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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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EIGHTY FIRST DAY

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House Chamber, Olympia, Thursday, April 3, 2003

The House was called to order at 9:55 a.m. by the Speaker (Representative Lovick presiding).

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

MESSAGES FROM THE SENATE

April 2, 2003

Mr. Speaker:

The Senate has passed:

HOUSE BILL NO. 1052,

SUBSTITUTE HOUSE BILL NO. 1069,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

April 2, 2003

Mr. Speaker:

The Senate has adopted the report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5403, and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.

Milt H. Doumit, Secretary

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

REPORTS OF STANDING COMMITTEES

April 1, 2003

SSB 5006 Prime Sponsor, Senate Committee On Natural Resources, Energy & Water: Allowing nonconsumptive wildlife activities on public lands. Reported by Committee on Agriculture & Natural Resources

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Eickmeyer; Grant; Hunt; Kristiansen; McDermott and Quall.

MINORITY recommendation: Do not pass. Signed by Representatives Orcutt and Sump.

Passed to Committee on Rules for second reading.

April 1, 2003

SSB 5062 Prime Sponsor, Senate Committee On Parks, Fish & Wildlife: Creating the Puget Sound recreational fisheries enhancement oversight committee. Reported by Committee on Fisheries, Ecology & Parks

MAJORITY recommendation: Do pass. Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and Upthegrove.

Referred to Committee on Appropriations.

April 1, 2003

2SSB 5074 Prime Sponsor, Senate Committee On Ways & Means: Establishing contract harvesting of timber on state trust lands. Reported by Committee on Agriculture & Natural Resources

MINORITY recommendation: Do not pass. Signed by Representatives Hunt.

Referred to Committee on Appropriations.

April 1, 2003

SB 5075 Prime Sponsor, Senator Morton: Authorizing the department of natural resources to accept gifts of aquatic land. Reported by Committee on Agriculture & Natural Resources

MINORITY recommendation: Do not pass. Signed by Representatives Hunt.

Passed to Committee on Rules for second reading.

April 1, 2003

SB 5076 Prime Sponsor, Senator Morton: Determining a "highest responsible bidder" for valuable materials from state-owned aquatic lands. Reported by Committee on Agriculture & Natural Resources

MINORITY recommendation: Do not pass. Signed by Representatives Hunt.

Passed to Committee on Rules for second reading.

April 1, 2003

SB 5180 Prime Sponsor, Senator Hewitt: Renaming the legislative committee on economic development the legislative committee on economic development and international relations. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: Do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; Chase; Condotta; Kristiansen; McCoy; Pettigrew and Priest.

Passed to Committee on Rules for second reading.

April 1, 2003

SB 5211 Prime Sponsor, Senator Kohl-Welles: Clarifying that certain entities are not collection agencies. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass. Signed by Representatives Schual-Berke, Chairman; Simpson, Vice Chairman; Benson, Ranking Minority Member; Newhouse, Assistant Ranking Minority Member; Cairnes; Carrell; Cooper; Hatfield; Hunter; Roach and Santos.

Passed to Committee on Rules for second reading.

April 1, 2003

SB 5224 Prime Sponsor, Senator Benton: Adding a rental housing owner to the affordable housing advisory board. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: Do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; Chase; Condotta; Kristiansen; McCoy; Pettigrew and Priest.

Passed to Committee on Rules for second reading.

April 1, 2003

SSB 5251 Prime Sponsor, Senate Committee On Judiciary: Modifying foreign judgment provisions. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby and Lovick.

Passed to Committee on Rules for second reading.

April 1, 2003

SB 5266 Prime Sponsor, Senator Oke: Concerning the commercial harvest of geoduck clams. Reported by Committee on Fisheries, Ecology & Parks

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

Correct the title.

Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and Upthegrove.

Passed to Committee on Rules for second reading.

