to time, N
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are hereby adopted by reference and shall be given the same force and L)
effect as if set forth herein in full: Y
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RCW N
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90.36.050 Penalty - 1901 c 121. a�
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90.44.120 Penalty for waste or unauthorized use of water. a
90.48.140 Penalty.
90.58.220 General penalty. U
SECTION 4. - Adoptions by Reference. A true and correct copy of
the state laws adopted by reference in Sections 1 and 3 of this ordinance Q
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are attached as Exhibit A.
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SECTION 5. - Severability. If any one or more section, subsection,
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or sentence of this ordinance is held to be unconstitutional or invalid, such a
decision shall not affect the validity of the remaining portion of this ordinance M
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and the same shall remain in full force and effect. N
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SECTION 6. - Corrections by City Clerk or Code Reviser. Upon Y
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or Q
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references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 7. - Effective Date. This ordinance shall take effect and be
in force thirty days from the time of final passage, as provided by law. �
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May 7, 2024
DANA RALPH, MAYOR Date Approved N
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ATTEST:
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May 7, 2024
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o
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May 10, 2024
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Date Published 2
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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CERTIFICATION OF ENROLLMENT d
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SENATE BILL 5843 V
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Chapter 28, Laws of 2024 Y
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68th Legislature o
2024 Regular Session c
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ELECTION SECURITY BREACHES m
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EFFECTIVE DATE: June 6, 2024
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Passed by the Senate February 2, 2024 CERTIFICATE M
Yeas 46 Nays 3
I, Sarah Bannister, Secretary of 3
the Senate of the State of J
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SENATE BILL 5843 as
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passed by the Senate and the House N
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of Representatives on the dates
hereon set forth.
Passed by the House February 27, 2024 z
Yeas 58 Nays 37 W
SARAH BANNISTER 'a
LAURIE JINKINS Secretary '
Speaker of the House of a
Representatives Q.
Approved March 13, 2024 11:16 AM FILED m
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March 14, 2024 V
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Secretary of State
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JAY INSLEE State of Washington N
Governor of the State of Washington c
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SENATE BILL 5843
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Passed Legislature - 2024 Regular Session v
State of Washington 68th Legislature 2024 Regular Session v
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By Senators Nguyen, Boehnke, Hasegawa, Hunt, Kuderer, Mullet, Nobles,
Randall, and Valdez; by request of Secretary of State
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Prefiled 12/14/23 . Read first time 01/08/24 . Referred to Committee o
on State Government & Elections . NN
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1 AN ACT Relating to security breaches of election systems and
2 election-related systems; amending RCW 29A. 12 . 180, 29A. 12 . 200, o
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3 29A. 40 . 100, 29A. 40 . 160, 29A. 60 . 200, 29A. 84 . 550, 29A. 84 . 560, w
4 29A. 84 . 720, and 29A. 84 . 050; adding a new section to chapter 29A. 84 J
5 RCW; and prescribing penalties . c
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6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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7 Sec. 1 . RCW 29A. 12 . 180 and 2018 c 218 s 6 are each amended to 2
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8 read as follows :
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9 (1) A manufacturer or distributor of a voting system or component M
10 of a voting system that is certified by the secretary of state under
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11 RCW 29A. 12 . 020 shall disclose to the secretary of state and attorney c
12 general any breach of the security of its system immediately
13 following discovery of the breach if: cS
14 (a) The breach has, or is reasonably likely to have, compromised U
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15 the security, confidentiality, or integrity of an election in any c
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16 state; or le
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17 (b) Personal information of residents in any state was, or is N
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18 reasonably believed to have been, acquired by an unauthorized person E
19 as a result of the breach and the personal information was not
20 secured. For purposes of this subsection, "personal information" has Q
21 the meaning given in RCW 19 . 255 . 010 .
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1 (2) Every county must install and maintain an intrusion detection
2 system that passively monitors its network for malicious traffic 24
3 hours a day, seven days a week, and 365 days a year by a qualified -a
4 and trained security team with access to cyberincident response U
5 personnel who can assist the county in the event of a malicious v
6 attack. The system must support the unique security requirements of
7 state, local, tribal, and territorial governments and possess the
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8 ability to receive cyberintelligent threat updates to stay ahead of c
9 evolving attack patterns . c
10 (3) A county auditor or county information technology director of
11 any county, participating in the shared voter registration system m
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12 operated by the secretary of state under RCW 29A. 08 . 105 and v
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13 29A. 08 . 125, or operating a voting system or component of a voting ia
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14 system that is certified by the secretary of state under RCW a)
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15 29A. 12 . 020 shall disclose to the secretary of state and attorney
16 general any malicious activity or breach of the security of any of m
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17 its information technology (IT) systems immediately following T
18 discovery if:
19 (a) Malicious activity was detected by an information technology M
20 intrusion detection system (IDS) , malicious domain blocking and
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21 reporting system, or endpoint security software, used by the county, J
22 the county auditor, or the county election office; o
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23 (b) A breach has, or is reasonably likely to have, compromised m
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24 the security, confidentiality, or integrity of election systems,
25 information technology systems used by the county staff to manage and x
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26 support the administration of elections, or peripheral information -a
27 technology systems that support the auditor ' s office in the office ' s
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28 day-to-day activities;
29 (c) The breach has, or is reasonably likely to have, compromised m
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30 the security, confidentiality, or integrity of an election within the m
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31 state; or ia
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32 (d) Personal information of residents in any state was, or is E
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33 reasonably believed to have been, acquired by an unauthorized person v
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34 as a result of the breach and the personal information was not N
35 secured. For purposes of this subsection, "personal information" has N
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36 the meaning given in RCW 19 . 255 . 005 . N
37 (4) For purposes of this section:
38 (a) "Malicious activity" means an external or internal threat
39 that is designed to damage, disrupt, or compromise an information a
40 technology network, as well as the hardware and applications that
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1 reside on the network, thereby impacting performance, data integrity,
2 and the confidentiality of data on the network. Threats include
3 viruses, ransomware, trolan horses, worms, malware, data loss, or the as
4 disabling or removing of information technology security systems . U
5 (b) "Security breach" means a breach of the election system, v
6 information technology systems used to administer and support the a
7 election process, or associated data where the system or associated
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8 data has been penetrated, accessed, or manipulated by an unauthorized c
9 person. The definition of breach includes all unauthorized access to c
10 systems by external or internal personnel or organizations, including
11 personnel employed by a county or the state providing access to M
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12 systems that have the potential to lead to a breach. v
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13 (5) Notification under ( (s: use-ien (1) e#) ) this section must be E
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14 made in the most expedient time possible and without unreasonable E
15 delay.
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16 Sec. 2 . RCW 29A. 12 . 200 and 2020 c 101 s 2 are each amended to
17 read as follows :
18 (1) The secretary of state must annually consult with the M
19 Washington state fusion center, state chief information officer, and
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20 each county auditor to identify instances of security breaches of J
21 election systems or election data. o
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22 (2) To the extent possible, the secretary of state must identify
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23 whether the source of a security breach, if any, is a foreign entity,
24 domestic entity, or both. x
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25 (3) By December 31st of each year, the secretary of state must -a
26 submit a report to the governor, state chief information officer,
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27 Washington state fusion center, and the chairs and ranking members of
28 the appropriate legislative committees from the senate and house of M
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29 representatives that includes information on any instances of c
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30 security breaches identified under subsection (1) of this section and
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31 options to increase the security of the election systems and election
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32 data, and to prevent future security breaches . The report, and any v
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33 related material, data, or information provided pursuant to N
34 subsection (1) of this section or used to assemble the report, may N
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35 only be distributed to, or otherwise shared with, the individuals N
36 specifically mentioned in this subsection (3) .
37 (4) For the purposes of this section:
38 (a) "Domestic entity" means an entity organized or formed under a
39 the laws of the United States, a person domiciled in the United
p. 3 S Packet Pg. 107
8.G.b
1 States, or a citizen of the United States, and includes elected
2 officials and staff of the state or a county.
3 (b) "Foreign entity" means an entity that is not organized or
4 formed under the laws of the United States, or a person who is not �j
5 domiciled in the United States or a citizen of the United States . v
6 ( (fb+) ) (c) "Security breach" means a breach of the election
7 system or associated data where the system or associated data has
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8 been penetrated, accessed, or manipulated by an unauthorized person. c
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9 Sec. 3 . RCW 29A. 40 . 100 and 2011 c 10 s 40 are each amended to
10 read as follows : M
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11 County auditors must request that observers be appointed by the v
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12 major political parties to be present during the processing of
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13 ballots at the counting center. County auditors have discretion to
14 also request that observers be appointed by any campaigns or
15 organizations . The absence of the observers will not prevent the M
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16 processing of ballots if the county auditor has requested their
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17 presence. Observers may not touch any ballots, ballot materials, or
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18 election systems . Unauthorized physical contact, or access to ballots M
19 or election systems is a crime subject to punishment under chapter
3
20 29A. 84 RCW. J
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21 Sec. 4 . RCW 29A. 40 . 160 and 2022 c 69 s 1 are each amended to
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22 read as follows :
23 (1) Each county auditor shall open a voting center each primary,
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24 special election if the county is conducting an election, and general -a
25 election. The voting center shall be open during business hours
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26 during the voting period, which begins eighteen days before, and ends
27 at 8 : 00 p.m. on the day of, the primary, special election if the M
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28 county is conducting an election, or general election. c
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29 (2) Each county auditor shall open a voting center at each of the
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30 following locations in the county: E
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31 (a) At the county auditor' s office or at the division of V
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32 elections that is in a separate location from the county auditor ' s N
33 office; and
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34 (b) For each presidential general election, in each city in the N
35 county with a population of one hundred thousand or greater which
36 does not have a voting center as required in (a) of this subsection.
37 A voting center opened pursuant to this subsection (2) is not a
38 required to be open on the Sunday before the presidential election .
p. 4 S Packet Pg. 108
8.G.b
1 (3) Voting centers shall be located in public buildings or
2 buildings that are leased by a public entity including, but not
3 limited to, libraries .
4 (4) Each voting center, and at least one of the other locations �j
5 designated by the county auditor to allow voters to register in v
6 person pursuant to RCW 29A. 08 . 140 (1) (b) , must provide voter
7 registration materials, ballots, provisional ballots, disability
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8 access voting units, sample ballots, instructions on how to properly c
9 vote the ballot, a ballot drop box, and voters ' pamphlets, if a c
of
10 voters ' pamphlet has been published.
11 (5) Each voting center must be accessible to persons with M
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12 disabilities . Each state agency and entity of local government shall v
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13 permit the use of any of its accessible facilities as voting centers ia
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14 when requested by a county auditor. a)
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15 (6) Each voting center must provide at least one voting unit
16 certified by the secretary of state that provides access to M
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17 individuals who are blind or visually impaired, enabling them to vote
18 with privacy and independence .
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19 (7) No person may interfere with a voter attempting to vote in a M
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20 voting center. Interfering with a voter attempting to vote is a
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21 violation of RCW 29A. 84 . 510 . The county auditor shall designate by J
22 administrative rule a specific point or points as the entrance to 0
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23 each voting center, taking into account the unique attributes of the
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24 voting center, to assure that voters have the ability to arrive and
25 depart unimpeded. x
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26 (8) No person may interfere with the operation of a voting -a
27 center. Interfering with the operation of a voting center is a
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28 violation of RCW 29A. 84 . 510 . This prohibition includes unauthorized
29 access or handling of ballots, and unauthorized access to any voting
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30 equipment or election systems . Unauthorized access includes elected c
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31 officials and county staff accessing systems in any manner not
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32 required by their lob function. E
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33 (9) Before opening the voting center, the voting equipment shall v
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34 be inspected to determine if it has been properly prepared for N
35 voting. If the voting equipment is capable of direct tabulation of N
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36 each voter ' s choices, the county auditor shall verify that no votes N
37 have been registered for any issue or office, and that the device has
38 been sealed with a unique numbered seal at the time of final
39 preparation and logic and accuracy testing. A log must be made of all a
40 device numbers and seal numbers .
p. 5 S Packet Pg. 109
8.G.b
1 ( (+9}) ) (10) The county auditor shall require any person desiring
2 to vote at a voting center to either sign a ballot declaration or
3 provide identification.
4 (a) The signature on the declaration must be compared to the �j
5 signature on the voter registration record before the ballot may be v
6 counted. If the voter registered using a mark, or can no longer sign
7 ( (his ei=h ) the voter' s name, the election officers shall require
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8 the voter to be identified by another registered voter. c
9 (b) The identification must be valid photo identification, such c
10 as a driver' s license, state identification card, student
11 identification card, tribal identification card, or employer M
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12 identification card. A tribal identification card is not required to v
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13 include a residential address or an expiration date to be considered
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14 valid under this section. Any individual who desires to vote in a)
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15 person but cannot provide identification shall be issued a
16 provisional ballot, which shall be accepted if the signature on the M
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17 declaration matches the signature on the voter' s registration record.
18 ( ( (10) ) ) (11) Provisional ballots must be accompanied by a
19 declaration and security envelope, as required by RCW 29A. 40 . 091, and CO
20 space for the voter ' s name, date of birth, current and former
3
21 registered address, reason for the provisional ballot, and J
22 disposition of the provisional ballot . The voter shall vote and o
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23 return the provisional ballot at the voting center. The voter must be
24 provided information on how to ascertain whether the provisional
25 ballot was counted and, if applicable, the reason why the vote was
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26 not counted. -a
27 ( ( (11) ) ) (12) Any voter may take printed or written material into
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28 the voting device to assist in casting ( (his eL= votes . The
29 voter shall not use this material to electioneer and shall remove it M
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30 when ( (he ezhe,tea) ) leaving the voting center. o
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31 ( ( (12) ) ) (13) If any voter states that ( (he eL= she) ) the voter is
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32 unable to cast ( (his er hez vetee) ) a vote due to a disability, the E
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33 voter may designate a person of ( (his er- h the voter' s choice, or v
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34 two election officers, to enter the voting booth and record the votes N
35 as ( (he eL= she) ) the voter directs . N
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36 ( ( :3) (14) No voter is entitled to vote more than once at a N
37 primary, special election, or general election. If a voter E
38 incorrectly marks a ballot, ( (he e��le) ) the voter may be issued a 0
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39 replacement ballot . a
p . 6 S Packet Pg. 110
8.G.b
1 ( ( (14) ) ) (15) A voter who has already returned a ballot but
2 requests to vote at a voting center shall be issued a provisional
3 ballot . The canvassing board shall not count the provisional ballot
4 if it finds that the voter has also voted a regular ballot in that �j
5 primary, special election, or general election. v
6 (16) Any voter who is inside or in line at the voting
7 center at 8 : 00 p.m. on the day of the primary, special election, or
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8 general election must be allowed to vote . c
9 ( ( (16) ) ) (17) For each primary, special election, and general c
10 election, the county auditor may provide election services at
11 locations in addition to the voting center. The county auditor has M
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12 discretion to establish which services will be provided at the v
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13 additional locations, and which days and hours the locations will be
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14 open. a)
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15 Sec. 5 . RCW 29A. 60 . 200 and 2011 c 10 s 60 are each amended to M
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16 read as follows : `a
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17 (1) Before canvassing the returns of a primary or election, the
18 chair of the county legislative authority or the chair' s designee M
19 shall administer an oath to the county auditor or the auditor' s
3
20 designee attesting to the authenticity of the information presented J
21 to the canvassing board. This oath must be signed by the county o
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22 auditor or designee and filed with the returns of the primary or
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23 election.
24 (2) The county canvassing board shall proceed to verify the x
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25 results from the ballots received. The board shall execute a
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26 certificate of the results of the primary or election signed by all
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27 members of the board or their designees . Failure to certify the
28 returns, if they can be ascertained with reasonable certainty, is a M
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29 crime under RCW 29A. 84 . 720 .
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30 (3) If the county canvassing board refuses to certify the results
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31 of the election without cause, the secretary of state may examine the E
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32 records, ballots, and results of the election and certify the results v
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33 of the election. This must be completed within two business days N
34 after the certification deadline in RCW 29A. 60 . 190 after the refusal N
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35 of the county canvassing board to certify the results of the N
36 election.
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37 Sec. 6. RCW 29A. 84 . 550 and 2011 c 10 s 74 are each amended to a
38 read as follows :
p. 7 S Packet Pg. 111
8.G.b
1 Any person who willfully defaces, removes, or destroys any of the
2 supplies or materials that the person knows are intended both for use
3 in a voting center ( ( ) ) , election office, ballot counting area,
4 ballot storage area, or election system including materials and �j
5 systems meant for enabling a voter to prepare ( (his eL= the v
6 voter' s ballot is guilty of a class C felony punishable under RCW
Y
7 9A. 20 . 021 .
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8 NEW SECTION. Sec. 7 . A new section is added to chapter 29A. 84 c
of
9 RCW to read as follows :
10 Any person who willfully and without authority accesses or M
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11 assists another person or entity with unauthorized access to a voting v
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12 center, election office, ballot counting area, ballot storage area, ia
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13 or any election system, or provides unauthorized access to another E
14 person or entity to a voting center, election office, ballot counting
15 area, ballot storage area, or any election system, whether electronic M
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16 or physical access, is guilty of a class C felony punishable under
17 RCW 9A. 20 . 021 .
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18 Sec. 8 . RCW 29A. 84 . 560 and 2003 c 111 s 2126 are each amended to
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19 read as follows : 0
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20 Any person who tampers with or damages or attempts to damage any o
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21 voting machine or device to be used or being used in a primary or
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22 special or general election, or who prevents or attempts to prevent
23 the correct operation of such machine or device, or any unauthorized
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24 person who ( (fftakes ems has in his er heic pesses Tien a key te a) ) -a
25 accesses or assists another person or entity with unauthorized access
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26 to a voting center, election office, ballot counting area, ballot
27 storage area, or election system, voting machine, or device to be M
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28 used or being used in a primary or special or general election, is c
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29 guilty of a class C felony punishable under RCW 9A.20 . 021 . MI
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30 Sec. 9. RCW 29A. 84 . 720 and 2003 c 111 s 2138 are each amended to v
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31 read as follows : o
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32 Every person charged with the performance of any duty under the N
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33 provisions of any law of this state relating to elections, including `4
34 primaries, or the provisions of any charter or ordinance of any city
35 or town of this state relating to elections who willfully neglects or
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36 refuses to perform such duty, or provides unauthorized access to a a
37 person or entity to physical locations or electronic or physical
p. 8 S Packet Pg. 112
8.G.b
1 access to election software or hardware used in any element of
2 conduct of an election, or who, in the performance of such duty, or
3 in ( (hie—er lam) ) the person' s official capacity, knowingly or
4 fraudulently violates any of the provisions of law relating to such U
5 duty, is guilty of a class C felony punishable under RCW 9A. 20 . 021 v
6 and shall forfeit ( (his ems ) ) the person' s office .
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7 Sec. 10 . RCW 29A. 84 . 050 and 2011 c 10 s 68 are each amended to 4-
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8 read as follows : N
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9 (1) A person who knowingly destroys, alters, defaces, conceals,
10 or discards a completed voter registration form ( (e-r-) ), signed ballot M
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11 declaration, or voted ballot is guilty of a gross misdemeanor. This v
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12 section does not apply to (a) the voter who completed the form or
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13 declaration, or (b) a county auditor who acts as authorized by law. a)
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14 (2) Any person who intentionally fails to return another person ' s
15 completed voter registration form ( (ems) ), signed ballot declaration, M
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16 or voted ballot to the proper state or county elections office by the
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17 applicable deadline is guilty of a gross misdemeanor.
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Passed by the Senate February 2, 2024 .
Passed by the House February 27, 2024 . 3
Approved by the Governor March 13, 2024 . J
Filed in Office of Secretary of State March 14, 2024 . 0
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CERTIFICATION OF ENROLLMENT d
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SUBSTITUTE HOUSE BILL 1903 v
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Chapter 286, Laws of 2024 Y
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68th Legislature o
2024 Regular Session c
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LOST OR STOLEN FIREARMS m
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EFFECTIVE DATE: June 6, 2024
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Passed by the House March 4, 2024 CERTIFICATE M
Yeas 57 Nays 40
I, Bernard Dean, Chief Clerk of the 3
House of Representatives of the J
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
.N
Representatives SUBSTITUTE HOUSE BILL 1903 as
passed by the House of CO)
Representatives and the Senate on
the dates hereon set forth. z
Passed by the Senate February 28, W
2024 'a
Yeas 29 Nays 20 BERNARD DEAN O
Chief Clerk
�a
DENNY HECK
President of the Senate
m
Approved March 26, 2024 1:23 PM FILED 0
March 27, 2024
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Secretary of State N
JAY INSLEE State of Washington c
Governor of the State of Washington E
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Packet Pg. 114
8.G.b
SUBSTITUTE HOUSE BILL 1903
d
AS AMENDED BY THE SENATE o
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Passed Legislature - 2024 Regular Session v
State of Washington 68th Legislature 2024 Regular Session Y
d
By House Civil Rights & Judiciary (originally sponsored by
Representatives Berry, Taylor, Stonier, Fitzgibbon, Reed, Street, o
Callan, Walen, Peterson, Fosse, Reeves, Simmons, Kloba, Mena, Senn, R
Hackney, Goodman, Thai, Ryu, Cortes, Tharinger, Alvarado, Ramel,
L
Duerr, Ramos, Bateman, Ormsby, Fey, Rule, Macri, Gregerson, Doglio, ;
Orwall, Bergquist, Berg, Farivar, Ortiz-Self, Lekanoff, Nance, z
Riccelli, Pollet, and Davis) v
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READ FIRST TIME 01/23/24 .
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1 AN ACT Relating to reporting lost or stolen firearms; amending
00
2 RCW 7 . 80 . 120; adding a new section to chapter 9 . 41 RCW; and
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3 prescribing penalties . N
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4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: c
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5 NEW SECTION. Sec. 1 . A new section is added to chapter 9 . 41 RCW
6 to read as follows :
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7 (1) An owner or other person lawfully in possession of a firearm -a
8 who suffers the loss or theft of the firearm shall report the facts
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9 and circumstances of the loss or theft to the local law enforcement a
10 agency where the loss or theft occurred within 24 hours after the
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11 person first discovered the loss or theft unless the delay is for c
12 good cause shown. The report must include, to the extent known: The v
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13 firearm' s caliber, make, model, manufacturer, and serial number; any 'E
14 other distinguishing number or identification mark on the firearm; c�
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15 and the circumstances of the loss or theft, including the date, c
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16 place, and manner.
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17 (2) A law enforcement agency that receives a report of a lost or N
18 stolen firearm shall enter the following information, to the extent E
19 known, into the national crime information center database:
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20 (a) The firearm' s caliber, make, model, manufacturer, and serial a
21 number; and
p. 1 S H Packet Pg. 115
8.G.b
1 (b) Any other distinguishing number or identification mark on the
2 firearm.
3 (3) A person who fails to report a lost or stolen firearm in -a
4 violation of this section commits a civil infraction and is subject
5 to a monetary penalty of up to $1, 000 . If multiple firearms are lost v
6 or stolen in a single event, the owner or person who was lawfully in a
7 possession of the firearms at the time of loss or theft who fails to
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8 report the event shall be subject to a single monetary penalty. c
9 (4) The duly constituted licensing authority of any city, town, c
10 or political subdivision of this state, upon issuing a firearm
11 dealer' s license in accordance with RCW 9 . 41 . 110, shall issue the M
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12 dealer signage the dealer must post in a conspicuous place at each v
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13 point-of-sale that states in block letters not less than one inch in E
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14 height: "FAILURE TO KEEP FIREARMS IN SECURE GUN STORAGE, OR SECURED
15 WITH A TRIGGER LOCK OR SIMILAR DEVICE THAT IS DESIGNED TO PREVENT THE
16 UNAUTHORIZED USE OR DISCHARGE OF THE FIREARM MAY SUBJECT YOU TO
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17 CRIMINAL PENALTIES . T
18 FAILURE TO REPORT THE LOSS OR THEFT OF A FIREARM MAY SUBJECT YOU
19 TO A CIVIL PENALTY UP TO $1, 000 . " M
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20 Sec. 2 . RCW 7 . 80 . 120 and 2023 c 102 s 13 are each amended to M
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21 read as follows : o
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22 (1) A person found to have committed a civil infraction shall be m
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23 assessed a monetary penalty.
24 (a) The maximum penalty and the default amount for a class 1
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25 civil infraction shall be $250, not including statutory assessments, -a
26 except for an infraction of state law involving (i) potentially
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27 dangerous litter as specified in RCW 70A.200 . 060 (4) , in which case
28 the maximum penalty and default amount is $500; or (ii) a person ' s n
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29 refusal to submit to a test or tests pursuant to RCW 79A. 60 . 040 and c
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30 79A. 60 . 700, in which case the maximum penalty and default amount is
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31 $1, 000; or (iii) the misrepresentation of service animals under RCW
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32 49 . 60 . 214, in which case the maximum penalty and default amount is v
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33 $500; or (iv) untraceable firearms pursuant to RCW 9 . 41 . 326 or N
34 unfinished frames or receivers pursuant to RCW 9 . 41 . 327, in which N
0
35 case the maximum penalty and default amount is $500; or (v) the N
36 failure to report the loss or theft of a firearm under section 1 of
37 this act, in which case the maximum penalty and default amount is
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38 $1, 000; a
p. 2 S H Packet Pg. 116
8.G.b
1 (b) The maximum penalty and the default amount for a class 2
2 civil infraction shall be $125, not including statutory assessments;
3 (c) The maximum penalty and the default amount for a class 3
4 civil infraction shall be $50, not including statutory assessments; �j
5 and
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6 (d) The maximum penalty and the default amount for a class 4
7 civil infraction shall be $25, not including statutory assessments .
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8 (2) The supreme court shall prescribe by rule the conditions c
9 under which local courts may exercise discretion in assessing fines c
10 for civil infractions .
11 (3) Whenever a monetary penalty is imposed by a court under this M
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12 chapter it is immediately payable . If the person is unable to pay at v
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13 that time the court may grant an extension of the period in which the
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14 penalty may be paid. If the penalty is not paid on or before the time a)
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15 established for payment, the court may proceed to collect the penalty
16 in the same manner as other civil judgments and may notify the M
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17 prosecuting authority of the failure to pay.
18 (4) The court may also order a person found to have committed a
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19 civil infraction to make restitution.
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Passed by the House March 4, 2024 . ;
Passed by the Senate February 28, 2024 . �
Approved by the Governor March 26, 2024 .
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Filed in Office of Secretary of State March 27, 2024 . y
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CERTIFICATION OF ENROLLMENT
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ENGROSSED SUBSTITUTE HOUSE BILL 2153 V
V
Chapter 301, Laws of 2024 Y
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68th Legislature o
2024 Regular Session c
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CATALYTIC CONVERTERS—THEFT m
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EFFECTIVE DATE : April 1, 2025
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Passed by the House March 5, 2024 CERTIFICATE M
Yeas 95 Nays 0
I, Bernard Dean, Chief Clerk of the 3
House of Representatives of the J
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
.N
Representatives ENGROSSED SUBSTITUTE HOUSE BILL
2153 as passed by the House of
Representatives and the Senate on
the dates hereon set forth. z
Passed by the Senate March 1, 2024 j
Yeas 31 Nays 18 'a
BERNARD DEAN O
DENNY HECK Chief Clerk
President of the Senate Q.
Approved March 26, 2024 1:51 PM FILED
0
March 27, 2024 V
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Secretary of State
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JAY INSLEE State of Washington N
Governor of the State of Washington c
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8.G.b
ENGROSSED SUBSTITUTE HOUSE BILL 2153
a�
AS AMENDED BY THE SENATE o
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Passed Legislature - 2024 Regular Session v
r
State of Washington 68th Legislature 2024 Regular Session Y
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By House Consumer Protection & Business (originally sponsored by
Representatives Ryu, Ormsby, Cheney, Reeves, Pollet, and Davis) o
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READ FIRST TIME 01/31/24 .
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1 AN ACT Relating to deterring the theft of catalytic converters;
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2 amending RCW 19 . 290 . 010, 19 . 290 . 020, 19 . 290 . 030, 19 . 290 . 040,
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3 19 . 290 . 050, 19 . 290 . 060, 19 . 290 . 080, 19 . 290 . 220, 19 . 290 . 240, w
4 46 . 79 . 010, 46 . 80 . 080, 46 . 80 . 210, 46 . 12 . 560, and 9A. 82 . 010; reenacting J
5 and amending RCW 46 . 80 . 010, 9 . 94A. 533, and 9 . 94A. 515; adding a new c
.2
6 section to chapter 19 . 290 RCW; adding a new section to chapter 46 . 70
7 RCW; adding new sections to chapter 46 . 79 RCW; adding a new section r
8 to chapter 46 . 80 RCW; adding a new section to chapter 43 . 43 RCW; x
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9 adding new sections to chapter 9A. 82 RCW; adding a new section to
10 chapter 9 . 94A RCW; creating a new section; prescribing penalties; and
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11 providing an effective date .
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12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: c
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13 NEW SECTION. Sec. 1 . The legislature finds that rates of
14 catalytic converter theft have rapidly increased statewide and U
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15 nationwide, due in part to existing challenges with accurately c
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16 identifying stolen catalytic converters and tracking them through the N
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17 stream of commerce after they have been removed from their N
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18 originating vehicles . The legislature also finds that recent evidence E
19 suggests most purchases of stolen catalytic converters are conducted
20 by unlicensed, unregulated purchasers . Q
p . 1 ESH packet Pg. 119
8.G.b
1 Therefore, the legislature intends to require all purchasers to
2 be licensed and subject to regulation and inspection. To facilitate
3 the ability to track catalytic converters, the legislature further
4 intends to require permanent marking of catalytic converters for the �j
5 purpose of identifying the originating vehicle . The legislature also v
6 intends to create a related structure for enforcing these provisions
7 and imposing penalties commensurate with the enforcement and penalty
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8 structures found in comparable areas of law. c
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9 NEW SECTION. Sec. 2 . A new section is added to chapter 19 . 290
10 RCW to read as follows : M
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11 Nothing in this chapter shall be construed to authorize licensed v
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12 scrap metal businesses to purchase or sell junk vehicles or major 15
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13 component parts as defined in RCW 46 . 79 . 010 .
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14 Sec. 3. RCW 19 . 290 . 010 and 2023 c 125 s 2 are each amended to M
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15 read as follows :
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16 The definitions in this section apply throughout this chapter
17 unless the context clearly requires otherwise . M
18 (1) "Commercial account" means a relationship between a scrap
3
19 metal business and a commercial enterprise that is ongoing and J
20 properly documented under RCW 19 .290 . 030 . o
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21 (2) "Commercial enterprise" means a corporation, partnership,
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22 limited liability company, association, state agency, political
23 subdivision of the state, public corporation, or any other legal or x
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24 commercial entity. -a
25 (3) "Commercial metal property" means : Utility access covers;
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26 street light poles and fixtures; road and bridge guardrails; highway
27 or street signs; water meter covers; traffic directional and control M
a)
28 signs; traffic light signals; any metal property marked with the name c
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29 of a commercial enterprise, including but not limited to a telephone,
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30 commercial mobile radio services, cable, electric, water, natural E
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31 gas, or other utility, or railroad; unused or undamaged building v
Ln
32 construction materials consisting of copper pipe, tubing, or wiring, N
33 or aluminum wire, siding, downspouts, or gutters; aluminum or N
0
34 stainless steel fence panels made from one inch tubing, 42 inches N
c
35 high with four-inch gaps; aluminum decking, bleachers, or risers;
36 historical markers; statue plaques; grave markers and funeral vases;
37 components of electric vehicle supply equipment made available for a
p. 2 ESH Packet Pg. 120
8.G.b
1 commercial or public use; or agricultural irrigation wheels,
2 sprinkler heads, and pipes .
3 (4) "Engage in business" means conducting more than 12
4 transactions in a 12-month period. �j
5 (5) "Nonferrous metal property" means metal property for which v
6 the value of the metal property is derived from the property' s
7 content of copper, brass, aluminum, bronze, lead, zinc, nickel, and
z
8 their alloys . "Nonferrous metal property" does not include precious —
9 metals . C"
0
10 (6) "Person" means an individual, domestic or foreign
11 corporation, limited liability corporation, partnership, trust, M
M
12 unincorporated association, or other entity; an affiliate or v
a�
13 associate of any such person; or any two or more persons acting as a ia
c
14 partnership, syndicate, or other group for the purpose of acquiring, W
E
15 holding, or dispersing of securities of a domestic or foreign
16 corporation. M
c
17 (7) "Precious metals" means gold, silver, and platinum.
18 (8) zn L? r-e n ffieans eatalyt i e—ewe c}e - t-ti., 00
r
bales, � �
19 r��e� in�el^�al ei� lk��L t- have been i=emev r-e M
M
v
20 vehie-les fer sale as a specif --------eelit1 - rn
21 +9}) ) "Record" means a paper, electronic, or other method of 3
J
22 storing information. o
.N
23 ( ( (10)) ) (9) "Scrap metal business" means a scrap metal supplier, m
Cn
24 scrap metal recycler, and scrap metal processor.
25 (10) "Scrap metal processor" means a person with a x
w
26 current business license that conducts business from a permanent -a
27 location, that is engaged in the business of purchasing or receiving
m
28 ( (PLciv to metal p_rci erty ) ) nonferrous metal property ( (F) ) and
29 commercial metal property for the purpose of altering the metal in
m
30 preparation for its use as feedstock in the manufacture of new c
U
31 products, and that maintains a hydraulic bailer, shearing device, or
c
32 shredding device for recycling. E
L
33 ( ( (12) ) ) (11) "Scrap metal recycler" means a person with a v
LO
34 current business license that is engaged in the business of N
35 purchasing or receiving ( (p-r-4:v -e- ftetal prcl eLct—y, ) nonferrous metal N
0
36 property ( (,,—) ) and commercial metal property for the purpose of N
37 aggregation and sale to another scrap metal business and that
38 maintains a fixed place of business within the state .
39 ( ( (13)) ) (12) "Scrap metal supplier" means a person with a a
40 current business license that is engaged in the business of
p. 3 ESH Packet Pg. 121
8.G.b
1 purchasing or receiving ( (pri���te fftetal pr-eperty -ate) ) nonferrous
2 metal property for the purpose of aggregation and sale to a scrap
3 metal recycler or scrap metal processor and that does not maintain a -a
4 fixed business location in the state . �j
5 ( ( 4) (13) "Transaction" means a pledge, or the purchase of, v
6 or the trade of any item of fftet-a! pr-eperty -ems) ) nonferrous
7 metal property by a scrap metal business from a member of the general
z
8 public. "Transaction" does not include donations or the purchase or c
9 receipt of ( (private fftet.1 pr-elgerty -ems) ) nonferrous metal property by o
10 a scrap metal business from a commercial enterprise, from another
11 scrap metal business, or from a duly authorized employee or agent of M
z
12 the commercial enterprise or scrap metal business . v
a�
c
c
13 Sec. 4 . RCW 19 . 290 . 020 and 2022 c 221 s 3 are each amended to
E
14 read as follows : a
a�
15 (1) At the time of a transaction, every scrap metal business M
c
16 doing business in this state shall produce wherever that business is T
17 conducted an accurate and legible record of each transaction
18 involving ( (private-fn��lpie��-ar-) ) nonferrous metal property. M
19 This record must be written in the English language, documented on a
3
20 standardized form or in electronic form, and contain the following J
21 information: o
.N
22 (a) The signature of the person with whom the transaction is
Cn
23 made;
24 (b) The time, date, location, and value of the transaction;
w
25 (c) The name of the employee representing the scrap metal -a
26 business in the transaction;
m
27 (d) The name, street address, and telephone number of the person
28 with whom the transaction is made;
m
29 (e) The license plate number and state of issuance of the license c
U
30 plate on the motor vehicle used to deliver the ( (private ffie ,, MI
c
31 ) ) nonferrous metal property subject to the transaction; E
L
32 (f) A description of the motor vehicle used to deliver the v
Ln
33 ( (psi ate-�� pr-e��-er-) ) nonferrous metal property subject to N
34 the transaction;
N
O
35 (g) The current driver' s license number or other government- N
36 issued picture identification card number of the seller or a copy of E
37 the seller' s government-issued picture identification card; and
38 (h) A description of the predominant types of ( (private ffie -., a
39 ) ) nonferrous metal property subject to the transaction,
p. 4 ESH Packet Pg. 122
8.G.b
1 utilizing the institute of scrap recycling industries ' generally
2 accepted terminology, and including weight, quantity, or volume ( ( •-
3 aaftd m
- t�4 (i) Fer evertran�aetien ;l ---f-_ ,T1 inTe, T -„g a t -lt=
5 eeiivcr-cc�that has been i r-efft c Tc rrrere, ElA-emeffte-nnTrri-eTr U
6 3nelieati n g that the- private fftL r-e pay in the _ !IeLcls p8s=;gin �
7 is the—ram wait e��ti-rie rL=ejel-a e d:ng pLciv ate ffte'tal p r-eperty r-efft a aYi
z
8 veh i e-ie—registered in the seller ' s ) ) .
0
9 (2) For every transaction that involves ( (private fietal prerty o
10 e-r-) ) nonferrous metal property, every scrap metal business doing
11 business in the state shall require the person with whom a M
z
12 transaction is being made to sign a declaration. The declaration may v
a�
13 be included as part of the transactional record required under
c
14 subsection (1) of this section, or on a receipt for the transaction. a)
E
15 The declaration must state substantially the following:
16 "I, the undersigned, affirm under penalty of law that the M
c
17 property that is subject to this transaction is not to the best of my
18 knowledge stolen property. "
oo
19 The declaration must be signed and dated by the person with whom 0
20 the transaction is being made . An employee of the scrap metal
3
21 business must witness the signing and dating of the declaration and J
22 sign the declaration accordingly before any transaction may be o
.N
23 consummated.
m
Cn
24 (3) The record and declaration required under this section must
25 be open to the inspection of any commissioned law enforcement officer x
w
26 of the state or any of its political subdivisions at all times during -a
27 the ordinary hours of business, or at reasonable times if ordinary
m
28 hours of business are not kept, and must be maintained wherever that
29 business is conducted for five years following the date of the M
m
30 transaction.
0
U
c
31 Sec. 5 . RCW 19 . 290 . 030 and 2022 c 221 s 4 are each amended to E
L
32 read as follows : v
Ln
33 (1) No scrap metal business may enter into a transaction to N
34 purchase or receive ffietal pr-eperty -ar-) ) nonferrous metal N
0
35 property from any person who cannot produce at least one piece of `'
36 current government-issued picture identification, including a valid
37 driver' s license or identification card issued by any state .
0
38 (2) No scrap metal business may purchase or receive ( (fie a
39 mcpr-ep-ems) ) commercial metal property unless the seller: (a)
p. 5 ESH Packet Pg. 123
8.G.b
1 Has a commercial account with the scrap metal business; (b) can prove
2 ownership of the property by producing written documentation that the
3 seller is the owner of the property; or (c) can produce written
4 documentation that the seller is an employee or agent authorized to �j
5 sell the property on behalf of a commercial enterprise . v
6 (3) No scrap metal business may enter into a transaction to
7 purchase or receive metallic wire that was burned in whole or in part
z
8 to remove insulation unless the seller can produce written proof to —
9 the scrap metal business that the wire was lawfully burned. c
10 (4) (a) No transaction involving ( (private fftetaTpr-epeLct-y
11 nonferrous metal property may be made in cash or with any person who M
z
12 does not provide a street address and photographic identification and v
a�
13 sign a declaration under the requirements of RCW 19 . 290 . 020 ( ( (1) (d)
c
14 anel (g) ) ) except as described in (b) ( (and (e) ) ) of this subsection. E
15 The person with whom the transaction is being made may only be paid
16 by a nontransferable check, mailed by the scrap metal business to a M
c
17 street address provided under RCW 19 . 290 . 020, no earlier than three
O
18 days after the transaction was made . A transaction occurs on the date
19 provided in the record required under RCW 19 .290 . 020 . M
20 (b) A scrap metal business that is in compliance with this
21 chapter may pay up to a maximum of $30 in cash, stored value device, M
J
22 or electronic funds transfer for nonferrous metal property. The o
.N
23 balance of the value of the transaction may be made by
Cn
24 nontransferable check, stored value device, or electronic funds
25 transfer at the time the transaction is made if the scrap metal x
w
26 business digitally captures : -a
27 (i) A copy of one piece of current government-issued picture
m
28 identification, including a current driver' s license or
29 identification card issued by any state; and
m
30 (ii) Either a picture or video of either the material subject to c
U
31 the transaction in the form received or the material subject to the
c
32 transaction within the vehicle which the material was transported to E
L
33 the scrap metal business . v
Ln
34 ( ( ( e)Payffient te ineliv id izial sellers e-f pLc4:vat-e Re picems as o
N
35 N
0
36 trams pie id eaicldmeLc than thicee bidsiness `4
37 -a Lc=ansaeti-effiae . Re-e-e rds e-f payfftent €e-r pr='- ---- ---- --- �
38 preiaeLcty as el e f; .,e e this ehapter fflidst be kept in the same film-e--e r �
39 a
p. 6 ESH Packet Pg. 124
8.G.b
1 and be—available—€eic L=ev meT:€ems tom,=e _ins fLce the—date—efi
2 tLansa tlems) )
3 (5) (a) A scrap metal business ' s usage of video surveillance shall
4 be sufficient to comply with subsection (4) (b) (ii) of this section so �j
5 long as the video captures the material subject to the transaction. v
6 (b) A digital image or picture taken under this section must be
7 available for two years from the date of transaction, while a video
z
8 recording must be available for 30 days . c
9 (6) No scrap metal business may purchase or receive beer kegs c
10 from anyone except a manufacturer of beer kegs or licensed brewery.
a
M
M
11 Sec. 6. RCW 19 . 290 . 040 and 2013 c 322 s 7 are each amended to v
a�
12 read as follows :
c
13 (1) Every scrap metal business must create and maintain a a)
E
14 permanent record with a commercial enterprise, including another
15 scrap metal business, in order to establish a commercial account . M
c
16 That record, at a minimum, must include the following information:
17 (a) The full name of the commercial enterprise or commercial
oo
18 account;
M
v
19 (b) The business address and telephone number of the commercial
3
20 enterprise or commercial account; and J
21 (c) The full name of the person employed by the commercial o
.N
22 enterprise who is authorized to deliver ( (picdmv.�net-alprcl erty, ) )
Cn
23 nonferrous metal property ( (,,—) ) and commercial metal property to the
24 scrap metal business .
w
25 (2) The record maintained by a scrap metal business for a -a
26 commercial account must document every purchase or receipt of
m
27 ( (pLAvate metal prep 4 1y ) ) nonferrous metal property ( (F) ) and
28 commercial metal property from the commercial enterprise . The record M
m
29 must be maintained for three years following the date of the transfer c
U
30 or receipt. The documentation must include, at a minimum, the
c
31 following information: E
L
32 (a) The time, date, and value of the property being purchased or V
Ln
33 received; o
N
34 (b) A description of the predominant types of property being N
0
35 purchased or received; and N
36 (c) The signature of the person delivering the property to the
37 scrap metal business .
a
p . 7 ESH Packet Pg. 125
8.G.b
1 Sec. 7 . RCW 19 . 290 . 050 and 2013 c 322 s 8 are each amended to
2 read as follows :
3 (1) ( ( ) ) In addition to all other requirements of this
4 chapter, upon request by any commissioned law enforcement officer of �j
5 the state or any of its political subdivisions, every scrap metal v
6 business shall furnish a full, true, and correct transcript of the
7 records from the purchase or receipt of ( (pri��te- fietal pi=e erty, ) )
z
8 nonferrous metal property ( (,,-) ) and commercial metal property c
9 involving only a specified individual, vehicle, or item of ( (fie c
10 met-:prep eLcty ) ) nonferrous metal property ( (F) ) or commercial metal
11 property. This information may be transmitted within a specified time M
z
12 of not less than two business days to the applicable law enforcement v
a�
13 agency electronically, by facsimile transmission, or by modem or
c
14 similar device, or by delivery of computer disk subject to the
15 requirements of, and approval by, the chief of police or the county' s
16 chief law enforcement officer. M
M
c
17 (2) Any records created or produced under this section are exempt
O
18 from disclosure under chapter 42 . 56 RCW.
19 (3) If the scrap metal business has good cause to believe that M
20 any ( (f)L=ivate- ftetal property,)) nonferrous metal property ( (F) ) or
21 commercial metal property in ( (his e��e�) ) their possession has been M
p p Y P -J
22 previously lost or stolen, the scrap metal business shall promptly o
.N
23 report that fact to the applicable commissioned law enforcement
M
24 officer of the state, the chief of police, or the county' s chief law
25 enforcement officer, together with the name of the owner, if known, x
w
26 and the date when and the name of the person from whom it was -a
27 received. O
m
28 (4) Compliance with this section shall not give rise to or form
29 the basis of private civil liability on the part of a scrap metal M
m
30 business or scrap metal recycler. c
U
c
31 Sec. 8 . RCW 19 . 290 . 060 and 2013 c 322 s 9 are each amended to E
L
32 read as follows : v
33 (1) Following notification in writing from a commissioned law N
34 enforcement officer of the state or any of its political subdivisions N
0
35 that an item of ( (private fietal pice eict-y ) ) nonferrous metal N
36 property ( (,,-) ) or commercial metal property has been reported as E
37 stolen, a scrap metal business shall hold that property intact and
38 safe from alteration, damage, or commingling, and shall place an a
39 identifying tag or other suitable identification upon the property.
p. 8 ESH Packet Pg. 126
8.G.b
1 The scrap metal business shall hold the property for a period of time
2 as directed by the applicable law enforcement agency up to a maximum
3 of ten business days .
4 (2) A commissioned law enforcement officer of the state or any of U
5 its political subdivisions shall not place on hold any item of v
6 ( (PLAVate— fietal p_roi er4 1y ) ) nonferrous metal property ( (—) ) or
7 commercial metal property unless that law enforcement agency
z
8 reasonably suspects that the property is a lost or stolen item. Any c
9 hold that is placed on the property must be removed within ten c
10 business days after the property on hold is determined not to be
11 stolen or lost and the property must be returned to the owner or M
z
12 released. v
a�
c
c
13 Sec. 9. RCW 19 . 290 . 080 and 2007 c 377 s 8 are each amended to
E
14 read as follows : a
a�
15 (1) Each violation of the requirements of this chapter that are M
c
16 not subject to ( (ire) ) criminal penalties ( (,andeiRGW 19 . 290 . 070) )
:a
17 shall be a civil penalty punishable ( ( , , ) ) by a fine
oo
18 of not more than ( (ene--asan4 4e!laL=s) ) $1, 000 .
M
v
19 (2) Within two years ( (ef being een iete' ) ) of a violation of any
3
20 of the requirements of this chapter that ( (e=_ net- sidbj et to the J
,' penalties n er RGW ' 9 . 290 . 9;-G) ) results in a civil penalty o
21 f�=."�--- Vie,=� ,��.,.
.N
22 under this section, each subsequent violation shall be punishable ( (,—
Cn
23 idpen eenvietienF) ) by a fine of not more than ( (twe theidsan
24 �'e'�s) ) $2, 000 . x
w
L
25 Sec. 10 . RCW 19 . 290 . 220 and 2013 c 322 s 25 are each amended to
m
26 read as follows : a
27 (1) Law enforcement agencies may register with the scrap theft M
a)
28 alert system that is maintained and provided at no charge to users by c
U
29 the institute of scrap recycling industries, incorporated, or its
c
30 successor organization, to receive alerts regarding thefts of
L
31 ( (fie;) ) nonferrous ( (,,—) ) or commercial metal property in the v
Ln
32 relevant geographic area. N
33 (2) Any business licensed under this chapter shall : N
0
34 (a) Sign up with the scrap theft alert system that is maintained
35 and provided at no charge to users by the institute of scrap
36 recycling industries, incorporated, or its successor organization, to
37 receive alerts regarding thefts of ( (fie,) ) nonferrous ( (,,—) ) or a
38 commercial metal property in the relevant geographic area;
p. 9 ESH Packet Pg. 127
8.G.b
1 (b) Download the scrap metal theft alerts generated by the scrap
2 theft alert system on a daily basis;
3 (c) Use the alerts to identify potentially stolen commercial
4 metal property ( (,,—) ) and nonferrous metal property ( (, �j
5 al " -
���---,�,�r�r��V}1,) ) , and v
6 (d) Maintain for ( (may) ) 90 days copies of any theft alerts
7 received and downloaded pursuant to this section.
z
0
8 Sec. 11 . RCW 19 . 290 . 240 and 2013 c 322 s 28 are each amended to c
of
9 read as follows :
10 The provisions of this chapter shall be liberally construed to M
z
11 the end that traffic in stolen ( (fie) ) commercial metal property v
a�
12 ( (e-r) ) and nonferrous metal property may be prevented, and
c
13 irresponsible, unreliable, or dishonest persons may be prevented from a)
E
14 engaging in the business of processing, recycling, or supplying scrap
15 metal in this state and reliable persons may be encouraged to engage M
c
16 in businesses of processing, recycling, or supplying scrap metal in
17 this state.
0
0
M
v
18 NEW SECTION. Sec. 12 . A new section is added to chapter 46 . 70
3
19 RCW to read as follows : 0
J
20 (1) A vehicle dealer shall, prior to the sale and transfer of a o
.N
21 vehicle, offer the purchaser the option to have the dealer clearly
Cn
22 and permanently mark the last eight digits of the originating
23 vehicle ' s vehicle identification number on the vehicle ' s catalytic
w
24 converter unless such marking already exists on the catalytic -a
25 converter, the catalytic converter is not in a location where it is
m
26 clearly visible and readily accessible to mark without the need to
27 remove parts from the vehicle, or the vehicle is sold at wholesale . A
m
28 clear and permanent mark applied by permanent marker is sufficient . c
U
29 The vehicle dealer may add a fee to the sale price for the marking if
c
30 separately delineated and clearly marked. E
L
31 (2) If a consumer elects not to have the vehicle dealer mark the v
Ln
32 vehicle ' s catalytic converter as provided in subsection (1) of this N
33 section, the vehicle dealer must provide the consumer a disclosure N
0
34 written in a typeface that is at least as large as the typeface used `4
35 in the standard text of the document that contains the disclosure and E
36 that is boldfaced, capitalized, underlined, or otherwise set out from
0
37 the surrounding material so as to be conspicuous that (a) the a
38 purchaser is knowingly purchasing the vehicle without clearly and
p. 10 ESH Packet Pg. 128
0"]
1 permanently marking the catalytic converter prior to the sale and
2 transfer of the vehicle; and (b) the purchaser acknowledges and
3 understands that catalytic converters must be marked as provided in -a
4 section 23 of this act. �j
t�
5 Sec. 13 . RCW 46 . 79 . 010 and 2001 c 64 s 10 are each amended to c
m
6 read as follows : Y
a�
z
7 The definitions set forth in this section apply throughout this c
8 chapter unless the context indicates otherwise . c
9 (1) "Junk vehicle" means a motor vehicle certified under RCW
10 46 . 55 . 230 as meeting all the following requirements : M
z
11 (a) Is three years old or older; v
a�
12 (b) Is extensively damaged, such damage including but not limited
c
13 to any of the following: A broken window or windshield or missing E
14 wheels tires motor, or transmission; a
r r r y
V
15 (c) Is apparently inoperable; M
c
16 (d) Is without a valid, current registration plate; T
17 (e) Has a fair market value equal only to the value of the scrap
18 in it . ooi
M
v
19 (2) "Scrap processor" means a licensed establishment that
3
20 maintains a hydraulic baler and shears, or a shredder for recycling J
21 salvage . o
N
22 (3) "Demolish" means to destroy completely by use of a hydraulic
Cn
23 baler and shears, or a shredder.
24 (4) "Hulk hauler" means any person who deals in vehicles for the
w
25 sole purpose of transporting and/or selling them to a licensed -a
26 vehicle wrecker or scrap processor in substantially the same form in
m
27 which they are obtained. A hulk hauler may not sell secondhand motor
28 vehicle parts to anyone other than a licensed vehicle wrecker or n
a)
29 scrap processor, except for those parts specifically enumerated in c
U
30 RCW 46 . 79 . 020 (2) , as now or hereafter amended, which may be sold to a
c
31 licensed vehicle wrecker or disposed of at a public facility for E
L
32 waste disposal . v
Ln
33 (5) "Director" means the director of licensing. N
34 (6) "Major component parts" include engines and short blocks, N
0
35 frames, transmissions or transfer cases, cabs, doors, front or rear N
36 differentials, front or rear clips, quarter panels or fenders,
37 bumpers, truck beds or boxes, seats, ( ( ) ) hoods, and catalytic
38 converters . a
p. 11 ESH Packet Pg. 129
8.G.b
1 NEW SECTION. Sec. 14 . A new section is added to chapter 46 . 79
2 RCW to read as follows :
3 (1) No person may engage in the business of disassembling or de-
4 canning a catalytic converter for removal or processing of the �j
5 internal core to extract platinum, palladium, rhodium, or other v
6 metals, unless the person is a licensed scrap processor under this
7 chapter.
z
8 (2) Any licensed scrap processor engaged in disassembling or de-
0
9 canning catalytic converters as described in this section shall c
10 maintain the records of every catalytic converter the scrap processor
11 disassembles or de-cans in accordance with the recordkeeping M
z
12 requirements of this chapter and other provisions of the law. v
a�
13 (3) Any licensed scrap processor engaged in disassembling or de-
c
14 canning catalytic converters as described in this section shall E
15 implement a 30-day waiting period between the purchase and
16 disassembly or de-canning of a catalytic converter, unless the scrap
c
17 processor is also the registered owner of the originating vehicle.
O
oo
18 NEW SECTION. Sec. 15 . A new section is added to chapter 46 . 79 M
19 RCW to read as follows :
20 (1) Payment to individual sellers of catalytic converters that J
21 have been removed from a vehicle may not be made at the time of the o
.N
22 transaction and shall not be paid earlier than three business days
Cn
23 after the transaction was made.
24 (2) No transaction involving catalytic converters that have been
w
25 removed from a vehicle may be made in cash or with any person who -a
26 does not provide a street address and photographic identification.
m
27 The person with whom the transaction is being made may only be paid
28 by a nontransferable check, mailed by the licensed scrap processor to M
m
29 the street address recorded according to this section, no earlier c
U
30 than three days after the transaction was made. A transaction occurs
c
31 on the date provided in the record required under this section. E
L
32 (3) A record of each purchase of catalytic converters that have v
Ln
33 been removed from a vehicle must be kept for three years following N
34 the date of the transaction and be open to inspection by any N
0
35 commissioned law enforcement officer of the state or any of its N
36 political subdivisions at all times during the ordinary hours of
37 business, or at reasonable times if ordinary hours of business are
38 not kept. The record shall include, at a minimum, the following a
39 elements :
p. 12 ESH Packet Pg. 130
8.G.b
1 (a) The time, date, location, and value of the transaction;
2 (b) The name of the employee representing the scrap processor in
3 the transaction;
4 (c) The name, street address, and telephone number of the person �j
5 with whom the transaction is made; v
6 (d) The license plate number and state of issuance of the license
7 plate on the motor vehicle used to deliver the catalytic converter or
z
8 converters subject to the transaction; c
9 (e) A description of the motor vehicle used to deliver the c
0)
10 catalytic converter or converters subject to the transaction;
11 (f) A copy of the seller ' s current driver' s license or other M
z
12 government-issued picture identification card; v
a�
13 (g) The vehicle identification number of the vehicle from which
c
14 the catalytic converter was removed;
E
15 (h) A declaration signed by the seller that states substantially
16 the following: M
c
17 "I, the undersigned, affirm under penalty of law that the
O
18 property that is subject to this transaction is not to the best of my
oo
19 knowledge stolen property and the information provided by me is M
20 accurate . "; and
21 (i) A photo of the catalytic converter that includes the vehicle J
22 identification number marking required under section 23 of this act. o
N
23 (4) This section does not apply to the purchase of material from
M
24 a licensed business that manufactures catalytic converters in the
25 ordinary course of its legal business .
w
L
26 NEW SECTION. Sec. 16. A new section is added to chapter 46 . 79
m
27 RCW to read as follows : a
28 The license fees required under RCW 46 . 79 . 040 and 46 . 79 . 050 for a M
a)
29 scrap processor' s license must also include a $500 catalytic c
U
30 converter inspection fee, to be deposited in the state patrol highway
c
31 account, in order to support the activities of the Washington state E
L
32 patrol under section 21 of this act. v
Ln
N
O
N
33 Sec. 17 . RCW 46 . 80 . 010 and 2010 c 161 s 1138 and 2010 c 8 s 9097 N
0
34 are each reenacted and amended to read as follows : N
35 The definitions set forth in this section apply throughout this
36 chapter.
37 (1) "Core" means a major component part received by a vehicle a
38 wrecker in exchange for a like part sold by the vehicle wrecker, is
p. 13 ESH Packet Pg. 131
8.G.b
1 not resold as a major component part except for scrap metal value or
2 for remanufacture, and the vehicle wrecker maintains records for
3 three years from the date of acquisition to identify the name of the
4 person from whom the core was received. �j
5 (2) "Established place of business" means a building or enclosure v
6 which the vehicle wrecker occupies either continuously or at regular
7 periods and where his or her books and records are kept and business
z
8 is transacted and which must conform with zoning regulations . c
9 (3) "Interim owner" means the owner of a vehicle who has the c
10 original certificate of title for the vehicle, which certificate has
11 been released by the person named on the certificate and assigned to M
z
12 the person offering to sell the vehicle to the wrecker. v
a�
13 (4) "Major component part" includes at least each of the
c
14 following vehicle parts : (a) Engines and short blocks; (b) frame; (c) E
15 transmission and/or transfer case; (d) cab; (e) door; (f) front or
16 rear differential; (g) front or rear clip; (h) quarter panel; (i) M
c
17 truck bed or box; (j ) seat; (k) hood; (1) bumper; (m) fender; ( (an
18 (n) airbag; and (o) catalytic converter. The director may supplement
19 this list by rule. M
.r
20 (5) "Vehicle wrecker" means every person, firm, partnership,
3
21 association, or corporation engaged in the business of buying, J
22 selling, or dealing in vehicles of a type required to be registered o
.N
23 under the laws of this state, for the purpose of wrecking,
Cn
24 dismantling, disassembling, or substantially changing the form of a
25 vehicle, or who buys or sells integral secondhand parts of component
w
26 material thereof, in whole or in part, or who deals in secondhand -a
27 vehicle parts .
m
28 (6) "Wrecked vehicle" means a vehicle which is disassembled or
29 dismantled or a vehicle which is acquired with the intent to D
m
30 dismantle or disassemble and never again to operate as a vehicle, or c
U
31 a vehicle which has sustained such damage that its cost to repair
c
32 exceeds the fair market value of a like vehicle which has not E
L
33 sustained such damage, or a damaged vehicle whose salvage value plus U
Ln
34 cost to repair equals or exceeds its fair market value, if repaired, N
35 or a vehicle which has sustained such damage or deterioration that it N
0
36 may not lawfully operate upon the highways of this state for which `,
37 the salvage value plus cost to repair exceeds its fair market value,
38 if repaired; further, it is presumed that a vehicle is a wreck if it
39 has sustained such damage or deterioration that it may not lawfully a
40 operate upon the highways of this state.
p. 14 ESH Packet Pg. 132
8.G.b
1 Sec. 18 . RCW 46 . 80 . 080 and 2022 c 221 s 7 are each amended to
2 read as follows :
3 (1) Every vehicle wrecker shall maintain books or files in which
4 the wrecker shall keep a record and a description of: �j
5 (a) Every vehicle wrecked, dismantled, disassembled, or v
6 substantially altered by the wrecker; and
7 (b) Every major component part, including catalytic converters,
z
8 acquired by the wrecker; together with a bill of sale signed by a c
9 seller whose identity has been verified and the name and address of c
10 the person, firm, or corporation from whom the wrecker purchased the
11 vehicle or part . Major component parts other than cores shall be M
z
12 further identified by the vehicle identification number of the v
a�
13 vehicle from which the part came.
c
14 (2) The record shall also contain the following data regarding a)
E
15 the wrecked or acquired vehicle or vehicle that is the source of a
16 major component part, including catalytic converters, other than a M
c
17 core:
18 (a) The certificate of title number (if previously titled in this
19 or any other state) ; M
20 (b) Name of state where last registered;
21 (c) Number of the last license number plate issued; J
22 (d) Name of vehicle; o
.N
23 (e) Motor or identification number and serial number of the
Cn
24 vehicle;
25 (f) Date purchased; x
w
26 (g) Disposition of the motor and chassis; -a
27 (h) Yard number assigned by the licensee to the vehicle or major
m
28 component part, which shall also appear on the identified vehicle or
29 part; and
m
30 (i) Such other information as the department may require. c
U
31 (3) The records shall also contain a bill of sale signed by the
c
32 seller for other minor component parts, including catalytic E
L
33 converters, acquired by the licensee, identifying the seller by name, U
Ln
34 address, and date of sale. N
35 (4) In addition to all other requirements of this chapter, the N
0
36 records of each transaction involving the purchase of catalytic N
37 converters that have been removed from a vehicle shall also include, E
38 at a minimum, the following elements :
39 (a) The time, date, location, and value of the transaction; a
p. 15 ESH Packet Pg. 133
8.G.b
1 (b) The name of the employee representing the vehicle wrecker in
2 the transaction;
3 (c) The name, street address, and telephone number of the person -a
4 with whom the transaction is made; °
c�
5 (d) The license plate number and state of issuance of the license v
6 plate on the motor vehicle used to deliver the catalytic converter or
7 converters subject to the transaction; Y
_ a�
z
8 (e) A description of the motor vehicle used to deliver the c
9 catalytic converter or converters subject to the transaction; c
10 (f) A copy of the seller ' s current driver' s license or other
11 government-issued picture identification card; M
M
12 (g) The vehicle identification number of the vehicle from which v
a�
13 the catalytic converter was removed; c
:a
c
14 (h) A declaration signed by the seller that states substantially E
15 the following: Q
d
16 "I, the undersigned, affirm under penalty of law that the M
c
17 property that is subject to this transaction is not to the best of my a
O
18 knowledge stolen property and the information provided by me is
oo
19 accurate . "; and
M
v
20 (i) A photo of the catalytic converter that includes the vehicle
3
21 identification number marking required under section 23 of this act . J
22 (5) The records shall be maintained by the licensee at his or her o
N
23 established place of business for a period of three years from the
Cn
24 date of acquisition.
25 ( (+S+) ) (6) The record is subject to inspection at all times
w
26 during regular business hours by members of the police department, -a
27 sheriff' s office, members of the Washington state patrol, or officers
m
28 or employees of the department .
29 ( (+6+) ) (7) A vehicle wrecker shall also maintain a similar n
m
30 record of all disabled vehicles that have been towed or transported c
U
31 to the vehicle wrecker ' s place of business or to other places
c
32 designated by the owner of the vehicle or his or her representative . E
.r
33 This record shall specify the name and description of the vehicle, U
34 name of owner, number of license plate, condition of the vehicle and N
35 place to which it was towed or transported. N
0
36 ( ( }) ) ) Failure to comply with this section is a gross N
37 misdemeanor .
38 Sec. 19. RCW 46 . 80 . 210 and 2022 c 221 s 6 are each amended to a
39 read as follows :
p. 16 ESH Packet Pg. 134
8.G.b
1 (1) Payment to individual sellers of ( (pLAbate fftetal preperty a&
2 define lin RGW 19 .290 . catalytic converters that have been
3 removed from a vehicle may not be made at the time of the transaction
4 and shall not be paid earlier than three business days after the U
5 transaction was made. v
6 1Z No transaction involving catalytic converters that have been
7 removed from a vehicle may be made in cash or with any person who
z
8 does not provide a street address and photographic identification. c
9 The person with whom the transaction is being made may only be paid c
10 by a nontransferable check, mailed by the licensed auto wrecker to a
11 street address recorded according to RCW 46 . 80 . 080, no earlier than M
z
12 three days after the transaction was made . A transaction occurs on U
a�
13 the date provided in the record required under RCW 46 . 80 . 080 .
c
14 (3) This section does not apply to the purchase of material from
E
15 a licensed business that manufactures catalytic converters in the
16 ordinary course of its legal business . M
c
�a
L
17 NEW SECTION. Sec. 20 . A new section is added to chapter 46 . 80
oo
18 RCW to read as follows :
M
v
19 The license fees required under RCW 46 . 80 . 040 and 46 . 80 . 050 must
20 also include a $500 catalytic converter inspection fee to be M
Y p -J
21 deposited in the state patrol highway account, in order to support o
.N
22 the activities of the Washington state patrol under section 21 of m
23 this act.
z
x
w
24 NEW SECTION. Sec. 21 . A new section is added to chapter 43 . 43 -a
25 RCW to read as follows :
m
26 Subject to the availability of amounts appropriated for this
27 specific purpose, the Washington state patrol shall :
m
28 (1) Conduct periodic inspections at least once a year of all c
U
29 licensed purchasers of catalytic converters that have been removed
c
30 from vehicles that are licensed under chapter 46 . 79 or 46 . 80 RCW; E
L
31 (2) Develop a standardized inspection form and train local law U
Ln
32 enforcement agencies, civilian employees, and limited authority law N
33 enforcement personnel on inspection procedures of licensed N
0
N
34 purchasers;
35 (3) Specify which specific law enforcement agencies have a duty E
36 to inspect the different business types that are licensed to purchase
37 catalytic converters; and a
p . 17 ESH Packet Pg. 135
8.G.b
1 (4) Authorize inspections to be conducted by civilian employees
2 or limited authority law enforcement agencies if necessary to
3 increase the availability of potential inspectors, provided that the
4 Washington state patrol shall retain oversight of such inspections . �j
t�
5 Sec. 22 . RCW 46 . 12 . 560 and 2011 c 114 s 7 are each amended to c
m
6 read as follows : Y
d
z
7 (1) (a) Before accepting an application for a certificate of c
8 title, the department, county auditor or other agent, or subagent c
9 appointed by the director shall require an applicant to provide a
10 certificate of vehicle inspection completed by the Washington state M
z
11 patrol or other authorized inspector if the vehicle: v
a�
12 (i) Was declared a total loss or salvage vehicle under the laws ia
c
13 of this state; a)
E
14 (ii) Has been rebuilt after the certificate of title was returned a
a�
15 to the department under RCW 46 . 12 . 600 and the vehicle was not kept by M
c
16 the registered owner at the time of the vehicle ' s destruction or
O
17 declaration as a total loss; or
18 (iii) Is presented with documents from another state showing that M
19 the vehicle was a total loss or salvage vehicle and has not been
3
20 reissued a valid registration certificate from that state after the J
21 declaration of total loss or salvage . o
.N
22 (b) A vehicle presented for inspection must have all damaged
Cn
23 major component parts replaced or repaired to meet all requirements
M
24 in law and rule before the Washington state patrol will inspect the E
w
25 vehicle . The inspection must verify that the vehicle identification -a
26 number is genuine and agrees with the number shown on the certificate
m
27 of title and registration certificate .
28 (c) A Washington state patrol vehicle identification number M
m
29 specialist must ensure that all major component parts used for the c
U
30 reconstruction of a salvage or rebuilt vehicle were obtained legally,
c
31 and must securely attach a marking at the driver' s door latch pillar
L
32 indicating the vehicle was previously destroyed or declared a total v
Ln
33 loss . It is a class C felony for a person to remove the marking N
34 indicating that the vehicle was previously destroyed or declared a N
0
35 total loss . N
36 (2) A person presenting a vehicle for inspection under subsection E
37 (1) of this section must provide original invoices for new and used
38 parts from: a
p. 18 ESH Packet Pg. 136
8.G.b
1 (a) A vendor that is registered with the department of revenue or
2 a comparable agency in the jurisdiction where the major component
3 parts were purchased for the collection of retail sales or use taxes .
4 The invoices must include: �j
5 (i) The name and address of the business; v
6 (ii) A description of the part or parts sold;
7 (iii) The date of sale; and Y
a�
z
8 (iv) The amount of sale to include all taxes paid unless exempted c
9 by the department of revenue or a comparable agency in the c
of
10 jurisdiction where the major component parts were purchased;
11 (b) A vehicle wrecker licensed under chapter 46 . 80 RCW or a M
z
12 comparable business in the jurisdiction outside Washington state v
a�
13 where the major component part was purchased; and
c
14 (c) Private individuals . The private individual must have the
E
15 certificate of title to the vehicle where the parts were taken from
16 unless the parts were obtained from a parts car owned by a collector. M
c
17 Bills of sale for parts must be notarized and include:
18 (i) The names and addresses of the sellers and purchasers;
19 (ii) A description of the vehicle and the part or parts being M
20 sold, including the make, model, year, and identification or serial
3
21 number; M
J
22 (iii) The date of sale; and o
.N
23 (iv) The purchase price of the vehicle part or parts .
M
24 (3) A person presenting a vehicle for inspection under this
25 section who is unable to provide an acceptable release of interest or x
w
26 proof of ownership for a vehicle or major component part as described -a
27 in this section shall apply for an ownership in doubt application
m
28 described in RCW 46 . 12 . 680 . a
29 (4) (a) Before accepting an application for a certificate of M
a)
30 title, the department, county auditor or other agent, or subagent c
U
31 appointed by the director shall require an applicant to provide a
c
32 certificate of vehicle inspection completed by the Washington state E
L
33 patrol or other authorized inspector when the application is for a v
Ln
34 vehicle being titled for the first time as : N
35 (i) Assembled;
N
O
36 (ii) Glider kit; N
c
37 (iii) Homemade;
E
38 (iv) Kit vehicle;
39 (v) Street rod vehicle; a
40 (vi) Custom vehicle; or
p. 19 ESH Packet Pg. 137
8.G.b
1 (vii) Subject to ownership in doubt under RCW 46 . 12 . 680 .
2 (b) The inspection must verify that the vehicle identification
3 number is genuine and agrees with the number shown on the certificate
4 of title and registration certificate . �j
5 (5) (a) Before accepting an application for a certificate of v
6 title, the department, county auditor or other agent, or subagent
7 appointed by the director shall require an applicant to provide a
z
8 certificate of vehicle inspection completed by the Washington state c
9 patrol when the application is for a vehicle with a vehicle c
10 identification number that has been:
11 (i) Altered; M
z
12 (ii) Defaced; v
a�
c
13 (iii) Obliterated; :a
c
14 (iv) Omitted; a)
E
15 (v) Removed; or a
a�
16 (vi) Otherwise absent. M
M
c
17 (b) The application must include payment of the fee required in
18 RCW 46 . 17 . 135 .
19 (c) The Washington state patrol shall assign a new vehicle M
20 identification number to the vehicle and place or stamp the new
3
21 number in a conspicuous position on the vehicle . J
22 (d) The department shall use the new vehicle identification o
.N
23 number assigned by the Washington state patrol as the official
Cn
24 vehicle identification number assigned to the vehicle .
25 (6) The department may adopt rules as necessary to implement this x
w
26 section .
L
27 (7) Nothing in this section creates a requirement for the
m
28 Washington state patrol to inspect attached catalytic converters as
29 major component parts .
m
0
U
30 NEW SECTION. Sec. 23 . A new section is added to chapter 9A. 82
c
31 RCW to read as follows : E
L
32 (1) Any person who removes a catalytic converter from a vehicle V
Ln
33 for a purpose other than maintenance, repair, or demolition, or who N
34 knowingly possesses an unmarked detached catalytic converter, must N
0
35 permanently mark the detached catalytic converter with the last eight N
36 digits of the originating vehicle ' s vehicle identification number
37 such that at least a portion of the marking is visible from any side .
38 The marking must be completed in a reasonable time after removal, but a
p. 20 ESH Packet Pg. 138
8.G.b
1 no later than 24 hours after removal, and before off-site transport
2 of the detached catalytic converter.
3 (2) Detached catalytic converters that are not marked as required
4 by this section are subject to immediate seizure and forfeiture by �j
5 law enforcement . v
6 (3) (a) Except as provided in (b) of this subsection, it is a
7 gross misdemeanor for any person to intentionally remove, alter or
z
8 obliterate from a detached catalytic converter the last eight digits c
9 of the originating vehicle identification number, as required by c
10 subsection (1) of this section.
11 (b) A person who intentionally removes, alters, or obliterates M
z
12 from a detached catalytic converter the last eight digits of the v
a�
13 original vehicle identification number is guilty of a class C felony 15
c
14 punishable according to chapter 9A. 20 RCW if the person has E
15 previously been convicted under this subsection.
16 (4) It is a gross misdemeanor for any person who is not a scrap M
c
17 processor licensed under chapter 46 . 79 RCW or vehicle wrecker
O
18 licensed under chapter 46 . 80 RCW to knowingly possess, sell, or offer
19 for sale six or fewer detached catalytic converters that do not M
20 comply with the marking requirements under subsection (1) of this
21 section. 3
J
22 (5) It is a class C felony for any person who is not a scrap o
.N
23 processor licensed under chapter 46 . 79 RCW or vehicle wrecker
Cn
24 licensed under chapter 46 . 80 RCW to knowingly possess, sell, or offer
25 for sale seven or more detached catalytic converters that do not x
w
26 comply with the marking requirements under subsection (1) of this -a
27 section. O
m
28 (6) Where a case is legally sufficient to charge an alleged M
29 juvenile offender with a violation under this section, and that M
m
30 violation would be the alleged offender ' s first violation involving c
U
31 detached catalytic converters, the prosecutor is encouraged to divert
c
32 the case pursuant to RCW 13 . 40 . 070 . E
L
33 (7) It is an affirmative defense to this section that the v
Ln
34 possessor removed the detached catalytic converter with the N
35 permission of the registered owner of the vehicle or vehicles . N
0
N
a+
36 NEW SECTION. Sec. 24 . A new section is added to chapter 9A. 82 E
37 RCW to read as follows :
38 (1) A person is guilty of trafficking in catalytic converters in a
39 the first degree if the person knowingly:
p. 21 ESH Packet Pg. 139
8.G.b
1 (a) Traffics seven or more catalytic converters that have been
2 removed from a motor vehicle, without fulfilling the requirements
3 under chapter 46 . 79 or 46 . 80 RCW for lawful transfer; or
4 (b) Purchases a catalytic converter that has been removed from a �j
5 motor vehicle, without possessing a valid scrap processor license v
6 under chapter 46 . 79 RCW or vehicle wrecker license under chapter
7 46 . 80 RCW. Y
a�
z
8 (2) Trafficking in catalytic converters in the first degree is a c
9 class C felony. c
of
L
d
10 NEW SECTION. Sec. 25 . A new section is added to chapter 9 . 94A M
z
11 RCW to read as follows : v
a�
12 The court shall make a finding of fact of the special allegation ia
c
13 or, if a jury is had, the jury shall, if it finds the defendant E
14 guilty, also find a special verdict as to the special allegation, in
15 a criminal case where: M
M
c
16 (1) The defendant has been convicted of trafficking in catalytic
O
17 converters in the first degree; and
18 (2) There has been a special allegation pleaded and proven beyond M
19 a reasonable doubt that the defendant knowingly (a) trafficked seven
3
20 or more catalytic converters that were removed from a motor vehicle J
21 without fulfilling the requirements under chapter 46 . 79 or 46 . 80 RCW o
.N
22 for lawful transfer; or (b) purchased a catalytic converter that has
Cn
23 been removed from a motor vehicle without possessing a valid scrap
24 processor license under chapter 46 . 79 RCW or vehicle wrecker license
w
25 under chapter 46 . 80 RCW, for the purpose of selling, transferring, or -a
26 exchanging them online .
m
�a
27 NEW SECTION. Sec. 26. A new section is added to chapter 9A. 82 M
m
28 RCW to read as follows :
0
U
29 (1) A person is guilty of trafficking in catalytic converters in
c
30 the second degree if the person knowingly traffics six or fewer
L
31 catalytic converters that have been removed from a motor vehicle, v
Ln
32 without fulfilling the requirements under chapter 46 . 79 or 46 . 80 RCW N
33 for lawful transfer.
N
O
34 (2) Trafficking in catalytic converters in the second degree is a `,
35 class C felony.
M
36 Sec. 27 . RCW 9A. 82 . 010 and 2013 c 302 s 10 are each amended to a
37 read as follows :
p. 22 ESH Packet Pg. 140
8.G.b
1 Unless the context requires the contrary, the definitions in this
2 section apply throughout this chapter.
3 (1) (a) "Beneficial interest" means : as
4 (i) The interest of a person as a beneficiary under a trust �j
5 established under Title 11 RCW in which the trustee for the trust v
6 holds legal or record title to real property;
7 (ii) The interest of a person as a beneficiary under any other
z
8 trust arrangement under which a trustee holds legal or record title c
9 to real property for the benefit of the beneficiary; or c
10 (iii) The interest of a person under any other form of express
11 fiduciary arrangement under which one person holds legal or record M
z
12 title to real property for the benefit of the other person. v
a�
13 (b) "Beneficial interest" does not include the interest of a
c
14 stockholder in a corporation or the interest of a partner in a
E
15 general partnership or limited partnership.
16 (c) A beneficial interest is considered to be located where the M
c
17 real property owned by the trustee is located.
18 (2) "Control" means the possession of a sufficient interest to
19 permit substantial direction over the affairs of an enterprise . M
20 (3) "Creditor" means a person making an extension of credit or a
3
21 person claiming by, under, or through a person making an extension of J
22 credit . o
.N
23 (4) "Criminal profiteering" means any act, including any
W
24 anticipatory or completed offense, committed for financial gain, that
25 is chargeable or indictable under the laws of the state in which the
w
26 act occurred and, if the act occurred in a state other than this -a
27 state, would be chargeable or indictable under the laws of this state
m
28 had the act occurred in this state and punishable as a felony and by
29 imprisonment for more than one year, regardless of whether the act is D
m
30 charged or indicted, as any of the following: c
U
31 (a) Murder, as defined in RCW 9A. 32 . 030 and 9A. 32 . 050;
c
32 (b) Robbery, as defined in RCW 9A. 56 .200 and 9A. 56 .210; E
L
33 (c) Kidnapping, as defined in RCW 9A. 40 . 020 and 9A. 40 . 030; v
Ln
34 (d) Forgery, as defined in RCW 9A. 60 . 020 and 9A. 60 . 030; N
35 (e) Theft, as defined in RCW 9A. 56 . 030, 9A. 56 . 040, 9A. 56 . 060, N
0
36 9A. 56 . 080, and 9A. 56 . 083; N
37 (f) Unlawful sale of subscription television services, as defined
38 in RCW 9A. 56 . 230;
a
p . 23 ESH Packet Pg. 141
8.G.b
1 (g) Theft of telecommunication services or unlawful manufacture
2 of a telecommunication device, as defined in RCW 9A. 56 . 262 and
3 9A. 56 . 264;
4 (h) Child selling or child buying, as defined in RCW 9A. 64 . 030; �j
5 (i) Bribery, as defined in RCW 9A. 68 . 010, 9A. 68 . 020, 9A. 68 . 040, v
6 and 9A. 68 . 050;
7 (j ) Gambling, as defined in RCW 9 . 46 . 220 and 9 . 46 . 215 and
z
8 9 . 46 . 217; c
9 (k) Extortion, as defined in RCW 9A. 56 . 120 and 9A. 56 . 130; c
10 (1) Unlawful production of payment instruments, unlawful
11 possession of payment instruments, unlawful possession of a personal M
z
12 identification device, unlawful possession of fictitious v
a�
13 identification, or unlawful possession of instruments of financial
c
14 fraud, as defined in RCW 9A. 56 . 320;
E
15 (m) Extortionate extension of credit, as defined in RCW
16 9A. 82 . 020; M
c
17 (n) Advancing money for use in an extortionate extension of
O
18 credit, as defined in RCW 9A. 82 . 030;
19 (o) Collection of an extortionate extension of credit, as defined M
20 in RCW 9A. 82 . 040;
3
21 (p) Collection of an unlawful debt, as defined in RCW 9A. 82 . 045; M
J
22 (q) Delivery or manufacture of controlled substances or o
.N
23 possession with intent to deliver or manufacture controlled
W
24 substances under chapter 69 . 50 RCW;
25 (r) Trafficking in stolen property, as defined in RCW 9A. 82 . 050; x
w
26 (s) Leading organized crime, as defined in RCW 9A. 82 . 060; -a
27 (t) Money laundering, as defined in RCW 9A. 83 . 020;
m
28 (u) Obstructing criminal investigations or prosecutions in
29 violation of RCW 9A. 72 . 090, 9A. 72 . 100, 9A. 72 . 110, 9A. 72 . 120,
m
30 9A. 72 . 130, 9A. 76 . 070, or 9A. 76 . 180; c
U
31 (v) Fraud in the purchase or sale of securities, as defined in
c
32 RCW 21 . 20 . 010; E
L
33 (w) Promoting pornography, as defined in RCW 9 . 68 . 140; v
Ln
34 (x) Sexual exploitation of children, as defined in RCW 9 . 68A. 040, N
35 9 . 68A. 050, and 9 . 68A. 060; N
0
36 (y) Promoting prostitution, as defined in RCW 9A. 88 . 070 and `4
37 9A. 88 . 080;
38 (z) Arson, as defined in RCW 9A. 48 . 020 and 9A. 48 . 030;
39 (aa) Assault, as defined in RCW 9A. 36 . 011 and 9A. 36 . 021; a
p. 24 ESH Packet Pg. 142
8.G.b
1 (bb) Assault of a child, as defined in RCW 9A. 36 . 120 and
2 9A. 36 . 130;
3 (cc) A pattern of equity skimming, as defined in RCW 61 . 34 . 020;
4 (dd) Commercial telephone solicitation in violation of RCW �j
5 19 . 158 . 040 (1) ; v
6 (ee) Trafficking in insurance claims, as defined in RCW
7 48 . 30A. 015;
z
8 (ff) Unlawful practice of law, as defined in RCW 2 . 48 . 180; c
9 (gg) Commercial bribery, as defined in RCW 9A. 68 . 060; N
of
10 (hh) Health care false claims, as defined in RCW 48 . 80 . 030;
11 (ii) Unlicensed practice of a profession or business, as defined M
z
12 in RCW 18 . 130 . 190 (7) ; v
a�
13 (jj ) Improperly obtaining financial information, as defined in S
c
14 RCW 9 . 35 . 010;
15 (kk) Identity theft, as defined in RCW 9 . 35 . 020;
16 (11) Unlawful shipment of cigarettes in violation of RCW
c
17 70 . 155 . 105 (6) (a) or (b) ; T
18 (mm) Unlawful shipment of cigarettes in violation of RCW
oo
19 82 . 24 . 110 (2) ; M
20 (nn) Unauthorized sale or procurement of telephone records in
3
21 violation of RCW 9 . 26A. 140; M
J
22 (oo) Theft with the intent to resell, as defined in RCW o
.2
23 9A. 56 . 340;
W
24 (pp) Organized retail theft, as defined in RCW 9A. 56 . 350;
25 (qq) Mortgage fraud, as defined in RCW 19 . 144 . 080; x
w
26 (rr) Commercial sexual abuse of a minor, as defined in RCW -a
27 9 . 68A. 100;
m
28 (ss) Promoting commercial sexual abuse of a minor, as defined in
29 RCW 9 . 68A. 101; ( (e-r-) )
m
30 (tt) Trafficking, as defined in RCW 9A. 40 . 100, promoting travel c
U
31 for commercial sexual abuse of a minor, as defined in RCW 9 . 68A. 102,
c
32 and permitting commercial sexual abuse of a minor, as defined in RCW E
.r
33 9 . 68A. 103; or v
Ln
34 (uu) Trafficking in catalytic converters, as defined in sections N
35 24 and 26 of this act .
N
O
36 (5) "Dealer in property" means a person who buys and sells N
37 property as a business .
38 (6) "Debtor" means a person to whom an extension of credit is
39 made or a person who guarantees the repayment of an extension of a
40 credit or in any manner undertakes to indemnify the creditor against
p. 25 ESH Packet Pg. 143
8.G.b
1 loss resulting from the failure of a person to whom an extension is
2 made to repay the same .
3 (7) "Documentary material" means any book, paper, document, -0
4 writing, drawing, graph, chart, photograph, phonograph record, �j
5 magnetic tape, computer printout, other data compilation from which v
6 information can be obtained or from which information can be c
m
7 translated into usable form, or other tangible item.
z
8 (8) "Enterprise" includes any individual, sole proprietorship,
0
9 partnership, corporation, business trust, or other profit or c
10 nonprofit legal entity, and includes any union, association, or group
11 of individuals associated in fact although not a legal entity, and M
z
12 both illicit and licit enterprises and governmental and v
a�
13 nongovernmental entities .
c
14 (9) "Extortionate extension of credit" means an extension of E
15 credit with respect to which it is the understanding of the creditor
16 and the debtor at the time the extension is made that delay in making M
c
17 repayment or failure to make repayment could result in the use of
O
18 violence or other criminal means to cause harm to the person,
19 reputation, or property of any person. M
20 (10) "Extortionate means" means the use, or an express or
3
21 implicit threat of use, of violence or other criminal means to cause J
22 harm to the person, reputation, or property of any person. o
0
23 (11) "Financial institution" means any bank, trust company,
Cn
24 savings and loan association, savings bank, mutual savings bank,
25 credit union, or loan company under the jurisdiction of the state or x
w
26 an agency of the United States . 'a
27 (12) "Pattern of criminal profiteering activity" means engaging
m
28 in at least three acts of criminal profiteering, one of which
29 occurred after July 1, 1985, and the last of which occurred within
m
30 five years, excluding any period of imprisonment, after the c
U
31 commission of the earliest act of criminal profiteering. In order to
c
32 constitute a pattern, the three acts must have the same or similar
L
33 intent, results, accomplices, principals, victims, or methods of v
Ln
34 commission, or be otherwise interrelated by distinguishing N
35 characteristics including a nexus to the same enterprise, and must N
0
36 not be isolated events . However, in any civil proceedings brought N
37 pursuant to RCW 9A. 82 . 100 by any person other than the attorney
38 general or county prosecuting attorney in which one or more acts of
0
39 fraud in the purchase or sale of securities are asserted as acts of a
40 criminal profiteering activity, it is a condition to civil liability
p. 26 ESH Packet Pg. 144
8.G.b
1 under RCW 9A. 82 . 100 that the defendant has been convicted in a
2 criminal proceeding of fraud in the purchase or sale of securities
3 under RCW 21 . 20 . 400 or under the laws of another state or of the as
4 United States requiring the same elements of proof, but such �j
5 conviction need not relate to any act or acts asserted as acts of v
6 criminal profiteering activity in such civil action under RCW
Y
7 9A. 82 . 100 .
z
8 (13) "Real property" means any real property or interest in real c
9 property, including but not limited to a land sale contract, lease, c
of
10 or mortgage of real property. L
a�
11 (14) "Records" means any book, paper, writing, record, computer M
z
12 program, or other material . v
a�
13 (15) "Repayment of an extension of credit" means the repayment,
c
14 satisfaction, or discharge in whole or in part of a debt or claim, a)
E
15 acknowledged or disputed, valid or invalid, resulting from or in
16 connection with that extension of credit . M
M
c
17 (16) "Stolen property" means property that has been obtained by
18 theft, robbery, or extortion.
19 (17) "To collect an extension of credit" means to induce in any M
20 way a person to make repayment thereof.
21 (18) "To extend credit" means to make or renew a loan or to enter 3
J
22 into an agreement, tacit or express, whereby the repayment or o
.N
23 satisfaction of a debt or claim, whether acknowledged or disputed,
Cn
24 valid or invalid, and however arising, may or shall be deferred.
25 (19) "Traffic" means to sell, transfer, distribute, dispense, or
w
26 otherwise dispose of stolen property to another person, or to buy, -a
27 receive, possess, or obtain control of stolen property, with intent
m
28 to sell, transfer, distribute, dispense, or otherwise dispose of the
29 property to another person.
m
30 (20) (a) "Trustee" means : c
U
31 (i) A person acting as a trustee under a trust established under
c
32 Title 11 RCW in which the trustee holds legal or record title to real
L
33 property; v
Ln
34 (ii) A person who holds legal or record title to real property in N
35 which another person has a beneficial interest; or N
0
36 (iii) A successor trustee to a person who is a trustee under N
37 (a) (i) or (ii) of this subsection.
38 (b) "Trustee" does not mean a person appointed or acting as :
39 (i) A personal representative under Title 11 RCW; a
40 (ii) A trustee of any testamentary trust;
p. 27 ESH Packet Pg. 145
8.G.b
1 (iii) A trustee of any indenture of trust under which a bond is
2 issued; or
3 (iv) A trustee under a deed of trust .
4 (21) "Unlawful debt" means any money or other thing of value �j
5 constituting principal or interest of a debt that is legally v
6 unenforceable in the state in full or in part because the debt was
7 incurred or contracted: Y
a�
z
8 (a) In violation of any one of the following: c
9 (i) Chapter 67 . 16 RCW relating to horse racing; c
10 (ii) Chapter 9 . 46 RCW relating to gambling;
11 (b) In a gambling activity in violation of federal law; or M
z
12 (c) In connection with the business of lending money or a thing v
a�
13 of value at a rate that is at least twice the permitted rate under
c
14 the applicable state or federal law relating to usury.
E
Q
a�
15 Sec. 28 . RCW 9 . 94A. 533 and 2020 c 330 s 1 and 2020 c 141 s 1 are M
M
c
16 each reenacted and amended to read as follows :
17 (1) The provisions of this section apply to the standard sentence
18 ranges determined by RCW 9 . 94A. 510 or 9 . 94A. 517 . M
19 (2) For persons convicted of the anticipatory offenses of
3
20 criminal attempt, solicitation, or conspiracy under chapter 9A. 28 J
21 RCW, the standard sentence range is determined by locating the o
.N
22 sentencing grid sentence range defined by the appropriate offender
23 score and the seriousness level of the completed crime, and
24 multiplying the range by seventy-five percent . x
w
25 (3) The following additional times shall be added to the standard -a
26 sentence range for felony crimes committed after July 23, 1995, if
m
27 the offender or an accomplice was armed with a firearm as defined in
28 RCW 9 . 41 . 010 and the offender is being sentenced for one of the M
m
29 crimes listed in this subsection as eligible for any firearm c
U
30 enhancements based on the classification of the completed felony
c
31 crime . If the offender is being sentenced for more than one offense, E
L
32 the firearm enhancement or enhancements must be added to the total v
33 period of confinement for all offenses, regardless of which N
34 underlying offense is subject to a firearm enhancement . If the N
0
35 offender or an accomplice was armed with a firearm as defined in RCW N
36 9 . 41 . 010 and the offender is being sentenced for an anticipatory
37 offense under chapter 9A. 28 RCW to commit one of the crimes listed in
38 this subsection as eligible for any firearm enhancements, the a
39 following additional times shall be added to the standard sentence
p. 28 ESH Packet Pg. 146
8.G.b
1 range determined under subsection (2) of this section based on the
2 felony crime of conviction as classified under RCW 9A. 28 . 020 :
3 (a) Five years for any felony defined under any law as a class A
4 felony or with a statutory maximum sentence of at least twenty years, �j
5 or both, and not covered under (f) of this subsection; v
6 (b) Three years for any felony defined under any law as a class B
7 felony or with a statutory maximum sentence of ten years, or both,
z
8 and not covered under (f) of this subsection; c
9 (c) Eighteen months for any felony defined under any law as a c
10 class C felony or with a statutory maximum sentence of five years, or
11 both, and not covered under (f) of this subsection; M
z
12 (d) If the offender is being sentenced for any firearm v
a�
13 enhancements under (a) , (b) , and/or (c) of this subsection and the
c
14 offender has previously been sentenced for any deadly weapon E
15 enhancements after July 23, 1995, under (a) , (b) , and/or (c) of this
16 subsection or subsection (4) (a) , (b) , and/or (c) of this section, or M
c
17 both, all firearm enhancements under this subsection shall be twice
O
18 the amount of the enhancement listed;
19 (e) Notwithstanding any other provision of law, all firearm CO
20 enhancements under this section are mandatory, shall be served in
3
21 total confinement, and shall run consecutively to all other J
22 sentencing provisions, including other firearm or deadly weapon o
.N
23 enhancements, for all offenses sentenced under this chapter. However,
Cn
24 whether or not a mandatory minimum term has expired, an offender
25 serving a sentence under this subsection may be : x
w
26 (i) Granted an extraordinary medical placement when authorized -a
27 under RCW 9 . 94A. 728 (1) (c) ; or
m
28 (ii) Released under the provisions of RCW 9 . 94A. 730; a
29 (f) The firearm enhancements in this section shall apply to all M
m
30 felony crimes except the following: Possession of a machine gun or c
U
31 bump-fire stock, possessing a stolen firearm, drive-by shooting,
c
32 theft of a firearm, unlawful possession of a firearm in the first and
L
33 second degree, and use of a machine gun or bump-fire stock in a v
Ln
34 felony; o
N
35 (g) If the standard sentence range under this section exceeds the N
0
36 statutory maximum sentence for the offense, the statutory maximum `4
37 sentence shall be the presumptive sentence unless the offender is a
38 persistent offender. If the addition of a firearm enhancement
39 increases the sentence so that it would exceed the statutory maximum a
p. 29 ESH Packet Pg. 147
8.G.b
1 for the offense, the portion of the sentence representing the
2 enhancement may not be reduced.
3 (4) The following additional times shall be added to the standard
4 sentence range for felony crimes committed after July 23, 1995, if �j
5 the offender or an accomplice was armed with a deadly weapon other v
6 than a firearm as defined in RCW 9 . 41 . 010 and the offender is being m
7 sentenced for one of the crimes listed in this subsection as eligible
z
8 for any deadly weapon enhancements based on the classification of the c
9 completed felony crime . If the offender is being sentenced for more c
of
10 than one offense, the deadly weapon enhancement or enhancements must
11 be added to the total period of confinement for all offenses, M
z
12 regardless of which underlying offense is subject to a deadly weapon v
a�
13 enhancement. If the offender or an accomplice was armed with a deadly
c
14 weapon other than a firearm as defined in RCW 9 . 41 . 010 and the E
15 offender is being sentenced for an anticipatory offense under chapter
16 9A. 28 RCW to commit one of the crimes listed in this subsection as M
c
17 eligible for any deadly weapon enhancements, the following additional
O
18 times shall be added to the standard sentence range determined under
19 subsection (2) of this section based on the felony crime of M
20 conviction as classified under RCW 9A.28 . 020 :
21 (a) Two ears for an felon defined under an law as a class A 3
Y Y Y Y �
22 felony or with a statutory maximum sentence of at least twenty years, o
N
23 or both, and not covered under (f) of this subsection;
Cn
24 (b) One year for any felony defined under any law as a class B
25 felony or with a statutory maximum sentence of ten years, or both, x
w
26 and not covered under (f) of this subsection; -a
27 (c) Six months for any felony defined under any law as a class C
m
28 felony or with a statutory maximum sentence of five years, or both,
29 and not covered under (f) of this subsection;
m
30 (d) If the offender is being sentenced under (a) , (b) , and/or (c) c
U
31 of this subsection for any deadly weapon enhancements and the
c
32 offender has previously been sentenced for any deadly weapon E
L
33 enhancements after July 23, 1995, under (a) , (b) , and/or (c) of this v
Ln
34 subsection or subsection (3) (a) , (b) , and/or (c) of this section, or N
35 both, all deadly weapon enhancements under this subsection shall be N
0
36 twice the amount of the enhancement listed; N
37 (e) Notwithstanding any other provision of law, all deadly weapon E
38 enhancements under this section are mandatory, shall be served in
39 total confinement, and shall run consecutively to all other a
40 sentencing provisions, including other firearm or deadly weapon
p. 30 ESH Packet Pg. 148
8.G.b
1 enhancements, for all offenses sentenced under this chapter. However,
2 whether or not a mandatory minimum term has expired, an offender
3 serving a sentence under this subsection may be :
4 (i) Granted an extraordinary medical placement when authorized �j
5 under RCW 9 . 94A. 728 (1) (c) ; or
c.�
6 (ii) Released under the provisions of RCW 9 . 94A. 730;
7 (f) The deadly weapon enhancements in this section shall apply to
z
8 all felony crimes except the following: Possession of a machine gun c
9 or bump-fire stock, possessing a stolen firearm, drive-by shooting, N
10 theft of a firearm, unlawful possession of a firearm in the first and
11 second degree, and use of a machine gun or bump-fire stock in a M
z
12 felony; v
a�
13 (g) If the standard sentence range under this section exceeds the
c
14 statutory maximum sentence for the offense, the statutory maximum a)
E
15 sentence shall be the presumptive sentence unless the offender is a
16 persistent offender. If the addition of a deadly weapon enhancement M
c
17 increases the sentence so that it would exceed the statutory maximum
O
18 for the offense, the portion of the sentence representing the
19 enhancement may not be reduced. M
20 (5) The following additional times shall be added to the standard
3
21 sentence range if the offender or an accomplice committed the offense J
22 while in a county jail or state correctional facility and the o
0
23 offender is being sentenced for one of the crimes listed in this
Cn
24 subsection. If the offender or an accomplice committed one of the
25 crimes listed in this subsection while in a county jail or state x
w
26 correctional facility, and the offender is being sentenced for an -a
27 anticipatory offense under chapter 9A. 28 RCW to commit one of the
m
28 crimes listed in this subsection, the following additional times
29 shall be added to the standard sentence range determined under M
m
30 subsection (2) of this section:
0
U
31 (a) Eighteen months for offenses committed under RCW 69 . 50 . 401 (2)
c
32 (a) or (b) or 69 . 50 . 410; E
L
33 (b) Fifteen months for offenses committed under RCW 69 . 50 . 401 (2) v
Ln
34 (c) , (d) , or (e) ; N
35 (c) Twelve months for offenses committed under RCW 69 . 50 . 4013 .
N
O
36 For the purposes of this subsection, all of the real property of N
37 a state correctional facility or county jail shall be deemed to be
38 part of that facility or county jail .
39 (6) An additional twenty-four months shall be added to the a
40 standard sentence range for any ranked offense involving a violation
p. 31 ESH Packet Pg. 149
8.G.b
1 of chapter 69 . 50 RCW if the offense was also a violation of RCW
2 69 . 50 . 435 or 9 . 94A. 827 . All enhancements under this subsection shall
3 run consecutively to all other sentencing provisions, for all
4 offenses sentenced under this chapter. �j
5 (7) An additional two years shall be added to the standard v
6 sentence range for vehicular homicide committed while under the
7 influence of intoxicating liquor or any drug as defined by RCW
z
8 46 . 61 . 502 for each prior offense as defined in RCW 46 . 61 . 5055 . 4-
0
9 Notwithstanding any other provision of law, all impaired driving c
10 enhancements under this subsection are mandatory, shall be served in
11 total confinement, and shall run consecutively to all other M
z
12 sentencing provisions, including other impaired driving enhancements, v
a�
13 for all offenses sentenced under this chapter.
c
14 An offender serving a sentence under this subsection may be a)
E
15 granted an extraordinary medical placement when authorized under RCW
16 9 . 94A. 728 (1) (c) M
c
17 (8) (a) The following additional times shall be added to the
O
18 standard sentence range for felony crimes committed on or after July
19 1, 2006, if the offense was committed with sexual motivation, as that M
20 term is defined in RCW 9 . 94A. 030 . If the offender is being sentenced
3
21 for more than one offense, the sexual motivation enhancement must be J
22 added to the total period of total confinement for all offenses, o
.N
23 regardless of which underlying offense is subject to a sexual m
24 motivation enhancement . If the offender committed the offense with
25 sexual motivation and the offender is being sentenced for an x
w
26 anticipatory offense under chapter 9A.28 RCW, the following -a
27 additional times shall be added to the standard sentence range
m
28 determined under subsection (2) of this section based on the felony
29 crime of conviction as classified under RCW 9A.28 . 020 :
m
30 (i) Two years for any felony defined under the law as a class A c
U
31 felony or with a statutory maximum sentence of at least twenty years,
c
32 or both; E
L
33 (ii) Eighteen months for any felony defined under any law as a v
Ln
34 class B felony or with a statutory maximum sentence of ten years, or N
35 both; N
0
36 (iii) One year for any felony defined under any law as a class C N
c
37 felony or with a statutory maximum sentence of five years, or both; m
E
38 (iv) If the offender is being sentenced for any sexual motivation
0
39 enhancements under (a) (i) , (ii) , and/or (iii) of this subsection and a
40 the offender has previously been sentenced for any sexual motivation
p. 32 ESH Packet Pg. 150
8.G.b
1 enhancements on or after July 1, 2006, under (a) (i) , (ii) , and/or
2 (iii) of this subsection, all sexual motivation enhancements under
3 this subsection shall be twice the amount of the enhancement listed;
4 (b) Notwithstanding any other provision of law, all sexual �j
5 motivation enhancements under this subsection are mandatory, shall be v
6 served in total confinement, and shall run consecutively to all other
7 sentencing provisions, including other sexual motivation
z
8 enhancements, for all offenses sentenced under this chapter. However, c
9 whether or not a mandatory minimum term has expired, an offender c
10 serving a sentence under this subsection may be:
11 (i) Granted an extraordinary medical placement when authorized M
z
12 under RCW 9 . 94A. 728 (1) (c) ; or v
a�
13 (ii) Released under the provisions of RCW 9 . 94A. 730; S
c
14 (c) The sexual motivation enhancements in this subsection apply E
Q
15 to all felony crimes;
16 (d) If the standard sentence range under this subsection exceeds M
c
17 the statutory maximum sentence for the offense, the statutory maximum a
O
18 sentence shall be the presumptive sentence unless the offender is a
19 persistent offender. If the addition of a sexual motivation M
20 enhancement increases the sentence so that it would exceed the
3
21 statutory maximum for the offense, the portion of the sentence J
22 representing the enhancement may not be reduced; o
N
23 (e) The portion of the total confinement sentence which the
Cn
24 offender must serve under this subsection shall be calculated before
25 any earned early release time is credited to the offender; x
w
26 (f) Nothing in this subsection prevents a sentencing court from -a
27 imposing a sentence outside the standard sentence range pursuant to
m
28 RCW 9 . 94A. 535 . a
29 (9) An additional one-year enhancement shall be added to the M
m
30 standard sentence range for the felony crimes of RCW 9A. 44 . 073, c
U
31 9A. 44 . 076, 9A. 44 . 079, 9A. 44 . 083, 9A. 44 . 086, or 9A. 44 . 089 committed on
c
32 or after July 22, 2007, if the offender engaged, agreed, or offered
L
33 to engage the victim in the sexual conduct in return for a fee. If v
Ln
34 the offender is being sentenced for more than one offense, the N
35 one-year enhancement must be added to the total period of total N
0
36 confinement for all offenses, regardless of which underlying offense `,
37 is subject to the enhancement . If the offender is being sentenced for
38 an anticipatory offense for the felony crimes of RCW 9A. 44 . 073,
39 9A. 44 . 076, 9A. 44 . 079, 9A. 44 . 083, 9A. 44 . 086, or 9A. 44 . 089, and the a
40 offender attempted, solicited another, or conspired to engage, agree,
p. 33 ESH Packet Pg. 151
8.G.b
1 or offer to engage the victim in the sexual conduct in return for a
2 fee, an additional one-year enhancement shall be added to the
3 standard sentence range determined under subsection (2) of this
4 section. For purposes of this subsection, "sexual conduct" means �j
5 sexual intercourse or sexual contact, both as defined in chapter v
6 9A. 44 RCW. c
m
7 (10) (a) For a person age eighteen or older convicted of any
z
8 criminal street gang-related felony offense for which the person c
9 compensated, threatened, or solicited a minor in order to involve the c
10 minor in the commission of the felony offense, the standard sentence
11 range is determined by locating the sentencing grid sentence range M
z
12 defined by the appropriate offender score and the seriousness level v
a�
13 of the completed crime, and multiplying the range by one hundred
c
14 twenty-five percent . If the standard sentence range under this E
15 subsection exceeds the statutory maximum sentence for the offense,
16 the statutory maximum sentence is the presumptive sentence unless the M
c
17 offender is a persistent offender.
18 (b) This subsection does not apply to any criminal street gang-
CO 19 related felony offense for which involving a minor in the commission M
20 of the felony offense is an element of the offense .
21 (c) The increased penalty specified in (a) of this subsection is 3
p Y p
22 unavailable in the event that the prosecution gives notice that it o
.N
23 will seek an exceptional sentence based on an aggravating factor
Cn
24 under RCW 9 . 94A. 535 .
25 (11) An additional twelve months and one day shall be added to
w
26 the standard sentence range for a conviction of attempting to elude a -a
27 police vehicle as defined by RCW 46 . 61 . 024, if the conviction
m
28 included a finding by special allegation of endangering one or more
29 persons under RCW 9 . 94A. 834 .
m
30 (12) An additional twelve months shall be added to the standard c
U
31 sentence range for an offense that is also a violation of RCW
c
32 9 . 94A. 831 . E
L
33 (13) An additional twelve months shall be added to the standard v
Ln
34 sentence range for vehicular homicide committed while under the N
35 influence of intoxicating liquor or any drug as defined by RCW N
0
36 46 . 61 . 520 or for vehicular assault committed while under the N
37 influence of intoxicating liquor or any drug as defined by RCW
38 46 . 61 . 522, or for any felony driving under the influence (RCW
39 46 . 61 . 502 (6) ) or felony physical control under the influence (RCW a
40 46 . 61 . 504 (6) ) for each child passenger under the age of sixteen who
p. 34 ESH Packet Pg. 152
8.G.b
1 is an occupant in the defendant ' s vehicle. These enhancements shall
2 be mandatory, shall be served in total confinement, and shall run
3 consecutively to all other sentencing provisions, including other
4 minor child enhancements, for all offenses sentenced under this U
5 chapter. If the addition of a minor child enhancement increases the v
6 sentence so that it would exceed the statutory maximum for the
7 offense, the portion of the sentence representing the enhancement
z
8 shall be mandatory, shall be served in total confinement, and shall c
9 run consecutively to all other sentencing provisions . c
10 (14) An additional twelve months shall be added to the standard
11 sentence range for an offense that is also a violation of RCW M
z
12 9 . 94A. 832 . v
a�
13 (15) An additional 12 months may, at the discretion of the court,
c
14 be added to the standard sentence range for an offense that is also a
E
15 violation of section 25 of this act . a
a�
16 (16) Regardless of any provisions in this section, if a person is M
c
17 being sentenced in adult court for a crime committed under age
18 eighteen, the court has full discretion to depart from mandatory
oo
19 sentencing enhancements and to take the particular circumstances 0
M
v
20 surrounding the defendant ' s youth into account.
3
M
J
21 Sec. 29 . RCW 9 . 94A. 515 and 2023 c 196 s 3 and 2023 c 7 s 3 are o
.N
22 each reenacted and amended to read as follows :
m
Cn
23 TABLE 2
z
x
24 CRIMES INCLUDED WITHIN EACH w
25 SERIOUSNESS LEVEL O
ar
26 XVI Aggravated Murder 1 (RCW 10.95.020) �
27 XV Homicide by abuse(RCW 9A.32.055)
m
28 Malicious explosion 1 (RCW G
U
29 70.74.280(1))
30 Murder 1 (RCW 9A.32.030) E
U
31 XIV Murder 2(RCW 9A.32.050) c
N
32 Trafficking 1 (RCW 9A.40.I00(1)) N
0
N
33 XIII Malicious explosion 2(RCW
c
34 70.74.280(2))
35 Malicious placement of an explosive 1
36 (RCW 70,74.270(1)) Q
p. 35 ESH Packet Pg. 153
8.G.b
1 XII Assault 1 (RCW 9A.36.011)
2 Assault of a Child 1 (RCW 9A.36.120)
d
3 Malicious placement of an imitation p
V
4 device 1 (RCW 70.74.272(1)(a))
V
5 Promoting Commercial Sexual Abuse
m
6 of a Minor(RCW 9.68A.101)
d
z
7 Rape 1 (RCW 9A.44.040) —
N
8 Rape of a Child 1 (RCW 9A.44.073) c
CD
L
9 Trafficking 2(RCW 9A.40.100(3))
a
0
10 XI Manslaughter 1 (RCW 9A.32.060) V
a�
11 Rape 2(RCW 9A.44.050)
c
12 Rape of a Child 2(RCW 9A.44.076) E
Q
13 Vehicular Homicide,by being under the
c
14 influence of intoxicating liquor or
15 any drug(RCW 46.61.520) 0
O
16 Vehicular Homicide,by the operation of oo
17 any vehicle in a reckless manner
18 (RCW 46.61.520)
J
19 X Child Molestation 1 (RCW 9A.44.083)
0
.N
20 Criminal Mistreatment 1 (RCW
W
21 9A.42.020)
z
22 Indecent Liberties(with forcible x
w
23 compulsion)(RCW
O
24 9A.44.100(1)(a))
�a
25 Kidnapping 1 (RCW 9A.40.020) Q.
26 Leading Organized Crime(RCW
0
27 9A.82.060(1)(a)) V
c
28 Malicious explosion 3 (RCW
29 70.74.280(3)) V
Ln
N
30 Sexually Violent Predator Escape(RCW c
N
31 9A.76.115) c
N
32 IX Abandonment of Dependent Person 1 c
33 (RCW 9A.42.060) E
34 Assault of a Child 2(RCW 9A.36.130)
Q
p. 36 ESH Packet Pg. 154
8.G.b
1 Explosive devices prohibited(RCW
2 70.74.180)
3 Hit and Run—Death(RCW o
4 46.52.020(4)(a))
5 Homicide by Watercraft,by being under
c
m
6 the influence of intoxicating liquor Y
d
7 or any drug(RCW 79A.60.050) z
4-
0
8 Inciting Criminal Profiteering(RCW cm
O
9 9A.82.060(1)(b)) CD
d
10 Malicious placement of an explosive 2 M
z
11 (RCW 70.74.270(2)) U
a�
c
12 Robbery 1 (RCW 9A.56.200)
c
d
13 Sexual Exploitation(RCW 9.68A.040) E
Q
d
14 VIII Arson 1 (RCW 9A.48.020)
M
c
15 Commercial Sexual Abuse of a Minor �a
L
16 (RCW 9.68A.100)
oo
17 Homicide by Watercraft,by the
M
v
18 operation of any vessel in a reckless 3
19 manner(RCW 79A.60.050) �
c
20 Manslaughter 2(RCW 9A.32.070)
N
21 Promoting Prostitution 1 (RCW Cn
22 9A.88.070)
z
x
23 Theft of Ammonia(RCW 69.55.010) w
L
24 VII Air bag diagnostic systems(causing
m
25 bodily injury or death)(RCW
26 46.37.660(2)(b))
m
27 Air bag replacement requirements V
28 (causing bodily injury or death)
29 (RCW 46.37.660(1)(b)) E
•L
U
30 Burglary 1 (RCW 9A.52.020) N
O
31 Child Molestation 2(RCW 9A.44.086)
N
O
32 Civil Disorder Training(RCW N
33 9A.48.120)
34 Custodial Sexual Misconduct 1 (RCW
35 9A.44.160) Q
p. 37 ESH Packet Pg. 155
8.G.b
1 Dealing in depictions of minor engaged
2 in sexually explicit conduct 1
3 (RCW 9.68A.050(1))
0
4 Drive-by Shooting(RCW 9A.36.045) V
5 False Reporting 1 (RCW V
c
6 9A.84.040(2)(a)) Y
d
7 Homicide by Watercraft,by disregard z
4-
8 for the safety of others(RCW cm
0
9 79A.60.050) CD
d
10 Indecent Liberties(without forcible M
z
11 compulsion)(RCW 9A.44.100(1) V
a�
12 (b)and(c))
c
13 Introducing Contraband 1 (RCW E
Q
14 9A.76.140)
c
15 Malicious placement of an explosive 3 c
16 (RCW 70.74.270(3)) 0
17 Manufacture or import counterfeit, o
M
18 nonfunctional,damaged,or
19 previously deployed air bag
J
20 (causing bodily injury or death) c
0
21 (RCW 46.37.650(1)(b)) N
m
22 Negligently Causing Death By Use of a Cn
23 Signal Preemption Device(RCW
x
LU
24 46.37.675)
L
0
25 Sell,install,or reinstall counterfeit,
m
26 nonfunctional,damaged,or
Q.
27 previously deployed airbag(RCW
m
28 46.37.650(2)(b)) v
29 Sending,bringing into state depictions c
30 of minor engaged in sexually E
31 explicit conduct 1 (RCW Ln
N
32 9.68A.060(1)) N
N
33 Unlawful Possession of a Firearm in the G
N
34 first degree(RCW 9.41.040(1)) c
m
35 Use of a Machine Gun or Bump-fire
36 Stock in Commission of a Felony Q
37 (RCW 9.41.225)
p. 38 ESH Packet Pg. 156
8.G.b
1 Vehicular Homicide,by disregard for
2 the safety of others(RCW
3 46.61.520)
0
4 VI Bail Jumping with Murder 1 (RCW V
5 9A.76.170(3)(a)) V
c
6 Bribery(RCW 9A.68.010) Y
d
7 Incest 1 (RCW 9A.64.020(1)) z
0
8 Intimidating a Judge(RCW 9A.72.160) c
CD
9 Intimidating a Juror/Witness(RCW ar
a
10 9A.72.110,9A.72.130) z
V
11 Malicious placement of an imitation
12 device 2(RCW 70.74.272(1)(b)) c
d
13 Possession of Depictions of a Minor Q
a�
14 Engaged in Sexually Explicit
M
15 Conduct 1 (RCW 9.68A.070(1))
L
16 Rape of a Child 3 (RCW 9A.44.079)
oo
17 Theft of a Firearm(RCW 9A.56.300) M
.r
18 Theft from a Vulnerable Adult 1 (RCW 3
0
19 9A.56.400(1)) �
0
20 Unlawful Storage of Ammonia(RCW y
m
21 69.55.020) W
22 V Abandonment of Dependent Person 2 z
x
23 (RCW 9A.42.070) LU
L
24 Advancing money or property for
m
25 extortionate extension of credit
26 (RCW 9A.82.030)
m
27 Air bag diagnostic systems(RCW V
28 46.37.660(2)(c))
29 Air bag replacement requirements
U
30 (RCW 46.37.660(1)(c)) N
0
31 Bail Jumping with class A Felony
N
32 (RCW 9A.76.170(3)(b)) N
33 Child Molestation 3 (RCW 9A.44.089) a0i
E
34 Criminal Mistreatment 2(RCW
35 9A.42.030) Q
p. 39 ESH Packet Pg. 157
8.G.b
1 Custodial Sexual Misconduct 2(RCW
2 9A.44.170)
3 Dealing in Depictions of Minor o
4 Engaged in Sexually Explicit V
5 Conduct 2(RCW 9.68A.050(2)) V
c
6 Domestic Violence Court Order
Y
d
7 Violation(RCW 7.105.450,
4-
8 10.99.040, 10.99.050,26.09.300,
N
9 26.26B.050,or 26.52.070) of
L
d
10 Extortion 1 (RCW 9A.56.120) C
z
11 Extortionate Extension of Credit(RCW V
a�
12 9A.82.020)
c
13 Extortionate Means to Collect E
Q
14 Extensions of Credit(RCW
c
15 9A.82.040) c
16 Incest 2(RCW 9A.64.020(2)) 0`
17 Kidnapping 2(RCW 9A.40.030) oo
M
18 Manufacture or import counterfeit, N
19 nonfunctional,damaged,or J
20 previously deployed air bag(RCW c
21 46.37.650(1)(c))
W
22 Perjury 1 (RCW 9A.72.020)
z
23 Persistent prison misbehavior(RCW i j
.a
24 9.94.070) O
25 Possession of a Stolen Firearm(RCW
�a
26 9A.56.310) Q.
27 Rape 3 (RCW 9A.44.060) -00
0
U
28 Rendering Criminal Assistance 1 (RCW ia
c
29 9A.76.070) E
L
30 Sell install or reinstall counterfeit Ln
N
31 nonfunctional,damaged,or N
32 previously deployed airbag(RCW c
04
33 46.37.650(2)(c))
c
m
E
Q
p. 40 ESH Packet Pg. 158
8.G.b
1 Sending,Bringing into State Depictions
2 of Minor Engaged in Sexually
3 Explicit Conduct 2(RCW
4 9.68A.060(2)) v
5 Sexual Misconduct with a Minor 1 V
6 (RCW 9A.44.093) Y
d
7 Sexually Violating Human Remains z
4-
8 (RCW 9A.44.105)
N
O
9 Stalking(RCW 9A.46.110) CD
d
10 Taking Motor Vehicle Without M
z
11 Permission 1 (RCW 9A.56.070) V
a�
c
12 IV Arson 2(RCW 9A.48.030)
c
d
13 Assault 2(RCW 9A.36.021) E
Q
d
14 Assault 3 (of a Peace Officer with a
M
15 Projectile Stun Gun)(RCW
L
16 9A.36.031(1)(h)) 0
17 Assault 4(third domestic violenceoo
M
18 offense)(RCW 9A.36.041(3)) N
3
19 Assault by Watercraft(RCW �
20 79A.60.060) c
.N
N
21 Bribing a Witness/Bribe Received by
22 Witness(RCW 9A.72.090,
z
23 9A.72.100) w
24 Cheating 1 (RCW 9.46.1961) pL
ar
25 Commercial Bribery(RCW 9A.68.060) �
26 Counterfeiting(RCW 9.16.035(4))
m
27 Driving While Under the Influence V
28 (RCW 46.61.502(6))
c
29 Endangerment with a Controlled
L
U
30 Substance(RCW 9A.42.100) N
O
31 Escape 1 (RCW 9A.76.110)
N
O
32 Hate Crime(RCW 9A.36.080) N
c
33 Hit and Run—Injury(RCW
E
34 46.52.020(4)(b))
Q
p. 41 ESH Packet Pg. 159
8.G.b
1 Hit and Run with Vessel—Injury
2 Accident(RCW 79A.60.200(3))
3 Identity Theft 1 (RCW 9.35.020(2)) o
V
4 Indecent Exposure to Person Under Age
5 14(subsequent sex offense)(RCW V
c
6 9A.88.010) Y
d
7 Influencing Outcome of Sporting Event z
4—
8 (RCW 9A.82.070) c
CD
9 Physical Control of a Vehicle While
10 Under the Influence(RCW M
z
11 46.61.504(6)) V
a�
c
12 Possession of Depictions of a Minor `a
c
d
13 Engaged in Sexually Explicit E
Q
14 Conduct 2(RCW 9.68A.070(2))
c
15 Residential Burglary(RCW 9A.52.025) c
L
16 Robbery 2(RCW 9A.56.210) O
17 Theft of Livestock 1 (RCW 9A.56.080) oo
M
v
18 Threats to Bomb(RCW 9.61.160) 3
0
19 Trafficking in Catalytic Converters 1 —J
c
20 (section 24 of this act)
N
21 Trafficking in Stolen Property 1 (RCW Cn
22 9A.82.050)
z
x
23 Unlawful factoring of a credit card or w
L
24 payment card transaction(RCW 0
25 9A.56.290(4)(b))
26 Unlawful transaction of health coverage
m
27 as a health care service contractor
0
28 U
(RCW 48.44.016(3))
c
29 Unlawful transaction of health coverage E
•L
30 as a health maintenance Ln
N
31 organization(RCW 48.46.033(3)) N
32 Unlawful transaction of insurance o
N
33 business(RCW 48.15.023(3)) c
m
34 Unlicensed practice as an insurance
35 professional(RCW 48.17.063(2))
Q
p. 42 ESH Packet Pg. 160
8.G.b
1 Use of Proceeds of Criminal
2 Profiteering(RCW 9A.82.080(1)
3 and(2))
0
4 Vehicle Prowling 2(third or subsequent V
5 offense)(RCW 9A.52.100(3)) V
c
6 Vehicular Assault,by being under the Y
d
7 influence of intoxicating liquor or z
8 any drug,or by the operation or o
N
O
9 driving of a vehicle in a reckless of
L
10 manner(RCW 46.61.522) a
M
11 Viewing of Depictions of a Minor C�
a�
12 Engaged in Sexually Explicit
13 Conduct 1 (RCW 9.68A.075(1))
E
14 III Animal Cruelty 1 (Sexual Conduct or
15 Contact)(RCW 16.52.205(3)) M
c
16 Assault 3 (Except Assault 3 of a Peace
O
17 Officer With a Projectile Stun Gun)
0
18 (RCW 9A.36.031 except subsection M
.r
19 (1)(h)) 3
M
20 Assault of a Child 3 (RCW 9A.36.140) J
c
0
21 Bail Jumping with class B or C Felony y
m
22 (RCW 9A.76.170(3)(c)) W
23 Burglary 2(RCW 9A.52.030)
x
w
24 Communication with a Minor for 'a
O
25 Immoral Purposes(RCW
m
26 9.68A.090)
Q.
27 Criminal Gang Intimidation(RCW
28 9A.46.120) 0
ia
29 Custodial Assault(RCW 9A.36.100)
E
30 Cyber Harassment(RCWLn
31 9A.90.120(2)(b)) c
N
32 Escape 2(RCW 9A.76.120) N
0
N
33 Extortion 2(RCW 9A.56.130) 4.;
c
as
34 False Reporting 2(RCW E
35 9A.84.040(2)(b))
Q
36 Harassment(RCW 9A.46.020)
p. 43 ESH Packet Pg. 161
8.G.b
1 Hazing(RCW 28B.10.901(2)(b))
2 Intimidating a Public Servant(RCW
3 9A.76.180) c
V
4 Introducing Contraband 2(RCW
5 9A.76.150) V
c
m
6 Malicious Injury to Railroad Property Y
d
7 (RCW 81.60.070)
0
8 Manufacture of Untraceable Firearm N
0
CD
9 with Intent to Sell(RCW 9.41.190)
a
10 Manufacture or Assembly of an z
V
11 Undetectable Firearm or
c
12 Untraceable Firearm(RCW `a
c
13 9.41.325) Q
14 Mortgage Fraud(RCW 19.144.080)
M
15 Negligently Causing Substantial Bodily c
L
16 Harm By Use of a Signal 0
17 Preemption Device(RCW oo
18 46.37.674)
19 Organized Retail Theft 1 (RCW J
20 9A.56.350(2)) c
.N
21 Perjury 2(RCW 9A.72.030)
Cn
22 Possession of Incendiary Device(RCW
z
23 9.40.120) w
24 Possession of Machine Gun,Bump-Fire 0
25 Stock,Undetectable Firearm,or
�a
26 Short-Barreled Shotgun or Rifle Q.
27 (RCW 9.41.190)
0
28 Promoting Prostitution 2(RCW V
29 9A.88.080)
•L
30 Retail Theft with Special Circumstances V
Ln
31 1 (RCW 9A.56.360(2)) N
32 Securities Act violation(RCW c
04
33 21.20.400)
c
m
34 Tampering with a Witness(RCW E
35 9A.72.120)
Q
p. 44 ESH Packet Pg. 162
8.G.b
1 Telephone Harassment(subsequent
2 conviction or threat of death)
3 (RCW 9.61.230(2))
0
4 Theft of Livestock 2(RCW 9A.56.083) V
5 Theft with the Intent to Resell 1 (RCW V
c
6 9A.56.340(2)) Y
d
7 Trafficking in Catalytic Converters 2 z
4-
8 (section 26 of this act) cm
0
CD
9 Trafficking in Stolen Property 2(RCW
d
10 9A.82.055) M
z
V
11 Unlawful Hunting of Big Game 1
c
12 (RCW 77.15.410(3)(b))
d
13 Unlawful Imprisonment(RCW E
Q
14 9A.40.040)
c
M
15 Unlawful Misbranding of Fish or
L
16 Shellfish 1 (RCW 77.140.060(3)) 0
17 Unlawful possession of firearm in the oo
M
18 second degree(RCW 9.41.040(2)) N
3
19 Unlawful Taking of Endangered Fish or
20 Wildlife 1 (RCW 77.15.120(3)(b)) c
.N
N
21 Unlawful Trafficking in Fish, Shellfish, Cn
m
22 or Wildlife 1 (RCW
z
23 77.15.260(3)(b)) w
24 Unlawful Use of a Nondesignated 0`
25 Vessel(RCW 77.15.530(4))
�a
26 Vehicular Assault,by the operation or Q•
27 driving of a vehicle with disregard -00
0
28 for the safety of others(RCW V
29 46.61.522)
•L
30 11 Commercial Fishing Without a License V
Ln
31 1 (RCW 77.15.500(3)(b)) N
32 Computer Trespass 1 (RCW 9A.90.040) N
0
N
33 Counterfeiting(RCW 9.16.035(3)) c
m
34 Electronic Data Service Interference
35 (RCW 9A.90.060)
Q
p. 45 ESH Packet Pg. 163
8.G.b
1 Electronic Data Tampering 1 (RCW
2 9A.90.080)
3 Electronic Data Theft(RCW o
4 9A.90.100)
5 Engaging in Fish Dealing Activity
c
6 Unlicensed 1 (RCW 77.15.620(3)) Y
d
7 Escape from Community Custody z
4-
8 (RCW 72.09.310) c
CD
9 Failure to Register as a Sex Offender
10 (second or subsequent offense) M
z
11 (RCW 9A.44.130 prior to June 10, V
a�
12 2010,and RCW 9A.44.132)
c
13 Health Care False Claims(RCW E
Q
14 48.80.030)
c
15 Identity Theft 2(RCW 9.35.020(3)) c
L
16 Improperly Obtaining Financial O
17 Information(RCW 9.35.010) oo
M
18 Malicious Mischief 1 (RCW 9A.48.070) N
3
19 Organized Retail Theft 2(RCW
20 9A.56.350(3)) c
.N
N
21 Possession of Stolen Property 1 (RCW Cn
22 9A.56.150)
z
x
23 Possession of a Stolen Vehicle(RCW w
24 9A.56.068) pL
25 Possession,sale,or offering for sale of
26 seven or more unmarked cataly is Q-
2 7 converters(section 23(5)of this
0
28 act) U
c
29 Retail Theft with Special Circumstances E
L
30 2(RCW 9A.56.360(3)) V
Ln
N
31 Scrap Processing,Recycling,or N
32 Supplying Without a License N
N
33 (second or subsequent offense)
c
34 (RCW 19.290.100) E
35 Theft 1 (RCW 9A.56.030)
Q
p. 46 ESH Packet Pg. 164
8.G.b
1 Theft of a Motor Vehicle(RCW
2 9A.56.065)
3 Theft of Rental,Leased,Lease- o
4 purchased,or Loaned Property V
5 (valued at$5,000 or more)(RCW V
6 9A.56.096(5)(a)) Y
d
7 Theft with the Intent to Resell 2(RCW z
4-
8 9A.56.340(3)) c°
0
9 Trafficking in Insurance Claims(RCW °D
L
d
10 48.30A.015) C
z
11 Unlawful factoring of a credit card or V
a�
12 payment card transaction(RCW
c
13 9A.56.290(4)(a))
Q
14 Unlawful Participation of Non-Indians
c
15 in Indian Fishery(RCW M
c
16 77.15.570(2))
O
17 Unlawful Practice of Law(RCW
oo
18 2.48.180) M
19 Unlawful Purchase or Use of a License $
M
J
20 (RCW 77.15.650(3)(b)) c
21 Unlawful Trafficking in Fish, Shellfish,
Cn
22 or Wildlife 2(RCW
23 77.15.260(3)(a))
w
24 Unlicensed Practice of a Profession or 'a
O
25 Business(RCW 18.130.190(7))
m
26 Voyeurism 1 (RCW 9A.44.115) Q.
27 1 Attempting to Elude a Pursuing Police
28 Vehicle(RCW 46.61.024) V
29 False Verification for Welfare(RCW
E
30 74.08.055)
Ln
31 Forgery(RCW 9A.60.020) o
N
32 Fraudulent Creation or Revocation of a CO
N
33 Mental Health Advance Directive
c
34 (RCW 9A.60.060) E
35 Malicious Mischief 2(RCW 9A.48.080)
Q
36 Mineral Trespass(RCW 78.44.330)
p. 47 ESH Packet Pg. 165
8.G.b
1 Possession of Stolen Property 2(RCW
2 9A.56.160)
3 Reckless Burning 1 (RCW 9A.48.040) o
V
4 Spotlighting Big Game 1 (RCW
5 77.15.450(3)(b))
V
m
6 Suspension of Department Privileges 1 Y
d
7 (RCW 77.15.670(3)(b))
0
8 Taking Motor Vehicle Without c
of
9 Permission 2(RCW 9A.56.075)
a
10 Theft 2(RCW 9A.56.040) z
V
11 Theft from a Vulnerable Adult 2(RCW
12 9A.56.400(2)) c
d
13 Theft of Rental,Leased,Lease- Q
d
14 purchased,or Loaned Property
M
15 (valued at$750 or more but less
L
16 than$5,000)(RCW 0
17 9A.56.096(5)(b)) oo
M
18 Transaction of insurance business N
19 beyond the scope of licensure J
20 (RCW 48.17.063) c
.N
21 Unlawful Fish and Shellfish Catch 0
Cn
22 Accounting(RCW 77.15.630(3)(b))
z
23 Unlawful Issuance of Checks or Drafts w
.a
24 (RCW 9A.56.060) O
25 Unlawful Possession of Fictitious
�a
26 Identification(RCW 9A.56.320) Q.
27 Unlawful Possession of Instruments of -00
0
28 Financial Fraud(RCW 9A.56.320) V
ia
c
29 Unlawful Possession of Payment E
L
30 Instruments(RCW 9A.56.320) V
Ln
N
31 Unlawful Possession of a Personal c
N
32 Identification Device(RCW c
04
33 9A.56.320) 4.;
c
as
34 Unlawful Production of Payment E
35 Instruments(RCW 9A.56.320)
Q
p. 48 ESH Packet Pg. 166
8.G.b
1 Unlawful Releasing,Planting,
2 Possessing,or Placing Deleterious
3 Exotic Wildlife(RCW
4 77.15.250(2)(b))
5 Unlawful Trafficking in Food Stamps V
6 (RCW 9.91.142) Y
d
7 Unlawful Use of Food Stamps(RCW z
4-
8 9.91.144)
N
O
9 Unlawful Use of Net to Take Fish 1 °D
L
d
10 (RCW 77.15.580(3)(b)) C
11 Vehicle Prowl 1 (RCW 9A.52.095) V
a�
c
12 Violating Commercial Fishing Area or `a
c
13 Time 1 (RCW 77.15.550(3)(b)) Q
d
c
14 NEW SECTION. Sec. 30 . This act takes effect April 1, 2025 . c
L
Passed by the House March 5, 2024 .
Passed by the Senate March 1, 2024 .
oo
Approved by the Governor March 26, 2024 . r;
Filed in Office of Secretary of State March 27, 2024 .
3
M
--- END ---
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p. 49 ESH Packet Pg. 167
8.G.b
CERTIFICATION OF ENROLLMENT
0
ENGROSSED SUBSTITUTE SENATE BILL 5891 V
V
Chapter 302, Laws of 2024 Y
d
z
68th Legislature o
2024 Regular Session c
CD
L
d
SCHOOL BUS TRESPASS
z
v
a�
c
EFFECTIVE DATE: June 6, 2024
E
Q
d
c
m
c
L
O
r
oo
Passed by the Senate March 4, 2024 CERTIFICATE M
Yeas 49 Nays 0
I, Sarah Bannister, Secretary of 3
the Senate of the State of J
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is ENGROSSED
.N
SUBSTITUTE SENATE BILL 5891 as N
passed by the Senate and the House
of Representatives on the dates
Passed by the House February 27, 2024 hereon set forth. z
Yeas 94 Nays 0 W
L
SARAH BANNISTER O
LAURIE JINKINS
Secretary m
Speaker of the House of a
Representatives Q.
Approved March 26, 2024 1:54 PM FILED
0
March 27, 2024 V
c
E
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U
Ln
N
O
N
Secretary of State
N
JAY INSLEE State of Washington N
Governor of the State of Washington c
m
E
Q
Packet Pg. 168
8.G.b
ENGROSSED SUBSTITUTE SENATE BILL 5891
a�
AS AMENDED BY THE HOUSE o
U
Passed Legislature - 2024 Regular Session v
r
State of Washington 68th Legislature 2024 Regular Session Y
m
By Senate Law & Justice (originally sponsored by Senators Boehnke,
Lovick, Keiser, Liias, Mullet, Torres, Wagoner, Warnick, C . Wilson, o
and J. Wilson) o
ai
READ FIRST TIME 01/26/24 .
Q.
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1 AN ACT Relating to protecting the safety and security of students
00
2 and maintaining order within school buses by designating trespassing
M
3 on a school bus as a criminal offense; adding a new section to w
4 chapter 9A. 52 RCW; creating a new section; and prescribing penalties . J
c
0
.y
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
r
6 NEW SECTION. Sec. 1 . This act may be known and cited as the x
w
7 Richard Lenhart act . 2
L
O
8 NEW SECTION. Sec. 2 . A new section is added to chapter 9A. 52 -�0a
9 RCW to read as follows :
m
10 (1) A person is guilty of school bus trespass if he or she
0
11 knowingly and maliciously: v
c
12 (a) Enters or remains unlawfully in a school bus; E
13 (b) Does any other act that creates a substantial risk of harm to U
LO
14 passengers or the driver; and c
N
15 (c) Causes a substantial interruption or impairment to services N
0
16 rendered by the school bus . N
r
17 (2) As used in this section, "school bus" means any vehicle E
18 owned, leased, or operated by a public school district, a religious
19 or private school, a private entity contracted with a school Q
P . 1 E S S packet Pg. 169
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1 district, or educational institution for the purpose of transporting
2 students to and from school or school-related activities .
3 (3) School bus trespass is a gross misdemeanor.
4 (4) Subsection (1) of this section shall not apply to any of the �j
5 following: v
6 (a) Students enrolled in the school which is being serviced by
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7 the school bus;
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8 (b) Law enforcement officers or other authorized personnel c
9 engaged in the performance of their official duties; c
10 (c) Individuals with written consent from the school district or
11 educational institution allowing them to enter or remain on the M
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12 school bus; and v
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13 (d) Emergency situations where entering the bus is necessary to
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14 protect the safety or well-being of students or others . a)
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15 (5) Local law enforcement agencies shall have the authority to
16 enforce the provisions of this act. School districts and educational M
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17 institutions shall collaborate with local law enforcement to
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18 establish protocols and procedures to ensure effective enforcement of
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19 this act .
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20 (6) School districts and educational institutions shall implement
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21 educational programs and awareness campaigns to educate students, J
22 parents, and the community about the importance of maintaining safety o
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23 and security on school buses . These educational programs shall
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24 emphasize the potential consequences of school bus trespassing in
25 accordance with this act.
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26 (7) Subject to the availability of funds appropriated for this -a
27 specific purpose, school districts and educational institutions shall
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28 affix placards warning of the consequences of violating subsection
29 (1) of this section on the outside of all public school buses in a n
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30 manner easily visible for all to see. c
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31 NEW SECTION. Sec. 3. If any provision of this act or its
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32 application to any person or circumstance is held invalid, the v
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33 remainder of the act or the application of the provision to other N
34 persons or circumstances is not affected. N
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Passed by the Senate March 4, 2024 .
Passed by the House February 27, 2024 .
Approved by the Governor March 26, 2024 . E
Filed in Office of Secretary of State March 27, 2024 .
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CERTIFICATION OF ENROLLMENT d
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HOUSE BILL 2213 V
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Chapter 232, Laws of 2024 Y
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68th Legislature o
2024 Regular Session c
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DEFECTS AND OMISSIONS m
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EFFECTIVE DATE: June 6, 2024
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Passed by the House March 5, 2024 CERTIFICATE M
Yeas 95 Nays 0
I, Bernard Dean, Chief Clerk of the 3
House of Representatives of the J
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is HOUSE
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Representatives BILL 2213 as passed by the House of U)
Representatives and the Senate on
the dates hereon set forth.
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Passed by the Senate February 27, W
2024 BERNARD DEAN 'a
Yeas 49 Nays 0 O
Chief Clerk ,
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DENNY HECK
President of the Senate
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Approved March 25, 2024 1:47 PM FILED 0
March 26, 2024
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Secretary of State N
JAY INSLEE State of Washington C
Governor of the State of Washington E
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HOUSE BILL 2213
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AS AMENDED BY THE SENATE o
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Passed Legislature - 2024 Regular Session v
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State of Washington 68th Legislature 2024 Regular Session Y
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By Representatives Cheney, Taylor, Duerr, and Graham
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Read first time 01/09/24 . Referred to Committee on Civil Rights & o
Judiciary.
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1 AN ACT Relating to defects and omissions in the laws that have
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2 been identified by the justices of the supreme court or judges of the
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3 superior courts pursuant to Article IV, section 25 of the state w
4 Constitution; amending RCW 10 . 116 . 030, 13 . 04 . 030, 21 . 20 . 380, and J
5 29A. 80 . 061; creating a new section; repealing RCW 9 . 68 . 060, 9 . 68 . 070, c
.2
6 and 9 . 68 . 090; and repealing 2020 c 1 ss 1, 2, 3, 4, 5, 6, 7, 8, 9,
7 10, 11, 12, 13, 14, 15, 16, and 17 (uncodified) .
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8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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9 Sec. 1 . RCW 10 . 116 . 030 and 2021 c 320 s 4 are each amended to v
10 read as follows :
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11 (1) A law enforcement agency may not use or authorize its peace
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12 officers or other employees to use tear gas unless necessary to v
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13 alleviate a present risk of serious harm posed by a : (a) Riot; (b) E
14 barricaded subject; or (c) hostage situation. U
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15 (2) Prior to using tear gas as authorized under subsection (1) of c
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16 this section, the officer or employee shall : N
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17 (a) Exhaust alternatives to the use of tear gas that are N
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18 available and appropriate under the circumstances;
19 (b) Obtain authorization to use tear gas from a supervising
20 officer, who must determine whether the present circumstances warrant Q
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1 the use of tear gas and whether available and appropriate
2 alternatives have been exhausted as provided under this section;
3 (c) Announce to the subject or subjects the intent to use tear
4 gas; and U
5 (d) Allow sufficient time and space for the subject or subjects v
6 to comply with the officer' s or employee ' s directives .
7 (3) In the case of a riot outside of a correctional, jail, or
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8 detention facility, the officer or employee may use tear gas only c
9 after: (a) Receiving authorization from the highest elected official c
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10 of the jurisdiction in which the tear gas is to be used, and (b)
11 meeting the requirements of subsection (2) of this section. M
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12 (4) For the purposes of this section: v
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13 (a) "Barricaded subject" means an individual who is the focus of
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14 a law enforcement intervention effort, has taken a position in a a)
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15 physical location that does not allow immediate law enforcement
16 access, and is refusing law enforcement orders to exit . M
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17 (b) "Highest elected official" means the county executive in
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18 those charter counties with an elective office of county executive,
19 however designated, and in the case of other counties, the ( (e��ef CO
20 the -eeidnty legislative „_}heir-}1-) ) county sheriff. In the case of
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21 cities and towns, it means the mayor, regardless of whether the mayor J
22 is directly elected, selected by the council or legislative body o
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23 pursuant to RCW 35 . 18 . 190 or 35A. 13 . 030, or selected according to a
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24 process in an established city charter. In the case of actions by the
25 Washington state patrol, it means the governor. x
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26 (c) "Hostage situation" means a scenario in which a person is -a
27 being held against his or her will by an armed, potentially armed, or
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28 otherwise dangerous suspect.
29 (d) "Tear gas" means chloroacetophenone (CN) , 0-chlorobenzylidene M
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30 malononitrile (CS) , and any similar chemical irritant dispersed in o
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31 the air for the purpose of producing temporary physical discomfort or
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32 permanent injury, except "tear gas" does not include oleoresin E
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33 capsicum (OC) . v
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34 Sec. 2 . RCW 13 . 04 . 030 and 2022 c 243 s 2 are each amended to N
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35 read as follows : N
36 (1) Except as provided in this section, the juvenile courts in
37 this state shall have exclusive original jurisdiction over all
38 proceedings : a
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1 (a) Under the interstate compact on placement of children as
2 provided in chapter 26 . 34 RCW;
3 (b) Relating to children alleged or found to be dependent as
4 provided in chapter 26 . 44 RCW and in RCW 13 . 34 . 030 through 13 . 34 . 161; �j
5 (c) Relating to the termination of a parent and child v
6 relationship as provided in RCW 13 . 34 . 180 through 13 . 34 . 210;
7 (d) To approve or disapprove out-of-home placement as provided in
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8 RCW 13 . 32A. 170; c
9 (e) Relating to juveniles alleged or found to have committed c
10 offenses, traffic or civil infractions, or violations as provided in
11 RCW 13 . 40 . 020 through 13 . 40 .230, unless : M
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12 (i) The juvenile court transfers jurisdiction of a particular v
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13 juvenile to adult criminal court pursuant to RCW 13 . 40 . 110;
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14 (ii) The statute of limitations applicable to adult prosecution
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15 for the offense, traffic or civil infraction, or violation has
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16 expired; M
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17 (iii) The alleged offense or infraction is a traffic, fish,
18 boating, or game offense, or traffic or civil infraction committed by
19 a juvenile ( (s; ��n) ) 16 years of age or older and would, if M
20 committed by an adult, be tried or heard in a court of limited
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21 jurisdiction, in which instance the appropriate court of limited J
22 jurisdiction shall have jurisdiction over the alleged offense or o
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23 infraction, and no guardian ad litem is required in any such
24 proceeding due to the juvenile ' s age . If such an alleged offense or
25 infraction and an alleged offense or infraction subject to juvenile
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26 court jurisdiction arise out of the same event or incident, the -a
27 juvenile court may have jurisdiction of both matters . The
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28 jurisdiction under this subsection does not constitute "transfer" or
29 a "decline" for purposes of RCW 13 . 40 . 110 (1) or (2) or (e) (i) of M
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30 this subsection. Courts of limited jurisdiction which confine c
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31 juveniles for an alleged offense or infraction may place juveniles in
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32 juvenile detention facilities under an agreement with the officials
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33 responsible for the administration of the juvenile detention facility v
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34 in RCW 13 . 04 . 035 and 13 . 20 . 060; o
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35 (iv) The alleged offense is a traffic or civil infraction, a N
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36 violation of compulsory school attendance provisions under chapter N
37 28A. 225 RCW, or a misdemeanor, and a court of limited jurisdiction
38 has assumed concurrent jurisdiction over those offenses as provided
39 in RCW 13 . 04 . 0301; or a
p. 3 H Packet Pg. 174
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1 (v) The juvenile is ( (men) ) 16 or ( (seventeen) ) 17 years old
2 on the date the alleged offense is committed and the alleged offense
3 is : d
4 (A) A serious violent offense as defined in RCW 9 . 94A. 030; °
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5 (B) A violent offense as defined in RCW 9 . 94A. 030 and the v
6 juvenile has a criminal history consisting of: One or more prior
7 serious violent offenses; two or more prior violent offenses; or
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8 three or more of any combination of the following offenses : Any class c
9 A felony, any class B felony, vehicular assault, or manslaughter in c
10 the second degree, all of which must have been committed after the
11 juvenile ' s ( (t-h r-tee.-.}' ) ) 13th birthday and prosecuted separately; or M
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12 (C) Rape of a child in the first degree. v
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13 (I) In such a case the adult criminal court shall have exclusive 155
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14 original jurisdiction, except as provided in (e) (v) (C) (II) and (III) E
15 of this subsection. a
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16 (II) The juvenile court shall have exclusive jurisdiction over M
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17 the disposition of any remaining charges in any case in which the
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18 juvenile is found not guilty in the adult criminal court of the
19 charge or charges for which he or she was transferred, or is M
20 convicted in the adult criminal court of an offense that is not also
21 an offense listed in (e) (v) of this subsection. The juvenile court J
22 shall maintain residual juvenile court jurisdiction up to age o
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23 ( (twenty f 25 if the juvenile has turned ( (^_ ) ) 18 years �
24 of age during the adult criminal court proceedings but only for the
25 purpose of returning a case to juvenile court for disposition
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26 pursuant to RCW 13 . 40 . 300 (3) (d) . -a
27 (III) The prosecutor and respondent may agree to juvenile court
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28 jurisdiction and waive application of exclusive adult criminal
29 jurisdiction in (e) (v) (A) through (C) of this subsection and remove M
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30 the proceeding back to juvenile court with the court ' s approval . c
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31 If the juvenile challenges the state ' s determination of the
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32 juvenile ' s criminal history under (e) (v) of this subsection, the E
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33 state may establish the offender' s criminal history by a v
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34 preponderance of the evidence . If the criminal history consists of N
35 adjudications entered upon a plea of guilty, the state shall not bear N
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36 a burden of establishing the knowing and voluntariness of the plea; N
37 (f) Under the interstate compact on juveniles as provided in
38 chapter 13 . 24 RCW;
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1 (g) Relating to termination of a diversion agreement under RCW
2 13 . 40 . 080, including a proceeding in which the divertee has attained
3 ( (ei= ) ) 18 years of age; as
4 (h) Relating to court validation of a voluntary consent to an �j
5 out-of-home placement under chapter 13 . 34 RCW, by the parent or v
6 Indian custodian of an Indian child, except if the parent or Indian m
7 custodian and child are residents of or domiciled within the
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8 boundaries of a federally recognized Indian reservation over which c
9 the tribe exercises exclusive jurisdiction; and c
10 (i) Relating to petitions to compel disclosure of information
11 filed by the department of social and health services pursuant to RCW M
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12 74 . 13 . 042 . v
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13 (2) The family court shall have concurrent original jurisdiction 15
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14 with the juvenile court over all proceedings under this section if E
15 the superior court judges of a county authorize concurrent
16 jurisdiction as provided in RCW 26 . 12 . 010 . M
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17 (3) The juvenile court shall have concurrent original
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18 jurisdiction with the family or probate court over minor guardianship
19 proceedings under chapter 11 . 130 RCW and parenting plans or M
20 residential schedules under chapter 26 . 09, 26 . 26A, or 26 . 26B RCW as
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21 provided for in RCW 13 . 34 . 155 . J
22 (4) A juvenile subject to adult superior court jurisdiction under o
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23 subsection (1) (e) (i) through (v) of this section, who is detained
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24 pending trial, may be detained in a detention facility as defined in
25 RCW 13 . 40 . 020 pending sentencing or a dismissal . x
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26 (5) Nothing in subsection (1) of this section deprives the -a
27 superior courts in this state of original jurisdiction granted by the
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28 Constitution or by other laws .
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29 Sec. 3. RCW 21 . 20 . 380 and 2002 c 65 s 7 are each amended to read c
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30 as follows :
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31 (1) For the purpose of any investigation or proceeding under this E
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32 chapter, the director or any officer designated by the director may v
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33 administer oaths and affirmations, subpoena witnesses, compel their N
34 attendance, take evidence, and require the production of any books, N
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35 papers, correspondence, memoranda, agreements, or other documents or `4
36 records which the director deems relevant or material to the inquiry.
37 (2) If the activities constituting an alleged violation for which
38 the information is sought would be a violation of this chapter had a
39 the activities occurred in this state, the director may issue and
p. 5 H Packet Pg. 176
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1 apply to enforce subpoenas in this state at the request of a
2 securities agency or administrator of another state .
3 (3) A subpoena issued to a financial institution under this
4 section may, if the director finds it necessary or appropriate in the U
5 public interest or for the protection of investors, include a v
6 directive that the financial institution subpoenaed shall not
7 disclose to third parties that are not affiliated with the financial
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8 institution, other than to the institution' s legal counsel, the c
9 existence or content of the subpoena. c
10 (4) In case of disobedience on the part of any person to comply
11 with any subpoena lawfully issued by the director, the refusal of any M
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12 witness to testify to any matters regarding which the witness may be v
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13 lawfully interrogated, or the failure to comply with a nondisclosure 15
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14 directive under subsection (3) of this section, a court of competent E
15 jurisdiction of any county or the judge thereof, on application of
16 the director, and after satisfactory evidence of willful M
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17 disobedience, may compel obedience by proceedings for contempt, as in
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18 the case of disobedience of the requirements of a subpoena issued
19 from such a court on a refusal to testify therein. M
20 (5) Nothing in this section authorizes the director or officers
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21 designated by the director to compel the production of customer J
22 banking records . o
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23 Sec. 4 . RCW 29A. 80 . 061 and 2004 c 271 s 150 are each amended to
24 read as follows : z
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25 Within ( (EeLaty fiT ) 45 days after the statewide general -a
26 election in even-numbered years, the county chair of each major
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27 political party shall call separate meetings of all elected precinct
28 committee officers in each legislative district for the purpose of M
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29 ( (eleetin ) ) selecting a legislative district chair in such district. c
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30 The district chair shall hold office until the next legislative
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31 district reorganizational meeting two years later, or until a E
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32 successor is ( (tea) ) selected. v
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34 majority vote of the elected precinct committee officers in the N
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35 chair' s district . N
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36 NEW SECTION. Sec. 5 . The legislature finds that Article IX,
37 section 1 of the state Constitution does not have a section caption a
38 in the original source, and that the subsequently added caption of
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1 "Preamble" does not accurately describe the section. Therefore, the
2 secretary of state is respectfully requested to publish Article IX,
3 section 1 of the state Constitution without a section caption .
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4 NEW SECTION. Sec. 6. The following acts or parts of acts are v
5 each repealed: m
6 (1) RCW 9 . 68 . 060 ("Erotic material"—Determination by court-
7 Labeling—Penalties) and 2011 c 96 s 8, 2003 c 53 s 41, 1992 c 5 s 2, c
8 & 1969 ex. s . c 256 s 14; o
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9 (2) RCW 9 . 68 . 070 (Prosecution for violation of RCW 9 . 68 . 060
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10 Defense) and 2011 c 336 s 318, 1992 c 5 s 4, & 1969 ex. s . c 256 s 15;
11 and v
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12 (3) RCW 9 . 68 . 090 (Civil liability of wholesaler or wholesaler- =a
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13 distributor) and 2011 c 336 s 320, 1992 c 5 s 3, & 1969 ex. s . c 256 s E
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14 17 .
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15 NEW SECTION. Sec. 7 . The following acts or parts of acts are
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16 each repealed:
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17 (1) 2020 c 1 s 1 (uncodified) ;
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18 (2) 2020 c 1 s 2 (uncodified) ; 3
19 (3) 2020 c 1 s 3 (uncodified) ;
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20 (4) 2020 c 1 s 4 (uncodified) ; c
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21 (5) 2020 c 1 s 5 (uncodified) ; m
22 (6) 2020 c 1 s 6 (uncodified) ;
23 (7) 2020 c 1 s 7 (uncodified) ; w
24 (8) 2020 c 1 s 8 (uncodified) ;
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25 (9) 2020 c 1 s 9 (uncodified) ;
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26 (10) 2020 c 1 s 10 (uncodified) ; f°
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27 (11) 2020 c 1 s 11 (uncodified) ;
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28 (12) 2020 c 1 s 12 (uncodified) ; o
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29 (13) 2020 c 1 s 13 (uncodified) ;
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30 (14) 2020 c 1 s 14 (uncodified) ; E
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31 (15) 2020 c 1 s 15 (uncodified) ; U
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32 (16) 2020 c 1 s 16 (uncodified) ; and N
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33 (17) 2020 c 1 s 17 (uncodified) . le
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Passed by the House March 5, 2024 .
Passed by the Senate February 27, 2024 . E
Approved by the Governor March 25, 2024 .
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Filed in Office of Secretary of State March 26, 2024 .
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CERTIFICATION OF ENROLLMENT d
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SENATE BILL 5884 V
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Chapter 342, Laws of 2024 Y
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68th Legislature o
2024 Regular Session c
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ENVIRONMENTAL CRIME SCOURT-ORDERED RESTITUTION m
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EFFECTIVE DATE : June 6, 2024
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Passed by the Senate February 1, 2024 CERTIFICATE M
Yeas 31 Nays 18
I, Sarah Bannister, Secretary of 3
the Senate of the State of J
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SENATE BILL 5884 as
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passed by the Senate and the House N
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of Representatives on the dates
hereon set forth.
Passed by the House February 27, 2024 z
Yeas 58 Nays 36 W
SARAH BANNISTER 'a
LAURIE JINKINS Secretary '
Speaker of the House of a
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Approved March 28, 2024 2:28 PM FILED m
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March 29, 2024 V
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Secretary of State
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JAY INSLEE State of Washington N
Governor of the State of Washington c
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SENATE BILL 5884
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Passed Legislature - 2024 Regular Session 0
State of Washington 68th Legislature 2024 Regular Session v
By Senators Trudeau, Pedersen, Dhingra, Hasegawa, Lovelett, Nobles, Y
Saldana, Salomon, Stanford, and Valdez
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Prefiled 12/19/23 . Read first time 01/08/24 . Referred to Committee o
on Environment, Energy & Technology. c
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1 AN ACT Relating to court-ordered restitution in environmental
2 criminal cases; adding a new section to chapter 90 . 48 RCW; adding a
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3 new section to chapter 70A. 15 RCW; adding a new section to chapter N
4 70A. 300 RCW; and prescribing penalties . J
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5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: m
6 NEW SECTION. Sec. 1 . A new section is added to chapter 90 . 48
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7 RCW to read as follows :
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8 In determining restitution following a criminal conviction under
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9 this chapter or chapter 90 . 56 RCW, the court is authorized to order M
10 restitution for harm to natural resources or the environment.
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11 NEW SECTION. Sec. 2 . A new section is added to chapter 70A. 15 v
12 RCW to read as follows : cS
13 In determining restitution following a criminal conviction under c)
14 this chapter, the court is authorized to order restitution for harm c
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15 to natural resources or the environment.
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16 NEW SECTION. Sec. 3 . A new section is added to chapter 70A. 300 E
17 RCW to read as follows :
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1 In determining restitution following a criminal conviction under
2 this chapter, the court is authorized to order restitution for harm
3 to natural resources or the environment . a�
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Passed by the Senate February 1, 2024 .
Passed by the House February 27, 2024 . v
Approved by the Governor March 28, 2024 .
Filed in Office of Secretary of State March 29, 2024 . Y
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10.A
•
KENT
W A S M I N G T O N
DATE: May 7, 2024
TO: Kent City Council
SUBJECT: Kiwanis Tot Lot 4 Bid - Award
MOTION: I move to award the Kiwanis Tot Lot 4 Renovation Project bid to
L.W. Sundstrom, Inc. and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Parks Director.
SUMMARY: This project will renovate Kiwanis Tot Lot 4. This project consists of
replacement of the children's play area which includes two play structures and an
associated swing set. Additionally, the project will include improvements to
circulation paths and plaza spaces, a new irrigation system, updates to parking lot,
site furnishings, and landscape improvements.
A public bidding process yielded a total of five bids with the lowest responsible
bidder being L.W. Sundstrom Inc. with a bid of $424,867.10.
The Engineers estimate for this project was $400,000 to $450,000.
BUDGET IMPACT: None. Paid out of Parks Capital Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. PPD_Kiwanis Tot Lot 4-Bid Results (PDF)
Packet Pg. 183
10.A.a
KENT
PROJECT NAME: Kiwanis Tot Lot #4
PROJECT #: PK 23-02
ENGINEER'S ESTIMATE: $400,000 - $450,000
BID OPENING Immediately
BID DUE DATE & TIME: 4/25/2024 1:OOPM DATE & TIME: After Due
BID OPENING LOCATION: Kent City Hall, First Floor ADDENDA: 1
Total Bid Amount including Bid 3
Bidder WSST Bond Addenda Q
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* Apparent Low Bidder:
* 3)an ah-z eta Inc-
All bids require review by City of Kent staff. Awarded contractor will be notified directly.
Kent City Clerk
Packet Pg. 184
10.B
140
KENT
DATE: May 7, 2024
TO: Kent City Council
SUBJECT: Mill Creek Reestablishment — East Smith Street to Central
Avenue North - Award
MOTION: I move to Award the Mill Creek Reestablishment - East Smith
Street to Central Avenue North project to Strickland and Sons Excavation,
LLC, in the amount of $3,292,409.03 and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
SUMMARY: The Mill Creek Reestablishment project will reduce urban flooding by
removing accumulated sediment and invasive vegetation. Planting of the creek
banks will be completed this fall by City staff.
The work includes removal of sediment in Mill Creek from East Smith Street to
Central Avenue North. Additional work along the east bank of Mill Creek at
Kennebeck Avenue North includes installation of guardrail, embedded sheet pile
walls and surface restoration of the roadway.
The bid opening for the Mill Creek Reestablishment - East Smith Street to Central
Avenue North project was held on April 30, 2024, with four bids received. The lowest
responsible and responsive bid was submitted by Strickland and Sons Excavation,
LLC in the amount of $3,292,409.03.
Bid Tab Summary
01. Strickland and Sons Excavation, LLC $3,292,409.03
02.Road Construction Northwest, Inc. $3,737,248.69
03. Active Construction, Inc. $3,926,241.97
04. Quigg Bros., Inc. $4,365,314.03
Engineer's Estimate $4,204,074.90
BUDGET IMPACT: Funds to complete this work will be paid for using the Drainage
Utility fund.
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 185
10.B
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Mill Creek Reestablishment - East Smith Street to Central Avenue North Bid
Tab (PDF)
Packet Pg. 186
10.B.a
Mill Creek Reestablishment - 1 2 3 4 5
Smith to Central
Bid Opening: April 30, 2024, 11:00 AM Olson Brothers Excavating, Inc. Strickland and Sons Excavation, LLC Road Construction Northwest, Inc. Active Construction, Inc. Quigg Bros., Inc. Engineer's Estimat
6622 112th Street East 28008 Hinkleman Road PO Box 2228 5110 River Road E 819 West State Street Melissa Dahl
Disclaimer: These preliminary bid results are provided as a convenience to Puyallup, WA 98373 Buckley, WA 98321 Renton, WA 98056 Tacoma, WA 98443 Aberdeen, WA 98520
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
L
TOTAL $2,441,215.42 $3,292,409.03 $3,737,248.69 $3,926,241.97 $4,365,314.03 3
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT a
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE r
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SCHEDULE I: CHANNEL EXCAVATION
1000 Mobilization 1 LS 200,000.00 $200,000.00 258,000.00 $258,000.00 340,000.00 $340,000.00 350,000.00 $350,000.00 600,000.00 $600,000.00 340,000.00
1005 Fish Exclusion 1 LS 82 000.00 $82 000.00 42 000.00 $42 000.00 80 000.00 $80 000.00 9,500.00 $9 500.00 40 000.00 $40 000.00 100 000.00 Q
1010 Removal and Disposal of Sediment, Refuse, and 6,200 TON 75.00 $465,000.00 205.00 $1,271,000.00 254.00 $1,574,800.00 245.24 $1,520,488.00 270.00 $1,674,000.00 300.00
Vegetation ci
1015 Remove Existing Large Trees - Larger than 12 in. in 11 EA 2,300.00 $25,300.00 1,620.00 $17,820.00 1,750.00 $19,250.00 3,100.00 $34,100.00 3,500.00 $38,500.00 3,000.00
Diameter
1016 Remove Existing Trees - Between 12 in. and 4 in. in 6 EA 625.00 $3,750.00 1,080.00 $6,480.00 1,150.00 $6,900.00 2,100.00 $12,600.00 3,000.00 $18,000.00 1,000.00
Diameter
1020 Supplemental Creek Bypass Pumping 1 FA 50,000.00 $50,000.00 50,000.00 $50,000.00 50,000.00 $50,000.00 50,000.00 $50,000.00 50,000.00 $50,000.00 50,000.00 cn
1025 Dewatering System 1 FA 100,000.00 $100,000.00 100,000.00 $100,000.00 100,000.00 $100,000.00 100,000.00 $100,000.00 100,000.00 $100,000.00 100,000.00CU
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1030 Temporary Creek Bypass 1 LS 133 000.00 $133 000.00 180 000.00 $180 000.00 225 500.00 $225 500.00 375 000.00 $375 000.00 250 000.00 $250 000.00 250 000.00 W
1035 Furnish and Drive Sheet Piling 9,200 SF 77.00 $708,400.00 72.00 $662,400.00 48.50 $446,200.00 70.00 $644,000.00 70.00 $644,000.00 65.00
1040 Sheet Piling - Removing Obstructions or Construction 1 FA 30,000.00 $30,000.00 30,000.00 $30,000.00 30,000.00 $30,000.00 30,000.00 $30,000.00 30,000.00 $30,000.00 30,000.00 E
Modifications n
1041 Sheet Piling - Unexpected Existing Utilities 1 FA 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 Z
1042 Monitoring and Testing 1 FA 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00
1060 Project Sign Installation 4 EA 625.00 $2,500.00 950.00 $3,800.00 1,125.00 $4,500.00 1,100.00 $4,400.00 2,000.00 $8,000.00 1,500.00
1065 Temporary Fencing 2,100 LF 6.25 $13,125.00 3.75 $7,875.00 9.50 $19,950.00 6.00 $12,600.00 8.00 $16,800.00 12.00
1067 Pothole Utilities 10 EA 675.00 $6,750.00 550.00 _$5,500.00 1,070.00 $10,700.00 500.00 $5,000.00 2,500.00 $25,000.00 500.00 �
1068 Stabilized Construction Entrance 175 SY 49.00 $8,575.00 45.00 $7,875.00 57.75 $10,106.25 90.00 $15,750.00 60.00 $10,500.00 35.00
1070 Curb Gutter and Sidewalk Protection 1 LS 2,100.00 $2,100.00 6,900.00 $6,900.00 1,800.00 $1,800.00 15,000.00 $15,000.00 5,000.00 $5,000.00 5,000.0000
1075 Minor Changes 1 CALC 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00
SUB TOTAL $1,890,500.00 $2,709,650.00 $2,979,706.25 $3,238,438.00 $3,569,800.00
10.2% SALES TAX $192,831.00 $276,384.30 $303,930.04 $330,320.68 $364,119.60 m
SCHEDULE I TOTAL $2,083,331.00 $2,986,034.30 $3,283,636.29 $3,568,758.68 $3,933,919.60 t
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SCHEDULE III: STREET 3
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3000 Planing Bituminous Pavement 1,200 SY 24.00 $28,800.00 9.00 $10,800.00 15.00 $18,000.00 30.00 $36,000.00 20.00 $24,000.00 6.00 Q
3015 HMA Cl. 1/2" PG 58V-22 75 TON 222.00 $16,650.00 175.00 $13,125.00 274.00 $20,550.00 240.00 $18,000.00 400.00 $30,000.00 200.00
3020 Adjust Existing Manhole Cover to Finished Grade 1 EA 1,000.00 $1,000.00 750.00 $750.00 1,180.00 $1,180.00 1,000.00 $1,000.00 3,000.00 $3,000.00 1,500.00
3025 Adjust Existing Communications Vault Lid to Finished 1 EA 1,200.00 $1,200.00 1,500.00 $1,500.00 1,375.00 $1,375.00 1,500.00 $1,500.00 2,000.00 $2,000.00 700.00 U
Grade
3027 Adjust water valve cover to Finished Grade 3 EA 600.00 $1,800.00 350.00 $1,050.00 700.00 $2,100.00 750.00 $2,250.00 750.00 $2,250.00 700.00
3030 Saw Cut Existing Asphalt Concrete Pavement 775 EA 11.00 $8,525.00 4.00 $3,100.00 6.00 $4,650.00 5.00 $3,875.00 13.00 $10,075.00 5.00 N
3035 Beam Guardrail Type 1 - 9 ft. Long Post 840 LF 85.00 $71,400.00 75.00 $63,000.00 90.00 $75,600.00 75.00 $63,000.00 60.00 $50,400.00 120.00
3036 Beam Guardrail Anchor Type 1 8 EA 2,500.00 $20,000.00 2,240.00 $17 920.00 2,700.00 $21 600.00 2,200.00 $17 600.00 2,000.00 $16 000.00 1,500.00
3045 Removing Guardrail 60 LF 32.00 $1,920.00 29.00 $1,740.00 35.00 $2,100.00 28.00 $1,680.00 30.00 $1,800.00 20.00 w
3046 Removing Guardrail Post 8 EA 109.00 $872.00 98.00 $784.00 116.75 $934.00 95.00 $760.00 30.00 $240.00 300.00
3050 Permanent Signing 1 LS 2,500.00 $2,500.00 3,900.00 $3,900.00 3,050.00 $3,050.00 4,000.00 $4,000.00 7,000.00 $7,000.00 2,500.00
3055 Removal of Traffic Signs 1 LS 1,400.00 $1,400.00 1,700.00 $1,700.00 680.00 $680.00 2,000.00 $2,000.00 1,500.00 $1,500.00 250.00 N
3060 Fixed (Permanent) Type III Barricade 4 EA 2,500.00 $10,000.00 840.00 $3,360.00 1,200.00 $4,800.00 1,800.00 $7,200.00 600.00 $2,400.00 2,000.00
cc
SUB TOTAL $166,067.00 $122,729.00 $156,619.00 $158,865.00 $150,665.00
10.2% SALES TAX $16,938.83 $12,518.36 $15,975.14 $16,204.23 $15,367.83
SCHEDULE III TOTAL $183,005.83 $135,247.36 $172,594.14 $175,069.23 $166,032.83 v
SCHEDULE IV: STORM SEWER r
4000 Ductile Iron Class 50 Storm Sewer Pipe, 12 Inch 30 LF 160.00 $4,800.00 285.00 $8,550.00 297.50 $8,925.00 240.00 $7,200.00 260.00 $7,800.00 120.00
Diameter
4005 Furnish and Install TF-1 TideFlex Check Valve 1 LS 11,000.00 $11,000.00 3,600.00 $3,600.00 5,025.00 $5,025.00 5,200.00 $5,200.00 5,000.00 $5,000.00 7,500.00 Q
4010 Crushed Surfacing Top Course, 5/8 Minus 11 TON 172.00 $1,892.00 63.00 $693.00 70.00 $770.00 130.00 $1,430.00 50.00 $550.00 50.00
4015 Hot Plant Mix for Temporary Pavement Patch 5 TON 335.00 $1,675.00 240.00 $1,200.00 308.00 $1,540.00 240.00 $1,200.00 500.00 $2,500.00 200.00
4020 Remove Existing Storm Sewer Pipe or Culvert 30 LF 55.00 $1,650.00 28.00 $840.00 52.50 $1,575.00 50.00 $1,500.00 80.00 $2,400.00 60.00
SUB TOTAL $21,017.00 $14,883.00 $17,835.00 $16,530.00 $18,250.00
10.2% SALES TAX $2,143.73 $1,518.07 $1,819.17 $1,686.06 $1,861.50
SCHEDULE IV TOTAL $23,160.73 $16,401.07 $19,654.17 $18,216.06 $20,111.50
SCHEDULE V: TRAFFIC CONTROL
Packet Pg. 187
10.B.a
Mill Creek Reestablishment - 1 2 3 4 5
Smith to Central
Bid Opening: April 30, 2024, 11:00 AM Olson Brothers Excavating, Inc. Strickland and Sons Excavation, LLC Road Construction Northwest, Inc. Active Construction, Inc. Quigg Bros., Inc. Engineer's Estimat
6622 112th Street East 28008 Hinkleman Road PO Box 2228 5110 River Road E 819 West State Street Melissa Dahl
Disclaimer: These preliminary bid results are provided as a convenience to Puyallup, WA 98373 Buckley, WA 98321 Renton, WA 98056 Tacoma, WA 98443 Aberdeen, WA 98520
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
L
TOTAL $2,441,215.42 $3,292,409.03 $3,737,248.69 $3,926,241.97 $4,365,314.03 3
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT a
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE r
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5005 Traffic Control Labor 350 HR 74.00 $25,900.00 75.00 $26,250.00 300.00 $105,000.00 80.00 $28,000.00 120.00 $42,000.00 75.00 Z
5010 Construction Signs Class A 25 SF 125.00 $3,125.00 11.00 $275.00 49.50 $1,237.50 100.00 $2,500.00 150.00 $3,750.00 20.00
5015 Traffic Control Supervisor 100 HR 81.00 $8,100.00 79.00 $7,900.00 310.00 $31,000.00 100.00 $10,000.00 150.00 $15,000.00 90.00
5020 Temporary Traffic Control Devices 1 LS 3,200.00 $3 200.00 4,800.00 $4 800.00 6,200.00 $6 200.00 5,000.00 $5 000.00 10 000.00 $10 000.00 25 000.00 Q
5025 Portable Changeable Message Sign (PCMS) 120 DAY 125.00 $15,000.00 49.00 $5,880.00 80.00 $9,600.00 55.00 $6,600.00 100.00 $12,000.00 100.00
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SUB TOTAL $55,325.00 $45,105.00 $153,037.50 $52,100.00 $82,750.00
10.2% SALES TAX $5,643.15 $4,600.71 $15,609.83 $5,314.20 $8,440.50
SCHEDULE IV TOTAL $60,968.15 $49,705.71 $168,647.33 $57,414.20 $91,190.50
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SCHEDULE VII: TEMPORARY EROSION AND SEDIMENTATION CONTROL N
7000 Seeding, Fertilizing, and Mulching 1 AC 9,300.00 $9,300.00 6,300.00 $6,300.00 7,625.00 $7,625.00 7,000.00 $7,000.00 5,500.00 $5,500.00 10,000.00 w
7005 Filter Fabric Fence 300 LF 10.00 $3,000.00 5.50 $1,650.00 7.75 $2,325.00 7.00 $2,100.00 11.00 $3,300.00 7.00
7010 Wattle 300 LF 5.00 $1,500.00 5.50 $1,650.00 5.25 $1,575.00 3.00 $900.00 50.00 $15,000.00 6.00
7015 Inlet Protection 10 EA 125.00 $1,250.00 80.00 $800.00 106.00 $1,060.00 100.00 $1,000.00 300.00 $3,000.00 100.00 y
7020 Straw Mulch 400 SY 6.00 $2,400.00 4.00 $1,600.00 7.75 $3,100.00 6.00 $2,400.00 10.00 $4,000.00 10.00 Z
7025 SPCC Plan 1 LS 1,300.00 $1,300.00 1,000.00 $1,000.00 700.00 $700.00 250.00 $250.00 1,500.00 $1,500.00 10,000.00
7030 ESC Lead 50 HR 112.00 $5,600.00 108.00 $5,400.00 25.00 $1,250.00 165.00 $8,250.00 150.00 $7,500.00 100.00
7035 Erosion/Water Pollution Control 1 FA 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00
7040 Street Cleaning 200 HR 100.00 $20,000.00 190.00 $38,000.00 195.00 $39,000.00 175.00 $35,000.00 275.00 $55,000.00 150.00
7043 Watering - Dust Control 100 HR 180.00 $18,000.00 189.00 $18,900.00 75.00 $7,500.00 200.00 $20,000.00 250.00 $25,000.00 120.00
SUB TOTAL $82,350.00 $95,300.00 $84,135.00 $96,900.00 $139,800.00 a
10.2% SALES TAX $8,399.70 $9,720.60 $8,581.77 $9,883.80 $14,259.60
SCHEDULE IV TOTAL $90,749.70 $105,020.60 $92,716.77 $106,783.80 $154,059.60
m
SUMMARY:
SCHEDULE I TOTAL $2,083,331.00 $2,986,034.30 $3,283,636.29 $3,568,758.68 $3,933,919.60 z°
SCHEDULE III TOTAL $183,005.83 $135,247.36 $172,594.14 $175,069.23 $166,032.83 3
SCHEDULE IV TOTAL $23,160.73 $16,401.07 $19,654.17 $18,216.06 $20,111.50
SCHEDULE V TOTAL $60,968.15 $49,705.71 $168,647.33 $57,414.20 $91,190.50 a
SCHEDULE VII TOTAL $90,749.70 $105,020.60 $92,716.77 $106,783.80 $154,059.60
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CONSTRUCTION CONTRACT TOTALI $2,441,215.42 $3,292,409,031 $3,737,248.69 $3,926,241.97 $4,365,314.03
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Packet Pg. 188
10.B.a
Mill Creek Reestablishment -
Smith to Central
Bid Opening: April 30, 2024, 11:00 AM ;e
Disclaimer: These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
L
TOTAL $4,204,074.90 3
ITEM DESCRIPTION QTY UNIT TOTAL a
NO. AMOUNT r
L
°
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SCHEDULE I: CHANNEL EXCAVATION
c
1000 Mobilization 1 LS $340,000.00
1005 Fish Exclusion 1 LS $100,000.00 Q
1010 Removal and Disposal of Sediment, Refuse, and 6,200 TON $1,860,000.00
Vegetation ci
1015 Remove Existing Large Trees - Larger than 12 in. in 11 EA $33,000.00
Diameter
a�
1016 Remove Existing Trees - Between 12 in. and 4 in. in 6 EA $6,000.00
Diameter
1020 Supplemental Creek Bypass Pumping 1 FA $50,000.00 cn
1025 Dewatering System 1 FA $100,000.00 N
°
1030 Temporary Creek Bypass 1 LS $250,000.00 W
i
1035 Furnish and Drive Sheet Piling 9,200 SF $598,000.00
1040 Sheet Piling - Removing Obstructions or Construction 1 FA $30,000.00 E
Modifications n
1041 Sheet Piling - Unexpected Existing Utilities 1 FA $20,000.00 Z
1042 Monitoring and Testing 1 FA $20,000.00
1060 Project Sign Installation 4 EA $6,000.00
1065 Temporary Fencing 2,100 LF $25,200.00
L
1067 Pothole Utilities 10 EA $5,000.00
1068 Stabilized Construction Entrance 175 SY $6,125.00
1070 Curb Gutter and Sidewalk Protection 1 LS $5,000.00
co
1075 Minor Changes 1 CALC $20,000.00 M
SUB TOTAL $3,474,325.00
10.2% SALES TAX $354,381.15 m
SCHEDULE I TOTAL $3,828,706.15
°
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SCHEDULE III: STREET 3
c
3000 Planing Bituminous Pavement 1,200 SY $7,200.00 Q
3015 HMA Cl. 1/2" PG 58V-22 75 TON $15,000.00
3020 Adjust Existing Manhole Cover to Finished Grade 1 EA $1,500.00
3025 Adjust Existing Communications Vault Lid to Finished 1 EA $700.00 U
Grade
3027 Adjust water valve cover to Finished Grade 3 EA $2,100.00
3030 Saw Cut Existing Asphalt Concrete Pavement 775 EA $3,875.00 N
3035 Beam Guardrail Type 1 - 9 ft. Long Post 840 LF $100,800.00
3036 Beam Guardrail Anchor Type 1 8 EA $12,000.00
3045 Removing Guardrail 60 LF $1,200.00 w
3046 Removing Guardrail Post 8 EA $2,400.00
3050 Permanent Signing 1 LS $2,500.00
3055 Removal of Traffic Signs 1 LS $250.00 N
3060 Fixed (Permanent) Type III Barricade 4 EA $8,000.00
°
SUB TOTAL $157,525.00
10.2% SALES TAX $16,067.55 Yu,
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SCHEDULE III TOTAL $173,592.55 v
SCHEDULE IV: STORM SEWER r
c
4000 Ductile Iron Class 50 Storm Sewer Pipe, 12 Inch 30 LF $3,600.00
Diameter
4005 Furnish and Install TF-1 TideFlex Check Valve 1 LS $7,500.00 r
4010 Crushed Surfacing Top Course, 5/8 Minus 11 TON $550.00 a
4015 Hot Plant Mix for Temporary Pavement Patch 5 TON $1,000.00
4020 Remove Existing Storm Sewer Pipe or Culvert 30 LF $1,800.00
SUB TOTAL $14,450.00
10.2% SALES TAX $1,473.90
SCHEDULE IV TOTAL $15,923.90
SCHEDULE V: TRAFFIC CONTROL
Packet Pg. 189
10.B.a
Mill Creek Reestablishment -
Smith to Central
Bid Opening: April 30, 2024, 11:00 AM ;e
Disclaimer: These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
L
TOTAL $4,204,074.90 3
ITEM DESCRIPTION QTY UNIT TOTAL a
NO. AMOUNT r
L
5005 Traffic Control Labor 350 HR $26,250.00 Z
5010 Construction Signs Class A 25 SF $500.00
5015 Traffic Control Supervisor 100 HR $9,000.00
5020 Temporary Traffic Control Devices 1 LS $25,000.00 Q
5025 Portable Changeable Message Sign (PCMS) 120 DAY $12,000.00
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SUB TOTAL $72,750.00
10.2% SALES TAX $7,420.50
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SCHEDULE IV TOTAL $80,170.50
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SCHEDULE VII: TEMPORARY EROSION AND SEDIMENTATION CONTROL N
7000 Seeding, Fertilizing, and Mulching 1 AC $10,000.00 w
7005 Filter Fabric Fence 300 LF $2,100.00 �!
7010 Wattle 300 LF $1,800.00
7015 Inlet Protection 10 EA $1,000.00 y
7020 Straw Mulch 400 SY $4,000.00 Z
7025 SPCC Plan 1 LS $10,000.00
7030 ESC Lead 50 HR $5,000.00
7035 Erosion/Water Pollution Control 1 FA $20,000.00
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7040 Street Cleaning 200 HR $30,000.00
7043 Watering - Dust Control 100 HR $12,000.00
SUB TOTAL $95,900.00 a
M
10.2% SALES TAX $9,781.80
SCHEDULE IV TOTAL $105,681.80
'm
SUMMARY:
SCHEDULE I TOTAL $3,828,706.15 z°
SCHEDULE III TOTAL $173,592.55 3
SCHEDULE IV TOTAL $15,923.90
SCHEDULE V TOTAL $80,170.50 a
SCHEDULE VII TOTAL $105,681.80
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CONSTRUCTION CONTRACT TOTAL $4,204,074.90
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Packet Pg. 190
10.0
140
KENT
DATE: May 7, 2024
TO: Kent City Council
SUBJECT: Safe Routes to School — School Zone Flashers - Award
MOTION: I move to award the Safe Routes to School - School Zone
Flashers Project to Transportation Systems, Inc. in the amount of
$329,554 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: The project consists of supply and installation of 14 school zone
flashing beacon systems citywide, located near the following schools:
Sunnycrest Elementary School
Star Lake Elementary School
Park Orchard Elementary School
Sunrise Elementary School
Millennium Elementary School
Kent Elementary School
Neely O'Brien Elementary School
The bid opening for the Safe Routes to School - School Zone Flashers Project was
held on May 2, 2024, with three bids received. The lowest responsible and
responsive bid was submitted by Transportation Solutions, Inc. in the amount of
$329,554.
Bid Tab Summary
01.Transportation Systems, Inc. $329,554.00
02. Road Construction Northwest, Inc. $461,867.00
03. Westwater Construction Company $489,400.00
Engineer's Estimate $261,670.00
BUDGET IMPACT: No budget impacts as a result of the project. All engineering
and construction funded entirely by the Safe Routes to Schools Grant.
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 191
10.0
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Safe Routes to School - School Zone Flashers Bid Tab (PDF)
Packet Pg. 192
10.C.a
Safe Routes to School - School Zone Flashers 1 2 3
23-3009
Bid Opening: May 2, 2024, 11:00 AM Transportation Systems, Inc. Road Construction Northwest, Inc. Westwater Construction Company Engineer's Estimate
6917 166th Avenue E PO Box 2228 PO Box 59237 Chris Wadsworth
Disclaimer: These preliminary bid results are provided as a convenience to Sumner, WA 98390 Renton, WA 98056 Renton, WA 98058
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending. 3
TOTAL $329,554.00 $461,867.00 $489,400.00 $261,670.00 a
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL L
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT v
U-
SCHEDULE I: STREET
0
1000 Mobilization 1 LS 11,050.00 $11,050.00 45,000.00 $45,000.00 48,000.00 $48,000.00 19,000.00 $19,000.00 N
0
1005 Clearing and Grubbing 1 LS 3,250.00 $3,250.00 5,000.00 $5,000.00 5,000.00 $5,000.00 10,000.00 $10,000.00 0
1010 Remove Existing Asphalt Concrete Pavement 10 SY 70.00 $700.00 275.00 $2,750.00 100.00 $1,000.00 45.00 $450.00 in
1020 Remove Cement Concrete Sidewalk 20 SY 150.00 1
$3,000.00 183.00 $3,660.00 100.00 $2,000.00 40.00 $800.00 0
1025 Remove Cement Concrete Curb and Gutter 35 LF 50.00 $1,750.00 58.00 $2,030.00 50.00 $1,750.00 20.00 $700.00
1030 Remove Cement Concrete Traffic Curb 35 LF 50.00 $1,750.00 39.00 $1,365.00 50.00 $1,750.00 20.00 $700.00 0)
0
1045 Removal of Traffic Signs 1 LS 1,000.00 $1,000.00 1,275.00 $1,275.00 5,000.00 $5,000.00 4,400.00 $4,400.00 N
1050 Sawcut Existing Asphalt Concrete Pavement 60 LF 16.50 $990.00 30.00 $1,800.00 20.00 $1,200.00 10.00 $600.00
1055 Sawcut Existing Cement Concrete Pavement 15 LF 35.00 $525.00 58.00 $870.00 20.00 $300.00 15.00 $225.00
1060 Roadway Excavation Incl. Haul 15 CY 200.00 $3,000.00 160.00 $2,400.00 250.00 $3,750.00 150.00 $2,250.00
1080 Crushed Surfacing Top Course, 5/8 Inch Minus 20 TON 75.00 $1,500.00 148.00 $2,960.00 150.00 $3,000.00 75.00 $1,500.00 `"
1100 HMA CL. 1/2", PG 58V-22 5 TON 525.00 $2,625.00 750.00 $3,750.00 1,200.00 $6,000.00 300.00 $1,500.00 00
1145 Cement Concrete Sidewalk 20 SY 80.00 $1,600.00 387.00 $7,740.00 250.00 $5,000.00 150.00 $3,000.00
1205 Cement Concrete Curb and Gutter 35 LF 28.00 $980.00 252.00 $8,820.00 100.00 $3,500.00 75.00 $2,625.00 �
1210 Cement Concrete Traffic Curb 35 LF 45.00 $1,575.00 252.00 $8,820.00 100.00 $3,500.00 80.00 $2,800.00
1296 Remove, Salvage and Reinstall Mailbox 1 EA 700.00 $700.00 1,115.00 $1,115.00 1,000.00 $1,000.00 500.00 $500.00 m
1315 Pothole Utilities 6 EA 300.00 $1,800.00 750.00 $4,500.00 900.00 $5,400.00 700.00 $4,200.00 N
1505 Traffic Control Labor 450 HR 65.00 $29,250.00 100.00 $45,000.00 100.00 $45,000.00 75.00 $33,750.00 M
1510 Construction Signs Class A 200 SF 7.00 $1,400.00 49.00 $9,800.00 1.00 $200.00 25.00 $5,000.00 =
1515 Traffic Control Supervisor 230 HR 90.00 $20f700.00 101.00 $23,230.00 105.00 $24,150.00 80.00 $18,400.00 N
1520 Temporary Traffic Control Devices 1 LS 1,000.00 $1,000.00 3,500.00 $3,500.00 2,500.00 $2,500.00 15,000.00 $15,000.00 0
1525 White Edge Line Paint Stripe 10 LF 200.00 $2,000.00 62.50 $625.00 50.00 $500.00 25.00 $250.00
1530 Permanent Signing 1 LS 3,645.00 $3,645.00 6 650.00 6,650.00 7,500.00 $7f5OO.00 8,000.00 $8,000.00
1535 Relocate Signs 1 LS 450.00 $450.00 4,000.00 $4,000.00 2,500.00 $2,500.00 3,750.00 $3,750.00 0
1625 Solar Powered Flashing Beacon with Pole and Pelco 11 EA 14,125.00 $155,375.00 15,000.00 $165,000.00 17,900.00 $196,900.00 6,000.00 $66,000.00 Cn
Baser
1626 Solar Powered Flashing Beacon with Light Pole Mount 1 EA 13,285.00 $13,285.00 15,000.00 $15,000.00 15,500.00 $15,500.00 5,500.00 $5,500.00
0
1630 AC Powered Flashing Beacon with Pole and Pelco Base 2 EA 12,902.00 $25,804.00 15,000.00 $30,000.00 20,000.00 $40,000.00 4,000.00 $8,000.00 4)
M
Cn
1635 Supply and Install 2 Inch Diameter Schedule 80 PVC 90 LF 45.00 $4,050.00 131.50 $11,835.00 75.00 $6,750.00 50.00 $4,500.00
Conduit
1640 Sand for Conduit Bedding 10 TON 75.00 $750.00 113.00 $1,130.00 75.00 $750.00 75.00 $750.00
1650 Junction Box, Type 1 1 EA 2,500.00 $2,500.00 1,600.00 $1,600.00 2,000.00 $2,000.00 1,500.00 $1,500.00
1660 Remote Solar Panel Incl. Post 1 EA 10 500.00 10 500.00 13 000.00 13 000.00 12 500.00 12 500.00 5 000.00 a
$ $ $ $5,000.00
1665 Additional Lead In Wire 40 LF 35.00 $1,400.00 7.25 $290.00 175.00 $7,000.00 8.00 $320.00
1667 2" PVC Conduit Stub Out for Proposed Junction Boxes 2 EA 500.00 $1,000.00 185.00 $370.00 1,200.00 $2,400.00 250.00 $500.00
1670 Electrical Wiring and Connections 1 LS 3,500.00 $3,500.00 8,000.00 $8,000.00 5,000.00 $5,000.00 12,000.00 $12,000.00
1700 Inlet Protection 6 EA 50.00 $300.00 107.00 642.00 100.00 $600.00 150.00 $900.00
1730 ESC Lead 10 HR 50.00 $500.00 25.00 $250.00 50.00 $500.00 60.00 $600.00
1740 SPCC Plan 1 LS 350.00 $350.00 650.00 $650.00 500.00 $500.00 1,500.00 $1,500.00
Packet Pg. 193
10.C.a
Safe Routes to School - School Zone Flashers 1 2 3
23-3009
Bid Opening: May 2, 2024, 11:00 AM Transportation Systems, Inc. Road Construction Northwest, Inc. Westwater Construction Company Engineer's Estimate
6917 166th Avenue E PO Box 2228 PO Box 59237 Chris Wadsworth
Disclaimer: These preliminary bid results are provided as a convenience to Sumner, WA 98390 Renton, WA 98056 Renton, WA 98058
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending. 3
TOTAL $329,554.00 $461,867.00 $489,400.00 $261,670.00 a
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL ;n
d
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT w
M
1755 Erosion/Water Pollution Control 1 FA 1,000.00 $1,000.00 1,000.00 $1,000.00 1,000.00 $1,000.00 1,000.00 $1,000.00 U-
1775 Street Cleaning 20 HR 75.00 $1,500.00 195.00 $3,900.00 150.00 $3,000.00 150.00 $3,000.00 c
1805 Topsoil Type A 10 CY 125.00 $1 250.00 94.00 $940.00 500.00 N
$5,000.00 100.00 $1,000.00
0
1830 Seeding, Fertilizing, and Mulching 10 SY 25.00 $250.00 160.00 $1,600.00 50.00 $500.00 20.00 $200.00 t
1836 Tree Trimming 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 in
1900 Minor Changes 1 CALC 5,000.00 $5,000.00 5 000.00 1
$5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 0
O
s
SCHEDULE I TOTAL $329,554.00 $461,867.00 $489,400.00 $261,670.00 in
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CONSTRUCTION CONTRACT TOTAL $329,554.00 $461,867.00 $489,400.00 $261,670.00
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