SIXTY SIXTH DAY

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MORNING SESSION

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House Chamber, Olympia, Wednesday, March 14, 2001

 

             The House was called to order at 10:00 a.m. by Speaker Ballard. The Clerk called the roll and a quorum was present.

 

             Prayer was offered by Representative John Lovick.

 

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

 

SPEAKER'S PRIVILEGE

 

             Speaker Ballard took a moment of personal privilege to thank the House's Administrative Staff on the outstanding job they did getting the House up and running after the February 28th earthquake. He asked the Chamber to acknowledge them.

 

MESSAGES FROM THE SENATE

March 13, 2001

Mr. Speakers:

 

             The Senate passed:

SENATE BILL NO. 5022,

SUBSTITUTE SENATE BILL NO. 5100,

SUBSTITUTE SENATE BILL NO. 5104,

SUBSTITUTE SENATE BILL NO. 5166,

SUBSTITUTE SENATE BILL NO. 5182,

SUBSTITUTE SENATE BILL NO. 5274,

SUBSTITUTE SENATE BILL NO. 5355,

SENATE BILL NO. 5373,

SUBSTITUTE SENATE BILL NO. 5401,

SENATE BILL NO. 5437,

SUBSTITUTE SENATE BILL NO. 5484,

SENATE BILL NO. 5493,

SENATE BILL NO. 5513,

ENGROSSED SENATE BILL NO. 5570,

SUBSTITUTE SENATE BILL NO. 5638,

SUBSTITUTE SENATE BILL NO. 5679,

SUBSTITUTE SENATE BILL NO. 5681,

SUBSTITUTE SENATE BILL NO. 5733,

SUBSTITUTE SENATE BILL NO. 5776,

SUBSTITUTE SENATE BILL NO. 5793,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5877,

SUBSTITUTE SENATE BILL NO. 5880,

SENATE BILL NO. 5886,

SUBSTITUTE SENATE BILL NO. 5896,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5904,

SUBSTITUTE SENATE BILL NO. 5958,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5995,

SENATE BILL NO. 6022,

SUBSTITUTE SENATE BILL NO. 6035,

SUBSTITUTE SENATE BILL NO. 6037,

SECOND SUBSTITUTE SENATE JOINT RESOLUTION NO. 8206,

and the same are herewith transmitted.

Tony M. Cook, Secretary

 

March 13, 2001

Mr. Speakers:

 

             The Senate passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5060,

SENATE BILL NO. 5063,

SUBSTITUTE SENATE BILL NO. 5101,

SUBSTITUTE SENATE BILL NO. 5211,

SUBSTITUTE SENATE BILL NO. 5255,

SUBSTITUTE SENATE BILL NO. 5309,

SENATE BILL NO. 5333,

ENGROSSED SENATE BILL NO. 5394,

SENATE BILL NO. 5430,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5449,

SENATE BILL NO. 5451,

ENGROSSED SENATE BILL NO. 5495,

SUBSTITUTE SENATE BILL NO. 5537,

SUBSTITUTE SENATE BILL NO. 5543,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5566,

SUBSTITUTE SENATE BILL NO. 5586,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5593,

SENATE BILL NO. 5624,

SENATE BILL NO. 5633,

SUBSTITUTE SENATE BILL NO. 5637,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5674,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5703,

SENATE BILL NO. 5735,

SUBSTITUTE SENATE BILL NO. 5777,

ENGROSSED SENATE BILL NO. 5790,

SUBSTITUTE SENATE BILL NO. 5792,

SENATE BILL NO. 5829,

SUBSTITUTE SENATE BILL NO. 5837,

SUBSTITUTE SENATE BILL NO. 5905,

SECOND SUBSTITUTE SENATE BILL NO. 5909,

SUBSTITUTE SENATE BILL NO. 5910,

SUBSTITUTE SENATE BILL NO. 5925,

SUBSTITUTE SENATE BILL NO. 5946,

SUBSTITUTE SENATE BILL NO. 5965,

SENATE JOINT MEMORIAL NO. 8008,

ENGROSSED SENATE JOINT RESOLUTION NO. 8208,

and the same are herewith transmitted.

Tony M. Cook, Secretary

 

SECOND READING

 

             HOUSE BILL NO. 1365 by Representatives Doumit, Pflug, Tokuda, Boldt, Pennington, Rockefeller, Hatfield, Eickmeyer, Campbell, Edwards, Cairnes, Murray, Cody, Jackley, Mastin, Kirby, Buck, Kessler, Chopp, McIntire, Grant, Morris, Lisk, Ruderman, Van Luven, Kenney, Conway, Kagi and Schual-Berke

 

             Requiring the department of health to publicize a list of recalled infant and child products.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 1365 was substituted for House Bill No. 1365 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 1365 was read the second time.

 

             Speaker Ballard announced that House Bill No. 1365 was co-prime sponsored by Representatives Doumit and Pflug.

 

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

 

             Representatives Doumit, Pflug, Pennington, Hatfield and Van Luven spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 1365.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute House Bill No. 1365 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 98.

 

             Substitute House Bill No. 1365, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1394 by Representatives Eickmeyer, Schoesler, Rockefeller, Sump, Jackley, Kessler, Cox and Dunshee

 

             Clarifying the use of county road funds in salmon recovery projects.

 

             The bill was read the second time.

 

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

 

             Representative Eickmeyer spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of House Bill No. 1394.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of House Bill No. 1394 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 98.

 

             House Bill No. 1394, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1545 by Representatives Lantz, Esser, Carrell and Cody

 

             Regulating nonprofit organizations.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 1545 was substituted for House Bill No. 1545 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 1545 was read the second time.

 

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

 

             Representatives Lantz and Esser spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 1545.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute House Bill No. 1545 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 98.

 

             Substitute House Bill No. 1545, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1763 by Representatives McIntire, Bush, Keiser and Ogden

 

             Protecting the confidentiality of information relating to insurance.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 1763 was substituted for House Bill No. 1763 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 1763 was read the second time.

 

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

 

             Representative McIntire spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 1763.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute House Bill No. 1763 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, and McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 98.

 

             Substitute House Bill No. 1763, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1092 by Representatives Lambert, Miloscia, Talcott, Pearson, Cairnes, Boldt, Anderson, Schmidt, Simpson, Bush and Mielke

 

             Changing the property tax exemption for church and church camp property.

 

             The bill was read the second time.

 

             Speaker Ballard announced that House Bill No. 1092 was co-prime sponsored by Representatives Lambert and Miloscia.

 

             With the consent of the House, amendment (067) was withdrawn.

 

             Representative Ruderman moved the adoption of the following amendment (084):

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 84.36.020 and 1994 c 124 s 16 are each amended to read as follows:

             The following real and personal property shall be exempt from taxation:

             All lands, buildings, and personal property required for necessary administration and maintenance, used, or to the extent used, exclusively for public burying grounds or cemeteries without discrimination as to race, color, national origin or ancestry;

             All churches, cathedrals, synagogues, temples, mosques, and other places of assembly for religious exercise purposes, personal property, and the ground, not exceeding ((five)) twenty acres in area, upon which a church ((of any nonprofit recognized religious denomination)), cathedral, synagogue, temple, mosque, or other place of assembly for religious exercise purposes is or shall be built, together with a parsonage, or other clergy residence, convent, or other religious community residence, and buildings and improvements required for the maintenance and safeguarding of such property. The area exempted shall in any case include all ground covered by the church, cathedrals, synagogues, temples, mosques, and other place of assembly for religious exercise purposes, parsonage, or other clergy residence, convent, or other religious community residence, and buildings and improvements required for the maintenance and safeguarding of such property and the structures and ground necessary for street access, parking, light, and ventilation, but the area of unoccupied ground exempted in such cases, in connection with the church, cathedral, synagogue, temple, mosque, or other place of assembly for religious exercise purposes, parsonage, or other clergy residence, convent, or other religious community residence, and buildings and improvements required for the maintenance and safeguarding of such property, shall not exceed the equivalent of one ((hundred twenty by one hundred twenty feet)) and one-third acres except where additional unoccupied land may be required to conform with state or local codes, zoning, or licensing requirements. The parsonage, or other clergy residence, and convent, or other religious community residence, need not be on land contiguous to the church ((property)), cathedral, synagogue, temple, mosque, or other place of assembly for religious exercise purposes. To be exempt the property must be wholly used for ((church)) religious exercise purposes: PROVIDED, That the loan or rental of property otherwise exempt under this paragraph to a nonprofit organization, association, or corporation, or school for use for an eleemosynary activity shall not nullify the exemption provided in this paragraph if the rental income, if any, is reasonable and is devoted solely to the operation and maintenance of the property.

 

             Sec. 2. RCW 84.36.030 and 1993 c 327 s 2 are each amended to read as follows:

             The following real and personal property shall be exempt from taxation:

             (1) Property owned by nonprofit organizations or associations, organized and conducted for nonsectarian purposes, which shall be used for character-building, benevolent, protective or rehabilitative social services directed at persons of all ages. The sale of donated merchandise shall not be considered a commercial use of the property under this section if the proceeds are devoted to the furtherance of the purposes of the selling organization or association as specified in this paragraph.

             (2) Property owned by any nonprofit ((church)) religious organization, denomination, or group of ((churches)) religious organizations, or ((an)) any organization or association, the membership of which is comprised solely of ((churches)) nonprofit religious organizations or their qualified representatives, which is utilized as a camp facility if used for organized and supervised recreational activities and ((church)) religious exercise purposes as related to such camp facilities. The exemption provided by this paragraph shall apply to a maximum of ((two)) four hundred acres of any such camp as selected by the ((church)) religious organization, including buildings and other improvements thereon.

             (3) Property, including buildings and improvements required for the maintenance and safeguarding of such property, owned by nonprofit organizations or associations engaged in character building of boys and girls under eighteen years of age, and used for such purposes and uses, provided such purposes and uses are for the general public good: PROVIDED, That if existing charters provide that organizations or associations, which would otherwise qualify under the provisions of this paragraph, serve boys and girls up to the age of twenty-one years, then such organizations or associations shall be deemed qualified pursuant to this section.

             (4) Property owned by all organizations and societies of veterans of any war of the United States, recognized as such by the department of defense, which shall have national charters, and which shall have for their general purposes and objects the preservation of the memories and associations incident to their war service and the consecration of the efforts of their members to mutual helpfulness and to patriotic and community service to state and nation. To be exempt such property must be used in such manner as may be reasonably necessary to carry out the purposes and objects of such societies.

             The use of the property for pecuniary gain or to promote business activities, except as provided in this subsection (4), nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified by:

             (a) The collection of rent or donations if the amount is reasonable and does not exceed maintenance and operation expenses.

             (b) Fund-raising activities conducted by a nonprofit organization.

             (c) The use of the property for pecuniary gain for periods of not more than three days in a year.

             (d) An inadvertent use of the property in a manner inconsistent with the purpose for which exemption is granted, if the inadvertent use is not part of a pattern of use. A pattern of use is presumed when an inadvertent use is repeated in the same assessment year or in two or more successive assessment years.

             (5) Property owned by all corporations, incorporated under any act of congress, whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same.

             (6) Property owned by nonprofit organizations exempt from federal income tax under section 501(c)(3) of the internal revenue code of 1954, as amended, that are guarantee agencies under the federal guaranteed student loan program or that issue debt to provide or acquire student loans.

             (7) To be exempt under this section, the property must be used exclusively for the purposes for which exemption is granted, except as provided in RCW 84.36.805.

 

             Sec. 3. RCW 84.36.800 and 1998 c 311 s 24 are each amended to read as follows:

             As used in this chapter:

             (1) "((Church)) Religious exercise purposes" means the use of real and personal property owned by a nonprofit religious organization for religious worship or related administrative, educational, eleemosynary, and social activities. This definition is to be broadly construed;

             (2) "Convent or other religious community residence" means a house or set of buildings occupied by a community of clergy or nuns devoted to religious life under a superior;

             (3) "Hospital" means any portion of a hospital building, or other buildings in connection therewith, used as a residence for persons engaged or employed in the operation of a hospital, or operated as a portion of the hospital unit;

             (4) "Nonprofit" means an organization, association or corporation no part of the income of which is paid directly or indirectly to its members, stockholders, officers, directors or trustees except in the form of services rendered by the organization, association, or corporation in accordance with its purposes and bylaws and the salary or compensation paid to officers of such organization, association or corporation is for actual services rendered and compares to the salary or compensation of like positions within the public services of the state;

             (5) "Parsonage or other clergy residence" means a residence occupied by a member of the clergy who has been designated for a particular congregation and who holds regular services ((therefor));

             (6) "Place of assembly for religious exercise purposes" means real and personal property owned by a nonprofit religious organization and used for religious exercise purposes.

 

             NEW SECTION. Sec. 4. This act applies to taxes levied for collection in 2002 and thereafter."

 

             Correct the title.

 

             Representatives Ruderman and Lambert spoke in favor of adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

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

 

             Representatives Lambert and Miloscia spoke in favor of passage of the bill.

 

             Representative Quall spoke against passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Engrossed House Bill No. 1092.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed House Bill No. 1092 and the bill passed the House by the following vote: Yeas - 79, Nays - 19, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dunn, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fromhold, Grant, Haigh, Hankins, Hatfield, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, O'Brien, Ogden, Pearson, Pennington, Pflug, Reardon, Roach, Ruderman, Santos, Schindler, Schmidt, Schoesler, Sehlin, Simpson, Skinner, Sump, Talcott, Van Luven, Woods, Speaker Ballard, and Speaker Chopp- 79.

             Voting nay: Representatives Cody, Dickerson, Doumit, Eickmeyer, Fisher, Gombosky, Hunt, Kenney, McIntire, Murray, Poulsen, Quall, Rockefeller, Romero, Schual-Berke, Sommers, Tokuda, Veloria, and Wood - 19.

 

             Engrossed House Bill No. 1092, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1739 by Representatives Bush, Schmidt, Romero, Miloscia, Anderson, Campbell, Talcott, Esser and Casada

 

             Protecting the integrity of elections.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 1739 was substituted for House Bill No. 1739 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 1739 was read the second time.

 

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

 

             Representatives Bush and Romero spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 1739.

 

             There being no objection, Representative Mitchell and Speaker Chopp were excused.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute House Bill No. 1739 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Ballard - 96.

             Excused: Representatives Mitchell and Speaker Chopp - 2.

 

             Substitute House Bill No. 1739, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1606 by Representatives Clements, Crouse, B. Chandler, G. Chandler, Schoesler and Lisk

 

             Crediting certain charges for irrigation pumping installations.

 

             The bill was read the second time.

 

             Representative Clements moved the adoption of the following amendment (075):

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. A new section is added to chapter 80.28 RCW to read as follows:

             Upon request by an electrical company, the commission may approve a tariff for irrigation pumping service that allows the company to buy back electricity from customers to reduce electricity usage by those customers during the electrical company's particular irrigation season.

 

             NEW SECTION. Sec. 2. A new section is added to chapter 54.16 RCW to read as follows:

             The commission may approve a tariff for irrigation pumping service that allows the district to buy back electricity from customers to reduce electricity usage by those customers during the district's particular irrigation season.

 

             NEW SECTION. Sec. 3. A new section is added to chapter 35.92 RCW to read as follows:

             The council or board may approve a tariff for irrigation pumping service that allows the municipal utility to buy back electricity from customers to reduce electricity usage by those customers during the municipal utility's particular irrigation season.

 

             NEW SECTION. Sec. 4. A new section is added to chapter 23.86 RCW to read as follows:

             The board may approve a tariff for irrigation pumping service that allows the locally regulated utility to buy back electricity from customers to reduce electricity usage by those customers during the locally regulated utility's particular irrigation season.

 

             NEW SECTION. Sec. 5. A new section is added to chapter 24.06 RCW to read as follows:

             The board may approve a tariff for irrigation pumping service that allows the locally regulated utility to buy back electricity from customers to reduce electricity usage by those customers during the locally regulated utility's particular irrigation season.

 

             NEW SECTION. Sec. 6. A new section is added to chapter 87.03 RCW to read as follows:

             The board may approve a tariff for irrigation pumping service that allows the irrigation district to buy back electricity from customers to reduce electricity usage by those customers during the irrigation district's particular irrigation season.

 

             NEW SECTION. Sec. 7. 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 immediately."

 

             Correct the title.

 

             Representatives Clements, Poulsen and Morris spoke in favor of adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

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

 

             Speaker Ballard stated the question before the House to be the final passage of Engrossed House Bill No. 1606.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed House Bill No. 1606 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 98.

 

             Engrossed House Bill No. 1606, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1781 by Representatives Sommers, Sehlin, Clements, Conway and Kenney

 

             Making payment of agency commissions for agency liquor vendor stores.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 1781 was substituted for House Bill No. 1781 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 1781 was read the second time.

 

             Representative Delvin moved the adoption of the following amendment (077):

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 66.04.010 and 2000 c 142 s 1 are each amended to read as follows:

             In this title, unless the context otherwise requires:

             (1) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. The term "alcohol" does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements, and machines or implements of husbandry.

             (2) "Beer" means any malt beverage or malt liquor as these terms are defined in this chapter.

             (3) "Beer distributor" means a person who buys beer from a brewer or brewery located either within or beyond the boundaries of the state, beer importers, or foreign produced beer from a source outside the state of Washington, for the purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent.

             (4) "Beer importer" means a person or business within Washington who purchases beer from a United States brewery holding a certificate of approval (B5) or foreign produced beer from a source outside the state of Washington for the purpose of selling the same pursuant to this title.

             (5) "Brewer" means any person engaged in the business of manufacturing beer and malt liquor. Brewer includes a brand owner of malt beverages who holds a brewer's notice with the federal bureau of alcohol, tobacco, and firearms at a location outside the state and whose malt beverage is contract-produced by a licensed in-state brewery, and who may exercise within the state, under a domestic brewery license, only the privileges of storing, selling to licensed beer distributors, and exporting beer from the state.

             (6) "Board" means the liquor control board, constituted under this title.

             (7) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for pecuniary gain.

             (8) "Consume" includes the putting of liquor to any use, whether by drinking or otherwise.

             (9) "Dentist" means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.32 RCW.

             (10) "Distiller" means a person engaged in the business of distilling spirits.

             (11) "Domestic brewery" means a place where beer and malt liquor are manufactured or produced by a brewer within the state.

             (12) "Domestic winery" means a place where wines are manufactured or produced within the state of Washington.

             (13) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical chemistry pursuant to chapter 18.64 RCW.

             (14) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and employs a registered pharmacist during all hours the drug store is open.

             (15) "Employee" means any person employed by the board((, including a vendor, as hereinafter in this section defined)).

             (16) "Fund" means 'liquor revolving fund.'

             (17) "Hotel" means every building or other structure kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty or more rooms are used for the sleeping accommodation of such transient guests and having one or more dining rooms where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in the same building and buildings, in connection therewith, and such structure or structures being provided, in the judgment of the board, with adequate and sanitary kitchen and dining room equipment and capacity, for preparing, cooking and serving suitable food for its guests: PROVIDED FURTHER, That in cities and towns of less than five thousand population, the board shall have authority to waive the provisions requiring twenty or more rooms.

             (18) "Importer" means a person who buys distilled spirits from a distillery outside the state of Washington and imports such spirituous liquor into the state for sale to ((the board)) an agency liquor vendor or for export.

             (19) "Imprisonment" means confinement in the county jail.

             (20) "Liquor" includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products that contain one percent or less of alcohol by weight.

             (21) "Manufacturer" means a person engaged in the preparation of liquor for sale, in any form whatsoever.

             (22) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For the purposes of this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."

             (23) "Package" means any container or receptacle used for holding liquor.

             (24) "Permit" means a permit for the purchase of liquor under this title.

             (25) "Person" means an individual, copartnership, association, or corporation.

             (26) "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.71 RCW.

             (27) "Prescription" means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to this title for medicinal purposes.

             (28) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

             (29) "Regulations" means regulations made by the board under the powers conferred by this title.

             (30) "Restaurant" means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.

             (31) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine by any person to any person; and also include a sale or selling within the state to a foreign consignee or his agent in the state. "Sale" and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the board to a person not licensed by the board, for personal use only. "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the nonprofit organization conducting the raffle has obtained the appropriate permit from the board.

             (32) "Soda fountain" means a place especially equipped with apparatus for the purpose of dispensing soft drinks, whether mixed or otherwise.

             (33) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.

             (34) (("Store" means a state liquor store established under this title.

             (35))) "Tavern" means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.

             (((36))) (35) "Vendor" means ((a person employed by the board as a store manager under this title)) an agency liquor vendor store licensed by the board to sell liquor at retail.

             (((37))) (36) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.

             (((38))) (37) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. For purposes of this title, any beverage containing no more than fourteen percent of alcohol by volume when bottled or packaged by the manufacturer shall be referred to as "table wine," and any beverage containing alcohol in an amount more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified wine." However, "fortified wine" shall not include: (a) Wines that are both sealed or capped by cork closure and aged two years or more; and (b) wines that contain more than fourteen percent alcohol by volume solely as a result of the natural fermentation process and that have not been produced with the addition of wine spirits, brandy, or alcohol.

             This subsection shall not be interpreted to require that any wine be labeled with the designation "table wine" or "fortified wine."

             (((39))) (38) "Wine distributor" means a person who buys wine from a vintner or winery located either within or beyond the boundaries of the state for the purpose of selling the same not in violation of this title, or who represents such vintner or winery as agent.

             (((40))) (39) "Wine importer" means a person or business within Washington who purchases wine from a United States winery holding a certificate of approval (W7) or foreign produced wine from a source outside the state of Washington for the purpose of selling the same pursuant to this title.

 

             Sec. 2. RCW 66.08.020 and 1933 ex.s. c 62 s 5 are each amended to read as follows:

             The administration of this title((, including the general control, management and supervision of all liquor stores,)) shall be vested in the liquor control board, constituted under this title.

             Sec. 3. RCW 66.08.026 and 1998 c 265 s 2 are each amended to read as follows:

             All administrative expenses of the board incurred on and after April 1, 1963 shall be appropriated and paid from the liquor revolving fund. These administrative expenses shall include, but not be limited to: The salaries and expenses of the board and its employees, ((the cost of establishing, leasing, maintaining, and operating state liquor stores and warehouses,)) legal services, pilot projects, annual or other audits, and other general costs of conducting the business of the board((, and the costs of supplying, installing, and maintaining equipment used in state liquor stores and agency liquor vendor stores for the purchase of liquor by nonlicensees using debit or credit cards)). The administrative expenses shall not, however, be deemed to include ((costs of liquor and lottery tickets purchased, the cost of transportation and delivery to the point of distribution, other costs pertaining to the acquisition and receipt of liquor and lottery tickets, packaging and repackaging of liquor, transaction fees associated with credit or debit card purchases for liquor in state liquor stores and in the stores of agency liquor vendors pursuant to RCW 66.16.040 and 66.16.041,)) agency commissions for agency liquor vendor stores, sales tax, and those amounts distributed pursuant to RCW 66.08.180, 66.08.190, 66.08.200, 66.08.210 and 66.08.220. Agency commissions for agency liquor vendor stores shall be established by the liquor control board after consultation with and approval by the director of the office of financial management. All expenditures and payment of obligations authorized by this section are subject to the allotment requirements of chapter 43.88 RCW.

 

             Sec. 4. RCW 66.08.030 and 1977 ex.s. c 115 s 1 are each amended to read as follows:

             (1) For the purpose of carrying into effect the provisions of this title according to their true intent or of supplying any deficiency therein, the board may make such regulations not inconsistent with the spirit of this title as are deemed necessary or advisable. All regulations so made shall be a public record and shall be filed in the office of the code reviser, and thereupon shall have the same force and effect as if incorporated in this title. Such regulations, together with a copy of this title, shall be published in pamphlets and shall be distributed as directed by the board.

             (2) Without thereby limiting the generality of the provisions contained in subsection (1), it is declared that the power of the board to make regulations in the manner set out in that subsection shall extend to:

             (a) ((regulating the equipment and management of stores and warehouses in which state liquor is sold or kept, and prescribing the books and records to be kept therein and the reports to be made thereon to the board;

             (b))) Prescribing the duties of the employees of the board, and regulating their conduct in the discharge of their duties;

             (((c) governing the purchase of liquor by the state and the furnishing of liquor to stores established under this title;

             (d) determining the classes, varieties, and brands of liquor to be kept for sale at any store;

             (e))) (b) Prescribing((, subject to RCW 66.16.080,)) the hours during which ((the state liquor stores shall be kept open for the sale of)) agency liquor vendors may sell liquor;

             (((f) providing for the issuing and distributing of price lists showing the price to be paid by purchasers for each variety of liquor kept for sale under this title;

             (g) prescribing an official seal and official labels and stamps and determining the manner in which they shall be attached to every package of liquor sold or sealed under this title, including the prescribing of different official seals or different official labels for different classes of liquor;

             (h) providing for the payment by the board in whole or in part of the carrying charges on liquor shipped by freight or express;

             (i))) (c) Prescribing forms to be used for purposes of this title or the regulations, and the terms and conditions to be contained in permits and licenses issued under this title;

             (((j))) (d) Prescribing the fees payable in respect of permits and licenses issued under this title for which no fees are prescribed in this title, and prescribing the fees for anything done or permitted to be done under the regulations;

             (((k))) (e) Prescribing the kinds and quantities of liquor which may be kept on hand by the holder of a special permit for the purposes named in the permit, regulating the manner in which the same shall be kept and disposed of, and providing for the inspection of the same at any time at the instance of the board;

             (((l))) (f) Regulating the sale of liquor kept by the holders of licenses which entitle the holder to purchase and keep liquor for sale;

             (((m))) (g) Prescribing the records of purchases or sales of liquor kept by the holders of licenses, and the reports to be made thereon to the board, and providing for inspection of the records so kept;

             (((n))) (h) Prescribing the kinds and quantities of liquor for which a prescription may be given, and the number of prescriptions which may be given to the same patient within a stated period;

             (((o))) (i) Prescribing the manner of giving and serving notices required by this title or the regulations, where not otherwise provided for in this title;

             (((p))) (j) Regulating premises in which liquor is kept for export from the state, or from which liquor is exported, prescribing the books and records to be kept therein and the reports to be made thereon to the board, and providing for the inspection of the premises and the books, records and the liquor so kept;

             (((q))) (k) Prescribing the conditions and qualifications requisite for the obtaining of club licenses and the books and records to be kept and the returns to be made by clubs, prescribing the manner of licensing clubs in any municipality or other locality, and providing for the inspection of clubs;

             (((r))) (l) Prescribing the conditions, accommodations and qualifications requisite for the obtaining of licenses to sell beer ((and)), wines, and spirits, and regulating the sale of beer ((and)), wines ((thereunder)), and spirits;

             (((s))) (m) Specifying and regulating the time and periods when, and the manner, methods and means by which manufacturers shall deliver liquor within the state; and the time and periods when, and the manner, methods and means by which liquor may lawfully be conveyed or carried within the state;

             (((t))) (n) Providing for the making of returns by brewers of their sales of beer shipped within the state, or from the state, showing the gross amount of such sales and providing for the inspection of brewers' books and records, and for the checking of the accuracy of any such returns;

             (((u))) (o) Providing for the making of returns by the ((wholesalers)) distributors of beer whose breweries are located beyond the boundaries of the state;

             (((v))) (p) Providing for the making of returns by any other liquor manufacturers, showing the gross amount of liquor produced or purchased, the amount sold within and exported from the state, and to whom so sold or exported, and providing for the inspection of the premises of any such liquor manufacturers, their books and records, and for the checking of any such return;

             (((w))) (q) Providing for the giving of fidelity bonds by any or all of the employees of the board: PROVIDED, That the premiums therefor shall be paid by the board;

             (((x))) (r) Providing for the shipment by mail or common carrier of liquor to any person holding a permit and residing in any unit which has by election pursuant to this title, prohibited the sale of liquor therein;

             (((y))) (s) Prescribing methods of manufacture, conditions of sanitation, standards of ingredients, quality and identity of alcoholic beverages manufactured, sold, bottled, or handled by licensees ((and the board)); and conducting from time to time, in the interest of the public health and general welfare, scientific studies and research relating to alcoholic beverages and the use and effect thereof;

             (((z))) (t) Seizing, confiscating and destroying all alcoholic beverages manufactured, sold or offered for sale within this state which do not conform in all respects to the standards prescribed by this title or the regulations of the board: PROVIDED, Nothing herein contained shall be construed as authorizing the liquor board to prescribe, alter, limit or in any way change the present law as to the quantity or percentage of alcohol used in the manufacturing of wine or other alcoholic beverages.

 

             Sec. 5. RCW 66.08.050 and 1997 c 228 s 1 are each amended to read as follows:

             The board, subject to the provisions of this title and the rules, shall:

             (1) ((Determine the localities within which state liquor stores shall be established throughout the state, and the number and situation of the stores within each locality;

             (2) Appoint in cities and towns and other communities, in which no state liquor store is located, liquor vendors. In addition, the board may appoint, in its discretion, a manufacturer that also manufactures liquor products other than wine under a license under this title, as a vendor for the purpose of sale of liquor products of its own manufacture on the licensed premises only. Such liquor vendors shall be agents of the board and be authorized to sell liquor to such persons, firms or corporations as provided for the sale of liquor from a state liquor store, and such vendors shall be subject to such additional rules and regulations consistent with this title as the board may require;

             (3) Establish all necessary warehouses for the storing and bottling, diluting and rectifying of stocks of liquors for the purposes of this title;

             (4) Provide for the leasing for periods not to exceed ten years of all premises required for the conduct of the business; and for remodeling the same, and the procuring of their furnishings, fixtures, and supplies; and for obtaining options of renewal of such leases by the lessee. The terms of such leases in all other respects shall be subject to the direction of the board;

             (5) Determine the nature, form and capacity of all packages to be used for containing liquor kept for sale under this title;

             (6))) Execute or cause to be executed, all contracts, papers, and documents in the name of the board, under such regulations as the board may fix;

             (((7))) (2) Pay all customs, duties, excises, charges and obligations whatsoever relating to the business of the board;

             (((8))) (3) Require bonds from all employees in the discretion of the board, and to determine the amount of fidelity bond of each such employee;

             (((9) Perform services for the state lottery commission to such extent, and for such compensation, as may be mutually agreed upon between the board and the commission;

             (10))) (4) Accept and deposit into the general fund-local account and disburse, subject to appropriation, federal grants or other funds or donations from any source for the purpose of improving public awareness of the health risks associated with alcohol consumption by youth and the abuse of alcohol by adults in Washington state. The board's alcohol awareness program shall cooperate with federal and state agencies, interested organizations, and individuals to effect an active public beverage alcohol awareness program;

             (((11))) (5) Perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this title, and shall have full power to do each and every act necessary to the conduct of its business, including all buying, selling, preparation and approval of forms, and every other function of the business whatsoever, subject only to audit by the state auditor: PROVIDED, That the board shall have no authority to regulate the content of spoken language on licensed premises where wine and other liquors are served and where there is not a clear and present danger of disorderly conduct being provoked by such language.

             Sec. 6. RCW 66.08.090 and 1933 ex.s. c 62 s 31 are each amended to read as follows:

             No employee shall sell liquor in any ((other)) place, nor at any other time, nor otherwise than as authorized by the board under this title and the regulations.

 

             Sec. 7. RCW 66.08.095 and 1993 c 26 s 3 are each amended to read as follows:

             The liquor control board may provide ((liquor)) at no charge((, including)) liquor forfeited under chapter 66.32 RCW((,)) to recognized law enforcement agencies within the state when the law enforcement agency will be using the liquor for bona fide law enforcement training or investigation purposes.

 

             Sec. 8. RCW 66.12.110 and 1999 c 281 s 3 are each amended to read as follows:

             A person twenty-one years of age or over may bring into the state from without the United States, free of tax ((and markup)), for his or her personal or household use such alcoholic beverages as have been declared and permitted to enter the United States duty free under federal law.

             Such entry of alcoholic beverages in excess of that herein provided may be authorized by the board upon payment of an equivalent ((markup and)) tax as would be applicable to the purchase of the same or similar liquor at retail from ((a Washington state)) an agency liquor ((store)) vendor. The board shall adopt appropriate regulations pursuant to chapter 34.05 RCW for the purpose of carrying out the provisions of this section. The board may issue a spirits, beer, and wine private club license to a charitable or nonprofit corporation of the state of Washington, the majority of the officers and directors of which are United States citizens and the minority of the officers and directors of which are citizens of the Dominion of Canada, and where the location of the premises for such spirits, beer, and wine private club license is not more than ten miles south of the border between the United States and the province of British Columbia.

 

             Sec. 9. RCW 66.12.120 and 1995 c 100 s 1 are each amended to read as follows:

             Notwithstanding any other provision of Title 66 RCW, a person twenty-one years of age or over may, free of tax ((and markup)), for personal or household use, bring into the state of Washington from another state no more than once per calendar month up to two liters of spirits or wine or two hundred eighty-eight ounces of beer. Additionally, such person may be authorized by the board to bring into the state of Washington from another state a reasonable amount of alcoholic beverages in excess of that provided in this section for personal or household use only upon payment of an equivalent ((markup and)) tax as would be applicable to the purchase of the same or similar liquor at retail from ((a state)) an agency liquor ((store)) vendor. The board shall adopt appropriate regulations pursuant to chapter 34.05 RCW for the purpose of carrying into effect the provisions of this section.

 

             Sec. 10. RCW 66.12.140 and 1982 c 85 s 8 are each amended to read as follows:

             (1) Nothing in this title shall prevent the use of beer, wine, and/or spirituous liquor, for cooking purposes only, in conjunction with a culinary or restaurant course offered by a college, university, community college, area vocational technical institute, or private vocational school. Further, nothing in this title shall prohibit the making of beer or wine in food fermentation courses offered by a college, university, community college, area vocational technical institute, or private vocational school.

             (2) "Culinary or restaurant course" as used in this section means a course of instruction which includes practical experience in food preparation under the supervision of an instructor who is twenty-one years of age or older.

             (3) Persons under twenty-one years of age participating in culinary or restaurant courses may handle beer, wine, or spirituous liquor for purposes of participating in the courses, but nothing in this section shall be construed to authorize consumption of liquor by persons under twenty-one years of age or to authorize possession of liquor by persons under twenty-one years of age at any time or place other than while preparing food under the supervision of the course instructor.

             (4) Beer, wine, and/or spirituous liquor to be used in culinary or restaurant courses shall be purchased at retail from ((the board or)) a retailer licensed under this title. All such liquor shall be securely stored in the food preparation area and shall not be displayed in an area open to the general public.

             (5) Colleges, universities, community colleges, area vocational technical institutes, and private vocational schools shall obtain the prior written approval of the board for use of beer, wine, and/or spirituous liquor for cooking purposes in their culinary or restaurant courses.

 

             Sec. 11. RCW 66.16.040 and 1996 c 291 s 1 are each amended to read as follows:

             Except as otherwise provided by law, an employee ((in a state)) of an agency liquor ((store or agency)) vendor may sell liquor to any person of legal age to purchase alcoholic beverages and may also sell to holders of permits such liquor as may be purchased under such permits.

             Where there may be a question of a person's right to purchase liquor by reason of age, such person shall be required to present any one of the following officially issued cards of identification which shows his/her correct age and bears his/her signature and photograph:

             (1) Liquor control authority card of identification of any state or province of Canada.

             (2) Driver's license, instruction permit or identification card of any state or province of Canada, or "identicard" issued by the Washington state department of licensing pursuant to RCW 46.20.117.

             (3) United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents.

             (4) Passport.

             (5) Merchant Marine identification card issued by the United States Coast Guard.

             The board may adopt such regulations as it deems proper covering the acceptance of such cards of identification.

             ((No liquor sold under this section shall be delivered until the purchaser has paid for the liquor in cash, except as allowed under RCW 66.16.041. The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution.))

 

             Sec. 12. RCW 66.16.100 and 1997 c 321 s 42 are each amended to read as follows:

             No ((state)) agency liquor ((store)) vendor in a county with a population over three hundred thousand may sell fortified wine if the board finds that the sale would be against the public interest based on the factors in RCW 66.24.360. The burden of establishing that the sale would be against the public interest is on those persons objecting.

 

             Sec. 13. RCW 66.16.110 and 1993 c 422 s 2 are each amended to read as follows:

             The board shall cause to be posted in conspicuous places, in a number determined by the board, within each ((state)) licensed retail liquor ((store)) establishment, notices in print not less than one inch high warning persons that consumption of alcohol shortly before conception or during pregnancy may cause birth defects, including fetal alcohol syndrome and fetal alcohol effects.

 

             Sec. 14. RCW 66.20.170 and 1973 1st ex.s. c 209 s 5 are each amended to read as follows:

             A card of identification may for the purpose of this title and for the purpose of procuring liquor, be accepted as an identification card by any licensee ((or store employee)) and as evidence of legal age of the person presenting such card, provided the licensee ((or store employee)) complies with the conditions and procedures prescribed herein and such regulations as may be made by the board.

 

             Sec. 15. RCW 66.20.180 and 1973 1st ex.s. c 209 s 6 are each amended to read as follows:

             A card of identification shall be presented by the holder thereof upon request of any licensee, ((store employee,)) peace officer, or enforcement officer of the board for the purpose of aiding the licensee, ((store employee,)) peace officer, or enforcement officer of the board to determine whether or not such person is of legal age to purchase liquor when such person desires to procure liquor from a licensed establishment ((or state liquor store or agency)).

 

             Sec. 16. RCW 66.20.190 and 1981 1st ex.s. c 5 s 9 are each amended to read as follows:

             In addition to the presentation by the holder and verification by the licensee ((or store employee)) of such card of identification, the licensee ((or store employee)) who is still in doubt about the true age of the holder shall require the person whose age may be in question to sign a certification card and record an accurate description and serial number of his or her card of identification thereon. Such statement shall be upon a five-inch by eight-inch file card, which card shall be filed alphabetically by the licensee ((or store employee)) at or before the close of business on the day on which the statement is executed, in the file box containing a suitable alphabetical index and the card shall be subject to examination by any peace officer or agent or employee of the board at all times. The certification card shall also contain in bold-face type a statement stating that the signer understands that conviction for unlawful purchase of alcoholic beverages or misuse of the certification card may result in criminal penalties including imprisonment or fine or both.

 

             Sec. 17. RCW 66.20.200 and 1994 c 201 s 1 are each amended to read as follows:

             It shall be unlawful for the owner of a card of identification to transfer the card to any other person for the purpose of aiding such person to procure alcoholic beverages from any licensee ((or store employee)). Any person who shall permit his or her card of identification to be used by another or transfer such card to another for the purpose of aiding such transferee to obtain alcoholic beverages from a licensee ((or store employee)) or gain admission to a premises or portion of a premises classified by the board as off-limits to persons under twenty-one years of age, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service. Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any false statement on any certification card required by RCW 66.20.190, as now or hereafter amended, to be signed by him or her, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service.

 

             NEW SECTION. Sec. 18. A new section is added to chapter 66.24 RCW to read as follows:

             There shall be a license for spirits distributors to sell spirituous liquor, purchased from licensed Washington manufacturers, spirituous liquor certificate of approval holders, licensed liquor importers, or suppliers of foreign liquor located outside the state of Washington, to retailers licensed for off-premises consumption and other spirits distributors and to export spirits from the state of Washington; fee fifteen thousand dollars per year for each distributing unit.

 

             NEW SECTION. Sec. 19. A new section is added to chapter 66.24 RCW to read as follows:

             A manufacturer of spirits located outside the state of Washington must hold a certificate of approval to allow sales and shipment of the certificate of approval holder's spirituous liquor to licensed Washington spirits distributors or liquor importers. The certificate of approval shall not be granted unless the manufacturer of spirituous liquor has made a written agreement with the board to furnish to the board, on or before the twentieth day of each month, a report under oath, on a form to be prescribed by the board, showing the quantity of spirits sold or delivered to each licensed spirits distributor or liquor importer during the preceding month, and has further agreed with the board that the manufacturers, all general sales corporations or agencies maintained by them, and all of their trade representatives, will faithfully comply with all laws of the state of Washington pertaining to the sale of intoxicating liquors and with all rules and regulations of the Washington state liquor control board. A violation of the terms of this agreement will authorize the board to take action to suspend or revoke such certificate.

             The fee for the certificate of approval, issued under the provisions of this title shall be one hundred dollars per year, which sum must accompany the application for the certificate.

 

             Sec. 20. RCW 66.24.160 and 1981 1st ex.s. c 5 s 30 are each amended to read as follows:

             A liquor importer's license may be issued to any qualified person, firm or corporation, entitling the holder thereof to import into the state any liquor other than beer or wine; to store the same within the state, and to sell and export the same from the state; fee six hundred dollars per annum. Such liquor importer's license shall be subject to all conditions and restrictions imposed by this title or by the rules and regulations of the board, and shall be issued only upon such terms and conditions as may be imposed by the board. ((No liquor importer's license shall be required in sales to the Washington state liquor control board.))

 

             Sec. 21. RCW 66.24.210 and 1997 c 321 s 8 are each amended to read as follows:

             (1) There is hereby imposed upon all wines except cider sold to wine distributors ((and the Washington state liquor control board,)) within the state a tax at the rate of twenty and one-fourth cents per liter. There is hereby imposed on all cider sold to wine distributors ((and the Washington state liquor control board)) within the state a tax at the rate of three and fifty-nine one-hundredths cents per liter: PROVIDED, HOWEVER, That wine sold or shipped in bulk from one winery to another winery shall not be subject to such tax. The tax provided for in this section shall be collected by direct payments based on wine purchased by wine distributors. Every person purchasing wine under the provisions of this section shall on or before the twentieth day of each month report to the board all purchases during the preceding calendar month in such manner and upon such forms as may be prescribed by the board, and with such report shall pay the tax due from the purchases covered by such report unless the same has previously been paid. Any such purchaser of wine whose applicable tax payment is not postmarked by the twentieth day following the month of purchase will be assessed a penalty at the rate of two percent a month or fraction thereof. The board may require that every such person shall execute to and file with the board a bond to be approved by the board, in such amount as the board may fix, securing the payment of the tax. If any such person fails to pay the tax when due, the board may forthwith suspend or cancel the license until all taxes are paid.

             (2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.

             (3) An additional tax is imposed on wines subject to tax under subsection (1) of this section, at the rate of one-fourth of one cent per liter for wine sold after June 30, 1987. After June 30, 1996, such additional tax does not apply to cider. An additional tax of five one-hundredths of one cent per liter is imposed on cider sold after June 30, 1996. The additional taxes imposed by this subsection (3) shall cease to be imposed on July 1, 2001. All revenues collected under this subsection (3) shall be disbursed quarterly to the Washington wine commission for use in carrying out the purposes of chapter 15.88 RCW.

             (4) An additional tax is imposed on all wine subject to tax under subsection (1) of this section. The additional tax is equal to twenty-three and forty-four one-hundredths cents per liter on fortified wine as defined in RCW 66.04.010(37) when bottled or packaged by the manufacturer, one cent per liter on all other wine except cider, and eighteen one-hundredths of one cent per liter on cider. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement account under RCW 69.50.520 by the twenty-fifth day of the following month.

             (5)(a) An additional tax is imposed on all cider subject to tax under subsection (1) of this section. The additional tax is equal to two and four one-hundredths cents per liter of cider sold after June 30, 1996, and before July 1, 1997, and is equal to four and seven one-hundredths cents per liter of cider sold after June 30, 1997.

             (b) All revenues collected from the additional tax imposed under this subsection (5) shall be deposited in the health services account under RCW 43.72.900.

             (6) For the purposes of this section, "cider" means table wine that contains not less than one-half of one percent of alcohol by volume and not more than seven percent of alcohol by volume and is made from the normal alcoholic fermentation of the juice of sound, ripe apples or pears. "Cider" includes, but is not limited to, flavored, sparkling, or carbonated cider and cider made from condensed apple or pear must.

 

             Sec. 22. RCW 66.24.290 and 1999 c 281 s 14 are each amended to read as follows:

             (1) Any microbrewer or domestic brewery or beer distributor licensed under this title may sell and deliver beer to holders of authorized licenses direct, but to no other person, ((other than the board;)) and every such brewery or beer distributor shall report all sales to the board monthly, pursuant to the regulations, and shall pay to the board as an added tax for the privilege of manufacturing and selling the beer within the state a tax of one dollar and thirty cents per barrel of thirty-one gallons on sales to licensees within the state and on sales to licensees within the state of bottled and canned beer shall pay a tax computed in gallons at the rate of one dollar and thirty cents per barrel of thirty-one gallons. Any brewery or beer distributor whose applicable tax payment is not postmarked by the twentieth day following the month of sale will be assessed a penalty at the rate of two percent per month or fraction thereof. Beer shall be sold by breweries and distributors in sealed barrels or packages. The moneys collected under this subsection shall be distributed as follows: (a) Three-tenths of a percent shall be distributed to border areas under RCW 66.08.195; and (b) of the remaining moneys: (i) Twenty percent shall be distributed to counties in the same manner as under RCW 66.08.200; and (ii) eighty percent shall be distributed to incorporated cities and towns in the same manner as under RCW 66.08.210.

             (2) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to two dollars per barrel of thirty-one gallons. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement account under RCW 69.50.520 by the twenty-fifth day of the following month.

             (3)(a) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to ninety-six cents per barrel of thirty-one gallons through June 30, 1995, two dollars and thirty-nine cents per barrel of thirty-one gallons for the period July 1, 1995, through June 30, 1997, and four dollars and seventy-eight cents per barrel of thirty-one gallons thereafter.

             (b) The additional tax imposed under this subsection does not apply to the sale of the first sixty thousand barrels of beer each year by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of this exemption.

             (c) All revenues collected from the additional tax imposed under this subsection (3) shall be deposited in the health services account under RCW 43.72.900.

             (4) An additional tax is imposed on all beer that is subject to tax under subsection (1) of this section that is in the first sixty thousand barrels of beer by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of the exemption under subsection (3)(b) of this section. The additional tax is equal to one dollar and forty-eight and two-tenths cents per barrel of thirty-one gallons. By the twenty-fifth day of the following month, three percent of the revenues collected from this additional tax shall be distributed to border areas under RCW 66.08.195 and the remaining moneys shall be transferred to the state general fund.

             (5) The board may make refunds for all taxes paid on beer exported from the state for use outside the state.

             (6) The board may require filing with the board of a bond to be approved by it, in such amount as the board may fix, securing the payment of the tax. If any licensee fails to pay the tax when due, the board may forthwith suspend or cancel his or her license until all taxes are paid.

             (7) The tax imposed under this section shall not apply to "strong beer" as defined in this title.

 

             Sec. 23. RCW 66.24.310 and 1997 c 321 s 17 are each amended to read as follows:

             (1) No person shall canvass for, solicit, receive, or take orders for the purchase or sale of liquor, nor contact any licensees of the board in goodwill activities, unless such person shall be the accredited representative of a person, firm, or corporation holding a certificate of approval issued pursuant to RCW 66.24.270 or 66.24.206, a beer distributor's license, a microbrewer's license, a domestic brewer's license, a beer importer's license, a domestic winery license, a wine importer's license, ((or)) a wine distributor's license, or a spirits distributor's license within the state of Washington, or the accredited representative of a distiller, manufacturer, importer, or distributor of spirituous liquor, or foreign produced beer or wine, and shall have applied for and received a representative's license: PROVIDED, HOWEVER, That the provisions of this section shall not apply to drivers who deliver beer or wine;

             (2) Every representative's license issued under this title shall be subject to all conditions and restrictions imposed by this title or by the rules and regulations of the board; the board, for the purpose of maintaining an orderly market, may limit the number of representative's licenses issued for representation of specific classes of eligible employers;

             (3) Every application for a representative's license must be approved by a holder of a certificate of approval issued pursuant to RCW 66.24.270 or 66.24.206, a licensed beer distributor, a licensed domestic brewer, a licensed beer importer, a licensed microbrewer, a licensed domestic winery, a licensed wine importer, a licensed wine distributor, or by a distiller, manufacturer, importer, or distributor of spirituous liquor, or foreign produced beer or wine, as the rules and regulations of the board shall require;

             (4) The fee for a representative's license shall be twenty-five dollars per year;

             (5) An accredited representative of a distiller, manufacturer, importer, or distributor of spirituous liquor may, after he or she has applied for and received a representative's license, contact ((retail licensees)) agency liquor vendors of the board only in goodwill activities pertaining to spirituous liquor products.

 

             Sec. 24. RCW 66.24.360 and 1997 c 321 s 22 are each amended to read as follows:

             There shall be a spirits, beer, and/or wine ((retailer's)) agency liquor vendor license to be designated as a grocery store license to sell spirits, beer, and/or wine at retail in bottles, cans, and original containers, not to be consumed upon the premises where sold, at any store ((other than the state liquor stores)).

             (1) Licensees obtaining a written endorsement from the board may also sell malt liquor in kegs or other containers capable of holding less than five and one-half gallons of liquid.

             (2)(a) The annual fee for the grocery store license is one hundred fifty dollars for each store selling beer or wine but not spirits.

             (b) The annual fee for the grocery store license is three thousand dollars for each store selling spirits.

             (3) The board shall issue a restricted grocery store license authorizing the licensee to sell beer and only table wine, if the board finds upon issuance or renewal of the license that the sale of fortified wine would be against the public interest. In determining the public interest, the board shall consider at least the following factors:

             (a) The likelihood that the applicant will sell fortified wine to persons who are intoxicated;

             (b) Law enforcement problems in the vicinity of the applicant's establishment that may arise from persons purchasing fortified wine at the establishment; and

             (c) Whether the sale of fortified wine would be detrimental to or inconsistent with a government-operated or funded alcohol treatment or detoxification program in the area.

             If the board receives no evidence or objection that the sale of fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of fortified wine by the licensee would be against the public interest is on those persons objecting.

             (4) Licensees holding a grocery store license must maintain a minimum three thousand dollar inventory of food products for human consumption, not including pop, spirits, beer, or wine.

             (5) Only grocery store licensees whose contiguous business premises measure five thousand or more square feet of floor space and who meet the requirements of subsection (4) of this section may sell at retail, spirituous liquor in its original container. The board shall determine by rule, criteria for establishing qualifying floor space.

             (6) Until July 1, 2004, the board may issue a retailer's license under this section to agency liquor vendors appointed by the board on or before January 1, 2001. Subsections (4) and (5) of this section do not apply to liquor vendors who qualify under this subsection (6), but such vendors are subject to the remainder of this section.

             (7) Upon approval by the board, the grocery store licensee may also receive an endorsement to permit the international export of beer and wine.

             (a) Any beer or wine sold under this endorsement must have been purchased from a licensed beer or wine distributor licensed to do business within the state of Washington.

             (b) Any beer and wine sold under this endorsement must be intended for consumption outside the state of Washington and the United States and appropriate records must be maintained by the licensee.

             (c) A holder of this special endorsement to the grocery store license shall be considered not in violation of RCW 66.28.010.

             (d) Any beer or wine sold under this license must be sold at a price no less than the acquisition price paid by the holder of the license.

             (e) The annual cost of this endorsement is five hundred dollars and is in addition to the license fees paid by the licensee for a grocery store license.

 

             Sec. 25. RCW 66.24.371 and 1997 c 321 s 23 are each amended to read as follows:

             (1) There shall be a beer and/or wine ((retailer's)) agency liquor vendor license to be designated as a beer and/or wine specialty shop license to sell beer and/or wine at retail in bottles, cans, and original containers, not to be consumed upon the premises where sold, at any store ((other than the state liquor stores)). Licensees obtaining a written endorsement from the board may also sell malt liquor in kegs or other containers capable of holding less than five and one-half gallons of liquid. The annual fee for the beer and/or wine specialty shop license is one hundred dollars for each store.

             (2) Licensees under this section may provide, free or for a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion. Sampling activities of licensees under this section are subject to RCW 66.28.010 and 66.28.040 and the cost of sampling under this section may not be borne, directly or indirectly by any manufacturer, importer, or distributor of liquor.

             (3) The board shall issue a restricted beer and/or wine specialty shop license, authorizing the licensee to sell beer and only table wine, if the board finds upon issuance or renewal of the license that the sale of fortified wine would be against the public interest. In determining the public interest, the board shall consider at least the following factors:

             (a) The likelihood that the applicant will sell fortified wine to persons who are intoxicated;

             (b) Law enforcement problems in the vicinity of the applicant's establishment that may arise from persons purchasing fortified wine at the establishment; and

             (c) Whether the sale of fortified wine would be detrimental to or inconsistent with a government-operated or funded alcohol treatment or detoxification program in the area.

             If the board receives no evidence or objection that the sale of fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of fortified wine by the licensee would be against the public interest is on those persons objecting.

             (4) Licensees holding a beer and/or wine specialty shop license must maintain a minimum three thousand dollar wholesale inventory of beer and/or wine.

 

             Sec. 26. RCW 66.24.380 and 1997 c 321 s 24 are each amended to read as follows:

             There shall be a retailer's license to be designated as a special occasion license to be issued to a not-for-profit society or organization to sell spirits, beer, and wine by the individual serving for on-premises consumption at a specified event, such as at picnics or other special occasions, at a specified date and place; fee sixty dollars per day.

             (1) The not-for-profit society or organization is limited to sales of no more than twelve calendar days per year.

             (2) The licensee may sell beer and/or wine in original, unopened containers for off-premises consumption if permission is obtained from the board prior to the event.

             (3) Sale, service, and consumption of spirits, beer, and wine is to be confined to specified premises or designated areas only.

             (4) Spirituous liquor sold under this special occasion license must be purchased ((at a state liquor store or agency without discount at retail prices, including all taxes)) from a licensed spirits distributor.

             (5) Any violation of this section is a class 1 civil infraction having a maximum penalty of two hundred fifty dollars as provided for in chapter 7.80 RCW.

 

             Sec. 27. RCW 66.24.481 and 1969 ex.s. c 250 s 2 are each amended to read as follows:

             No public place or club, or agent, servant or employee thereof, shall keep or allow to be kept, either by itself, its agent, servant or employee, or any other person, any liquor in any place maintained or conducted by such public place or club, nor shall it permit the drinking of any liquor in any such place, unless the sale of liquor in said place is authorized by virtue of a valid and subsisting license issued by the Washington state liquor control board, or the consumption of liquor in said place is authorized by a special banquet permit issued by said board. Every person who violates any provision of this section shall be guilty of a gross misdemeanor.

             "Public place," for purposes of this section only, shall mean in addition to the definition set forth in RCW 66.04.010(((24))), any place to which admission is charged or in which any pecuniary gain is realized by the owner or operator of such place in selling or vending food or soft drinks.

 

             Sec. 28. RCW 66.24.540 and 1999 c 129 s 1 are each amended to read as follows:

             There shall be a retailer's license to be designated as a motel license. The motel license may be issued to a motel regardless of whether it holds any other class of license under this title. No license may be issued to a motel offering rooms to its guests on an hourly basis. The license authorizes the licensee to:

             (1) Sell, at retail, in locked honor bars, spirits in individual bottles not to exceed fifty milliliters, beer in individual cans or bottles not to exceed twelve ounces, and wine in individual bottles not to exceed one hundred eighty-seven milliliters, to registered guests of the motel for consumption in guest rooms.

             (a) Each honor bar must also contain snack foods. No more than one-half of the guest rooms may have honor bars.

             (b) All spirits to be sold under the license must be purchased from ((the board)) a licensed spirits distributor.

             (c) The licensee shall require proof of age from the guest renting a guest room and requesting the use of an honor bar. The guest shall also execute an affidavit verifying that no one under twenty-one years of age shall have access to the spirits, beer, and wine in the honor bar.

             (2) Provide without additional charge, to overnight guests of the motel, beer and wine by the individual serving for on-premises consumption at a specified regular date, time, and place as may be fixed by the board. Self-service by attendees is prohibited. All beer and wine service must be done by an alcohol server as defined in RCW 66.20.300 and comply with RCW 66.20.310.

             The annual fee for a motel license is five hundred dollars.

             "Motel" as used in this section means a transient accommodation licensed under chapter 70.62 RCW.

             As used in this section, "spirits," "beer," and "wine" have the meanings defined in RCW 66.04.010.

 

             NEW SECTION. Sec. 29. A new section is added to chapter 66.28 RCW to read as follows:

             A retail spirits licensee may sell spirits only during the hours of twelve o'clock noon and eight o'clock p.m. each day, except Sundays.

 

             Sec. 30. RCW 66.28.030 and 1997 c 321 s 47 are each amended to read as follows:

             Every licensed brewer, domestic brewer and microbrewer, domestic winery, manufacturer holding a certificate of approval, licensed wine importer, and licensed beer importer shall be responsible for the conduct of any licensed spirits, beer, or wine distributor in selling, or contracting to sell, to retail licensees, spirits, beer, or wine manufactured by such brewer, domestic brewer and microbrewer, domestic winery, manufacturer holding a certificate of approval, or imported by such liquor, beer, or wine importer. Where the board finds that any licensed spirits, beer, or wine distributor has violated any of the provisions of this title or of the regulations of the board in selling or contracting to sell spirits, beer, or wine to retail licensees, the board may, in addition to any punishment inflicted or imposed upon such distributor, prohibit the sale of the brand or brands of spirits, beer, or wine involved in such violation to any or all retail licensees within the trade territory usually served by such distributor for such period of time as the board may fix, irrespective of whether the brewer manufacturing such beer or the beer importer importing such beer or the domestic winery manufacturing such wine or the wine importer importing such wine or the certificate of approval holder manufacturing such spirits, beer, or wine actually participated in such violation.

 

             Sec. 31. RCW 66.28.040 and 2000 c 179 s 1 are each amended to read as follows:

             Except as permitted by the board under RCW 66.20.010, no brewery, distributor, distiller, winery, importer, rectifier, or other manufacturer of liquor shall, within the state, give to any person any liquor; but nothing in this section nor in RCW 66.28.010 shall prevent a brewery, distributor, winery, distiller, or importer from furnishing samples of beer, wine, or spirituous liquor to authorized licensees for the purpose of negotiating a sale, in accordance with regulations adopted by the liquor control board, provided that the samples are subject to taxes imposed by RCW 66.24.290 and 66.24.210, and in the case of spirituous liquor, any product used for samples must be purchased at retail from ((the board; nothing in this section shall prevent the furnishing of samples of liquor to the board for the purpose of negotiating the sale of liquor to the state liquor control board)) an agency liquor vendor; nothing in this section shall prevent a brewery, winery, distillery, or distributor from furnishing beer, wine, or spirituous liquor for instructional purposes under RCW 66.28.150 and 66.28.155; nothing in this section shall prevent a winery or distributor from furnishing wine without charge, subject to the taxes imposed by RCW 66.24.210, to a not-for-profit group organized and operated solely for the purpose of enology or the study of viticulture which has been in existence for at least six months and that uses wine so furnished solely for such educational purposes or a domestic winery, or an out-of-state certificate of approval holder, from furnishing wine without charge or a domestic brewery, or an out-of-state certificate of approval holder, from furnishing beer without charge, subject to the taxes imposed by RCW 66.24.210 or 66.24.290, to a nonprofit charitable corporation or association exempt from taxation under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) for use consistent with the purpose or purposes entitling it to such exemption; nothing in this section shall prevent a brewer from serving beer without charge, on the brewery premises; nothing in this section shall prevent donations of wine for the purposes of RCW 66.12.180; and nothing in this section shall prevent a domestic winery from serving wine without charge, on the winery premises.

 

             Sec. 32. RCW 66.28.060 and 1933 ex.s. c 62 s 26 are each amended to read as follows:

             Every distillery licensed under this title shall make monthly reports to the board pursuant to the regulations. No such distillery shall make any sale of spirits within the state of Washington except to ((the board)) a licensed spirits distributor.

 

             Sec. 33. RCW 66.28.070 and 1994 c 201 s 5 and 1994 c 63 s 2 are each reenacted and amended to read as follows:

             (1) Except as provided in subsection (2) of this section, it shall be unlawful for any retail spirits, beer, or wine licensee to purchase spirits, beer, or wine, except from a duly licensed ((wholesaler or the board)) distributor, and it shall be unlawful for any brewer, winery, or spirits, beer, or wine ((wholesaler)) distributor to purchase spirits, beer, or wine, except from a duly licensed spirits, beer, or wine ((wholesaler)) distributor or importer.

             (2) A spirits, beer, or wine retailer licensee may purchase spirits, beer, or wine from a government agency which has lawfully seized spirits, beer, or wine from a licensed spirits, beer, or wine retailer, or from a board-authorized retailer, or from a licensed retailer which has discontinued business if the ((wholesaler)) distributor has refused to accept spirits, beer, or wine from that retailer for return and refund. Spirits, beer, and wine purchased under this subsection shall meet the quality standards set by its manufacturer.

             (3) Special occasion licensees holding ((either a class G or J)) a special occasion license may only purchase beer or wine from a beer or wine retailer duly licensed to sell beer or wine for off-premises consumption((, the board,)) or from a duly licensed beer or wine ((wholesaler)) distributor.

 

             Sec. 34. RCW 66.28.180 and 1997 c 321 s 51 are each amended to read as follows:

             It is unlawful for a person, firm, or corporation holding a certificate of approval issued under RCW 66.24.270 or 66.24.206, a spirits distributor's license, a beer distributor's license, a domestic brewer's license, a microbrewer's license, a beer importer's license, a beer distributor's license, a domestic winery license, a wine importer's license, or a wine distributor's license within the state of Washington to modify any prices without prior notification to and approval of the board.

             (1) Intent. This section is enacted, pursuant to the authority of this state under the twenty-first amendment to the United States Constitution, to promote the public's interest in fostering the orderly and responsible distribution of ((malt)) alcoholic beverages ((and wine)) towards effective control of consumption; to promote the fair and efficient three-tier system of distribution of such beverages; and to confirm existing board rules as the clear expression of state policy to regulate the manner of selling and pricing of ((wine and malt)) alcoholic beverages by licensed suppliers and distributors.

             (2) Spirits, beer, and wine distributor price posting.

             (a) Every spirits, beer, or wine distributor shall file with the board at its office in Olympia a price posting showing the wholesale prices at which any and all brands of spirits, beer, and wine sold by such ((beer and/or wine)) distributor shall be sold to retailers within the state.

             (b) Each price posting shall be made on a form prepared and furnished by the board, or a reasonable facsimile thereof, and shall set forth:

             (i) All brands, types, packages, and containers of beer offered for sale by such beer and/or wine distributor;

             (ii) The wholesale prices thereof to retail licensees, including allowances, if any, for returned empty containers.

             (c) No spirits, beer, and/or wine distributor may sell or offer to sell any package or container of spirits, beer, or wine to any ((retail licensee)) agency liquor vendor at a price differing from the price for such package or container as shown in the price posting filed by the ((beer and/or wine)) distributor and then in effect, according to rules adopted by the board.

             (d) Quantity discounts are prohibited. No price may be posted that is below acquisition cost plus ten percent of acquisition cost. However, the board is empowered to review periodically, as it may deem appropriate, the amount of the percentage of acquisition cost as a minimum mark-up over cost and to modify such percentage by rule of the board, except such percentage shall be not less than ten percent.

             (e) Distributor prices on a "close-out" item shall be accepted by the board if the item to be discontinued has been listed on the state market for a period of at least six months, and upon the further condition that the distributor who posts such a close-out price shall not restock the item for a period of one year following the first effective date of such close-out price.

             (f) The board may reject any price posting that it deems to be in violation of this section or any rule, or portion thereof, or that would tend to disrupt the orderly sale and distribution of beer, spirits, and wine. Whenever the board rejects any posting, the licensee submitting the posting may be heard by the board and shall have the burden of showing that the posting is not in violation of this section or a rule or does not tend to disrupt the orderly sale and distribution of spirits, beer, and wine. If the posting is accepted, it shall become effective at the time fixed by the board. If the posting is rejected, the last effective posting shall remain in effect until such time as an amended posting is filed and approved, in accordance with the provisions of this section.

             (g) All price postings filed as required by this section shall at all times be open to inspection to all trade buyers within the state of Washington and shall not in any sense be considered confidential.

             (h) Any spirits, beer, and/or wine distributor or employee authorized by the distributor-employer may sell spirits, beer, and/or wine at the distributor's posted prices to ((any annual)) an agency liquor vendor or special occasion retail licensee upon presentation to the distributor or employee at the time of purchase of a special permit issued by the board to such licensee.

             (i) Every ((annual)) agency liquor vendor or special occasion retail licensee, upon purchasing any beer and/or wine from a distributor, shall immediately cause such beer or wine to be delivered to the licensed premises, and the licensee shall not thereafter permit such beer to be disposed of in any manner except as authorized by the license.

             (ii) Spirits, beer, and wine sold as provided in this section shall be delivered by the distributor or an authorized employee either to the ((retailer's)) agency liquor vendor's licensed premises or directly to the ((retailer)) vendor at the distributor's licensed premises. A distributor's prices to ((retail licensees)) agency liquor vendors shall be the same at both such places of delivery.

             (3) Beer and wine suppliers' price filings, contracts, and memoranda.

             (a) Every brewery and winery offering beer and/or wine for sale within the state shall file with the board at its office in Olympia a copy of every written contract and a memorandum of every oral agreement which such brewery or winery may have with any beer or wine distributor, which contracts or memoranda shall contain a schedule of prices charged to distributors for all items and all terms of sale, including all regular and special discounts; all advertising, sales and trade allowances, and incentive programs; and all commissions, bonuses or gifts, and any and all other discounts or allowances. Whenever changed or modified, such revised contracts or memoranda shall forthwith be filed with the board as provided for by rule. The provisions of this section also apply to certificate of approval holders, beer and/or wine importers, and beer and/or wine distributors who sell to other beer and/or wine distributors.

             Each price schedule shall be made on a form prepared and furnished by the board, or a reasonable facsimile thereof, and shall set forth all brands, types, packages, and containers of beer or wine offered for sale by such licensed brewery or winery; all additional information required may be filed as a supplement to the price schedule forms.

             (b) Prices filed by a brewery or winery shall be uniform prices to all distributors on a statewide basis less bona fide allowances for freight differentials. Quantity discounts are prohibited. No price shall be filed that is below acquisition/production cost plus ten percent of that cost, except that acquisition cost plus ten percent of acquisition cost does not apply to sales of beer or wine between a beer or wine importer who sells beer or wine to another beer or wine importer or to a beer or wine distributor, or to a beer or wine distributor who sells beer or wine to another beer or wine distributor. However, the board is empowered to review periodically, as it may deem appropriate, the amount of the percentage of acquisition/production cost as a minimum mark-up over cost and to modify such percentage by rule of the board, except such percentage shall be not less than ten percent.

             (c) No brewery, winery, certificate of approval holder, beer or wine importer, or beer or wine distributor may sell or offer to sell any beer or wine to any persons whatsoever in this state until copies of such written contracts or memoranda of such oral agreements are on file with the board.

             (d) No brewery or winery may sell or offer to sell any package or container of beer or wine to any distributor at a price differing from the price for such package or container as shown in the schedule of prices filed by the brewery or winery and then in effect, according to rules adopted by the board.

             (e) The board may reject any supplier's price filing, contract, or memorandum of oral agreement, or portion thereof that it deems to be in violation of this section or any rule or that would tend to disrupt the orderly sale and distribution of beer or wine. Whenever the board rejects any such price filing, contract, or memorandum, the licensee submitting the price filing, contract, or memorandum may be heard by the board and shall have the burden of showing that the price filing, contract, or memorandum is not in violation of this section or a rule or does not tend to disrupt the orderly sale and distribution of beer or wine. If the price filing, contract, or memorandum is accepted, it shall become effective at a time fixed by the board. If the price filing, contract, or memorandum, or portion thereof, is rejected, the last effective price filing, contract, or memorandum shall remain in effect until such time as an amended price filing, contract, or memorandum is filed and approved, in accordance with the provisions of this section.

             (f) All prices, contracts, and memoranda filed as required by this section shall at all times be open to inspection to all trade buyers within the state of Washington and shall not in any sense be considered confidential.

 

             Sec. 35. RCW 66.28.190 and 1997 c 321 s 52 are each amended to read as follows:

             RCW 66.28.010 notwithstanding, persons licensed under RCW 66.24.200 as wine distributors ((and)), persons licensed under RCW 66.24.250 as beer distributors, and persons licensed under section 18 of this act may sell at wholesale nonliquor food products on thirty-day credit terms to persons licensed as retailers under this title, but complete and separate accounting records shall be maintained on all sales of nonliquor food products to ensure that such persons are in compliance with RCW 66.28.010.

             For the purpose of this section, "nonliquor food products" includes all food products for human consumption as defined in RCW 82.08.0293 as it exists on July 1, 1987, except that for the purposes of this section bottled water and carbonated beverages, whether liquid or frozen, shall be considered food products.

 

             Sec. 36. RCW 66.40.140 and 1933 ex.s. c 62 s 88 are each amended to read as follows:

             Whenever a majority of qualified voters voting upon said question in any such unit shall have voted "Against sale of liquor", the county auditor shall file with the liquor control board a certificate showing the result of the canvass at such election; and thereafter, except as hereinafter provided, it shall not be lawful for ((a liquor store to be operated therein nor for)) licensees to maintain and operate licensed premises therein except as hereinafter provided:

             (1) ((As to any stores maintained by the board within any such unit at the time of such licensing, the board shall have a period of thirty days from and after the date of the canvass of the vote upon such election to continue operation of its store or stores therein.

             (2))) As to any premises licensed hereunder within any such unit at the time of such election, such licensee shall have a period of sixty days from and after the date of the canvass of the vote upon such election in which to discontinue operation of its store or stores therein.

             (((3))) (2) Nothing herein contained shall prevent any distillery, brewery, rectifying plant or winery or the licensed operators thereof from selling its manufactured product, manufactured within such unit, outside the boundaries thereof.

             (((4))) (3) Nothing herein contained shall prevent any person residing in any unit in which the sale of liquor shall have been forbidden by popular vote as herein provided, who is otherwise qualified to receive and hold a permit under this title, from lawfully purchasing without the unit and transporting into or receiving within the unit, liquor lawfully purchased by him outside the boundaries of such unit.

 

             Sec. 37. RCW 66.44.150 and 1955 c 289 s 5 are each amended to read as follows:

             ((If)) Any person in this state who buys alcoholic beverages from any person other than ((the board,)) a ((state liquor store,)) licensee or some person authorized by the board to sell ((them, he shall be)) it is guilty of a misdemeanor.

 

             Sec. 38. RCW 66.44.160 and 1955 c 289 s 6 are each amended to read as follows:

             Except as otherwise provided in this title, any person who has or keeps or transports alcoholic beverages other than those purchased from ((the board,)) a ((state liquor store,)) licensee or some person authorized by the board to sell ((them, shall be)) it is guilty of a violation of this title.

 

             Sec. 39. RCW 66.44.318 and 1995 c 100 s 2 are each amended to read as follows:

             Licensees holding nonretail class liquor licenses are permitted to allow their employees between (([the])) the ages of eighteen and twenty-one to stock, merchandise, and handle spirits, beer, or wine on or about the nonretail premises if there is an adult twenty-one years of age or older on duty supervising such activities on the premises.

 

             Sec. 40. RCW 66.44.340 and 1999 c 281 s 11 are each amended to read as follows:

             Employers holding ((grocery store or beer and/or wine specialty shop)) retail liquor licenses exclusively for off-premises consumption are permitted to allow their employees, between the ages of eighteen and twenty-one years, to sell, stock, and handle spirits, beer, or wine in, on, or about any establishment holding ((a grocery store or beer and/or wine specialty shop)) such license exclusively: PROVIDED, That there is an adult twenty-one years of age or older on duty supervising the sale of liquor at the licensed premises: PROVIDED, That minor employees may make deliveries of spirits, beer, and/or wine purchased from licensees holding ((grocery store or beer and/or wine specialty shop)) agency liquor vendor licenses exclusively for off-premises consumption, when delivery is made to cars of customers adjacent to such licensed premises but only, however, when the minor employee is accompanied by the purchaser.

 

             NEW SECTION. Sec. 41. A new section is added to chapter 66.44 RCW to read as follows:

             It shall be unlawful for any person, firm, or corporation to advertise any spirituous liquor beverage product through outdoor advertising or print media within the state of Washington. However, one sign at the retail outlet for such products using the words retail, alcohol, liquor, store, or any combination of such words may be allowed. For purposes of this section, "outdoor advertising" means all signs, visible to the general public, whether permanent or temporary, advertising spirituous liquor, except for the one sign allowed for each retail outlet.

 

             NEW SECTION. Sec. 42. A new section is added to chapter 66.24 RCW to read as follows:

             There is hereby imposed upon all spirits sold by spirits distributors licensed under this title, a tax at the rate of one dollar and sixty-two cents per liter. The tax provided for in this section shall be collected by direct payments based on spirits sold by spirits distributors. Every person selling spirits under the provisions of this section shall on or before the twentieth day of each month report to the board all sales during the preceding calendar month in such manner and upon such forms as may be prescribed by the board, and with such report shall pay the tax due from the sales covered by such report unless the same has previously been paid. Any such seller of spirits whose applicable tax payment is not postmarked by the twentieth day following the month of purchase will be assessed a penalty at the rate of two percent a month or fraction thereof. The board may require that every such person execute and file with the board a bond to be approved by the board, in such amount as the board may fix, securing the payment of the tax. If any such person fails to pay the tax when due, the board may forthwith suspend or cancel the license until all taxes are paid. All revenues collected under this section shall be deposited in the liquor revolving fund.

 

             NEW SECTION. Sec. 43. A new section is added to chapter 66.08 RCW to read as follows:

             (1) A consumption surcharge is established to be paid by spirits distributors on the sale or transfer of spirits from the distributor to the retailer.

             (2) The board shall establish the annual base consumption rate determined by the total liter volume per capita of spirits sold through state liquor stores and vendor agencies and to spirits, beer, and wine restaurant licensees during calendar year 2000.

             (3) Beginning on January 1, 2003, and each year thereafter, the board shall monitor sales and transfers of spirits by spirits distributors. If during calendar year 2003 the total liter volume per capita of spirits sold or transferred reaches the 2000 annual liter volume per capita, the board shall collect from each spirits distributor, beginning April 1, 2004, a surcharge of two dollars per liter of spirits sold or transferred between April 1, 2004, and March 31, 2005.

             (4) If the total liter volume per capita of spirits sold or transferred during calendar year 2004 falls below the base consumption rate established in 2000, imposition of the consumption surcharge shall be terminated beginning April 1, 2005.

             (5) Beginning with calendar year 2006, and each year thereafter, if the total liter volume per capita of spirits exceeds the total liter volume per capita of spirits sold or transferred in the base consumption year of 2000, the board shall impose a surcharge, beginning on April 1st of the following year, on the sale or transfer of spirits by spirit distributors to spirit retailers for a period of three hundred fifty-two days.

             (6) Revenue generated by the consumption surcharge shall be deposited in the liquor revolving fund and the surcharge, when imposed, shall be collected by the board annually from distributors.

 

             NEW SECTION. Sec. 44. A new section is added to chapter 66.08 RCW to read as follows:

             The liquor control board must determined annually per capita consumption levels and total volume by liter of spirits sold or transferred during the calendar year by a spirits distributor to an agency liquor vendor authorized to sell spirits. The board may recommend consumption surcharge adjustments to respond to any increase in consumption above the base level established for 2000. It is the intent of the legislature that as consumption increases over the level established by the board for calendar year 2000, a surcharge be imposed that increases the cost of the product as a means of controlling consumption.

 

             Sec. 45. RCW 66.08.170 and 1961 ex.s. c 6 s 1 are each amended to read as follows:

             There shall be a fund, known as the "liquor revolving fund", which shall consist of all license fees, permit fees, penalties, forfeitures, consumption surcharge revenues, and all other moneys, income, or revenue received by the board. The state treasurer shall be custodian of the fund. All moneys received by the board or any employee thereof, except for change funds and an amount of petty cash as fixed by the board within the authority of law shall be deposited each day in a depository approved by the state treasurer and transferred to the state treasurer to be credited to the liquor revolving fund. Disbursements from the revolving fund shall be on authorization of the board or a duly authorized representative thereof. In order to maintain an effective expenditure and revenue control the liquor revolving fund shall be subject in all respects to chapter 43.88 RCW but no appropriation shall be required to permit expenditures and payment of obligations from such fund.

 

             NEW SECTION. Sec. 46. A new section is added to chapter 66.08 RCW to read as follows:

             (1) Any licensee that employs a former state liquor store employee during calendar year 2003 may deduct from his or her annual license fee for the subsequent year one dollar for each hour the employee is employed by the licensee up to the license fee amount.

             (2) For purposes of this section, "former state liquor store employee" means an individual employed full time by the liquor control board at a state liquor store for at least six months prior to the effective date of this section.

 

             NEW SECTION. Sec. 47. (1) The liquor control board shall begin the process of terminating its operations involving the retail sale and wholesale distribution of liquor. The board and the office of financial management shall determine those actions necessary to terminate the board's direct involvement in the retail sale and wholesale distribution of liquor by July 1, 2003, and make recommendations to the legislature by December 1, 2001, on the following:

             (a) Disposition of equipment and inventory under the control of the liquor control board used in the operation of state liquor stores and agency vendor stores;

             (b) Disposition of all warehousing facilities and other equipment and vehicles used in the wholesale distribution of liquor;

             (c) The status of contracts and other obligations;

             (d) Determine the impact on sales and availability of spirits to the public during the period of decreasing state liquor store operation and the implementation of private retail and wholesaling of spirits;

             (e) Identification of issues and a plan for treatment of personnel; and

             (f) Any other actions determined necessary by the reporting agencies.

             (2) The board is authorized to take actions necessary to implement the spirits distributor's license and the spirits retail license for grocery stores by July 1, 2003.

             (3) The board shall exercise due diligence to reduce any liabilities associated with discontinuing board retailing and wholesaling operations including contract commitments for the acquisition of alcoholic beverages or interests in real estate used for the retailing and wholesaling of alcoholic beverages past July 1, 2003.

 

             NEW SECTION. Sec. 48. The following acts or parts of acts are each repealed:

             (1) RCW 66.08.070 (Purchase of liquor by board--Consignment not prohibited--Warranty or affirmation not required for wine or malt purchases) and 1985 c 226 s 2, 1973 1st ex.s. c 209 s 1, & 1933 ex.s. c 62 s 67;

             (2) RCW 66.08.160 (Acquisition of warehouse authorized) and 1947 c 134 s 1;

             (3) RCW 66.08.235 (Liquor control board construction and maintenance account) and 1997 c 75 s 1;

             (4) RCW 66.12.020 (Sales of liquor to board) and 1933 ex.s. c 62 s 48;

             (5) RCW 66.16.010 (Board may establish--Price standards--Prices in special instances) and 1939 c 172 s 10, 1937 c 62 s 1, & 1933 ex.s. c 62 s 4;

             (6) RCW 66.16.030 (Vendor to be in charge) and 1933 ex.s. c 62 s 6;

             (7) RCW 66.16.041 (Credit and debit card purchases--Rules--Provision, installation, maintenance of equipment by board--Consideration of offsetting liquor revolving fund balance reduction--Report to legislature) and 1998 c 265 s 3, 1997 c 148 s 2, & 1996 c 291 s 2;

             (8) RCW 66.16.050 (Sale of beer and wine to person licensed to sell) and 1933 ex.s. c 62 s 8;

             (9) RCW 66.16.060 (Sealed packages may be required, exception) and 1943 c 216 s 1 & 1933 ex.s. c 62 s 9;

             (10) RCW 66.16.070 (Liquor cannot be opened or consumed on store premises) and 1933 ex.s. c 62 s 10;

             (11) RCW 66.16.080 (Sunday closing) and 1988 c 101 s 1 & 1933 ex.s. c 62 s 11;

             (12) RCW 66.16.090 (Record of individual purchases confidential--Penalty for disclosure) and 1933 ex.s. c 62 s 89;

             (13) RCW 66.20.160 ("Card of identification", "licensee", "store employee" defined for certain purposes) and 1973 1st ex.s. c 209 s 4, 1971 ex.s. c 15 s 2, 1959 c 111 s 4, & 1949 c 67 s 1;

             (14) RCW 66.24.440 (Liquor by the drink, spirits, beer, and wine restaurant, spirits, beer, and wine private club, and sports entertainment facility license--Purchase of liquor by licensees--Discount) and 1998 c 126 s 8, 1997 c 321 s 29, & 1949 c 5 s 5;

             (15) RCW 66.32.010 (Possession of contraband liquor) and 1955 c 39 s 3; and

             (16) RCW 66.44.120 (Unlawful use of seal) and 1992 c 7 s 42 & 1933 ex.s. c 62 s 47.

