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NINETY- FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, April 16, 2003

The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Honeyford, Morton, Parlette and Roach. On motion of Senator Hewitt, Senators Honeyford, Morton and Roach were excused.

The Sergeant at Arms Color Guard, consisting of Pages Janna Charles and Karen Linde, presented the Colors. Reverend Devin Backholm, pastor of the Christian Life Fellowship in Aberdeen, and a guest of Senator Jim Hargrove, offered the prayer.

MOTION

On motion of Senator Sheahan, the reading of the Journal of the previous day was dispensed with and it was approved.

INTRODUCTION AND FIRST READING

SB 6077 by Senators Thibaudeau, Keiser, Kline, Franklin, Kohl-Welles, Shin, Regala, B. Sheldon, Kastama, Jacobsen, McAuliffe, Fairley, Prentice, Hargrove, Reardon and Eide

AN ACT Relating to patient safety; amending RCW 43.70.110 and 43.70.250; adding new sections to chapter 43.70 RCW; and adding a new section to chapter 7.70 RCW.

Referred to Committee on Health and Long-Term Care.

SB 6078 by Senators Prentice, Swecker, Hargrove, Rasmussen, Fairley, Oke, Franklin, Kline, Regala, Stevens and Thibaudeau

AN ACT Relating to limiting house-banked cardrooms; amending RCW 9.46.0282; adding a new section to chapter 9.46 RCW; and providing an effective date.

Referred to Committee on Commerce and Trade.

SCR 8409 by Senators Benton, Rossi and Esser

Exempting Senate Joint Memorials 8005 and 8006 from SCR 8400.

HOLD.

MOTION

On motion of Senator Sheahan, Senate Concurrent Resolution No. 8409 was held at the desk.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Esser, Gubernatorial Appointment No. 9074, Stuart McKee, as the Director of the Department of Information Services, was confirmed.

Senators Esser, Reardon and Finkbeiner spoke to the confirmation of Stuart McKee as Director of the Department of Information Services.

APPOINTMENT OF STUART McKEE

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Absent: Senator Parlette - 1.

Excused: Senators Honeyford, Morton and Roach - 3.

INTRODUCTION OF SPECIAL GUEST

The President welcomed and introduced Stuart McKee, the new Director of the Department of Information Services, who was seated in the back of the chamber.

MOTION

On motion of Senator Reardon, the following resolution was adopted:

SENATE RESOLUTION 8629

By Senators Reardon, Shin, Schmidt, McCaslin, Franklin, Rasmussen, Haugen, Fraser and McAuliffe

WHEREAS, Fran Wilfred Agnes passed away on February 9, 2003, at the age of eighty; and

WHEREAS, He is survived by his spouse, Marlene Agnes, three daughters, two sons, thirteen grandchildren, and five great-grandchildren; and

WHEREAS, He served his country with pride for twenty-two years, including seven years in the United States Army Air Corp and fifteen years in the United States Air Force, retiring with the rank of Captain in 1961; and

WHEREAS, He was held as a prisoner of war for three and one-half years, endured the infamous Bataan Death March on April 9, 1942, and was liberated from the Hiro Hata prison camp in October 1945; and

WHEREAS, After retiring from the Air Force and returning to civilian life, he continued to serve his country with pride as an employee of the Washington State Job Service for twenty-five years from 1962 to 1987, retiring as Operations Manager in Spokane, Washington; and

WHEREAS, His dedication to improving each community in which he lived was unselfish and untiring; and

WHEREAS, He worked with determination for the betterment of veterans and their families in the state of Washington; and

WHEREAS, His efforts were instrumental in ensuring that veterans received proper recognition for their contribution to their country, including promoting legislation to honor veterans with a color guard at their funerals; and

WHEREAS, His leadership was instrumental in the establishment of Tahoma National Cemetery at Kent, Washington, which was dedicated September 26, 1997, and opened for interments October 1, 1997; and

WHEREAS, He was an active member of the American Ex-Prisoners of War and was installed as National Commander of this great organization, serving with pride from 1990-1991, and also served as National Convention Site Chairman, American Ex-POWs; and

WHEREAS, He coached Little League baseball for twenty years, bringing National League Junior Baseball to Spokane, and was a major force in the building of many baseball fields throughout the area; and

WHEREAS, He participated as a valuable member of the American Defenders of Bataan and Corregidor; the Polish Legion of American Veterans, USA; the American Legion; Disabled American Veterans; Veterans of Foreign Wars; National Association of Uniformed Services; Military Officers; the Everett Elks; Wenatchee Eagles Aerie #204; Chair of Tahoma National Cemetery Support Group; member of the Washington State Governor's Veterans Affairs Advisory Committee; Board member of Snohomish County Human Services Veterans Assistance Board; committee member of Washington State WWII Veterans; and Chair of Washington State's Veterans Legislation Committee; and

WHEREAS, He touched the lives of many with his tireless commitment to his country, his enthusiastic approach to everything he accomplished, and his warm sense of humor; and

WHEREAS, He will be missed by all who had the good fortune to know him;

NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate, on behalf of the people of our state, recognize the life of Fran Wilfred Agnes and express its appreciation for his many outstanding achievements and contributions to the citizens of the state of Washington and to the United States of America.

Senators Reardon, Schmidt, Shin and Franklin spoke to Senate Resolution 8629.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Marlene Agnes, the wife of Fran Agnes, and his daughter, Rose Marie Dennis, as well as John King, Director of Veteran Affairs for the state of Washington, who were seated in the back of the Chamber.

MOTION

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

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1291, by House Committee on Local Government (originally sponsored by Representatives Blake, Schindler, Hatfield, Romero and Mielke)

Providing for elections for flood control zone district supervisors.

The bill was read the second time.

MOTION

On motion of Senator Sheahan, the rules were suspended, Substitute House Bill No. 1291 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1291.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1291 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

Absent: Senator Esser - 1.

Excused: Senator Morton - 1.

SUBSTITUTE HOUSE BILL NO. 1291, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1721, by House Committee on Health Care (originally sponsored by Representatives Moeller, Boldt, Fromhold and Wallace)

Concerning dentistry.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1721 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1721.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1721 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

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

Absent: Senator Esser - 1.

SUBSTITUTE HOUSE BILL NO. 1721, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Sheahan, Senator Esser was excused.

SECOND READING

HOUSE BILL NO. 1170, by Representatives Romero, Hunt, Cooper, Simpson and Chase

Limiting restrictions on residential day-care facilities.

The bill was read the second time.

MOTION

On motion of Senator Roach, the rules were suspended, House Bill No. 1170 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1170.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No 1170 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

Excused: Senator Esser - 1.

HOUSE BILL NO. 1170, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1379, by Representatives Ericksen, Bush and Anderson

Authorizing agreements for traffic control.

The bill was read the second time.

MOTION

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW to read as follows:

State, local, or county law enforcement personnel may enforce speeding violations under RCW 46.61.400 on private roads within a community organized under chapter 64.38 RCW if:

(1) A majority of the homeowner's association's board of directors votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower than twenty miles per hour;

(2) A written agreement regarding the speeding enforcement is signed by the homeowner's association president and the chief law enforcement official of the city or county within whose jurisdiction the private road is located;

(3) The homeowner's association has provided written notice to all of the homeowners describing the new authority to issue speeding infractions; and

(4) Signs have been posted declaring the speed limit at all vehicle entrances to the community."

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

On line 2 of the title, after "personnel;" strike the remainder of the title and insert "and adding a new section to chapter 46.61 RCW."

MOTION

On motion of Senator Horn, the rules were suspended, House Bill No 1379, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Benton: “Senator Horn, in your comments, you mentioned that this would be allowable if it was done by agreement. I would like to have some elaboration on that, because as I read the bill it actually says, ‘the city and town may exercise travel control restriction over any private road or street.’ So, I am a little concerned that we may granting extensive authority to cities, towns or counties to exercise traffic control authority over private roads that are owned privately by people. That would cause me some great concern. I don’t see where it allows provisions for the agreement or for the agreement to be broken. Can you clarify that for me, please?”

Senator Horn: “Yes, Senator Benton. I think you are addressing the very thing that we addressed in committee and you are looking at the original bill instead of the striking amendment that we are talking about. The striking amendment very specifically says that state, local or county enforcement personnel may enforce speeding violations under RCW 46.61.400 or on private roads within communities organized under Chapter 64.38 RCW, if a whole set of conditions exist. So, that is what we did in committee to tighten this bill up very specifically. Thank you for your question.”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1379, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1379, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Voting nay: Senators Benton, Morton, Mulliken and Stevens - 4.

HOUSE BILL NO. 1379, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1905, by Representatives Gombosky, Buck, Lantz, Tom, Pettigrew, Rockefeller, Skinner, Fromhold, Benson, Kagi, Kessler, Clibborn, Nixon, Kenney, Moeller, Conway, Hudgins, Santos and McDermott

Providing a limited property tax exemption for the use of facilities by artistic, scientific, and historical organizations.

The bill was read the second time.

MOTION

On motion of Senator Rossi, the following Committee on Ways and Means striking amendment not adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 84.36.060 and 1995 c 306 s 1 are each amended to read as follows:

(1) The following property shall be exempt from taxation:

(((1))) (a) All art, scientific, or historical collections of associations maintaining and exhibiting such collections for the benefit of the general public and not for profit, together with all real and personal property of such associations used exclusively for the safekeeping, maintaining and exhibiting of such collections; ((and))

(b) All the real and personal property owned by or leased to associations engaged in the production and performance of musical, dance, artistic, dramatic, or literary works for the benefit of the general public and not for profit, which real and personal property is used exclusively for this production or performance;

(c) All fire engines and other implements used for the extinguishment of fire, and the buildings used exclusively for their safekeeping, and for meetings of fire companies, as long as the property belongs to any city or town or to a fire company; and

(d) All property owned by humane societies in this state in actual use by the societies.

(((a))) (2) To receive ((this)) an exemption under subsection (1)(a) or (b) of this section:

(a) An organization must be organized and operated exclusively for artistic, scientific, historical, literary, musical, dance, dramatic, or educational purposes and receive a substantial part of its support (exclusive of income received in the exercise or performance by such organization of its purpose or function) from the United States or any state or any political subdivision thereof or from direct or indirect contributions from the general public.

(b) If the property is not currently being used for an exempt purpose but will be used for an exempt purpose within a reasonable period of time, the nonprofit organization, association, or corporation claiming the exemption must submit proof that a reasonably specific and active program is being carried out to construct, remodel, or otherwise enable the property to be used for an exempt purpose. The property does not qualify for an exemption during this interim period if the property is used by, loaned to, or rented to a for-profit organization or business enterprise. Proof of a specific and active program to build or remodel the property so it may be used for an exempt purpose may include, but is not limited to:

(i) Affirmative action by the board of directors, trustees, or governing body of the nonprofit organization, association, or corporation toward an active program of construction or remodeling;

(ii) Itemized reasons for the proposed construction or remodeling;

(iii) Clearly established plans for financing the construction or remodeling; or

(iv) Building permits.

(((c) Notwithstanding (b) of this subsection, a for-profit limited partnership created to provide facilities for the use of nonprofit art, scientific, or historical organizations qualifies for the exemption under (b) of this subsection through 1997 if the for-profit limited partnership otherwise qualifies under (b) of this subsection.

(2) All fire engines and other implements used for the extinguishment of fire, with the buildings used exclusively for the safekeeping thereof, and for meetings of fire companies, provided such properties belong to any city or town or to a fire company therein.))

(3) ((Property owned by humane societies in this state in actual use by such societies)) The use of property exempt under subsection (1)(b) of this section by entities not eligible for a property tax exemption under this chapter, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified if:

(a) The property is used by entities not eligible for a property tax exemption under this chapter for periods of not more than fifteen days in the calendar year;

(b) The property is not used for pecuniary gain or to promote business activities for more than seven of the fifteen days in the calendar year;

(c) The property is used for the production and performance of musical, dance, artistic, dramatic, or literary works or for community gatherings or assembly, or meetings; and

(d) The amount of any rent or donations is reasonable and does not exceed maintenance and operation expenses created by the user.

Sec. 2. RCW 84.36.805 and 2001 1st sp.s. c 7 s 2 are each amended to read as follows:

(1) In order to qualify for an exemption under this chapter ((and RCW 84.36.560)), the nonprofit organizations, associations, or corporations must satisfy the conditions in this section.

