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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________

NINETY SIXTH DAY

___________________________________________________________________________________________

House Chamber, Olympia, Friday, April 18, 2003

The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Nick Biesold and Anna Min. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Angela Farrar, First Baptist Church, Mountlake Terrace.

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

MESSAGES FROM THE SENATE

April 17, 2003

Mr. Speaker:

The Senate has concurred in the House amendments to the following bills and passed the bills as amended by the House:

SUBSTITUTE SENATE BILL NO. 5051,

SUBSTITUTE SENATE BILL NO. 5120,

SUBSTITUTE SENATE BILL NO. 5358,

SUBSTITUTE SENATE BILL NO. 5409,

SENATE BILL NO. 5507,

SENATE BILL NO. 5662,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

April 17, 2003

Mr. Speaker:

The President has signed:

SUBSTITUTE SENATE BILL NO. 5189,

SENATE BILL NO. 5284,

SENATE BILL NO. 5893,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

April 17, 2003

Mr. Speaker:

The President has signed SENATE BILL NO. 5515, and the same is herewith transmitted.

Milt H. Doumit, Secretary

April 17, 2003

Mr. Speaker:

The President has signed:

SUBSTITUTE HOUSE BILL NO. 2197,

SUBSTITUTE HOUSE BILL NO. 2198,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

April 17, 2003

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5402,

SUBSTITUTE SENATE BILL NO. 5908,

SUBSTITUTE SENATE BILL NO. 6049,

SENATE BILL NO. 6056,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

April 17, 2003

Mr. Speaker:

The Senate has passed:

SUBSTITUTE HOUSE BILL NO. 1275,

SUBSTITUTE HOUSE BILL NO. 1494,

HOUSE BILL NO. 1621,

SUBSTITUTE HOUSE BILL NO. 1655,

SUBSTITUTE HOUSE BILL NO. 1849,

SUBSTITUTE HOUSE BILL NO. 2038,

HOUSE BILL NO. 2113,

HOUSE BILL NO. 2223,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

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

SECOND READING

SUBSTITUTE SENATE BILL NO. 5575, By Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Parlette, Morton, Doumit, Honeyford and Hale)

Concerning small irrigation impoundments.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Agriculture & Natural Resources was adopted. (For committee amendment, see Journal, 82^nd Day, April 4, 2003.)

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

Representatives Linville and Schoesler spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5575, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5575, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 98.

SUBSTITUTE SENATE BILL NO. 5575, as amended by the House, having received the necessary constitutional majority, was declared passed.

SENATE BILL NO. 5437, By Senators Benton, Schmidt, Zarelli, Shin, Carlson, Stevens and West

Allowing all parties to appeal from adverse decisions of school district regional committees.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Education was not adopted. (For committee amendment, see Journal 82^nd Day, April 4, 2003.)

Representative Haigh moved adoption of amendment (441):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.315.205 and 1999 c 315 s 402 are each amended to read as follows:

(1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the educational service district within sixty calendar days of being notified under RCW 28A.315.195 (7) or (8).

(2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is held by the committee, the committee shall issue its written findings and decision to approve or disapprove the proposed transfer of territory. The educational service district superintendent shall transmit a copy of the committee's decision to the superintendents of the affected school districts within ten calendar days.

(3) In carrying out the purposes of RCW 28A.315.015 and in making decisions as authorized under RCW 28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in school district organization complies with RCW 28A.315.015(2) and rules adopted by the state board under chapter 34.05 RCW.

(4) State board rules under subsection (3) of this section shall provide for giving consideration to all of the following:

(a) ((The annual school performance reports required under RCW 28A.320.205 in the affected districts and improvement of the educational opportunities of pupils in the territory proposed for a change in school district organization;

(b))) Student educational opportunities as measured by the percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates;

(b) The safety and welfare of pupils. For the purposes of this subsection, "safety" means freedom or protection from danger, injury, or damage and "welfare" means a positive condition or influence regarding health, character, and well-being;

(c) The history and relationship of the property affected to the students and communities affected, including, for example, inclusion within a single school district, for school attendance and corresponding tax support purposes, of entire master planned communities that were or are to be developed pursuant to an integrated commercial and residential development plan with over one thousand dwelling units;

(d) Whether or not geographic accessibility warrants a favorable consideration of a recommended change in school district organization, including remoteness or isolation of places of residence and time required to travel to and from school; and

(e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per pupil valuation when all funding sources are considered, improvement in the economies in the administration and operation of schools, and the extent the proposed change would potentially reduce or increase the individual and aggregate transportation costs of the affected school districts.

(5)(a)(i) A petitioner or school district may appeal a decision by the regional committee ((to approve a change in school district organization)) to the state board based on the claim that the regional committee failed to follow the applicable statutory and regulatory procedures or acted in an arbitrary and capricious manner. Any such appeal shall be based on the record and the appeal must be filed within thirty days of the final decision of the regional committee.

(ii) If the state board finds that all applicable procedures were not followed or that the regional committee acted in an arbitrary and capricious manner, it shall refer the matter back to the regional committee with an explanation of the board's findings. The regional committee shall rehear the proposal.

(iii) If the state board finds that all applicable procedures were followed or that the regional committee did not act in an arbitrary and capricious manner, depending on the appeal, the educational service district shall be notified and directed to implement the changes.

(b) Any school district or citizen petitioner affected by a final decision of the regional committee may seek judicial review of the committee's decision in accordance with RCW 34.05.570."

Correct the title.

Representative Talcott moved adoption of amendment (442) to amendment (441):

On page 3, after line 7 of the amendment, insert the following:

"Sec. 2. RCW 28A.315.195 and 1999 c 315 s 401 are each amended to read as follows:

(1) A proposed change in school district organization by transfer of territory from one school district to another may be initiated by a petition in writing presented to the educational service district superintendent:

(a) Signed by at least ((ten)) fifty percent plus one of the active registered voters residing in the territory proposed to be transferred; or

(b) Signed by a majority of the members of the board of directors of one of the districts affected by a proposed transfer of territory.

(2) The petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory.

(3) The educational service district superintendent shall not complete any transfer of territory under this section that involves ten percent or more of the common school student population of the entire district from which the transfer is proposed, unless the educational service district superintendent has first called and held a special election of the voters of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford those voters an opportunity to approve or reject the proposed transfer. A simple majority shall determine approval or rejection.

(4) The state board may establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition.

(5) Upon receipt of the petition, the educational service district superintendent shall notify in writing the affected districts that:

(a) Each school district board of directors, whether or not initiating a proposed transfer of territory, is required to enter into negotiations with the affected district or districts;

(b) In the case of a citizen-initiated petition, the affected districts must negotiate on the entire proposed transfer of territory;

(d) The districts may request and shall be granted by the educational service district superintendent one thirty-day extension to try to reach agreement; and

(e) Any district involved in the negotiations may at any time during the ninety-day period notify the educational service district superintendent in writing that agreement will not be possible.

(6) If the negotiating school boards cannot come to agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the affected districts, shall appoint a mediator. The mediator has thirty days to work with the affected school districts to see if an agreement can be reached on the proposed transfer of territory.

(7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, either district may file with the educational service district superintendent a written request for a hearing by the regional committee.

(8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, the district in which the citizens who filed the petition reside shall file with the educational service district superintendent a written request for a hearing by the regional committee, unless a majority of the citizen petitioners request otherwise.

(9) Upon receipt of a notice under subsection (7) or (8) of this section, the educational service district superintendent shall notify the chair of the regional committee in writing within ten days.

(10) Costs incurred by school districts under this section shall be reimbursed by the state from such funds as are appropriated for this purpose."

Representative Talcott spoke in favor of adoption of amendment (442) to amendment (441).

The amendment to the amendment was adopted.

The question before the House was the adoption of amendment (441) as amended.

Representatives Haigh and Talcott spoke in favor of adoption of the amendment as amended.

The amendment as amended was adopted.

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

Representatives Wallace and Mielke spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5437, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5437, as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Romero, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 93.

Voting nay: Representatives Eickmeyer, Hunter, Nixon, Rockefeller, and Ruderman - 5.

SENATE BILL NO. 5437, as amended by the House, having received the necessary constitutional majority, was declared passed.

SENATE BILL NO. 5512, By Senators Honeyford, Kastama, West, Keiser, Winsley and Rasmussen

Including nonprofits in the small business economic impact statement requirement.

The bill was read the second time.

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

Representative Conway spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5512.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5512 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

SENATE BILL NO. 5512, having received the necessary constitutional majority, was declared passed.

SENATE BILL NO. 5705, By Senators Winsley, Thibaudeau, Carlson, Fraser and Shin; by request of Department of Services for the Blind

Conforming the department of services for the blind provisions with federal law.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Children & Family Services was adopted. (For committee amendment, see Journal, 82^nd Day, April 4, 2003.)

Representative Dickerson moved the adoption of amendment (452):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds and declares the following:

(1) Thousands of citizens in the state have disabilities, including blindness or visual impairment, that prevent them from using conventional print material.

(2) Governmental and nonprofit organizations provide access to reading material by specialized means, including books and magazines prepared in braille, audio, and large-type formats.

(3) Access to time-sensitive or local or regional publications, or both, is not feasible to produce through these traditional means and formats.

(4) Lack of direct and prompt access to information included in newspapers, magazines, newsletters, schedules, announcements, and other time-sensitive materials limits educational opportunities, literacy, and full participation in society by people with print disabilities.

(5) Creation and storage of information by computer results in electronic files used for publishing and distribution.

(6) The use of high-speed computer and telecommunications technology combined with customized software provides a practical and cost-effective means to convert electronic text-based information, including daily newspapers, into synthetic speech suitable for statewide distribution by telephone.

(7) Telephonic distribution of time-sensitive information, including daily newspapers, will enhance the state's current efforts to meet the needs of blind and disabled citizens for access to information which is otherwise available in print, thereby reducing isolation and supporting full integration and equal access for such individuals.

Sec. 2. RCW 74.18.010 and 1983 c 194 s 1 are each amended to read as follows:

The purposes of this chapter are to promote ((the economic)) employment and ((social welfare)) independence of blind persons in the state of Washington((, to relieve blind or visually handicapped persons from the distress of poverty)) through their complete integration into society on the basis of equality, and to encourage public acceptance of the abilities of blind persons((, and to promote public awareness of the causes of blindness)).

Sec. 3. RCW 74.18.020 and 1983 c 194 s 2 are each amended to read as follows:

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

(1) "Department" means an agency of state government called the department of services for the blind.

(2) "Director" means the director of the ((state agency)) department of services for the blind. The director is appointed by the governor with the consent of the senate.

(3) (("Advisory council")) "Rehabilitation council for the blind" means the body of members appointed by the governor in accordance with the provisions of RCW 74.18.070 to advise the state agency.

(4) "Blind person" means a person who: (a) Has no vision or whose vision with corrective lenses is so ((defective as to prevent the performance of ordinary activities for which eyesight is essential, or who)) limited that the individual requires alternative methods or skills to do efficiently those things that are ordinarily done with sight by individuals with normal vision; (b) has an eye condition of a progressive nature which may lead to blindness; or (c) is blind for purposes of the business enterprise program as set forth in RCW 74.18.200 through 74.18.230 in accordance with requirements of the Randolph-Sheppard Act of 1936.

(5) "Telephonic reading service" means audio information provided by telephone, including the acquisition and distribution of daily newspapers and other information of local, state, or national interest.

NEW SECTION. Sec. 4. A new section is added to chapter 74.18 RCW to read as follows:

(1)(a) The director shall provide access to a telephonic reading service for blind and disabled persons.

(b) The director shall establish criteria for eligibility for blind and disabled persons who may receive the telephonic reading services. The criteria may be based upon the eligibility criteria for persons who receive services established by the national library service for the blind and physically handicapped of the library of congress.

(2) The director may enter into contracts or other agreements that he or she determines to be appropriate to provide telephonic reading services pursuant to this section.

(3) The director may expand the type and scope of materials available on the telephonic reading service in order to meet the local, regional, or foreign language needs of blind or visually impaired residents of this state. The director may also expand the scope of services and availability of telephonic reading services by current methods and technologies that may be developed. The director may inform current and potential patrons of the availability of telephonic reading services through appropriate means, including, but not limited to, direct mailings, direct telephonic contact, and public service announcements.

(4) The director may expend moneys from the business enterprises revolving account accrued from vending machine sales in state and local government buildings, as well as donations and grants, for the purpose of supporting the cost of activities described in this section.

Sec. 5. RCW 74.18.050 and 1983 c 194 s 5 are each amended to read as follows:

The director may appoint such personnel as necessary, none of whom shall be members of the ((advisory)) rehabilitation council for the blind. The director and other personnel who are assigned substantial responsibility for formulating agency policy or directing and controlling a major administrative division, together with their confidential secretaries, up to a maximum of six persons, shall be exempt from the provisions of chapter 41.06 RCW.

Sec. 6. RCW 74.18.060 and 1983 c 194 s 6 are each amended to read as follows:

The department shall:

(1) Serve as the sole agency of the state for contracting for and disbursing all federal and state funds appropriated for programs established by and within the jurisdiction of this chapter, and make reports and render accounting as may be required;

(2) Adopt rules, in accordance with chapter 34.05 RCW, necessary to carry out the purposes of this chapter;

(3) Negotiate agreements with other state agencies to provide services ((for individuals who are both blind and otherwise disabled)) so that ((multiply handicapped persons and the elderly blind)) individuals of any age who are blind or are both blind and otherwise disabled receive the most beneficial services.