 

             NEW SECTION. Sec. 49. 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. 50. Sections 1 through 46 and 48 of this act take effect July 1, 2003."

 

             Correct the title.

 

POINT OF ORDER

 

             Representative Kessler requested a scope and object ruling on the amendment (077) to Substitute House Bill No. 1781.

 

SPEAKERS' RULING

 

             Speaker Ballard: "Substitute House Bill No. 1781 is entitled 'AN ACT related to payment of agency commissions for agency liquor vendor stores'. The bill has a limited purpose - authorizing the use of the liquor revolving fund to pay agency commissions for vendor stores. Amendment No. 077 restructures the entire liquor code. It is clearly beyond the scope and object of the bill.

 

             Representative Kessler, your point of order is well taken."

 

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

 

             Representatives Sommers and Sehlin spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 1781.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute House Bill No. 1781 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 98.

 

             Substitute House Bill No. 1781, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1793 by Representatives Hatfield and McDermott

 

             Revising court filing fees for tax warrants and recovery of state agency overpayments.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 1793 was substituted for House Bill No. 1793 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 1793 was read the second time.

 

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

 

             Representatives Lantz and Hatfield spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 1793.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute House Bill No. 1793 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 97.

             Voting nay: Representative Van Luven - 1.

 

             Substitute House Bill No. 1793, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 2191 by Representatives Morris, Sehlin, Lisk and Fromhold

 

             Providing property tax exemptions for certain property leased by public entities.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 2191 was substituted for House Bill No. 2191 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 2191 was read the second time.

 

             Speaker Ballard announced that House Bill No. 2191 was co-prime sponsored by Representatives Carrell and Morris.

 

             Representative Carrell moved the adoption of the following amendment (052):

 

             On page 2, line 27, after "property" strike everything through "services" and insert "actively utilized by currently enrolled students"

 

             Representatives Carrell and Morris spoke in favor of adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

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

 

             Representatives Sehlin, Morris and G. Chandler spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2191.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2191 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 98.

 

             Engrossed Substitute House Bill No. 2191, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 2005 by Representatives Morris, Schoesler, Grant, Barlean, Kessler, Doumit, Poulsen and Linville

 

             Changing the taxation of property previously owned by the federal government.

 

             The bill was read the second time.

 

             Representative Cairnes moved the adoption of the following amendment (089):

 

             On page 1, line 6, after "property" strike "belonging" and insert "that is used for the purpose of generating or transmitting electricity and that belongs"

 

             Representatives Cairnes and Morris spoke in favor of adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

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

 

             Representative Morris spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Engrossed House Bill No. 2005.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed House Bill No. 2005 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 98.

 

             Engrossed House Bill No. 2005, having received the necessary constitutional majority, was declared passed.

 

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

 

HOUSE BILL NO. 1234,

HOUSE BILL NO. 1590,

HOUSE BILL NO. 1597,

HOUSE BILL NO. 1708,

HOUSE BILL NO. 1728,

HOUSE BILL NO. 1783,

HOUSE BILL NO. 2034,

HOUSE BILL NO. 2079,

HOUSE BILL NO. 2210,

 

             HOUSE BILL NO. 1590 by Representatives Cody, Clements, Conway, Skinner, Gombosky, Mitchell, Edmonds, Hatfield, Keiser, Kenney, Kagi, McIntire, Wood, Ruderman, Santos and Hurst

 

             Supporting the practice of breastfeeding.

 

             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1590 was substituted for House Bill No. 1590 and the second substitute bill was placed on the second reading calendar.

 

             Second Substitute House Bill No. 1590 was read the second time.

 

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

 

             Representatives Cody and Clements spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Second Substitute House Bill No. 1590.

 

             There being no objection, Representatives Doumit, Edwards and Poulsen were excused.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1590 and the bill passed the House by the following vote: Yeas - 86, Nays - 9, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Buck, Cairnes, Campbell, Carrell, Casada, G. Chandler, Clements, Cody, Conway, Cooper, Darneille, DeBolt, Delvin, Dickerson, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 86.

             Voting nay: Representatives Boldt, Bush, B. Chandler, Cox, Crouse, Lisk, Mulliken, Schindler and Sump - 9.

             Excused: Representatives Doumit, Edwards and Poulsen - 3.

 

             Second Substitute House Bill No. 1590, having received the necessary constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             I intended to vote YEA on Second Substitute House Bill No. 1590.

MARK DOUMIT, 19th District

 

             HOUSE BILL NO. 1728 by Representatives Campbell, Schual-Berke, Skinner and Cody

 

             Regulating the activities of insurance third-party administrators.

 

             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1728 was substituted for House Bill No. 1728 and the second substitute bill was placed on the second reading calendar.

 

             Second Substitute House Bill No. 1728 was read the second time.

 

             With the consent of the House, amendment (085) was withdrawn.

 

             Representative Campbell moved the adoption of the following amendment (086):

 

             On page 1, line 3, strike everything after the enacting clause, and insert the following:

 

             "NEW SECTION. Sec. 1. (1) The insurance commissioner shall establish the task force on third party administrator regulation. The task force shall consist of thirteen members. The co-speakers of the house of representatives shall select two member from the house of representatives, one from each political caucus, and the president of the senate shall select two members from the senate, one from each political caucus. The commissioner shall select two members representing health carriers, one member representing third party administrators with a contractual relationship with a health carrier, one member representing health care purchasers, two members representing licensed health care providers, two member representing consumers, and one representative of the office of insurance commissioner, who shall act in an ex officio capacity.

             (2) The task force shall review the need for regulation of third party administrators, including:

             (a) network adequacy and disclosure of network adequacy standards;

             (b) provider application and credentialing processes;

             (c) the consistency of third party administrator standards and benefit packages sold by health carriers, including utilization guidelines;

             (d) the revocation of prior authorization;

             (e) the receipt of provider claims; and

             (f) the classes of third party administrators that should be subject to state regulation.

             (3) The task force shall report its findings and recommendations to the legislature no later than December 15, 2001. In conducting its work, the task force shall monitor the development of the National Association of Insurance Commissioners proposal to develop a model state statute on the regulation of third party administrators, and incorporate appropriate elements of the model statute in its recommendation to the legislature.

 

             NEW SECTION. Sec.2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its specific public institutions, and takes effect immediately."

 

             Representatives Campbell and Cody spoke in favor of adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

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

 

             Representative Campbell spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Second Substitute House Bill No. 1728.

 

             There being no objection, Representative Edwards was excused.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1728 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.

             Voting nay: Representatives Anderson, and Pflug - 2.

             Excused: Representative Edwards - 1.

 

             Second Substitute House Bill No. 1728, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 2034 by Representatives Campbell, Hankins, O'Brien, Kagi, Reardon, Lambert, Boldt, Schoesler, Linville, Van Luven, Morris, Mastin, Murray, Santos, Talcott, Grant, Morell, Lisk, Dickerson, Carrell, Quall, Delvin, Miloscia, Conway, Buck, Kenney, Esser, Mulliken, G. Chandler, Bush, Ruderman, Benson, Haigh, Rockefeller, McDermott, Tokuda, Lovick, B. Chandler, Veloria, Dunn, Casada, Mielke, Pearson, Roach, Cooper, Simpson, Jackley, Ogden, Kessler, Anderson, DeBolt, Crouse, Pennington, Mitchell, Cairnes, Schmidt, Ericksen, Barlean, Pflug, Ahern, Cox, Hatfield, Doumit, Dunshee, Eickmeyer, Keiser, Poulsen, Gombosky, Romero, Fisher, Kirby and Hurst

 

             Authorizing optometrists to use and prescribe approved drugs for diagnostic or therapeutic purposes without limitation upon the methods of delivery in the practice of optometry.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 2034 was substituted for House Bill No. 2034 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 2034 was read the second time.

 

             Representative Campbell moved the adoption of the following amendment (079):

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 18.53.010 and 1989 c 36 s 1 are each amended to read as follows:

             (1) The practice of optometry is defined as the examination of the human eye, the examination and ascertaining any defects of the human vision system and the analysis of the process of vision. The practice of optometry may include, but not necessarily be limited to, the following:

             (a) The employment of any objective or subjective means or method, including the use of drugs ((topically applied to the eye)), for diagnostic and therapeutic purposes by those licensed under this chapter and who meet the requirements of subsections (2) and (3) of this section, and the use of any diagnostic instruments or devices for the examination or analysis of the human vision system, the measurement of the powers or range of human vision, or the determination of the refractive powers of the human eye or its functions in general; and

             (b) The prescription and fitting of lenses, prisms, therapeutic or refractive contact lenses and the adaption or adjustment of frames and lenses used in connection therewith; and

             (c) The prescription and provision of visual therapy, therapeutic aids, and other optical devices((, and the treatment with topically applied drugs by those licensed under this chapter and who meet the requirements of subsections (2) and (3) of this section)); and

             (d) The ascertainment of the perceptive, neural, muscular, or pathological condition of the visual system; and

             (e) The adaptation of prosthetic eyes.

             (2)(a) Those persons using drugs for diagnostic purposes in the practice of optometry shall have a minimum of sixty hours of didactic and supervised clinical instruction in general and ocular pharmacology as applied to optometry, ((and for therapeutic purposes, an additional minimum of seventy-five hours of didactic and clinical instruction)) as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to use drugs for diagnostic and therapeutic purposes.

             (b) Those persons using or prescribing topical drugs for therapeutic purposes in the practice of optometry shall be certified under (a) of this subsection, and shall have an additional minimum of seventy-five hours of didactic and supervised clinical instruction as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to use drugs for therapeutic purposes.

             (c) Those persons using or prescribing drugs administered orally for therapeutic purposes in the practice of optometry shall be certified under (b) of this subsection, and shall have an additional minimum of sixteen hours of didactic and eight hours of supervised clinical instruction as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to administer, dispense, or prescribe oral drugs for therapeutic purposes.

             (d) Those persons administering epinephrine by injection for treatment of anaphylactic shock in the practice of optometry must be certified under (b) of this subsection and must have an additional minimum of four hours of didactic and supervised clinical instruction, as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board to administer epinephrine by injection.

             (e) Such course or courses shall be the fiscal responsibility of the participating and attending optometrist.

             (3) The board shall establish a schedule of drugs for diagnostic and treatment purposes limited to the practice of optometry, and no person licensed pursuant to this chapter shall prescribe, dispense, purchase, possess, or administer drugs except as authorized and to the extent permitted by the board.

             (4) The board shall establish a list of legend drugs and Schedule III through V controlled substances, in consultation and with the approval of the board of pharmacy, and no person licensed under this chapter shall prescribe, dispense, purchase, possess, or administer these drugs except as authorized and to the extent permitted by the board.

             (a) The board, in consultation and with the approval of the board of pharmacy, shall establish by rule, specific guidelines for the prescription and administration of drugs by optometrists, so that licensed optometrists and persons filling their prescriptions have a clear understanding of which drugs and which dosages or forms are included in the authority granted by this section.

             (b) No optometrist shall prescribe, dispense, or administer a controlled substance for more than seven days in treating a particular patient for a single trauma, episode, or condition.

             (c) No optometrist may prescribe, dispense, or administer a controlled substance for treating pain associated with an operative procedure during ninety days of postoperative care, unless in consultation with the practitioner who performed the operative procedure.

             (d) The prescription or administration of drugs as authorized in this section is specifically limited to those drugs appropriate to treatment of diseases or conditions of the human eye and its associated structure that are within the scope of practice of optometry. The prescription or administration of drugs for any other purpose is not authorized by this section.

             (5) The board shall develop a means of identification and verification of optometrists certified to use therapeutic drugs for the purpose of issuing prescriptions as authorized by this section.

             (6) Nothing in this chapter shall be construed to authorize: Administration of a drug by injection, except epinephrine for treatment of anaphylactic shock; retinal repair surgery, eximer laser, or laser in situ keratomileusis surgery; or the use, prescription, dispensing, purchase, possession, or administration of any Schedule I and II controlled substances. The provisions of this section shall be strictly construed.

 

             Sec. 2. RCW 18.53.140 and 1991 c 3 s 138 are each amended to read as follows:

             It shall be unlawful for any person:

             (1) To sell or barter, or offer to sell or barter any license issued by the secretary; or

             (2) To purchase or procure by barter any license with the intent to use the same as evidence of the holder's qualification to practice optometry; or

             (3) To alter with fraudulent intent in any material regard such license; or

             (4) To use or attempt to use any such license which has been purchased, fraudulently issued, counterfeited or materially altered as a valid license; or

             (5) To practice optometry under a false or assumed name, or as a representative or agent of any person, firm or corporation with which the licensee has no connection: PROVIDED, Nothing in this chapter nor in the optometry law shall make it unlawful for any lawfully licensed optometrist or association of lawfully licensed optometrists to practice optometry under the name of any lawfully licensed optometrist who may transfer by inheritance or otherwise the right to use such name; or

             (6) To practice optometry in this state either for him or herself or any other individual, corporation, partnership, group, public or private entity, or any member of the licensed healing arts without having at the time of so doing a valid license issued by the secretary of health; or

             (7) To in any manner barter or give away as premiums either on his own account or as agent or representative for any other purpose, firm or corporation, any eyeglasses, spectacles, lenses or frames; or

             (8) To use drugs in the practice of optometry, except ((those topically applied for diagnostic or therapeutic purposes)) as authorized under RCW 18.53.010; or

             (9) To use advertising whether printed, radio, display, or of any other nature, which is misleading or inaccurate in any material particular, nor shall any such person in any way misrepresent any goods or services (including but without limitation, its use, trademark, grade, quality, size, origin, substance, character, nature, finish, material, content, or preparation) or credit terms, values, policies, services, or the nature or form of the business conducted; or

             (10) To advertise the "free examination of eyes," "free consultation," "consultation without obligation," "free advice," or any words or phrases of similar import which convey the impression to the public that eyes are examined free or of a character tending to deceive or mislead the public, or in the nature of "bait advertising;" or

             (11) To use an advertisement of a frame or mounting which is not truthful in describing the frame or mounting and all its component parts. Or advertise a frame or mounting at a price, unless it shall be depicted in the advertisement without lenses inserted, and in addition the advertisement must contain a statement immediately following, or adjacent to the advertised price, that the price is for frame or mounting only, and does not include lenses, eye examination and professional services, which statement shall appear in type as large as that used for the price, or advertise lenses or complete glasses, viz.: frame or mounting with lenses included, at a price either alone or in conjunction with professional services; or

             (12) To use advertising, whether printed, radio, display, or of any other nature, which inaccurately lays claim to a policy or continuing practice of generally underselling competitors; or

             (13) To use advertising, whether printed, radio, display or of any other nature which refers inaccurately in any material particular to any competitors or their goods, prices, values, credit terms, policies or services; or

             (14) To use advertising whether printed, radio, display, or of any other nature, which states any definite amount of money as "down payment" and any definite amount of money as a subsequent payment, be it daily, weekly, monthly, or at the end of any period of time.

 

             Sec. 3. RCW 69.41.030 and 1996 c 178 s 17 are each amended to read as follows:

             It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician under chapter 18.71 RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical or dental officer in the United States armed forces or public health service in the discharge of his or her official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his or her official duties, a registered nurse or advanced registered nurse practitioner under chapter 18.79 RCW when authorized by the nursing care quality assurance commission, an osteopathic physician assistant under chapter 18.57A RCW when authorized by the board of osteopathic medicine and surgery, a physician assistant under chapter 18.71A RCW when authorized by the medical quality assurance commission, a physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine, in any province of Canada which shares a common border with the state of Washington or in any state of the United States: PROVIDED, HOWEVER, That the above provisions shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his or her license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment: PROVIDED FURTHER, That nothing in this chapter or chapter 18.64 RCW shall prevent a family planning clinic that is under contract with the department of social and health services from selling, delivering, possessing, and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners.

 

             Sec. 4. RCW 69.50.101 and 1998 c 222 s 3 are each amended to read as follows:

             Unless the context clearly requires otherwise, definitions of terms shall be as indicated where used in this chapter:

             (a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

             (1) a practitioner authorized to prescribe (or by the practitioner's authorized agent); or

             (2) the patient or research subject at the direction and in the presence of the practitioner.

             (b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.

             (c) "Board" means the state board of pharmacy.

             (d) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or board rules.

             (e)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:

             (i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or

             (ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.

             (2) The term does not include:

             (i) a controlled substance;

             (ii) a substance for which there is an approved new drug application;

             (iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or

             (iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

             (f) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.

             (g) "Department" means the department of health.

             (h) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

             (i) "Dispenser" means a practitioner who dispenses.

             (j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

             (k) "Distributor" means a person who distributes.

             (l) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a component of any article specified in (1), (2), or (3) of this subsection. The term does not include devices or their components, parts, or accessories.

             (m) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.

             (n) "Immediate precursor" means a substance:

             (1) that the state board of pharmacy has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;

             (2) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and

             (3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.

             (o) "Isomer" means an optical isomer, but in RCW 69.50.101(r)(5), 69.50.204(a) (12) and (34), and 69.50.206(a)(4), the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any positional or geometric isomer.

             (p) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:

             (1) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or

             (2) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

             (q) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

             (r) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

             (1) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.

             (2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.

             (3) Poppy straw and concentrate of poppy straw.

             (4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.

             (5) Cocaine, or any salt, isomer, or salt of isomer thereof.

             (6) Cocaine base.

             (7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.

             (8) Any compound, mixture, or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).

             (s) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.

             (t) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

             (u) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

             (v) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

             (w) "Practitioner" means:

             (1) A physician under chapter 18.71 RCW, a physician assistant under chapter 18.71A RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW, a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.

             (2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

             (3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine in any state of the United States.

             (x) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.

             (y) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

             (z) "Secretary" means the secretary of health or the secretary's designee.

             (aa) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

             (bb) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

             (cc) "Electronic communication of prescription information" means the communication of prescription information by computer, or the transmission of an exact visual image of a prescription by facsimile, or other electronic means for original prescription information or prescription refill information for a Schedule III-V controlled substance between an authorized practitioner and a pharmacy or the transfer of prescription information for a controlled substance from one pharmacy to another pharmacy.

 

             NEW SECTION. Sec. 5. 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."

 

             Correct the title.

 

             With the consent of the House, amendments (102, 098 and 097) to the striking amendment (079) were withdrawn.

 

             Representative Schual-Berke moved the adoption of the following amendment (101) to the striking amendment (079):

 

             On page 3, line 4 of the amendment, strike "III through"

 

             On page 3, line 36 of the amendment, after "Schedule" strike "I and II" and insert "I, II, III, or IV"

 

             Representative Schual-Berke spoke in favor of adoption of the amendment.

 

             Representatives Campbell and Cody spoke against adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Schual-Berke moved the adoption of the following amendment (099) to the striking amendment (079):

 

             On page 3, line 8 of the amendment, after "board." insert "This list shall not include orally administered steroids."

             Representative Schual-Berke spoke in favor of adoption of the amendment.

 

             Representatives Campbell and Cody spoke against adoption of the amendment.

 

             The amendment was not adopted.

 

             With the consent of the House, amendment (100) was withdrawn.

 

             Representative Schual-Berke moved the adoption of the following amendment (103) to the striking amendment (079):

 

             On page 3, beginning on line 18 of the amendment, after "administer" strike "a controlled substance for treating pain" and insert "an oral legend drug for any condition or pain"

 

             On page 3, line 20 of the amendment, after "care" insert "or for any postoperative complication"

 

             On page 3, line 21 of the amendment, after "consultation" insert "and" and after "with" insert "the approval of"

 

             Representative Schual-Berke spoke in favor of adoption of the amendment.

 

             Representatives Campbell and Cody spoke against adoption of the amendment.

 

             Representative Schual-Berke spoke again in favor of adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Schual-Berke moved the adoption of the following amendment (096) to (097):

 

             On page 3, line 34 of the amendment, after "shock;" insert "surgery, including but not limited to"

 

             On page 3, line 37 of the amendment, after "substances." insert "This prohibition shall not include the following treatments: Removal of foreign bodies from the eye and surrounding areas, treatment of lesions of the eyelid, and the placement of temporary or permanent punctal or lacrimal plugs."

 

             Representative Schual-Berke spoke in favor of adoption of the amendment.

 

             Representative Campbell spoke against adoption of the amendment.

 

             Representative Schual-Berke spoke again in favor of the adoption of the amendment.

 

             The amendment was not adopted.

 

             There being no objection, amendment the striking amendment (079) to Substitute House Bill No. 2924 was adopted.

 

             The bill was ordered engrossed.

 

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

 

             Representatives Campbell, Cody and Lambert spoke in favor of passage of the bill.

 

             Representatives Schual-Berke and Alexander spoke against passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2034.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2034 and the bill passed the House by the following vote: Yeas - 80, Nays - 17, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Anderson, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Cody, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Gombosky, Grant, Haigh, Hankins, Hatfield, Hurst, Jackley, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Morell, Morris, Mulliken, Murray, O'Brien, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Sehlin, Simpson, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, and Speaker Chopp - 80.

             Voting nay: Representatives Alexander, Armstrong, Ballasiotes, Clements, Darneille, Fromhold, Hunt, Jarrett, Lantz, McIntire, Mitchell, Ogden, Schindler, Schual-Berke, Skinner, Woods, and Ballard - 17.

             Excused: Representative Edwards - 1.

 

             Engrossed Substitute House Bill No. 2034, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 2079 by Representatives Schual-Berke and Campbell

 

             Creating a program to certify refracting opticians.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 2079 was substituted for House Bill No. 2079 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 2079 was read the second time.

 

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

 

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

 

             Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 2079.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute House Bill No. 2079 and the bill passed the House by the following vote: Yeas - 61, Nays - 36, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Barlean, Benson, Berkey, Boldt, Bush, Cairnes, Campbell, Carrell, Casada, Cody, Conway, Cooper, Crouse, Darneille, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Gombosky, Haigh, Hatfield, Hunt, Jackley, Keiser, Kenney, Kirby, Lambert, Lantz, Linville, Lovick, McDermott, McMorris, Mielke, Miloscia, Morell, Murray, O'Brien, Ogden, Pearson, Pennington, Reardon, Rockefeller, Romero, Santos, Schmidt, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, and Wood - 61.

             Voting nay: Representatives Fromhold, Alexander, Anderson, Armstrong, Ballasiotes, Buck, B. Chandler, G. Chandler, Clements, Cox, DeBolt, Delvin, Fisher, Grant, Hankins, Hurst, Jarrett, Kagi, Kessler, Lisk, Marine, Mastin, McIntire, Mitchell, Morris, Mulliken, Pflug, Poulsen, Quall, Roach, Ruderman, Schindler, Schoesler, Woods, Speaker Ballard, and Speaker Chopp - 36.

             Excused: Representative Edwards - 1.

 

             Substitute House Bill No. 2079, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1418 by Representatives Gombosky, McMorris, Mulliken, Pennington, Ahern, Wood, Ogden, Benson, Reardon, Linville, Haigh, Miloscia, Simpson, McIntire, Santos, Rockefeller and Kessler

 

             Promoting community revitalization.

 

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

 

             Substitute House Bill No. 1418 was read the second time.

 

             With the consent of the House, amendments (051 and 068) were withdrawn.

 

             Representative Benson moved the adoption of the following amendment (104):

 

             On page 6, after line 12, insert:

             "NEW SECTION. Sec. 6. An increment area may only be created if voters of the local government creating the increment area approve a ballot proposition authorizing the creation of the increment area. The ballot proposition shall be submitted to these voters at a special election called under RCW 29.13.020."

 

             Renumber the following sections consecutively and correct internal references accordingly.

 

             On page 6, line 13, beginning with "Within" strike all the matter through "financing" on line 15, and insert "Within twenty-five days after voters of the local government approve a ballot proposition authorizing creation of the increment area"

 

             On page 8, after line 20, strike the remainder of the section

 

             Representatives Benson and Gombosky spoke in favor of adoption of the amendment.

 

             Representative Keiser spoke against adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

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

 

             Representatives Gombosky and Benson spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1418.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1418 and the bill passed the House by the following vote: Yeas - 77, Nays - 20, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Cairnes, Carrell, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lambert, Linville, Lovick, Marine, Mastin, McIntire, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Pennington, Pflug, Quall, Reardon, Rockefeller, Romero, Ruderman, Schmidt, Schoesler, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Chopp - 77.

             Voting nay: Representatives Esser, Ballasiotes, Bush, Campbell, Casada, B. Chandler, Crouse, Keiser, Lantz, Lisk, McDermott, Miloscia, Morell, Pearson, Poulsen, Roach, Santos, Schindler, Schual-Berke, and Ballard - 20.

             Excused: Representative Edwards - 1.

 

             Engrossed Substitute House Bill No. 1418, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1234 by Representatives Clements, Conway, Lisk, Wood, B. Chandler, Kessler, Kenney, Hurst, Keiser, Simpson, Ogden, Lovick, Morris, McIntire, Schmidt, Ruderman, O'Brien, Schual-Berke, Edwards, Kagi, Cody and Edmonds

 

             Revising apprenticeship law to respond to a 1999 United States department of labor audit.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 1234 was substituted for House Bill No. 1234 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 1234 was read the second time.

 

             Speaker Ballard announced that House Bill No. 1234 was co-prime sponsored by Representatives Clements and Conway.

 

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

 

             Representatives Clements and Conway spoke in favor of passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 1234.

 

             There being no objection, Representatives McIntire and Mielke were excused.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute House Bill No. 1234 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Eickmeyer, Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.

             Excused: Representatives Edwards, McIntire, and Mielke - 3.

 

             Substitute House Bill No. 1234, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1953 by Representatives Kessler and Buck

 

             Describing what is not an alteration of a mobile home.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 1953 was substituted for House Bill No. 1953 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 1953 was read the second time.

 

             Representative Kessler moved the adoption of the following amendment (076):

 

             Strike everything after the enacting clause and insert the following:

             "Sec. 1. RCW 19.27.015 and 1996 c 157 s 1 are each amended to read as follows:

             ((As used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "City" means a city or town((;)).

             (2) "Manufactured home" means a single-family dwelling built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.) and installed in accordance with standards adopted under RCW 43.22.440.

             (3) "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state, and installed in accordance with standards adopted under RCW 43.22.440.

             (4) "Multifamily residential building" means common wall residential buildings that consist of four or fewer units, that do not exceed two stories in height, that are less than five thousand square feet in area, and that have a one-hour fire-resistive occupancy separation between units((; and)).

             (((3))) (5) "Temporary growing structure" means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention.

 

             Sec. 2. RCW 19.27.020 and 1985 c 360 s 6 are each amended to read as follows:

             The purpose of this chapter is to promote the health, safety and welfare of the occupants or users of buildings ((and)), structures, and manufactured and mobile homes, and the general public by the provision of building codes throughout the state. Accordingly, this chapter is designed to effectuate the following purposes, objectives, and standards:

             (1) To require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire and life safety.

             (2) To require standards and requirements in terms of performance and nationally accepted standards.

             (3) To permit the use of modern technical methods, devices and improvements.

             (4) To eliminate restrictive, obsolete, conflicting, duplicating and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.

             (5) To provide for standards and specifications for making buildings and facilities accessible to and usable by physically disabled persons.

             (6) To consolidate within each authorized enforcement jurisdiction, the administration and enforcement of building codes.

 

             Sec. 3. RCW 19.27.031 and 1995 c 343 s 1 are each amended to read as follows:

              Except as otherwise provided in this chapter, there shall be in effect in all counties and cities the state building code which shall consist of the following codes which are hereby adopted by reference:

             (1) Uniform Building Code and Uniform Building Code Standards, published by the International Conference of Building Officials;

             (2) Uniform Mechanical Code, including Chapter 13, Fuel Gas Piping, Appendix B, published by the International Conference of Building Officials;

             (3) The Uniform Fire Code and Uniform Fire Code Standards, published by the International Fire Code Institute: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles;

             (4) Except as provided in RCW 19.27.170, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials: PROVIDED, That chapters 11 and 12 of such code are not adopted;((and))

             (5) The rules and regulations adopted by the council establishing standards for making buildings and facilities accessible to and usable by the physically handicapped or elderly persons as provided in RCW 70.92.100 through 70.92.160; and

             (6) With respect to alterations of manufactured homes, regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), as applicable.

             In case of conflict among the codes enumerated in subsections (1), (2), (3),((and)) (4), and (6) of this section, the first named code shall govern over those following.

             The codes enumerated in this section shall be adopted by the council as provided in RCW 19.27.074.

             The council may issue opinions relating to the codes at the request of a local official charged with the duty to enforce the enumerated codes.

 

             Sec. 4. RCW 19.27.060 and 1989 c 266 s 2 and 1989 c 246 s 1 are each reenacted and amended to read as follows:

             (1) The governing bodies of counties and cities may amend the codes enumerated in RCW 19.27.031 as amended and adopted by the state building code council as they apply within their respective jurisdictions, but the amendments shall not result in a code that is less than the minimum performance standards and objectives contained in the state building code.

             (a) No amendment to a code enumerated in RCW 19.27.031 as amended and adopted by the state building code council that affects single family or multifamily residential buildings shall be effective unless the amendment is approved by the building code council under RCW 19.27.074(1)(b).

             (b) Any county or city amendment to a code enumerated in RCW 19.27.031 which is approved under RCW 19.27.074(1)(b) shall continue to be effective after any action is taken under RCW 19.27.074(1)(a) without necessity of reapproval under RCW 19.27.074(1)(b) unless the amendment is declared null and void by the council at the time any action is taken under RCW 19.27.074(1)(a) because such action in any way altered the impact of the amendment.

             (2) Except as permitted or provided otherwise under this section, the state building code shall be applicable to all buildings and structures, and to all alterations of manufactured and mobile homes, including those buildings, structures, and manufactured and mobile homes owned by the state or by any governmental subdivision or unit of local government.

             (3) The governing body of each county or city may limit the application of any portion of the state building code to exclude specified classes or types of buildings or structures according to use other than single family or multifamily residential buildings: PROVIDED, That in no event shall fruits or vegetables of the tree or vine stored in buildings or warehouses constitute combustible stock for the purposes of application of the uniform fire code.

             (4) The provisions of this chapter shall not apply to any building four or more stories high with a B occupancy as defined by the uniform building code, 1982 edition, and with a city fire insurance rating of 1, 2, or 3 as defined by a recognized fire rating bureau or organization.

             (5) No provision of the uniform fire code concerning roadways shall be part of the state building code: PROVIDED, That this subsection shall not limit the authority of a county or city to adopt street, road, or access standards.

             (6) The provisions of the state building code may be preempted by any city or county to the extent that the code provisions relating to the installation or use of sprinklers in jail cells conflict with the secure and humane operation of jails.

             (7)(a) Effective one year after July 23, 1989, the governing bodies of counties and cities may adopt an ordinance or resolution to exempt from permit requirements certain construction or alteration of either group R, division 3, or group M, division 1 occupancies, or both, as defined in the uniform building code, 1988 edition, for which the total cost of fair market value of the construction or alteration does not exceed fifteen hundred dollars. The permit exemption shall not otherwise exempt the construction or alteration from the substantive standards of the codes enumerated in RCW 19.27.031, as amended and maintained by the state building code council under RCW 19.27.070.

             (b) Prior to July 23, 1989, the state building code council shall adopt by rule, guidelines exempting from permit requirements certain construction and alteration activities under (a) of this subsection.

             (8) Before December 1, 2001, the state building code council shall, for purposes of alterations of manufactured homes, adopt by rule regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and requirements for maintaining the certification label or other label that must be permanently affixed to a manufactured home under federal law.

 

             Sec. 5. RCW 43.22.335 and 1999 c 22 s 1 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.22.340 through 43.22.420.