April 1, 2003

SSB 5310 Prime Sponsor, Senate Committee On Financial Services, Insurance & Housing: Establishing bond requirements for title insurance agent licenses. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 48.29 RCW to read as follows:

(1) At the time of filing an application for a title insurance agent license, or any renewal or reinstatement of a title insurance agent license, the applicant shall provide satisfactory evidence to the commissioner of having obtained the following as evidence of financial responsibility:

(a) A fidelity bond or fidelity insurance providing coverage in the aggregate amount of two hundred thousand dollars with a deductible no greater than ten thousand dollars covering the applicant and each corporate officer, partner, escrow officer, and employee of the applicant conducting the business of an escrow agent as defined in RCW 18.44.011 and exempt from licensing under RCW 18.44.021(6); and

(b) A surety bond in the amount of ten thousand dollars executed by the applicant as obligor and by a surety company authorized to do a surety business in this state as surety, or some other security approved by the commissioner, unless the fidelity bond or fidelity insurance obtained by the licensee to satisfy the requirement in (a) of this subsection does not have a deductible. The bond shall run to the state of Washington as obligee, and shall run to the benefit of the state and any person or persons who suffer loss by reason of the applicant's or its employee's violation of this chapter. The bond shall be conditioned that the obligor as licensee will faithfully conform to and abide by this chapter and all rules adopted under this chapter, and shall reimburse all persons who suffer loss by reason of a violation of this chapter or rules adopted under this chapter. The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to the commissioner of its intent to cancel the bond. The cancellation shall be effective thirty days after the notice is received by the commissioner. Whether or not the bond is renewed, continued, reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it shall be considered one continuous obligation, and the surety upon the bond shall not be liable in an aggregate amount exceeding the penal sum set forth on the face of the bond. In no event shall the penal sum, or any portion thereof, at two or more points in time be added together in determining the surety's liability. The bond is not liable for any penalties imposed on the licensee, including but not limited to, any increased damages or attorneys' fees, or both, awarded under RCW 19.86.090.

(2) For the purposes of this section, a "fidelity bond" means a primary commercial blanket bond or its equivalent satisfactory to the commissioner and written by an insurer authorized to transact this line of business in the state of Washington. The bond shall provide fidelity coverage for any fraudulent or dishonest acts committed by any one or more of the employees, officers, or owners as defined in the bond, acting alone or in collusion with others. The bond shall be for the sole benefit of the title insurance agent and under no circumstances whatsoever shall the bonding company be liable under the bond to any other party. The bond shall name the title insurance agent as obligee and shall protect the obligee against the loss of money or other real or personal property belonging to the obligee, or in which the obligee has a pecuniary interest, or for which the obligee is legally liable or held by the obligee in any capacity, whether the obligee is legally liable therefor or not. The bond may be canceled by the insurer upon delivery of thirty days' written notice to the commissioner and to the title insurance agent.

(3) For the purposes of this section, "fidelity insurance" means employee dishonesty insurance or its equivalent satisfactory to the commissioner and written by an insurer authorized to transact this line of business in the state of Washington. The insurance shall provide coverage for any fraudulent or dishonest acts committed by any one or more of the employees, officers, or owners as defined in the policy of insurance, acting alone or in collusion with others. The insurance shall be for the sole benefit of the title insurance agent and under no circumstances whatsoever shall the insurance company be liable under the insurance to any other party. The insurance shall name the title insurance agent as the named insured and shall protect the named insured against the loss of money or other real or personal property belonging to the named insured, or in which the named insured has a pecuniary interest, or for which the named insured is legally liable or held by the named insured in any capacity, whether the named insured is legally liable therefore or not. The insurance coverage may be canceled by the insurer upon delivery of thirty days' written notice to the commissioner and to the title insurance agent.

(4) The fidelity bond or fidelity insurance, and the surety bond or other form of security approved by the commissioner, shall be kept in full force and effect as a condition precedent to the title insurance agent's authority to transact business in this state, and the title insurance agent shall supply the commissioner with satisfactory evidence thereof upon request."

Signed by Representatives Schual-Berke, Chairman; Simpson, Vice Chairman; Benson, Ranking Minority Member; Newhouse, Assistant Ranking Minority Member; Cairnes; Carrell; Cooper; Hatfield; Hunter; Roach and Santos.

Passed to Committee on Rules for second reading.

April 1, 2003

SSB 5451 Prime Sponsor, Senate Committee On Financial Services, Insurance & Housing: Regulating escrow agents and officers. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass. Signed by Representatives Schual-Berke, Chairman; Simpson, Vice Chairman; Benson, Ranking Minority Member; Cooper; Hatfield; Hunter and Santos.

MINORITY recommendation: Do not pass. Signed by Representatives Newhouse, Assistant Ranking Minority Member; Cairnes; Carrell and Roach.

Referred to Committee on Appropriations.

April 1, 2003

ESSB 5586 Prime Sponsor, Senate Committee On Natural Resources, Energy & Water: Granting authority to address concerns with lead-based paint activities. Reported by Committee on Fisheries, Ecology & Parks

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that lead hazards associated with lead-based paint represent a significant and preventable environmental health problem. Lead-based paint is the most widespread of the various sources of lead exposure to the public. Census data show that one million five hundred sixty thousand homes in Washington state were built prior to 1978 when the sale of residential lead-based paint was banned. These are homes that are believed to contain some lead-based paint.

Lead negatively affects every system of the body. It is harmful to individuals of all ages and is especially harmful to children, fetuses, and adults of childbearing age. The effects of lead on a child's cognitive, behavioral, and developmental abilities may necessitate large expenditures of public funds for health care and special education. The irreversible damage to children and subsequent expenditures could be avoided if exposure to lead is reduced.

(2) The federal government regulates lead poisoning and lead hazard reduction through:

(a)(i) The lead-based paint poisoning prevention act;

(ii) The lead contamination control act;

(iii) The safe drinking water act;

(iv) The resource conservation and recovery act of 1976; and

(v) The residential lead-based paint hazard reduction act of 1992; and

(b) Implementing regulations of:

(i) The environmental protection agency;

(ii) The department of housing and urban development;

(iii) The occupational safety and health administration; and

(iv) The centers for disease control and prevention.

(3) In 1992, congress passed the federal residential lead-based paint hazard reduction act, which allows states to provide for the accreditation of lead-based paint activities programs, the certification of persons completing such training programs, and the licensing of lead-based paint activities contractors under standards developed by the United States environmental protection agency.

(4) The legislature recognizes the state's need to protect the public from exposure to lead hazards. A qualified and properly trained work force is needed to assist in the prevention, detection, reduction, and elimination of hazards associated with lead-based paint. The purpose of training workers, supervisors, inspectors, risk assessors, and project designers engaged in lead-based paint activities is to protect building occupants, particularly children ages six years and younger from potential lead-based paint hazards and exposures both during and after lead-based paint activities. Qualified and properly trained individuals and firms will help to ensure lead-based paint activities are conducted in a way that protects the health of the citizens of Washington state and safeguards the environment. The state lead-based paint activities program requires that all lead-based paint activities be performed by certified personnel trained by an accredited program, and that all lead-based paint activities meet minimum work practice standards established by the department of community, trade, and economic development. Therefore, the lead-based paint activities accreditation, training, and certification program shall be established in accordance with this chapter. The lead-based paint activities accreditation, training, and certification program shall be administered by the department of community, trade, and economic development and shall be used as a means to assure the protection of the general public from exposure to lead hazards.

(5) For the welfare of the people of the state of Washington, this chapter establishes a lead-based paint activities program within the department of community, trade, and economic development to protect the general public from exposure to lead hazards and to ensure the availability of a trained and qualified work force to identify and address lead-based paint hazards.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards.

(a) Abatement includes, but is not limited to:

(i) The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil, when lead- based paint hazards are present in such paint, dust, or soil; and

(ii) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.

(b) Specifically, abatement includes, but is not limited to:

(i) Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:

(A) Shall result in the permanent elimination of lead-based paint hazards; or

(B) Are designed to permanently eliminate lead-based paint hazards and are described in (a)(i) and (ii) of this subsection;

(ii) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by certified firms or individuals, unless such projects are covered by (c) of this subsection;

(iii) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless such projects are covered by (c) of this subsection; or

(iv) Projects resulting in the permanent elimination of lead-based paint hazards, that are conducted in response to state or local abatement orders.

(c) Abatement does not include renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.

(2) "Accredited training program" means a training program that has been accredited by the department to provide training for individuals engaged in lead-based paint activities.

(3) "Certified inspector" means an individual who has been trained by an accredited training program, meets all the qualifications established by the department, and is certified by the department to conduct inspections.

(4) "Certified abatement worker" means an individual who has been trained by an accredited training program, meets all the qualifications established by the department, and is certified by the department to perform abatements.

(5) "Certified firm" includes a company, partnership, corporation, sole proprietorship, association, agency, or other business entity that meets all the qualifications established by the department and performs lead-based paint activities to which the department has issued a certificate.

(6) "Certified project designer" means an individual who has been trained by an accredited training program, meets all the qualifications established by the department, and is certified by the department to prepare abatement project designs, occupant protection plans, and abatement reports.

(7) "Certified risk assessor" means an individual who has been trained by an accredited training program, meets all the qualifications established by the department, and is certified by the department to conduct risk assessments and sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.

(8) "Certified supervisor" means an individual who has been trained by an accredited training program, meets all the qualifications established by the department, and is certified by the department to supervise and conduct abatements, and to prepare occupant protection plans and abatement reports.

(9) "Department" means the Washington state department of community, trade, and economic development.

(10) "Director" means the director of the Washington state department of community, trade, and economic development.

(11) "Federal laws and rules" means:

(a) Title IV, toxic substances control act (15 U.S.C. Sec. 2681 et seq.) and the rules adopted by the United States environmental protection agency under that law for authorization of state programs;

(b) Any regulations or requirements adopted by the United States department of housing and urban development regarding eligibility for grants to states and local governments; and

(12) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.

(13) "Lead-based paint activity" includes inspection, testing, risk assessment, lead-based paint hazard reduction project design or planning, or abatement of lead-based paint hazards.

(14) "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the administrator of the United States environmental protection agency under the toxic substances control act, section 403.

(15) "State program" means a state administered lead-based paint activities certification and training program that meets the federal environmental protection agency requirements.

(16) "Person" includes an individual, corporation, firm, partnership, or association, an Indian tribe, state, or political subdivision of a state, and a state department or agency.

(17) "Risk assessment" means:

(a) An on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards; and

(b) The provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

NEW SECTION. Sec. 3. (1) The department shall administer and enforce a state program for worker training and certification, and training program accreditation, which shall include those program elements necessary to assume responsibility for federal requirements for a program as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subparts L and Q (1996), and Title X of the housing and community development act of 1992 (P.L. 102-550). The department may delegate or enter into a memorandum of understanding with local governments or private entities for implementation of components of the state program.

(2) The department is authorized to adopt rules that are consistent with federal requirements to implement a state program. Rules adopted under this section shall:

(a) Establish minimum accreditation requirements for lead-based paint activities for training providers;

(b) Establish work practice standards for conduct of lead-based paint activities;

(c) Establish certification requirements for individuals and firms engaged in lead-based paint activities including provisions for recognizing certifications accomplished under existing certification programs;

(d) Require the use of certified personnel in all lead-based paint activities;

(e) Be revised as necessary to comply with federal law and rules and to maintain eligibility for federal funding;

(f) Facilitate reciprocity and communication with other states having a lead-based paint certification program;

(g) Provide for decertification, deaccreditation, and financial assurance for a person certified by or a training provider accredited by the department; and

(h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.

(3) The department may accept federal funds for the administration of the program.

(4) This program shall equal, but not exceed, legislative authority under federal requirements as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), and Title X of the housing and community development act of 1992 (P.L. 102-550).

(5) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating to lead-based paint activities specified by the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.) and Title X of the housing and community development act of 1992 (P.L. 102-550), and rules adopted pursuant to chapter 70.105D RCW, to ensure consistency in regulatory action. The rules may not be more restrictive than corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.

NEW SECTION. Sec. 4. (1) The department shall establish a program for certification of persons involved in lead-based paint activities and for accreditation of training providers in compliance with federal laws and rules.

(2) Rules adopted under this section shall:

(a) Establish minimum accreditation requirements for lead-based paint activities for training providers;

(b) Establish work practice standards for conduct of lead-based paint activities;

(d) Require the use of certified personnel in any lead-based paint hazard reduction activity;

(e) Be revised as necessary to comply with federal law and rules and to maintain eligibility for federal funding;

(f) Facilitate reciprocity and communication with other states having a lead-based paint certification program;

(g) Provide for decertification, deaccreditation, and financial assurance for a person certified or accredited by the department; and

(h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.

(3) This program shall equal, but not exceed, legislative authority under federal requirements as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745 (1996), Subparts L and Q, and Title X of the housing and community development act of 1992 (P.L. 102-550).

(4) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating to lead-based paint activities specified by the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.) and Title X of the housing and community development act of 1992 (P.L. 102-550), and rules adopted pursuant to chapter 70.105D RCW, to ensure consistency in regulatory action. The rules may not be more restrictive than corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.

(5) The department may accept federal funds for the administration of the program.

NEW SECTION. Sec. 5. The department shall adopt rules to:

(1) Establish procedures and requirements for the accreditation of lead-based paint activities training programs including, but not limited to, the following:

(a) Training curriculum;

(b) Training hours;

(d) Trainee competency and proficiency;

(e) Training program quality control;

(f) Procedures for the reaccreditation of training programs;

(g) Procedures for the oversight of training programs; and

(h) Procedures for the suspension, revocation, or modification of training program accreditations, or acceptance of training offered by an accredited training provider in another state or Indian tribe authorized by the environmental protection agency;

(2) Establish procedures for the purposes of certification, for the acceptance of training offered by an accredited training provider in a state or Indian tribe authorized by the environmental protection agency;

(3) Certify individuals involved in lead-based paint activities to ensure that certified individuals are trained by an accredited training program and possess appropriate educational or experience qualifications for certification;

(4) Establish procedures for recertification;

(5) Require the conduct of lead-based paint activities in accordance with work practice standards;

(6) Establish procedures for the suspension, revocation, or modification of certifications; and

(7) Establish requirements for the administration of third-party certification exams;

(8) Use laboratories accredited under the environmental protection agency's national lead laboratory accreditation program;

(9) Establish work practice standards for the conduct of lead-based paint activities for:

(a) Inspection for presence of lead-based paint;

(b) Risk assessment; and

(10) Establish an enforcement response policy that shall include:

(a) Warning letters, notices of noncompliance, notices of violation, or the equivalent;

(b) Administrative or civil actions, including penalty authority, including accreditation or certification suspension, revocation, or modification; and

The department shall prepare and submit a biennial report to the legislature regarding the program's status, its costs, and the number of persons certified by the program.

NEW SECTION. Sec. 6. The lead paint account is created in the state treasury. All receipts from section 7 of this act shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter.

NEW SECTION. Sec. 7. (1) The department shall collect a fee in the amount of twenty-five dollars for certification and recertification of lead paint firms, inspectors, project developers, risk assessors, supervisors, and abatement workers.

(2) The department shall collect a fee in the amount of two hundred dollars for the accreditation of lead paint training programs.

NEW SECTION. Sec. 8. (1)(a) The director or the director's designee is authorized to inspect at reasonable times and, when feasible, with at least twenty-four hours prior notification:

(i) Premises or facilities where those engaged in training for lead-based paint activities conduct business; and

(ii) The business records of, and take samples at, the businesses accredited or certified under this chapter to conduct lead-based paint training or activities.

(b) Any accredited training program or any firm or individual certified under this chapter that denies access to the department for the purposes of (a) of this subsection is subject to deaccreditation or decertification under section 4 of this act.

(2) The director or the director's designee is authorized to inspect premises or facilities, with the consent of the owner or owner's agent, where violations may occur concerning lead-based paint activities, as defined under section 2 of this act, at reasonable times and, when feasible, with at least forty-eight hours prior notification of the inspection.

(3) Prior to receipt of federal lead-based paint abatement funding, all premise or facility owners shall be notified by any entity that receives and disburses the federal funds that an inspection may be conducted. If a premise or facility owner does not wish to have an inspection conducted, that owner is not eligible to receive lead-based paint abatement funding.

NEW SECTION. Sec. 9. (1) The department is designated as the official agency of this state for purposes of cooperating with, and implementing the state lead-based paint activities program under the jurisdiction of the United States environmental protection agency.

(2) No individual or firm can perform, offer, or claim to perform lead-based paint activities without certification from the department to conduct these activities.

(3) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this chapter or any rule adopted under this chapter. No person whose certificate is revoked under this chapter shall be eligible to apply for a certificate for one year from the effective date of the final order of revocation. A certificate may be denied, suspended, or revoked on any of the following grounds:

(a) A risk assessor, inspector, contractor, project designer, or worker violates work practice standards established by the United States environmental protection agency or the United States department of housing and urban development governing work practices and procedures; or

(b) The certificate was obtained by error, misrepresentation, or fraud.

(4) Any person convicted of violating any of the provisions of this chapter is guilty of a misdemeanor. A conviction is an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this chapter, regardless of whether imposition of sentence is deferred or the penalty is suspended, and shall be treated as a violation conviction for purposes of certification forfeiture under this chapter. Violations of this chapter include:

(a) Failure to comply with any requirement of this chapter;

(b) Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required;

(d) Failure to obtain certification from the department and performing work requiring certification at a job site; or

(e) Fraudulently obtaining certification and engaging in any lead- based paint activities requiring certification.

NEW SECTION. Sec. 10. (1) The department's duties under this act are subject to authorization of the state program from the federal government within two years of the effective date of this section.

(2) The department's duties under this act are subject to the availability of sufficient funding from the federal government for this purpose. The director or his or her designee shall seek funding of the department's efforts under this chapter from the federal government. By October 15th of each year, the director shall determine if sufficient federal funding has been provided or guaranteed by the federal government. If the director determines sufficient funding has not been provided, the department shall cease efforts under this chapter due to the lack of federal funding.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act constitute a new chapter in Title 70 RCW."

Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and Upthegrove.

Passed to Committee on Rules for second reading.

April 1, 2003

SB 5662 Prime Sponsor, Senator Hale: Clarifying community economic revitalization board membership provisions. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: Do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; Chase; Condotta; Kristiansen; McCoy; Pettigrew and Priest.

Passed to Committee on Rules for second reading.

April 1, 2003

SSB 5716 Prime Sponsor, Senate Committee On Financial Services, Insurance & Housing: Prohibiting manufacture or sale of fraudulent drivers' licenses and identicards. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.20.0921 and 1990 c 210 s 3 are each amended to read as follows:

(1) It is a misdemeanor for any person:

(((1))) (a) To display or cause or permit to be displayed or have in his or her possession any fictitious or fraudulently altered driver's license or identicard;

(((2))) (b) To lend his or her driver's license or identicard to any other person or knowingly permit the use thereof by another;

(((3))) (c) To display or represent as one's own any driver's license or identicard not issued to him or her;

(((4))) (d) Willfully to fail or refuse to surrender to the department upon its lawful demand any driver's license or identicard which has been suspended, revoked or canceled;

(((5))) (e) To use a false or fictitious name in any application for a driver's license or identicard or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;

(((6))) (f) To permit any unlawful use of a driver's license or identicard issued to him or her.

(2) It is a class C felony for any person to sell or deliver a stolen driver's license or identicard.

(3) It is unlawful for any person to manufacture, sell, or deliver a forged, fictitious, counterfeit, fraudulently altered, or unlawfully issued driver's license or identicard, or to manufacture, sell, or deliver a blank driver's license or identicard except under the direction of the department. A violation of this subsection is:

(a) A class C felony if committed (i) for financial gain or (ii) with intent to commit forgery, theft, or identity theft; or

(b) A gross misdemeanor if the conduct does not violate (a) of this subsection.

(4) Notwithstanding subsection (3) of this section, it is a misdemeanor for any person under the age of twenty-one to manufacture or deliver fewer than four forged, fictitious, counterfeit, or fraudulently altered driver's licenses or identicards for the sole purpose of misrepresenting a person's age.

(5) In a proceeding under subsection (2), (3), or (4) of this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality."

Passed to Committee on Rules for second reading.

April 1, 2003

SSB 5719 Prime Sponsor, Senate Committee On Financial Services, Insurance & Housing: Penalizing the fraudulent use of credit card scanning devices. Reported by Committee on Financial Institutions & Insurance

Passed to Committee on Rules for second reading.

April 1, 2003

SSB 5761 Prime Sponsor, Senate Committee On Economic Development: Modifying requirements for industrial projects of statewide significance. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: Do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; Chase; Condotta; Kristiansen; McCoy; Pettigrew and Priest.

Passed to Committee on Rules for second reading.

April 1, 2003

ESSB 5785 Prime Sponsor, Senate Committee On Parks, Fish & Wildlife: Concerning the use of a nonhighway vehicle on certain nonhighway roads or trails that are restricted to pedestrian or animal travel. Reported by Committee on Fisheries, Ecology & Parks

MAJORITY recommendation: Do pass. Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and Upthegrove.

Passed to Committee on Rules for second reading.

April 1, 2003

SB 5893 Prime Sponsor, Senator Oke: Allowing the fish and wildlife commission to set a transaction fee on recreational documents issued through an automated licensing system. Reported by Committee on Fisheries, Ecology & Parks

Passed to Committee on Rules for second reading.

There being no objection, the bills listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated.

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

There being no objection, the House adjourned until 10:00 a.m., April 4, 2003, the 82^nd Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk