WHEREAS, Fred Oldfield was born in 1918 in Washington State and raised on the Yakama Indian reservation, where he experienced many of the stories he tells with his paints; and

      WHEREAS, As one of the Granddaddies of Western Art, The Fred Oldfield Western Heritage Center has been built at the Puyallup fairgrounds in Puyallup, Washington; and

      WHEREAS, The Center is dedicated to the preservation of his dream of sharing his love of life, his Western Art, and the history of the American West for all generations to come; and

      WHEREAS, His artwork is in collections around the world; and

      WHEREAS, Fred has won numerous awards for his work and at the age of eighty-five has just released a teaching video, Paint Like a Cowboy, where he shares his secrets of palette knife painting; and

      WHEREAS, Fred is very active in his community and has raised thousands of dollars for community projects with his paintings; and

      WHEREAS, His favorite recognition is the look in the eyes of children as he tells about his days on the range, time around the campfire, eating from the chuck wagon, and helping your neighbors with old time barn raisings; and

      WHEREAS, Fred Oldfield has lived his entire life in the Northwest and has given back to his community on a daily basis; and

      WHEREAS, The Governor has proclaimed March 18, 2003, as "Fred Oldfield Day";

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate joins in celebrating Fred Oldfield Day to honor this remarkable man; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Fred Oldfield, the Puyallup Fairgrounds, the city of Puyallup, the Governor, and the Lieutenant Governor.

      Senators Kastama, Rasmussen, Eide, Oke, Honeyford and Deccio spoke to Senate Resolution 8643.

INTRODUCTION OF SPECIAL GUEST

      The President welcomed and introduced the children and grandchildren of Fred Oldfield, who were seated in the back of the chamber: Joella and Jerry Oldfield, Brett Morrison, Kerrie Nevin, Bryce Morrison and Sophie Nevin.

      With permission of the Senate, business was suspended to permit Fred Oldfield to address the Senate.

MOTION

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

SECOND READING

      SENATE BILL NO. 5266, by Senators Oke, T. Sheldon, Swecker, B. Sheldon, Doumit, Sheahan and Esser

Concerning the commercial harvest of geoduck clams.

      The bill was read the second time.

MOTION

      On motion of Senator Oke, the rules were suspended, Senate Bill No. 5266 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5266.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5266 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

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

     Voting nay: Senator Fairley - 1.

     Excused: Senator West - 1.

      SENATE BILL NO. 5266, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Eide, Senator Kline was excused.

SECOND READING

      SENATE BILL NO. 5829, by Senators Deccio, Thibaudeau and Winsley

Providing for the registration of nursing technicians.

MOTIONS

      On motion of Senator Deccio, Substitute Senate Bill No. 5829 was substituted for Senate Bill No. 5829 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Deccio, the rules were suspended, Substitute Senate Bill No. 5829 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5829.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5829 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

     Excused: Senator Kline - 1.

      SUBSTITUTE SENATE BILL NO. 5829, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Hewitt, Senator Deccio was excused.

SECOND READING

      SENATE BILL NO. 5279, by Senators Prentice, Swecker, Horn, Haugen, Doumit, Finkbeiner, Benton, Esser, Morton, Johnson, T. Sheldon, Hargrove, Brandland, Honeyford, Jacobsen, Oke and Rasmussen

Extending the expiration date of the transportation permit efficiency and accountability committee.

      The bill was read the second time.

MOTION

      Senator Prentice moved that the following striking amendment by Senators Prentice, Swecker, Horn and Haugen be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 47.06C.010 and 2001 1st sp.s. c 2 s 1 are each amended to read as follows:

       The legislature finds that the public health and safety of its citizens, the natural resources, and the environment are vital interests of the state that need to be protected and preserved. The legislature further finds that the safety of the traveling public and the state's economic well-being are vital interests that depend upon the development of cost-effective and efficient transportation systems planned, designed, constructed, and maintained through expedited permit decision-making processes.

       It is the intent of the legislature to achieve transportation permit reform that expedites the delivery of ((statewide significant)) transportation projects through a streamlined approach to environmental permit decision making. To optimize the limited resources available for transportation system improvements and environmental protection, state regulatory and natural resource agencies, public and private sector interests, Indian tribes, local and regional governments, applicable federal agencies, and the department of transportation must work cooperatively to establish common goals, minimize project delays, develop consistency in the application of environmental standards, maximize environmental benefits through coordinated investment strategies, and eliminate duplicative processes through assigned responsibilities of selected permit drafting and compliance activities between state and federal agencies.

       Therefore, the transportation permit efficiency and accountability committee is created. The committee shall integrate current environmental standards, but may not create new environmental standards. The committee shall conduct three environmental permit streamlining pilot projects and create a process to develop general permits. Additionally, the committee shall seek federal delegation to the state where appropriate to streamline transportation projects.

       Sec. 2. RCW 47.06C.040 and 2001 1st sp.s. c 2 s 4 are each amended to read as follows:

       (1)(a) The committee and its authorized technical subcommittees shall develop a one-stop permit decision-making process that uses interdisciplinary review of transportation projects of statewide significance to streamline and expedite permit decision making. The committee shall collaborate with appropriate agencies and parties to identify existing environmental standards, to assess the application of those standards, and develop an integrated permitting process based upon environmental standards and best management practices, which may use prescriptive or performance standards, for transportation projects of statewide significance that can be applied with certainty, consistency, and assurance of swift permit action, while taking into account the varying environmental conditions throughout the state.

       (b) By June 30, 2003, the committee shall develop a detailed work plan of one-stop permitting activities for review by the legislature. The work plan must include both a schedule to use the one-stop permit process on all funded transportation projects of statewide significance and any additional resources needed to ensure that this occurs. This work plan must include a process that enables the department to propose permit terms and conditions for permitting agency review and approval.

       (c) The committee shall provide a status report to the legislature by December 31, 2003, and shall also identify barriers and opportunities to achieve a concurrent public review process, concurrent public hearings, and a unified appeals process for one-stop permitting.

       (2) The committee shall give notice to the legislative authority of each affected county and city of the projects that are designated as transportation projects of statewide significance.

       (3) The committee shall create a technical subcommittee with representation at a minimum from the department of fish and wildlife, the department of ecology, and the department of transportation.

       (a) Within six months from the first meeting of the committee, the subcommittee shall create a process to develop a programmatic approach for transportation projects. The committee shall review the department's construction project list to determine which projects or activities may be included in the programmatic approach and develop agreements ((to cover)) with a goal of covering seventy percent of those projects or activities with programmatic agreements. At a minimum, this process must require that decisions on minor variations to the requirements of a programmatic approach must be provided by the permit decision-making agencies within twenty-one days of submittal.

       (b) By June 30, 2003, the committee shall prioritize programmatic agreement opportunities identified in (a) of this subsection, develop a detailed work plan to achieve the goals set forth, and submit the report and plan to the legislature. The work plan must be reviewed and updated on a quarterly basis and submitted to the legislature twice yearly. This work plan must include the following elements:

       (I) A schedule of activities and resources needed to achieve completion of the nine highest priority multiagency programmatic agreements by June 30, 2004;

       (ii) A prioritized list of the remaining departmental activities eligible for programmatic, multiagency consideration by September 30, 2003;

       (iii) A schedule of activities and resources to achieve completion of the prioritized list of programmatic agreements by December 31, 2005.

       (c) The committee shall work with local governments to identify opportunities to integrate local government requirements in the agreements or permits identified in (b) of this subsection.

       (d) The technical subcommittee's recommendations must be approved by a majority of the voting members of the committee.

       (4) The committee shall explore the development of a consolidated local permit process.

       (5) The committee shall conduct one or more pilot projects to implement the collaborative review process set forth in RCW 36.70A.430 to review and coordinate state and local permits for a transportation project funded in the transportation budget and that crosses more than one city or county boundary.

       (6) The committee shall appoint a task force of representatives from cities and counties, the department of transportation, and other agencies as appropriate to identify one or more city or county permits for activities for which uniform standards can be developed for application by local governments. It is the goal of the task force to develop uniform standards and best practices for these identified permits that may be used by local governments in issuing their permits. The task force shall identify strategies for local governments to adapt these standards and best practices to local conditions. The committee shall encourage local governments to use these standards and best practices in local ordinances. The task force shall submit a progress report to the committee and the legislature by December 31, 2003, and shall conclude its work and report its final recommendations for review to the committee and the legislature no later than December 31, 2004.