             (1) (("Park trailer" means a park trailer as defined in the American National Standards Institute A119.5 standard for park trailers.

             (2) "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.

             (3))) "Conversion vendor units" means a motor vehicle or recreational vehicle that has been converted or built for the purpose of being used for commercial sales at temporary locations. The units must be less than eight feet six inches wide in the set-up position and the inside working area must be less than forty feet in length.

             (((4))) (2) "Installed manufactured home" means a manufactured home installed in accordance with the standards adopted under RCW 43.22.440.

             (3) "Manufactured home" means a single-family dwelling required to be built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.).

             (4) "Medical unit" means a self-propelled unit used to provide medical examinations, treatments, and medical and dental services or procedures, not including emergency response vehicles.

             (5) "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state.

             (6) "Park trailer" means a park trailer as defined in the American national standards institute A119.5 standard for park trailers.

             (7) "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.

 

             Sec. 6. RCW 43.22.340 and 1999 c 22 s 2 are each amended to read as follows:

             (1) The director shall adopt specific rules for conversion vending units and medical units. The rules for conversion vending units and medical units shall be established to protect the occupants from fire; to address other life safety issues; and to ensure that the design and construction are capable of supporting any concentrated load of five hundred pounds or more.

             (2) The director of labor and industries shall adopt rules governing safety of body and frame design, and the installation of plumbing, heating, and electrical equipment in manufactured and mobile homes, commercial coaches, recreational vehicles, and/or park trailers subject to the following: ((PROVIDED, That))

             (a) The director shall not prescribe or enforce rules governing the body and frame design of recreational vehicles and park trailers until after the American national standards institute shall have published standards and specifications upon this subject.

             (b) The rules shall be reasonably consistent with recognized and accepted principles of safety for body and frame design and plumbing, heating, and electrical installations, in order to protect the health and safety of the people of this state from dangers inherent in the use of substandard and unsafe body and frame design, construction, plumbing, heating, electrical, and other equipment and shall correlate with and, so far as practicable, conform to the then current standards and specifications of the American national standards institute standards A119.1 for mobile homes and commercial coaches, A119.2 for recreational vehicles, and A119.5 for park trailers.

             (c) Beginning on the effective date of rules adopted by the state building code council under RCW 19.27.060(8), alterations of installed manufactured or mobile homes are subject to the codes adopted under chapters 19.27 and 19.28 RCW, to be enforced and fees charged by a local building official or by the department of labor and industries under chapter 19.28 RCW, as applicable.

             (3)(a) Except as provided in (b) of this subsection, it shall be unlawful for any person to lease, sell or offer for sale, within this state, any manufactured or mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers manufactured after January 1, 1968, containing plumbing, heating, electrical, or other equipment, and after July 1, 1970 body and frame design or construction unless such equipment meets the requirements of the rules provided for in this section.

             (b) With respect to installed manufactured or mobile homes, this subsection applies only if an alteration of the home is a serious noncompliance with the rules provided for in this section and the use of the home constitutes a hazard to safety, health, or public welfare.

 

             Sec. 7. RCW 43.22.360 and 1999 c 22 s 4 are each amended to read as follows:

             (1) Plans and specifications of each model or production prototype of a manufactured or mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and/or park trailer showing body and frame design, construction, plumbing, heating and electrical specifications and data shall be submitted to the department of labor and industries for approval and recommendations with respect to compliance with the rules and standards of each of such agencies. When plans have been submitted and approved as required, no ((changes or)) alterations shall be made to body and frame design, construction, plumbing, heating or electrical installations or specifications shown thereon in any uninstalled manufactured or mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, or park trailer without prior written approval of the department of labor and industries.

             (2) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.

 

             Sec. 8. RCW 43.22.390 and 1999 c 22 s 7 are each amended to read as follows:

             Manufactured and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers subject to the provisions of RCW 43.22.340 through 43.22.410, and uninstalled manufactured and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers upon which alterations of body and frame design, construction or installations of plumbing, heating or electrical equipment referred to in RCW 43.22.360 are made after July 1, 1968, shall have affixed thereto such insigne of approval.

 

             Sec. 9. RCW 43.22.350 and 1999 c 22 s 3 are each amended to read as follows:

             (1) In compliance with any applicable provisions of this chapter, the director of the department of labor and industries shall establish a schedule of fees, whether on the basis of plan approval or inspection, for the issuance of an insigne which indicates that the manufactured or mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and/or park trailer complies with the provisions of RCW 43.22.340 through 43.22.410 or for any other purpose specifically authorized by any applicable provision of this chapter.

             (2) Insignia are not required on manufactured or mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers manufactured within this state for sale outside this state which are sold to persons outside this state.

 

             Sec. 10. RCW 43.22.370 and 1999 c 22 s 5 are each amended to read as follows:

             Any manufactured or mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and/or park trailer leased or sold in Washington and manufactured prior to July 1, 1968, which has not been inspected prior to its sale and which does not meet the requirements prescribed will not be required to comply with those requirements except for alterations or installations referred to in RCW 43.22.360.

 

             Sec. 11. RCW 43.22.380 and 1999 c 22 s 6 are each amended to read as follows:

             Used manufactured and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers manufactured for use outside this state which do not meet the requirements prescribed and have been used for six months or more will not be required to comply with those requirements except for alterations or installations referred to in RCW 43.22.360.

 

             Sec. 12. RCW 43.22.400 and 1995 c 280 s 11 are each amended to read as follows:

             If the director of the department of labor and industries determines that the standards for body and frame design, construction and the plumbing, heating and electrical equipment installed in manufactured or mobile homes, commercial coaches, recreational vehicles, and/or park trailers by the statutes or rules and regulations of other states are at least equal to the standards prescribed by this state, he or she may so provide by regulation. Any manufactured or mobile home, commercial coach, recreational vehicle, and/or park trailer which a state listed in such regulations has approved as meeting its standards for body and frame design, construction and plumbing, heating and electrical equipment shall be deemed to meet the standards of the director of the department of labor and industries, if he or she determines that the standards of such state are actually being enforced.

 

             Sec. 13. RCW 43.22.410 and 1999 c 22 s 8 are each amended to read as follows:

             Any manufactured or mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and/or park trailer that meets the requirements prescribed under RCW 43.22.340 shall not be required to comply with any ordinances of a city or county prescribing requirements for body and frame design, construction or plumbing, heating and electrical equipment installed in manufactured or mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers.

 

             Sec. 14. RCW 43.22.420 and 1999 c 22 s 9 are each amended to read as follows:

             There is hereby created a factory assembled structures advisory board consisting of nine members to be appointed by the director of labor and industries. It shall be the purpose and function of the board to advise the director on all matters pertaining to the enforcement of this chapter including but not limited to standards of body and frame design, construction and plumbing, heating and electrical installations, minimum inspection procedures, the adoption of rules pertaining to the manufacture of factory assembled structures, ((mobile)) manufactured homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and park trailers. The advisory board shall periodically review the rules adopted under RCW 43.22.450 through 43.22.490 and shall recommend changes of such rules to the department if it deems changes advisable.

             The members of the advisory board shall be representative of consumers, the regulated industries, and allied professionals. The term of each member shall be four years. However, the director may appoint the initial members of the advisory board to staggered terms not exceeding four years.

             The chief inspector or any person acting as chief inspector for the factory assembled structures, manufactured or mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and park trailer section shall serve as secretary of the board during his tenure as chief. Meetings of the board shall be called at the discretion of the director of labor and industries, but at least quarterly. Each member of the board shall be paid travel expenses in accordance with RCW 43.03.050 and 43.03.060 which shall be paid out of the appropriation to the department of labor and industries, upon vouchers approved by the director of labor and industries or his or her designee.

 

             Sec. 15. RCW 43.22.431 and 1977 ex.s. c 21 s 1 are each amended to read as follows:

             The director of the department of labor and industries may enforce ((mobile)) manufactured home safety and construction standards adopted by the secretary of housing and urban development under the national ((Mobile)) manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore, the director may make agreements with the United States government and private inspection organizations to implement the development and enforcement of applicable provisions of this chapter and the national ((Mobile)) manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426).

 

             Sec. 16. RCW 43.22.432 and 1977 ex.s. c 21 s 2 are each amended to read as follows:

             The department may adopt all standards and regulations adopted by the secretary under the national ((Mobile)) manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426) for ((mobile)) manufactured home construction and safety standards. If any deletions or amendments to the federal standards or regulations are thereafter made and notice thereof is given to the department, the standards or regulations shall be considered automatically adopted by the state under this chapter after the expiration of thirty days from publication in the federal register of a final order describing the deletions or amendments unless within that thirty day period the department objects to the deletion or amendment. In case of objection, the department shall proceed under the rule making procedure of chapter 34.05 RCW.

 

             Sec. 17. RCW 43.22.434 and 1999 c 22 s 10 are each amended to read as follows:

             (1) The director or the director's authorized representative may conduct such inspections, investigations, and audits as may be necessary to adopt or enforce manufactured and mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, park trailer, factory built housing, and factory built commercial structure rules adopted under the authority of this chapter or to carry out the director's duties under this chapter.

             (2) For purposes of enforcement of this chapter, persons duly designated by the director upon presenting appropriate credentials to the owner, operator, or agent in charge may:

             (a) At reasonable times and without advance notice enter any factory, warehouse, or establishment in which manufactured and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, park trailers, factory built housing, and factory built commercial structures are manufactured, stored, or held for sale;

             (b) At reasonable times, within reasonable limits, and in a reasonable manner inspect any factory, warehouse, or establishment as required to comply with the standards adopted by the secretary of housing and urban development under the national ((Mobile)) manufactured home construction and safety standards act of 1974. Each inspection shall be commenced and completed with reasonable promptness; and

             (c) As requested by an owner of a conversion vending unit or medical unit, inspect an alteration.

             (3) The department shall set a schedule of fees by rule which will cover the costs incurred by the department in the administration of RCW 43.22.335 through 43.22.490.

 

             Sec. 18. RCW 43.22.440 and 1988 c 239 s 5 are each amended to read as follows:

             (1) The legislature finds that inspections of manufactured and mobile home installation are not done on a consistent basis. Manufactured and mobile homes provide housing for many people in the state, and improperly installed manufactured or mobile homes are a serious health and safety risk. Where possible and practical, manufactured and mobile homes should be treated the same as any housing inhabited or to be inhabited by persons in this state, including housing built according to the state building code.

             (2) In consultation with the factory assembled structures advisory board for ((mobile)) manufactured homes, the director of labor and industries shall by rule establish uniform standards for the performance and workmanship of installation service and warranty service by persons or entities engaged in performing the services within this state for all manufactured and mobile homes, as defined in RCW 46.04.302. The standards shall conform, where applicable, with statutes, rules, and recommendations established under the ((federal)) national ((mobile)) manufactured home construction and safety standards act of 1974 (42 U.S.C. Sec. 5401 et seq.). These rules regarding the installation of manufactured and mobile homes shall be enforced and fees charged by the counties and cities in the same manner the state building code is enforced under RCW 19.27.050.

              (3) In addition to and in conjunction with the remedies provided in this chapter, failure to remedy any breach of the standards and rules so established, upon adequate notice and within a reasonable time, is a violation of the consumer protection act, chapter 19.86 RCW and subject to the remedies provided in that chapter.

 

             Sec. 19. RCW 43.22.442 and 1980 c 153 s 2 are each amended to read as follows:

             A manufacturer of ((mobile)) manufactured homes who designates a representative within this state to provide consumers with warranty service for ((mobile)) manufactured homes on behalf of the manufacturer shall make reasonable and timely compensation to the representative for performance of the warranty service.

 

             Sec. 20. RCW 43.22.450 and 1973 1st ex.s. c 22 s 1 are each amended to read as follows:

             Whenever used in RCW 43.22.450 through 43.22.490:

             (1) "Department" means the Washington state department of labor and industries;

             (2) "Approved" means approved by the department;

             (3) "Factory built housing" means any structure designed primarily for human occupancy other than a manufactured or mobile home the structure or any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site;

             (4) "Install" means the assembly of factory built housing or factory built commercial structures at a building site;

             (5) "Building site" means any tract, parcel or subdivision of land upon which factory built housing or a factory built commercial structure is installed or is to be installed;

             (6) "Local enforcement agency" means any agency of the governing body of any city or county which enforces laws or ordinances governing the construction of buildings;

             (7) "Commercial structure" means a structure designed or used for human habitation, or human occupancy for industrial, educational, assembly, professional or commercial purposes.

 

             NEW SECTION. Sec. 21. This act applies to installed manufactured and mobile homes without regard to the date of installation."

 

Correct the title.

 

             Representatives Kessler and Buck spoke in favor of adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

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

 

             Representatives Kessler, Buck and Clements spoke in favor of passage of the bill.

 

             Representative Conway spoke against passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1953.

 

             There being no objection, Representatives Cairnes and Simpson were excused.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1953 and the bill passed the House by the following vote: Yeas - 75, Nays - 19, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Ericksen, Esser, Gombosky, Grant, Haigh, Hankins, Hatfield, Jarrett, Kagi, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, Woods, Speaker Ballard, and Speaker Chopp - 75.

             Voting nay: Representatives Edmonds, Berkey, Cody, Conway, Cooper, Darneille, Fisher, Fromhold, Hunt, Hurst, Jackley, Keiser, Kenney, Ogden, Schual-Berke, Sommers, Tokuda, Veloria, and Wood - 19.

             Excused: Representatives Cairnes, Edwards, McIntire, and Simpson - 4.

 

 

             Engrossed Substitute House Bill No. 1953, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 1012 by Representatives Mitchell, Fisher, Poulsen, McDermott, Ogden and Dunn

 

             Allowing Washington state ferry fares to be increased in excess of the fiscal growth factor.

 

             The bill was read the second time.

 

             Representative Marine moved the adoption of the following amendment (107):

 

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

 

             "NEW SECTION. Sec. 2 Upon any increase of ferry tolls in excess of the fiscal growth factor as provided for in section 1 of this act, the department shall use no more than $10,000 of the revenues generated by the increased fares to conduct a study of the local roadway and parking impacts of vehicular ferry traffic on municipalities in which ferry terminals are located. The department shall report its findings and make recommendations for mitigating the identified impacts to the legislature on or before January 1, 2002. The department shall issue its report electronically, posting it on the department’s web site for the public, and transmitting the report to the legislature through the use of electronic mail."

 

             Renumber the remaining section consecutively.

 

             Representatives Marine, Fisher, Morris and Mitchell spoke in favor of adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

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

 

             Representatives Mitchell, Fisher, Erickson and Cooper spoke in favor of passage of the bill.

 

             Representatives Morris and Quall spoke against passage of the bill.

 

             Speaker Ballard stated the question before the House to be the final passage of Engrossed House Bill No. 1012.

 

             There being no objection, Representative Carrell was excused.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed House Bill No. 1012 and the bill passed the House by the following vote: Yeas - 68, Nays - 27, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Benson, Boldt, Cairnes, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Edmonds, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Jarrett, Kagi, Kenney, Kirby, Lambert, Linville, Lisk, Marine, Mastin, McMorris, Mielke, Mitchell, Mulliken, Murray, Ogden, Pennington, Pflug, Poulsen, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Speaker Ballard, and Speaker Chopp - 68.

             Voting nay: Representatives Barlean, Berkey, Buck, Bush, Campbell, Casada, Dunshee, Eickmeyer, Haigh, Hurst, Jackley, Keiser, Kessler, Lantz, Lovick, McDermott, Miloscia, Morell, Morris, O'Brien, Pearson, Quall, Reardon, Roach, Rockefeller, Simpson, and Woods - 27.

             Excused: Representatives Carrell, Edwards and McIntire - 3.

 

             Engrossed House Bill No. 1012, having received the necessary constitutional majority, was declared passed.

 

             There being no objection, the remaining bills on the Second Reading calendar were referred to the Rules Committee.

 

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

 

             There being no objection, the House adjourned until 10:00 a.m., March 15, 2001, the 67th Legislative Day.

 

CLYDE BALLARD, Speaker                                                                     FRANK CHOPP, Speaker

TIMOTHY A. MARTIN, Chief Clerk                                                         CYNTHIA ZEHNDER, Chief Clerk