WHEREAS, The security staff of the Washington State Senate performs a very important job in protecting Senators, staffers, interns, pages, and guests to our Capitol Campus; and

      WHEREAS, The outstanding work performed by the Senate Security Staff has long been appreciated by the Senators as well as those who work in or visit the Senate; and

      WHEREAS, That appreciation was increased considerably following the September 11, 2001, terrorist attacks and the subsequent increase in national security efforts that has filtered down to the state level; and

      WHEREAS, During this period of heightened national and state security concerns, the Senate Security Staff has done a superb job of meeting challenges relating to these greater concerns, allowing members and staff to feel safe, secure, and comfortable; and

      WHEREAS, The Senate Security Staff has also handled the additional and unique challenge of protecting members and staff while the Senate Chamber and caucus rooms are temporarily located in the Joel Pritchard Building due to the renovation of the Legislative Building; and

      WHEREAS, Our security staff is looked upon by members and staff as trusted and valued members of the Senate family;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Senate Sergeant at Arms Denny Lewis and every member of the Senate Security Staff for their outstanding work in making the Senate a safe place to do the people's business.

      Senators Brandland, Thibaudeau, Eide, Hargrove, Tim Sheldon, Jacobsen and Oke spoke to Senate Resolution 8679.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced the members of the Senate Security Staff, who were standing in the back of the Chamber.

MOTION

      On motion of Senator Sheahan, the Senate reverted to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      On motion of Senator Deccio, Gubernatorial Appointment No. 9142, Jerry Farley, as a member of the Board of Trustees for the State School for the Blind, was confirmed.

APPOINTMENT OF JERRY FARLEY

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Absent: Senators Finkbeiner and McCaslin - 2.

MOTION

      On motion of Senator Eide, Senator Fairley was excused.

MOTION

      On motion of Senator Hewitt, Senator McCaslin was excused.

MOTION

      On motion of Senator Benton, Gubernatorial Appointment No. 9042, Helen Howell, as the Director of the Department of Financial Institutions, was confirmed.

      Senators Benton and Prentice spoke to the confirmation of Helen Howell as Director of the Department of Financial Institutions.

APPOINTMENT OF HELEN HOWELL

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Fairley and McCaslin - 2.

MOTION

      On motion of Senator Sheahan, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5545 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 70.58.107 and 1997 c 223 s 1 are each amended to read as follows:

       The department of health shall charge a fee of ((thirteen)) seventeen dollars for certified copies of records and for copies or information provided for research, statistical, or administrative purposes, and eight dollars for a search of the files or records when no copy is made. The department shall prescribe by regulation fees to be paid for preparing sealed files and for opening sealed files.

       No fee may be demanded or required for furnishing certified copies of a birth, death, fetal death, marriage, divorce, annulment, or legal separation record for use in connection with a claim for compensation or pension pending before the veterans administration.

       The department shall keep a true and correct account of all fees received and turn the fees over to the state treasurer on a weekly basis.

       Local registrars shall charge the same fees as the state as hereinabove provided and as prescribed by department regulation((, except that local registrars shall charge thirteen dollars for the first copy of a death certificate and eight dollars for each additional copy of the same death certificate when the additional copies are ordered at the same time as the first copy)) except in cases where payment is made by credit card, charge card, debit card, smart card, stored value card, federal wire, automatic clearinghouse system, or other electronic communication. Payment by these electronic methods may be subject to an additional fee consistent with the requirements established by RCW 36.29.190. All such fees collected, except for ((five)) seven dollars of each fee collected for the issuance of ((a certified copy)) birth certificates and first copies of death certificates and fourteen dollars of each fee collected for additional copies of the same death certificate ordered at the same time as the first copy, shall be paid to the jurisdictional health department.

       All local registrars in cities and counties shall keep a true and correct account of all fees received under this section for the issuance of certified copies and shall turn ((five)) seven dollars of the fees collected for birth certificates and first copies of death certificates and fourteen dollars of the fee collected for additional copies of death certificates over to the state treasurer on or before the first day of January, April, July, and October. All but five dollars of the fees turned over to the state treasurer by local registrars shall be paid to the department of health for the purpose of developing and maintaining the state vital records systems, including a web-based electronic death registration system.

       Five dollars of each fee imposed for the issuance of certified copies, except for copies suitable for display issued under RCW 70.58.085, at both the state and local levels shall be held by the state treasurer in the death investigations' account established by RCW 43.79.445.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Esser, the Senate concurred in the House amendment to Substitute Senate Bill No. 5545.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5545, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5545, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

     Absent: Senators Brown, Deccio and Hargrove - 3.

     Excused: Senators Fairley and McCaslin - 2.

      SUBSTITUTE SENATE BILL NO. 5545, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the tile of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 5783 with the following amendment(s):

       On page 48, line 19, strike "301 through 305,"

       On page 48, line 20, after "2004." insert "Sections 301 through 305 of this act take effect January 1, 2004."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Finkbeiner, the Senate concurred in the House amendments to Senate Bill No. 5783.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5783, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5783, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Voting nay: Senator Johnson - 1.

     Excused: Senator Fairley - 1.

      SENATE BILL NO. 5783, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The House has passed ENGROSSED SENATE BILL NO. 5991 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 71.09.300 and 2001 2nd sp.s. c 12 s 216 are each amended to read as follows:

       (((1))) Secure community transition facilities shall meet the following minimum staffing requirements:

       (1)(a) At any time the census of a facility that accepts its first resident before July 1, 2003, is six or fewer residents, the facility shall maintain a minimum staffing ratio of one staff per three residents during normal waking hours and one awake staff per four residents during normal sleeping hours. In no case shall the staffing ratio permit less than two staff per housing unit.

       (b) At any time the census of a facility that accepts its first resident on or after July 1, 2003, is six or fewer residents, the facility shall maintain a minimum staffing ratio of one staff per resident during normal waking hours and two awake staff per three residents during normal sleeping hours. In no case shall the staffing ratio permit less than two staff per housing unit.

       (((b))) (2) At any time the census of a facility is six or fewer residents, all staff shall be classified as residential rehabilitation counselor II or have a classification that indicates ((a)) an equivalent or higher level of skill, experience, and training.

       (((c))) (3) Before being assigned to a facility, all staff shall have training in sex offender issues, self-defense, and crisis de- escalation skills in addition to departmental orientation and, as appropriate, management training. All staff with resident treatment or care duties must participate in ongoing in-service training.

       (((d))) (4) All staff must pass a departmental background check and the check is not subject to the limitations in chapter 9.96A RCW. A person who has been convicted of a felony, or any sex offense, may not be employed at the secure community transition facility or be approved as an escort for a resident of the facility.

       (((2) With respect to the facility established pursuant to RCW 71.09.250(1), the department shall, no later than December 1, 2001, provide a staffing plan to the appropriate committees of the legislature that will cover the growth of that facility to its full capacity.))

       Sec. 2. RCW 71.09.020 and 2002 c 68 s 4 and 2002 c 58 s 2 are each reenacted and amended to read as follows:

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

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

       (2) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health maintenance organization, federally approved renal dialysis center or facility, or federally approved blood bank.

       (3) "Health care practitioner" means an individual or firm licensed or certified to engage actively in a regulated health profession.

       (4) "Health care services" means those services provided by health professionals licensed pursuant to RCW 18.120.020(4).

       (5) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4).

       (6) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092.

       (7) "Likely to engage in predatory acts of sexual violence if not confined in a secure facility" means that the person more probably than not will engage in such acts if released unconditionally from detention on the sexually violent predator petition. Such likelihood must be evidenced by a recent overt act if the person is not totally confined at the time the petition is filed under RCW 71.09.030.

       (8) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

       (9) "Predatory" means acts directed towards: (a) Strangers; (b) individuals with whom a relationship has been established or promoted for the primary purpose of victimization; or (c) persons of casual acquaintance with whom no substantial personal relationship exists.

       (10) "Recent overt act" means any act or threat that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm in the mind of an objective person who knows of the history and mental condition of the person engaging in the act.

       (11) "Risk potential activity" or "risk potential facility" means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: Public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, and others identified by the department following the hearings on a potential site required in RCW 71.09.315. For purposes of this chapter, "school bus stops" does not include bus stops established primarily for public transit.

       (12) "Secretary" means the secretary of social and health services or the secretary's designee.

       (13) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter that includes security measures sufficient to protect the community. Such facilities include total confinement facilities, secure community transition facilities, and any residence used as a court-ordered placement under RCW 71.09.096.

       (14) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the ((facilities)) facility established pursuant to RCW 71.09.250(1)(a)(i) and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.

       (15) "Sexually violent offense" means an act committed on, before, or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; (b) a felony offense in effect at any time prior to July 1, 1990, that is comparable to a sexually violent offense as defined in (a) of this subsection, or any federal or out-of-state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this subsection; (c) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (a), (b), or (c) of this subsection.

       (16) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

       (17) "Total confinement facility" means a secure facility that provides supervision and sex offender treatment services in a total confinement setting. Total confinement facilities include the special commitment center and any similar facility designated as a ((secure)) total confinement facility by the secretary.

       Sec. 3. RCW 71.09.250 and 2001 2nd sp.s. c 12 s 201 are each amended to read as follows:

       (1)(a) The secretary is authorized to site, construct, occupy, and operate (i) a secure community transition facility on McNeil Island for persons authorized to petition for a less restrictive alternative under RCW 71.09.090(1) and who are conditionally released; and (ii) a special commitment center on McNeil Island with up to four hundred four beds as a total confinement facility under this chapter, subject to appropriated funding for those purposes. The secure community transition facility shall be authorized for the number of beds needed to ensure compliance with the orders of the superior courts under this chapter and the federal district court for the western district of Washington. The total number of beds in the secure community transition facility shall be limited to twenty-four, consisting of up to fifteen transitional beds ((shall be limited to fifteen)) and up to nine pretransitional beds. The residents occupying ((these)) the transitional beds shall be the only residents eligible for transitional services occurring in Pierce county. In no event shall more than fifteen residents of the secure community transition facility be participating in off-island transitional, educational, or employment activity at the same time in Pierce county. The department shall provide the Pierce county sheriff, or his or her designee, with a list of the fifteen residents so designated, along with their photographs and physical descriptions, and ((it)) the list shall be immediately updated whenever a residential change occurs. The Pierce county sheriff, or his or her designee, shall be provided an opportunity to confirm the residential status of each resident leaving McNeil Island.

       (b) For purposes of this subsection, "transitional beds" means beds only for residents ((in halfway house status)) who are judged by a qualified expert to be suitable to leave the island for treatment, education, and employment.

       (2)(a) The secretary is authorized to site, either within the secure community transition facility established pursuant to subsection (1)(a)(i) of this section, or within the special commitment center, up to nine pretransitional beds.

       (b) Residents assigned to pretransitional beds shall not be permitted to leave McNeil Island for education, employment, treatment, or community activities in Pierce county.

       (c) For purposes of this subsection, "pretransitional beds" means beds for residents whose progress toward a less secure residential environment and transition into more complete community involvement is projected to take substantially longer than a typical resident of the special commitment center.

       (3) Notwithstanding RCW 36.70A.103 or any other law, this statute preempts and supersedes local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the secretary to site, construct, occupy, and operate a secure community transition facility on McNeil Island and a total confinement facility on McNeil Island.

       (4) To the greatest extent possible, until June 30, 2003, persons who were not civilly committed from the county in which the secure community transition facility established pursuant to subsection (1) of this section is located may not be conditionally released to a setting in that same county less restrictive than that facility.

       (5) As of June 26, 2001, the state shall immediately cease any efforts in effect on such date to site secure community transition facilities, other than the facility authorized by subsection (1) of this section, and shall instead site such facilities in accordance with the provisions of this section.

       (6) The department must:

       (a) Identify the minimum and maximum number of secure community transition facility beds in addition to the facility established under subsection (1) of this section that may be necessary for the period of May 2004 through May 2007 and provide notice of these numbers to all counties by August 31, 2001; and

       (b) ((In consultation with the joint select committee established in section 225, chapter 12, Laws of 2001 2nd sp. sess.,)) Develop and publish policy guidelines for the siting and operation of secure community transition facilities ((by October 1, 2001; and

       (c) Provide a status report to the appropriate committees of the legislature by December 1, 2002, on the development of facilities under the incentive program established in RCW 71.09.255. The report shall include a projection of the anticipated number of secure community transition facility beds that will become operational between May 2004 and May 2007. If it appears that an insufficient number of beds will be operational, the department's report shall recommend a progression of methods to facilitate siting in counties and cities including, if necessary, preemption of local land use planning process and other laws)).

       (7)(a) The total number of secure community transition facility beds that may be required to be sited in a county between June 26, 2001, and June 30, 2008, may be no greater than the total number of persons civilly committed from that county, or detained at the special commitment center under a pending civil commitment petition from that county where a finding of probable cause had been made on April 1, 2001. The total number of secure community transition facility beds required to be sited in each county between July 1, 2008, and June 30, 2015, may be no greater than the total number of persons civilly committed from that county or detained at the special commitment center under a pending civil commitment petition from that county where a finding of probable cause had been made as of July 1, 2008.

       (b) Counties and cities that provide secure community transition facility beds above the maximum number that they could be required to site under this subsection are eligible for a bonus grant under the incentive provisions in RCW 71.09.255. The county where the special commitment center is located shall receive this bonus grant for the number of beds in the facility established in subsection (1) of this section in excess of the maximum number established by this subsection.

       (c) No secure community transition facilities in addition to the one established in subsection (1) of this section may be required to be sited in the county where the special commitment center is located until after June 30, 2008, provided however, that the county and its cities may elect to site additional secure community transition facilities and shall be eligible under the incentive provisions of RCW 71.09.255 for any additional facilities meeting the requirements of that section.