       (7) The committee shall develop and prioritize a list of permit streamlining opportunities, specifically identifying substantive and procedural duplications and recommendations for resolving those duplications. The committee shall evaluate current laws and regulations and develop recommendations on ways to minimize the lapsing of permits. The committee shall evaluate flexible approaches that maximize transportation and environmental interests and make recommendations regarding where those approaches should be implemented. ((The committee shall report its findings and recommendations to the legislature by January 15, 2002.

       (6))) (8) The committee shall undertake the following activities to develop a watershed approach to environmental mitigation:

       (a) Develop methodologies for analyzing environmental impacts and applying compensatory mitigation consistent with a watershed-based approach before final design, including least cost methodology and low- impact development methodology;

       (b) Assess models to collate and access watershed data to support early agency involvement in transportation planning and reviews under the national Environmental Policy Act and the State Environmental Policy Act; ((and))

       (c) Use existing best available information from watershed planning efforts, lead entities, regional fisheries enhancement groups, and other recognized entities as deemed appropriate by the committee, to determine potential mitigation requirements for projects within a watershed. Priority consideration should be given to the use of the state's alternative mitigation policy guidance to best link transportation mitigation needs with local watershed and lead entity project lists; and

       (d) By June 30, 2003, develop a detailed work plan that covers watershed-based mitigation activities. This work plan must be submitted to the legislature and include the following elements:

       (I) A schedule of activities and resources needed to complete a watershed-based mitigation policy by December 31, 2003, that covers elements of permitting deemed appropriate by the committee;

       (ii) A schedule of activities and resources needed to develop watershed-based mitigation decision-making tools by June 30, 2004;

       (iii) A schedule of activities and resources needed to complete a test of technical and policy methods of watershed-based mitigation decision making by December 31, 2004, for a funded project in an urbanized area of the state; and

       (iv) A schedule to integrate watershed-based mitigation policies, technical tools, and procedures for projects by June 30, 2005.

       (((7))) (9)(a) The committee shall seek federal delegation to the state where appropriate to streamline permit processes for transportation projects of statewide significance including: Delegation of section 404 permit authority under the Clean Water Act; nonfederal lead agency status under the federal Endangered Species Act; section 106 cultural resource designation under the National Historic Preservation Act; and other appropriate authority that when delegated should result in permit streamlining.

       (((8))) (b) The department, the department of ecology, and the department of fish and wildlife shall jointly review relevant federal, state, and local environmental laws, regulations, policies, guidance, studies, and streamlining initiatives, and shall report to the committee and the legislature by September 30, 2003, on those instances where such might allow for delegation to the department or some other duly recognized entity as appropriate. The report must include recommendations on:

       (I) How to delegate consistent with federal permit streamlining efforts contained in new federal transportation authorizations and under Presidential Executive Order number 13274, Environmental Stewardship and Transportation Infrastructure Project Reviews, September 18, 2002;

       (ii) How to maximize possible use of programmatic approaches to simplify issuance of federally required permits and project approvals;

       (iii) The scope, roles, and responsibilities associated with any such delegation, especially as relates to regulatory standard setting, permitting, and oversight; and

       (iv) A work plan and schedule of activities and resources needed to implement the recommendations of the department, the department of ecology, and the department of fish and wildlife on this matter.

       The committee shall take action on the report, and shall report to the legislature by December 31, 2003, and every six months thereafter on the status of such delegation efforts.

       (10) The committee shall develop a dispute resolution process to resolve conflicts in interpretation of environmental standards and best management practices, mitigation requirements, permit requirements, assigned responsibilities, and other related issues by September 1, 2001. The dispute resolution process may not abrogate or supplant any appeal right of any party under existing statutes. The dispute resolution process must be designed to include federal agencies if they choose to participate.

       (((9))) (11) The committee shall develop preliminary models and strategies for agencies to test how best to maximize the environmental investment of transportation funds on a watershed basis. After agencies test the models and strategies developed by the committee, the committee shall evaluate the models and strategies and make recommendations to the legislature.

       (((10))) (12) The committee shall develop a consistent methodology for the timely and predictable submittal and evaluation of completed plans and specifications detailing project elements that impact environmental resources as well as proposed mitigation measures during the preliminary specifications and engineering phase of project development and submit information on the consistent methodology to the legislature.

       (((11))) (13) The committee shall provide a summary report to the legislature on ((September 15, 2001)) December 31, 2003, and every six months thereafter that details the committee's status and performance and its progress in implementing its master work plan.

       Sec. 3. RCW 47.06C.901 and 2001 1st sp.s. c 2 s 13 are each amended to read as follows:

       This act expires March 31, ((2003)) 2006.

       NEW SECTION. Sec. 4. 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."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Prentice, Swecker, Horn and Haugen to Senate Bill No. 5279.

      The motion by Senator Prentice carried and the striking amendment was adopted.

MOTIONS

      On motion of Senator Prentice, the following title amendment was adopted:

       On line 2 of the title, after "committee;" strike the remainder of the title and insert "amending RCW 47.06C.010, 47.06C.040, and 47.06C.901; and declaring an emergency."

      On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 5279 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5279.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5279 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

     Absent: Senator Finkbeiner - 1.

     Excused: Senators Deccio and Kline - 2.

      ENGROSSED SENATE BILL NO. 5279, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5770, by Senators Horn, Haugen, Swecker and Kline

Regulating motorized foot scooters.

MOTIONS

      On motion of Senator Horn, Substitute Senate Bill No. 5770 was substituted for Senate Bill No. 5770 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Jacobsen, the following amendments by Senators Jacobsen and Horn were considered simultaneously and were adopted:

       On page 5, line 26, after "bicycles" strike "and motorized foot scooters"

       On page 5, line 28, after "bicycles." strike "Electric-" and insert "Subject to subsection (6) of this section, electric-"

       On page 5, line 34, after "(6)" insert "Subsections (1) and (4) of this section do not apply to motorized foot scooters. Subsection (2) of this section applies to motorized foot scooters when the bicycle path, trail, bikeway, equestrian trail, or hiking or recreational trail was built or is maintained with federal highway transportation funds. Additionally, any new trail or bicycle path or readily identifiable existing trail or bicycle path not built or maintained with federal highway transportation funds may be used by persons operating motorized foot scooters only when appropriately signed.

       (7)"

       On page 6, line 4, before "The" strike "(7)" and insert "(((7))) (8)"

MOTION

      On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 5770 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5770.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5770 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Carlson, Doumit, Eide, Esser, Finkbeiner, Fraser, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Mulliken, Oke, Parlette, Prentice, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 28.

     Voting nay: Senators Brandland, Brown, Fairley, Franklin, Hargrove, Kohl-Welles, McAuliffe, McCaslin, Morton, Poulsen, Rasmussen, Reardon, Regala, Roach, Sheldon, B., Shin, Spanel, Thibaudeau and West - 19.

     Excused: Senators Deccio and Kline - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5770, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5431, by Senators Oke, Prentice, Horn, Haugen and Rasmussen (by request of Department of Licensing)

Updating laws on drugs and alcohol use by commercial drivers.

      The bill was read the second time.

MOTION

      On motion of Senator Oke, the rules were suspended, Senate Bill No. 5431 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5431.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5431 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

     Excused: Senator Deccio - 1.

      SENATE BILL NO. 5431, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5713, by Senators Honeyford, Prentice, Hewitt, Rasmussen, Mulliken, Sheahan and Oke

Modifying provisions concerning electricians.

MOTION

      On motion of Senator Honeyford, Substitute Senate Bill No. 5713 was substituted for Senate Bill No. 5713 and the substitute bill was placed on second reading and read the second time.

MOTION

      Senator Keiser moved that the following amendment by Senators Keiser and Honeyford be adopted:

       On page 5, after "equipment" on line 35, insert the following:

       "if the person or entity has received a letter from a manufacturer of that category of equipment recognizing the person's or entity's qualifications to repair, maintain, or replace that type of equipment and the individual working on the equipment either (a) has a written verification issued by the employer that the individual has at least two thousand hours of experience repairing, maintaining or replacing equipment, or (b) is directly supervised by an individual with such a verification"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Keiser an Honeyford on page 5, after line 35, to Substitute Senate Bill No. 5713.

      The motion by Senator Keiser carried and the amendment was adopted.

MOTION

      On motion of Senator Honeyford, the rules were suspended, Engrossed Substitute Senate Bill No. 5713 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5713.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5713 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Eide, Esser, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 38.

