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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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SIXTY FOURTH DAY

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House Chamber, Olympia, Monday, March 17, 2003

The House was called to order at 9:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Chad Stayton and Rachael Doumit. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Father Chaplain Zula Johnston, St. Benedict's Episcopal Church, Lacey.

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

RESOLUTIONS

HOUSE RESOLUTION NO.2003-4637, by Representatives Ahern, McDermott, Delvin, Chase, Armstrong, McMorris, Buck, Cairnes, Roach, Holmquist, Ericksen, Sullivan, Pettigrew, Pearson, Woods, Nixon, Clements, Priest, McMahan, Skinner, Schoesler, Mielke, Mastin, Chandler, Condotta, Shabro, Cox, Alexander, Schindler, Boldt, Crouse, Orcutt, Kirby, Upthegrove, Flannigan, Eickmeyer, Cooper, Wood, Berkey, McIntire, Dunshee, Kenney, Chopp, Conway, Murray, Hunter, Lovick, Dickerson, Romero, Kessler, Veloria, Haigh, Quall, O'Brien, Lantz, Anderson, Bailey, Benson, Blake, Bush, Campbell, Carrell, Clibborn, Cody, Darneille, DeBolt, Edwards, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Jarrett, Kagi, Kristiansen, Linville, McCoy, McDonald, Miloscia, Moeller, Morrell, Morris, Newhouse, Pflug, Rockefeller, Ruderman, Santos, Schual-Berke, Sehlin, Simpson, Sommers, Sump, Talcott, Tom and Wallace

WHEREAS, Our society has been enriched by the immigration of countless people, whose experience and successes have added to the diversity of our nations' culture and the building of our state's community; and

WHEREAS, Irish immigrants played a major role in the settling of the Northwest and the founding of communities where they aspired to leadership positions and helped forge what would become the distinct culture of Washington State; and

WHEREAS, The struggles and successes of Saint Patrick demonstrate integrity, perseverance, and honor, qualities that the Irish people embrace and that serve as a model for all Washingtonians; and

WHEREAS, Our Emerald City of Seattle parallels not only in name, but also in social value, the historic example of cultural prowess the Emerald Isle has demonstrated to the world; and

WHEREAS, In addition to our Irish population, Washington shares many characteristics with Ireland, including the prominent Irish green of our flag and our famed potatoes that constitute over twenty percent of our nation's potato crop; and

WHEREAS, The wild March weather in Olympia creates rainbows that with any bit o' Irish luck will end in that elusive pot of gold, which in this time of financial woes might be a wee bit helpful; and

WHEREAS, The establishment of Limerick, Ireland, as the sister city of Spokane is a model for the expansion of ties with Ireland and a tribute to our region's expanded connection to the Irish; and

WHEREAS, Eloquence is a trait invaluable to the legislative process, and since eloquence, as legend has it, can be obtained from kissing the Blarney Stone, the Stone could be a helpful destination for all elected officials and public speakers everywhere;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize the contributions of Irish Americans to the history and culture of Washington State and encourage all the citizens of Washington State to join in celebrating Saint Patrick's Day in honor of all those of Irish descent who proudly call the EverGREEN state their home.

HOUSE RESOLUTION NO. 4637 was adopted.

HOUSE RESOLUTION NO. 2003-4638, By Representatives Sehlin, Quall, McDonald, Ericksen, Haigh, Grant, Kessler, Alexander, Hinkle, Hunt, Kristiansen, Newhouse, Jarrett, Schindler, Upthegrove, Santos, Crouse, Woods, Talcott, Cox, Buck, Delvin, Schoesler, Flannigan, Priest, Orcutt, Linville, Morris, Nixon, Carrell, Mielke, Rockefeller, Pearson, Veloria, Condotta, McMahan, Sullivan, Tom, Bailey, Clements, Skinner, McCoy, Kagi, Hudgins, Pettigrew, Hunter, Miloscia, Simpson, Lantz, Cody, Lovick, Eickmeyer, Darneille, McDermott, O'Brien, Kirby, Sommers, Chase, Ruderman, Wallace, McIntire, Conway, Kenney, Gombosky, Berkey and Fromhold

WHEREAS, Washington State is recognized throughout the nation for its eminent resources in biomedical science; and

WHEREAS, Medical specialists in this state have been credited with singular discoveries in diverse health conditions, contributing to worldwide knowledge about symptoms and treatment; and

WHEREAS, Although citizen awareness about these major illnesses has become widespread, there are still a number of lesser threats to health about which very little is known; and

WHEREAS, Myositis, a rare, chronic, and progressive condition for which there is no known cure, is one of these latter "orphan diseases" which is still little recognized, with only 135 patients identified in 27 of Washington's 39 counties and approximately 50,000 active cases nationwide; and

WHEREAS, The puzzling symptoms of Myositis in its four related forms include difficulty in swallowing or breathing, excessive fatigue after standing or walking, increasing inability to lift or raise one's arms overhead, and general weakness of skeletal muscles; and

WHEREAS, Patients have banded together in The Myositis Association with the help of their doctors and health researchers to serve as a resource promoting research into the causes and treatments of Myositis, as well as providing patient support and otherwise enhancing the quality of life for those afflicted; and

WHEREAS, The Washington Myositis Group is committed to a concerted effort by The Myositis Association to recognize a national Myositis Awareness Day;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington encourage the citizens of Washington State to acknowledge Myositis Awareness Day, and to participate in helping educate the public and identifying and assisting patients of the disease.

HOUSE RESOLUTION NO. 4638 was adopted.

HOUSE RESOLUTION NO. 2003-4639, By Representatives Hunt, Romero and Simpson

WHEREAS, The mighty Black Hills Lady Wolves basketball team, the first Black Hills team to place in a 3A tournament, raced past the Issaquah Indians to snag the 3rd place state title; and

WHEREAS, Stunning the undefeated Meadowdale in an overtime upset, through speed and skill, they came from underdog status to a Tacoma Dome triumph with a 58-56 win; and

WHEREAS, Led by Coach Paul Dretsch, Assistant Coaches Bill Kallappa, Mary Vandenhazel, and Lindsey Nesbit, the Black Hills Lady Wolves closed out their season with a tremendous record of 23 wins and 5 losses; and

WHEREAS, In his 25 years of coaching girls basketball, Coach Dretsch proclaimed the Lady Wolves most outstanding as individuals and as a team; and

WHEREAS, Seniors Markisha Shattuck, Amy Kolcz, Ralina Shaw, and two-time Pacific-9 League MVP and All Tournament Team Brie Adderley, in their last game for Black Hills, left a legacy for future teams to carry on; and

WHEREAS, Team members Kyle Haag, Samantha Swanson, Babe Prante, Whitney Scott, Kristina Fugere, Ashley Hood, Jessica Winkley, and Holly Rossman will be carried into the next basketball season knowing they are champions; and

WHEREAS, Often pitted against taller teams, the team proved over and over that speed and prowess conquered height; and

WHEREAS, The Tumwater community, family, friends, and classmates are tremendously proud of their Lady Wolfpack and join together in congratulating them on their winning season;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington laud and applaud the Black Hills Lady Wolves for their victory in the 3A State Basketball Tournament; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the girls, the basketball coaching staff, and the administration at Black Hills High School.

HOUSE RESOLUTION NO. 4639 was adopted.

HOUSE RESOLUTION NO. 2003-4640, By Representatives Cooper, Sump, Berkey, Hinkle, O'Brien, Buck, Upthegrove, Pearson, Hatfield, Dunshee, Santos, McDermott, Clibborn, McIntire, Sullivan, DeBolt, Ahern, Blake, Darneille, Linville, McCoy, Rockefeller, Hunt, Haigh, Miloscia, Romero, Flannigan, Grant and Morrell

WHEREAS, The Washington State Parks Commission, as one of the state's major stewards of special state resources has, for over nine decades, protected and preserved significant natural, historical, and cultural public assets for citizens; and

WHEREAS, On March 19, 1913, Governor Ernest Lister signed into law the Washington Parks Board, which created the state parks system; and

WHEREAS, The provision of recreational and educational opportunities on these special resource lands has, through tourism, been an economic catalyst to areas of the state that benefit from this evolving economy; and

WHEREAS, The Washington State Parks Commission has partnered with thousands of volunteers, whose work has resulted in over 200,000 hours per year of volunteer time dedicated to the state parks system; and

WHEREAS, The Washington State Parks Commission employees, who work diligently in park management, operations, construction, and maintenance, are major contributors to public service and the State Parks' success story;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington celebrate the state park system's ninetieth birthday in 2003 and recognize the outstanding benefits the park system provides to the state; and

BE IT FURTHER RESOLVED, That the Washington State House of Representatives joins with the Parks and Recreation Commission in enjoying the parks system and its resources and assets during the coming ten years, and looks forward to the park system's Centennial in 2013, when it will begin its second century of service to the state of Washington.

HOUSE RESOLUTION NO. 4640 was adopted.

MESSAGES FROM THE SENATE

March 16, 2003

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5091,

SUBSTITUTE SENATE BILL NO. 5221,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5270,

SENATE BILL NO. 5284,

SUBSTITUTE SENATE BILL NO. 5310,

SUBSTITUTE SENATE BILL NO. 5360,

SENATE BILL NO. 5373,

SENATE BILL NO. 5429,

SENATE BILL NO. 5463,

SUBSTITUTE SENATE BILL NO. 5474,

SUBSTITUTE SENATE BILL NO. 5520,

SECOND SUBSTITUTE SENATE BILL NO. 5694,

SUBSTITUTE SENATE BILL NO. 5933,

SUBSTITUTE SENATE BILL NO. 5966,

SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8401,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

March 16, 2003

Mr. Speaker:

The Senate has passed SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005, and the same is herewith transmitted.

Milt H. Doumit, Secretary

March 16, 2003

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5051,

SUBSTITUTE SENATE BILL NO. 5117,

SUBSTITUTE SENATE BILL NO. 5189,

SUBSTITUTE SENATE BILL NO. 5190,

SUBSTITUTE SENATE BILL NO. 5193,

SENATE BILL NO. 5197,

SUBSTITUTE SENATE BILL NO. 5204,

SENATE BILL NO. 5273,

SUBSTITUTE SENATE BILL NO. 5351,

SENATE BILL NO. 5413,

SENATE BILL NO. 5428,

SUBSTITUTE SENATE BILL NO. 5473,

SENATE BILL NO. 5477,

ENGROSSED SENATE BILL NO. 5517,

SENATE BILL NO. 5651,

SUBSTITUTE SENATE BILL NO. 5708,

SENATE BILL NO. 5758,

SENATE BILL NO. 5782,

SENATE BILL NO. 5783,

SUBSTITUTE SENATE BILL NO. 5859,

SUBSTITUTE SENATE BILL NO. 5861,

SUBSTITUTE SENATE BILL NO. 5868,

SENATE BILL NO. 5895,

SENATE BILL NO. 5898,

SENATE BILL NO. 5970,

SENATE BILL NO. 5994,

SUBSTITUTE SENATE BILL NO. 5996,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

The Speaker assumed the chair.

MESSAGES FROM THE SENATE

March 17, 2003

Mr. Speaker:

The President has signed ENGROSSED HOUSE BILL NO. 1977, and the same is herewith transmitted.

Milt H. Doumit, Secretary

March 17, 2003

Mr. Speaker:

The President has signed SUBSTITUTE SENATE BILL NO. 5044, and the same is herewith transmitted.

Milt H. Doumit, Secretary

SIGNED BY THE SPEAKER

The Speaker signed: SUBSTITUTE SENATE BILL NO. 5044

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

SECOND READING

HOUSE BILL NO. 1838, By Representatives Dickerson, Romero, Kenney, Kagi, Moeller, Chase and Santos

Providing access to a telephonic reading service for blind or visually handicapped persons in the state of Washington.

The bill was read the second time. There being no objection, Substitute House Bill No. 1838 was substituted for House Bill No. 1838 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1838 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 Dickerson and Boldt spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1838.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1838 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.

SUBSTITUTE HOUSE BILL NO. 1838, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1841, By Representatives Kagi, Boldt, O'Brien, McIntire, Hunt, Schual-Berke, Shabro, Cooper, Linville, Pettigrew, Upthegrove, Moeller, Darneille, Miloscia, Dickerson, Clements, Armstrong, Orcutt, Fromhold, Delvin, Roach, Kenney, Haigh, Lovick, Chase, Santos and Hudgins

Creating programs to promote prevention of child abuse and neglect.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1841 was substituted for House Bill No. 1841 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1841 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 Kagi and Boldt spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 1841.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1841 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

SECOND SUBSTITUTE HOUSE BILL NO. 1841, having received the necessary constitutional majority, was declared passed.

HOUSE JOINT RESOLUTION NO. 4204, By Representatives Haigh, Armstrong, Hunter, Hunt, Tom, McDermott, Wallace, Rockefeller, Fromhold, Eickmeyer, Miloscia, Talcott, Lantz, Schual-Berke, Ruderman, Pettigrew, Wood, Upthegrove, Hudgins, Morrell, Simpson, Darneille and Chase

Amending the Constitution to provide for a simple majority of voters voting to authorize a school levy.

The joint resolution was read the second time.

With the consent of the House, amendments (053) and (059) were withdrawn.

Representative Anderson moved the adoption of amendment (043):

On page 2, line 26, after "proposition" insert "if the affirmative vote is at least equal to fifteen percent of the registered voters in the school district"

Representatives Anderson, DeBolt, Carrell, Pflug, Delvin and Anderson (again) spoke in favor of the adoption of the amendment.

Representatives Haigh and Schual-Berke spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (043) to House Joint Resolution No. 4204.

ROLL CALL

The Clerk called the roll on the adoption of amendment (043) to House Joint Resolution No. 4204, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 55, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 43.

Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 55.

Representative McMahan moved the adoption of amendment (072):

On page 2, line 26, after "proposition" insert "when the proposition is approved at a primary or general election"

Representatives McMahan, Carrell, DeBolt, McDonald, Benson, Anderson and Nixon spoke in favor of the adoption of the amendment.

Representatives Schual-Berke, Hatfield, Kagi and Haigh spoke against the adoption of the amendment.

SPEAKER'S RULING

The Speaker: "The Speaker would like to clarify the rule which requires members to confine their remarks to the question, and not to assign, impugn or impute motives. Remarks that refer to the members – whether or not they are serious – cross this line and are inappropriate."

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (072) to House Joint Resolution No. 4204.

ROLL CALL

The Clerk called the roll on the adoption of amendment (072) to House Joint Resolution No. 4204, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 54, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Miloscia, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 44.

Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 54.

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

Representatives Haigh, Schual-Berke, Kenney, Quall, Tom and Hudgins spoke in favor of passage of the joint resolution.

Representatives Carrell, Clements, Schindler, Talcott, Cox, Jarrett, Armstrong, DeBolt and Nixon spoke against the passage of the joint resolution.

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

The Speaker stated the question before the House to be the final passage of House Joint Resolution No. 4204.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Resolution No. 4204 and the resolution was adopted by the House by the following vote: Yeas - 73, Nays - 25, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Armstrong, Bailey, Berkey, Blake, Boldt, Cairnes, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Orcutt, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 73.

Voting nay: Representatives Ahern, Benson, Buck, Bush, Carrell, Chandler, Clements, Condotta, Cox, Crouse, Delvin, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, Mielke, Newhouse, Nixon, Pearson, Roach, Schindler, Schoesler, Sehlin and Sump - 25.

HOUSE JOINT RESOLUTION NO. 4204, having received the necessary constitutional two-thirds majority, was adopted.

HOUSE BILL NO. 1879, By Representatives Gombosky and Cairnes

Coordinating the state collection and administration of sales and use taxes imposed by tribal municipalities.

The bill was read the second time. There being no objection, Substitute House Bill No. 1879 was substituted for House Bill No. 1879 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1879 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 McIntire and Cairnes spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1879.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1879 and the bill passed the House by the following vote: Yeas - 80, Nays - 18, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Benson, Berkey, Blake, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Orcutt, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schual-Berke, Shabro, Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 80.

Voting nay: Representatives Armstrong, Bailey, Boldt, Buck, Condotta, Cox, Ericksen, Hinkle, Holmquist, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Pearson, Schoesler, Sehlin and Sump - 18.

SUBSTITUTE HOUSE BILL NO. 1879, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1896, By Representatives Quall, Cox, Hunter and Anderson; by request of Superintendent of Public Instruction

Adding powers and duties for the superintendent of public instruction.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1896 was substituted for House Bill No. 1896 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1896 was read the second time.

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

Representative McDermott spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 1896.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1896 and the bill passed the House by the following vote: Yeas - 74, Nays - 24, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Benson, Berkey, Blake, Cairnes, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 74.

Voting nay: Representatives Bailey, Boldt, Buck, Bush, Carrell, Chandler, Condotta, Crouse, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McMahan, Mielke, Newhouse, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin, Shabro and Sump - 24.

SECOND SUBSTITUTE HOUSE BILL NO. 1896, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1905, By Representatives Gombosky, Buck, Lantz, Tom, Pettigrew, Rockefeller, Skinner, Fromhold, Benson, Kagi, Kessler, Clibborn, Nixon, Kenney, Moeller, Conway, Hudgins, Santos and McDermott

Providing a limited property tax exemption for the use of facilities by artistic, scientific, and historical organizations.

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 McIntire and Cairnes spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 1905.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1905 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

HOUSE BILL NO. 1905, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1930, By Representatives Morris, Cairnes, Gombosky and Ericksen

Enacting procedural enhancements to the master settlement agreement.

The bill was read the second time. There being no objection, Substitute House Bill No. 1930 was substituted for House Bill No. 1930 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1930 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 McIntire and Cairnes spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1930.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1930 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

SUBSTITUTE HOUSE BILL NO. 1930, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1936, By Representatives Carrell, McCoy, O'Brien and Lovick

Enacting the tribal law enforcement officers act of 2003.

The bill was read the second time. There being no objection, Substitute House Bill No. 1936 was substituted for House Bill No. 1936 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1936 was read the second time.

Representative Darneille moved the adoption of amendment (174):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The house criminal justice and corrections committee and the senate judiciary committee shall study:

(a) The jurisdiction of tribal, state, and local law enforcement officers over tribal and nontribal persons on tribal lands; and

(b) The extension of general authority peace officer powers to tribal law enforcement officers and the effect that the extension would have on tribal and nontribal persons, including nontribal persons occupying land held in fee simple within the boundaries of tribal lands.

(2) When conducting the study under subsection (1) of this section, the house criminal justice and corrections committee and the senate judiciary committee shall consult with the following:

(a) The twenty-nine federally recognized tribes in Washington;

(b) Tribal law enforcement;

(d) Defense attorneys;

(e) Local sheriffs or police chiefs;

(f) Nontribal persons occupying land held in fee simple within the boundaries of tribal land; and

(g) Other persons with expertise in relations between the state and the tribes as the committees deem necessary.

(3) The house criminal justice and corrections committee and the senate judiciary committee shall report their findings and recommendations, including any proposed legislation, to the governor and the legislature no later than December 1, 2003.

(4) This section expires March 31, 2004."

Representatives Darneille, Carrell, O'Brien and Carrell (again) spoke in favor of the adoption of the amendment.

Representatives Sump, Sehlin and Sump (again) 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.

Representatives Carrell, McCoy, Carrell (again) and Darneille spoke in favor of passage of the bill.

Representatives Sump, Clements and Newhouse spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1936.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1936 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.

Voting yea: Representatives Berkey, Blake, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 57.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump and Woods - 41.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1936, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2004, By Representatives Hudgins, Veloria and Upthegrove

Describing the route of SR 99.

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 Hudgins and Erickson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2004.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2004 and the bill passed the House by the following vote: Yeas - 95, Nays - 3, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

Voting nay: Representatives Armstrong, Flannigan and Sommers - 3.

HOUSE BILL NO. 2004, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2012, By Representatives Fromhold, Cox, Kenney, Hunter, Quall, Moeller, Chase and Santos

Creating a special services pilot program.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2012 was substituted for House Bill No. 2012 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2012 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 Fromhold and Talcott spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 2012.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2012 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

SECOND SUBSTITUTE HOUSE BILL NO. 2012, having received the necessary constitutional majority, was declared passed.

The Speaker called upon Representative Lovick to preside.

HOUSE BILL NO. 2147, By Representatives McDermott, Upthegrove, Cox, Quall and Rockefeller

Protecting preschool and elementary school students assisting in school kitchens.

The bill was read the second time. There being no objection, Substitute House Bill No. 2147 was substituted for House Bill No. 2147 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2147 was read the second time.

With the consent of the House, amendments (136), (141) and (157) were withdrawn.

Representative McDermott moved the adoption of amendment (212):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 28A.235 RCW to read as follows:

(1) By January 12, 2004, the superintendent of public instruction, in consultation with the Washington state school directors' association, parents, representatives of food service employee groups, principals, and other interested parties, shall develop and make available to school districts a model policy for protecting children in preschool through sixth grade who assist in elementary school kitchens.

(2) By August 1, 2004, each school district shall adopt or amend a policy for protecting children in preschool through sixth grade who assist in elementary school kitchens."

Representatives McDermott and Cox spoke in favor of 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 McDermott and Cox spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2147.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2147 and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

Voting nay: Representatives Condotta and Sump - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2147, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2147.

CARY CONDOTTA, 12^th District

HOUSE BILL NO. 2036, By Representatives Buck, McCoy and Clements

Authorizing the Quileute Tribe to enter cigarette tax contracts.

The bill was read the second time. There being no objection, Substitute House Bill No. 2036 was substituted for House Bill No. 2036 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2036 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 Gombosky spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2036.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2036 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

SUBSTITUTE HOUSE BILL NO. 2036, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2040, By Representatives Santos and Benson; by request of Insurance Commissioner

Establishing liability for taxes on unlawful or delinquent insurers or taxpayers.

The bill was read the second time. There being no objection, Substitute House Bill No. 2040 was substituted for House Bill No. 2040 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2040 was read the second time.

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

Representative Santos spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2040.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2040 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

SUBSTITUTE HOUSE BILL NO. 2040, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2041, By Representatives Kenney, Boldt, Lantz, Clements, McCoy, Fromhold, Berkey, Morrell and Kagi

Clarifying the work study aspect of "work activity" under the TANF program.

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 Kenney and Boldt spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2041.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2041 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

HOUSE BILL NO. 2041, having received the necessary constitutional majority, was declared passed.

The Speaker assumed the chair.

HOUSE BILL NO. 1809, By Representatives Murray, Hankins, Grant, Mastin, McDermott, Jarrett, Linville, Upthegrove, Quall, Moeller, Tom, Kessler, Lovick, Hunter, Schual-Berke, Ruderman, Dickerson, Santos, Hudgins, Haigh, Hunt, Pettigrew, Rockefeller, Simpson, Cody and Kenney; by request of Governor Locke

Expanding the jurisdiction of the human rights commission.

The bill was read the second time. There being no objection, Substitute House Bill No. 1809 was substituted for House Bill No. 1809 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1809 was read the second time.

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

Representative Murray spoke in favor of passage of the bill.

Representative Armstrong spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1809.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1809 and the bill passed the House by the following vote: Yeas - 59, Nays - 39, Absent - 0, Excused - 0.

Voting yea: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schindler, Schual-Berke, Shabro, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 59.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Pflug, Priest, Roach, Schoesler, Sehlin, Skinner, Sump, Talcott and Woods - 39.

SUBSTITUTE HOUSE BILL NO. 1809, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on SUBSTITUTE HOUSE BILL NO. 1809.

LYNN SCHINDLER, 4^th District

The Speaker called upon Representative Lovick to preside.

HOUSE BILL NO. 2056, By Representatives Haigh, Armstrong and Miloscia

Modifying public works bidding provisions.

The bill was read the second time. There being no objection, Substitute House Bill No. 2056 was substituted for House Bill No. 2056 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2056 was read the second time.

Representative Haigh moved the adoption of amendment (246):

On page 1, line 9, after "protesting" strike "bidder," and insert "bidder"

On page 1, line 9, after "least" strike "five" and insert "two full business"

On page 1, line 12, after "minimum" strike "five-day" and insert "two-day"

On page 5, line 16, after "least" strike "five" and insert "two full business"

On page 5, line 19, after "minimum" strike "five-day" and insert "two-day"

Representatives Haigh and Armstrong 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 Haigh and Armstrong spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2056.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2056 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

Voting nay: Representative Kirby - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2072, By Representatives Hankins, Murray, Woods, Grant, Schoesler, Clements and Newhouse

Creating the Produce Railcar Pool.

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.

There being no objection, the House deferred action on HOUSE BILL NO. 2072 and it held its place on Third Reading.

HOUSE BILL NO. 2089, By Representatives McCoy, Wallace, Morrell, Kenney and Miloscia

Changing veterans' tuition waiver provisions.

The bill was read the second time. There being no objection, Substitute House Bill No. 2089 was substituted for House Bill No. 2089 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2089 was read the second time.

Representative McCoy moved the adoption of amendment (077):

On page 3, after line 3, insert

"NEW SECTION. Sec. 2. A new section is added to chapter 28B.15 R.W. to read as follows:

Institutions of higher education, as defined in R.W. 28B.10.016, shall provide an enrolled student who is called to active federal service in United States military action initiated by an executive order issued by the President of the United States, and who is unable to complete the academic term in which the student is enrolled, with the option of receiving a refund of the total tuition and fees paid by the eligible student for the applicable academic term, or of being readmitted for a comparable academic term under the following conditions:

(1) The eligible student shall be exempt from the payment of additional tuition and fees;

(2) No new course sections shall be created as a direct result of students receiving the waivers; and

(3) Enrollment information on students receiving the waivers shall be maintained separately from other enrollment information and shall not be considered in any enrollment statistics that would affect budgetary determinations."

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

Representative McCoy 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 McCoy and Condotta spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2089.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2089 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2089, having received the necessary constitutional majority, was declared passed.

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

The House immediately resumed consideration of House Bill No. 2072 on Third Reading.

THIRD READING

HOUSE BILL NO. 2072, By Representatives Hankins, Murray, Woods, Grant, Schoesler, Clements and Newhouse

Creating the Produce Railcar Pool.

Representatives Hankins and Grant spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2072.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2072 and the bill passed the House by the following vote: Yeas - 79, Nays - 19, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Armstrong, Bailey, Berkey, Blake, Buck, Campbell, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pearson, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 79.

Voting nay: Representatives Ahern, Anderson, Benson, Boldt, Bush, Cairnes, Carrell, Chandler, Cox, Crouse, Jarrett, McMahan, Mielke, Newhouse, Nixon, Orcutt, Pflug, Roach and Schindler - 19.

HOUSE BILL NO. 2072, having received the necessary constitutional majority, was declared passed.

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

SECOND READING

HOUSE BILL NO. 2140, By Representatives Grant and Linville

Reaffirming the role of the state conservation commission.

The bill was read the second time.

Representative Linville moved the adoption of amendment (213):

On page 45, line 35, after "(2)" strike "The" and insert "At the request of the legislature, the"

On page 45, line 36, strike "at least once every two years"

Representative 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 Grant and Schoesler spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2140.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2140 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

ENGROSSED HOUSE BILL NO. 2140, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2150, By Representatives Lantz, Darneille and Sehlin

Modifying the administration of civil legal services.

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 Lantz, Sehlin and Clements spoke in favor of passage of the bill.

Representative Carrell spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2150.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2150 and the bill passed the House by the following vote: Yeas - 82, Nays - 16, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Armstrong, Bailey, Berkey, Blake, Boldt, Buck, Bush, Campbell, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 82.

Voting nay: Representatives Ahern, Anderson, Benson, Cairnes, Carrell, Chandler, DeBolt, Hinkle, Holmquist, McMahan, McMorris, Newhouse, Pflug, Roach, Schindler and Skinner - 16.

HOUSE BILL NO. 2150, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2151, By Representatives Alexander, Dunshee, Sommers, Cox and Sehlin

Prioritizing proposed higher education capital projects.

The bill was read the second time. There being no objection, Substitute House Bill No. 2151 was substituted for House Bill No. 2151 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2151 was read the second time.

With the consent of the House, amendment (160) was withdrawn.

Representative Alexander moved the adoption of amendment (247):

On page 2, beginning on line 5, strike Section 2 and insert the following:

"NEW SECTION. Sec. 2. A new section is added to chapter 28B.80 RCW to read as follows:

(1) Beginning with the 2005-2007 biennial capital budget submittal, the public four-year institutions, in consultation with the council of presidents and the higher education coordinating board, shall prepare a single prioritized individual ranking of the individual projects proposed by the four-year institutions as provided in subsection (2) of this section. The public four-year institutions may aggregate minor works project requests into priority categories without separately ranking each minor project, provided that these aggregated minor works requests are ranked within the overall list. For repairs and improvements to existing facilities and systems, the rating and ranking of individual projects must be based on criteria or factors that include, but are not limited to, the age and condition of buildings or systems, the programmatic suitability of the building or system, and the activity/occupancy level supported by the building or system. For projects creating new space or capacity, the ratings and rankings of projects must be based upon criteria or factors that include, but are not limited to, measuring existing capacity and progress toward meeting increased space utilization levels as determined by the higher education coordinating board.

(2) The single prioritized four-year project list shall be approved by the governing boards of each public four-year institution and shall be submitted to the office of financial management and the higher education coordinating board concurrent with the institution's submittal of their biennial capital budget requests.

(3)(a) The higher education coordinating board, in consultation with the office of financial management and the joint legislative audit and review committee, shall develop common definitions that public four-year institutions and the state board for community and technical colleges shall use in developing their project lists under this section.

(b) As part of its duties under RCW 28B.80.330(4), the higher education coordinating board shall, as part of its biennial budget guidelines, disseminate, by December 1st of each odd-numbered year, the criteria framework, including general definitions, categories, and rating system, to be used by the public four-year institutions in the development of the prioritized four-year project list. The criteria framework shall specify the general priority order of project types based on criteria determined by the board, in consultation with the public four-year institutions.

(c) Under RCW 28B.80.330(4), the public four-year institutions shall submit a preliminary prioritized four-year project list to the higher education coordinating board by August 1st of each even-numbered year.

(d) The state board for community and technical colleges shall, as part of its biennial capital budget request, submit a single prioritized ranking of the individual projects proposed for the community and technical colleges. The state board for community and technical colleges shall submit an outline of the prioritized community and technical college project list to the higher education coordinating board under RCW 28B.80.330(4) by August 1st of each even-numbered year.

(4) The higher education coordinating board, in consultation with the public four-year institutions, shall resolve any disputes or disagreements arising among the four-year institutions concerning the ranking of particular projects. Further, should one or more governing boards of the public four-year institutions fail to approve the prioritized four-year project list as required in this section, or should a prioritized project list not be submitted by the public four-year institutions concurrent with the submittal of their respective biennial capital budget requests as provided in subsection (2) of this section, the higher education coordinating board shall prepare the prioritized four-year institution project list itself.

(5) In developing any rating and ranking of capital projects proposed by the two-year and four-year public universities and colleges, the board:

(a) Shall be provided with available information by the public two-year and four-year institutions as deemed necessary by the board;

(b) May utilize independent services to verify, sample, or evaluate information provided to the board by the two-year and four-year institutions; and

(c) Shall have full access to all data maintained by the office of financial management and the joint legislative audit and review committee concerning the condition of higher education facilities.

(5) Beginning with the 2005-2007 biennial capital budget submittal, the higher education coordinating board shall, in consultation with the state board for community and technical colleges and four-year colleges and universities, submit its capital budget recommendations and the separate two-year and four-year prioritized project lists.

NEW SECTION. Sec. 3. A new section is added to chapter 28B.80 RCW to read as follows:

"Beginning with the 2007-2009 biennial capital budget submittal, the higher education coordinating board shall, in consultation with the state board for community and technical colleges and the public four-year institutions, submit its biennial capital budget recommendations on the basis of a prioritized project ranking reflecting the integration of the two-year and four-year prioritized project lists developed under section 2 of this act along with the separate two-year and four-year prioritized lists."

Correct the title accordingly.

Representatives Alexander 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 Alexander and Dunshee spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2151.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2151 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2151, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2184, By Representatives McIntire, Cox, Dunshee, Kenney and Alexander

Providing for uniform and comprehensive facility inventory and condition data.

The bill was read the second time. There being no objection, Substitute House Bill No. 2184 was substituted for House Bill No. 2184 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2184 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 McIntire and Cox spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2184.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2184 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

SUBSTITUTE HOUSE BILL NO. 2184, having received the necessary constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4014, By Representatives Woods, Miloscia, Priest, Hankins, Shabro, Rockefeller, Sehlin, Lovick, Bailey, Holmquist, Ericksen, Tom, Schindler, Clements, Morris, Anderson, Sullivan, Dickerson, Wood, Murray, Ruderman, Kirby, Kenney, Haigh, Kagi, Schual-Berke, Linville, Moeller, Chase, Romero, Simpson, Quall, Conway, Santos, Upthegrove, Darneille, Veloria, Pearson, Alexander, Skinner and Talcott

Naming the "Maryann Mitchell Memorial Interchange."

The joint memorial was read the second time.

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

Representatives Woods, Miloscia and Priest spoke in favor of passage of the joint memorial.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Joint Memorial No. 4014.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4014 and the memorial passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

HOUSE JOINT MEMORIAL NO. 4014, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1827, By Representatives Moeller, Skinner, Fromhold, Schoesler, Romero, Sullivan, Hankins, Hunt, Morrell, Delvin, Cox, Kenney, Hinkle, Linville, Wood, Cody, Dunshee, Schual-Berke, Sehlin and Simpson

Requiring information on meningitis immunization for college students.

The bill was read the second time. There being no objection, Substitute House Bill No. 1827 was substituted for House Bill No. 1827 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1827 was read the second time.

With the consent of the House, amendments (164) and (192) were withdrawn.

Representative Moeller moved the adoption of amendment (221):

On page 1, line 14, after "treatment;" insert "and"

On page 1, line 17, after "received" strike all material beginning with "; and" through "student" on page 2, line 5

On page 2, line 6, after "shall" strike "maintain the confidentiality of information obtained on the form" and insert "place the information on the residential housing application, contract, or agreement that is received or agreed to by the student before taking possession of the residence"

Representatives Moeller and Alexander spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Pflug moved the adoption of amendment (214):

On page 1, line 15, after "(b)" strike all material beginning with "A recommendation" through "disease" on line 17 and insert "Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease"

Representatives Pflug and Moeller 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 Moeller and Skinner spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1827.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1827 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1827, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2112, By Representatives Haigh, Miloscia, Eickmeyer and Edwards

Reviewing the use of the general contractor/construction manager procedures authorized in chapter 39.10 RCW.

The bill was read the second time. There being no objection, Substitute House Bill No. 2112 was substituted for House Bill No. 2112 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2112 was read the second time.

Representative Schindler moved the adoption of amendment (191):

On page 2, beginning on line 15, strike all of section 2

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

On page 14, line 4, after "(16)" strike "RCW 39.10.--- and 2003 c ... s 2 (section 2 of this act);

(17)"

Renumber the remaining subsection consecutively.

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

Representative Haigh spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (191) to Substitute House Bill No. 2112.

ROLL CALL

The Clerk called the roll on the adoption of amendment (191) to Substitute House Bill No. 2112, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 55, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Boldt, Buck, Bush, Campbell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 43.

Voting nay: Representatives Armstrong, Berkey, Blake, Cairnes, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 55.

Representative Haigh moved the adoption of amendment (150):

On page 3, line 5, after "committee." insert "Legislative members of the oversight committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members of the oversight committee, except those representing an employer or organization, are entitled to be reimbursed in accordance with RCW 43.03.050 and RCW 43.03.060, such reimbursement to be paid jointly by the senate and the house of representatives."

Representative Haigh 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 Haigh and Armstrong spoke in favor of passage of the bill.

Representative Schindler spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2112.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2112 and the bill passed the House by the following vote: Yeas - 72, Nays - 26, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Armstrong, Bailey, Berkey, Blake, Buck, Bush, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 72.

Voting nay: Representatives Ahern, Benson, Boldt, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Roach, Schindler, Skinner, Sump and Talcott - 26.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2112, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1638, By Representatives Schual-Berke, Darneille, Conway, Hankins, McIntire, Pflug, Kenney, Kessler, Moeller, Edwards, Simpson, Morrell, Skinner, Upthegrove, Rockefeller and Wood

Concerning hepatitis C.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1638 was substituted for House Bill No. 1638 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1638 was read the second time.

With the consent of the House, amendment (199) was withdrawn.

Representative Benson moved the adoption of amendment (209):

On page 4, after line 11, insert the following:

"NEW SECTION. Sec. 4. A new section is added to chapter 50.20 RCW to read as follows:

(1) Credentialed health care professionals listed in RCW 18.130.040 shall be deemed to be dislocated workers for the purpose of commissioner approval of training under RCW 50.20.043 if they are unemployed as a result of contracting hepatitis C in the course of employment and are unable to continue to work in their profession because of a significant risk that such work would pose to other persons and that risk cannot be eliminated.

(2) For purposes of subsection (1) of this section, a health care professional who was employed on a full-time basis in their profession, shall be presumed to have contracted hepatitis C in the course of employment. This presumption may be rebutted by a preponderance of the evidence that demonstrates that the health care professional contracted hepatitis C as a result of activities or circumstances not related to employment."

Renumber the remaining sections consecutively and correct any cross-references accordingly.

Correct the title.

Representatives Benson and Schual-Berke 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 Schual-Berke and Pflug spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1638.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1638 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1638, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1204, By Representatives Fromhold, Delvin, Conway, Alexander, Pflug, Anderson, Cooper and Chase; by request of Joint Committee on Pension Policy

Creating the select committee on pension policy.

The bill was read the second time. There being no objection, Substitute House Bill No. 1204 was substituted for House Bill No. 1204 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1204 was read the second time.

With the consent of the House, amendments (116), (181), (182), (183) and (180) 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 Fromhold, Delvin and Conway spoke in favor of passage of the bill.

Representative Sehlin spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1204.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1204 and the bill passed the House by the following vote: Yeas - 74, Nays - 24, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Benson, Berkey, Blake, Boldt, Bush, Cairnes, Campbell, Carrell, Chase, Clements, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dunshee, Edwards, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Miloscia, Morrell, Morris, Murray, O'Brien, Orcutt, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Santos, Schindler, Schoesler, Schual-Berke, Shabro, Simpson, Skinner, Sommers, Sullivan, Talcott, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 74.

Voting nay: Representatives Bailey, Buck, Chandler, Clibborn, Dickerson, Eickmeyer, Ericksen, Hinkle, Holmquist, Hunt, Kristiansen, Linville, McMahan, McMorris, Mielke, Moeller, Newhouse, Nixon, Pearson, Romero, Ruderman, Sehlin, Sump and Tom - 24.

SUBSTITUTE HOUSE BILL NO. 1204, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on SUBSTITUTE HOUSE BILL NO. 1204.

JUDY CLIBBORN, 41^st District

SPEAKER'S PRIVILEGE

The Speaker (Representative Lovick presiding): "The Speaker would like to recognize that the members – and all Americans – are carrying an extra burden as we go about our business tonight. In these difficult times, our thoughts and prayers are with everyone, especially our troops and their families."

MESSAGES FROM THE SENATE

March 17, 2003

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5042,

SUBSTITUTE SENATE BILL NO. 5062,

SENATE BILL NO. 5076,

SUBSTITUTE SENATE BILL NO. 5144,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5352,

SUBSTITUTE SENATE BILL NO. 5407,

ENGROSSED SENATE BILL NO. 5450,

SUBSTITUTE SENATE BILL NO. 5457,

SENATE BILL NO. 5507,

SENATE BILL NO. 5512,

SUBSTITUTE SENATE BILL NO. 5588,

SENATE BILL NO. 5597,

SENATE BILL NO. 5665,

ENGROSSED SENATE BILL NO. 5676,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5692,

SUBSTITUTE SENATE BILL NO. 5695,

SUBSTITUTE SENATE BILL NO. 5749,

SUBSTITUTE SENATE BILL NO. 5751,

SUBSTITUTE SENATE BILL NO. 5828,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5904,

SUBSTITUTE SENATE BILL NO. 5912,

SENATE BILL NO. 5935,

ENGROSSED SENATE BILL NO. 5938,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5942,

SUBSTITUTE SENATE BILL NO. 5955,

SENATE BILL NO. 5989,

SENATE JOINT MEMORIAL NO. 8004,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

SECOND READING

HOUSE BILL NO. 1418, By Representatives Quall, Schoesler, Blake, Sump, Morris, Grant, Hatfield, Sehlin, Bailey and Linville

Exempting drainage infrastructure from certain environmental requirements.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1418 was substituted for House Bill No. 1418 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1418 was read the second time.

Representative Quall moved the adoption of amendment (216):

On page 2, line 29, after "base." insert "The legislature also declares that it is in the best interest of the state to implement the hydraulics program and fish passage laws in ways that preserve the agricultural land base, including cooperative agreements between the department of fish and wildlife and affected land owners, and that achieve mutual land owner and fish habitat goals."

On page 3, line 18, after "(b)" strike all material through "(c)" on line 22

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 3, line 22, after "projects" insert "on specified streams"

On page 4, line 20, after "installed" insert "as part of an agricultural drainage system"

On page 7, line 34, after "unless" insert "the condition is consistent with a salmon recovery plan adopted according to chapter 77.85 RCW or a plan developed according to section 12 of this act,"

On page 7, line 35, after "installation" insert ","

On page 10, line 15, after "unless" insert "the condition is consistent with a salmon recovery plan adopted according to chapter 77.85 RCW or a plan developed according to section 12 of this act,"

On page 10, line 16, after "installation" insert ","

On page 11, line 30, after "department" strike "or" and insert "and"

On page 11, line 30, after "landowner" insert "or, if applicable, an associated special taxing district under RCW 85.38.180,"

On page 16, line 18, after "removal" insert "of the self-regulating function"

On page 16, line 23, after "removal" insert "of the self-regulating function of any self-regulating tide gate"

On page 16, line 23, strike "ninety" and insert "thirty"

On page 16, line 24, strike "owner's written request" and insert "request of the owner or the associated special taxing district under RCW 85.38.180"

On page 16, beginning on line 29, strike all of subsection (1) of section 11 and insert the following:

"(1) A task force is created that shall be composed of the following thirteen members and any members identified in subsection (2) of this section who elect to participate:

(a) Two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives;

(b) Two members of the senate, one from each major caucus, appointed by the senate majority leader;

(d) Two representatives of the agricultural industry familiar with agricultural issues in Skagit county, with one appointed by an organization active in Skagit County and one appointed by a statewide organization representing the industry;

(e) Two representatives of environmental interest organizations with familiarity and expertise in agricultural activities and issues related to approvals issued under this chapter, with one appointed by a Skagit county organization and the other appointed by a statewide organization representing environmental interests;

(f) One representative of a Skagit county diking and drainage district, appointed by the individual districts in Skagit County or by an association of diking and drainage districts;

(g) One representative of the lead entity for salmon recovery in Skagit county, appointed by the lead entity;

(h) One representative of Skagit county, appointed by its legislative authority; and

(i) One representative from the office of the governor."

On page 17, line 31, strike "1(6)" and insert "1(7)"

On page 17, line 31, after "act" insert "as they relate to Skagit county"

On page 17, line 36, after "facilities" insert "in Skagit county"

On page 18, line 2, after "habitat" insert "to meet salmon recovery goals"

On page 18, line 3, after "projects" insert "on the Skagit river, the Samish river, Carpenter creek, and Colony creek"

On page 18, line 12, after "(6)" insert "The first meeting of the task force shall be held within thirty days of the effective date of this act."

On page 19, line 14, strike "lead entity" and insert "task force"

Representatives Quall 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 Quall, Sehlin, Clements, Morris and Eickmeyer spoke in favor of passage of the bill.

MOTION

On motion of Representative Santos, Representative Edwards was excused.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1418.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1418 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

Excused: Representative Edwards - 1.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1427, By Representatives Lantz, Delvin, O'Brien, Boldt, Blake, Hankins, Fromhold, Cody, Pearson, Mastin, Hunt, Roach, Moeller, Kagi, Benson, Rockefeller, McMahan and McDonald

Allowing confessions and other admissions to be admitted into evidence if substantial independent evidence establishes the trustworthiness of the statement.

The bill was read the second time.

With the consent of the House, amendment (236) was withdrawn.

Representative Darneille moved the adoption of amendment (235):

On page 1, line 9, after "crime is" insert "dead or"

On page 1, beginning on line 9, after "testify" strike all material through "testify" on line 10

On page 2, line 2, after "statement" insert ", including the elements of the offense"

On page 2, beginning on line 3, after "statement" strike all material through "The" on line 4 and insert "and the"

Reletter the remaining subsections consecutively.

Representatives Darneille and Carrell 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 Lantz and Carrell spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1427.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1427 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

Voting nay: Representative Flannigan - 1.

Excused: Representative Edwards - 1.

ENGROSSED HOUSE BILL NO. 1427, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1803, By Representatives Linville, Rockefeller, Anderson, Delvin, McDermott, McIntire, Woods and Simpson; by request of Commissioner of Public Lands

Creating the legacy trust for recreation and conservation.

The bill was read the second time. There being no objection, Substitute House Bill No. 1803 was substituted for House Bill No. 1803 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1803 was read the second time.

Representative Linville moved the adoption of amendment (200):

On page 2, line 8, after "goals." insert "One alternative for the committee to research is any options available for obtaining federal forest land located in Washington to be used as part of the Legacy Trust's land base."

Representatives Linville and Ericksen spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Linville moved the adoption of amendment (244):

On page 2, after line 25, insert the following:

"Sec. 3. RCW 79.01.612 and 1993 c 49 s 1 are each amended to read as follows:

(1) Except as provided in subsections (2) and (4) of this section, the department of natural resources shall manage and control all lands acquired by the state by escheat or under chapter 79.66 RCW and all lands acquired by the state by deed of sale or gift or by devise, except such lands which are conveyed or devised to the state to be used for a particular purpose. The department shall lease the lands in the same manner as school lands. When the department determines to sell the lands, they shall be initially offered for sale either at public auction or direct sale to public agencies as provided in this chapter. If the lands are not sold at public auction, the department may, with approval of the board of natural resources, market the lands through persons licensed under chapter 18.85 RCW or through other commercially feasible means at a price not lower than the land's appraised value and pay necessary marketing costs from the sale proceeds. Necessary marketing costs includes reasonable costs associated with advertising the property and paying commissions. The proceeds of the lease or sale of all such lands shall be deposited into the appropriate fund in the state treasury in the manner prescribed by law, except if the grantor in any such deed or the testator in case of a devise specifies that the proceeds of the sale or lease of such lands be devoted to a particular purpose such proceeds shall be so applied. The department may employ agents to rent any escheated, deeded, or devised lands, or lands acquired under chapter 79.66 RCW, for such rental and time and in such manner as the department directs, but the property shall not be rented by such agent for a longer period than one year and no tenant is entitled to compensation for any improvement which he makes on such property. The agent shall cause repairs to be made to the property as the department directs, and shall deduct the cost thereof, together with such compensation and commission as the department authorizes, from the rentals of such property and the remainder which is collected shall be transmitted monthly to the department of natural resources.

(2) When land is acquired by the state by escheat which because of its location or features may be suitable for park purposes, the department shall notify the state parks and recreation commission. The department and the commission shall jointly evaluate the land for its suitability for park purposes, based upon the features of the land and the need for park facilities in the vicinity. Where the department and commission determine that such land is suitable for park purposes, it shall be offered for transfer to the commission, or, in the event that the commission declines to accept the land, to the local jurisdiction providing park facilities in that area. When so offered, the payment required by the recipient agency shall not exceed the costs incurred by the department in managing and protecting the land since receipt by the state.

(3) The department may review lands acquired by escheat since January 1, 1983, for their suitability for park purposes, and apply the evaluation and transfer procedures authorized by subsection (2) of this section.

(4)(a) Any land that is acquired by the state between the effective date of this act and June 30, 2004, either by gift, escheat, devise, or grant, that is not conveyed for a particular purpose, may be held by the department separate from any existing land trusts.

(b) If by June 30, 2004, the legislature establishes the legacy trust pursuant to sections 1 and 2 of this act, or any other land trust designed to provide financial support for the management of public recreational access and use on state-owned lands, then any land held pursuant to this subsection shall be transferred to the new land trust and managed pursuant to legislative direction.

(c) If by June 30, 2004, the legislature does not create a new land trust, any land held pursuant to this subsection must be managed in accordance with subsections 1 and 2 of this section."

On page 2, line 26, after "Sec. 3." strike all material through "2004." and insert "Sections 1 through 3 of this act expires on July 1, 2004."

Correct the title and renumber the sections accordingly.

Representative 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 Linville and Ericksen spoke in favor of passage of the bill.

Representative Chandler spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1803.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1803 and the bill passed the House by the following vote: Yeas - 75, Nays - 22, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Anderson, Bailey, Benson, Berkey, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 75.

Voting nay: Representatives Alexander, Armstrong, Blake, Boldt, Buck, Chandler, Clements, Condotta, DeBolt, Hatfield, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Skinner and Sump - 22.

Excused: Representative Edwards - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1803, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1754, By Representatives Eickmeyer, Schoesler, Sump, Hunt, Grant, Pettigrew, Haigh, McDermott, Blake, Quall, Rockefeller and Romero

Concerning the slaughter, preparation, and sale of certain poultry.

The bill was read the second time. There being no objection, Substitute House Bill No. 1754 was substituted for House Bill No. 1754 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1754 was read the second time.

Representative Linville moved the adoption of amendment (250):

Beginning on page 2, line 6, strike all of section 3 and insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 69.07 RCW to read as follows:

(1) A special, temporary permit issued by the department under this section is required for the slaughter and preparation of one thousand or fewer pastured poultry animals in a calendar year by the agricultural producer of the poultry for the sale of the whole raw poultry by the producer directly to the ultimate consumer at the producer's farm, and for such sale. Such activities shall not be conducted without the permit. However, if the activities are conducted under such a permit, the activities are exempted from any other licensing requirements of this chapter.

(2)(a) The department must adopt by rule requirements for a special, temporary permit for the activities described in subsection (1) of this section. The requirements must be generally patterned after those established by WAC 246-215-190 as it exists on the effective date of this section for temporary food service establishments, but must be tailored specifically to these slaughter, preparation, and sale activities. The requirements must include, but are not limited to, those for: Cooling procedures, when applicable; sanitary facilities, equipment, and utensils; clean water; washing and other hygienic practices; and waste and wastewater disposal.

(b) The rules must also identify the length of time such a permit is valid. In determining the length of time, the department must take care to ensure that it is adequate to accommodate the seasonal nature of the permitted activities. In adopting any rule under this section, the department must also carefully consider the economic constraints on the regulated activity.

(3) The department shall conduct such inspections of the activities permitted under this section as are reasonably necessary to ensure compliance with permit requirements.

(4) The fee for a special permit issued under this section is seventy-five dollars."

Correct the title.

Representative 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 Eickmeyer, Kristiansen, Hunt and Clements spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1754.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1754 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

Excused: Representative Edwards - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1754, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2018, By Representatives Cody, Morrell, Santos, Darneille and Edwards

Concerning eligibility requirements for the Washington state health insurance pool.

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 Cody and Schual-Berke spoke in favor of passage of the bill.

Representatives Pflug and Anderson spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2018.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2018 and the bill passed the House by the following vote: Yeas - 52, Nays - 45, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 52.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Morris, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 45.

Excused: Representative Edwards - 1.

HOUSE BILL NO. 2018, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2019, By Representatives Cody, Morrell, Edwards, Santos and Dickerson

Revising provisions for nonsubsidized basic health plan coverage.

The bill was read the second time. There being no objection, Substitute House Bill No. 2019 was substituted for House Bill No. 2019 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2019 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 Cody, Schual-Berke and Cody (again) spoke in favor of passage of the bill.

Representatives Pflug, Alexander, Ahern and Pflug (again) spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2019.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2019 and the bill passed the House by the following vote: Yeas - 52, Nays - 45, Absent - 0, Excused - 1.

Excused: Representative Edwards - 1.

SUBSTITUTE HOUSE BILL NO. 2019, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2033, By Representatives Shabro, Conway, Priest, McDonald, Tom, Darneille, McMahan, Flannigan, Carrell, Campbell, Lantz, Talcott, Roach, Bailey, Kirby and Kristiansen

Requiring regional transportation investment district tax revenue to be allocated proportionally among member counties.

The bill was read the second time. There being no objection, Substitute House Bill No. 2033 was substituted for House Bill No. 2033 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2033 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 Shabro and Simpson spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2033.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2033 and the bill passed the House by the following vote: Yeas - 90, Nays - 7, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Holmquist, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 90.

Voting nay: Representatives Armstrong, Blake, Condotta, Delvin, Hatfield, Hinkle and Hudgins - 7.

Excused: Representative Edwards - 1.

SUBSTITUTE HOUSE BILL NO. 2033, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2065, By Representatives Simpson and Edwards

Facilitating license plate technology advances.

The bill was read the second time.

With the consent of the House, amendment (234) was withdrawn.

Representative Ericksen moved the adoption of amendment (196):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.16.230 and 1992 c 7 s 41 are each amended to read as follows:

(1) The director shall furnish to all persons making satisfactory application for vehicle license as provided by law, two identical vehicle license number plates each containing the vehicle license number to be displayed on such vehicle as by law required: PROVIDED, That if the vehicle to be licensed is a trailer, semitrailer or motorcycle only one vehicle license number plate shall be issued for each thereof. The number and plate shall be of such size and color and shall contain such symbols indicative of the registration period for which the same is issued and of the state of Washington, as shall be determined and prescribed by the director. Any vehicle license number plate or plates issued to a dealer shall contain thereon a sufficient and satisfactory indication that such plates have been issued to a dealer in vehicles.

(2) All vehicle license number plates ((may be obtained by the director from the metal working plant of a state correctional facility or from any source in accordance with existing state of Washington purchasing procedures.)) issued by the department after the effective date of this act must be flat, digitally printed license plates, and the department shall contract with a private vendor located in Washington state, or with the department of corrections, for the manufacturing of the plates. The digitally printed license plates may include bar codes to facilitate distribution and inventory control. This system must be in place and operational by January 1, 2004, and must be used to produce all license plates issued by the department by no later than June 1, 2004.

(3) State agencies responding to the department's request for proposal to contract out the manufacturing of the digitally printed license plates shall make allowances in their proposals to reflect all taxes and current labor rates applicable to private sector businesses.

(4) Notwithstanding the foregoing provisions of this section, the director may, in his discretion and under such rules and regulations as he may prescribe, adopt a type of vehicle license number plates whereby the same shall be used as long as legible on the vehicle for which issued, with provision for tabs or emblems to be attached thereto or elsewhere on the vehicle to signify renewals, in which event the term "vehicle license number plate" as used in any enactment shall be deemed to include in addition to such plate the tab or emblem signifying renewal except when such plate contains the designation of the current year without reference to any tab or emblem. Renewals shall be effected by the issuance and display of such tab or emblem.

Sec. 2. RCW 46.16.233 and 2000 c 37 s 1 are each amended to read as follows:

(1) Except for those license plates issued under RCW 46.16.305(1) before January 1, 1987, under RCW 46.16.305(3), and to commercial vehicles with a gross weight in excess of twenty-six thousand pounds, effective with vehicle registrations due or to become due on January 1, 2001, the appearance of the background of all vehicle license plates may vary in color and design but must be ((issued on a standard background)) legible and clearly identifiable as a Washington state license plate, as designated by the department.

(2) Additionally, to ensure maximum legibility and reflectivity, the department shall periodically provide for the replacement of license plates, except for commercial vehicles with a gross weight in excess of twenty-six thousand pounds. Frequency of replacement shall be established in accordance with empirical studies documenting the longevity of the reflective materials used to make license plates.

(3) In providing for the periodic replacement of license plates, the department shall offer the vehicle's owner the option of retaining the current license plate number. The department shall charge a retention fee of twenty dollars if this option is exercised. Revenue generated from the retention fee must be deposited into the multimodal transportation account.

NEW SECTION. Sec. 3. A new section is added to chapter 46.16 RCW to read as follows:

A one dollar technology surcharge is imposed on the retention fee provided for in RCW 46.16.233(3), and is also assessed on all special license plates issued under this chapter. The surcharge remains in effect until December 31, 2005, at which time this section expires. Revenues generated by the technology surcharge must be deposited into the temporary technology enhancement account created under section 4 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 46.16 RCW to read as follows:

The temporary technology enhancement account is created in the state treasury. All receipts collected under section 3 of this act must be deposited into this account. Expenditures from this account must support license plate technology and systems integration upgrades. Moneys in the account may be spent only after appropriation. This section expires December 31, 2005. Any funds remaining in this account after the expiration date must be deposited into the multimodal transportation account.

NEW SECTION. Sec. 5. A new section is added to chapter 46.16 RCW to read as follows:

The department shall offer license plate design services to organizations that are sponsoring a new special license plate series or are seeking to redesign the appearance of an existing special license plate series that they sponsored. In providing this service, the department must work with the requesting organization in determining the specific qualities of the new plate design and must provide full design services to the organization. The department shall collect from the requesting organization a fee of one thousand five hundred dollars for providing license plate design services. This fee includes one original license plate design and up to five additional renditions of the original design. If the organization requests the department to provide further renditions in addition to the five renditions provided under the original fee, the department shall collect an additional fee of five hundred dollars per rendition. All revenue collected under this section must be deposited into the temporary technology enhancement account created under section 4 of this act until such time as the financing necessary to implement a digital license plate system has been paid in full, or until such time as the temporary technology enhancement account expires. After the financing has been paid in full, or upon the expiration of the temporary technology enhancement account, the revenue collected under this section must be deposited into the public safety and education account for the purpose of providing funding for the crime victims compensation program established under chapter 7.68 RCW.

NEW SECTION. Sec. 6. This act takes effect January 1, 2004."

Correct the title.

Representatives Ericksen spoke in favor of the adoption of the amendment.

Representative Simpson spoke against the adoption of the amendment.

The amendment was not adopted.

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

Representatives Simpson spoke in favor of passage of the bill.

Representative Ericksen spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2065.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2065 and the bill passed the House by the following vote: Yeas - 52, Nays - 45, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 52.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Jarrett, Kirby, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 45.

Excused: Representative Edwards - 1.

HOUSE BILL NO. 2065, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2146, By Representatives Tom, Sullivan and Eickmeyer

Providing tax incentives for wood biomass fuel production, distribution, and sale.

The bill was read the second time.

Representative Tom moved the adoption of amendment (223):

Beginning on page 11, line 29, strike all of sections 13 and 14 and insert the following:

"NEW SECTION. Sec. 13. A new section is added to chapter 82.08 RCW to read as follows:

(1) The tax levied by RCW 82.08.020 does not apply to sales of machinery and equipment, or to services rendered in respect to constructing structures, installing, constructing, repairing, cleaning, decorating, altering, or improving of structures or machinery and equipment, or to sales of tangible personal property that becomes an ingredient or component of structures or machinery and equipment, if the machinery, equipment, or structure is used directly for the retail sale of a wood biomass fuel blend. Structures and machinery and equipment that are used for the retail sale of a wood biomass fuel blend and for other purposes are exempt only on the portion used directly for the retail sale of a wood biomass fuel blend.

(2) The tax levied by RCW 82.08.020 does not apply to sales of fuel delivery vehicles or to sales of or charges made for labor and services rendered in respect to installing, repairing, cleaning, altering, or improving the vehicles including repair parts and replacement parts if at least seventy-five percent of the fuel distributed by the vehicles is a wood biomass fuel blend.

(3) A person taking the exemption under this section must keep records necessary for the department to verify eligibility under this section. The exemption is available only when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The seller shall retain a copy of the certificate for the seller's files.

(4) For the purposes of this section, the definitions in section 1 of this act and this subsection apply.

(a) "Wood biomass fuel blend" means fuel that contains at least twenty percent wood biomass fuel by volume.

(b) "Machinery and equipment" means industrial fixtures, devices, and support facilities and tangible personal property that becomes an ingredient or component thereof, including repair parts and replacement parts that are integral and necessary for the delivery of a wood biomass fuel blend into the fuel tank of a motor vehicle.

(5) This section expires July 1, 2009.

NEW SECTION. Sec. 14. A new section is added to chapter 82.12 RCW to read as follows:

(1) The provisions of this chapter do not apply in respect to the use of machinery and equipment, or to services rendered in respect to installing, repairing, cleaning, altering, or improving of eligible machinery and equipment, or tangible personal property that becomes an ingredient or component of machinery and equipment used directly for the retail sale of a wood biomass fuel blend.

(2) The provisions of this chapter do not apply in respect to the use of fuel delivery vehicles including repair parts and replacement parts and to services rendered in respect to installing, repairing, cleaning, altering, or improving the vehicles if at least seventy-five percent of the fuel distributed by the vehicles is a wood biomass fuel blend.

(3) For the purposes of this section, the definitions in section 13 of this act apply.

(4) This section expires July 1, 2009."

Representatives Tom, Sullivan and DeBolt 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 Tom, Armstrong, Talcott, Jarrett, Eickmeyer, Hunter, Benson, Morris and Orcutt spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2146.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2146 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

Voting nay: Representative Delvin - 1.

Excused: Representative Edwards - 1.

ENGROSSED HOUSE BILL NO. 2146, having received the necessary constitutional majority, was declared passed.

POINT OF PERSONAL PRIVILEGE

Representative DeBolt congratulated Representative Tom on the passage of his first bill through the House, and asked the Chamber to acknowledge his accomplishment.

HOUSE BILL NO. 2195, By Representatives McDermott, Talcott, Quall, Tom and Haigh

Regarding state assessment standards.

The bill was read the second time. There being no objection, Substitute House Bill No. 2195 was substituted for House Bill No. 2195 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2195 was read the second time.

Representative Quall moved the adoption of amendment (215):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) By December 1, 2003, the superintendent of public instruction, after consultation with parents, teachers, principals, and other interested parties, shall report to the governor, the state board of education, and the house of representatives and senate education committees with one or more recommendations on the design, administration, scoring, and reporting of assessments for social studies, the arts, and health and fitness.

(2) By May 1, 2004, the superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on:

(a) The review, prioritization, and identification of the essential academic learning requirements and grade level content expectations; and

(b) Subject to available funding, the results of independent research on the alignment and technical review of the reading, writing, and science content areas of the Washington assessment of student learning for fourth and seventh grades and for high school. The review shall be comparable to the research conducted on the mathematics assessments.

(3) By November 30, 2004, the superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on the feasibility of returning the results of the Washington assessment of student learning, including individual student performance information, to schools, teachers, and parents in the same school year in which the assessment is administered.

(4) By November 30, 2006, subject to available funding, the academic achievement and accountability commission shall report to the governor, the superintendent of public instruction, the state board of education, and the house of representatives and senate education committees on the results of its review of the cut scores needed to meet all grade level content standards on the Washington assessment of student learning. In its report, the commission shall include a schedule for the regular review and adjustment of the cut scores.

Sec. 2. RCW 28A.655.070 and 1999 c 388 s 501 are each amended to read as follows:

(1) The superintendent of public instruction shall identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the academic achievement and accountability commission.

(2) The superintendent of public instruction shall:

(a) Periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements; and

(b) Review and prioritize the essential academic learning requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on the Washington assessment of student learning and used for state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number of grade level content expectations assessed at each grade level. Grade level content expectations shall be articulated over the grades as a sequence of expectations and performances that are logical, build with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline.

(3) In consultation with the academic achievement and accountability commission, the superintendent of public instruction shall maintain and continue to develop and revise a statewide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance- based measures.

(4) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.

(a) By September 2006, the results for reading and mathematics shall be reported in a format that will allow parents and teachers to determine the academic gain a student has acquired in those content areas from one school year to the next; and

(b) In order to assist parents and teachers in their efforts to provide educational support to individual students, including students seeking a certificate of academic proficiency, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system's item bank. The superintendent shall also provide to school districts information on classroom-based and other assessments that may provide additional achievement information for individual students.

(5) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.

(6) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.

(7) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.

(8) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.

(9) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.

Sec. 3. RCW 28A.655.090 and 1999 c 388 s 301 are each amended to read as follows:

(1) By September 10, 1998, and by September 10th each year thereafter, the superintendent of public instruction shall report to schools, school districts, and the legislature on the results of the Washington assessment of student learning and state-mandated norm- referenced standardized tests. By 2005, the superintendent shall report the results only of those students whose enrollment in the district is continuous and uninterrupted from October 1st through the testing period, to the extent that the reporting period is permitted by federal law.

(2) The reports shall include the assessment results by school and school district, and include changes over time. For the Washington assessment of student learning, results shall be reported as follows:

(a) The percentage of students meeting the standards;

(b) The percentage of students performing at each level of the assessment; and

(c) A learning improvement index that shows changes in student performance within the different levels of student learning reported on the Washington assessment of student learning.

(3) The reports shall contain data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, dropout rates, attendance, percent of students in special education, and student mobility so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics.

(4) The reports shall contain student scores on mandated tests by comparable Washington schools of similar characteristics.

(5) The reports shall contain information on public school choice options available to students, including vocational education.

(6) The reports shall be posted on the superintendent of public instruction's internet web site.

(7) To protect the privacy of students, the results of schools and districts that test fewer than ten students in a grade level shall not be reported. In addition, in order to ensure that results are reported accurately, the superintendent of public instruction shall maintain the confidentiality of statewide data files until the superintendent determines that the data are complete and accurate.

(8) The superintendent of public instruction shall monitor the percentage and number of special education and limited English- proficient students exempted from taking the assessments by schools and school districts to ensure the exemptions are in compliance with exemption guidelines."

Correct the title.

Representatives Quall and Talcott 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 McDermott, Talcott and Quall spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2195.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2195 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

Excused: Representative Edwards - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2195, having received the necessary constitutional majority, was declared passed.

MESSAGE FROM THE SENATE

March 17, 2003

Mr. Speaker:

The Senate has passed:

SECOND SUBSTITUTE SENATE BILL NO. 5024,

ENGROSSED SENATE BILL NO. 5073,

SECOND SUBSTITUTE SENATE BILL NO. 5074,

SUBSTITUTE SENATE BILL NO. 5145,

SUBSTITUTE SENATE BILL NO. 5550,

SUBSTITUTE SENATE BILL NO. 5674,

SUBSTITUTE SENATE BILL NO. 5797,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

There being no objection, the House suspended Rule 13c.

SECOND READING

HOUSE BILL NO. 1769, By Representatives Romero, Cooper, Dunshee, Linville and Edwards; by request of Governor Locke

Establishing a schedule of time limits under which local governments must develop or amend shoreline master plans.

The bill was read the second time. There being no objection, Substitute House Bill No. 1769 was substituted for House Bill No. 1769 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1769 was read the second time.

With the consent of the House, amendments (153), (154), (155), (245), and (252) were withdrawn.

Representative Schindler moved the adoption of amendment (152):

On page 1, line 11, after "department" insert "and approved by the legislature"

On page 3, after line 6, insert the following:

"(7) The requirement for local governments to develop or amend master programs according to this section shall be effective after the guidelines adopted by the department have been approved by the legislature."

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

Representative Romero spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Romero moved the adoption of amendment (256):

On page 1, after line 4, insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that the shoreline management act and the shoreline master program guidelines implementing the policy of the shoreline management act are vital to the protection and preservation of Washington’s shorelines. The legislature recognizes that in November 2000, the department of ecology comprehensively updated the guidelines for the first time since 1972. The legislature also recognizes that these guidelines were challenged and subsequently invalidated by the shoreline hearings board. The legislature finds that the mediation occurring among a wide range of parties resulted in an agreement for development of new shoreline master program guidelines for the state.

(2) The legislature recognizes that the process of developing and amending shoreline master programs requires substantial effort and coordination by local governments. To assist local governments in completing this process, the legislature intends to establish a staggered schedule for cities and counties to develop and amend master programs consistent with existing timelines for reviews and amendments of comprehensive plans and development regulations. The legislature also recognizes that several local governments have volunteered to comply with the provisions of this act before the newly established schedule and intends to reflect this in the schedule that is established by RCW 90.58.080.

(3) The legislature also intends to provide reasonable and adequate funding for grants to local governments to accomplish the task of reviewing and revising their shoreline master programs. If the legislature in the future does not provide funding in any one biennium sufficient for reasonable and adequate grant funds, the legislature acknowledges that this may result in delaying the compliance date until the following biennium.

Sec. 2. RCW 90.58.060 and 1995 c 347 s 304 are each amended to read as follows:

(1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:

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

(b) Development of master programs for regulation of the uses of shorelines of statewide significance.

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

(a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from the date the proposal has been published in the register.

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

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

(3) The department may ((propose)) adopt amendments to the guidelines not more than once each year. Such amendments shall be limited to: (a) addressing technical or procedural issues that result from the review and adoption of master programs under the guidelines; or (b) issues of guideline compliance with statutory provisions. ((At least once every five years)) Beginning July 1, 2015, and every seven years thereafter, the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection (2) of this section."

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

On page 1, line 12, after "(2)" strike all material through "so" on page 3, line 6, and insert the following:

"(a) Subject to the provisions of subsections (5) and (6) of this section, each local government subject to this chapter shall develop or amend its master program for the regulation of uses of shorelines within its jurisdiction according to the following schedule:

(i) On or before December 1, 2005, for the city of Tacoma, the city of Port Townsend, the city of Bellingham, the city of Everett, and Whatcom county; and

(ii) On or before December 1, 2009, for King county and the cities within King county greater in population than ten thousand;

(iii) Except as provided by (i) and (ii) of this subsection, on or before December 1, 2011, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;

(iv) On or before December 1, 2012, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;

(v) On or before December 1, 2013, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and

(vi) On or before December 1, 2014, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.

(b) Nothing in this subsection shall preclude a local government from developing or amending its master program prior to the dates established by this subsection (2).

(3)(a) Following approval by the department of a new or amended master program, local governments required to develop or amend master programs on or before December 1, 2009, as provided by subsections (2)(a)(i) and (ii) of this section, shall be deemed to have complied with the schedule established by subsection (2)(a)(iii) of this section and shall not be required to complete master program amendments until seven years after the applicable dates established by subsection (2)(a)(iii) of this section. Any jurisdiction listed in subsection (2)(a)(i) of this section that has a new or amended master program approved by the department on or after March 1, 2002, but before the effective date of this section, shall not be required to complete master program amendments until seven years after the applicable date provided by subsection (2)(a)(iii) of this section.

(b) Following approval by the department of a new or amended master program, local governments choosing to develop or amend master programs on or before December 1, 2009, shall be deemed to have complied with the schedule established by subsections (2)(a)(iii) through (vi) of this section and shall not be required to complete master program amendments until seven years after the applicable dates established by subsections (2)(a)(iii) through (vi) of this section.

(4) Local governments shall conduct a comprehensive review of their master programs at least once every seven years after the applicable dates established by subsections (2)(a)(iii) through (vi) of this section. Following the review required by this subsection (4), local governments shall, as necessary, revise their master programs. The purpose of the review and revision is:

(a) To assure that the master program complies with applicable law and guidelines in effect at the time of the review; and

(b) To assure consistency of the master program with the local government's comprehensive plan and development regulations adopted under chapter RCW 36.70A RCW, if applicable, and other local requirements.

(5) Local governments are encouraged to begin the process of developing or amending their master programs early and are eligible for grants from the department as provided by RCW 90.58.250, subject to available funding. Except for those local governments listed in subsections (2)(a)(i) and (ii) of this section, the deadline for completion of the new or amended master programs shall be two years after the date the grant is approved by the department. Subsequent master program review dates shall not be altered by the provisions of this subsection.

(6)(a) Grants to local governments for developing and amending master programs pursuant to the schedule established by this section shall be provided at least two years before the adoption dates specified in subsection (2) of this section. To the extent possible, the department shall allocate grants within the amount appropriated for such purposes to provide reasonable and adequate funding to local governments that have indicated their intent to develop or amend master programs during the biennium according to the schedule established by subsection (2) of this section. Any local government that applies for but does not receive funding to comply with the provisions of subsection (2) of this section may delay the development or amendment of its master program until the following biennium.

(b) Local governments with delayed compliance dates as provided in subsection (6)(a) of this section shall be the first priority for funding in subsequent biennia, and the development or amendment compliance deadline for those local governments shall be two years after the date of grant approval.

(c) Failure of the local government to apply in a timely manner for a master program development or amendment grant in accordance with the requirements of the department shall not be considered a delay resulting from the provisions of subsection (6)(a) of this section.

(7) Notwithstanding the provisions of this section, all local governments subject to the requirements of this chapter that have not developed or amended master programs on or after March 1, 2002, shall, no later than December 1, 2014, develop or amend their master programs to comply with guidelines adopted by the department after January 1, 2003"

On page 3, at the beginning of line 9, insert the following:

"(1) The legislature intends to eliminate the limits on state funding of shoreline master program development and amendment costs. The legislature further intends that the state will provide funding to local governments that is reasonable and adequate to accomplish the costs of developing and amending shoreline master programs consistent with the schedule established by section 2 of this act. Except as specifically described herein, nothing in this act is intended to alter the existing obligation, duties, and benefits provided by the act to local governments and the department.

(2)"

On page 3, line 12, after "programs" insert "and the provisions of section 2 (7) of this act"

Representative Schindler moved the adoption of amendment (273) to amendment (256):

On page 1, line 14 of the amendment, after "agreement" insert "among the parties who participated in the mediation"

On page 3, beginning on line 8 of the amendment, after "years" strike all material through "section."" on line 11 of the amendment and insert "the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection (2) of this section.))""

On page 4, beginning on line 29 of the amendment, after "section" strike all material through "section" on line 32 of the amendment

Beginning on page 4, line 33 of the amendment, strike all of subsection (4)

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 6, beginning on line 1 of the amendment, strike all of subsection (7)

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

Representative Romero spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

Representatives Romero and Kirby spoke in favor of the adoption of amendment (256).

Representative Schindler spoke against the adoption of amendment (256).

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Romero, Clibborn and Linville spoke in favor of passage of the bill.

Representatives Mielke, Schindler, Ericksen and Mastin spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1769.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1769 and the bill passed the House by the following vote: Yeas - 60, Nays - 37, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Buck, Cairnes, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Shabro, Simpson, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 60.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Bush, Campbell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Pflug, Roach, Schindler, Sehlin, Skinner, Sump and Woods - 37.

Excused: Representative Edwards - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1769, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1933, By Representatives Berkey, Kessler, Cairnes, Buck, Sullivan, Orcutt, Hatfield, Jarrett, Miloscia, Gombosky, Grant, DeBolt, Quall, Woods, Schoesler, Conway, Lovick, Clibborn, Edwards, Schindler, McCoy, Eickmeyer and Alexander

Modifying shoreline and growth management provisions.

The bill was read the second time. There being no objection, Substitute House Bill No. 1933 was substituted for House Bill No. 1933 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1933 was read the second time.

Representative Schindler moved the adoption of amendment (249):

On page 2, after line 9, insert the following:

"Sec. 2. RCW 90.58.020 and 1995 c 347 s 301 are each amended to read as follows:

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

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

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

(1) Recognize and protect the statewide interest over local interest;

(2) Preserve the natural character of the shoreline;

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

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

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

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

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

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

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

Sec. 3. RCW 36.70A.480 and 1995 c 347 s 104 are each amended to read as follows:

(1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020. This addition shall not be interpreted to create a priority among the listed goals in RCW 36.70A.020. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations.

(2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the goals, policies, and procedures set forth in this chapter for the adoption of a comprehensive plan or development regulations.

(3) As long as a shoreline master program has been approved by the department of ecology, a growth management hearings board reviewing a comprehensive plan or development regulation under RCW 36.70A.280 shall determine that the master program complies with the requirements of this chapter.

(4) Shorelines of the state may contain critical areas as defined in RCW 36.70A.030(5), but shall not be designated as critical areas under RCW 36.70A.170 based on their being either shorelines of the state or shorelines of statewide significance.

Sec. 4. RCW 36.70A.280 and 1996 c 325 s 2 are each amended to read as follows:

(1) A growth management hearings board shall hear and determine only those petitions alleging either:

(a) That a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, ((chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto,)) or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 ((or chapter 90.58 RCW)); or

(b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.

(2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.

(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.

(4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.

The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.

If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

(5) So long as a shoreline master program has been approved by the department of ecology, a growth management hearings board reviewing a comprehensive plan or development regulation under this section shall determine that the master program complies with the requirements of this chapter.

NEW SECTION. Sec. 5. This act shall apply to all shoreline master programs or amendments to shoreline master programs adopted after January 1, 2001."

Correct the title.

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

Representative Berkey spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Berkey moved the adoption of amendment (242):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that the final decision and order in Everett Shorelines Coalition v. City of Everett and Washington State Department Of Ecology, Case No. 02-3-0009c, issued on January 9, 2003, by the central Puget Sound growth management hearings board was a case of first impression interpreting the addition of the shoreline management act into the growth management act, and that the board considered the appeal and issued its final order and decision without the benefit of shorelines guidelines to provide guidance on the implementation of the shoreline management act and the adoption of shoreline master programs. The legislature further finds that the department of ecology has proposed the adoption of new shoreline guidelines to provide guidance to state agencies and local governments in the implementation of the shoreline management act.

(2) This act is intended to affirm the legislature's intent that:

(a) The shoreline management act be read, interpreted, applied, and implemented as a whole consistent with decisions of the shoreline hearings board and Washington courts prior to the decision of the central Puget Sound growth management hearings board in Everett Shorelines Coalition v. City of Everett and Washington State Department of Ecology;

(b) The goals of the growth management act, including the goals and policies of the shoreline management act, set forth in RCW 36.70A.020 and included in RCW 36.70A.020 by RCW 36.70A.480, continue to be listed without an order of priority; and

(c) Shorelines of statewide significance may include critical areas as defined by RCW 36.70A.030(5), but that shorelines of statewide significance are not critical areas simply because they are shorelines of statewide significance.

(3) The legislature intends that upon adoption of revised shorelines guidelines after January 1, 2003, critical areas within the jurisdiction of the shoreline management act shall be governed by the shoreline management act and that critical areas outside the jurisdiction of the shoreline management act shall be governed by the growth management act. The legislature further intends that the quality of information currently required by the shoreline management act to be applied to the protection of critical areas within shorelines of the state shall not be limited or changed by the provisions of the growth management act.

Sec. 2. RCW 90.58.030 and 2002 c 230 s 2 are each amended to read as follows:

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

(1) Administration:

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

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

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

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

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

(2) Geographical:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) "Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology. Any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom. Shorelands shall also include any additional lands necessary for buffers required by shoreline master programs for critical areas within shorelines of the state;

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

(h) "Wetlands" means areas 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 to mitigate the conversion of wetlands.

(3) Procedural terms:

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

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

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

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

(e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds five thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection (3)(e) must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. The following shall not be considered substantial developments for the purpose of this chapter:

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

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

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

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

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

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

(vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences. This exception applies if either: (A) In salt waters, the fair market value of the dock does not exceed two thousand five hundred dollars; or (B) in fresh waters, the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter;

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

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

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

(xi) Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if:

(A) The activity does not interfere with the normal public use of the surface waters;

(B) The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;

(C) The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;

(D) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and

(E) The activity is not subject to the permit requirements of RCW 90.58.550;

(xii) The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department jointly with other state agencies under chapter 43.21C RCW.

Sec. 3. RCW 90.58.090 and 1997 c 429 s 50 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

(3) The department shall approve the segment of a master program relating to shorelines unless it determines that the submitted segments are not consistent with the policy of RCW 90.58.020 and the applicable guidelines.

(4) The department shall approve the segment of a master program relating to critical areas as defined by RCW 36.70A.030(5) provided the master program segment is consistent with shoreline guidelines revised and adopted after January 1, 2003, and if that segment provides a level of protection of critical areas at least equal to that provided by the local government's critical areas ordinances adopted and thereafter amended pursuant to RCW 36.70A.060(2).

(5) The department shall approve those segments of the master program relating to shorelines of statewide significance only after determining the program provides the optimum implementation of the policy of this chapter to satisfy the statewide interest. If the department does not approve a segment of a local government master program relating to a shoreline of statewide significance, the department may develop and by rule adopt an alternative to the local government's proposal.

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

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

(((6))) (7) A master program or amendment to a master program takes effect when and in such form as approved or adopted by the department. Shoreline master programs that were adopted by the department prior to July 22, 1995, in accordance with the provisions of this section then in effect, shall be deemed approved by the department in accordance with the provisions of this section that became effective on that date. The department shall maintain a record of each master program, the action taken on any proposal for adoption or amendment of the master program, and any appeal of the department's action. The department's approved document of record constitutes the official master program.

Sec. 4. RCW 90.58.190 and 1995 c 347 s 311 are each amended to read as follows:

(1) The appeal of the department's decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(((4))) (5) is governed by RCW 34.05.510 through 34.05.598.

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

(b) If the appeal to the growth management hearings board concerns shorelines, the growth management hearings board shall review the proposed master program or amendment solely for compliance with the requirements of this chapter ((and chapter 36.70A RCW)), the policy of RCW 90.58.020 and the applicable guidelines, the internal consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105, and chapter 43.21C RCW as it relates to the adoption of master programs and amendments under chapter 90.58 RCW.

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

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

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

(3)(a) The department's decision to approve, reject, or modify a proposed master program or master program amendment by a local government not planning under RCW 36.70A.040 shall be appealed to the shorelines hearings board by filing a petition within thirty days of the date of the department's written notice to the local government of the department's decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2).

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

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

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

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

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

Sec. 5. RCW 36.70A.480 and 1995 c 347 s 104 are each amended to read as follows:

(1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020 without creating an order of priority among the fourteen goals. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations.

(3) The policies, goals, and provisions of chapter 90.58 RCW and applicable guidelines shall be the sole basis for determining compliance of a shoreline master program with this chapter except as the shoreline master program is required to comply with the internal consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105.

(a) As of the date the department of ecology approves a local government's shoreline master program adopted under revised shoreline guidelines effective after January 1, 2003, the protection of critical areas as defined by RCW 36.70A.030(5) within shorelines of the state, including adjacent buffer zones, shall be accomplished only through the local government's shoreline master program and shall not be subject to the procedural and substantive requirements of this chapter.

(b) Critical areas within shorelines of the state that have been identified as meeting the definition of critical areas as defined by RCW 36.70A.030(5), and that are subject to a shoreline master program adopted under revised shoreline guidelines adopted after January 1, 2003, shall not be subject to the procedural and substantive requirements of this chapter, provided nothing in this act is intended to change the applicability of the provisions of this chapter to agricultural activities as defined by RCW 90.58.065.

(c) The provisions of RCW 36.70A.172 shall not apply to the adoption or subsequent amendment of a local government's shoreline master program and shall not be used to determine compliance of a local government's shoreline master program with chapter 90.58 RCW and applicable guidelines. Nothing in this section, however, is intended to limit or change the quality of information to be applied in protecting critical areas within shorelines of the state, as required by chapter 90.58 RCW and applicable guidelines.

(4) Shoreline master programs shall provide a level of protection to critical areas located within shorelines of the state that is at least equal to the level of protection provided to critical areas by the local government's critical area ordinances adopted and thereafter amended pursuant to RCW 36.70A.060(2).

(5) Shorelines of the state shall not be considered critical areas under this chapter except to the extent that specific areas located within shorelines of the state qualify for critical area designation based on the definition of critical areas provided by RCW 36.70A.030(5) and have been designated as such by a local government pursuant to RCW 36.70A.060(2)."

On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "amending RCW 90.58.030, 90.58.090, 90.58.190, and 36.70A.480; and creating a new section."

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

Representative Schindler 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.

Representatives Berkey, Jarrett, Sullivan and Eickmeyer spoke in favor of passage of the bill.

Representatives Schindler, Mastin and Sump spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1933.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1933 and the bill passed the House by the following vote: Yeas - 66, Nays - 31, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pearson, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Simpson, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 66.

Voting nay: Representatives Ahern, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Chandler, Clements, Condotta, Cox, Crouse, Delvin, Hatfield, Hinkle, Holmquist, Mastin, McCoy, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pflug, Roach, Schindler, Sehlin, Shabro, Skinner and Sump - 31.

Excused: Representative Edwards - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1933, having received the necessary constitutional majority, was declared passed.

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

There being no objection, the Rules Committee was relieved of the following bills which were placed on the Second Reading calendar:

HOUSE BILL NO. 1037,

HOUSE BILL NO. 1068,

HOUSE BILL NO. 1085,

HOUSE BILL NO. 1274,

HOUSE BILL NO. 1320,

HOUSE BILL NO. 1477,

HOUSE BILL NO. 1578,

HOUSE BILL NO. 1581,

HOUSE BILL NO. 1695,

HOUSE BILL NO. 1735,

HOUSE BILL NO. 1741,

HOUSE BILL NO. 1796,

HOUSE BILL NO. 1844,

HOUSE BILL NO. 1878,

HOUSE BILL NO. 1904,

HOUSE BILL NO. 2014,

HOUSE BILL NO. 2052,

HOUSE BILL NO. 2086,

There being no objection, the House adjourned until 10:00 a.m., March 18, 2003, the 65^th Day of the Regular Session.

FRANK CHOPP, SPEAKER CYNTHIA ZEHNDER, CHIEF CLERK