       (8) In identifying potential sites within a county for the location of a secure community transition facility, the department shall work with and assist local governments to provide for the equitable distribution of such facilities. In coordinating and deciding upon the siting of secure community transition facilities, great weight shall be given by the county and cities within the county to:

       (a) The number and location of existing residential facility beds operated by the department of corrections or the mental health division of the department of social and health services in each jurisdiction in the county; and

       (b) The number of registered sex offenders classified as level II or level III and the number of sex offenders registered as homeless residing in each jurisdiction in the county.

       (9)(a) "Equitable distribution" means siting or locating secure community transition facilities in a manner that will not cause a disproportionate grouping of similar facilities either in any one county, or in any one jurisdiction or community within a county, as relevant; and

       (b) "Jurisdiction" means a city, town, or geographic area of a county in which ((district)) distinct political or judicial authority may be exercised.

       Sec. 4. RCW 71.09.275 and 2001 2nd sp.s. c 12 s 211 are each amended to read as follows:

       (1) ((By August 1, 2001, the department must provide the appropriate committees of the legislature with a transportation plan to address the issues of coordinating the movement of residents of the secure community transition facility established pursuant to RCW 71.09.250(1) between McNeil Island and the mainland with the movement of others who must use the same docks or equipment within the funds appropriated for this purpose.

       (2))) If the department does not provide a separate vessel for transporting residents of the secure community transition facility established in RCW 71.09.250(1) between McNeil Island and the mainland, the ((plan)) department shall ((include at least the following components)):

       (a) ((The)) Separate residents ((shall be separated)) from minors and vulnerable adults, except vulnerable adults who have been found to be sexually violent predators.

       (b) ((The)) Not transport residents ((shall not be transported)) during times when children are normally coming to and from the mainland for school.

       (((3))) (2) The department shall designate a separate waiting area at the points of debarkation, and residents shall be required to remain in this area while awaiting transportation.

       (((4))) (3) The department shall provide law enforcement agencies in the counties and cities in which residents of the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i) regularly participate in employment, education, or social services, or through which these persons are regularly transported, with a copy of the court's order of conditional release with respect to these persons.

       Sec. 5. RCW 71.09.290 and 2001 2nd sp.s. c 12 s 214 are each amended to read as follows:

       The secretary shall establish policy guidelines for the siting of secure community transition facilities, other than the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i), which shall include at least the following minimum requirements:

       (1) The following criteria must be considered prior to any real property being listed for consideration for the location of or use as a secure community transition facility:

       (a) The proximity and response time criteria established under RCW 71.09.285;

       (b) The site or building is available for lease for the anticipated use period or for purchase;

       (c) Security monitoring services and appropriate back-up systems are available and reliable;

       (d) Appropriate mental health and sex offender treatment providers must be available within a reasonable commute; and

       (e) Appropriate permitting for a secure community transition facility must be possible under the zoning code of the local jurisdiction.

       (2) For sites which meet the criteria of subsection (1) of this section, the department shall analyze and compare the criteria in subsections (3) through (5) of this section using the method established in RCW 71.09.285.

       (3) Public safety and security criteria shall include at least the following:

       (a) Whether limited visibility between the facility and adjacent properties can be achieved prior to placement of any person;

       (b) The distance from, and number of, risk potential activities and facilities, as measured using the ((rules)) policies adopted under RCW 71.09.285;

       (c) The existence of or ability to establish barriers between the site and the risk potential facilities and activities;

       (d) Suitability of the buildings to be used for the secure community transition facility with regard to existing or feasibly modified features; and

       (e) The availability of electronic monitoring that allows a resident's location to be determined with specificity.

       (4) Site characteristics criteria shall include at least the following:

       (a) Reasonableness of rental, lease, or sale terms including length and renewability of a lease or rental agreement;

       (b) Traffic and access patterns associated with the real property;

       (c) Feasibility of complying with zoning requirements within the necessary time frame; and

       (d) A contractor or contractors are available to install, monitor, and repair the necessary security and alarm systems.

       (5) Program characteristics criteria shall include at least the following:

       (a) Reasonable proximity to available medical, mental health, sex offender, and chemical dependency treatment providers and facilities;

       (b) Suitability of the location for programming, staffing, and support considerations;

       (c) Proximity to employment, educational, vocational, and other treatment plan components.

       (6) For purposes of this section "available" or "availability" of qualified treatment providers includes provider qualifications and willingness to provide services, average commute time, and cost of services.

       NEW SECTION. Sec. 6. A new section is added to chapter 71.09 RCW to read as follows:

       The emergency response team for McNeil Island shall plan, coordinate, and respond in the event of an escape from the special commitment center or the secure community transition facility.

       NEW SECTION. Sec. 7. RCW 71.09.270 (Transition facility--Law enforcement presence) and 2001 2nd sp.s. c 12 s 210 are each repealed.

       NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Stevens, the Senate concurred in the House amendment to Engrossed Senate Bill No. 5991.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5991, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5991, as amended by the House, and the bill passed te Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Esser, Fairley, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West and Zarelli - 39.

     Voting nay: Senators Doumit, Eide, Franklin, Jacobsen, Kastama, Keiser, Rasmussen, Roach, Thibaudeau, and Winsley - 10.

      ENGROSSED SENATE BILL NO. 5991, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

April 9, 2003

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 5266 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) There is created a legislative task force to study and make recommendations regarding geoduck management and harvest rules. The task force is composed of the following members:

       (a) Two members of the house of representatives appointed by the speaker of the house of representatives to include one member from each of the two largest political caucuses;

       (b) Two members of the senate appointed by the president of the senate to include one member from each of the two largest political caucuses;

       (c) The chair of the house of representatives' fisheries, ecology and parks committee and the chair of the house of representatives' agriculture and natural resources committee; and

       (d) The chair of the senate parks, fish, and wildlife committee and the senate natural resources, energy, and water committee.

       (2) The task force must elect a chair and agree upon procedures for conducting the business of the task force. The task force may establish an advisory committee of stakeholders including but not limited to representatives from treaty Indian tribes, the aquaculture industry, geoduck divers, private shoreline property owners, the department of fish and wildlife, the department of natural resources, the department of health, the department of agriculture, local government, or other affected stakeholders. Staff support for the task force must be provided by the house of representatives' office of program research and senate committee services.

       NEW SECTION. Sec. 2. By December 1, 2003, the task force established in section 1 of this act must report to the legislature with recommendations concerning the following issues:

       (1) Improvements for the coordinated management of the geoduck resource;

       (2) The costs and benefits of implementing a limited entry geoduck diver license;

       (3) Improvements for compliance and enforcement with geoduck harvest rules on state and nonstate-owned lands;

       (4) Improvements to state rules for geoduck harvesting; and

       (5) The state's potential role in aquaculture and reseeding of geoduck clams.

       NEW SECTION. Sec. 3. This act expires January 1, 2004."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Morton, the Senate refuses to concur in the House amendment to Senate Bill No. 5266 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5178 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 44.04 RCW to read as follows:

       The legislative international trade account is created in the custody of the state treasurer. All moneys received by the president of the senate and the secretary of state from gifts, grants, and endowments for international trade hosting, international relations, and international missions activities must be deposited in the account. Only private, nonpublic gifts, grants, and endowments may be deposited in the account. A person, as defined in RCW 42.52.010, may not donate, gift, grant, or endow more than five thousand dollars per calendar year to the legislative international trade account. Expenditures from the account may be used only for the purposes of international trade hosting, international relations, and international trade mission activities, excluding travel and lodging, in which the president and members of the senate, members of the house of representatives, and the secretary of state participate in an official capacity. An appropriation is not required for expenditures. All requests by individual legislators for use of funds from this account must be first approved by the secretary of the senate for members of the senate or the chief clerk of the house of representatives for members of the house of representatives. All expenditures from the account shall be authorized by the final signed approval of the chief clerk of the house of representatives, the secretary of the senate, and the president of the senate.

       NEW SECTION. Sec. 2. A new section is added to chapter 42.52 RCW to read as follows:

       (1) When soliciting charitable gifts, grants, or donations solely for the legislative international trade account created in section 1 of this act, the president of the senate is presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.140.

       (2) When soliciting charitable gifts, grants, or donations solely for the legislative international trade account created in section 1 of this act, state officers and state employees are presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.140.

       (3) An annual report of the legislative international trade account activities, including a list of receipts and expenditures, shall be published by the president of the senate and submitted to the house of representatives and the senate and be a public record for the purposes of RCW 42.17.260.

       Sec. 3. RCW 42.52.150 and 1998 c 7 s 2 are each amended to read as follows:

       (1) No state officer or state employee may accept gifts, other than those specified in subsections (2) and (5) of this section, with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars. For purposes of this section, "single source" means any person, as defined in RCW 42.52.010, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under RCW 42.52.010. The value of gifts given to an officer's or employee's family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.

       (2) Except as provided in subsection (4) of this section, the following items are presumed not to influence under RCW 42.52.140, and may be accepted without regard to the limit established by subsection (1) of this section:

       (a) Unsolicited flowers, plants, and floral arrangements;

       (b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;

       (c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;

       (d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;

       (e) Informational material, publications, or subscriptions related to the recipient's performance of official duties;

       (f) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;

       (g) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for deposit in the legislative international trade account created in section 1 of this act;

       (h) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and

       (((h))) (i) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature.

       (3) The presumption in subsection (2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.

       (4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency or of an agency that seeks to acquire goods or services who participates in those regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the following items from a person regulated by the agency or from a person who seeks to provide goods or services to the agency:

       (a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;

       (b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;

       (c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;

       (d) Informational material, publications, or subscriptions related to the recipient's performance of official duties;

       (e) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;

       (f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and

       (g) Those items excluded from the definition of gift in RCW 42.52.010 except:

       (i) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;

       (ii) Payments for seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and

       (iii) Flowers, plants, and floral arrangements.

       (5) A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in chapter 42.17 RCW."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Honeyford, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5178.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5178, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5178, as amended by the House, and the bill passed te Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Absent: Senator Finkbeiner - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5178, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Honeyford, Senator Deccio was excused.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      Under suspension of the rules, ENGROSSED SENATE BILL NO. 5073 was returned to second reading for purpose of an amendment and passed the House with the following amendment(s):

       On page 2, line 31, after "act" insert "or to water-related revenues of a public utility district organized according to Title 54 RCW"

       On page 5, line 23, after "activity." insert "The revenue proposal shall include provisions to ensure that persons or parcels within the watershed plan area will not be taxed or assessed by more than one public agency for a specific watershed management plan project, program, or activity.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Fraser, the Senate concurred in the House amendments to Engrossed Senate Bill No. 5073.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5073, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5073, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Absent: Senator Franklin - 1.

     Excused: Senator Deccio - 1.

      ENGROSSED SENATE BILL NO. 5073, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTIONS

      On motion of Senator Eide, Senator Hargrove was excused.

      On motion of Senator Hewitt, Senator Honeyford was excused.

MESSAGE FROM THE HOUSE

April 22, 2003

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1788 and asks the Senate to recede therefrom., and the same are herewith transmitted.

                                                                                                                                                                  CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Roach, the Senate receded from its amendments(s) to Substitute House Bill No. 1788.

MOTIONS

      On motion of Senator Roach, the rules were suspended and Substitute House Bill No. 1788 was returned to second reading and read the second time.

       Senator Roach moved that the following striking amendment by Senators Roach and Kastama be adopted, under suspension of the rules:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 39.10 RCW to read as follows:

       (1) Public bodies may use a job order contract for public works projects when:

       (a) A public body has made a determination that the use of job order contracts will benefit the public by providing an effective means of reducing the total lead-time and cost for public works projects or repair required at public facilities through the use of unit price books and work orders by eliminating time-consuming, costly aspects of the traditional public works process, which require separate contracting actions for each small project;

       (b) The work order to be issued for a particular project does not exceed two hundred thousand dollars;

       (c) Less than twenty percent of the dollar value of the work order consists of items of work not contained in the unit price book; and

       (d) At least eighty percent of the job order contract must be subcontracted to entities other than the job order contractor.

       (2) Public bodies shall award job order contracts through a competitive process utilizing public requests for proposals. Public bodies shall make an effort to solicit proposals from a certified minority or certified woman-owned contractor to the extent permitted by the Washington state civil rights act, RCW 49.60.400. The public body shall publish, at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public works will be done, a request for proposals for job order contracts and the availability and location of the request for proposal documents. The public body shall ensure that the request for proposal documents at a minimum includes:

       (a) A detailed description of the scope of the job order contract including performance, technical requirements and specifications, functional and operational elements, minimum and maximum work order amounts, duration of the contract, and options to extend the job order contract;

       (b) The reasons for using job order contracts;

       (c) A description of the qualifications required of the proposer;

       (d) The identity of the specific unit price book to be used;

       (e) The minimum contracted amount committed to the selected job order contractor;

       (f) A description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors. The public body shall ensure that evaluation factors include, but are not limited to, proposal price and the ability of the proposer to perform the job order contract. In evaluating the ability of the proposer to perform the job order contract, the public body may consider: The ability of the professional personnel who will work on the job order contract; past performance on similar contracts; ability to meet time and budget requirements; ability to provide a performance and payment bond for the job order contract; recent, current, and projected work loads of the proposer; location; and the concept of the proposal;

       (g) The form of the contract to be awarded;

       (h) The method for pricing renewals of or extensions to the job order contract;

       (i) A notice that the proposals are subject to the provisions of RCW 39.10.100; and

       (j) Other information relevant to the project.

       (3) A public body shall establish a committee to evaluate the proposals. After the committee has selected the most qualified finalists, the finalists shall submit final proposals, including sealed bids based upon the identified unit price book. Such bids may be in the form of coefficient markups from listed price book costs. The public body shall award the contract to the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of factors published in the public request for proposals.

       (4) The public body shall provide a protest period of at least ten business days following the day of the announcement of the apparent successful proposal to allow a protester to file a detailed statement of the grounds of the protest. The public body shall promptly make a determination on the merits of the protest and provide to all proposers a written decision of denial or acceptance of the protest. The public body shall not execute the contract until two business days following the public body's decision on the protest.

       (5) The public body shall issue no work orders until it has approved, in consultation with the office of minority and women's business enterprises or the equivalent local agency, a plan prepared by the job order contractor that equitably spreads certified women and minority business enterprise subcontracting opportunities, to the extent permitted by the Washington state civil rights act, RCW 49.60.400, among the various subcontract disciplines.

       (6) Job order contracts may be executed for an initial contract term of not to exceed two years, with the option of extending or renewing the job order contract for one year. All extensions or renewals must be priced as provided in the request for proposals. The extension or renewal must be mutually agreed to by the public body and the job order contractor.

       (7) The maximum total dollar amount that may be awarded under a job order contract shall not exceed three million dollars in the first year of the job order contract, five million dollars over the first two years of the job order contract, and, if extended or renewed, eight million dollars over the three years of the job order contract.

       (8) For each job order contract, public bodies shall not issue more than two work orders equal to or greater than one hundred fifty thousand dollars in a twelve-month contract performance period.

       (9) All work orders issued for the same project shall be treated as a single work order for purposes of the one hundred fifty thousand dollar limit on work orders in subsection (8) of this section and the two hundred thousand dollar limit on work orders in subsection (1)(b) of this section.

       (10) Any new permanent, enclosed building space constructed under a work order shall not exceed two thousand gross square feet.

       (11) Each public body may have no more than two job order contracts in effect at any one time.

       (12) For purposes of chapters 39.08, 39.12, 39.76, and 60.28 RCW, each work order issued shall be treated as a separate contract. The alternate filing provisions of RCW 39.12.040(2) shall apply to each work order that otherwise meets the eligibility requirements of RCW 39.12.040(2).

       (13) The requirements of RCW 39.30.060 do not apply to requests for proposals for job order contracts.

       (14) Job order contractors shall pay prevailing wages for all work that would otherwise be subject to the requirements of chapter 39.12 RCW. Prevailing wages for all work performed pursuant to each work order must be the rates in effect at the time the individual work order is issued.

       (15) If, in the initial contract term, the public body, at no fault of the job order contractor, fails to issue the minimum amount of work orders stated in the public request for proposals, the public body shall pay the contractor an amount equal to the difference between the minimum work order amount and the actual total of the work orders issued multiplied by an appropriate percentage for overhead and profit contained in the general conditions for Washington state facility construction. This will be the contractor's sole remedy.

       (16) All job order contracts awarded under this section must be executed before July 1, 2007, however the job order contract may be extended or renewed as provided for in this section.

       (17) For purposes of this section, "public body" includes any school district.

       Sec. 2. RCW 39.10.020 and 2001 c 328 s 1 are each amended to read as follows:

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

       (1) "Alternative public works contracting procedure" means the design-build and the general contractor/construction manager contracting procedures authorized in RCW 39.10.051 and 39.10.061, respectively.

       (2) "Public body" means the state department of general administration; the University of Washington; Washington State University; every city with a population greater than seventy thousand and any public authority chartered by such city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4); every county with a population greater than four hundred fifty thousand; every port district with total revenues greater than fifteen million dollars per year; every public utility district with revenues from energy sales greater than twenty-three million dollars per year; and those school districts proposing projects that are considered and approved by the school district project review board under RCW 39.10.115.

       (3) "Public works project" means any work for a public body within the definition of the term public work in RCW 39.04.010.

       (4) "Job order contract" means a contract between a public body or any school district and a registered or licensed contractor in which the contractor agrees to a fixed period, indefinite quantity delivery order contract which provides for the use of negotiated, definitive work orders for public works as defined in RCW 39.04.010.

       (5) "Job order contractor" means a registered or licensed contractor awarded a job order contract.

       (6) "Unit price book" means a book containing specific prices, based on generally accepted industry standards and information, where available, for various items of work to be performed by the job order contractor. The prices may include: All the costs of materials; labor; equipment; overhead, including bonding costs; and profit for performing the items of work. The unit prices for labor must be at the rates in effect at the time the individual work order is issued.

       (7) "Work order" means an order issued for a definite scope of work to be performed pursuant to a job order contract.

       Sec. 3. RCW 39.10.067 and 2002 c 46 s 3 are each amended to read as follows:

       In addition to the projects authorized in RCW 39.10.061, public bodies may also use the general contractor/construction manager contracting procedure for the construction of school district capital demonstration projects, subject to the following conditions:

       (1) The project must receive approval from the school district project review board established under RCW 39.10.115.

       (2) The school district project review board may not authorize more than ((ten)) sixteen demonstration projects valued over ((five)) ten million dollars((, of which at least two demonstration projects must be valued between five and ten million dollars)).

       (3) The school district project review board may not authorize more than two demonstration projects valued between five and ten million dollars and the authorization for the two demonstration projects shall expire upon the completion of the two projects.

       Sec. 4. RCW 39.08.030 and 1989 c 58 s 1 are each amended to read as follows:

       (1) The bond mentioned in RCW 39.08.010 shall be in an amount equal to the full contract price agreed to be paid for such work or improvement, except under subsection (2) of this section, and shall be to the state of Washington, except as otherwise provided in RCW 39.08.100, and except in cases of cities and towns, in which cases such municipalities may by general ordinance fix and determine the amount of such bond and to whom such bond shall run: PROVIDED, The same shall not be for a less amount than twenty-five percent of the contract price of any such improvement, and may designate that the same shall be payable to such city, and not to the state of Washington, and all such persons mentioned in RCW 39.08.010 shall have a right of action in his, her, or their own name or names on such bond for work done by such laborers or mechanics, and for materials furnished or provisions and goods supplied and furnished in the prosecution of such work, or the making of such improvements: PROVIDED, That such persons shall not have any right of action on such bond for any sum whatever, unless within thirty days from and after the completion of the contract with an acceptance of the work by the affirmative action of the board, council, commission, trustees, officer, or body acting for the state, county or municipality, or other public body, city, town or district, the laborer, mechanic or subcontractor, or materialman, or person claiming to have supplied materials, provisions or goods for the prosecution of such work, or the making of such improvement, shall present to and file with such board, council, commission, trustees or body acting for the state, county or municipality, or other public body, city, town or district, a notice in writing in substance as follows:

       Such notice shall be signed by the person or corporation making the claim or giving the notice, and said notice, after being presented and filed, shall be a public record open to inspection by any person, and in any suit or action brought against such surety or sureties by any such person or corporation to recover for any of the items hereinbefore specified, the claimant shall be entitled to recover in addition to all other costs, attorney's fees in such sum as the court shall adjudge reasonable: PROVIDED, HOWEVER, That no attorney's fees shall be allowed in any suit or action brought or instituted before the expiration of thirty days following the date of filing of the notice hereinbefore mentioned: PROVIDED FURTHER, That any city may avail itself of the provisions of RCW 39.08.010 through 39.08.030, notwithstanding any charter provisions in conflict herewith: AND PROVIDED FURTHER, That any city or town may impose any other or further conditions and obligations in such bond as may be deemed necessary for its proper protection in the fulfillment of the terms of the contract secured thereby, and not in conflict herewith.

       (2) Under the job order contracting procedure described in section 1 of this act, bonds will be in an amount not less than the dollar value of all open work orders.

       Sec. 5. RCW 39.30.060 and 2002 c 163 s 2 are each amended to read as follows:

       (1) Every invitation to bid on a prime contract that is expected to cost one million dollars or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016 shall require each prime contract bidder to submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void.

       (2) Substitution of a listed subcontractor in furtherance of bid shopping or bid peddling before or after the award of the prime contract is prohibited and the originally listed subcontractor is entitled to recover monetary damages from the prime contract bidder who executed a contract with the public entity and the substituted subcontractor but not from the public entity inviting the bid. It is the original subcontractor's burden to prove by a preponderance of the evidence that bid shopping or bid peddling occurred. Substitution of a listed subcontractor may be made by the prime contractor for the following reasons:

       (a) Refusal of the listed subcontractor to sign a contract with the prime contractor;

       (b) Bankruptcy or insolvency of the listed subcontractor;

       (c) Inability of the listed subcontractor to perform the requirements of the proposed contract or the project;

       (d) Inability of the listed subcontractor to obtain the necessary license, bonding, insurance, or other statutory requirements to perform the work detailed in the contract; or

       (e) The listed subcontractor is barred from participating in the project as a result of a court order or summary judgment.

       (3) The requirement of this section to name the prime contract bidder's proposed HVAC, plumbing, and electrical subcontractors applies only to proposed HVAC, plumbing, and electrical subcontractors who will contract directly with the prime contract bidder submitting the bid to the public entity.

       (4) This section does not apply to job order contract requests for proposals under section 1 of this act.

       NEW SECTION. Sec. 6. A new section is added to chapter 39.12 RCW to read as follows:

       Job order contracts under section 1 of this act must pay prevailing wages for all work that would otherwise be subject to the requirements of this chapter. Prevailing wages for all work performed pursuant to each work order must be the rates in effect at the time the individual work order is issued.

       Sec. 7. RCW 60.28.011 and 2000 c 185 s 1 are each amended to read as follows:

       (1) Public improvement contracts shall provide, and public bodies shall reserve, a contract retainage not to exceed five percent of the moneys earned by the contractor as a trust fund for the protection and payment of: (a) The claims of any person arising under the contract; and (b) the state with respect to taxes imposed pursuant to Title 82 RCW which may be due from such contractor.

       (2) Every person performing labor or furnishing supplies toward the completion of a public improvement contract shall have a lien upon moneys reserved by a public body under the provisions of a public improvement contract. However, the notice of the lien of the claimant shall be given within forty-five days of completion of the contract work, and in the manner provided in RCW 39.08.030.

       (3) The contractor at any time may request the contract retainage be reduced to one hundred percent of the value of the work remaining on the project.

       (a) After completion of all contract work other than landscaping, the contractor may request that the public body release and pay in full the amounts retained during the performance of the contract, and sixty days thereafter the public body must release and pay in full the amounts retained (other than continuing retention of five percent of the moneys earned for landscaping) subject to the provisions of chapters 39.12 and 60.28 RCW.

       (b) Sixty days after completion of all contract work the public body must release and pay in full the amounts retained during the performance of the contract subject to the provisions of chapters 39.12 and 60.28 RCW.

       (4) The moneys reserved by a public body under the provisions of a public improvement contract, at the option of the contractor, shall be:

       (a) Retained in a fund by the public body;

       (b) Deposited by the public body in an interest bearing account in a bank, mutual savings bank, or savings and loan association. Interest on moneys reserved by a public body under the provision of a public improvement contract shall be paid to the contractor;

       (c) Placed in escrow with a bank or trust company by the public body. When the moneys reserved are placed in escrow, the public body shall issue a check representing the sum of the moneys reserved payable to the bank or trust company and the contractor jointly. This check shall be converted into bonds and securities chosen by the contractor and approved by the public body and the bonds and securities shall be held in escrow. Interest on the bonds and securities shall be paid to the contractor as the interest accrues.

       (5) The contractor or subcontractor may withhold payment of not more than five percent from the moneys earned by any subcontractor or sub-subcontractor or supplier contracted with by the contractor to provide labor, materials, or equipment to the public project. Whenever the contractor or subcontractor reserves funds earned by a subcontractor or sub-subcontractor or supplier, the contractor or subcontractor shall pay interest to the subcontractor or sub- subcontractor or supplier at a rate equal to that received by the contractor or subcontractor from reserved funds.

       (6) A contractor may submit a bond for all or any portion of the contract retainage in a form acceptable to the public body and from a bonding company meeting standards established by the public body. The public body shall accept a bond meeting these requirements unless the public body can demonstrate good cause for refusing to accept it. This bond and any proceeds therefrom are subject to all claims and liens and in the same manner and priority as set forth for retained percentages in this chapter. The public body shall release the bonded portion of the retained funds to the contractor within thirty days of accepting the bond from the contractor. Whenever a public body accepts a bond in lieu of retained funds from a contractor, the contractor shall accept like bonds from any subcontractors or suppliers from which the contractor has retained funds. The contractor shall then release the funds retained from the subcontractor or supplier to the subcontractor or supplier within thirty days of accepting the bond from the subcontractor or supplier.

       (7) If the public body administering a contract, after a substantial portion of the work has been completed, finds that an unreasonable delay will occur in the completion of the remaining portion of the contract for any reason not the result of a breach thereof, it may, if the contractor agrees, delete from the contract the remaining work and accept as final the improvement at the stage of completion then attained and make payment in proportion to the amount of the work accomplished and in this case any amounts retained and accumulated under this section shall be held for a period of sixty days following the completion. In the event that the work is terminated before final completion as provided in this section, the public body may thereafter enter into a new contract with the same contractor to perform the remaining work or improvement for an amount equal to or less than the cost of the remaining work as was provided for in the original contract without advertisement or bid. The provisions of this chapter are exclusive and shall supersede all provisions and regulations in conflict herewith.

       (8) Whenever the department of transportation has contracted for the construction of two or more ferry vessels, sixty days after completion of all contract work on each ferry vessel, the department must release and pay in full the amounts retained in connection with the construction of the vessel subject to the provisions of RCW 60.28.020 and chapter 39.12 RCW. However, the department of transportation may at its discretion condition the release of funds retained in connection with the completed ferry upon the contractor delivering a good and sufficient bond with two or more sureties, or with a surety company, in the amount of the retained funds to be released to the contractor, conditioned that no taxes shall be certified or claims filed for work on the ferry after a period of sixty days following completion of the ferry; and if taxes are certified or claims filed, recovery may be had on the bond by the department of revenue and the materialmen and laborers filing claims.