     Voting nay: Senators Doumit, Fairley, Fraser, Keiser, Kohl-Welles, McAuliffe, Regala, Sheldon, B., Spanel and Thibaudeau - 10.

     Absent: Senator Kline - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5713, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Eide, Senator Kline was excused.

SECOND READING

      SENATE BILL NO. 5374, by Senators Roach, Fairley, Horn, Stevens, McAuliffe and Winsley (by request of Secretary of State Reed)

Administering funds received under the Help America Vote Act.

      The bill was read the second time.

MOTION

      On motion of Senator Roach, the following striking amendment by Senators Roach and Kastama was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 29.04 RCW to read as follows:

       (1) The election account is created in the state treasury.

       (2) The following receipts must be deposited into the account:

Amounts received from the federal government under Public Law 107-252 (October 29, 2002), known as the "Help America Vote Act of 2002," including any amounts received under subsequent amendments to the act;

amounts appropriated or otherwise made available by the state legislature for the purposes of carrying out activities for which federal funds are provided to the state under Public Law 107-252, including any amounts received under subsequent amendments to the act;

and such other amounts as may be appropriated by the legislature to the account.

        (3) Moneys in the account may be spent only after appropriation. Expenditures from the account may be made only to facilitate the implementation of Public Law 107-252.

       Sec. 2. RCW 43.84.092 and 2002 c 242 s 2 and 2002 c 114 s 24 are each reenacted and amended to read as follows:

        (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

       (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

       (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

       (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

       (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

       (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

       (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

       NEW SECTION. Sec. 3 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."

MOTIONS

      On motion of Senator Roach, the following title amendment was adopted:

       On page 1, line 1 after "account;" strike the remainder of the title and insert "reenacting and amending RCW 43.84.092; adding a new section to Chapter 29.04 RCW; and declaring an emergency."

      On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 5374 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5374.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5374 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

     Absent: Senator Poulsen - 1.

     Excused: Senator Kline - 1.

      ENGROSSED SENATE BILL NO. 5374, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5779, by Senators Stevens, Hargrove, Kohl-Welles, McAuliffe, Winsley and Oke

Preserving sibling relationships for dependent children.

MOTION

      On motion of Senator Stevens, Substitute Senate Bill No. 5779 was substituted for Senate Bill No. 5779 and the substitute bill was placed on second reading and read the second time.

MOTION

      On motion of Senator Stevens, the following striking amendment by Senators Stevens and Hargrove was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. It is the intent of the legislature to recognize the importance of emotional ties formed by siblings with each other, especially in those circumstances which warrant court intervention into family relationships. It is the intent of the legislature to encourage the courts and public agencies which deal with families to acknowledge and give thoughtful consideration to the quality and nature of sibling relationships when intervening in family relationships. It is not the intent of the legislature to create legal obligations or responsibilities between siblings and other family members whether by blood or marriage, step families, foster families, or adopted families that do not already exist. Neither is it the intent of the legislature to mandate sibling placement, contact, or visitation if there is reasonable cause to believe that the health, safety, or welfare of a child or siblings would be jeopardized. Finally, it is not the intent of the legislature to manufacture or anticipate family relationships which do not exist at the time of the court intervention, or to disrupt already existing positive family relationships.

       Sec. 2. RCW 13.34.030 and 2002 c 52 s 3 are each amended to read as follows:

       For purposes of this chapter:

       (1) "Abandoned" means when the child's parent, guardian, or other custodian has expressed, either by statement or conduct, an intent to forego, for an extended period, parental rights or responsibilities despite an ability to exercise such rights and responsibilities. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon.

       (2) "Child" and "juvenile" means any individual under the age of eighteen years.

       (3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until: (a) The child returns home; (b) an adoption decree, a permanent custody order, or guardianship order is entered; or (c) the dependency is dismissed, whichever occurs first.

       (4) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to this chapter for the limited purpose of assisting the court in the supervision of the dependency.

       (5) "Dependent child" means any child who:

       (a) Has been abandoned;

       (b) Is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or

       (c) Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

       (6) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual.

       (7) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

       (8) "Guardian ad litem" means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

       (9) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

       (10) "Indigent" means a person who, at any stage of a court proceeding, is:

       (a) Receiving one of the following types of public assistance: Temporary assistance for needy families, general assistance, poverty- related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or

       (b) Involuntarily committed to a public mental health facility; or

       (c) Receiving an annual income, after taxes, of one hundred twenty- five percent or less of the federally established poverty level; or

       (d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.

       (11) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

       (12) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services, including housing services, capable of preventing the need for out-of- home placement while protecting the child. Housing services may include, but are not limited to, referrals to federal, state, local, or private agencies or organizations, assistance with forms and applications, or financial subsidies for housing.

       (13) "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to RCW 74.15.030.

       (14) "Sibling" means a child's birth brother, birth sister, adoptive brother, adoptive sister, half-brother, or half-sister, or as defined by the law or custom of the Indian child's tribe for an Indian child as defined in 25 U.S.C. Sec. 1903(4).

       (15) "Social study" means a written evaluation of matters relevant to the disposition of the case and shall contain the following information:

       (a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

       (b) A description of the specific services and activities, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services and activities are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify the services chosen and approved by the parent;

       (c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;

       (d) A statement of the likely harms the child will suffer as a result of removal;

       (e) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs including an assessment of the child's relationship and emotional bond with any siblings, and the agency's plan to provide ongoing contact between the child and the child's siblings if appropriate; and

       (f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.

       Sec. 3. RCW 13.34.130 and 2002 c 52 s 5 are each amended to read as follows:

       If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030 after consideration of the social study prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

       (1) The court shall order one of the following dispositions of the case:

       (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In determining the disposition, the court should choose those services, including housing assistance, that least interfere with family autonomy and are adequate to protect the child.

       (b) Order the child to be removed from his or her home and into the custody, control, and care of a relative or the department or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is: (I) Related to the child as defined in RCW 74.15.020(2)(a) with whom the child has a relationship and is comfortable; and (ii) willing and available to care for the child.

       (2) Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

       (a) There is no parent or guardian available to care for such child;

       (b) The parent, guardian, or legal custodian is not willing to take custody of the child; or

       (c) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger.

       (3) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court shall consider whether it is in ((the)) a child's best interest to be placed with, have contact with, or have visits with siblings. ((The court must consider ordering that such contact or visits take place))

       (a) There shall be a presumption that such placement, contact, or visits are in the best interests of the child provided that:

       (((a))) (I) The court has jurisdiction over all siblings subject to the order of placement, contact, or visitation pursuant to petitions filed under this chapter or the parents of a child for whom there is no jurisdiction are willing to agree; and

       (((b) Contact or visitation is in the best interests of each child covered by the court's order; and

       (c))) (ii) There is no reasonable cause to believe that the health, safety, or welfare of any child subject to the order of placement, contact, or visitation would be jeopardized or that efforts to reunite the parent and child would be hindered by such placement, contact, or visitation. In no event shall parental visitation time be reduced in order to provide sibling visitation.

       (b) The court may also order placement, contact, or visitation of a child with a step-brother or step-sister provided that in addition to the factors in (a) of this subsection, the child has a relationship and is comfortable with the step-sibling.

       (4) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the requirements of RCW 13.34.132 are met.

       (5) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

       Sec. 4. RCW 13.34.136 and 2002 c 52 s 6 are each amended to read as follows:

       (1) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

       (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; successful completion of a responsible living skills program; or independent living, if appropriate and if the child is age sixteen or older. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW;

       (b) Unless the court has ordered, pursuant to RCW 13.34.130(((3))) (4), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, what steps the agency will take to promote existing appropriate sibling relationships and/or facilitate placement together or contact in accordance with the best interests of each child, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

       (I) The agency plan shall specify what services the parents will be offered to enable them to resume custody, what requirements the parents must meet to resume custody, and a time limit for each service plan and parental requirement.

       (ii) The agency shall encourage the maximum ((parent-child)) parent and child and sibling contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

       (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

       (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department has existing contracts to purchase. It shall report to the court if it is unable to provide such services; and

       (c) If the court has ordered, pursuant to RCW 13.34.130(((3))) (4), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents if the court orders a termination petition be filed. However, reasonable efforts to ensure visitation and contact between siblings shall be made unless there is reasonable cause to believe the health, safety, or welfare of the child or siblings would be jeopardized.

       (2) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

       (3) The court shall consider the child's relationships with the child's siblings in accordance with RCW 13.34.130(3).

       Sec. 5. RCW 13.34.138 and 2001 c 332 s 5 are each amended to read as follows:

       (1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The initial review hearing shall be an in-court review and shall be set six months from the beginning date of the placement episode or no more than ninety days from the entry of the disposition order, whichever comes first. The initial review hearing may be a permanency planning hearing when necessary to meet the time frames set forth in RCW 13.34.145(3) or 13.34.134. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. This review shall consider both the agency's and parent's efforts that demonstrate consistent measurable progress over time in meeting the disposition plan requirements. The requirements for the initial review hearing, including the in-court requirement, shall be accomplished within existing resources. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

       (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

       (b) If the child is not returned home, the court shall establish in writing:

       (I) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

       (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

       (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

       (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

       (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

       (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

       (vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

       (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

       (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

       (2) The court's ability to order housing assistance under RCW 13.34.130 and this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.

       (3) The court shall consider the child's relationship with siblings in accordance with RCW 13.34.130(3).

       Sec. 6. RCW 13.34.145 and 2000 c 135 s 4 and 2000 c 122 s 20 are each reenacted and amended to read as follows:

       (1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.

       (a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; long- term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; a responsible living skills program; and independent living, if appropriate and if the child is age sixteen or older and the provisions of subsection (2) of this section are met.

       (b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.

       (c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

       (d) For purposes related to permanency planning:

       (I) "Guardianship" means a dependency guardianship, a legal guardianship pursuant to chapter 11.88 RCW, or equivalent laws of another state or a federally recognized Indian tribe.

       (ii) "Permanent custody order" means a custody order entered pursuant to chapter 26.10 RCW.

       (iii) "Permanent legal custody" means legal custody pursuant to chapter 26.10 RCW or equivalent laws of another state or of a federally recognized Indian tribe.

       (2) Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial, personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

       (3) A permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree, guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.

       (4) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve months, as provided in subsection (3) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree, guardianship order, or a permanent custody order is entered, or the dependency is dismissed.

       (5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

       (6) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.138 and shall review the permanency plan prepared by the agency. If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280 and 13.34.138. If a goal of long- term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:

       (a)(I) Order the permanency plan prepared by the agency to be implemented; or

       (ii) Modify the permanency plan, and order implementation of the modified plan; and

       (b)(I) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

       (ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

       (7) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.138, and the court shall determine the need for continued intervention.

       (8) The juvenile court may hear a petition for permanent legal custody when: (a) The court has ordered implementation of a permanency plan that includes permanent legal custody; and (b) the party pursuing the permanent legal custody is the party identified in the permanency plan as the prospective legal custodian. During the pendency of such proceeding, the court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court hearing shall be held for the purpose of determining whether dependency should be dismissed. If a guardianship or permanent custody order has been entered, the dependency shall be dismissed.

       (9) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a legal guardianship or permanent legal custody when the requirements of subsection (8) of this section are met.

       (10) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

       (11) Except as provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.138, until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

       (12) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

       (13) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights. The court shall consider the child's relationships with siblings in accordance with RCW 13.34.130.

       (14) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.

       Sec. 7. RCW 13.34.200 and 2000 c 122 s 27 are each amended to read as follows:

       (1) Upon the termination of parental rights pursuant to RCW 13.34.180, all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceedings concerning the child: PROVIDED, That any support obligation existing prior to the effective date of the order terminating parental rights shall not be severed or terminated. The rights of one parent may be terminated without affecting the rights of the other parent and the order shall so state.

       (2) An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child from any third person, agency, state, or the United States, nor shall any action under this chapter be deemed to affect any rights and benefits that an Indian child derives from the child's descent from a member of a federally recognized Indian tribe.

       (3) An order terminating the parent-child relationship shall include a statement addressing the status of the child's sibling relationships and the nature and extent of sibling placement, contact, or visits.

       Sec. 8. RCW 13.34.210 and 2000 c 122 s 28 are each amended to read as follows:

       If, upon entering an order terminating the parental rights of a parent, there remains no parent having parental rights, the court shall commit the child to the custody of the department or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption. If an adoptive home has not been identified, the department or agency shall place the child in a licensed foster home, or take other suitable measures for the care and welfare of the child. The custodian shall have authority to consent to the adoption of the child consistent with chapter 26.33 RCW, the marriage of the child, the enlistment of the child in the armed forces of the United States, necessary surgical and other medical treatment for the child, and to consent to such other matters as might normally be required of the parent of the child.

       If a child has not been adopted within six months after the date of the order and a guardianship of the child under RCW 13.34.231 or chapter 11.88 RCW, or a permanent custody order under chapter 26.10 RCW, has not been entered by the court, the court shall review the case every six months until a decree of adoption is entered except for those cases which are reviewed by a citizen review board under chapter 13.70 RCW. The supervising agency shall take reasonable steps to ensure that the child maintains relationships with siblings as provided in RCW 13.34.130(3) and shall report to the court the status and extent of such relationships."

MOTIONS

      On motion of Senator Stevens, the following title amendment was adopted:

       On page 1, line 1 of the title, after "children;" strike the remainder of the title and insert "amending RCW 13.34.030, 13.34.130, 13.34.136, 13.34.138, 13.34.200, and 13.34.210; reenacting and amending RCW 13.34.145; and creating a new section."

      On motion of Senator Stevens, the rules were suspended, Engrossed Substitute Senate Bill No. 5779 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5779.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5779 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

     Voting nay: Senator Haugen - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5779, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5235, by Senators Hargrove, Morton and Doumit

Concerning environmental impact statements on certain state trust lands.

MOTIONS

      On motion of Senator Hargrove, Substitute Senate Bill No. 5235 was substituted for Senate Bill No. 5235 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5235 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5235.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5235 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Deccio, Doumit, Esser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West and Zarelli - 33.

     Voting nay: Senators Brandland, Eide, Fairley, Finkbeiner, Franklin, Fraser, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Regala, Spanel, Thibaudeau and Winsley - 16.

      SUBSTITUTE SENATE BILL NO. 5235, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5785, by Senators Parlette, Doumit, Benton, Mulliken, Schmidt and Honeyford

Concerning the use of a nonhighway vehicle on certain nonhighway roads or trails that are restricted to pedestrian or animal travel.

MOTIONS

      On motion of Senator Oke, Substitute Senate Bill No. 5785 was substituted for Senate Bill No. 5785 and the substitute bill was placed on second reading and read the second time.

      On notion of Senator Oke, the following striking amendment by Senators Oke and Parlette was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.09.120 and 1979 ex.s. c 136 s 41 are each amended to read as follows:

       (1) It is a traffic infraction for any person to operate any nonhighway vehicle:

       (a) In such a manner as to endanger the property of another;

       (b) On lands not owned by the operator or owner of the nonhighway vehicle without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others regardless of ownership;

       (c) On lands not owned by the operator or owner of the nonhighway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership;

       (d) Without a spark arrester approved by the department of natural resources;

       (e) Without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the "A" scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred and five decibels on the "A" scale at a distance of twenty inches from the exhaust outlet shall be an acceptable substitute in lieu of the Society of Automotive Engineers test procedure J 331a when measured:

       (i) At a forty-five degree angle at a distance of twenty inches from the exhaust outlet;

       (ii) With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and

       (iii) With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle;

       (f) On lands not owned by the operator or owner of the nonhighway vehicle upon the shoulder or inside bank or slope of any nonhighway road or highway, or upon the median of any divided highway;

       (g) On lands not owned by the operator or owner of the nonhighway vehicle in any area or in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation;

       (h) On lands not owned by the operator or owner of the nonhighway vehicle or on any nonhighway road or trail ((which is)), when these are restricted to pedestrian or animal travel; and

       (i) On any public lands in violation of rules and regulations of the agency administering such lands.

       (2) It is a misdemeanor for any person to operate any nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance."

MOTIONS

      On motion of Senator Oke, the following title amendment was adopted:

       On page 1, line 2 of the title, after "trail;" strike the remainder of the title and insert "and amending RCW 46.09.120."

      On motion of Senator Oke, the rules were suspended, Engrossed Substitute Senate Bill No. 5785 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5785.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5785 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5785, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5600, by Senators Schmidt, Kohl-Welles, Esser, Finkbeiner, Rossi, Horn and Winsley

Regulating disposition of returned license plates.