Sec. 7. RCW 74.18.070 and 2000 c 57 s 1 are each amended to read as follows:

(1) There is hereby created the rehabilitation council for the blind. The rehabilitation council shall consist of the minimum number of voting members to meet the requirements of the rehabilitation council required under the federal rehabilitation act of 1973 as now or hereafter amended. A majority of the voting members shall be blind persons. Rehabilitation council members shall be residents of the state of Washington, and shall ((represent)) be appointed in accordance with the categories of membership specified in the federal rehabilitation act of 1973 as now or hereafter amended. The director of the department ((of services for the blind)) shall be an ex officio, nonvoting member.

(2) The governor shall appoint members of the rehabilitation council for terms of three years, except that the initial appointments shall be as follows: (a) Three members for terms of three years; (b) two members for terms of two years; and (c) other members for terms of one year. Vacancies in the membership of the rehabilitation council shall be filled by the governor for the remainder of the unexpired term.

(3) The governor may remove members of the rehabilitation council for cause.

Sec. 8. RCW 74.18.090 and 2000 c 57 s 3 are each amended to read as follows:

The rehabilitation council for the blind may:

(1) Provide counsel to the director in developing, reviewing, making recommendations, and agreeing on the department's state plan for vocational rehabilitation, budget requests, permanent rules concerning services to blind ((citizens)) persons, and other major policies which impact the quality or quantity of services for ((the)) blind persons;

(2) Undertake annual reviews with the director of the needs of blind ((citizens)) persons, the effectiveness of the services and priorities of the department to meet those needs, and the measures that could be taken to improve the department's services;

(3) Annually make recommendations to the governor and the legislature on issues related to the department ((of services for the blind)), other state agencies, or state laws which have a significant effect on the opportunities, services, or rights of blind ((citizens)) persons;

(4) Advise and make recommendations to the governor on the criteria and qualifications pertinent to the selection of the director;

(5) Perform additional functions as required by the federal rehabilitation act of 1973 as now or hereafter amended.

Sec. 9. RCW 74.18.110 and 1983 c 194 s 11 are each amended to read as follows:

The department ((of services for the blind)) may receive, accept, and disburse gifts, grants, conveyances, devises, and bequests from public or private sources, in trust or otherwise, if the terms and conditions thereof will provide services for ((the)) blind persons in a manner consistent with the purposes of this chapter and with other provisions of law. Any money so received shall be deposited in the state treasury for investment or expenditure in accordance with the conditions of its receipt.

Sec. 10. RCW 74.18.120 and 1989 c 175 s 150 are each amended to read as follows:

(1) ((Any person aggrieved by a decision, action, or inaction of the department or its agents may request, and shall receive from the department, an administrative review and redetermination of that decision, action, or inaction.

(2) After completion of an administrative review,)) An applicant or ((client aggrieved by)) eligible person who is dissatisfied with a decision, action, or inaction ((of)) made by the department or its agents ((may request, and shall be granted,)) regarding that person's eligibility or department services provided to that person is entitled to an administrative hearing. Such administrative hearings shall be conducted pursuant to chapter 34.05 RCW by an administrative law judge.

(((3))) (2) The applicant or eligible individual may appeal final decisions ((of)) issued following administrative hearings ((shall be the subject of appeal)) under RCW 34.05.510 through 34.05.598.

(((4) In the event of an appeal from the final decision of an administrative hearing in which the department has overruled the proposed decision by an administrative law judge, the following terms shall apply for an appeal under RCW 34.05.510 through 34.05.598: (a) Upon request a copy of the transcript and evidence from the administrative hearing shall be made available without charge to the appellant; (b) the appellant shall not be required to post bond or pay any filing fee; and (c) an appellant receiving a favorable decision upon appeal shall be entitled to reasonable attorney's fees and costs.))

(3) The department shall develop rules governing other processes for dispute resolution as required under the federal rehabilitation act of 1973.

NEW SECTION. Sec. 11. A new section is added to chapter 74.18 RCW to read as follows:

(1) The department shall investigate the conviction records, pending charges, and disciplinary board final decisions of individuals acting on behalf of the department who will or may have unsupervised access to persons with significant disabilities as defined by the federal rehabilitation act of 1973. This includes:

(a) Current employees of the department;

(b) Applicants seeking or being considered for any position with the department; and

(2) The investigation shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of investigation. The background check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. If the applicant or service provider has had a background check within the previous two years, the department may waive the requirement.

(3) When necessary, applicants may be employed and service providers may be engaged on a conditional basis pending completion of the background check.

(4) The department shall use the information solely to determine the character, suitability, and competence of employees, applicants, service providers, contractors, student interns, volunteers, and other individuals in accordance with RCW 41.06.475.

(5) The department shall adopt rules addressing procedures for undertaking background checks which shall include, but not be limited to, the following:

(a) The manner in which the individual will be provided access to and review of information obtained based on the background check required;

(b) Assurance that access to background check information shall be limited to only those individuals processing the information at the department;

(c) Action that shall be taken against a current employee, service provider, contractor, student intern, or volunteer who is disqualified from a position because of a background check not previously performed.

(6) The department shall determine who will pay costs associated with the background check.

NEW SECTION. Sec. 12. A new section is added to chapter 74.18 RCW to read as follows:

(1) Personal information and records obtained and retained by the department concerning applicants and eligible individuals are confidential, are not subject to public disclosure, and may be released only in accordance with law or with this provision.

(2) The department shall adopt rules and develop contract language to safeguard the confidentiality of all personal information, including photographs and lists of names. Rules and contract language shall ensure that:

(a) Specific safeguards are established to protect all current and future stored personal information;

(b) Specific safeguards and procedures are established for the release of personal health information in accordance with the health insurance portability and accountability act of 1996, 45 C.F.R. 160 through 45 C.F.R. 164;

(c) All applicants and eligible individuals and, as appropriate, those individuals' representatives, service providers, cooperating agencies, and interested persons are informed upon initial intake of the confidentiality of personal information and the conditions for accessing and releasing this information;

(d) All applicants or their representatives are informed about the department's need to collect personal information and the policies governing its use, including: (i) Identification of the authority under which information is collected; (ii) explanation of the principal purposes for which the department intends to use or release the information; (iii) explanation of whether providing requested information to the department is mandatory or voluntary and the effects of not providing requested information; (iv) identification of those situations in which the department requires or does not require informed written consent of the individual before information may be released; and (v) identification of other agencies to which information is routinely released; and

(e) An explanation of department policies and procedures affecting personal information will be provided at intake or on request to each individual in that individual's native language and in an appropriate format including but not limited to braille, audio recording, electronic media, or large print.

Sec. 13. RCW 74.18.130 and 1983 c 194 s 13 are each amended to read as follows:

The department shall provide a program of vocational rehabilitation to assist blind persons to overcome ((vocational handicaps)) barriers to employment and to develop skills necessary for ((self-support)) employment and ((self-care)) independence. Applicants eligible for vocational rehabilitation services shall be blind persons ((who are blind as defined in RCW 74.18.020 and)) who also (((1) have no vision or limited vision which constitutes or results in a substantial handicap to employment and (2) can reasonably be expected to benefit from vocational rehabilitation services in terms of employability)) meet eligibility requirements as specified in the federal rehabilitation act of 1973.

Sec. 14. RCW 74.18.140 and 1983 c 194 s 14 are each amended to read as follows:

The department ((may provide to eligible individuals)) shall ensure that vocational rehabilitation services((, including medical and vocational diagnosis; vocational counseling, guidance, referral, and placement; rehabilitation training; physical and mental restoration; maintenance and transportation; reader services; interpreter services for the deaf; rehabilitation teaching services; orientation and mobility services; occupational licenses, tools, equipment, and initial stocks and supplies; telecommunications, sensory, and other technological aids and devices; and other goods and services which can be reasonably expected to benefit a client in terms of employability)) in accordance with requirements under the federal rehabilitation act of 1973 are available to meet the identified requirements of each eligible individual in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Sec. 15. RCW 74.18.150 and 1996 c 7 s 1 are each amended to read as follows:

The department may grant to eligible participants in the vocational rehabilitation ((clients)) program equipment and materials ((not to exceed the amount allowed by state financial policies and regulations)) in accordance with the provisions related to transfer of capital assets as set forth by the office of financial management in the state administrative and accounting manual, provided that the equipment or materials are required by the ((client's)) individual's ((written rehabilitation program)) plan for employment and are used ((by the client or former client)) in a manner consistent therewith. The department shall adopt rules to implement this section.

Sec. 16. RCW 74.18.170 and 1983 c 194 s 16 are each amended to read as follows:

The department may establish, construct, and/or operate rehabilitation or habilitation facilities to provide instruction in alternative skills necessary to adjust to blindness or substantial vision loss, to assist blind persons to develop increased confidence and independence, or to provide other services consistent with the purposes of this chapter. The department shall adopt rules concerning selection criteria for participation, services, and other matters necessary for efficient and effective operation of such facilities.

Sec. 17. RCW 74.18.180 and 1983 c 194 s 18 are each amended to read as follows:

(1) The department((, to the extent appropriations are made available,)) may provide a program of independent living services for ((independent living designed to meet the current and future needs of)) blind ((individuals)) persons who ((presently cannot function independently in their living environment, but who may benefit from services that will enable them to maintain contact with society and perform some tasks of daily living independently)) are not seeking vocational rehabilitation services.

(2) Independent living services may include, but are not limited to, instruction in adaptive skills of blindness, counseling regarding adjustment to vision loss, and provision of adaptive devices that enable service recipients to participate in the community and maintain or increase their independence.

Sec. 18. RCW 74.18.200 and 1985 c 97 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply in RCW 74.18.200 through 74.18.230.

(1) "Business enterprises program" means a program operated by the department under the federal Randolph-Sheppard Act, 20 U.S.C. Sec. 107 et seq., and under this chapter in support of blind persons operating vending businesses in public buildings.

(2) "Vending facility" means any stand, snack bar, cafeteria, or business at which food, tobacco, sundries, or other retail merchandise or service is sold or provided.

(3) "Vending machine" means any coin-operated machine that sells or provides food, tobacco, sundries, or other retail merchandise or service.

(4) "Blind person" means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. In determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual selects.

(5) "Licensee" means a blind person licensed by the state of Washington under the Randolph-Sheppard Act, this chapter, and the rules issued hereunder.

(((5))) (6) "Public building" means any building and immediately adjacent outdoor space associated therewith, such as a patio or entryway, which is: (a) Owned by the state of Washington or any political subdivision thereof or any space leased by the state of Washington or any political subdivision thereof in any privately-owned building; and (b) dedicated to the administrative functions of the state or any political subdivision((: PROVIDED, That any vending facility or vending machine)). However, this term shall not include property under the jurisdiction and control of a local board of education ((shall not be included)) without the consent ((and approval)) of ((that local)) such board.

(7) "Priority" means the department has first and primary right to operate the food service and vending facilities, including vending machines, on federal, state, county, municipal, and other local government property except those otherwise exempted by statute. Such right may, at the sole discretion of the department, be waived in the event that the department is temporarily unable to assert the priority.

Sec. 19. RCW 74.18.210 and 1983 c 194 s 21 are each amended to read as follows:

The department shall maintain or cause to be maintained a business enterprises program for blind persons to operate vending facilities in public buildings. The purposes of the business enterprises program are to implement the Randolph-Sheppard Act and thereby give priority to qualified blind persons in operating vending facilities on federal property, to make similar provisions for vending facilities in public buildings in the state of Washington and thereby increase employment opportunities for blind persons, and to encourage ((the)) blind persons to become successful, independent business persons.

Sec. 20. RCW 74.18.230 and 2002 c 71 s 2 are each amended to read as follows:

(1) There is established in the state treasury an account known as the business enterprises revolving account.

(2) The net proceeds from any vending machine operation in a public building, other than an operation managed by a licensee, shall be made payable to the business enterprises program, which will pay only the blind vendors' portion, at the subscriber's rate, for the purpose of funding a plan of health insurance for blind vendors, as provided in RCW 41.05.225. Net proceeds, for purposes of this section, means ((the)) gross ((amount received)) sales less ((the costs of the operation, including)) state sales tax and a fair minimum return to the vending machine owner or service provider, which return shall ((not exceed)) be a reasonable amount to be determined by the department.

(3) All federal moneys in the business enterprises revolving account shall be expended only for development and expansion of locations, equipment, management services, and payments to licensees in the business enterprises program.

(4) The business enterprises program shall be supported by the business enterprises revolving account and by income which may accrue to the department pursuant to the federal Randolph-Sheppard Act.

NEW SECTION. Sec. 21. The following acts or parts of acts are each repealed:

(1) RCW 74.18.160 (Vocational rehabilitation--Orientation and training center) and 1983 c 194 s 17; and

(2) RCW 74.18.250 (Specialized medical eye care--Prevention of blindness) and 1983 c 194 s 24."

Correct the title.

Representatives Dickerson spoke in favor of the adoption of the amendment.

The amendment was adopted.

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

Representative Kagi spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5705, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5705, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

SENATE BILL NO. 5705, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5659, By Senate Committee on Government Operations & Elections (originally sponsored by Senators Winsley, Kastama, Oke, Franklin, Swecker, Rasmussen, Regala and Kohl-Welles)

Authorizing additional funding for local governments.

The bill was read the second time.

With the consent of the House, amendments (428) and (429) were withdrawn.

Representative McMahan moved the adoption of amendment (439):

On page 2, line 12, after "distributed" strike "on a per capita basis to cities in the county" and insert "to cities in the county in proportion to the amount of the tax collected in each city"

Representative McMahan spoke in favor of the adoption of the amendment.

