WHEREAS, Established as a nonprofit organization in 1986, William M. Factory Small Business Incubator assists in the growth of disadvantaged companies and retains employment of local residents; and

      WHEREAS, The small business incubator helps with transition of people from being government dependent to being self-sufficient, small business owners; and

      WHEREAS, More than 250 people are employed by Incubator-based companies, utilizing local WorkSource, WorkFirst, and Employment Security referrals whenever possible; and

      WHEREAS, The small business incubator is dedicated to economic development in the greater Tacoma and Pierce County area; and

      WHEREAS, About 80 percent of its clients are women and minority business owners; and

      WHEREAS, Its founder, William M. Factory, made enormous contributions to the Tacoma community for more than 40 years, including correcting past injustices that restricted African-American families from purchasing homes in Tacoma's neighborhoods; and

      WHEREAS, Factory served as co-founder and president of Tacoma-Pierce County Small Business Incubator, which received a "Neighborhoods USA" national award in 1988; and

      WHEREAS, He and his wife, Fumiko Sumi, raised their three children, Michael, Darnell, and Doris, in east Tacoma; and

      WHEREAS, On December 6, 2002, William M. Factory Small Business Incubator held a ground-breaking ceremony for its new, three-story, 14,782 square-foot building; and

      WHEREAS, As one of the earliest small business incubators in the country, it has become one of the few nonprofit organizations that has obtained enough capital to construct and own a new facility; and

      WHEREAS, When completed, the Technology Center will provide specialized services for startup companies, including management consulting, financial advice, and technology infrastructure;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize William M. Factory Small Business Incubator for its innovative approach in helping small businesses succeed by providing economic stability to the community and bringing jobs to economically disadvantaged residents; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Reverend Arthur Banks, chairman of William M. Factory Small Business Incubator; Tim Strege, Executive Director; and Mrs. Fumiko Sumi Factory.

      Senators Franklin and Regala spoke to Senate Resolution 8655.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced the following guests from the William M. Factory Small Business Incubator: Mrs. Fumiko Sumi Factory, Doris Jackson, Tim Strege, Jo Santa Maria, Percy Jones, Peter Guzman, Michelle Hacking and Allen Coolinge, who were seated in the back of the Chamber.

MOTION

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

SECOND READING

      SECOND SUBSTITUTE HOUSE BILL NO. 1725, by House Committee on Appropriations (originally sponsored by Representatives Cooper and Upthegrove)

Concerning the cost of a catch record card.

      The bill was read the second time.

MOTION

      On motion of Senator Oke, the following Committee on Parks, Fish and Wildlife striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 77.32.430 and 1998 c 191 s 5 are each amended to read as follows:

       (1) Catch record cards necessary for proper management of the state's food fish and game fish species and shellfish resources shall be administered under rules adopted by the commission and issued at no charge for the initial catch record card and ten dollars for each subsequent catch record card. A duplicate catch record costs ten dollars.

       (2) Catch record cards issued with affixed temporary short-term charter stamp licenses are not subject to the ten-dollar charge as provided in this section. Charter boat or guide operators issuing temporary short-term charter stamp licenses shall affix the stamp to each catch record card issued before fishing commences. Catch record cards issued with a temporary short-term charter stamp are valid for two consecutive days.

       (3) The department shall include provisions for recording marked and unmarked salmon in catch record cards issued after March 31, 2004.

       (4) The funds received from the sale of catch record cards must be deposited into the wildlife fund.

       Sec. 2. RCW 77.32.256 and 2002 c 222 s 1 are each amended to read as follows:

       The director shall by rule establish the conditions and fees for issuance of duplicate licenses, rebates, permits, tags, and stamps required by this chapter. The fee for duplicate licenses, rebates, permits, tags, and stamps, except catch record cards, may not exceed the actual cost to the department for issuing the duplicate.

       NEW SECTION. Sec. 3. This act takes effect April 1, 2004."

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

       On page 1, line 1 of the title, after "cards;" strike the remainder of the title and insert "amending RCW 77.32.430 and 77.32.256; and providing an effective date."

MOTION

      On motion of Senator Oke, the rules were suspended, Second Substitute House Bill No. 1725, as amended by the Senate, 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 House Bill No. 1725, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1725, as amended by the Senate, 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.

      SECOND SUBSTITUTE HOUSE BILL NO. 1725, as amended by the Senate, 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.

PERSONAL PRIVILEGE

      Senator Hewitt: “A point of personal privilege, Mr. President. I recognize that the youth bank that the east side is someplace around Bellevue or that area, but the east side really is beyond the other side of the mountain. There is another part of this state and I know that is probably part of the reason that we have some problems over here. When we talk about the east side, we think it is one place and you think it is another. So, I just wanted to bring that to your attention and tell you that the east side is the--East Side.”

PERSONAL PRIVILEGE

      Senator Deccio: “Mr. President, a point of personal privilege. To follow up, the east side ends at Yakima County. The rest of the state is part of Western Idaho.”

PERSONAL PRIVILEGE

      Senator Regala: “Mr. President, a point of personal privilege. Maybe, on your behalf, I would like to invite the fine Senator from the Sixteenth District to come visit me this weekend and I will explain to him the difference between the east side of Tacoma and Bellevue.”

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1136, by House Committee on Capital Budget (originally sponsored by Representatives Flannigan, Ericksen, Armstrong, McIntire, Condotta, Wallace, Dunshee and Cooper)

      Implementing the recommendations of the state parks and outdoor recreation funding task force relating to the use of the outdoor recreation account.

      The bill was read the second time.

MOTION

      On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1136 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1136.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1136 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 HOUSE BILL NO. 1136, 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

      SUBSTITUTE HOUSE BILL NO. 1127, by House Committee on Fisheries, Ecology and Parks (originally sponsored by Representatives Hatfield, Buck, Cooper, Blake, Pearson and Berkey)

Concerning the direct retail sale of salmon, crab, and sturgeon.

      The bill was read the second time.

MOTION

      Senator Oke, moved that the following Committee on Parks, Fish and Wildlife striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 77.08.010 and 2002 c 281 s 2 are each amended to read as follows:

       As used in this title or rules adopted under this title, unless the context clearly requires otherwise:

       (1) "Director" means the director of fish and wildlife.

       (2) "Department" means the department of fish and wildlife.

       (3) "Commission" means the state fish and wildlife commission.

       (4) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

       (5) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.

       (6) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

       (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

       (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

       (9) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.

       (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.

       (11) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.

       (12) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.

       (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.

       (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

       (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

       (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

       (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.

       (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

       (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

       (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

       (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

       (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

       (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

       (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

       (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

       (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

       (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

       (28) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.

       (29) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.

       (30) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

       (31) "Senior" means a person seventy years old or older.

       (32) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.

       (33) "Saltwater" means those marine waters seaward of river mouths.

       (34) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

       (35) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

       (36) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

       (37) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

       (38) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.

       (39) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

       (40) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

       (41) "Commercial" means related to or connected with buying, selling, or bartering.

       (42) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.

       (43) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.

       (44) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.

       (45) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.

       (46) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.

       (47) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.

       (48) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.

       (49) "Invasive species" means a plant species or a nonnative animal species that either:

       (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;

       (b) Threatens or may threaten natural resources or their use in the state;

       (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or

       (d) Threatens or harms human health.

       (50) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.

       (51) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.

       (52) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.

       (53) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.

       (54) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.

       (55) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.

       Sec. 2. RCW 77.65.510 and 2002 c 301 s 2 are each amended to read as follows:

       (1) The department must establish and administer a direct retail endorsement to serve as a single license that permits the holder of a Washington ((salmon or crab commercial fishing)) license to commercially harvest retail-eligible species and to clean, dress, and sell his or her catch directly to consumers at retail, including over the internet. The direct retail endorsement must be issued as an optional addition to all holders of a ((salmon or crab)) commercial fishing license for retail-eligible species that the department offers under this chapter.

       (2) The direct retail endorsement must be offered at the time of application for the qualifying commercial fishing license. Individuals in possession of a qualifying commercial fishing license issued under this chapter may add a direct retail endorsement to their current license at ((the)) any time ((they renew their commercial fishing license)). Individuals who do not have a commercial fishing license for ((salmon or crab)) retail-eligible species issued under this chapter may not receive a direct retail endorsement. The costs, conditions, responsibilities, and privileges associated with the endorsed commercial fishing license is not affected or altered in any way by the addition of a direct retail endorsement. These costs include the base cost of the license and any revenue and excise taxes.

       (3) An individual need only add one direct retail endorsement to his or her license portfolio. If a direct retail endorsement is selected by an individual holding more than one commercial fishing license issued under this chapter, a single direct retail endorsement is considered to be added to all qualifying commercial fishing licenses held by that individual, and is the only license required for the individual to sell at retail ((the harvest of salmon or crab)) any retail-eligible species permitted by all of the underlying endorsed licenses. The direct retail endorsement applies only to the person named on the endorsed license, and may not be used by an alternate operator named on the endorsed license.

       (4) In addition to any fees charged for the endorsed licenses and harvest documentation as required by this chapter or the rules of the department, the department may set a reasonable annual fee not to exceed the administrative costs to the department for a direct retail endorsement.

       (5) The holder of a direct retail endorsement is responsible for documenting the commercial harvest of salmon and crab according to the provisions of this chapter, the rules of the department for a wholesale fish dealer, and the reporting requirements of the endorsed license. Any ((salmon or crab)) retail-eligible species caught by the holder of a direct retail endorsement must be ((landed in the round and)) documented on fish tickets((, as provided for by the department, before further processing)).

       (6) The direct retail endorsement must be displayed in a readily visible manner by the seller wherever and whenever a sale to someone other than a licensed wholesale dealer occurs. The commission may require that the holder of a direct retail endorsement notify the department up to eighteen hours before conducting an in-person sale of retail-eligible species, except for in-person sales that have a cumulative retail sales value of less than one hundred fifty dollars in a twenty-four hour period that are sold directly from the vessel. For sales occurring in a venue other than in person, such as over the internet, through a catalog, or on the phone, the direct retail endorsement number of the seller must be provided to the buyer both at the time of sale and the time of delivery. All internet sales must be conducted in accordance with federal laws and regulations.

       (7) The direct retail endorsement is to be held by a natural person and is not transferrable or assignable. If the endorsed license is transferred, the direct retail endorsement immediately becomes void, and the transferor is not eligible for a full or prorated reimbursement of the annual fee paid for the direct retail endorsement. Upon becoming void, the holder of a direct retail endorsement must surrender the physical endorsement to the department.

       (8) The holder of a direct retail endorsement must abide by the provisions of Title 69 RCW as they apply to the processing and retail sale of seafood. The department must distribute a pamphlet, provided by the department of agriculture, with the direct retail endorsement generally describing the labeling requirements set forth in chapter 69.04 RCW as they apply to seafood.

       (9) The holder of a qualifying commercial fishing license issued under this chapter must either possess a direct retail endorsement or a wholesale dealer license provided for in RCW 77.65.280 in order to lawfully sell their catch or harvest in the state to anyone other than a licensed wholesale dealer.

       (10) The direct retail endorsement entitles the holder to sell ((wild-caught salmon or crab)) a retail-eligible species only at a temporary food service establishment as that term is defined in RCW 69.06.045, or directly to a restaurant or other similar food service business.

       Sec. 3. RCW 77.65.515 and 2002 c 301 s 3 are each amended to read as follows:

       (1) Prior to being issued a direct retail endorsement, an individual must:

       (a) Obtain and submit to the department a signed letter on appropriate letterhead from the health department of the county in which the individual makes his or her official residence or where the hailing port for any documented vessel owned by the individual is located as to the fulfillment of all requirements related to county health rules, including the payment of all required fees. The local health department generating the letter may charge a reasonable fee for any necessary inspections. The letter must certify that the methods used by the individual to transport, store, and display any fresh ((salmon and crabs)) retail-eligible species meets that county's standards and the statewide standards adopted by the board of health for food service operations; and

       (b) Submit proof to the department that the individual making the direct retail sales is in possession of a valid food and beverage service worker's permit, as provided for in chapter 69.06 RCW.

       (2) The requirements of subsection (1) of this section must be completed each license year before a renewal direct retail endorsement can be issued.

       (3) Any individual possessing a direct retail endorsement must notify the local health department of the county in which retail sales are to occur, except for the county that conducted the initial inspection, forty-eight hours before any transaction and make his or her facilities available for inspection by a fish and wildlife officer, the local health department of any county in which he or she sells ((salmon or crab)) any legally harvested retail-eligible species, and any designee of the department of health or the department of agriculture.

       (4) Neither the department or a local health department may be held liable in any judicial proceeding alleging that consumption of or exposure to seafood sold by the holder of a direct retail endorsement resulted in a negative health consequence, as long as the department can show that the individual holding the direct retail endorsement complied with the requirements of subsection (1) of this section prior to being issued his or her direct retail license, and neither the department nor a local health department acted in a reckless manner. For the purposes of this subsection, the department or a local health district shall not be deemed to be acting recklessly for not conducting a permissive inspection.

       Sec. 4. RCW 77.65.520 and 2002 c 301 s 4 are each amended to read as follows:

       (1) The direct retail endorsement is conditioned upon compliance:

       (a) With the requirements of this chapter as they apply to wholesale fish dealers and to the rules of the department relating to the payment of fines for violations of rules for the accounting of the commercial harvest of ((salmon or crabs)) retail eligible species; and

       (b) With the state board of health and local rules for food service establishments.

       (2) Violations of the requirements and rules referenced in subsection (1) of this section may result in the suspension of the direct retail endorsement. The suspended individual must not be reimbursed for any portion of the suspended endorsement. Suspension of the direct retail endorsement may not occur unless and until:

       (a) The director has notified by order the holder of the direct retail endorsement when a violation of subsection (1) of this section has occurred. The notification must specify the type of violation, the liability to be imposed for damages caused by the violation, a notice that the amount of liability is due and payable by the holder of the direct retail endorsement, and an explanation of the options available to satisfy the liability; and

       (b) The holder of the direct retail endorsement has had at least ninety days after the notification provided in (a) of this subsection was received to either make full payment for all liabilities owed or enter into an agreement with the department to pay off all liabilities within a reasonable time.

       (3)(a) If, within ninety days after receipt of the order provided in subsection (2)(a) of this section, the amount specified in the order is not paid or the holder of the direct retail endorsement has not entered into an agreement with the department to pay off all liabilities, the prosecuting attorney for any county in which the persons to whom the order is directed do business, or the attorney general upon request of the department, may bring an action on behalf of the state in the superior court for Thurston county, or any county in which the persons to whom the order is directed do business, to seek suspension of the individual's direct retail endorsement for up to five years.

       (b) The department may temporarily suspend the privileges provided by the direct retail endorsement for up to one hundred twenty days following the receipt of the order provided in subsection (2)(a) of this section, unless the holder of the direct retail endorsement has deposited with the department an acceptable performance bond on forms prescribed and provided by the department. This performance bond must be a corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under chapter 48.28 RCW and approved by the department. The bond must be filed and maintained in an amount equal to one thousand dollars.

       (4) For violations of state board of health and local rules under subsection (1)(b) of this section only, any person inspecting the facilities of a direct retail endorsement holder under RCW 77.65.515 may suspend the privileges granted by the endorsement for up to seven days. Within twenty-four hours of the discovery of the violation, the inspecting entity must notify the department of the violation. Upon notification, the department may proceed with the procedures outlined in this section for suspension of the endorsement. If the violation of a state board of health rule is discovered by a local health department, that local jurisdiction may fine the holder of the direct retail endorsement according to the local jurisdiction's rules as they apply to retail food operations.

       (5) Subsections (2) and (3) of this section do not apply to a holder of a direct retail endorsement that executes a surety bond and abides by the conditions established in RCW 77.65.320 and 77.65.330 as they apply to wholesale dealers.

       Sec. 5. RCW 36.71.090 and 2002 c 301 s 9 are each amended to read as follows:

       (1) It shall be lawful for any farmer, gardener, or other person, without license, to sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person and no city or town shall pass or enforce any ordinance prohibiting the sale by or requiring license from the producers and manufacturers of farm produce and edibles as ((herein)) defined((: PROVIDED, That)) in this section. However, nothing ((herein)) in this section authorizes any person to sell, deliver, or peddle, without license, in any city or town, any dairy product, meat, poultry, eel, fish, mollusk, or shellfish where a license is required to engage legally in such activity in such city or town.

       (2) It is lawful for an individual in possession of a valid direct retail endorsement, as established in RCW 77.65.510, to sell, deliver, or peddle ((wild-caught salmon or crab)) any legally harvested retail- eligible species, as that term is defined in RCW 77.08.010, that is caught, harvested, or collected under rule of the department of fish and wildlife by such a person at a temporary food service establishment, as that term is defined in RCW 69.06.045, and no city, town, or county may pass or enforce an ordinance prohibiting the sale by or requiring additional licenses or permits from the holder of the valid direct retail endorsement. However, this subsection does not prohibit a city, town, or county from inspecting an individual displaying a direct retail endorsement to verify that the person is in compliance with state board of health and local rules for food service operations.

       Sec. 6. RCW 82.27.020 and 2001 c 320 s 9 are each amended to read as follows:

       (1) In addition to all other taxes, licenses, or fees provided by law there is established an excise tax on the commercial possession of enhanced food fish as provided in this chapter. The tax is levied upon and shall be collected from the owner of the enhanced food fish whose possession constitutes the taxable event. The taxable event is the first possession in Washington by an owner after the enhanced food fish has been landed. Processing and handling of enhanced food fish by a person who is not the owner is not a taxable event to the processor or handler.

       (2) A person in possession of enhanced food fish and liable to this tax may deduct from the price paid to the person from which the enhanced food fish (except oysters) are purchased an amount equal to a tax at one-half the rate levied in this section upon these products.

       (3) The measure of the tax ((is the value of the)) for all enhanced food fish, including retail-eligible fish sold with a direct retail endorsement pursuant to RCW 77.65.510, is the comparable sales price for similar species of fish at the point of landing.

       (4) The tax shall be equal to the measure of the tax multiplied by the rates for enhanced food fish as follows:

       (a) Chinook, coho, and chum salmon and anadromous game fish: Five and twenty-five one-hundredths percent;

       (b) Pink and sockeye salmon: Three and fifteen one-hundredths percent;

       (c) Other food fish and shellfish, except oysters, sea urchins, and sea cucumbers: Two and one-tenth percent;

       (d) Oysters: Eight one-hundredths of one percent;

       (e) Sea urchins: Four and six-tenths percent through December 31, 2005, and two and one-tenth percent thereafter; and

       (f) Sea cucumbers: Four and six-tenths percent through December 31, 2005, and two and one-tenth percent thereafter.

       (5) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under subsection (4) of this section."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Parks, Fish and Wildlife striking amendment.

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

      There being no objection the following title amendment was adopted:

       On page 1, line 1 of the title, after "fish;" strike the remainder of the title and insert "and amending RCW 77.08.010, 77.65.510, 77.65.515, 77.65.520, 36.71.090, and 82.27.020."

MOTION

      On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1127, as amended by the Senate, 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. 1127, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1127, as amended by the Senate, 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 HOUSE BILL NO. 1127, as amended by the Senate, 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. 1289, by Representatives Hinkle, Grant, Sump, Blake, Bush, Hatfield, Newhouse, Hunt, Buck, Mielke and McDonald

Concerning temporary fishing licenses.

      The bill was read the second time.

MOTION

      Senator Oke, moved that the following amendment by Senators Oke and Doumit be adopted:

       On page 2, after line 24, insert the following:

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

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Oke and Doumit on page 2, line 24, to House Bill No. 1289. 

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

      There being no objection the following title amendment was adopted:

       On page 1, line 2 of the title, after "restrictions;" strike "and" and on line 3 of the title, after "77.32.470" insert "; and declaring an emergency."

MOTION

      On motion of Senator Oke, the rules were suspended, House Bill No. 1289, as amended by the Senate, 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 House Bill No. 1289, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1289, as amended by the Senate, 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.

      HOUSE BILL NO. 1289, as amended by the Senate, 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

      SUBSTITUTE HOUSE BILL NO. 1057, by House Committee on Fisheries, Ecology and Parks (originally sponsored by Representatives Hatfield, Buck, Blake and Kessler)

Creating the license suspension review committee.

      The bill was read the second time.

MOTION

      Senator Oke, moved that the following Committee on Parks, Fish and Wildlife striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1)(a) The legislature finds that existing law as it relates to the suspension of commercial fishing licenses does not take into account the real-life circumstances faced by the state's commercial fishing fleets. The nature of the commercial fishing industry, together with the complexity of fisheries regulations, is such that honest mistakes can be made by well-meaning and otherwise law-abiding fishers. Commercial fishing violations that occur within an acceptable margin of error should not result in the suspension of fishing privileges. Likewise, fishers facing the possibility of license suspension or revocation deserve the opportunity to explain any extenuating circumstances prior to having his or her professional privileges suspended.

       (b) The legislature intends, by creating the license suspension review committee, to provide a fisher with the opportunity to explain any extenuating circumstances that led to a commercial fishing violation. The legislature intends for the license suspension review committee to give serious considerations to the case-specific facts and scenarios leading up to a violation, and for license suspensions to issue only when the facts indicate a willful act that undermines the conservation of fish stocks. Frivolous violations should not result in the suspension of privileges, and should be punished only by the criminal sanctions attached to the underlying crime.

       (2)(a) The legislature further finds that gross abuses of fish stocks should not be tolerated. Individuals convicted of even one violation that is egregious in nature, causing serious detriment to a fishery or the competitive disposition of other fishers, should have his or her license suspended and revoked.

       (b) The legislature intends for the license suspension review committee to take egregious fisheries' violations seriously. When dealing with individuals convicted of only one violation, the license suspension review committee should only consider suspension for individuals that are convicted of violations that are of a severe magnitude and show a wanton disregard for the public's resource.

       Sec. 2. RCW 77.15.700 and 2001 c 253 s 46 are each amended to read as follows:

       The department shall impose revocation and suspension of privileges upon conviction in the following circumstances:

       (1) If directed by statute for an offense;

       (2) If the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Such suspension of privileges may be permanent. This subsection (2) does not apply to violations involving commercial fishing;

       (3) If a person is convicted twice within ten years for a violation involving unlawful hunting, killing, or possessing big game, the department shall order revocation and suspension of all hunting privileges for two years. RCW 77.12.722 or 77.16.050 as it existed before June 11, 1998, may comprise one of the convictions constituting the basis for revocation and suspension under this subsection;

       (4) If a person is convicted three times in ten years of any violation of recreational hunting or fishing laws or rules, the department shall order a revocation and suspension of all recreational hunting and fishing privileges for two years((;

       (5) If a person is convicted twice within five years of a gross misdemeanor or felony involving unlawful commercial fish or shellfish harvesting, buying, or selling, the department shall impose a revocation and suspension of the person's commercial fishing privileges for one year. A commercial fishery license revoked under this subsection may not be used by an alternate operator or transferred during the period of suspension)).

       NEW SECTION. Sec. 3. A new section is added to chapter 77.15 RCW to read as follows:

       (1) If a person is convicted of two or more qualifying commercial fishing violations within a three-year period, the person's privileges to participate in the commercial fishery to which the violations applied may be suspended by the director for up to one year. A commercial fishery license that is suspended under this section may not be transferred after the director issues a notice of suspension, or used by an alternative operator or transferred during the period of suspension, if the person who is the subject of the suspension notice is the person who owns the commercial fishery license.

       (2) For the purposes of this section only, "qualifying commercial fishing violation" means either:

       (a) A conviction under RCW 77.15.500, 77.15.510, 77.15.520, 77.15.530, 77.15.550(1)(a), 77.15.570, 77.15.580, or 77.15.590;

       (b) A gross misdemeanor or felony involving commercial fish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold fish, other than shellfish, groundfish, or coastal pelagic species of baitfish totals greater than six percent, by weight, of the harvest available for inspection at the time of citation and the cumulative value of the unlawfully harvested fish is more than two hundred fifty dollars at the time of citation;

       (c) A gross misdemeanor or felony involving commercial groundfish or coastal pelagic baitfish harvest, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued under this title, if: (i) The quantity of unlawfully harvested, possessed, bought, or sold groundfish or coastal pelagic baitfish totals greater than ten percent, by weight, of the harvest available for inspection at the time of citation and has a cumulative value greater than five hundred dollars; or (ii) the quantity, by weight, of the unlawfully commercially harvested groundfish or coastal pelagic baitfish is ten percent greater than the landing allowances provided under rules adopted by the department for species categorized as over- fished by the national marine fisheries service; or

       (d) A gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals greater than six percent of the harvest available for inspection at the time of citation; and (ii) totals fifty or more individual shellfish.

       (3)(a) The director may refer a person convicted of one qualifying commercial fishing violation to the license suspension review committee if the director feels that the qualifying commercial fishing violation was of a severe enough magnitude to justify suspension of the individual's license renewal privileges.

       (b) The director may refer any person convicted of one egregious shellfish violation to the license suspension review committee.

       (c) For the purposes of this section only, "egregious shellfish violation" means a gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals more than twenty percent of the harvest available for inspection at the time of citation; (ii) totals five hundred or more individual shellfish; and (iii) is valued at two thousand five hundred dollars or more.

       (4) A person who has a commercial fishing license suspended or revoked under this section may file an appeal with the license suspension review committee pursuant to section 4 of this act. An appeal must be filed within thirty-one days of notice of license suspension or revocation. If an appeal is filed, the suspension or revocation issued by the department does not take effect until after the license suspension review committee has delivered an opinion. If no appeal is filed within thirty-one days of notice of license suspension or revocation, the right to an appeal is considered waived. All suspensions ordered under this section take effect either thirty- one days following the conviction for the second qualifying commercial fishing violation, or upon a decision pursuant to section 4 of this act, whichever is later.

       (5) A fishing privilege suspended under this section is in addition to the statutory penalties assigned to the underlying crime.

       (6) For the purposes of this section only, the burden is on the state to show the dollar amount or the percent of a harvest that is comprised of unlawfully harvested, bought, or sold individual fish or shellfish.

       NEW SECTION. Sec. 4. A new section is added to chapter 77.15 RCW to read as follows:

       (1) The license suspension review committee is created. The license suspension review committee may only hear appeals from commercial fishers who have had a license revoked or suspended pursuant to section 3 of this act.

       (2)(a) The license suspension review committee is composed of five voting members and up to four alternates.

       (b) Two of the members must be appointed by the director and may be department employees.

       (c) Three members, and up to four alternates, must be peer-group members, who are individuals owning a commercial fishing license issued by the department. If a peer-group member appears before the license suspension review committee because of a qualifying commercial fishing violation, the member must recuse himself or herself from the proceedings relating to that violation. No two voting peer-group members may reside in the same county. All peer-group members must be appointed by the commission, who may accept recommendations from professional organizations that represent commercial fishing interests or from the legislative authority of any Washington county.

       (d) All license suspension review committee members serve a two- year renewable term.

       (e) The commission may develop minimum member standards for service on the license suspension review committee, and standards for terminating a member before the expiration of his or her term.

       (3) The license suspension review committee must convene and deliver an opinion on a license renewal suspension within three months of appeal or of referral from the department. The director shall consider the committee's opinion and make a decision and may issue, not issue, or modify the license suspension.

       (4) The license suspension review committee shall collect the information and hear the testimony that it feels necessary to deliver an opinion on the proper length, if any, of a suspension of a commercial license. The opinion may be based on extenuating circumstances presented by the individual convicted of the qualifying commercial fishing violation or considerations of the type and magnitude of violations that have been committed by the individual. The maximum length of any suspension may not exceed one year.

       (5) All opinions of the license suspension review committee must be by a majority vote of all voting members. Alternate committee members may only vote when one of the voting members is unavailable, has been recused, or has decided not to vote on the case before the committee. Nonvoting alternates may be present and may participate at all license suspension review committee meetings.

       (6) Members of the license suspension review committee serve as volunteers, and are not eligible for compensation other than travel expenses pursuant to RCW 43.03.050 and 43.03.060.

       (7) Staff of the license suspension review committee must be provided by the department."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Parks, Fish and Wildlife striking amendment.

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

      There being no objection the following title amendment was adopted:

       On page 1, line 1 of the title, after "violations;" strike the remainder of the title and insert "amending RCW 77.15.700; adding new sections to chapter 77.15 RCW; and creating a new section."

MOTION

      On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1057, as amended by the Senate, 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. 1057, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1057, as amended by the Senate, 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 HOUSE BILL NO. 1057, as amended by the Senate, 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. 1144, by Representatives Haigh, Sump, Cooper, Armstrong, Pearson, McDermott and Chase (by request of Department of Fish and Wildlife)

Allowing the department of fish and wildlife to use approved controlled substances for chemical capture programs.

      The bill was read the second time.

MOTION

      Senator Oke moved that the following Committee on Parks, Fish and Wildlife striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that the department of fish and wildlife is responsible for the proper management of the state's diverse wildlife resources. Wildlife management often requires the department of fish and wildlife to immobilize individual animals in order for the animals to be moved, treated, examined, or for other legitimate purposes. The legislature finds that it is often necessary for the department to use certain controlled substances to accomplish these purposes. Therefore, the legislature finds that the department of fish and wildlife, in coordination with the board of pharmacy, must be enabled to use approved controlled substances in order to accomplish its legitimate wildlife management goals.

       NEW SECTION. Sec. 2. A new section is added to chapter 69.50 RCW to read as follows:

       The department of fish and wildlife may apply to the department of health for registration pursuant to the applicable provisions of this chapter to purchase, possess, and administer controlled substances for use in chemical capture programs. The department of fish and wildlife must not permit a person to administer controlled substances unless the person has demonstrated adequate knowledge of the potential hazards and proper techniques to be used in administering controlled substances.

       The department of health may issue a limited registration to carry out the provisions of this section. The board may adopt rules to ensure strict compliance with the provisions of this section. The board, in consultation with the department of fish and wildlife, must by rule add or remove additional controlled substances for use in chemical capture programs. The board shall suspend or revoke registration upon determination that the person administering controlled substances has not demonstrated adequate knowledge as required by this section. This authority is granted in addition to any other power to suspend or revoke registration as provided by law."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Parks, Fish and Wildlife striking amendment.

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

      There being no objection the following title amendment was adopted:

       On page 1, line 2 of the title, after "wildlife;" strike the remainder of the title and insert "adding a new section to chapter 69.50 RCW; and creating a new section."

MOTION

      On motion of Senator Oke, the rules were suspended, House Bill No. 1144, as amended by the Senate, 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 House Bill No. 1144, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1144, as amended by the Senate, 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.

      HOUSE BILL NO. 1144, as amended by the Senate, 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

      SUBSTITUTE HOUSE BILL NO. 1335, by House Committee on Fisheries, Ecology and Parks (originally sponsored by Representatives Cooper, Sump, Berkey and Hudgins) (by request of Parks and Recreation Commission)

Continuing the development of water trail sites in Washington state.

      The bill was read the second time.

MOTION

      Senator Oke moved that the following Committee on Parks, Fish and Wildlife striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 79A.05.380 and 1993 c 182 s 1 are each amended to read as follows:

       The legislature recognizes the increase in water-oriented recreation by users of human and wind-powered, beachable vessels such as kayaks, canoes, or day sailors on Washington's waters. These recreationists frequently require overnight camping facilities along the shores of public or private beaches. The legislature now creates a water trail recreation program, to be administered by the Washington state parks and recreation commission. The legislature recognizes that the effort to develop water trail sites is a continuing need and that the commission provides beneficial expertise and consultation to water trail user groups, agencies, and private landowners for the existing Cascadia marine trail and Willapa Bay water trail.

       Sec. 2. RCW 79A.05.385 and 1993 c 182 s 2 are each amended to read as follows:

       In addition to its other powers, duties, and functions, the commission may:

       (1) Plan, construct, and maintain suitable facilities for water trail activities on lands administered or acquired by the commission or as authorized on lands administered by tribes or other public agencies or private landowners by agreement.

       (2) ((Provide and issue, upon payment of the proper fee, with the assistance of those authorized agents as may be necessary for the convenience of the public, water trail permits to utilize designated water trail facilities. The commission may, after consultation with the water trail advisory committee, adopt rules authorizing reciprocity of water trail permits provided by another state or Canadian province, but only to the extent that a similar exemption or provision for water trail permits is issued by that state or province.

       (3))) Compile, publish, distribute, and charge a fee for maps or other forms of public information indicating areas and facilities suitable for water trail activities.

       (((4))) (3) Contract with a public agency, private entity, or person for the actual conduct of these duties.

       (((5))) (4) Work with individuals or organizations who wish to volunteer their time to support the water trail recreation program.

       (5) Provide expertise and consultation to individuals, agencies, and organizations in the continued development of water trail sites in this state.

       Sec. 3. RCW 79A.05.410 and 1993 c 182 s 7 are each amended to read as follows:

       The commission may((, after consultation with the water trail advisory committee,)) adopt rules to administer the water trail program and facilities on areas owned or administered by the commission. Where water trail facilities administered by other public or private entities are incorporated into the water trail system, the rules adopted by those entities shall prevail. The commission is not responsible or liable for enforcement of these alternative rules.

       NEW SECTION. Sec. 4. Any unspent balance of funds in the water trail program account created in RCW 79A.05.405 as of June 30, 2003, must be transferred to the state parks renewal and stewardship account created in RCW 79A.05.215. All receipts from sales of materials under RCW 79A.05.385 and all monetary civil penalties collected under RCW 79A.05.415 must be deposited in the state parks renewal and stewardship account. Any gifts, grants, donations, or moneys from any source received by the commission for the water trail program must also be deposited in the state parks renewal and stewardship account. Funds transferred or deposited into the state parks renewal and stewardship account under this section must be used solely for water trail program purposes.

       Sec. 5. RCW 79A.05.630 and 2000 c 11 s 50 are each amended to read as follows:

       Lands within the Seashore Conservation Area shall not be sold, leased, or otherwise disposed of, except as ((herein)) provided in this section and section 6 of this act. The commission may, under authority granted in RCW 79A.05.175 and 79A.05.180, exchange state park lands in the Seashore Conservation Area for lands of equal value to be managed by the commission consistent with this chapter. Only state park lands lying east of the Seashore Conservation Line, as it is located at the time of exchange, may be so exchanged. The department of natural resources may lease the lands within the Washington State Seashore Conservation Area as well as the accreted lands along the ocean in state ownership for the exploration and production of oil and gas((: PROVIDED, That)). However, oil drilling rigs and equipment will not be placed on the Seashore Conservation Area or state-owned accreted lands.

       Sale of sand from accretions shall be made to supply the needs of cranberry growers for cranberry bogs in the vicinity and shall not be prohibited if found by the commission to be reasonable, and not generally harmful or destructive to the character of the land((: PROVIDED, That)). However, the commission may grant leases and permits for the removal of sands for construction purposes from any lands within the Seashore Conservation Area if found by the commission to be reasonable and not generally harmful or destructive to the character of the land((: PROVIDED)). Further, That net income from such leases shall be deposited in the state parks renewal and stewardship account.

       NEW SECTION. Sec. 6. At the request of the city of Long Beach, the state parks and recreation commission shall convey to the city of Long Beach all commission-owned lands lying between 5th street southwest and 4th street northwest, and lying between 8th street northwest and 14th street northwest, all lying between the 1889 ordinary high tide line (also known as the western boundary of upland ownership) and the line of ordinary high tide of the Pacific ocean, and all lying within sections 8 and 17, township 10 north, range 11, west, W.M., Pacific county, Washington. The city of Long Beach must maintain these lands for city park purposes, including open space, parks, interpretive centers, or museums. The title, and any other documents necessary for the transfer of these lands, will include covenants ensuring that the city of Long Beach will maintain all conveyed land as a city park. If the city of Long Beach breaches these covenants, ownership of all park lands conveyed under this section reverts to the state parks and recreation commission.

       NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

       (1) RCW 79A.05.400 (Water trail recreation program--Permits) and 1993 c 182 s 5;

       (2) RCW 79A.05.405 (Water trail recreation program--Account created) and 2000 c 11 s 40 & 1993 c 182 s 6; and

       (3) RCW 79A.05.420 (Water trail advisory committee) and 2000 c 11 s 41, 1994 c 264 s 21, & 1993 c 182 s 9."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Parks, Fish and Wildlife striking amendment.

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

      There being no objection the following title amendment was adopted:

       On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 79A.05.380, 79A.05.385, 79A.05.410, and 79A.05.630; creating new sections; and repealing RCW 79A.05.400, 79A.05.405, and 79A.05.420."

MOTION

      On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1335, as amended by the Senate, 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. 1335, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1335, as amended by the Senate, 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 HOUSE BILL NO. 1335, as amended by the Senate, 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

      SUBSTITUTE HOUSE BILL NO. 1512, by House Committee on Fisheries, Ecology and Parks (originally sponsored by Representatives Cox, Fromhold, Sump, Schoesler, Hatfield, Ahern, Clements and Armstrong)

Allowing special hunts to reduce crop damage caused by wildlife.

      The bill was read the second time.

MOTION

      On motion of Senator Oke, the following Committee on Parks, Fish and Wildlife striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 77.36.020 and 1996 c 54 s 3 are each amended to read as follows:

       The department shall work closely with landowners and tenants suffering game damage problems to control damage without killing the animals when practical, to increase the harvest of damage-causing animals in hunting seasons, and to kill the animals when no other practical means of damage control is feasible.

       If the department receives recurring complaints regarding property being damaged as described in this section or RCW 77.36.030 from the owner or tenant of real property, or receives such complaints from several such owners or tenants in a locale, the commission shall ((consider conducting)) conduct a special hunt or special hunts or take remedial action to reduce the potential for such damage. The commission shall authorize either one or two antlerless permits per hunter for special hunts held in damage areas where qualified department staff, or their designee, have confirmed six incidents of crop damage by deer or elk.

       As an alternative to hunting, the department shall work with affected entities to relocate deer and elk when needed to augment existing herds.

       Sec. 2. RCW 77.12.150 and 1987 c 506 s 24 are each amended to read as follows:

       (1) By emergency rule only, and in accordance with criteria established by the commission, the director may close or shorten a season for game animals, game birds, or game fish, and after a season has been closed or shortened, may reopen it and reestablish bag limits on game animals, game birds, or game fish during that season. The director shall advise the commission of the adoption of emergency rules. A copy of an emergency rule, certified as a true copy by the director or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.

       (2)(a) If the director finds that game animals have increased in numbers in an area of the state so that they are damaging public or private property or over-utilizing their habitat, the commission may establish a special hunting season and designate the time, area, and manner of taking and the number and sex of the animals that may be killed or possessed by a licensed hunter. ((The director shall determine by random selection the identity of hunters who may hunt within the area and shall determine the conditions and requirements of the selection process.)) The director shall include notice of the special season in the rules establishing open seasons.

       (b) When the department receives six complaints concerning damage to commercial agricultural and horticultural crop production by wildlife from the owner or tenant of real property, or from several owners or tenants in a locale, the commission shall conduct a special hunt or special hunts or take remedial action to reduce the potential for the damage, and shall authorize either one or two permits per hunter. Each complaint must be confirmed by qualified department staff, or their designee.

       (c) The director shall determine by random selection the identity of hunters who may hunt within the area of the special hunt and shall determine the conditions and requirements of the selection process. Within this process, the department must maintain a list of all persons holding valid wildlife hunting licenses, arranged by county of residence, who may hunt deer or elk that are causing damage to crops. The department must update the list annually and utilize the list when contacting persons to assist in controlling game damage to crops. The department must make all reasonable efforts to contact individuals residing within the county where the hunting of deer or elk will occur before contacting a person who is not a resident of that county. The department must randomize the names of people on the list in order to provide a fair distribution of the hunting opportunities. Hunters who participate in hunts under this section must report any kills to the department. The department must include a summary of the wildlife harvested in these hunts in the annual game management reports it makes available to the public."

      There being no objection the following title amendment was adopted:

       On page 1, line 1 of the title, after "crops;" strike the remainder of the title and insert "and amending RCW 77.36.020 and 77.12.150."

MOTION

      On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1512, as amended by the Senate, 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. 1512, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1512, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

     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, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Voting nay: Senators Fairley, Kohl-Welles and Prentice - 3.

      SUBSTITUTE HOUSE BILL NO. 1512, as amended by the Senate, 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

      SECOND SUBSTITUTE HOUSE BILL NO. 1698, by House Committee on Capital Budget (originally sponsored by Representatives Cooper, Anderson, Wood, Jarrett, O'Brien, Murray, Upthegrove, Pflug and Dunshee)

Concerning the distribution and use of funds provided to off-road vehicle and nonhighway road recreational activities.

      The bill was read the second time.

MOTION

      On motion of Senator Oke, the following Committee on Parks, Fish and Wildlife striking amendment was not adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.09.280 and 1986 c 206 s 13 are each amended to read as follows:

       (1) The interagency committee for outdoor recreation shall establish ((a committee of nonhighway road recreationists, including representatives of organized ORV groups,)) the nonhighway and off-road vehicle advisory committee to provide advice regarding the administration of this chapter. The nonhighway and off-road vehicle advisory committee consists of a proportional representation of persons with recreational experience in areas identified in the most recent fuel use study, including people with off-road vehicle, hiking, hunting, fishing, and wildlife viewing experience. Only representatives of organized ORV groups may be voting members of the committee with respect to expenditure of funds received under RCW 46.09.110.

       (2) By January 1, 2004, the nonhighway and off-road vehicle advisory committee must review the existing nonhighway and off-road vehicle distribution formulas and policies in RCW 46.09.170 and develop recommendations for statutory changes. The recommendations should be consistent with the results of the most recent fuel use study, and address the operation and maintenance needs of existing facilities. For the review in this subsection, the committee must include representatives of county sheriffs, recreational land managers, the state parks and recreation commission, the department of fish and wildlife, and the department of natural resources, and the chairs of the house of representatives and senate committees with jurisdiction over this issue."

MOTION

      Senator Oke moved that the following striking amendment by Senators Oke and Doumit be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.09.280 and 1986 c 206 s 13 are each amended to read as follows:

       The interagency committee for outdoor recreation shall establish ((a committee of nonhighway road recreationists, including representatives of organized ORV groups,)) the nonhighway and off-road vehicle advisory committee to provide advice regarding the administration of this chapter. The nonhighway and off-road vehicle advisory committee consists of a proportional representation of persons with recreational experience in areas identified in the most recent fuel use study, including but not limited to people with off-road vehicle, hiking, equestrian, mountain biking, hunting, fishing, and wildlife viewing experience. Only representatives of organized ORV groups may be voting members of the committee with respect to expenditure of funds received under RCW 46.09.110.

       NEW SECTION. Sec. 2. The nonhighway and off-road vehicle advisory committee created in RCW 46.09.280 must review the existing nonhighway and off-road vehicle distribution formulas and policies in RCW 46.09.020, 46.09.170, and 46.09.280 and develop recommendations for statutory changes. The recommendations should be consistent with the results of the most recent fuel use study, and address the operation and maintenance needs of existing facilities. For the review in this section, the committee must also include representation of county sheriffs, recreational land managers, the state parks and recreation commission, the department of fish and wildlife, and the department of natural resources, and the chairs of the house of representatives and senate committees with jurisdiction over this issue. Recommendations must be submitted to the appropriate standing committees of the legislature by January 1, 2004."

MOTION

      Senator Fraser moved that the following amendment by Senators Fraser, Oke, Fairly and Doumit to the striking amendment by Senators Oke and Doumit be adopted:

       On page 1, line 27, after "resources, and" strike "the chairs of the house of representatives and senate committees with jurisdiction over this issue." and insert "two members of the Senate appointed by the president of the senate, to include one member from each major caucus, and two members of the house of representatives appointed by the speaker of the house of representatives, to include one member from each major caucus. In the senate members must be selected from the parks, fish and wildlife committee and ways and means committee. In the house of representatives members must be selected from the fisheries, ecology, and parks committee and either the appropriations or capital budget committee."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser, Oke, Fairley and Doumit to the striking amendment by Senators Oke and Doumit.

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Oke and Doumit, as amended.

      The motion by Senator Oke carried and the striking amendment, as amended, was adopted.

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

       On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 46.09.280; and creating a new section."

MOTION

      On motion of Senator Oke, the rules were suspended, Second Substitute House Bill No. 1698, as amended by the Senate, 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 Benton: “Senator Oke, I notice that a considerable number of House members, on both sides of the aisle actually, voted ‘no’ on this bill. Can you tell me the difference--the primary difference--between the Senate striking amendment and how it would change this bill, as opposed to what they voted on, actually, over there? Can you give me some comparison?”

       Senator Oke: “Yes sir, Senator. Initially, the bill came over to us and did have controversy in it, because it was trying to take funding that was traditionally used by the off road vehicles and moved some of those funds into those site-seers fisher-persons and so forth. We have looked at that and tried to work with it and felt that we needed more time to study the issue and that is why the study is before us, versus actually trying to make the determination who uses the funds and how they are used. During the interim, we will make that decision. It is a good bill now, I think, for us and we will come, I hope, with a good solution at the end of the interim.”

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1698, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1698, as amended by the Senate, 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, eardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SECOND SUBSTITUTE HOUSE BILL NO. 1698, as amended by the Senate, 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

      SECOND SUBSTITUTE HOUSE BILL NO. 1887, by House Committee on Appropriations (originally sponsored by Representatives Linville, Sump, Cooper, Buck and Hatfield)

Creating the commercial fisheries permit buyback account.

      The bill was read the second time. 

MOTION

      On motion of Senator Oke, the rules were suspended, Second Substitute House Bill No. 1887, 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 House Bill No. 1887.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1887, 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.

      SECOND SUBSTITUTE HOUSE BILL NO. 1887, 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. 1972, by Representative Hatfield

Making a commercial fish seller's failure to account for commercial harvest a misdemeanor.

      The bill was read the second time.

MOTION

      On motion of Senator Oke, the following Committee on Parks, Fish and Wildlife striking amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 77.15 RCW to read as follows:

       Since violation of rules of the department relating to the accounting of the commercial harvest of food fish, commercialized game fish, and shellfish result in damage to the resources of the state, persons selling such fish and shellfish at retail, including but not limited to stores, markets, and restaurants, must maintain sufficient records for the department to be able to ascertain the origin of the fish and shellfish in their possession.

       (1) A retail fish seller is guilty of retail fish seller's failure to account for commercial harvest if the retail seller sells fish or shellfish at retail, the fish or shellfish were required to be entered on a Washington state fish receiving ticket, the seller is not a wholesale fish dealer or fisher selling under a direct retail sale endorsement, and the seller fails to maintain sufficient records at the location where the fish or shellfish are being sold to determine the following:

       (a) The name of the wholesale fish dealer or fisher selling under a direct retail sale endorsement from whom the fish were purchased;

       (b) The wholesale fish dealer's license number or the number of the fisher's sale under a direct retail sale endorsement;

       (c) The fish receiving ticket number documenting original receipt, if known;

       (d) The date of purchase; and

       (e) The amount of fish or shellfish originally purchased from the wholesale dealer or fisher selling under a direct retail sale endorsement.

       (2) A retail fish seller's failure to account for commercial harvest is a misdemeanor."

      There being no objection the following title amendment was adopted:

       On page 1, beginning on line 2 of the title, after "fish;" strike the remainder of the title and insert "adding a new section to chapter 77.15 RCW; and prescribing penalties."

MOTION

      On motion of Senator Oke, the rules were suspended, House Bill No. 1972, as amended by the Senate, 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 House Bill No. 1972, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1972, as amended by the Senate, 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.

      HOUSE BILL NO. 1972, as amended by the Senate, 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. 1993, by Representatives Cooper, Sump, Berkey and Hinkle

Authorizing the parks and recreation commission to rent certain undeveloped land for a term of forty years.

      The bill was read the second time.

MOTION

      On motion of Senator Oke, the rules were suspended, House Bill No. 1993 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 House Bill No. 1993.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1993 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

     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, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, West, Winsley and Zarelli - 45

       Voting nay: Senators Fairley, Regala, Shin and Thibaudeau - 4

      HOUSE BILL NO. 1993, 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.

      There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1904 and the pending amendment by Senators Roach, Rossi, Eide, Rasmussen and Kline, on page 5, line 23, to the Committee on Health and Long-Term Care Committee striking amendment, deferred April 10, 2003.

RULING BY THE PRESIDENT

      President Owen: ‘In ruling upon the point of order raised by Senator Deccio as to the scope and object of the amendment by Senators Roach, Rossi, Eide, Rasmussen and Kline on page 5, line 23, to the Committee on Health and Long-Term Care Committee striking amendment, the President finds and rules as follows:

      “Engrossed Substitute House Bill No. 1904 is a measure which limits the reporting requirements for mandated reporters of incidents involving vulnerable adults. The amendment to the committee amendment would require that the Washington Association of Sheriffs and Police Chiefs create and maintain a statewide sex offender web site available to the public when funds to do so are provided by any source, including state funds. This exceeds the scope and object of th underlying bill, which was limited only to vulnerable adults. Senator Deccio’s point is well taken.”

      The President ruled that the amendment by Senators Roach, Rossi, Eide, Rasmussen and Kline on page 5, line 23, to the Committee on Health and Long-Term Care Committee striking amendment to be out of order.

      The President declared the question before the Senate to be the adoption of the Committee on Health and Long-Term striking amendment to Engrossed Substitute House Bill No. 1904.

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

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

       On page 1, line 2 of the title, after "reporters;" strike the remainder of the title and insert "amending RCW 74.34.020 and 74.34.035; and declaring an emergency."

MOTION

      On motion of Senator Deccio, the rules were suspended, Engrossed Substitute House Bill No. 1904, as amended by the Senate, 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 House Bill No. 1904, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1904, as amended by the Senate, 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 HOUSE BILL NO. 1904, as amended by the Senate, 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. 1430, by Representatives Miloscia, Armstrong, Haigh and Benson

Requiring state agencies to prepare housing impact statements.

      The bill was read the second time.

MOTION

      Senator Kastama moved that the following amendment by Senators Kastama and McCaslin be adopted:

      On page 2, after "housing" on line 26, delete the following:

      ", or on the cost of a component of housing".

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kastama and McCaslin on page 2, line 26, to House Bill No. 1430.

      The motion by Senator Kastama failed and the amendment was not adopted on a rising vote.

MOTION

      On motion of Senator Roach, the rules were suspended, House Bill No. 1430 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 House Bill No. 1430.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1430 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, Keiser, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 33.

     Voting nay: Senators Brown, Carlson, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 16.

      HOUSE BILL NO. 1430, 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 Prentice was excused.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056, by House Committee on State Government (originally sponsored by Representatives Haigh, Armstrong and Miloscia)

      The bill was read the second time.

MOTION

      Senator Roach moved that the following Committee on Government Operations and Elections striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

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

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

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

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

       Sec. 3. RCW 39.10.061 and 2002 c 46 s 2 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       Subcontract bid packages shall be awarded to the responsible bidder submitting the low responsive bid. The requirements of RCW 39.30.060 apply to each subcontract bid package. All subcontractors who bid work over three hundred thousand dollars shall post a bid bond and all subcontractors who are awarded a contract over three hundred thousand dollars shall provide a performance and payment bond for their contract amount. All other subcontractors shall provide a performance and payment bond if required by the general contractor/construction manager. If a general contractor/construction manager receives a written protest from a subcontractor bidder, the general contractor/construction manager shall not execute a contract for the subcontract bid package with anyone other than the protesting bidder without first providing at least two full business days' written notice of the general contractor/construction manager's intent to execute a contract for the subcontract bid package. Intermediate Saturdays, Sundays, and legal holidays are not counted in determining the minimum two-day notice period. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. Except as provided for under subsection (7) of this section, bidding on subcontract work by the general contractor/construction manager or its subsidiaries is prohibited. The general contractor/construction manager may negotiate with the low-responsive bidder in accordance with RCW 39.10.080 or, if unsuccessful in such negotiations, rebid.

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

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

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

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

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

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

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Government Operations and Elections striking amendment to Engrossed Substitute House Bill No. 2056.

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

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

       On page 1, line 1 of the title, after "bidding;" strike the remainder of the title and insert "amending RCW 39.10.061; and adding new sections to chapter 39.04 RCW."

MOTION

      On motion of Senator Roach, the rules were suspended, Engrossed Substitute House Bill No. 2056, as amended by the Senate, 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 House Bill No. 2056, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2056, as amended by the Senate, 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, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Prentice - 1

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056, as amended by the Senate, 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 Fairley was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1805, by House Committee on Judiciary (originally sponsored by Representatives O'Brien, Nixon, Kagi, Tom, Sommers and Clibborn)

Changing the number of district court judges.

      The bill was read the second time.

MOTION

      Senator Esser moved that the following Committee on Judiciary striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 3.34.010 and 2002 c 138 s 1 are each amended to read as follows:

       The number of district judges to be elected in each county shall be: Adams, two; Asotin, one; Benton, three; Chelan, two; Clallam, two; Clark, ((five)) six; Columbia, one; Cowlitz, two; Douglas, one; Ferry, one; Franklin, one; Garfield, one; Grant, two; Grays Harbor, two; Island, one; Jefferson, one; King, ((twenty-six)) twenty-one; Kitsap, three; Kittitas, two; Klickitat, two; Lewis, two; Lincoln, one; Mason, one; Okanogan, two; Pacific, two; Pend Oreille, one; Pierce, eleven; San Juan, one; Skagit, two; Skamania, one; Snohomish, eight; Spokane, ten; Stevens, one; Thurston, two; Wahkiakum, one; Walla Walla, two; Whatcom, two; Whitman, one; Yakima, four. This number may be increased only as provided in RCW 3.34.020.

       Sec. 2. RCW 3.34.020 and 2002 c 83 s 1 are each amended to read as follows:

       (1) Any change in the number of full and part-time district judges after January 1, 1992, shall be determined by the legislature after receiving a recommendation from the supreme court. The supreme court shall make its recommendations to the legislature based on an objective workload analysis that takes into account available judicial resources and the caseload activity of each court.

       (2) The administrator for the courts, under the supervision of the supreme court, may consult with the board of judicial administration and the district and municipal court judge's association in developing the procedures and methods of applying the objective workload analysis.

       (3) For each recommended change from the number of full and part- time district judges in any county as of January 1, 1992, the administrator for the courts, under the supervision of the supreme court, shall complete a judicial impact note detailing any local or state cost associated with such recommended change.

       (4) If the legislature approves an increase in the base number of district judges in any county as of January 1, 1992, such increase in the base number of district judges and all related costs may be paid for by the county from moneys provided under RCW 82.14.310, and any such costs shall be deemed to be expended for criminal justice purposes as provided in RCW 82.14.315, and such expenses shall not constitute a supplanting of existing funding.

       (5)(a) A county legislative authority that desires to change the number of full or part-time district judges from the base number on January 1, 1992, must first request the assistance of the supreme court. The administrator for the courts, under the supervision of the supreme court, shall conduct an objective workload analysis and make a recommendation of its findings to the legislature for consideration as provided in this section. Changes in the number of district court judges may only be made by the legislature in a year in which the quadrennial election for district court judges is not held.

       (b) The legislative authority of any county may change a part-time district judge position to a full-time position.

       Sec. 3. RCW 3.34.100 and 1992 c 76 s 1 are each amended to read as follows:

       If a district judge dies, resigns, is convicted of a felony, ceases to reside in the district, fails to serve for any reason except temporary disability, or if his or her term of office is terminated in any other manner, the office shall be deemed vacant. The county legislative authority shall fill all vacancies by appointment and the judge thus appointed shall hold office until the next general election and until a successor is elected and qualified. However, if a vacancy in the office of district court judge occurs and the total number of district court judges remaining in the county is equal to or greater than the number of district court judges authorized in RCW 3.34.010 then the position shall remain vacant. District judges shall be granted sick leave in the same manner as other county employees. A district judge may receive when vacating office remuneration for unused accumulated leave and sick leave at a rate equal to one day's monetary compensation for each full day of accrued leave and one day's monetary compensation for each four full days of accrued sick leave, the total remuneration for leave and sick leave not to exceed the equivalent of thirty days' monetary compensation.

       Sec. 4. RCW 3.38.020 and 1984 c 258 s 23 are each amended to read as follows:

       The district court districting committee shall meet at the call of the prosecuting attorney to prepare ((a)) or amend the plan for the districting of the county into one or more district court districts in accordance with the provisions of chapters 3.30 through 3.74 RCW. The plan shall include the following:

       (1) The boundaries of each district proposed to be established;

       (2) The number of judges to be elected in each district or electoral district, if any. In determining the number of judges to be elected, the districting committee shall consider the results of an objective workload analysis conducted by the administrator for the courts;

       (3) The location of the central office, courtrooms and records of each court;

       (4) The other places in the district, if any, where the court shall sit;

       (5) The number and location of district court commissioners to be authorized, if any;

       (6) The departments, if any, into which each district court shall be initially organized, including municipal departments provided for in chapter 3.46 RCW;

       (7) The name of each district; and

       (8) The allocation of the time and allocation of salary of each judge who will serve part time in a municipal department.

       Sec. 5. RCW 3.38.040 and 1984 c 258 s 27 are each amended to read as follows:

       (1) The districting committee may meet for the purpose of amending the districting plan at any time on call of the county legislative authority, the chairperson of the committee or a majority of its members. Amendments to the plan shall be submitted to the county legislative authority not later than March 15th of each year for adoption by the county legislative authority following the same procedure as with the original districting plan. Amendments shall be adopted not later than May 1st following submission by the districting committee. Any amendment which would reduce the salary or shorten the term of any judge shall not be effective until the next regular election for district judge. All other amendments may be effective on a date set by the county legislative authority.

       (2) The districting committee shall meet within forty-five days of the effective date of changes in the number of judges to be elected in each district court district, or electoral district, if any. Amendments to the plan concerning the number of judges to be elected in each district court district, or electoral district, if any, shall be submitted to the county legislative authority not later than ninety days after the effective date of changes in RCW 3.34.010, and the amendments shall be adopted not later than one hundred eighty days after the effective date of changes in RCW 3.34.010.

       NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Judiciary striking amendment to Substitute House Bill No. 1805.

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

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

       On page 1, line 1 of the title, after "judges;" strike the remainder of the title and insert "amending RCW 3.34.010, 3.34.020, 3.34.100, 3.38.020, and 3.38.040; and declaring an emergency."

MOTION

      On motion of Senator Esser, the rules were suspended, Substitute House Bill No. 1805, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1805, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1805, as amended by the Senate, 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, 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 Fairley - 1.

      SUBSTITUTE HOUSE BILL NO. 1805, as amended by the Senate, 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. 1207, by Representatives Alexander, Conway, Cooper, Simpson, Delvin and Campbell (by request of Joint Committee on Pension Policy)

Providing a death benefit for certain public employees.

      The bill was read the second time.

MOTION

      On motion of Senator Carlson, the rules were suspended, House Bill No. 1207 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 House Bill No. 1207.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1207 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, 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 Fairley - 1.

      HOUSE BILL NO. 1207, 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

      SUBSTITUTE HOUSE BILL NO. 1909, by House Committee on Higher Education (originally sponsored by Representatives Jarrett, Kenney, Cox, Fromhold, Chase, Berkey, Pearson, McCoy, Gombosky, Lantz, Clements, Talcott, Buck, Rockefeller, Pflug, Moeller, Priest, Edwards and Santos)

Creating a pilot project for competency-based transfer in higher education.

      The bill was read the second time.

MOTION

       Senator Carlson moved that the following Committee on Higher Education striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that the focus of transfer between institutions of higher education has been on students' accumulation of credits, where courses necessary for entry to each successive level of higher education have been individually identified and vary by institution and academic discipline. It is the legislature's intent to begin a process that will change the focus of transfer to defining and recognizing student competencies.

       NEW SECTION. Sec. 2. (1) The higher education coordinating board, in consultation with the state board for community and technical colleges and the council of presidents, shall recruit and select institutions of higher education to participate in a pilot project to define transfer standards in selected academic disciplines on the basis of student competencies. Participants shall include one public four- year institution of higher education, two or more community or technical colleges that regularly transfer a substantial number of students to that four-year institution, and one or more private career colleges that prepare students in the academic disciplines selected under the pilot project. Such colleges shall be accredited and licensed under chapter 28C.10 RCW.

       (2) The pilot project participants shall identify several academic disciplines to form the basis of the project and develop a work plan, timelines, and expected products for the project, which shall be presented by the higher education coordinating board in a preliminary report to the higher education committees of the legislature by December 1, 2004.

       (3) Under the pilot project, participants shall develop standards, definitions, and procedures for quality assurance for a transfer system based on student competencies. It is the legislature's intent that under such a system, four-year institutions of higher education, in collaboration with two-year institutions of higher education, define the knowledge, skills, and abilities students should possess in order to enter an upper division program in a particular academic discipline. The two and four-year institutions providing lower division preparation for such an upper division program are responsible for certifying that a student meets the expected standards, but have flexibility to determine how to assess whether the student has obtained the necessary knowledge, skills, and abilities. Such assessments need not be based on completion of particular courses or accumulation of credits.

       (4) The pilot project participants may request assistance in their work from the higher education coordinating board, the western interstate commission on higher education, the state board for community and technical colleges, or the council of presidents. The pilot project participants and the higher education coordinating board shall structure the work of the project in such a way that development costs for the project are absorbed within existing institution and agency budgets.

       (5) In collaboration with the higher education coordinating board, the pilot project participants shall report to the higher education committees of the legislature by December 1, 2005, on the progress and status of the pilot project. The report shall identify any barriers encountered by the project and make recommendations for next steps in developing a competency-based transfer system for higher education.

       (6) This section expires June 30, 2006."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Higher Education striking amendment to Substitute House Bill No. 1909.

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

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

       On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

MOTION

      On motion of Senator Carlson, the rules were suspended, Substitute House Bill No. 1909, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1909, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1909, as amended by the Senate, 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 HOUSE BILL NO. 1909, as amended by the Senate, 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

      SUBSTITUTE HOUSE BILL NO. 2111, by House Committee on Higher Education (originally sponsored by Representatives Priest, Jarrett and Cox)

Exploring opportunities to create performance contracts between the state and institutions of higher education.

      The bill was read the second time.

MOTION

       Senator Carlson moved that the following Committee on Higher Education striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) The legislature finds that ten years have passed since the state attempted to redefine the relationship with its institutions of higher education based on trust, evidence, and a new alignment of responsibilities, as articulated in chapter 363, Laws of 1993.

       (2) However, the legislature also finds that the intent to combine institutional flexibility and authority to make decisions at the local level with accountability for achieving statewide goals and objectives has never been fully achieved, in part because there has not been an operating mechanism through which to implement this relationship.

       (3) Therefore, the legislature intends to explore opportunities to create performance contracts between the state and public institutions of higher education. It is the intent of the legislature that such a contract would constitute a negotiated agreement between the state and an institution, where the state's primary interest would lie not in the management and operations of an institution, but in the institution's contribution to achieving agreed-upon statewide goals and objectives for higher education.

       NEW SECTION. Sec. 2. (1) A work group on higher education performance contracts is established. The work group shall consist of members as follows:

       (a) The members of the house and senate higher education and fiscal committees;

       (b) One representative of the higher education coordinating board, appointed by the board;

       (c) One representative of the state board for community and technical colleges, appointed by the state board;

       (d) Two representatives of public four-year institutions of higher education, appointed by the council of presidents;

       (e) Two representatives of the community and technical colleges, appointed by the Washington association of community and technical colleges; and

       (f) One representative of the governor's office and one representative of the office of financial management, each appointed by the governor.

       (2) The work group may invite input from other interested parties, including but not limited to faculty and student representatives and representatives of the business community. Within available funds, the work group may obtain additional expertise or engage consultants if necessary to carry out its work.

       (3) The work group shall:

       (a) Examine the experience of other states in developing and implementing performance contracts with institutions of higher education;

       (b) Consider the feasibility of implementing performance contracts in Washington;

       (c) Identify whether amendments to current laws may be necessary to implement performance contracts; and

       (d) Develop guidelines and possible models for performance contracts, including:

       (I) The types of indicators and benchmarks that could be included in a contract to measure an institution's progress in meeting the contract's objectives; and

       (ii) The types of flexibility, exemptions, or commitments that could be included in a contract to reflect the state's obligation to an institution.

       (4) The work group shall use legislative facilities and staff from senate committee services and the office of program research. Each nonlegislative member of the work group shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. Travel expenses for the nonlegislative members shall be paid by their respective institutions or agencies.

       (5) The work group shall report its findings and recommendations to the higher education and fiscal committees of the legislature by December 15, 2003.

       NEW SECTION. Sec. 3. This act expires June 30, 2004."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Higher Education striking amendment to Substitute House Bill No. 2111.

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

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

       On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

MOTION

      On motion of Senator Carlson, the rules were suspended, Substitute House Bill No. 2111, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2111, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2111, as amended by the Senate, 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 HOUSE BILL NO. 2111, as amended by the Senate, 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

      SUBSTITUTE HOUSE BILL NO. 1571, by House Committee on Juvenile Justice and Family Law (originally sponsored by Representatives Holmquist, Dickerson, Delvin, Upthegrove, Pettigrew, Hinkle, Priest, Condotta, Kristiansen, Orcutt, Rockefeller, Bush, McCoy and Clements)

Enhancing enforcement of child support obligations.

      The bill was read the second time.

MOTION

      On motion of Senator Mulliken, the following Committee on Children and Family Services and Corrections striking amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that there is an urgent need for vigorous enforcement of child support obligations. The legislature further finds that the duty of child support to provide for the needs of dependent children, including their necessary food, clothing, shelter, education, and health care, should not be avoided because of where an obligor resides. A person owing a duty of child support who chooses to engage in behaviors that result in the person becoming incarcerated should not be able to avoid child support obligations.

       The legislature also finds the current system of child support collections due from persons confined in state correctional facilities does not facilitate family preservation nor does it promote the best interests of children. The legislature intends that, particularly in instances of very low payment levels, child support deductions go directly to the person or persons in whose custody the child is and who is responsible for the daily support of the child. The legislature does not intend the child support system to be a mechanism for the support of government, but rather to directly assist children in need of support.

       Sec. 2. RCW 72.09.111 and 2002 c 126 s 2 are each amended to read as follows:

       (1) The secretary shall deduct from the gross wages or gratuities of each inmate working in correctional industries work programs, taxes and legal financial obligations. The secretary shall also deduct child support payments from the gratuities of each inmate working in class II through class IV correctional industries work programs. The secretary shall develop a formula for the distribution of offender wages and gratuities.

       (a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:

       (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

       (ii) Ten percent to a department personal inmate savings account;

       (iii) Twenty percent to the department to contribute to the cost of incarceration; and

       (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.

       (b) The formula shall include the following minimum deductions from class II gross gratuities:

       (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

       (ii) Ten percent to a department personal inmate savings account;

       (iii) Fifteen percent to the department to contribute to the cost of incarceration; ((and))

       (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court; and

       (v) Fifteen percent for any child support owed under a support order.

       (c) ((The formula shall include the following minimum deduction from class IV gross gratuities: Five percent to the department to contribute to the cost of incarceration.

       (d))) The formula shall include the following minimum deductions from class III gratuities:

       (I) Five percent for the purpose of crime victims' compensation; and

       (ii) Fifteen percent for any child support owed under a support order.

       (d) The formula shall include the following minimum deduction from class IV gross gratuities:

       (I) Five percent to the department to contribute to the cost of incarceration; and

       (ii) Fifteen percent for any child support owed under a support order.

       Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW or sentenced to death shall be exempt from the requirement under (a)(ii) or (b)(ii) of this subsection.

       The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement, unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.

       In the event that the offender worker's wages or gratuity is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.

       (2) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.

       (3) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs.

       (4) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

       (a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.

       (5) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.

       (6) Nothing in this section shall limit the authority of the department of social and health services division of child support from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 26.23, 74.20, or 74.20A RCW.

       Sec. 3. RCW 72.09.480 and 1999 c 325 s 1 are each amended to read as follows:

       (1) Unless the context clearly requires otherwise, the definitions in this section apply to this section.

       (a) "Cost of incarceration" means the cost of providing an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary for the maintenance and support of the inmate while in the custody of the department, based on the average per inmate costs established by the department and the office of financial management.

       (b) "Minimum term of confinement" means the minimum amount of time an inmate will be confined in the custody of the department, considering the sentence imposed and adjusted for the total potential earned early release time available to the inmate.

       (c) "Program" means any series of courses or classes necessary to achieve a proficiency standard, certificate, or postsecondary degree.

       (2) When an inmate, except as provided in subsection (((6))) (7) of this section, receives any funds in addition to his or her wages or gratuities, except settlements or awards resulting from legal action, the additional funds shall be subject to the following deductions ((in RCW 72.09.111(1)(a))) and the priorities established in chapter 72.11 RCW:

       (a) Five percent to the public safety and education account for the purpose of crime victims' compensation;

       (b) Ten percent to a department personal inmate savings account;

       (c) Twenty percent to the department to contribute to the cost of incarceration;

       (d) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court; and

       (e) Fifteen percent for any child support owed under a support order.

       (3) When an inmate, except as provided in subsection (7) of this section, receives any funds from a settlement or award resulting from a legal action, the additional funds shall be subject to the deductions in RCW 72.09.111(1)(a) and the priorities established in chapter 72.11 RCW.

       (((3))) (4) The amount deducted from an inmate's funds under subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement, whichever is longer.

       (((4))) (5) The deductions required under subsection (2) of this section shall not apply to funds received by the department on behalf of an offender for payment of one fee-based education or vocational program that is associated with an inmate's work program or a placement decision made by the department under RCW 72.09.460 to prepare an inmate for work upon release.

       An inmate may, prior to the completion of the fee-based education or vocational program authorized under this subsection, apply to a person designated by the secretary for permission to make a change in his or her program. The secretary, or his or her designee, may approve the application based solely on the following criteria: (a) The inmate has been transferred to another institution by the department for reasons unrelated to education or a change to a higher security classification and the offender's current program is unavailable in the offender's new placement; (b) the inmate entered an academic program as an undeclared major and wishes to declare a major. No inmate may apply for more than one change to his or her major and receive the exemption from deductions specified in this subsection; (c) the educational or vocational institution is terminating the inmate's current program; or (d) the offender's training or education has demonstrated that the current program is not the appropriate program to assist the offender to achieve a placement decision made by the department under RCW 72.09.460 to prepare the inmate for work upon release.

       (((5))) (6) The deductions required under subsection (2) of this section shall not apply to any money received by the department, on behalf of an inmate, from family or other outside sources for the payment of postage expenses. Money received under this subsection may only be used for the payment of postage expenses and may not be transferred to any other account or purpose. Money that remains unused in the inmate's postage fund at the time of release shall be subject to the deductions outlined in subsection (2) of this section.

       (((6))) (7) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter 10.95 RCW, receives any funds in addition to his or her gratuities, except settlements or awards resulting from legal action, the additional funds shall be subject to: Deductions of five percent to the public safety and education account for the purpose of crime victims' compensation ((and)), twenty percent to the department to contribute to the cost of incarceration, and fifteen percent to child support payments.

       (((7))) (8) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter 10.95 RCW, receives any funds from a settlement or award resulting from a legal action in addition to his or her gratuities, the additional funds shall be subject to: Deductions of five percent to the public safety and education account for the purpose of crime victims' compensation and twenty percent to the department to contribute to the cost of incarceration.

       (9) The interest earned on an inmate savings account created as a result of the plan in section 4, chapter 325, Laws of 1999 shall be exempt from the mandatory deductions under this section and RCW 72.09.111.

       (10) Nothing in this section shall limit the authority of the department of social and health services division of child support from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 26.23, 74.20, or 74.20A RCW including, but not limited to, the collection of moneys received by the inmate from settlements or awards resulting from legal action."

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

       On page 1, line 1 of the title, after "payments;" strike the remainder of the title and insert "amending RCW 72.09.111 and 72.09.480; and creating a new section."

MOTION

      On motion of Senator Mulliken, the rules were suspended, Substitute House Bill No. 1571, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1571, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1571, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

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

     Absent: Senators Franklin and Roach - 2.

      SUBSTITUTE HOUSE BILL NO. 1571, as amended by the Senate, 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 Roach was excused.

SECOND READING

      HOUSE BILL NO. 1519, by Representatives Wood, Fromhold, Simpson, Cooper, Schindler, Conway, Delvin, Hunt, Gombosky, Sullivan, Wallace, Santos and Kenney

      Calculating the death benefits for members of the teachers' retirement system, school employees' retirement system, and public employees' retirement system.

      The bill was read the second time.

MOTION

      On motion of Senator West, the rules were suspended, House Bill No. 1519 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 House Bill No. 1519.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1519 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, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Roach - 1.

      HOUSE BILL NO. 1519, 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. 2186, by Representatives Fromhold, Armstrong and Sommers

Making an irrevocable choice to waive rights to the defined benefit under the plan 3 retirement systems.

      The bill was read the second time.

MOTION

      On motion of Senator Parlette, the following Committee on Ways and Means amendment was adopted:

       On page 2, after line 6, insert the following:

       "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."

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

       On page 1, on line 4 of the title, strike "and adding a new section to chapter 41.40 RCW" and insert "adding a new section to chapter 41.40 RCW; and declaring an emergency"

MOTION

      On motion of Senator Parlette, the rules were suspended, House Bill No. 2186, as amended by the Senate, 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 House Bill No. 2186, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2186, as amended by the Senate, 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, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Roach - 1.

      HOUSE BILL NO. 2186, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Sheahan, Rule 46 was suspended for the remainder of the day.

      EDITOR'S NOTE: Rule 46 states, ‘No committee shall sit during the daily session of the senate unless by special leave. '

MOTION

      At 12:00 noon, on motion of Senator Sheahan, the Senate recessed until 1:30 p.m.

      The Senate was called to order at 1:30 p.m. by President Owen.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

      On motion of Senator Carlson, Gubernatorial Appointment No. 9159, Dan C. Wilder, as a member of the Board of Trustees for Peninsula Community College District No. 1, was confirmed.

      Senators Carlson and Hargrove spoke to the confirmation of Dan C. Wilder as a member of the Board of Trustees for Peninsula Community College District No. 1.

APPOINTMENT OF DAN C. WILDER

      The Secretary called the roll. The appointment was confirmed 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, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Absent: Senator Horn - 1.

     Excused: Senator Roach - 1.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1597, by House Committee on Transportation (originally sponsored by Representatives Mielke, Armstrong, Boldt, Orcutt, Wood, Woods, Kristiansen, Campbell, Hatfield, Sump and Schoesler)

Allowing holders of commercial drivers' licenses to delay a physical examination.

      The bill was read the second time.

MOTION

      On motion of Senator Swecker, the rules were suspended, Substitute House Bill No. 1597 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. 1597.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1597 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, Thibaudeau, West and Zarelli - 39.

     Voting nay: Senators Fairley, Franklin, Fraser, Haugen, Kohl-Welles, Prentice, Regala, Sheldon, B., Spanel and Winsley - 10.

      SUBSTITUTE HOUSE BILL NO. 1597, 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. 8022, by Senators Honeyford, Kohl-Welles, Johnson, McAuliffe, Sheahan, Rasmussen, Doumit, Morton, Hargrove, Parlette, T. Sheldon, Brandland, Eide, Schmidt, B. Sheldon, Mulliken, Hewitt, Prentice, West, McCaslin, Deccio, Hale, Swecker, Jacobsen, Shin, Esser, Oke, Kastama, Haugen, Franklin, Regala, Benton, Poulsen, Fairley, Fraser, Brown, Winsley, Roach, Thibaudeau, Kline, Reardon, Stevens, Zarelli, Spanel and Finkbeiner

      Requesting just compensation to Washington state for the impact of federal land ownership on the state's ability to fund public education.

      The joint memorial was read the second time.

MOTION

      On motion of Senator Honeyford, the rules were suspended, Senate Joint Memorial No. 8022 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. 8022.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8022 and the joint memorial 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.

      SENATE JOINT MEMORIAL NO. 8022, having received the constitutional majority, was declared passed.

SECOND READING

      HOUSE BILL NO. 2183, by Representatives Ericksen and Romero

Adjusting the amount allowed for unbid sewer and water projects.

      The bill was read the second time.

MOTION

      On motion of Senator Roach, the following Committee on Government Operations and Elections striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 57.08.050 and 2000 c 138 s 212 are each amended to read as follows:

       (1) All work ordered, the estimated cost of which is in excess of ((five)) ten thousand dollars, shall be let by contract and competitive bidding. Before awarding any such contract the board of commissioners shall publish a notice in a newspaper of general circulation where the district is located at least once thirteen days before the last date upon which bids will be received, inviting sealed proposals for such work, plans and specifications which must at the time of publication of such notice be on file in the office of the board of commissioners subject to the public inspection. The notice shall state generally the work to be done and shall call for proposals for doing the same to be sealed and filed with the board of commissioners on or before the day and hour named therein.

       Each bid shall be accompanied by a certified or cashier's check or postal money order payable to the order of the county treasurer for a sum not less than five percent of the amount of the bid, or accompanied by a bid bond in an amount not less than five percent of the bid with a corporate surety licensed to do business in the state, conditioned that the bidder will pay the district as liquidated damages the amount specified in the bond, unless the bidder enters into a contract in accordance with the bidder's bid, and no bid shall be considered unless accompanied by such check, cash or bid bond. At the time and place named such bids shall be publicly opened and read and the board of commissioners shall proceed to canvass the bids and may let such contract to the lowest responsible bidder upon plans and specifications on file or to the best bidder submitting the bidder's own plans and specifications. The board of commissioners may reject all bids for good cause and readvertise and in such case all checks, cash or bid bonds shall be returned to the bidders. If the contract is let, then all checks, cash, or bid bonds shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for doing the work, and a bond to perform such work furnished with sureties satisfactory to the board of commissioners in the full amount of the contract price between the bidder and the commission in accordance with the bid. If the bidder fails to enter into the contract in accordance with the bid and furnish the bond within ten days from the date at which the bidder is notified that the bidder is the successful bidder, the check, cash, or bid bonds and the amount thereof shall be forfeited to the district. If the bidder fails to enter into a contract in accordance with the bidder's bid, and the board of commissioners deems it necessary to take legal action to collect on any bid bond required by this section, then the district shall be entitled to collect from the bidder any legal expenses, including reasonable attorneys' fees occasioned thereby. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.

       (2) As an alternative to requirements under subsection (1) of this section, a water-sewer district may let contracts using the small works roster process under RCW 39.04.155.

       (3) Any purchase of materials, supplies, or equipment, with an estimated cost in excess of ten thousand dollars, shall be by contract. Any purchase of materials, supplies, or equipment, with an estimated cost of less than fifty thousand dollars shall be made using the process provided in RCW 39.04.190. Any purchase of materials, supplies, or equipment with an estimated cost of fifty thousand dollars or more shall be made by competitive bidding following the procedure for letting contracts for projects under subsection (1) of this section.

       (4) The board may waive the competitive bidding requirements of this section pursuant to RCW 39.04.280 if an exemption contained within that section applies to the purchase or public work."

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

       On line 1 of the title, after "projects;" strike the remainder of the title and insert "and amending RCW 57.08.050."

MOTION

      On motion of Senator Roach, the rules were suspended, House Bill No. 2183, as amended by the Senate, 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 House Bill No. 2183, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2183, as amended by the Senate, 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.

      HOUSE BILL NO. 2183 as amended by the Senate, 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

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1592, by House Committee on Transportation (originally sponsored by Representatives Simpson and Ericksen)

Regulating special license plates.

      The bill was read the second time.

MOTION

      On motion of Senator Horn, the following Committee on Highways and Transportation striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature has seen an increase in the demand from constituent groups seeking recognition and funding through the establishment of commemorative or special license plates. The high cost of implementing a new special license plate series coupled with the uncertainty of the state's ability to recoup its costs, has led the legislature to delay the implementation of new special license plates. In order to address these issues, it is the intent of the legislature to create a mechanism that will allow for the evaluation of special license plate requests and establish a funding policy that will alleviate the financial burden currently placed on the state. Using these two strategies, the legislature will be better equipped to efficiently process special license plate legislation.

PART I

SPECIAL LICENSE PLATE REVIEW BOARD

     NEW SECTION. Sec. 101. A new section is added to chapter 46.16 RCW to read as follows:

     SPECIAL LICENSE PLATE REVIEW BOARD CREATED. (1) The special license plate review board is created.

     (2) The board will consist of seven members: One member appointed by the governor and who will serve as chair of the board; four members of the legislature, one from each caucus of the house of representatives and the senate; a department of licensing representative appointed by the director; and a Washington state patrol representative appointed by the chief.

     (3) Members shall serve terms of four years, except that four of the members initially appointed will be appointed for terms of two years. No member may be appointed for more than three consecutive terms.

     (4) The legislative transportation committee may remove members from the board before the expiration of their terms only for cause based upon a determination of incapacity, incompetence, neglect of duty, or malfeasance in office as ordered by the Thurston county superior court, upon petition and show cause proceedings brought for that purpose in that court and directed to the board member in question.

     NEW SECTION. Sec. 102. A new section is added to chapter 46.16 RCW to read as follows:

     ADMINISTRATION OF THE BOARD. (1) The board shall meet periodically at the call of the chair, but must meet at least one time each year within ninety days before an upcoming regular session of the legislature. The board may adopt its own rules and may establish its own procedures. It shall act collectively in harmony with recorded resolutions or motions adopted by a majority vote of the members, and it must have a quorum present to take a vote on a special license plate application.

     (2) The board will be compensated from the general appropriation for the legislative transportation committee in accordance with RCW 43.03.250. Each board member will be compensated in accordance with RCW 43.03.250 and reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the board or that are incurred in the discharge of duties requested by the chair. However, in no event may a board member be compensated in any year for more than one hundred twenty days, except the chair may be compensated for not more than one hundred fifty days. Service on the board does not qualify as a service credit for the purposes of a public retirement system.

     (3) The board shall keep proper records and is subject to audit by the state auditor or other auditing entities.

     (4) The department of licensing shall provide administrative support to the board, which must include at least the following:

     (a) Provide general staffing to meet the administrative needs of the board;

     (b) Report to the board on the reimbursement status of any new special license plate series for which the state had to pay the start- up costs;

     (c) Process special license plate applications and confirm that the sponsoring organization has submitted all required documentation. If an incomplete application is received, the department must return it to the sponsoring organization;

     (d) Compile the annual financial reports submitted by sponsoring organizations with active special license plate series and present those reports to the board for review and approval.

     (5) The legislative transportation committee shall provide general oversight of the board, which must include at least the following:

     (a) Process and approve board member compensation requests;

     (b) Review the annual financial reports submitted to the board by sponsoring organizations;

     (c) Review annually the list of the board's approved and rejected special license plate proposals submitted by sponsoring organizations.

     NEW SECTION. Sec. 103. A new section is added to chapter 46.16 RCW to read as follows:

     AUTHORITY AND RESPONSIBILITIES OF THE BOARD. (1) The creation of the board does not in any way preclude the authority of the legislature to independently propose and enact special license plate legislation.

     (2) The board must review and either approve or reject special license plate applications submitted by sponsoring organizations.

     (3) Duties of the board include but are not limited to the following:

     (a) Review and approve the annual financial reports submitted by sponsoring organizations with active special license plate series and present those annual financial reports to the legislative transportation committee;

     (b) Report annually to the legislative transportation committee on the special license plate applications that were considered by the board;

     (c) Issue approval and rejection notification letters to sponsoring organizations, the department, the chairs of the senate and house of representatives transportation committees, and the legislative sponsors identified in each application. The letters must be issued within seven days of making a determination on the status of an application;

     (d) Review annually the number of plates sold for each special license plate series created after January 1, 2003. The board may submit a recommendation to discontinue a special plate series to the chairs of the senate and house of representatives transportation committees.

PART II

ELIGIBILITY REQUIREMENTS FOR A SPONSORING ORGANIZATION

     NEW SECTION. Sec. 201. A new section is added to chapter 46.16 RCW to read as follows:

     ELIGIBILITY REQUIREMENTS. (1) For an organization to qualify for a special license plate under the special license plate approval program created in sections 101 through 303 of this act, the sponsoring organization must submit documentation in conjunction with the application to the department that verifies:

     (a) That the organization is a nonprofit organization, as defined in 26 U.S.C. Sec. 501(c)(3). The department may request a copy of an Internal Revenue Service ruling to verify an organization's nonprofit status; and

     (b) That the organization is located in Washington and has registered as a charitable organization with the secretary of state's office as required by law.

     (2) For a governmental body to qualify for a special license plate under the special license plate approval program created in sections 101 through 303 of this act, a governmental body must be:

     (a) A political subdivision, including but not limited to any county, city, town, municipal corporation, or special purpose taxing district that has the express permission of the political subdivision's executive body to sponsor a special license plate;

     (b) A federally recognized tribal government that has received the approval of the executive body of that government to sponsor a special license plate;

     (c) A state agency that has both received approval from the director of the agency or the department head, and has the express statutory authority to sponsor a special license plate; or

     (d) A community or technical college that has the express permission of the college's board of trustees to sponsor a special license plate.

PART III

GENERAL REQUIREMENTS

     NEW SECTION. Sec. 301. A new section is added to chapter 46.16 RCW to read as follows:

     APPLICATION REQUIREMENTS. (1) A sponsoring organization meeting the requirements of section 201 of this act, applying for the creation of a special license plate to the special license plate review board must, on an application supplied by the department, provide the minimum application requirements in subsection (2) of this section. If the sponsoring organization cannot meet the payment requirements of subsection (2) of this section, then the organization must meet the requirements of subsection (3) of this section.

     (2) The sponsoring organization shall:

     (a) Submit prepayment of all start-up costs associated with the creation and implementation of the special license plate in an amount determined by the department. The department shall place this money into the special license plate applicant trust account created under section 302(3) of this act;

     (b) Provide a proposed license plate design;

     (c) Provide a marketing strategy outlining short and long-term marketing plans for the special license plate and a financial analysis outlining the anticipated revenue and the planned expenditures of the revenues derived from the sale of the special license plate;

     (d) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate; and

     (e) Provide proof of organizational qualifications as determined by the department as provided for in section 201 of this act.

     (3) If the sponsoring organization is not able to meet the payment requirements of subsection (2)(a) of this section and can demonstrate this fact to the satisfaction of the department, the sponsoring organization shall:

     (a) Submit an application and nonrefundable fee of two thousand dollars, for deposit in the motor vehicle account, to the department;

     (b) Provide signature sheets that include signatures from individuals who intend to purchase the special license plate and the number of plates each individual intends to purchase. The sheets must reflect a minimum of two thousand intended purchases of the special license plate;

     (c) Provide a proposed license plate design;

     (d) Provide a marketing strategy outlining short and long-term marketing plans for the special license plate and a financial analysis outlining the anticipated revenue and the planned expenditures of the revenues derived from the sale of the special license plate;

     (e) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate; and

     (f) Provide proof of organizational qualifications as determined by the department as provided in section 201 of this act.

     (4) After an application is approved by the special license plate review board, the application need not be reviewed again by the board for a period of three years.

     NEW SECTION. Sec. 302. A new section is added to chapter 46.16 RCW to read as follows:

     DISPOSITION OF REVENUES. (1)(a) Revenues generated from the sale of special license plates for those sponsoring organizations who used the application process in section 301(3) of this act must be deposited into the motor vehicle account until the department determines that the state's implementation costs have been fully reimbursed. The department shall apply the application fee required under section 301(3)(a) of this act towards those costs.

     (b) When it is determined that the state has been fully reimbursed the department must notify the house of representatives and senate transportation committees, the sponsoring organization, and the treasurer, and commence the distribution of the revenue as otherwise provided by law.

     (2) If reimbursement does not occur within the two-year time frame, the special license plate series must be placed in probationary status for a period of one year from that date. If the state is still not fully reimbursed for its implementation costs after the one-year probation, the plate series must be discontinued immediately. Special plates issued before discontinuation are valid until replaced under RCW 46.16.233. The state must be reimbursed for its portion of the implementation costs within two years from the date the new plate series goes on sale to the public.

     (3) The special license plate applicant trust account is created in the custody of the state treasurer. All receipts from special license plate applicants, except the application fee as provided in section 301(3) of this act, must be deposited into the account. Only the director of the department or the director's designee may authorize disbursements from the account. The account is not subject to the allotment procedures under chapter 43.88 RCW, nor is an appropriation required for disbursements.

     (4) The department shall provide the special license plate applicant with a written receipt for the payment.

     (5) The department shall maintain a record of each special license plate applicant trust account deposit, including, but not limited to, the name and address of each special license plate applicant whose funds are being deposited, the amount paid, and the date of the deposit.

     (6) After the department receives written notice that the special license plate applicant's application has been:

     (a) Approved by the legislature the director shall request that the money be transferred to the motor vehicle account;

     (b) Denied by the special license plate review board or the legislature the director shall provide a refund to the applicant within thirty days; or

     (c) Withdrawn by the special license plate applicant the director shall provide a refund to the applicant within thirty days.

     NEW SECTION. Sec. 303. A new section is added to chapter 46.16 RCW to read as follows:

     SPECIAL LICENSE PLATE ON-GOING REQUIREMENTS. (1) Within thirty days of legislative enactment of a new special license plate series for a qualifying organization meeting the requirements of section 201(1) of this act, the department shall enter into a written agreement with the organization that sponsored the special license plate. The agreement must identify the services to be performed by the sponsoring organization. The agreement must be consistent with all applicable state law and include the following provision:

     "No portion of any funds disbursed under the agreement may be used, directly or indirectly, for any of the following purposes:

     (a) Attempting to influence: (I) The passage or defeat of legislation by the legislature of the state of Washington, by a county, city, town, or other political subdivision of the state of Washington, or by the Congress; or (ii) the adoption or rejection of a rule, standard, rate, or other legislative enactment of a state agency;

     (b) Making contributions reportable under chapter 42.17 RCW; or

     (c) Providing a: (I) Gift; (ii) honoraria; or (iii) travel, lodging, meals, or entertainment to a public officer or employee."

     (2) The sponsoring organization must submit an annual financial report by September 30th of each year to the department detailing actual revenues and expenditures of the revenues received from sales of the special license plate. Consistent with the agreement under subsection (1) of this section, the sponsoring organization must expend the revenues generated from the sale of the special license plate series for the benefit of the public, and it must be spent within this state. Disbursement of the revenue generated from the sale of the special license plate to the sponsoring organization is contingent upon the organization meeting all reporting and review requirements as required by the department.

     (3) If the sponsoring organization ceases to exist or the purpose of the special license plate series ceases to exist, revenues generated from the sale of the special license plates must be deposited into the motor vehicle account.

     (4) A sponsoring organization may not seek to redesign its plate series until all of the inventory is sold or purchased by the organization itself. All cost for redesign of a plate series must be paid by the sponsoring organization.

     NEW SECTION. Sec. 304. A new section is added to chapter 46.16 RCW to read as follows:

     NONREVIEWED PLATES. (1) A special license plate series created by the legislature after January 1, 2004, that has not been reviewed and approved by the special license plate review board is subject to the following requirements:

     (a) The organization sponsoring the license plate series shall, within thirty days of enactment of the legislation creating the plate series, submit prepayment of all start-up costs associated with the creation and implementation of the special license plate in an amount determined by the department. The prepayment will be credited to the motor vehicle fund. The creation and implementation of the plate series may not commence until payment is received by the department.

     (b) If the sponsoring organization is not able to meet the prepayment requirements in (a) of this subsection and can demonstrate this fact to the satisfaction of the department, the revenues generated from the sale of the special license plates must be deposited in the motor vehicle account until the department determines that the state's portion of the implementation costs have been fully reimbursed. When it is determined that the state has been fully reimbursed the department must notify the treasurer to commence distribution of the revenue according to statutory provisions.

     (c) The sponsoring organization must provide a proposed license plate design to the department within thirty days of enactment of the legislation creating the plate series.

     (2) The state must be reimbursed for its portion of the implementation costs within two years from the date the new plate series goes on sale to the public. If the reimbursement does not occur within the two-year time frame, the special license plate series must be placed in probationary status for a period of one year from that date. If the state is still not fully reimbursed for its implementation costs after the one-year probation, the plate series must be discontinued immediately. Those plates issued before discontinuation are valid until replaced under RCW 46.16.233.

     (3) If the sponsoring organization ceases to exist or the purpose of the special plate series ceases to exist, revenues generated from the sale of the special license plates must be deposited into the motor vehicle account.

     (4) A sponsoring organization may not seek to redesign their plate series until all of the existing inventory is sold or purchased by the organization itself. All cost for redesign of a plate series must be paid by the sponsoring organization.

PART IV

STANDARD BACKGROUND

     Sec. 401. RCW 46.16.233 and 2000 c 37 s 1 are each amended to read as follows:

     (1) Except for those license plates issued under RCW 46.16.305(1) before January 1, 1987, under RCW 46.16.305(3), and to commercial vehicles with a gross weight in excess of twenty-six thousand pounds, effective with vehicle registrations due or to become due on January 1, 2001, the appearance of the background of all vehicle license plates may vary in color and design but must be ((issued on a standard background)) legible and clearly identifiable as a Washington state license plate, as designated by the department. Additionally, to ensure maximum legibility and reflectivity, the department shall periodically provide for the replacement of license plates, except for commercial vehicles with a gross weight in excess of twenty-six thousand pounds. Frequency of replacement shall be established in accordance with empirical studies documenting the longevity of the reflective materials used to make license plates.

     (2) Special license plate series approved by the special license plate review board created under section 101 of this act and enacted by the legislature may display a symbol or artwork approved by the special license plate review board.

PART V

PRIOR SPECIAL PLATE SERIES CONTINUATION

     Sec. 501. RCW 46.16.314 and 1997 c 291 s 9 are each amended to read as follows:

     ((After a period of three years from the initial issuance of a special license plate series,)) The department has the sole discretion, based upon the number of sales to date, to determine whether or not to continue issuing ((the)) license plates in a special series created before January 1, 2003.

PART VI

TECHNICAL

     NEW SECTION. Sec. 601. Part headings used in this act are not part of the law.

PART VII

NULL AND VOID

     NEW SECTION. Sec. 701. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2003, in the omnibus transportation appropriations act, this act is null and void."

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

    On line 1 of the title, after "plates;" strike the remainder of the title and insert "amending RCW 46.16.233 and 46.16.314; adding new sections to chapter 46.16 RCW; and creating new sections."

MOTION

    On motion of Senator Horn, the rules were suspended, Engrossed Substitute House Bill No. 1592, as amended by the Senate, 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 House Bill No. 1592, as amended by the Senate.

ROLL CALL

    The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1592, as amended by the Senate, 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 HOUSE BILL NO. 1592, as amended by the Senate, 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

    SUBSTITUTE HOUSE BILL NO. 1074, by House Committee on Transportation (originally sponsored by Representatives Bush, O'Brien, Shabro, Kirby, Armstrong, Mielke, Pearson, Anderson, Campbell, Miloscia, Sullivan and Carrell)

Allowing release of impounded vehicles to owners.

    The bill was read the second time.

MOTION

    Senator Esser moved that the following Committee on Judiciary amendments not be adopted:

    On page 2, line 21, after "vehicle is a" insert "clearly marked"

     On page 3, line 31, after "owner of" strike "the" and insert "a commercial"

    Debate ensued.

    The President declared the question before the Senate to be the motion by Senator Esser to not adopt the Committee on Judiciary amendments on page2,line 21, and page 3, line 31.

    The motion by Senator Esser carried and the committee amendments were not adopted.

MOTION

    On motion of Senator Esser, the rules were suspended, Substitute House Bill No. 1074, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1074.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute House Bill No. 1074 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 HOUSE BILL NO. 1074, 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

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1033, by House Committee on Judiciary (originally sponsored by Representatives Kirby, Cooper, Sullivan and Lantz)

Clarifying the restrictions concerning occupational licenses.

    The bill was read the second time.

MOTION

    Senator Esser moved that the following Committee on Judiciary amendments be considered simultaneously and be adopted:

    On page 2, line 16, after "program" strike "or" and insert "((or)),"

    On page 2, line 17, after "program" strike "for which" and insert "((for which)), or is gainfully employed and"

    On page 3, line 7, after "apprenticeship" strike "or" and insert "((or)),"

    On page 3, line 7, after "program," insert "or is no longer gainfully employed,"

    On page 3, line 12, after "program" insert "or continued employment"

    Debate ensued.

     The President declared the question before the Senate to be the adoption of the Committee on Judiciary amendments on page 2, lines 16 and 17, and page 3, lines 7, (2) and page 3, line 12, to Engrossed Substitute House Bill No. 1033.

    The motion by Senator Esser carried and the committee amendments were adopted..

MOTION

    Senator Esser, moved that the following Committee on Judiciary amendments be considered simultaneously and be adopted:

     On page 3, line 37, after "46.29 RCW" insert "; and

     (e) The applicant, if the suspension or revocation is a result of a conviction of RCW 46.61.502 or 46.61.504 or administrative action under RCW 46.20.3101, submits written verification of installation of an ignition interlock or other biological or technical device on the vehicle he or she intends to operate"

     On page 4, after line 12, insert the following:

     "(6) Any person issued an occupational driver's license whose license suspension or revocation is a result of a conviction of RCW 46.61.502 or 46.61.504 or administrative action under RCW 46.20.3101 may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device for the duration of the period for which the occupational driver's license is valid."

    Debate ensued.

     The President declared the question before the Senate to be the adoption of the Committee on Judiciary amendments on page 3, line 37, and page 4, line 12, to Engrossed Substitute House Bill No. 1033.

    The motion by Senator Esser carried and the committee amendments were adopted..

MOTION

    Senator Kline moved that the following amendment by Senators Esser, Kline and Johnson be adopted:

     On page 4, after line 12, insert the following:

     "Sec. 2. RCW 46.63.110 and 2002 c 279 s 15 and 2002 c 175 s 36 are each reenacted and amended to read as follows:

     (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.

     (2) The monetary penalty for a violation of RCW 46.55.105(2) is two hundred fifty dollars for each offense. No penalty assessed under this subsection (2) may be reduced.

     (3) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.

     (4) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.

     (5) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.

     (6) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If ((the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment)) a person is not able to pay a monetary penalty in full, the court shall enter into a payment plan with the person. "Payment plan," as used in this section, means a plan that requires a person to pay an initial payment of not less than five percent of the total owed, followed by reasonable payments in an amount established by the court. No required payment may exceed ten percent of the original amount owed; however, the person may voluntarily pay any amount at any time in addition to these payments.

     (a) If a payment required to be made under the payment plan is delinquent by thirty days, the court shall notify the department of the failure to pay the penalty, and the department shall suspend the person's driver's license or driving privilege until the penalty has been paid ((and)), including the penalty provided in subsection (4) of this section ((has been paid)).

     (b) If a person has not entered into a payment plan with the court and has not paid the penalty in full on or before the time established for payment, the court shall notify the department of the delinquency, and the department shall suspend the person's driver's license or driving privilege until the penalty has been paid, including the penalty provided in subsection (3) of this section, or until the person has entered into a payment plan under this section and has paid the initial payment.

     (7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed a fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040.

     (8)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 shall be assessed an additional penalty of ten dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the community restitution program.

     (b) Revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited as provided in RCW 43.08.250. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.

     Sec. 3. RCW 46.64.025 and 1999 c 86 s 7 are each amended to read as follows:

     (1) Whenever any person violates his or her written promise to appear in court, ((or)) fails to appear for a scheduled court hearing, or fails to comply with the terms of a citation, the court in which the defendant failed to appear or comply shall promptly give notice of such fact to the department of licensing. Whenever thereafter the case in which the defendant failed to appear or comply is adjudicated, the court hearing the case shall promptly file with the department a certificate showing that the case has been adjudicated.

     (2) Where compliance with the terms of a misdemeanor citation is limited to the payment of a monetary penalty, and a person is not able to pay the monetary penalty in full, the court shall enter into a payment plan with the person. "Payment plan," as used in this section, means a plan that requires a person to pay an initial payment of not less than five percent of the total owed, followed by reasonable payments in an amount established by the court. No required payment may exceed ten percent of the original amount owed. The person may voluntarily pay any amount at any time in addition to these payments. If a person has entered into a payment plan under this subsection, the court shall not notify the department of licensing that the person has failed

to comply with the terms of a citation as it applies to payment of the monetary penalty unless a payment required to be made under the payment plan is delinquent by thirty days."

    Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Kline, Esser and Johnson on page 4, line 12, to Engrossed Substitute House Bill No. 1033.

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

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

     On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "driver's licenses; amending RCW 46.64.025; and reenacting and amending RCW 46.20.391 and 46.63.110."

MOTION

    On motion of Senator Esser, the rules were suspended, Engrossed Substitute House Bill No. 1033, as amended by the Senate, 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 House Bill No. 1033, as amended by the Senate.

ROLL CALL

    The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1033, as amended by the Senate, 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 HOUSE BILL NO. 1033, as amended by the Senate, 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

    SUBSTITUTE HOUSE BILL NO. 1075, by House Committee on Finance (originally sponsored by Representatives Blake, Cairnes and Gombosky)

Clarifying 2001 statutory changes made to forest tax statutes.

    The bill was read the second time.

MOTION

    On motion of Senator Rossi, the rules were suspended, Substitute House Bill No. 1075 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. 1075.

ROLL CALL

    The Secretary called the roll on the final passage of House Bill No. 1075 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.

    HOUSE BILL NO. 1075, 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

    SUBSTITUTE HOUSE BILL NO. 1813, by House Committee on State Government (originally sponsored by Representatives Miloscia, Boldt, Linville, Edwards, Romero, Cody, McDermott, Haigh, Hunt, Moeller, Ruderman, Santos, Rockefeller, Simpson, Conway, Wood and Kenney)

Expanding employment opportunities for people with disabilities.

    The bill was read the second time.

MOTION

    On motion of Senator Doumit, the rules were suspended, Substitute House Bill No. 1813 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1813.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute House Bill No. 1813 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 HOUSE BILL NO. 1813, 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. 1391, by Representatives Kagi, Delvin, O'Brien, Campbell, Sullivan, McIntire, Cooper, Moeller, Simpson, Flannigan, Wallace, Wood and Kenney

Adjusting procedures for postconviction DNA testing.

    The bill was read the second time.

MOTION

    On motion of Senator Stevens, the rules were suspended, House Bill No. 1391 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 House Bill No. 1391.

ROLL CALL

    The Secretary called the roll on the final passage of House Bill No. 1391 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.

    HOUSE BILL NO. 1391, 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

    SUBSTITUTE HOUSE BILL NO. 2202, by House Committee on Commerce and Labor (originally sponsored by Representatives McDonald and Conway)

Providing for cosmetology apprenticeships.

    The bill was read the second time.

MOTION

    Senator Benton moved that the following Committee on Financial Services, Insurance and Housing striking amendment be adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 18.16 RCW to read as follows:

     A cosmetology apprenticeship pilot program is hereby created.

     (1) An advisory board consisting of cosmetologists, salon owners, cosmetology schools, the department of licensing, the department of labor and industries, and other interested parties is created.

     (a) The advisory board shall oversee the operation of the cosmetology apprenticeship pilot program.

     (b) The department of licensing shall coordinate the activities of the advisory board.

     (2) Up to twenty salons may participate in the pilot project. The participating salons shall proportionately represent the geographic diversity of Washington state, including rural and urban areas, and salons located in both eastern and western Washington.

     (3) The advisory board shall create a written report regarding the outcome of the pilot program to be presented to the appropriate committees of the house of representatives and senate by December 31, 2005.

     (4) The department of licensing shall adopt rules to implement the cosmetology apprenticeship pilot program.

     (5) The cosmetology apprenticeship pilot program expires July 31, 2005.

     Sec. 2. RCW 18.16.020 and 2002 c 111 s 2 are each amended to read as follows:

     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:

     (1) "Apprenticeship program" means an apprenticeship pilot program approved under section 1 of this act for the practice of cosmetology, barbering, esthetics, and manicuring, which expires July 31, 2005.

     (2) "Apprentice" means a person engaged in an apprenticeship program and who may receive a wage or compensation.

     (3) "Department" means the department of licensing.

     (((2))) (4) "Board" means the cosmetology, barbering, esthetics, and manicuring advisory board.

     (((3))) (5) "Director" means the director of the department of licensing or the director's designee.

     (((4))) (6) "The practice of cosmetology" means arranging, dressing, cutting, trimming, styling, shampooing, permanent waving, chemical relaxing, straightening, curling, bleaching, lightening, coloring, waxing, tweezing, shaving, and mustache and beard design of the hair of the face, neck, and scalp; temporary removal of superfluous hair by use of depilatories, waxing, or tweezing; manicuring and pedicuring, limited to cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and nails of the hands and feet, excluding the application and removal of sculptured or otherwise

artificial nails; esthetics limited to toning the skin of the scalp, stimulating the skin of the body by the use of preparations, tonics, lotions, or creams; and tinting eyelashes and eyebrows.

     (((5))) (7) "Cosmetologist" means a person licensed under this chapter to engage in the practice of cosmetology.

     (((6))) (8) "The practice of barbering" means the cutting, trimming, arranging, dressing, curling, shampooing, shaving, and mustache and beard design of the hair of the face, neck, and scalp.

     (((7))) (9) "Barber" means a person licensed under this chapter to engage in the practice of barbering.

     (((8))) (10) "Practice of manicuring" means the cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and the nails of the hands or feet, and the application and removal of sculptured or otherwise artificial nails by hand or with mechanical or electrical apparatus or appliances.

     (((9))) (11) "Manicurist" means a person licensed under this chapter to engage in the practice of manicuring.

     (((10))) (12) "Practice of esthetics" means care of the skin by application and use of preparations, antiseptics, tonics, essential oils, or exfoliants, or by any device or equipment, electrical or otherwise, or by wraps, compresses, cleansing, conditioning, stimulation, pore extraction, or product application and removal; the temporary removal of superfluous hair by means of lotions, creams, mechanical or electrical apparatus, appliance, waxing, tweezing, or depilatories; tinting of eyelashes and eyebrows; and lightening the hair, except the scalp, on another person.

     (((11))) (13) "Esthetician" means a person licensed under this chapter to engage in the practice of esthetics.

     (((12))) (14) "Instructor-trainee" means a person who is currently licensed in this state as a cosmetologist, barber, manicurist, or esthetician, and is enrolled in an instructor-trainee curriculum in a school licensed under this chapter.

     (((13))) (15) "School" means any establishment that offers curriculum of instruction in the practice of cosmetology, barbering, esthetics, manicuring, or instructor-trainee to students and is licensed under this chapter.

     (((14))) (16) "Student" means a person sixteen years of age or older who is enrolled in a school licensed under this chapter and receives instruction in any of the curricula of cosmetology, barbering, esthetics, manicuring, or instructor-training with or without tuition, fee, or cost, and who does not receive any wage or commission.

     (((15))) (17) "Instructor" means a person who gives instruction in a school in a curriculum in which he or she holds a license under this chapter, has completed at least five hundred hours of instruction in teaching techniques and lesson planning in a school, and has passed a licensing examination approved or administered by the director. An applicant who holds a degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor to give instruction in a school in a curriculum in which he or she holds a license under this chapter. An applicant who holds an instructional credential from an accredited community or technical college and who has passed a licensing examination approved or administered by the director shall upon application be licensed as an instructor to give instruction in a school in a curriculum in which he or she holds a license under this chapter.

     (((16))) (18) "Person" means any individual, partnership, professional service corporation, joint stock association, joint venture, or any other entity authorized to do business in this state.

     (((17))) (19) "Salon/shop" means any building, structure, or any part thereof, other than a school, where the commercial practice of cosmetology, barbering, esthetics, or manicuring is conducted; provided that any person, except employees of a salon/shop, who operates from a salon/shop is required to meet all salon/shop licensing requirements.

     (((18))) (20) "Crossover training" means training approved by the director as training hours that may be credited to current licensees for similar training received in another profession licensed under this chapter.

     (((19))) (21) "Approved security" means surety bond.

     (((20))) (22) "Personal services" means a location licensed under this chapter where the practice of cosmetology, barbering, manicuring, or esthetics is performed for clients in the client's home, office, or other location that is convenient for the client.

     (((21))) (23) "Individual license" means a cosmetology, barber, manicurist, esthetician, or instructor license issued under this chapter.

     (((22))) (24) "Location license" means a license issued under this chapter for a salon/shop, school, personal services, or mobile unit.

     (((23))) (25) "Mobile unit" is a location license under this chapter where the practice of cosmetology, barbering, esthetics, or manicuring is conducted in a mobile structure. Mobile units must conform to the health and safety standards set by rule under this chapter.

     (((24))) (26) "Curriculum" means the courses of study taught at a school, set by rule under this chapter, and approved by the department. After consulting with the board, the director may set by rule a percentage of hours in a curriculum, up to a maximum of ten percent, that could include hours a student receives while training in a salon/shop under a contract approved by the department. Each curriculum must include at least the following required hours:

     (a) Cosmetologist, one thousand six hundred hours;

     (b) Barber, one thousand hours;

     (c) Manicurist, six hundred hours;

     (d) Esthetician, six hundred hours;

     (e) Instructor-trainee, five hundred hours.

     (((25))) (27) "Student monthly report" means the student record of daily activities and the number of hours completed in each course of a curriculum that is prepared monthly by the school and provided to the student, audited annually by the department, and kept on file by the school for three years.

     Sec. 3. RCW 18.16.070 and 1984 c 208 s 4 are each amended to read as follows:

     This chapter shall not apply to persons licensed under other laws of this state who are performing services within their authorized scope of practice and shall not be construed to require a license for students enrolled in a school or an apprentice engaged in an apprenticeship program.

     Sec. 4. RCW 18.16.090 and 2002 c 111 s 6 are each amended to read as follows:

     Examinations for licensure under this chapter shall be conducted at such times and places as the director determines appropriate. Examinations shall consist of tests designed to reasonably measure the applicant's knowledge of safe and sanitary practices and may also include the applicant's knowledge of this chapter and rules adopted pursuant to this chapter. The director may establish by rule a performance examination in addition to any other examination. The director shall establish by rule the minimum passing score for all examinations and the requirements for reexamination of applicants who fail the examination or examinations. The director may allow an independent person to conduct the examinations at the expense of the applicants.

     The director shall take steps to ensure that after completion of the required course or apprenticeship program, applicants may promptly take the examination and receive the results of the examination.

     Sec. 5. RCW 18.16.100 and 2002 c 111 s 7 are each amended to read as follows:

     (1) Upon completion of an application approved by the department and payment of the proper fee, the director shall issue the appropriate license to any person who:

     (a) Is at least seventeen years of age or older;

     (b)(I) Has completed and graduated from a school licensed under this chapter in a curriculum approved by the director of sixteen hundred hours of training in cosmetology, one thousand hours of training in barbering, six hundred hours of training in manicuring, six hundred hours of training in esthetics, and/or five hundred hours of training as an instructor-trainee, or has met the requirements in RCW 18.16.020 or 18.16.130; or

     (ii) Has successfully completed an apprenticeship training program; and

     (c) Has received a passing grade on the appropriate licensing examination approved or administered by the director.

     (2) A person currently licensed under this chapter may qualify for examination and licensure, after the required examination is passed, in another category if he or she has completed the crossover training course.

     (3) Upon completion of an application approved by the department, certification of insurance, and payment of the proper fee, the director shall issue a location license to the applicant.

     (4) The director may consult with the state board of health and the department of labor and industries in establishing training, apprenticeship, and examination requirements."

MOTION

    On motion of Senator Benton, the following amendments by Senators Benton, Haugen and Prentice to the committee striking amendment were considered simultaneously and were adopted:

     On page 1, beginning on line 6 of the amendment, after "advisory" strike all material through "2005." on line 24 of the amendment and insert "committee is created that may consist of representatives from individuals and businesses licensed under chapter 18.16 RCW; cosmetology, barbering, esthetics, and manicuring advisory board members; department of labor and industries; department of licensing; United States department of labor apprenticeship; and other interested parties.

     (a) The advisory committee shall meet to review progress of the cosmetology apprenticeship pilot program.

     (b) The department of labor and industries apprenticeship council shall coordinate the activities of the advisory committee. The advisory committee shall issue annual reports on the progress of the apprenticeship program to interested parties and shall issue a final report regarding the outcome of the apprenticeship program to be presented to the appropriate committees of the house of representatives and senate by December 31, 2005.

     (2) Up to twenty salons approved by the department of labor and industries apprenticeship council may participate in the apprenticeship program. The participating salons shall proportionately represent the geographic diversity of Washington state, including rural and urban areas, and salons located in both eastern and western Washington.

     (3) The department of licensing shall adopt rules, including a mandatory requirement that apprentices complete in-classroom theory courses as a part of their training, to provide for the licensure of participants of the apprenticeship program.

     (4) The cosmetology apprenticeship pilot program expires July 1, 2006."

     On page 2, line 3 of the amendment, after "July" strike "31, 2005" and insert "1, 2006"

     On page 2, line 4 of the amendment, after "engaged in" strike "an" and insert "a state-approved"

     On page 2, line 5 of the amendment, after "compensation" insert "while engaged in the program"

     On page 4, line 10 of the amendment, after "requirements" insert "and may participate in the apprenticeship program when certified by the advisory committee as established by the department of labor and industries apprenticeship council"

     On page 5, line 15 of the amendment, after "engaged in" strike "an" and insert "a state-approved"

     On page 5, line 16 of the amendment, after "program" insert "as defined in RCW 18.16.020"

     On page 6, line 14 of the amendment, after "completed" strike "an" and insert "a state-approved"

     On page 6, after line 27 of the amendment, insert the following:

     "NEW SECTION. Sec. 6. This act takes effect September 15, 2003."

    The President declared the question before the Senate to be the adoption of the Committee on Financial Services, Insurance and Housing striking amendment, as amended, to Substitute House Bill No. 2202.

    The motion by Senator Benton carried and the committee striking amendment, as amended, was adopted.

    There being no objection, the following title amendments were considered simultaneously and were adopted:

     On page 1, line 1 of the title, after "apprenticeship;" strike the remainder of the title and insert "amending RCW 18.16.020, 18.16.070, 18.16.090, and 18.16.100; and adding a new section to chapter 18.16 RCW."

     On page 7, line 1 of the title amendment, after "18.16.100;" strike "and"

     On page 7, line 2 of the title amendment, after "RCW" insert "; and providing an effective date"

MOTION

    On motion of Senator Benton, the rules were suspended, Substitute House Bill No. 2202, as amended by the Senate, 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. 2202, as amended by the Senate.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute House Bill No. 2202, as amended by the Senate, 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 HOUSE BILL NO. 2202, as amended by the Senate, 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. 8005, by Senators Benton, Swecker, Winsley, Mulliken, Honeyford, West, Hale, Esser and Schmidt

Requesting Congress to permanently repeal the estate tax.

    The joint memorial was read the second time.

MOTION

    Senator Benton moved that the rules be suspended and Senate Joint Memorial No. 8005 be advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

POINT OF ORDER

    Senator Brown: “A point of order, Mr. President. I do not believe that this memorial is properly before us. Senate Concurrent Resolution No. 8400 states that Senate Bills must pass the Senate by Wednesday, March 19, 2003, unless the bill is a budget bill or a bill necessary to implement the budget. This joint memorial is not a budget bill and it is not necessary to implement the budget. Senate Joint Memorial 8005 is a letter to Congress asking them to--they have already passed the bill to phase out the estate taxes. This asks them to permanently repeal the estate tax. Numerous bills have been introduced in the US Congress. Since this is a federal issue and depends on action by Congress, I do not believe that this is necessary to implement the Washington State Budget. The action has already been taken to Congress, relative to the issue and I would ask the President to find that this bill does not affect our Washington State Budget and, therefore, is not properly before us.”

MOTION

    On motion of Senator Sheahan, further consideration of Senate Joint Memorial No. 8005 was deferred.

SECOND READING

    SUBSTITUTE HOUSE BILL NO. 1189, by House Committee on Health Care (originally sponsored by Representatives Alexander, Cody, Skinner, Schual-Berke, Pflug, Morrell, Moeller, Darneille, Clibborn, Campbell and Bailey)

Revising authority of public hospital districts to pay recruitment expenses and employee training and education expenses.

    The bill was read the second time.

MOTION

    On motion of Senator Sheahan, the rules were suspended, Substitute House Bill No. 1189 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. 1189.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute House Bill No. 1189 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 HOUSE BILL NO. 1189, 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

    SUBSTITUTE HOUSE BILL NO. 1855, by House Committee on Children and Family Services (originally sponsored by Representatives Dickerson, Campbell, McDermott and Skinner)

Clarifying licensed independent clinical social worker education and experience requirements.

    The bill was read the second time.

MOTION

    On motion of Senator Stevens, the rules were suspended, Substitute House Bill No. 1855 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1855.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute House Bill No. 1855 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 HOUSE BILL NO. 1855, 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

    Senator Reardon moved that the Senate immediately consider Senate Joint Memorial No. 8006.

MOTION

    Senator Sheahan moved to defer further consideration of Senate Joint Memorial No. 8006 and that the joint memorial hold its place on the second reading calendar.

    Debate ensued.

PARLIAMENTARY INQUIRY

    Senator Betti Sheldon: “A point of parliamentary inquiry, Mr. President. Does this motion require a vote?”

REPLY BY THE PRESIDENT

    President Owen: “All motions require a vote, Senator.”

    Senator Betti Sheldon: “So, that is it. This does require a vote, correct?”

    President Owen: “Yes. Senator Sheldon, the motion to consider a bill has a higher ranking than a motion to defer the bill.”

MOTION

    At 3:02 p.m., on motion of Senator Sheahan, the Senate adjourned until 9:00 a.m., Monday, April 14, 2003.

BRAD OWEN, President of the Senate

MILTON H. DOUMIT, Jr., Secretary of the Senate