MOTIONS

      On motion of Senator Schmidt, Substitute Senate Bill No. 5600 was substituted for Senate Bill No. 5600 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Schmidt, the rules were suspended, Substitute Senate Bill No. 5600 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5600.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5600 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5600, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5852, by Senators Honeyford, Prentice, Hewitt, Keiser, Oke and Parlette

Enacting procedural enhancements to the master settlement agreement.

MOTIONS

      On motion of Senator Honeyford, Substitute Senate Bill No. 5852 was substituted for Senate Bill No. 5852 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5852 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5852.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5852 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5852, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5345, by Senators Haugen, Swecker, Doumit, Morton, Rasmussen, Hargrove and Horn

Excluding certain drainage infrastructure from fishway provisions.

MOTIONS

      On motion of Senator Swecker, Substitute Senate Bill No. 5345 was substituted for Senate Bill No. 5345 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Swecker, the rules were suspended, Substitute Senate Bill No. 5345 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5345.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5345 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

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

     Voting nay: Senators Brown, Fairley, Franklin, Kohl-Welles and Thibaudeau - 5.

      SUBSTITUTE SENATE BILL NO. 5345, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5448, by Senators Carlson, Kohl-Welles, Mulliken, Horn, Brown and Schmidt (by request of Governor Locke)

Changing tuition provisions for institutions of higher education.

MOTIONS

      On motion of Senator Carlson, Substitute Senate Bill No. 5448 was substituted for Senate Bill No. 5448 and the substitute bill was placed on second reading and read the second time.

      Senator Kohl-Welles moved that the following amendment by Senators Kohl-Wells, Fairley and Shin be adopted:

       On page 6, line 16, after "act" insert "not to exceed annual increases in the consumer price index"

      Debate ensued.

MOTION

      On motion of Senator Kohl-Wells, and there being no objection, the amendment on page 6, line 16, to Substitute Senate Bill No. 5448 was withdrawn.

MOTION

      Senator Carlson moved that the following amendment by Senators Carlson and Kohl-Welles be adopted:

       On page 6, after line 26, insert the following:

       (4) Academic year tuition for full-time students at the state's institutions of higher education beginning with the 2009-2010, other than summer term, shall be as charged during the 2008-09 academic year unless different rates are adopted by the legislature.

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Carlson and Kohl-Wells on page 6, after line 26, to Substitute Senate Bill No. 5448.

      The motion by Senator Carlson carried and the amendment was adopted.

MOTION

      Senator Kohl-Welles moved that the following amendment by Senators Kohl-Welles, Carlson, Fairley and Shin be adopted       On page 6, after line 35, insert the following:

       "(6) For the academic years 2003-04 through 2008-09, institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic year 2003-04 through academic year 2008-09 to assist needy low and middle-income resident graduate academic students."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl-Welles, Carlson, Fairley and Shin on page 6, line 35, to Substitute Senate Bill No. 5448.

      The motion by Senator Kohl-Welles carried and the amendment was adopted.

MOTION

      On motion of Senator Carlson, the rules were suspended, Engrossed Substitute Senate Bill No. 5448 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

MOTION

      On motion of Senator Finkbeiner, the three minute rule was suspend for the next five minutes.

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5448.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5448 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Esser, Finkbeiner, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Rossi, Schmidt, Sheahan, Spanel, Stevens, Swecker, West and Zarelli - 34.

     Voting nay: Senators Doumit, Eide, Fairley, Franklin, Haugen, Kastama, McAuliffe, Prentice, Regala, Roach, Sheldon, B., Sheldon, T., Shin, Thibaudeau and Winsley - 15.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5448, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5053, by Senators Hale, McCaslin, Schmidt, Honeyford, Parlette, T. Sheldon, Hewitt, Johnson and Oke

Prohibiting agencies from adopting rules that exceed federal standards without legislative authority.

MOTIONS

      On motion of Senator Roach, Substitute Senate Bill No. 5053 was substituted for Senate Bill No. 5053 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5053 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

       The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5053.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5053 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 25.

     Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 24.

      SUBSTITUTE SENATE BILL NO. 5053, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5787, by Senators Morton, Prentice, Hale, Jacobsen, Kohl-Welles, Hewitt, Doumit and Horn

Protecting water quality.

MOTIONS

      On motion of Senator Morton, Substitute Senate Bill No. 5787 was substituted for Senate Bill No. 5787 and the substitute bill was placed on second reading and read the second time.

MOTION

      Senator Fraser moved that the following amendment by Senators Fraser and Keiser be adopted:

       On page 2, line 5, after "(2)" insert "If fill material will be placed directly into waters of the state, the department shall require, in any water quality certification issued under section 401 of the federal clean water act, a baseline analysis of the quality of the waters of the state, both surface and ground, that may be affected by the placement of the fill material. If such an analysis concludes that water quality standards are not being met, the department shall not allow use of the leaching test specified in subsection (1) of this section to evaluate the suitability of potential fill material.

       (3)"

      Debate ensued. Morton, Jacobsen

      The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Keiser on page 2 line 5, to Substitute Senate Bill No. 5787.

      The motion by Senator Fraser failed and the amendment was not adopted.

MOTION

      Senator Keiser moved that the following amendment by Senators Keiser, Poulsen and Eide be adopted:

       On page 2, line 5, after "(2)" insert "If fill material will be placed directly into or affect waters of the state, the department shall require, in any water quality certification issued under section 401 of the federal clean water act, additional screening and sampling for contaminants of any potential fill material previously moved to and stockpiled for subsequent use at the project site. The stockpiled potential fill material must be determined not to contain concentrations of contaminants that exceed natural background levels in soils in the area. Any stockpiled potential fill material determined to contain concentrations of contaminants that exceed natural background levels in soils in the area must not be used as fill material and must be removed from the project site.

       (3)"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Keiser, Poulsen and Eide on page 2, line 5, to Substitute Senate Bill No. 5787.

      The motion by Senator Keiser failed and the amendment was not adopted.

MOTION

      Senator Keiser moved that the following amendment by Senators Keiser, Poulsen and Eide be adopted:

       On page 2, line 5, after "(2)" insert "If fill material will be placed directly into or affect waters of the state, the department shall require, in any water quality certification issued under section 401 of the federal clean water act, that levels of arsenic be determined, by means of appropriate screening and sampling, not to exceed seven milligrams per kilogram of any potential fill material.

       (3)"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Keiser, Poulsen and Eide on page 2, line 5, to Substitute Senate Bill No. 5787.

      The motion by Senator Keiser failed and the amendment was not adopted.

MOTION

      On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5787 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      Senators Sheahan, McCaslin and Hale demanded the previous question and the demand was sustained..

      The President declared the question before the Senate to shall the main question be now put.

      The demand for the previous question carried.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5787.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5787 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Deccio, Doumit, Esser, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 37.

    Voting nay: Senators Brown, Carlson, Eide, Fairley, Fraser, Keiser, Kline, McAuliffe, Poulsen, Rasmussen, Spanel and Thibaudeau - 12.

      SUBSTITUTE SENATE BILL NO. 5787, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      At 3:29 p.m., on motion of Senator Sheahan, the Senate recessed until 6:00 p.m.

      The Senate was called to order at 6:00 p.m. by President Owen.

MOTION

      On motion of Senator West, Senators McCaslin and Zarelli were excused.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

      On motion of Senator Fraser, Gubernatorial Appointment No. 9131, Richard N. Wadley, as a member of the Board of Trustees for South Puget Sound Community College District No. 24, was confirmed.

APPOINTMENT OF RICHARD N. WADLEY

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 9; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, Morton, Mulliken, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 38.

     Absent: Senators Brown, Deccio, Fairley, Haugen, Kline, Oke, Parlette, Rossi and Schmidt - 9.

     Excused: Senators McCaslin and Zarelli - 2.

MOTION

      On motion of Senator Eide, Senators Brown, Fairley, Haugen and Kline were excused.

MOTION

      On motion of Senator Hewitt, Senators Deccio, Rossi and Schmidt were excused.

SECOND READING

      SENATE BILL NO. 5987, by Senators Swecker, Haugen, Horn, Jacobsen, Prentice, Esser, Oke and Rasmussen

Delineating the roles and responsibilities of transportation agencies.

MOTIONS

      On motion of Senator Horn, Substitute Senate Bill No. 5987 was substituted for Senate Bill No. 5987 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5987 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5987.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5987 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

     Voting yea: Senators Benton, Brandland, Carlson, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 40.

     Excused: Senators Brown, Deccio, Fairley, Haugen, Kline, McCaslin, Rossi, Schmidt and Zarelli - 9.

      SUBSTITUTE SENATE BILL NO. 5987, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5592, by Senators Mulliken, Eide, Johnson, Haugen, Sheahan and McCaslin

Allowing attorney issued garnishments and simplifying garnishment answer forms.

MOTIONS

      On motion of Senator Mulliken, Substitute Senate Bill No. 5592 was substituted for Senate Bill No. 5592 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Mulliken, the rules were suspended, Substitute Senate Bill No. 5592 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5592.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5592 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 43.

     Voting nay: Senators Brown, Keiser, Spanel and Thibaudeau - 4.

     Excused: Senators McCaslin and Schmidt - 2.

      SUBSTITUTE SENATE BILL NO. 5592, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE JOINT MEMORIAL NO. 8015, by Senators Sheahan, Hale and Rasmussen

Petitioning Congress to adopt procedures for selling wheat reserves that preserve the integrity of the market.

      The joint memorial was read the second time.

MOTION

      On motion of Senator Sheahan, the rules were suspended, Senate Joint Memorial No. 8015 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No.. 8015.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8015 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

     Excused: Senator Schmidt - 1.

      SENATE JOINT MEMORIAL NO. 8015, having received the constitutional majority, was declared passed..

SECOND READING

      SENATE BILL NO. 6026, by Senator West

Authorizing special assessments to fund convention and trade promotion.

MOTION

      On motion of Senator West, Substitute Senate Bill No. 6026 was substituted for Senate Bill No. 6026 and the substitute bill was placed on second reading and read the second time.

MOTION

      On motion of Senator West, the following striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 35.87A.010 and 2000 c 201 s 1 are each amended to read as follows:

       To aid general economic development and neighborhood revitalization, and to facilitate the cooperation of merchants, businesses, and residential property owners which assists trade, economic viability, and liveability, the legislature hereby authorizes all counties and all incorporated cities and towns, including unclassified cities and towns operating under special charters:

       (1) To establish, after a petition submitted by the operators responsible for sixty percent of the assessments by businesses and multifamily residential or mixed-use projects within the area, parking and business improvement areas, hereafter referred to as area or areas, for the following purposes:

       (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area;

       (b) Decoration of any public place in the area;

       (c) Sponsorship or promotion of public events which are to take place on or in public places in the area;

       (d) Furnishing of music in any public place in the area;

       (e) Providing professional management, planning, and promotion for the area, including the management and promotion of retail trade and tourism activities in the area; ((or))

       (f) Providing maintenance and security for common, public areas.

       (2) To levy special assessments on all businesses and multifamily residential or mixed-use projects within the area and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs incurred therein as provided in this chapter.

       (3) To impose a convention and tourism promotion charge in the parking and business improvement area as authorized under section 3 of this act, the proceeds of which shall be used for the purpose of funding convention and tourism promotion.

       Sec. 2. RCW 35.87A.020 and 1993 c 429 s 2 are each amended to read as follows:

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

       (1) "Business" means all types of business, including professions.

       (2) "Convention and tourism promotion" means (a) activities and expenditures designed to increase tourism and convention business, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to

expand tourism; and operating tourism destination marketing organizations; and (b) the activities under (a) of this subsection that are located in a county with a population greater than four hundred thousand, but less than one million.

       (3) "Legislative authority" means the legislative authority of any city or town, including unclassified cities or towns operating under special charters, or the legislative authority of any county.

       (((3))) (4) "Multifamily residential or mixed-use project" means any building or buildings containing four or more residential units or a combination of residential and commercial units, whether title to the entire property is held in single or undivided ownership or title to individual units is held by owners who also, directly or indirectly through an association, own real property in common with the other unit owners.

       (((4))) (5) "Residential operator" means the owner or operator of a multifamily residential or mixed-use project if title is held in single or undivided ownership, or, if title is held in a form of common interest ownership, the association of unit owners, condominium association, homeowners' association, property owners' association, or residential cooperative corporation.

       NEW SECTION. Sec. 3. A new section is added to chapter 35.87A RCW to read as follows:

       (1) A legislative authority that has created a parking and business improvement area under this chapter may impose a convention and tourism promotion charge on the furnishing of lodging in the parking and business improvement area, as provided in this section. The charge shall be in addition to any other assessments, fees, or taxes authorized by law, including the special assessment already authorized under this chapter prior to the effective date of this act.

       (2) The legislative authority may not provide for more than six classifications upon which the charge shall be imposed. Classifications can be based on the number of rooms, room revenue, or location within the area. Each classification may have its own rate, which shall be expressed in terms of nights of stay. In no case may the rate under this section be in excess of two dollars per night of stay. The legislative authority shall provide for exemptions from the charge that parallels any exemptions in regard to furnishing lodging under chapter 82.08 RCW.

       (3)(a) For administrative ease the charge shall be administered by the department of revenue and shall be collected from those persons who are taxable by the state under chapter 82.08 RCW.

       (b) Chapter 82.32 RCW applies to the charge imposed under this section.

       (c) The legislative authority shall contract for, at least seventy- five days prior to the effective date of a resolution or ordinance imposing the charge, the administration and collection by the department of revenue. The remainder of any portion of any charge authorized by this chapter that is collected by the department of revenue shall be deposited by the department of revenue in the convention and tourism promotion account hereby created as an account in the custody of the state treasurer. The state treasurer shall distribute the moneys in the account on a monthly basis to the legislative authority on whose behalf the money was collected.

       (4) Moneys received from any charge imposed under this section shall be used to fund convention and tourism promotion.

       (5) The charge imposed under this section is not a tax on the "sale of lodging" as that term is defined in RCW 82.14.410.

       Sec. 4. RCW 43.79A.040 and 2002 c 322 s 5, 2002 c 204 s 7, and 2002 c 61 s 6 are each reenacted and amended to read as follows:

       (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

       (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

       (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

       (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

       (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington state combined fund drive account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the convention and tourism promotion account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

       (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

       (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section."

MOTIONS

      On motion of Senator West, the following title amendment was adopted

       On page 1, line 2 of the title, after "promotion;" strike the remainder of the title and insert "amending RCW 35.87A.010 and 35.87A.020; reenacting and amending RCW 43.79A.040; and adding a new section to chapter 35.87A RCW."

      On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6026 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6026.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6026 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Fairley, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 41.

     Voting nay: Senators Benton, Esser, Finkbeiner, Fraser, Johnson, McCaslin, Roach and Zarelli - 8.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6026, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5977, by Senators Esser, Schmidt, Eide, Finkbeiner, Poulsen, Reardon, Stevens, T. Sheldon and Shin

      Personal wireless service facilities in state highway rights of way

MOTIONS

      On motion of Senator Esser, Substitute Senate Bill No. 5977 was substituted for Senate Bill No. 5977 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Esser, the following striking amendment by Senators Esser, Reardon, Finkbeiner, Poulsen, Eide, Schmidt and Stevens was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. Personal wireless service is a critical part of the state's infrastructure. The rapid deployment of personal wireless service facilities is critical to ensure public safety, network access, quality of service, and rural economic development. The use of all state highway rights of way must be permitted for the deployment of personal wireless service facilities.

       Sec. 2. RCW 47.04.010 and 1975 c 62 s 50 are each amended to read as follows:

       The following words and phrases, wherever used in this title, shall have the meaning as in this section ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the chapter of which they are a part:

       (1) "Alley." A highway within the ordinary meaning of alley not designated for general travel and primarily used as a means of access to the rear of residences and business establishments;

       (2) "Arterial highway." Every highway, as herein defined, or portion thereof designated as such by proper authority;

       (3) "Business district." The territory contiguous to and including a highway, as herein defined, when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway;

       (4) "Center line." The line, marked or unmarked parallel to and equidistant from the sides of a two-way traffic roadway of a highway except where otherwise indicated by painted lines or markers;

       (5) "Center of intersection." The point of intersection of the center lines of the roadways of intersecting highways;

       (6) "City street." Every highway as herein defined, or part thereof located within the limits of incorporated cities and towns, except alleys;

       (7) "Combination of vehicles." Every combination of motor vehicle and motor vehicle, motor vehicle and trailer, or motor vehicle and semitrailer;

       (8) "Commercial vehicle." Any vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for hire;

       (9) "County road." Every highway as herein defined, or part thereof, outside the limits of incorporated cities and towns and which has not been designated as a state highway, or branch thereof;

       (10) "Crosswalk." The portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line ten feet therefrom, except as modified by a marked crosswalk;

       (11) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;

       (12) "Intersection area." (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict;

       (b) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection;

       (c) The junction of an alley with a street or highway shall not constitute an intersection;

       (((12))) (13) "Intersection control area." The intersection area as herein defined, together with such modification of the adjacent roadway area as results from the arc or curb corners and together with any marked or unmarked crosswalks adjacent to the intersection;

       (((13))) (14) "Laned highway." A highway the roadway of which is divided into clearly marked lanes for vehicular traffic;

       (((14))) (15) "Local authorities." Every county, municipal, or other local public board or body having authority to adopt local police regulations under the Constitution and laws of this state;

       (((15))) (16) "Marked crosswalk." Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface thereof;

       (((16))) (17) "Metal tire." Every tire, the bearing surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material;

       (((17))) (18) "Motor truck." Any motor vehicle, as herein defined, designed or used for the transportation of commodities, merchandise, produce, freight, or animals;

       (((18))) (19) "Motor vehicle." Every vehicle, as herein defined, which is in itself a self-propelled unit;

       (((19))) (20) "Multiple lane highway." Any highway the roadway of which is of sufficient width to reasonably accommodate two or more separate lanes of vehicular traffic in the same direction, each lane of which shall be not less than the maximum legal vehicle width, and whether or not such lanes are marked;

       (((20))) (21) "Operator." Every person who drives or is in actual physical control of a vehicle as herein defined;

       (((21))) (22) "Peace officer." Any officer authorized by law to execute criminal process or to make arrests for the violation of the statutes generally or of any particular statute or statutes relative to the highways of this state;

       (((22))) (23) "Pedestrian." Any person afoot;

       (((23))) (24) "Person." Every natural person, firm, copartnership, corporation, association, or organization;

       (((24))) (25) "Personal wireless service." Any federally licensed personal wireless service;

       (26) "Personal wireless service facilities." Unstaffed facilities that are used for the transmission or reception, or both, of personal wireless services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;

       (27) "Pneumatic tires." Every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon;

       (((25))) (28) "Private road or driveway." Every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons;

       (((26) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;

       (27))) (29) "Railroad." A carrier of persons or property upon vehicles, other than street cars, operated upon stationary rails, the route of which is principally outside incorporated cities and towns;

       (((28))) (30) "Railroad sign or signal." Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;

       (((29))) (31) "Residence district." The territory contiguous to and including the highway, as herein defined, not comprising a business district, as herein defined, when the property on such highway for a continuous distance of three hundred feet or more on either side thereof is in the main improved with residences or residences and buildings in use for business;

       (((30))) (32) "Roadway." The paved, improved, or proper driving portion of a highway designed, or ordinarily used for vehicular travel;

       (((31))) (33) "Safety zone." The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards, or otherwise so as to be plainly discernible;

       (((32))) (34) "Sidewalk." That property between the curb lines or the lateral lines of a roadway, as herein defined, and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a highway and dedicated to use by pedestrians;

       (((33))) (35) "Solid tire." Every tire of rubber or other resilient material which does not depend upon inflation with compressed air for the support of the load thereon;

       (((34))) (36) "State highway." Every highway as herein defined, or part thereof, which has been designated as a state highway, or branch thereof, by legislative enactment;

       (((35))) (37) "Street car." A vehicle other than a train, as herein defined, for the transporting of persons or property and operated upon stationary rails principally within incorporated cities and towns;

       (((36))) (38) "Traffic." Pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together while using any highways for purposes of travel;

       (((37))) (39) "Traffic control signal." Any traffic device, as herein defined, whether manually, electrically, or mechanically operated, by which traffic alternately is directed to stop or proceed or otherwise controlled;

       (((38))) (40) "Traffic devices." All signs, signals, markings, and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic;

       (((39))) (41) "Train." A vehicle propelled by steam, electricity, or other motive power with or without cars coupled thereto, operated upon stationary rails, except street cars;

       (((40))) (42) "Vehicle." Every device capable of being moved upon a highway and in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

       Words and phrases used herein in the past, present, or future tense shall include the past, present, and future tenses; words and phrases used herein in the masculine, feminine, or neuter gender shall include the masculine, feminine, and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary.

       NEW SECTION. Sec. 3. A new section is added to chapter 47.44 RCW to read as follows:

       This chapter does not apply to leases issued for the deployment of personal wireless service facilities as provided in section 5 of this act.

       Sec. 4. RCW 47.52.001 and 1961 c 13 s 47.52.001 are each amended to read as follows:

       (1) Unrestricted access to and from public highways has resulted in congestion and peril for the traveler. It has caused undue slowing of all traffic in many areas. The investment of the public in highway facilities has been impaired and highway facilities costing vast sums of money will have to be relocated and reconstructed.

       (2) Personal wireless service is a critical part of the state's infrastructure. The rapid deployment of personal wireless service facilities is critical to ensure public safety, network access, quality of service, and rural economic development.

       (3) It is, therefore, the declared policy of this state to limit access to the highway facilities of this state in the interest of highway safety and for the preservation of the investment of the public in such facilities; except that the use of the rights of way of limited access facilities must be permitted for the deployment of personal wireless service facilities.

       NEW SECTION. Sec. 5. A new section is added to chapter 47.04 RCW to read as follows:

       (1) For the purposes of this section:

       (a) "Right of way" means all state-owned land within a state highway corridor.

       (b) "Service provider" means every corporation, company, association, joint stock association, firm, partnership, or person that owns, operates, or manages any personal wireless service facility. "Service provider" includes a service provider's contractors, subcontractors, and legal successors.

       (2) The department shall establish a process for issuing a lease for the use of the right of way by a service provider.

       (a) The lease must include the right of direct ingress and egress from the highway to the personal wireless service facility during nonpeak hours if public safety is not adversely affected. However, direct ingress and egress shall be allowed at any time for the construction of the facility if public safety is not adversely affected. The lease may specify an indirect ingress and egress to the facility if it is reasonable and available for the particular location.

       (b) The lease must require that personal wireless service facilities are installed and maintained within the right of way so as not to adversely affect public safety.

       (3) The cost of the lease must be limited to the fair market value of the portion of the right of way being used by the service provider and the direct administrative expenses incurred by the department in processing the lease application.

       If the department and the service provider are unable to agree on the cost of the lease, the service provider may submit the cost of the lease to binding arbitration by serving written notice on the department. Within thirty days of receiving the notice, each party shall furnish a list of acceptable arbitrators. The parties shall select an arbitrator; failing to agree on an arbitrator, each party shall select one arbitrator and the two arbitrators shall select a third arbitrator for an arbitration panel. The arbitrator or panel shall determine the cost of the lease based on comparable siting agreements. Costs of the arbitration, including compensation for the arbitrator's services, must be borne equally by the parties participating in the arbitration and each party shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the arbitration proceeding.

       (4) The department shall act on an application for a lease within sixty days of receiving a completed application, unless a service provider consents to a different time period.

       (5) The reasons for a denial of a lease application must be supported by substantial evidence contained in a written record.

       (6) The department may adopt rules to implement this section.

       (7) All lease money paid to the department under this section shall be deposited in the motor vehicle fund created in RCW 46.68.070.

       NEW SECTION. Sec. 6. The process for issuing leases required in section 5(2) of this act must be established by the effective date of this act.

       NEW SECTION. Sec. 7. The department shall prepare a report on the implementation of the lease process. The report must be submitted to the house of representatives technology, telecommunications, and energy committee and the senate technology and communications committee by January 15, 2004.

       NEW SECTION. Sec. 8. Applications for wireless site leases pending on the effective date of this act must be treated as applications under section 5 of this act with the consent of the applicant."

MOTIONS

      On motion of Senator Esser, the following title amendment was adopted:

       On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 47.04.010 and 47.52.001; adding a new section to chapter 47.44 RCW; adding a new section to chapter 47.04 RCW; and creating new sections."

      On motion of Senator Esser, the rules were suspended, Engrossed Substitute Senate Bill No. 5977 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

POINT OF INQUIRY

      Senator Spanel: “Senator Esser, I notice in the explanation on the back, it says ‘Use of highways rights-of-way--the funds that pay for this--must be deposited in the motor vehicle fund.’ Where have they been going?”

      Senator Esser: “I’m not certain, Senator, but I think it is appropriate that they go into the motor vehicle accounts, because this is along highways of the state. So, I think that is the appropriate fund for these monies to go to.”

      Senator Spanel: “I think the other place could have been the multi, multi--I can’t say it--multi modal account.”

      Senator Esser: “That would have certainly have been a different option, but I think this is the best choice.”

      Senator Spanel: “Okay, but you don’t know where they go now?”

      Senator Esser: “I do not.”

      Senator Spanel: “Thank you.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5977.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5977 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

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

     Voting nay: Senators Fairley, Haugen, McAuliffe, Spanel and Thibaudeau - 5.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5977, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1063, by Representatives Morrell, Alexander, Dunshee, Lovick, Veloria, Upthegrove, Chase, McDermott, Morris, Schual-Berke, Kenney, Cody and Moeller

Concerning projects to be funded by loans from the public works assistance account.

      The bill was read the second time.

MOTION

      On motion of Senator Zarelli, the rules were suspended, Substitute House Bill No. 1062 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1063.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1063 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

     Voting nay: Senator Mulliken - 1.

      SUBSTITUTE HOUSE BILL NO. 1063, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5890, by Senators Swecker, Rasmussen and Parlette

Initiating a pilot project to determine the feasibility and benefits for medical monitoring of agricultural workers.

MOTIONS

      On motion of Senator Swecker, Second Substitute Senate Bill No. 5890 was substituted for Senate Bill No. 5890 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Swecker, the rules were suspended, Second Substitute Senate Bill No. 5890 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5890

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5890 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 32.

     Voting nay: Senators Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Reardon, Regala, Sheldon, B., Spanel and Thibaudeau - 17.

      SECOND SUBSTITUTE SENATE BILL NO. 5890, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5150, by Senators Benton, Roach and Stevens

Providing for the election of library trustees.

MOTIONS

      On motion of Senator Benton, Substitute Senate Bill No. 5150 was substituted for Senate Bill No. 5150 and the substitute bill was placed on second reading and read the second time.

      Senator Hargrove moved that the following striking amendment by Senators Hargrove, Benton and Kastama be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 27.12.190 and 1982 c 123 s 8 are each amended to read as follows:

       (1) The management and control of a library shall be vested in a board of either five or seven trustees as hereinafter in this section provided. In cities and towns five trustees shall be appointed by the mayor with the consent of the legislative body. In counties, rural county library districts, and island library districts, five trustees shall be appointed by the board of county commissioners. In a regional library district a board of either five or seven trustees shall be appointed by the joint action of the legislative bodies concerned. In intercounty rural library districts a board of either five or seven trustees shall be appointed by the joint action of the boards of county commissioners of each of the counties included in a district. The first appointments for boards comprised of but five trustees shall be for terms of one, two, three, four, and five years respectively, and thereafter a trustee shall be appointed annually to serve for five years. The first appointments for boards comprised of seven trustees shall be for terms of one, two, three, four, five, six, and seven years respectively, and thereafter a trustee shall be appointed annually to serve for seven years. No person shall be appointed to any board of trustees for more than two consecutive terms. Vacancies shall be filled for unexpired terms as soon as possible in the manner in which members of the board are regularly chosen.

       (2) A library trustee shall not receive a salary or other compensation for services as trustee, but necessary expenses actually incurred shall be paid from the library funds.

       (3) A library trustee in the case of a city or town may be removed ((only)) by vote of the legislative body or by the process described in subsection (4). A trustee of a county library, a rural county library district library, or an island library district library may be removed for just cause by the county commissioners after a public hearing upon a written complaint stating the ground for removal, which complaint, with a notice of the time and place of hearing, shall have been served upon the trustee at least fifteen days before the hearing or by the process described in subsection (4). A trustee of an intercounty rural library district may be removed by the joint action of the board of county commissioners of the counties involved in the same manner as provided herein for the removal of a trustee of a county library or by the process described in subsection (4).

       (4) The citizens may by petition provide for a ballot measure to determine whether a library trustee should be removed from his or her position as trustee.

       (a) The ballot measure shall be submitted if a petition proposing the measure is submitted to the county auditor of the county in which the library district, city, town, or county is located or the most populous county in a multi-county library district that is signed by registered voters within the city, town, or county that made the appointment in question, numbering at least ten percent of the votes cast in the last primary election by registered voters within the district, city, town, or county.

       (b) Upon receipt of a citizen petition under (a) of this subsection, the county auditor shall determine whether the petition is signed by a sufficient number of registered voters, using the registration records and returns of the preceding general election, and, no later than forty-five days after receipt of the petition, shall attach to the petition the auditor's certificate stating whether or not sufficient signatures have been obtained. If the signatures are found by the auditor to be insufficient, the petition shall be returned to the person filing it.

       (c) The ballot proposition addressing the removal of a library trustee from his or her position as trustee shall appear on the ballot of the next general election or at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the county auditor certifies that the petition proposing such election contains sufficient valid signatures."

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Benton and Kastama to Substitute Senate Bill No. 5150.

      The motion by Senator Hargrove carried and the striking amendment was adopted.

MOTIONS

      On motion of Senator Benton, the following title amendment was adopted:

       On page 1, on line 1 of the title, delete "providing for the election of", delete everything after "trustees;" and insert "and amending RCW 27.12.190."

       On motion of Senator Benton, the rules were suspended, Engrossed Substitute Senate Bill No. 5150 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5150.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5150 and the bill passed the Senate by the following vote:   Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hargrove, Honeyford, Horn, Johnson, Kastama, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West and Zarelli - 27.

     Voting nay: Senators Brown, Carlson, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Hewitt, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Poulsen, Prentice, Regala, Sheldon, B., Spanel, Thibaudeau and Winsley - 22.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5150, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5247, by Senators Horn, Haugen, Esser, Jacobsen, Kastama, Prentice, Oke, Swecker and Schmidt

Authorizing an alternative local option fuel tax.

MOTIONS

      On motion of Senator Horn, Substitute Senate Bill No. 5247 was substituted for Senate Bill No. 5247 and the substitute bill was placed on second reading and read the second time.

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

       On page 7, after line 29, insert the following:

       "Sec. 5. RCW 82.36.440 and 1991 c 173 s 4 are each amended to read as follows:

       The tax levied in this chapter is in lieu of any excise, privilege, or occupational tax upon the business of manufacturing, selling, or distributing motor vehicle fuel, and no city, town, county, township or other subdivision or municipal corporation of the state shall levy or collect any excise tax upon or measured by the sale, receipt, distribution, or use of motor vehicle fuel, except as provided in chapter 82.80 RCW ((82.80.010)) and RCW 82.47.020.

       Sec. 6. RCW 82.38.280 and 1991 c 173 s 5 are each amended to read as follows:

       The tax levied in this chapter is in lieu of any excise, privilege, or occupational tax upon the business of manufacturing, selling, or distributing special fuel, and no city, town, county, township or other subdivision or municipal corporation of the state shall levy or collect any excise tax upon or measured by the sale, receipt, distribution, or use of special fuel, except as provided in chapter 82.80 RCW ((82.80.010)) and RCW 82.47.020."

MOTIONS

      On motion of Senator Horn, the following title amendment was adopted:

       On page 1, line 2 of the title, after "82.80.010" strike "and 36.120.050" and insert ", 36.120.050, 82.36.440, and 82.38.280"

      On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 5247 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5247.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5247 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

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

     Voting nay: Senators Benton, Hargrove and Stevens - 3.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5247, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5462, by Senators Mulliken, Honeyford, Hale, Hewitt, T. Sheldon, Swecker and McCaslin

Adopting federal definitions for state wage and hour laws.

MOTIONS

      On motion of Senator Mulliken, Substitute Senate Bill No. 5462 was substituted for Senate Bill No. 5462 and the substitute bill was placed on second reading and read the second time.

      Senator Keiser moved that the following striking amendment by Senators Keiser and Prentice be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that over five thousand state residents per year file cases and complaints with the department of labor and industries alleging they have been denied payment for work they performed. The department of labor and industries currently does not have an effective means of addressing these complaints in order to ensure workers are paid the wages they are owed.

       The legislature further finds that the Washington state minimum wage law and wage claim laws do not authorize adequate penalties against violators. To improve compliance, the department of labor and industries should be allowed to assess interest on back wages and impose civil penalties against employers who are found to be not in compliance with chapters 49.46 and 49.48 RCW.