       (9) Except as provided in subsection (1) of this section, reservation by a public body for any purpose from the moneys earned by a contractor by fulfilling its responsibilities under public improvement contracts is prohibited.

       (10) Contracts on projects funded in whole or in part by farmers home administration and subject to farmers home administration regulations are not subject to subsections (1) through (9) of this section.

       (11) This subsection applies only to a public body that has contracted for the construction of a facility using the general contractor/construction manager procedure, as defined under RCW ((39.10.060)) 39.10.061. If the work performed by a subcontractor on the project has been completed within the first half of the time provided in the general contractor/construction manager contract for completing the work, the public body may accept the completion of the subcontract. The public body must give public notice of this acceptance. After a forty-five day period for giving notice of liens, and compliance with the retainage release procedures in RCW 60.28.021, the public body may release that portion of the retained funds associated with the subcontract. Claims against the retained funds after the forty-five day period are not valid.

       (12) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

       (a) "Contract retainage" means an amount reserved by a public body from the moneys earned by a person under a public improvement contract.

       (b) "Person" means a person or persons, mechanic, subcontractor, or materialperson who performs labor or provides materials for a public improvement contract, and any other person who supplies the person with provisions or supplies for the carrying on of a public improvement contract.

       (c) "Public body" means the state, or a county, city, town, district, board, or other public body.

       (d) "Public improvement contract" means a contract for public improvements or work, other than for professional services, or a work order as defined in RCW 39.10.020.

       Sec. 8. RCW 39.10.902 and 2002 c 46 s 4 are each amended to read as follows:

       The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2007:

       (1) RCW 39.10.010 and 1994 c 132 s 1;

       (2) RCW 39.10.020 and 2003 c ... s 2 (section 2 of this act), 2001 c 328 s 1, 2000 c 209 s 1, 1997 c 376 s 1, & 1994 c 132 s 2;

       (3) RCW 39.10.030 and 1997 c 376 s 2 & 1994 c 132 s 3;

       (4) RCW 39.10.040 and 1994 c 132 s 4;

       (5) RCW 39.10.051 and 2002 c 46 s 1 & 2001 c 328 s 2;

       (6) RCW 39.10.061 and 2002 c 46 s 2 & 2001 c 328 s 3;

       (7) RCW 39.10.065 and 1997 c 376 s 5;

       (8) RCW 39.10.067 and 2003 c ... s 3 (section 3 of this act), 2002 c 46 s 3, & 2000 c 209 s 3;

       (9) RCW 39.10.070 and 1994 c 132 s 7;

       (10) RCW 39.10.080 and 1994 c 132 s 8;

       (11) RCW 39.10.090 and 1994 c 132 s 9;

       (12) RCW 39.10.100 and 1994 c 132 s 10;

       (13) RCW 39.10.115 and 2001 c 328 s 4 & 2000 c 209 s 4;

       (14) RCW 39.10.900 and 1994 c 132 s 13; ((and))

       (15) RCW 39.10.901 and 1994 c 132 s 14; and

       (16) RCW 39.10.-- and 2003 c ... s 1 (section 1 of this act).

       NEW SECTION. Sec. 9. A new section is added to chapter 39.12 RCW to read as follows:

       The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2007:

       RCW 39.12.-- and 2003 c . . . s 6 (section 6 of this act)."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Roach and Kastama to Substitute House Bill No. 1788, under suspension of the rules.

      The motion by Senator Roach carried and the striking amendment was adopted, under suspension of the rules.

      There being no objection, the following title amendment was adopted:

       On page 1, line 1 of the title, after "works;" strike the remainder of the title and insert "amending RCW 39.10.020, 39.10.067, 39.08.030, 39.30.060, 60.28.011, and 39.10.902; adding a new section to chapter 39.10 RCW; and adding new sections to chapter 39.12 RCW."

MOTION

      On motion of Senator Roach, Substitute House Bill No. 1788, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1788, as amended by the Senate under suspension of the rules.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1788, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 462.

     Excused: Senators Deccio, Hargrove and Honeyford, - 3.

      SUBSTITUTE HOUSE BILL NO. 1788, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Sheahan, Substitute House Bill No. 1788, as amended by the Senate under suspension of the rules, was ordered to be immediately transmitted to the House of Representatives.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The House refuses to recede from it amendment(s) to SUBSTITUTE SENATE BILL NO. 5310, insists on its position and asks the Senate to concur therein, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Morton, the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5310.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5310, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5310, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Voting nay: Senator Sheldon, T. - 1.

     Excused: Senators Deccio and Hargrove - 2.

      SUBSTITUTE SENATE BILL NO. 5310, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the tile of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1689 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Morton, the Senate receded from the Senate amendment(s) to Engrossed Substitute House Bill No. 1689.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1689, without the Senate amendment(s).

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1689, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 42.

     Voting nay: Senators Fraser, Kastama, Regala, Spanel and Thibaudeau - 5.

     Excused: Senators Deccio and Hargrove - 2.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1689, without the Senate amendment(s), having received the constitutional majority was declared passed. There being no objection, the tile of the bill will stand as the title of the act.

NOTICE FOR RECONSIDERATION

      Having voted on the prevailing side, Senator Sheahan served notice for reconsideration of the vote by which the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 1689.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The Speaker ruled the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1335 beyond the scope and object of the bill. The House refuses to concur in the said amendment(s) and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      Senator Oke moved that the Senate recede from its amendment(s) to Substitute House Bill No. 1335.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Oke that the Senate recede from its amendment(s) to Substitute House Bill No. 1335.

      The motion by Senator Oke carried and the Senate receded from its amendment(s) to Substitute House Bill No. 1335.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1335, without the Senate amendment(s).

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1335, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Absent: Senator Finkbeiner - 1.

     Excused: Senators Deccio and Hargrove - 2.

      SUBSTITUTE HOUSE BILL NO. 1335, without the Senate amendment(s), having received the constitutional majority was declared passed. There being no objection, the tile of the bill will stand as the title of the act.

MOTION

      At 2:44 p.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

      The Senate was called to order at 3:55 p.m. by President Owen.

MOTION

      On motion of Senator Eide, Senator Regala was excused.

MESSAGE FROM THE HOUSE

April 25, 2003

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE HOUSE BILL NO. 1057,

      SUBSTITUTE HOUSE BILL NO. 1081,

      HOUSE BILL NO. 1108,

      SUBSTITUTE HOUSE BILL NO. 1211,

      SUBSTITUTE HOUSE BILL NO. 1219,

      SECOND SUBSTITUTE HOUSE BILL NO. 1240,

      ENGROSSED HOUSE BILL NO. 1252,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1299,

      HOUSE BILL NO. 1361,

      SUBSTITUTE HOUSE BILL NO. 1380,

      ENGROSSED HOUSE BILL NO. 1395,

      HOUSE BILL NO. 1444,

      SUBSTITUTE HOUSE BILL NO. 1455,

      SUBSTITUTE HOUSE BILL NO. 1470,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524,

      HOUSE BILL NO. 1654,

      SECOND SUBSTITUTE HOUSE BILL NO. 1725,

      HOUSE BILL NO. 1727,

      SECOND SUBSTITUTE HOUSE BILL NO. 1784,

      HOUSE BILL NO. 1858,

      HOUSE BILL NO. 1972,

      HOUSE BILL NO. 1980,

      HOUSE BILL NO. 2001,

      HOUSE BILL NO. 2186, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MESSAGES FROM THE HOUSE

April 26, 2003

MR. PRESIDENT:

      The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5190 and passed the bill without the House amendment(s), and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

April 26, 2003

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5448 and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

April 26, 2003

MR. PRESIDENT:

      The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5497 and passed the bill without the House amendment(s)., and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

April 26, 2003

MR. PRESIDENT:

      The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5520 and passed the bill without the House amendment(s)., and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

April 26, 2003

MR. PRESIDENT:

      The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5748 and passed the bill without the House amendment(s)., and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      SUBSTITUTE HOUSE BILL NO. 1057,

      SUBSTITUTE HOUSE BILL NO. 1081,

      HOUSE BILL NO. 1108,

      SUBSTITUTE HOUSE BILL NO. 1211,

      SUBSTITUTE HOUSE BILL NO. 1219,

      SECOND SUBSTITUTE HOUSE BILL NO. 1240,

      ENGROSSED HOUSE BILL NO. 1252,ENGROSSED SUBSTITUTE HOUSE BILL NO. 1299,

      HOUSE BILL NO. 1361,

      SUBSTITUTE HOUSE BILL NO. 1380,

      ENGROSSED HOUSE BILL NO. 1395,

      HOUSE BILL NO. 1444,

      SUBSTITUTE HOUSE BILL NO. 1455,

      SUBSTITUTE HOUSE BILL NO. 1470,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524,

      HOUSE BILL NO. 1654,

      SECOND SUBSTITUTE HOUSE BILL NO. 1725,

      HOUSE BILL NO. 1727,

      SECOND SUBSTITUTE HOUSE BILL NO. 1784,

      HOUSE BILL NO. 1858,

      HOUSE BILL NO. 1972,

      HOUSE BILL NO. 1980,

      HOUSE BILL NO. 2001,

      HOUSE BILL NO. 2186.

SIGNED BY THE PRESIDENT

      The President signed:

      SUBSTITUTE SENATE BILL NO. 5190,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5448,

      SUBSTITUTE SENATE BILL NO. 5497,

      SUBSTITUTE SENATE BILL NO. 5520,

      SUBSTITUTE SENATE BILL NO. 5748.

MESSAGE FROM THE HOUSE

April 22, 2003

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1100 and asks the Senate to recede therefrom., and the same are herewith transmitted.

                                                                                                                                                                  CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Swecker, the Senate receded from its amendments(s) to Substitute House Bill No. 1100.

MOTIONS

      On motion of Senator Swecker, the rules were suspended and Substitute House Bill No. 1100 was returned to second reading and read the second time.

      On motion of Senator Swecker, the following striking amendment by Senators Swecker and Rasmussen was adopted, under suspension of the rules:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 20.01.010 and 1991 c 174 s 1 are each amended to read as follows:

       As used in this title the terms defined in this section have the meanings indicated unless the context clearly requires otherwise.

       (1) "Director" means the director of agriculture or ((his)) a duly authorized representative.

       (2) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors.

       (3) "Agricultural product" means any unprocessed horticultural, vermicultural and its byproducts, viticultural, berry, poultry, poultry product, grain, bee, or other agricultural products, and includes mint or mint oil processed by or for the producer thereof and hay and straw baled or prepared for market in any manner or form and livestock.

       (4) "Producer" means any person engaged in the business of growing or producing any agricultural product, whether as the owner of the products, or producing the products for others holding the title thereof.

       (5) "Consignor" means any producer, person, or his agent who sells, ships, or delivers to any commission merchant, dealer, cash buyer, or agent, any agricultural product for processing, handling, sale, or resale.

       (6) "Commission merchant" means any person who receives on consignment for sale or processing and sale from the consignor thereof any agricultural product for sale on commission on behalf of the consignor, or who accepts any farm product in trust from the consignor thereof for the purpose of resale, or who sells or offers for sale on commission any agricultural product, or who in any way handles for the account of or as an agent of the consignor thereof, any agricultural product.

       (7) "Dealer" means any person other than a cash buyer, as defined in subsection (10) of this section, who solicits, contracts for, or obtains from the consignor thereof for reselling or processing, title, possession, or control of any agricultural product, or who buys or agrees to buy any agricultural product from the consignor thereof for sale or processing and includes any person, other than one who acts solely as a producer, who retains title in an agricultural product and delivers it to a producer for further production or increase. For the purposes of this chapter, the term dealer includes any person who purchases livestock on behalf of and for the account of another, or who purchases cattle in another state or country and imports these cattle into this state for resale.

       (8) "Limited dealer" means any person ((operating)) who buys, agrees to buy, or pays for the production or increase of any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full agreed price of the agricultural product and who operates under the alternative bonding provision in RCW 20.01.211.

       (9) "Broker" means any person other than a commission merchant, dealer, or cash buyer who negotiates the purchase or sale of any agricultural product, but no broker may handle the agricultural products involved or proceeds of the sale.

       (10) "Cash buyer" means any person other than a commission merchant, dealer, or broker, who obtains from the consignor thereof for the purpose of resale or processing, title, possession, or control of any agricultural product or who contracts for the title, possession, or control of any agricultural product, or who buys or agrees to buy for resale any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full agreed price of the agricultural product, in coin or currency, lawful money of the United States. However, a cashier's check, certified check, credit card, or bankdraft may be used for the payment. For the purposes of this subsection, "agricultural product," does not include hay, grain, straw, or livestock.

       (11) "Agent" means any person who, on behalf of any commission merchant, dealer, broker, or cash buyer, acts as liaison between a consignor and a principal, or receives, contracts for, or solicits any agricultural product from the consignor thereof or who negotiates the consignment or purchase of any agricultural product on behalf of any commission merchant, dealer, broker, or cash buyer and who transacts all or a portion of that business at any location other than at the principal place of business of his employer. With the exception of an agent for a commission merchant or dealer handling horticultural products, an agent may operate only in the name of one principal and only to the account of that principal.

       (12) "Retail merchant" means any person operating from a bona fide or established place of business selling agricultural products twelve months of each year.

       (13) "Fixed or established place of business" for the purpose of this chapter means any permanent warehouse, building, or structure, at which necessary and appropriate equipment and fixtures are maintained for properly handling those agricultural products generally dealt in, and at which supplies of the agricultural products being usually transported are stored, offered for sale, sold, delivered, and generally dealt with in quantities reasonably adequate for and usually carried for the requirements of such a business, and that is recognized as a permanent business at such place, and carried on as such in good faith and not for the purpose of evading this chapter, and where specifically designated personnel are available to handle transactions concerning those agricultural products generally dealt in, which personnel are available during designated and appropriate hours to that business, and shall not mean a residence, barn, garage, tent, temporary stand or other temporary quarters, any railway car, or permanent quarters occupied pursuant to any temporary arrangement.

       (14) "Processor" means any person, firm, company, or other organization that purchases agricultural crops from a consignor and that cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes those crops in any manner whatsoever for eventual resale.

       (15) "Pooling contract" means any written agreement whereby a consignor delivers a horticultural product to a commission merchant under terms whereby the commission merchant may commingle the consignor's horticultural products for sale with others similarly agreeing, which must include all of the following:

       (a) A delivery receipt for the consignor that indicates the variety of horticultural product delivered, the number of containers, or the weight and tare thereof;

       (b) Horticultural products received for handling and sale in the fresh market shall be accounted for to the consignor with individual pack-out records that shall include variety, grade, size, and date of delivery. Individual daily packing summaries shall be available within forty-eight hours after packing occurs. However, platform inspection shall be acceptable by mutual contract agreement on small deliveries to determine variety, grade, size, and date of delivery;

       (c) Terms under which the commission merchant may use his judgment in regard to the sale of the pooled horticultural product;

       (d) The charges to be paid by the consignor as filed with the state of Washington;

       (e) A provision that the consignor shall be paid for his pool contribution when the pool is in the process of being marketed in direct proportion, not less than eighty percent of his interest less expenses directly incurred, prior liens, and other advances on the grower's crop unless otherwise mutually agreed upon between grower and commission merchant.

       (16) "Date of sale" means the date agricultural products are delivered to the person buying the products.

       (17) "Conditioner" means any person, firm, company, or other organization that receives turf, forage, or vegetable seeds from a consignor for drying or cleaning.

       (18) "Seed bailment contract" means any contract meeting the requirements of chapter 15.48 RCW.

       (19) "Proprietary seed" means any seed that is protected under the Federal Plant Variety Protection Act.

       (20) "Licensed public weighmaster" means any person, licensed under the provisions of chapter 15.80 RCW, who weighs, measures, or counts any commodity or thing and issues therefor a signed certified statement, ticket, or memorandum of weight, measure, or count upon which the purchase or sale of any commodity or upon which the basic charge of payment for services rendered is based.

       (21) "Certified weight" means any signed certified statement or memorandum of weight, measure or count issued by a licensed public weighmaster in accordance with the provisions of chapter 15.80 RCW.

       (22) "Licensee" means any person or business licensed under this chapter as a commission merchant, dealer, limited dealer, broker, cash buyer, or agent.

       Sec. 2. RCW 20.01.130 and 1993 sp.s. c 24 s 929 are each amended to read as follows:

       All fees and other moneys received by the department under ((the provisions of)) this chapter shall be paid to the director and ((shall be)) used solely for the purpose of carrying out ((the provisions of)) this chapter and the rules adopted ((hereunder or for departmental administrative expenses during the 1993-95 biennium)) under this chapter. All civil fines received by the courts as the result of notices of infractions issued by the director shall be paid to the director, less any mandatory court costs and assessments.

       Sec. 3. RCW 20.01.140 and 1959 c 139 s 14 are each amended to read as follows:

       Any change in the organization of any firm, association, exchange, corporation, or partnership licensed under ((the provisions of)) this chapter shall be reported to the director and the licensee's surety or sureties within thirty days.

       Sec. 4. RCW 20.01.211 and 1983 c 305 s 5 are each amended to read as follows:

       (1) In lieu of the bonding provision required by RCW 20.01.210, any dealer who buys, agrees to buy, or pays for the production or increase of any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full agreed price of the agricultural product may file a bond in an amount equal to the dealer's maximum monthly purchases, divided by ((fifteen)) twelve, but the minimum bond ((provided by)) under this section shall be ((in a minimum of seven thousand five hundred)) no less than ten thousand dollars.

       (2) Any dealer using the bonding provisions of this section shall file an affidavit with the director that sets forth the dealer's maximum monthly purchases from or payments to consignors. The affidavit shall be filed at the time of application and with each renewal.

       (3) Any dealer bonded under this section who is found to be in violation of this chapter shall be required to comply with the bonding requirements of RCW 20.01.210 for a minimum of two years.

       Sec. 5. RCW 20.01.240 and 1986 c 178 s 12 are each amended to read as follows:

       (1) ((Except as provided in subsection (2) of this section,)) Any consignor who believes he or she has a valid claim against the bond of a commission merchant or dealer shall file a claim with the director. ((Upon the filing of a claim under this subsection against any commission merchant or dealer handling any agricultural product, the director may, after investigation, proceed to ascertain the names and addresses of all consignor creditors of such commission merchant and dealer, together with the amounts due and owing to them by such commission merchant and dealer, and shall request all such consignor creditors to file a verified statement of their respective claims with the director. Such request shall be addressed to each known consignor creditor at his last known address.

       (2) Any consignor who believes he or she has a valid claim against the bond of a commission merchant or dealer in hay or straw, shall file a claim with the director within twenty days of the licensee's default. In the case of a claim against the bond of a commission merchant or unlimited dealer in hay or straw, default occurs when the licensee fails to make payment within thirty days of the date the licensee took possession of the hay or straw. In the case of a claim against a limited dealer in hay or straw, default occurs when the licensee fails to make payment upon taking possession of the hay or straw. Upon verifying the consignor's claim either through investigation or, if necessary, an administrative action, the director shall, within ten working days of the filing of the claim, make demand for payment of the claim by the licensee's surety without regard to any other potentially valid claim. Any subsequent claim will likewise result in a demand against the licensee's surety, subject to the availability of any remaining bond proceeds.))

       (2) In the case of a claim against the bond of a commission merchant or dealer in hay or straw, default occurs when the licensee fails to make payment within thirty days of the date the licensee took possession of the hay or straw or at a date agreed to by both the consignor and commission merchant or dealer in written contract. In the case of a claim against a limited dealer in hay or straw, default occurs when the licensee fails to make payment upon taking possession of the hay or straw.

       (3) Upon the filing of a claim under this subsection against any commission merchant or dealer handling any agricultural product, the director may, after investigation, proceed to ascertain the names and addresses of all consignor creditors of such commission merchant and dealer, together with the amounts due and owing to them by such commission merchant and dealer, and shall request all such consignor creditors to file a verified statement of their respective claims with the director. Such request shall be addressed to each known consignor creditor at his last known address.

       (4) For claims against a bond that have been filed by consignors prior to the sixty-day deadline established in RCW 20.01.250, the director shall investigate the claims and, within thirty days of verifying the claims, demand payment for the valid claims by the licensee's surety. The director shall distribute the proceeds of the valid bond claims to the claimants on a pro rata basis within the limits of the claims and the availability of the bond proceeds. If a claim is filed after the sixty-day deadline established in RCW 20.01.250, the director may investigate the claim and may demand payment for a valid claim. The director shall distribute the proceeds of any such payment made by the surety to the claimant on a first-to- file, first-to-be-paid basis within the limits of the claim and the availability of any bond proceeds remaining after the pro rata distribution. All distributions made by the director under this subsection are subject to RCW 20.01.260.

       Sec. 6. RCW 20.01.320 and 1959 c 139 s 32 are each amended to read as follows:

       The director on his or her own motion or upon the verified complaint of any interested party may investigate, examine, or inspect (1) any transaction involving solicitation, receipt, sale, or attempted sale of agricultural products by any person or persons acting or assuming to act as a commission merchant, dealer, broker, cash buyer, or agent; (2) the failure to make proper and true account of sales and settlement thereof as required under this chapter ((and/or)) or rules ((and regulations)) adopted ((hereunder)) under this chapter; (3) the intentional making of false statements as to conditions and quantity of any agricultural products received or in storage; (4) the intentional making of false statements as to market conditions; (5) the failure to make payment for products within the time required by this chapter; (6) any and all other injurious transactions. In furtherance of ((any)) such an investigation, examination, or inspection, the director or ((his)) an authorized representative((,)) may examine that portion of the ledgers, books, accounts, memoranda and other documents, agricultural products, scales, measures, and other articles and things used in connection with the business of ((such)) the person relating to the transactions involved. For the purpose of ((such)) the investigation the director shall at all times have free and unimpeded access to all buildings, yards, warehouses, storage, and transportation facilities or any other place where agricultural products are kept, stored, handled, or transported. If the director is denied access, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to the premises and records. The court may upon the application issue the search warrant for the purposes requested. The director may also, for the purpose of ((such)) the investigation, issue subpoenas to compel the attendance of witnesses, as provided in RCW 20.01.170, ((and/or)) or the production of books or documents, anywhere in the state.

       Sec. 7. RCW 20.01.410 and 1971 ex.s. c 182 s 12 are each amended to read as follows:

       (1) A copy of a manifest of cargo, on a form prescribed by the director, shall be carried on any vehicle transporting agricultural products purchased by a dealer or cash buyer, or consigned to a commission merchant from the consignor thereof when prescribed by the director. A bill of lading may be carried in lieu of a manifest of cargo for an agricultural product other than hay or straw.

       (2) Except as provided in subsection (3) of this section, the commission merchant, dealer, or cash buyer of agricultural products shall issue a copy of ((such)) the manifest or bill of lading to the consignor of ((such)) the agricultural products and the original shall be retained by the licensee for a period of ((one)) three years during which time it shall be surrendered upon request to the director. ((Such)) The manifest of cargo ((shall be)) is valid only when signed by the licensee or his or her agent and the consignor or his or her authorized representative of ((such)) the agricultural products.

       (3) The commission merchant or dealer of hay or straw shall issue a copy of a manifest to the consignor. The original copy shall be retained by the commission merchant or dealer for a period of three years during which time it shall be surrendered upon request to the director. The manifest of cargo is valid only when signed by the licensee or his or her agent and the consignor or his or her authorized representative of hay or straw.

       (4) Manifest forms will be provided to licensees at the actual cost for the manifests plus necessary handling costs incurred by the department.

       Sec. 8. RCW 20.01.460 and 1989 c 354 s 43 are each amended to read as follows:

       (1) Any person who violates the provisions of this chapter or fails to comply with the rules adopted under this chapter is guilty of a gross misdemeanor, except as provided in subsections (2) ((and (3))) through (4) of this section.

       (2) Any commission merchant, dealer, or cash buyer, or any person assuming or attempting to act as a commission merchant, dealer, or cash buyer without a license is guilty of a class C felony who:

       (a) Imposes false charges for handling or services in connection with agricultural products.

       (b) Makes fictitious sales or is guilty of collusion to defraud the consignor.

       (c) Intentionally makes false statement or statements as to the grade, conditions, markings, quality, or quantity of goods shipped or packed in any manner.

       (d) With the intent to defraud the consignor, fails to comply with the requirements set forth under RCW 20.01.010(10), 20.01.390, or 20.01.430.

       (3) Any person who violates the provisions of RCW 20.01.040, 20.01.080, 20.01.120, 20.01.125, 20.01.410, or 20.01.610 has committed a civil infraction.

       (4) Unlawful issuance of a check or draft may be prosecuted under RCW 9A.56.060.

       Sec. 9. RCW 20.01.490 and 1986 c 178 s 5 are each amended to read as follows:

       Any person found to have committed a civil infraction under this chapter shall be assessed a monetary penalty. No monetary penalty so assessed may exceed ((one)) five thousand dollars. The director shall adopt a schedule of monetary penalties for each violation of this chapter classified as a civil infraction and shall submit the schedule to the proper courts. Whenever a monetary penalty is imposed by the court, the penalty is immediately due and payable. The court may, at its discretion, grant an extension of time, not to exceed thirty days, in which the penalty must be paid. Failure to pay any monetary penalties imposed under this chapter shall be punishable as a misdemeanor.

       Sec. 10. RCW 20.01.610 and 1986 c 178 s 14 are each amended to read as follows:

       The director or ((his)) appointed officers may stop a vehicle transporting ((hay or straw)) agricultural products upon the public roads of this state if there is reasonable cause to believe the carrier, seller, or buyer may be in violation of this chapter. Any operator of a vehicle failing or refusing to stop when directed to do so has committed a civil infraction.

       The director and appointed officers shall work to ensure that vehicles carrying perishable agricultural products are detained no longer than is absolutely necessary for a prompt assessment of compliance with this chapter. If a vehicle carrying perishable agricultural products is found to be in violation of this chapter, the director or appointed officers shall promptly issue necessary notices of civil infraction, as provided in RCW 20.01.482 and 20.01.484, and shall allow the vehicle to continue toward its destination without further delay.

       NEW SECTION. Sec. 11. In recognition of the significant losses incurred by seed producers in the state from a recent seed company bankruptcy and the increasing diversity of and changes in the state's seed industry, the department of agriculture shall conduct a study of alternative methods of reducing the risk of nonpayment of producers from seed company bankruptcies and increasing the financial recovery for seed producers should such bankruptcies occur. The study shall evaluate alternative methods of addressing issues relating to nonpayment of producers, including the potential of establishing an indemnity fund, and how the costs of providing and maintaining such a fund would be borne. The department shall evaluate whether establishing an indemnity fund would be in addition to or as a substitute for any current bonding requirements for various types of seed crops and seed contracts, including bailment contracts. The department shall establish an advisory committee including representatives of producers and seed companies of various types of agricultural seeds grown in this state to assist it in the study.

       The department shall report the results of the study, including any recommended legislation in bill form, to the governor and to the appropriate committees of the legislature by December 1, 2003."

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "products;" strike the remainder of the title and insert "amending RCW 20.01.010, 20.01.130, 20.01.140, 20.01.211, 20.01.240, 20.01.320, 20.01.410, 20.01.460, 20.01.490, and 20.01.610; creating a new section; and prescribing penalties."

MOTION

      On motion of Senator Swecker, the rules were suspended, Substitute House Bill No. 1100, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued. 

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1100, as amended by the Senate under suspension of the rules.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1100, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Deccio and Regala - 2.

      SUBSTITUTE HOUSE BILL NO. 1100, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Sheahan, Substitute House Bill No. 1100, as amended by the Senate under suspension of the rules, was ordered to be immediately transmitted to the House of Representatives.

MESSAGE FROM THE HOUSE

April 22, 2003

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1464 and asks the Senate to recede therefrom., and the same are herewith transmitted.

                                                                                                                                                                  CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Stevens, the Senate refuses to recede from the Senate amendment(s) to Substitute House Bill No. 1464 and asks the House to concur therein.

REPORT OF CONFERENCE COMMITTEE

RE: ESHB 2056                                                                                                                                                                Includes New Items

      Public Works Bidding.

MR. PRESIDENT:

MR. SPEAKER:

      We of your Conference Committee to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056, Public Works Bidding, have had the same under consideratio9n and we recommend that:

       All previous amendment(s) not be adopted and that the following striking amendment be adopted: 

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 39.04 RCW to read as follows:

       When a municipality receives a written protest from a bidder for a public works project which is the subject of competitive bids, the municipality shall not execute a contract for the project with anyone other than the protesting bidder without first providing at least two full business days' written notice of the municipality's intent to execute a contract for the project; provided that the protesting bidder submits notice in writing of its protest no later than two full business days following bid opening. Intermediate Saturdays, Sundays, and legal holidays are not counted.

       NEW SECTION. Sec. 2. A new section is added to chapter 39.04 RCW to read as follows:

       A low bidder on a public works project who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.

       Sec. 3. RCW 39.10.020 and 2001 c 328 s 1 are each amended to read as follows:

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

       (1) "Alternative public works contracting procedure" means the design-build and the general contractor/construction manager contracting procedures authorized in RCW 39.10.051 and 39.10.061, respectively.

       (2) "Public body" means the state department of general administration; the University of Washington; Washington State University; every city with a population greater than seventy thousand and any public authority chartered by such city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4); every county with a population greater than four hundred fifty thousand; every port district with total revenues greater than fifteen million dollars per year; every public hospital district with total revenues greater than fifteen million dollars per year utilizing the design-build procedure authorized by RCW 39.10.051 and every public hospital district, regardless of total revenues, proposing projects that are considered and approved by the public hospital district project review board under section 7 of this act; every public utility district with revenues from energy sales greater than twenty-three million dollars per year; and those school districts proposing projects that are considered and approved by the school district project review board under RCW 39.10.115.

       (3) "Public works project" means any work for a public body within the definition of the term public work in RCW 39.04.010.

       Sec. 4. RCW 39.10.051 and 2002 c 46 s 1 are each amended to read as follows:

       (1) Notwithstanding any other provision of law, and after complying with RCW 39.10.030, the following public bodies may utilize the design- build procedure of public works contracting for public works projects authorized under this section: The state department of general administration; the University of Washington; Washington State University; every city with a population greater than seventy thousand and any public authority chartered by such city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4); every county with a population greater than four hundred fifty thousand; every public utility district with revenues from energy sales greater than twenty-three million dollars per year; every public hospital district with total revenues greater than fifteen million dollars per year; and every port district with total revenues greater than fifteen million dollars per year. The authority granted to port districts in this section is in addition to and does not affect existing contracting authority under RCW 53.08.120 and 53.08.130. For the purposes of this section, "design-build procedure" means a contract between a public body and another party in which the party agrees to both design and build the facility, portion of the facility, or other item specified in the contract.

       (2) Public bodies authorized under this section may utilize the design-build procedure for public works projects valued over ten million dollars where:

       (a) The construction activities or technologies to be used are highly specialized and a design-build approach is critical in developing the construction methodology or implementing the proposed technology; or

       (b) The project design is repetitive in nature and is an incidental part of the installation or construction; or

       (c) Regular interaction with and feedback from facilities users and operators during design is not critical to an effective facility design.

       (3) Public bodies authorized under this section may also use the design-build procedure for the following projects that meet the criteria in subsection (2)(b) and (c) of this section:

       (a) The construction or erection of preengineered metal buildings or prefabricated modular buildings, regardless of cost; or

       (b) The construction of new student housing projects valued over five million dollars.

       (4) Contracts for design-build services shall be awarded through a competitive process utilizing public solicitation of proposals for design-build services. The public body shall publish at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done, a notice of its request for proposals for design-build services and the availability and location of the request for proposal documents. The request for proposal documents shall include:

       (a) A detailed description of the project including programmatic, performance, and technical requirements and specifications, functional and operational elements, minimum and maximum net and gross areas of any building, and, at the discretion of the public body, preliminary engineering and architectural drawings;

       (b) The reasons for using the design-build procedure;

       (c) A description of the qualifications to be required of the proposer including, but not limited to, submission of the proposer's accident prevention program;

       (d) A description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors. Evaluation factors shall include, but not be limited to: Proposal price; ability of professional personnel; past performance on similar projects; ability to meet time and budget requirements; ability to provide a performance and payment bond for the project; recent, current, and projected work loads of the firm; location; and the concept of the proposal;

       (e) The form of the contract to be awarded;

       (f) The amount to be paid to finalists submitting best and final proposals who are not awarded a design-build contract; and

       (g) Other information relevant to the project.

       (5) The public body shall establish a committee to evaluate the proposals based on the factors, weighting, and process identified in the request for proposals. Based on its evaluation, the public body shall select not fewer than three nor more than five finalists to submit best and final proposals. The public body may, in its sole discretion, reject all proposals. Design-build contracts shall be awarded using the procedures in (a) or (b) of this subsection.

       (a) Best and final proposals shall be evaluated and scored based on the factors, weighting, and process identified in the initial request for proposals. The public body may score the proposals using a system that measures the quality and technical merits of the proposal on a unit price basis. Final proposals may not be considered if the proposal cost is greater than the maximum allowable construction cost identified in the initial request for proposals. The public body shall initiate negotiations with the firm submitting the highest scored best and final proposal. If the public body is unable to execute a contract with the firm submitting the highest scored best and final proposal, negotiations with that firm may be suspended or terminated and the public body may proceed to negotiate with the next highest scored firm. Public bodies shall continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated.

       (b) If the public body determines that all finalists are capable of producing plans and specifications that adequately meet project requirements, the public body may award the contract to the firm that submits the responsive best and final proposal with the lowest price.

       (6) The firm awarded the contract shall provide a performance and payment bond for the contracted amount. The public body shall provide appropriate honorarium payments to finalists submitting best and final proposals who are not awarded a design-build contract. Honorarium payments shall be sufficient to generate meaningful competition among potential proposers on design-build projects.

       Sec. 5. RCW 39.10.061 and 2002 c 46 s 2 are each amended to read as follows:

       (1) Notwithstanding any other provision of law, and after complying with RCW 39.10.030, a public body may utilize the general contractor/construction manager procedure of public works contracting for public works projects authorized under subsection (2) of this section. For the purposes of this section, "general contractor/construction manager" means a firm with which a public body has selected and negotiated a maximum allowable construction cost to be guaranteed by the firm, after competitive selection through formal advertisement and competitive bids, to provide services during the design phase that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work, and to act as the construction manager and general contractor during the construction phase.

       (2) Except those school districts proposing projects that are considered and approved by the school district project review board and those public hospital districts proposing projects that are considered and approved by the public hospital district project review board, public bodies authorized under this section may utilize the general contractor/construction manager procedure for public works projects valued over ten million dollars where:

       (a) Implementation of the project involves complex scheduling requirements; or

       (b) The project involves construction at an existing facility which must continue to operate during construction; or

       (c) The involvement of the general contractor/construction manager during the design stage is critical to the success of the project.

       (3) Public bodies should select general contractor/construction managers early in the life of public works projects, and in most situations no later than the completion of schematic design.

       (4) Contracts for the services of a general contractor/construction manager under this section shall be awarded through a competitive process requiring the public solicitation of proposals for general contractor/construction manager services. The public solicitation of proposals shall include: A description of the project, including programmatic, performance, and technical requirements and specifications when available; the reasons for using the general contractor/construction manager procedure; a description of the qualifications to be required of the proposer, including submission of the proposer's accident prevention program; a description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors; the form of the contract to be awarded; the estimated maximum allowable construction cost; and the bid instructions to be used by the general contractor/construction manager finalists. Evaluation factors shall include, but not be limited to: Ability of professional personnel, past performance in negotiated and complex projects, and ability to meet time and budget requirements; the scope of work the general contractor/construction manager proposes to self-perform and its ability to perform it; location; recent, current, and projected work loads of the firm; and the concept of their proposal. A public body shall establish a committee to evaluate the proposals. After the committee has selected the most qualified finalists, these finalists shall submit final proposals, including sealed bids for the percent fee, which is the percentage amount to be earned by the general contractor/construction manager as overhead and profit, on the estimated maximum allowable construction cost and the fixed amount for the detailed specified general conditions work. The public body shall select the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of factors published in the public solicitation of proposals.

       (5) The maximum allowable construction cost may be negotiated between the public body and the selected firm after the scope of the project is adequately determined to establish a guaranteed contract cost for which the general contractor/construction manager will provide a performance and payment bond. The guaranteed contract cost includes the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable construction cost, the percent fee on the negotiated maximum allowable construction cost, and sales tax. If the public body is unable to negotiate a satisfactory maximum allowable construction cost with the firm selected that the public body determines to be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the public body shall negotiate with the next highest scored firm and continue until an agreement is reached or the process is terminated. If the maximum allowable construction cost varies more than fifteen percent from the bid estimated maximum allowable construction cost due to requested and approved changes in the scope by the public body, the percent fee shall be renegotiated.

       (6) All subcontract work shall be competitively bid with public bid openings. When critical to the successful completion of a subcontractor bid package and after publication of notice of intent to determine bidder eligibility in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done at least twenty days before requesting qualifications from interested subcontract bidders, the owner and general contractor/construction manager may determine subcontractor bidding eligibility using the following evaluation criteria:

       (a) Adequate financial resources or the ability to secure such resources;

       (b) History of successful completion of a contract of similar type and scope;

       (c) Project management and project supervision personnel with experience on similar projects and the availability of such personnel for the project;

       (d) Current and projected workload and the impact the project will have on the subcontractor's current and projected workload;

       (e) Ability to accurately estimate the subcontract bid package scope of work;

       (f) Ability to meet subcontract bid package shop drawing and other coordination procedures;

       (g) Eligibility to receive an award under applicable laws and regulations; and

       (h) Ability to meet subcontract bid package scheduling requirements.

       The owner and general contractor/construction manager shall weigh the evaluation criteria and determine a minimum acceptable score to be considered an eligible subcontract bidder.

       After publication of notice of intent to determine bidder eligibility, subcontractors requesting eligibility shall be provided the evaluation criteria and weighting to be used by the owner and general contractor/construction manager to determine eligible subcontract bidders. After the owner and general contractor/construction manager determine eligible subcontract bidders, subcontractors requesting eligibility shall be provided the results and scoring of the subcontract bidder eligibility determination.

       Subcontract bid packages shall be awarded to the responsible bidder submitting the low responsive bid. The requirements of RCW 39.30.060 apply to each subcontract bid package. All subcontractors who bid work over three hundred thousand dollars shall post a bid bond and all subcontractors who are awarded a contract over three hundred thousand dollars shall provide a performance and payment bond for their contract amount. All other subcontractors shall provide a performance and payment bond if required by the general contractor/construction manager. If a general contractor/construction manager receives a written protest from a subcontractor bidder, the general contractor/construction manager shall not execute a contract for the subcontract bid package with anyone other than the protesting bidder without first providing at least two full business days' written notice of the general contractor/construction manager's intent to execute a contract for the subcontract bid package; provided that the protesting bidder submits notice in writing of its protest no later than two full business days following bid opening. Intermediate Saturdays, Sundays, and legal holidays are not counted. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. Except as provided for under subsection (7) of this section, bidding on subcontract work by the general contractor/construction manager or its subsidiaries is prohibited. The general contractor/construction manager may negotiate with the low-responsive bidder in accordance with RCW 39.10.080 or, if unsuccessful in such negotiations, rebid.

       (7) The general contractor/construction manager, or its subsidiaries, may bid on subcontract work if:

       (a) The work within the subcontract bid package is customarily performed by the general contractor/construction manager;

       (b) The bid opening is managed by the public body; and

       (c) Notification of the general contractor/construction manager's intention to bid is included in the public solicitation of bids for the bid package.

       In no event may the value of subcontract work performed by the general contractor/construction manager exceed thirty percent of the negotiated maximum allowable construction cost.

       (8) A public body may include an incentive clause in any contract awarded under this section for savings of either time or cost or both from that originally negotiated. No incentives granted may exceed five percent of the maximum allowable construction cost. If the project is completed for less than the agreed upon maximum allowable construction cost, any savings not otherwise negotiated as part of an incentive clause shall accrue to the public body. If the project is completed for more than the agreed upon maximum allowable construction cost, excepting increases due to any contract change orders approved by the public body, the additional cost shall be the responsibility of the general contractor/construction manager.

       NEW SECTION. Sec. 6. A new section is added to chapter 39.10 RCW to read as follows:

       (1) In addition to the projects authorized in RCW 39.10.061, public hospital districts may also use the general contractor/construction manager contracting procedure for the construction of public hospital district capital demonstration projects, subject to the following conditions:

       (a) The project must receive approval from the public hospital district project review board established under section 7 of this act.

       (b) The public hospital district project review board may not authorize more than ten demonstration projects valued between five and ten million dollars.

       (2) Public hospital districts may also use the general contractor/construction manager contracting procedure for the construction of any public hospital district capital project that has a value over ten million dollars and that has received approval from the public hospital district project review board established under section 7 of this act.

       NEW SECTION. Sec. 7. A new section is added to chapter 39.10 RCW to read as follows:

       (1) The public hospital district project review board is established to review public hospital district proposals submitted by public hospital districts to use alternative public works contracting procedures. The board shall select and approve qualified projects based upon an evaluation of the information submitted by the public hospital district under subsection (2) of this section. Any appointments for full terms or to fill a vacancy shall be made by the governor and shall include the following representatives, each having experience with public works or commercial construction: One representative from the department of health; one representative from the office of financial management; two representatives from the construction industry, one of whom works for a construction company with gross annual revenues of twenty million dollars or less; one representative from the specialty contracting industry; one representative from organized labor; one representative from the design industry; one representative from a public body previously authorized under this chapter to use an alternative public works contracting procedure who has experience using such alternative contracting procedures; one representative from public hospital districts with total revenues greater than fifteen million dollars per year; and one representative from public hospital districts with total revenues equal to or less than fifteen million dollars per year. Each member shall be appointed for a term of three years, with the first three-year term commencing after July 27, 2003. Any member of the public hospital district project review board who is directly affiliated with any applicant before the board must recuse him or herself from consideration of the application.

       (2) A public hospital district seeking to use alternative contracting procedures authorized under this chapter pursuant to section 6 of this act shall file an application with the public hospital district project review board. The application form shall require the district to submit a detailed statement of the proposed project, including the public hospital district's name; the current projected total budget for the project, including the estimated construction costs, costs for professional services, equipment and furnishing costs, off-site costs, contract administration costs, and other related project costs; the anticipated project design and construction schedule; a summary of the public hospital district's construction activity for the preceding six years; and an explanation of why the public hospital district believes the use of an alternative contracting procedure is in the public interest and why the public hospital district is qualified to use an alternative contracting procedure, including a summary of the relevant experience of the public hospital district's management team. The applicant shall also provide in a timely manner any other information concerning implementation of projects under this chapter requested by the public hospital district project review board to assist in its consideration.

       (3) Any public hospital district whose application is approved by the public hospital district project review board shall comply with the public notification and review requirements in RCW 39.10.030.

       (4) Any public hospital district whose application is approved by the public hospital district project review board shall not use as an evaluation factor whether a contractor submitting a bid for the approved project has had prior general contractor/construction manager procedure experience.

       Sec. 8. RCW 39.10.902 and 2002 c 46 s 4 are each amended to read as follows:

       The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2007:

       (1) RCW 39.10.010 and 1994 c 132 s 1;

       (2) RCW 39.10.020 and 2003 c ... s 3 (section 3 of this act), 2001 c 328 s 1, 2000 c 209 s 1, 1997 c 376 s 1, & 1994 c 132 s 2;

       (3) RCW 39.10.030 and 1997 c 376 s 2 & 1994 c 132 s 3;

       (4) RCW 39.10.040 and 1994 c 132 s 4;

       (5) RCW 39.10.051 and 2003 c ... s 4 (section 4 of this act), 2002 c 46 s 1, & 2001 c 328 s 2;

       (6) RCW 39.10.061 and 2003 c ... s 5 (section 5 of this act), 2002 c 46 s 2, & 2001 c 328 s 3;

       (7) RCW 39.10.065 and 1997 c 376 s 5;

       (8) RCW 39.10.067 and 2002 c 46 s 3 & 2000 c 209 s 3;

       (9) RCW 39.10.070 and 1994 c 132 s 7;

       (10) RCW 39.10.080 and 1994 c 132 s 8;

       (11) RCW 39.10.090 and 1994 c 132 s 9;

       (12) RCW 39.10.100 and 1994 c 132 s 10;

       (13) RCW 39.10.115 and 2001 c 328 s 4 & 2000 c 209 s 4;

       (14) RCW 39.10.900 and 1994 c 132 s 13; ((and))

       (15) RCW 39.10.901 and 1994 c 132 s 14;

       (16) RCW 39.10.--- and 2003 c ... s 6 (section 6 of this act); and

       (17) RCW 39.10.--- and 2003 c ... s 7 (section 7 of this act)."

       On page 1, line 1 of the title, after "bidding;" strike the remainder of the title and insert "amending RCW 39.10.020, 39.10.051, 39.10.061, and 39.10.902; adding new sections to chapter 39.04 RCW; and adding new sections to chapter 39.10 RCW.", and that the bill do pass as recommended by the Conference Committee.

      Signed by Senators Roach, Benton and Kastama; Representatives Haigh, Armstrong and Kirby.

MOTION

      On motion of Senator Roach, The Report of the Conference Committee on Engrossed Substitute House Bill No. 2056 was adopted.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2056, as recommended by the Conference Committee.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2056, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.

     Absent: Senators Honeyford, Morton and West - 3.

     Excused: Senator Deccio - 1.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The House refuses to recede from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5474, insists on its position and asks the Senate to concur therein., and the same are herewith transmitted.

                                                                                                                                                                  CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Stevens, the Senate refuses to concur in the House amendment(s) to Substitute Senate Bill No. 5474 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL No. 5903 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 72.05 RCW to read as follows:

       (1) It is the intent of the legislature that appropriate treatment services be provided to juvenile offenders in order to achieve rehabilitation. The treatment should be provided at either local detention facilities or at state institutions depending upon which facility best meets the needs of the individual juvenile offender. The legislature recognizes that a consequence of the treatment alternatives established under this act is a reduction in the juvenile rehabilitation administration's institutional population. As a result of a decrease in institutional population it may become necessary to consolidate institutional facilities or services.

       (2) No juvenile rehabilitation administration institution shall be closed without specific authorization in an act of the legislature.

       (3) If a juvenile rehabilitation administration institution is closed by the legislature, the department of corrections shall be prohibited from operating the institution and the institution shall not be used to incarcerate adult offenders.

       Sec. 2. RCW 13.40.0357 and 2002 c 324 s 3 and 2002 c 175 s 20 are each reenacted and amended to read as follows:

¹Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

       1st escape or attempted escape during 12-month period - 4 weeks confinement

       2nd escape or attempted escape during 12-month period - 8 weeks confinement

       3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

²If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

                                                                                         JUVENILE SENTENCING STANDARDS

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, ((or)) C, D, or section 4 of this act.

NOTE: References in the grid to days or weeks mean periods of confinement.

     (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

     (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

     (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

     (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

     (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

                                                                                                                           OR

                                                                                                                    OPTION B                                                                                                                              SUSPENDED DISPOSITION ALTERNATIVE

     (1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee.

     (2) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.

     (3) An offender is ineligible for the suspended disposition option under this section if the offender is:

     (a) Adjudicated of an A+ offense;

     (b) Fourteen years of age or older and is adjudicated of one or more of the following offenses:

     (i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;

     (ii) Manslaughter in the first degree (RCW 9A.32.060); or

     (iii) Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), robbery in the second degree (RCW 9A.56.210), residential burglary (RCW 9A.52.025), burglary in the second degree (RCW 9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110), violation of the uniform controlled substances act (RCW 69.50.401(a)(1) (i) or (ii)), or manslaughter 2 (RCW 9A.32.070), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;

     (c) Ordered to serve a disposition for a firearm violation under RCW 13.40.193; or

     (d) Adjudicated of a sex offense as defined in RCW 9.94A.030.

                                                                                                                           OR

                                                                                                                    OPTION C                                                                                                                              CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

     If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B + offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.

                                                                                                                           OR

                                                                                                               OPTION ((C)) D                                                                                                                              MANIFEST INJUSTICE

If the court determines that a disposition under option A ((or)), B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).

     Sec. 3. RCW 13.40.160 and 2002 c 175 s 22 are each amended to read as follows:

     (1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.

     (a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2), (3), ((and)) (4), or (5) of this section. The disposition may be comprised of one or more local sanctions.

     (b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2), (3), ((and)) (4), and (5) of this section.

     (2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option ((C)) D of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

     A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

     (3) When a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

     The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

     The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

     (a)(i) Frequency and type of contact between the offender and therapist;

     (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

     (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

     (iv) Anticipated length of treatment; and

     (v) Recommended crime-related prohibitions.

     The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

     After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option ((C)) D, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

     (b)(i) Devote time to a specific education, employment, or occupation;

     (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

     (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

     (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

     (v) Report as directed to the court and a probation counselor;

     (vi) Pay all court-ordered legal financial obligations, perform community restitution, or any combination thereof;

     (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense;

     (viii) Comply with the conditions of any court-ordered probation bond; or

     (ix) The court shall order that the offender may not attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings. The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district. The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside. This notice must be sent at the earliest possible date but not later than ten calendar days after entry of the disposition.

     The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

     At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

     Except as provided in this subsection (3), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (3) and the rules adopted by the department of health.

     If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

     For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

     A disposition entered under this subsection (3) is not appealable under RCW 13.40.230.

     (4) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.

     (5) If a juvenile is subject to a commitment of 15 to 65 weeks of confinement, the court may impose the disposition alternative under section 4 of this act.

     (6) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

     (((6))) (7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

     (((7))) (8) Except as provided under subsection (3) ((or)), (4), or (5) of this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.

     (((8))) (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

     NEW SECTION. Sec. 4. A new section is added to chapter 13.40 RCW to read as follows:

     (1) When an offender is subject to a standard range commitment of 15 to 65 weeks, the court may:

     (a) Impose the standard range; or

     (b) Suspend the standard range disposition on condition that the offender complies with the terms of this mental health disposition alternative.

     (2) The court may impose this disposition alternative when the court finds the following:

     (a) The offender has a current diagnosis, consistent with the American psychiatry association diagnostic and statistical manual of mental disorders, of axis I psychiatric disorder, excluding youth that are diagnosed as solely having a conduct disorder, oppositional defiant disorder, substance abuse disorder, paraphilia, or pedophilia;

     (b) An appropriate treatment option is available in the local community;

     (c) The plan for the offender identifies and addresses requirements for successful participation and completion of the treatment intervention program including: Incentives and graduated sanctions designed specifically for amenable youth, including the use of detention, detoxication, and in-patient or outpatient substance abuse treatment and psychiatric hospitalization, and structured community support consisting of mental health providers, probation, educational and vocational advocates, child welfare services, and family and community support. For any mental health treatment ordered for an offender under this section, the treatment option selected shall be chosen from among programs which have been successful in addressing mental health needs of juveniles and successful in mental health treatment of juveniles and identified as research-based best practice programs. A list of programs which meet these criteria shall be agreed upon by: The Washington association of juvenile court administrators, the juvenile rehabilitation administration of the department of social and health services, a representative of the division of public behavioral health and justice policy at the University of Washington, and the Washington institute for public policy. The list of programs shall be created not later than July 1, 2003. The group shall provide the list to all superior courts, its own membership, the legislature, and the governor. The group shall meet annually and revise the list as appropriate; and

     (d) The offender, offender's family, and community will benefit from use of the mental health disposition alternative.

     (3) The court on its own motion may order, or on motion by either party, shall order a comprehensive mental health evaluation to determine if the offender has a designated mental disorder. The court may also order a chemical dependency evaluation to determine if the offender also has a co-occurring chemical dependency disorder. The evaluation shall include at a minimum the following: The offender's version of the facts and the official version of the facts, the offender's offense, an assessment of the offender's mental health and drug-alcohol problems and previous treatment attempts, and the offender's social, criminal, educational, and employment history and living situation.

     (4) The evaluator shall determine if the offender is amenable to research-based treatment. A proposed case management and treatment plan shall include at a minimum:

     (a) The availability of treatment;

     (b) Anticipated length of treatment;

     (c) Whether one or more treatment interventions are proposed and the anticipated sequence of those treatment interventions;

     (d) The education plan;

     (e) The residential plan; and

     (f) The monitoring plan.

     (5) The court on its own motion may order, or on motion by either party, shall order a second mental health or chemical dependency evaluation. The party making the motion shall select the evaluator. The requesting party shall pay the cost of any examination ordered under this subsection and subsection (3) of this section unless the court finds the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.

     (6) Upon receipt of the assessments, evaluations, and reports the court shall consider whether the offender and the community will benefit from use of the mental health disposition alternative. The court shall consider the victim's opinion whether the offender should receive the option.

     (7) If the court determines that the mental health disposition alternative is appropriate, the court shall impose a standard range disposition of not more than 65 weeks, suspend execution of the disposition, and place the offender on community supervision up to one year and impose one or more other local sanctions. Confinement in a secure county detention facility, other than county group homes, inpatient psychiatric treatment facilities, and substance abuse programs, shall be limited to thirty days. As a condition of a suspended disposition, the court shall require the offender to participate in the recommended treatment interventions.

     (8) The treatment providers shall submit monthly reports to the court and parties on the offender's progress in treatment. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, offender's compliance with requirements, treatment activities, medication management, the offender's relative progress in treatment, and any other material specified by the court at the time of the disposition.

     (9) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.

     (10) An offender is ineligible for the mental health disposition option under this section if the offender is adjudicated of a sex or violent offense as defined in RCW 9.94A.030.

     Sec. 5. RCW 13.40.165 and 2002 c 175 s 23 and 2002 c 42 s 1 are each reenacted and amended to read as follows:

     (1) The purpose of this disposition alternative is to ensure that successful treatment options to reduce recidivism are available to eligible youth, pursuant to RCW 70.96A.520. The court must consider eligibility for the chemical dependency disposition alternative when a juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, other than a first time B+ offense under chapter 69.50 RCW. The court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent or substance abusing, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the youth is chemically dependent or substance abusing. The offender shall pay the cost of any examination ordered under this subsection unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.

     (2) The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of drug-alcohol problems and previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.

     (3) The examiner shall assess and report regarding the respondent's relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

     (a) Whether inpatient and/or outpatient treatment is recommended;

     (b) Availability of appropriate treatment;

     (c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

     (d) Anticipated length of treatment; and

     (e) Recommended crime-related prohibitions.

     (4) The court on its own motion may order, or on a motion by the state or the respondent shall order, a second examination. The evaluator shall be selected by the party making the motion. The requesting party shall pay the cost of any examination ordered under this subsection unless the requesting party is the offender and the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.

     (5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependency disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.

     (b) If the court determines that this chemical dependency disposition alternative is appropriate, then the court shall impose the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition above the standard range as indicated in option ((C)) D of RCW 13.40.0357 if the disposition is an increase from the standard range and the confinement of the offender does not exceed a maximum of fifty-two weeks, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community restitution, and payment of legal financial obligations and restitution.

     (6) The drug/alcohol treatment provider shall submit monthly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

     At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

     If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may impose sanctions pursuant to RCW 13.40.200 or revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

     (7) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged.

     (8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

     (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

     (10) A disposition under this section is not appealable under RCW 13.40.230.

     NEW SECTION. Sec. 6. Because model adherence and competent delivery of research-based intervention programs is critical for reducing recidivism, the Washington state institute for public policy shall develop adherence and outcome standards for measuring effectiveness of treatment programs referred to in this act. The standards shall be developed and presented to the governor and legislature no later than January 1, 2004. The standards shall include methods for measuring competent delivery of interventions as well as success factors following treatment. The standards shall include, but not be limited to hiring, training and retaining qualified providers, managing and overseeing the delivery of treatment services, and developing quality assurance measures. The department shall utilize these standards to assess program effectiveness. The courts shall also utilize these standards in determining their continued use of these alternatives. The courts shall not continue to use programs that do not comply with these standards.

     NEW SECTION. Sec. 7. (1) A task force is created for the purpose of examining the coordination of information, education services, and matters of public safety when juvenile offenders are placed into public schools, following their conviction.

     (2) The task force shall be chaired by the superintendent of public instruction and include a representative from the juvenile rehabilitation administration of the department of social and health services, the state board of education, associations which represent school teachers, administrators, and school boards, superior court judges, the Washington association of juvenile court administrators, prosecuting attorneys, the governor, attorneys whose practice includes criminal defense work for juvenile defendants, three groups whose primary purpose is the delivery of services to families and children, and law enforcement. The three groups who deliver services shall be selected by the superintendent of public instruction.

     (3) The task force shall identify specific policies and statutory, administrative, and practice processes and barriers that may operate to impede: (a) The identification and delivery of appropriate and coordinated services to juvenile offenders who are placed in, or returned to public schools following conviction of an offense; and (b) transmittal of information regarding juvenile offenders who are returned to, or placed in, public schools following conviction of an offense. The task force shall recommend specific statutory and administrative changes as it finds appropriate to eliminate or reduce the barriers identified as a result of this subsection (3).

     (4) The task force shall report its findings and recommendations to the governor, the legislature, and the agencies represented on the task force not later than December 1, 2003.

     NEW SECTION. Sec. 8. Sections 6 and 7 of this act expire December 31, 2003.

     NEW SECTION. Sec. 9. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2003, in the omnibus appropriations act, this act is null and void."

     Correct the title., and the same are herewith transmitted.

                                                                                                                                                                  CYNTHIA ZEHNDER, Chief Clerk

MOTION

    On motion of Senator Stevens, the Senate refuses to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5903 and asks the House to recede therefrom.

MOTION

    At 4:21 p.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

    The Senate was called to order at 5:08 p.m. by President Owen.

MESSAGE FROM THE HOUSE

April 17, 2003

MR. PRESIDENT:

    The House has passed SUBSTITUTE SENATE BILL NO. 6012 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. 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. ((At least once every five years the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection (2) of this section)) 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.

     Sec. 2. RCW 90.58.080 and 1995 c 347 s 305 are each amended to read as follows:

     (1) Local governments shall develop or amend((, within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060,)) a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department in accordance with the schedule established by this section.

     (2)(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 Port Townsend, the city of Bellingham, the city of Everett, Snohomish county, and Whatcom county;

     (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 (a)(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 (2) 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 subsection (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 subsection (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 subsection (2)(a)(iii) through (vi) of this section.

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

     (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.

     Sec. 3. RCW 90.58.250 and 1971 ex.s. c 286 s 25 are each amended to read as follows:

     (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 RCW 90.58.080. Except as specifically described herein, nothing in this act is intended to alter the existing obligation, duties, and benefits provided by this act to local governments and the department.

     (2) The department is directed to cooperate fully with local governments in discharging their responsibilities under this chapter. Funds shall be available for distribution to local governments on the basis of applications for preparation of master programs and the provisions of RCW 90.58.080(7). Such applications shall be submitted in accordance with regulations developed by the department. The department is authorized to make and administer grants within appropriations authorized by the legislature to any local government within the state for the purpose of developing a master shorelines program.

     ((No grant shall be made in an amount in excess of the recipient's contribution to the estimated cost of such program.))"

     Correct the title., and the same are herewith transmitted.

                                                                                                                                                                  CYNTHIA ZEHNDER, Chief Clerk

MOTION

    Senator Mulliken moved that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 6012 and asks the House to recede therefrom.

PARLIAMENTARY INQUIRY

    Senator Kline: “A parliamentary inquiry, Mr. President. Under Rule 254 of Reed’s Rules, as I understand it, our ‘no’ motion, or rather our ‘no’ vote, if it is, in fact, a ‘no’ vote on a motion to not concur is in it’s procedural effect a vote to concur. Please confirm or tell me that I am wrong, Mr. President.”

REPLY BY THE PRESIDENT

    President Owen: “Senator Kline, your point is well taken.”

    Senator Kline: “Then, a ‘no’ vote on a motion to not concur is, in effect, a motion to concur. I strongly urge that we vote ‘no’ very clearly. Thank you, Mr. President.”

    Further debate ensued.

    The President declared the question before the Senate to be the motion by Senator Mulliken to not concur in the Senate amendment to Substitute Senate Bill No. 6012 and asks the House to recede therefrom.

    The motion by Senator Mulliken to not concur in the House amendment failed.

    The President declared that, in effect, the Senate has concurred in the House amendment to Substitute Senate Bill No. 6012.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6012, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6012, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, Winsley and Zarelli - 44.

     Voting nay: Senators Honeyford, Morton, Mulliken, Stevens and West - 5.

    SUBSTITUTE SENATE BILL NO. 6012, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

    On motion of Senator Hewitt, Senator Deccio was excused.

MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

    Under suspension of the rules, the House has passed ENGROSSED SENATE BILL NO. 5389 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 4. A new section is added to chapter 59.18 RCW to read as follows:

     (1) For the purpose of this section, "drug and alcohol free housing" requires a rental agreement and means a dwelling in which:

     (a) Each of the dwelling units on the premises is occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery;

     (b) The landlord is a nonprofit corporation incorporated under Title 24 RCW, a corporation for profit incorporated under Title 23B RCW, or a housing authority created under chapter 35.82 RCW, and is providing federally assisted housing as defined in chapter 59.28 RCW;

     (c) The landlord provides:

     (I) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord, and guests;

     (ii) An employee who monitors the tenants for compliance with the requirements of (d) of this subsection;

     (iii) Individual and group support for recovery; and

     (iv) Access to a specified program of recovery; and

     (d) The rental agreement is in writing and includes the following provisions:

     (I) The tenant may not use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, either on or off the premises;

     (ii) The tenant may not allow the tenant's guests to use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, on the premises;

     (iii) The tenant must participate in a program of recovery, which specific program is described in the rental agreement;

     (iv) On at least a quarterly basis the tenant must provide written verification from the tenant's program of recovery that the tenant is participating in the program of recovery and the tenant has not used alcohol or illegal drugs;

     (v) The landlord has the right to require the tenant to take a urine analysis test regarding drug or alcohol usage, at the landlord's discretion and expense; and

     (vi) The landlord has the right to terminate the tenant's tenancy by delivering a three-day notice to terminate with one day to comply, if a tenant living in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription.

     (2) For the purpose of this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol or illegal drugs while living in drug and alcohol free housing. A "program of recovery" includes Alcoholics Anonymous, Narcotics Anonymous, and similar programs.

     (3) If a tenant living for less than two years in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice must specify the acts constituting the drug or alcohol violation and must state that the rental agreement terminates in not less than three days after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within one day after delivery of the notice. If the tenant cures the violation within the one-day period, the rental agreement does not terminate. If the tenant does not cure the violation within the one-day period, the rental agreement terminates as provided in the notice. If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least three days' written notice specifying the violation and the date and time of termination of the rental agreement. The tenant does not have a right to cure this subsequent violation.

     (4) Notwithstanding subsections (1), (2), and (3) of this section, federally assisted housing that is occupied on other than a transient basis by persons who are required to abstain from possession or use of alcohol or drugs as a condition of occupancy and who pay for the use of the housing on a periodic basis, without regard to whether the payment is characterized as rent, program fees, or other fees, costs, or charges, are covered by this chapter unless the living arrangement is exempt under RCW 59.18.040.", and the same are herewith transmitted.

                                                                                                                                                                  CYNTHIA ZEHNDER, Chief Clerk

MOTION

    Senator Benton moved that the Senate concur in the House amendment to Engrossed Senate Bill No. 5389.

    Debate ensued.

    The President declared the question before the Senate to be the motion by Senator Benton that the Senate concur in the House amendment to Engrossed Senate Bill No. 5389.

    The motion by Senator Benton carried and the Senate concurred in the House amendment to Engrossed Senate Bill No. 5389.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5389, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5389, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Absent: Senator Mulliken - 1.

     Excused: Senator Deccio - 1.

    ENGROSSED SENATE BILL NO. 5389, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

April 25, 2003

MR. PRESIDENT:

    The Speaker has signed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1001,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1002,

    SECOND SUBSTITUTE HOUSE BILL NO. 1003,

    SUBSTITUTE HOUSE BILL NO. 1175, 

    HOUSE BILL NO. 1296,

    HOUSE BILL NO. 1351,

    SUBSTITUTE HOUSE BILL NO. 1442,

    HOUSE BILL NO. 1473, 

    SUBSTITUTE HOUSE BILL NO. 1495,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1530,

    HOUSE BILL NO. 1576,

    SUBSTITUTE HOUSE BILL NO. 1634,

    SUBSTITUTE HOUSE BILL NO. 1694,

    SUBSTITUTE HOUSE BILL NO. 1734,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1754,

    SUBSTITUTE HOUSE BILL NO. 1755,

    SUBSTITUTE HOUSE BILL NO. 1826,

    HOUSE BILL NO. 1954,

    ENGROSSED HOUSE BILL NO. 2067,

    HOUSE BILL NO. 2073,

    SUBSTITUTE HOUSE BILL NO. 2094,

    SUBSTITUTE HOUSE BILL NO. 2118,

    SUBSTITUTE HOUSE BILL NO. 2132,

    ENGROSSED HOUSE BILL NO. 2146,

    SUBSTITUTE HOUSE BILL NO. 2196,

    HOUSE JOINT MEMORIAL NO. 4012,

    HOUSE JOINT RESOLUTION NO. 4206, and the same are herewith transmitted.

                                                                                                                                                                  CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

    The President signed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1001,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1002,

    SECOND SUBSTITUTE HOUSE BILL NO. 1003,

    SUBSTITUTE HOUSE BILL NO. 1175, 

    HOUSE BILL NO. 1296,

    HOUSE BILL NO. 1351,

    SUBSTITUTE HOUSE BILL NO. 1442,

    HOUSE BILL NO. 1473, 

    SUBSTITUTE HOUSE BILL NO. 1495,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1530,

    HOUSE BILL NO. 1576,

    SUBSTITUTE HOUSE BILL NO. 1634,

    SUBSTITUTE HOUSE BILL NO. 1694,

    SUBSTITUTE HOUSE BILL NO. 1734,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1754,

    SUBSTITUTE HOUSE BILL NO. 1755,

    SUBSTITUTE HOUSE BILL NO. 1826,

    HOUSE BILL NO. 1954,

    ENGROSSED HOUSE BILL NO. 2067,

    HOUSE BILL NO. 2073,

    SUBSTITUTE HOUSE BILL NO. 2094,

    SUBSTITUTE HOUSE BILL NO. 2118,

    SUBSTITUTE HOUSE BILL NO. 2132,

    ENGROSSED HOUSE BILL NO. 2146,

    SUBSTITUTE HOUSE BILL NO. 2196,

    HOUSE JOINT MEMORIAL NO. 4012,

    HOUSE JOINT RESOLUTION NO. 4206.

MOTION TO LIMIT DEBATE

    Senator Sheahan: “Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be prohibited from yielding their time. This motion shall be in effect through the remainder of the regular session.”

MESSAGE FROM THE HOUSE

April 22, 2003

MR. PRESIDENT:

    The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1163 and requests of the Senate a conference thereon. The Speaker has appointed the following members as conferees: Representatives Murray, Kessler and Ericksen.

                                                                                                                                                                  CYNTHIA ZEHNDER, Chief Clerk

MOTIONS

    On motion of Senator Horn, the Senate refuses to grant the request of the House for a conference on Engrossed Substitute House Bill No. 1163.

    On motion of Senator Horn, the rules were suspended and Engrossed Substitute House Bill No. 1163 was returned to second reading and read the second time.

MOTION

    On motion of Senator Horn, the following striking amendment by Senators Horn and Haugen was adopted:

     Strike everything after the enacting clause and insert the following:

"2003-05 BIENNIUM

     NEW SECTION. Sec. 1. (1) The transportation budget of the state is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2005.

     (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.

     (a) "Fiscal year 2004" or "FY 2004" means the fiscal year ending June 30, 2004.

     (b) "Fiscal year 2005" or "FY 2005" means the fiscal year ending June 30, 2005.

     (c) "FTE" means full-time equivalent.

     (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.

     (e) "Provided solely" means the specified amount may be spent only for the specified purpose.