NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

SIXTY-SIXTH DAY

MORNING SESSION

House Chamber, Olympia, Wednesday, March 19, 1997

The House was called to order at 9:00 a.m. by the Speaker. 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 Andrew Wymer and Tracy Knight. Prayer was offered by Emam Amir Abdul-Matin, Muslim Community Center of Tacoma.

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

There being no objection, the House advanced to the sixth order of business.

SECOND READING

HOUSE BILL NO. 1267, by Representatives B. Thomas, Zellinsky and Dickerson

Providing a use tax exemption for vessel manufacturers and dealers.

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 B. Thomas, Dunshee and Morris spoke in favor of passage of the bill.

MOTIONS

On motion by Representative Cooper, Representatives Murray, Wolfe and Appelwick were excused. On motion by Representative Wensman, Representative Reams was excused.

The Speaker stated the question before the House to be final passage of House Bill No. 1267.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1267 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wood, Zellinsky and Mr. Speaker - 94.

Excused: Representatives Appelwick, Murray, Reams and Wolfe - 4.

House Bill No. 1267, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1592, by Representatives Bush, Kastama, Mulliken, Regala, K. Schmidt, McDonald, Lantz, Robertson, Chandler, Poulsen, Talcott, Backlund, McMorris, Thompson, O'Brien, Linville, Dunn and Sheldon

Providing tax exemptions for small water districts and systems.

The bill was read the second time. There being no objection, Substitute House Bill No. 1576 was substituted for House Bill No. 1592 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1592 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 Bush, Kastama, and Dunshee spoke in favor of passage of the bill.

MOTION

On motion by Representative Butler, Representative Morris was excused.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1592.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1592 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wood, Zellinsky and Mr. Speaker - 93.

Excused: Representatives Appelwick, Morris, Murray, Reams and Wolfe - 5.

Substitute House Bill No. 1592, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1028, by Representatives Sheahan, Schoesler, Chandler, Sterk, McMorris, Mastin, Mulliken, Boldt and Smith

Exempting granges from property taxation.

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 Sheahan and Dunshee spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 1028.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1028 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wood, Zellinsky and Mr. Speaker - 94.

Excused: Representatives Appelwick, Morris, Murray and Wolfe - 4.

House Bill No. 1028, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1126, by Representatives Mastin, Sump, Boldt, Doumit, Hatfield, McMorris, Kessler, Sheahan, Sheldon, Mulliken, Grant, Chandler, O'Brien, Conway, Wood, Cooper, Murray and Morris

Providing for 911 emergency communications funding.

The bill was read the second time. There being no objection, Substitute House Bill No. 1126 was substituted for House Bill No. 1126 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1126 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 Mastin, Butler, Dunshee, Pennington, Kessler, Robertson, Conway and Morris spoke in favor of passage of the bill.

Representative Carrell spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1126.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1126 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Murray - 1.

Substitute House Bill No. 1126, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1261, by Representatives Mulliken, Pennington, Boldt and Wensman; by request of Department of Revenue

Requiring a ranged table in standard increments for the business and occupation tax small business credit.

The bill was read the second time. There being no objection, Substitute House Bill No. 1261 was substituted for House Bill No. 1261 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1261 was read the second time.

With the consent of the House, amendment numbers 104 and 105 to Substitute House Bill No. 1261 were withdrawn.

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

Representatives Mulliken, Dickerson, Morris and Conway 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. 1261.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1261 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Murray - 1.

Substitute House Bill No. 1261, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1263, by Representatives Robertson, Ogden, Dunn, Carrell, Dyer, Cairnes and Benson

Revising current use taxation provisions.

The bill was read the second time. There being no objection, Substitute House Bill No. 1263 was substituted for House Bill No. 1263 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1263 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 Robertson, Dunshee and Constantine 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. 1263.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1263 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Murray - 1.

Substitute House Bill No. 1263, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1275, by Representatives Mastin, Mitchell, Radcliff, Morris, Mason, Schoesler, Keiser, Dickerson, Wood, Kessler, Scott, Blalock, Thompson, Costa, Kenney and Conway

Establishing public utility tax credits for weatherization and energy assistance programs.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1275 was substituted for House Bill No. 1275 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 1275 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 Mastin, Morris and Dunshee spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1275.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1275 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Murray - 1.

Second Substitute House Bill No. 1275, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1327, by Representatives Huff, Carrell, Quall, Mulliken, Morris, Linville, Ogden, Dunshee, B. Thomas, Johnson, Conway, Sheldon, Grant, Mastin, D. Schmidt, Robertson, Kessler, Skinner, Boldt, Lisk, Mielke, Dickerson, L. Thomas, O'Brien, Hatfield, Kenney, Gardner, Cooke, Costa, Ballasiotes, Thompson, Koster, Lantz, Mason, Schoesler, Dunn, Alexander and Anderson

Reimbursing sellers for sales tax collection costs.

The bill was read the second time. There being no objection, Substitute House Bill No. 1327 was substituted for House Bill No. 1327 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1327 was read the second time.

Representative Huff moved the adoption of the following amendment by Representative Huff: (335)

On page 3, line 20, strike "September" and insert "October"

Representatives Huff and Dunshee 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 Huff, Kessler, Dickerson and Conway spoke in favor of passage of the bill.

Representative H. Sommers spoke against the passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1327.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1327 and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.

Voting nay: Representatives Appelwick, Chopp, Fisher, Romero and Sommers, H. - 5.

Excused: Representative Murray - 1.

Engrossed Substitute House Bill No. 1327, having received the constitutional majority, was declared passed.

The Speaker called upon Representative Pennington to preside.

MESSAGES FROM THE SENATE

March 18, 1997

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5227,

SUBSTITUTE SENATE BILL NO. 5230,

SENATE BILL NO. 5460,

SUBSTITUTE SENATE BILL NO. 5512,

SUBSTITUTE SENATE BILL NO. 5560,

ENGROSSED SENATE BILL NO. 5657,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5666,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5725,

SECOND SUBSTITUTE SENATE BILL NO. 5740,

ENGROSSED SENATE BILL NO. 5744,

SUBSTITUTE SENATE BILL NO. 5760,

SENATE BILL NO. 5797,

SUBSTITUTE SENATE BILL NO. 5827,

SECOND SUBSTITUTE SENATE BILL NO. 5842,

ENGROSSED SENATE BILL NO. 5915,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5927,

SUBSTITUTE SENATE BILL NO. 5965,

SENATE BILL NO. 5991,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6006,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary

March 18, 1997

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5077,

SECOND SUBSTITUTE SENATE BILL NO. 5120,

SECOND SUBSTITUTE SENATE BILL NO. 5179,

SUBSTITUTE SENATE BILL NO. 5208,

ENGROSSED SENATE BILL NO. 5354,

SECOND SUBSTITUTE SENATE BILL NO. 5442,

SUBSTITUTE SENATE BILL NO. 5505,

SENATE BILL NO. 5695,

SENATE BILL NO. 5742,

SUBSTITUTE SENATE BILL NO. 5782,

SUBSTITUTE SENATE BILL NO. 5783,

SUBSTITUTE SENATE BILL NO. 5851,

SUBSTITUTE SENATE BILL NO. 5861,

SENATE BILL NO. 5877,

SUBSTITUTE SENATE BILL NO. 5919,

ENGROSSED SENATE BILL NO. 7900,

SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8408,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary

HOUSE BILL NO. 1358, by Representatives Buck, Regala, Sump, Schoesler, Johnson, Linville, Sheldon, Wensman and Kessler; by request of Department of Revenue

Excluding materials purchased by farmers to improve wildlife habitat or forage from the definition of "sale at retail" or "retail sale" for tax purposes.

The bill was read the second time. There being no objection, Substitute House Bill No. 1358 was substituted for House Bill No. 1358 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1358 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 Buck and Dunshee spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1358.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1358 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representatives Chopp, Fisher and Sommers, H. - 3.

Excused: Representative Murray - 1.

Substitute House Bill No. 1358, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1379, by Representatives Radcliff, Costa, Scott, Thompson, O'Brien, Linville, Blalock, Cooper, Dickerson, Cooke, Mason, Conway and Wood

Removing the expiration of tax exemptions for new construction of alternative housing for youth in crisis.

The bill was read the second time. There being no objection, Substitute House Bill No. 1379 was substituted for House Bill No. 1379 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1379 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 Costa spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1379.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1379 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Murray - 1.

Substitute House Bill No. 1379, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1813, by Representatives Dunn, Van Luven, Veloria, Alexander, Sheldon, Morris, Mason, McDonald, Honeyford and L. Thomas

Regulating sales and use tax exemptions for motion picture and video production equipment and services.

The bill was read the second time. There being no objection, Substitute House Bill No. 1813 was substituted for House Bill No. 1813 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1813 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 Dunn, Mason and Keiser spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1813.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1813 and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.

Voting nay: Representatives Appelwick, Chopp, Fisher, Sommers, H. and Tokuda - 5.

Excused: Representative Murray - 1.

Substitute House Bill No. 1813, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2051, by Representatives Chandler, Linville, Regala, Mastin, D. Schmidt, Grant, Veloria, Clements, Cody and Parlette

Exempting from taxation remedies and remedial actions taken regarding hazardous waste.

The bill was read the second time. There being no objection, Substitute House Bill No. 2051 was substituted for House Bill No. 2051 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2051 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 Chandler, Veloria, Regala, Dunshee, Fisher and Conway spoke in favor of passage of the bill.

COLLOQUY

Representative Regala: Will the gentleman from District 48^th yield to a question? Representative Chandler, as I understand it, Substitute House Bill No. 2051 is designed in part to change existing Department of Revenue policy. Is that correct?

Representative Chandler: Yes. The bill modifies a 1989 Department of Revenue policy that treated hazardous waste cleanup differently for tax purposes, depending on whether or not the activity took place on sites that were officially designated as cleanup sites. If the cleanup was undertaken voluntarily and independently, the Department policy results in higher taxes than in cases where an agency cleanup order was issued. This bill would equalize the tax treatment on such cleanups.

Representative Regala: Was this policy based on a law that made such a distinction?

Representative Chandler: No, the legislature had not explicitly addressed the question of how to tax this activity. In fact, in testimony presented to our committee, it was made quite clear that the distinction made in the policy was discriminatory.

Representative Regala: And this bill applies prospectively only?

Representative Chandler: Yes, Substitute House Bill No. 2051 is being enacted to make it clear that the law only addresses cleanup actions in the future. However, while the bill does not fix the problem retroactivly, it is intended to do nothing to sanction the Department's prior policy.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2051.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2051 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Voting nay: Representative Sommers, H. - 1.

Excused: Representative Murray - 1.

Substitute House Bill No. 2051, having received the constitutional majority, was declared passed.

SUBSTITUTE HOUSE BILL NO. 1043, by Representatives Schoesler, Dunn and Smith

Requiring the state landlord/tenant act to preempt all other local landlord/tenant acts.

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

Representatives Schoesler and Sterk spoke in favor of passage of the bill.

Representatives Chopp, Sheldon, Tokuda, and Morris spoke against passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1043.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1043 and the bill passed the House by the following vote: Yeas - 55, Nays - 42, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, McDonald, McMorris, Mielke, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 55.

Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Mastin, Mitchell, Morris, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Skinner, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 42.

Excused: Representative Murray - 1.

Substitute House Bill No. 1043, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1471, by Representatives Dyer, Cody, Zellinsky, Conway, Ogden, Linville, Tokuda, Kessler, Scott, Blalock, Gombosky, Costa and Dickerson; by request of Attorney General

Protecting vulnerable adults.

The bill was read the second time. There being no objection, Substitute House Bill No. 1471 was substituted for House Bill No. 1471 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1471 was read the second time.

With the consent of the House, amendment number 155 to Substitute House Bill No. 1471 was withdrawn.

Representative Dyer moved the adoption of the following amendment by Representative Dyer: (289)

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 9A.42 RCW to read as follows:

The legislature finds that there is a significant need to protect children and dependent persons, including frail elder and vulnerable adults, from abuse and neglect by their parents, by persons entrusted with their physical custody, or by persons employed to provide them with the basic necessities of life. The legislature further finds that such abuse and neglect often takes the forms of either withholding from them the basic necessities of life, including food, water, shelter, clothing, and health care, or abandoning them, or both. Therefore, it is the intent of the legislature that criminal penalties be imposed on those guilty of such abuse or neglect. It is the intent of the legislature that a person who, in good faith, is furnished Christian Science treatment by a duly accredited Christian Science practitioner in lieu of medical care is not considered deprived of medically necessary health care or abandoned. Prosecutions under this chapter shall be consistent with the rules of evidence, including hearsay, under law.

Sec. 2. RCW 9A.42.010 and 1996 c 302 s 1 are each amended to read as follows:

As used in this chapter:

(1) "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.

(2)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;

(b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;

(c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.

(3) "Child" means a person under eighteen years of age.

(4) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(8), is presumed to be a dependent person for purposes of this chapter.

(5) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services.

(6) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.

(7) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.

Sec. 3. RCW 9A.42.050 and 1986 c 250 s 5 are each amended to read as follows:

In any prosecution for criminal mistreatment, it shall be a defense that the withholding of the basic necessities of life is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to persons in the business of providing care only when the agreed-upon payment for the care has not been received.

Sec. 4. RCW 9A.42.020 and 1986 c 250 s 2 are each amended to read as follows:

(1) A parent of a child ((or)), the person entrusted with the physical custody of a child or dependent person, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the first degree if he or she recklessly, as defined in RCW 9A.08.010, causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life.

(2) Criminal mistreatment in the first degree is a class B felony.

Sec. 5. RCW 9A.42.030 and 1986 c 250 s 3 are each amended to read as follows:

(1) A parent of a child ((or)), the person entrusted with the physical custody of a child or dependent person, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the second degree if he or she recklessly, as defined in RCW 9A.08.010, either (a) creates an imminent and substantial risk of death or great bodily harm, or (b) causes substantial bodily harm by withholding any of the basic necessities of life.

(2) Criminal mistreatment in the second degree is a class C felony.

NEW SECTION. Sec. 6. A new section is added to chapter 9A.42 RCW to read as follows:

RCW 9A.42.020 and 9A.42.030 do not apply when a terminally ill person is receiving palliative care by a licensed home health agency, hospice agency, nursing home, or hospital providing hospice care under the medical direction of a physician.

Sec. 7. RCW 9A.44.010 and 1994 c 271 s 302 are each amended to read as follows:

As used in this chapter:

(1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and

(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and

(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

(2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

(3) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.

(4) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.

(5) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

(6) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.

(7) "Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

(8) "Significant relationship" means a situation in which the perpetrator is:

(a) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors; ((or))

(b) A person who in the course of his or her employment supervises minors; or

(c) A person who provides welfare, health or residential assistance, personal care, or organized recreational activities to frail elders or vulnerable adults, including a provider, employee, temporary employee, volunteer, or independent contractor who supplies services to long-term care facilities licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW.

(9) "Abuse of a supervisory position" means a direct or indirect threat or promise to use authority to the detriment or benefit of a minor.

(10) "Developmentally disabled," for purposes of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a developmental disability as defined in RCW 71A.10.020.

(11) "Person with supervisory authority," for purposes of RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e), means any proprietor or employee of any public or private care or treatment facility who directly supervises developmentally disabled, mentally disordered, or chemically dependent persons at the facility.

(12) "Mentally disordered person" for the purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental disorder" as defined in RCW 71.05.020(2).

(13) "Chemically dependent person" for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is "chemically dependent" as defined in RCW 70.96A.020(4).

(14) "Health care provider" for purposes of RCW 9A.44.050 and 9A.44.100 means a person who is, holds himself or herself out to be, or provides services as if he or she were: (a) A member of a health care profession under chapter 18.130 RCW; or (b) registered or certified under chapter 18.19 RCW, regardless of whether the health care provider is licensed, certified, or registered by the state.

(15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means the active delivery of professional services by a health care provider which the health care provider holds himself or herself out to be qualified to provide.

(16) "Frail elder or vulnerable adult" means a person sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself. "Frail elder or vulnerable adult" also includes a person found incapacitated under chapter 11.88 RCW, a person over eighteen years of age who has a developmental disability under chapter 71A.10 RCW, a person admitted to a long-term care facility that is licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and a person receiving services from a home health, hospice, or home care agency licensed or required to be licensed under chapter 70.127 RCW.

Sec. 8. RCW 9A.44.050 and 1993 c 477 s 2 are each amended to read as follows:

(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

(a) By forcible compulsion;

(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;

(c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment; ((or))

(e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

(2) Rape in the second degree is a class A felony.

Sec. 9. RCW 9A.44.100 and 1993 c 477 s 3 are each amended to read as follows:

(1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

(a) By forcible compulsion; ((or))

(b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;

(c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment; ((or))

(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

(2) Indecent liberties is a class B felony.

Sec. 10. RCW 18.130.040 and 1996 c 200 s 32 and 1996 c 81 s 5 are each reenacted and amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists licensed under chapter 18.06 RCW;

(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

(ix) Respiratory care practitioners certified under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified under chapter ((18.79)) 18.88A RCW;

(xiii) Health care assistants certified under chapter 18.135 RCW;

(xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xv) Sex offender treatment providers certified under chapter 18.155 RCW;

(xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

(xvii) Persons registered as adult family home providers and resident managers under RCW 18.48.020; and

(xviii) Denturists licensed under chapter 18.30 RCW.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board of hearing and speech as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

(xiv) The veterinary board of governors as established in chapter 18.92 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

Sec. 11. RCW 18.130.200 and 1986 c 259 s 12 are each amended to read as follows:

A person who attempts to obtain ((or)), obtains, or attempts to maintain a license by willful misrepresentation or fraudulent representation is guilty of a gross misdemeanor.

Sec. 12. RCW 43.43.842 and 1992 c 104 s 1 are each amended to read as follows:

(1)(a) The secretary of social and health services and the secretary of health shall adopt additional requirements for the licensure or relicensure of agencies ((or)), facilities ((which)), and licensed individuals who provide care and treatment to vulnerable adults. These additional requirements shall ensure that any person associated with a licensed agency or facility having direct contact with a vulnerable adult shall not have been: (((a))) (i) Convicted of a crime against persons as defined in RCW 43.43.830, except as provided in this section; (((b))) (ii) convicted of crimes relating to financial exploitation as defined in RCW 43.43.830, except as provided in this section; (((c))) (iii) found in any disciplinary board final decision to have abused a vulnerable adult under RCW 43.43.830; or (((d))) (iv) the subject in a protective proceeding under chapter 74.34 RCW.

(b) A person associated with a licensed agency or facility who has direct contact with a vulnerable adult shall make the disclosures specified in RCW 43.43.834(2). The person shall make the disclosures in writing, sign, and swear to the contents under penalty of perjury. The person shall, in the disclosures, specify all crimes against children or other persons, and all crimes relating to financial exploitation as defined in RCW 43.43.830, committed by the person.

(2) The rules adopted under this section shall permit the licensee to consider the criminal history of an applicant for employment in a licensed facility when the applicant has one or more convictions for a past offense and:

(a) The offense was simple assault, assault in the fourth degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;

(b) The offense was prostitution, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;

(c) The offense was theft in the third degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;

(d) The offense was theft in the second degree, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment;

(e) The offense was forgery, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment.

The offenses set forth in (a) through (e) of this subsection do not automatically disqualify an applicant from employment by a licensee. Nothing in this section may be construed to require the employment of any person against a licensee's judgment.

In consultation with law enforcement personnel, the secretary of social and health services and the secretary of health shall investigate the conviction record and the protection proceeding record information under this chapter ((43.43 RCW)) of each agency or facility and its staff under their respective jurisdictions seeking licensure or relicensure. The individual responding to criminal background inquiry requests by the individual's employer or potential employer shall disclose the information about the individual's criminal history under penalty of perjury. The secretaries shall use the information solely for the purpose of determining eligibility for licensure or relicensure. Criminal justice agencies shall provide the secretaries such information as they may have and that the secretaries may require for such purpose.

Sec. 13. RCW 70.124.020 and 1996 c 178 s 24 are each amended to read as follows:

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

(1) "Court" means the superior court of the state of Washington.

(2) "Law enforcement agency" means the police department, the director of public safety, or the office of the sheriff.

(3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, pharmacy, physical therapy, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery. The term "practitioner" shall include a nurses aide, a nursing home administrator licensed under chapter 18.52 RCW, and a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a nursing home patient who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected patient for the purposes of this chapter.

(4) "Department" means the state department of social and health services.

(5) "Nursing home" has the meaning prescribed by RCW 18.51.010.

(6) "Social worker" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of nursing home patients, or providing social services to nursing home patients, whether in an individual capacity or as an employee or agent of any public or private organization or institution.

(7) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(8) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(9) "Abuse or neglect" or "patient abuse or neglect" means the nonaccidental physical injury or condition, sexual abuse, or negligent treatment of a nursing home, adult family home, or state hospital patient under circumstances which indicate that the patient's health, welfare, ((and)) or safety is harmed thereby.

(10) "Negligent treatment" means an act or omission which evinces a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the patient's health, welfare, ((and)) or safety.

(11) "State hospital" means any hospital operated and maintained by the state for the care of the mentally ill under chapter 72.23 RCW.

(12) "Adult family home" has the meaning set forth in RCW 70.128.010.

Sec. 14. RCW 70.124.030 and 1981 c 174 s 3 are each amended to read as follows:

(1) When any practitioner, social worker, psychologist, pharmacist, employee of a nursing home, employee of an adult family home, employee of a state hospital, or employee of the department has reasonable cause to believe that a nursing home, adult family home, or state hospital patient has suffered abuse or neglect, the person shall report such incident, or cause a report to be made, to either a law enforcement agency or to the department as provided in RCW 70.124.040.

(2) Any other person who has reasonable cause to believe that a nursing home, adult family home, or state hospital patient has suffered abuse or neglect may report such incident to either a law enforcement agency or to the department as provided in RCW 70.124.040.

(3) The department or any law enforcement agency receiving a report of an incident of abuse or neglect involving a nursing home, adult family home, or state hospital patient who has died or has had physical injury or injuries inflicted other than by accidental means or who has been subjected to sexual abuse shall report the incident to the proper county prosecutor for appropriate action.

Sec. 15. RCW 70.124.040 and 1981 c 174 s 4 are each amended to read as follows:

(1) Where a report is ((deemed warranted)) required under RCW 70.124.030, an immediate oral report shall be made by telephone or otherwise to either a law enforcement agency or to the department and, upon request, shall be followed by a report in writing. The reports shall contain the following information, if known:

(a) The name and address of the person making the report;

(b) The name and address of the nursing home, adult family home, or state hospital patient;

(d) The nature and extent of the injury or injuries;

(e) The nature and extent of the neglect;

(f) The nature and extent of the sexual abuse;

(g) Any evidence of previous injuries, including their nature and extent; and

(h) Any other information which may be helpful in establishing the cause of the patient's death, injury, or injuries, and the identity of the perpetrator or perpetrators.

(2) Each law enforcement agency receiving such a report shall, in addition to taking the action required by RCW 70.124.050, immediately relay the report to the department, and to other law enforcement agencies, including the medicaid fraud control unit of the office of the attorney general, as appropriate. For any report it receives, the department shall likewise take the required action and in addition relay the report to the appropriate law enforcement agency or agencies. The appropriate law enforcement agency or agencies shall receive immediate notification when the department, upon receipt of such report, has reasonable cause to believe that a criminal act has been committed.

Sec. 16. RCW 70.124.070 and 1979 ex.s. c 228 s 7 are each amended to read as follows:

A person who is required to make or to cause to be made a report pursuant to RCW 70.124.030 or 70.124.040 and who knowingly fails to make such report or fails to cause such report to be made is guilty of a gross misdemeanor.

NEW SECTION. Sec. 17. A new section is added to chapter 70.124 RCW to read as follows:

(1) An employee who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, has the remedies provided under chapter 49.60 RCW. RCW 4.24.500 through 4.24.520, providing certain protection to persons who communicate to government agencies, apply to complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department about suspected abuse, negligent treatment, financial exploitation, or abandonment, as defined in RCW 74.34.020, by any person in a nursing home, state hospital, or adult family home, may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith.

(2)(a) An attempt to expel a resident from a nursing home, state hospital, or adult family home, or any type of discriminatory treatment of a resident by whom, or upon whose behalf, a complaint has been submitted to the department or any proceeding instituted under or related to this chapter within one year of the filing of the complaint or the institution of the action, raises a rebuttable presumption that the action was in retaliation for the filing of the complaint, if the department substantiates the complaint.

(b) The presumption in (a) of this subsection is rebutted by credible evidence establishing the alleged retaliatory action was initiated before the complaint, or by a functional assessment conducted by the department that shows the resident's physical or mental health needs cannot be met through reasonable accommodations by the facility.

(3) For the purposes of this section:

(a) "Whistleblower" means a resident or employee of a nursing home, state hospital, or adult family home, or any person licensed under Title 18 RCW, who in good faith reports alleged abuse or neglect to the department or to a law enforcement agency; and

(b) "Workplace reprisal or retaliatory action" means, but is not limited to, an unwarranted or unsubstantiated: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; report of misconduct under Title 18 RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; or denial of employment. It also includes a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower. The protections provided to whistleblowers under this chapter shall not prevent a nursing home, state hospital, or adult family home from: (i) Terminating, suspending, or disciplining a whistleblower for other lawful purposes; or (ii) for facilities with fewer than six residents, reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The department shall determine if the facility cannot meet payroll in cases in which a whistleblower has been terminated or had hours of employment reduced because of the inability of a facility to meet payroll.

(4) This section does not prohibit a nursing home, state hospital, or adult family home from exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. The protections provided to whistleblowers under this chapter shall not prevent a nursing home, state hospital, or adult family home from terminating, suspending, reducing the hours of employment, or disciplining a whistleblower for other lawful purposes.

(5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter.

(6) The department shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes.

NEW SECTION. Sec. 18. A new section is added to chapter 74.34 RCW to read as follows:

A person who is required to make or cause to be made a report under RCW 74.34.030 or 74.34.040 and who knowingly fails to make the report or fails to cause the report to be made is guilty of a gross misdemeanor.

NEW SECTION. Sec. 19. A new section is added to chapter 74.34 RCW to read as follows:

(1) An employee who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, has the remedies provided under chapter 49.60 RCW. RCW 4.24.500 through 4.24.520, providing certain protection to persons who communicate to government agencies, apply to complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department about suspected abuse, neglect, exploitation, or abandonment by any person in a boarding home licensed or required to be licensed pursuant to chapter 18.20 RCW may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith.

(2)(a) An attempt to expel a resident from a boarding home, or any type of discriminatory treatment of a resident by whom, or upon whose behalf, a complaint has been submitted to the department or any proceeding instituted under or related to this chapter within one year of the filing of the complaint or the institution of the action, raises a rebuttable presumption that the action was in retaliation for the filing of the complaint, if the department substantiates the complaint.

(3) For the purposes of this section:

(a) "Whistleblower" means a resident or employee of a boarding home, or any person licensed under Title 18 RCW, who in good faith reports alleged abuse or neglect to the department or to a law enforcement agency; and

(b) "Workplace reprisal or retaliatory action" means, but is not limited to, an unwarranted or unsubstantiated: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; report of misconduct under Title 18 RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; or denial of employment. It also includes a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower. The protections provided to whistleblowers under this chapter shall not prevent a boarding home from: (i) Terminating, suspending, reducing the hours of employment, or disciplining a whistleblower for other lawful purposes; or (ii) for facilities with fewer than six residents, reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The department shall determine if the facility cannot meet payroll in cases in which a whistleblower has been terminated or had hours of employment reduced because of the inability of a facility to meet payroll.

(4) This section does not prohibit a boarding home from exercising its authority to terminate, suspend, or discipline any employee who engages in workplace reprisal or retaliatory action against a whistleblower.

(5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter. The protections provided to whistleblowers under this chapter shall not prevent a boarding home from terminating, suspending, or disciplining a whistleblower for other lawful purposes.

(6) The department shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes.

Sec. 20. RCW 74.34.020 and 1995 1st sp.s. c 18 s 84 are each amended to read as follows:

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

(1) "Abandonment" means action or inaction by a person or entity with a duty of care for a frail elder or a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care.

(2) "Abuse" means a nonaccidental act of physical or mental mistreatment or injury, or sexual mistreatment, which harms a person through action or inaction by another individual.

(3) "Consent" means express written consent granted after the person has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary.

(4) "Department" means the department of social and health services.

(5) "Exploitation" means the illegal or improper use of a frail elder or vulnerable adult or that person's income or resources, including trust funds, for another person's profit or advantage.

(6) "Neglect" means a pattern of conduct or inaction by a person or entity with a duty of care for a frail elder or vulnerable adult that results in the deprivation of care necessary to maintain the vulnerable person's physical or mental health.

(7) "Secretary" means the secretary of social and health services.

(8) "Frail elder or vulnerable adult" means a person sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself. "Frail elder or vulnerable adult" shall include persons found incapacitated under chapter 11.88 RCW, or a person who has a developmental disability under chapter 71A.10 RCW, and persons admitted to any long-term care facility that is licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, or persons receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW.

(9) No frail elder or vulnerable person who relies upon and is being provided spiritual treatment in lieu of medical treatment in accordance with the tenets and practices of a well-recognized religious denomination shall for that reason alone be considered abandoned, abused, or neglected."

Correct the title.

Representative Dyer, Cody and Backlund 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 Dyer, Cody and Kenney spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1471.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1471 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Murray - 1.

Engrossed Substitute House Bill No. 1471, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1752, by Representatives Cooke, Dyer, Tokuda, McDonald, Sheahan, Cairnes, Cody, Ballasiotes, Bush, Boldt, Wolfe, Mitchell, Doumit, Ogden, Thompson, Blalock, Poulsen, L. Thomas, O'Brien, Costa, Backlund, Veloria, Kenney and Carlson

Including persons with developmental disabilities in the long-term ombudsman program.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1752 was substituted for House Bill No. 1752 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 1752 was read the second time.

Representative Cooke moved the adoption of the following amendment by Representative Cooke: (354)

On page 1, line 4, strike everything after the enacting clause and insert the following:

""Sec. 1. RCW.43.190.010 and 1983 c 290 s 1 are each amended to read as follows:

The legislature finds that in order to comply with the federal Older Americans Act, provide protection to persons with developmental disabilities, and to effectively assist residents, patients, and clients of long-term care facilities in the assertion of their civil and human rights, a long-term care ombudsman program should be instituted, and shall include an office of developmental disabilities ombudsman with the separate full-time position of state developmental disabilities ombudsman.

Sec. 2. RCW 43.190.020 and 1995 1st sp.s. c 18 s 32 are each amended to read as follows:

As used in this chapter, "long-term care facility"" means any of the following:

(1) A facility which: As used in this chapter, "long-term care facility" means any of the following:

(1) A facility which:

(a) maintains and operates twenty-four hour skilled nursing services for the care and treatment of chronically ill or convalescent patients, including mental, emotional, or behavioral problems, ((mental retardation)) developmental disability, or alcoholism;

(b) Provides supportive, restorative, and preventive health services in conjunction with a socially oriented program to its residents, and which maintains and operates twenty-four hour services including board, room, personal care, and intermittent nursing care. "Long-term health care facility" includes nursing homes, and nursing facilities, but does not include acute care hospital or other licensed facilities except for that distinct part of the hospital or facility which provides nursing facility services.

(2) Any family home, group care facility, or similar facility determined by the ((secretary)) director of Community, Trade and Economic Development, for twenty-four hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

(3) Any swing bed in an acute care facility.

Sec. 3. RCW 43.190.030 and 1995 c 399 s 105 are each amended to read as follows:

There is created the office of the state long-term care ombudsman and the office of the developmental disabilities ombudsman. The department of community, trade, and economic development shall contract (1) with a private nonprofit organization to provide long-term care ombudsman services as specified under, and consistent with, the federal Older Americans act as amended, federal mandates, and (2) with a private nonprofit organization to provide developmental disabilities ombudsman services, consistent with the goals of the developmental disabilities provisions in Title 71A RCW, the goals of the state, and the needs of its citizens. The department of community, trade, and economic develop shall ensure that all program and staff support necessary to enable the ((ombudsman)) ombudsmen to effectively protect the interests of residents, patients, and clients of all long-term care facilities is provided by the nonprofit organization that contracts to provide ((long-term care)) ombudsman services. The ((long-term care)) ombudsman programs shall have the following powers and duties:

(1) To provide services for coordinating the activities of ((long-term care)) ombudsmen throughout the state;

(2) Carry out such other activities as the department of community, trade and economic development deems appropriate;

(3) Establish procedures consistent with RCW 43.190.110 for appropriate access by ((long-term care)) ombudsmen to long-term care facilities and patients’ records, including procedures to protect the confidentiality of the records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of the complainant or resident, or upon court order;

(4) Establish a state-wide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems, with provision for submission of such data to the department of social and health services and to the federal department of health and human services, or its successor agency, on a regular basis; and

(5) Establish procedures to assure that any files maintained by ombudsman programs shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:

(a) Such complainant or resident, or the complainant’s or resident’s legal representative, consents in writing to such disclosure; or

(b) Such disclosure is required by court order.

Sec. 4. RCW 43.190.040 and 1983 c 290 s 4 are each amended to read as follows:

(1) Any ((long-term care)) ombudsman authorized by this chapter or a local governmental authority shall have training or experience or both in the following areas:

(a) Gerontology, long-term care, or other related social services programs ((.));

(b) Developmental disabilities;

((c)) (d) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.

(2) An ((long-term care)) ombudsman shall not have been employed by any long-term care facility or program serving the developmentally disabled within the past three years.

(3) No ((long-term care)) ombudsman or any member of his or her immediate family shall have, or have had within the past three years, any pecuniary interest in the provision of long-term care health care facilities, or program serving the developmentally disabled.

Sec. 5. RCW 43.190.090 and 1983 c 290 s 9 are each amended to read as follows:

(1) No long-term care ombudsman or developmental disabilities ombudsman is liable for good faith performance of responsibilities under this chapter.

(2) No discriminatory, disciplinary, or retaliatory action may be taken against any employee of a facility, program or agency, any patient, resident or client of a long-term care facility or individual or agency providing services to persons with developmental disabilities, or any volunteer, for any communication made, or information given or disclosed, to aid the long-term care ombudsman or developmental disabilities ombudsman in carrying out its duties and responsibilities, unless the same was done maliciously and without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.

(3) All communications by a long-term care ombudsman or developmental disabilities ombudsman, if reasonable related to the requirements of that individual’s responsibilities under this chapter and done in good faith, are privileged and that privilege shall serve as a defense to any action in libel or slander.

(4) A representative of the offices of long-term care and developmental disabilities ombudsman is exempt from being required to testify in court as to any confidential matters except as the court may deem necessary to enforce this chapter.

(5) For the purposes of this chapter, the meaning of "retaliatory action" shall be consistent with the definition of "reprisal and retaliatory action" in RCW 42.40.050.

NEW SECTION. Sec. 6. Separate Office of developmental disabilities ombudsman created within the long-term care ombudsman program.

(1) The Office of developmental disabilities ombudsman is created within the long-term care ombudsman program. The office shall be charged with protecting the rights and interests of persons with developmental disabilities.

(2) State funds appropriated by the legislature in the biennial operating budget for use by the office of developmental disabilities ombudsman shall be awarded to the office of developmental disabilities ombudsman and shall not be diverted to any other provider, person or agency by any state agency or entity, except by action of the legislature.

NEW SECTION. Sec. 7. Duties of the department related to the separate developmental disabilities ombudsman program. The department of community, trade and economic development shall, consistent with state and federal laws,

(1) Monitor the expenditure of state funds under the contract for appropriate utilization of funds and the fulfillment of state and federal laws;

(2) Facilitate the exchange of information among appropriate state agencies and organizations regarding issues relating to the office of developmental disabilities ombudsman;

(3) Ensure that the office of developmental disabilities ombudsman has direct access to the directors of state governmental entities with responsibilities that impact on persons with developmental disaffiliate;

(4) Provide all program and staff support necessary to carry out the functions provided in subsections (1) through (3) of this section.

NEW SECTION. Sec. 8. Office of developmental disabilities ombudsman -- Services to be provided. The office of developmental disabilities ombudsman shall maintain a statewide presence and shall be responsible for protecting the rights and interest of individuals with developmental disabilities as they relate to the provision of services by the state of Washington or by individuals and entities contracting with the state of Washington. The office shall, to the extent that sufficient funds are available:

(1) Investigate, provide advocacy, and assist in the resolution of complaints at the lowest possible intervention level. The developmental disabilities ombudsman shall follow the expressed wishes of the individual with developmental disabilities in providing all services;

(2) Recruit, train and supervise volunteer ombudsmen to perform the functions of the office of developmental disabilities ombudsman, develop procedures for the certification of volunteer ombudsmen, and develop standards that define the permissible scope of duties of volunteer ombudsmen.

NEW SECTION. Sec. 9. Report to the legislature. (1) The office of developmental disabilities ombudsman shall provide the legislature with an annual report that includes:

(a) Demographics describing access to the ombudsman program by people with developmental disabilities and their families;

(b) A description of the issues identified as frequent in the complaint data;

(c) An identification of deficiencies on the part of service providers and systems and recommendations for remedial action;

(d) Recommendations for regulatory action by agencies that would improve the quality of life for individuals with developmental disabilities;

(e) Recommendations for legislative action that would improve the quality of life for individuals with developmental disabilities.

NEW SECTION. Sec. 10. Development of rules providing for right of entry to facilities by developmental disabilities ombudsmen -- Access to residents and records. (1) The department of community, trade and economic development shall adopt such rules as are necessary to establish a right of entry on behalf of developmental disabilities ombudsmen to the residential care facilities identified in this chapter and for reasonable access to residents with developmental disabilities at any time deemed necessary and reasonable by the office of developmental disabilities state ombudsman to effectively carry out the provision of this chapter. Such rules shall make adequate provision for privacy for the purpose of hearing, investigating, resolving complaints, and rendering advice to residents.

(2) The department, in cooperation with the department of social and health services, shall in addition adopt rules to ensure reasonable access by ombudsmen to the records of clients of the division of developmental disabilities and to ensure that such access will require the consent of the client or his or her guardian or legal representative.

NEW SECTION. Section 11. If any provision of this act or its application to any person or circumstances 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. 12. 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 takes effect July 1, 1997.

NEW SECTION. Sec. 13. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void."

Correct the title.

Representatives Cooke, Tokuda and Dyer 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 Cooke spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1752.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1752 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Murray - 1.

Engrossed Second Substitute House Bill No. 1752, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1527, by Representatives Chandler and Linville; by request of Department of Agriculture

Regulating pesticides.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1527 was substituted for House Bill No. 1527 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 1527 was read the second time.

Representative McMorris moved the adoption of the following amendment by Representative McMorris: (317)

On page 13, after line 28, insert the following:

"NEW SECTION. Sec. 21. A new section is added to chapter 17.21 RCW to read as follows:

(1) The purpose of this section is to establish a pilot project to evaluate the feasibility of establishing a limited private applicator license to facilitate the control of weeds, especially those defined as noxious weeds, in Washington state.

(2) "Limited private applicator" means a certified applicator who uses or is in direct supervision of the use of any herbicide classified by the EPA or the director as a restricted use pesticide, for the sole purpose of controlling weeds on nonproduction agricultural land owned or rented by the applicator or the applicator's employer. Nonproduction agricultural land includes pastures, range land, fencerows, and areas around farm buildings but not aquatic sites. A limited private applicator also may apply restricted use herbicides to nonproduction agricultural land of another person if applied without compensation other than trading of personal services between the applicator and the other person. A limited private applicator may not apply restricted use herbicides through any equipment defined under this chapter as an apparatus.

(3) A person may participate in the pilot project by applying to be licensed as a limited private applicator in 1998, 1999, or 2000. The application requirements, fee, and examination requirements for a limited private applicator are the same as for a private applicator.

(4)(a) A limited private applicator is exempt from the credit accumulation requirements of RCW 17.21.128(2)(a), and, upon application, begins a recertification period which ends on December 31, 2002.

(i) Limited private pesticide applicators first applying for a license in 1998 shall accumulate a minimum of ten department-approved credits by the end of the recertification period.

(ii) Limited private pesticide applicators first applying for a license in 1999 shall accumulate a minimum of eight department-approved credits by the end of the recertification period.

(iii) Limited private pesticide applicators first applying for a license in 2000 shall accumulate a minimum of six department-approved credits by the end of the recertification period.

(b) All credits must be applicable to the control of weeds with at least half of the credits directly related to weed control.

(5) Any limited private applicator who successfully completes the recertification requirements of this section is deemed to have met the credit accumulation requirements of RCW 17.21.128(2)(a) for private applicators.

(6) This section applies only to certified applicators in Ferry and Okanogan counties, Washington and expires December 31, 2002."

Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title.

Representatives McMorris and Chandler spoke in favor of the adoption of the amendment.

Representative Linville spoke against 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 Chandler spoke in favor of passage of the bill.

Representative Linville spoke against passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1527.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1527 and the bill passed the House by the following vote: Yeas - 68, Nays - 29, Absent - 1, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cooke, Cooper, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lantz, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 68.

Voting nay: Representatives Blalock, Butler, Cody, Cole, Constantine, Conway, Costa, Dickerson, Dunshee, Fisher, Gardner, Kastama, Keiser, Kenney, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria and Wolfe - 29.

Absent: Representative Sheldon - 1.

Engrossed Second Substitute House Bill No. 1527, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2096, by Representatives Chandler and K. Schmidt

Consolidating the state’s oil spill prevention programs.

The bill was read the second time. There being no objection, Substitute House Bill No. 2096 was substituted for House Bill No. 2096 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2096 was read the second time.

Representative Cooper moved the adoption of the following amendment by Representative Cooper: (240)

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.21I.005 and 1991 c 200 s 401 are each amended to read as follows:

(1) The legislature declares that Washington's waters have irreplaceable value for the citizens of the state. These waters are vital habitat for numerous and diverse marine life and wildlife and the source of recreation, aesthetic pleasure, and pride for Washington's citizens. These waters are also vital for much of Washington's economic vitality.

The legislature finds that the transportation of oil on these waters creates a great potential hazard to these important natural resources. The legislature also finds that there is no state agency responsible for maritime safety to ensure this state's interest in preserving these resources.

The legislature therefore finds that in order to protect these waters it is necessary to establish an office of marine safety which will have the responsibility to promote the safety of marine transportation in Washington.

(2) The legislature finds that adequate funding is necessary for the state to continue its priority focus on the prevention of oil spills, as well as maintain a strong oil spill response, planning, and environmental restoration capability. The legislature further finds that long-term environmental health of the state's waters depends upon the strength and vitality of its oil spill prevention and response program that fosters planning, coordination, and incident command. To that end, the merger of the office of marine safety with the department of ecology shall: Ensure coordination via streamlining the marine safety functions of two agencies into one; provide a focused prevention and response program under a single administration; generate efficient incident command response capability and continue to meet the challenges threatening marine safety and the environment; and increase accountability to the public, the executive branch, and the legislature.

(3) It is the intent of the legislature that the state's oil spill prevention, response, planning, and environmental restoration activities be sufficiently funded to maintain a strong prevention and response program. It is further the intent of the legislature that the merger of the office of marine safety with the department of ecology be accomplished in an organizational manner that maintains a priority focus and position for the oil spill prevention and response program. The merger shall allow for ready identification of the program by the public and ensure no diminution in the state's commitment to marine safety and environmental protection as follows:

(a) The director of the department of ecology shall consolidate all of the existing oil spill prevention, planning, and response programs and personnel into a division or equivalent unit of organization within the department. The division shall be managed by a single administrator who is an assistant director or person of equivalent status in the department's organization. The administrator shall report directly to the director.

(b) The consolidated oil spill program unit within the department shall maintain prevention of oil spills as a specific program.

(c) The department shall identify and participate in resolving threats to safety of marine transportation and the impact of marine transportation on the environment.

Sec. 2. RCW 82.23B.020 and 1995 c 399 s 214 are each amended to read as follows:

(1) An oil spill response tax is imposed on the privilege of receiving crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine terminal from a waterborne vessel or barge at the rate of ((two)) one cent((s)) per barrel of crude oil or petroleum product received.

(2) In addition to the tax imposed in subsection (1) of this section, an oil spill administration tax is imposed on the privilege of receiving crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine terminal from a waterborne vessel or barge at the rate of ((three)) four cents per barrel of crude oil or petroleum product.

(3) The taxes imposed by this chapter shall be collected by the marine terminal operator from the taxpayer. If any person charged with collecting the taxes fails to bill the taxpayer for the taxes, or in the alternative has not notified the taxpayer in writing of the imposition of the taxes, or having collected the taxes, fails to pay them to the department in the manner prescribed by this chapter, whether such failure is the result of the person's own acts or the result of acts or conditions beyond the person's control, he or she shall, nevertheless, be personally liable to the state for the amount of the taxes. Payment of the taxes by the owner to a marine terminal operator shall relieve the owner from further liability for the taxes.

(4) Taxes collected under this chapter shall be held in trust until paid to the department. Any person collecting the taxes who appropriates or converts the taxes collected shall be guilty of a gross misdemeanor if the money required to be collected is not available for payment on the date payment is due. The taxes required by this chapter to be collected shall be stated separately from other charges made by the marine terminal operator in any invoice or other statement of account provided to the taxpayer.

(5) If a taxpayer fails to pay the taxes imposed by this chapter to the person charged with collection of the taxes and the person charged with collection fails to pay the taxes to the department, the department may, in its discretion, proceed directly against the taxpayer for collection of the taxes.

(6) The taxes shall be due from the marine terminal operator, along with reports and returns on forms prescribed by the department, within twenty-five days after the end of the month in which the taxable activity occurs.

(7) The amount of taxes, until paid by the taxpayer to the marine terminal operator or to the department, shall constitute a debt from the taxpayer to the marine terminal operator. Any person required to collect the taxes under this chapter who, with intent to violate the provisions of this chapter, fails or refuses to do so as required and any taxpayer who refuses to pay any taxes due under this chapter, shall be guilty of a misdemeanor as provided in chapter 9A.20 RCW.

(8) Upon prior approval of the department, the taxpayer may pay the taxes imposed by this chapter directly to the department. The department shall give its approval for direct payment under this section whenever it appears, in the department's judgment, that direct payment will enhance the administration of the taxes imposed under this chapter. The department shall provide by rule for the issuance of a direct payment certificate to any taxpayer qualifying for direct payment of the taxes. Good faith acceptance of a direct payment certificate by a terminal operator shall relieve the marine terminal operator from any liability for the collection or payment of the taxes imposed under this chapter.

(9) All receipts from the tax imposed in subsection (1) of this section shall be deposited into the state oil spill response account. All receipts from the tax imposed in subsection (2) of this section shall be deposited into the oil spill administration account.

(10) Within forty-five days after the end of each calendar quarter, the office of financial management shall determine the balance of the oil spill response account as of the last day of that calendar quarter. Balance determinations by the office of financial management under this section are final and shall not be used to challenge the validity of any tax imposed under this chapter. The office of financial management shall promptly notify the departments of revenue and ecology of the account balance once a determination is made. For each subsequent calendar quarter, the tax imposed by subsection (1) of this section shall be imposed during the entire calendar quarter unless:

(a) Tax was imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than ((twenty-five)) ten million dollars; or

(b) Tax was not imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than ((fifteen)) nine million dollars.

(((11) The office of marine safety, the department of revenue, and the department of community, trade, and economic development shall study tax credits for taxpayers employing vessels with the best achievable technology and the best available protection to reduce the risk of oil spills to the navigable waters of the state and submit the study to the appropriate standing committees of the legislature by December 1, 1992.))

Sec. 3. RCW 90.56.510 and 1995 2nd sp.s. c 14 s 525 are each amended to read as follows:

(1) The oil spill administration account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. On July 1 of each odd-numbered year, if receipts deposited in the account from the tax imposed by RCW 82.23B.020(2) for the previous fiscal biennium exceed the amount appropriated from the account for the previous fiscal biennium, the state treasurer shall transfer the amount of receipts exceeding the appropriation to the oil spill response account. If, on the first day of any calendar month, the balance of the oil spill response account is greater than ((twenty-five)) ten million dollars and the balance of the oil spill administration account exceeds the unexpended appropriation for the current biennium, then the tax under RCW 82.23B.020(2) shall be suspended on the first day of the next calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the last six months of the biennium. If the tax imposed under RCW 82.23B.020(2) is suspended during two consecutive biennia, the department shall by November 1st after the end of the second biennium, recommend to the appropriate standing committees an adjustment in the tax rate. For the biennium ending June 30, 1997, the state treasurer may transfer up to $1,718,000 from the oil spill response account to the oil spill administration account to support appropriations made from the oil spill administration account in the omnibus and transportation appropriations acts adopted not later than June 30, 1997.

(2) Expenditures from the oil spill administration account shall be used exclusively for the administrative costs related to the purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW. Starting with the 1995-1997 biennium, the legislature shall give activities of state agencies related to prevention of oil spills priority in funding from the oil spill administration account. Costs of administration include the costs of:

(a) Routine responses not covered under RCW 90.56.500;

(b) Management and staff development activities;

(d) Facility and vessel plan review and approval, drills, inspections, investigations, enforcement, and litigation;

(e) Interagency coordination and public outreach and education;

(f) Collection and administration of the tax provided for in chapter 82.23B RCW; and

(g) Appropriate travel, goods and services, contracts, and equipment.

NEW SECTION. Sec. 4. All employees of the office of marine safety are transferred to the jurisdiction of the department of ecology. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 5. (1) An oil spill prevention and response advisory committee is created within the department of ecology. The committee shall consist of ten members as follows: Four legislators, one from each caucus; one member each to represent the marine oil transportation industry, the marine cargo transportation industry, the fishing industry, the shellfish industry, an environmental organization, and the department of ecology. The member representing the department of ecology shall be an ex-officio member. Legislative members shall be appointed by the speaker of the house of representatives or the president of the senate, as appropriate. The director of the department of ecology shall appoint all other members.

(2) By December 1, 1998, the committee shall submit a report to the appropriate standing committees of the legislature evaluating the merger of the functions of the office of marine safety into the department of ecology.

(3) This section expires June 30, 1999.

NEW SECTION. Sec. 6. 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 takes effect July 1, 1997."

Correct the title.

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

The amendment was adopted.

Representative Regala moved the adoption of the following amendment (259) to the amendment by Representative Cooper: (240)

On page 3, line 4 of the amendment, strike "four" and insert "one"

On page 3, after line 5 of the amendment, insert the following:

"(3)In addition to the taxes imposed in subsections (1) and (2) of this section, an oil spill prevention tax is imposed on the privilege of receiving crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine terminal from a waterborne vessel or barge at the rate of three cents per barrel of crude oil or petroleum product received."

Renumber remaining subsections consecutively and correct internal references accordingly.

On page 4, line 17 of the amendment, after "account." insert "All receipts from the tax imposed in subsection (3) of this section shall be deposited into the oil spill prevention account."

On page 6, after line 33 of the amendment, insert the following:

"NEW SECTION. Sec. 6. A new section is added to chapter 90.56 RCW to read as follows:

(1) The oil spill prevention account is created in the state treasury. All receipts from RCW 82.23B.020(3) shall be deposited into the account. Monies from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. The state treasurer may transfer funds from the oil spill response account to support appropriations made from the oil spill prevention account in the omnibus and transportation appropriations acts.

(2) Expenditures from the oil spill prevention account shall be used exclusively for the administration costs related to the purposes of this chapter and prevention activities in chapters 90.56, 88.40, and 88.46 RCW. Costs of administration and those related to preventions shall include:

(a) Management and staff development activities;

(b) Facility and vessel prevention plan review and approval, inspections, investigations, enforcement and litigation;

and education;

(d) Collection and administration of the tax provided for in chapter 82.23B RCW; and

(e) Appropriate travel, goods and services, contracts and equipment."

Renumber remaining sections consecutively and correct and internal references accordingly.

Representatives Regala and Anderson spoke in favor of the adoption of the amendment.

Representative Chandler spoke against the adoption of the amendment to the amendment. The amendment to the amendment was not adopted.

The Speaker (Representative Pennington presiding) stated the question before the House to be adoption of amendment 240 to Substitute House Bill No. 2096.

The amendment was adopted.

The bill was ordered engrossed.

Representatives Cooper, Chandler and Buck spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2096.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2096 and the bill passed the House by the following vote: Yeas - 77, Nays - 21, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Linville, Lisk, Mastin, McDonald, McMorris, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 77.

Voting nay: Representatives Anderson, Blalock, Boldt, Butler, Chopp, Cody, Cole, Constantine, Dickerson, Fisher, Keiser, Kenney, Kessler, Lantz, Mason, Mielke, Murray, Regala, Romero, Tokuda and Veloria - 21.

Engrossed Substitute House Bill No. 2096, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on Engrossed Substitute House Bill No. 2096.

MARLIN APPELWICK, 46^th District

There being no objection, the House deferred consideration of House Bill No. 2041 and the bill held it’s place on the second reading calendar.

HOUSE BILL NO. 1584, by Representatives Sherstad, Zellinsky, Dyer, Skinner, Backlund and Johnson

Revising provisions for school district employee benefits.

The bill was read the second time.

Representative Calson moved the adoption of the following amendment by Representative Carlson: (291)

On page 2, line 2, after "limited to" strike "one or more of the following: Medical" and insert "medical"

On page 2, line 3, after "coverage." insert "Basic benefits may be limited to one or more of the basic benefits listed in this subsection if all employee bargaining units in the district agree to the limitation."

Representatives Carlson, Cody and Sherstad 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 Sherstad spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1584.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1584 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Engrossed House Bill No. 1584, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1898, by Representatives Johnson, Cole, Blalock, Zellinsky, Cooper, Tokuda, Dickerson, Keiser, Regala, Ogden, Conway and Linville; by request of Board of Education

Establishing teacher assessments for certification.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1898 was substituted for House Bill No. 1898 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 1898 was read the second time.

Representative Lambert moved the adoption of the following amendment by Representative Lambert: (276)

On page 2, beginning on line 36, strike all of subsection (4).

Renumber the remaining subsections consecutively and correct internal references accordingly.

Representatives Lambert, Johnson and Cole spoke in favor of the adoption of the amendment. The amendment was adopted.

Representative H. Sommers moved the adoption of the following amendment by Representative H. Sommers: (140)

On page 4, beginning on line 6, strike all material on lines 6 through 12 and insert the following:

"By December 1 of 1998, and biennially thereafter, the state board of education shall prepare a report on the number and percentage of candidates who are successful in passing the assessments for certification required under section 2 of this act. The information shall be reported for the individual public and private colleges and universities in Washington as well as reported on an aggregate basis. The report shall also include results dis-aggregated demographically. The report is to be made available through the state library and placed on the legislative alert list."

Representatives H. Sommers and 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.

Representatives Johnson and Cole spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1898.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1898 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Engrossed Second Substitute House Bill No. 1898, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1943, by Representatives Reams, Scott, D. Schmidt, Kessler and Schoesler

Increasing special district commissioner per diem compensation.

The bill was read the second time. There being no objection, Substitute House Bill No. 1943 was substituted for House Bill No. 1943 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1943 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 D. Schmidt and Scott spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1943.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1943 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Substitute House Bill No. 1943, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1624, by Representatives Thompson, Dunn, Mulliken, Mielke and Boldt

Defining wetlands for growth management purposes.

The bill was read the second time. There being no objection, Substitute House Bill No. 1624 was substituted for House Bill No. 1624 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1624 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 Thompson, Cairnes, Dunn and Buck spoke in favor of passage of the bill.

Representatives Gardner, Linville, Lantz, and Dunshee spoke against passage of the bill.

Representative Zellinsky demanded the previous question and the demand was sustained.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1624.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1624 and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 62.

Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 36.

Substitute House Bill No. 1624, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1578, by Representatives H. Sommers, McMorris, Lisk, Scott, Cole, Clements, Gombosky, Honeyford, Schoesler, Ballasiotes, Cody, Conway, Carlson, Kenney, Ogden, Chopp, Hatfield, Sheahan, Sterk, Wood, Romero, Tokuda, Blalock, Dickerson, O'Brien, Sheldon, Cooper and Gardner

Revising the regulation of liquor sales in designated restricted liquor zones.

The bill was read the second time. There being no objection, Substitute House Bill No. 1578 was substituted for House Bill No. 1578 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1578 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 H. Sommers, O'Brien and Chandler spoke in favor of passage of the bill.

There being no objection, the House deferred of Substitute House Bill No. 1578 and the bill held it's place on the third reading calendar.

The Speaker assumed the chair.

HOUSE BILL NO. 1966, by Representatives Chandler, Mulliken, Radcliff, Butler, Mason, O'Brien and Morris

Raising the total amount of waivers allowed for Central Washington University.

The bill was read the second time. There being no objection, Substitute House Bill No. 1966 was substituted for House Bill No. 1966 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1966 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 Chandler, Carlson, Mason and Keiser 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. 1966.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1966 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Substitute House Bill No. 1966, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2226, by Representatives Dyer, Cody, Cooke, Crouse, Sheahan, Clements, Alexander, Wensman, Sehlin, Carlson, Talcott, D. Schmidt, Benson, Regala, Tokuda, Anderson, Wood, Hatfield, Kessler, Blalock, Backlund and Kenney

Establishing residency requirements for subsidized enrollees in the basic health plan.

The bill was read the second time. There being no objection, Substitute House Bill No. 2226 was substituted for House Bill No. 2226 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2226 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 Dyer, Cooke and Clements spoke in favor of passage of the bill.

Representatives Cody spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2226.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2226 and the bill passed the House by the following vote: Yeas - 66, Nays - 32, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood and Mr. Speaker - 66.

Voting nay: Representatives Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Zellinsky - 32.

Substitute House Bill No. 2226, having received the constitutional majority, was declared passed.

MOTION FOR RECONSIDERATION

Representative Robertson: Having voted on the prevailing side, moved that the House immediately reconsider the vote on Substitute House Bill No. 2226. The motion was carried.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2226.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2226 and the bill passed the House by the following vote: Yeas - 68, Nays - 30, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 68.

Voting nay: Representatives Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria and Wolfe - 30.

Substitute House Bill No. 2226, having received the constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4005, by Representatives Mulliken, Chandler, Hankins, Sheahan, Skinner, Lisk, Delvin, Clements, Honeyford, Schoesler, Mastin, Grant, Mielke and McMorris

Returning land within the Hanford control zone to agricultural and wildlife uses.

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 Mulliken and Chandler spoke in favor of passage of the bill.

Representative Anderson spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of House Joint Memorial No 4005.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4005 and the bill passed the House by the following vote: Yeas - 60, Nays - 38, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 60.

Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 38.

House Joint Memorial No. 4005, having received the constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4019, by Representatives Boldt, Dunn, Sump, Pennington, Mielke, McMorris, Koster, Clements, Backlund, D. Sommers, D. Schmidt, Schoesler, Cooke, Lambert and Bush

Petitioning Idaho and Oregon to establish a tristate committee to deal with the problem of interstate public assistance fraud.

The bill was read the second time.

With the consent of the House, amendment number 179 to House Joint Memorial No. 4019 was withdrawn.

Representative Boldt moved the adoption of the following amendment by Representative Boldt: (198)

On page 1, after line 7 strike everything and insert the following:

We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

WHEREAS, Due to federal legislative action by the Honorable William J. Clinton, President of United States, and the Senate and House of Representatives of United States, the nature of the federal public assistance system is undergoing the most dramatic change in the past sixty years; and

WHEREAS, Federal legislation requires that states be increasingly diligent concerning how public assistant monies are spent and compels states to ensure that those who are receiving public assistance are truly in need; and

WHEREAS, States will have the opportunity to design and administer income assistance programs that may be substantially and materially different from bordering states; and

WHEREAS, There is an increased need for better communications and coordination between bordering states regarding interstate public assistance policies; and

WHEREAS, There is concern that interstate public assistance fraud exists and that the recent changes in public assistance laws may increase the potential for this type of activity; and

WHEREAS, It is the intent of the Washington State Legislature to appoint four members of the Legislature to a tristate committee dealing with interstate public assistance policies, to consist of one member each from the majority and minority caucuses of the house to be appointed by the speaker of the house of representatives and one member each from the majority and minority caucuses of the senate to be appointed by the majority leader of the senate, for the purpose of meeting at least once prior to November 1, 1997;

NOW, THEREFORE, Your Memorialists respectfully pray that a tri-state committee dealing with interstate public assistance policies be established among the states of Idaho, Oregon, and Washington for the purposes of developing cooperative relationships aimed at creating effective strategies to deal with the issues surrounding interstate public assistance policies.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Philip E. Batt, Governor of the State of Idaho; The Honorable John Kitzhaber, Governor of the State of Oregon, the President of the Idaho State Senate; the President of the Oregon State Senate; the Speaker of the Idaho State House of Representatives; the Speaker of the Oregon State House of Representatives, and to the Idaho State Senate and House of Representatives and the Oregon State Senate and House of Representatives.

Representative Boldt spoke in favor of the adoption of the amendment. The amendment was adopted.

There being no objection, the House deferred of House Joint Memorial No. 4019 and the memorial held it’s place on the second reading calendar.

HOUSE JOINT MEMORIAL NO. 4020, by Representatives Ballasiotes, Costa, Radcliff, Cole, Hankins, Quall, Skinner, Morris, Thompson, Poulsen, Kenney, DeBolt, Conway, Mason, Benson, Cooper, Delvin, Blalock, Honeyford, Dunshee, Van Luven, Zellinsky, Mulliken, Alexander, Scott, L. Thomas, Clements, Parlette, Mastin, Chandler, Schoesler, Robertson and Linville

Requesting Congress adopt the proposed victims' rights amendment to the Constitution of the United States.

The memorial was read the second time.

Representative Ballasiotes moved the adoption of the following amendment by Representative Ballasiotes: (350)

On page 1, after line 7, strike all material through page 2, line 30, and insert the following:

"WHEREAS, In applying and interpreting the vital guarantees of the United States Constitution that protects the liberties of all citizens, the criminal justice system has lost an essential balance; and

WHEREAS, One violent crime is committed in America every sixteen seconds; and

WHEREAS, The criminal justice system has not provided sufficient protection or representation of the innocent, the honest, and the helpless victims of crime; and

WHEREAS, With over thirty-five million Americans victimized in the United States each year, crime victims are rapidly becoming a majority; and

WHEREAS, Crime victims play an indispensable role in bringing offenders to justice, thus preventing further violence; and

WHEREAS, As a nation devoted to freedom, liberty, and justice for all, Americans must plant the seeds of justice to restore and protect the rights of those who have been criminally victimized; and

WHEREAS, Harvesting justice over the last two decades has been accomplished in part by the millions of survivors of criminal acts, their families, and advocates whose commitment and spirit has persevered while confronting an increasingly violent nation; and

WHEREAS, In 1982, the President's Task Force on Victims of Crime recommended an amendment to the Constitution of the United States addressing victims' rights; and

WHEREAS, In 1989, the citizens of Washington State adopted an amendment to the state Constitution granting basic and fundamental rights to the victims and families of victims of felony crimes; and

WHEREAS, Under Article V of the Constitution of the United States, amendments to the Constitution of the United States may be proposed by the Congress of the United States or, upon the application of the legislatures of two-thirds of the states; and

WHEREAS, There is currently before the Congress for consideration a proposed victims' rights amendment to the Constitution of the United States;

NOW, THEREFORE, Your Memorialists, respectfully request that the Congress adopt the proposed victims' rights amendment to the Constitution of the United States, and that the amendment be submitted to the states for ratification.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."

Representative Ballasiotes spoke in favor of the adoption of the amendment. The amendment was adopted.

The memorial 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 Ballasiotes and Costa spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Joint Memorial No. 4020.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Joint Memorial No. 4020 and the bill passed the House by the following vote: Yeas - 91, Nays - 7, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

Voting nay: Representatives Backlund, Dunn, Koster, Lambert, Sherstad, Sommers, D. and Thomas, B. - 7.

Engrossed House Joint Memorial No. 4020, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1660, by Representative Koster

Creating Skykomish county.

The bill was read the second time. There being no objection, Substitute House Bill No. 1660 was substituted for House Bill No. 1660 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1660 was read the second time.

Representative Dunshee moved the adoption of the following amendment by Representative Dunshee: (351)

On page 2, beginning on line 3, after "voters" insert "in King county"

On page 2, line 4, after "county" insert "and the voters in Snohomish county"

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

Representatives Koster and D. Schmidt spoke against the adoption of the amendment.

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

ROLL CALL

The Clerk called the roll on the adoption of the amendment (351) on page 2, beginning on line 3, to Substitute House Bill No. 1660 and the amendment was not adopted by the following vote: Yeas - 44, Nays - 54, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunn, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Van Luven, Veloria, Wolfe and Wood - 44.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 54.

Representative Koster moved the adoption of the following amendment by Representative Koster: (339)

On page 16, beginning on line 12, after "county." strike all material through "required." on line 14 and insert "There shall be no valuation, financial apportionment of equities, or compensation for equities of real property, roads, and bridges."

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

Representative Dunshee spoke against adoption of the amendment.

The amendment was adopted.

Representative Dunshee moved the adoption of the following amendment by Representative Dunshee: (333)

On page 21, after line 18, insert the following:

"NEW SECTION. Sec. 605. If specific funding for the purposes of section of 103 of this act, referencing section 103 of this act by section number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void."

Representatives Dunshee and Costa spoke in favor of the adoption of the amendment.

Representatives Koster and D. Schmidt spoke against 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 Koster and Pennington spoke in favor of passage of the bill.

Representatives Dunshee, Chopp, Zellinsky, and O'Brien spoke against passage of the bill.

Representative K. Schmidt demanded the previous question and the demanded was not sustained.

Representatives Cooper spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1660.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1660 and the bill passed the House by the following vote: Yeas - 53, Nays - 45, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mulliken, Parlette, Pennington, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman and Mr. Speaker - 53.

Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Mitchell, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Radcliff, Regala, Romero, Schmidt, K., Scott, Sommers, H., Tokuda, Veloria, Wolfe, Wood and Zellinsky - 45.

Substitute House Bill No. 1660, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1337, by Representatives Dyer, Backlund and Sherstad

Authorizing providers and provider groups to offer health care coverage.

The bill was read the second time. There being no objection, Substitute House Bill No. 1337 was substituted for House Bill No. 1337 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1337 was read the second time.

Representative Dyer moved the adoption of the following amendment by Representative Dyer: (322)

On page 2, beginning on line 8, after "a" strike the remainder of the section and insert "health carrier regulated by this title.

(4) The commissioner’s authority to regulate a health care provider, a health care facility, or a provider network is preempted by federal law when the provider, facility, or network is contracting with a third party payer governed by the federal Employee Retirement Income Security Act of 1974 (ERISA), as amended, or the federal Labor Management Relations (Taft-Hartley) Act of 1947, as amended."

Representative Cody moved the adoption of the following amendment (377) to the amendment by Representative Dyer (322):

On page 1, after line 11 insert

"(5) Nothing in the section shall limit the commissioner’s authority to regulate a health care provider, a health care facility, or a provider network when the provider, facility, or network is contracting with a third party payer other than as stated in subsection (4) of this section."

Representative Cody spoke in favor of the adoption of the amendment to the amendment.

Representative Dyer spoke against the adoption of the amendment to the amendment. The amendment to the amendment was not adopted.

With the consent of the House, amendment number 348 to Substitute House Bill No. 1337 was withdrawn.

The Speaker stated the question before the House to be adoption of amendment (322) to Substitute House Bill No. 1337. 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 Dyer spoke in favor of passage of the bill.

Representative Cody spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1337.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1337 and the bill passed the House by the following vote: Yeas - 63, Nays - 35, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 63.

Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Keiser, Kenney, Lantz, Linville, Mason, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 35.

Engrossed Substitute House Bill No. 1337, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1872, by Representatives K. Schmidt, Scott, Mitchell and Hankins

Improving public transportation performance.

The bill was read the second time. There being no objection, Substitute House Bill No. 1872 was substituted for House Bill No. 1872 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1872 was read the second time.

Representative Mitchell moved the adoption of the following amendment by Representative Mitchell: (329)

On page 2, line 4, after "met." insert "The program must include cross-jurisdictional strategies, goals, and objectives."

Representatives Mitchell and Fisher spoke in favor of the adoption of the amendment. The amendment was adopted.

Representative Backlund moved the adoption of the following amendment by Representative Backlund: (327)

On page 14, line 4, after "act" strike everything through "budget" on line 6

Representative Backlund spoke in favor of the adoption of the amendment. The amendment was adopted.

Representative Radcliff moved the adoption of the following amendment by Representative Radcliff: (330)

On page 15, beginning on line 24, strike all of section 16 and insert the following:

"NEW SECTION. Sec. 16. LEGISLATIVE FINDINGS. The legislature finds and declares that:

(1) The Puget Sound region is experiencing rapid growth, which is already straining transportation capacity, and threatening the economic viability of the area. The Puget Sound region is the state's largest urban area and most important economic region, and it is in the interest of the state to establish policies that facilitate preservation and enhancement of the economic viability of this region.

(2) The state has the primary responsibility for providing state highway capacity throughout the state, including the Puget Sound region. However, state, regional, and local policies do not envision construction of general purpose highway facilities to accommodate future growth in the Puget Sound region, but instead rely on a number of factors, especially attraction of single-occupant automobile users to transit and ride-sharing alternatives. As a result the state has a substantial and direct interest in the success of these policies to substitute alternative modes of transport, including public transit.

(3) Regional and local authorities have, in accordance with state and federal requirements, adopted a metropolitan transportation plan that forecasts a significant increase in transit ridership both within the constraints of existing resources and with expanded resources.

(4) The ridership trend of transit operators within the Puget Sound region falls short of the rate necessary to achieve the long-term transit ridership forecasts. Correction of this trend will require substantial increases in service, to be achieved, in part, within current resource constraints. However, these service increases are unlikely to occur without a performance program that provides transit operators with incentives to improve their cost-effectiveness.

(5) Transit agencies receive a substantial amount of state and local funding, including funds from the motor vehicle excise tax, which is declared to be a state tax, and local taxes authorized under state law. The state has an interest in ensuring that these funds are used cost-effectively. It is in the state's interest to establish a transit performance program for the Puget Sound region.

NEW SECTION. Sec. 17. DEFINITIONS. The definitions set forth in this section apply throughout this chapter.

(1) "Basic resource targets" mean ridership and service level targets based upon the Puget Sound regional council metropolitan transportation plan "financially constrained" strategy 2020 forecast in effect as of January 1, 1996.

(2) "Bus" means a motor bus or trolley bus.

(3) "Expanded resource targets" mean the ridership and service level targets based upon the Puget Sound regional council metropolitan transportation plan "preferred" strategy forecast in effect as of January 1, 1996.

(4) "Inflation adjustment" means adjustment of financial data using the Consumer Price Index: Urban Wage Earners and Clerical Workers (CPI-W) for Seattle-Tacoma, Washington, as published by the United States department of labor.

(5) "Operating cost" means all operating costs reported through the federal transit administration national transit data base as defined on January 1, 1994, or its successor, including vehicle operations, vehicle maintenance, nonvehicle maintenance, and general and administrative costs.

(6) "Puget Sound region" means the area consisting of a county with a population greater than one million persons, any counties abutting it that have populations greater than four hundred thousand persons, and any counties abutting it that have populations greater than two hundred thousand persons and are served by the Washington state ferry system.

(7) "Puget Sound regional council" means the metropolitan planning organization for the county having the largest population in the Puget Sound region.

(8) "Unlinked passenger trip" has the meaning as defined under the United States department of transportation, federal transit administration national transit data base as of January 1, 1994.

(9) "Vehicle hour" has the meaning as defined under the United States department of transportation, federal transit administration national transit data base as of January 1, 1994.

NEW SECTION. Sec. 18. PUGET SOUND TRANSIT PERFORMANCE PROGRAM. A Puget Sound transit performance program is established and applies to the transit operations of all municipalities as defined in RCW 35.58.272 and the regional transit authority established under chapter 81.112 RCW in the Puget Sound region. The program consists of the following:

(1) Unit cost, ridership, and service level performance targets for the Puget Sound region and transit operators as provided by sections 19 through 26 of this act;

(2) Unit cost regulation as provided by sections 27 through 33 of this act;

(3) The Puget Sound transit expansion account established by section 34 of this act;

(4) Truth in planning reporting as provided by section 35 of this act; and

(5) Related reporting requirements.

NEW SECTION. Sec. 19. PERFORMANCE TARGETS. The initial performance targets for 2020 are:

(1) A unit cost target for each transit operator of $56.00 operating cost per vehicle hour in 1994 dollars, converted to 1999 dollars through inflation adjustment. This cost per hour target is an estimate of the cost level required to achieve the 2020 basic resource ridership target under the assumptions of the metropolitan transportation plan "financially constrained" strategy;

(2) Basic resource targets for ridership and service level as defined in section 17 of this act;

(3) A ridership target of 185,000,000 unlinked passenger trips annually, exclusive of services funded by the regional transit authority.

NEW SECTION. Sec. 20. INTERIM RIDERSHIP TARGETS. The Puget Sound regional council, in cooperation with and with the unanimous consent of the transit operators, shall establish annual unlinked passenger trip forecasts, allocated by transit operator. The annual forecasts must be based upon achievement of the 2020 target of this chapter, and the total unlinked passenger trip targets allocated to the operators must balance to the total Puget Sound region unlinked passenger trip forecasts. The total Puget Sound region ridership target in each year must represent no less than eighty percent of the increase from the base year that would be required under the "straight line default" targets of section 21 of this act. The council shall forward notice of interim target adoption to the state auditor, who upon certifying consistency with the requirements of this chapter, shall use these targets in administering unit cost regulation and in "truth in planning" reporting.

NEW SECTION. Sec. 21. RIDERSHIP STRAIGHT LINE DEFAULT TARGETS. (1) Until such time as interim ridership targets are certified by the state auditor under section 20 of this act, the auditor shall use straight line default targets in administering unit cost regulation and "truth in planning" requirements. The unlinked passenger trip target will be increased each year by 1/23 of the difference between the base year 1997 unlinked trips and the 2020 target. The auditor shall allocate individual operator targets for each year based upon the percentage of base year Puget Sound region unlinked trips carried by the operator.

(2) Straight line default targets apply to any year for which the cooperative process in section 20 of this act did not result in certification of the interim target before the commencement of that year.

NEW SECTION. Sec. 22. SERVICE LEVEL TARGETS. (1) The Puget Sound regional council shall establish a basic resource service level target of 8,360,000 bus vehicle hours annually for 2020.

(2) The Puget Sound regional council, in cooperation with and with the unanimous consent of the transit operators, shall establish annual vehicle hour targets, allocated by transit operator. The annual targets must be based upon achievement of the 2020 target in this chapter, and the total annual vehicle hour targets allocated to the operators must balance to the total Puget Sound region annual vehicle hour targets. The total Puget Sound region ridership target in each year must represent no less than eighty percent of the increase from the base year that would be required under the "straight line default" scenario of section 23 of this act. The council shall forward notice of interim target adoption to the state auditor, who upon certifying consistency with the requirements of this chapter, shall use these targets in administering unit cost regulation and in "truth in planning" reporting.

NEW SECTION. Sec. 23. UNIT STRAIGHT LINE DEFAULT TARGETS. Until such time as interim service level targets are certified by the state auditor under section 22 of this act, the state auditor shall use straight line default targets in administering unit cost regulation and "truth in planning" requirements. The vehicle hours target will be increased each year by 1/23 of the difference between base year 1997 vehicle hours and the 2020 target. The auditor shall allocate individual operator targets for each year based upon the percentage of base year Puget Sound region vehicle hours provided by the operator.

NEW SECTION. Sec. 24. The state auditor shall revise future annual service level targets for an operator to reflect any revision in future cost per vehicle hour targets under section 30 of this act. The new vehicle hour target in any year must be equal to the existing vehicle hour target for the year multiplied by the preexisting cost per vehicle hour target divided by the revised cost per vehicle hour targets for the corresponding year. The auditor shall revise total Puget Sound region service level targets to reflect the revised transit operator service level targets.

NEW SECTION. Sec. 25. The Puget Sound regional council shall establish interim expanded resource targets as defined in section 17 of this act for the year 2020. The ridership target for the year 2020 is 295 million unlinked passenger trips annually. Following the general procedures in sections 20 and 21 of this act, interim annual targets must be established, submitted, and certified.

NEW SECTION. Sec. 26. In establishing the 2020 expanded service level target, the Puget Sound regional council shall provide the 2020 incremental service level forecast using the metropolitan transportation plan "preferred strategy" service level minus the "financially constrained strategy" service level. Rail service must be converted to bus equivalents using the federal transit administration formula used in its latest biennial "needs" report to the United States Congress, or its successor. The target is the incremental service level plus the basic service level, stated in bus vehicle hours, including bus vehicle hour equivalents of rail service. Following the general procedures in sections 22 through 24 of this act, interim annual targets must be established, submitted, and certified.

NEW SECTION. Sec. 27. UNIT COST REGULATION. (1) Each transit operator in the Puget Sound region is subject to unit cost regulation or CPI-X factor, as set forth in section 28 of this act.

(2) The state auditor shall administer unit cost regulation and apply it to bus operating costs per vehicle hour of fixed route service open to the general public. The auditor shall perform all calculations and certifications required under this chapter in compliance with the provisions of this chapter.

NEW SECTION. Sec. 28. CALCULATION OF INITIAL CPI-X FACTOR. (1) The auditor shall calculate an initial CPI-X factor for each operator. The CPI-X factor is the annual percentage decline in inflation adjusted cost per vehicle hour necessary to reach the initial 2020 operating cost per vehicle hour target in 2020 established in section 19(1) of this act.

(2) The auditor shall calculate a schedule of annual cost per vehicle hour targets for each year from the base year to 2020, with each year's target reduced by the operator's CPI-X factor. The first year's target is the base year actual cost per vehicle hour reduced by the CPI-X factor. The targets must be expressed in inflation-adjusted 1999 dollars.

(3) The operating cost per vehicle hour target for each transit operator will continue to decline by the CPI-X factor determined in this section until the initial 2020 cost per vehicle hour target established in section 19(1) of this act is met. Thereafter the cost per vehicle hour target equals the initial 2020 cost per vehicle hour target.

(4) The auditor shall assess these targets and provide a report to the legislature not later than December 1, 2006.

NEW SECTION. Sec. 29. COMPLIANCE. (1) In any year, an operator is in compliance if its bus operating cost per vehicle hour is equal to or less than its operating cost per vehicle hour target and its unlinked passenger trips are equal to or greater than its basic resource unlinked passenger trips target.

(2) Each transit operator in compliance is not subject to the reductions in motor vehicle excise tax provided for in section 32 of this act.

NEW SECTION. Sec. 30. REVISION OF A TRANSIT OPERATOR'S CPI-X FACTOR. (1) If an operator is in compliance with both its operating cost per vehicle hour target and its unlinked passenger trips target, the state auditor shall reduce the operator's CPI-X standard for future years by ten percent of the operator's initial CPI-X factor.

(2) The auditor may not reduce an operator's CPI-X regulation factor by more than fifty percent from the operator's initial CPI-X factor.

(3) If an operator is not in compliance with both its operating cost per vehicle hour target and its unlinked passenger trips target, the auditor shall increase the operator's CPI-X factor for future years by ten percent of the operator's initial CPI-X factor, not to exceed the initial CPI-X factor.

(4) The auditor shall credit toward reducing the operating cost per vehicle hour, the amount of fares received for any commuter service that receives in fares, at least forty percent of the costs of operating that service.

(5) The auditor shall recalculate future operating cost per vehicle hour targets based upon any revision in an operator's CPI-X factor following the approach of section 28(2) of this act.

NEW SECTION. Sec. 31. No arbitrator, administrative law judge, or any other officer or authority may impose a labor contract award that causes a transit operator to be out of compliance with its operating cost per vehicle hour target at any point during the period of the award. An operator aggrieved by an arbitration decision in violation of this section may appeal the decision to a court of competent jurisdiction.

NEW SECTION. Sec. 32. With respect to a year in which a transit operator fails to achieve its operating cost per vehicle hour target:

(1) The state auditor shall reduce the operator's maximum level of motor vehicle excise tax to be distributed to that municipality by the product of the total vehicle hours operated in the subject year multiplied by the extent to which the operating cost per vehicle hour target is missed. This reduction takes effect in the first full fiscal year after the due date of the transit operator's annual report applying to the year in which the target is missed. The state auditor shall annually determine the compliance or noncompliance of each transit operator with unit cost regulation within ninety days of the due date of the transit operator annual reports.

(2) Upon order of the auditor, the state treasurer shall hold in escrow the amount by which the transit operator's excise tax eligibility is reduced.

(3) If the transit operator achieves its operating cost per vehicle hour target in the next year, the auditor shall restore the operator's excise tax eligibility to the previous year's level, and shall notify the treasurer to grant to the transit operator the funding that was placed in escrow.

(4) If the transit operator fails to achieve its operating cost per vehicle hour target in the next year, the auditor shall calculate a factor by which the maximum rate of motor vehicle excise tax that the municipality may impose under RCW 35.58.273 will be permanently reduced, which must reflect the amount in escrow. In each year, the auditor shall deposit this amount in the Puget Sound transit expansion account created in section 34 of this act.

(5) Failure to achieve the operating cost per vehicle hour target will disqualify the transit agency from receiving funds from the central Puget Sound public transportation account.

NEW SECTION. Sec. 33. (1) The regional transit authority may not award service contracts to a designated transit operator not in compliance with its most recent annual unit cost target, as determined by the state auditor, at the time of contract award.

(2) A regional transit authority may award service contracts to a transit operator or company whose unit costs are equal to or less than unit costs established for designated Puget Sound transit operators during the term of the contract.

(3) Bus services directly operated at any time by the regional transit authority are subject to the initial 2020 cost per vehicle hour standard established in section 19(1) of this act.

NEW SECTION. Sec. 34. A new section is added to chapter 47.26 RCW to read as follows:

PUGET SOUND TRANSIT EXPANSION ACCOUNT. (1) The Puget Sound transit expansion account is created in the custody of the state treasurer. All receipts from section 32(4) of this act must be deposited into the account. Expenditures from the account may be used only for transit projects selected under this section.

(2) The transportation improvement board shall administer a competitive grant program to provide funds for eligible agencies within the Puget Sound region to expand transit services using the Puget Sound transit expansion account.

(3) The criteria for projects to be funded from this account include, but are not limited to:

(a) The projects must be within the Puget Sound region;

(b) Eligible projects are limited to general purpose transit service and improvements to the high-occupancy vehicle lane system;

(d) To the extent feasible, and consistent with other criteria, allocations should reflect the general distribution of state funding reduction by county jurisdiction.

(4) Eligible agencies include:

(a) Municipalities operating public transit services that are in compliance with their operating cost per vehicle hour targets;

(b) Any other unit of government in the region, including state agencies, counties, municipalities, school districts, special districts, or a combination of them.

NEW SECTION. Sec. 35. TRUTH IN PLANNING REQUIREMENT. The state auditor shall produce a "truth in planning" report to the governor and the legislature by November 30th of each even-numbered year. The report must provide the following information through the most recent fiscal year for which data is available:

(1) Required findings. The findings in this subsection are based upon the metropolitan transportation plan as in effect on January 1, 1996, for both the financially constrained and preferred strategies, the basic resource and expanded resource targets. Separate findings need to be made under each strategy for the Puget Sound region in total and for each of the transit operators:

(a) Percentage variance of total unlinked passenger trips relative to the forecast;

(b) Percentage variance of change in unlinked passenger trips from the base year compared to the forecast;

(d) Percentage variance of total bus vehicle hours relative to the forecast;

(e) Percentage variance of the change in bus vehicle hours from the base year compared to the forecast;

(f) Percentage variance of the change in bus vehicle hours during the latest biennium compared to the forecast;

(2) Summary tables for the Puget Sound region and each operator, showing the following information under the metropolitan transportation plan "financially constrained" and "preferred" strategies:

(a) Total forecast unlinked passenger trips, actual unlinked passenger trips, the difference between forecast and actual, and the percentage of variance;

(b) Total forecast change in unlinked passenger trips since the base year, the actual change, the difference between forecast and actual, and the percentage of variance;

(c) Total forecast change in unlinked passenger trips during the last biennium, the actual change, the difference between forecast and actual, and the percentage of variance;

(d) Total forecast bus vehicle hours, actual bus vehicle hours, the difference between forecast and actual, and the percentage of variance;

(e) Total forecast change in bus vehicle hours since the base year, the actual change, the difference between forecast and actual, and the percentage of variance;

(f) Total forecast change in bus vehicle hours during the last biennium, the actual change, the difference between forecast and actual, and the percentage of variance;

(3) Detailed versions of all tables required as summary tables under subsection (2) of this section for each year from 1997 to 2020, to the extent available, for the Puget Sound region and each transit operator;

(4) Charts with graphics that clearly and effectively depict short-term (base year to present) and long-term trends (base year to 2020) in unlinked passenger trips and bus vehicle hours for the Puget Sound region and each transit operator.

By June 1st of each year, all designated Puget Sound transit operators shall submit to the department of transportation an estimate of the number and percentage of discretionary passengers who rode their systems during the previous year and an estimate of the percentage of all vehicular trips made on transit within their service territories during the previous year. The department shall publish this data in its annual public transportation report as provided in RCW 35.58.2796. A discretionary passenger is a person with access to a single occupant vehicle who has chosen to ride transit instead of driving alone in an automobile.

NEW SECTION. Sec. 36. A new section is added to chapter 47.80 RCW to read as follows:

A regional transportation planning organization for a county with a population of at least one million persons has the following duties:

(1) Prepare and periodically update a transportation strategy for the region. The strategy must address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy serves as a guide in preparation of the regional transportation plan.

At minimum, the regional strategy must address, at least every two years, a regional public transportation strategy addressing short-range (six-year) transportation system needs and deficiencies, as further described in this section, must be prepared, approved, and submitted to the department by December 15, 1997. The strategy must contain at least the following components: (a) Documentation of biennial progress implementing regionally significant public transportation system service, facility, and program improvements addressing regional public transportation system needs and deficiencies identified in the previous regional transportation strategy report; (b) documentation and evaluation, using the most recently available data, of the current performance of the regional public transportation system, summarized for the overall regional transportation system and also reported by mode for people movement; and (c) a component identifying priority regional public transportation corridor and subarea transportation system needs and deficiencies that should be addressed by public transportation providers in their subsequent six-year transportation improvement programs. The performance component of the regional strategy report must further specifically describe, at least for the public transportation element, how the most recent monitoring data available for actual transportation system performance compares with intended transportation system performance objectives developed for the regional transportation system consistent with strategies and policies adopted in the regional transportation plan.

(2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with county-wide planning policies if those policies have been adopted under chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans. The plan must also be developed and updated to consider public transportation mobility needs for people in the regional transportation plans prepared by regional transportation planning organizations whose designated planning areas abut that area.

(3) Certify by December 31, 1998, that the six-year transit development plans prepared under RCW 35.58.2795 by municipalities defined in RCW 35.58.272 are consistent with the adopted regional transportation plan. Every two years thereafter, the certification must be reviewed for currency and consistency with subsequent updates of six-year transit development plans for such municipalities, and the executive board of the regional transportation planning organization shall either recertify or decertify each municipality based upon a determination of consistency between updated six-year transit development plans and the adopted regional transportation plan and the regional transportation system needs identified in regional transportation strategy reports. After December 31, 1998, certification or recertification of six-year transit development plans is a minimum requirement for municipalities defined in RCW 35.58.272 to be eligible to apply for discretionary fund account programs managed by the transportation improvement board.

(4) Where appropriate, certify that county-wide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.

(5) Develop, in cooperation with the department, operators of public transportation services, and local governments within the region, a six-year regional transportation improvement program that proposes regionally significant projects and programs and transportation demand management measures. The regional transportation improvement program must be based on the programs, projects, and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties under RCW 35.58.2795, 35.77.010, and 36.81.121, respectively, and that address and support the priority regional transportation system needs and deficiencies identified in regional transportation strategy reports prepared under RCW 47.80.023(1). The program must include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. The program must be updated at least every two years for the ensuing six-year period.

(6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate department district office.

Sec. 37. RCW 47.80.023 and 1994 c 158 s 2 are each amended to read as follows:

Each regional transportation planning organization ((shall have)) that does not contain a county with a population of more than one million persons has the following duties:

(1) Prepare and periodically update a transportation strategy for the region. The strategy shall address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.

(2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with county-wide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.

(3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.

(4) Where appropriate, certify that county-wide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.

(5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program shall be based on the programs, projects, and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively. The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. The program shall be updated at least every two years for the ensuing six-year period.

NEW SECTION. Sec. 38. Sections 16 through 33 and 35 of this act constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 39. Sections 16 through 33 and 35 of this act take effect January 1, 1999.

NEW SECTION. Sec. 40. Section captions used in this act are not part of the law."

Renumber the sections following consecutively, and correct internal references and the title accordingly.

On page 7, line 23, after "percent" insert ", as adjusted under section 32 of this act,"

On page 6, line 7, after "RCW 35.58.273" strike everything through "persons" on line 11

On page 6, line 28, after "audit." insert "The auditor shall undertake in the first year of the audits, those audits of municipalities located in a county with a population of at least one million persons, and those municipalities located in a county of at least four hundred thousand persons and bordering a county with a population of at least one million persons. Audits must include, where warranted, an emphasis on the operating costs per vehicle hour for those agencies and those costs in relation to other systems of comparable size."

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

Representative Fisher spoke against the adoption of the amendment.

Division was demanded. The Speaker divided the House. The results of the division was 55-YEAS; 43-NAYS. 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 and Mitchell spoke in favor of passage of the bill.

Representatives Fisher, Cooper, Odgen, Conway, Gardner and Murray spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1872.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1872 and the bill passed the House by the following vote: Yeas - 55, Nays - 43, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 55.

Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sheldon, Sommers, H., Sterk, Sullivan, Tokuda, Veloria, Wolfe and Wood - 43.

Engrossed Substitute House Bill No. 1872, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1866, by Representatives Chandler, Linville, Lisk, Delvin and Schoesler

Allowing for the creation of environmental excellence program agreements.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1866 was substituted for House Bill No. 1866 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 1866 was read the second time.

Representative Chandler moved the adoption of the following amendment by Representative Chandler: (355)

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The purpose of this act is to create a voluntary program authorizing environmental excellence program agreements with persons regulated under the environmental laws of the state of Washington, and directing agencies of the state of Washington to solicit and support the development of agreements that use innovative environmental measures or strategies to achieve environmental results more effectively or efficiently.

Agencies shall encourage environmental excellence program agreements that favor or promote pollution prevention, source reduction, or improvements in practices that are transferable to other interested entities or that can achieve better overall environmental results than required by otherwise applicable rules and requirements.

In enacting this chapter it is not the intent of the legislature that agencies apply state environmental standards inconsistently in conducting remedial actions for hazardous waste under state law, such that these state standards could be waived under section 121 of the federal comprehensive environmental response, compensation and liability act (42 U.S.C. Sec. 9261).

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Agency of the state of Washington" or "state, regional, or local agency" means an agency, board, department, authority, or commission that administers environmental laws.

(2) "Coordinating agency" means the state, regional, or local agency with the primary regulatory responsibility for the proposed environmental excellence program agreement. If multiple agencies have jurisdiction to administer state environmental laws affected by an environmental excellence agreement, the department of ecology shall designate or act as the coordinating agency.

(3) "Director" means the individual or body of individuals in whom the ultimate legal authority of an agency is vested by any provision of law. If the agency head is a body of individuals, a majority of those individuals constitutes the director.

(4) "Environmental laws" means chapters 43.21A, 70.94, 70.95, 70.95B, 70.105, 70.119A, 75.20, 90.48, 90.52, 90.58, 90.64, and 90.71 RCW, and RCW 90.54.020 and rules adopted under those chapters and section. The term environmental laws as used in this chapter does not include any provision of the Revised Code of Washington, or of any municipal ordinance or enactment, that regulates the selection of a location for a new facility.

(5) "Facility" means a site or activity that is regulated under any of the provisions of the environmental laws.

(6) "Legal requirement" includes any statute, rule, order, or environmental permit.

(7) "Sponsor" means the owner or operator of a facility, including a municipal corporation, subject to regulation under the environmental laws of the state of Washington, or an authorized representative of the owner or operator, that submits a proposal for an environmental excellence program agreement.

(8) "Stakeholder" means a person who has a direct interest in the proposed environmental excellence program agreement or who represents a public interest in the proposed environmental excellence program agreement. Stakeholders may include communities near the project, local or state governments, permittees, businesses, environmental and other public interest groups, or similar entities.

NEW SECTION. Sec. 3. An environmental excellence program agreement entered into under this chapter must achieve more effective or efficient environmental results. More effective environmental results are results that are better overall than those that would be achieved when compared to the legal requirements superseded or replaced by the agreement. More efficient environmental results are results that are achieved at reduced cost but do not decrease the overall environmental results achieved by the participating facility. The basis for comparison shall be a reasonable estimate of the overall impact of the facility on the environment prior to an environmental excellence program agreement. With a reasonable allowance for an increase in production or for facility expansion or modification, an environmental excellence agreement may not authorize a decrease in the overall environmental results achieved by the participating facility over a representative period prior to the date on which the agreement is proposed by the sponsor.

NEW SECTION. Sec. 4. (1) The director of a state, regional, or local agency may enter into an environmental excellence program agreement with any sponsor, even if one or more of the terms of the environmental excellence program agreement would be inconsistent with an otherwise applicable legal requirement. An environmental excellence program agreement must meet the requirements of section 3 of this act. Otherwise applicable legal requirements inconsistent with the terms of an environmental excellence program agreement shall be superseded and replaced in accordance with section 9 of this act.

(2) The director of a state, regional, or local agency may enter into an environmental excellence program agreement only to the extent the state, regional, or local agency has jurisdiction to administer state environmental laws either directly or indirectly through the adoption of rules.

(3) Where a sponsor proposes an environmental excellence program agreement that would affect environmental requirements applicable to the covered facility that are administered by more than one state, regional, or local agency, the coordinating agency shall take the lead in developing the environmental excellence program agreement with the sponsor and other agencies administering legal requirements applicable to the covered facility and affected by the agreement. To be effective, the environmental excellence program agreement must be signed by the director of each agency administering legal requirements affected by the agreement and applicable to the covered facility.

(4) No director may enter into an environmental excellence program agreement applicable to a remedial action conducted under the Washington model toxics control act, chapter 70.105D RCW, or the federal comprehensive environmental response, compensation and liability act (42 U.S.C. Sec. 9601 et seq). No action taken under this chapter shall be deemed a waiver of any applicable, relevant, or appropriate requirements for any remedial action conducted under the Washington model toxics control act or the federal comprehensive environmental response, compensation and liability act.

(5) The directors of state, regional, or local agencies shall not enter into an environmental excellence program agreement or a modification of an environmental excellence program agreement containing terms affecting legal requirements adopted to comply with provisions of a federal regulatory program and to which the responsible federal agency objects after notice under the terms of section 8(4) of this act.

NEW SECTION. Sec. 5. (1) A sponsor may propose an environmental excellence program agreement. A trade association or other authorized representative of a sponsor or sponsors may propose a programmatic environmental excellence program agreement for multiple facilities.

(2) A sponsor must submit, at a minimum, the following information and other information that may be requested by the director or directors required to sign the agreement:

(a) A statement that describes how the proposal is consistent with the purpose of this chapter and the project approval criteria in section 3 of this act;

(b)(i) For a site-specific proposal, a comprehensive description of the proposed environmental excellence project that includes the nature of the facility and the operations that will be affected, how the facility or operations will achieve results more effectively or efficiently, and the nature of the results anticipated; or

(ii) For a programmatic proposal, a comprehensive description of the proposed environmental excellence project that identifies the facilities and the operations that are expected to participate, how participating facilities or operations will achieve environmental results more effectively or efficiently, the nature of the results anticipated, and the method to identify and document the commitments made by individual participants;

(c) An environmental checklist, containing sufficient information to reasonably inform the public of the nature of the proposed environmental excellence program agreement and describing probable significant adverse environmental impacts and environmental benefits expected from implementation of the proposal;

(d) A draft environmental excellence program agreement;

(e) A description of the stakeholder process as provided in section 6 of this act;

(f) A preliminary identification of the permit amendments or modifications that may be necessary to implement the proposed environmental excellence program agreement.

NEW SECTION. Sec. 6. (1) Stakeholder participation in and support for an environmental excellence program agreement is vital to the integrity of the environmental excellence program agreement and helps to inform the decision whether an environmental excellence program agreement can be approved.

(2) A proposal for an environmental excellence program agreement shall include the sponsor's plan to identify and contact stakeholders, to advise stakeholders of the facts and nature of the project, and to request stakeholder participation and review. Stakeholder participation and review shall occur during the development, consideration, and implementation stages of the proposed environmental excellence program agreement. The plan shall include notice to the employees of the facility to be covered by the proposed environmental excellence program agreement and public notice in the area of the covered facility.

(3) The coordinating agency will identify any additional provisions for the stakeholder process that the director of the coordinating agency, in the director's sole discretion, considers appropriate to the success of the stakeholder process, and provide for notice to the United States environmental protection agency or other responsible federal agency of each proposed environmental excellence program agreement that may affect legal requirements of any program administered by that agency.

NEW SECTION. Sec. 7. An environmental excellence program agreement must contain the following terms and conditions:

(1) An identification of all legal requirements that are superseded or replaced by the environmental excellence program agreement;

(2) A description of all legal requirements that are enforceable as provided in section 13(2) of this act that are different from those legal requirements applicable in the absence of the environmental excellence program agreement;

(3) A description of the voluntary goals that are or will be pursued by the sponsor;

(4) A statement describing how the environmental excellence program agreement will achieve the purposes of this chapter;

(5) A statement describing how the environmental excellence program agreement will be implemented, including a list of steps and an implementation schedule;

(6) A statement that the proposed environmental excellence program agreement will not increase overall worker safety risks or cause an unjust or disproportionate and inequitable distribution of environmental risks among diverse economic and cultural communities;

(7) A summary of the stakeholder process that was followed in the development of the environmental excellence program agreement;

(8) A statement describing how any participating facility shall measure and demonstrate its compliance with the environmental excellence program agreement including, without limitation, a description of the methods to be used to monitor performance, criteria that represent acceptable performance, and the method of reporting performance to the public and local communities;

(9) A description of and plan for public participation in the implementation of the environmental excellence program agreement and for public access to information needed to assess the benefits of the environmental excellence program agreement and the sponsor's compliance with the environmental excellence program agreement;

(10) A schedule of periodic performance review of the environmental excellence program agreement by the directors that signed the agreement;

(11) Provisions for voluntary and involuntary termination of the agreement;

(12) The duration of the environmental excellence program agreement and provisions for renewal;

(13) Statements approving the environmental excellence program agreement made by the sponsor and by or on behalf of directors of each state, regional, or local agency administering legal requirements that are affected by the agreement and are applicable to the covered facility;

(14) Additional terms as requested by the directors signing the environmental excellence program agreement and consistent with this chapter;

(15) Draft permits or permit modifications as needed to implement the environmental excellence program agreement;

(16) With respect to a programmatic environmental excellence program agreement, state the method with which to identify and document the specific commitments to be made by individual participants.

NEW SECTION. Sec. 8. (1) The coordinating agency shall provide at least thirty days after notice has been published in a newspaper under subsection (2) of this section for public comment on a proposal to enter into or modify an environmental excellence program agreement. The coordinating agency may provide for an additional period of public comment if required by the complexity of the proposed environmental excellence program agreement and the degree of public interest. Before the start of the comment period, the coordinating agency shall prepare a proposed agreement, a public notice and a fact sheet. The fact sheet shall: (a) Briefly describe the principal facts and the significant factual, legal, methodological and policy questions considered by the directors signing the agreement, and the directors' proposed decisions; and (b) briefly describe how the proposed action meets the requirements of section 3 of this act.

(2) The coordinating agency shall publish notice of the proposed agreement in the Washington State Register and in a newspaper of general circulation in the vicinity of the facility or facilities covered by the proposed environmental excellence program agreement. The notice shall generally describe the agreement or modification; the facilities to be covered; summarize the changes in legal requirements that will result from the agreement; summarize the reasons for approving the agreement or modifications; identify an agency person to contact for additional information; state that the proposed agreement or modification and fact sheet are available on request; and state that comments may be submitted to the agency during the comment period. The coordinating agency may order a public informational meeting or a public hearing to receive oral comments if the written comments during the comment period demonstrate considerable public interest in the proposed agreement.

(3) The coordinating agency shall prepare and make available a responsiveness summary indicating the agencies' actions taken in response to comments and the reasons for those actions.

(4) With respect to an environmental excellence program agreement that affects legal requirements adopted to comply with provisions of a federal regulatory program, the coordinating agency shall provide a copy of the environmental excellence program agreement, and a copy of the notice required by subsection (1) of this section, to the federal agency that is responsible for administering that program at least thirty days before entering into or modifying the environmental excellence program agreement, and shall afford the federal agency the opportunity to object to those terms of the environmental excellence program agreement or modification of an environmental excellence program agreement affecting the legal requirements.

NEW SECTION. Sec. 9. (1) Notwithstanding any other provision of law, any legal requirement identified under section 6(1) of this act shall be superseded in accordance with the terms of the environmental excellence program agreement. Legal requirements contained in a permit that are affected by an environmental excellence program agreement will continue to be enforceable until such time as the permit is revised in accordance with subsection (2) of this section. With respect to any other legal requirements, the legal requirements contained in the environmental excellence program agreement, are effective as provided by the environmental excellence program agreement, and the facility or facilities covered by an environmental excellence program agreement shall comply with the terms of the environmental excellence program agreement in lieu of the legal requirements that are superseded and replaced by the approved environmental excellence program agreement.

(2) Any permits affected by an environmental excellence program agreement shall be revised to conform to the environmental excellence program agreement by the agency with jurisdiction. The permit revisions will be completed within one hundred twenty days of the effective date of the agreement in accordance with otherwise applicable procedural requirements, including, where applicable, public notice and the opportunity for comment, and the opportunity for review and objection by federal agencies.

(3) Other than as revised, superseded, or replaced as provided in an approved environmental excellence program agreement, any existing permit requirements remain in effect and are enforceable.

(4) A programmatic environmental excellence program agreement shall become applicable to an individual facility when the director or directors entering into the programmatic agreement approve the owner or operator's commitment to comply with the agreement. A programmatic agreement may not take effect, however, until notice and an opportunity to comment for the individual facility has been provided in accordance with the requirements of section 8 (1) through (3) of this act.

NEW SECTION. Sec. 10. (1) A decision by the directors of state, regional, or local agencies to approve a proposed environmental excellence program agreement, or to terminate or modify an approved environmental excellence program agreement, is subject to judicial review in superior court. For purposes of judicial review, the court may grant relief from the decision to approve or modify an environmental excellence program agreement only if it determines that the action: (a) Violates constitutional provisions; (b) exceeds the statutory authority of the agency; (c) was arbitrary and capricious; or (d) was taken without compliance with the procedures provided by this chapter. However, the decision of the director or directors shall be accorded substantial deference by the court. A decision not to enter into or modify an environmental excellence program agreement and a decision not to accept a commitment under section 9(4) of this act to comply with the terms of a programmatic environmental excellence agreement are within the sole discretion of the directors of the state, regional, or local agencies and are not subject to review.

(2) An appeal from a decision to approve or modify a facility specific or a programmatic environmental excellence program agreement is not timely unless filed with the superior court and served on the parties to the environmental excellence program agreement within thirty days of the date on which the agreement or modification is signed by the director. For an environmental excellence program agreement or modification signed by more than one director, there is only one appeal, and the time for appeal shall run from the last date on which the agreement or modification is signed by a director.

(3) A decision to accept the commitment of a specific facility to comply with the terms of a programmatic environmental excellence program agreement, or to modify the application of an agreement to a specific facility, is subject to judicial review as described in subsection (1) of this section. An appeal is not timely unless filed with the superior court and served on the directors signing the agreement, the sponsor, and the owner or operator of the specific facility within thirty days of the date the director or directors that signed the programmatic agreement approve the owner or operator's commitment to comply with the agreement. For a programmatic environmental excellence program agreement or modification signed by more than one director, there shall be only one appeal and the time for appeal shall run from the last date on which a director approves the commitment.

(4) The issuance of permits and permit modifications is subject to review under otherwise applicable law.

(5) An appeal of a decision by a director under section 11 of this act to terminate in whole or in part a facility specific or programmatic environmental excellence program agreement is not timely unless filed with the superior court and served on the director within thirty days of the date on which notice of the termination is issued under section 11(2) of this act.

NEW SECTION. Sec. 11. (1) In addition to any termination provisions contained in an environmental excellence program agreement, a director of an agency may terminate an environmental excellence program agreement in whole or in part with respect to a legal requirement administered by that agency, if the director finds: (a) That after notice and a reasonable opportunity to cure, the covered facility is in violation of a material requirement of the agreement; (b) that the facility has repeatedly violated any requirements of the agreement; (c) that the operation of the facility under the agreement has caused an imminent and substantial endangerment to public health that cannot be remedied by modification of the agreement; or (d) the facility has failed to make substantial progress in achieving the voluntary goals identified under section 6(3) of this act, and these goals are material to the overall objectives of the agreement.

(2) A director of an agency terminating an environmental excellence program agreement in any respect shall provide each of the parties to the agreement with a written notice of that action specifying the extent to which the environmental excellence program agreement is to be terminated, the factual and legal basis for termination, and a description of the opportunity for judicial review of the decision to terminate the environmental excellence program agreement.

(3) If a director terminates less than the entire environmental excellence program agreement, the owner or operator of the covered facility may elect to terminate the entire agreement as it applies to the facility.

(4) If a director decides to terminate an environmental excellence program agreement because the facility has not been able to meet the legal requirements established under the agreement, or because operation of the facility under the agreement has caused an imminent and substantial endangerment to public health, as provided in subsection (1)(c) of this section, the director may establish in the notice of termination: (a) Practical interim requirements for the facility that are no less stringent than the legal requirements that would apply to the facility in the absence of the agreement; and (b) a practical schedule of compliance for meeting the interim requirements. The interim requirements and schedule of compliance shall be subject to judicial review under the provisions of section 10(5) of this act. The facility shall comply with the interim requirements established under this subsection after they are final and no longer subject to judicial review until applicable permits or permit modifications have been issued under section 12 of this act.

NEW SECTION. Sec. 12. After a termination under section 11 of this act is final and no longer subject to judicial review, the sponsor has sixty days in which to apply for any permit or approval affected by any terminated portion of the environmental excellence program agreement. An application filed during the sixty-day period shall be deemed a timely application for renewal of a permit under the terms of any applicable law. Except as provided in section 11(4) of this act, the terms and conditions of the environmental excellence program agreement and of permits issued will continue in effect until a final permit or approval is issued. If the sponsor fails to submit a timely or complete application, any affected permit or approval may be modified at any time that is consistent with applicable law.

NEW SECTION. Sec. 13. (1) The legal requirements contained in the environmental excellence program agreement in accordance with section 7(2) of this act are enforceable commitments of the facility covered by the agreement. Any violation of these legal requirements is subject to penalties and remedies to the same extent as the legal requirements that they superseded or replaced.

(2) The voluntary goals stated in the environmental excellence program agreement in accordance with section 7(3) of this act are voluntary commitments of the facility covered by the agreement. If the facility fails to meet these goals, it shall not be subject to any form of enforcement action, including penalties, orders, or any form of injunctive relief. The failure to make substantial progress in meeting these goals may be a basis on which to terminate the environmental excellence program agreement under section 11 of this act.

(3) Nothing in this chapter limits the authority of an agency, the attorney general, or a prosecuting attorney to initiate an enforcement action for violation of any applicable legal requirement. However, no civil, criminal, or administrative action may be brought with respect to any legal requirement that is superseded or replaced under the terms of an environmental excellence program agreement.

(4) This chapter does not create any new authority for citizen suits, and does not alter or amend other statutory provisions authorizing citizen suits.

NEW SECTION. Sec. 14. An environmental excellence program agreement may contain a reduced fee schedule with respect to a program applicable to the covered facility or facilities.

NEW SECTION. Sec. 15. A decision to approve an environmental excellence program agreement is not subject to the requirements of the state environmental policy act, chapter 43.21C RCW, including the requirement to prepare an environmental impact statement under RCW 43.21C.031. However, the consideration of a proposed environmental excellence program agreement will integrate an assessment of environmental impacts.

NEW SECTION. Sec. 16. Any state, regional, or local agency administering programs under an environmental law may adopt rules or ordinances to implement this chapter. However, it is not necessary that an agency adopt rules or ordinances in order to consider or enter into environmental excellence program agreements.

NEW SECTION. Sec. 17. The director of the department of ecology shall appoint an advisory committee to review the effectiveness of the environmental excellence program agreement program and to make a recommendation to the legislature concerning the continuation, termination, or modification of the program. The committee also may make recommendations it considers appropriate for revision of any regulatory program that is affected by an environmental excellence program agreement. The committee shall be composed of one representative each from two state agencies, two representatives of the regulated community, and two representatives of environmental organizations or other public interest groups. The committee must submit a report and its recommendation to the legislature not later than October 31, 2001. The department of ecology shall provide the advisory committee with such support as they may require.

NEW SECTION. Sec. 18. (1) Agencies authorized to enter into environmental excellence program agreements may assess and collect a fee to recover the costs of processing environmental excellence program agreement proposals. The amount of the fee may not exceed the direct and indirect costs of processing the environmental excellence program agreement proposal. Processing includes, but is not limited to: Working with the sponsor to develop the agreement, meeting with stakeholder groups, conducting public meetings and hearings, and preparing a record of the decision to enter into or modify an agreement.

(2) Agencies assessing fees may graduate the initial fees for processing an environmental excellence program agreement proposal to account for the size of the sponsor and to make the environmental excellence program agreement program more available to small businesses. An agency may exercise its discretion to waive all or any part of the fees.

(3) Sponsors may voluntarily contribute funds to the administration of an agency's environmental excellence program agreement program.

NEW SECTION. Sec. 19. The authority of a director to enter into a new environmental excellence program agreement program shall be terminated June 30, 2002. Environmental excellence program agreements entered into before June 30, 2002, shall remain in force and effect subject to the provisions of this chapter.

NEW SECTION. Sec. 20. A new section is added to chapter 43.21A RCW to read as follows:

Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).

NEW SECTION. Sec. 21. A new section is added to chapter 70.94 RCW to read as follows:

NEW SECTION. Sec. 22. A new section is added to chapter 70.95 RCW to read as follows:

NEW SECTION. Sec. 23. A new section is added to chapter 70.95B RCW to read as follows:

NEW SECTION. Sec. 24. A new section is added to chapter 70.105 RCW to read as follows:

NEW SECTION. Sec. 25. A new section is added to chapter 70.119A RCW to read as follows:

NEW SECTION. Sec. 26. A new section is added to chapter 90.48 RCW to read as follows:

NEW SECTION. Sec. 27. A new section is added to chapter 90.48 RCW to read as follows:

NEW SECTION. Sec. 28. A new section is added to chapter 90.52 RCW to read as follows:

NEW SECTION. Sec. 29. A new section is added to chapter 90.58 RCW to read as follows:

NEW SECTION. Sec. 30. A new section is added to chapter 90.64 RCW to read as follows:

NEW SECTION. Sec. 31. A new section is added to chapter 90.71 RCW to read as follows:

Sec. 32. RCW 90.54.020 and 1989 c 348 s 1 are each amended to read as follows:

Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals:

(1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, and thermal power production purposes, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state, are declared to be beneficial.

(2) Allocation of waters among potential uses and users shall be based generally on the securing of the maximum net benefits for the people of the state. Maximum net benefits shall constitute total benefits less costs including opportunities lost.

(3) The quality of the natural environment shall be protected and, where possible, enhanced as follows:

(a) Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values. Lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served.

(b) Waters of the state shall be of high quality. Regardless of the quality of the waters of the state, all wastes and other materials and substances proposed for entry into said waters shall be provided with all known, available, and reasonable methods of treatment prior to entry. Notwithstanding that standards of quality established for the waters of the state would not be violated, wastes and other materials and substances shall not be allowed to enter such waters which will reduce the existing quality thereof, except in those situations where it is clear that overriding considerations of the public interest will be served. Technology-based effluent limitations or standards for discharges for municipal water treatment plants located on the Chehalis, Columbia, Cowlitz, Lewis, or Skagit river shall be adjusted to reflect credit for substances removed from the plant intake water if:

(i) The municipality demonstrates that the intake water is drawn from the same body of water into which the discharge is made; and

(ii) The municipality demonstrates that no violation of receiving water quality standards or appreciable environmental degradation will result.

(4) Adequate and safe supplies of water shall be preserved and protected in potable condition to satisfy human domestic needs.

(5) Multiple-purpose impoundment structures are to be preferred over single-purpose structures. Due regard shall be given to means and methods for protection of fishery resources in the planning for and construction of water impoundment structures and other artificial obstructions.

(6) Federal, state, and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out practices of conservation as they relate to the use of the waters of the state. In addition to traditional development approaches, improved water use efficiency and conservation shall be emphasized in the management of the state's water resources and in some cases will be a potential new source of water with which to meet future needs throughout the state.

(7) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas within the state shall be encouraged. Development of water supply systems for multiple domestic use which will not serve the public generally shall be discouraged where water supplies are available from water systems serving the public.

(8) Full recognition shall be given in the administration of water allocation and use programs to the natural interrelationships of surface and ground waters.

(9) Expressions of the public interest will be sought at all stages of water planning and allocation discussions.

(10) Water management programs, including but not limited to, water quality, flood control, drainage, erosion control and storm runoff are deemed to be in the public interest.

(11) Notwithstanding any other provision of law, any legal requirement under this section, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).

NEW SECTION. Sec. 33. The environmental excellence account is hereby created in the state treasury. All fees and voluntary contributions collected by state agencies under section 18 of this act shall be deposited into the account. Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for purposes consistent with the environmental excellence program created under sections 2 through 19 of this act.

NEW SECTION. Sec. 34. Sections 2 through 19 of this act constitute a new chapter in Title 43 RCW."

Correct the title.

Representative Linville moved the adoption of the following amendment (355) to the amendment by Representative Chandler: (365)

On page 2, line 26, strike "or similar entities" and insert "employees or employee representatives, or other organizations"

On page 5, after line 18, insert the following:

"(3) The coordinating agency shall extend an invitation to participate in the development of the proposal to a broad and representative sector of the public likely to be affected by the environmental excellence program agreement, including representatives of local community, labor, environmental, and neighborhood advocacy groups. The coordinating agency shall select participants to be included in the stakeholder process that are representative of the diverse sectors of the public that are interested in the agreement. The stakeholder process shall include the opportunity for discussion and comment at multiple stages of the process and access to the information relied upon by the directors in approving the agreement."

Renumber the remaining subsection consecutively and correct any internal references accordingly.

Representative Linville and Chandler spoke in favor of the adoption of the amendment to the amendment. The amendment to the amendment was adopted.

Representative Linville moved the adoption of the following amendment (356) to the amendment by Representative Chandler: (365)

On page 6, line 17, after "communities" insert ". The facility’s compliance with the agreement must be independently verifiable"

Representative Linville and Chandler spoke in favor of the adoption of the amendment to the amendment. The amendment to the amendment was adopted.

Representative Linville moved the adoption of the following amendment (357) to the amendment by Representative Chandler: (365)

On page 7, line 29, strike "may" and insert "shall"

Representative Linville and Chandler spoke in favor of the adoption of the amendment. The amendment was adopted.

The question before the House was amendment 365 as amendment.

Representatives Chandler and Linville 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 Chandler, Linville and Chopp spoke in favor of passage of the bill.

Representatives Regala, Conway, Dunshee and Lantz spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1866.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1866 and the bill passed the House by the following vote: Yeas - 69, Nays - 29, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Zellinsky and Mr. Speaker - 69.

Voting nay: Representatives Appelwick, Blalock, Butler, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Fisher, Gardner, Gombosky, Keiser, Kenney, Lantz, Mason, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Sullivan, Tokuda, Veloria, Wensman, Wolfe and Wood - 29.

Engrossed Second Substitute House Bill No. 1866, having received the constitutional majority, was declared passed.

There being no objection, the House advanced to the seventh order of business.

THIRD READING

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1578.

Representative H. Sommers and Conway spoke in favor of the passage of the bill.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1578 and the bill passed the House by the following vote: Yeas - 81, Nays - 17, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Conway, Cooke, Cooper, Costa, Crouse, Delvin, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Thompson, Wensman, Wolfe, Wood and Mr. Speaker - 81.

Voting nay: Representatives Backlund, Constantine, DeBolt, Dunn, Dyer, Koster, Mason, Pennington, Robertson, Sherstad, Talcott, Thomas, B., Thomas, L., Tokuda, Van Luven, Veloria and Zellinsky - 17.

Substitute House Bill No. 1578, having received the constitutional majority, was declared passed.

There being no objection, the House reverted to the sixth order of business.

HOUSE BILL NO. 1201, by Representatives Buck, Johnson, Sheldon, Blalock, Regala, Linville, Hatfield, Kessler, Tokuda, Anderson, Morris, Zellinsky, Dunn, Conway, Doumit, Ogden, Grant, Mastin, Butler and Murray

Providing for reauthorization of assistance to areas impacted by the rural natural resources crisis.

The bill was read the second time.

Representative Huff moved the committee recommendation from the Committee on Appropriations, that the Second Substitute House Bill No. 1201 be substituted for House Bill No. 1201 and that the second substitute bill was placed on the second reading calendar.

Representative Huff spoke in favor of passage of the motion.

Representatives Kessler, Sheldon, Morris, Dunshee and Doumit spoke against passage of the motion.

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

The Speaker stated the question before the House to be the motion to adopt the Committee on Appropriations recommendation.

ROLL CALL

The Clerk called the roll on the passage of the motion to adopt the Committee on Appropriations committee recommendation and the motion was passaged by the following vote: Yeas - 51, Nays - 47, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Bush, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Koster, Lambert, Lisk, Mastin, McDonald, Mitchell, Mulliken, Murray, Parlette, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 51.

Voting nay: Representatives Anderson, Appelwick, Blalock, Buck, Butler, Cairnes, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, McMorris, Mielke, Morris, O'Brien, Ogden, Pennington, Poulsen, Quall, Regala, Romero, Scott, Sheldon, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 47.

Second Substitute House Bill No. 1201 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 Buck, Kessler, Sheldon, Hatfield, Dunshee and Doumit spoke in favor of passage of the bill.

Representatives Conway and Chopp spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1201.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1201 and the bill passed the House by the following vote: Yeas - 76, Nays - 22, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Cooper, Costa, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Gardner, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lantz, Linville, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 76.

Voting nay: Representatives Appelwick, Chopp, Cody, Cole, Constantine, Conway, Crouse, Dickerson, Fisher, Gombosky, Keiser, Kenney, Lisk, Mason, Murray, Ogden, Poulsen, Quall, Scott, Sommers, H., Tokuda and Veloria - 22.

Second Substitute House Bill No. 1201, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2244, by Representatives Reams, Mulliken, Bush and Thompson

Revising the recommendations of the land use study commission.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2244 was substituted for House Bill No. 2244 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 2244 was read the second time.

Representative Reams moved the adoption of the following amendment by Representative Reams: (393)

On page 1, line 12, after "Sec. 1." insert "A new section is added to chapter 36.70A RCW to read as follows:"

On page 2, line 13, after "life." insert "The legislature recognizes that there will be a variety of interpretations by counties of how best to implement a rural element, reflecting the diverse needs and local circumstances found across the state. RCW 36.70A.070(5) provides a framework for local elected officials to make these determinations."

On page 2, line 23, after "grant" insert "substantial"

On page 7, beginning on line 33, strike "but shall develop a written" and insert "and the boards shall give substantial deference to the"

Representatives Reams and Romero spoke in favor of the adoption of the amendment. The amendment was adopted.

Representative Mulliken moved the adoption of the following amendment by Representative Mulliken: (385)

On page 1, line 15, after "importance of" insert "both agricultural and"

On page 1, line 18, after "actions." strike "Rural" and insert "Agricultural and rural"

On page 4, line 34, after "refers to" insert "non-agricultural and non-forestry"

On page 9, line 31, after "36.70A.365" insert "and does not prohibit agricultural, forestry, or resource-based nonresidential uses"

Representative Mulliken and Romero spoke in favor of the adoption of the amendment.

Representative Gardner spoke against the adoption of the amendment.

The amendment was adopted.

Representative Reams moved the adoption of the following amendment by Representative Reams: (394)

On page 3, line 17, after "(a)" strike "Documented wetlands" and insert "Wetlands"

On page 3, line 18, after "((on))" strike "that is necessary for the health of" and insert "on"

Representative Reams and Romero spoke in favor of the adoption of the amendment. The amendment was adopted.

Representative Mastin moved the adoption of the following amendment by Representative Mastin: (383)

On page 8, beginning on line 4, after "services" strike all material through "uses" on line 6

On page 9, beginning on line 4, after "uses" strike all material through "sprawl" on line 10

On page 9, line 16, after "that" strike ", as of July 1, 1990,"

Representative Mastin and Reams spoke in favor of the adoption of the amendment.

Representatives Romero, Garnder and Lantz spoke against adoption of the amendment.

The amendment was adopted.

Representative Reams moved the adoption of the following amendment by Representative Reams: (391)

On page 18, line 1, after "provided in" strike "(b) and (c) of this subsection" and insert "subsections(3)(a) and (b) of this section"

Representative Reams spoke in favor of the adoption of the amendment. The amendment was adopted.

Representative Reams moved the adoption of the following amendment by Representative Reams: (390)

On page 20, after line 14, strike section 12 and insert the following:

"Sec. 12. RCW 36.70A.305 and 1996 c 325 s 4 are each amended to read as follows:

(1) The court shall provide expedited review of ((a determination of invalidity or)) an order ((effectuating)) that includes a determination of invalidity made or issued under RCW 36.70A.300((. The matter must be set for hearing within sixty days of the date set for submitting the board's record, absent a showing of good cause for a different date or a stipulation of the parties)) and section 15 of this act.

(2) If the court finds that the board properly determined that a county, city, or agency action substantially interferes with the fulfillment of the goals of the growth management act, it shall issue a final order affirming the decision of the board.

(3) If the court finds that the board properly determined that a county, city, or agency's comprehensive plans, development regulations, or amendments thereto merited a determination of invalidity, the court shall remand the matter for the board's continuing jurisdiction under section 15 of this act."

On page 21, after line 6, strike section 14 and insert the following:

"Sec. 14. RCW 36.70A.330 and 1995 c 347 s 112 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))) 36.70A.300(3)(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 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, or city. 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. The board shall issue any order necessary to make adjustments to the compliance schedule and set additional hearings as provided in subsection (4) of this section.

(3) If the board after a compliance hearing 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 take into consideration the county's or city's efforts to meet its compliance schedule in making the decision to recommend sanctions to the governor.

(4) In a compliance hearing upon petition of a party , 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) I)), if no determination of invalidity has been made, whether one now should be made((under the standards in RCW 36.70A.300(2).)) under section 15 of this act. The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.

NEW SECTION. Sec. 15. A new section is added to chapter 36.70A RCW to read as follows:

A county or city subject to an order of invalidity issued before the effective date of section 11 of this act, by motion may request the board to review the order of invalidity in light of the section 11, chapter . . . , Laws of 1997 (section 11 of this act) amendments to RCW 36.70A.300, the section 14, chapter . . . , Laws of 1997 (section 14 of this act) amendments to RCW 36.70A.330, and section 16 of this act. If a request is made, the board shall rescind of modify the order of invalidity as necessary to make it consistent with the section 11, chapter . . . , Laws of 1997 (section 11 of this act) amendments to RCW 36.70A.300, the section 14, chapter . . . , Laws of 1997 (section 14 of this act) amendments to RCW 36.70A.330, and section 16 of this act.

NEW SECTION. Sec. 16. A new section is added to chapter 36.70A RCW to read as follows:

(1) A board may determine that part or all of a comprehensive plan or development regulations are invalid if the board:

(a) Makes a finding of noncompliance and issues an order of remand under RCW 36.70A.300;

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

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

(d) A determination of invalidity shall take effect immediately and shall remain in effect for no longer than thirty days unless otherwise ordered by a reviewing court as provided in RCW 36.70A.305.

(2) A determination of invalidity is prospective in effect and does not extinguish rights that vested under state or local law before receipt by the city or county. The determination of invalidity does not apply to a completed development permit application and related construction permits for a project that vested under state or local law on or before the date of the board's order.

(3)(a) Except as otherwise provided in (b) of this subsection, a completed development permit application not vested under state or local law on or before the date of the board's determination of invalidity vests to the local ordinance or resolution that is determined by the board not to substantially interfere with the fulfillment of the goals of this chapter.

(b) Even though it is not vested under state or local law before receipt by the county or city of the board's order, a determination of invalidity does not apply to a completed development permit application for:

(i) A permit for construction by any owner, lessee, or contract purchaser of a single-family residence for his or her own use or for the use of his or her family on a lot existing before receipt by the county or city of the board's order, except as otherwise specifically provided in the board's order to protect the public health and safety;

(ii) A building permit and related construction permits for remodeling or expansion of an existing structure on a lot existing before receipt by the county or city; and

(iii) A boundary line adjustment or a division of land that does not increase the number of buildable lots existing before receipt by the county or city.

(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 (1) of this section whether the prior policies or regulations are valid during the period of remand.

(5) A county or city subject to a determination of invalidity may adopt interim controls and other measures to be in effect until it adopts a comprehensive plan and development regulations that comply with the requirements of this chapter. A development permit application may vest under an interim control or measure upon determination by the board that the interim controls and other measures do not substantially interfere with the fulfillment of the goals of this chapter.

(6) A county or city subject to a determination of invalidity may file a motion requesting that the board clarify, modify, or rescind the order. The board shall expeditiously schedule a hearing on the motion. At the hearing on the motion, the parties may present information to the board to clarify the part or parts of the comprehensive plan or development regulations to which the final order applies. The board shall issue any supplemental order based on the information provided at the hearing not later than thirty days after the date of the hearing.

(7)(a) If a determination of invalidity has been made and the county or city has enacted an ordinance or resolution amending the invalidated part or parts of the plan or regulation or establishing interim controls on development affected by the order of invalidity, after a compliance hearing, the board shall modify or rescind the determination of invalidity if it determines under the standard in subsection (1) of this section that the plan or regulation, as amended or made subject to such interim controls, will no longer substantially interfere with the fulfillment of the goals of this chapter.

(b) If the board determines that part or parts of the plan or regulation are no longer invalid as provided in this subsection, but does not find that the plan or regulation is in compliance with all of the requirements of this chapter, the board, in its order, may require periodic reports to the board on the progress the jurisdiction is making towards compliance."

Renumber the remaining sections consecutively and correct internal references accordingly. Correct the title.

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

Representatives Romero and Gardner spoke against the adoption of the amendment.

The amendment was adopted.

Representative Reams moved the adoption of the following amendment by Representative Reams: (392)

On page 41, after line 23, insert the following:

"NEW SECTION. Sec. 34. Section 33 of this act shall take effect if, by July 1, 1998, the legislature finds, after considering the recommendations of the land use study commission, that there is no continuing need for the growth management hearings boards."

Renumber the remaining sections.

Representatives Reams and Anderson spoke in favor of the adoption of the amendment.

Representatives Romero and Lantz spoke against adoption of the amendment.

The amendment was adopted.

Representative Reams moved the adoption of the following amendment by Representative Reams: (389)

On page 42, line 21, strike all of section 36.

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

Representative H. Sommers spoke against the adoption of the amendment.

The amendment was adopted.

Representative Sherstad moved the adoption of the following amendment by Representative Sherstad: (386)

On page 23, beginning on line 9, strike all of sections 17 and 18 and insert the following:

"Sec. 17. RCW 36.70A.110 and 1995 c 400 s 2 are each amended to read as follows:

(1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.

(2) Based upon the growth management population projection made for the county by the office of financial management, ((the urban growth areas in)) the county and each city within the county shall include areas and densities within urban growth areas sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.

Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.

(3) Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW 36.70A.350.

(4) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development.

(5) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.

(6) Each county shall include designations of urban growth areas in its comprehensive plan.

Sec. 18. RCW 36.70A.130 and 1995 c 347 s 106 are each amended to read as follows:

(1) Each comprehensive land use plan and development regulations shall be subject to continuing ((evaluation and)) review and evaluation by the county or city that adopted them. Not later than September 1, 2002, and at least every five years thereafter, a county or city shall take action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure that the plan and regulations are complying with the requirements of this chapter. The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section.

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 that amendments may be considered more frequently 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 a 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. The review required in this subsection may be combined with the review and evaluation required in section 19 of this act.

NEW SECTION. Sec. 19. A new section is added to chapter 36.70A RCW to read as follows:

(1) Subject to the limitations in subsection (7) of this section, a county shall adopt, in consultation with its cities, county-wide planning policies to establish a review and evaluation program. This program shall be in addition to the requirements of RCW 36.70A.110, 36.70A.130, and 36.70A.210. In developing and implementing the review and evaluation program required by this section, the county and its cities shall consider information from other appropriate jurisdictions and sources. The purpose of the review and evaluation program shall be to:

(a) Determine whether a county and its cities are achieving urban densities within urban growth areas by comparing growth and development assumptions, targets and objectives contained in the county-wide planning policies and the county and city comprehensive plans with actual growth and development that has occurred in the county and its cities; and

(b) Identify reasonable measures, other than adjusting urban growth areas, that will be taken to comply with this chapter.

(2) The review and evaluation program shall:

(a) Encompass land uses and activities both within and outside of urban growth areas and provide for annual collection of data on urban and rural land uses, development, critical areas, and capital facilities to the extent necessary to determine the quantity and type of land suitable for development, both for residential and employment-based activities;

(b) Provide for evaluation of the data collected under (a) of this subsection every five years as provided in subsection (3) of this section. The first evaluation shall be completed not later than September 1, 2002. The county and its cities may establish in the county-wide planning policies indicators, benchmarks, and other similar criteria to use in conducting the evaluation;

(c) Provide for methods to resolve disputes among jurisdictions relating to the county-wide planning policies required by this section and procedures to resolve inconsistencies in collection and analysis of data; and

(d) Provide for the amendment of the county-wide policies and county and city comprehensive plans as needed to remedy inconsistencies identified through the evaluation required by this section, or to bring these policies into compliance with this chapter.

(3) At a minimum, the evaluation component of the program required in subsection (1) of this section shall:

(a) Determine whether there is sufficient suitable land to accommodate the county-wide population projection established for the county pursuant to RCW 43.62.035 and the subsequent population allocations within the county and between the county and its cities and the requirements of RCW 36.70A.110;

(b) Determine the actual density of housing that has been constructed and the actual amount of land developed for commercial and industrial uses within the urban growth area since the adoption of a comprehensive plan under this chapter or since the last periodic evaluation as required by subsection (1) of this section; and

(c) Based on the actual density of development as determined under (b) of this subsection, review commercial, industrial, and housing needs by type and density range to determine the amount of land needed for commercial, industrial, and housing for the remaining portion of the twenty-year planning period used in the most recently adopted comprehensive plan.

(4) If the evaluation required in subsection (3) of this section demonstrates an inconsistency between what has occurred since the adoption of the county-wide planning policies and the county and city comprehensive plans and development regulations and what was envisioned in those policies and plans and the planning goals and the requirements of this chapter, as the inconsistency relates to the evaluation factors specified in subsection (3) of this section, the county and its cities shall adopt and implement measures that are reasonably likely to increase consistency during the subsequent five-year period. If necessary, a county, in consultation with its cities as required by RCW 36.70A.210, shall adopt amendments to county-wide planning policies to increase consistency. The county and its cities shall annually monitor the measures adopted under this subsection to determine their effect and may revise or rescind them as appropriate.

(5)(a) Not later than July 1, 1998, the department shall prepare a list of methods used by counties and cities in carrying out the types of activities required by this section. The department shall provide this information and appropriate technical assistance to counties and cities required to or choosing to comply with the provisions of this section.

(b) By December 31, 2007, the department shall submit to the appropriate committees of the legislature a report analyzing the effectiveness of the activities described in this section in achieving the goals envisioned by the county-wide planning policies and the comprehensive plans and development regulations of the counties and cities.

(6) From funds appropriated by the legislature for this purpose, the department shall provide grants to counties, cities, and regional planning organizations required under subsection (7) of this section to conduct the review and perform the evaluation required by this section.

(7) This section applies to counties, and the cities within those counties, that were greater than one hundred fifty thousand in population in 1995 as determined by office of financial management population estimates and that are located west of the crest of the Cascade mountain range. Any other county planning under RCW 36.70A.040 may carry out the review, evaluation, and amendment programs and procedures as provided in this section.

Sec. 20. RCW 43.62.035 and 1995 c 162 s 1 are each amended to read as follows:

The office of financial management shall determine the population of each county of the state annually as of April 1st of each year and on or before July 1st of each year shall file a certificate with the secretary of state showing its determination of the population for each county. The office of financial management also shall determine the percentage increase in population for each county over the preceding ten-year period, as of April 1st, and shall file a certificate with the secretary of state by July 1st showing its determination. At least once every ((ten)) five years or upon the availability of decennial census data, whichever is later, the office of financial management shall prepare twenty-year growth management planning population projections required by RCW 36.70A.110 for each county that adopts a comprehensive plan under RCW 36.70A.040 and shall review these projections with such counties and the cities in those counties before final adoption. The county and its cities may provide to the office such information as they deem relevant to the office's projection, and the office shall consider and comment on such information before adoption. Each projection shall be expressed as a reasonable range developed within the standard state high and low projection. The middle range shall represent the office's estimate of the most likely population projection for the county. If any city or county believes that a projection will not accurately reflect actual population growth in a county, it may petition the office to revise the projection accordingly. The office shall complete the first set of ranges for every county by December 31, 1995.

A comprehensive plan adopted or amended before December 31, 1995, shall not be considered to be in noncompliance with the twenty-year growth management planning population projection if the projection used in the comprehensive plan is in compliance with the range later adopted under this section.

NEW SECTION. Sec. 21. A new section is added to chapter 42.17 RCW to read as follows:

(1) Notwithstanding other provisions of this chapter, a county or city that provides maps or other standard or customized products from an electronic geographic information system may establish fees by ordinance or resolution for providing the services and products to persons who request them. The county or city shall base the fees on the recovery of the actual cost of providing the electronic services and products and a reasonable portion of the cost of developing and maintaining them.

(2) A county or city may by ordinance or resolution establish standards for the reduction or waiver of the fees if the services and products are to be used for noncommercial public purposes, including but not limited to the support of other agencies, the support of public benefit nonprofit activities, public information or education, academic research, or other purposes that the county or city determines are beneficial to the public. The county or city shall apply the fee reductions or waivers uniformly for each noncommercial use.

(3) A county or city shall not recover through fees authorized by this section costs paid for by another governmental entity.

NEW SECTION. Sec. 22. To ensure that there will be no unfunded mandates imposed on counties and cities, if funds for the purposes of section 21 of this act are not provided in the 1997-99 biennial budget by June 30, 1997, referencing this act by bill or chapter number, section number, and subject matter, section 21 of this act is null and void."

Renumber the remaining sections consecutively and correct any internal references accordingly.

Correct the title.

Representative Sherstad and Reams spoke in favor of the adoption of the amendment.

Representative Romero spoke against adoption of the amendment.

The amendment was adopted.

Representative Romero moved the adoption of the following amendment by Representative Romero: (395)

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. In enacting the section 4(5), chapter . . ., Laws of 1997 (section 4(5) of this act) amendments to RCW 36.70A.070(5), the legislature finds that chapter 36.70A RCW is intended to recognize the importance of rural lands and rural character to Washington's economy, its people, and its environment, while respecting regional differences. Rural lands and rural-based economies enhance the economic desirability of the state, help to preserve traditional economic activities, and contribute to the state's overall quality of life. The legislature also finds that in developing its rural element under RCW 36.70A.070(5), a county should foster land use patterns and develop a local vision of rural character that: Will help preserve rural-based economies and traditional rural lifestyles; will foster opportunities for small-scale, rural-based employment and self-employment; will permit the operation of rural-based commercial, recreational, and tourist businesses that are consistent with existing and planned land use patterns; be compatible with the use of the land by wildlife and for fish and wildlife habitat; will foster the private stewardship of the land and preservation of open space; and will enhance the rural sense of community and quality of life.

NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

In amending RCW 36.70A.320(3) by section 16(3), chapter . . ., Laws of 1997 (section 16(3) of this act), the legislature intends that the boards apply a more deferential standard of review to actions of counties and cities than the preponderance of the evidence standard provided for under existing law. In recognition of the broad range of discretion that may be exercised by counties and cities consistent with the requirements of this chapter, the legislature intends for the boards to grant deference to counties and cities in how they plan for growth, consistent with the requirements and goals of this chapter. Local comprehensive plans and development regulations require counties and cities to balance priorities and options for action in full consideration of local circumstances. The legislature finds that while this chapter requires local planning to take place within a framework of state goals and requirements, the ultimate burden and responsibility for planning and implementing a county's or city's future rests with that community.

Sec. 3. RCW 36.70A.030 and 1995 c 382 s 9 are each 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) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, 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 thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

(8) "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.

(9) "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.

(10) "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.

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

(12) "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.

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

(14) "Rural character" refers to the patterns of land use and development established by a county:

(a) In which open space, the natural landscape, and vegetation predominate over the built environment;

(b) That foster traditional rural lifestyles and rural-based economies, including small-scale raising of livestock, production of food for local consumption, cottage industries, and handcrafts;

(d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat;

(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;

(f) That generally do not require the extension of urban governmental services; and

(g) That are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas.

(15) "Rural development" refers to development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preservation of rural character and the requirements of the rural element.

(16) "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not associated with urban areas. Rural services do not include storm or sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).

(17) "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, rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural development, as provided in RCW 36.70A.070(5)(d), is not urban growth. 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.

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

(((16))) (19) "Urban governmental services" or "urban services" include those ((governmental)) public services and public facilities at an intensity historically and typically ((delivered by)) provided in cities, ((and include)) specifically including 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)) rural areas.

(((17))) (20) "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, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

Sec. 4. RCW 36.70A.070 and 1996 c 239 s 1 are each amended to read as follows:

The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.

Each comprehensive plan shall include a plan, scheme, or design for each of the following:

(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

(2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.

(3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.

(4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.

(5) Rural development. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:

(a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.

(b) Rural development. The rural element shall permit ((appropriate land uses that are compatible with the rural character of such lands)) rural development and provide for a variety of rural densities ((and)), uses ((and may also provide)), essential public facilities, and rural governmental services needed to serve the permitted densities and uses. Except as otherwise specifically provided in this chapter, residential and nonresidential uses shall not require urban services and nonresidential uses shall be principally designed to serve the existing and projected rural population and existing nonresidential uses. In order to achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character.

(c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:

(i) Containing or otherwise controlling rural development;

(ii) Assuring visual compatibility of rural development with the surrounding rural area;

(iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;

(iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and ground water resources; and

(v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.

(d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:

(i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. A commercial, industrial, residential, shoreline, or mixed-use area shall have been in existence before July 1, 1990, and shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii) of this subsection. An industrial area is not required to be principally designed to serve the existing and projected rural population as required by (b) of this subsection;

(ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population as required by (b) of this subsection. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl;

(iii) The intensification of development on lots containing isolated nonresidential uses that are not principally designed to serve the existing and projected rural population and nonresidential uses and that were in existence before the date by which the county was required to have adopted a comprehensive plan under RCW 36.70A.040. Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;

(iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that, as of July 1, 1990, are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl.

(e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.

(6) A transportation element that implements, and is consistent with, the land use element. The transportation element shall include the following subelements:

(a) Land use assumptions used in estimating travel;

(b) Facilities and services needs, including:

(i) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning;

(ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;

(iii) Specific actions and requirements for bringing into compliance any facilities or services that are below an established level of service standard;

(iv) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

(v) Identification of system expansion needs and transportation system management needs to meet current and future demands;

(i) An analysis of funding capability to judge needs against probable funding resources;

(ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;

(iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

(d) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

(e) Demand-management strategies.

After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

The transportation element described in this subsection, and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, must be consistent.

Sec. 5. RCW 36.70A.160 and 1992 c 227 s 1 are each amended to read as follows:

(1) Each county and city that is required or chooses to prepare a comprehensive land use plan under RCW 36.70A.040 shall identify open space corridors within and between urban growth areas. They shall include lands useful for recreation, wildlife habitat, trails, and connection of critical areas as defined in RCW 36.70A.030.

(2) Identification of a corridor under this section by a county or city shall not restrict the use or management of lands within the corridor for agricultural or forest purposes. Restrictions on the use or management of such lands for agricultural or forest purposes imposed after identification solely to maintain or enhance the value of such lands as a corridor may occur only if:

(a) The county or city acquires sufficient interest to prevent development of the lands or to control the resource development of the lands; or

(b) A private or public nonprofit organization acquires sufficient interest to prevent development of the lands or to control the resource development of the lands.

(3) The requirement for acquisition of sufficient interest does not include those corridors regulated by the interstate commerce commission, under provisions of 16 U.S.C. Sec. 1247(d), 16 U.S.C. Sec. 1248, or 43 U.S.C. Sec. 912. Nothing in this section shall be interpreted to alter the authority of the state, or a county or city, to regulate land use activities.

(4) The city or county may acquire by donation or purchase the fee simple or lesser interests in these open space corridors using funds authorized by RCW 84.34.230 or other sources.

Sec. 6. RCW 36.70A.190 and 1991 sp.s. c 32 s 3 are each amended to read as follows:

(1) The department shall establish a program of technical and financial assistance and incentives to counties and cities to encourage and facilitate the adoption, evaluation, refinement, and implementation of comprehensive plans and development regulations throughout the state. The department may provide information and technical assistance to the public to encourage an informed process leading to the adoption and implementation of comprehensive plans and development regulations.

(2) The department shall develop a priority list and establish funding levels for planning and technical assistance grants both for counties and cities that plan under RCW 36.70A.040. Priority for assistance shall be based on a county's or city's population growth rates, commercial and industrial development rates, the existence and quality of a comprehensive plan and development regulations, and other relevant factors.

(3) The department shall develop and administer a grant program to provide direct financial assistance to counties and cities for the preparation of comprehensive plans under this chapter. The department may establish provisions for county and city matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly related to the preparation of a county or city comprehensive plan as the county or city and the department may agree, including, without limitation, the conducting of surveys, inventories and other data gathering and management activities, the retention of planning consultants, contracts with regional councils for planning and related services, and other related purposes.

(4) The department shall establish a program of technical assistance:

(a) Utilizing department staff, the staff of other state agencies, and the technical resources of counties and cities to help in the development of comprehensive plans required under this chapter. The technical assistance may include, but not be limited to, model land use ordinances, regional education and training programs, and information for local and regional inventories; and

(b) Adopting by rule procedural criteria to assist counties and cities in adopting comprehensive plans and development regulations that meet the goals and requirements of this chapter. These criteria shall reflect regional and local variations and the diversity that exists among different counties and cities that plan under this chapter.

(5) The department shall provide mediation services to resolve disputes between counties and cities regarding, among other things, coordination of regional issues and designation of urban growth areas.

(6) The department shall provide planning grants to enhance citizen participation under RCW 36.70A.140.

NEW SECTION. Sec. 7. A new section is added to chapter 36.70A RCW to read as follows:

(1) The public participation requirements of this chapter shall include notice procedures that are reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, and organizations of proposed amendments to comprehensive plans and development regulation. Examples of reasonable notice provisions include:

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

(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located or that will be affected by the proposal;

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

(d) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and

(e) Publishing notice in agency newsletters or sending notice to agency mailing lists, including general lists or lists for specific proposals or subject areas.

(2)(a) Except as otherwise provided in (b) of this subsection, if the legislative body for a county or city chooses to consider a change to an amendment to a comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comment has passed under the county's or city's procedures, an opportunity for review and comment on the proposed change shall be provided before the local legislative body votes on the proposed change.

(b) An additional opportunity for public review and comment is not required under (a) of this subsection if:

(i) An environmental impact statement has been prepared under chapter 43.21C RCW for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;

(ii) The proposed change is within the scope of the alternatives available for public comment;

(iii) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;

(iv) The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or

(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390.

(3) This section is prospective in effect and does not apply to a comprehensive plan, development regulation, or amendment adopted before the effective date of this section.

Sec. 8. RCW 36.70A.130 and 1995 c 347 s 106 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.

(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; and

(iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget.

(b) Except as otherwise provided in (a) of this subsection, 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 a growth management hearings board or with the court.

Sec. 9. RCW 36.70A.270 and 1996 c 325 s 1 are each amended to read as follows:

Each growth management hearings board shall be governed by the following rules on conduct and procedure:

(1) Any board member may be removed for inefficiency, malfeasance, and misfeasance in office, under specific written charges filed by the governor. The governor shall transmit such written charges to the member accused and the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Removal of any member of a board by the tribunal shall disqualify such member for reappointment.

(2) Each board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. If it is determined that the review boards shall operate on a full-time basis, each member shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is determined that a review board shall operate on a part-time basis, each member shall receive compensation pursuant to RCW 43.03.250, provided such amount shall not exceed the amount that would be set if they were a full-time board member. The principal office of each board shall be located by the governor within the jurisdictional boundaries of each board. The boards shall operate on either a part-time or full-time basis, as determined by the governor.

(3) Each board member shall not: (a) Be a candidate for or hold any other public office or trust; (b) engage in any occupation or business interfering with or inconsistent with his or her duty as a board member; and (c) for a period of one year after the termination of his or her board membership, act in a representative capacity before the board on any matter.

(4) A majority of each board shall constitute a quorum for making orders or decisions, adopting rules necessary for the conduct of its powers and duties, or transacting other official business, and may act even though one position of the board is vacant. One or more members may hold hearings and take testimony to be reported for action by the board when authorized by rule or order of the board. The board shall perform all the powers and duties specified in this chapter or as otherwise provided by law.

(5) The board may appoint one or more hearing examiners to assist the board in its hearing function, to make conclusions of law and findings of fact and, if requested by the board, to make recommendations to the board for decisions in cases before the board. Such hearing examiners must have demonstrated knowledge of land use planning and law. The boards shall specify in their joint rules of practice and procedure, as required by subsection (7) of this section, the procedure and criteria to be employed for designating hearing examiners as a presiding officer. Hearing examiners selected by a board shall meet the requirements of subsection (3) of this section. The findings and conclusions of the hearing examiner shall not become final until they have been formally approved by the board. This authorization to use hearing examiners does not waive the requirement of RCW 36.70A.300 that final orders be issued within one hundred eighty days of board receipt of a petition.

(6) Each board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decision shall be effective upon being signed by two or more members of the board and upon being filed at the board's principal office, and shall be open for public inspection at all reasonable times.

(7) All proceedings before the board, any of its members, or a hearing examiner appointed by the board shall be conducted in accordance with such administrative rules of practice and procedure as the boards jointly prescribe. All three boards shall jointly meet to develop and adopt joint rules of practice and procedure, including rules regarding expeditious and summary disposition of appeals. The boards shall publish such rules and decisions they render and arrange for the reasonable distribution of the rules and decisions. Except as it conflicts with specific provisions of this chapter, the administrative procedure act, chapter 34.05 RCW, and specifically including the provisions of RCW 34.05.455 governing ex parte communications, shall govern the practice and procedure of the boards.

(8) A board member or hearing examiner is subject to disqualification under chapter 34.05 RCW. The joint rules of practice of the boards shall establish procedures by which a party to a hearing conducted before the board may file with the board a motion to disqualify, with supporting affidavit, against a board member or hearing examiner assigned to preside at the hearing.

(9) The members of the boards shall meet jointly on at least an annual basis with the objective of sharing information that promotes the goals and purposes of this chapter.

NEW SECTION. Sec. 10. A new section is added to chapter 36.70A RCW to read as follows:

(1) A growth management hearings board may only take official notice of:

(a) Any judicially cognizable facts, including adopted resolutions or ordinances of a county or city;

(b) Technical or scientific facts within the board's specialized knowledge; and

(c) Codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association.

(2) Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed and the sources thereof, including any staff memoranda and data, and they shall be afforded an opportunity to contest the facts and material so noticed. A party proposing that official notice be taken may be required to produce a copy of the material to be noticed.

Sec. 11. RCW 36.70A.290 and 1995 c 347 s 109 are each 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. The board shall render written decisions articulating the basis for its holdings. The board shall not issue advisory opinions on issues not presented to the board in the statement of issues, as modified by any prehearing order.

(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, or the parties have filed an agreement to have the case heard in superior court as provided in section 12 of this act, 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.

NEW SECTION. Sec. 12. A new section is added to chapter 36.70A RCW to read as follows:

(1) The superior court may directly review a petition for review filed under RCW 36.70A.290 if all parties to the proceeding before the board have agreed to direct review in the superior court. The agreement of the parties shall be in writing and signed by all of the parties to the proceeding or their designated representatives. The agreement shall include the parties' agreement to proper venue as provided in RCW 36.70A.300(5). The parties shall file their agreement with the board within ten days after the date the petition is filed, or if multiple petitions have been filed and the board has consolidated the petitions pursuant to RCW 36.70A.300, within ten days after the board serves its order of consolidation.

(2) Within ten days of receiving the timely and complete agreement of the parties, the board shall file a certificate of agreement with the designated superior court and shall serve the parties with copies of the certificate. The superior court shall obtain exclusive jurisdiction over a petition when it receives the certificate of agreement. The board shall file the certificate of agreement, the petition for review, and other required documents with the designated superior court and any orders entered by the board, all other documents in the board's files regarding the action, and the written agreement of the parties.

(3) For purposes of a petition that is subject to direct review, the superior court's subject matter jurisdiction shall be equivalent to that of the board. Consistent with the requirements of the superior court civil rules, the superior court may consolidate a petition subject to direct review under this section with a separate action filed in the superior court.

(4)(a) Except as otherwise provided in (b) and (c) of this subsection, RCW 36.70A.280 through 36.70A.330, which specify the nature and extent of board review, apply to the superior court's review.

(b) The superior court:

(i) Shall not have jurisdiction to directly review or modify an office of financial management population projection;

(ii) Except as otherwise provided in RCW 36.70A.300(2)(b), shall render its decision on the petition within one hundred eighty days of receiving the certification of agreement; and

(iii) Shall give a compliance hearing under RCW 36.70A.330(2) the highest priority of all civil matters before the court.

(c) An aggrieved party may secure appellate review of a final judgment of the superior court under this section by the supreme court or the court of appeals. The review shall be secured in the manner provided by law for review of superior court decisions in other civil cases.

(5) If, following a compliance hearing, the court finds that the state agency, county, or city is not in compliance with the court's prior order, the court may use its remedial and contempt powers to enforce compliance.

(6) The superior court shall transmit a copy of its decision and order to the board, the department, and the governor. If the court has determined that a county or city is not in compliance with the provisions of this chapter, the governor may impose sanctions against the county or city in the same manner as if a board had recommended the imposition of sanctions as provided in RCW 36.70A.330.

(7) After the court has assumed jurisdiction over a petition for review under this section, the superior court civil rules govern a request for intervention and all other procedural matters not specifically provided for in this section.

Sec. 13. RCW 36.70A.300 and 1995 c 347 s 110 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)) that 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 adoption of plans, development regulations, and amendments thereto, ((adopted)) under RCW 36.70A.040 or chapter 90.58 RCW.

(2)(a) Except as provided in (b) of this subsection, the final order shall be issued within one hundred eighty days of receipt of the petition for review, or, if multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated.

(b) The board may extend the period of time for issuing a decision to enable the parties to settle the dispute if additional time is necessary to achieve a settlement, and (i) an extension is requested by all parties, or (ii) an extension is requested by the petitioner and respondent and the board determines that a negotiated settlement between the remaining parties could resolve significant issues in dispute. The request must be filed with the board not later than seven days before the date scheduled for the hearing on the merits of the petition. The board may authorize one or more extensions for up to ninety days each, subject to the requirements of this section.

(3) 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 chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW; 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, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW, in which case the board shall remand the matter to the affected state agency, county, or city ((and)). The board shall specify a reasonable time not in excess of one hundred eighty days, or such longer period as determined by the board in cases of unusual scope or complexity, within which the state agency, county, or city shall comply with the requirements of this chapter. The board may require periodic reports to the board on the progress the jurisdiction is making towards compliance.

(((2))) (4) Unless the board makes a determination of invalidity as provided in section 14 of this act, 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 local ordinance or resolution that both is enacted in response to the order of remand and determined by the board pursuant to RCW 36.70A.330 to comply with the requirements of this chapter.

(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 to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board.

NEW SECTION. Sec. 14. A new section is added to chapter 36.70A RCW to read as follows:

(1) A board may determine that part or all of a comprehensive plan or development regulations are invalid if the board:

(a) Makes a finding of noncompliance and issues an order of remand under RCW 36.70A.300;

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

(2) A determination of invalidity is prospective in effect and does not extinguish rights that vested under state or local law before receipt of the board's order by the city or county. The determination of invalidity does not apply to a completed development permit application for a project that vested under state or local law before receipt of the board's order by the county or city or to related construction permits for that project.

(3)(a) Except as otherwise provided in subsection (2) of this section and (b) of this subsection, a development permit application not vested under state or local law before receipt by the county or city of the board's determination of invalidity vests to the local ordinance or resolution that is determined by the board not to substantially interfere with the fulfillment of the goals of this chapter.

(b) Even though the application is not vested under state or local law before receipt by the county or city of the board's order, a determination of invalidity does not apply to a development permit application for:

(ii) A building permit and related construction permits for remodeling, tenant improvements, or expansion of an existing structure on a lot existing before receipt of the board's order by the county or city; and

(iii) A boundary line adjustment or a division of land that does not increase the number of buildable lots existing before receipt of the board's order by the county or city.

Sec. 15. RCW 36.70A.305 and 1996 c 325 s 4 are each amended to read as follows:

The court shall provide expedited review of ((a determination of invalidity or)) an order ((effectuating)) that includes a determination of invalidity made or issued under RCW 36.70A.300 and section 14 of this act. The matter must be set for hearing within sixty days of the date set for submitting the board's record, absent a showing of good cause for a different date or a stipulation of the parties.

Sec. 16. RCW 36.70A.320 and 1995 c 347 s 111 are each amended to read as follows:

(1) Except as provided in subsection (((2))) (5) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption.

(2) Except as otherwise provided in subsection (4) of this section, the burden is on the petitioner to demonstrate that any action taken by a state agency, county, or city under this chapter is not in compliance with the requirements of this chapter.

(3) 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)) determines that the action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light of the goals and requirements of this chapter.

(((2))) (4) A county or city subject to a determination of invalidity made under RCW 36.70A.300 or section 14 of this act has the burden of demonstrating that the ordinance or resolution it has enacted in response to the determination of invalidity will no longer substantially interfere with the fulfillment of the goals of chapter . . ., Laws of 1997 (this act) under the standard in section 14(1) of this act.

(5) 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. 17. RCW 36.70A.330 and 1995 c 347 s 112 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))) 36.70A.300(3)(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 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 and with any compliance schedule established by the board in its final order. 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, or city. 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. The board shall issue any order necessary to make adjustments to the compliance schedule and set additional hearings as provided in subsection (5) of this section.

(4) In a compliance hearing upon petition of a party, 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))) under section 14 of this act.

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

NEW SECTION. Sec. 18. A new section is added to chapter 36.70A RCW to read as follows:

A county or city subject to an order of invalidity issued before the effective date of section 13 of this act, by motion may request the board to review the order of invalidity in light of the section 13, chapter . . ., Laws of 1997 (section 13 of this act) amendments to RCW 36.70A.300, the section 17, chapter . . ., Laws of 1997 (section 17 of this act) amendments to RCW 36.70A.330, and section 14 of this act. If a request is made, the board shall rescind or modify the order of invalidity as necessary to make it consistent with the section 13, chapter . . ., Laws of 1997 (section 13 of this act) amendments to RCW 36.70A.300, and to the section 17, chapter . . ., Laws of 1997 (section 17 of this act) amendments to RCW 36.70A.330, and section 14 of this act.

NEW SECTION. Sec. 19. A new section is added to chapter 36.70A RCW to read as follows:

(1) A county or a city may use a variety of innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance under RCW 36.70A.170. The innovative zoning techniques should be designed to conserve agricultural lands and encourage the agricultural economy. A county or city should encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes.

(2) Innovative zoning techniques a county or city may consider include, but are not limited to:

(a) Agricultural zoning, which limits the density of development and restricts or prohibits nonfarm uses of agricultural land;

(b) Cluster zoning, which allows new development on one portion of the land, leaving the remainder in agricultural or open space uses;

(c) Large lot zoning, which establishes as a minimum lot size the amount of land necessary to achieve a successful farming practice;

(d) Quarter/quarter zoning, which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land; and

(e) Sliding scale zoning, which allows the number of lots for single-family residential purposes with a minimum lot size of one acre to increase inversely as the size of the total acreage increases.

NEW SECTION. Sec. 20. A new section is added to chapter 36.70A RCW to read as follows:

(1) A county and its cities, as provided in subsection (7) of this section, shall establish a monitoring and evaluation program to determine their progress towards meeting the goals of this chapter.

(2) The monitoring program shall encompass land use and resources both within and outside of urban growth areas. The county and its cities shall use the county-wide planning policy process to work cooperatively among themselves and with state agencies, neighboring counties, regional planning organizations, tribes, and special purpose districts to develop and implement the monitoring required by this section.

(3) The evaluation component of the program required by subsection (1) of this section requires an evaluation of at least the land use elements, critical area protections, and capital facilities elements of the county-wide planning policies and county and city comprehensive plans in meeting the goals of this chapter and the policies established in the county-wide planning policy process, specifically including an analysis of the success of the county-wide planning policies and comprehensive plan towards meeting residential densities and uses. The evaluation shall be conducted every five years, with the first evaluation occurring within five years after the later of the date the county adopted its comprehensive plan or the last periodic review required by this chapter.

(4) If the evaluation required by subsection (3) of this section shows that the county or one or more of its cities are not making satisfactory progress towards meeting the goals of this chapter, the county and the cities shall consider and implement measures that will be effective in making progress towards meeting the goals of this chapter and the policies established in the county-wide planning policies. The county and its cities shall annually monitor the measures that have been adopted to determine whether they are successful.

(5)(a) If, after three years of the annual monitoring required by subsection (3) of this section, the county and its cities demonstrate that the measures have not been effective in making progress towards meeting the goals of this chapter and the county-wide planning policy goals, the county may make adjustments to one or more urban growth areas that the county and its cities demonstrate are necessary to make progress towards the goals of this chapter and the county-wide planning policies.

(b) If, after the evaluation required by subsection (3) of this section, the county and its cities demonstrate that they have explored available measures and that those measures would not be effective in making progress towards meeting the goals of this chapter and the county-wide planning policies, the county may make adjustments to one or more urban growth areas that the county and its cities demonstrate are necessary to make satisfactory progress towards the goals of this chapter and the county-wide planning policies.

(6) From funds appropriated by the legislature for this purpose, the department shall provide grants to counties, cities, and regional planning organizations to conduct the monitoring and perform the evaluation required by this section.

(7) This section applies to the counties, and the cities within those counties, of Snohomish, King, Pierce, Kitsap, Thurston, and Clark.

NEW SECTION. Sec. 21. If funds for the purposes of section 20 of this act are not provided in the 1997-99 biennial budget by June 30, 1997, referencing this act by bill or chapter number, section number, and subject matter, section 20 of this act is null and void.

Sec. 22. RCW 36.70A.500 and 1995 c 347 s 116 are each amended to read as follows:

(1) The department of community, trade, and economic development shall provide management services for the fund created by RCW 36.70A.490. The department ((by rule)) shall establish procedures for fund management. The department shall encourage participation in the grant program by other public agencies. The department shall develop the grant criteria, monitor the grant program, and select grant recipients in consultation with state agencies participating in the grant program through the provision of grant funds or technical assistance.

(2) A grant may be awarded to a county or city that is required to or has chosen to plan under RCW 36.70A.040 and that is qualified pursuant to this section. The grant shall be provided to assist a county or city in paying for the cost of preparing ((a detailed environmental impact statement)) an environmental analysis under chapter 43.21C RCW, that is integrated with a comprehensive plan ((or)), subarea plan ((and)), plan element, county-wide planning policy, development regulation((s)), monitoring program, or other planning activity adopted under or implementing this chapter that:

(a) Improves the process for project permit review while maintaining environmental quality; or

(b) Encourages use of plans and information developed for purposes of complying with this chapter to satisfy requirements of other state programs.

(3) In order to qualify for a grant, a county or city shall:

(a) Demonstrate that it will prepare an environmental analysis pursuant to chapter 43.21C RCW and subsection (2) of this section that is integrated with a comprehensive plan ((or)), subarea plan ((and)), plan element, county-wide planning policy, development regulations, monitoring program, or other planning activity adopted under or implementing this chapter;

(b) Address environmental impacts and consequences, alternatives, and mitigation measures in sufficient detail to allow the analysis to be adopted in whole or in part by ((subsequent)) applicants for development permits within the geographic area analyzed in the plan;

(c) Demonstrate that procedures for review of development permit applications will be based on the integrated plans and environmental analysis;

(d) Include mechanisms ((in the plan)) to monitor the consequences of growth as it occurs in the plan area and ((provide ongoing)) to use the resulting data to update the plan, policy, or implementing mechanisms and associated environmental analysis;

(((d) Be making)) (e) Demonstrate substantial progress towards compliance with the requirements of this chapter. 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; and

(((e))) (f) Provide local funding, which may include financial participation by the private sector.

(4) In awarding grants, the department shall give preference to proposals that include one or more of the following elements:

(a) Financial participation by the private sector, or a public/private partnering approach;

(b) ((Comprehensive and subarea plan proposals that are designed to identify and monitor)) Identification and monitoring of system capacities for elements of the built environment, and to the extent appropriate, of the natural environment;

(d) Furtherance of important state objectives related to economic development, protection of areas of state-wide significance, and siting of essential public facilities;

(e) Programs to improve the efficiency and effectiveness of the permitting process by greater reliance on integrated plans and prospective environmental analysis;

(((d))) (f) Programs for effective citizen and neighborhood involvement that contribute to greater ((certainty)) likelihood that planning decisions ((will)) can be implemented with community support; and

(((e) Plans that)) (g) Programs to identify environmental impacts and establish mitigation measures that provide effective means to satisfy concurrency requirements and establish project consistency with the plans.

(5) If the local funding includes funding provided by other state functional planning programs, including open space planning and watershed or basin planning, the functional plan shall be integrated into and be consistent with the comprehensive plan.

(6) State agencies shall work with grant recipients to facilitate state and local project review processes that will implement the projects receiving grants under this section.

Sec. 23. RCW 84.34.020 and 1992 c 69 s 4 are each amended to read as follows:

As used in this chapter, unless a different meaning is required by the context:

(1) "Open space land" means (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly(([,])), or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (c) any land meeting the definition of farm and agricultural conservation land under subsection (8) of this section. As a condition of granting open space classification, the legislative body may not require public access on land classified under (b)(iii) of this subsection for the purpose of promoting conservation of wetlands.

(2) "Farm and agricultural land" means ((either)):

(a) Any parcel of land that is twenty or more acres or multiple parcels of land that are contiguous and total twenty or more acres:

(i) Devoted primarily to the production of livestock or agricultural commodities for commercial purposes((,));

(ii) Enrolled in the federal conservation reserve program or its successor administered by the United States department of agriculture((,)); or

(iii) Other similar commercial activities as may be established by rule ((following consultation with the advisory committee established in section 19 of this act));

(b) Any parcel of land that is five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to, as of January 1, 1993((,)):

(i) One hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993((,)); and

(ii) On or after January 1, 1993, two hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter;

(c) Any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income as of January 1, 1993, of:

(i) One thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993((,)); and

(ii) On or after January 1, 1993, fifteen hundred dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter.

Parcels of land described in (b)(i) and (c)(i) of this subsection shall, upon any transfer of the property excluding a transfer to a surviving spouse, be subject to the limits of (b)(ii) and (c)(ii) of this subsection.

Agricultural lands shall also include such incidental uses as are compatible with agricultural purposes, including wetlands preservation, provided such incidental use does not exceed twenty percent of the classified land and the land on which appurtenances necessary to the production, preparation, or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands"; ((or))

(d) The land on which housing for employees and the principal place of residence of the farm operator or owner of land classified pursuant to (a) of this subsection is sited if: The housing or residence is on or contiguous to the classified parcel; and the use of the housing or the residence is integral to the use of the classified land for agricultural purposes;

(e) Any parcel of land designated as agricultural land under RCW 36.70A.170; or

(f) Any parcel of land not within an urban growth area zoned as agricultural land under a comprehensive plan adopted under chapter 36.70A RCW.

(3) "Timber land" means any parcel of land that is five or more acres or multiple parcels of land that are contiguous and total five or more acres which is or are devoted primarily to the growth and harvest of forest crops for commercial purposes. A timber management plan shall be filed with the county legislative authority at the time (a) an application is made for classification as timber land pursuant to this chapter or (b) when a sale or transfer of timber land occurs and a notice of classification continuance is signed. Timber land means the land only.

(4) "Current" or "currently" means as of the date on which property is to be listed and valued by the assessor.

(5) "Owner" means the party or parties having the fee interest in land, except that where land is subject to real estate contract "owner" shall mean the contract vendee.

(6) "Contiguous" means land adjoining and touching other property held by the same ownership. Land divided by a public road, but otherwise an integral part of a farming operation, shall be considered contiguous.

(7) "Granting authority" means the appropriate agency or official who acts on an application for classification of land pursuant to this chapter.

(8) "Farm and agricultural conservation land" means either:

(a) Land that was previously classified under subsection (2) of this section, that no longer meets the criteria of subsection (2) of this section, and that is reclassified under subsection (1) of this section; or

(b) Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture.

Sec. 24. RCW 84.34.060 and 1992 c 69 s 8 are each amended to read as follows:

In determining the true and fair value of open space land and timber land, which has been classified as such under the provisions of this chapter, the assessor shall consider only the use to which such property and improvements is currently applied and shall not consider potential uses of such property. The assessed valuation of open space land shall not be less than the minimum value per acre of classified farm and agricultural land except that the assessed valuation of open space land may be valued based on the public benefit rating system adopted under RCW 84.34.055: PROVIDED FURTHER, That timber land shall be valued according to chapter 84.33 RCW. In valuing any tract or parcel of real property designated and zoned under a comprehensive plan adopted under chapter 36.70A RCW as agricultural, forest, or open space land, the appraisal shall not be based on similar sales of parcels that have been converted to nonagricultural, nonforest, or nonopen-space uses within five years after the sale.

Sec. 25. RCW 84.34.065 and 1992 c 69 s 9 are each amended to read as follows:

The true and fair value of farm and agricultural land shall be determined by consideration of the earning or productive capacity of comparable lands from crops grown most typically in the area averaged over not less than five years, capitalized at indicative rates. The earning or productive capacity of farm and agricultural lands shall be the "net cash rental", capitalized at a "rate of interest" charged on long term loans secured by a mortgage on farm or agricultural land plus a component for property taxes. The current use value of land under RCW 84.34.020(2)(d) shall be established as: The prior year's average value of open space farm and agricultural land used in the county plus the value of land improvements such as septic, water, and power used to serve the residence. This shall not be interpreted to require the assessor to list improvements to the land with the value of the land. In valuing any tract or parcel of real property designated and zoned under a comprehensive plan adopted under chapter 36.70A RCW as agricultural, forest, or open space land, the appraisal shall not be based on similar sales of parcels that have been converted to nonagricultural, nonforest, or nonopen-space uses within five years after the sale.

For the purposes of the above computation:

(1) The term "net cash rental" shall mean the average rental paid on an annual basis, in cash, for the land being appraised and other farm and agricultural land of similar quality and similarly situated that is available for lease for a period of at least three years to any reliable person without unreasonable restrictions on its use for production of agricultural crops. There shall be allowed as a deduction from the rental received or computed any costs of crop production charged against the landlord if the costs are such as are customarily paid by a landlord. If "net cash rental" data is not available, the earning or productive capacity of farm and agricultural lands shall be determined by the cash value of typical or usual crops grown on land of similar quality and similarly situated averaged over not less than five years. Standard costs of production shall be allowed as a deduction from the cash value of the crops.

The current "net cash rental" or "earning capacity" shall be determined by the assessor with the advice of the advisory committee as provided in RCW 84.34.145, and through a continuing internal study, assisted by studies of the department of revenue. This net cash rental figure as it applies to any farm and agricultural land may be challenged before the same boards or authorities as would be the case with regard to assessed values on general property.

(2) The term "rate of interest" shall mean the rate of interest charged by the farm credit administration and other large financial institutions regularly making loans secured by farm and agricultural lands through mortgages or similar legal instruments, averaged over the immediate past five years.

The "rate of interest" shall be determined annually by a rule adopted by the department of revenue and such rule shall be published in the state register not later than January 1 of each year for use in that assessment year. The department of revenue determination may be appealed to the state board of tax appeals within thirty days after the date of publication by any owner of farm or agricultural land or the assessor of any county containing farm and agricultural land.

(3) The "component for property taxes" shall be a figure obtained by dividing the assessed value of all property in the county into the property taxes levied within the county in the year preceding the assessment and multiplying the quotient obtained by one hundred.

Sec. 26. RCW 84.40.030 and 1994 c 124 s 20 are each amended to read as follows:

All property shall be valued at one hundred percent of its true and fair value in money and assessed on the same basis unless specifically provided otherwise by law.

Taxable leasehold estates shall be valued at such price as they would bring at a fair, voluntary sale for cash without any deductions for any indebtedness owed including rentals to be paid.

The true and fair value of real property for taxation purposes (including property upon which there is a coal or other mine, or stone or other quarry) shall be based upon the following criteria:

(1) Any sales of the property being appraised or similar properties with respect to sales made within the past five years. The appraisal shall be consistent with the comprehensive land use plan, development regulations under chapter 36.70A RCW, zoning, and any other governmental policies or practices in effect at the time of appraisal that affect the use of property, as well as physical and environmental influences. The appraisal shall also take into account: (a) In the use of sales by real estate contract as similar sales, the extent, if any, to which the stated selling price has been increased by reason of the down payment, interest rate, or other financing terms; and (b) the extent to which the sale of a similar property actually represents the general effective market demand for property of such type, in the geographical area in which such property is located. Sales involving deed releases or similar seller-developer financing arrangements shall not be used as sales of similar property.

(2) In addition to sales as defined in subsection (1), consideration may be given to cost, cost less depreciation, reconstruction cost less depreciation, or capitalization of income that would be derived from prudent use of the property. In the case of property of a complex nature, or being used under terms of a franchise from a public agency, or operating as a public utility, or property not having a record of sale within five years and not having a significant number of sales of similar property in the general area, the provisions of this subsection (2) shall be the dominant factors in valuation. When provisions of this subsection (2) are relied upon for establishing values the property owner shall be advised upon request of the factors used in arriving at such value.

(3) In valuing any tract or parcel of real property, the value of the land, exclusive of structures thereon shall be determined; also the value of structures thereon, but the valuation shall not exceed the value of the total property as it exists. In valuing agricultural land, growing crops shall be excluded.

(4) In valuing any tract or parcel of real property designated and zoned under a comprehensive plan adopted under chapter 36.70A RCW as agricultural, forest, or open space land, the appraisal shall not be based on similar sales of parcels that have been converted to nonagricultural, nonforest, or nonopen-space uses within five years after the sale.

Sec. 27. RCW 90.60.030 and 1995 c 347 s 603 are each amended to read as follows:

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 and tribal 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 and tribal governments;

(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;

(4) Seek the assignment of employees from the permit agencies listed under RCW 90.60.020(6)(a) to serve on a rotating basis in staffing the center; ((and))

(5) Collect and disseminate information to public and private entities on federal, state, local, and tribal government programs that rely on private professional expertise to assist governmental agencies in project permit review; and

(6) Provide an annual report to the legislature on potential conflicts and perceived inconsistencies among existing statutes. The first report shall be submitted to the appropriate standing committees of the house of representatives and senate by December 1, 1996.

Sec. 28. RCW 35.13.130 and 1990 c 33 s 566 are each amended to read as follows:

A petition for annexation of an area contiguous to a city or town may be made in writing addressed to and filed with the legislative body of the municipality to which annexation is desired. Except where all the property sought to be annexed is property of a school district, and the school directors thereof file the petition for annexation as in RCW 28A.335.110 authorized, and except where the property to be annexed is within an urban growth area designated under RCW 36.70A.110, the petition must be signed by the owners of not less than seventy-five percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned. When the property to be annexed is within an urban growth area designated under RCW 36.70A.110, the petition must be signed by the owners of not less than sixty percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned: PROVIDED, That in cities and towns with populations greater than one hundred sixty thousand located east of the Cascade mountains, the owner of tax exempt property may sign an annexation petition and have the tax exempt property annexed into the city or town, but the value of the tax exempt property shall not be used in calculating the sufficiency of the required property owner signatures unless only tax exempt property is proposed to be annexed into the city or town. The petition shall set forth a description of the property according to government legal subdivisions or legal plats which is in compliance with RCW 35.02.170, and shall be accompanied by a plat which outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or of any portion of city or town indebtedness by the area annexed, and/or the adoption of a comprehensive plan for the area to be annexed, these facts, together with a quotation of the minute entry of such requirement or requirements shall be set forth in the petition.

Sec. 29. RCW 35A.14.295 and 1967 ex.s. c 119 s 35A.14.295 are each amended to read as follows:

((When there is, within)) (1) The legislative body of a code city may resolve to annex territory containing residential property owners to the city if there is within the city, unincorporated territory:

(a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the code city((, the legislative body may resolve to annex such territory to the code city)); or

(b) Of any size and having at least eighty percent of the boundaries of such area contiguous to the city if such area existed before June 30, 1994, and is within the same county and within the same urban growth area designated under RCW 36.70A.110, and the city was planning under chapter 36.70A RCW as of June 30, 1994.

(2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and set a date for a public hearing on such resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks prior to the date of the hearing, in one or more newspapers of general circulation within the code city and one or more newspapers of general circulation within the area to be annexed.

(3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water.

NEW SECTION. Sec. 30. A new section is added to chapter 35.13 RCW to read as follows:

(1) The legislative body of a city or town planning under chapter 36.70A RCW as of June 30, 1994, may resolve to annex territory to the city or town if there is, within the city or town, unincorporated territory containing residential property owners within the same county and within the same urban growth area designated under RCW 36.70A.110 as the city or town:

(a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the city or town if such area existed before June 30, 1994; or

(b) Of any size and having at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994.

(2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed.

Sec. 31. RCW 35.13.174 and 1973 1st ex.s. c 164 s 17 are each amended to read as follows:

Upon receipt by the board of county commissioners of a determination by a majority of the review board favoring annexation of the proposed area that has been initiated by resolution pursuant to RCW 35.13.015 by the city or town legislative body, the board of county commissioners, or the city or town legislative body for any city or town within an urban growth area designated under RCW 36.70A.110, shall fix a date on which an annexation election shall be held, which date will be not less than thirty days nor more than sixty days thereafter.

Sec. 32. RCW 36.93.170 and 1989 c 84 s 5 are each amended to read as follows:

In reaching a decision on a proposal or an alternative, the board shall consider the factors affecting such proposal, which shall include, but not be limited to the following:

(1) Population and territory; population density; land area and land uses; comprehensive plans and zoning, as adopted under chapter 35.63, 35A.63, or 36.70 RCW; comprehensive plans and development regulations adopted under chapter 36.70A RCW; applicable service agreements entered into under chapter 36.115 or 39.34 RCW; applicable interlocal annexation agreements between a county and its cities; per capita assessed valuation; topography, natural boundaries and drainage basins, proximity to other populated areas; the existence and preservation of prime agricultural soils and productive agricultural uses; the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most desirable future location of community facilities;

(2) Municipal services; need for municipal services; effect of ordinances, governmental codes, regulations and resolutions on existing uses; present cost and adequacy of governmental services and controls in area; prospects of governmental services from other sources; probable future needs for such services and controls; probable effect of proposal or alternative on cost and adequacy of services and controls in area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental units; and

(3) The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county.

The provisions of chapter 43.21C RCW, State Environmental Policy, shall not apply to incorporation proceedings covered by chapter 35.02 RCW.

Sec. 33. RCW 84.14.010 and 1995 c 375 s 3 are each amended to read as follows:

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

(1) "City" means either (a) a city or town with a population of at least one hundred ((fifty)) thousand or (b) the largest city or town, if there is no city or town with a population of at least one hundred thousand, located in a county planning under the growth management act.

(2) "Governing authority" means the local legislative authority of a city having jurisdiction over the property for which an exemption may be applied for under this chapter.

(3) "Growth management act" means chapter 36.70A RCW.

(4) "Multiple-unit housing" means a building having four or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing.

(5) "Owner" means the property owner of record.

(6) "Permanent residential occupancy" means multiunit housing that provides either rental or owner occupancy on a nontransient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis.

(7) "Rehabilitation improvements" means modifications to existing structures, that are vacant for twelve months or longer, that are made to achieve a condition of substantial compliance with existing building codes or modification to existing occupied structures which increase the number of multifamily housing units.

(8) "Residential targeted area" means an area within an urban center that has been designated by the governing authority as a residential targeted area in accordance with this chapter.

(9) "Substantial compliance" means compliance with local building or housing code requirements that are typically required for rehabilitation as opposed to new construction.

(10) "Urban center" means a compact identifiable district where urban residents may obtain a variety of products and services. An urban center must contain:

(a) Several existing or previous, or both, business establishments that may include but are not limited to shops, offices, banks, restaurants, governmental agencies;

(b) Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and

(c) A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use.

NEW SECTION. Sec. 34. Except as otherwise specifically provided in section 18 of this act, sections 1 through 17, chapter . . ., Laws of 1997 (sections 1 through 17 of this act) are prospective in effect and shall not affect the validity of actions taken or decisions made before the effective date of this section."

Correct the title.

Representatives Romero, Gardner and Lantz spoke in favor of the adoption of the amendment.

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

Representatives Reams and Mullikan spoke against adoption of the amendment.

MOTION

On motion by Representative Robertson, Representative Van Luven was excused.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 1, strike everything, to Second Substitute House Bill No. 2244 and the amendment was not adopted by the following vote: Yeas - 43, Nays - 54, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sehlin, Sommers, H., Sullivan, Thomas, B., Tokuda, Veloria, Wolfe and Wood - 43.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 54.

Excused: Representative Van Luven - 1.

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 Reams, Sherstad and Cairnes spoke in favor of passage of the bill.

Representatives Romero, Kastama, Anderson, Blalock and Fisher spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2244.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2244 and the bill passed the House by the following vote: Yeas - 58, Nays - 39, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 58.

Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sehlin, Sommers, H., Sullivan, Thomas, B., Tokuda, Veloria, Wolfe and Wood - 39.

Excused: Representative Van Luven - 1.

Engrossed Second Substitute House Bill No. 2244, having received the constitutional majority, was declared passed.

There being no objection, the bills remaining on the day’s Second Reading Calendar were return to the Rules Committee.

There being no objection, the House reverted to the fourth order of business.

INTRODUCTIONS AND FIRST READING

HB 2274 by Representative Buck

AN ACT Relating to economic and employment impact of natural resources harvest variation in rural communities and providing an appropriation of forty million dollars from the unemployment compensation fund; amending RCW 43.31.601, 43.31.611, 43.31.621, 43.63A.021, 43.31.641, 43.63A.440, 43.160.020, 43.160.076, 28B.50.030, 28B.80.570, 28B.80.580, 50.12.270, 43.131.385, and 43.131.386; amending 1995 c 226 s 7 (uncodified); amending 1995 c 226 s 8 (uncodified); amending 1995 c 226 s 9 (uncodified); reenacting and amending RCW 50.22.090 and 43.20A.750; creating a new section; repealing RCW 43.31.651; making an appropriation; providing an effective date; providing expiration dates; and declaring an emergency.

Referred to Committee on Trade & Economic Development.

HB 2275 by Representative Mastin

AN ACT Relating to regulation of private property; adding a new section to chapter 84.56 RCW; adding a new chapter to Title 64 RCW; and declaring an emergency.

Referred to Committee on Government Reform & Land Use.

HJM 4021 by Representatives Mastin and Grant

Recognizing the authority of Whitman College to regulate its corporate concerns.

Referred to Committee on Higher Education.

SSB 5005 by Senate Committee on Law & Justice (originally sponsored by Senators Long, Hargrove, McCaslin, Haugen, Zarelli, Johnson, Winsley, Goings, Rasmussen, Oke and Roach)

Concerning concurrent and consecutive sentencing for violent offenses.

Referred to Committee on Criminal Justice & Corrections.

SSB 5006 by Senate Committee on Ways & Means (originally sponsored by Senators Long, Hargrove, McCaslin, Haugen, Sheldon, Winsley, Goings, Deccio, McAuliffe, Franklin, Rasmussen, Hale, Johnson and Oke)

Enhancing sentences and supervision of sex offenders.

Referred to Committee on Criminal Justice & Corrections.

ESSB 5044 by Senate Committee on Law & Justice (originally sponsored by Senators Benton and Oke)

Revising AIDS-related crimes.

Referred to Committee on Criminal Justice & Corrections.

2SSB 5084 by Senate Committee on Ways & Means (originally sponsored by Senators Roach, Schow, Benton, Swecker, Zarelli, Morton, Hochstatter, Johnson, McCaslin, Winsley, Stevens and Oke)

Modifying the definition of a qualified party and the amount of attorneys' fees they may recover in an action appealing a state agency directive.

Referred to Committee on Government Reform & Land Use.

SB 5094 by Senator Roach

Prescribing procedures for release of offenders.

Referred to Committee on Criminal Justice & Corrections.

SSB 5135 by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Fairley, Johnson, Winsley and Oke)

Impounding vehicles driven by a person with a suspended or revoked license.

Referred to Committee on Transportation Policy & Budget.

SB 5150 by Senators Roach, Johnson, Heavey, McCaslin, Loveland, Snyder and Winsley

Extending authority to cite for contempt of court.

Referred to Committee on Law & Justice.

SB 5164 by Senators Haugen, Long, Goings, Patterson, Franklin and Bauer

Removing certain tenants and occupants from a mobile home park.

Referred to Committee on Trade & Economic Development.

ESB 5185 by Senators Horn, McCaslin, Long, Benton, Prince and Deccio

Revising procedures for growth management hearings boards.

Referred to Committee on Government Reform & Land Use.

SB 5211 by Senators Newhouse, Wojahn and Schow

Authorizing public hospital districts to be self-insurers.

Referred to Committee on Commerce & Labor.

SSB 5282 by Senate Committee on Law & Justice (originally sponsored by Senators Long, Hargrove, Schow, Zarelli and Winsley)

Extending the scope of hit and run involving death.

Referred to Committee on Criminal Justice & Corrections.

SSB 5290 by Senate Committee on Ways & Means (originally sponsored by Senators West and Spanel; by request of Liquor Control Board)

Providing that the liquor control board construction and maintenance account retain its earnings.

Referred to Committee on Appropriations.

E2SSB 5306 by Senate Committee on Ways & Means (originally sponsored by Senators Zarelli, Hargrove, Long, Stevens, Benton, Schow and Roach)

Allowing for the testing of offenders for HIV and other communicable diseases.

Referred to Committee on Criminal Justice & Corrections.

SSB 5318 by Senate Committee on Law & Justice (originally sponsored by Senators Haugen, Winsley and Goings)

Preserving writs of restitution when partial payment is accepted.

Referred to Committee on Law & Justice.

SSB 5336 by Senate Committee on Government Operations (originally sponsored by Senators Horn and Haugen)

Clarifying and harmonizing provisions affecting cities and towns.

Referred to Committee on Government Administration.

SB 5383 by Senators Winsley and Prentice

Facilitating the collection of sales tax on manufactured housing.

Referred to Committee on Finance.

SB 5452 by Senators Hale, Loveland, West, Winsley, Rasmussen and Oke

Exempting nonprofit cancer centers from property tax.

Referred to Committee on Finance.

ESSB 5491 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Stevens, Swecker, Strannigan, Schow and Hochstatter)

Revising provisions for termination of parent and child relationship.

Referred to Committee on Children & Family Services.

SSB 5562 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Prentice, Wojahn and Deccio)

Revising provisions relating to the involuntary commitment of mentally ill persons.

Referred to Committee on Children & Family Services.

SSB 5563 by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators Winsley, Prentice, Kohl and Kline)

Modernizing, clarifying, and simplifying the Washington state credit union act.

Referred to Committee on Financial Institutions & Insurance.

ESSB 5574 by Senate Committee on Government Operations (originally sponsored by Senator Horn)

Instituting property tax reform.

Referred to Committee on Finance.

SSB 5575 by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators Winsley, Prentice and Hale)

Regulating mortgage brokers.

Referred to Committee on Financial Institutions & Insurance.

SSB 5621 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Winsley, Patterson, Benton and Oke)

Requiring kidnappers of children to register with local law enforcement agencies upon release from custody.

Referred to Committee on Criminal Justice & Corrections.

SSB 5629 by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Hargrove, Winsley, Long, Benton, Schow and Oke)

Making domestic violence an aggravating circumstance for purposes of sentencing decisions.

Referred to Committee on Criminal Justice & Corrections.

SB 5647 by Senators Wood, Snyder, Swecker, Bauer, Zarelli, Winsley and Kohl; by request of State Board for Community and Technical Colleges

Requiring only collected building fees of community and technical colleges to be paid to the state treasury.

Referred to Committee on Higher Education.

SB 5651 by Senators Anderson, Newhouse, Schow, Horn and Oke

Restricting actions against employers under industrial insurance.

Referred to Committee on Commerce & Labor.

SSB 5715 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Wood, Fairley, Franklin, Deccio and Winsley)

Licensing orthotists and prosthetists.

Referred to Committee on Health Care.

ESSB 5739 by Senate Committee on Commerce & Labor (originally sponsored by Senators Horn, Haugen, Schow, Rasmussen and Wood)

Establishing when employers are required to compensate employees for employee wearing apparel.

Referred to Committee on Commerce & Labor.

SSB 5755 by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senator Swecker)

Authorizing service of process by posting in disputes involving mobile home landlords and tenants.

Referred to Committee on Law & Justice.

SSB 5802 by Senate Committee on Government Operations (originally sponsored by Senators Horn, McCaslin and Haugen)

Attempting to integrate planning, review, and terminology among growth management, environmental and ecological protection, and other related areas.

Referred to Committee on Government Reform & Land Use.

SSB 5813 by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators McDonald, Winsley, Prentice and Heavey)

Regulating automated teller machines.

Referred to Committee on Financial Institutions & Insurance.

SB 5874 by Senators Hale and Winsley

Establishing the confidentiality of voluntary compliance efforts by financial institutions.

Referred to Committee on Law & Justice.

2SSB 5886 by Senate Committee on Ways & Means (originally sponsored by Senators Strannigan, Swecker, Jacobsen and Oke)

Providing a stable funding source for fisheries enhancement and habitat restoration.

Referred to Committee on Natural Resources.

SSB 5936 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Kohl, Long, Hargrove, Franklin, Bauer and Rasmussen)

Requiring a report on alternatives for increasing offender access to postsecondary academic and vocational opportunities.

Referred to Committee on Criminal Justice & Corrections.

SB 5938 by Senators Roach, Long, Zarelli, Haugen, Benton, Finkbeiner, Oke, Swecker, Anderson, Stevens, Winsley, Strannigan and Schow

Revising sentencing provisions.

Referred to Committee on Criminal Justice & Corrections.

ESB 5959 by Senators Anderson and Morton

Allowing for the establishment of restricted seed potato production areas.

Referred to Committee on Agriculture & Ecology.

ESSB 5970 by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Horn, Bauer, Heavey, Franklin and Anderson)

Modifying fireworks statutes.

Referred to Committee on Commerce & Labor.

SB 5998 by Senator Haugen

Restructuring the state cosmetology, barbering, esthetics, and manicuring advisory board.

Referred to Committee on Government Administration.

SSB 6022 by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators Winsley and Hale)

Protecting certain information concerning financial institutions.

Referred to Committee on Financial Institutions & Insurance.

There being no objection, the bills and memorial listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated.

There being no objection, the House advanced to the eleventh order of business.

MOTION

On motion by Representative Lisk, the House adjourned until 9:55 a.m., Thursday, March 20, 1997.

CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk

1028

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

1043 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

1126

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

1126 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

1201

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

1201 (2nd Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

1261

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

1261 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

1263

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

1263 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

1267

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

1275

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

1275 (2nd Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

1327

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

1327 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

1337

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

1337 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

1358

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

1358 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

1379

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

1379 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

1471

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

1471 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

1527

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

1527 (2nd Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

1578

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

1578 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37

1592

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

1592 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

1624

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

1624 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

1660

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

1660 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

1752

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

1752 (2nd Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

1813

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

1813 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

1866

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

1866 (2nd Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

1872

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

1872 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

1898

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

1898 (2nd Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

1943

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

1943 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

1966

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

1966 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

2041

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

2051

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2051 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2096

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

2096 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

2226

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

2226 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

2244

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

2244 (2nd Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100

2274

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

2275

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

4005

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

4019

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

4020

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

4021

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

5005 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

5006 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

5044 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

5077 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5084 (2nd Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

5094

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

5120 (2nd Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5135 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

5150

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

5164

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

5179 (2nd Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5185

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

5208 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5211

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

5227 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5230 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5282 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

5290 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

5306 (2nd Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

5318 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

5336 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

5354

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5383

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

5442 (2nd Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5452

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

5460

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5491 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

5505 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5512 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5560 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5562 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

5563 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

5574 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

5575 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

5621 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

5629 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

5647

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

5651

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

5657

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5666 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5695

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5715 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

5725 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5739 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

5740 (2nd Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5742

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5744

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5755 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

5760 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5782 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5783 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5797

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5802 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

5813 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

5827 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5842 (2nd Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5851 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5861 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5874

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

5877

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5886 (2nd Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

5915

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5919 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5927 (2nd Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5936 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

5938

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

5959

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

5965 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5970 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

5991

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5998

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

6006 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

6022 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

7900

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

8408 (Sub)

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

HOUSE OF REPRESENTATIVES

Motion for Reconsideration; Representative Robertson, SHB 2226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

Statement for the Journal; Representative Appelwick. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33