(2) The property must be used exclusively for the actual operation of the activity for which exemption is granted, unless otherwise provided, and does not exceed an amount reasonably necessary for that purpose, except:

(a) The loan or rental of the property does not subject the property to tax if:

(i) The rents and donations received for the use of the portion of the property are reasonable and do not exceed the maintenance and operation expenses attributable to the portion of the property loaned or rented; and

(ii) Except for the exemptions under RCW 84.36.030(4) ((and)), 84.36.037, and 84.36.060(1)(b), the property would be exempt from tax if owned by the organization to which it is loaned or rented;

(b) The use of the property for fund-raising activities does not subject the property to tax if the fund-raising activities are consistent with the purposes for which the exemption is granted.

(3) The property must be irrevocably dedicated to the purpose for which exemption has been granted, and on the liquidation, dissolution, or abandonment by said organization, association, or corporation, said property will not inure directly or indirectly to the benefit of any shareholder or individual, except a nonprofit organization, association, or corporation which too would be entitled to property tax exemption. This property need not be irrevocably dedicated if it is leased or rented to those qualified for exemption under this chapter or RCW 84.36.560 for leased property, but only if under the terms of the lease or rental agreement the nonprofit organization, association, or corporation receives the benefit of the exemption.

(4) The facilities and services must be available to all regardless of race, color, national origin or ancestry.

(5) The organization, association, or corporation must be duly licensed or certified where such licensing or certification is required by law or regulation.

(6) Property sold to organizations, associations, or corporations with an option to be repurchased by the seller shall not qualify for exempt status. This subsection does not apply to property sold to a nonprofit entity, as defined in RCW 84.36.560(7), by:

(a) A nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code;

(b) A governmental entity established under RCW 35.21.660, 35.21.670, or 35.21.730;

(d) A housing authority meeting the definition in RCW 35.82.210(2)(a); or

(e) A housing authority established under RCW 35.82.300.

(7) The department shall have access to its books in order to determine whether the nonprofit organization, association, or corporation is exempt from taxes under this chapter ((and RCW 84.36.560)).

(8) This section does not apply to exemptions granted under RCW 84.36.020, 84.36.032, 84.36.250, and 84.36.260."

MOTION

Senator Honeyford moved that the following striking amendment by Senators Honeyford and Rossi be adopted: Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 84.36.060 and 1995 c 306 s 1 are each amended to read as follows:

(1) The following property shall be exempt from taxation:

(d) All property owned by humane societies in this state in actual use by the societies.

(((a))) (2) To receive ((this)) an exemption under subsection (1)(a) or (b) of this section:

(i) Affirmative action by the board of directors, trustees, or governing body of the nonprofit organization, association, or corporation toward an active program of construction or remodeling;

(ii) Itemized reasons for the proposed construction or remodeling;

(iii) Clearly established plans for financing the construction or remodeling; or

(iv) Building permits.

(3) ((Property owned by humane societies in this state in actual use by such societies)) The use of property exempt under subsection (1)(a) or (b) of this section by entities not eligible for a property tax exemption under this chapter, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified if:

(a) The property is used by entities not eligible for a property tax exemption under this chapter for periods of not more than fifteen days in the calendar year;

(b) The property is not used for pecuniary gain or to promote business activities for more than seven of the fifteen days in the calendar year;

(c) The property is used for artistic, scientific, or historic purposes, for the production and performance of musical, dance, artistic, dramatic, or literary works, or for community gatherings or assembly, or meetings; and

(d) The amount of any rent or donations is reasonable and does not exceed maintenance and operation expenses created by the user.

Sec. 2. RCW 84.36.805 and 2001 1st sp.s. c 7 s 2 are each amended to read as follows:

(1) In order to qualify for an exemption under this chapter ((and RCW 84.36.560)), the nonprofit organizations, associations, or corporations must satisfy the conditions in this section.

(a) The loan or rental of the property does not subject the property to tax if:

(ii) Except for the exemptions under RCW 84.36.030(4) ((and)), 84.36.037, and 84.36.060(1)(a) and (b), the property would be exempt from tax if owned by the organization to which it is loaned or rented;

(b) The use of the property for fund-raising activities does not subject the property to tax if the fund-raising activities are consistent with the purposes for which the exemption is granted.

(4) The facilities and services must be available to all regardless of race, color, national origin or ancestry.

(5) The organization, association, or corporation must be duly licensed or certified where such licensing or certification is required by law or regulation.

(a) A nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code;

(b) A governmental entity established under RCW 35.21.660, 35.21.670, or 35.21.730;

(d) A housing authority meeting the definition in RCW 35.82.210(2)(a); or

(e) A housing authority established under RCW 35.82.300.

(7) The department shall have access to its books in order to determine whether the nonprofit organization, association, or corporation is exempt from taxes under this chapter ((and RCW 84.36.560)).

(8) This section does not apply to exemptions granted under RCW 84.36.020, 84.36.032, 84.36.250, and 84.36.260."

Renumber the sections consecutively and correct any internal references accordingly.

MOTION

Senator Rossi moved that the following amendments to the striking amendment by Senators Honeyford and Rossi be considered simultaneously and be adopted:

On page 2, line 35, of the amendment, after "not more than", strike "fifteen" and insert "twenty-five"

On page 2, line 38 of the amendment, after "of the" strike "fifteen" and insert "twenty-five"

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Honeyford and Rossi on page 2, lines 35 and 38, to the striking amendment by Senators Honeyford and Rossi to House Bill No. 1907.

The motion by Senator Rossi carried and the amendments to the striking amendment were adopted.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Honeyford and Rossi, as amended, to House Bill No. 1907.

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

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

On page 1, line 4 of the title, after "works;" strike the remainder of the title and insert "and amending RCW 84.36.060 and 84.36.805."

MOTION

On motion of Senator Rossi the rules were suspended, House Bill No 1905, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1905, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1905, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

Voting nay: Senator Kastama - 1.

HOUSE BILL NO. 1905, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

PERSONAL PRIVILEGE

Senator Thibaudeau: “A point of personal privilege, Mr. President. Mr. President and members of the Senate, I feel compelled to rise on this occasion and talk about the tragedy of the looting of the museums and libraries in Iraq. We are very fortunate here and I just want to comment and to remind us all. Thank you.”

SECOND READING

HOUSE BILL NO. 1635, by Representatives Pettigrew, Boldt, Kagi, Edwards and Kenney (by request of Department of Social and Health Services)

Revising reporting requirements for income and resources under the public assistance program.

The bill was read the second time.

MOTION

On motion of Senator Stevens, the following Committee on Children and Family Services and Corrections striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 74.04.300 and 1998 c 79 s 7 are each amended to read as follows:

If a recipient receives public assistance and/or food stamps or food stamp benefits transferred electronically for which the recipient is not eligible, or receives public assistance and/or food stamps or food stamp benefits transferred electronically in an amount greater than that for which the recipient is eligible, the portion of the payment to which the recipient is not entitled shall be a debt due the state recoverable under RCW 43.20B.030 and 43.20B.620 through 43.20B.645. It shall be the duty of recipients of ((public assistance and/or food stamps or food stamp)) cash benefits ((transferred electronically)) to notify the department ((within twenty days of the receipt or possession of all income or resources not previously declared to the department)) of changes to earned income as defined in RCW 74.04.005(11). It shall be the duty of recipients of cash benefits to notify the department of changes to liquid resources as defined in RCW 74.04.005(10) that they believe would make them ineligible for cash benefits. It shall be the duty of recipients of food benefits to report changes in income that they believe would make them ineligible for food benefits. All recipients shall report changes required in this section by the tenth of the month following the month in which the change occurs. The department shall adopt rules consistent with federal law and regulations for additional reporting requirements. The department shall advise applicants for assistance that failure to report as required, failure to reveal resources or income, and false statements will result in recovery by the state of any overpayment and may result in criminal prosecution.

The department shall make a determination regarding eligibility and notify the recipient within thirty days from the time the recipient reports a change as required by this section. If the department fails to notify the recipient within this time frame, the department forfeits any right to recover the overpayment."

MOTION

Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 74.04.300 and 1998 c 79 s 7 are each amended to read as follows:

If a recipient receives public assistance and/or food stamps or food stamp benefits transferred electronically for which the recipient is not eligible, or receives public assistance and/or food stamps or food stamp benefits transferred electronically in an amount greater than that for which the recipient is eligible, the portion of the payment to which the recipient is not entitled shall be a debt due the state recoverable under RCW 43.20B.030 and 43.20B.620 through 43.20B.645. It shall be the duty of recipients of ((public assistance and/or food stamps or food stamp)) cash benefits ((transferred electronically)) to notify the department ((within twenty days of the receipt or possession of all income or resources not previously declared to the department)) of changes to earned income as defined in RCW 74.04.005(11). It shall be the duty of recipients of cash benefits to notify the department of changes to liquid resources as defined in RCW 74.04.005(10) that would result in ineligibility for cash benefits. It shall be the duty of recipients of food benefits to report changes in income that result in ineligibility for food benefits. All recipients shall report changes required in this section by the tenth of the month following the month in which the change occurs. The department shall make a determination of eligibility within ten days from the date it receives the reported change from the recipient. The department shall adopt rules consistent with federal law and regulations for additional reporting requirements. The department shall advise applicants for assistance that failure to report as required, failure to reveal resources or income, and false statements will result in recovery by the state of any overpayment and may result in criminal prosecution."

POINT OF INQUIRY

Senator Fairley: “Senator Hargrove, what happens if the agency is unable to make this determination within ten days?”

Senator Hargrove: “They told me that that was their practice. They are doing it within ten days now. The original bill just basically said, ‘go forth and do good.’ I wanted them to put in the code exactly what they are doing, so they couldn’t change it on us later.”

Senator Fairley: “Thank you.”

POINT OF INQUIRY

Senator Thibaudeau: “Senator Hargrove, how many FTEs are required to do this--under you amendment?”

Senator Hargrove: “There will be no more. This is current practice–what they are doing. The bill is intended to simplify the reporting and this will bring them into line with exactly what their current practice is.”

Senator Thibaudeau: “So, the sanctions mentioned in the bill report could amount to millions of dollars--could not be offered”

Senator Hargrove: “That is the point. We are potentially at risk as a state of losing several million dollars, because of our error rate on either accepting or not accepting people under these programs.”

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to House Bill No. 1635.

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

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

On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "and amending RCW 74.04.300."

MOTION

On motion of Senator Stevens, the rules were suspended, House Bill No 1635, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1635, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1635, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

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

Absent: Senator Deccio - 1.

HOUSE BILL NO. 1635, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1852, by House Committee on Higher Education (originally sponsored by Representatives Schual-Berke, Conway, Cox, Cody, Kenney, Pflug, Clements, O'Brien, Chase, Morrell, Veloria and Skinner)

Facilitating collaboration among health care work force stakeholders to address the health care personnel shortage.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Engrossed Substitute House Bill No. 1852 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1852.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1852 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1852, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2040, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Santos and Benson (by request of Insurance Commissioner Kreidler)

Establishing liability for taxes on unlawful or delinquent insurers or taxpayers.

The bill was read the second time.

MOTION

On motion of Senator Benton, the rules were suspended, Substitute House Bill No. 2040 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2040.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2040 and the bill passed the Senate by the following vote:

Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SUBSTITUTE HOUSE BILL NO. 2040, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Sheahan, Senator Zarelli was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1250, by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Eickmeyer, Schoesler, Linville, Sump, Quall and Mielke) (by request of Commissioner of Public Lands Sutherland)

Determining annual rental rates for the lease of state-owned aquatic lands for qualifying marinas.

The bill was read the second time.

MOTION

Senator Morton moved that the following Committee on Natural Resources, Energy and Water striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 79.90.480 and 1998 c 185 s 2 are each amended to read as follows:

Except as otherwise provided by this chapter, annual rent rates for the lease of state-owned aquatic lands for water-dependent uses shall be determined as follows:

(1)(a) The assessed land value, exclusive of improvements, as determined by the county assessor, of the upland tax parcel used in conjunction with the leased area or, if there are no such uplands, of the nearest upland tax parcel used for water-dependent purposes divided by the parcel area equals the upland value.

(b) The upland value times the area of leased aquatic lands times thirty percent equals the aquatic land value.

(2) As of July 1, 1989, and each July 1 thereafter, the department shall determine the real capitalization rate to be applied to water- dependent aquatic land leases commencing or being adjusted under subsection (3)(a) of this section in that fiscal year. The real capitalization rate shall be the real rate of return, except that until June 30, 1989, the real capitalization rate shall be five percent and thereafter it shall not change by more than one percentage point in any one year or be more than seven percent or less than three percent.

(3) The annual rent shall be:

(a) Determined initially, and redetermined every four years or as otherwise provided in the lease, by multiplying the aquatic land value times the real capitalization rate; and

(b) Adjusted by the inflation rate each year in which the rent is not determined under subsection (3)(a) of this section.

(4) If the upland parcel used in conjunction with the leased area is not assessed or has an assessed value inconsistent with the purposes of the lease, the nearest comparable upland parcel used for similar purposes shall be substituted and the lease payment determined in the same manner as provided in this section.

(5) For the purposes of this section, "upland tax parcel" is a tax parcel, some portion of which has upland characteristics. Filled tidelands or shorelands with upland characteristics which abut state- owned aquatic land shall be considered as uplands in determining aquatic land values.

(6) The annual rent for filled state-owned aquatic lands that have the characteristics of uplands shall be determined in accordance with RCW 79.90.500 in those cases in which the state owns the fill and has a right to charge for the fill.

(7)(a) For leases for marina uses only, ((beginning on June 11, 1998)) as of July 1, 2004, ((the annual rental rates in effect on December 31, 1997, shall remain in effect until July 1, 1999, at which time the annual water-dependent rent shall be determined by the method in effect at that time. In order to be eligible for the rate to remain at this level, a marina lease must be in good standing, meaning that the lessee must be current with payment of rent, the lease not expired or in approved holdover status, and the lessee not in breach of other terms of the agreement)) lease rates will be a percentage of the annual gross revenues generated by that marina. It is the intent of the legislature that additional legislation be enacted prior to July 1, 2004, to establish the percentage of gross revenues that will serve as the basis for a marina's rent and a definition of gross revenues. Annual rent must be recalculated each year based upon the marina's gross revenues from the previous year, as reported to the department consistent with this subsection (7).

(b) By December 31, 2003, the department will develop a recommended formula for calculating marina rents consistent with this subsection (7) and report the recommendation to the legislature. The formula recommended by the department must include a percentage or a range of percentages of gross revenues, a system for implementing such percentages, and the designation of revenue sources to be considered for rent calculation purposes. The department must also ensure, given the available information, that the rent formula recommended by the department is initially calculated to maintain state proceeds from marina rents as of July 1, 2003, and that if the department does not receive income reporting forms representing at least ninety percent of the projected annual marina revenue and at least seventy-five percent of all marinas, the current model for calculating marina rents, as described in subsections (1) through (6) of this section, will continue to be the method used to calculate marina rents, and the income method, as described in (a) of this subsection, will not be applied. In addition to the percent of marina income, the department shall determine its direct administrative costs (cost of hours worked directly on applications and leases, based on salaries and benefits, plus travel reimbursement and other actual out-of-pocket costs) to calculate, audit, execute, and monitor marina leases, and shall recover these costs from lessees. All administrative costs recovered by the department must be deposited into the resource management cost account created in RCW 79.64.020. Prior to making recommendations to the legislature, a work session consisting of the department, marina owners, and stakeholders must be convened to discuss the rate-setting criteria. The legislature directs the department to deliver recommendations to the legislature by December 2003, including any minority reports by the participating parties.

(c) When developing its recommendation for a marina lease formula consistent with this subsection (7), the department shall ensure that the percentage of revenue established is applied to the income of the direct lessee, as well as to the income of any person or entity that subleases, or contracts to operate the marina, with the direct lessee, less the amount paid by the sublease to the direct lessee.

(d) All marina operators under lease with the department must return to the department an income reporting form, provided by the department, and certified by a licensed certified public accountant, before July 1, 2003, and again annually on a date set by the department. On the income reporting form, the department may require a marina to disclose to the department any information about income from all marina-related sources, excluding restaurants and bars. All income reports submitted to the department are subject to either audit or verification, or both, by the department, and the department may inspect all of the lessee's books, records, and documents, including state and federal income tax returns relating to the operation of the marina and leased aquatic lands at all reasonable times. If the lessee fails to submit the required income reporting form once the new method for calculating marina rents is effective, the department may conduct an audit at the lessee's expense or cancel the lease.

(e) Initially, the marina rent formula developed by the department pursuant to (b) of this subsection will be applied to each marina on its anniversary date, beginning on July 1, 2004, and will be based on that marina's 2003 income information. Thereafter, rents will be recalculated each year, based on the marina's gross revenue from the previous year.

(f) No marina lease may be for less than five hundred dollars plus direct administrative costs.

(8) For all new leases for ((marinas, or any)) other water- dependent uses, issued after December 31, 1997, the initial annual water-dependent rent shall be determined by the methods in subsections (1) through (6) of this section.

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

Debate ensued.

The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Energy and Water striking amendment to Substitute House Bill No. 1250.

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

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

On page 1, line 2 of the title, after "moorage;" strike the remainder of the title and insert "amending RCW 79.90.480; and declaring an emergency."

MOTION

On motion of Senator Morton, the rules were suspended, Substitute House Bill No 1250, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1250, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1250, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

Excused: Senator Zarelli - 1.

SUBSTITUTE HOUSE BILL NO. 1250, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1153, by House Committee on State Government (originally sponsored by Representatives Haigh, Miloscia, Armstrong, Hunt, Nixon, Shabro and Mielke) (by request of Secretary of State Reed)

Managing confidential records.

The bill was read the second time.

MOTION

On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1153 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1153.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1153 and the bill passed the Senate by the following vote:

Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

Excused: Senator Zarelli - 1.

SUBSTITUTE HOUSE BILL NO. 1153, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1102, by Representatives Murray, Ericksen, Rockefeller, Wood and Mielke

Revising the provision for exchange agreements for environmental mitigation sites.

The bill was read the second time.

MOTION

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

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 47.12.370 and 2002 c 188 s 1 are each amended to read as follows:

(1) The department may enter into exchange agreements with local, state, or federal agencies, tribal governments, or private nonprofit ((groups incorporated in this state that are organized for environmental conservation purposes)) nature conservancy corporations as defined in RCW 64.04.130, to convey properties under the jurisdiction of the department that serve as environmental mitigation sites, as full or part consideration for the grantee assuming all future maintenance and operation obligations and costs required to maintain and operate the environmental mitigation site in perpetuity.

(2) Tribal governments shall only be eligible to participate in an exchange agreement if they:

(a) Provide the department with a valid waiver of their tribal sovereign immunity from suit. The waiver must allow the department to enforce the terms of the exchange agreement or quitclaim deed in state court; and

(b) Agree that the property shall not be placed into trust status.

(3) The conveyances must be by quitclaim deed, or other form of conveyance, executed by the secretary of transportation, and must expressly restrict the use of the property to a mitigation site consistent with preservation of the functions and values of the site, and must provide for the automatic reversion to the department if the property is not used as a mitigation site or is not maintained in a manner that complies with applicable permits, laws, and regulations pertaining to the maintenance and operation of the mitigation site."

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

On page 1, line 2 of the title, after "sites;" strike the remainder of the title and insert "and amending RCW 47.12.370."

MOTION

On motion of Senator Horn, the rules were suspended, House Bill No 1102, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Oke: “Senator Horn, you mentioned the nature conservancy organization. Would that include organizations such as the regional fisheries enhancement groups?”

Senator Horn: “Senator Oke, that would include central organizations, yes.”

Senator Oke: “Thank you.”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1102, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1102, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

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

Voting nay: Senators Morton, Mulliken and Stevens - 3.

HOUSE BILL NO. 1102, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1278, by House Committee on Finance (originally sponsored by Representatives Conway, Cairnes, Kirby and Bush)

Listing property for tax purposes.

The bill was read the second time.

MOTION

On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1278 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1278.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1278, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SUBSTITUTE HOUSE BILL NO. 1278, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1837, by House Committee on Health Care (originally sponsored by Representatives Linville, Cody, Haigh, Schual-Berke, Santos, Morrell, Veloria and Chase)

Authorizing certain fire protection districts to establish health clinic services.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1837 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1837.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1837 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SUBSTITUTE HOUSE BILL NO. 1837, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1179, by Representatives Veloria, Roach, Bush, Kenney, Kessler, Grant and Chase (by request of Lieutenant Governor Owen)

Renaming the legislative committee on economic development the legislative committee on economic development and international relations.

The bill was read the second time.

MOTION

On motion of Senator Tim Sheldon, the rules were suspended, House Bill No. 1179 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1179.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1179 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Absent: Senator Deccio - 1.

HOUSE BILL NO. 1179, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1609, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives O'Brien and Buck) (by request of Sentencing Guidelines Commission)

Requiring a plan to establish pilot regional correctional facilities.

The bill was read the second time.

MOTION

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that numerous changes to the sentencing reform act, chapter 9.94A RCW, as reported by the sentencing guidelines commission, have resulted in increases in the length of local jail and state prison sentences and in the number of local jail and state prison inmates. The intent of the sentencing reform act, particularly provisions regarding protection of the public, reduction of the risk of reoffense, and making frugal use of state and local government resources, would best be served, in many instances, by local and state corrections authorities sharing resources and jurisdiction over regional correctional facilities.

NEW SECTION. Sec. 2. (1) Not later than December 31, 2003, the sentencing guidelines commission shall present to the legislature a plan for establishing pilot regional correctional facilities.

(2) The plan for establishing pilot regional correctional facilities must include, but is not limited to, the following:

(a) A plan for increasing the space availability in local and county jails for pretrial detainees;

(b) An efficient and effective plan for joint use of total confinement beds by local and state government;

(c) A description of proposed shared and/or revised jurisdiction and operational responsibility, including the possibility of establishing a regional corrections authority;

(d) A summary of proposed changes to the criminal code reflecting revised housing jurisdiction;

(e) A plan to account for the inmate population eligible for placement in pilot regional correctional facilities which includes: Pretrial detainees, inmates serving sentences of sixty days to twenty- four months, and inmates serving terms of confinement totaling more than one year.

(I) Other than pretrial detainees, only inmates serving sentences of sixty days to twenty-four months are eligible for placement in regional correctional facilities.

(ii) Regional correctional facilities must accept inmates serving terms of confinement totaling more than one year;

(f) A review of treatment services and programs intended to meet the needs of special populations including drug and substance abuse, mental health, and special medical needs;

(g) An estimate of potential benefits to local and county jail operators and to the state, which could be realized by implementation of pilot programs;

(h) A proposed method for identifying pilot regional correctional facility sites;

(I) A methodology for evaluating the costs benefit of operation of pilot facilities; and

(j) Recommendations for sharing capacity, resources, and funding of the construction and operation cost of the facilities."

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

On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "and creating new sections."

MOTION

On motion of Senator Stevens, the rules were suspended, Substitute House Bill No 1609, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1609, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1609, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SUBSTITUTE HOUSE BILL NO. 1609, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1689, by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Linville, Schoesler, Cooper, Chandler, Holmquist and Hatfield)

Implementing the federal permit requirements for municipal separate storm sewer system permits.

The bill was read the second time.

MOTION

Senator Morton moved that the following Committee on Natural Resources, Energy and Water striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature intends to provide direction to the department of ecology and to municipalities regarding the development and implementation in Washington of phase two of the national pollutant discharge elimination system permit program required by the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

NEW SECTION. Sec. 2. (1) The department of ecology shall establish a permit development advisory group for the geographic areas draining to Puget Sound in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group, which may include up to eighteen members, of which at least half shall be representatives of local government, shall:

(a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and

(b) Advise and assist the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in western Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 3. (1) The department of ecology shall develop a municipal separate storm sewer system permit or permits that address the issues and needs of municipalities operating these systems in eastern Washington. The department shall use the existing storm water advisory group it has established in eastern Washington to advise and assist the department regarding permits for municipal separate storm sewer systems to be issued in eastern Washington. The eastern Washington storm water advisory group shall:

(a) Review and address the issues specified in section 5 of this act as they pertain to eastern Washington and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and

(b) Assist and advise the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in eastern Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 4. (1) The department of ecology shall establish a permit development advisory group for the coastal and southwest areas in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group shall:

(a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department requests advice and assistance; and

(b) Advise and assist the department in drafting a permit or permits for municipal separate storm sewer systems in coastal and southwest Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 5. (1) The permit development advisory group for Puget Sound areas in western Washington established in section 2 of this act, the eastern Washington storm water advisory group identified in section 3 of this act, and the permit development advisory group for coastal and southwest areas in western Washington established in section 4 of this act shall review and make recommendations to the department of ecology regarding the development of permits for municipal separate storm sewer systems. Issues considered by these groups shall include the:

(a) Types of discharges being regulated under these permits;

(b) Areas being regulated by these permits under phases one and two of the federal national pollutant discharge elimination system permit program as they relate to municipal borders;

(d) Integration of permits and permit requirements for phase one and phase two of the federal national pollutant discharge elimination system permit program;

(e) Application of these permits to ground water discharges;

(f) Level of effort required of municipalities to satisfy permit requirements regarding:

(i) Public education and outreach;

(ii) Public participation and public involvement;

(iii) Illicit discharge detection and elimination;

(iv) Construction site runoff control;

(v) Postconstruction runoff control;

(vi) Pollution prevention and good housekeeping;

(vii) Implementation of applicable total maximum daily loads; and

(viii) Program evaluation and reporting;

(g) Protection for shellfish areas;

(h) Costs and benefits associated with each permit element not required under federal law;

(i) The use of land use planning and existing land use plans and rules as a best management practice for storm water management; and

(j) Potential funding sources for implementation of permit requirements.

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 6. (1) No later than December 1, 2003, the department of ecology shall submit a progress report regarding the work of the western Washington permit development advisory group established in section 2 of this act and the eastern Washington storm water advisory group identified in section 3 of this act to the appropriate committees of the legislature.

(2) After the permits are developed but no later than December 1, 2004, the department of ecology shall submit a final report to the appropriate committees of the legislature regarding these permits and the work of the advisory groups. The department shall also identify any legislative recommendations from these groups or from the department based on the work of these groups."

MOTION

On motion of Senator Morton, the following amendments by Senators Morton and Hargrove to the Committee on Natural Resources, Energy and Water striking amendment were considered simultaneously and were adopted:

On page 1, line 20 of the amendment, after "systems" insert "in geographic areas draining to Puget Sound"

On page 3, beginning on line 33 of the amendment, after "the" strike all material through "3" on line 35 of the amendment, and insert "permit development advisory groups established and identified in sections 2, 3, and 4"

The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Energy and Water striking amendment, as amended.

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

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

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

MOTION

On motion of Senator Morton, the rules were suspended, Engrossed Substitute House Bill No 1689, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1689, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1689, as amended by the Senate, and the bill passed the Senate by the following vote:.Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1689, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1350, by Representatives Flannigan and Moeller (by request of Office of the Code Reviser)

Repealing RCW 42.44.040.

The bill was read the second time.

MOTION

On motion of Senator Esser, the rules were suspended, House Bill No. 1350 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1350.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1350 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

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

Absent: Senator Rossi - 1.

HOUSE BILL NO. 1350, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1108, by Representatives Chase, DeBolt, Lovick, Ahern, Moeller, Blake, McCoy, Eickmeyer, Sump, O'Brien, Mielke and Haigh

Establishing penalties for harming a police horse.

The bill was read the second time.

MOTION

Senator Kline moved that the following amendment by Senators Kline and Brandland be adopted:

On page 1, after line 18, insert the following:

"Sec. 2. RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c 290 s 2, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133 s 4 are each reenacted and amended to read as follows:

	TABLE 2
	CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI	Aggravated Murder 1 (RCW 10.95.020)
XV	Homicide by abuse (RCW 9A.32.055)
	Malicious explosion 1 (RCW 70.74.280(1))
	Murder 1 (RCW 9A.32.030)
XIV	Murder 2 (RCW 9A.32.050)
XIII	Malicious explosion 2 (RCW 70.74.280(2))
	Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII	Assault 1 (RCW 9A.36.011)
	Assault of a Child 1 (RCW 9A.36.120)
	Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
	Rape 1 (RCW 9A.44.040)
	Rape of a Child 1 (RCW 9A.44.073)
XI	Manslaughter 1 (RCW 9A.32.060)
	Rape 2 (RCW 9A.44.050)
	Rape of a Child 2 (RCW 9A.44.076)
X	Child Molestation 1 (RCW 9A.44.083)
	Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
	Kidnapping 1 (RCW 9A.40.020)
	Leading Organized Crime (RCW 9A.82.060(1)(a))
	Malicious explosion 3 (RCW 70.74.280(3))
	Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))
	Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
	Sexually Violent Predator Escape (RCW 9A.76.115)
IX	Assault of a Child 2 (RCW 9A.36.130)
	Controlled Substance Homicide (RCW 69.50.415)
	Explosive devices prohibited (RCW 70.74.180)
	Hit and Run--Death (RCW 46.52.020(4)(a))
	Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
	Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
	Malicious placement of an explosive 2 (RCW 70.74.270(2))
	Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
	Robbery 1 (RCW 9A.56.200)
	Sexual Exploitation (RCW 9.68A.040)
	Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII	Arson 1 (RCW 9A.48.020)
	Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
	Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
	Manslaughter 2 (RCW 9A.32.070)
	Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))
	Manufacture, deliver, or possess with intent to deliver heroin or cocaine (when the offender has a criminal history in this state or any other state that includes a sex offense or serious violent offense or the Washington equivalent) (RCW 69.50.401(a)(1)(i))
	Possession of Ephedrine or any of its Salts or Isomers or Salts of Isomers, Pseudoephedrine or any of its Salts or Isomers or Salts of Isomers, Pressurized Ammonia Gas, or Pressurized Ammonia Gas Solution with intent to manufacture methamphetamine (RCW 69.50.440)
	Promoting Prostitution 1 (RCW 9A.88.070)
	Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
	Theft of Ammonia (RCW 69.55.010)
	Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII	Burglary 1 (RCW 9A.52.020)
	Child Molestation 2 (RCW 9A.44.086)
	Civil Disorder Training (RCW 9A.48.120)
	Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
	Drive-by Shooting (RCW 9A.36.045)
	Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
	Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
	Introducing Contraband 1 (RCW 9A.76.140)
	Involving a minor in drug dealing (RCW 69.50.401(f))
	Malicious placement of an explosive 3 (RCW 70.74.270(3))
	Manufacture, deliver, or possess with intent to deliver heroin or cocaine (except when the offender has a criminal history in this state or any other state that includes a sex offense or serious violent offense or the Washington equivalent) (RCW 69.50.401(a)(1)(i))
	Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
	Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
	Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
	Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI	Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
	Bribery (RCW 9A.68.010)
	Incest 1 (RCW 9A.64.020(1))
	Intimidating a Judge (RCW 9A.72.160)
	Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
	Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
	Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))
	Rape of a Child 3 (RCW 9A.44.079)
	Theft of a Firearm (RCW 9A.56.300)
	Unlawful Storage of Ammonia (RCW 69.55.020)
V	Abandonment of dependent person 1 (RCW 9A.42.060)
	Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
	Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
	Child Molestation 3 (RCW 9A.44.089)
	Criminal Mistreatment 1 (RCW 9A.42.020)
	Custodial Sexual Misconduct 1 (RCW 9A.44.160)
	Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
	Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
	Extortion 1 (RCW 9A.56.120)
	Extortionate Extension of Credit (RCW 9A.82.020)
	Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
	Incest 2 (RCW 9A.64.020(2))
	Kidnapping 2 (RCW 9A.40.030)
	Perjury 1 (RCW 9A.72.020)
	Persistent prison misbehavior (RCW 9.94.070)
	Possession of a Stolen Firearm (RCW 9A.56.310)
	Rape 3 (RCW 9A.44.060)
	Rendering Criminal Assistance 1 (RCW 9A.76.070)
	Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
	Sexually Violating Human Remains (RCW 9A.44.105)
	Stalking (RCW 9A.46.110)
	Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070(1))
IV	Arson 2 (RCW 9A.48.030)
	Assault 2 (RCW 9A.36.021)
	Assault by Watercraft (RCW 79A.60.060)
	Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
	Cheating 1 (RCW 9.46.1961)
	Commercial Bribery (RCW 9A.68.060)
	Counterfeiting (RCW 9.16.035(4))
	Endangerment with a Controlled Substance (RCW 9A.42.100)
	Escape 1 (RCW 9A.76.110)
	Hit and Run--Injury (RCW 46.52.020(4)(b))
	Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3))
	Identity Theft 1 (RCW 9.35.020(2)(a))
	Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
	Influencing Outcome of Sporting Event (RCW 9A.82.070)
	Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
	Malicious Harassment (RCW 9A.36.080)
	Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))
	Residential Burglary (RCW 9A.52.025)
	Robbery 2 (RCW 9A.56.210)
	Theft of Livestock 1 (RCW 9A.56.080)
	Threats to Bomb (RCW 9.61.160)
	Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
	Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
	Willful Failure to Return from Furlough (RCW 72.66.060)
III	Abandonment of dependent person 2 (RCW 9A.42.070)
	Assault 3 (RCW 9A.36.031)
	Assault of a Child 3 (RCW 9A.36.140)
	Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
	Burglary 2 (RCW 9A.52.030)
	Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
	Criminal Gang Intimidation (RCW 9A.46.120)
	Criminal Mistreatment 2 (RCW 9A.42.030)
	Custodial Assault (RCW 9A.36.100)
	Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
	Escape 2 (RCW 9A.76.120)
	Extortion 2 (RCW 9A.56.130)
	Harassment (RCW 9A.46.020)
	Intimidating a Public Servant (RCW 9A.76.180)
	Introducing Contraband 2 (RCW 9A.76.150)
	Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))
	Malicious Injury to Railroad Property (RCW 81.60.070)
	Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))
	Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
	Patronizing a Juvenile Prostitute (RCW 9.68A.100)
	Perjury 2 (RCW 9A.72.030)
	Possession of Incendiary Device (RCW 9.40.120)
	Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
	Promoting Prostitution 2 (RCW 9A.88.080)
	Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
	Securities Act violation (RCW 21.20.400)
	Tampering with a Witness (RCW 9A.72.120)
	Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)
	Theft of Livestock 2 (RCW 9A.56.080)
	Unlawful Imprisonment (RCW 9A.40.040)
	Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
	Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
	Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
	Willful Failure to Return from Work Release (RCW 72.65.070)
II	Computer Trespass 1 (RCW 9A.52.110)
	Counterfeiting (RCW 9.16.035(3))
	Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
	Escape from Community Custody (RCW 72.09.310)
	Harming a Police or Accelerant Detection Dog or Police Horse (RCW 9A.76.200)
	Health Care False Claims (RCW 48.80.030)
	Identity Theft 2 (RCW 9.35.020(2)(b))
	Improperly Obtaining Financial Information (RCW 9.35.010)
	Malicious Mischief 1 (RCW 9A.48.070)
	Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))
	Possession of phencyclidine (PCP) (RCW 69.50.401(d))
	Possession of Stolen Property 1 (RCW 9A.56.150)
	Theft 1 (RCW 9A.56.030)
	Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
	Trafficking in Insurance Claims (RCW 48.30A.015)
	Unlawful Practice of Law (RCW 2.48.180)
	Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I	Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
	False Verification for Welfare (RCW 74.08.055)
	Forged Prescription (RCW 69.41.020)
	Forged Prescription for a Controlled Substance (RCW 69.50.403)
	Forgery (RCW 9A.60.020)
	Malicious Mischief 2 (RCW 9A.48.080)
	Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))
	Possession of Stolen Property 2 (RCW 9A.56.160)
	Reckless Burning 1 (RCW 9A.48.040)
	Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))
	Theft 2 (RCW 9A.56.040)
	Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))
	Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
	Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
	Vehicle Prowl 1 (RCW 9A.52.095)

Sec. 3. RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c 290 s 7, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133 s 4 are each reenacted and amended to read as follows:

28	TABLE 2
	CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI	Aggravated Murder 1 (RCW 10.95.020)
XV	Homicide by abuse (RCW 9A.32.055)
	Malicious explosion 1 (RCW 70.74.280(1))
	Murder 1 (RCW 9A.32.030)
XIV	Murder 2 (RCW 9A.32.050)
XIII	Malicious explosion 2 (RCW 70.74.280(2))
	Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII	Assault 1 (RCW 9A.36.011)
	Assault of a Child 1 (RCW 9A.36.120)
	Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
	Rape 1 (RCW 9A.44.040)
	Rape of a Child 1 (RCW 9A.44.073)
XI	Manslaughter 1 (RCW 9A.32.060)
	Rape 2 (RCW 9A.44.050)
	Rape of a Child 2 (RCW 9A.44.076)
X	Child Molestation 1 (RCW 9A.44.083)
	Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
	Kidnapping 1 (RCW 9A.40.020)
	Leading Organized Crime (RCW 9A.82.060(1)(a))
	Malicious explosion 3 (RCW 70.74.280(3))
	Sexually Violent Predator Escape (RCW 9A.76.115)
IX	Assault of a Child 2 (RCW 9A.36.130)
	Explosive devices prohibited (RCW 70.74.180)
	Hit and Run--Death (RCW 46.52.020(4)(a))
	Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
	Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
	Malicious placement of an explosive 2 (RCW 70.74.270(2))
	Robbery 1 (RCW 9A.56.200)
	Sexual Exploitation (RCW 9.68A.040)
	Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII	Arson 1 (RCW 9A.48.020)
	Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
	Manslaughter 2 (RCW 9A.32.070)
	Promoting Prostitution 1 (RCW 9A.88.070)
	Theft of Ammonia (RCW 69.55.010)
	Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII	Burglary 1 (RCW 9A.52.020)
	Child Molestation 2 (RCW 9A.44.086)
	Civil Disorder Training (RCW 9A.48.120)
	Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
	Drive-by Shooting (RCW 9A.36.045)
	Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
	Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
	Introducing Contraband 1 (RCW 9A.76.140)
	Malicious placement of an explosive 3 (RCW 70.74.270(3))
	Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
	Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
	Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
	Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI	Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
	Bribery (RCW 9A.68.010)
	Incest 1 (RCW 9A.64.020(1))
	Intimidating a Judge (RCW 9A.72.160)
	Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
	Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
	Rape of a Child 3 (RCW 9A.44.079)
	Theft of a Firearm (RCW 9A.56.300)
	Unlawful Storage of Ammonia (RCW 69.55.020)
V	Abandonment of dependent person 1 (RCW 9A.42.060)
	Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
	Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
	Child Molestation 3 (RCW 9A.44.089)
	Criminal Mistreatment 1 (RCW 9A.42.020)
	Custodial Sexual Misconduct 1 (RCW 9A.44.160)
	Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
	Extortion 1 (RCW 9A.56.120)
	Extortionate Extension of Credit (RCW 9A.82.020)
	Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
	Incest 2 (RCW 9A.64.020(2))
	Kidnapping 2 (RCW 9A.40.030)
	Perjury 1 (RCW 9A.72.020)
	Persistent prison misbehavior (RCW 9.94.070)
	Possession of a Stolen Firearm (RCW 9A.56.310)
	Rape 3 (RCW 9A.44.060)
	Rendering Criminal Assistance 1 (RCW 9A.76.070)
	Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
	Sexually Violating Human Remains (RCW 9A.44.105)
	Stalking (RCW 9A.46.110)
	Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070(1))
IV	Arson 2 (RCW 9A.48.030)
	Assault 2 (RCW 9A.36.021)
	Assault by Watercraft (RCW 79A.60.060)
	Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
	Cheating 1 (RCW 9.46.1961)
	Commercial Bribery (RCW 9A.68.060)
	Counterfeiting (RCW 9.16.035(4))
	Endangerment with a Controlled Substance (RCW 9A.42.100)
	Escape 1 (RCW 9A.76.110)
	Hit and Run--Injury (RCW 46.52.020(4)(b))
	Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3))
	Identity Theft 1 (RCW 9.35.020(2)(a))
	Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
	Influencing Outcome of Sporting Event (RCW 9A.82.070)
	Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
	Malicious Harassment (RCW 9A.36.080)
	Residential Burglary (RCW 9A.52.025)
	Robbery 2 (RCW 9A.56.210)
	Theft of Livestock 1 (RCW 9A.56.080)
	Threats to Bomb (RCW 9.61.160)
	Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
	Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
	Willful Failure to Return from Furlough (RCW 72.66.060)
III	Abandonment of dependent person 2 (RCW 9A.42.070)
	Assault 3 (RCW 9A.36.031)
	Assault of a Child 3 (RCW 9A.36.140)
	Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
	Burglary 2 (RCW 9A.52.030)
	Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
	Criminal Gang Intimidation (RCW 9A.46.120)
	Criminal Mistreatment 2 (RCW 9A.42.030)
	Custodial Assault (RCW 9A.36.100)
	Escape 2 (RCW 9A.76.120)
	Extortion 2 (RCW 9A.56.130)
	Harassment (RCW 9A.46.020)
	Intimidating a Public Servant (RCW 9A.76.180)
	Introducing Contraband 2 (RCW 9A.76.150)
	Malicious Injury to Railroad Property (RCW 81.60.070)
	Patronizing a Juvenile Prostitute (RCW 9.68A.100)
	Perjury 2 (RCW 9A.72.030)
	Possession of Incendiary Device (RCW 9.40.120)
	Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
	Promoting Prostitution 2 (RCW 9A.88.080)
	Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
	Securities Act violation (RCW 21.20.400)
	Tampering with a Witness (RCW 9A.72.120)
	Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)
	Theft of Livestock 2 (RCW 9A.56.080)
	Unlawful Imprisonment (RCW 9A.40.040)
	Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
	Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
	Willful Failure to Return from Work Release (RCW 72.65.070)
II	Computer Trespass 1 (RCW 9A.52.110)
	Counterfeiting (RCW 9.16.035(3))
	Escape from Community Custody (RCW 72.09.310)
	Harming a Police or Accelerant Detection Dog or Police Horse (RCW 9A.76.200)
	Health Care False Claims (RCW 48.80.030)
	Identity Theft 2 (RCW 9.35.020(2)(b))
	Improperly Obtaining Financial Information (RCW 9.35.010)
	Malicious Mischief 1 (RCW 9A.48.070)
	Possession of Stolen Property 1 (RCW 9A.56.150)
	Theft 1 (RCW 9A.56.030)
	Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
	Trafficking in Insurance Claims (RCW 48.30A.015)
	Unlawful Practice of Law (RCW 2.48.180)
	Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I	Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
	False Verification for Welfare (RCW 74.08.055)
	Forgery (RCW 9A.60.020)
	Malicious Mischief 2 (RCW 9A.48.080)
	Possession of Stolen Property 2 (RCW 9A.56.160)
	Reckless Burning 1 (RCW 9A.48.040)
	Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))
	Theft 2 (RCW 9A.56.040)
	Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))
	Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
	Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
	Vehicle Prowl 1 (RCW 9A.52.095)

Sec. 4. RCW 13.40.0357 and 2002 c 324 s 3 and 2002 c 175 s 20 are each reenacted and amended to read as follows:

DESCRIPTION AND OFFENSE CATEGORY
juvenile disposition offense category		description (rcw citation)	juvenile disposition category for attempt, bailjump, conspiracy, or solicitation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
		Arson and Malicious Mischief
	A	Arson 1 (9A.48.020)		B +
	B	Arson 2 (9A.48.030)		C
	C	Reckless Burning 1 (9A.48.040)		D
	D	Reckless Burning 2 (9A.48.050)		E
	B	Malicious Mischief 1 (9A.48.070)		C
	C	Malicious Mischief 2 (9A.48.080)		D
	D	Malicious Mischief 3 (<$50 is E class) (9A.48.090)		E
	E	Tampering with Fire Alarm Apparatus (9.40.100)		E
	A	Possession of Incendiary Device (9.40.120)		B +
		Assault and Other Crimes Involving Physical Harm
	A	Assault 1 (9A.36.011)		B +
	B +	Assault 2 (9A.36.021)		C +
	C +	Assault 3 (9A.36.031)		D +
	D +	Assault 4 (9A.36.041)		E
	B +	Drive-By Shooting (9A.36.045)		C +
	D +	Reckless Endangerment (9A.36.050)		E
	C +	Promoting Suicide Attempt (9A.36.060)		D +
	D +	Coercion (9A.36.070)		E
	C +	Custodial Assault (9A.36.100)		D +
		Burglary and Trespass
	B +	Burglary 1 (9A.52.020)		C +
	B	Residential Burglary (9A.52.025)		C
	B	Burglary 2 (9A.52.030)		C
	D	Burglary Tools (Possession of) (9A.52.060)		E
	D	Criminal Trespass 1 (9A.52.070)		E
	E	Criminal Trespass 2 (9A.52.080)		E
	C	Vehicle Prowling 1 (9A.52.095)		D
	D	Vehicle Prowling 2 (9A.52.100)		E
		Drugs
	E	Possession/Consumption of Alcohol (66.44.270)		E
	C	Illegally Obtaining Legend Drug (69.41.020)		D
	C +	Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030)		D +
	E	Possession of Legend Drug (69.41.030)		E
	B +	Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(a)(1) (I) or (ii))		B +
	C	Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(iii))		C
	E	Possession of Marihuana <40 grams (69.50.401(e))		E
	C	Fraudulently Obtaining Controlled Substance (69.50.403)		C
	C +	Sale of Controlled Substance for Profit (69.50.410)		C +
	E	Unlawful Inhalation (9.47A.020)		E
	B	Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.401(b)(1) (I) or (ii))		B
	C	Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v))		C
	C	Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(d))		C
	C	Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(c))		C
		Firearms and Weapons
	B	Theft of Firearm (9A.56.300)		C
	B	Possession of Stolen Firearm (9A.56.310)		C
	E	Carrying Loaded Pistol Without Permit (9.41.050)		E
	C	Possession of Firearms by Minor (<18) (9.41.040(1)(b)(iii))		C
	D +	Possession of Dangerous Weapon (9.41.250)		E
	D	Intimidating Another Person by use of Weapon (9.41.270)		E
		Homicide
	A +	Murder 1 (9A.32.030)		A
	A +	Murder 2 (9A.32.050)		B +
	B +	Manslaughter 1 (9A.32.060)		C +
	C +	Manslaughter 2 (9A.32.070)		D +
	B +	Vehicular Homicide (46.61.520)		C +
		Kidnapping
	A	Kidnap 1 (9A.40.020)		B +
	B +	Kidnap 2 (9A.40.030)		C +
	C +	Unlawful Imprisonment (9A.40.040)		D +
		Obstructing Governmental Operation
	D	Obstructing a Law Enforcement Officer (9A.76.020)		E
	E	Resisting Arrest (9A.76.040)		E
	B	Introducing Contraband 1 (9A.76.140)		C
	C	Introducing Contraband 2 (9A.76.150)		D
	E	Introducing Contraband 3 (9A.76.160)		E
	B +	Intimidating a Public Servant (9A.76.180)		C +
	B +	Intimidating a Witness (9A.72.110)		C +
	C+	Harming a Police or Accelerant Detection Dog or Police Horse (9A.76.200)		C
		Public Disturbance
	C +	Riot with Weapon (9A.84.010)		D +
	D +	Riot Without Weapon (9A.84.010)		E
	E	Failure to Disperse (9A.84.020)		E
	E	Disorderly Conduct (9A.84.030)		E
		Sex Crimes
	A	Rape 1 (9A.44.040)		B +
	A-	Rape 2 (9A.44.050)		B +
	C +	Rape 3 (9A.44.060)		D +
	A-	Rape of a Child 1 (9A.44.073)		B +
	B +	Rape of a Child 2 (9A.44.076)		C +
	B	Incest 1 (9A.64.020(1))		C
	C	Incest 2 (9A.64.020(2))		D
	D +	Indecent Exposure (Victim <14) (9A.88.010)		E
	E	Indecent Exposure (Victim 14 or over) (9A.88.010)		E
	B +	Promoting Prostitution 1 (9A.88.070)		C +
	C +	Promoting Prostitution 2 (9A.88.080)		D +
	E	O & A (Prostitution) (9A.88.030)		E
	B +	Indecent Liberties (9A.44.100)		C +
	A-	Child Molestation 1 (9A.44.083)		B +
	B	Child Molestation 2 (9A.44.086)		C +
		Theft, Robbery, Extortion, and Forgery
	B	Theft 1 (9A.56.030)		C
	C	Theft 2 (9A.56.040)		D
	D	Theft 3 (9A.56.050)		E
	B	Theft of Livestock (9A.56.080)		C
	C	Forgery (9A.60.020)		D
	A	Robbery 1 (9A.56.200)		B +
	B +	Robbery 2 (9A.56.210)		C +
	B +	Extortion 1 (9A.56.120)		C +
	C +	Extortion 2 (9A.56.130)		D +
	C	Identity Theft 1 (9.35.020(2)(a))		D
	D	Identity Theft 2 (9.35.020(2)(b))		E
	D	Improperly Obtaining Financial Information (9.35.010)		E
	B	Possession of Stolen Property 1 (9A.56.150)		C
	C	Possession of Stolen Property 2 (9A.56.160)		D
	D	Possession of Stolen Property 3 (9A.56.170)		E
	C	Taking Motor Vehicle Without Permission 1 and 2 (9A.56.070 (1) and (2))		D
		Motor Vehicle Related Crimes
	E	Driving Without a License (46.20.005)		E
	B +	Hit and Run - Death (46.52.020(4)(a))		C +
	C	Hit and Run - Injury (46.52.020(4)(b))		D
	D	Hit and Run-Attended (46.52.020(5))		E
	E	Hit and Run-Unattended (46.52.010)		E
	C	Vehicular Assault (46.61.522)		D
	C	Attempting to Elude Pursuing Police Vehicle (46.61.024)		D
	E	Reckless Driving (46.61.500)		E
	D	Driving While Under the Influence (46.61.502 and 46.61.504)		E
		Other
	B	Bomb Threat (9.61.160)		C
	C	Escape 1¹ (9A.76.110)		C
	C	Escape 2¹ (9A.76.120)		C
	D	Escape 3 (9A.76.130)		E
	E	Obscene, Harassing, Etc., Phone Calls (9.61.230)		E
	A	Other Offense Equivalent to an Adult Class A Felony		B +
	B	Other Offense Equivalent to an Adult Class B Felony		C
	C	Other Offense Equivalent to an Adult Class C Felony		D
	D	Other Offense Equivalent to an Adult Gross Misdemeanor		E
	E	Other Offense Equivalent to an Adult Misdemeanor		E
	V	Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)²		V

¹Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

1st escape or attempted escape during 12-month period - 4 weeks confinement

2nd escape or attempted escape during 12-month period - 8 weeks confinement

3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

²If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

JUVENILE SENTENCING STANDARDSThis schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

		OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE
	A +	180 WEEKS TO AGE 21 YEARS

	A	103 WEEKS TO 129 WEEKS

	A-	15-36		52-65	80-100	103-129
		WEEKS		WEEKS	WEEKS	WEEKS
		EXCEPT
		30-40
		WEEKS FOR
		15-17
		YEAR OLDS

Current	B +	15-36			52-65	80-100	103-129
Offense		WEEKS			WEEKS	WEEKS	WEEKS
Category
	B	LOCAL					52-65
		SANCTIONS (LS)			15-36 WEEKS		WEEKS

	C +	LS
						15-36 WEEKS

	C	LS					15-36 WEEKS
			Local Sanctions:
			0 to 30 Days
	D +	LS	0 to 12 Months Community Supervision
			0 to 150 Hours Community Restitution
	D	LS	$0 to $500 Fine

	E	LS

		0	1		2	3	4 or more
PRIOR ADJUDICATIONS

NOTE: References in the grid to days or weeks mean periods of confinement.

(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B + offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.

OPTION C

MANIFEST INJUSTICE

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).

NEW SECTION. Sec. 5. Section 2 of this act expires July 1, 2004.

NEW SECTION. Sec. 6. Section 3 of this act takes effect July 1, 2004."

Debated ensued

The President declared the question before the Senate to be the adoption of the amendment by Senators Kline and Brandland on page 1, after line 18, to House Bill No. 1108.

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

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

On page 1, line 2 of the title, after "9A.76.200;" strike the remainder of the title and insert "reenacting and amending RCW 9.94A.515, 9.94A.515, and 13.40.0357; prescribing penalties; providing an effective date; and providing an expiration date."

MOTION

On motion of Senator Brandland, the rules were suspended, House Bill No 1108, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1108, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1108, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

HOUSE BILL NO. 1108, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6017, by Senators Stevens and Hargrove

Modifying general assistance provisions.

MOTIONS

On motion of Senator Rossi, Second Substitute Senate Bill No. 6017 was substituted for Senate Bill No. 6017 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Rossi, the rules were suspended, Second Substitute Senate Bill No. 6017 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6017.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6017 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

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

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

SECOND SUBSTITUTE SENATE BILL NO. 6017, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1083, by Representatives Simpson, Benson and Schual-Berke ( by request of Insurance Commissioner Kreidler)

Making clarifying, nonsubstantive amendments to and correcting outdated references in the insurance code.

The bill was read the second time.

MOTION

On motion of Senator Benton, the rules were suspended, House Bill No. 1083 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued. Prentice

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1083.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1083 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Absent: Senator Deccio - 1.

HOUSE BILL NO. 1083, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1226, by Representatives Moeller, Campbell, Lantz and Carrell

Authorizing service of summons for persons not found in this state.

The bill was read the second time.

MOTION

On motion of Senator Esser, the rules were suspended, House Bill No. 1226 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1226.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1226 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

HOUSE BILL NO. 1226, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5337, by Senators Horn, Haugen and Rasmussen (by request of Office of Financial Management)

Revising the agency council on coordinated transportation.

MOTIONS

On motion of Senator Horn, Substitute Senate Bill No. 5337 was substituted for Senate Bill No. 5337 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5337 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5337.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5337 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

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

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

SUBSTITUTE SENATE BILL NO. 5337, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2215, by House Committee on Transportation (originally sponsored by Representatives Murray and Simpson)

Allowing car dealers to charge document service fees.

The bill was read the second time.

MOTION

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

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.70.180 and 2001 c 272 s 10 and 2001 c 64 s 9 are each reenacted and amended to read as follows:

Each of the following acts or practices is unlawful:

(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:

(a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;

(b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;

(c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;

(d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;

(e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.

(2)(a) To incorporate within the terms of any purchase and sale or lease agreement any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale. However, an amount not to exceed thirty-five dollars per vehicle sale or lease may be charged by a dealer to recover administrative costs for collecting motor vehicle excise taxes, licensing and registration fees and other agency fees, verifying and clearing titles, transferring titles, perfecting, releasing, or satisfying liens or other security interests, and other administrative and documentary services rendered by a dealer in connection with the sale or lease of a vehicle and in carrying out the requirements of this chapter or any other provisions of state law.

(b) A dealer may charge the documentary service fee in (a) of this subsection under the following conditions:

(I) The documentary service fee is disclosed in writing to a prospective purchaser or lessee before the execution of a purchase and sale or lease agreement;

(ii) The documentary service fee is not represented to the purchaser or lessee as a fee or charge required by the state to be paid by either the dealer or prospective purchaser or lessee;

(iii) The documentary service fee is separately designated from the selling price or capitalized cost of the vehicle and from any other taxes, fees, or charges; and

(iv) Dealers disclose in any advertisement that a documentary service fee in an amount up to thirty-five dollars may be added to the sale price or the capitalized cost.

For the purposes of this subsection (2), the term "documentary service fee" means the optional amount charged by a dealer to provide the services specified in (a) of this subsection.

(3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold or leased to a person for a consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser or lessee being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.

(4) To commit, allow, or ratify any act of "bushing" which is defined as follows: Taking from a prospective buyer or lessee of a vehicle a written order or offer to purchase or lease, or a contract document signed by the buyer or lessee, which:

(a) Is subject to the dealer's, or his or her authorized representative's future acceptance, and the dealer fails or refuses within three calendar days, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer or lessee, either (I) to deliver to the buyer or lessee the dealer's signed acceptance, or (ii) to void the order, offer, or contract document and tender the return of any initial payment or security made or given by the buyer or lessee, including but not limited to money, check, promissory note, vehicle keys, a trade-in, or certificate of title to a trade-in; or

(b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer or lessee as part of the purchase price or lease, for any reason except:

(I) Failure to disclose that the vehicle's certificate of ownership has been branded for any reason, including, but not limited to, status as a rebuilt vehicle as provided in RCW 46.12.050 and 46.12.075; or

(ii) Substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or

(iii) Excessive additional miles or a discrepancy in the mileage. "Excessive additional miles" means the addition of five hundred miles or more, as reflected on the vehicle's odometer, between the time the vehicle was first valued by the dealer for purposes of determining its trade-in value and the time of actual delivery of the vehicle to the dealer. "A discrepancy in the mileage" means (A) a discrepancy between the mileage reflected on the vehicle's odometer and the stated mileage on the signed odometer statement; or (B) a discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or

(c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.

(5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.

(6) For any vehicle dealer or vehicle salesperson to refuse to furnish, upon request of a prospective purchaser or lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or governmental entity.

(7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.

(8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle. However, a dealer may issue a second temporary permit on a vehicle if the following conditions are met:

(a) The lienholder fails to deliver the vehicle title to the dealer within the required time period;

(b) The dealer has satisfied the lien; and

(c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.

(9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser or lessee prior to the delivery of the bargained-for vehicle, to commingle the "on deposit" funds with assets of the dealer, salesperson, or mobile home manufacturer instead of holding the "on deposit" funds as trustee in a separate trust account until the purchaser or lessee has taken delivery of the bargained-for vehicle. Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5). Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery. For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.

(10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser or lessee, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales or lease agreement signed by the seller and buyer or lessee.

(11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, purchase moneys or funds that have been deposited into or withdrawn out of any account controlled or used by any buyer's agent, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle.

(12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle. In addition, it is unlawful for any buyer's agent to engage in any of the following acts on behalf of or in the name of the consumer:

(a) Receiving or paying any purchase moneys or funds into or out of any account controlled or used by any buyer's agent;

(b) Signing any vehicle purchase orders, sales contracts, leases, odometer statements, or title documents, or having the name of the buyer's agent appear on the vehicle purchase order, sales contract, lease, or title; or

It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the purchase, sale, lease, or transfer of ownership documents of any new motor vehicle by any means which would otherwise be prohibited under (a) through (c) of this subsection. However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.

Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers, obtains, or guarantees the lowest price on any motor vehicle or words to similar effect.

(13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW. This subsection also applies to leased vehicles. In addition, it is unlawful for any buyer's agent to fail to have a written agreement with the customer that: (a) Sets forth the terms of the parties' agreement; (b) discloses to the customer the total amount of any fees or other compensation being paid by the customer to the buyer's agent for the agent's services; and (c) further discloses whether the fee or any portion of the fee is refundable.

(14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.94 RCW, to:

(a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;

(b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if: (I) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) the cancellation or nonrenewal was not done in good faith. Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith;

(c) Encourage, aid, abet, or teach a vehicle dealer to sell or lease vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;

(d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;

(e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or lease of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;

(f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been sold or leased, distributed for sale or lease, or transferred into this state for resale or lease by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.

Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties. This paragraph and subsection (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.

(15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.

(16) To knowingly and intentionally engage in collusion with a registered owner of a vehicle to repossess and return or resell the vehicle to the registered owner in an attempt to avoid a suspended license impound under chapter 46.55 RCW. However, compliance with chapter 62A.9A RCW in repossessing, selling, leasing, or otherwise disposing of the vehicle, including providing redemption rights to the debtor, is not a violation of this section.

Sec. 2. RCW 63.14.010 and 1999 c 113 s 1 are each amended to read as follows:

In this chapter, unless the context otherwise requires:

(1) "Goods" means all chattels personal when purchased primarily for personal, family, or household use and not for commercial or business use, but not including money or, except as provided in the next sentence, things in action. The term includes but is not limited to merchandise certificates or coupons, issued by a retail seller, to be used in their face amount in lieu of cash in exchange for goods or services sold by such a seller and goods which, at the time of sale or subsequently, are to be so affixed to real property as to become a part thereof, whether or not severable therefrom;

(2) "Lender credit card" means a card or device under a lender credit card agreement pursuant to which the issuer gives to a cardholder residing in this state the privilege of obtaining credit from the issuer or other persons in purchasing or leasing property or services, obtaining loans, or otherwise, and the issuer of which is not: (a) Principally engaged in the business of selling goods; or (b) a financial institution;

(3) "Lender credit card agreement" means an agreement entered into or performed in this state prescribing the terms of retail installment transactions pursuant to which the issuer may, with the buyer's consent, purchase or acquire one or more retail sellers' indebtedness of the buyer under a sales slip or memorandum evidencing the purchase, lease, loan, or otherwise to be paid in accordance with the agreement. The issuer of a lender credit card agreement shall not be principally engaged in the business of selling goods or be a financial institution;

(4) "Financial institution" means any bank or trust company, mutual savings bank, credit union, or savings and loan association organized pursuant to the laws of any one of the United States of America or the United States of America, or the laws of a foreign country if also qualified to conduct business in any one of the United States of America or pursuant to the laws of the United States of America;

(5) "Services" means work, labor, or services of any kind when purchased primarily for personal, family, or household use and not for commercial or business use whether or not furnished in connection with the delivery, installation, servicing, repair, or improvement of goods and includes repairs, alterations, or improvements upon or in connection with real property, but does not include services for which the price charged is required by law to be determined or approved by or to be filed, subject to approval or disapproval, with the United States or any state, or any department, division, agency, officer, or official of either as in the case of transportation services;

(6) "Retail buyer" or "buyer" means a person who buys or agrees to buy goods or obtain services or agrees to have services rendered or furnished, from a retail seller;

(7) "Retail seller" or "seller" means a person engaged in the business of selling goods or services to retail buyers;

(8) "Retail installment transaction" means any transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract, a retail charge agreement, or a lender credit card agreement, as defined in this section, which provides for a service charge, as defined in this section, and under which the buyer agrees to pay the unpaid principal balance in one or more installments or which provides for no service charge and under which the buyer agrees to pay the unpaid balance in more than four installments;

(9) "Retail installment contract" or "contract" means a contract, other than a retail charge agreement, a lender credit card agreement, or an instrument reflecting a sale made pursuant thereto, entered into or performed in this state for a retail installment transaction. The term "retail installment contract" may include a chattel mortgage, a conditional sale contract, and a contract in the form of a bailment or a lease if the bailee or lessee contracts to pay as compensation for their use a sum substantially equivalent to or in excess of the value of the goods sold and if it is agreed that the bailee or lessee is bound to become, or for no other or a merely nominal consideration, has the option of becoming the owner of the goods upon full compliance with the provisions of the bailment or lease. The term "retail installment contract" does not include: (a) A "consumer lease," heretofore or hereafter entered into, as defined in RCW 63.10.020; (b) a lease which would constitute such "consumer lease" but for the fact that: (I) It was entered into before April 29, 1983; (ii) the lessee was not a natural person; (iii) the lease was not primarily for personal, family, or household purposes; or (iv) the total contractual obligations exceeded twenty-five thousand dollars; or (c) a lease-purchase agreement under chapter 63.19 RCW;

(10) "Retail charge agreement," "revolving charge agreement," or "charge agreement" means an agreement between a retail buyer and a retail seller that is entered into or performed in this state and that prescribes the terms of retail installment transactions with one or more sellers which may be made thereunder from time to time and under the terms of which a service charge, as defined in this section, is to be computed in relation to the buyer's unpaid balance from time to time;

(11) "Service charge" however denominated or expressed, means the amount which is paid or payable for the privilege of purchasing goods or services to be paid for by the buyer in installments over a period of time. It does not include the amount, if any, charged for insurance premiums, delinquency charges, attorneys' fees, court costs, any vehicle dealer administrative fee under RCW 46.12.042, any vehicle dealer documentary service fee under RCW 46.70.180(2), or official fees;

(12) "Sale price" means the price for which the seller would have sold or furnished to the buyer, and the buyer would have bought or obtained from the seller, the goods or services which are the subject matter of a retail installment transaction. The sale price may include any taxes, registration and license fees, any vehicle dealer administrative fee, any vehicle dealer documentary service fee, and charges for transferring vehicle titles, delivery, installation, servicing, repairs, alterations, or improvements;

(13) "Official fees" means the amount of the fees prescribed by law and payable to the state, county, or other governmental agency for filing, recording, or otherwise perfecting, and releasing or satisfying, a retained title, lien, or other security interest created by a retail installment transaction;

(14) "Time balance" means the principal balance plus the service charge;

(15) "Principal balance" means the sale price of the goods or services which are the subject matter of a retail installment contract less the amount of the buyer's down payment in money or goods or both, plus the amounts, if any, included therein, if a separate identified charge is made therefor and stated in the contract, for insurance, any vehicle dealer administrative fee, any vehicle dealer documentary service fee, and official fees; and the amount actually paid or to be paid by the retail seller pursuant to an agreement with the buyer to discharge a security interest or lien on like-kind goods traded in or lease interest in the circumstance of a lease for like goods being terminated in conjunction with the sale pursuant to a retail installment contract;

(16) "Person" means an individual, partnership, joint venture, corporation, association, or any other group, however organized;

(17) "Rate" means the percentage which, when multiplied times the outstanding balance for each month or other installment period, yields the amount of the service charge for such month or period.

Sec. 3. RCW 63.14.130 and 1999 c 113 s 4 are each amended to read as follows:

The service charge shall be inclusive of all charges incident to investigating and making the retail installment contract or charge agreement and for the privilege of making the installment payments thereunder and no other fee, expense or charge whatsoever shall be taken, received, reserved or contracted therefor from the buyer, except for any vehicle dealer administrative fee under RCW 46.12.042 or for any vehicle dealer documentary service fee under RCW 46.70.180(2).

(1) The service charge, in a retail installment contract, shall not exceed the dollar amount or rate agreed to by contract and disclosed under RCW 63.14.040(1)(h).

(2) The service charge in a retail charge agreement, revolving charge agreement, lender credit card agreement, or charge agreement, shall not exceed the schedule or rate agreed to by contract and disclosed under RCW 63.14.120(1). If the service charge so computed is less than one dollar for any month, then one dollar may be charged.

NEW SECTION. Sec. 4. This act takes effect only when Senate Bill No. 6061 or House Bill No. 2231 takes effect. If neither of these bills takes effect by December 31, 2003, this act is null and void in its entirety."

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

On page 1, line 1 of the title, after "fees;" strike the remainder of the title and insert "amending RCW 63.14.010 and 63.14.130; reenacting and amending RCW 46.70.180; and providing contingent effect."

MOTION

On motion of Senator Horn, the rules were suspended, Substitute House Bill No 2215, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2215, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2215, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Shin, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.

Voting nay: Senators Fairley, Haugen, Roach, Sheldon, B., Sheldon, T., Spanel and Thibaudeau - 7

SUBSTITUTE HOUSE BILL NO. 2215, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1878, by Representatives Dickerson and Pettigrew

Providing the courts access to information in third-party custody petitions.

The bill was read the second time.

MOTION

On motion of Senator Stevens, the following Committee on Children and Family Services and Corrections striking amendment was adopted:Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 26.10 RCW to read as follows:

(1) Before granting any order regarding the custody of a child under this chapter, the court shall consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child.

(2) Before entering a final order, the court shall:

(a) Direct the department of social and health services to release information as provided under RCW 13.50.100; and

(b) Require the petitioner to provide the results of an examination of state and national criminal identification data provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for the petitioner and adult members of the petitioner's household.

Sec. 2. RCW 13.50.100 and 2001 c 162 s 2 are each amended to read as follows:

(1) This section governs records not covered by RCW 13.50.050.

(2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010.

(3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the statewide judicial information system. However, truancy records associated with a juvenile who has no other case history, and records of a juvenile's parents who have no other case history, shall be removed from the judicial information system when the juvenile is no longer subject to the compulsory attendance laws in chapter 28A.225 RCW. A county clerk is not liable for unauthorized release of this data by persons or agencies not in his or her employ or otherwise subject to his or her control, nor is the county clerk liable for inaccurate or incomplete information collected from litigants or other persons required to provide identifying data pursuant to this section.

(4) Subject to (a) of this subsection, the department of social and health services may release information retained in the course of conducting child protective services investigations to a family or juvenile court hearing a petition for custody under chapter 26.10 RCW.

(a) Information that may be released shall be limited to information regarding investigations in which: (I) The juvenile was an alleged victim of abandonment or abuse or neglect; or (ii) the petitioner for custody of the juvenile, or any individual aged sixteen or older residing in the petitioner's household, is the subject of a founded or currently pending child protective services investigation made by the department subsequent to October 1, 1998.

(b) Additional information may only be released with the written consent of the subject of the investigation and the juvenile alleged to be the victim of abandonment or abuse and neglect, or the parent, custodian, guardian, or personal representative of the juvenile, or by court order obtained with notice to all interested parties.

(5) Any disclosure of records or information by the department of social and health services pursuant to this section shall not be deemed a waiver of any confidentiality or privilege attached to the records or information by operation of any state or federal statute or regulation, and any recipient of such records or information shall maintain it in such a manner as to comply with such state and federal statutes and regulations and to protect against unauthorized disclosure.

(6) A contracting agency or service provider of the department of social and health services that provides counseling, psychological, psychiatric, or medical services may release to the office of the family and children's ombudsman information or records relating to services provided to a juvenile who is dependent under chapter 13.34 RCW without the consent of the parent or guardian of the juvenile, or of the juvenile if the juvenile is under the age of thirteen years, unless such release is otherwise specifically prohibited by law.

(((5))) (7) A juvenile, his or her parents, the juvenile's attorney and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except:

(a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court: PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or

(b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile unless otherwise authorized by law; or

(c) That the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported alleged child abuse or neglect.

(((6))) (8) A juvenile or his or her parent denied access to any records following an agency determination under subsection (((5))) (7) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsection((s (5))) (7)(a) and (b) of this section.

(((7))) (9) The person making a motion under subsection (((6))) (8) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

(((8))) (10) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (((5))) (7) of this section. A party denied access to records may request judicial review of the denial. If the party prevails, he or she shall be awarded attorneys' fees, costs, and an amount not less than five dollars and not more than one hundred dollars for each day the records were wrongfully denied.

(((9))) (11) No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020(12) may be disclosed to a child-placing agency, private adoption agency, or any other licensed provider.

Sec. 3. RCW 26.10.030 and 2000 c 135 s 3 are each amended to read as follows:

(1) Except as authorized for proceedings brought under chapter 13.34 RCW, or chapter 26.50 RCW in district or municipal courts, a child custody proceeding is commenced in the superior court by a person other than a parent, by filing a petition seeking custody of the child in the county where the child is permanently resident or where the child is found, but only if the child is not in the physical custody of one of its parents or if the petitioner alleges that neither parent is a suitable custodian. In proceedings in which the juvenile court has not exercised concurrent jurisdiction and prior to a child custody hearing, the court shall determine if the child is the subject of a pending dependency action.

(2) Notice of a child custody proceeding shall be given to the child's parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties.

(3) The petitioner shall include in the petition the names of any adult members of the petitioner's household.

NEW SECTION. Sec. 4. A new section is added to chapter 26.50 RCW to read as follows:

In addition to the information required to be included in the judicial information system under RCW 26.50.160, the data base shall contain the names of any adult cohabitant of a petitioner to a third- party custody action under chapter 26.10 RCW.

Sec. 5. RCW 43.43.830 and 2002 c 229 s 3 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through 43.43.840.

(1) "Applicant" means:

(a) Any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with the business or organization;

(b) Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (I) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults; ((or))

(d) Any prospective custodian in a nonparental custody proceeding under chapter 26.10 RCW.

(2) "Business or organization" means a business or organization licensed in this state, any agency of the state, or other governmental entity, that educates, trains, treats, supervises, houses, or provides recreation to developmentally disabled persons, vulnerable adults, or children under sixteen years of age, including but not limited to public housing authorities, school districts, and educational service districts.

(3) "Civil adjudication" means a specific court finding of sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations action under Title 26 RCW. In the case of vulnerable adults, civil adjudication means a specific court finding of abuse or financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court findings that identify as the perpetrator of the abuse a named individual, over the age of eighteen years, who was a party to the dependency or dissolution proceeding or was a respondent in a protection proceeding in which the finding was made and who contested the allegation of abuse or exploitation.

(4) "Conviction record" means "conviction record" information as defined in RCW 10.97.030(3) relating to a crime against children or other persons committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

(5) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnaping; first, second, or third degree assault; first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; endangerment with a controlled substance; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; first or second degree custodial sexual misconduct; malicious harassment; first,

second, or third degree child molestation; first or second degree sexual misconduct with a minor; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.

(6) "Crimes relating to drugs" means a conviction of a crime to manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

(7) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.

(8) "Disciplinary board final decision" means any final decision issued by a disciplining authority under chapter 18.130 RCW or the secretary of the department of health for the following businesses or professions:

(a) Chiropractic;

(b) Dentistry;

(d) Massage;

(e) Midwifery;

(f) Naturopathy;

(g) Osteopathic medicine and surgery;

(h) Physical therapy;

(I) Physicians;

(j) Practical nursing;

(k) Registered nursing; and

(l) Psychology.

"Disciplinary board final decision," for real estate brokers and salespersons, means any final decision issued by the director of the department of licensing for real estate brokers and salespersons.

(9) "Unsupervised" means not in the presence of:

(a) Another employee or volunteer from the same business or organization as the applicant; or

(b) Any relative or guardian of any of the children or developmentally disabled persons or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization.

(10) "Vulnerable adult" means "vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.

(11) "Financial exploitation" means the illegal or improper use of a vulnerable adult or that adult's resources for another person's profit or advantage.

(12) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults.

NEW SECTION. Sec. 6. A new section is added to chapter 26.10 RCW to read as follows:

(1) A party seeking a custody order shall submit, along with his or her motion, an affidavit declaring that the child is not in the physical custody of one of its parents or that neither parent is a suitable custodian and setting forth facts supporting the requested order. The party seeking custody shall give notice, along with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits.

(2) The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order should not be granted.

NEW SECTION. Sec. 7. A new section is added to chapter 26.10 RCW to read as follows:

(1) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in 25 U.S.C. Sec. 1903. If the child is an Indian child as defined under the Indian child welfare act, the provisions of the act shall apply.

(2) Every order or decree entered in any proceeding under this chapter shall contain a finding that the Indian child welfare act does or does not apply. Where there is a finding that the Indian child welfare act does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the Indian child welfare act have been satisfied."

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

On page 1, line 2 of the title, after "petitions;" strike the remainder of the title and insert "amending RCW 13.50.100, 26.10.030, and 43.43.830; adding new sections to chapter 26.10 RCW; and adding a new section to chapter 26.50 RCW."

MOTION

On motion of Senator Stevens, the rules were suspended, House Bill No. 1878, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1878, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1878, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

HOUSE BILL NO. 1878, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTIONS

On motion of Senator Hewitt, Senators Johnson and McCaslin were excused.

On motion of Senator Eide, Senator Fairley was excused.

SECOND READING

HOUSE JOINT MEMORIAL NO. 4021, by Representatives Wallace, Crouse, Morris, Condotta, Lovick, Kessler, Darneille, Berkey, Hatfield, Hudgins, Moeller and Blake

Requesting that the Bonneville Power Administration not raise rates.

The joint memorial was read the second time.

MOTION

On motion of Senator Benton, the following Committee on Natural Resources, Energy and Water amendment was adopted:

Beginning on page 1, after line 10, strike all material through "Washington." on page 3, line 2, and insert the following:

"WHEREAS, The State of Washington's economy is constructed on affordable and reliable electricity; and

WHEREAS, Energy prices in the Northwest are threatening businesses and industries, including aluminum companies; and

WHEREAS, The Bonneville Power Administration is proposing yet another rate increase to go into effect on October 1, 2003; and

WHEREAS, The proposed increase is 15% more than the current rates, which are already extremely high due to the more than 50% increase that has already occurred in the last couple of years; and

WHEREAS, This increase will cost the state's economy one billion dollars over the next three years; and

WHEREAS, Many industries moved to Washington to take advantage of low-cost hydroelectric power. They are now paying more for power in Washington than in most of their other locations in the nation; and

WHEREAS, Without affordable energy for these industries (aluminum, pulp and paper, aerospace, agriculture, etc.), thousands of family-wage jobs will be lost; and

WHEREAS, Many of these jobs are in rural and economically challenged areas. These industries are at the core of many Northwest communities and provide the foundation for numerous secondary employment opportunities and also provide substantial tax revenues; and

WHEREAS, The proposed rate increase will do more than jeopardize high paying jobs. The nation is suffering a severe recession and the Pacific Northwest is already the hardest hit region in the country; and

WHEREAS, Any increase in Bonneville Power Administration rates will only slow or prevent economic recovery as well as exacerbate the state's budget crisis; and

WHEREAS, The Bonneville Power Administration has the tools available to meet all of its legal obligations, including protecting fish and wildlife, without raising rates; and

WHEREAS, As a result of its $500 million in prepayments to Treasury to avoid a rate increase, the Bonneville Power Administration can cut costs (not just slow its rate of growth) and utilize its newly acquired additional borrowing authority and the flexibility it has garnered; and

WHEREAS, This region simply cannot support an additional billion dollar hit to its economy over the next three years;

NOW, THEREFORE, Your Memorialists respectfully communicate their request for the Bonneville Power Administration to refrain from adopting rate increases at this time, unless absolutely necessary to preserve its bond rating, and to use other tools at its disposal to manage costs until economic recovery is in sight.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, Steven Wright, Administrator of the Bonneville Power Administration, Spencer Abraham, Secretary of Energy, Tom Ridge, Secretary of the Department of Homeland Security, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."

MOTION

On motion of Senator Benton, the rules were suspended, House Joint Memorial No 4021, as amended by the Senate, was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4021, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Joint Memorial No. 4021, as amended by the Senate, and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

Excused: Senators Fairley, Johnson and McCaslin - 3.

HOUSE JOINT MEMORIAL NO. 4021, as amended by the Senate, having received the constitutional majority, was declared passed.

PERSONAL PRIVILEGE

Senator Stevens: “A point of personal privilege, Mr. President. I just want to remind the members that you have all been invited to come to the ALEC luncheon which is being held today over in A, B and C meeting rooms. It is an opportunity to learn about Washington, D.C. this summer and the many benefits that ALEC affords those who are members. So, just wanted to remind you to come.”

MOTION

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

MESSAGE FROM THE HOUSE

April 14, 2003

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5223,

SUBSTITUTE SENATE BILL NO. 5236,

SUBSTITUTE SENATE BILL NO. 5600,

SUBSTITUTE SENATE BILL NO. 5601,

SUBSTITUTE SENATE BILL NO. 5616,

SENATE BILL NO. 5726,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5766,

SENATE BILL NO. 5898,

SENATE JOINT MEMORIAL NO. 8003,

SENATE JOINT MEMORIAL NO. 8012,

SENATE JOINT MEMORIAL NO. 8015, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5223,

SUBSTITUTE SENATE BILL NO. 5236,

SUBSTITUTE SENATE BILL NO. 5600,

SUBSTITUTE SENATE BILL NO. 5601,

SUBSTITUTE SENATE BILL NO. 5616,

SENATE BILL NO. 5726,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5766,

SENATE BILL NO. 5898,

SENATE JOINT MEMORIAL NO. 8003,

SENATE JOINT MEMORIAL NO. 8012,

SENATE JOINT MEMORIAL NO. 8015.

MOTION

At 12:03 p.m., on motion of Senator Sheahan, the Senate recessed until 1:30 p.m.

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

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

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Reardon, Gubernatorial Appointment No. 9118, Brent Stewart, as a member of the Board of Trustees for Western Washington University, was confirmed.

APPOINTMENT OF BRENT STEWART

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Absent: Senators Brandland, Finkbeiner and Morton - 3.

Excused: Senator Johnson - 1.

SECOND READING

SECOND SUBSTITUTE HOUSE BILL NO. 1003, by House Committee on Appropriations (originally sponsored by Representatives Morris, Linville, Wood, Anderson, O'Brien and Sullivan)

Creating the research and technology transfer commission.

The bill was read the second time.

MOTION

On motion of Senator Esser, the following Committee on Technology and Communications striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. It is the intent of the legislature to promote growth in the technology sectors of our state's economy and to particularly focus support on the creation and commercialization of intellectual property in the technology, energy, and telecommunications industries.

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

(1) "Center" means the Washington technology center established under RCW 28B.20.283 through 28B.20.295.

(2) "Board" means the board of directors for the center.

NEW SECTION. Sec. 3. The investing in innovation account is created in the custody of the state treasurer. Expenditures from the account may be used only for grants awarded by the center and for administering the grant award program. Only the executive director of the Washington technology center or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION. Sec. 4. (1) The investing in innovation grants program is established.

(2) The center shall periodically make strategic assessments of the types of state investments in research and technology in this state that would likely create jobs and business opportunities and produce the most beneficial long-term improvements to the lives and health of the citizens of the state. The assessments shall be available to the public and shall be used to guide decisions on awarding grants under this chapter.

NEW SECTION. Sec. 5. The board shall:

(1) Develop criteria for the awarding of grants to qualifying universities, institutions, or individuals;

(2) Make decisions regarding distribution of grant funds and make grant awards; and

(3) In making grant awards, seek to provide a balance between research grant awards and commercialization grant awards.

NEW SECTION. Sec. 6. (1) The board may accept grant proposals and establish a competitive process for the awarding of grants.

(2) The board shall establish a peer review committee to include board members, scientists, engineers, and individuals with specific recognized expertise. The peer review committee shall provide to the board an independent peer review of all proposals determined to be competitive for a grant award that are submitted to the board.

(3) In the awarding of grants, priority shall be given to proposals that leverage additional private and public funding resources.

(4) Up to fifty percent of available funds from the investing in innovation account may be used to support commercialization opportunities for research in Washington state.

(5) The center may not be a direct recipient of grant awards under this act.

NEW SECTION. Sec. 7. The board shall establish performance benchmarks against which the program will be evaluated. The grants program shall be reviewed periodically by the board. The board shall report annually to the appropriate standing committees of the legislature on grants awarded and as appropriate on program reviews conducted by the board.

NEW SECTION. Sec. 8. (1) The center shall administer the investing in innovation grants program.

(2) Not more than one percent of the available funds from the investing in innovation account may be used for administrative costs of the program.

Sec. 9. RCW 43.79A.040 and 2002 c 322 s 5, 2002 c 204 s 7, and 2002 c 61 s 6 are each reenacted and amended to read as follows:

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

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

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

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

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

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

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

Sec. 10. RCW 28B.20.285 and 1992 c 142 s 3 are each amended to read as follows:

A Washington technology center is created to be a collaborative effort between the state's universities, private industry, and government. The technology center shall be headquartered at the University of Washington. The mission of the technology center shall be to perform and commercialize research on a statewide basis that benefits the intermediate and long-term economic vitality of the state of Washington, and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to Washington-based companies or state economic development programs. The technology center shall:

(1) Perform and/or facilitate research supportive of state science and technology objectives, particularly as they relate to state industries;

(2) Provide leading edge collaborative research and technology transfer opportunities primarily to state industries;

(3) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions;

(4) Emphasize and develop nonstate support of the technology center's research activities; ((and))

(5) Administer the investing in innovation grants program; and

(6) Provide a forum for effective interaction between the state's technology-based industries and its academic research institutions through promotion of faculty collaboration with industry, particularly within the state.

Sec. 11. RCW 28B.20.289 and 1995 c 399 s 26 are each amended to read as follows:

(1) The technology center shall be administered by the board of directors of the technology center.

(2) The board shall consist of the following members: Fourteen members from among individuals who are associated with or employed by technology-based industries and have broad business experience and an understanding of high technology; eight members from the state's universities with graduate science and engineering programs; the executive director of the Spokane Intercollegiate Research and Technology Institute or his or her designated representative; the provost of the University of Washington or his or her designated representative; the provost of the Washington State University or his or her designated representative; and the director of the department of community, trade, and economic development or his or her designated representative. The term of office for each board member, excluding the executive director of the Spokane Intercollegiate Research and Technology Institute, the provost of the University of Washington, the provost of the Washington State University, and the director of the department of community, trade, and economic development, shall be three years. The executive director of the technology center shall be an ex officio, nonvoting member of the board. The board shall meet at least quarterly. Board members shall be appointed by the governor based on the recommendations of the existing board of the technology center, and the research universities. The governor shall stagger the terms of the first group of appointees to ensure the long term continuity of the board.

(3) The duties of the board include:

(a) Developing the general operating policies for the technology center;

(b) Appointing the executive director of the technology center;

(d) Establishing priorities for the selection and funding of research projects that guarantee the greatest potential return on the state's investment;

(e) Approving and allocating funding for research projects conducted by the technology center, based on the recommendations of the advisory committees for each of the research centers;

(f) In cooperation with the department of community, trade, and economic development, developing a biennial work plan and five-year strategic plan for the technology center that are consistent with the statewide technology development and commercialization goals;

(g) Coordinating with the University of Washington, Washington State University, and other participating institutions of higher education in the development of training, research, and development programs to be conducted at the technology center that shall be targeted to meet industrial needs;

(h) Assisting the department of community, trade, and economic development in the department's efforts to develop state science and technology public policies and coordinate publicly funded programs;

(I) Performing the duties required under chapter 70.-- RCW (sections 1 through 8 of this act) relating to the investing in innovation grants program;

(j) Reviewing annual progress reports on funded research projects that are prepared by the advisory committees for each of the research centers;

(((j))) (k) Providing an annual report to the governor and the legislature detailing the activities and performance of the technology center; and

(((k))) (l) Submitting annually to the department of community, trade, and economic development an updated strategic plan and a statement of performance measured against the mission, roles, and contractual obligations of the technology center.

NEW SECTION. Sec. 12. Sections 1 through 8 of this act constitute a new chapter in Title 70 RCW."

MOTION

On motion of Senator Esser, the following striking amendment by Senators Esser, Brown and West was adopted:

Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. It is the intent of the legislature to promote growth in the technology sectors of our state's economy and to particularly focus support on the creation and commercialization of intellectual property in the technology, energy, and telecommunications industries.

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

(1) "Center" means the Washington technology center established under RCW 28B.20.283 through 28B.20.295.

(2) "Board" means the board of directors for the center.

NEW SECTION. Sec. 4. (1) The investing in innovation grants program is established.

NEW SECTION. Sec. 5. The board shall:

(1) Develop criteria for the awarding of grants to qualifying universities, institutions, businesses, or individuals;

(2) Make decisions regarding distribution of grant funds and make grant awards; and

(3) In making grant awards, seek to provide a balance between research grant awards and commercialization grant awards.

NEW SECTION. Sec. 6. (1) The board may accept grant proposals and establish a competitive process for the awarding of grants.

(3) In the awarding of grants, priority shall be given to proposals that leverage additional private and public funding resources.

(4) Up to fifty percent of available funds from the investing in innovation account may be used to support commercialization opportunities for research in Washington state through an organization with commercialization expertise such as the Spokane intercollegiate research and technology institute.