Representative Gombosky spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment (434) was withdrawn.

Representative Shabro moved the adoption of amendment (465):

On page 6, line 10, after "to" strike "six" and insert "four"

Representative Shabro spoke in favor of the adoption of the amendment.

Representative Gombosky spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Clements moved the adoption of amendment (460):

On page 8, line 5, after "(3)" insert "(a)"

On page 8, after line 11, insert the following:

"(b) Any county that is a distressed area under RCW 43.168.020, and which has more than five percent of its employment base in the agriculture, forestry, fishing and hunting, and mining industries, as determined by the office of financial management using the most recent available census data, may adopt a resolution removing the county, and the cities located within the county, from the requirement to plan under this section if the resolution is adopted and filed with the department."

Representatives Clements and Armstrong spoke in favor of the adoption of the amendment.

Representative Romero spoke against the adoption of the amendment.

Division was demanded. The Speaker (Representative Lovick presiding) divided the House. The result of the division was 46 YEAS; 52 NAYS. The amendment was not adopted.

Representative Schoesler moved the adoption of amendment (462):

On page 8, line 5, after "(3)" insert "(a)"

On page 8, after line 11, insert the following:

"(b) Any county with boundaries that include any portion of state route number 12 and a population of less than three thousand may adopt a resolution removing the county, and the cities located within the county, from the requirement to plan under this section if the resolution is adopted and filed with the department. Removal shall occur on the date the resolution is filed with the department."

Representative Schoesler spoke in favor of the adoption of the amendment.

Representative Romero spoke against the adoption of the amendment.

Division was demanded. The Speaker (Representative Lovick presiding) divided the House. The result of the division was 47 YEAS; 51 NAYS. The amendment was not adopted.

Representative DeBolt moved the adoption of amendment (461):

On page 8, line 5, after "(3)" insert "(a)"

On page 8, after line 11, insert the following:

"(b) Any county with boundaries that include any portion of Interstate 5 and a population of less than seventy-five thousand may adopt a resolution removing the county, and the cities located within the county, from the requirement to plan under this section if the resolution is adopted and filed with the department. Removal shall occur on the date the resolution is filed with the department."

Representatives DeBolt and Alexander spoke in favor of the adoption of the amendment.

Representative Romero spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Schindler moved the adoption of amendment (463):

On page 8, line 10, after "department." insert "The counties of Columbia, Pacific, Jefferson, San Juan, Clallam, Franklin and Walla Walla may adopt a resolution removing the county, and the cities located within the county, from the requirement to plan under this section if the resolution is adopted and filed with the department."

Representatives Schindler, DeBolt and Orcutt spoke in favor of the adoption of the amendment.

Representative Romero spoke against the adoption of the amendment.

Division was demanded. The Speaker (Representative Lovick presiding) divided the House. The result of the division was 47 YEAS; 51 NAYS. The amendment was not adopted.

Representative Ericksen moved the adoption of amendment (424):

On page 10, after line 19, insert the following:

"Sec. 6. RCW 36.70A.280 and 1996 c 325 s 2 are each amended to read as follows:

(1) A growth management hearings board shall hear and determine only those petitions alleging either:

(a) That a state agency, county, or city planning under this chapter is not in compliance with the procedural requirements of this chapter as they relate to the adoption of comprehensive plans and development regulations, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to the adoption of plans, development regulations, or amendments((, adopted)) under RCW 36.70A.040 or chapter 90.58 RCW; or

(b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.

(2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.

(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.

(4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.

The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.

If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

Sec. 7. RCW 36.70A.290 and 1997 c 429 s 12 are each amended to read as follows:

(1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board. The board shall render written decisions articulating the basis for its holdings. The board shall not issue advisory opinions on issues not presented to the board in the statement of issues, as modified by any prehearing order.

(2) All petitions relating to whether ((or not an adopted)) the adoption of a comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city.

(a) Except as provided in (c) of this subsection, the date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published.

(b) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

Except as provided in (c) of this subsection, for purposes of this section the date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

(c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government's shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.

(3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, or the parties have filed an agreement to have the case heard in superior court as provided in RCW 36.70A.295, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.

(4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.

(5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan adoption or the same development regulation or regulations adoption.

Sec. 8. RCW 36.70A.302 and 1997 c 429 s 16 are each amended to read as follows:

(1) A board may determine that part or all of a comprehensive plan or development regulations are invalid if the board:

(a) Makes a finding of noncompliance and issues an order of remand under RCW 36.70A.300;

(b) Includes in the final order a determination, supported by findings of fact and conclusions of law, that the ((continued validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of)) adoption of the plan or regulation was not in compliance with this chapter; and

(c) Specifies in the final order the particular ((part or parts of the plan or regulation)) adoption actions that are determined to be invalid, and the reasons for their invalidity.

(2) A determination of invalidity is prospective in effect and does not extinguish rights that vested under state or local law before receipt of the board's order by the city or county. The determination of invalidity does not apply to a completed development permit application for a project that vested under state or local law before receipt of the board's order by the county or city or to related construction permits for that project.

(3)(a) Except as otherwise provided in subsection (2) of this section and (b) of this subsection, a development permit application not vested under state or local law before receipt of the board's order by the county or city vests to the local ordinance or resolution that is determined by the board not to substantially interfere with the fulfillment of the goals of this chapter.

(b) Even though the application is not vested under state or local law before receipt by the county or city of the board's order, a determination of invalidity does not apply to a development permit application for:

(i) A permit for construction by any owner, lessee, or contract purchaser of a single-family residence for his or her own use or for the use of his or her family on a lot existing before receipt by the county or city of the board's order, except as otherwise specifically provided in the board's order to protect the public health and safety;

(ii) A building permit and related construction permits for remodeling, tenant improvements, or expansion of an existing structure on a lot existing before receipt of the board's order by the county or city; and

(iii) A boundary line adjustment or a division of land that does not increase the number of buildable lots existing before receipt of the board's order by the county or city.

(4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (1) of this section whether the prior policies or regulations are valid during the period of remand.

(5) A county or city subject to a determination of invalidity may adopt interim controls and other measures to be in effect until it adopts a comprehensive plan and development regulations that ((comply)) are adopted in compliance with the requirements of this chapter. A development permit application may vest under an interim control or measure ((upon determination by the board that the interim controls and other measures do not substantially interfere with the fulfillment of the goals of this chapter)).

(6) A county or city subject to a determination of invalidity may file a motion requesting that the board clarify, modify, or rescind the order. The board shall expeditiously schedule a hearing on the motion. At the hearing on the motion, the parties may present information to the board to clarify the ((part or parts of the)) comprehensive plan or development regulations adoption actions to which the final order applies. The board shall issue any supplemental order based on the information provided at the hearing not later than thirty days after the date of the hearing.

(7)(((a))) If a determination of invalidity has been made and the county or city has enacted an ordinance or resolution ((amending)) adopting the invalidated ((part or parts of the)) plan or regulation or establishing interim controls on development affected by the order of invalidity, after a compliance hearing, the board shall modify or rescind the determination of invalidity if it determines under the standard in subsection (1) of this section that the plan ((or)), regulation, ((as amended or made subject to such)) or interim controls((, will no longer substantially interfere with the fulfillment of the goals of)) adoption complies with the requirements of this chapter.

(((b) If the board determines that part or parts of the plan or regulation are no longer invalid as provided in this subsection, but does not find that the plan or regulation is in compliance with all of the requirements of this chapter, the board, in its order, may require periodic reports to the board on the progress the jurisdiction is making towards compliance.))

Sec. 9. RCW 36.70A.320 and 1997 c 429 s 20 are each amended to read as follows:

(1) Except as provided in subsection (5) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption.

(2) Except as otherwise provided in subsection (4) of this section, the burden is on the petitioner to demonstrate that any action taken by a state agency, county, or city under this chapter is not in compliance with the requirements of this chapter.

(3) In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it determines that the action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light of the goals and requirements of this chapter.

(4) A county or city subject to a determination of invalidity made under RCW 36.70A.300 or 36.70A.302 has the burden of demonstrating that the ordinance or resolution it has enacted in response to the determination of invalidity ((will no longer substantially interfere with the fulfillment of the goals of)) was adopted in compliance with this chapter under the standard in RCW 36.70A.302(1).

(5) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.

Sec. 10. RCW 90.58.190 and 1995 c 347 s 311 are each amended to read as follows:

(1) The appeal of the department's decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(4) is governed by RCW 34.05.510 through 34.05.598.

(2)(((a) The department's decision to approve, reject, or modify a proposed master program or amendment adopted by a local government planning under RCW 36.70A.040 shall be appealed to the growth management hearings board with jurisdiction over the local government. The appeal shall be initiated by filing a petition as provided in RCW 36.70A.250 through 36.70A.320.

(b) If the appeal to the growth management hearings board concerns shorelines, the growth management hearings board shall review the proposed master program or amendment for compliance with the requirements of this chapter and chapter 36.70A RCW, the policy of RCW 90.58.020 and the applicable guidelines, and chapter 43.21C RCW as it relates to the adoption of master programs and amendments under chapter 90.58 RCW.

(c) If the appeal to the growth management hearings board concerns a shoreline of statewide significance, the board shall uphold the decision by the department unless the board, by clear and convincing evidence, determines that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.

(d) The appellant has the burden of proof in all appeals to the growth management hearings board under this subsection.

(e) Any party aggrieved by a final decision of a growth management hearings board under this subsection may appeal the decision to superior court as provided in RCW 36.70A.300.

(3)))(a) The department's decision to approve, reject, or modify a proposed master program or master program amendment by a local government ((not planning under RCW 36.70A.040)) shall be appealed to the shorelines hearings board by filing a petition within thirty days of the date of the department's written notice to the local government of the department's decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2).

(b) In an appeal relating to shorelines, the shorelines hearings board shall review the proposed master program or master program amendment and, after full consideration of the presentations of the local government and the department, shall determine the validity of the local government's master program or amendment in light of the policy of RCW 90.58.020 and the applicable guidelines.

(c) In an appeal relating to shorelines of statewide significance, the shorelines hearings board shall uphold the decision by the department unless the board determines, by clear and convincing evidence that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.

(d) Review by the shorelines hearings board shall be considered an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act. The aggrieved local government shall have the burden of proof in all such reviews.

(e) Whenever possible, the review by the shorelines hearings board shall be heard within the county where the land subject to the proposed master program or master program amendment is primarily located. The department and any local government aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in chapter 34.05 RCW.

(((4))) (3) A master program amendment shall become effective after the approval of the department or after the decision of the shorelines hearings board to uphold the master program or master program amendment, provided that the board may remand the master program or master program adjustment to the local government or the department for modification prior to the final adoption of the master program or master program amendment."

Correct the title.

Representative Ericksen spoke in favor of the adoption of the amendment.

Representative Romero spoke against the adoption of the amendment.

Division was demanded. The Speaker (Representative Lovick presiding) divided the House. The result of the division was 48 YEAS; 50 NAYS. The amendment was not adopted.

With the consent of the House, amendment (470) was withdrawn.

Representative Campbell moved the adoption of amendment (450):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that local governments in the state of Washington face enormous challenges in the area of criminal justice and public health. It is the legislature's intent to allow local governments to raise revenues in order to better protect the health and safety of Washington state and its residents. It is further the intent of the legislature to provide local governments relief from regulatory burdens that do not harm the public health and safety of the citizens of the state as a means of minimizing the need to generate new revenues authorized under this act.

NEW SECTION. Sec. 2. A new section is added to chapter 82.14 RCW to read as follows:

(1) A county legislative authority may submit an authorizing proposition to the county voters and, if the proposition is approved by a majority of persons voting, impose a sales and use tax in accordance with the terms of this chapter. The title of each ballot measure must include the purposes for which the proposed sales and use tax will be used. The rate of tax under this section shall not exceed three-tenths of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax.

(2) The tax authorized in this section is in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county.

(3) The retail sale of new motor vehicles, and the lease of new motor vehicles for up to the first thirty-six months of the lease, are exempt from tax imposed under this section.

(4) One-third of all money received under this section shall be used solely for criminal justice purposes. For the purposes of this subsection, "criminal justice purposes" means additional police protection, mitigation of congested court systems, or relief of overcrowded jails or other local correctional facilities.

(5) Money received under this section shall be shared between the county and the cities as follows: Sixty percent shall be retained by the county and forty percent shall be distributed on a per capita basis to cities in the county.

Sec. 3. RCW 36.70A.130 and 2002 c 320 s 1 are each amended to read as follows:

(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. A county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. A county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore. The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section. The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.

(b) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.

(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section. Amendments may be considered more frequently than once per year under the following circumstances:

(i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;

(ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and

(iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget.

(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.

(3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.

(4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. The schedule established by the department shall provide for the reviews and evaluations to be completed as follows:

(a) On or before December 1, 2004, and every seven years thereafter, for ((Clallam,)) Clark, ((Jefferson,)) King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;

(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, Clallam, Jefferson, and Skamania counties and the cities within those counties;

(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and

(d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.

(5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.

(b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.

(6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.

(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43.17.250.

Sec. 4. RCW 84.55.050 and 1989 c 287 s 1 are each amended to read as follows:

(1) Subject to any otherwise applicable statutory dollar rate limitations, regular property taxes may be levied by or for a taxing district in an amount exceeding the limitations provided for in this chapter if such levy is authorized by a proposition approved by a majority of the voters of the taxing district voting on the proposition at a general election held within the district or at a special election within the taxing district called by the district for the purpose of submitting such proposition to the voters. Any election held pursuant to this section shall be held not more than twelve months prior to the date on which the proposed levy is to be made, except as provided in subsection (3)(b) of this section. The ballot of the proposition shall state the dollar rate proposed and shall clearly state any conditions which are applicable under subsection (3) of this section.

(2) After a levy authorized pursuant to this section is made, the dollar amount of such levy shall be used for the purpose of computing the limitations for subsequent levies provided for in this chapter, except as provided in subsections (3) and (4) of this section.

(3) A proposition placed before the voters under this section may:

(a) Limit the period for which the increased levy is to be made;

(b) Authorize annual increases in levies for multiple consecutive years, up to six consecutive years, during which period each year's authorized maximum legal levy shall be used as the base upon which an increased levy limit for the succeeding year is computed, but the ballot proposition must state the dollar rate proposed only for the first year of the consecutive years and must state the limit factor, or a specified index to be used for determining a limit factor, such as the consumer price index, which need not be the same for all years, by which the regular tax levy for the district may be increased in each of the subsequent consecutive years;

(c) Limit the purpose for which the increased levy is to be made, but if the limited purpose includes making redemption payments on bonds, the period for which the increased levies are made shall not exceed nine years;

(((c))) (d) Set the levy at a rate less than the maximum rate allowed for the district;

(e) Provide that the maximum allowable dollar amount of the final annual levy of the period specified in the measure shall be used to compute the limitations provided for in this chapter on levy increases occurring after the expiration of the period; or

(((d))) (f) Include any combination of the conditions in this subsection.

(4) Except as otherwise provided in an approved ballot measure under this section, after the expiration of a limited period or the satisfaction of a limited purpose, whichever comes first, subsequent levies shall be computed as if:

(a) The limited proposition under subsection (3) of this section had not been approved; and

(b) The taxing district had made levies at the maximum rates which would otherwise have been allowed under this chapter during the years levies were made under the limited proposition.

Sec. 5. RCW 36.70A.040 and 2000 c 36 s 1 are each amended to read as follows:

(1)(a) Each county that has both a population of fifty thousand or more and, until May 16, 1995, has had its population increase by more than ten percent in the previous ten years or, on or after May 16, 1995, has had its population increase by more than seventeen percent in the previous ten years, and the cities located within such county, and any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years, and the cities located within such county, shall conform with all of the requirements of this chapter. However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements of adopting comprehensive land use plans and development regulations under this chapter if this resolution is adopted and filed with the department by December 31, 1990, for counties initially meeting this set of criteria, or within sixty days of the date the office of financial management certifies that a county meets this set of criteria under subsection (((5))) (6) of this section. For the purposes of this subsection, a county not currently planning under this chapter is not required to include in its population count those persons confined in a correctional facility under the jurisdiction of the department of corrections that is located in the county.

(b) Once a county meets either of these sets of criteria and the county has not removed itself from the requirement to plan under this section pursuant to subsection (3) of this section, the requirement to conform with all of the requirements of this chapter remains in effect, even if the county no longer meets one of these sets of criteria.

(2) The county legislative authority of any county that does not meet either of the sets of criteria established under subsection (1) of this section may adopt a resolution indicating its intention to have subsection (1) of this section apply to the county. Each city, located in a county that chooses to plan under this subsection, shall conform with all of the requirements of this chapter. Once such a resolution has been adopted, the county and the cities located within the county remain subject to all of the requirements of this chapter unless the county removes itself from the requirement to plan under this section pursuant to subsection (3) of this section.

(3) A county that meets the requirements of this subsection, and a city located within the county, may be relieved from the requirement to plan under this section.

(a) A county may be relieved from the planning requirement of this section only if the county: (i) Has a population of less than ten thousand; (ii) has a privately owned taxable land base of less than twenty percent; and (iii) includes no more than one incorporated city.

(b) To be relieved from the planning requirement of this section, a county shall adopt a resolution that removes the county and the city from the requirement to plan and shall file the resolution with the department. Removal shall be deemed to occur on the date the resolution is filed with the department.

(4) Any county or city that is initially required to conform with all of the requirements of this chapter under subsection (1) of this section and has not removed itself under subsection (3) of this section shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall designate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated agricultural lands, forest lands, and mineral resource lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; (d) if the county has a population of fifty thousand or more, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan on or before July 1, 1994, and if the county has a population of less than fifty thousand, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan by January 1, 1995, but if the governor makes written findings that a county with a population of less than fifty thousand or a city located within such a county is not making reasonable progress toward adopting a comprehensive plan and development regulations the governor may reduce this deadline for such actions to be taken by no more than one hundred eighty days. Any county or city subject to this subsection may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

(((4))) (5) Any county or city that is required to conform with all the requirements of this chapter, as a result of the county legislative authority adopting its resolution of intention under subsection (2) of this section and the county has not removed itself pursuant to subsection (3) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county- wide planning policy under RCW 36.70A.210; (b) the county and each city that is located within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource lands it designated under RCW 36.70A.060 within one year of the date the county legislative authority adopts its resolution of intention; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city that is located within the county shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan not later than four years from the date the county legislative authority adopts its resolution of intention, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

(((5))) (6) If the office of financial management certifies that the population of a county that previously had not been required to plan under subsection (1) or (2) of this section has changed sufficiently to meet either of the sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each city within such county shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall adopt development regulations under RCW 36.70A.060 conserving agricultural lands, forest lands, and mineral resource lands it designated within one year of the certification by the office of financial management; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city located within the county shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan within four years of the certification by the office of financial management, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

(((6))) (7) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption.

(((7))) (8) Cities and counties planning under this chapter must amend the transportation element of the comprehensive plan to be in compliance with this chapter and chapter 47.80 RCW no later than December 31, 2000.

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 July 1, 2003."

Correct the title.

Representative Orcutt moved the adoption of amendment (457) to amendment (450):

On page 2, line 8, after "distributed" strike "on a per capita basis to cities in the county" and insert "to cities in the county in proportion to the amount of the tax collected in each city"

Representatives Orcutt, DeBolt and Orcutt (again) spoke in favor of the adoption of the amendment to the amendment.

Representative Gombosky spoke against the adoption of the amendment to the amendment.

Division was demanded. The Speaker (Representative Lovick presiding) divided the House. The result of the division was 46 YEAS; 52 NAYS. The amendment to the amendment was not adopted.

Representative McMahan moved to adoption of amendment (469) to amendment (450):

On page 2, line 8, after "distributed" strike "on a per capita basis to cities in the county" and insert "to cities in the county in proportion to the amount of the tax collected in each city"

Representatives McMahan and Lantz spoke in favor of the adoption of the amendment to the amendment.

Representative Gombosky spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

Representative Miloscia moved the adoption of amendment (455) to amendment (450):

On page 2 of the amendment, after line 9, insert the following:

"(6) Any city or county that receives voter approval for authorization of new or increased taxes under this act must have a performance audit conducted by the state auditor every five years, must implement a quality management program within five years of voter approval, and must conduct a yearly quality management self assessment after the initial implementation of a quality management program."

Representatives Miloscia and Armstrong spoke in favor of the adoption of the amendment to the amendment.

Representative Gombosky spoke against the adoption of the amendment to the amendment.

Division was demanded. The Speaker (Representative Lovick presiding) divided the House. The result of the division was 56 YEAS; 42 NAYS. The amendment to the amendment was adopted.

Representative Orcutt moved the adoption of amendment (458) to amendment (450):

On page 5, line 23, strike all of section 4

Renumber remaining sections consecutively and correct internal references accordingly.

Representative Orcutt spoke in favor of the adoption of the amendment to the amendment.

Representative Gombosky spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

Representative Orcutt moved the adoption of amendment (471) to amendment (450):

On page 6 of the amendment, line 10, strike "six" and insert "four"

On page 6 of the amendment, line 12, after "computed" strike all material through "first year" on line 14 and insert ". The ballot proposition must state the dollar rate proposed for each"

Representatives Orcutt, McMahan and Bush spoke in favor of the adoption of the amendment to the amendment.

Representative Gombosky spoke against the adoption of the amendment to the amendment.

Division was demanded. The Speaker (Representative Lovick presiding) divided the House. The result of the division was 43 YEAS; 55 NAYS. The amendment to the amendment was not adopted.

Representative Shabro moved the adoption of amendment (464) to amendment (450):

On page 6, line 10, strike "six" and insert "four"

Representative Shabro spoke in favor of the adoption of the amendment to the amendment.

Representative Gombosky spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

The question before the House was the adoption of amendment (450) as amended.

Representatives Campbell, Gombosky and Bush spoke in favor of the adoption of the amendment as amended.

The amendment as amended was adopted.

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

Representative Gombosky spoke in favor of passage of the bill.

Representative Orcutt spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5659, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5659, as amended by the House, and the bill passed the House by the following vote: Yeas - 56, Nays - 42, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Bailey, Berkey, Bush, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Morrell, Murray, O'Brien, Pettigrew, Priest, Rockefeller, Ruderman, Santos, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Veloria, Wood and Mr. Speaker - 56.

Voting nay: Representatives Ahern, Anderson, Armstrong, Benson, Blake, Boldt, Buck, Cairnes, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Haigh, Hinkle, Holmquist, Kristiansen, Lantz, Mastin, McMahan, Mielke, Moeller, Morris, Newhouse, Nixon, Orcutt, Pearson, Pflug, Quall, Roach, Romero, Schindler, Schoesler, Schual-Berke, Shabro, Skinner, Upthegrove, Wallace and Woods - 42.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5659, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5713, By Senate Committee on Commerce & Trade (originally sponsored by Senators Honeyford, Prentice, Hewitt, Rasmussen, Mulliken, Sheahan and Oke)

Concerning electrical work.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Commerce & Labor was not adopted. (For committee amendment, see Journal, 82^nd Day, April 4, 2003.)

Amendment (423) was ruled out of order.

Representative Conway moved the adoption of amendment (456):

Strike everything after the enacting clause and insert the following:

"PART 1 - DEFINITIONS

Sec. 101. RCW 19.28.006 and 2002 c 249 s 1 are each amended to read as follows:

The definitions in this section apply throughout this subchapter.

(1) "Administrator" means a person designated by an electrical contractor to supervise electrical work and electricians in accordance with the rules adopted under this chapter.

(2) "Basic electrical work" means the work classified in (a) and (b) of this subsection as class A and class B basic electrical work:

(a) "Class A basic electrical work" means the like-in-kind replacement of a: Contactor, relay, timer, starter, circuit board, or similar control component; household appliance; circuit breaker; fuse; residential luminaire; lamp; snap switch; dimmer; receptacle outlet; thermostat; heating element; luminaire ballast with an exact same ballast; ten horsepower or smaller motor; or wiring, appliances, devices, or equipment as specified by rule.

(b) "Class B basic electrical work" means work other than class A basic electrical work that requires minimal electrical circuit modifications and has limited exposure hazards. Class B basic electrical work includes the following:

(i) Extension of not more than one branch electrical circuit limited to one hundred twenty volts and twenty amps each where:

(A) No cover inspection is necessary; and

(B) The extension does not supply more than two outlets;

(ii) Like-in-kind replacement of a single luminaire not exceeding two hundred seventy-seven volts and twenty amps;

(iii) Like-in-kind replacement of a motor larger than ten horsepower;

(iv) The following low voltage systems:

(A) Repair and replacement of devices not exceeding one hundred volt-amperes in Class 2, Class 3, or power limited low voltage systems in one and two-family dwellings;

(B) Repair and replacement of the following devices not exceeding one hundred volt-amperes in Class 2, Class 3, or power limited low voltage systems in other buildings, provided the equipment is not for fire alarm or nurse call systems and is not located in an area classified as hazardous by the national electrical code; or

(v) Wiring, appliances, devices, or equipment as specified by rule.

(3) "Board" means the electrical board under RCW 19.28.311.

(((3))) (4) "Chapter" or "subchapter" means the subchapter, if no chapter number is referenced.

(((4))) (5) "Department" means the department of labor and industries.

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

(((6))) (7) "Electrical construction trade" includes but is not limited to installing or maintaining electrical wires and equipment that are used for light, heat, or power and installing and maintaining remote control, signaling, power limited, or communication circuits or systems.

(((7))) (8) "Electrical contractor" means a person, firm, partnership, corporation, or other entity that offers to undertake, undertakes, submits a bid for, or does the work of installing or maintaining wires or equipment that convey electrical current.

(((8))) (9) "Equipment" means any equipment or apparatus that directly uses, conducts, insulates, or is operated by electricity but does not mean: Plug-in appliances; or plug-in equipment as determined by the department by rule.

(((9))) (10) "Industrial control panel" means a factory-wired or user-wired assembly of industrial control equipment such as motor controllers, switches, relays, power supplies, computers, cathode ray tubes, transducers, and auxiliary devices. The panel may include disconnect means and motor branch circuit protective devices.

(((10))) (11) "Journeyman electrician" means a person who has been issued a journeyman electrician certificate of competency by the department.

(((11))) (12) "Like-in-kind" means having similar characteristics such as voltage requirements, current draw, and function, and being in the same location.

(13) "Master electrician" means either a master journeyman electrician or master specialty electrician.

(((12))) (14) "Master journeyman electrician" means a person who has been issued a master journeyman electrician certificate of competency by the department and who may be designated by an electrical contractor to supervise electrical work and electricians in accordance with rules adopted under this chapter.

(((13))) (15) "Master specialty electrician" means a person who has been issued a specialty electrician certificate of competency by the department and who may be designated by an electrical contractor to supervise electrical work and electricians in accordance with rules adopted under this chapter.

(((14))) (16) "Specialty electrician" means a person who has been issued a specialty electrician certificate of competency by the department.

Sec. 102. RCW 18.106.010 and 2002 c 82 s 1 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meaning:

(1) "Advisory board" means the state advisory board of plumbers;

(2) "Contractor" means any person, corporate or otherwise, who engages in, or offers or advertises to engage in, any work covered by the provisions of this chapter by way of trade or business, or any person, corporate or otherwise, who employs anyone, or offers or advertises to employ anyone, to engage in any work covered by the provisions of this chapter;

(3) "Department" means the department of labor and industries;

(4) "Director" means the director of department of labor and industries;

(5) "Journeyman plumber" means any person who has been issued a certificate of competency by the department of labor and industries as provided in this chapter;

(6) "Like-in-kind" means having similar characteristics such as plumbing size, type, and function, and being in the same location;

(7) "Medical gas piping" means oxygen, nitrous oxide, high pressure nitrogen, medical compressed air, and medical vacuum systems;

(((7))) (8) "Medical gas piping installer" means a journeyman plumber who has been issued a medical gas piping installer endorsement;

(((8))) (9) "Plumbing" means that craft involved in installing, altering, repairing and renovating potable water systems, liquid waste systems, and medical gas piping systems within a building. Installation in a water system of water softening or water treatment equipment is not within the meaning of plumbing as used in this chapter;

(((9))) (10) "Specialty plumber" means anyone who has been issued a specialty certificate of competency limited to:

(a) Installation, maintenance, and repair of the plumbing of single-family dwellings, duplexes, and apartment buildings that do not exceed three stories; or

(b) Maintenance and repair of backflow prevention assemblies.

PART 2 - BASIC ELECTRICAL WORK

Sec. 201. RCW 19.28.101 and 1996 c 241 s 4 are each amended to read as follows:

(1) The director shall cause an inspector to inspect all wiring, appliances, devices, and equipment to which this chapter applies except for basic electrical work as defined in this chapter. The department may not require an electrical work permit for class A basic electrical work unless deficiencies in the installation or repair require inspection. The department may inspect class B basic electrical work on a random basis as specified by the department in rule. Nothing contained in this chapter may be construed as providing any authority for any subdivision of government to adopt by ordinance any provisions contained or provided for in this chapter except those pertaining to cities and towns pursuant to RCW 19.28.010(3).

(2) Upon request, electrical inspections will be made by the department within forty-eight hours, excluding holidays, Saturdays, and Sundays. If, upon written request, the electrical inspector fails to make an electrical inspection within twenty-four hours, the serving utility may immediately connect electrical power to the installation if the necessary electrical work permit is displayed: PROVIDED, That if the request is for an electrical inspection that relates to a mobile home installation, the applicant shall provide proof of a current building permit issued by the local government agency authorized to issue such permits as a prerequisite for inspection approval or connection of electrical power to the mobile home.

(3) Whenever the installation of any wiring, device, appliance, or equipment is not in accordance with this chapter, or is in such a condition as to be dangerous to life or property, the person, firm, partnership, corporation, or other entity owning, using, or operating it shall be notified by the department and shall within fifteen days, or such further reasonable time as may upon request be granted, make such repairs and changes as are required to remove the danger to life or property and to make it conform to this chapter. The director, through the inspector, is hereby empowered to disconnect or order the discontinuance of electrical service to conductors or equipment that are found to be in a dangerous or unsafe condition and not in accordance with this chapter. Upon making a disconnection the inspector shall attach a notice stating that the conductors have been found dangerous to life or property and are not in accordance with this chapter. It is unlawful for any person to reconnect such defective conductors or equipment without the approval of the department, and until the conductors and equipment have been placed in a safe and secure condition, and in a condition that complies with this chapter.

(4) The director, through the electrical inspector, has the right during reasonable hours to enter into and upon any building or premises in the discharge of his or her official duties for the purpose of making any inspection or test of the installation of new construction or altered electrical wiring, electrical devices, equipment, or material contained in or on the buildings or premises. No electrical wiring or equipment subject to this chapter may be concealed until it has been approved by the inspector making the inspection. At the time of the inspection, electrical wiring or equipment subject to this chapter must be sufficiently accessible to permit the inspector to employ any testing methods that will verify conformance with the national electrical code and any other requirements of this chapter.

(5) Persons, firms, partnerships, corporations, or other entities making electrical installations shall obtain inspection and approval from an authorized representative of the department as required by this chapter before requesting the electric utility to connect to the installations. Electric utilities may connect to the installations if approval is clearly indicated by certification of the electrical work permit required to be affixed to each installation or by equivalent means, except that increased or relocated services may be reconnected immediately at the discretion of the utility before approval if an electrical work permit is displayed. The permits shall be furnished upon payment of the fee to the department.

(6) The director, subject to the recommendations and approval of the board, shall set by rule a schedule of license and electrical work permit fees that will cover the costs of administration and enforcement of this chapter. The rules shall be adopted in accordance with the administrative procedure act, chapter 34.05 RCW. No fee may be charged for plug-in mobile homes, recreational vehicles, or portable appliances.

(7) Nothing in this chapter shall authorize the inspection of any wiring, appliance, device, or equipment, or installations thereof, by any utility or by any person, firm, partnership, corporation, or other entity employed by a utility in connection with the installation, repair, or maintenance of lines, wires, apparatus, or equipment owned by or under the control of the utility. All work covered by the national electric code not exempted by the 1981 edition of the national electric code 90-2(B)(5) shall be inspected by the department.

Sec. 202. RCW 19.28.141 and 2001 c 211 s 9 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the provisions of RCW 19.28.101 shall not apply:

(((1))) (a) Within the corporate limits of any incorporated city or town which has heretofore adopted and enforced or subsequently adopts and enforces an ordinance requiring an equal, higher or better standard of construction and of materials, devices, appliances and equipment than is required by this chapter.

(((2))) (b) Within the service area of an electricity supply agency owned and operated by a city or town which is supplying electricity and enforcing a standard of construction and materials outside its corporate limits at the time this act takes effect((: PROVIDED, That such)). The city, town, or agency shall ((henceforth)) enforce by inspection within its service area outside its corporate limits the same standards of construction and of materials, devices, appliances and equipment as ((is)) are enforced by the department of labor and industries under ((the authority of)) this chapter((: PROVIDED FURTHER, That)). Fees charged ((henceforth)) in connection with such enforcement shall not exceed those established in RCW 19.28.101.

(((3))) (c) Within the rights of way of state highways, provided the state department of transportation maintains and enforces an equal, higher or better standard of construction and of materials, devices, appliances and equipment than is required by RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361.

(2) A city, town, or electrical supply agency is permitted, but not required, to enforce the same permitting and inspection standards applicable to basic electrical work as are enforced by the department of labor and industries.

PART 3 - INCIDENTAL ELECTRICAL WORK

Sec. 301. RCW 19.28.091 and 2001 c 211 s 6 are each amended to read as follows:

(1) No license under the provision of this chapter shall be required from any utility or any person, firm, partnership, corporation, or other entity employed by a utility because of work in connection with the installation, repair, or maintenance of lines, wires, apparatus, or equipment owned by or under the control of a utility and used for transmission or distribution of electricity from the source of supply to the point of contact at the premises and/or property to be supplied and service connections and meters and other apparatus or appliances used in the measurement of the consumption of electricity by the customer.

(2) No license under the provisions of this chapter shall be required from any utility because of work in connection with the installation, repair, or maintenance of the following:

(a) Lines, wires, apparatus, or equipment used in the lighting of streets, alleys, ways, or public areas or squares;

(b) Lines, wires, apparatus, or equipment owned by a commercial, industrial, or public institution customer that are an integral part of a transmission or distribution system, either overhead or underground, providing service to such customer and located outside the building or structure: PROVIDED, That a utility does not initiate the sale of services to perform such work;

(c) Lines and wires, together with ancillary apparatus, and equipment, owned by a customer that is an independent power producer who has entered into an agreement for the sale of electricity to a utility and that are used in transmitting electricity from an electrical generating unit located on premises used by such customer to the point of interconnection with the utility's system.

(3) Any person, firm, partnership, corporation, or other entity licensed under RCW 19.28.041 may enter into a contract with a utility for the performance of work under subsection (2) of this section.

(4) No license under the provisions of this chapter shall be required from any person, firm, partnership, corporation, or other entity because of the work of installing and repairing ignition or lighting systems for motor vehicles.

(5) No license under the provisions of this chapter shall be required from any person, firm, partnership, corporation, or other entity because of work in connection with the installation, repair, or maintenance of wires and equipment, and installations thereof, exempted in RCW 19.28.010.

(6) The department may by rule exempt from licensing requirements under this chapter work performed on premanufactured electric power generation equipment assemblies and control gear involving the testing, repair, modification, maintenance, or installation of components internal to the power generation equipment, the control gear, or the transfer switch.

(7) An entity that currently holds a valid specialty or general plumbing contractor's registration under chapter 18.27 RCW may employ a certified plumber, a certified residential plumber, or a plumber trainee meeting the requirements of chapter 18.106 RCW to perform electrical work that is incidentally, directly, and immediately appropriate to the like-in-kind replacement of a household appliance or other small household utilization equipment that requires limited electric power and limited waste and/or water connections. A plumber trainee must be supervised by a certified plumber or a certified residential plumber while performing electrical work. The electrical work is subject to the permitting and inspection requirements of this chapter.

Sec. 302. RCW 19.28.261 and 2001 c 211 s 19 are each amended to read as follows:

(1) Nothing in RCW 19.28.161 through 19.28.271 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work at his or her residence or farm or place of business or on other property owned by him or her unless the electrical work is on the construction of a new building intended for rent, sale, or lease. However, if the construction is of a new residential building with up to four units intended for rent, sale, or lease, the owner may receive an exemption from the requirement to obtain a license or use a certified electrician if he or she provides a signed affidavit to the department stating that he or she will be performing the work and will occupy one of the units as his or her principal residence. The owner shall apply to the department for this exemption and may only receive an exemption once every twenty-four months. It is intended that the owner receiving this exemption shall occupy the unit as his or her principal residence for twenty-four months after completion of the units.

(2) Nothing in RCW 19.28.161 through 19.28.271 shall be intended to derogate from or dispense with the requirements of any valid electrical code enacted by a city or town pursuant to RCW 19.28.010(3), except that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the electrical construction trade.

(3) RCW 19.28.161 through 19.28.271 shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees.

(4) Nothing in RCW 19.28.161 through 19.28.271 shall be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment; nor to any electrical utility or its employees in the installation, repair, and maintenance of electrical wiring, circuits, and equipment by or for the utility, or comprising a part of its plants, lines or systems.

(5) The licensing provisions of RCW 19.28.161 through 19.28.271 shall not apply to:

(((1))) (a) Persons making electrical installations on their own property or to regularly employed employees working on the premises of their employer, unless the electrical work is on the construction of a new building intended for rent, sale, or lease;

(((2))) (b) Employees of an employer while the employer is performing utility type work of the nature described in RCW 19.28.091 so long as such employees have registered in the state of Washington with or graduated from a state-approved outside lineman apprenticeship course that is recognized by the department and that qualifies a person to perform such work; ((or

(3))) (c) Any work exempted under RCW 19.28.091(6); and

(d) Certified plumbers, certified residential plumbers, or plumber trainees meeting the requirements of chapter 18.106 RCW and performing exempt work under RCW 19.28.091(7).

(6) Nothing in RCW 19.28.161 through 19.28.271 shall be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative or other person when none of the individuals doing the electrical installation hold themselves out as engaged in the trade or business of electrical installations.

(7) Nothing precludes any person who is exempt from the licensing requirements of this chapter under this section from obtaining a journeyman or specialty certificate of competency if they otherwise meet the requirements of this chapter.

PART 4 - INCIDENTAL PLUMBING WORK

Sec. 401. RCW 18.27.090 and 2001 c 159 s 7 are each amended to read as follows:

The registration provisions of this chapter do not apply to:

(1) An authorized representative of the United States government, the state of Washington, or any incorporated city, town, county, township, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state;

(2) Officers of a court when they are acting within the scope of their office;

(3) Public utilities operating under the regulations of the utilities and transportation commission in construction, maintenance, or development work incidental to their own business;

(4) Any construction, repair, or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of any petroleum or gas well or any surface or underground mine or mineral deposit when performed by an owner or lessee;

(5) The sale or installation of any finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of a structure;

(6) Any construction, alteration, improvement, or repair of personal property performed by the registered or legal owner, or by a mobile/manufactured home retail dealer or manufacturer licensed under chapter 46.70 RCW who shall warranty service and repairs under chapter 46.70 RCW;

(7) Any construction, alteration, improvement, or repair carried on within the limits and boundaries of any site or reservation under the legal jurisdiction of the federal government;

(8) Any person who only furnished materials, supplies, or equipment without fabricating them into, or consuming them in the performance of, the work of the contractor;

(9) Any work or operation on one undertaking or project by one or more contracts, the aggregate contract price of which for labor and materials and all other items is less than five hundred dollars, such work or operations being considered as of a casual, minor, or inconsequential nature. The exemption prescribed in this subsection does not apply in any instance wherein the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made into contracts of amounts less than five hundred dollars for the purpose of evasion of this chapter or otherwise. The exemption prescribed in this subsection does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that he or she is a contractor, or that he or she is qualified to engage in the business of contractor;

(10) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts or reclamation districts; or to farming, dairying, agriculture, viticulture, horticulture, or stock or poultry raising; or to clearing or other work upon land in rural districts for fire prevention purposes; except when any of the above work is performed by a registered contractor;

(11) An owner who contracts for a project with a registered contractor, except that this exemption shall not deprive the owner of the protections of this chapter against registered and unregistered contractors;

(12) Any person working on his or her own property, whether occupied by him or her or not, and any person working on his or her personal residence, whether owned by him or her or not but this exemption shall not apply to any person otherwise covered by this chapter who constructs an improvement on his or her own property with the intention and for the purpose of selling the improved property;

(13) Owners of commercial properties who use their own employees to do maintenance, repair, and alteration work in or upon their own properties;

(14) A licensed architect or civil or professional engineer acting solely in his or her professional capacity, an electrician licensed under the laws of the state of Washington, or a plumber licensed under the laws of the state of Washington or licensed by a political subdivision of the state of Washington while operating within the boundaries of such political subdivision. The exemption provided in this subsection is applicable only when the licensee is operating within the scope of his or her license;

(15) Any person who engages in the activities herein regulated as an employee of a registered contractor with wages as his or her sole compensation or as an employee with wages as his or her sole compensation;

(16) Contractors on highway projects who have been prequalified as required by RCW 47.28.070, with the department of transportation to perform highway construction, reconstruction, or maintenance work;

(17) A mobile/manufactured home dealer or manufacturer who subcontracts the installation, set-up, or repair work to actively registered contractors. This exemption only applies to the installation, set-up, or repair of the mobile/manufactured homes that were manufactured or sold by the mobile/manufactured home dealer or manufacturer;

(18) An entity who holds a valid electrical contractor's license under chapter 19.28 RCW that employs a certified journeyman electrician, a certified residential specialty electrician, or an electrical trainee meeting the requirements of chapter 19.28 RCW to perform plumbing work that is incidentally, directly, and immediately appropriate to the like-in-kind replacement of a household appliance or other small household utilization equipment that requires limited electric power and limited waste and/or water connections. An electrical trainee must be supervised by a certified electrician while performing plumbing work.

Sec. 402. RCW 18.106.150 and 1973 1st ex.s. c 175 s 15 are each amended to read as follows:

(1) Nothing in this chapter shall be construed to require that a person obtain a license or a certified plumber in order to do plumbing work at his or her residence or farm or place of business or on other property owned by him or her. ((Any person performing plumbing work on a farm may do so without having))

(2) A current certificate of competency or apprentice permit is not required for: ((PROVIDED, HOWEVER, That))

(a) Persons performing plumbing work on a farm; or

(b) Certified journeyman electricians, certified residential specialty electricians, or electrical trainees working for an electrical contractor and performing exempt work under RCW 18.27.090(18).

(3) Nothing in this chapter shall be intended to derogate from or dispense with the requirements of any valid plumbing code enacted by a political subdivision of the state, except that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the trade of plumbing((: AND PROVIDED FURTHER, That)).

(4) This chapter shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees((: AND PROVIDED FURTHER, That)).

(5) Nothing in this chapter shall be construed to apply to any farm, business, industrial plant, or corporation doing plumbing work on premises it owns or operates((: AND PROVIDED FURTHER, That)).

(6) Nothing in this chapter shall be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative or other person when none of the individuals doing such plumbing hold themselves out as engaged in the trade or business of plumbing.

PART 5 - ELECTRIC APPLIANCE REPAIR

NEW SECTION. Sec. 501. A new section is added to chapter 19.28 RCW under the subchapter heading "provisions applicable to electrical installations" to read as follows:

(1) Until July 1, 2004, the repair, maintenance, or replacement of an electric appliance is exempt from licensing and certification requirements under RCW 19.28.091 and 19.28.161.

(2) For the purposes of this section, "repair, maintenance, or replacement of an electric appliance" means servicing, maintaining, repairing, or replacing household appliances, small commercial/ industrial appliances, and other small utilization equipment. The appliance or utilization equipment must be self-contained and built to standardized sizes or types. The appliance or utilization equipment must be connected as a single unit to a single source of electrical power limited to a maximum of two hundred fifty volts, sixty amperes, single phase.

(a) "Repair, maintenance, or replacement of an electric appliance" includes the like-in-kind replacement of the appliance or utilization equipment if the same unmodified electrical circuit is used to supply the equipment being replaced. It also includes:

(i) The like-in-kind replacement of electrical components within the appliance or equipment;

(ii) The disconnection and reconnection of low-voltage control and line voltage supply whips not over six feet in length provided there are no modifications to the characteristics of the branch circuit; and

(iii) The installation of an outlet box and outlet at an existing appliance or equipment location when converting the appliance from a permanent electrical connection to a plug and cord connection. Other than the installation of the outlet box and outlet, there can be no modification to the existing branch circuit supplying the appliance or equipment.

(b) "Repair, maintenance, or replacement of an electric appliance" does not include:

(i) The installation, repair, or modification of branch circuits conductors, services, feeders, panelboards, disconnect switches, or raceway/conductor systems interconnecting multiple appliances, equipment, or other electrical components; or

(ii) Any work governed under article(s) 500, 501, 502, 503, 504, 505, 510, 511, 513, 514, 515, or 516 NEC (i.e., classified locations).

(3) For the purposes of this section, "appliances and utilization equipment" include, but are not limited to: Dishwashers, ovens, water heating equipment, office equipment, vehicle repair equipment, commercial kitchen equipment, self-contained hot tubs and spas, grinders, and scales. "Appliances and utilization equipment" do not include systems and equipment such as: Alarm/energy management/similar systems, luminaires, furnaces/heaters/air conditioners/heat pumps, sewage disposal equipment, door/gate/similar equipment, or individual components installed so as to create a system (e.g., pumps, switches, controllers, etc.).

NEW SECTION. Sec. 502. (1) A joint legislative task force is created to review licensing and certification requirements under RCW 19.28.091 and 19.28.161 as they pertain to the repair, maintenance, or replacement of an electric appliance, and as they compare to licensing and certification requirements in other states. The task force membership consists of: (a) One member from each caucus of the senate commerce and trade committee, appointed by the president of the senate; (b) one member from each caucus of the house of representatives commerce and labor committee, appointed by the speaker of the house of representatives; and (c) representatives of electrical contractors, journey level electrical workers, appliance repair businesses, appliance repair technicians, and residential consumers, appointed jointly by the president of the senate and the speaker of the house of representatives. The department of labor and industries shall cooperate with the task force and provide such technical expertise as the task force cochairs may reasonably require. The task force shall choose its cochairs from among its membership. The task force shall use legislative facilities and staff from senate committee services and the office of program research. Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed in accordance with RCW 43.03.050 and 43.03.060, such reimbursement to be paid jointly by the senate and the house of representatives. The task force shall report its findings and recommendations for legislation or rule making, if any, to the legislature by December 1, 2003.

(2) This section expires July 1, 2004.

PART 6 - ELECTRIC EQUIPMENT REPAIR

Sec. 601. RCW 19.28.191 and 2002 c 249 s 5 are each amended to read as follows:

(1) Upon receipt of the application, the department shall review the application and determine whether the applicant is eligible to take an examination for the master journeyman electrician, journeyman electrician, master specialty electrician, or specialty electrician certificate of competency.

(a) Before July 1, 2005, an applicant who possesses a valid journeyman electrician certificate of competency in effect for the previous four years and a valid general administrator's certificate may apply for a master journeyman electrician certificate of competency without examination.

(b) Before July 1, 2005, an applicant who possesses a valid specialty electrician certificate of competency, in the specialty applied for, for the previous two years and a valid specialty administrator's certificate, in the specialty applied for, may apply for a master specialty electrician certificate of competency without examination.

(c) Before December 1, 2003, the following persons may obtain an equipment repair specialty electrician certificate of competency without examination:

(i) A person who has successfully completed an apprenticeship program approved under chapter 49.04 RCW for the machinist trade; and

(ii) A person who provides evidence in a form prescribed by the department affirming that: (A) He or she was employed as of April 1, 2003, by a factory-authorized equipment dealer or service company; and (B) he or she has worked in equipment repair for a minimum of four thousand hours.

(d) To be eligible to take the examination for a master journeyman electrician certificate of competency the applicant must have possessed a valid journeyman electrician certificate of competency for four years.

(((d))) (e) To be eligible to take the examination for a master specialty electrician certificate of competency the applicant must have possessed a valid specialty electrician certificate of competency, in the specialty applied for, for two years.

(((e))) (f) To be eligible to take the examination for a journeyman certificate of competency the applicant must have:

(i) Worked in the electrical construction trade for a minimum of eight thousand hours, of which four thousand hours shall be in industrial or commercial electrical installation under the supervision of a master journeyman electrician or journeyman electrician and not more than a total of four thousand hours in all specialties under the supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that electrician's specialty. Speciality electricians with less than a four thousand hour work experience requirement cannot credit the time required to obtain that specialty towards qualifying to become a journeyman electrician; or

(ii) Successfully completed an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade.

(((f))) (g) To be eligible to take the examination for a specialty electrician certificate of competency the applicant must have:

(i) Worked in the residential (as specified in WAC 296-46A- 930(2)(a)), pump and irrigation (as specified in WAC 296-46A- 930(2)(b)(i)), sign (as specified in WAC 296-46A-930(2)(c)), limited energy (as specified in WAC 296-46A-930(2)(e)(i)), nonresidential maintenance (as specified in WAC 296-46A-930(2)(f)(i)), restricted nonresidential maintenance as determined by the department in rule, or other new nonresidential specialties as determined by the department in rule under the supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that electrician's specialty for a minimum of four thousand hours; or

(ii) Worked in the appliance repair specialty as determined by the department in rule, the equipment repair specialty as determined by the department in rule, or a specialty other than the designated specialties in (((f))) (g)(i) of this subsection for a minimum of the initial ninety days, or longer if set by rule by the department. The initial period must be spent under one hundred percent supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that electrician's specialty. After this initial period, a person may take the specialty examination. If the person passes the examination, the person may work unsupervised for the balance of the minimum hours required for certification. A person may not be certified as a specialty electrician in the appliance repair specialty or in a specialty other than the designated specialities in (((f))) (g)(i) of this subsection, however, until the person has worked a minimum of two thousand hours in that specialty, or longer if set by rule by the department; or

(iii) Successfully completed an approved apprenticeship program under chapter 49.04 RCW for the applicant's specialty in the electrical construction trade.

(((g))) (h) Any applicant for a journeyman electrician certificate of competency who has successfully completed a two-year program in the electrical construction trade at public community or technical colleges, or not-for-profit nationally accredited technical or trade schools licensed by the work force training and education coordinating board under chapter 28C.10 RCW may substitute up to two years of the technical or trade school program for two years of work experience under a master journeyman electrician or journeyman electrician. The applicant shall obtain the additional two years of work experience required in industrial or commercial electrical installation prior to the beginning, or after the completion, of the technical school program. Any applicant who has received training in the electrical construction trade in the armed service of the United States may be eligible to apply armed service work experience towards qualification to take the examination for the journeyman electrician certificate of competency.

(((h))) (i) An applicant for a specialty electrician certificate of competency who, after January 1, 2000, has successfully completed a two-year program in the electrical construction trade at a public community or technical college, or a not-for-profit nationally accredited technical or trade school licensed by the work force training and education coordinating board under chapter 28C.10 RCW, may substitute up to one year of the technical or trade school program for one year of work experience under a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that electrician's specialty. Any applicant who has received training in the electrical construction trade in the armed services of the United States may be eligible to apply armed service work experience towards qualification to take the examination for an appropriate specialty electrician certificate of competency.

(((i))) (j) The department must determine whether hours of training and experience in the armed services or school program are in the electrical construction trade and appropriate as a substitute for hours of work experience. The department must use the following criteria for evaluating the equivalence of classroom electrical training programs and work in the electrical construction trade:

(i) A two-year electrical training program must consist of three thousand or more hours.

(ii) In a two-year electrical training program, a minimum of two thousand four hundred hours of student/instructor contact time must be technical electrical instruction directly related to the scope of work of the electrical specialty. Student/instructor contact time includes lecture and in-school lab.

(iii) The department may not allow credit for a program that accepts more than one thousand hours transferred from another school's program.

(iv) Electrical specialty training school programs of less than two years will have all of the above student/instructor contact time hours proportionately reduced. Such programs may not apply to more than fifty percent of the work experience required to attain certification.

(v) Electrical training programs of less than two years may not be credited towards qualification for journeyman electrician unless the training program is used to gain qualification for a four thousand hour electrical specialty.

(((j))) (k) No other requirement for eligibility may be imposed.

(2) The department shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the department shall consult with the board. Upon determination that the applicant is eligible to take the examination, the department shall so notify the applicant, indicating the time and place for taking the examination.

(3) No noncertified individual may work unsupervised more than one year beyond the date when the trainee would be eligible to test for a certificate of competency if working on a full-time basis after original application for the trainee certificate. For the purposes of this section, full-time basis means two thousand hours.

NEW SECTION. Sec. 602. A new section is added to chapter 19.28 RCW under the subchapter heading "provisions applicable to electrical installations" to read as follows:

(1) The scope of work for the equipment repair specialty involves servicing, maintaining, repairing, or replacing utilization equipment.

(2) "Utilization equipment" means equipment that is: (a) Self- contained on a single skid or frame; (b) factory built to standardized sizes or types; (c) listed or field evaluated by a laboratory or approved by the department under WAC 296-46B-030; and (d) connected as a single unit to a single source of electrical power limited to a maximum of six hundred volts. The equipment may also be connected to a separate single source of electrical control power limited to a maximum of two hundred fifty volts. Utilization equipment does not include devices used for occupant space heating by industrial, commercial, hospital, educational, public, and private commercial buildings, and other end users.

(3) "Servicing, maintaining, repairing, or replacing utilization equipment" includes:

(a) The like-in-kind replacement of the equipment if the same unmodified electrical circuit is used to supply the equipment being replaced;

(b) The like-in-kind replacement or repair of remote control components that are integral to the operation of the equipment;

(d) The disconnection, replacement, and reconnection of low-voltage control and line voltage supply whips not over six feet in length provided there are no modifications to the characteristics of the branch circuit.

(4) "Servicing, maintaining, repairing, or replacing utilization equipment" does not include:

(a) The installation, repair, or modification of wiring that interconnects equipment and/or remote components, branch circuit conductors, services, feeders, panelboards, disconnect switches, motor control centers, remote magnetic starters/contactors, or raceway/conductor systems interconnecting multiple equipment or other electrical components;

(b) Any work providing electrical feeds into the power distribution unit or installation of conduits and raceways; or

(c) Any electrical work governed under article(s) 500, 501, 502, 503, 504, 505, 510, 511, 513, 514, 515, or 516 NEC (i.e., classified locations), except for electrical work in sewage pumping stations.

PART 7 - BOILER REPAIR

NEW SECTION. Sec. 701. (1) Until July 1, 2004, the department of labor and industries shall cease to administer and enforce licensing requirements under RCW 19.28.091, certification requirements under RCW 19.28.161, and inspection and permitting requirements under RCW 19.28.101, as applied only to maintenance work on the electrical controls of a boiler performed by an employee of a service company.

(2) The electrical board and the board of boiler rules shall jointly evaluate whether electrical licensing, certification, inspection, and permitting requirements should apply to maintenance work on the electrical controls of a boiler performed by an employee of a service company. The electrical board shall report their joint findings and recommendations for legislation or rule making, if any, to the commerce and labor committee of the house of representatives and the commerce and trade committee of the senate by December 1, 2003.

(3) This section expires July 1, 2004.

PART 8 - PLUMBING CONTINUING EDUCATION

Sec. 801. RCW 18.106.070 and 1997 c 326 s 6 are each amended to read as follows:

(1) The department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. ((A renewal fee shall be assessed for each certificate.)) The department shall renew a certificate of competency if the applicant: (a) Pays the renewal fee assessed by the department; and (b) during the past two years has completed sixteen hours of continuing education approved by the department with the advice of the advisory board, including four hours related to electrical safety. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

The journeyman plumber and specialty plumber certificates of competency, the medical gas piping installer endorsement, and the temporary permit provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber, specialty plumber, or medical gas piping installer, in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative's request.

(3) Any person who has been issued a plumbing training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) ((From July 28, 1985, through June 30, 1988, not more than three noncertified plumbers working on any one job site for every certified journeyman or specialty plumber; (b) effective July 1, 1988,)) Not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; and (((c) effective July 1, 1988,)) (b) not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber.

An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction trade in a school approved by the work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

(4) An individual who has a current training certificate and who has successfully completed or is currently enrolled in a medical gas piping installer training course approved by the department may work on medical gas piping systems if the individual is under the direct supervision of a certified medical gas piping installer who holds a medical gas piping installer endorsement one hundred percent of a working day on a one-to-one ratio.

(5) The training to become a certified plumber must include not less than sixteen hours of classroom training established by the director with the advice of the advisory board. The classroom training must include, but not be limited to, electrical wiring safety, grounding, bonding, and other related items plumbers need to know to work under RCW 19.28.091.

(6) All persons who are certified plumbers before January 1, 2003, are deemed to have received the classroom training required in subsection (5) of this section.

PART 9 - MISCELLANEOUS

NEW SECTION. Sec. 901. Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 902. Sections 501, 601, and 701 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately."

Correct the title.

Representative Kessler moved the adoption of amendment (459) to amendment (456):

On page 14 of the striking amendment, beginning on line 23, strike all of sections 501 and 502 and insert the following:

"NEW SECTION. Sec. 501. A new section is added to chapter 19.28 RCW under the subchapter heading "provisions applicable to electrical installations" to read as follows:

(1) The repair, maintenance, or replacement of an electric appliance, if performed by an employee of a manufacturer-authorized dealer or service company, is exempt from licensing and certification requirements under RCW 19.28.091 and RCW 19.28.161.

(2) A joint legislative task force is created to review licensing and certification requirements under RCW 19.28.091 and RCW 19.28.161 as they pertain to the repair, maintenance, or replacement of an electric appliance, and as they compare to licensing and certification requirements in other states. The task force membership shall consist of: (a) One member from each caucus of the senate commerce and trade committee, appointed by the president of the senate; (b) one member from each caucus of the house commerce and labor committee, appointed by the speaker of the house of representatives; and (c) representatives of electrical contractors, journey level electrical workers, appliance repair businesses, appliance repair technicians, and residential consumers, appointed jointly by the president of the senate and the speaker of the house of representatives. The department of labor and industries shall cooperate with the task force and provide such technical expertise as the task force cochairs may reasonably require. The task force shall choose its cochairs from among its membership. The task force shall use legislative facilities and staff from senate committee services and the office of program research. Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed in accordance with RCW 43.03.050 and RCW 43.03.060, such reimbursement to be paid jointly by the senate and the house of representatives. The task force shall report its findings and recommendations for legislation or rulemaking, if any, to the legislature by December 1, 2003.

(3) For the purposes of this section, "repair, maintenance, or replacement of an electric appliance" means servicing, maintaining, repairing, or replacing household appliances and similar utilization equipment, other than space heating equipment, in a residential occupancy. The appliance or utilization equipment must be self-contained and built to standardized sizes or types. The appliance or utilization equipment must be connected as a single unit to a single source of electrical power limited to a maximum of 250 volts, 60 amperes, single phase.

(i) The like-in-kind replacement of electrical components within the appliance or equipment;

(b) "Repair, maintenance, or replacement of an electric appliance" does not include:

(ii) Any work governed under Article(s) 500, 501, 502, 503, 504, 505, 510, 511, 513, 514, 515, or 516 NEC (i.e., classified locations).

(4) For the purposes of this section, "electric appliance" means appliances and utilization equipment including, but not limited to, dish washers, ovens, water heating equipment, cook tops, ranges, instant hot water dispensers, garbage disposers, vent hoods, warming drawers, and grills.

(b) "Electric appliance" does not include systems and equipment such as office equipment, vehicle repair equipment, commercial kitchen equipment, self-contained hot tubs and spas, grinders, scales, alarm/energy management/similar systems, luminaires, furnaces/heaters/air conditioners/heat pumps, sewage disposal equipment, door/gate/similar equipment, or individual components installed so as to create a system (e.g., pumps, switches, controllers, etc.)."

Representatives Kessler, Chandler and Clements spoke in favor of the adoption of the amendment.

Representatives Conway and Wood spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was adopted.

Representative Chandler moved the adoption of amendment (472) to amendment (456):

On page 17 of the striking amendment, line 12, after "(c)" insert the following:

"Before December 1, 2003, a person who provides evidence in a form prescribed by the department affirming that he or she has worked in the HVAC/refrigeration specialty for a minimum of four thousand hours may obtain a HVAC/refrigeration specialty electrician certificate of competency without examination.

(d)"

Reletter the remaining subsections and correct internal references accordingly.

On page 25 of the striking amendment, after line 8, insert the following:

"Sec. 901. RCW 19.28.061 and 2002 c 249 s 3 are each amended to read as follows:

(1) Each applicant for an electrical contractor's license, other than an individual, shall designate a supervisory employee or member of the firm to take the required master electrician's or administrator's examination. ((Effective July 1, 1987, a)) A supervisory employee designated as the electrical contractor's master electrician or administrator shall be a full-time supervisory employee. This person shall be designated as master electrician or administrator under the license. No person may concurrently qualify as master electrician or administrator for more than one contractor. If the relationship of the master electrician or administrator with the electrical contractor is terminated, the contractor's license is void within ninety days unless another master electrician or administrator is qualified by the board. However, if the master electrician or administrator dies or is otherwise incapacitated, the contractor's license is void within one hundred eighty days unless another master electrician or administrator is qualified by the board. The contractor must notify the department in writing within ten days if the master electrician's or administrator's relationship with the contractor terminates due to the master electrician's or administrator's death or incapacitation.

(2) The department must issue an administrator's certificate to all applicants who have passed the examination as provided in RCW 19.28.051 and this section, and who have complied with the rules adopted under this chapter, or who qualify to obtain an administrator's certificate without examination under subsection (3) of this section. The administrator's certificate must bear the date of issuance, expires on the holder's birthday, and is nontransferable. The certificate must be renewed every three years, upon application, on or before the holder's birthday.

(a) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual eight-hour continuing education course, the certificate may be renewed by appropriate application without examination unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date.

(b) The contents and requirements for satisfactory completion of the continuing education course must be determined by the director and approved by the board.

(c) The department must accept proof of a certificate holder's satisfactory completion of a continuing education course offered in another state as meeting the requirements for maintaining a current Washington state certificate if the department is satisfied the course is comparable in nature to that required in Washington state for maintaining a current certificate.

(3) Before December 1, 2003, a person who provides evidence in a form prescribed by the department affirming that he or she has worked in the HVAC/refrigeration specialty for a minimum of eight thousand hours may obtain a HVAC/refrigeration specialty electrical administrator certificate of competency without examination.

(4) A fee must be assessed for each administrator's certificate and for each renewal. An individual holding more than one administrator's certificate under this chapter is not required to pay fees for more than one certificate. The department must set the fees by rule for issuance and renewal of a certificate. The fees must cover, but not exceed, the costs of issuing the certificates and of administering and enforcing the administrator certification requirements of this chapter.

(((4))) (5) The department may deny an application for an administrator's certificate for up to two years if the applicant's previous administrator's certificate has been revoked for a serious violation and all appeals concerning the revocation have been exhausted. For the purposes of this section only, a serious violation is a violation that presents imminent danger to the public. The certificate may be renewed for a three-year period without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. A person may take the administrator's examination as many times as necessary to pass without limit.

(((5))) (6) The designated master electrician or administrator shall:

(a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section;

(b) Ensure that all electrical work complies with the electrical installation laws and rules of the state;

(d) Ensure that all electrical labels, permits, and licenses required to perform electrical work are used;

(e) See that corrective notices issued by an inspecting authority are complied with; and

(f) Notify the department in writing within ten days if the master electrician or administrator terminates the relationship with the electrical contractor.

(((6))) (7) The department shall not by rule change the administrator's duties under subsection (((5))) (6) of this section."

Renumber the remaining sections and correct internal references accordingly.

Representative Chandler spoke in favor of the adoption of the amendment to the amendment.

Representative Conway spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

The question before the House was the adoption of amendment (456) as amended.

Representatives Conway and Chandler spoke in favor of the adoption of the amendment as amended.

The amendment as amended was adopted.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5713, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5713, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

Voting nay: Representative Cooper - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5713, as amended by the House, having received the necessary constitutional majority, was declared passed.

SECOND SUBSTITUTE SENATE BILL NO. 5890, By Senate Committee on Ways & Means (originally sponsored by Senators Swecker, Rasmussen and Parlette)

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

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Commerce & Labor was not adopted. (For amendment, see Journal 82^nd Day, April 4, 2003.)

Representative Conway moved the adoption of amendment (476):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature is interested in tracking the rule development and implementation process for cholinesterase medical monitoring of farm workers who handle cholinesterase-inhibiting pesticides. The department of labor and industries and stakeholders representing agricultural employers and employees shall report to the house commerce and labor committee and the senate agriculture committee by September 1, 2003, and by December 1, 2003, on the status of the rule development and implementation."

Correct the title.

Representatives Conway, Chandler and Grant spoke in favor of the adoption of the amendment.

The amendment was adopted.

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

Representatives Conway, Chandler and Grant spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5890, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5890, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

SECOND SUBSTITUTE SENATE BILL NO. 5890, as amended by the House, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5787, By Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Morton, Prentice, Hale, Jacobsen, Kohl-Welles, Hewitt, Doumit and Horn)

Protecting water quality.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Agriculture & Natural Resources was not adopted. (For amendment, see Journal 82^nd Day, April 4, 2003.)

Representative Linville moved the adoption of amendment (366):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 90.48 RCW to read as follows:

(1) In order to ensure that construction projects involving the use of fill material do not pose a threat to water quality, the department may require that the suitability of potential fill material be evaluated using a leaching test included in the soil clean-up rules adopted by the department under chapter 70.105D RCW in any water quality certification issued under section 401 of the federal clean water act and in any administrative order issued under this chapter, where such certification or administrative order authorizes the placement of fill material, some or all of which will be placed in waters of the state. Any such requirement imposed by the department in a water quality certification or administrative order issued prior to the effective date of this section is ratified and approved by the legislature as a valid and reliable method for determining concentrations of chemical constituents that can be present in fill material without posing an unacceptable risk of violating water quality standards, and shall be in effect as imposed by the department for all work not completed by June 1, 2003.

(2) Nothing in this section limits, in any way, the department's authority under this chapter.

NEW SECTION. Sec. 2. A new section is added to chapter 90.48 RCW to read as follows:

The department shall identify the leaching tests utilized for evaluating the potential impacts to water quality in situations where fill material is imported. The tests may include those identified in the soil clean-up rules adopted by the department under chapter 70.105D RCW. Within existing resources, the department shall assess whether this list of leaching tests provides appropriate methods for analyzing water quality impacts for all types of projects and in all circumstances where fill material is imported. The department shall also identify any gaps in leaching test methodology. The department shall report both the leaching test list and the list of test methodology gaps to the appropriate committees of the legislature by December 31, 2003.

NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

Representative McDermott moved the adoption of amendment (481) to amendment (366):

On page 1, line 16 of the striking amendment, after "state." strike all material through "2003." on line 24

Representatives McDermott and Schual-Berke spoke in favor of the adoption of the amendment to the amendment.

Representative Linville spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

Representative Schual-Berke moved the adoption of amendment (486) to amendment (366):

On page 1, line 25 of the amendment, after "(2)" insert "In addition to any penalty that may be imposed according to RCW 90.48.140 and civil damages awarded according to RCW 90.48.142, a person may be liable for damages to any person who is injured or whose property is damaged because of a violation of the provisions of this chapter related to a project for which the suitability of fill material was evaluated using a leaching test according to subsection (1) of this section. The person who is injured or whose property is damaged may file an action in superior court to recover damages, including reasonable attorneys fees. For purposes of this action, any violation of the provisions of this chapter related to a project for which the suitability of fill material was evaluated using a leaching test according to subsection (1) of this section shall be considered negligence per se according to RCW 5.40.050.

(3)"

On page 1, after line 26 of the amendment, insert the following:

"Sec. 2. RCW 5.40.050 and 2001 c 194 s 5 are each amended to read as follows:

A breach of a duty imposed by statute, ordinance, or administrative rule shall not be considered negligence per se, but may be considered by the trier of fact as evidence of negligence; however, any breach of duty as provided by statute, ordinance, or administrative rule relating to electrical fire safety, the use of smoke alarms, sterilization of needles and instruments used in tattooing or electrology as required under RCW 70.54.350, violation of the provisions of chapter 90.48 RCW as specified in section 1 of this act, or driving while under the influence of intoxicating liquor or any drug, shall be considered negligence per se."

Renumber the remaining sections consecutively and correct any internal references accordingly.

Correct the title.

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

Representative Linville spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

Representative Santos moved the adoption of amendment (487) to amendment (366):

On page 1, line 25 of the amendment, after "(2)" insert "In enacting this section the legislature does not intend to limit, reduce, alter, or change the authority or jurisdiction of the pollution control hearings board as specified in RCW 43.21B.090 and 43.21B.110 or the authority of the Washington supreme court in reviewing decisions of the pollution control hearings board.

(3)"

Representative Santos spoke in favor of the adoption of the amendment to the amendment.

Representative Linville spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

Representative Santos moved the adoption of amendment (488) to amendment (366):

(3)"

Representative Santos spoke in favor of the adoption of the amendment to the amendment.

Representative Linville spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

Representative Upthegrove moved the adoption of amendment (485) to amendment (366):

On page 2, after line 8 of the amendment, insert the following:

"NEW SECTION. Sec. 3. (1) The legislature finds that construction projects may create environmental impacts on the project site and in surrounding areas. The legislature recognizes that the state's environmental and project review laws are intended to mitigate the impacts of construction projects for the benefit of citizens, property owners, and the public. The legislature also finds that the environmental impacts of large, complex construction projects may affect an area much larger than the project site and surrounding community.

(2) The legislature recognizes a concern that the importation of fill material according to the provisions of section 1 of this act for large, complex construction projects may pose environmental risk in an area much larger than the project site and surrounding community. The legislature also recognizes that identifying the areas affected by a large, complex construction project may be difficult.

(3) The legislature also finds that construction or expansion of large regional airports are large, complex construction projects which may raise the concern identified in subsection (2) of this section. The legislature finds that, while these projects provide benefits to the state, qualify as essential public facilities according to the state growth management act, and provide numerous job-making economic development benefits to businesses and individuals by moving goods to and from markets and by fostering travel, these projects may create substantial environmental and other impacts to local communities that prove financially disadvantageous and detrimental to the quality of life for residents in the impacted areas. This legislature finds that this concern is magnified when the construction project involves the importation of fill material, as fill importation creates the potential of introducing contaminants into the area or of exacerbating soil contamination in the area. The legislature also finds that fill importation raises the potential of affecting water quality if fill is placed in or near a water body or if contaminants from the soil leach into a surface or ground water body. The legislature recognizes a need to balance the pressing need for construction projects related to the construction or expansion or airport facilities and the impacts they may create.

(4) The legislature recognizes the inequitable burden borne by residents and communities of the surrounding areas affected by the activities, construction, or expansion of large regional airports. The Legislature therefore intends to establish a mechanism to provide mitigation to surrounding residents and communities affected by activities associated with large regional airports and the impacts of construction or expansion of those airports that involve the importation of fill material.

NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows:

(1) On or before October 1, 2003, the department shall establish an aviation mitigation zone for any large regional airport located in the state of Washington. An aviation mitigation zone shall only include the following:

(a) Cities with a population fewer than forty thousand adjacent to the city within which the large regional airport is located;

(b) Cities with a population fewer than ten thousand adjacent to a city qualifying for inclusion in the mitigation zone according to the criteria established by (a) of this subsection; and

(c) Any portion of any incorporated or unincorporated area that is within a 60 Ldn noise level contour of the large regional airport as determined by the aircraft noise measurement methodology described in 14 C.F.R., Appendix A to Part 150 -- Noise Exposure Maps, as of the effective date of this act.

(2)(a) For the purposes of this section, "Ldn" means yearly day-night average sound level.

(b) For the purposes of this section, "large regional airport" means an airport serving more than twenty scheduled jet aircraft flights per day operated by a port district in a county with a population greater than one million.

NEW SECTION. Sec. 5. A new section is added to chapter 84.08 RCW to read as follows:

(1) For the purposes of establishing aviation mitigation zones in accordance with the provisions of section 4 of this act, on or before September 15, 2003, the department shall develop a noise exposure map for any large regional airport meeting the criteria established by section 4 of this act. The noise exposure map shall be prepared in accordance with the methodology described in 14 C.F.R., Appendix A to Part 150 -- Noise Exposure Maps, as of the effective date of this act. The noise exposure map shall include a 60 Ldn noise level contour. The department may use noise exposure data collected or produced by an applicable port district when developing a noise exposure map required by this section.

(2) For the purposes of this section, "Ldn" has the same meaning as in section 4 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 84.36 RCW to read as follows:

(1) If any portion of a tract or parcel of real property is within an aviation mitigation zone established under section 4 of this act, the entire tract or parcel is exempt from port taxes.

(2) If any portion of a tract or parcel of real property is within an aviation mitigation zone established under section 4 of this act, the entire tract or parcel is exempt from property taxes levied for any state purpose.

(3) The county assessor shall not require an exemption application for properties that the assessor knows are eligible for exemption under this section based on an aviation mitigation zone established under section 4 of this act. However, a property owner may submit a written request to the assessor requesting exemption under this section. After determining whether the property is eligible for exemption under this section, the assessor shall give written notice of denial or approval to the property owner within thirty days of the date the request was received. A denial may be appealed to the board of equalization of the county in which the property is located within thirty days of the date the denial notice is mailed.

(4) For the purposes of this section, "port taxes" means taxes imposed by a port district that operates a large regional airport for which an aviation mitigation zone is established under section 4 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 84.55 RCW to read as follows:

The levy for a taxing district in any year shall be reduced as necessary to prevent exemptions under section 6(1) of this act from resulting in a higher tax rate than would have occurred in the absence of the exemptions under section 6(1) of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 43.79 RCW to read as follows:

(1) The aviation mitigation account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for aviation mitigation purposes within the following:

(a) Any city included wholly or partially within the aviation mitigation zone established by section 4 of this act; and

(b) Any unincorporated territory included within the aviation mitigation zone established by section 4 of this act.

(2) Only the director of the department of community, trade, and economic development or the director's designee may authorize expenditures from the account established by this section.

NEW SECTION. Sec. 9. Section 6 of this act applies to taxes levied for collection in 2004 and thereafter."

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

POINT OF ORDER

Representative Kessler requested a scope and object ruling on amendment (485) to amendment (366) to Substitution Senate Bill No. 5787.

SPEAKER'S RULING

The Speaker (Representative Lovick presiding): "Substitute Senate Bill No. 5787 is entitled an act relating to "the use of a leaching test in state water quality certifications." The substitute bill, as passed by the Senate, authorizes the Department of Ecology to require use of a specified leaching test to evaluate the suitability of fill material that will be placed in the waters of the state.

Amendment (485) requires the Department of Community, Trade and Economic Development to establish an aviation mitigation zone for any qualifying large regional airport, provides tax preferences for properties within such zones, and establishes an aviation zone mitigation account.

The scope and object of the substitute bill is narrow – authorizing the Department of Ecology to require use of a certain water quality test. The amendment does not address testing or water quality certification and is clearly outside the scope and object of the bill.

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

Representative McDermott moved the adoption of amendment (479) to amendment (366):

On page 2, beginning on line 9 of the striking amendment, strike all of section 3

Correct the title.

Representative McDermott spoke in favor of the adoption of the amendment to the amendment.

Representative Linville spoke against the adoption of the amendment to the amendment.

The amendment to the amendment was not adopted.

The question before the House was adoption of amendment (366). The amendment was adopted.

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

Representatives Linville, Mastin, Clibborn, Conway and Sommers spoke in favor of passage of the bill.

Representatives McDermott, Ericksen, Santos, Rockefeller, Dickerson, Priest, Upthegrove, Darneille and Schual-Berke spoke against the passage of the bill.

MOTIONS

On motion of Representative Clements, Representatives Ahern, Benson, Boldt, Cox, Crouse, DeBolt, Delvin, Mielke, Schindler, Schoesler, and Skinner were excused. On motion of Representative Santos, Representative Edwards was excused.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5787, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5787, as amended by the House, and the bill passed the House by the following vote: Yeas - 61, Nays - 25, Absent - 0, Excused - 12.

Voting yea: Representatives Alexander, Anderson, Armstrong, Bailey, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Condotta, Conway, Cooper, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Hankins, Hatfield, Holmquist, Hunter, Jarrett, Kenney, Kessler, Kirby, Kristiansen, Linville, Lovick, Mastin, McDonald, McMahan, McMorris, Morrell, Morris, Murray, Newhouse, Orcutt, Pearson, Pettigrew, Pflug, Quall, Roach, Ruderman, Sehlin, Shabro, Sommers, Sullivan, Sump, Talcott, Tom, Wallace, Wood, Woods and Mr. Speaker - 61.

Voting nay: Representatives Cody, Darneille, Dickerson, Dunshee, Haigh, Hinkle, Hudgins, Hunt, Kagi, Lantz, McCoy, McDermott, McIntire, Miloscia, Moeller, Nixon, O'Brien, Priest, Rockefeller, Romero, Santos, Schual-Berke, Simpson, Upthegrove and Veloria - 25.

Excused: Representatives Ahern, Benson, Boldt, Cox, Crouse, DeBolt, Delvin, Edwards, Mielke, Schindler, Schoesler and Skinner - 12.

SUBSTITUTE SENATE BILL NO. 5787, as amended by the House, having received the necessary constitutional majority, was declared passed.

RESOLUTION

HOUSE RESOLUTION NO.2003-4657, by Representatives Linville, Ericksen, Morris and Quall

WHEREAS, Our nation, our state, and the Bellingham and Whatcom County community in particular lost a great treasure and a wonderful inspiration with the passing earlier this month of a true friend, Joe Bertero; and

WHEREAS, People from across many generations have fond memories of this exceptional gentleman and his "Joe's Gardens," a Bellingham institution that Mr. Bertero and his wife, Ann, launched upward of 70 years ago, and that Carl and Karol Weston have carried on today; and

WHEREAS, Joe and Ann Bertero celebrated their seventy-third wedding anniversary this past January; and

WHEREAS, In living his principles to the very core of his being, Joe Bertero made his life a truly honorable example for all of us to follow; and

WHEREAS, Even well into his seventies twenty years ago, this caring, tremendous citizen, Joe Bertero, was putting in fifteen-hour days working the soil so that others could dine so well; and

WHEREAS, Joe Bertero was born in San Francisco, spent quite a few of his younger years in Italy, and moved to Whatcom County in 1925; and

WHEREAS, Young people over the decades learned the value of honest work through their employment at Joe's Gardens; and

WHEREAS, Joe's Gardens is a particularly cherished landmark in Bellingham's Happy Valley community, and, as The Bellingham Herald recently editorialized, "it is all that remains of the South Side's rich agricultural history";

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington celebrate the life, the work, and the dedication of Joe Bertero; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the family of Joe Bertero.

HOUSE FLOOR RESOLUTION NO. 4657 was adopted.

MESSAGE FROM THE SENATE

April 18, 2003

Mr. Speaker:

The President has signed:

SUBSTITUTE SENATE BILL NO. 5051,

SUBSTITUTE SENATE BILL NO. 5120,

SUBSTITUTE SENATE BILL NO. 5358,

SUBSTITUTE SENATE BILL NO. 5409,

SENATE BILL NO. 5507,

SENATE BILL NO. 5662,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

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

POINT OF PERSONAL PRIVILEGE

Representative Upthegrove resigned his position as Assistant Caucus Whip.

There being no objection, the House adjourned until 10:00 a.m., April 21, 2003, the 99^th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk