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SIXTY-FIFTH DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Tuesday, March 14, 1995

The House was called to order at 8:30 by the Speaker (Representative Horn presiding). The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Joy Sehring, Anna Thompson, Megan Watson and Devin McGee, Girl Scouts of the United States of America. Prayer was offered by Representative Carlson.

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

There being no objection, the House immediately considered House Resolution No. 4636.

RESOLUTION

HOUSE RESOLUTION NO. 95-4636, by Representatives Romero, Chappell, Cooke, Quall, Ballasiotes, K. Schmidt, Mason, Chopp, Dellwo, Conway, Cody, Kremen, Robertson, Rust and Hatfield

WHEREAS, Tuesday, March 14, 1995, marks the first national GIRL SCOUTS' BE YOUR BEST DAY initiated by Girl Scouts of the United States of America, the world's largest voluntary organization for girls; and

WHEREAS, BE YOUR BEST DAY falls during Girl Scout Week, which commemorates the founding of the Girl Scout organization 83 years ago; and

WHEREAS, Girl Scouting has inspired generations of girls to improve the world around them in their homes, communities, and their society; and

WHEREAS, The values-based structure of Girl Scouting gives girls a solid foundation on which to build the rest of their lives; and

WHEREAS, Girl Scout programs act as a prevention tool by offering girls a safe environment in which to learn and have fun; and

WHEREAS, Girl Scouting's positive adult role models help girls see that women leaders are the norm and not the exception; and

WHEREAS, The all-girl setting of Girl Scouts helps a girl know that she can be all that she wants to be;

NOW, THEREFORE, BE IT RESOLVED, By the Washington State House of Representatives, that the members issue this call to action by urging every man, woman, and child in the state of Washington to join with the rest of the nation on GIRL SCOUTS' BE YOUR BEST DAY by pledging to be their individual best; and

BE IT FURTHER RESOLVED, That today each member of the House of Representatives pledges to do their best for the citizens of the state of Washington; and

BE IT FURTHER RESOLVED, That the members of the House of Representatives support the on-going work of Girl Scouts of the United States of America and the councils that serve the communities of the state of Washington; and

BE IT FURTHER RESOLVED, That the members of the House of Representatives do all they can in their home districts to promote the programs and ideals of Girl Scouting; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the five Girl Scout councils in the state of Washington.

Representative Romero moved adoption of the resolution.

Representatives Romero, Rust and Mason spoke in favor of adoption of the resolution.

House Resolution No. 4636 was adopted.

The Speaker (Representative Horn presiding) declared the House to be at ease.

The Speaker called the House to order.

HOUSE BILL NO. 1083, by Representatives Carlson, Sommers, Sehlin, Cooke, Dellwo, Regala, Campbell, Conway, Kessler, Valle, Romero, Wolfe, Costa, Cody, Veloria, Mastin, Sheldon, Thibaudeau, Kremen, Dickerson, Poulsen, Mason, Scott, Quall, Basich, Morris, Chopp, Patterson, Appelwick and Tokuda

Modifying the cost of living allowance for retirement purposes.

The bill was read the second time. There being no objection, Substitute House Bill No. 1083 was substituted for House Bill No. 1083 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1083 was read the second time.

Representative Morris moved adoption of the following amendment by Representative Morris:

On page 13, line 25, strike "fifty-nine" and insert "sixty-two"

On page 23, line 5, strike "fifty-nine" and insert "sixty-two"

On page 23, after line 7, insert the following:

"Sec. 11. RCW 41.04.275 and 1994 c 298 s 6 are each amended to read as follows:

The pension funding account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the ((continuing)) costs of any state retirement system benefits ((in effect on July 1, 1993, consistent with section 919, chapter 24, Laws of 1993 s. sass))."

On page 1, line 2 of the title, after "purposes;" insert "amending RCW 41.04.275;"

Representatives Morris, G. Fisher and Ebersole spoke in favor of the adoption of the amendment.

Representatives Carlson and Cooke spoke against the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 13, line 25, to Substitute House Bill No. 1083, and the amendment was not adopted by the following vote: Yeas - 39, Nays - 59, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Campbell, Casada, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Romero, Scott, Sheldon, Smith, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 39.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Radcliff, Reams, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

With the consent of the House, amendment number 234 to Substitute House Bill No. 1083 was adopted.

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

Representatives Carlson, Sommers and Basich spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1083.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1083, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97. Voting nay: Representative Goldsmith - 1.

Substitute House Bill No. 1083, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1131, by Representatives Silver and G. Fisher; by request of Office of the Forecast Council

Changing provisions relating to economic assumptions for actuarial studies and retirement contribution rates.

The bill was read the second time.

Representative Silver moved adoption of the following amendment by Representative Silver:

On page 1, after line 19, insert the following:

"The council shall work with the department of retirement systems, the state actuary, and the executive director of the state investment board, and shall consider long-term historical averages, in developing the economic assumptions."

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

The amendment was adopted.

The bill was ordered engrossed.

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

Representative Silver spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1131.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1131, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.

Engrossed House Bill No. 1131, having received the constitutional majority, was declared passed.

There being no objection, the House considered the following bills in the following order: House Bill No. 1486, Substitute House Bill No. 1645, House Bill No. 1724 and House Bill No. 2072.

There being no objection, the House resumed consideration of House Bill No. 1486.

SPEAKER'S RULING

Representative Appelwick, the Speaker is prepared to Rule on your Point of Order which challenges Substitute House Bill No. 1486 as being beyond the Scope and Object of House Bill No. 1486.

The title of both House Bill No. 1486 and Substitute House Bill No. 1486 is "AN ACT Relating to adult entertainment businesses. Both House Bill No. 1486 and Substitute House Bill No. 1486 amend the same sections of law and both add a new chapter to title 18 RCW. The Speaker finds that both House Bill No. 1486 and Substitute House Bill No. 1486 fit within the scope of the title to House Bill No. 1486.

House Bill No. 1486 has as it purpose the regulation of certain adult entertainment businesses. Section 2 of the bill defined the businesses to be regulate as those which regularly feature live performances of nude or seminude persons.

Substitute House Bill No. 1486 may very well be intended to combat many of the same problems as are caused by businesses which regularly feature live performances of nude or seminude persons, but Substitute House Bill No. 1486 seeks to regulate "sexually oriented businesses" which include adult book stores and adult motion picture theaters, and other businesses which the Speaker believes are not known to regularly feature live performances of nude or seminude persons.

The Speaker finds that the object of Substitute House Bill No. 1486 is broader than the object of House Bill No. 1486.

Substitute House Bill No. 1486 is beyond the scope and object of House Bill No. 1486.

Representative Appelwick, Your Point of Order is well taken.

MOTION

Representative Padden moved that the House defer further consideration of House Bill No. 1486 and the bill held it's place on the second reading calendar.

There being no objection, the House resumed consideration of Substitute House Bill No. 1645.

SPEAKER'S RULING

Representative K. Schmidt, the Speaker is prepared to Rule on your Point of Order which challenges Amendment 315 to Substitute House Bill No. 1645 as being beyond the Scope and Object of the bill.

The title of Substitute House Bill No. 1645 is "AN ACT Relating to transportation planning"

The title is broad. The bill amends several sections of chapter 36.70A RCW and adds a new section to chapter 47.06 RCW.

Amendment 315 to Substitute House Bill No. 1645 would add "airports that have scheduled air services" to the list of transportation facilities and services declared to be of state wide significance. The Speaker finds that this amendment is within the scope of the broad title of Substitute House Bill No. 1645.

The object of Substitute House Bill No. 1645 is to require that cities and counties when planning under the growth management act to include state owned transportation facilities in the transportation element of their comprehensive plans. In addition the bill provides that certain transportation facilities and services are of state wide significance. Many of the facilities declared to be of state wide significance are not owned or operated by the state.

Amendment 315 is related to the object of Substitute House Bill No. 1645.

The Speaker finds that Amendment 315 is not beyond the scope and object of the bill.

Representative K. Schmidt, Your Point of Order is not well taken.

Representative Valle you may continue.

Representative Silver moved adoption of the following amendment by Representative Valle:

On page 14, line 36, after "terminals," insert "airports that have scheduled air services,"

Representatives Silver and Mitchell spoke in favor of the adoption of the amendment.

Representative K. Schmidt spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment number 316 to Substitute House Bill No. 1645 was withdrawn.

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

Representatives K. Schmidt and R. Fisher spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1645.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1645, and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.

Voting nay: Representatives Fisher, G., Hargrove, Patterson, Poulsen and Valle - 5.

Substitute House Bill No. 1645, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1724, by Representatives Reams, Rust, L. Thomas, Goldsmith, Ogden, Patterson, Poulsen, Scott, Regala, Mastin, Valle and Chopp; by request of Governor Lowry

Revising provisions relating to growth management.

The bill was read the second time.

POINT OF ORDER

Representative Appelwick: Thank you Mr. Speaker. I would request a ruling on the scope and object of the substitute to House Bill No. 1724.

SPEAKER'S RULING

Representative Appelwick, the Speaker is prepared to Rule on your Point of Order which challenges Substitute House Bill No. 1724 as being beyond the Scope and Object of House Bill No. 1724.

The title of both House Bill No. 1724 and Substitute House Bill No. 1724 is "AN ACT Relating to implementing the recommendations of the governor's task force on regulatory reform on integrating growth management planning and environmental review. This very specific title was followed by amendments to over 100 sections of the law spread throughout the revised code of Washington. The title of the bill requires that both the bill and the substitute address the issues that are in the recommendations of the governor's task force. The Speaker finds that both House Bill No. 1724 and Substitute House Bill No. 1724 are within the scope of the title of House Bill No. 1724.

The object of House Bill No. 1724 was to implement the recommendations of the governor's task force on regulatory reform and growth management.

The Speaker finds that while Substitute House Bill No. 1724 proposes some different answers to the issues raised by House Bill No. 1724 it has the same object as House Bill No. 1724; and that is addressing those issues.

If the Speaker were to rule that amendments to task force recommendations could not alter the proposed recommendations, task force reports would hold a status far above the rights that members have individually.

The Speaker finds that the object of Substitute House Bill No. 1724 is not beyond the object of House Bill No. 1724.

Representative Appelwick, Your Point of Order is not well taken.

There being no objection, Substitute House Bill No. 1724 was substituted for House Bill No. 1724 and the substitute bill was placed on second reading.

Substitute House Bill No. 1724 was read the second time.

There being no objection, the committee amendment was adopted. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 57th Day, March 6, 1995).

With the consent of the House, amendment number 309 to Substitute House Bill No. 1724 was withdrawn.

Representative Reams moved adoption of the following amendment by Representative Reams:

Strike everything after the enacting clause and insert the following:

NEW SECTION. Sec. 1. The legislature recognizes by this act that the growth management act is a fundamental building block of regulatory reform. The state and local governments have invested considerable resources in an act that should serve as the integrating framework for all other land-use related laws. The growth management act provides the means to effectively combine certainty for development decisions, reasonable environmental protection, long-range planning for cost-effective infrastructure, and orderly growth and development.

PART I - PLANNING AND ENVIRONMENTAL REVIEW

NEW SECTION. Sec. 101. In reviewing a development permit application and making permit decisions, a county or city planning under RCW 36.70A.040 shall rely on its development regulations and comprehensive plan to determine permitted land uses, including conditional and special uses, allowable densities, system improvements related to the proposal if the comprehensive plan and development regulations provide for funding of these improvements, and other matters. During the project review the county or city shall not reexamine alternatives to or hear appeals on these matters, except for code interpretation.

A proposed project's consistency with development regulations shall be determined by the county or city considering the type of land use, the level of development, infrastructure, including public facilities and public services needed to serve the development, and the character of development, such as design and development standards. Determination of a project's consistency does not require documentation or use of any specific procedure.

Specific project design and conditions relating to the character of development, the payment of impact fees, or other measures to mitigate a proposal's probable adverse environmental impacts, if applicable, shall be identified during the project review.

If the conditions of section 103 of this act are met, the requirements for environmental analysis and mitigation measures in development regulations are presumed to provide adequate mitigation for the specific adverse environmental impacts to which the requirements apply. Permitting agencies shall continue to have the authority to approve, condition, or deny projects as provided in their development regulations and in their policies adopted under RCW 43.21C.060.

NEW SECTION. Sec. 102. A new section is added to chapter 36.70A RCW to read as follows:

Project review by a county or city planning under RCW 36.70A.040 shall be used to make individual project decisions, not land use planning decisions. If, during project review, a county or city identifies deficiencies in plans or regulations, the project review shall continue and shall not be used as a comprehensive planning process, but any deficiencies in the comprehensive plan or development regulations shall be noted for consideration during the periodic review of the comprehensive plan and development regulations. Procedures shall include allowing persons to suggest changes in the comprehensive plan and development regulations.

For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. It does not refer to whether a development regulation addresses a project's probable site-specific adverse environmental impacts that the permitting agency could mitigate in the normal project review process.

NEW SECTION. Sec. 103. A new section is added to chapter 43.21C RCW to read as follows:

(1) The legislature finds that a wide range of environmental subjects and impacts have been addressed by counties, cities, and towns in comprehensive plans and development regulations adopted under chapter 36.70A RCW, and by the state and federal government in environmental rules and laws. These plans, regulations, rules, and laws often provide environmental analysis and mitigation measures for project actions without the need for an environmental impact statement or further project mitigation. When existing plans, regulations, rules, or laws provide environmental analysis and mitigation measures for the specific adverse environmental impacts of proposed projects, these requirements should be integrated with, and should not be duplicated by, environmental review under this chapter. The legislature reaffirms that a primary role of environmental review under this chapter is to focus on the gaps and overlaps that may exist, taking into account the other laws and requirements. Review of project actions in counties, cities, and towns planning under RCW 36.70A.040 should integrate environmental review with project review and not use this chapter to substitute for other land use planning and environmental requirements.

A county or city planning under RCW 36.70A.040 shall attempt to prepare an enhanced detailed statement, or enhanced environmental analysis, of its proposed comprehensive plan, subarea plans, and development regulations that is of sufficient detail in addressing impacts and alternatives to allow the detailed statement to be used in whole or in part by applicants for development permits within the geographic area covered by the statement.

(2) In reviewing a project action, a county, city, or town planning under RCW 36.70A.040 shall presume that requirements for environmental analysis, protection, and mitigation measures in development regulations, comprehensive plans, and other applicable local, state, or federal laws and rules provide adequate analysis of and mitigation for the specific adverse environmental impacts to which the requirements apply, and shall not conduct environmental analysis or impose mitigation under this chapter if the following has occurred:

(a)(i) The local government has considered the probable adverse environmental impacts of the proposed action and has determined that these impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws; and

(ii) The local government has based or conditioned its approval on compliance with these requirements or mitigation measures.

(b) If the requirements of (a) of this subsection are not satisfied for some or all of the probable adverse environmental impacts of the project action, environmental review under this chapter shall be limited to those impacts and their effect on and relationship with other impacts, if any, consistent with the intent of this section, and shall be subject to the provisions of RCW 43.21C.060.

(3) For a county, city, or town planning under RCW 36.70A.040, project review shall not require additional environmental analysis or mitigation if the comprehensive plans, subarea plans, or development regulations already address a project̓s probable site-specific adverse environmental impacts, as determined under subsection (2) of this section. If a comprehensive plan, subarea plan, or development regulation adopted pursuant to chapter 36.70A RCW does not address a project̓s probable site-specific adverse environmental impacts, project review shall be integrated with environmental analysis under this chapter.

(4) The addressing of impacts in a comprehensive plan, subarea plan, or development regulation shall include but not be limited to the adoption or designation of levels of service, land use designations, or development standards.

(5) In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the local government shall consult with that agency and may expressly defer to that agency. In making this deferral, the local government shall base or condition its project approval on compliance with these other existing rules or laws.

Sec. 104. RCW 43.21C.075 and 1994 c 253 s 4 are each amended to read as follows:

(1) Because a major purpose of this chapter is to combine environmental considerations with public decisions, any appeal brought under this chapter shall be linked to a specific governmental action. The State Environmental Policy Act provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of this chapter. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action.

(2) Unless otherwise provided by this section:

(a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental determinations.

(b) Appeals of environmental determinations made (or lacking) under this chapter shall be commenced within the time required to appeal the governmental action which is subject to environmental review.

(3) If an agency has a procedure for appeals of agency environmental determinations made under this chapter, such procedure:

(a) Shall not allow more than one agency appeal proceeding on a procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement)((, consistent with any state statutory requirements for appeals to local legislative bodies)). The appeal proceeding on a determination of significance((/nonsignificance)) may occur before the agency's final decision on a proposed action. Such an appeal shall also be allowed for a determination of significance/nonsignificance which may be issued by the agency after supplemental review;

(b) Shall consolidate an appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measures or to deny a proposal) with a hearing or appeal on the underlying governmental action by providing for a single simultaneous ((appeal of an)) hearing before one hearing officer or body to consider the agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the ((threshold determination)) appeal, if any, of a determination of significance as provided in (a) of this subsection or an appeal to the local legislative authority under RCW 43.21C.060 or other applicable state statutes;

(c) Shall provide for the preparation of a record for use in any subsequent appeal proceedings, and shall provide for any subsequent appeal proceedings to be conducted on the record, consistent with other applicable law. An adequate record consists of findings and conclusions, testimony under oath, and taped or written transcript. An electronically recorded transcript will suffice for purposes of review under this subsection; and

(d) Shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight.

(4) If a person aggrieved by an agency action has the right to judicial appeal and if an agency has an appeal procedure, such person shall, prior to seeking any judicial review, use such agency procedure if any such procedure is available, unless expressly provided otherwise by state statute.

(5) ((RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter.)) Some statutes and ordinances contain time periods for challenging governmental actions which are subject to review under this chapter, such as various local land use approvals (the "underlying governmental action"). RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter. This ((section)) subsection does not modify any such time periods. ((This section governs when a judicial appeal must be brought under this chapter where a "notice of action" is used, and/or where there is another time period which is required by statute or ordinance for challenging the underlying governmental action.)) In this subsection, the term "appeal" refers to a judicial appeal only.

(a) If there is a time period for appealing the underlying governmental action, appeals under this chapter shall be commenced within ((thirty days)) such time period. The agency shall give official notice stating the date and place for commencing an appeal. ((If there is an agency proceeding under subsection (3) of this section, the appellant shall, prior to commencing a judicial appeal, submit to the responsible official a notice of intent to commence a judicial appeal. This notice of intent shall be given within the time period for commencing a judicial appeal on the underlying governmental action.))

(b) If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 ((may be used. If a notice of action)) is used, ((judicial)) appeals shall be commenced within the time period specified by RCW 43.21C.080((, unless there is a time period for appealing the underlying governmental action in which case (a) of this subsection shall apply.

(c) Notwithstanding RCW 43.21C.080(1), if there is a time period for appealing the underlying governmental action, a notice of action may be published within such time period)).

(6)(a) Judicial review under subsection (3) of this section of an appeal decision made by an agency under ((RCW 43.21C.075(5))) subsection (3) of this section shall be on the record, consistent with other applicable law.

(b) A taped or written transcript may be used. If a taped transcript is to be reviewed, a record shall identify the location on the taped transcript of testimony and evidence to be reviewed. Parties are encouraged to designate only those portions of the testimony necessary to present the issues raised on review, but if a party alleges that a finding of fact is not supported by evidence, the party should include in the record all evidence relevant to the disputed finding. Any other party may designate additional portions of the taped transcript relating to issues raised on review. A party may provide a written transcript of portions of the testimony at the party's own expense or apply to that court for an order requiring the party seeking review to pay for additional portions of the written transcript.

(c) Judicial review under this chapter shall without exception be of the governmental action together with its accompanying environmental determinations.

(7) Jurisdiction over the review of determinations under this chapter in an appeal before an agency or superior court shall upon consent of the parties be transferred in whole or part to the shorelines hearings board. The shorelines hearings board shall hear the matter and sign the final order expeditiously. The superior court shall certify the final order of the shorelines hearings board and said certified final order may only be appealed to an appellate court. In the case of an appeal under this chapter regarding a project or other matter that is also the subject of an appeal to the shorelines hearings board under chapter 90.58 RCW, the shorelines hearings board shall have sole jurisdiction over both the appeal under this section and the appeal under chapter 90.58 RCW, shall consider them together, and shall issue a final order within one hundred eighty days as provided in RCW 90.58.180.

(8) For purposes of this section and RCW 43.21C.080, the words "action", "decision", and "determination" mean substantive agency action including any accompanying procedural determinations under this chapter (except where the word "action" means "appeal" in RCW 43.21C.080(2) and (3)). The word "action" in this section and RCW 43.21C.080 does not mean a procedural determination by itself made under this chapter. The word "determination" includes any environmental document required by this chapter and state or local implementing rules. The word "agency" refers to any state or local unit of government. Except as provided in subsection (5) of this section, the word "appeal" refers to administrative, legislative, or judicial appeals.

(9) The court in its discretion may award reasonable attorney's fees of up to one thousand dollars in the aggregate to the prevailing party, including a governmental agency, on issues arising out of this chapter if the court makes specific findings that the legal position of a party is frivolous and without reasonable basis.

Sec. 105. RCW 43.21C.031 and 1983 c 117 s 1 are each amended to read as follows:

(1) An environmental impact statement (the detailed statement required by RCW 43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. The environmental impact statement may be combined with the recommendation or report on the proposal or issued as a separate document. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement under this chapter. In a county, city, or town planning under RCW 36.70A.040, a planned action, as provided for in subsection (2) of this section, does not require a threshold determination or the preparation of an environmental impact statement under this chapter, but is subject to environmental review and mitigation as provided in this chapter.

An environmental impact statement is required to analyze only those probable adverse environmental impacts which are significant. Beneficial environmental impacts may be discussed. The responsible official shall consult with agencies and the public to identify such impacts and limit the scope of an environmental impact statement. The subjects listed in RCW 43.21C.030(2)(c) need not be treated as separate sections of an environmental impact statement. Discussions of significant short-term and long-term environmental impacts, significant irrevocable commitments of natural resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated should be consolidated or included, as applicable, in those sections of an environmental impact statement where the responsible official decides they logically belong.

(2)(a) For purposes of this section, a planned action means one or more types of project action that:

(i) Are designated planned actions by an ordinance or resolution adopted by a county, city, or town planning under RCW 36.70A.040;

(ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with (A) a comprehensive plan or subarea plan adopted under chapter 36.70A RCW, or (B) a fully contained community, a master planned resort, a master planned development, or a phased project;

(iii) Are subsequent or implementing projects for the proposals listed in (a)(ii) of this subsection;

(iv) Are located within an urban growth area, as defined in RCW 36.70A.030;

(v) Are not essential public facilities, as defined in RCW 36.70A.200; and

(vi) Are consistent with a comprehensive plan adopted under chapter 36.70A RCW.

(b) A county, city, or town shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the county, city, or town and may limit a planned action to a time period identified in the environmental impact statement or the ordinance or resolution adopted under this subsection.

Sec. 106. RCW 43.21C.110 and 1983 c 117 s 7 are each amended to read as follows:

It shall be the duty and function of the department of ecology((, which may utilize proposed rules developed by the environmental policy commission)):

(1) To adopt and amend thereafter rules of interpretation and implementation of this chapter (((the state environmental policy act of 1971))), subject to the requirements of chapter 34.05 RCW, for the purpose of providing uniform rules and guidelines to all branches of government including state agencies, political subdivisions, public and municipal corporations, and counties. The proposed rules shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications of the proposed rules shall be considered on their merits, and the department shall have the authority and responsibility for full and appropriate independent promulgation and adoption of rules, assuring consistency with this chapter as amended and with the preservation of protections afforded by this chapter. The rule making powers authorized in this section shall include, but shall not be limited to, the following phases of interpretation and implementation of this chapter (((the state environmental policy act of 1971))):

(a) Categories of governmental actions which are not to be considered as potential major actions significantly affecting the quality of the environment, including categories pertaining to applications for water right permits pursuant to chapters 90.03 and 90.44 RCW. The types of actions included as categorical exemptions in the rules shall be limited to those types which are not major actions significantly affecting the quality of the environment. The rules shall provide for certain circumstances where actions which potentially are categorically exempt require environmental review. An action that is determined to be categorically exempted under the rules adopted by the department may not be conditioned or denied under this chapter.

(b) Rules for criteria and procedures applicable to the determination of when an act of a branch of government is a major action significantly affecting the quality of the environment for which a detailed statement is required to be prepared pursuant to RCW 43.21C.030.

(c) Rules and procedures applicable to the preparation of detailed statements and other environmental documents, including but not limited to rules for timing of environmental review, obtaining comments, data and other information, and providing for and determining areas of public participation which shall include the scope and review of draft environmental impact statements.

(d) Scope of coverage and contents of detailed statements assuring that such statements are simple, uniform, and as short as practicable; statements are required to analyze only reasonable alternatives and probable adverse environmental impacts which are significant, and may analyze beneficial impacts.

(e) Rules and procedures for public notification of actions taken and documents prepared.

(f) Definition of terms relevant to the implementation of this chapter including the establishment of a list of elements of the environment. Analysis of environmental considerations under RCW 43.21C.030(2) may be required only for those subjects listed as elements of the environment (or portions thereof). The list of elements of the environment shall consist of the "natural" and "built" environment. The elements of the built environment shall consist of public services and utilities (such as water, sewer, schools, fire and police protection), transportation, environmental health (such as explosive materials and toxic waste), and land and shoreline use (including housing, and a description of the relationships with land use and shoreline plans and designations, including population).

(g) Rules for determining the obligations and powers under this chapter of two or more branches of government involved in the same project significantly affecting the quality of the environment.

(h) Methods to assure adequate public awareness of the preparation and issuance of detailed statements required by RCW 43.21C.030(2)(c).

(i) To prepare rules for projects setting forth the time limits within which the governmental entity responsible for the action shall comply with the provisions of this chapter.

(j) Rules for utilization of a detailed statement for more than one action and rules improving environmental analysis of nonproject proposals and encouraging better interagency coordination and integration between this chapter and other environmental laws.

(k) Rules relating to actions which shall be exempt from the provisions of this chapter in situations of emergency.

(l) Rules relating to the use of environmental documents in planning and decision making and the implementation of the substantive policies and requirements of this chapter, including procedures for appeals under this chapter.

(m) Rules and procedures that provide for the integration of environmental review with project review as provided in section 103 of this act. The rules and procedures shall be jointly developed with the department of community, trade, and economic development and shall be applicable to the preparation of environmental documents for actions in counties, cities, and towns planning under RCW 36.70A.040. The rules and procedures shall also include criteria to analyze the consistency of project actions, including planned actions under RCW 43.21C.031(2), with development regulations adopted pursuant to chapter 36.70A RCW, or in the absence of applicable development regulations, the appropriate elements of a comprehensive plan or subarea plan adopted pursuant to chapter 36.70A RCW. Ordinances or procedures adopted by a county, city, or town to implement the provisions of section 103 of this act prior to the effective date of rules adopted pursuant to this subsection (1)(m) shall continue to be effective until the adoption of any new or revised ordinances or procedures that may be required. If any revisions are required as a result of rules adopted pursuant to this subsection (1)(m), those revisions shall be made within the time limits specified in RCW 43.21C.120.

(2) In exercising its powers, functions, and duties under this section, the department may:

(a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation organizations, state and local governments and other groups, as it deems advisable; and

(b) Utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies, organizations, and individuals, in order to avoid duplication of effort and expense, overlap, or conflict with similar activities authorized by law and performed by established agencies.

(3) Rules adopted pursuant to this section shall be subject to the review procedures of chapter 34.05 RCW ((34.05.538 and 34.05.240)).

Sec. 107. RCW 43.21C.080 and 1977 ex.s. c 278 s 1 are each amended to read as follows:

(1) Notice of any action taken by a governmental agency may be publicized by the acting governmental agency, the applicant for, or the proponent of such action, in substantially the form as set forth in ((subsection (3) of this section and in the following manner)) rules adopted pursuant to RCW 43.21C.110:

(a) By publishing notice on the same day of each week for two consecutive weeks in a legal newspaper of general circulation in the area where the property which is the subject of the action is located;

(b) By filing notice of such action with the department of ecology at its main office in Olympia prior to the date of the last newspaper publication; and

(c) Except for those actions which are of a nonproject nature, by one of the following methods which shall be accomplished prior to the date of ((last)) first newspaper publication;

(i) Mailing to the latest recorded real property owners, as shown by the records of the county treasurer, who share a common boundary line with the property upon which the project is proposed through United States mail, first class, postage prepaid.

(ii) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed.

(2)(((a))) Except as otherwise provided in RCW 43.21C.075(5)(a), any action to set aside, enjoin, review, or otherwise challenge any such governmental action or subsequent government action for which notice is given as provided in subsection (1) of this section on grounds of noncompliance with the provisions of this chapter shall be commenced within ((thirty)) twenty-one days from the date of last newspaper publication of the notice pursuant to subsection (1) of this section, or be barred((: PROVIDED, HOWEVER, That the time period within which an action shall be commenced shall be ninety days (i) for projects to be performed by a governmental agency or to be performed under government contract, or (ii) for thermal power plant projects: PROVIDED FURTHER, That)).

Any subsequent governmental action on the proposal for which notice has been given as provided in subsection (1) of this section shall not be set aside, enjoined, reviewed, or otherwise challenged on grounds of noncompliance with the provisions of RCW 43.21C.030(2)(a) through (h) unless there has been a substantial change in the proposal between the time of the first governmental action and the subsequent governmental action that is likely to have adverse environmental impacts beyond the range of impacts previously analyzed, or unless the action now being considered was identified in an earlier detailed statement or declaration of nonsignificance as being one which would require further environmental evaluation.

(((b) Any action to challenge a subsequent governmental action based upon any provisions of this chapter shall be commenced within thirty days from the date of last newspaper publication of the subsequent governmental action except (i) for projects to be performed by a governmental agency or to be performed under governmental contract, or (ii) for thermal power plant projects which shall be challenged within ninety days from the date of last newspaper publication of the subsequent governmental action, or be barred.

(3) The form for such notice of action shall be issued by the department of ecology and shall be made available by the governmental agency taking an action subject to being publicized pursuant to this section, by the county auditor, and/or the city clerk to the project applicant or proposer. The form of such notice shall be substantially as follows:

NOTICE OF ACTION BY

. . . . . . . . . . . . . . . .

(Government agency or entity)

Pursuant to the provisions of chapter 43.21C RCW, notice is hereby given that:

The . . . . . . . . . (Government agency or entity) did on . . . . . . (date), take the action described below.

Any action to set aside, enjoin, review, or otherwise challenge such action on the grounds of noncompliance with the provisions of chapter 43.21C RCW (State Environmental Policy Act) shall be commenced within . . . . days or be barred.

The action taken by . . . . . . . . . (Government agency or entity), notice of which is hereby given, was as follows:

(1) . . . . . . . . . (Here insert description of action taken such as: Adoption Ordinance No. . . . .; Issued Building Permit; Approved preliminary (or final) plat, etc.)

(2) . . . . . . . . . (Here insert brief description of the complete project or proposal.)

(3) Said action pertained to property commonly known as:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Sufficient description to locate property, but complete legal description not required)

(4) Pertinent documents may be examined during regular business hours at the office of: . . . . . . located at:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Location, including room number)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name of government agency, proponent, or applicant giving notice)

Filed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Signature of individual and capacity in which such individual is signing)))

NEW SECTION. Sec. 108. A new section is added to chapter 36.70A RCW to read as follows:

(1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.

(2) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas.

Sec. 109. RCW 36.70A.140 and 1990 1st ex.s. c 17 s 14 are each amended to read as follows:

Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. The public participation program and procedures shall apply to a response made by a county or city to a decision by a growth management hearings board under RCW 36.70A.300 that the comprehensive plan or development regulations were not in compliance with this chapter. Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.

Sec. 110. RCW 36.70A.300 and 1991 s.s. c 32 s 11 are each amended to read as follows:

(1) The board shall issue a final order within one hundred eighty days of receipt of the petition for review, or, when multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated. Such a final order shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to plans, development regulations, and amendments thereto, adopted under RCW 36.70A.040 or chapter 90.58 RCW. In the final order, the board shall either: (a) Find that the state agency, county, or city is in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs; or (b) find that the state agency, county, or city is not in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, in which case the board shall remand the matter to the affected state agency, county, or city and specify a reasonable time not in excess of one hundred eighty days within which the state agency, county, or city shall comply with the requirements of this chapter.

(2) A finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand, unless the board's final order also:

(a) Includes a determination, supported by findings of fact and conclusions of law, that the continued validity of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and

(b) Specifies the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.

(3) A determination of invalidity shall:

(a) Be prospective in effect and shall not extinguish rights that vested under state or local law before the date of the board's order; and

(b) Subject any development application that would otherwise vest after the date of the board's order to the development regulations in effect pursuant to subsection (2) or (4) of this section.

(4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (2) of this section whether the prior policies or regulations are valid during the period of remand.

(5) Any party aggrieved by a final decision of the hearings board may appeal the decision as provided in RCW 34.05.514 to ((Thurston county)) superior court within thirty days of the final order of the board.

Sec. 111. RCW 36.70A.330 and 1991 s.s. c 32 s 14 are each amended to read as follows:

(1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(1)(b) has expired, or at an earlier time upon the motion of a county or city subject to a determination of invalidity under RCW 36.70A.300, the board((, on its own motion or motion of the petitioner,)) shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.

(2) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the requirements of this chapter. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, city, or county. A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty-five days of the filing of the motion under subsection (1) of this section with the board.

(3) If the board finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed. The board shall also reconsider its final order and decide:

(a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW 36.70A.300(2); or

(b) If no determination of invalidity has been made, whether one now should be made under the standards in RCW 36.70A.300(2).

The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.

NEW SECTION. Sec. 112. A new section is added to chapter 36.70A RCW to read as follows:

A city planning under RCW 36.70A.040 that operates public facilities and services shall serve within its service area if service is technically feasible and in compliance with local regulations.

Such a city that provides water or sewer service outside of its corporate boundaries shall not require, as a condition of providing water or sewer service that the property owner who has requested the water or sewer service agree to: (1) Lot sizes different from those authorized by the county or city within whose planning jurisdiction the property is located; or (2) other development or design requirements that are not required by the county or city within whose planning jurisdiction the property is located.

NEW SECTION. Sec. 113. A new section is added to chapter 36.70A RCW to read as follows:

Nothing in this chapter shall preclude public sanitary sewer systems and public domestic water systems designed for and serving rural uses in areas included within the rural area designated under RCW 36.70A.070(5).

NEW SECTION. Sec. 114. A new section is added to chapter 36.70A RCW to read as follows:

Urban growth areas designated under RCW 36.70A.110 shall include transition areas that are designed to eventually have urban growth but which are temporarily zoned to lower densities and lower intensities of land use.

Sec. 115. RCW 36.70A.030 and 1994 c 307 s 2 and 1994 c 257 s 5 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

(3) "City" means any city or town, including a code city.

(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.

(6) "Department" means the department of community, trade, and economic development.

(7) For purposes of RCW 36.70A.065 and 36.70A.440, "development permit application" means any application for a development proposal for a use that could be permitted under a plan adopted pursuant to this chapter and is consistent with the underlying land use and zoning, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses or other applications pertaining to land uses, but shall not include rezones, proposed amendments to comprehensive plans or the adoption or amendment of development regulations.

(8) "Development regulations" means any controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances.

(9) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.

(10) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

(11) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

(12) "Minerals" include gravel, sand, and valuable metallic substances.

(13) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

(14) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

(15) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

(16) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

(17) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.

(18) "Wetland" or "wetlands" means areas ((that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the county or city)) defined as wetlands under section 401 of the clean water act, 33 U.S.C. Sec. 1344. Wetlands do not include inadvertent wetlands unintentionally created after July 1, 1990, as a result of development activity, including the construction of roads, streets, or highways.

Sec. 116. RCW 90.58.020 and 1992 c 105 s 1 are each amended to read as follows:

The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefor, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines.

It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto.

The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of state-wide significance. The department, in adopting guidelines for shorelines of state-wide significance, and local government, in developing master programs for shorelines of state-wide significance, shall give preference to uses in the following order of preference which:

(1) Recognize and protect the state-wide interest over local interest;

(2) Preserve the natural character of the shoreline;

(3) Result in long term over short term benefit;

(4) Protect the resources and ecology of the shoreline;

(5) Increase public access to publicly owned areas of the shorelines;

(6) Increase recreational opportunities for the public in the shoreline;

(7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.

In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and ((wetlands)) shorelands of the state shall be recognized by the department. Shorelines and ((wetlands)) shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and ((wetlands)) shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW.

Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water.

Sec. 117. RCW 90.58.030 and 1987 c 474 s 1 are each amended to read as follows:

As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:

(1) Administration:

(a) "Department" means the department of ecology;

(b) "Director" means the director of the department of ecology;

(c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter;

(d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated;

(e) "Hearing board" means the shoreline hearings board established by this chapter.

(2) Geographical:

(a) "Extreme low tide" means the lowest line on the land reached by a receding tide;

(b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water;

(c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of state-wide significance" within the state;

(d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated ((wetlands)) shorelands, together with the lands underlying them; except (i) shorelines of state-wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;

(e) "Shorelines of state-wide significance" means the following shorelines of the state:

(i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;

(ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:

(A) Nisqually Delta--from DeWolf Bight to Tatsolo Point,

(B) Birch Bay--from Point Whitehorn to Birch Point,

(D) Skagit Bay and adjacent area--from Brown Point to Yokeko Point, and

(E) Padilla Bay--from March Point to William Point;

(iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide;

(iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;

(v) Those natural rivers or segments thereof as follows:

(A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more,

(B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer;

(vi) Those ((wetlands)) shorelands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);

(f) "((Wetlands)) Shorelands" or "((wetland)) shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all ((marshes, bogs, swamps,)) wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology((: PROVIDED, That)). Any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom;

(g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state;

(h) "Wetlands" means areas defined as wetlands under section 401 of the clean water act, 33 U.S.C. Sec. 1344. Wetlands do not include inadvertent wetlands unintentionally created after July 1, 1990, as a result of development activity, including the construction of roads, streets, or highways.

(3) Procedural terms:

(a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;

(b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020;

(c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology;

(d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level;

(e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this chapter:

(i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

(ii) Construction of the normal protective bulkhead common to single family residences;

(iii) Emergency construction necessary to protect property from damage by the elements;

(iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on ((wetlands)) shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels((: PROVIDED, That)). A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the ((wetlands)) shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

(v) Construction or modification of navigational aids such as channel markers and anchor buoys;

(vi) Construction on ((wetlands)) shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter;

(vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences, the cost of which does not exceed two thousand five hundred dollars;

(viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;

(ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

(x) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system((;

(xi) Any action commenced prior to December 31, 1982, pertaining to (A) the restoration of interim transportation services as may be necessary as a consequence of the destruction of the Hood Canal bridge, including, but not limited to, improvements to highways, development of park and ride facilities, and development of ferry terminal facilities until a new or reconstructed Hood Canal bridge is open to traffic; and (B) the reconstruction of a permanent bridge at the site of the original Hood Canal bridge)).

Sec. 118. RCW 90.58.050 and 1971 ex.s. c 286 s 5 are each amended to read as follows:

This chapter establishes a cooperative program of shoreline management between local government and the state. Local government shall have the primary responsibility for initiating the planning required by this chapter and administering the regulatory program consistent with the policy and provisions of this chapter. The department shall act primarily in a supportive and review capacity with ((primary)) an emphasis on providing assistance to local government and on insuring compliance with the policy and provisions of this chapter.

Sec. 119. RCW 90.58.060 and 1971 ex.s. c 286 s 6 are each amended to read as follows:

(1) ((Within one hundred twenty days from June 1, 1971,)) The department shall ((submit to local governments proposed)) periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:

(a) Development of master programs for regulation of the uses of shorelines; and

(b) Development of master programs for regulation of the uses of shorelines of state-wide significance.

(2) Before adopting or amending guidelines under this section, the department shall provide an opportunity for public review and comment as follows:

(a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from ((receipt of such proposed guidelines, local governments shall submit to the department in writing proposed changes, if any, and comments upon the proposed guidelines.

(3) Thereafter and within one hundred twenty days from the submission of such proposed guidelines to local governments, the department, after review and consideration of the comments and suggestions submitted to it, shall resubmit final proposed guidelines.

(4) Within sixty days thereafter public hearings shall be held by)) the date the proposal has been published in the register.

(b) The department ((in Olympia and Spokane, at which interested public and private parties shall have the opportunity)) shall hold at least four public hearings on the proposal in different locations throughout the state to provide a reasonable opportunity for residents in all parts of the state to present statements and views on the proposed guidelines. Notice of ((such)) the hearings shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in each county of the state. If an amendment to the guidelines addresses an issue limited to one geographic area, the number and location of hearings may be adjusted consistent with the intent of this subsection to assure all parties a reasonable opportunity to comment on the proposed amendment. The department shall accept written comments on the proposal during the sixty-day public comment period and for seven days after the final public hearing.

(c) At the conclusion of the public comment period, the department shall review the comments received and modify the proposal consistent with the provisions of this chapter. The proposal shall then be published for adoption pursuant to the provisions of chapter 34.05 RCW.

(((5) Within ninety days following such public hearings, the department at a public hearing to be held in Olympia shall adopt guidelines.)) (3) The department may propose amendments to the guidelines not more than once each year. At least once every five years the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection (2) of this section.

Sec. 120. RCW 90.58.080 and 1974 ex.s. c 61 s 1 are each amended to read as follows:

Local governments ((are directed with regard to shorelines of the state within their various jurisdictions as follows:

(1) To complete within eighteen months after June 1, 1971, a comprehensive inventory of such shorelines. Such inventory shall include but not be limited to the general ownership patterns of the lands located therein in terms of public and private ownership, a survey of the general natural characteristics thereof, present uses conducted therein and initial projected uses thereof;

(2) To)) shall develop or amend, within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060, a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department.

Sec. 121. RCW 90.58.090 and 1971 ex.s. c 286 s 9 are each amended to read as follows:

(1) A master program((s or segments thereof)), segment of a master program, or an amendment to a master program shall become effective when ((adopted or)) approved by the department ((as appropriate)). Within the time period provided in RCW 90.58.080, each local government shall have submitted a master program, either totally or by segments, for all shorelines of the state within its jurisdiction to the department for review and approval.

(2) Upon receipt of a proposed master program or amendment, the department shall:

(a) Provide notice to and opportunity for written comment by all interested parties of record as a part of the local government review process for the proposal and to all persons, groups, and agencies that have requested in writing notice of proposed master programs or amendments generally or for a specific area, subject matter, or issue. The comment period shall be at least thirty days, unless the department determines that the level of complexity or controversy involved supports a shorter period;

(b) In the department's discretion, conduct a public hearing during the thirty-day comment period in the jurisdiction proposing the master program or amendment;

(c) Within fifteen days after the close of public comment, request the local government to review the issues identified by the public, interested parties, groups, and agencies and provide a written response as to how the proposal addresses the identified issues;

(d) Within thirty days after receipt of the local government response pursuant to (c) of this subsection, make written findings and conclusions regarding the consistency of the proposal with the policy of RCW 90.58.020 and the applicable guidelines, provide a response to the issues identified in (c) of this subsection, and either approve the proposal as submitted, recommend specific changes necessary to make the proposal approvable, or deny approval of the proposal in those instances where no alteration of the proposal appears likely to accomplish the purposes for which it was submitted and the requirements of this chapter. The written findings and conclusions shall be provided to the local government, all interested persons, parties, groups, and agencies of record on the proposal;

(e) If the department recommends changes to the proposed master program or amendment, within thirty days after the department mails the written findings and conclusions to the local government, the local government may:

(i) Agree to the proposed changes. The receipt by the department of the written notice of agreement constitutes final action by the department approving the amendment; or

(ii) Submit an alternative proposal. If, in the opinion of the department, the alternative is consistent with the purpose and intent of the changes originally submitted by the department and with this chapter it shall approve the changes and provide written notice to all recipients of the written findings and conclusions. If the department determines the proposal is not consistent with the purpose and intent of the changes proposed by the department, the department may resubmit the proposal for public and agency review pursuant to this section or reject the proposal.

(((1) As to those segments of the master program relating to shorelines, they shall be approved by))

(3) The department shall approve the segment of a master program relating to shorelines unless it determines that the submitted segments are not consistent with the policy of RCW 90.58.020 and the applicable guidelines. ((If approval is denied, the department shall state within ninety days from the date of submission in detail the precise facts upon which that decision is based, and shall submit to the local government suggested modifications to the program to make it consistent with said policy and guidelines. The local government shall have ninety days after it receives recommendations from the department to make modifications designed to eliminate the inconsistencies and to resubmit the program to the department for approval. Any resubmitted program shall take effect when and in such form and content as is approved by the department.

(2) As to)) (4) The department shall approve those segments of the master program relating to shorelines of state-wide significance ((the department shall have full authority following review and evaluation of the submission by local government to develop and adopt an alternative to the local government's proposal if in the department's opinion the program submitted does not)) only after determining the program provides the optimum implementation of the policy of this chapter to satisfy the state-wide interest. ((If the submission by local government is not approved, the department shall suggest modifications to the local government within ninety days from receipt of the submission. The local government shall have ninety days after it receives said modifications to consider the same and resubmit a master program to the department. Thereafter, the department shall adopt the resubmitted program or, if the department determines that said program does not provide for optimum implementation, it may develop and adopt an alternative as hereinbefore provided.)) If the department does not approve a segment of a local government master program relating to a shoreline of state-wide significance, the department may develop and by rule adopt an alternative to the local government̓s proposal.

(((3))) (5) In the event a local government has not complied with the requirements of RCW 90.58.070 it may thereafter upon written notice to the department elect to adopt a master program for the shorelines within its jurisdiction, in which event it shall comply with the provisions established by this chapter for the adoption of a master program for such shorelines.

Upon approval of such master program by the department it shall supersede such master program as may have been adopted by the department for such shorelines.

(6) A master program or amendment to a master program takes effect when and in such form as approved or adopted by the department. The department shall maintain a record of each master program, the action taken on any proposal for adoption or amendment of the master program, and any appeal of the department's action. The department's approved document of record constitutes the official master program.

Sec. 122. RCW 90.58.100 and 1992 c 105 s 2 are each amended to read as follows:

(1) The master programs provided for in this chapter, when adopted ((and)) or approved by the department((, as appropriate,)) shall constitute use regulations for the various shorelines of the state. In preparing the master programs, and any amendments thereto, the department and local governments shall to the extent feasible:

(a) Utilize a systematic interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts;

(b) Consult with and obtain the comments of any federal, state, regional, or local agency having any special expertise with respect to any environmental impact;

(c) Consider all plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by private individuals, or by organizations dealing with pertinent shorelines of the state;

(d) Conduct or support such further research, studies, surveys, and interviews as are deemed necessary;

(e) Utilize all available information regarding hydrology, geography, topography, ecology, economics, and other pertinent data;

(f) Employ, when feasible, all appropriate, modern scientific data processing and computer techniques to store, index, analyze, and manage the information gathered.

(2) The master programs shall include, when appropriate, the following:

(a) An economic development element for the location and design of industries, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state;

(b) A public access element making provision for public access to publicly owned areas;

(c) A recreational element for the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches, and recreational areas;

(d) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities, all correlated with the shoreline use element;

(e) A use element which considers the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land;

(f) A conservation element for the preservation of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection;

(g) An historic, cultural, scientific, and educational element for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values;

(h) An element that gives consideration to the state-wide interest in the prevention and minimization of flood damages; and

(i) Any other element deemed appropriate or necessary to effectuate the policy of this chapter.

(3) The master programs shall include such map or maps, descriptive text, diagrams and charts, or other descriptive material as are necessary to provide for ease of understanding.

(4) Master programs will reflect that state-owned shorelines of the state are particularly adapted to providing wilderness beaches, ecological study areas, and other recreational activities for the public and will give appropriate special consideration to same.

(5) Each master program shall contain provisions to allow for the varying of the application of use regulations of the program, including provisions for permits for conditional uses and variances, to insure that strict implementation of a program will not create unnecessary hardships or thwart the policy enumerated in RCW 90.58.020. Any such varying shall be allowed only if extraordinary circumstances are shown and the public interest suffers no substantial detrimental effect. The concept of this subsection shall be incorporated in the rules adopted by the department relating to the establishment of a permit system as provided in RCW 90.58.140(3).

(6) Each master program shall contain standards governing the protection of single family residences and appurtenant structures against damage or loss due to shoreline erosion. The standards shall govern the issuance of substantial development permits for shoreline protection, including structural methods such as construction of bulkheads, and nonstructural methods of protection. The standards shall provide for methods which achieve effective and timely protection against loss or damage to single family residences and appurtenant structures due to shoreline erosion. The standards shall provide a preference for permit issuance for measures to protect single family residences occupied prior to January 1, 1992, where the proposed measure is designed to minimize harm to the shoreline natural environment.

Sec. 123. RCW 90.58.120 and 1989 c 175 s 182 are each amended to read as follows:

All rules, regulations, ((master programs,)) designations, and guidelines, issued by the department, and master programs and amendments adopted by the department pursuant to RCW 90.58.070(2) or 90.58.090(4) shall be adopted or approved in accordance with the provisions of RCW 34.05.310 through 34.05.395 insofar as such provisions are not inconsistent with the provisions of this chapter. In addition:

(1) Prior to the ((approval or)) adoption by the department of a master program, or portion thereof pursuant to RCW 90.58.070(2) or 90.58.090(4), at least one public hearing shall be held in each county affected by a program or portion thereof for the purpose of obtaining the views and comments of the public. Notice of each such hearing shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in the county in which the hearing is to be held.

(2) All guidelines, regulations, designations, or master programs adopted or approved under this chapter shall be available for public inspection at the office of the department or the appropriate county ((auditor)) and city ((clerk)). The terms "adopt" and "approve" for purposes of this section, shall include modifications and rescission of guidelines.

Sec. 124. RCW 90.58.140 and 1992 c 105 s 3 are each amended to read as follows:

(1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program.

(2) A substantial development shall not be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative jurisdiction under this chapter.

A permit shall be granted:

(a) From June 1, 1971, until such time as an applicable master program has become effective, only when the development proposed is consistent with: (i) The policy of RCW 90.58.020; and (ii) after their adoption, the guidelines and rules of the department; and (iii) so far as can be ascertained, the master program being developed for the area;

(b) After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applicable master program and ((the provisions of)) this chapter ((90.58 RCW)).

(3) The local government shall establish a program, consistent with rules adopted by the department, for the administration and enforcement of the permit system provided in this section. The administration of the system so established shall be performed exclusively by the local government.

(4) Except as otherwise specifically provided in subsection (((13))) (11) of this section, the local government shall require notification of the public of all applications for permits governed by any permit system established pursuant to subsection (3) of this section by ensuring that((:

(a) A notice of such an application is published at least once a week on the same day of the week for two consecutive weeks in a legal newspaper of general circulation within the area in which the development is proposed; and

(b) Additional)) notice of ((such an)) the application is given by at least one of the following methods:

(((i))) (a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed;

(((ii))) (b) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or

(((iii))) (c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public.

The notices shall include a statement that any person desiring to submit written comments concerning an application, or desiring to receive ((a copy)) notification of the final ((order)) decision concerning an application as expeditiously as possible after the issuance of the ((order)) decision, may submit the comments or requests for ((orders)) decisions to the local government within thirty days of the last date the notice is to be published pursuant to ((subsection (a) of)) this subsection. The local government shall forward, in a timely manner following the issuance of ((an order)) a decision, a copy of the ((order)) decision to each person who submits a request for the ((order)) decision.

If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral or written comments on an application at the hearing.

(5) The system shall include provisions to assure that construction pursuant to a permit will not begin or be authorized until ((thirty)) twenty-one days from the date the ((final order)) permit decision was filed as provided in subsection (6) of this section; or until all review proceedings are terminated if the proceedings were initiated within ((thirty)) twenty-one days from the date of filing as defined in subsection (6) of this section except as follows:

(a) In the case of any permit issued to the state of Washington, department of transportation, for the construction and modification of SR 90 (I-90) on or adjacent to Lake Washington, the construction may begin after thirty days from the date of filing, and the permits are valid until December 31, 1995;

(b) Construction may be commenced thirty days after the date the appeal of the board's decision is filed if a permit is granted by the local government and (i) the granting of the permit is appealed to the shorelines hearings board within ((thirty)) twenty-one days of the date of filing, (ii) the hearings board approves the granting of the permit by the local government or approves a portion of the substantial development for which the local government issued the permit, and (iii) an appeal for judicial review of the hearings board decision is filed pursuant to chapter 34.05 RCW((, the permittee)). The appellant may request, within ten days of the filing of the appeal with the court, a hearing before the court to determine whether construction ((may begin)) pursuant to the permit approved by the hearings board or to a revised permit issued pursuant to the order of the hearings board should not commence. If, at the conclusion of the hearing, the court finds that construction pursuant to such a permit would ((not)) involve a significant, irreversible damaging of the environment, the court ((may allow)) shall prohibit the permittee ((to begin)) from commencing the construction pursuant to the approved or revised permit ((as the court deems appropriate. The court may require the permittee to post bonds, in the name of the local government that issued the permit, sufficient to remove the substantial development or to restore the environment if the permit is ultimately disapproved by the courts, or to alter the substantial development if the alteration is ultimately ordered by the courts)) until all review proceedings are final. Construction pursuant to a permit revised at the direction of the hearings board may begin only on that portion of the substantial development for which the local government had originally issued the permit, and construction pursuant to such a revised permit on other portions of the substantial development may not begin until after all review proceedings are terminated. In such a hearing before the court, the burden of proving whether the construction may involve significant irreversible damage to the environment and demonstrating whether such construction would or would not be appropriate is on the appellant;

(c) ((If a permit is granted by the local government and the granting of the permit is appealed directly to the superior court for judicial review pursuant to the proviso in RCW 90.58.180(1), the permittee may request the court to remand the appeal to the shorelines hearings board, in which case the appeal shall be so remanded and construction pursuant to such a permit shall be governed by the provisions of subsection (b) of this subsection or may otherwise begin after review proceedings before the hearings board are terminated if judicial review is not thereafter requested pursuant to chapter 34.05 RCW;

(d))) If the permit is for a substantial development meeting the requirements of subsection (((13))) (11) of this section, construction pursuant to that permit may not begin or be authorized until ((thirty)) twenty-one days from the date the ((final order)) permit decision was filed as provided in subsection (6) of this section.

If a permittee begins construction pursuant to subsections (a), (b), or (c)((, or (d))) of this subsection, the construction is begun at the permittee's own risk. If, as a result of judicial review, the courts order the removal of any portion of the construction or the restoration of any portion of the environment involved or require the alteration of any portion of a substantial development constructed pursuant to a permit, the permittee is barred from recovering damages or costs involved in adhering to such requirements from the local government that granted the permit, the hearings board, or any appellant or intervener.

(6) Any ((ruling)) decision on an application for a permit under the authority of this section, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the department and the attorney general. With regard to a permit other than a permit governed by subsection (((12))) (10) of this section, "date of filing" as used herein means the date of actual receipt by the department. With regard to a permit for a variance or a conditional use, "date of filing" means the date a decision of the department rendered on the permit pursuant to subsection (((12))) (10) of this section is transmitted by the department to the local government. The department shall notify in writing the local government and the applicant of the date of filing.

(7) Applicants for permits under this section have the burden of proving that a proposed substantial development is consistent with the criteria that must be met before a permit is granted. In any review of the granting or denial of an application for a permit as provided in RCW 90.58.180 (1) and (2), the person requesting the review has the burden of proof.

(8) Any permit may, after a hearing with adequate notice to the permittee and the public, be rescinded by the issuing authority upon the finding that a permittee has not complied with conditions of a permit. If the department is of the opinion that noncompliance exists, the department shall provide written notice to the local government and the permittee. If the department is of the opinion that the noncompliance continues to exist thirty days after the date of the notice, and the local government has taken no action to rescind the permit, the department may petition the hearings board for a rescission of the permit upon written notice of the petition to the local government and the permittee if the request by the department is made to the hearings board within fifteen days of the termination of the thirty-day notice to the local government.

(9) The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be required to obtain a permit under this section.

(10) ((A permit shall not be required for any development on shorelines of the state included within a preliminary or final plat approved by the applicable state agency or local government before April 1, 1971, if:

(a) The final plat was approved after April 13, 1961, or the preliminary plat was approved after April 30, 1969; and

(b) The development is completed within two years after June 1, 1971.

(11) The applicable state agency or local government is authorized to approve a final plat with respect to shorelines of the state included within a preliminary plat approved after April 30, 1969, and before April 1, 1971: PROVIDED, That any substantial development within the platted shorelines of the state is authorized by a permit granted pursuant to this section, or does not require a permit as provided in subsection (10) of this section, or does not require a permit because of substantial development occurred before June 1, 1971.

(12))) Any permit for a variance or a conditional use by local government under approved master programs must be submitted to the department for its approval or disapproval.

(((13))) (11)(a) An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures:

(i) The public comment period under subsection (4) of this section shall be twenty days. The notice provided under subsection (4) of this section shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance;

(ii) The local government shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in (i) of this subsection; and

(iii) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days.

(b) For purposes of this section, a limited utility extension means the extension of a utility service that:

(i) Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer;

(ii) Will serve an existing use in compliance with this chapter; and

(iii) Will not extend more than twenty-five hundred linear feet within the shorelines of the state.

Sec. 125. RCW 90.58.180 and 1994 c 253 s 3 are each amended to read as follows:

(1) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may seek review from the shorelines hearings board by filing a ((request for the same)) petition for review within ((thirty)) twenty-one days of the date of filing as defined in RCW 90.58.140(6).

((Concurrently with)) Within seven days of the filing of any ((request)) petition for review with the board as provided in this section pertaining to a final ((order)) decision of a local government, the ((requestor)) petitioner shall ((file a copy)) serve copies of ((his or her request with)) the petition on the department and the office of the attorney general. ((If it appears to the department or the attorney general that the requestor has valid reasons to seek review, either the department or the attorney general may certify the request within thirty days after its receipt to the shorelines hearings board following which the board shall then, but not otherwise, review the matter covered by the requestor. The failure to obtain such certification shall not preclude the requestor from obtaining a review in the superior court under any right to review otherwise available to the requestor.)) The department and the attorney general may intervene to protect the public interest and insure that the provisions of this chapter are complied with at any time within fifteen days from the date of the receipt by the department or the attorney general of a copy of the ((request)) petition for review filed pursuant to this section. The shorelines hearings board shall ((initially)) schedule review proceedings on ((such requests)) the petition for review without regard as to whether ((such requests have or have not been certified or as to whether)) the period for the department or the attorney general to intervene has or has not expired((, unless such review is to begin within thirty days of such scheduling. If at the end of the thirty day period for certification neither the department nor the attorney general has certified a request for review, the hearings board shall remove the request from its review schedule)).

(2) The department or the attorney general may obtain review of any final ((order)) decision granting a permit, or granting or denying an application for a permit issued by a local government by filing a written ((request)) petition with the shorelines hearings board and the appropriate local government within ((thirty)) twenty-one days from the date the final ((order)) decision was filed as provided in RCW 90.58.140(6).

(3) The review proceedings authorized in subsections (1) and (2) of this section are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings. Judicial review of such proceedings of the shorelines hearings board is governed by chapter 34.05 RCW. The board shall issue its decision on the appeal authorized under subsections (1) and (2) of this section within one hundred eighty days after the date the petition is filed with the board or a petition to intervene is filed by the department or the attorney general, whichever is later. The time period may be waived by the parties or may be extended by the board for a period of thirty days upon a showing of good cause.

(4) ((A local government may appeal to the shorelines hearings board)) Any person may appeal any rules, regulations, or guidelines adopted or approved by the department within thirty days of the date of the adoption or approval. The board shall make a final decision within sixty days following the hearing held thereon.

((If the board)) (5) The board shall find the rule, regulation, or guideline to be valid and enter a final decision to that effect unless it determines that the rule, regulation, or guideline:

(a) Is clearly erroneous in light of the policy of this chapter; or

(b) Constitutes an implementation of this chapter in violation of constitutional or statutory provisions; or

(d) Was developed without fully considering and evaluating all material submitted to the department ((by the local government)) during public review and comment; or

(e) Was not adopted in accordance with required procedures((;)).

(6) If the board makes a determination under subsection (5) (a) through (e) of this section, it shall enter a final decision declaring the rule, regulation, or guideline invalid, remanding the rule, regulation, or guideline to the department with a statement of the reasons in support of the determination, and directing the department to adopt, after a thorough consultation with the affected local government and any other interested party, a new rule, regulation, or guideline consistent with the board's decision. ((Unless the board makes one or more of the determinations as hereinbefore provided, the board shall find the rule, regulation, or guideline to be valid and enter a final decision to that effect.

(5) Rules, regulations, and guidelines)) (7) A decision of the board on the validity of a rule, regulation, or guideline shall be subject to review in superior court, if authorized pursuant to ((RCW 34.05.570(2). No review shall be granted by a superior court on petition from a local government unless the local government shall first have obtained review under subsection (4) of this section and the petition for court review is)) chapter 34.05 RCW. A petition for review of the decision of the shorelines hearings board on a rule, regulation, or guideline shall be filed within ((three months)) thirty days after the date of final decision by the shorelines hearings board.

Sec. 126. RCW 90.58.190 and 1989 c 175 s 184 are each amended to read as follows:

(1) ((The department and each local government shall periodically review any master programs under its jurisdiction and make such adjustments thereto as are necessary. Any adjustments proposed by a local government to its master program shall be forwarded to the department for review. The department shall approve, reject, or propose modification to the adjustment. If the department either rejects or proposes modification to the master program adjustment, it shall provide substantive written comments as to why the proposal is being rejected or modified.)) The appeal of the department̓s decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(4) is governed by RCW 34.05.510 through 34.05.598.

(2)(a) The department's decision to approve, reject, or modify a proposed master program or amendment adopted by a local government planning under RCW 36.70A.040 shall be appealed to the growth management hearings board with jurisdiction over the local government. The appeal shall be initiated by filing a petition as provided in RCW 36.70A.250 through 36.70A.320.

(b) If the appeal to the growth management hearings board concerns shorelines, the growth management hearings board shall review the proposed master program or amendment for compliance with the requirements of this chapter and chapter 36.70A RCW, the policy of RCW 90.58.020 and the applicable guidelines, and chapter 43.21C RCW as it relates to the adoption of master programs and amendments under chapter 90.58 RCW.

(c) If the appeal to the growth management hearings board concerns a shoreline of state-wide significance, the board shall uphold the decision by the department unless the board, by clear and convincing evidence, determines that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.

(d) The appellant has the burden of proof in all appeals to the growth management hearings board under this subsection.

(e) Any party aggrieved by a final decision of a growth management hearings board under this subsection may appeal the decision to superior court as provided in RCW 36.70A.300.

(3)(a) Except as provided in subsection (2) of this section, any local government not planning under RCW 36.70A.040 that is aggrieved by the department's decision to approve, reject, or modify ((a)) its proposed master program or master program ((adjustment)) amendment may appeal the department's decision by filing a petition to the shorelines hearings board within thirty days of the date of the department̓s written notice to the local government of the department̓s decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2).

(b) In an appeal relating to shorelines, the shorelines hearings board shall review the proposed master program or master program ((adjustment)) amendment and, after full consideration of the presentations of the local government and the department, shall determine the validity of the local government's ((adjustment)) master program or amendment in light of the policy of RCW 90.58.020 and the applicable guidelines.

(c) In an appeal relating to shorelines of state-wide significance, the shorelines hearings board shall uphold the decision by the department unless ((a local government shall)) the board determines, by clear and convincing evidence ((and argument, persuade the board)) that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.

(d) Review by the shorelines hearings board shall be considered an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act. The aggrieved local government shall have the burden of proof in all such reviews.

(e) Whenever possible, the review by the shorelines hearings board shall be heard within the county where the land subject to the proposed master program or master program ((adjustment)) amendment is primarily located. The department and any local government aggrieved by a final decision of the hearings board may appeal the decision to ((the)) superior court ((of Thurston county)) as provided in chapter 34.05 RCW.

(((3))) (4) A master program amendment shall become effective after the approval of the department or after the decision of the shorelines hearings board to uphold the master program or master program ((adjustment)) amendment, provided that the board may remand the master program or master program adjustment to the local government or the department for modification prior to the final adoption of the master program or master program ((adjustment)) amendment.

Sec. 127. RCW 34.05.461 and 1989 c 175 s 19 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section:

(a) If the presiding officer is the agency head or one or more members of the agency head, the presiding officer may enter an initial order if further review is available within the agency, or a final order if further review is not available;

(b) If the presiding officer is a person designated by the agency to make the final decision and enter the final order, the presiding officer shall enter a final order; and

(c) If the presiding officer is one or more administrative law judges, the presiding officer shall enter an initial order.

(2) With respect to agencies exempt from chapter 34.12 RCW or an institution of higher education, the presiding officer shall transmit a full and complete record of the proceedings, including such comments upon demeanor of witnesses as the presiding officer deems relevant, to each agency official who is to enter a final or initial order after considering the record and evidence so transmitted.

(3) Initial and final orders shall include a statement of findings and conclusions, and the reasons and basis therefor, on all the material issues of fact, law, or discretion presented on the record, including the remedy or sanction and, if applicable, the action taken on a petition for a stay of effectiveness. Any findings based substantially on credibility of evidence or demeanor of witnesses shall be so identified. Findings set forth in language that is essentially a repetition or paraphrase of the relevant provision of law shall be accompanied by a concise and explicit statement of the underlying evidence of record to support the findings. The order shall also include a statement of the available procedures and time limits for seeking reconsideration or other administrative relief. An initial order shall include a statement of any circumstances under which the initial order, without further notice, may become a final order.

(4) Findings of fact shall be based exclusively on the evidence of record in the adjudicative proceeding and on matters officially noticed in that proceeding. Findings shall be based on the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. Findings may be based on such evidence even if it would be inadmissible in a civil trial. However, the presiding officer shall not base a finding exclusively on such inadmissible evidence unless the presiding officer determines that doing so would not unduly abridge the parties' opportunities to confront witnesses and rebut evidence. The basis for this determination shall appear in the order.

(5) Where it bears on the issues presented, the agency's experience, technical competency, and specialized knowledge may be used in the evaluation of evidence.

(6) If a person serving or designated to serve as presiding officer becomes unavailable for any reason before entry of the order, a substitute presiding officer shall be appointed as provided in RCW 34.05.425. The substitute presiding officer shall use any existing record and may conduct any further proceedings appropriate in the interests of justice.

(7) The presiding officer may allow the parties a designated time after conclusion of the hearing for the submission of memos, briefs, or proposed findings.

(8)(a) Except as otherwise provided in (b) of this subsection, initial or final orders shall be served in writing within ninety days after conclusion of the hearing or after submission of memos, briefs, or proposed findings in accordance with subsection (7) of this section unless this period is waived or extended for good cause shown.

(b) This subsection does not apply to the final order of the shorelines hearings board on appeal under RCW 90.58.180(3).

(9) The presiding officer shall cause copies of the order to be served on each party and the agency.

Sec. 128. RCW 34.05.514 and 1994 c 257 s 23 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section ((and RCW 36.70A.300(3))), proceedings for review under this chapter shall be instituted by filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.

(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.

NEW SECTION. Sec. 129. A new section is added to chapter 36.70A RCW to read as follows:

For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020. The comprehensive plan of a county or city planning under RCW 36.70A.040 must also include a separate shorelines element consisting of the goals, policies, and use guidelines segments of the shoreline master program adopted under chapter 90.58 RCW. All other portions of the shoreline master program, including regulations, shall be considered part of the county's or city's development regulations.

The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the procedures set forth in this chapter for the adoption of a comprehensive plan and development regulations, including approval by the department of ecology, except that an appeal from the actions by the department of ecology are appealable to the appropriate growth management hearings board rather than the shorelines hearings board.

Sec. 130. RCW 36.70A.130 and 1990 1st ex.s. c 17 s 13 are each amended to read as follows:

(1) Each comprehensive land use plan and development regulations shall be subject to continuing evaluation and review by the county or city that adopted them.

Any amendment or revision to a comprehensive land use plan shall conform to this chapter, and any change to development regulations shall be consistent with and implement the comprehensive plan.

(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year except under the following circumstances:

(i) The initial adoption of a subarea plan; and

(ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW.

(b) All proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation, a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with the growth management hearings board or with the court.

(3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.

Sec. 131. RCW 36.70A.290 and 1994 c 257 s 2 and 1994 c 249 s 26 are each reenacted and amended to read as follows:

(1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.

(2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city.

(a) Except as provided in (c) of this subsection, the date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published.

(b) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

Except as provided in (c) of this subsection, for purposes of this section the date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

(c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government̓s shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.

(3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.

(4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.

(5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.

Sec. 132. RCW 36.70A.320 and 1991 s.s. c 32 s 13 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption. In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it finds by a preponderance of the evidence that the state agency, county, or city erroneously interpreted or applied this chapter.

(2) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.

Sec. 133. RCW 82.02.090 and 1990 1st ex.s. c 17 s 48 are each amended to read as follows:

Unless the context clearly requires otherwise, the following definitions shall apply ((in RCW 82.02.050 through 82.02.090)) throughout this chapter:

(1) "Development" means any proposed change in use of land for which review of environmental impacts is required under chapter 43.21C RCW, any proposed construction or expansion of a building, structure, or use, or any proposed change in use of a building or structure.

(2) "Development activity" means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that creates additional demand and need for public facilities.

(((2))) (3) "Development approval" means any written authorization from a county, city, or town which authorizes the commencement of development activity.

(((3))) (4) "Environmental analysis" means review under chapter 43.21C RCW of environmental impacts of an action required or authorized by chapter 36.70A RCW.

(5) "Environmental analysis fees" means a payment of money imposed on development as a condition of development approval to pay for environmental analysis needed to establish the system capacity projected to accommodate implementation of a comprehensive plan adopted under chapter 36.70A RCW.

(6) "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development, and that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the public facilities, and that is used for facilities that reasonably benefit the new development. "Impact fee" does not include a reasonable permit or application fee.

(((4))) (7) "Owner" means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded.

(((5))) (8) "Proportionate share" means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development.

(((6))) (9) "Project improvements" mean site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan approved by the governing body of the county, city, or town shall be considered a project improvement.

(((7))) (10) "Public facilities" means the following capital facilities owned or operated by government entities: (a) Public streets and roads; (b) publicly owned parks, open space, and recreation facilities; (c) school facilities; and (d) fire protection facilities in jurisdictions that are not part of a fire district.

(((8))) (11) "Service area" means a geographic area defined by a county, city, town, or intergovernmental agreement in which a defined set of public facilities provide service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles.

(((9))) (12) "System capacity" means the capacity of a county, city, or town to accommodate new development determined by the limiting capacities of specific natural or built systems identified in the comprehensive plan adopted pursuant to RCW 36.70A.040.

(13) "System improvements" mean public facilities that are included in the capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements.

NEW SECTION. Sec. 134. A new section is added to chapter 82.02 RCW to read as follows:

Except only as expressly provided in RCW 67.28.180 and 67.28.190 and in chapter 82.14 RCW, the state preempts the field of imposing taxes upon retail sales of tangible personal property, the use of tangible personal property, parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision has the right to impose taxes of that nature.

Sec. 135. RCW 82.02.020 and 1990 1st ex.s. c 17 s 42 are each amended to read as follows:

((Except only as expressly provided in RCW 67.28.180 and 67.28.190 and the provisions of chapter 82.14 RCW, the state preempts the field of imposing taxes upon retail sales of tangible personal property, the use of tangible personal property, parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision shall have the right to impose taxes of that nature.)) (1) Except as provided in ((RCW 82.02.050 through 82.02.090)) this chapter, ((no)) a county, city, town, or other municipal corporation shall not impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land. However, this section does not preclude dedications of land or easements within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply.

(2) This section does not prohibit voluntary agreements with ((counties, cities, towns)) a county, city, town, or other municipal corporation((s)) that allows a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. A local government shall not use such voluntary agreements for local off-site transportation improvements within the geographic boundaries of the area or areas covered by an adopted transportation program authorized by chapter 39.92 RCW. Any such voluntary agreement is subject to the following provisions:

(((1))) (a) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified, direct impact;

(((2))) (b) The payment shall be expended in all cases within five years of collection; and

(((3))) (c) Any payment not so expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest.

((No)) (3) A county, city, town, or other municipal corporation shall not require any payment as part of such a voluntary agreement which the county, city, town, or other municipal corporation cannot establish is reasonably necessary as a direct result of the proposed development or plat.

(4)(a) Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW.

(b) This section does not limit the existing authority of any county, city, town, or other municipal corporation to impose special assessments on property specifically benefitted thereby in the manner prescribed by law.

(c) Nothing in this section prohibits counties, cities, or towns from imposing or permits counties, cities, or towns to impose water, sewer, natural gas, drainage utility, and drainage system charges((: PROVIDED, That)). No such charge ((shall)) may exceed the proportionate share of such utility or system's capital costs which the county, city, or town can demonstrate are attributable to the property being charged((: PROVIDED FURTHER, That)). These provisions shall not be interpreted to expand or contract any existing authority of counties, cities, or towns to impose such charges.

(d) Nothing in this section prohibits a transportation benefit district from imposing fees or charges authorized in RCW 36.73.120 nor prohibits the legislative authority of a county, city, or town from approving the imposition of such fees within a transportation benefit district.

(e) Nothing in this section prohibits counties, cities, or towns from imposing transportation impact fees authorized pursuant to chapter 39.92 RCW.

(f) Nothing in this section prohibits counties, cities, or towns from requiring property owners to provide relocation assistance to tenants under RCW 59.18.440 and 59.18.450.

(5) This section does not apply to special purpose districts formed and acting pursuant to Titles 54, 56, 57, or 87 RCW, nor is the authority conferred by these titles affected.

NEW SECTION. Sec. 136. (1) The legislature finds that:

(a) As of the effective date of this section, twenty-nine counties and two hundred eight cities are conducting comprehensive planning under the growth management act, chapter 36.70A RCW, which together comprise over ninety percent of the state's population;

(b) Comprehensive plans for many of the jurisdictions were due by July 1, 1994, and the remaining jurisdictions must complete plans under due dates ranging from October 1994 to September 1997;

(c) Concurrently with these comprehensive planning activities, local governments must conduct several other planning requirements under the growth management act, such as the adoption of capital facilities plans, urban growth areas, and development regulations;

(d) Local governments must also comply with the state environmental policy act, chapter 43.21C RCW, in the development of comprehensive plans;

(e) The combined activities of comprehensive planning and the state environmental policy act present a serious fiscal burden upon counties, cities, and towns;

(f) This fiscal burden will be experienced over a relatively short period of time, whereas the benefits of growth management and environmental protection achieved through the comprehensive plans will accrue to each area over a much longer period in the future; and

(g) The revenues from fees assessed at the time of county, city, or town government approval of projects that are consistent with the comprehensive plan may provide the basis for these local governments to issue both general obligations and revenue obligations in order to provide the early funding necessary to carry out their comprehensive planning and accompanying environmental analysis responsibilities.

(2) Therefore it is the intent of the legislature by enacting this chapter to authorize counties, cities, and towns planning under RCW 36.70A.040 to assess environmental analysis fees at the time of project review, issue both general indebtedness and revenue indebtedness payable from the environmental analysis fees, and assist in financing the enhanced environmental review of comprehensive plans, subarea plans, and development regulations.

NEW SECTION. Sec. 137. (1) A county, city, or town planning under RCW 36.70A.040 may impose environmental analysis fees on development to partially finance the enhanced environmental analysis of its comprehensive plan, subarea plans, and development regulations, as provided in section 103 of this act.

(2) Environmental analysis fees may not be assessed or collected on development that is categorically exempt from a threshold determination under chapter 43.21C RCW.

(3) Environmental analysis fees shall be proportionate to the amount of system capacity or capacities projected to be consumed by the new development.

(4) Environmental analysis fees shall be collected and spent only for the costs of environmental analysis upon which the system capacity forecast in a comprehensive plan adopted pursuant to RCW 36.70A.070 or subarea plan is based.

(5) Environmental analysis fees shall not be used to recover more than seventy-five percent of the costs previously incurred by a county, city, or town for environmental analysis required to establish the system capacity forecast in a comprehensive plan or subarea plan.

NEW SECTION. Sec. 138. A county, city, or town in its ordinance establishing environmental analysis fees shall:

(1) Include a schedule of environmental analysis fees based upon a formula or other method of calculating such fees. The formula or calculation shall incorporate at least the following:

(a) The amount of system capacity to be used by the new development;

(b) The total cost of environmental analysis required to establish the system capacity forecast in the comprehensive plan; and

(c) The amount of the total cost of environmental analysis allocated to each capacity element used to determine the amount of the fee;

(2) Allow the county, city, or town to adjust the standard fee at the time the fee is imposed to consider unusual circumstances in specific cases to ensure that environmental analysis fees are imposed fairly;

(3) Not assess or collect environmental analysis fees to recover costs of environmental analysis that have already been fully recovered through environmental impact fees or through other sources.

NEW SECTION. Sec. 139. A county, city, or town planning under RCW 36.70A.040 may issue general obligations and revenue obligations payable from environmental analysis fees to assist in financing the enhanced environmental review of comprehensive plans, subarea plans, and development regulations that is in sufficient detail to allow the environmental impact statement to be used in whole or in part by an applicant for a development within the geographic area covered by the plan or regulations that receives the enhanced environmental review. The comprehensive plan, subarea plan, or development regulations must include mechanisms to monitor the usefulness of the enhanced environmental review by applicants for development permits authorizing development consistent with the plan and regulations.

The obligations issued to finance the enhanced environmental review may not have a maturity in excess of ten years. The obligations shall be issued as provided in chapter 39.46 RCW.

At least twenty-five percent of the funding for the enhanced environmental review must come from sources other than the environmental analysis fees.

NEW SECTION. Sec. 140. A new section is added to chapter 36.70A RCW to read as follows:

The growth management planning and environmental review loan fund is hereby established in the state treasury. Moneys may be placed in the fund from the proceeds of bond sales, tax revenues, budget transfers, federal appropriations, gifts, or any other lawful source. Moneys in the fund may be spent only after appropriation. Moneys in the fund shall be used to make low-interest loans to counties and cities for the purposes set forth in section 103 of this act or RCW 43.21C.031. Loans from the fund shall be made by loan agreement under chapter 39.69 RCW.

NEW SECTION. Sec. 141. A new section is added to chapter 36.70A RCW to read as follows:

(1) The department of community, trade, and economic development shall provide management services for the fund created by section 140 of this act. The department by rule shall establish procedures for fund management.

(2) A county or city applicant must be making substantial progress towards compliance with the requirements of chapter 36.70A RCW in order to qualify for financial assistance from the fund established pursuant to section 140 of this act. A county or city that is more than six months out of compliance with a requirement of this chapter is deemed not to be making substantial progress towards compliance.

(3) The department by loan agreement may permit a deferred payment on the principal repayment of any loan for a period not to exceed two years. Interest shall continue to accrue during this period.

NEW SECTION. Sec. 142. Capitalization of the growth management planning and environmental review loan fund shall be made by:

(1) A transfer of four million dollars from the public works assistance account; and

(2) A transfer of two million dollars from the transportation fund.

NEW SECTION. Sec. 143. A new section is added to chapter 35.22 RCW to read as follows:

A first class city may directly contract with the owner of real estate that is proposed to be developed, or with the developer of the real estate, without following competitive bidding procedures under RCW 35.22.620 to construct or improve transportation improvements, sanitary sewer facilities, storm sewer facilities, and water facilities, that will in whole or in part serve or be used by the proposed development.

NEW SECTION. Sec. 144. A new section is added to chapter 35.23 RCW to read as follows:

A second class city or town may directly contract with the owner of real estate that is proposed to be developed, or with the developer of the real estate, without following competitive bidding procedures under RCW 35.23.352 to construct or improve transportation improvements, sanitary sewer facilities, storm sewer facilities, and water facilities, that will in whole or in part serve or be used by the proposed development.

NEW SECTION. Sec. 145. A new section is added to chapter 35.43 RCW to read as follows:

A city, town, or public corporation may directly contract with the owner of real estate that is proposed to be developed, or with the developer of the real estate, within a local improvement district or utility local improvement district, without following competitive bidding procedures under RCW 35.43.190 to construct or improve transportation improvements, sanitary sewer facilities, storm sewer facilities, and water facilities, that are proposed to be financed by special assessments imposed within the improvement district that will in whole or in part serve or be used by the proposed development.

Sec. 146. RCW 35A.40.210 and 1989 c 11 s 8 are each amended to read as follows:

Procedures for any public work or improvement contracts or purchases for code cities shall be governed by the following statutes, as indicated:

(1) For code cities of twenty thousand population or over, RCW 35.22.620 and section 143 of this act; and

(2) For code cities under twenty thousand population((;)), RCW 35.23.352 and section 144 of this act.

NEW SECTION. Sec. 147. A new section is added to chapter 36.32 RCW to read as follows:

A county may directly contract with the owner of real estate that is proposed to be developed, or with the developer of the real estate, without following competitive bidding procedures under RCW 36.32.250 to construct or improve sanitary sewer facilities, storm sewer facilities, and water facilities, that will in whole or in part serve or be used by the proposed development, including facilities that are financed by special assessments imposed within a local improvement district or utility local improvement district created under chapter 36.94 RCW.

NEW SECTION. Sec. 148. A new section is added to chapter 36.77 RCW to read as follows:

A county may directly contract with the owner of real estate that is proposed to be developed, or with the developer of the real estate, without following competitive bidding procedures under this chapter to construct or improve transportation improvements that will in whole or in part serve or be used by the proposed development, including facilities that are financed by special assessments imposed within a road improvement district created under chapter 36.88 RCW.

NEW SECTION. Sec. 149. A new section is added to chapter 56.08 RCW to read as follows:

A sewer district may directly contract with the owner of real estate that is proposed to be developed, or with the developer of the real estate, without following competitive bidding procedures under RCW 56.08.070 to construct or improve sanitary sewer facilities or storm sewer facilities, that will in whole or in part serve or be used by the proposed development, including facilities that are financed by special assessments imposed within a local improvement district or utility local improvement district created under chapter 56.20 RCW.

NEW SECTION. Sec. 150. A new section is added to chapter 57.08 RCW to read as follows:

A water district may directly contract with the owner of real estate that is proposed to be developed, or with the developer of the real estate, without following competitive bidding procedures under RCW 57.08.050 to construct or improve water facilities that will in whole or in part serve or be used by the proposed development, including facilities that are financed by special assessments imposed within a local improvement district or utility local improvement district created under chapter 57.16 RCW.

NEW SECTION. Sec. 151. A new section is added to chapter 35.63 RCW to read as follows:

A city or county planning under this chapter must allow cellular antenna facilities to be sited in any zone within its planning jurisdiction, but may establish conditions and requirements on the siting of such facilities and require the issuance of a conditional use permit or special use permit before a cellular antenna facility is authorized.

NEW SECTION. Sec. 152. A new section is added to chapter 35A.63 RCW to read as follows:

A code city must allow cellular antenna facilities to be sited in any zone within its planning jurisdiction, but may establish conditions and requirements on the siting of such facilities and require the issuance of a conditional use permit or special use permit before a cellular antenna facility is authorized.

NEW SECTION. Sec. 153. A new section is added to chapter 36.70 RCW to read as follows:

A county planning under this chapter must allow cellular antenna facilities to be sited in any zone within its planning jurisdiction, but may establish conditions and requirements on the siting of such facilities and require the issuance of a conditional use permit or special use permit before a cellular antenna facility is authorized.

NEW SECTION. Sec. 154. A new section is added to chapter 36.70A RCW to read as follows:

A county or city planning under RCW 36.70A.040 must allow cellular antenna facilities to be sited in any zone within its planning jurisdiction, but may establish conditions and requirements on the siting of such facilities and require the issuance of a conditional use permit or special use permit before a cellular antenna facility is authorized.

NEW SECTION. Sec. 155. A new section is added to chapter 43.21C RCW to read as follows:

An authorization of cellular antenna facilities shall be categorically exempt from a threshold decision under the rules adopted by the department for categorical exemptions.

NEW SECTION. Sec. 156. Sections 136 through 139 of this act shall constitute a new chapter in Title 36 RCW.

NEW SECTION. Sec. 157. RCW 82.02.020, 82.02.050, 82.02.060, 82.02.070, 82.02.080, 82.02.090, and 82.02.100 are each recodified as sections within a new chapter created in Title 36 RCW.

NEW SECTION. Sec. 158. RCW 90.58.145 and 1979 ex.s. c 84 s 4 are each repealed.

PART II - PERMITTING

NEW SECTION. Sec. 201. The legislature finds and declares the following:

(1) As the number of environmental laws and development regulations has increased for land uses and development, so has the number of required local land use permits, each with its own separate approval process.

(2) The increasing number of local and state land use permits and separate environmental review processes required by agencies has generated continuing potential for conflict, overlap, and duplication between the various permit and review processes.

(3) This regulatory burden has significantly added to the cost and time needed to obtain local and state land use permits and has made it difficult for the public to know how and when to provide timely comments on land use proposals that require multiple permits and have separate environmental review processes.

NEW SECTION. Sec. 202. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Closed record appeal" means an appeal to a local government body or officer, including the legislative body, following an open record hearing and a decision by the body or officer on a development permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

(2) "Development permit" or "development permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, and other land use applications, but does not include proposed amendments to comprehensive plans or the adoption or amendment of development regulations.

(3) "Development regulations" means the controls placed on development or land use activities by a local government, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments, but does not include decisions to approve a development permit application, even though such decisions may be expressed in a resolution or ordinance of the legislative body of the local government.

(4) "Local government" means a county, city, or town.

(5) "Open record hearing" means a hearing conducted by a hearing body or officer of the local government that creates a record through testimony and submission of evidence and information, whether the hearing is open to members of the general public for purposes of hearing public comments prior to a decision on a development permit application or is limited to those filing an appeal of a staff decision.

NEW SECTION. Sec. 203. Not later than December 31, 1996, each local government that does not plan under RCW 36.70A.040 shall provide by ordinance or resolution for review of development permit applications to achieve the following objectives:

(1) Combine the environmental review process, both procedural and substantive, with the procedure for review of development permits;

(2) Except as provided in RCW 43.21C.075(3), provide for no more than one open record hearing and one closed record appeal; and

(3) Eliminate any appeal period for judicial appeals that conflicts with the uniform twenty-one day appeal period provided in section 305 of this act.

NEW SECTION. Sec. 204. Not later than December 31, 1996, each local government planning under RCW 36.70A.040 shall establish by ordinance or resolution an integrated and consolidated development permit process that includes the following required elements:

(1) A notice of completion to the applicant as required by RCW 36.70A.440 (as recodified by this act);

(2) A notice of application to the public and agencies with jurisdiction as required by section 208 of this act;

(3) With the exception of a determination of significance, which shall be issued in advance of the agency decision or recommendation on the project action as provided in chapter 43.21C RCW, a single report by the decision maker that combines the local government's threshold determination, if required under chapter 43.21C RCW, with the agency's decision or recommendation on all development permits included in the consolidated permit review and also includes any mitigation required pursuant to the development regulations or the agency's authority under RCW 43.21C.060;

(4) Except as provided in section 211 of this act, the consolidation into a single review process of all development permits requested by an applicant for part or all of a project action, including no more than one consolidated open record hearing before a single hearing body or officer;

(5) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, if a local government elects to provide an appeal of its threshold determinations or development permit decisions, the local government shall provide for no more than one consolidated open record hearing before a single hearing body or officer. The local government need not provide for any further appeal. If a closed record appeal is provided, the appeal shall be on the record before a single decision-making body or officer;

(6) A notice of decision as required by section 210 of this act and issued within the time period provided in RCW 36.70A.065 (as recodified by this act) and section 207 of this act; and

(7) Any other provisions not inconsistent with the requirements of this chapter or chapter 43.21C RCW.

Sec. 205. RCW 36.70A.440 and 1994 c 257 s 4 are each amended to read as follows:

((Each city and county)) (1) Within twenty-eight days after receiving a development permit application, a local government planning pursuant to RCW 36.70A.040 shall((, within twenty working days of receiving a development permit application as defined in RCW 36.70A.030(7),)) mail or provide in person a written ((notice)) determination to the applicant, stating either:

(a) That the application is complete; or

(b) That the application is incomplete and what is necessary to make the application complete.

(2)(a) An application shall be deemed complete under this section if the local government does not provide a written determination to the applicant that the application is incomplete as provided in subsection (1)(b) of this section.

(b) Within ten days after an applicant has submitted to a local government additional information identified by the local government as being necessary for a complete application, the local government shall notify the applicant whether the information submitted adequately responds to the notice given under (a) of this subsection and thereby makes the application complete or what additional information is necessary.

(3) To the extent known by the ((city or county)) local government, the ((notice)) local government shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.

Sec. 206. RCW 36.70A.065 and 1994 c 257 s 3 are each amended to read as follows:

Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods consistent with section 207 of this act for local government actions on specific development permit applications and provide timely and predictable procedures to determine whether a completed development permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed development permit application necessary for the application of such time periods and procedures.

NEW SECTION. Sec. 207. (1) Except as otherwise provided in subsection (2) of this section, a local government planning under RCW 36.70A.040 shall issue its notice of final decision within one hundred twenty days after the local government notifies the applicant for a project that the application is complete or is deemed complete, as provided in RCW 36.70A.440 (as recodified by this act). In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete, the following periods shall be excluded:

(a) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to chapter 43.21C RCW, if the local government by ordinance or resolution has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement; and

(b) A period, not to exceed sixty days, to consider and decide closed record appeals, unless the parties voluntarily agree to extend the period.

(2) The time limits established by subsection (1) of this section do not apply if a development permit:

(a) Requires an amendment to the comprehensive plan or a development regulation;

(b) Involves a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or

(c) Involves substantial revisions to the project proposal at the applicant's request, in which case the time period shall start from the date at which the revised project application is determined to be complete under RCW 36.70A.440 (as recodified by this act).

(3) If the local government has failed to issue its notice of final decision within one hundred twenty days after the local government notifies the applicant for a project that the application is complete or is deemed complete, as provided in RCW 36.70A.440 (as recodified by this act), but not including time excluded under subsections (1) and (2) of this section the application shall be deemed approved, in the absence of extraordinary circumstances.

(4) After an application is complete as provided in RCW 36.70A.440 (as recodified by this act), the local government may not require the applicant to submit additional information. The local government may, in the course of processing the application, request the applicant to clarify, explain, or correct information the applicant has submitted.

(5) Failure of an applicant to submit adequate information required pursuant to RCW 36.70A.440 (as recodified by this act) may constitute grounds for disapproving the application.

(6) The notice of completeness may include the following as optional information:

(a) A preliminary determination of those development regulations that will be used for project mitigation;

(b) A preliminary determination of consistency, as provided under section 101 of this act; or

(7) A local government may require the applicant for a development permit to designate a single person or entity to receive notice required by this section.

NEW SECTION. Sec. 208. (1) Not later than December 31, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application to the public and the departments and agencies with jurisdiction as provided in this section.

(2) The notice of application shall include the following:

(a) The date of application;

(b) The proposed project action and the development permits included in the application and, if applicable, any studies requested under RCW 36.70A.440 (as recodified by this act) or section 207 of this act;

(c) The identification of other development or related permits not included in the application to the extent known by the local government;

(d) A public comment period of not less than fourteen nor more than twenty-eight days following the date of notice of application, and statements of the right of any person to request a copy of the decision once made and any appeal rights;

(e) The date for open record hearing, if applicable and scheduled at the date of notice of the application;

(f) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in section 101 of this act; and

(g) Any other information determined appropriate by the local government, including the optional information required in section 207(5) of this act.

(3) If an open record hearing is required for the requested development permits, the notice of application shall be provided at least fourteen days prior to the open record hearing.

(4) A local government shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction and may use its existing notice procedures. A local government may use different types of notice for different categories of development permits or types or project actions. Examples of reasonable methods to inform the public are:

(a) Posting the property for site-specific proposals;

(b) Publishing notice in the newspaper of general circulation in the local government or general area where the proposal is located;

(c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

(d) Notifying the news media;

(e) Placing notices in appropriate regional or neighborhood newspapers or trade journals;

(f) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and

(g) Mailing to neighboring property owners.

(5) A notice of application shall not be required for development permits that are categorically exempt under chapter 43.21C RCW, unless an open record hearing is required.

(6) The local government may not issue its threshold determination or issue a decision or recommendation on a development permit until expiration of the public comment period. Comments shall be as specific as possible. If an agency with jurisdiction or a member of the public does not respond with written comments within the public comment period, the local government shall assume that such agency or person has no objection to the proposed development permit if the procedures of this section have been met.

NEW SECTION. Sec. 209. (1) Each local government planning under RCW 36.70A.040 shall establish a permit review process that provides for the integrated and consolidated review and decision on two or more development permits relating to a proposed project action, including a single application review and approval process covering all development permits requested by an applicant for all or part of a project action and a designated permit coordinator. If an applicant elects the consolidated permit review process, the notice of completion, notice of application, and notice of final decision must include all development permits being reviewed through the consolidated permit review process.

(2) Consolidated permit review may provide different procedures for different categories of development permits, but if a project action requires development permits from more than one category, the local government shall provide for consolidated permit review with a single open record hearing and no more than one closed record appeal. Each local government shall determine which development permits are subject to an open record hearing and a closed record appeal. Examples of categories of development permits include but are not limited to:

(a) Categorically exempt proposals, such as variances, lot boundary adjustments, and certain construction permits, which require no environmental review or public notice;

(b) Administrative permits that require environmental review, but no open record hearing except on appeal;

(d) Permits that require environmental review and a decision by the local government legislative body.

(3) A local government is not required to provide for appeals. If provided, an appeal must be filed within fourteen days after notice of the decision being appealed. The applicant for a development permit is deemed to be a participant in any comment period, open record hearing, and closed record appeal.

(4) A local government may provide by ordinance or resolution for the same or a different decision maker or hearing body or officer for different categories of development permits. In the case of consolidated development permit review, the local government shall specify which decision makers shall make the decision or recommendation, conduct the hearing, or decide the appeal to ensure that consolidated permit review occurs as provided in this section. The consolidated permit review may combine an open record public hearing with an open record appeal hearing. In such cases, the local government by ordinance or resolution shall specify which development permits, if any, shall be subject to a closed record appeal.

(5) Each local government planning under RCW 36.70A.040 shall adopt procedures for administrative interpretation of its development regulations.

NEW SECTION. Sec. 210. A local government planning under RCW 36.70A.040 shall provide a notice of decision, which may be a copy of the report, recommendation, or decision, to the applicant and to any person requesting notice of the decision prior to the rendering of the decision. The local government may publish or otherwise provide for additional notice of its decision.

NEW SECTION. Sec. 211. A local government by ordinance or resolution may exclude the following development permits from the provisions of RCW 36.70A.440 (as recodified by this act), 36.70A.065 (as recodified by this act), sections 204, and 207 through 210 of this act:

(1) Variances, lot line or boundary adjustments, short subdivision approval, building and other construction permits categorically exempt from environmental review under chapter 43.21C RCW or similar administrative approvals; and

(2) Landmark designations, street vacations, or other approvals relating to the use of public areas or facilities, or other development permits that the local government by ordinance or resolution has determined present special circumstances that warrant a review process different from that provided in RCW 36.70A.440 (as recodified by this act), 36.70A.065 (as recodified by this act), sections 204, and 207 through 210 of this act.

NEW SECTION. Sec. 212. A local government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of sections 204 and 207 through 210 of this act and RCW 36.70A.065 and 36.70A.440 (as recodified by this act) into its procedures for review of development permits or other project actions.

NEW SECTION. Sec. 213. (1) Each local government is encouraged to adopt further project review provisions to provide prompt, coordinated review and ensure accountability to applicants and the public, including expedited review for development permits for projects that are consistent with adopted development regulations and within the capacity of system-wide infrastructure improvements.

(2) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring by rule, ordinance, or resolution a preapplication conference or meeting, design review, or hearing on some or all proposed projects to obtain public comments on scoping or a draft environmental impact statement pursuant to chapter 43.21C RCW and its applicable rules.

(3) Each local government is encouraged to develop a system of professional certification whereby qualified engineers or other professionals certify an application's compliance with adopted development regulations for the purpose of expediting or eliminating certain aspects of agency review of compliance with those regulations.

(4) Each local government shall adopt procedures to monitor and enforce permit decisions and conditions.

(5) Nothing in this chapter modifies any independent statutory authority for a government agency to appeal a development permit issued by a local government.

NEW SECTION. Sec. 214. A new section is added to chapter 64.40 RCW to read as follows:

A local government is not liable for damages under this chapter due to the local government̓s failure to make a final decision within the time limits established in section 207 of this act.

Sec. 215. RCW 58.17.090 and 1981 c 293 s 5 are each amended to read as follows:

(1) Upon receipt of an application for preliminary plat approval the administrative officer charged by ordinance with responsibility for administration of regulations pertaining to platting and subdivisions shall provide public notice and set a date for a public hearing. Except as provided in section 208 of this act, at a minimum, notice of the hearing shall be given in the following manner:

(((1))) (a) Notice shall be published not less than ten days prior to the hearing in a newspaper of general circulation within the county and a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located; and

(((2))) (b) Special notice of the hearing shall be given to adjacent landowners by any other reasonable method local authorities deem necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection (1)(b) shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.

(2) All hearings shall be public. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description.

Sec. 216. RCW 58.17.092 and 1988 c 168 s 12 are each amended to read as follows:

Any notice made under chapter 58.17 or 36.--- (sections 101, 201 through 204, and 207 through 213 of this act) RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means.

Sec. 217. RCW 58.17.100 and 1981 c 293 s 6 are each amended to read as follows:

If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions.

Such recommendation shall be submitted to the legislative body not later than fourteen days following action by the hearing body. Upon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set the date for the public meeting where it shall consider the recommendations of the hearing body and may adopt or reject the recommendations of such hearing body based on the record established at the public hearing. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recommendation approving or disapproving any preliminary plat is necessary, ((the change of the recommendation shall not be made until)) the legislative body shall ((conduct a public hearing and thereupon)) adopt its own recommendations and approve or disapprove the preliminary plat. ((Such public hearing may be held before a committee constituting a majority of the legislative body. If the hearing is before a committee, the committee shall report its recommendations on the matter to the legislative body for final action.))

Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

A record of all public meetings and public hearings shall be kept by the appropriate city, town or county authority and shall be open to public inspection.

Sole authority to approve final plats, and to adopt or amend platting ordinances shall reside in the legislative bodies.

Sec. 218. RCW 58.17.330 and 1994 c 257 s 6 are each amended to read as follows:

(1) As an alternative to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval, the county or city legislative body may adopt a hearing examiner system and shall specify by ordinance the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) The legal effect of such decisions shall include one of the following:

(a) The decision may be given the effect of a recommendation to the legislative body;

(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or

The legislative authority shall prescribe procedures to be followed by a hearing examiner.

(2) ((The legislative body shall specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or may be given the effect of a final decision of the legislative body.

(3))) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Each final decision of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.

NEW SECTION. Sec. 219. The legislature finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. Further, the lack of public facilities and services is a serious impediment to development of new housing and commercial uses. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. It is the intent of the legislature by sections 220 through 224 of this act to allow local governments and owners and developers of real property to enter into development agreements.

NEW SECTION. Sec. 220. A new section is added to chapter 36.70A RCW to read as follows:

(1) A county or city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.

(2) Sections 219 through 222 of this act do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on the effective date of sections 219 through 222 of this act, or adopted under separate authority, that includes some or all of the development standards provided in subsection (3) of this section.

(3) For the purposes of this section, "development standards" includes, but is not limited to:

(a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

(b) The amount and payment of impact fees imposed or agreed to in accordance with chapter 36.-- RCW (the new chapter created in section 157 of this act) or any other applicable provisions of state law, other financial contributions by the property owner, inspection fees, or dedications;

(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

(e) Affordable housing;

(f) Parks and open space preservation;

(g) Phasing;

(h) Review procedures and standards for implementing decisions;

(i) A build-out or vesting period for applicable standards; and

(j) Any other appropriate development requirement or procedure.

(4) The execution of a development agreement is a proper exercise of county and city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

NEW SECTION. Sec. 221. A new section is added to chapter 36.70A RCW to read as follows:

Unless amended or terminated, a development agreement is enforceable during its term by a party. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement.

NEW SECTION. Sec. 222. A new section is added to chapter 36.70A RCW to read as follows:

A development agreement may be recorded with the real property records of the county in which the property is located. During the term of the development agreement, the agreement is binding on and will inure to the benefit of the parties and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement.

NEW SECTION. Sec. 223. A new section is added to chapter 36.70A RCW to read as follows:

A county or city shall only approve a development agreement by ordinance or resolution after a public hearing. The county or city legislative body or a planning commission, hearing examiner, or other body designated by the legislative body to conduct the public hearing may conduct the hearing. If the development agreement relates to a development permit application, the provisions of chapter 36.-- RCW (sections 301 through 312 of this act) shall apply to the appeal of the decision on the development agreement.

NEW SECTION. Sec. 224. Nothing in sections 219 through 223 of this act is intended to authorize local governments to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as authorized in RCW 82.02.020 (as recodified by this act) and as otherwise expressly authorized by other applicable provisions of state law.

Sec. 225. RCW 35.63.130 and 1994 c 257 s 8 are each amended to read as follows:

(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city or county may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:

(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for or pertaining to development of land or land use((s which the legislative body believes should be reviewed and decided by a hearing examiner));

(b) Appeals of administrative decisions or determinations; and

The legislative body shall prescribe procedures to be followed by the hearing examiner.

(2) Each city or county legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) The legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:

(a) The decision may be given the effect of a recommendation to the legislative body;

(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body((.

(2) The legislative body may specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or)); or

(c) The decision may be given the effect of a final decision of the legislative body, except that applications for rezones may not be given the effect of a final decision of a legislative body.

(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's or county's comprehensive plan and the city's or county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.

Sec. 226. RCW 35A.63.170 and 1994 c 257 s 7 are each amended to read as follows:

(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:

(b) Appeals of administrative decisions or determinations; and

The legislative body shall prescribe procedures to be followed by a hearing examiner. If the legislative authority vests in a hearing examiner the authority to hear and decide variances, then the provisions of RCW 35A.63.110 shall not apply to the city.

(2) Each city legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) The legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:

(a) The decision may be given the effect of a recommendation to the legislative body;

(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body((.

(2) The legislative body shall specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or)); or

(c) The decision may be given the effect of a final decision of the legislative body, except that applications for a rezone may not be given the effect of a final decision of a legislative body.

(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's comprehensive plan and the city's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.

Sec. 227. RCW 36.70.970 and 1994 c 257 s 9 are each amended to read as follows:

(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and issue recommendations on applications for plat approval and applications for amendments to the zoning ordinance, the county legislative authority may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and issue decisions on proposals for plat approval and for amendments to the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative authority may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:

(a) Applications for conditional uses ((applications)), variances ((applications)), ((applications for)) shoreline permits, or any other class of applications for or pertaining to development of land or land use((s));

(b) Appeals of administrative decisions or determinations; and

The legislative authority shall prescribe procedures to be followed by a hearing examiner.

Any county which vests in a hearing examiner the authority to hear and decide conditional uses and variances shall not be required to have a zoning adjuster or board of adjustment.

(2) Each county legislative authority electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) Such legal effect may vary for the different classes of applications decided by the examiner but shall include one of the following:

(a) The decision may be given the effect of a recommendation to the legislative authority;

(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative authority((.

(2) The legislative authority may specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or)); or

(c) The decision may be given the effect of a final decision of the legislative authority, except that applications for rezones may not be given the effect of a final decision of a legislative authority.

(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the county's comprehensive plan and the county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.

NEW SECTION. Sec. 228. The legislature hereby finds and declares:

(1) Washington's environmental protection programs have established strict standards to reduce pollution and protect the public health and safety and the environment. The single-purpose programs instituted to achieve these standards have been successful in many respects, and have produced significant gains in protecting Washington's environment in the face of substantial population growth.

(2) Continued progress to achieve the environmental standards in the face of continued population growth will require greater coordination between the single-purpose environmental programs and more efficient operation of these programs overall. Pollution must be prevented and controlled and not simply transferred to another media or another place. This goal can only be achieved by maintaining the current environmental protection standards and by greater integration of the existing programs.

(3) As the number of environmental laws and regulations have grown in Washington, so have the number of permits required of business and government. This regulatory burden has significantly added to the cost and time needed to obtain essential permits in Washington. The increasing number of individual permits and permit authorities has generated the continuing potential for conflict, overlap, and duplication between the various state, local, and federal permits.

(4) To ensure that local needs and environmental conditions receive the proper attention, the issuance and renewal of permits should continue to be made, to the extent feasible, at the regional and local levels of the environmental programs.

(5) The purpose of this chapter is to require the department of ecology to institute new, efficient procedures that will assist businesses and public agencies in complying with the environmental quality laws in an expedited fashion, without reducing protection of public health and safety and the environment.

(6) Those procedures need to provide a permit process that promotes effective dialogue and ensures ease in the transfer and clarification of technical information, while preventing duplication. It is necessary that the procedures establish a process for preliminary and ongoing meetings between the applicant, the consolidated permit agency, and the participating permit agencies, but do not preclude the applicant or participating permit agencies from individually coordinating with each other.

(7) It is necessary, to the maximum extent practicable, that the procedures established in this chapter ensure that the consolidated permit agency process and applicable permit requirements and criteria are integrated and run concurrently, rather than consecutively.

(8) It is necessary to provide a reliable and consolidated source of information concerning the environmental and land use laws and procedures that apply to any given proposal. This information is to be current and encompass all state and local jurisdictions. To the extent possible, it is to encompass federal jurisdictions and functions, as well.

(9) The process shall provide an optional process by which a project proponent may obtain active coordination of all applicable regulatory and land-use permitting procedures. This process is not to replace individual laws, or diminish the substantive decision-making role of individual jurisdictions. Rather it is to provide predictability, administrative consolidation, and, where possible, consolidation of appeal processes.

(10) The process shall provide consolidated, effective, and easier opportunities for members of the public to receive information and present their views about proposed projects.

NEW SECTION. Sec. 229. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Center" means the permit assistance center established in the department by section 230 of this act.

(2) "Consolidated permit agency" means the permit agency that has the greatest overall jurisdiction over a project.

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

(4) "Participating permit agency" means a permit agency, other than the consolidated permit agency, that is responsible for the issuance of a permit for a project.

(5) "Permit" means any license, certificate, registration, permit, or other form of authorization required by a permit agency to engage in a particular activity.

(6) "Permit agency" means:

(a) The department of ecology, an air pollution control authority, the department of natural resources, the department of fish and wildlife, and the department of health; and

(b) Any other state or federal agency, county, city, or town for the project that participates at the request of the permit applicant and upon the agency's agreement to be subject to this chapter.

(7) "Project" means an activity, the conduct of which requires a permit from two or more permit agencies.

NEW SECTION. Sec. 230. The permit assistance center is established within the department. The center shall:

(1) Publish and keep current one or more handbooks containing lists and explanations of all permit laws. The center shall coordinate with the business assistance center in providing and maintaining this information to applicants and others. To the extent possible, the handbook shall include relevant federal laws. A state agency or local government shall provide a reasonable number of copies of application forms, statutes, ordinances, rules, handbooks, and other informational material requested by the center and shall otherwise fully cooperate with the center. The center shall seek the cooperation of relevant federal agencies;

(2) Establish, and make known, a point of contact for distribution of the handbook and advice to the public as to its interpretation in any given case;

(3) Work closely and cooperatively with the business license center and the business assistance center in providing efficient and nonduplicative service to the public; and

(4) Provide a permit coordination training program designed to:

(a) Educate project facilitators as to the role and requirements of all jurisdictions;

(b) Share permit coordination experiences;

(d) Certify project facilitators.

NEW SECTION. Sec. 231. (1) Not later than January 1, 1996, the center shall establish by rule an administrative process for the designation of a consolidated permit agency for a project.

(2) The administrative process shall consist of the establishment of guidelines for designating the consolidated permit agency for a project. If a permit agency is the lead agency for purposes of chapter 43.21C RCW, that permit agency shall be the consolidated permit agency. In other cases, the guidelines shall require that at least the following factors be considered in determining which permit agency has the greatest overall jurisdiction over the project:

(a) The types of facilities or activities that make up the project;

(b) The types of public health and safety and environmental concerns that should be considered in issuing permits for the project;

(c) The environmental medium that may be affected by the project, the extent of those potential effects, and the environmental protection measures that may be taken to prevent the occurrence of, or to mitigate, those potential effects;

(d) The regulatory activity that is of greatest importance in preventing or mitigating the effects that the project may have on public health and safety or the environment; and

(e) The statutory and regulatory requirements that apply to the project and the complexity of those requirements.

NEW SECTION. Sec. 232. Upon the request of a project applicant, the center shall appoint a project facilitator to assist the applicant in determining which regulatory requirements, processes, and permits may be required for development and operation of the proposed project. The project facilitator shall provide the information to the applicant and explain the options available to the applicant in obtaining the required permits. If the applicant requests, the center shall designate a coordinating permit agency as provided in section 233 of this act.

NEW SECTION. Sec. 233. (1) A permit applicant who requests the designation of a consolidated permit agency shall provide the center with a description of the project, a preliminary list of the permits that the project may require, the identity of any public agency that has been designated the lead agency for the project pursuant to chapter 43.21C RCW, and the identity of the participating permit agencies. The center may request any information from the permit applicant that is necessary to make the designation under this section, and may convene a scoping meeting of the likely consolidated permit agency and participating permit agencies in order to make that designation.

(2) The consolidated permit agency shall serve as the main point of contact for the permit applicant with regard to the processing of the consolidated permit process for the project and shall manage the procedural aspects of that processing consistent with existing laws governing the consolidated permit agency and participating permit agencies, and with the procedures agreed to by those agencies in accordance with section 234 of this act. In carrying out these responsibilities, the consolidated permit agency shall ensure that the permit applicant has all the information needed to apply for all the component permits that are incorporated in the consolidated permit process for the project, coordinate the review of those permits by the respective participating permit agencies, ensure that timely permit decisions are made by the participating permit agencies, and assist in resolving any conflict or inconsistency among the permit requirements and conditions that are to be imposed by the participating permit agencies with regard to the project. The coordinating permit agency shall keep in contact with the applicant as well as other permit agencies in order to assure that the process is progressing as scheduled. The coordinating permit agency shall recommend appropriate alternatives that may be more efficient and identify potential problems to successful completion of the process.

(3) This chapter shall not be construed to limit or abridge the powers and duties granted to a participating permit agency under the law that authorizes or requires the agency to issue a permit for a project. Each participating permit agency shall retain its authority to make all decisions on all nonprocedural matters with regard to the respective component permit that is within its scope of its responsibility, including, but not limited to, the determination of permit application completeness, permit approval or approval with conditions, or permit denial. The consolidated permit agency may not substitute its judgment for that of a participating permit agency on any such nonprocedural matters.

NEW SECTION. Sec. 234. (1) Within twenty-one days of the date that the consolidated permit agency is designated, it shall convene a meeting with the permit applicant for the project and the participating permit agencies. The meeting agenda shall include at least all of the following matters:

(a) A determination of the permits that are required for the project;

(b) A review of the permit application forms and other application requirements of the agencies that are participating in the consolidated permit process;

(c)(i) A determination of the timelines that will be used by the consolidated permit agency and each participating permit agency to make permit decisions, including the time periods required to determine if the permit applications are complete, to review the application or applications, and to process the component permits, and the timelines that will be used by the consolidated permit agency to aggregate the component permits into, and to issue the consolidated permit process. In the development of this time line, full attention shall be given to achieving the maximum efficiencies possible through concurrent studies, consolidated applications, hearings, and comment periods. Except as provided in (c)(ii) of this subsection, the timelines established under this subsection, with the assent of the consolidated permit agency and each participating permit agency, shall commit the consolidated permit agency and each participating permit agency to act on the component permit within time periods that are different than those required by other applicable provisions of law.

(ii) An accelerated time period for the consideration of a permit application may not be set if that accelerated time period would be inconsistent with, or in conflict with, any time period or series of time periods set by statute for that consideration, or with any statute, rule, or regulation, or adopted state policy, standard, or guideline that requires any of the following:

(A) Other agencies, interested persons, federally recognized Indian tribes, or the public to be given adequate notice of the application;

(B) Other agencies to be given a role in, or be allowed to participate in, the decision to approve or disapprove the application; or

(C) Interested persons or the public to be provided the opportunity to challenge, comment on, or otherwise voice their concerns regarding the application;

(d) The scheduling of any public hearings that are required to issue permits for the project and a determination of the feasibility of coordinating or consolidating any of those required public hearings; and

(e) A discussion of fee arrangements for the consolidated permit process, including an estimate of the costs allowed under section 237 of this act and the billing schedule.

(2) Each agency shall send at least one representative qualified to make decisions concerning the applicability and timelines associated with all permits administered by that jurisdiction. At the request of the applicant, the consolidated permit agency shall notify any relevant federal agency of the date of the meeting and invite that agency's participation in the process.

(3) If a permit agency or the applicant foresees, at any time, that it will be unable to meet its obligations under the agreement, it shall notify the consolidated permit agency of the problem. The coordinating permit agency shall notify the permit agencies and the applicant and, upon agreement of all parties, adjust the schedule, or, if necessary, schedule another work plan meeting.

(4) The consolidated permit agency may request any information from the applicant that is necessary to comply with its obligations under this section, consistent with the timelines set pursuant to this section.

(5) A summary of the decisions made under this section shall be made available for public review upon the filing of the consolidated permit process application or permit applications.

NEW SECTION. Sec. 235. (1) The permit applicant may withdraw from the consolidated permit process by submitting to the consolidated permit agency a written request that the process be terminated. Upon receipt of the request, the consolidated permit agency shall notify the center and each participating permit agency that a consolidated permit process is no longer applicable to the project.

(2) The permit applicant may submit a written request to the consolidated permit agency that the permit applicant wishes a participating permit agency to withdraw from participation on the basis of a reasonable belief that the issuance of the consolidated permit process would be accelerated if the participating permit agency withdraws. In that event, the participating permit agency shall withdraw from participation if the consolidated permit agency approves the request.

NEW SECTION. Sec. 236. The consolidated permit agency shall ensure that the participating permit agencies make all the permit decisions that are necessary for the incorporation of the permits into the consolidated permit process and act on the component permits within the time periods established pursuant to section 234 of this act.

NEW SECTION. Sec. 237. (1) The consolidated permit agency may enter into a written agreement with the applicant to recover from the applicant the reasonable costs incurred by the consolidated permit agency in carrying out the requirements of this chapter.

(2) The consolidated permit agency may recover only the costs of performing those consolidated permit services and shall be negotiated with the permit applicant in the meeting required pursuant to section 234 of this act. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.

NEW SECTION. Sec. 238. A petition by the permit applicant for review of an agency action in issuing, denying, or amending a permit, or any portion of a consolidated permit agency permit, shall be submitted by the permit applicant to the consolidated permit agency or the participating permit agency having jurisdiction over that permit and shall be processed in accordance with the procedures of that permit agency. Within thirty days of receiving the petition, the consolidated permit agency shall notify the other environmental agencies participating in the original consolidated permit process.

NEW SECTION. Sec. 239. If an applicant petitions for a significant amendment or modification to a consolidated permit process application or any of its component permit applications, the consolidated permit agency shall reconvene a meeting of the participating permit agencies, conducted in accordance with section 234 of this act.

NEW SECTION. Sec. 240. If an applicant fails to provide information required for the processing of the component permit applications for a consolidated permit process or for the designation of a consolidated permit agency, the time requirements of this chapter shall be tolled until such time as the information is provided.

NEW SECTION. Sec. 241. (1) The center, by rule, shall establish an expedited appeals process by which a petitioner or applicant may appeal any failure by a permit agency to take timely action on the issuance or denial of a permit in accordance with the time limits established under this chapter.

(2) If the center finds that the time limits under appeal have been violated without good cause, it shall establish a date certain by which the permit agency shall act on the permit application with adequate provision for the requirements of section 234(1)(c)(ii) (A) through (C) of this act, and provide for the full reimbursement of any filing or permit processing fees paid by the applicant to the permit agency for the permit application under appeal.

NEW SECTION. Sec. 242. By December 1, 1997, the center shall submit a report to the appropriate committees of both houses of the legislature detailing the following information:

(1) The number of instances in which a consolidated permit agency has been requested and used, and the disposition of those cases;

(2) The amount of time elapsed between an initial request by a permit applicant for a consolidated permit process and the ultimate approval or disapproval of the permits included in the process;

(3) The number of instances in which the expedited appeals process was requested, and the disposition of those cases; and

(4) Potential conflicts and perceived inconsistencies among existing statutes.

NEW SECTION. Sec. 243. The sum of seventy thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund; the sum of ninety thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the state toxics account; the sum of one hundred sixty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the water quality permit fee account; and the sum of fifty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the air operating permit fee account to the department of ecology for the purposes of sections 228 through 242 of this act.

NEW SECTION. Sec. 244. A new section is added to chapter 43.131 RCW to read as follows:

The permit assistance center and its powers and duties shall be terminated June 30, 1999, as provided in section 245 of this act.

NEW SECTION. Sec. 245. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2000:

(1) RCW 90.--.--- and 1995 c -- s 228 (section 228 of this act);

(2) RCW 90.--.--- and 1995 c -- s 229 (section 229 of this act);

(3) RCW 90.--.--- and 1995 c -- s 230 (section 230 of this act);

(4) RCW 90.--.--- and 1995 c -- s 231 (section 231 of this act);

(5) RCW 90.--.--- and 1995 c -- s 232 (section 232 of this act);

(6) RCW 90.--.--- and 1995 c -- s 233 (section 233 of this act);

(7) RCW 90.--.--- and 1995 c -- s 234 (section 234 of this act);

(8) RCW 90.--.--- and 1995 c -- s 235 (section 235 of this act);

(9) RCW 90.--.--- and 1995 c -- s 236 (section 236 of this act);

(10) RCW 90.--.--- and 1995 c -- s 237 (section 237 of this act);

(11) RCW 90.--.--- and 1995 c -- s 238 (section 238 of this act);

(12) RCW 90.--.--- and 1995 c -- s 239 (section 239 of this act);

(13) RCW 90.--.--- and 1995 c -- s 240 (section 240 of this act); and

(14) RCW 90.--.--- and 1995 c -- s 241 (section 241 of this act).

NEW SECTION. Sec. 246. The following acts or parts of acts are each repealed:

(1) RCW 90.62.010 and 1982 c 179 s 1, 1977 c 54 s 1, & 1973 1st ex.s. c 185 s 1;

(2) RCW 90.62.020 and 1994 c 264 s 96, 1988 c 36 s 71, 1977 c 54 s 2, & 1973 1st ex.s. c 185 s 2;

(3) RCW 90.62.030 and 1973 1st ex.s. c 185 s 3;

(4) RCW 90.62.040 and 1990 c 137 s 1, 1977 c 54 s 3, & 1973 1st ex.s. c 185 s 4;

(5) RCW 90.62.050 and 1977 c 54 s 4 & 1973 1st ex.s. c 185 s 5;

(6) RCW 90.62.060 and 1982 c 179 s 2, 1977 c 54 s 5, & 1973 1st ex.s. c 185 s 6;

(7) RCW 90.62.070 and 1973 1st ex.s. c 185 s 7;

(8) RCW 90.62.080 and 1987 c 109 s 156, 1977 c 54 s 6, & 1973 1st ex.s. c 185 s 8;

(9) RCW 90.62.090 and 1977 c 54 s 7 & 1973 1st ex.s. c 185 s 9;

(10) RCW 90.62.100 and 1977 c 54 s 8 & 1973 1st ex.s. c 185 s 10;

(11) RCW 90.62.110 and 1973 1st ex.s. c 185 s 11;

(12) RCW 90.62.120 and 1973 1st ex.s. c 185 s 12;

(13) RCW 90.62.130 and 1977 c 54 s 9;

(14) RCW 90.62.900 and 1973 1st ex.s. c 185 s 13;

(15) RCW 90.62.901 and 1973 1st ex.s. c 185 s 14;

(16) RCW 90.62.904 and 1973 1st ex.s. c 185 s 15;

(17) RCW 90.62.905 and 1973 1st ex.s. c 185 s 16;

(18) RCW 90.62.906 and 1973 1st ex.s. c 185 s 18;

(19) RCW 90.62.907 and 1973 1st ex.s. c 185 s 19; and

(20) RCW 90.62.908 and 1977 c 54 s 10.

NEW SECTION. Sec. 247. Sections 101, 201 through 204, and 207 through 213 of this act shall constitute a new chapter in Title 36 RCW.

NEW SECTION. Sec. 248. Sections 228 through 241 of this act shall constitute a new chapter in Title 90 RCW.

NEW SECTION. Sec. 249. RCW 36.70A.065 and 36.70A.440 are recodified as sections within the new chapter created in section 247 of this act.

NEW SECTION. Sec. 250. The department of community, trade, and economic development shall provide training and technical assistance to counties and cities to assist them in fulfilling the requirements of chapter 36.-- RCW (sections 101, 201 through 204, and 207 through 213 of this act). The land use study commission created by section 401 of this act shall monitor local government consolidated permit procedures and the effectiveness of the timelines established by section 207 of this act. The commission shall include in its report submitted to the governor and the legislature on November 30, 1997, its recommendation about what timelines, if any, should be imposed on the local government consolidated permit process required by chapter 36.-- RCW (sections 101, 201 through 204, and 207 through 213 of this act).

PART III - APPEALS

NEW SECTION. Sec. 301. This chapter may be known and cited as the land use petition act. A petition brought under this chapter must be called a land use petition.

NEW SECTION. Sec. 302. The purpose of this chapter is to reform the process for judicial review of land use decisions made by local jurisdictions, by establishing uniform, expedited appeal procedures and uniform criteria for reviewing such decisions, in order to provide consistent, predictable, and timely judicial review.

NEW SECTION. Sec. 303. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Land use decision" means a final determination by a local jurisdiction's body or officer with the highest level of authority to make the determination, including those with authority to hear appeals, on:

(a) An application for a development permit or other governmental approval required by law before real property may be improved, developed, modified, sold, transferred, or used, but excluding applications for permits or approvals to use streets, parks, and similar types of public property and excluding applications for legislative approvals such as rezones;

(b) An interpretative or declaratory decision regarding the application to a specific property of zoning or other ordinances or rules regulating the development, modification, maintenance, or use of real property; and

(c) The enforcement of ordinances regulating the development, modification, maintenance, or use of real property. However, when a local jurisdiction is required by law to enforce the ordinances in a court of limited jurisdiction, a petition may not be brought under this chapter.

(2) "Local jurisdiction" means a county, city, or town, or special purpose district as defined in RCW 36.96.010.

(3) "Person" means an individual, partnership, corporation, association, public or private organization, or governmental agency.

NEW SECTION. Sec. 304. (1) This chapter replaces the writ of certiorari for judicial review of local jurisdictions' land use decisions.

(2) This chapter does not apply to judicial review procedures established by other laws, including, but not limited to judicial review of:

(a) Land use decisions made by bodies that are not part of a local jurisdiction;

(b) Land use decisions of a local jurisdiction that are subject to review by a quasi-judicial body created by state law, such as the shorelines hearings board or the growth management hearings board;

(d) Applications for injunctive relief, including a writ of prohibition or mandamus.

(3) If one or more claims for damages or compensation are set forth in the same complaint with a land use petition brought under this chapter, the procedures and standards, including deadlines, provided in this chapter for review of the petition do not apply to the claims for damages or compensation. The judge who hears the land use petition may, if appropriate, preside at a trial for damages or compensation.

(4) The court rules govern procedural matters under this chapter to the extent that the rules are consistent with this chapter.

NEW SECTION. Sec. 305. (1) Proceedings for review under this chapter must be commenced by filing a land use petition in superior court.

(2) A land use petition is barred, and the court may not grant review, unless the petition is timely filed with the court. The petition must be served on the following parties:

(a) The local jurisdiction, which for purposes of the petition shall be the jurisdiction's corporate entity and not an individual decision maker or department; and

(b) Each of the following, if not the petitioner:

(i) Any person identified by name and address in the local jurisdiction's written decision as an applicant for the permit or approval at issue or as a property owner of the property at issue;

(ii) If no person is named in the decision as provided in (b)(i) of this subsection, any such person identified in the application for a permit or approval at issue; and

(iii) Any person who filed an appeal to a quasi-judicial decision maker regarding the land use decision at issue, unless the person has abandoned the appeal or the person's claims were dismissed before the quasi-judicial decision was rendered. Any person who later intervened or joined in the appeal is not required to be made a party under this subsection.

(3) The petition is timely if it is filed within twenty-one days of the issuance of the land use decision.

(4) For the purposes of this section, a land use decision is issued on the date on which a written decision is mailed or if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available. However, if written notification is not required to be provided, the decision is issued on the later of:

(a) The date that the decision is made at a public meeting; or

(b) The date that the decision is entered into the public record.

(5) Service on the local jurisdiction must be by delivery of a copy of the petition pursuant to RCW 4.28.080. Service on other parties must be in accordance with the civil rules or, for parties who provided an address to the local jurisdiction during a quasi-judicial proceeding regarding the land use decision at issue, service may be by deposit in the United States mail to the address. Service by mail is effective on the date of mailing. Proof of service must be evidenced by affidavit.

NEW SECTION. Sec. 306. Standing to bring a land use petition under this chapter, and to intervene in a proceeding under this chapter, is limited to the following parties:

(1) The applicant and the owner of property to which the land use decision is directed;

(2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision, and who will suffer direct and substantial impacts from the decision, reversal, or modification.

NEW SECTION. Sec. 307. (1) A petitioner shall set forth in a land use petition:

(a) The name and mailing address of the petitioner;

(b) The name and mailing address of the petitioner's attorney, if any;

(d) Identification of the decision-making body or officer, together with a duplicate copy of the decision, or if not a written decision, a summary or brief description of it;

(e) Identification of persons who were named petitioners or appellants in any quasi-judicial proceedings regarding the land use decision at issue;

(f) Facts demonstrating that the petitioner is entitled to seek judicial review; and

(g) A request for relief, specifying the type of relief requested.

(2) Within sixty days of service of a land use petition on the local jurisdiction, the local jurisdiction must certify and submit to the court and serve on all parties to the petition a complete record of the proceedings leading to the decision identified in the land use petition pursuant to subsection (1)(d) of this section.

(3) The local jurisdiction need not certify the record, if the court determines that the petition should be dismissed for any reason, including improper service, lack of standing, failure to join an indispensable party, or failure to comply with subsection (1) of this section.

(4) The court may grant additional time for the certification of the record, if additional time is determined by the court to be necessary.

(5) Within fifteen days of service of the petition, the local jurisdiction shall notify the petitioner of the estimated cost of preparing the record.

(6) The petitioner shall pay the cost of preparing the record within fifteen days of service of the record on the petitioner.

NEW SECTION. Sec. 308. The court shall provide expedited review of petitions filed under this chapter. If judicial review is granted, the matter must be set for hearing within sixty days of the date set for submitting the local jurisdiction's record, absent a showing of compelling reasons for a different date or a stipulation of the parties.

NEW SECTION. Sec. 309. (1) A petitioner for judicial review of a land use decision may request the court to stay or suspend an action by the local jurisdiction or another party to implement the decision under review, by including the request in the petition. The request must set forth a statement of grounds for the stay and the factual basis for the request. The court shall rule on the request at the hearing on the order to show cause.

(2) Another party to the judicial review proceedings may request a stay by making a motion in accordance with the court rules. The motion must be filed with the party's first pleading in the matter.

(3) The court shall deny a request for a stay that is made after the times required by subsections (1) and (2) of this section unless the party requesting the stay establishes that the reasons justifying the stay did not exist, or could not have been discovered, at the times set forth in subsections (1) and (2) of this section.

(4) A court may grant a stay only if the court finds that:

(a) The party requesting the stay is likely to prevail on the merits;

(b) Without the stay the party requesting it will suffer irreparable harm; and

(5) The court may grant the request for a stay upon such terms and conditions, such as the filing of security, as are necessary to prevent harm to other parties from the stay.

NEW SECTION. Sec. 310. (1) If the land use decision being reviewed was made by a quasi-judicial body or officer who was making factual determinations and the parties had the opportunity to make a record on the factual issues, judicial review of factual issues, and the conclusions drawn from the factual issues, must be confined to the record created by the quasi-judicial body or officer, except as provided in this section.

(2) For decisions described in subsection (1) of this section, the record may be supplemented by additional evidence only if the additional evidence relates to:

(a) Disputed factual issues regarding the authority or jurisdiction of the body or officer that made the land use decision;

(b) Grounds for disqualification of a member of the body or of the officer that made the land use decision;

(d) Matters that were improperly excluded from the record after being offered by a party to the quasi-judicial proceeding; or

(e) Matters that were outside the jurisdiction of the body or officer that made the land use decision.

(3) For land use decisions other than those described in subsection (1) of this section, the record for judicial review may be supplemented by evidence of material facts that were not required to be made part of the local jurisdiction's record.

(4) The parties may not conduct civil discovery prior to the determination of the land use petition except in regard to the issues listed in subsection (2) of this section. Requests made under chapter 42.17 RCW for records relating to the matters at issue in the pending land use petition must be treated as requests for civil discovery and must meet the requirements of this section and the court rules.

NEW SECTION. Sec. 311. (1) The superior court, acting without a jury, shall review the record and such supplemental evidence as is permitted under RCW 36.70B.100. The court may grant relief only if the party seeking relief has carried the burden of establishing that one of the standards set forth in (a), (b), and (c) of this subsection have been met. The standards are:

(a) The party seeking relief has been substantially prejudiced as a result of the claimed error or errors, and:

(i) The body or officer that made the land use decision engaged in unlawful procedure or failed to follow a prescribed process;

(ii) The land use decision under review is a clearly erroneous interpretation or application of the law, in light of the law's purpose; or

(iii) The land use decision under review is not supported by substantial evidence;

(b) The land use decision under review was outside the authority or jurisdiction of the body or officer making the decision; and

(2) In order to grant relief under this chapter, it is not necessary for the court to find that the local jurisdiction engaged in arbitrary and capricious conduct.

NEW SECTION. Sec. 312. The court may affirm or reverse the land use decision under review, modify it, or remand it for modification or further proceedings. If the decision is remanded for modification or further proceedings, the court may make the order as it finds necessary to preserve the interests of the parties and the public, pending further proceedings or action by the local jurisdiction.

Sec. 313. RCW 7.16.360 and 1989 c 175 s 38 are each amended to read as follows:

This chapter does not apply to state agency action reviewable under chapter 34.05 RCW or the land use decisions of local jurisdictions reviewable under chapter 36.-- RCW (sections 301 through 312 of this act).

Sec. 314. RCW 58.17.180 and 1983 c 121 s 5 are each amended to read as follows:

Any decision approving or disapproving any plat shall be reviewable for ((unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before)) under chapter 36.-- RCW (sections 301 through 312 of this act) by the superior court of the county in which such matter is pending. ((Standing to bring the action is limited to the following parties:

(1) The applicant or owner of the property on which the subdivision is proposed;

(2) Any property owner entitled to special notice under RCW 58.17.090;

(3) Any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision.

Application for a writ of review shall be made to the court within thirty days from any decision so to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant.))

NEW SECTION. Sec. 315. A new section is added to chapter 4.84 RCW to read as follows:

Notwithstanding any other provisions of this chapter, reasonable attorneys̓ fees and costs shall be awarded to the prevailing party or substantially prevailing party on appeal before the superior court, court of appeals, or the supreme court of a decision by a county, city, or town to issue, condition, or deny a development permit involving a site-specific rezone, zoning, plat, conditional use, variance, shoreline permit, building permit, site plan, or similar land use approval or decision.

NEW SECTION. Sec. 316. Sections 301 through 312 of this act constitute a new chapter in Title 36 RCW.

PART IV - STUDY

NEW SECTION. Sec. 401. The land use study commission is hereby established. The commission̓s goal shall be the integration and consolidation of the state̓s land use and environmental laws into a single, manageable statute. In fulfilling its responsibilities, the commission shall evaluate the effectiveness of the growth management act, the state environmental policy act, the shoreline management act, and other state land use, planning, environmental, and permitting statutes.

NEW SECTION. Sec. 402. The commission shall consist of not more than thirteen members. Seven members of the commission shall be appointed by the governor, two members shall be appointed by the speaker of the house of representatives, and two members shall be appointed by the president of the senate. Membership shall reflect the interests of business, agriculture, labor, the environment, other citizens, the legislature, cities, counties, federally recognized Indian tribes, and state agencies. The director of the department of community, trade, and economic development, or the director̓s designee, shall serve in a nonvoting capacity as chair of the commission. The director of the department of ecology, or the director̓s designee, shall also be a member of the commission in a nonvoting capacity. Staff for the commission shall be provided by the department of community, trade, and economic development, with additional staff to be provided by other state agencies and the legislature, as may be required. State agencies shall provide the commission with information and assistance as needed.

NEW SECTION. Sec. 403. The commission shall convene commencing June 1, 1995, and shall complete its work by June 30, 1998. The commission shall submit a report to the governor and the legislature stating its findings, conclusions, and recommendations not later than November 1 of each year. The commission shall submit its final report to the governor and the legislature not later than November 1, 1997.

NEW SECTION. Sec. 404. The commission shall:

(1) Consider the effectiveness of state and local government efforts to consolidate and integrate the growth management act, the state environmental policy act, the shoreline management act, and other land use, planning, environmental, and permitting laws.

(2) Identify the revisions and modifications needed in state land use, planning, and environmental law and practice to adequately plan for growth, to adequately assess environmental impacts of comprehensive plans, development regulations, and growth, and to reduce the time and cost of obtaining project permits.

(3) Draft a consolidated land use procedure, following these guidelines:

(a) Conduct land use planning through the comprehensive planning process under chapter 36.70A RCW rather than through review of individual projects;

(b) Involve diverse sectors of the public in the planning process. Early and informal environmental analysis should be incorporated into planning and decision making;

(c) Recognize that different questions need to be answered and different levels of detail applied at each planning phase, from the initial development of plan concepts or plan elements to implementation programs;

(d) Integrate and combine to the fullest extent possible the processes, analysis, and documents currently required under chapters 36.70A and 43.21C RCW, so that subsequent plan decisions and subsequent implementation will incorporate measures to promote the environmental, economic, and other goals and to mitigate undesirable or unintended adverse impacts on a community's quality of life;

(e) Focus environmental review and the level of detail needed for different stages of plan and project decisions on the environmental considerations most relevant to that stage of the process;

(f) Avoid duplicating review that has occurred for plan decisions when specific projects are proposed;

(g) Use environmental review on projects to: (i) Review and document consistency with comprehensive plans and development regulations; (ii) provide prompt and coordinated review by agencies, tribes, and the public on compliance with applicable environmental laws and plans, including mitigation for site specific project impacts that have not been considered and addressed at the plan or development regulation level; and (iii) ensure accountability by local government to applicants and the public for requiring and implementing mitigation measures;

(h) Maintain or improve the quality of environmental analysis both for plan and for project decisions, while integrating these analyses with improved state and local planning and permitting processes;

(i) Examine existing land use and environmental permits for necessity and utility. To the extent possible, existing permits should be combined into fewer permits, assuring that the values and principles intended to be protected by those permits remain protected; and

(j) Consolidate local government appeal processes to allow a single appeal of permits at local government levels, a single state level administrative appeal, and a final judicial appeal.

(4) These guidelines are intended to guide the work of the commission, without limiting its charge to integrate and consolidate Washington's land use and environmental laws into a single, manageable code.

NEW SECTION. Sec. 405. Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 406. Sections 401 through 405 of this act shall expire June 30, 1998.

PART V - MISCELLANEOUS

NEW SECTION. Sec. 501. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 502. Part headings and the table of contents as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 503. Sections 401 through 406 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1995."

On page 1, line 3 of the title, after "review;" strike the remainder of the title and insert "amending RCW 43.21C.075, 43.21C.031, 43.21C.110, 43.21C.080, 36.70A.140, 36.70A.300, 36.70A.330, 90.58.020, 90.58.030, 90.58.050, 90.58.060, 90.58.080, 90.58.090, 90.58.100, 90.58.120, 90.58.140, 90.58.180, 90.58.190, 34.05.461, 34.05.514, 36.70A.130, 36.70A.320, 82.02.090, 82.02.020, 35A.40.210, 36.70A.440, 36.70A.065, 58.17.090, 58.17.092, 58.17.100, 58.17.330, 35.63.130, 35A.63.170, 36.70.970, 7.16.360, and 58.17.180; reenacting and amending RCW 36.70A.030 and 36.70A.290; adding new sections to chapter 36.70A RCW; adding new sections to chapter 43.21C RCW; adding a new section to chapter 82.02 RCW; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.23 RCW; adding a new section to chapter 35.43 RCW; adding a new section to chapter 36.32 RCW; adding a new section to chapter 36.77 RCW; adding a new section to chapter 56.08 RCW; adding a new section to chapter 57.08 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 64.40 RCW; adding new sections to chapter 43.131 RCW; adding a new section to chapter 4.84 RCW; adding new chapters to Title 36 RCW; adding a new chapter to Title 90 RCW; creating new sections; recodifying RCW 82.02.020, 82.02.050, 82.02.060, 82.02.070, 82.02.080, 82.02.090, 82.02.100, 36.70A.065, and 36.70A.440; repealing RCW 90.58.145, 90.62.010, 90.62.020, 90.62.030, 90.62.040, 90.62.050, 90.62.060, 90.62.070, 90.62.080, 90.62.090, 90.62.100, 90.62.110, 90.62.120, 90.62.130, 90.62.900, 90.62.901, 90.62.904, 90.62.905, 90.62.906, 90.62.907, and 90.62.908; making an appropriation; providing an effective date; providing an expiration date; and declaring an emergency."

POINT OF ORDER

Representative Appelwick: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment.

SPEAKER'S RULING

Representative Appelwick, the Speaker is prepared to rule on your Point of Order which challenges amendment 352 as being beyond the scope and object of Substitute House Bill No. 1724.

The title of Substitute House Bill No. 1724 is "AN ACT Relating to implementing the recommendation of the Governor's Task Force on regulatory reform on integrating growth management planning and environmental review.

This very specific title is followed by amendments to over 100 sections of laws spread throughout the revised code of Washington. The title of the bill requires that both the bill and substitute bill address the issues that are in the recommendations of the Governor's Task Force.

The Speaker finds that amendment 352 is within the scope of the title of Substitute House Bill No. 1724. The object of Substitute House Bill No. 1724 was to address the recommendations of the Governor's Task Force on regulatory reform and growth management.

The Speaker finds that amendment 352 simply deletes some portions of Substitute House Bill No. 1724 and make a few minor changes in the manner that issues raises in the Substitute House Bill or addressed.

The Speaker finds that the object of amendment 352 is not beyond the object of Substitute House Bill No. 1724.

Representative Appelwick, Your Point of Order is not well taken.

POINT OF INQUIRY

Representative Appelwick: Thank you Mr. Speaker. Your ruling did not appear to address the specific point I raised, which was that the report in front of us adds a mandate that local governments in their zoning must allow cellular antennas in every zone. The state has not heretofore been in zoning. The task force made no zoning recommendations and I need to be clear that the Speaker did not inadvertently miss that point as I evaluate an appeal of the Speaker's ruling.

With the consent of the House, the House deferred further consideration of Substitute House Bill No. 1724 and the bill held it's place on the second reading calendar.

HOUSE BILL NO. 2072, by Representatives Foreman, B. Thomas, Silver, Sehlin, Padden, Cooke, Lambert, Huff, Carlson, Crouse, Pelesky, Beeksma, Hickel, Sheahan, Reams, Pennington, Mielke, Mulliken, Radcliff, Robertson, Ballasiotes, Talcott, Stevens, K. Schmidt, Cairnes, Thompson, Schoesler, Dyer, Casada, Backlund, L. Thomas, Mitchell, Campbell, Elliot, Chandler, Johnson, Benton, Carrell, D. Schmidt, Smith, McMahan, Sherstad and Boldt

Reducing business and occupation tax rates.

The bill was read the second time.

Representative Honeyford moved adoption of the following amendment by Representative Honeyford:

On page 2, after line 3, insert:

"Sec. 2. RCW 82.04.260 and 1993 s.s. c 25 § 104 are each amended to read as follows:

(1) Upon every person engaging within this state in the business of buying wheat, oats, dry peas, dry beans, lentils, triticale, corn, rye and barley, but not including any manufactured or processed products thereof, and selling the same at wholesale; the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.011 percent.

(2) Upon every person engaging within this state in the business of manufacturing wheat into flour, barley into pearl barley, soybeans into soybean oil, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, or oil manufactured, multiplied by the rate of 0.138 percent.

(3) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.275 percent.

(4) Upon every person engaging within this state in the business of manufacturing seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent.

(5) Upon every person engaging within this state in the business of manufacturing by canning, preserving, freezing or dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, or dehydrated by the seller and sold to purchasers who immediately transport the goods out of this state; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen or dehydrated multiplied by the rate of 0.33 percent. As proof of sale to a person who immediately transports goods out of this state, the seller shall obtain an affidavit in a form prescribed by the department and retain the affidavit as a business record.

(6) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.

(7) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.

(8) Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.

(9) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.

(10) Upon every person engaging within this state in the business of acting as a travel agent; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.

(11) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.363 percent.

(12) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of 0.363 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.

(13) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.

If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.

(14) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 1.1 percent.

(15) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation or by the state or any of its political subdivisions, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900."

On page 4, line 14, strike "1 and 2" and insert "1, 2, and 3"

POINT OF ORDER

Representative Appelwick: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment.

There being no objection, the House deferred further consideration of House Bill No. 2072.

HOUSE BILL NO. 1135, by Representatives McMorris, Morris, Pennington, Benton, Koster, Smith, Sheldon, Chandler, Mulliken, Foreman, L. Thomas, Schoesler, Sheahan, Honeyford, Fuhrman, Lambert, Blanton, Van Luven, Boldt, Buck, Crouse, Huff, Hickel, Thompson, Robertson, McMahan, Stevens, Sherstad, Cooke, Johnson, Delvin and Mielke

Exempting incarceration and school district facilities from public art requirements.

The bill was read the second time. There being no objection, Substitute House Bill No. 1135 was substituted for House Bill No. 1135 and the substitute bill was placed on second reading.

Substitute House Bill No. 1135 was read the second time.

Representative Sheldon moved adoption of the following amendment by Representative Sheldon:

On page 2, line 10, after "rehabilitation." insert "For facilities under this subsection, the one-half of one percent of the appropriation shall be deposited in the public safety and education account for the purpose of crime victims' compensation."

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

Representative Sehlin spoke against the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 2, line 10 to Substitute House Bill No. 1135 and the amendment was not adopted by the following vote: Yeas - 38, Nays - 60, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Patterson, Poulsen, Quall, Regala, Romero, Schoesler, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 38.

Voting nay: Representatives Backlund, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Ogden, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Rust, Schmidt, D., Schmidt, K., Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 60.

Representative Pennington moved adoption of the following amendment by Representative Pennington:

On page 2, after line 10 insert the following:

"NEW SECTION. Sec. 2. RCW 28A.335.210 and 1983 c 204 s 7, 1982 c 191 s 2, & 1974 ex.s. c 176 s 5 are each repealed.

Sec. 3. RCW 28B.10.025 and 1990 c 33 s 557 are each amended to read as follows:

The Washington state arts commission shall, in consultation with the boards of regents of the University of Washington and Washington State University and with the boards of trustees of the regional universities, The Evergreen State College, and the community college districts, determine the amount to be made available for the purchases of art under RCW 28B.10.027, and payment therefor shall be made in accordance with law. The designation of projects and sites, the selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the board of regents or trustees. However, the costs to carry out the Washington state arts commission's responsibility for maintenance shall not be funded from the moneys referred to under this section, RCW 43.17.200, or 43.19.455, ((or 28A.335.210,)) but shall be contingent upon adequate appropriations being made for that purpose.

Sec. 4. RCW 43.17.205 and 1990 c 33 s 574 are each amended to read as follows:

The funds allocated under RCW 43.17.200((, 28A.335.210,)) and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission when the particular law providing for the appropriation becomes effective. For appropriations which are dependent upon the sale of bonds, the amount or proportionate amount of the moneys under RCW 43.17.200((, 28A.335.210,)) and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission thirty days after the sale of a bond or bonds.

Sec. 5. RCW 43.17.210 and 1990 c 33 s 575 are each amended to read as follows:

The Washington state arts commission shall determine the amount to be made available for the purchase of art in consultation with the agency, except where another person or agency is specified under RCW 43.19.455((, 28A.335.210,)) or 28B.10.025, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the directors of the state agencies. However, the costs to carry out the Washington state arts commission's responsibility for maintenance shall not be funded from the moneys referred to in RCW 43.17.200, 43.19.455, ((28A.335.210,)) or 28B.10.025, but shall be contingent upon adequate appropriations being made for that purpose.

Sec. 6. RCW 43.19.455 and 1990 c 33 s 576 are each amended to read as follows:

Except as provided under RCW 43.17.210, the Washington state arts commission shall determine the amount to be made available for the purchase of art under RCW 43.17.200 in consultation with the director of general administration, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the director of general administration. However, the costs to carry out the Washington state arts commission's responsibility for maintenance shall not be funded from the moneys referred to under this section, RCW 43.17.200, ((28A.335.210,)) or 28B.10.025, but shall be contingent upon adequate appropriations being made for that purpose."

Representatives Pennington, Honeyford, Talcott, G. Fisher, Schoesler, Sheldon and Carrell spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

Representatives Ogden, L. Thomas, Ebersole, Cole, Mitchell, Jacobsen and Clements spoke against the adoption of the amendment.

Representative Pennington again spoke in favor of the adoption of the amendment.

Representative K. Schmidt demanded the previous question and the demand was sustained.

ROLL CALL

The Clerk called the roll on the amendment on page 2, after line 10 to Substitute House Bill No. 1135 and the amendment was adopted by the following vote: Yeas - 50, Nays - 48, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Beeksma, Benton, Boldt, Buck, Carrell, Casada, Chandler, Crouse, Delvin, Dickerson, Dyer, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Hymes, Johnson, Koster, Kremen, Lambert, Mastin, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Smith, Stevens, Talcott, Thomas, B., Thompson, Van Luven and Mr. Speaker - 50.

Voting nay: Representatives Appelwick, Ballasiotes, Basich, Blanton, Brown, Brumsickle, Cairnes, Campbell, Carlson, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Ebersole, Fisher, R., Grant, Hatfield, Horn, Huff, Jacobsen, Kessler, Lisk, Mason, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Schmidt, K., Scott, Skinner, Sommers, Thibaudeau, Thomas, L., Tokuda, Valle, Veloria and Wolfe - 48.

Representative Tokuda moved adoption of the following amendment by Representative Tokuda:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.17.200 and 1983 c 204 s 4 are each amended to read as follows:

All state agencies including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated for the original construction of any public building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art created by Washington state artists. The works of art may be placed on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. In addition to the cost of the works of art the one-half of one percent of the appropriation as provided herein shall be used to provide for the administration of the visual arts program by the Washington state arts commission and all costs for installation of the works of art. For the purpose of this section building shall not include highway construction sheds, warehouses, or other buildings of a temporary nature.

Works of art acquired with allocations from the construction of any facility under the control of the department of corrections and used for the incarceration, treatment, or rehabilitation of convicted persons, or any facility under the control of the department of social and health services and used for juvenile rehabilitation may not be placed on, integral to, within, outside, or on the grounds of any facility under the control of the department of corrections or any facility under the control of the department of social and health services."

On page 1, line 1 of the title, after "art;" strike the remainder of the title and insert "and amending RCW 43.17.200."

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

The amendment was not adopted.

The bill was ordered engrossed.

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

Representatives McMorris, Morris, Pennington and Buck spoke in favor of passage of the bill.

Representatives Ogden, Chopp, Ebersole, Skinner, Brown and R. Fisher spoke against passage of the bill.

Representative McMorris again spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1135.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1135, and the bill passed the House by the following vote: Yeas - 60, Nays - 38, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Chappell, Cooke, Crouse, Delvin, Dickerson, Dyer, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Smith, Stevens, Talcott, Thomas, B., Thompson, Van Luven and Mr. Speaker - 60.

Voting nay: Representatives Appelwick, Ballasiotes, Basich, Blanton, Brown, Carlson, Chopp, Clements, Cody, Cole, Conway, Costa, Dellwo, Ebersole, Fisher, R., Hatfield, Horn, Jacobsen, Kessler, Mason, Mitchell, Ogden, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Schmidt, K., Scott, Skinner, Sommers, Thibaudeau, Thomas, L., Tokuda, Valle, Veloria and Wolfe - 38.

Engrossed Substitute House Bill No. 1135, having received the constitutional majority, was declared passed.

There being no objection, the House resumed consideration of Substitute House Bill No. 1523.

SPEAKER'S RULING

Representative Appelwick, the Speaker is prepared to Rule on your Point of Order which challenges Substitute House Bill No. 1523 as being beyond the Scope and Object of House Bill No. 1523.

The title of both House Bill No. 1523 and Substitute House Bill No. 1523 is "AN ACT Relating to parental notice of abortion. Both House Bill No. 1523 and Substitute House Bill No. 1523 add new sections to chapter 9.02 RCW, prescribe penalties and declare an emergency. The Speaker finds that both House Bill No. 1523 and Substitute House Bill No. 1523 are within the scope of House Bill No. 1523.

House Bill No. 1523 has as its object the requiring of parental notification prior to abortions.

Substitute House Bill No. 1523 appears to have an identical objective.

Representative Appelwick, in your Scope objection you made reference to a different treatment of public assistance in the two measures. The Speaker would note that both section 7 of House Bill No. 1523 and Substitute House Bill No. 1523 address the issue of public assistance. The Speaker does not find such differences in treatment of the issue as to conclude that the substitute is beyond the object of the underlying bill.

The Speaker finds that Substitute House Bill No. 1523 is not beyond the scope and object of House Bill No. 1523.

Representative Appelwick, Your Point of Order is not well taken.

There being no objection, the House deferred consideration of Substitute House Bill No. 1523 and the bill held it's place on the second reading calendar.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

HOUSE BILL NO. 1413, by Representatives Boldt, Morris, Lisk, Mulliken and Kremen

Allowing a business and occupation tax deduction for certain amusement devices.

The bill was read the second time. There being no objection, Substitute House Bill No. 1413 was substituted for House Bill No. 1413 and the substitute bill was placed on second reading.

Substitute House Bill No. 1413 was read the second time.

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

Representative Boldt spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1413.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1413, and the bill passed the House by the following vote: Yeas - 84, Nays - 14, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Wolfe and Mr. Speaker - 84.

Substitute House Bill No. 1413, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1440, by Representatives Boldt, Dyer, Morris, Backlund, Van Luven, Dellwo, Carrell, B. Thomas, L. Thomas, Thompson, Costa, Sherstad, Chandler, Kremen, Cooke and Jacobsen

Providing tax exemptions for blood banks.

The bill was read the second time. There being no objection, Substitute House Bill No. 1440 was substituted for House Bill No. 1440 and the substitute bill was placed on second reading.

Substitute House Bill No. 1440 was read the second time.

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

Representative Boldt spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1440.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1440, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting nay: Representatives Appelwick, Chopp, Cody, Cole, Fisher, R., Jacobsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Valle and Veloria - 14.

Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.

Substitute House Bill No. 1440, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1510, by Representatives K. Schmidt, Benton, Reams, Robertson, Chandler, Mitchell, Delvin and D. Schmidt

Restructuring oil spill prevention and response.

The bill was read the second time. There being no objection, Substitute House Bill No. 1510 was substituted for House Bill No. 1510 and the substitute bill was placed on second reading.

Substitute House Bill No. 1510 was read the second time.

Representative K. Schmidt moved adoption of the following amendment by Representative K. Schmidt:

On page 11, line 30, after "The" strike "((coalition)) state military department" and insert "coalition"

Representative K. Schmidt spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representatives K. Schmidt, Horn, Delvin, Robertson, Chandler and Benton spoke in favor of passage of the bill.

Representatives R. Fisher, Chopp, Tokuda, Rust, Romero, Kessler and Clements spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1510.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1510, and the bill passed the House by the following vote: Yeas - 58, Nays - 40, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Basich, Beeksma, Benton, Blanton, Boldt, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Cody, Conway, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 58.

Voting nay: Representatives Appelwick, Ballasiotes, Brown, Brumsickle, Campbell, Chappell, Chopp, Clements, Cole, Cooke, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Horn, Hymes, Jacobsen, Kessler, Kremen, Mason, Mastin, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Smith, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 40.

Engrossed Substitute House Bill No. 1510, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Engrossed Substitute House Bill No. 1510.

PHILIP DYER, 5th District

There being no objection, the House deferred consideration of House Bill No. 1523 and the bill held it's place on the second reading calendar.

The Speaker called on Representative Horn to preside.

HOUSE BILL NO. 1537, by Representatives Honeyford, Chandler, Mastin, Chappell, Clements, Kremen, Schoesler, Robertson, McMorris, Delvin, Koster, Boldt, Johnson, L. Thomas, Goldsmith, McMahan, Mulliken and Brumsickle

Modifying disposition of earnings of agricultural funds and accounts.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1537 was substituted for House Bill No. 1537 and the second substitute bill was placed on second reading.

Second Substitute House Bill No. 1537 was read the second time.

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

Representatives Honeyford and Mastin spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 1537.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1537, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.

Second Substitute House Bill No. 1537, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1546, by Representatives Casada, Goldsmith, Padden, Stevens, Boldt, Sherstad, Johnson, Fuhrman, Backlund, McMahan, D. Schmidt and Koster

Enacting the anticancer act of 1995.

The bill was read the second time. There being no objection, Substitute House Bill No. 1546 was substituted for House Bill No. 1546 and the substitute bill was placed on second reading.

Substitute House Bill No. 1546 was read the second time.

Representative Casada moved adoption of the following amendment by Representative Casada:

On page 1, line 14, after "shall" insert "contract with a recognized regional cancer research institution to"

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

The amendment was adopted.

Representative Brown moved adoption of the following amendment by Representative Brown:

On page 1, line 15, after "links" insert "smoking, caffeine, high fat diets, alcohol consumption, other known carcinogens, and"

POINT OF ORDER

Representative Padden: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment.

There being no objection, the House deferred further consideration of Substitute House Bill No. 1546 and the bill held it's place on the second reading calendar.

There being no objection, the House deferred consideration of House Bill No. 1588 and House Bill No. 1570 and the bills held their place on the second reading calendar.

HOUSE BILL NO. 1604, by Representatives Johnson and Sheldon

Purchasing mobile home parks.

The bill was read the second time. There being no objection, Substitute House Bill No. 1604 was substituted for House Bill No. 1604 and the substitute bill was placed on second reading.

Substitute House Bill No. 1604 was read the second time.

Representative Johnson moved adoption of the following amendment by Representative Johnson:

On page 1, after line 21, insert the following:

"Sec. 2. RCW 59.20.080 and 1993 c 66 s 19 are each amended to read as follows:

(1) A landlord shall not terminate or fail to renew a tenancy, of whatever duration except for one or more of the following reasons:

(a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate;

(b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate;

(c) Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenants shall be given written notice of a fifteen day period in which to vacate;

(d) Failure to the tenant to comply with local ordinances and state laws and regulations relating to mobile homes or mobile home living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;

(e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for mobile homes or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the effective date of such change, except that for the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months' notice in advance of the proposed effective date of such change;

(f) Engaging in "criminal activity." "criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants. A park owner seeking to evict a tenant under this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense. Notice from a law enforcement agency of criminal activity constitutes sufficient grounds, but not the only grounds, for an eviction under this subsection. Notification of the seizure of illegal drugs under RCW 59.20.155 is evidence of criminal activity and is grounds for an eviction under this subsection. If criminal activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action;

(g) The tenant's application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent;

(h) If the landlord serves a tenant three((fifteen day)) notices within a twelve-month period for failure to comply ((or vacate for failure to comply)) with the material terms of the rental agreement or park rules, and if the tenant has been served a fifteen-day notice to comply or vacate for failure to comply with each of the first two offenses, the landlord may evict the tenant immediately after issuing a third notice designated as a fifteen-day notice to vacate for failure to comply, without mediation and without further written notice to comply, regardless if the tenant has complied with any other previous notices. The applicable twelve-month period shall commence on the date of the first violation;

(i) Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations, including chapter 59.20 RCW. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;

(j0 The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;

(k) The tenant creates a nuisance that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days;

(1) Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. The landlord shall ((be)) give (([shall give])) the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; or

(m) Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve-month period, commencing with the date of the first violation, ((after service of a five-day notice to comply)) but only if the tenant has been served a five-day notice to pay rent or vacate for each of the first two violations. The landlord may evict immediately after giving a third notice designated as a notice to terminate tenancy for late rent payments, regardless if the tenant has complied with any of the previous five-day notices to pay rent or vacate.

(2) Within five days of a notice of eviction as required by subsection (1)(a) of this section, the landlord and tenant shall submit any dispute to medication. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days for an eviction under subsection (1)(a) of this section. It is a defense to an eviction under subsection (1)(a) of this section that a landlord did not participate in the mediation process in good faith.

(3) Chapters 59.12 and 59.18 RCW govern the eviction of recreational vehicles from mobile home parks.

Correct the title of the bill accordingly.

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

The amendment was adopted.

The bill was ordered engrossed.

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

Representative Johnson spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1604.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1604, and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Cole, Conway, Cooke, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

Voting nay: Representatives Chopp, Costa, Mason and Thibaudeau - 4.

Engrossed Substitute House Bill No. 1604, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1611, by Representatives Costa, Radcliff, Scott, Kessler, Blanton, Koster, D. Schmidt, Beeksma, Romero, Thompson, Regala and Kremen

Providing a tax exemption for new construction of alternative housing for youth in need.

The bill was read the second time. There being no objection, Substitute House Bill No. 1611 was substituted for House Bill No. 1611 and the substitute bill was placed on second reading.

Substitute House Bill No. 1611 was read the second time.

Representative Costa moved adoption of the following amendment by Representative Costa:

On page 1, line 11, after "crisis." strike everything through "1997."

On page 1, line 17, after "crisis." strike everything through "1997." on line 18

Representatives Costa and Morris spoke in favor of the adoption of the amendment.

A division was called. The Speaker (Representative Horn presiding) called on the House to divide. The results of the division was: YEAS-61; NAYS-35. The amendment was adopted.

The bill was ordered engrossed.

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

Representative Costa spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1611.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1611, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.

Engrossed Substitute House Bill No. 1611, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of House Bill No. 1617 and the bill held it's place on the second reading calendar.

HOUSE BILL NO. 1700, by Representatives Sehlin, Chopp, Quall and B. Thomas

Changing current use taxation provisions.

The bill was read the second time. There being no objection, Substitute House Bill No. 1700 was substituted for House Bill No. 1700 and the substitute bill was placed on second reading.

Substitute House Bill No. 1700 was read the second time.

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

Representatives Sehlin and Chopp spoke in favor of passage of the bill.

Representative Elliot spoke against passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1700.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1700, and the bill passed the House by the following vote: Yeas - 86, Nays - 12, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Foreman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Lisk, Mason, Mastin, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Silver, Skinner, Smith, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 86.

Voting nay: Representatives Elliot, Fuhrman, Goldsmith, Hargrove, Koster, McMahan, McMorris, Padden, Pennington, Sheldon, Sherstad and Stevens - 12.

Substitute House Bill No. 1700, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1730, by Representative Benton

Revising provisions regarding interest arbitration for law enforcement officers employed by cities, towns, or counties.

The bill was read the second time. There being no objection, Substitute House Bill No. 1730 was substituted for House Bill No. 1730 and the substitute bill was placed on second reading.

Substitute House Bill No. 1730 was read the second time.

Representative Benton moved adoption of the following amendment by Representative Benton:

On page 3, line 10, beginning with "(((i)))" strike all material through "(((ii)))" on line 14 and insert "(a) (i) Until July 1, 1997, law enforcement officers as defined in RCW 41.26.030 employed by the governing body of any city or town with a population of seven thousand five hundred or more and law enforcement officers employed by the governing body of any county with a population of thirty-five thousand or more; (ii) beginning on July 1, 1997, law enforcement officers as defined in RCW 41.26.030 employed by the governing body of any city or town with a population of two thousand five hundred or more and law enforcement officers employed by the governing body of any county with a population of ten thousand or more;"

On page 4, line 32, after "city" strike all material through "thousand))" on line 34 and insert "or town with a population of less than fifteen thousand, or a county with a population of less than seventy thousand"

Representatives Benton and Ebersole spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representatives Benton, Delvin, Romero, Ebersole and Robertson spoke in favor of passage of the bill.

Representative Goldsmith spoke against passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1730.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1730, and the bill passed the House by the following vote: Yeas - 88, Nays - 10, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Mason, Mastin, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 88.

Voting nay: Representatives Beeksma, Elliot, Goldsmith, Hargrove, Huff, Koster, Lisk, McMahan, Sehlin and Stevens - 10.

Engrossed Substitute House Bill No. 1730, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1733, by Representatives Boldt, Padden, B. Thomas, D. Schmidt, Cooke, Stevens, L. Thomas and Goldsmith

Providing tax exemptions for nonprofit camps and conferences.

The bill was read the second time. There being no objection, Substitute House Bill No. 1733 was substituted for House Bill No. 1733 and the substitute bill was placed on second reading.

Substitute House Bill No. 1733 was read the second time.

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

Representative Boldt spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1733.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1733, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

Voting nay: Representative Rust - 1.

Substitute House Bill No. 1733, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1736, by Representatives Horn, Cairnes, Hickel, Mitchell, L. Thomas and Thompson

Revising regulation of commercial driving instructors.

The bill was read the second time. There being no objection, Substitute House Bill No. 1736 was substituted for House Bill No. 1736 and the substitute bill was placed on second reading.

Substitute House Bill No. 1736 was read the second time.

With the consent of the House, amendment number 384 to Substitute House Bill No. 1736 was withdrawn.

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

Representative Cairnes spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1736.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1736, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.

Substitute House Bill No. 1736, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1769, by Representatives Mielke, Morris, Campbell, Appelwick, Benton, Kremen, Fuhrman, Mulliken, G. Fisher, Basich, Brumsickle, Van Luven, Skinner, Grant, Boldt, Hymes, Carrell, Chandler, Beeksma, L. Thomas, Foreman, McMahan, Schoesler, Blanton and Thompson

Lowering business and occupation tax for insurance business.

The bill was read the second time. There being no objection, Substitute House Bill No. 1769 was substituted for House Bill No. 1769 and the substitute bill was placed on second reading.

Substitute House Bill No. 1769 was read the second time.

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

Representatives Mielke and Appelwick spoke in favor of passage of the bill.

POINT OF PERSONAL PRIVILEGE

Representative Smith: Thank you Mr. Speaker. As an Insurance Agent in my normal life, is it a conflict of interest to vote on this bill?

The Speaker (Representative Horn presiding): Representative Smith, because you are in no position unique from any other agent in this area you should vote.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1769.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1769, and the bill passed the House by the following vote: Yeas - 91, Nays - 7, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.

Voting nay: Representatives Chopp, Cody, Cole, Dickerson, Rust, Sommers and Thibaudeau - 7.

Substitute House Bill No. 1769, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1771, by Representatives Hickel, Basich, Padden, Kremen, Chappell and Carrell

Requiring a handling fee to be paid when a check is dishonored.

The bill was read the second time.

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

Representatives Hickel and Padden spoke in favor of passage of the bill.

Representative Costa spoke against passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1771.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1771, and the bill passed the House by the following vote: Yeas - 87, Nays - 11, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Cooke, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria and Mr. Speaker - 87.

Voting nay: Representatives Brown, Chopp, Cole, Conway, Costa, Dellwo, Jacobsen, Mason, Romero, Thibaudeau and Wolfe - 11.

House Bill No. 1771, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1777, by Representatives Radcliff, Carrell, D. Schmidt, Thompson, Goldsmith, Pelesky, McMahan, Johnson, Smith, Fuhrman, Campbell, Lambert, Casada, Lisk, Mulliken, McMorris, Hargrove, Brumsickle, Clements, Silver, Koster, Backlund, Boldt, Hymes, Mitchell, Skinner and Blanton

Requiring specificity in school board resolutions for ballot propositions authorizing indebtedness.

The bill was read the second time. There being no objection, Substitute House Bill No. 1777 was substituted for House Bill No. 1777 and the substitute bill was placed on second reading.

Substitute House Bill No. 1777 was read the second time.

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

Representatives Radcliff and Cole spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1777.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1777, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

Voting nay: Representative Fuhrman - 1.

Substitute House Bill No. 1777, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of House Bill No. 1817 and the bill held it's place on the second reading calendar.

HOUSE BILL NO. 1820, by Representative K. Schmidt

Regulating towing of vehicles.

The bill was read the second time. There being no objection, Substitute House Bill No. 1820 was substituted for House Bill No. 1820 and the substitute bill was placed on second reading.

Substitute House Bill No. 1820 was read the second time.

Representative Lambert moved adoption of the following amendment by Representative Lambert:

On page 2, line 3, after "disabled vehicles" insert "primarily"

Representatives Lambert and K. Schmidt spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representative K. Schmidt spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1820.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1820, and the bill passed the House by the following vote: Yeas - 88, Nays - 10, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Lisk, Mason, Mastin, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Talcott, Thibaudeau, Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 88.

Voting nay: Representatives Beeksma, Crouse, Fuhrman, Koster, McMahan, McMorris, Pennington, Sherstad, Stevens and Thomas, B. - 10.

Engrossed Substitute House Bill No. 1820, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of House Bill No. 1851 and House Bill No. 1860 and the bills held their place on the second reading calendar.

HOUSE BILL NO. 1879, by Representative Boldt

Revising provision for costs of support, treatment, and confinement of juvenile offenders.

The bill was read the second time.

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

Representative Boldt spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1879.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1879, and the bill passed the House by the following vote: Yeas - 92, Nays - 6, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.

Voting nay: Representatives Beeksma, Crouse, Goldsmith, Hargrove, Koster and Sherstad - 6.

House Bill No. 1879, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1880, by Representatives Boldt, Benton, Schoesler, L. Thomas, Carrell, Johnson, Radcliff, Blanton, McMahan, Campbell, Smith, Honeyford, Silver and Thompson

Making persons convicted of certain crimes relating to receipt of public assistance ineligible for public assistance for five years.

The bill was read the second time. There being no objection, Substitute House Bill No. 1880 was substituted for House Bill No. 1880 and the substitute bill was placed on second reading.

Substitute House Bill No. 1880 was read the second time.

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

Representatives Boldt and Cooke spoke in favor of passage of the bill.

Representative Thibaudeau spoke against passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1880.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1880, and the bill passed the House by the following vote: Yeas - 84, Nays - 14, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven and Mr. Speaker - 84.

Voting nay: Representatives Brown, Chopp, Cody, Cole, Dellwo, Fisher, R., Mason, Regala, Romero, Rust, Thibaudeau, Tokuda, Veloria and Wolfe - 14.

Substitute House Bill No. 1880, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1889, by Representatives L. Thomas, Backlund, Huff and Chappell; by request of State Auditor

Administering the office of the state auditor.

The bill was read the second time.

There being no objection, the committee amendment was adopted. Committee on Government Operations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 52nd Day, March 1, 1995.)

Representative L. Thomas moved adoption of the following amendment by Representative L. Thomas:

On page 9, line 22, after "account." strike all material down to and including "expenditures" on line 27 and insert "Funds in the municipal revolving ((fund)) account will be spent only after appropriation by the legislature. Such appropriated funds shall be administered by the ((division of municipal corporations)) state auditor"

Representative L. Thomas spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representative L. Thomas spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1889.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1889, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

Voting nay: Representative Hargrove - 1.

Engrossed House Bill No. 1889, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1913, by Representatives Van Luven, Sheldon and Smith

Providing sales and use tax exemptions for film and video production companies.

The bill was read the second time. There being no objection, Substitute House Bill No. 1913 was substituted for House Bill No. 1913 and the substitute bill was placed on second reading.

Substitute House Bill No. 1913 was read the second time.

Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:

On page 2, after line 12, insert the following:

"(3) The exemption provided for in this section shall not apply to rental of production equipment, or the sale of production services, to a motion picture or video production business that is engaged, to any degree, in the production of erotic material, as defined in RCW 9.68.050."

On page 2, after line 25, insert the following:

"(3) The exemption provided for in this section shall not apply to the use of production equipment rented to, or production equipment acquired and used by, a motion picture or video production business that is engaged, to any degree, in the production of erotic material, as defined in RCW 9.68.050."

Representatives G. Fisher and Van Luven spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representatives Van Luven and Beeksma spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1913.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1913, and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

Voting nay: Representatives Pennington and Rust - 2.

Engrossed Substitute House Bill No. 1913, having received the constitutional majority, was declared passed.

POINT OF PERSONAL PRIVILEGE

Representative Lisk: As we go into the final hours before cut off, I want you all to understand that sometimes I sit her and look around at the counties and I think of the various places we come from, from all around the state and I appreciate everyone of you. And I think the next couple of days, maybe the next day to be very difficult. And I want us all to consider that we bring issues from all of our districts here, they are difficult issues and we hammer them out, and I just want you to know I appreciate everyone of you. The reason I'm saying this is I want to let you know a little bit about my background and why I'm up here talking. It's obviously an emotional moment for me.

My mother is an immigrant, she came to the United States from Great Britain, she is now an American citizen, and unfortunately she can't be with us here today but there are members of my family here that are visiting from Great Britain. And we had quite a time this weekend talking about their House of Commons and it brought it home to me how I appreciate each and everyone of you. Because when someone is recognized in the House of Commons, my cousin told me that what one of the first things that the opposition party does it usually let out a loud belch, that's how they start their debates in Great Britain.

And when you flip over to the House of Lords and their peerage and those appointed positions by the Queen, you can scan the audience and for those that are there they're usually sprawled out and asleep and not doing the business of the land. And so, I think as we go into those most difficult hours, when we discuss those difficult issues in front of us, when we take those votes that probably are going to be continuous but we are representing those that send us here to express their views and our own personal beliefs on those views. I just want you to know that I appreciate you and I think we'll get through it.

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

MESSAGES FROM THE SENATE

March 13, 1995

Mr. Speaker:

The Senate has passed:

SECOND SUBSTITUTE SENATE BILL NO. 5159,

SUBSTITUTE SENATE BILL NO. 5164,

SENATE BILL NO. 5208,

SENATE BILL NO. 5256,

SUBSTITUTE SENATE BILL NO. 5331,

SUBSTITUTE SENATE BILL NO. 5359,

SENATE BILL NO. 5399,

SUBSTITUTE SENATE BILL NO. 5400,

SUBSTITUTE SENATE BILL NO. 5402,

SENATE BILL NO. 5474,

SUBSTITUTE SENATE BILL NO. 5477,

SENATE BILL NO. 5500,

SUBSTITUTE SENATE BILL NO. 5545,

ENGROSSED SENATE BILL NO. 5546,

SUBSTITUTE SENATE BILL NO. 5854,

SUBSTITUTE SENATE BILL NO. 5858,

SUBSTITUTE SENATE BILL NO. 5889,

SUBSTITUTE SENATE BILL NO. 5977,

SENATE JOINT MEMORIAL NO. 8004,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

March 11, 1995

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5108,

SUBSTITUTE SENATE BILL NO. 5167,

SUBSTITUTE SENATE BILL NO. 5214,

SUBSTITUTE SENATE BILL NO. 5305,

SUBSTITUTE SENATE BILL NO. 5403,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5466,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5685,

SUBSTITUTE SENATE BILL NO. 5735,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5875,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5916,

ENGROSSED SENATE BILL NO. 5920,

ENGROSSED SENATE BILL NO. 5962,

and the same are herewith transmitted

Brad Hendrickson, Deputy Secretary

March 13, 1995

Mr. Speaker:

The Senate has passed:

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5033,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5190,

SUBSTITUTE SENATE BILL NO. 5234,

ENGROSSED SENATE BILL NO. 5276,

SUBSTITUTE SENATE BILL NO. 5435,

SUBSTITUTE SENATE BILL NO. 5472,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5605,

SUBSTITUTE SENATE BILL NO. 5660,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5901,

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8015,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

March 11, 1995

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5043,

SUBSTITUTE SENATE BILL NO. 5084,

SUBSTITUTE SENATE BILL NO. 5126,

SUBSTITUTE SENATE BILL NO. 5175,

SENATE BILL NO. 5229,

SENATE BILL NO. 5282,

SUBSTITUTE SENATE BILL NO. 5336,

SECOND SUBSTITUTE SENATE BILL NO. 5497,

SUBSTITUTE SENATE BILL NO. 5537,

SUBSTITUTE SENATE BILL NO. 5680,

SUBSTITUTE SENATE BILL NO. 5747,

SUBSTITUTE SENATE BILL NO. 5769,

SUBSTITUTE SENATE BILL NO. 5773,

SENATE BILL NO. 5871,

SENATE BILL NO. 5990,

SUBSTITUTE SENATE BILL NO. 6002,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

March 13, 1995

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5238,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5258,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5262,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5448,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5502,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5597,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5616,

SUBSTITUTE SENATE BILL NO. 5688,

ENGROSSED SENATE BILL NO. 5768,

SUBSTITUTE SENATE BILL NO. 5825,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6009,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

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

INTRODUCTIONS AND FIRST READING

HB 2078 by Representatives Dyer and Thibaudeau

AN ACT Relating to respiratory care; amending RCW 18.89.010, 18.89.020, 18.89.040, 18.89.050, 18.89.060, 18.89.080, 18.89.090, 18.89.110, 18.89.120, and 18.89.140; reenacting and amending RCW 18.120.020 and 18.130.040; adding a new section to chapter 18.89 RCW; repealing RCW 18.89.130 and 18.89.900; providing an effective date; and declaring an emergency.

Referred to Committee on Health Care.

E2SSB 5033 by Senate Committee on Ways & Means (originally sponsored by Senators Rasmussen, Morton, Snyder, Loveland, Newhouse, A. Anderson and Hochstatter)

Establishing a commission on pesticide registration.

Referred to Committee on Agriculture & Ecology.

SB 5043 by Senators Winsley and Haugen

Revising procedures for adoption of codes and statutes by reference by code cities.

Referred to Committee on Government Operations.

SSB 5084 by Senate Committee on Transportation (originally sponsored by Senators Drew, Prince, Haugen, Wood, Fairley, Franklin, Deccio and Sheldon; by request of Department of General Administration)

Reducing commute trips.

Referred to Committee on Transportation.

SB 5108 by Senators Snyder, Winsley and Palmer

Concerning the hunter education training program.

Referred to Committee on Natural Resources.

SSB 5126 by Senate Committee on Natural Resources (originally sponsored by Senators Drew, Oke and Owen; by request of Department of Fish and Wildlife)

Authorizing retention of specified moneys recovered through forfeitures or court-ordered restitution.

Referred to Committee on Natural Resources.

2SSB 5159 by Senate Committee on Ways & Means (originally sponsored by Senators Owen, Oke, Haugen and Hochstatter)

Creating the warm water game fish enhancement program.

Referred to Committee on Natural Resources.

SSB 5164 by Senate Committee on Law & Justice (originally sponsored by Senator Smith)

Allowing a conformed copy of certain orders to be served.

Referred to Committee on Law & Justice.

SSB 5167 by Senate Committee on Law & Justice (originally sponsored by Senator Smith)

Allowing service of process on a marital community by serving either spouse.

Referred to Committee on Law & Justice.

SSB 5175 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Pelz and Deccio; by request of Liquor Control Board)

Permitting certain retail liquor licensees to be licensed as manufacturers.

Referred to Committee on Commerce & Labor.

ESSB 5190 by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Pelz, Smith and Heavey)

Making it a crime to tattoo a person under age eighteen without parental consent.

Referred to Committee on Law & Justice.

SB 5208 by Senators Haugen and Winsley

Allowing premiums, charges, and costs of title insurance and searches regarding foreclosure of liens for charges by sewer and water districts.

Referred to Committee on Government Operations.

SSB 5214 by Senate Committee on Law & Justice (originally sponsored by Senators Smith, C. Anderson, Winsley, Haugen and Kohl)

Making admissible childrens' statements concerning acts of physical abuse.

Referred to Committee on Law & Justice.

SB 5229 by Senators Owen, Prince and Haugen; by request of Department of Transportation

Authorizing tuition waivers for ferry employees.

Referred to Committee on Higher Education.

SSB 5234 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Smith, Long, Haugen and Kohl; by request of Department of Social and Health Services)

Modifying eligibility for juvenile offender basic training camp option.

Referred to Committee on Corrections.

SB 5238 by Senators Oke and Haugen

Eliminating the primary in park and recreation district elections.

Referred to Committee on Government Operations.

SB 5256 by Senator Owen

Revising the list of programs to be reviewed by community networks for possible decategorization.

Referred to Committee on Children & Family Services.

ESSB 5258 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long, Franklin and McAuliffe)

Making technical revisions to community public health and safety networks.

Referred to Committee on Children & Family Services.

E2SSB 5262 by Senate Committee on Ways & Means (originally sponsored by Senators Haugen, Winsley, Drew, Sheldon, Heavey, McCaslin, Rasmussen, Wood, Franklin, Loveland, McAuliffe, Oke, Gaspard, Deccio, Bauer, Moyer, Owen, Palmer and Hochstatter)

Creating an ombudsman office for private property rights.

Referred to Committee on Government Operations.

ESB 5276 by Senators McAuliffe, Drew, Bauer, Hochstatter, Sutherland, Long, Pelz, Rasmussen, Haugen, Fairley, Winsley and Kohl

Changing references from "handicapped" to "with disabilities" in the common school education code.

Referred to Committee on Education.

SB 5282 by Senators Fraser and Newhouse; by request of Department of Revenue

Modifying department of revenue tax information disclosure regulations.

Referred to Committee on Finance.

SSB 5305 by Senate Committee on Transportation (originally sponsored by Senators Heavey, Schow, Sheldon, Oke, Wood and Winsley)

Authorizing the director of licensing to use county auditors and subagents for additional licensing tasks.

Referred to Committee on Transportation.

SSB 5331 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Franklin, Moyer, Fairley, Winsley, Wojahn, C. Anderson, Kohl and Fraser)

Enhancing bicycle safety.

Referred to Committee on Transportation.

SSB 5336 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators McAuliffe, Moyer, Fairley and Winsley; by request of Department of Health)

Regulating food industry safety.

Referred to Committee on Health Care.

SSB 5359 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Sheldon, Cantu, Rasmussen, Winsley and A. Anderson)

Creating a self-employment income support program.

Referred to Committee on Commerce & Labor.

SB 5399 by Senators Pelz and Franklin; by request of Department of Labor & Industries

Refining industrial insurance actions.

Referred to Committee on Commerce & Labor.

SSB 5400 by Senate Committee on Law & Justice (originally sponsored by Senators Smith, C. Anderson, Haugen and Winsley; by request of Department of Labor & Industries)

Providing for reimbursements to the department of labor and industries related to crime victim compensation.

Referred to Committee on Law & Justice.

SSB 5402 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Pelz and Franklin; by request of Department of Labor & Industries)

Revising provisions related to industrial insurance penalties.

Referred to Committee on Commerce & Labor.

SSB 5403 by Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser, A. Anderson, Rasmussen, Prince, Spanel, Morton, Loveland, Swecker, Snyder, Palmer, Owen, Quigley and Roach)

Establishing the Washington state horse park.

Referred to Committee on Natural Resources.

SSB 5435 by Senate Committee on Financial Institutions & Housing (originally sponsored by Senators Prentice, Hale, Fraser, Franklin, C. Anderson and Kohl; by request of Insurance Commissioner)

Restricting limitations in certain medicare policies.

Referred to Committee on Health Care.

E2SSB 5448 by Senate Committee on Ways & Means (originally sponsored by Senators Fraser, Hochstatter, Sutherland and Winsley; by request of Department of Health)

Modifying provisions for public water system regulation.

Referred to Committee on Agriculture & Ecology.

ESSB 5466 by Senate Committee on Law & Justice (originally sponsored by Senators Smith, Oke, Heavey, Winsley and Franklin)

Protecting children from sexually explicit films, publications, and devices.

Referred to Committee on Law & Justice.

SSB 5472 by Senate Committee on Energy, Telecommunications & Utilities (originally sponsored by Senators Wojahn, Winsley, Haugen, Wood, Gaspard, Sheldon and Sutherland)

Providing for utility liens.

Referred to Committee on Government Operations.

SB 5474 by Senators Fraser and Hargrove

Restoring service credit.

Referred to Committee on Appropriations.

SSB 5477 by Senate Committee on Law & Justice (originally sponsored by Senators Spanel, Smith, Haugen, Winsley and Franklin)

Providing a family health history for children upon the dissolution of a marriage.

Referred to Committee on Law & Justice.

2SSB 5497 by Senate Committee on Ways & Means (originally sponsored by Senators McAuliffe, Fraser, Spanel, C. Anderson and Kohl)

Assessing a fee and providing recycling incentive payments on automotive motor oil sold.

Referred to Committee on Agriculture & Ecology.

SB 5500 by Senators Smith, Long and Gaspard; by request of Attorney General

Clarifying the method of execution to be used in Washington state.

Referred to Committee on Law & Justice.

ESSB 5502 by Senate Committee on Transportation (originally sponsored by Senators Rinehart, Owen, Prince and Fairley)

Requiring safety equipment on certain service and delivery vehicles.

Referred to Committee on Transportation.

SSB 5537 by Senate Committee on Education (originally sponsored by Senators McAuliffe, Pelz, Rasmussen, Kohl and Wojahn; by request of Board of Education)

Changing teacher preparation provisions.

Referred to Committee on Education.

SSB 5545 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Sheldon, Cantu, Rasmussen and Kohl)

Allowing businesses in this state to participate in the small business innovation research program.

Referred to Committee on Trade & Economic Development.

ESB 5546 by Senator Snyder

Revising the affidavits required for marriage licenses.

Referred to Committee on Law & Justice.

ESSB 5597 by Senate Committee on Law & Justice (originally sponsored by Senators C. Anderson, Roach, Smith, Schow, McCaslin, Pelz, Hargrove, Long and Johnson)

Copying public records.

Referred to Committee on Government Operations.

ESSB 5605 by Senate Committee on Higher Education (originally sponsored by Senators Owen, Bauer, Sheldon, Wood, McAuliffe, Prince, Heavey, Drew, Winsley, Palmer, Deccio, Oke, Prentice and Schow)

Prohibiting drug and alcohol use in state-owned college and university residences.

Referred to Committee on Higher Education.

ESSB 5616 by Senate Committee on Natural Resources (originally sponsored by Senators Gaspard, Sellar, Haugen, Hochstatter, Drew, A. Anderson, Swecker, Newhouse, Deccio, Rasmussen, Winsley and Morton)

Establishing a single-application process for watershed restoration projects.

Referred to Committee on Natural Resources.

SSB 5660 by Senate Committee on Financial Institutions & Housing (originally sponsored by Senators Prentice, Hale, Snyder, Sellar, Fraser, Kohl and Winsley)

Providing for heating oil liability protection.

Referred to Committee on Financial Institutions & Insurance.

SSB 5680 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long, Franklin, Kohl and Winsley; by request of Department of Social and Health Services)

Modifying licensing enforcement for child care agencies.

Referred to Committee on Children & Family Services.

ESSB 5685 by Senate Committee on Transportation (originally sponsored by Senators Long, Haugen, Wood, Kohl, Prince, Fraser, Owen, Schow, Sellar, Heavey, Rasmussen, Winsley and Sheldon)

Updating regulation of salvaged vehicles.

Referred to Committee on Transportation.

SSB 5688 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long, Franklin, Rasmussen, C. Anderson, Kohl, Prentice, McAuliffe, Fairley, Drew, Smith, Heavey, Sheldon, Wojahn, Bauer and Winsley)

Improving screening for fetal alcohol syndrome.

Referred to Committee on Health Care.

SSB 5735 by Senate Committee on Government Operations (originally sponsored by Senators West, Winsley, McCaslin, Haugen, Deccio, Hochstatter, Palmer, Roach, Schow, Wood, Hale, Strannigan and Fraser)

Paying county fees by credit cards.

Referred to Committee on Government Operations.

SSB 5747 by Senate Committee on Financial Institutions & Housing (originally sponsored by Senators Sheldon, Roach, Sellar and Fraser)

Regulating housing authorities.

Referred to Committee on Trade & Economic Development.

ESB 5768 by Senator Pelz; by request of Employment Security Department

Revising provision relating to deductions from unemployment benefits for unavailability.

Referred to Committee on Commerce & Labor.

SSB 5769 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senator Deccio; by request of Employment Security Department)

Revising provision on recovery of unemployment insurance overpayments.

Referred to Committee on Commerce & Labor.

SSB 5773 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Pelz, Newhouse and Deccio; by request of Employment Security Department)

Revising provision relating to charges against industrial insurance awards.

Referred to Committee on Commerce & Labor.

SSB 5825 by Senate Committee on Transportation (originally sponsored by Senators Fairley and Kohl)

Enhancing bicycle and pedestrian transportation.

Referred to Committee on Transportation.

SSB 5854 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Haugen, Spanel, Wood, Prentice, Winsley, Rasmussen, Hale, Kohl, McCaslin, Fairley, Long, Loveland, Franklin, Roach, Moyer, Quigley, McAuliffe, Drew and Wojahn)

Requiring that health plans must allow women a choice of primary care providers.

Referred to Committee on Health Care.

SSB 5858 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Prentice, Heavey, Franklin, Wojahn, Fairley, Snyder and McAuliffe)

Providing for prompt payment of industrial insurance awards.

Referred to Committee on Commerce & Labor.

SB 5871 by Senators Pelz, Hale, Fraser, Newhouse and Deccio

Clarifying the terms of the members of the advisory board of plumbers.

Referred to Committee on Commerce & Labor.

ESSB 5875 by Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser and Fairley)

Regulating wetlands mitigation banks.

Referred to Committee on Agriculture & Ecology.

SSB 5889 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Fairley and Kohl)

Enacting the frail elderly and vulnerable adult civil protection act.

Referred to Committee on Health Care.

ESSB 5901 by Senate Committee on Government Operations (originally sponsored by Senators Spanel, Haugen and Rasmussen)

Clarifying the authorized uses of the special excise tax on lodging.

Referred to Committee on Finance.

ESSB 5916 by Senate Committee on Education (originally sponsored by Senators McAuliffe, Kohl and Pelz)

Requiring school districts to have racial harassment policies.

Referred to Committee on Education.

ESB 5920 by Senators Franklin, Pelz, McAuliffe, Rasmussen, Snyder, Winsley, Fairley and C. Anderson

Authorizing delegation of nursing care tasks in public schools.

Referred to Committee on Health Care.

ESB 5962 by Senators Rasmussen and Newhouse

Changing dairy products regulations.

Referred to Committee on Agriculture & Ecology.

SSB 5977 by Senate Committee on Government Operations (originally sponsored by Senators Loveland, Haugen, Long, Smith and Winsley)

Revising administration of forensic investigations.

Referred to Committee on Law & Justice.

SB 5990 by Senators Long, Bauer, Cantu, Rinehart, Newhouse, Winsley, Wood, Deccio, Johnson, Finkbeiner, Loveland and Hochstatter

Requiring public notice regarding excess compensation.

Referred to Committee on Appropriations.

SSB 6002 by Senate Committee on Higher Education (originally sponsored by Senators Bauer, Wood, Rinehart and Kohl; by request of State Board for Community and Technical Colleges)

Changing community and technical college tuition refund and fee cancellation provisions.

Referred to Committee on Higher Education.

ESSB 6009 by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Rasmussen, Loveland, Finkbeiner, Morton, Bauer, McAuliffe, Drew and Kohl)

Creating the malt beverage commission.

Referred to Committee on Agriculture & Ecology.

SJM 8004 by Senator Heavey

Requesting Congress to direct rejection of Puyallup tribe gaming requests without tribal-state compacts.

Referred to Committee on Commerce & Labor.

SSJM 8015 by Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser, Swecker, Oke, McDonald, Wojahn, Deccio, McAuliffe, Hargrove, Rasmussen and Winsley)

Requesting a variance in order to preserve man-made wetlands.

Referred to Committee on Agriculture & Ecology.

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

There being no objection, all House bills passed today will be transmitted to the Senate with the exception of Engrossed Substitute House Bill No. 1135.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

There being no objection, the House considered the following bills in the following order: House Bill No. 1921, House Bill No. 1941, House Bill No. 1967 and House Bill No. 1749.

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

SECOND READING

HOUSE BILL NO. 1921, by Representatives Benton, Elliot, Chopp, Thompson, Carlson, D. Schmidt, Ogden and Mason

Providing for existing general aviation airport land use encroachment planning.

The bill was read the second time. There being no objection, Substitute House Bill No. 1921 was substituted for House Bill No. 1921 and the substitute bill was placed on second reading.

Substitute House Bill No. 1921 was read the second time.

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

Representatives Benton, Elliot, Patterson, Ogden and R. Fisher spoke in favor of passage of the bill.

Representative Chandler spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1921.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1921, and the bill passed the House by the following vote: Yeas - 60, Nays - 37, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Carlson, Carrell, Chappell, Chopp, Cody, Cole, Conway, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Grant, Hankins, Hatfield, Huff, Jacobsen, Kessler, Lambert, Mason, Mastin, Mielke, Mitchell, Morris, Ogden, Patterson, Pennington, Poulsen, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Scott, Sherstad, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 60.

Voting nay: Representatives Basich, Beeksma, Cairnes, Campbell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Horn, Hymes, Johnson, Koster, Kremen, Lisk, McMahan, McMorris, Mulliken, Padden, Pelesky, Quall, Radcliff, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Stevens and Thompson - 37.

Excused: Representative Costa - 1.

Substitute House Bill No. 1921, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1941, by Representatives Johnson, Brumsickle, Talcott and Thompson

Improving student learning by focusing on reading literacy.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1941 was substituted for House Bill No. 1941 and the second substitute bill was placed on second reading.

Second Substitute House Bill No. 1941 was read the second time.

Representative Cole moved adoption of the following amendment by Representative Cole:

On page 2, beginning on line 14, strike all of subsection (4)

Representatives Cole, Johnson, G. Fisher and Quall spoke in favor of the adoption of the amendment.

Representative Beeksma spoke against passage of the bill.

A division was called. The Speaker called on the House to divide. The results of the division was: YEAS-41; NAYS-56. The amendment was not adopted.

Representative Johnson moved adoption of the following amendment by Representative Johnson:

On page 2, after line 16, insert the following:

"(5) Special education students are exempted from the requirements of this section. A student also may be exempted from attaining the reading standard before entering fourth grade with the agreement of a parent of the student and the student's teacher."

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

Representatives Cole and Ebersole spoke against the adoption of the amendment.

There being no objection, the House deferred further consideration of Second Substitute House Bill No. 1941 and the bill held it's place on the second reading calendar.

HOUSE BILL NO. 1967, by Representatives Romero, Robertson, R. Fisher, K. Schmidt, Tokuda, Chopp, Patterson, Regala, Hatfield, Wolfe, Cole, Dellwo, Valle and Ogden

Increasing penalties for repeat violations of vehicle licensing requirements.

The bill was read the second time. There being no objection, Substitute House Bill No. 1967 was substituted for House Bill No. 1967 and the substitute bill was placed on second reading.

Substitute House Bill No. 1967 was read the second time.

Representative Romero moved adoption of the following amendment by Representative Romero:

On page 8, line 35 after "purposes." strike all material through line 39 and insert the following:

The disclosure shall be made only in response to a search warrant, subpoena, or other court order, unless the disclosure is for the purpose of criminal tax enforcement. A peace officer or county prosecuting attorney who receives such return or tax information may disclose that return or tax information only for use in the investigation and any related court proceeding, or in the court proceeding for which the return or tax information originally was sought;

Representatives Romero and Robertson spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representatives Romero and Cairnes spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1967.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1967, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.

Engrossed Substitute House Bill No. 1967, having received the constitutional majority, was declared passed.

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

THIRD READING

MOTION

On motion of Representative Padden, the rules were suspended, and House Bill No. 1749 was returned to second reading for the purpose of an amendment.

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

SECOND READING

HOUSE BILL NO. 1749, by Representatives Clements, Lisk, Blanton, Chandler, Lambert, Honeyford, Sheldon, Horn, Skinner, Hargrove, Fuhrman, Stevens, Radcliff, Huff, Schoesler and Backlund

Defining misconduct for unemployment insurance purposes.

The bill was read the second time.

Representative Clements moved adoption of the following amendment by Representative Clements:

On page 2, beginning on line 1, strike all of subsections (a) through (c) and insert the following:

"(a) Has a reasonable and direct relation to the conduct of the employer's business;

(b) Results in some harm to the employer's interest;

(d) Meets the requirements of subsection (1)(a) and (b) of this section.

(3) If a determination of an allowance of benefits is appealed by an employer on the grounds that the employee's conduct was misconduct that violated an unwritten rule of the employer, this subsection shall apply. The employer shall have the burden of establishing by a preponderance of the evidence that: (a) Except for the requirement of a written rule, the requirements of subsection (1) or (2) of this section, whichever applies, are met; and (b) as established by at least two competent witnesses, both the rule in issue and the expectation that the rule would be followed were communicated to the employee."

Representatives Clements and Mastin spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representatives Clements and K. Schmidt spoke in favor of passage of the bill.

Representatives Romero and Conway spoke against passage of the bill.

POINT OF INQUIRY

Representative Clements yielded to a question by Representative K. Schmidt.

Representative K. Schmidt: Does House Bill No. 1749 disqualify a person from unemployment benefits if the person is fired for engaging in legal activity off-the-job, such as smoking at home?

Representative Clements: No. To be disqualifying, the employee's activity must have a reasonable and direct relation to the conduct of the employer's business and must result in some harm to the employer's interest.

This is a very high standard that is very difficult to meet. The Washington Supreme Court established this standard for off-the-job conduct and suggested that it would rarely be used. In refusing to rule out the possibility of disqualification based on off-the-job conduct, the court stated "[t]here may well be occasions when a reasonable person would conclude [that] misconduct off the job is in fact connected with the work of the employee."

By adopting this bill, we are adopting the court's test and allowing the possibility of a disqualification in those unusual circumstances where the employee's off-the-job conduct has a direct and harmful bearing on the employer's business.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1749.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1749, and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 62.

Voting nay: Representatives Appelwick, Basich, Brown, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Hatfield, Jacobsen, Kessler, Kremen, Mason, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Smith, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 36.

Engrossed House Bill No. 1749, having received the constitutional majority, was declared passed.

There being no objection, the House considered the following bills in the following order: House Bill No. 1271, House Bill No. 1589, House Bill No. 1659, House Bill No. 2072, Substitute House Bill No. 1523, House Bill No. 1546 and House Bill No. 1851.

HOUSE BILL NO. 1271, by Representatives Morris, Blanton, Grant, Schoesler, Sheldon, Sherstad, Quall, Carlson, Hatfield, Mulliken, Elliot, Stevens, McMorris, Backlund, Johnson, Talcott, Kremen and Radcliff

Regulating public agency lobbyists.

The bill was read the second time.

Representative Chopp moved adoption of the following amendment by Representative Chopp:

On page 2, line 9, strike "an" and insert "a state"

On page 3, beginning on line 10, strike "agency head or one authorized designee" and insert "state agency head or one authorized designee, or the local agency,"

On page 3, beginning on line 19, strike "agency head or one authorized designee" and insert "state agency head or one authorized designee, or the local agency"

On page 5, line 9, beginning with "((In" strike all the matter through "C))" on line 20, and insert "In-person lobbying on behalf of ((an)) a local agency of no more than four days or parts thereof during any three-month period by officers or employees of that local agency and in-person lobbying by any elected official of such local agency on behalf of such agency or in connection with the powers, duties, or compensation of such official: PROVIDED, That the total expenditures of nonpublic funds made in connection with such lobbying for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington do not exceed fifteen dollars for any three-month period: PROVIDED FURTHER, That the exemption under this subsection is in addition to the exemption provided in (A) of this subsection;

(C)"

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

The amendment was not adopted.

Representative Schoesler moved adoption of the following amendment by Representative Schoesler:

On page 2, line 9, strike "an agency" and insert "a local agency with a population of forty-five thousand or more, or a state agency"

On page 3, beginning on line 10, strike "agency head or one authorized designee" and insert "state agency head or one authorized designee, or the head of a local agency with a population of forty-five thousand or more or one authorized designee of such a local agency,"

On page 3, beginning on line 19, strike "agency head or one authorized designee" and insert "state agency head or one authorized designee, or the head of a local agency with a population of forty-five thousand or more or one authorized designee of such a local agency,"

On page 5, line 9, beginning with "((In" strike all the matter through "C))" on line 20, and insert "In-person lobbying on behalf of ((an)) a local agency with a population of less than forty-five thousand of no more than four days or parts thereof during any three-month period by officers or employees of that local agency with a population of less than forty-five thousand and in-person lobbying by any elected official of such local agency on behalf of such agency or in connection with the powers, duties, or compensation of such official: PROVIDED, That the total expenditures of nonpublic funds made in connection with such lobbying for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington do not exceed fifteen dollars for any three-month period: PROVIDED FURTHER, That the exemption under this subsection is in addition to the exemption provided in (A) of this subsection;

(C)"

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

Representative Rust spoke against the adoption of the amendment.

A division was called. The Speaker called on the House to divide. The results of the division was: YEAS-47; NAYS-51. The amendment was not adopted.

Representative Morris moved adoption of the following amendment by Representative Morris:

On page 2, line 29, after "amended))" insert "; and

(10) Persons who lobby whose expenses are paid out of student services and activities fees budgeted and approved under RCW 28B.15.045"

Representatives Morris and Mulliken spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representatives Morris, K. Schmidt, D. Schmidt, Carrell and Hargrove spoke in favor of passage of the bill.

Representatives Rust, Thibaudeau and Appelwick spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1271.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1271, and the bill passed the House by the following vote: Yeas - 70, Nays - 28, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 70.

Voting nay: Representatives Appelwick, Basich, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Jacobsen, Mason, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 28.

Engrossed House Bill No. 1271, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1589, by Representatives Backlund and Dyer

Providing health care quality assurance.

The bill was read the second time. There being no objection, Substitute House Bill No. 1589 was substituted for House Bill No. 1589 and the substitute bill was placed on second reading.

Substitute House Bill No. 1589 was read the second time.

Representative Dyer moved adoption of the following amendment by Representative Dyer:

On page 15, after "section." on line 2, insert the following:

"NEW SECTION. Sec. 9. A new section is added to chapter 48.43 RCW to read as follows:

"No public or private health care payer subject to the jurisdiction of the state of Washington shall propose, issue, sign, or renew a provider agreement or enrollee service agreement that contains a clause whose effect, in any way, is to disclaim liability for the care delivered or not delivered to an enrollee because of a decision of the payer as to whether the care was a covered service, medically necessary, economically provided, medically appropriate, or similar consideration. Similarly, no clause shall attempt to shift liability for harm caused by such payer decision as to whether care should be delivered, as opposed to paid for, is between the provider and patient alone as if the fact of whether or not care is paid for played little or no role in a patient's decision to obtain care. Nothing in this section shall be inferred to result in liability to anyone for the payer's payment decisions that are consistent with the language of the applicable service agreement or consistent with the cost-effective delivery of health care. The intent of this section is only to prevent payers from shifting their liability for payment decisions to either providers, or enrollees, or both."

Renumber the sections consecutively, correct internal references accordingly.

Representatives Dyer and Dellwo spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Backlund moved adoption of the following amendment by Representative Backlund:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. HOSPITAL DISCHARGE DATA--OTHER DATA REQUIREMENTS. (1) To promote the public interest consistent with the purposes of chapter 492, Laws of 1993 as amended by chapter . . ., Laws of 1995 (this act), the department shall continue to require hospitals to submit hospital financial and patient discharge information, which shall be collected, maintained, analyzed, and disseminated by the department. The department shall, if deemed cost-effective and efficient, contract with a private entity for any or all parts of data collection. Data elements shall be reported in conformance with a uniform reporting system established by the department. This includes data elements identifying each hospital's revenues, expenses, contractual allowances, charity care, bad debt, other income, total units of inpatient and outpatient services, and other financial information reasonably necessary to fulfill the purposes of chapter 492, Laws of 1993 as amended by chapter . . ., Laws of 1995 (this act). Data elements relating to use of hospital services by patients shall be the same as those currently compiled by hospitals through inpatient discharge abstracts. The department shall encourage and permit reporting by electronic transmission or hard copy as is practical and economical to reporters.

(2) In identifying financial reporting requirements, the department may require both annual reports and condensed quarterly reports from hospitals, so as to achieve both accuracy and timeliness in reporting, but shall craft such requirements with due regard of the data reporting burdens of hospitals.

(3) The health care data collected, maintained, and studied by the department shall only be available for retrieval in original or processed form to public and private requestors and shall be available within a reasonable period of time after the date of request. The cost of retrieving data for state officials and agencies shall be funded through the state general appropriation. The cost of retrieving data for individuals and organizations engaged in research or private use of data or studies shall be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or study in the requested form.

(4) The department shall, in consultation and collaboration with the federally recognized tribes, urban or other Indian health service organizations, and the federal area Indian health service, design, develop, and maintain an American Indian-specific health data, statistics information system. The department rules regarding confidentiality shall apply to safeguard the information from inappropriate use or release.

(5) All persons subject to the data collection requirements of chapter 492, Laws of 1993 as amended shall comply with departmental requirements established by rule in the acquisition of data.

NEW SECTION. Sec. 2. HEALTH CARE QUALITY--FINDINGS AND INTENT. The legislature finds that it is difficult for consumers of health care services to determine the quality of health care prior to purchase or utilization of medical care. The legislature also finds that accountability is a key component in promoting quality assurance and quality improvement throughout the health care delivery system, including public programs. Quality assurance and improvement standards are necessary to promote the public interest, contribute to cost efficiencies, and improve the ability of consumers to ascertain quality health care purchases.

The legislature intends to have consumers, health carriers, health care providers and facilities, and public agencies participate in the development of quality assurance and improvement standards that can be used to develop a uniform quality assurance program for use by all public and private health plans, providers, and facilities. To that end, in conducting the study required under section 3 of this act, the department of health shall:

(1) Consider the needs of consumers, employers, health care providers and facilities, and public and private health plans;

(2) Take full advantage of existing national standards of quality assurance to extend to middle-income populations the protections required for state management of health programs for low-income populations;

(3) Consider the appropriate minimum level of quality assurance standards that should be disclosed to consumers and employers by health care providers and facilities, and public and private health plans; and

(4) Consider standards that permit health care providers and facilities to share responsibility for participation in a uniform quality assurance program.

NEW SECTION. Sec. 3. UNIFORM QUALITY ASSURANCE. (1) The department of health shall study the feasibility of a uniform quality assurance and improvement program for use by all public and private health plans and health care providers and facilities. In this study, the department shall consult with:

(a) Public and private purchasers of health care services;

(b) Health carriers;

(d) Consumers of health services.

(2) In conducting the study, the department shall propose standards that meet the needs of affected persons and organizations, whether public or private, without creation of differing levels of quality assurance. All consumers of health services should be afforded the same level of quality assurance.

(3) At a minimum, the study shall include but not be limited to the following program components and indicators appropriate for consumer disclosure:

(a) Health care provider training, credentialing, and licensure standards;

(b) Health care facility credentialing and recredentialing;

(d) Annual mortality and morbidity rates of cases based on a defined set of procedures performed or diagnoses treated in health care facilities, adjusted to fairly consider variable factors such as patient demographics and case severity;

(e) The average total cost and average length of hospital stay for a defined set of procedures and diagnoses;

(f) The total number of the defined set of procedures, by specialty, performed by each physician at a health care facility within the previous twelve months;

(g) Utilization performance profiles by provider, both primary care and specialty care, that have been adjusted to fairly consider variable factors such as patient demographics and severity of case;

(h) Health plan fiscal performance standards;

(i) Health care provider and facility recordkeeping and reporting standards;

(j) Health care utilization management that monitors trends in health service under-utilization, as well as over-utilization of services;

(k) Health monitoring that is responsive to consumer, purchaser, and public health assessment needs; and

(l) Assessment of consumer satisfaction and disclosure of consumer survey results.

(4) In conducting the study, the department shall develop standards that permit each health care facility, provider group, or health carrier to assume responsibility for and determine the physical method of collection, storage, and assimilation of quality indicators for consumer disclosure. The study may define the forms, frequency, and posting requirements for disclosure of information.

In developing proposed standards under this subsection, the department shall identify options that would minimize provider burden and administrative cost resulting from duplicative private sector data submission requirements. Duplicative burdens imposed by state agencies shall be addressed pursuant to section 4 of this act.

(5) The department shall submit a preliminary report to the legislature by December 31, 1995, including recommendations for initial legislation pursuant to subsection (6) of this section, and shall submit supplementary reports and recommendations as completed, consistent with appropriated funds and staffing.

(6) The department shall not adopt any rule implementing the uniform quality assurance program or consumer disclosure provisions unless expressly directed to do so by an act of law.

NEW SECTION. Sec. 4. QUALITY ASSURANCE--INTERAGENCY COOPERATION--ELIMINATION AND COORDINATION OF DUPLICATE STATE PROGRAMS. No later than July 1, 1995, the department of health together with the health care authority, the department of social and health services, the office of the insurance commissioner, and the department of labor and industries shall form an interagency group for coordination and consultation on quality assurance activities and collaboration on final recommendations for the study required under section 3 of this act. By December 31, 1996, the group shall review all state agency programs governing health service quality assurance, in light of legislative actions pursuant to section 3(6) of this act, and shall recommend to the legislature, the consolidation, coordination, or elimination of rules and programs that would be made unnecessary pursuant to the development of a uniform quality assurance and improvement program.

NEW SECTION. Sec. 5. A new section is added to chapter 18.130 RCW to read as follows:

PRESERVATION OF ETHICAL STANDARDS IN MANAGED CARE CONTRACTING. (1) Any quality assurance commission, professional regulatory board, committee, or professional association for professions subject to RCW 18.130.040, or any other person, may recommend to the secretary the adoption of rules providing for standards of ethical conduct with respect to the terms and conditions of a contract or agreement between a practitioner subject to RCW 18.130.040 and a payer of health services, including but not limited to a carrier regulated under Title 48 RCW. Recommendations shall be considered by the secretary only if the proposed rule would foster strict compliance with standards of patient care, professional conduct, and scopes of practice; would promote quality medical and health practice; or would protect the public health and safety.

(2) The secretary is authorized to adopt rules, pursuant to chapter 34.05 RCW, based upon recommendations made in accordance with subsection (1) of this section. When practical and appropriate and with the approval of the appropriate commission, board, or committee, the secretary shall apply the rules to all practitioners subject to RCW 18.130.040 to promote consistent standards for contracting process between such practitioners and payers of health services.

Sec. 6. RCW 18.130.180 and 1993 c 367 s 22 are each amended to read as follows:

UNPROFESSIONAL CONDUCT--MODIFIED. The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:

(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

(2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

(3) All advertising which is false, fraudulent, or misleading;

(4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed. The use of a nontraditional treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury to a patient or create an unreasonable risk that a patient may be harmed;

(5) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

(6) The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, diversion of controlled substances or legend drugs, the violation of any drug law, or prescribing controlled substances for oneself;

(7) Violation of any state or federal statute or administrative rule regulating the profession in question, including any statute or rule defining or establishing standards of patient care or professional conduct or practice;

(8) Failure to cooperate with the disciplining authority by:

(a) Not furnishing any papers or documents;

(b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed with the disciplining authority; or

(c) Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is the accused in the proceeding;

(9) Failure to comply with an order issued by the disciplinary authority or a stipulation for informal disposition entered into with the disciplinary authority;

(10) Aiding or abetting an unlicensed person to practice when a license is required;

(11) Violations of rules established by any health agency;

(12) Practice beyond the scope of practice as defined by law or rule;

(13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

(14) Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk;

(15) Engaging in a profession involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public health;

(16) Promotion for personal gain of any unnecessary or inefficacious drug, device, treatment, procedure, or service;

(17) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

(18) The procuring, or aiding or abetting in procuring, a criminal abortion;

(19) The offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the disciplining authority;

(20) The willful betrayal of a practitioner-patient privilege as recognized by law;

(21) Violation of chapter 19.68 RCW;

(22) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the disciplining authority or its authorized representative, or by the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

(23) Current misuse of:

(a) Alcohol;

(b) Controlled substances; or

(24) Abuse of a client or patient or sexual contact with a client or patient;

(25) Acceptance of more than a nominal gratuity, hospitality, or subsidy offered by a representative or vendor of medical or health-related products or services intended for patients, in contemplation of a sale or for use in research publishable in professional journals, where a conflict of interest is presented, as defined by rules of the disciplining authority, in consultation with the department, based on recognized professional ethical standards;

(26) Violation of standards of ethics in contracting established under section 5 of this act.

Sec. 7. RCW 42.17.310 and 1994 c 233 s 2 and 1994 c 182 s 1 are each reenacted and amended to read as follows:

RECORDS EXEMPT FROM PUBLIC INSPECTION--MODIFIED. (1) The following are exempt from public inspection and copying:

(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.

(p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.

(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.

(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying if the provider has provided the department with an accurate alternative or business address and telephone number.

(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

(bb) Financial and valuable trade information under RCW 51.36.120.

(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

(ff) Business related information protected from public inspection and copying under RCW 15.86.110.

(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

(hh) Information and documents created specifically for, or collected or maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.

(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

Sec. 8. RCW 43.70.510 and 1993 c 492 s 417 are each amended to read as follows:

QUALITY IMPROVEMENT PROGRAMS--ADDING CERTAIN STATE AGENCIES AND HEALTH CARRIERS. (1)(a) Health care institutions and medical facilities, other than hospitals, that are licensed by the department, professional societies or organizations, ((and certified)) health care service contractors, health maintenance organizations, health ((plans)) carriers approved pursuant to ((RCW 43.72.100)) chapter 48.43 RCW, and any other person or entity providing health care coverage under chapter 48.42 RCW that is subject to the jurisdiction and regulation of any state agency or any subdivision thereof may maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice as set forth in RCW 70.41.200.

(b) All such programs shall comply with the requirements of RCW 70.41.200(1)(a), (c), (d), (e), (f), (g), and (h) as modified to reflect the structural organization of the institution, facility, professional societies or organizations, ((or certified)) health care service contractors, health maintenance organizations, health ((plan)) carriers, or any other person or entity providing health care coverage under chapter 48.42 RCW that is subject to the jurisdiction and regulation of any state agency or any subdivision thereof, unless an alternative quality improvement program substantially equivalent to RCW 70.41.200(1)(a) is developed. All such programs, whether complying with the requirement set forth in RCW 70.41.200(1)(a) or in the form of an alternative program, must be approved by the department before the discovery limitations provided in subsections (3) and (4) of this section and the exemption under RCW 42.17.310(1)(hh) and subsection (5) of this section shall apply. In reviewing plans submitted by licensed entities that are associated with physicians' offices, the department shall ensure that the exemption under RCW 42.17.310(1)(hh) and the discovery limitations of this section are applied only to information and documents related specifically to quality improvement activities undertaken by the licensed entity.

(2) Health care provider groups of ten or more providers may maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice as set forth in RCW 70.41.200. All such programs shall comply with the requirements of RCW 70.41.200(1)(a), (c), (d), (e), (f), (g), and (h) as modified to reflect the structural organization of the health care provider group. All such programs must be approved by the department before the discovery limitations provided in subsections (3) and (4) of this section and the exemption under RCW 42.17.310(1)(hh) and subsection (5) of this section shall apply.

(3) Any person who, in substantial good faith, provides information to further the purposes of the quality improvement and medical malpractice prevention program or who, in substantial good faith, participates on the quality improvement committee shall not be subject to an action for civil damages or other relief as a result of such activity.

(4) Information and documents, including complaints and incident reports, created specifically for, and collected, and maintained by a quality improvement committee are not subject to discovery or introduction into evidence in any civil action, and no person who was in attendance at a meeting of such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings or the documents and information prepared specifically for the committee. This subsection does not preclude: (a) In any civil action, the discovery of the identity of persons involved in the medical care that is the basis of the civil action whose involvement was independent of any quality improvement activity; (b) in any civil action, the testimony of any person concerning the facts that form the basis for the institution of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any civil action by a health care provider regarding the restriction or revocation of that individual's clinical or staff privileges, introduction into evidence information collected and maintained by quality improvement committees regarding such health care provider; (d) in any civil action challenging the termination of a contract by a state agency with any entity maintaining a coordinated quality improvement program under this section if the termination was on the basis of quality of care concerns, introduction into evidence of information created, collected, or maintained by the quality improvement committees of the subject entity, which may be under terms of a protective order as specified by the court; (e) in any civil action, disclosure of the fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons for the restrictions; or (((e))) (f) in any civil action, discovery and introduction into evidence of the patient's medical records required by rule of the department of health to be made regarding the care and treatment received.

(5) Information and documents created specifically for, or collected or maintained by a quality improvement committee are exempt from disclosure under chapter 42.17 RCW.

(6) The department of health shall adopt rules as are necessary to implement this section.

NEW SECTION. Sec. 9. REPEALERS. The following acts or parts of acts are each repealed:

(1) RCW 70.170.100 and 1993 c 492 s 259, 1990 c 269 s 12, & 1989 1st ex.s. c 9 s 510;

(2) RCW 70.170.110 and 1993 c 492 s 260 & 1989 1st ex.s. c 9 s 511;

(3) RCW 70.170.120 and 1993 c 492 s 261;

(4) RCW 70.170.130 and 1993 c 492 s 262;

(5) RCW 70.170.140 and 1993 c 492 s 263; and

(6) RCW 43.72.070 and 1993 c 492 s 409.

NEW SECTION. Sec. 10. CODIFICATION. Sections 1 through 4 of this act are each added to chapter 43.70 RCW.

NEW SECTION. Sec. 11. CAPTIONS. Captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 12. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 13. EMERGENCY CLAUSE--EFFECTIVE DATE. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995."

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

There being no objection, the House deferred further consideration of Substitute House Bill No. 1589 and the bill held it's place on the second reading calendar.

HOUSE BILL NO. 1659, by Representatives Mielke, Quall, Crouse, Costa, Kremen and Cooke

Regulating real estate brokerage relationships.

The bill was read the second time.

Representative Cairnes moved adoption of the following amendment by Representative Cairnes:

On page 3, line 19, after "principal a" insert "separate"

On page 3, line 20, after "disclosure" insert "indicating by a bold print heading that this form is an optional waiver"

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

The amendment was adopted.

With the consent of the House, amendment numbers 326, 325, 327, 324 and 328 to House Bill No. 1659 was withdrawn.

Representative Appelwick moved adoption of the following amendment by Representative Appelwick:

On page 3, line 27, beginning with "Unless" strike all material through "made, the" on line 29 and insert "The"

On page 3, line 30, after "following" insert "and may not be waived"

On page 5, line 20, beginning with "Unless" strike all material through "made, the" on line 22 and insert "The"

On page 5, line 23, after "following" insert "and may not be waived"

On page 7, beginning on line 17, after "buyer/tenant" strike all material through "obligations" on line 20 and insert ". The duties and obligations of a dual agent are limited to the following and may not be waived"

Representatives Appelwick, Lambert and Romero spoke in favor of the adoption of the amendment.

Representatives Mielke and Basich spoke against the adoption of the amendment.

Representative Appelwick again spoke in favor of the adoption of the amendment.

Representative Mielke again spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Mielke moved adoption of the following amendment by Representative Mielke:

On page 11, after line 2, insert the following:

"Sec. 14. RCW 18.85.230 and 1990 c 85 s 1 are each amended to read as follows:

The director may, upon his or her own motion, and shall upon verified complaint in writing by any person, investigate the actions of any person engaged in the business or acting in the capacity of a real estate broker, associate real estate broker, or real estate salesperson, regardless of whether the transaction was for his or her own account or in his or her capacity as broker, associate real estate broker, or real estate salesperson, and may impose any one or more of the following sanctions: Suspend or revoke, levy a fine not to exceed one thousand dollars for each offense, require the completion of a course in a selected area of real estate practice relevant to the section of this chapter or rule violated, or deny the license of any holder or applicant who is guilty of:

(1) Obtaining a license by means of fraud, misrepresentation, concealment, or through the mistake or inadvertence of the director;

(2) Violating any of the provisions of this chapter or any lawful rules or regulations made by the director pursuant thereto or violating a provision of chapter 64.36, 18.-- (sections 1 through 13 of this act), 19.105, or 58.19 RCW or the rules adopted under those chapters;

(3) Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense or offenses: PROVIDED, That for the purposes of this section being convicted shall include all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended;

(4) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication or distribution of false statements, descriptions or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions or promises purport to be made or to be performed by either the licensee or his or her principal and the licensee then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions or promises;

(5) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme or device whereby any other person lawfully relies upon the word, representation or conduct of the licensee;

(6) Accepting the services of, or continuing in a representative capacity, any associate broker or salesperson who has not been granted a license, or after his or her license has been revoked or during a suspension thereof;

(7) Conversion of any money, contract, deed, note, mortgage, or abstract or other evidence of title, to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, abstract or other evidence of title within thirty days after the owner thereof is entitled thereto, and makes demand therefor, shall be prima facie evidence of such conversion;

(8) Failing, upon demand, to disclose any information within his or her knowledge to, or to produce any document, book or record in his or her possession for inspection of the director or his or her authorized representatives acting by authority of law;

(9) Continuing to sell any real estate, or operating according to a plan of selling, whereby the interests of the public are endangered, after the director has, by order in writing, stated objections thereto;

(10) Committing any act of fraudulent or dishonest dealing or a crime involving moral turpitude, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter;

(11) Advertising in any manner without affixing the broker's name as licensed, and in the case of a salesperson or associate broker, without affixing the name of the broker as licensed for whom or under whom the salesperson or associate broker operates, to the advertisement; except, that a real estate broker, associate real estate broker, or real estate salesperson advertising their personally owned real property must only disclose that they hold a real estate license;

(12) Accepting other than cash or its equivalent as earnest money unless that fact is communicated to the owner prior to his or her acceptance of the offer to purchase, and such fact is shown in the earnest money receipt;

(13) Charging or accepting compensation from more than one party in any one transaction without first making full disclosure in writing of all the facts to all the parties interested in the transaction;

(14) Accepting, taking or charging any undisclosed commission, rebate or direct profit on expenditures made for the principal;

(15) Accepting employment or compensation for appraisal of real property contingent upon reporting a predetermined value;

(16) Issuing an appraisal report on any real property in which the broker, associate broker, or salesperson has an interest unless his or her interest is clearly stated in the appraisal report;

(17) Misrepresentation of his or her membership in any state or national real estate association;

(18) Discrimination against any person in hiring or in sales activity, on the basis of race, color, creed or national origin, or violating any of the provisions of any state or federal antidiscrimination law;

(19) Failing to keep an escrow or trustee account of funds deposited with him or her relating to a real estate transaction, for a period of three years, showing to whom paid, and such other pertinent information as the director may require, such records to be available to the director, or his or her representatives, on demand, or upon written notice given to the bank;

(20) Failing to preserve for three years following its consummation records relating to any real estate transaction;

(21) Failing to furnish a copy of any listing, sale, lease or other contract relevant to a real estate transaction to all signatories thereof at the time of execution;

(22) Acceptance by a branch manager, associate broker, or salesperson of a commission or any valuable consideration for the performance of any acts specified in this chapter, from any person, except the licensed real estate broker with whom he or she is licensed;

(23) To direct any transaction involving his or her principal, to any lending institution for financing or to any escrow company, in expectation of receiving a kickback or rebate therefrom, without first disclosing such expectation to his or her principal;

(24) Buying, selling, or leasing directly, or through a third party, any interest in real property without disclosing in writing that he or she holds a real estate license;

(25) In the case of a broker licensee, failing to exercise adequate supervision over the activities of his or her licensed associate brokers and salespersons within the scope of this chapter;

(26) Any conduct in a real estate transaction which demonstrates bad faith, dishonesty, untrustworthiness or incompetency;

(27) Acting as a mobile home and travel trailer dealer or salesperson, as defined in RCW 46.70.011 as now or hereafter amended, without having a license to do so;

(28) Failing to assure that the title is transferred under chapter 46.12 RCW when engaging in a transaction involving a mobile home as a broker, associate broker, or salesperson; or

(29) Violation of an order to cease and desist which is issued by the director under this chapter."

On page 1, line 1 of the title, after "relationships;" insert "amending RCW 18.85.230;"

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

The amendment was adopted.

The bill was ordered engrossed.

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

Representatives Mielke and Cairnes spoke in favor of passage of the bill.

Representatives Appelwick and Romero spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1659.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1659, and the bill passed the House by the following vote: Yeas - 69, Nays - 29, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Ebersole, Elliot, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 69.

Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, G., Fisher, R., Foreman, Jacobsen, Lambert, Mason, Ogden, Padden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 29.

Engrossed House Bill No. 1659, having received the constitutional majority, was declared passed.

There being no objection, the House resumed consideration of House Bill No. 2072.

SPEAKER'S RULING

Representative Appelwick, the Speaker is prepared to Rule on your Point of Order which challenges Amendment 353 to House Bill No. 2072 as being beyond the Scope and Object of the bill.

The title of House Bill No. 2072 is "AN ACT Relating to reducing business and occupation tax rates.

The title is broad. The bill amends RCW 82.04.255 and RCW 82.04.290.

Amendment 353 to House Bill No. 2072 would add a new section to the bill amending RCW 82.04.260. The amendment would extend the existing B&O tax rate that applies to the business of canning, preserving, freezing or dehydrating fresh fruits and vegetables to the business of selling at wholesale fresh fruits and vegetables canned, preserved, or dehydrated by the seller and sold to purchasers who immediately transport the goods out of this state.

The effect of Amendment 353 would be to reduce the business and occupation tax rate for those businesses added in the amendment.

The Speaker finds that this amendment is within the scope of the broad title of House Bill No. 2072.

The object of House Bill No. 2072 is to reduce the B&O tax rates that were imposed on various service industries in 1993 through a two-year tax rate reduction phase-in. Amendment 353 reduces the B&O tax rate for certain manufacturing industries and establishes a requirement that sellers shall obtain certain affidavits from the department as proof of sale.

Amendment 353 is unrelated to the object to House Bill No. 2072.

The Speaker finds that Amendment 353 is beyond the scope and object of the bill.

Representative Appelwick, Your Point of Order is well taken.

Representative Chappell moved adoption of the following amendment by Representative Chappell:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 82.04.255 and 1993 s.s. c 25 s 202 are each amended to read as follows:

Upon every person engaging within the state as a real estate broker; as to such persons, the amount of the tax with respect to such business shall be equal to the gross income of the business, multiplied by the rate of ((2.0)) 1.5 percent.

The measure of the tax on real estate commissions earned by the real estate broker shall be the gross commission earned by the particular real estate brokerage office including that portion of the commission paid to salesmen or associate brokers in the same office on a particular transaction: PROVIDED, HOWEVER, That where a real estate commission is divided between an originating brokerage office and a cooperating brokerage office on a particular transaction, each brokerage office shall pay the tax only upon their respective shares of said commission: AND PROVIDED FURTHER, That where the brokerage office has paid the tax as provided herein, salesmen or associate brokers within the same brokerage office shall not be required to pay a similar tax upon the same transaction.

Sec. 2. RCW 82.04.290 and 1993 s.s. c 25 s 203 are each amended to read as follows:

(1) Upon every person engaging within this state in the business of providing selected business services other than or in addition to those enumerated in RCW 82.04.250 or 82.04.270; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of ((2.5)) 1.5 percent.

(2) Upon every person engaging within this state in banking, loan, security, investment management, investment advisory, or other financial businesses; as to such persons, the amount of the tax with respect to such business shall be equal to the gross income of the business, multiplied by the rate of ((1.70)) 1.5 percent.

(3) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, and 82.04.280, and subsections (1) and (2) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of ((2.0)) 1.5 percent.

This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section.

NEW SECTION. Sec. 3. RCW 82.04.2201 and 1994 s.s. c 10 s 1 & 1993 s.s. c 25 s 204 are each repealed.

NEW SECTION. Sec. 4. The repeal in section 3 of this act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the statute repealed or under any rule or order adopted pursuant to that statute; nor as affecting any proceeding instituted under it.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995."

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

Representative Foreman spoke against the adoption of the amendment.

Representative Chappell again spoke in favor of the adoption of the amendment.

Representative Ebersole demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the striking amendment to House Bill No. 2072, and the amendment failed the House by the following vote: Yeas - 34, Nays - 64, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Mason, Mastin, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Thibaudeau, Tokuda, Veloria and Wolfe - 34.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cody, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven and Mr. Speaker - 64.

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

Representative Foreman spoke in favor of passage of the bill.

Representative Appelwick spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 2072.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2072, and the bill passed the House by the following vote: Yeas - 92, Nays - 6, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.

Voting nay: Representatives Chopp, Dickerson, Sommers, Thibaudeau, Tokuda and Valle - 6.

House Bill No. 2072, having received the constitutional majority, was declared passed.

There being no objection, the House resumed consideration of Substitute House Bill No. 1589.

Representative Dellwo moved adoption of the following amendment to the striking amendment by Representative Dellwo:

On page 12, line 17 of the amendment, strike "or" and insert "and"

On page 12, line 18 of the amendment, strike "or" and insert "and"

On page 15, line 7 of the amendment, strike "or" and insert "and"

On page 15, line 8 of the amendment, strike "or" and insert "and"

Representatives Dellwo and Dyer spoke in favor of the adoption of the striking amendment.

The amendment to the striking amendment was adopted.

Representative Dyer moved adoption of the following amendment to the striking amendment by Representative Dyer:

On page 15, after line 11 insert the following:

"NEW SECTION. Sec. 9. A new section is added to chapter 48.43 RCW to read as follows:

Renumber the sections consecutively, correct internal references accordingly.

Representative Dyer spoke in favor of the adoption of the amendment to the striking amendment.

The amendment to the striking amendment was adopted.

Representative Dyer moved adoption of the following amendment to the striking amendment by Representative Dyer:

On page 15, line 19 of the amendment, after "263;" strike "and"

On page 15, line 20 of the amendment, after "409" insert "; and

(7) RCW 70.170.080 and 1993 s.s. c 24 s 925, 1991 s.s. c 13 s 71, & 1989 1st ex.s. c 9 s 508"

Correct the title accordingly.

Representatives Dyer and Dellwo spoke in favor of the adoption of the amendment to the striking amendment.

The amendment to the striking amendment was adopted.

Representative Backlund spoke in favor of the adoption of the striking amendment.

The striking amendment as amended was adopted.

The bill was ordered engrossed.

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

Representatives Backlund, Dellwo, Dyer and Cody spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1589.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1589, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.

Engrossed Substitute House Bill No. 1589, having received the constitutional majority, was declared passed.

There being no objection, the House resumed consideration of Substitute House Bill No. 1523.

Representative Patterson moved adoption of the following amendment by Representative Patterson:

On page 3, line 1, strike "female"

On page 3, line 3, strike "female"

On page 3, line 30, after "abortion." insert "Where there is reason to believe that the father of the unborn child is an unemancipated minor or an incompetent, no person shall perform such an abortion unless that person has also given such notice to one parent or to the guardian of the father."

On page 5, line 14, after "her" insert "or his"

On page 5, line 15, after "pregnant" insert "or is believed to be the father of the unborn child"

On page 5, line 17 after "her" insert or "him"

On page 5, beginning on line 19 strike everything through "request." on line 20 and insert "The court shall advise the unemancipated minor or incompetent that he or she has a right to court-appointed counsel and shall provide such counsel upon request."

On page 5, line 24, after "her" insert "or his"

On page 5, line 25, after "her" insert "or his"

On page 5, line 37, strike "If" and insert "(a) In the case of a petition by a pregnant minor or incompetent, if"

On page 6, line 5, after "(5)" insert "(a)"

On page 6, after line 6, insert the following:

"(b) In the case of a petition by a unemancipated minor or incompetent father of an unborn child, if the court finds, by clear and convincing evidence, that the petitioner is sufficiently mature or able to deal with the decision by the pregnant unemancipated minor or incompetent regarding having an abortion, the court shall waive the requirement that a parent or the guardian of the petitioner be notified. If the court does not make the finding specified in this subsection or subsection (5)(b) of this section, it shall dismiss the petition."

On page 6, line 7, strike "If" and insert "(a) In the case of a petition by a pregnant minor or incompetent, if"

On page 6, line 15, after "(4)" insert "(a)"

On page 6, after line 16, insert the following:

"(b) In the case of a petition by a unemancipated minor or incompetent father of an unborn child, if the court finds, by clear and convincing evidence, that there is evidence of a pattern of physical or sexual abuse by one or both of the parents or by the guardian of the petitioner, or that the notification of a parent or guardian is not in the best interest of the petitioner, the court shall waive the requirement that a parent or the guardian of the petitioner be notified. If the court does not make the finding specified in this subsection or subsection (4)(b) of this section, it shall dismiss the petition."

On page 6, line 25, strike "pregnant"

On page 6, line 26, strike "pregnant"

Representatives Patterson and Mitchell spoke in favor of the adoption of the amendment.

Representatives Padden, Brown, Thibaudeau and Cole spoke against the adoption of the amendment.

Representative Patterson again spoke in favor of the adoption of the amendment.

Representative Brown demanded an electronic roll call vote and the demand was sustained.

POINT OF INQUIRY

Representative Patterson yielded to a question by Representative Smith.

Representative Smith: Thank you Mr. Speaker. I think that it's a good amendment but I have one concern if the young lady doesn't want to tell her male companion that she's pregnant, would it still require her then to go through that procedure and have the parents of the boy notified?

Representative Patterson: In keeping with the spirit of the underlying bill, this amendment would require that the father of the unborn child be notified also.

Representative Padden again spoke against the adoption of the amendment.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 3, line 1 to Substitute House Bill No. 1523 and the amendment was adopted by the following vote: Yeas - 61, Nays - 37, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Benton, Blanton, Brown, Brumsickle, Cairnes, Campbell, Carlson, Carrell, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Jacobsen, Johnson, Kessler, Kremen, Lisk, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Rust, Schmidt, K., Schoesler, Scott, Sheldon, Skinner, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 61.

Voting nay: Representatives Backlund, Beeksma, Boldt, Buck, Casada, Chandler, Clements, Crouse, Delvin, Foreman, Fuhrman, Goldsmith, Hargrove, Huff, Hymes, Koster, Lambert, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Regala, Schmidt, D., Sehlin, Sheahan, Sherstad, Silver, Smith, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 37.

NOTICE OF RECONSIDERATION

Representative Campbell: Having voted on the prevailing side moved that the House immediately reconsider the vote on amendment number 393 to Substitute House Bill No. 1523.

Representative Appelwick demanded the previous question and the demand was sustained.

Representative Appelwick demanded an electronic roll call vote on the motion to reconsider the vote on amendment number 393 to Substitute House Bill No. 1523.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

Representative Campbell withdrew the motion to reconsider the vote on amendment number 393 to Substitute House Bill No. 1523.

POINT OF ORDER

Representative Appelwick: Thank you Mr. Speaker. That motion having made and withdrawn, will the Speaker rule a subsequent motion on this amendment out of order or in order.

The Speaker: Out of Order.

Representative Cody moved adoption of the following amendment by Representative Cody:

On page 3, on line 2, after "age" insert "who is over the age at which persons are presumed incapable of committing a crime under RCW 9A.04.050, or"

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

Representative Padden spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Thibaudeau moved adoption of the following amendment by Representative Thibaudeau:

On page 3, line 26, after "Sec. 4." insert "(1)"

On page 3, after line 35 insert the following:

"(2) Before any notice is given under (1) of this section, the unemancipated minor or incompetent must have signed a form indicating that she has been fully informed of the options available to her under this act. The form shall be prepared by the department of health. The form shall be made available to all physicians in the state and shall contain information covering at least the following:

(a) That no notice is required if she is emancipated as defined in section 3 of this act;

(b) That alternative notice may be made under section 5 of this act if she has been the victim of neglect or sexual or physical abuse by a parent or guardian;

(d) That notice may be waived by a court at no cost to her and with the assistance of a court-appointed attorney under section 9 of this act if the court finds that she is sufficiently mature to decide about an abortion, or that there is evidence of a pattern of sexual or physical abuse by a parent or guardian, or that notice to a parent or guardian would not be in her best interest."

Representatives Thibaudeau, Ebersole, Dyer and Mitchell spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

Representative Padden spoke against the adoption of the amendment.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 3, line 26 to Substitute House Bill No. 1532 and the amendment was adopted by the following vote: Yeas - 58, Nays - 40, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Benton, Blanton, Brown, Brumsickle, Cairnes, Carlson, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Horn, Huff, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, K., Schoesler, Scott, Sheldon, Skinner, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 58.

Voting nay: Representatives Backlund, Beeksma, Boldt, Buck, Campbell, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Schmidt, D., Sehlin, Sheahan, Sherstad, Silver, Smith, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 40.

Representative Dickerson moved adoption of the following amendment by Representative Dickerson:

On page 3, line 35, strike "forty-eight hours'" and insert "nine months'"

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

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

ROLL CALL

The Clerk called the roll on the amendment on page 3, line 28 to Substitute House Bill No. 1523 and the amendment was not adopted by the following vote: Yeas - 11, Nays - 87, Absent - 0, Excused - 0.

Voting yea: Representatives Grant, Hankins, Kessler, Mason, Ogden, Patterson, Rust, Thibaudeau, Tokuda, Valle and Wolfe - 11.

Voting nay: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria and Mr. Speaker - 87.

Representative Dellwo moved adoption of the following amendment by Representative Dellwo:

On page 3, line 35, after "notice." insert "For purposes of this section, a reasonable effort to make actual notice means phoning a parent or guardian at his or her home or place of business three times."

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

Representative Padden spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Mastin moved adoption of the following amendment by Representative Mastin:

On page 4, line 26, after "9" insert "or 11"

On page 5, line 11 after "state." insert "The requirements and procedures of this section are available as alternatives to the provisions of section 11 of this act and may be used prior to, simultaneously with, or following the use of those provisions. A waiver under this section is valid, notwithstanding a denial of a waiver under section 11 of this act."

On page 6, after line 33, insert the following:

"NEW SECTION. Sec. 11. (1) The requirements and procedures under this section are available to unemancipated minors and incompetents whether or not they are residents of this state. The requirements and procedures of this section are available as alternatives to the provisions of section 9 of this act and may be used prior to, simultaneously with, or following the use of those provisions. A waiver under this section is valid, notwithstanding a denial of a petition under section 9 of this act.

(2) The unemancipated minor or incompetent may request a counselor licensed under chapter 18.19 RCW or a licensed or ordained member of the clergy as defined in RCW 26.44.020, for a waiver of the notice requirement. The request shall include a statement that the requesting party is unemancipated or incompetent.

(3) A counselling session under this section shall be conducted within one week of the request and shall be confidential and shall ensure the anonymity of the unemancipated minor or incompetent. All counselling sessions under this section shall be sealed. The unemancipated minor or incompetent has the right to request her counselling session using a pseudonym or using solely her initials. All documents related to the counselling session shall be confidential and shall not be available to the public. The counsellor or clergy member shall provide a written professional decision within forty-eight hours of the time after the counselling session. If the counsellor or clergy member fails to conduct a counselling session within one week or fails to issue a decision within forty-eight hours after a counselling session, the notice requirement shall be waived.

(4) At the time the minor or incompetent requests a counselling session, the counsellor or clergy member shall provide her with a signed statement that either:

(a) Declares that a counselling session will not be conducted within seven days; or

(b) Sets a counselling session at a reasonable time within seven days.

(5) If a counselling session occurs in compliance with 4(b) of this act, the counsellor or clergy member must provide a signed statement that either:

(a) No decision was reached within forty-eight hours of the counselling session; or

(b) The counsellor or clergy member finds that:

(i) The unemancipated minor or incompetent is sufficiently mature or able to decide whether to have an abortion;

(ii) There is evidence of a pattern of physical or sexual abuse by one or both of the parents or by the guardian of the unemancipated minor or incompetent; or

(iii) The notification of a parent or guardian is not in the best interest of the unemancipated minor or incompetent; or

(c) A decision was reached within forty-eight hours of the counselling session, but none of the findings in (b) of this subsection was made.

(6) If the counsellor or clergy member makes any of the findings in (5)(b) of this section, or fails to reach a decision within forty-eight hours of a counselling session, the counsellor or clergy member shall provide the unemancipated minor or incompetent with a signed statement authorizing her to consent to the performance or inducement of an abortion without the notification of a parent or guardian. If, following a counselling session, the counsellor or clergy member indicates in the signed statement under (5) of this section that none of the findings under (5)(b) of this section was made, the counsellor or clergy member shall deny the request for a waiver.

(7) If an unemancipated minor or incompetent has been denied a waiver under this section, she may request a waiver from no more than one additional counsellor or clergy member."

Renumber the remaining sections and correct internal references accordingly. Correct the title.

POINT OF ORDER

Representative Padden: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

There being no objection, the House defer consideration of amendment number 402 to Substitute House Bill No. 1523.

With the consent of the House, amendment number 392 to Substitute House Bill No. 1523 was withdrawn.

Representative Mason moved adoption of the following amendment by Representative Mason:

On page 4, line 29, after "performed" insert "or to carry a pregnancy to term"

On page 4, line 32, after "performed" insert "or to carry a pregnancy to term"

On page 7, line 22, after "abortion" insert "or to carry a pregnancy to term"

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

Representative Padden spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment number 396 to Substitute House Bill No. 1523 was withdrawn.

Representative Dickerson moved adoption of the following amendment by Representative Dickerson:

On page 5, line 17, after "her." insert "If there are insufficient guardians an litem otherwise available, the court shall order the county prosecuting attorney to provide an attorney from his or her office to act as a guardian an litem."

Representatives Dickerson and Mitchell spoke in favor of the adoption of the amendment.

Representative Padden spoke against the adoption of the amendment.

Representative Padden again spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Dellwo moved adoption of the following amendment by Representative Dellwo:

On page 5, line 20, after "counsel" insert "at no expense to her"

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

Representative Padden spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Ogden moved adoption of the following amendment by Representative Ogden:

On page 5, line 20, after "request." insert "In the event that no attorney is available to act as court-appointed counsel for the minor or incompetent, the petition shall be deemed to have been granted, and the notice requirement shall be waived."

Representatives Ogden and Dyer spoke in favor of the adoption of the amendment.

Representative Padden spoke against the adoption of the amendment.

Representative Padden again spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Cooke moved adoption of the following amendment by Representative Cooke:

On page 4, beginning on line 33 after "be" strike the following material "deemed emancipated or eligible for the purposes of qualifying for public assistance benefits." ending on line 34

On page 4, beginning on line 33 after "be" insert the following "considered dependent under chapter 13.34 RCW."

Representatives Cooke and Padden spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 4, beginning on line 33 to Substitute House Bill No. 1523 and the amendment was adopted by the following vote: Yeas - 83, Nays - 15, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Conway, Cooke, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 83.

Voting nay: Representatives Chopp, Cole, Costa, Fisher, R., Hankins, Hatfield, Mason, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle and Veloria - 15.

Representative Cole moved adoption of the following amendment by Representative Cole:

On page 5, after line 20, insert the following:

"(3) The court shall provide clear information to petitioners on how to proceed under this section and shall assign specially trained personnel to assist petitioners and to expedite proceedings under this section."

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

Representative Padden spoke against the adoption of the amendment.

Representative Cole again spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Romero moved adoption of the following amendment by Representative Romero:

On page 8, after line 13, insert the following:

"NEW SECTION. Sec. 15. If by June 30, 1995, the omnibus operating budget appropriations act for the 1995-97 biennium does not provide specific funding for section 9 of this act regarding provision of guardians an litem, appointed counsel, and necessary judicial resources, referencing this act by bill number, this act is null and void."

Renumber the remaining section and correct the title.

Representatives Romero and Mitchell spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

Representative Padden spoke against the adoption of the amendment.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 8, after line 13 to Substitute House Bill No. 1523 and the amendment was not adopted by the following vote: Yeas - 48, Nays - 50, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Blanton, Brown, Carlson, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Horn, Huff, Jacobsen, Kessler, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 48.

Voting nay: Representatives Backlund, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 50.

With the consent of the House, amendment number 406 to Substitute House Bill No. 1523 was withdrawn.

Representative Sheldon moved adoption of the following amendment by Representative Sheldon:

On page 3, line 29, after "incompetent" insert "and to the wife of the father of the baby if the father is married to someone other than the mother of the baby"

POINT OF ORDER

Representative Padden: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment.

NOTICE OF RECONSIDERATION

Representative Kremen: Having voted on the prevailing side of amendment number 391 to Substitute House Bill No. 1523, moved for immediately reconsideration.

Representative Kremen spoke in favor of the motion.

Representative Foreman spoke against the motion.

A division was called on the motion to reconsider amendment number 391 to Substitute House Bill No. 1523. The Speaker called on the House to divide. The results of the division was: YEAS-46; NAYS-51. The motion to reconsider the vote on amendment number 391 to Substitute House Bill No. 1523 failed.

SPEAKER'S RULING

Representative Padden, the Speaker is prepared to rule on your Point of Order to the amendment by Representative Sheldon to the Parental notice of abortion bill which would have required that the wife of a father be notified. The amendment is not within the scope of the bill title. Representative Padden, your Point of Order is well taken.

POINT OF PERSONAL PRIVILEGE

Representative Sheldon: Thank you Mr. Speaker. I guess I'll have to wait for another bill to find out if Joey Budafucco's wife is a step-parent.

SPEAKER'S RULING

"Representative Padden, the Speaker is prepared to Rule on your Point of Order which challenges Amendment 402 to Substitute House Bill No. 1523 as being beyond the Scope and Object of the bill.

"The title of Substitute House Bill No. 1523 is "AN ACT Relating to parental notice of abortion.

"The title is broad. The bill amends RCW 9.02.100 and adds new sections to chapter 9.02 RCW.

"Amendment 402 to Substitute House Bill No. 1523 would add a new section to the bill that creates an alternative bypass to the exclusive bypass process established in the bill.

"In section 9, the bill creates a judicial bypass procedure whereby an unemancipated minor may petition a superior court for a waiver of the notice requirement. The object of the bill, therefore, is to create a bypass procedure that requires a judicial determination and that complies with current U. S. Supreme Court jurisprudence.

"While the bill establishes a state-involved bypass procedure, the Amendment 402 establishes a non state-involved bypass procedure. The amendment creates a process whereby certain counselors or members of the clergy may waive the notice requirement without the involvement of a court.

"Although this amendment is within the scope of the title of Substitute House Bill No. 1523, the amendment goes beyond the object of the bill.

"The Speaker finds that Amendment 402 is beyond the scope and object of the bill.

"Representative Padden, Your Point of Order is well taken."

There being no objection, the House deferred further consideration of Substitute House Bill No. 1523 and the bill held it's place on the second reading calendar.

There being no objection, the House resumed consideration of Substitute House Bill No. 1546.

SPEAKER'S RULING

"Representative Padden, the Speaker is prepared to Rule on your Point of Order which challenges Amendment 360 to Substitute House Bill No. 1546 as being beyond the Scope and Object of the bill.

"The title of Substitute House Bill No. 1546 is "AN ACT Relating to reducing incidents of breast cancer linked to abortion."

The scope of the bill is narrowly defined by this title. The title clearly states that it is incidents of breast cancer linked to abortion that are covered by the bill. Incidents of breast cancer linked to other possible causes are outside the express language of the title.

"Amendment 360 seeks to include other possible causes of breast cancer such as smoking, caffeine, high fat diets, and alcohol consumption.

"The Speaker finds that this amendment is not within the scope of the narrow title of Substitute House Bill No. 1546 and that Amendment 360 is beyond the scope and object of the bill.

"Representative Padden, Your Point of Order is well taken."

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

The bill was ordered engrossed.

Representatives Casada, Morris, Backlund and Dyer spoke in favor of passage of the bill.

Representatives Brown, Mitchell, Cody and Thibaudeau spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1546.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1546, and the bill passed the House by the following vote: Yeas - 60, Nays - 38, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hargrove, Hickel, Honeyford, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Mastin, McMahan, McMorris, Mielke, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 60.

Voting nay: Representatives Appelwick, Ballasiotes, Blanton, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Hankins, Hatfield, Horn, Jacobsen, Kessler, Lisk, Mason, Mitchell, Ogden, Patterson, Poulsen, Radcliff, Reams, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 38.

Engrossed Substitute House Bill No. 1546, having received the constitutional majority, was declared passed.

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

MOTION

On motion of Representative Foreman, the House adjourned until 9:00 a.m., Wednesday, March 15, 1995.

CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk