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

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Morton, the Senate concurred in the House amendment to Engrossed Senate Bill No. 5014.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5014, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5014, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.

     Excused: Senators Poulsen and West - 2.

      ENGROSSED SENATE BILL NO. 5014, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 10, 2003

MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 5509 with the following amendment(s):

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that the use of anatomical gifts, including the donation of organ or tissue, for the purpose of transplantation is of great interest to the citizens of Washington state and may save or prolong the life or improve the health of extremely ill and dying persons.

       The legislature further finds that more than eighty thousand people are currently waiting for life-saving organ transplants on the national transplant waiting list. More than one thousand two hundred of these people are listed at Washington state transplant centers. Nationally, seventeen people die each day as a result of the shortage of donated organs.

       The creation of a statewide organ and tissue donor registry is crucial to facilitate timely and successful organ and tissue procurement. The legislature further finds that continuing education as to the existence and maintenance of a statewide organ and tissue donor registry is in the best interest of the people of the state of Washington.

       Sec. 2. RCW 68.50.530 and 1996 c 178 s 15 are each amended to read as follows:

       Unless the context requires otherwise, the definitions in this section apply throughout RCW 68.50.520 through ((68.50.630)) 68.50.620, sections 3 and 7 of this act, and 68.50.901 through 68.50.904.

       (1) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death.

       (2) "Decedent" means a deceased individual.

       (3) "Document of gift" means a card, a statement attached to or imprinted on a motor vehicle operator's license, a will, or other writing used to make an anatomical gift.

       (4) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body.

       (5) "Enucleator" means an individual who is qualified to remove or process eyes or parts of eyes.

       (6) "Hospital" means a facility licensed under chapter 70.41 RCW, or as a hospital under the law of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state.

       (7) "Part" means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body.

       (8) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other legal or commercial entity.

       (9) "Physician" or "surgeon" means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathic medicine and surgery under chapters 18.71 and 18.57 RCW.

       (10) "Procurement organization" means a person licensed, accredited, or approved under the laws of any state for procurement, distribution, or storage of human bodies or parts.

       (11) "Reasonable costs" include: (a) Programming and software installation and upgrades; (b) employee training that is specific to the organ and tissue donor registry or the donation program created in section 6 of this act; (c) literature that is specific to the organ and tissue donor registry or the donation program created in section 6 of this act; and (d) hardware upgrades or other issues important to the organ and tissue donor registry or the donation program created in section 6 of this act that have been mutually agreed upon in advance by the department of licensing and the Washington state organ procurement organizations.

       (12) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

       (((12))) (13) "Technician" means an individual who is qualified to remove or process a part.

       (14) "Washington state organ procurement organization" means an organ procurement organization that has been designated by the United States department of health and human services to coordinate organ procurement activities for any portion of Washington state.

       NEW SECTION. Sec. 3. A new section is added to chapter 68.50 RCW to read as follows:

       (1) The department of licensing shall electronically transfer all information that appears on the front of a driver's license or identicard including the name, gender, date of birth, and most recent address of any person who obtains a driver's license or identicard and volunteers to donate organs or tissue upon death to any Washington state organ procurement organization that intends to establish a statewide organ and tissue donor registry as provided under subsection (2) of this section. All subsequent electronic transfers of donor information shall be at no charge to this Washington state organ procurement organization.

       (2) Information obtained by a Washington state organ procurement organization under subsection (1) of this section shall be used for the purpose of establishing a statewide organ and tissue donor registry accessible to in-state recognized cadaveric organ and cadaveric tissue agencies for the recovery or placement of organs and tissue and to procurement agencies in another state when a Washington state resident is a donor of an anatomical gift and is not located in this state at the time of death or immediately before the death of the donor. Any registry created using information acquired under subsection (1) of this section must include all residents of Washington state regardless of their residence within the service area designated by the federal government.

       (3) No organ or tissue donation organization may obtain information from the organ and tissue donor registry for the purposes of fund raising. Organ and tissue donor registry information may not be further disseminated unless authorized in this section or by federal law. Dissemination of organ and tissue donor registry information may be made by a Washington state organ procurement organization to another Washington state organ procurement organization, a recognized in-state procurement agency for other tissue recovery, or an out-of-state federally designated organ procurement organization that has been designated by the United States department of health and human services to serve an area outside Washington.

       (4) A Washington state organ procurement organization may acquire donor information from sources other than the department of licensing.

       (5) All reasonable costs associated with the creation of an organ and tissue donor registry shall be paid by the Washington state organ procurement organization that has requested the information. The reasonable costs associated with the initial installation and setup for electronic transfer of the donor information at the department of licensing shall be paid by the Washington state organ procurement organization that requested the information.

       (6) An individual does not need to participate in the organ and tissue donor registry to be a donor of organs or tissue. The registry is to facilitate organ and tissue donations and not inhibit persons from being donors upon death.

       Sec. 4. RCW 68.50.540 and 1995 c 132 s 1 are each amended to read as follows:

       (1) An individual who is at least eighteen years of age, or an individual who is at least sixteen years of age as provided in subsection (12) of this section, may (a) make an anatomical gift for any of the purposes stated in RCW 68.50.570(1), (b) limit an anatomical gift to one or more of those purposes, or (c) refuse to make an anatomical gift.

       (2) An anatomical gift may be made by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.

       (3) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's license, the document of gift must comply with subsection (2) of this section. Revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.

       (4) The donee or other person authorized to accept the anatomical gift may employ or authorize a physician, surgeon, technician, or enucleator to carry out the appropriate procedures.

       (5) An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

       (6)(a) A donor may amend or revoke an anatomical gift, not made by will, by:

       (((a))) (I) A signed statement;

       (((b))) (ii) An oral statement made in the presence of two individuals;

       (((c))) (iii) Any form of communication during a terminal illness or injury; or

       (((d))) (iv) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

       (b) A donor shall notify a Washington state organ procurement organization of the destruction, cancellation, or mutilation of the document of gift for the purpose of removing the person's name from the organ and tissue donor registry created in section 3 of this act. If the Washington state organ procurement organization that is notified does not maintain a registry for Washington residents, it shall notify all Washington state organ procurement organizations that do maintain such a registry.

       (7) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills, or as provided in subsection (6) of this section.

       (8) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of a person after the donor's death.

       (9) An individual may refuse to make an anatomical gift of the individual's body or part by (a) a writing signed in the same manner as a document of gift, (b) a statement attached to or imprinted on a donor's motor vehicle operator's license, or (c) another writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or injury, the refusal may be an oral statement or other form of communication.

       (10) In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under RCW 68.50.550.

       (11) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection (9) of this section.

       (12) An individual who is under the age of eighteen, but is at least sixteen years of age, may make an anatomical gift as provided by subsection (2) of this section, if the document of gift is also signed by either parent or a guardian of the donor. A document of gift signed by a donor under the age of eighteen that is not signed by either parent or a guardian shall not be considered valid until the person reaches the age of eighteen, but may be considered as evidence that the donor has not refused permission to make an anatomical gift under the provisions of RCW 68.50.550.

       NEW SECTION. Sec. 5. A new section is added to chapter 46.20 RCW to read as follows:

       The department shall electronically transfer the information of all persons who upon application for a driver's license or identicard volunteer to donate organs or tissue to a registry created in section 3 of this act, and any subsequent changes to the applicant's donor status when the applicant renews a driver's license or identicard or applies for a new driver's license or identicard.

       NEW SECTION. Sec. 6. A new section is added to chapter 46.12 RCW to read as follows:

       An applicant for a new or renewed registration for a vehicle required to be registered under this chapter or chapter 46.16 RCW may make a donation of one dollar or more to the organ and tissue donation awareness account to promote the donation of organs and tissues under the provisions of the uniform anatomical gift act, RCW 68.50.520 through 68.50.630. The department shall collect the donations and credit the donations to the organ and tissue donation awareness account, created in section 7 of this act. At least quarterly, the department shall transmit donations made to the organ and tissue donation awareness account to the foundation established for organ and tissue donation awareness purposes by the Washington state organ procurement organizations. All Washington state organ procurement organizations will have proportional access to these funds to conduct public education in their service areas. The donation of one or more dollars is voluntary and may be refused by the applicant. The department shall make available informational booklets or other informational sources on the importance of organ and tissue donations to applicants.

       The department shall inquire of each applicant at the time the completed application is presented whether the applicant is interested in making a donation of one dollar or more and shall also specifically inform the applicant of the option for organ and tissue donations as required by RCW 46.20.113. The department shall also provide written information to each applicant volunteering to become an organ and tissue donor. The written information shall disclose that the applicant's name shall be transmitted to the organ and tissue donor registry created in section 3 of this act, and that the applicant shall notify a Washington state organ procurement organization of any changes to the applicant's donor status.

       All reasonable costs associated with the creation of the donation program created under this section must be paid proportionally or by other agreement by a Washington state organ procurement organization.

       For the purposes of this section, "reasonable costs" and "Washington state organ procurement organization" have the same meaning as defined in RCW 68.50.530.

       NEW SECTION. Sec. 7. A new section is added to chapter 68.50 RCW to read as follows:

       (1) The organ and tissue donation awareness account is created in the custody of the state treasurer. All receipts from donations made under section 6 of this act, and other contributions and appropriations specifically made for the purposes of organ and tissue donor awareness, shall be deposited into the account. Except as provided in subsection (2) of this section, expenditures from the account may be authorized by the director of the department of licensing or the director's designee and do not require an appropriation.

       (2) The department of licensing shall submit a funding request to the legislature covering the reasonable costs associated with the ongoing maintenance associated with the electronic transfer of the donor information to the organ and tissue donor registry and the donation program established in section 6 of this act. The legislature shall appropriate to the department of licensing an amount it deems reasonable from the organ and tissue donation awareness account to the department of licensing for these purposes.

       (3) At least quarterly, the department of licensing shall transmit any remaining moneys in the organ and tissue donation awareness account to the foundation established in section 6 of this act for the costs associated with educating the public about the organ and tissue donor registry and related organ and tissue donation education programs.

       (4) Funding for donation awareness programs must be proportional across the state regardless of which Washington state organ procurement organization may be designated by the United States department of health and human services to serve a particular geographic area. No funds from the account may be used to fund activities outside Washington state.

       NEW SECTION. Sec. 8. Section 6 of this act takes effect with registrations that are due or become due January 1, 2004, or later."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      Senator Deccio moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5509.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Deccio to concur in the House amendment to Substitute Senate Bill No. 5509.

      The motion by Senator Deccio carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5509.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5509, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5509, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.

     Excused: Senators Poulsen and West - 2.

      SUBSTITUTE SENATE BILL NO. 5509, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 16, 2003

MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 5995 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 49.12.187 and 1973 2nd ex.s. c 16 s 18 are each amended to read as follows:

       This chapter shall not be construed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages or standards or conditions of employment. However, rules adopted under this chapter regarding appropriate rest and meal periods as applied to employees in the construction trades may be superseded by a collective bargaining agreement negotiated under the national labor relations act, 29 U.S.C. Sec. 151 et seq., if the terms of the collective bargaining agreement covering such employees specifically require rest and meal periods and prescribe requirements concerning those rest and meal periods.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Honeyford, the Senate concurred in the House amendment to Substitute Senate Bill No. 5995.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5995, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5995, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.

     Excused: Senators Poulsen and West - 2.

      SUBSTITUTE SENATE BILL NO. 5995, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 16, 2003

MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE JOINT MEMORIAL NO. 8002 with the following amendment(s):

       Beginning on page 1, after line 10, strike all material through "Washington." on page 3, line 20, and insert the following:

       "WHEREAS, Wildfires in forest areas are increasing at an alarming rate with the 2002 fire season one of the most severe since the 1940s; and

       WHEREAS, There are over 180 million acres of public land near communities with a high risk of fire; and

       WHEREAS, Forest health both in Washington state and throughout the nation has been on a steady decline in many forests over the last thirty years; and

       WHEREAS, Forest insect infestations, disease, overly dense forests, weeds, and brush and shrub build-up are increasing problems; and

       WHEREAS, Federal government agencies can help address the issues faced by forests in Washington by working closely with the state and local communities to restore damaged landscapes and appropriately reforest and manage lands near homes and urban areas;

       NOW, THEREFORE, Your Memorialists respectfully pray that there be appropriate forest health-related management activities conducted on all forestland and on all Washington national forests. Appropriate forest management will enhance and protect the health of federal, state, and private forestlands. Such efforts will reduce the effects of catastrophic wildfire that threaten all forest values, including wildlife, water quality, and recreation opportunities. Appropriate management will protect communities within and surrounding the forests.

       BE IT RESOLVED, That the United States Forest Service review the effectiveness of current fire fighting procedures and fire fighting procedures used in the past, including fire breaks established before fires and fire lines established during fires, to ensure that the most effective methods are used; and

       BE IT FURTHER RESOLVED, That we strongly support federal management activities to reduce the risk of further spreading of insects and disease to state forestlands and private lands adjacent to federal lands; and

       BE IT FURTHER RESOLVED, That we encourage the United States Forest Service to first focus management activities on federal lands that threaten adjacent private lands to decrease the risk of wildfire that could spread on to privately owned timberland, and then request from Congress the authority to use revenue generated from harvest activities to fund ecosystem restoration and reforestation activities to benefit fish and wildlife and improve water quality; and

       BE IT FURTHER RESOLVED, That we encourage the United States Forest Service to strongly consider current market conditions and the economic viability of timber sales when choosing harvest methods, encourage innovative and efficient logging techniques that ensure adequate protection for fish, wildlife, and water quality, and capture as much economic value from timber as possible without compromising water quality or wildlife habitat; and

       BE IT FURTHER RESOLVED, That federal, state, and local agencies work together with the public to streamline the processes to jointly address all forest health issues in order to stem the tide of forest and grazing land wildfire, insect infestations, disease, and environmental degradation; and

       BE IT FURTHER RESOLVED, That federal and state agencies work with all stakeholders to promote efforts that provide policy solutions and to conduct field operations so that our nation's public forests' health issues can be addressed; and

       BE IT FURTHER RESOLVED, That Congress provide adequate funding levels for the United States Forest Service and continually assess the progress towards a healthy forest environment;

       BE IT FURTHER RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the Honorable Ann M. Veneman, Secretary of the Department of Agriculture, Dale Bosworth, Chief of the Forest Service, and the Honorable Gail A. Norton, Secretary of the Department of the Interior, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the state of Washington.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Morton, the Senate concurred in the House amendment to Substitute Senate Joint Memorial No. 8002.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Memorial No. 8002, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8002, as amended by the House, and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.

     Excused: Senators Poulsen and West - 2.

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8002, as amended by the House, having received the constitutional majority, was declared passed.

MESSAGE FROM THE HOUSE

April 16, 2003

MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 5221 with the following amendment(s):

       On page 191, line 19, after "except" strike "Saturdays, Sundays," and insert "Sundays", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      Senator Roach moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5221.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Roach to concur in the House amendment to Substitute Senate Bill No. 5221.

      The motion by Senator Roach carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5221.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5221, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5221, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.

     Excused: Senators Poulsen and West - 2.

      SUBSTITUTE SENATE BILL NO. 5221, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 14, 2003

MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 5335 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.37.530 and 1997 c 328 s 4 are each amended to read as follows:

       (1) It is unlawful:

       (a) For any person to operate a motorcycle or motor-driven cycle not equipped with mirrors on the left and right sides of the motorcycle which shall be so located as to give the driver a complete view of the highway for a distance of at least two hundred feet to the rear of the motorcycle or motor-driven cycle: PROVIDED, That mirrors shall not be required on any motorcycle or motor-driven cycle over twenty-five years old originally manufactured without mirrors and which has been restored to its original condition and which is being ridden to or from or otherwise in conjunction with an antique or classic motorcycle contest, show, or other such assemblage: PROVIDED FURTHER, That no mirror is required on any motorcycle manufactured prior to January 1, 1931;

       (b) For any person to operate a motorcycle or motor-driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to rules adopted by the state patrol;

       (c) For any person to operate or ride upon a motorcycle, motor- driven cycle, or moped on a state highway, county road, or city street unless wearing upon his or her head a ((protective)) motorcycle helmet ((of a type conforming to rules adopted by the state patrol)) except when the vehicle is an antique motor-driven cycle or automobile that is licensed as a motorcycle or when the vehicle is equipped with seat belts and roll bars approved by the state patrol. The motorcycle helmet ((must be equipped with either a)) neck or chin strap ((which shall)) must be fastened securely while the motorcycle or motor-driven cycle is in motion. Persons operating electric-assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets;

       (d) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle;

       (e) For any person to sell or offer for sale a motorcycle helmet ((which)) that does not meet the requirements established by ((the state patrol)) this section.

       (2) The state patrol ((is hereby authorized and empowered to)) may adopt and amend rules, pursuant to the Administrative Procedure Act, concerning ((the)) standards ((and procedures for conformance of rules adopted)) for glasses, goggles, and face shields((, and protective helmets)).

       (3) For purposes of this section, "motorcycle helmet" means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a sticker indicating that the motorcycle helmet meets standards established by the United States Department of Transportation.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Horn, the Senate concurred in the House amendment to Substitute Senate Bill No. 5335.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5335, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5335, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 42.

     Voting nay: Senators Brandland, Fairley, Jacobsen, Morton and Thibaudeau - 5.

     Excused: Senators Poulsen and West - 2.

      SUBSTITUTE SENATE BILL NO. 5335, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 16, 2003

MR. PRESIDENT: 

      The House has passed SENATE BILL NO. 5413 with the following amendment(s):

       On page 4, line 15, strike everything after "(a)" and insert "Is licensed with and works under the direct supervision of an out-of-state broker who meets all of the requirements under subsection (1) of this section; and

       (b) Provides the Washington broker who is working in cooperation with the out-of-state broker with whom the salesperson or associate broker is associated with a copy of the salesperson's or associate broker's current license in good standing from the jurisdiction where the out-of-state salesperson or associate broker maintains an active real estate license in connection with the out-of-state broker.

       (3) A person licensed in a jurisdiction where there is no legal distinction between a real estate broker license and a real estate salesperson license must meet the requirements of subsection (1) of this section before engaging in any activity described in this section that requires a real estate broker license in this state.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      Senator Benton moved that the Senate concur in the House amendment to Senate Bill No. 5413.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Benton to concur in the House amendment to Senate Bill No. 5413.

      The motion by Senator Benton carried and the Senate concurred in the House amendment to Senate Bill No. 5413.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5413, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5413, as amended by the House, 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, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

      SENATE BILL NO. 5413, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 11, 2003

MR. PRESIDENT: 

      The House has passed SENATE BILL NO. 5959 with the following amendment(s):

       On page 2, after line 12, insert the following:

       "(c) The permit holder may use the approach for ingress and egress from the highway for construction or maintenance of the personal wireless service facility during nonpeak traffic hours so long as public safety is not adversely affected. The permit holder may use the approach for ingress and egress at any time for the construction of the facility if public safety is not adversely affected and if construction will not substantially interfere with traffic flow during peak traffic periods."

       On page 2, line 16, strike all of (a) of subsection (2) and insert "(a) The department shall set the yearly cost of a permit in rule."

       On page 2, after line 27 insert the following:

       "(4) The department shall present a report to the house technology, telecommunications, and energy committee and the senate technology and telecommunications committee on the implementation of the permit process and the cost of permits by January 15, 2004, and by the first day of the legislative session following adoption of any rule increasing the cost of permits.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      Senator Esser moved that the Senate concur in the House amendments to Senate Bill No. 5959.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Esser to concur in the House amendments to Senate Bill No. 5959.

      The motion by Senator Esser carried and the Senate concurred in the House amendments to Senate Bill No. 5959.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5959, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5959, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.

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

     Voting nay: Senator Haugen - 1.

     Absent: Senator Hargrove - 1.

     Excused: Senator West - 1.

      SENATE BILL NO. 5959, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 17, 2003

MR. PRESIDENT: 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5942 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

"PART I - LICENSING REQUIREMENTS

     Sec. 1. RCW 70.87.230 and 2002 c 98 s 10 are each amended to read as follows:

     ((No person shall erect, construct, wire, alter, replace, maintain, remove, or dismantle any conveyance contained within a building or structures within the jurisdiction of this)) Except as provided in section 4 of this act, a person may not perform conveyance work within the state unless he or she ((has)) is an elevator mechanic ((license and the person)) who is regularly employed by and is working: (1) For an owner exempt from licensing requirements under section 4 of this act and performing maintenance; (2) for a public agency performing maintenance; or (3) under the direct supervision of ((a person, firm, or company who has an elevator contractors [contractor] license pursuant to this chapter)) an elevator contractor. A person, firm, public agency, or company is not required to ((have an elevator contractors [contractor] license)) be an elevator contractor for removing or dismantling conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the building is demolished back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.

     Sec. 2. RCW 70.87.240 and 2002 c 98 s 12 are each amended to read as follows:

     (1) Any person, firm, public agency, or company wishing to engage in the business of ((installing, altering, servicing, replacing, or maintaining elevators, dumbwaiters, escalators, or moving sidewalks)) performing conveyance work within the ((jurisdiction)) state must ((make application)) apply for ((a)) an elevator contractor license with the department on a form provided by the department and be a registered general or specialty contractor under chapter 18.27 RCW.

     (2) Except as provided by section 4 of this act, any person wishing to ((engage in installing, altering, repairing, or servicing elevators, dumbwaiters, escalators, or moving sidewalks)) perform conveyance work within the ((jurisdiction)) state must ((make application)) apply for ((a)) an elevator mechanic license with the department on a form provided by the department.

     (3) ((No)) An elevator contractor license may not be granted to any person or firm who ((has not proven to)) does not possess the following qualifications:

     (a) Five years' ((work)) experience ((in the elevator industry in construction, maintenance, and service or repair)) performing conveyance work, as verified by current and previous elevator contractors ((licenses)) licensed to do business; or

     (b) Satisfactory completion of a written examination administered by the department on this chapter and the rules adopted under this chapter.

     (4) ((No)) Except as provided in subsection (5) of this section and section 3 of this act, an elevator mechanic license may not be granted to any person who ((has not proven to)) does not possess the following qualifications:

     (a) An acceptable combination of documented experience and education credits: Not less than three years' ((work)) experience ((in the elevator industry, in construction, or maintenance and service or repair)) performing conveyance work, as verified by current and previous employers licensed to do business in this state or public agency employers; and

     (b) Satisfactory completion of a written examination administered by the department on this chapter and the rules adopted under this chapter.

     (5) Any person who furnishes the department with acceptable proof that he or she has ((worked as an elevator constructor, or as a maintenance or repair person)) performed conveyance work in the category for which a license is sought shall upon making application for a license and paying the license fee ((is entitled to)) receive a license without an examination. The person must have:

     (a) Worked without direct and immediate supervision for ((an elevator contractor licensed to do business)) a general or specialty contractor registered under chapter 18.27 RCW and engaged in the business of performing conveyance work in this state. This employment may not be less than each and all of the three years immediately before ((June 13, 2002)) March 1, 2004. The person must ((make application within one year of June 13, 2002)) apply within ninety days after the effective date of rules adopted under this chapter establishing licensing requirements;

     (b) Worked without direct and immediate supervision for an owner exempt from licensing requirements under section 4 of this act or a public agency as an individual responsible for maintenance of conveyances owned by the owner exempt from licensing requirements under section 4 of this act or the public agency. This employment may not be less than each and all of the three years immediately before March 1, 2004. The person must apply within ninety days after the effective date of rules adopted under this chapter establishing licensing requirements;

     (c) Obtained a certificate of completion and successfully passed the mechanic examination of a nationally recognized training program for the elevator industry such as the national elevator industry educational program or its equivalent; or

     (((c))) (d) Obtained a certificate of completion of an apprenticeship program for an elevator mechanic, having standards substantially equal to those of this chapter, and registered with the Washington state apprenticeship and training council.

     (6) A license must be issued to an individual holding a valid license from a state having entered into a reciprocal agreement with the department and having standards substantially equal to those of this chapter, upon application and without examination.

     NEW SECTION. Sec. 3. A new section is added to chapter 70.87 RCW to read as follows:

     CATEGORIES OF LICENSURE. A material lift mechanic license to perform conveyance work on material lifts subject to WAC 296-96-05010 may be granted to any person who possesses the following qualifications:

     (1) The person: (a) Must be employed by an elevator contractor that complies with subsections (2) and (3) of this section; (b) must have successfully completed the training described in subsection (2) of this section; and (c) after successfully completing such training, must have passed a written examination administered by the department that is designed to demonstrate competency with regard to conveyance work on material lifts;

     (2) The employer must provide the persons specified in subsection (1) of this section adequate training, including any training provided by the manufacturer, ensuring worker safety and adherence to the published operating specifications of the conveyance manufacturer; and

     (3) The employer must maintain: (a) A conveyance work log identifying the equipment, describing the conveyance work performed, and identifying the person who performed the conveyance work; (b) a training log describing the course of study applicable to each conveyance and identifying each employee who has successfully completed the training described in subsection (2) of this section and when such training was completed; and (c) a record evidencing that the employer has notified the conveyance owner in writing that the conveyance is not designed to, is not intended to, and should not be used to convey workers.

     NEW SECTION. Sec. 4. A new section is added to chapter 70.87 RCW to read as follows:

     EXEMPTIONS FROM LICENSURE. (1) The licensing requirements of this chapter do not apply to the maintenance of conveyances specified in (a) of this subsection if a person specified in (b) of this subsection performs the maintenance and the owner complies with the requirements specified in (c) and (d) of this subsection.

     (a) The conveyance: (I) Must be a conveyance other than a passenger elevator to which the general public has access; and (ii) must be located in a facility in which agricultural products are stored, food products are processed, goods are manufactured, energy is generated, or similar industrial or agricultural processes are performed.

     (b) The person performing the maintenance: (I) Must be regularly employed by the owner; (ii) must have completed the training described in (c) of this subsection; and (iii) must have attained journey level status in an electrical or mechanical trade, but only if the employer has or uses an established journey level program to train its electrical or mechanical trade employees and the employees perform maintenance in the course of their regular employment.

     (c) The owner must provide the persons specified in (b) of this subsection adequate training to ensure worker safety and adherence to the published operating specifications of the conveyance manufacturer, the applicable provisions of this chapter, and any rules adopted under this chapter.

     (d) The owner also must maintain both a maintenance log and a training log. The maintenance log must describe maintenance work performed on the conveyance and identify the person who performed the work. The training log must describe the course of study provided to the persons specified in (b) of this subsection, including whether it is general or conveyance specific, and when the persons completed the course of study.

     (2) It is a violation of chapter 49.17 RCW for an owner or an employer: (a) To allow a conveyance exempt from the licensing requirements of this chapter under subsection (1) of this section to be maintained by a person other than a person specified in subsection (1)(b) of this section or a licensee; or (b) to fail to maintain the logs required under subsection (1)(d) of this section.

     NEW SECTION. Sec. 5. A new section is added to chapter 70.87 RCW to read as follows:

     In order to effectively administer and implement the elevator mechanic licensing of this chapter, the department may establish elevator mechanic license categories in rule.

     NEW SECTION. Sec. 6. A new section is added to chapter 70.87 RCW to read as follows:

     The department of labor and industries may not adopt rules to implement chapter 98, Laws of 2002, and to implement this act that take effect before March 1, 2004.

PART II - ADVISORY COMMITTEE

     Sec. 7. RCW 70.87.220 and 2002 c 98 s 11 are each amended to read as follows:

     (1) The department may adopt the rules necessary to establish and administer the elevator safety advisory committee. The purpose of the advisory committee is to advise the department on the adoption of rules that apply to conveyances; methods of enforcing and administering this chapter; and matters of concern to the conveyance industry and to the individual installers, owners, and users of conveyances.

     (2) The advisory committee shall consist((s)) of ((five)) seven persons ((appointed by)). The director of the department or his or her designee with the advice of the chief elevator inspector shall appoint the committee members as follows:

     (a) One representative of licensed elevator contractors;

     (b) One representative of elevator mechanics licensed to perform all types of conveyance work;

     (c) One representative of owner-employed mechanics exempt from licensing requirements under section 4 of this act;

     (d) One registered architect or professional engineer representative;

     (e) One building owner or manager representative;

     (f) One registered general commercial contractor representative; and

     (g) One ad hoc member representing a municipality maintaining jurisdiction of conveyances in accordance with RCW 70.87.210.

     (3) The committee members shall serve terms of four years.

     (4) The committee shall meet on the third Tuesday of February, May, August, and November of each year, and at other times at the discretion of the chief ((of the)) elevator ((section)) inspector. The committee members shall serve without per diem or travel expenses.

     (5) The chief elevator inspector shall be the secretary for the advisory committee.

     NEW SECTION. Sec. 8. A new section is added to chapter 70.87 RCW to read as follows:

     (1) The elevator safety advisory committee shall review this chapter as it pertains to the regulation of private residence conveyances. The advisory committee shall report its findings and recommendations to the legislature by January 1, 2004. Until July 1, 2004, the licensing requirements of this chapter do not apply to conveyance work on private residential conveyances if the person performing the conveyance work is working at the direction of the owner, and the owner resides in the residence at which the conveyance is located. This section shall not be construed as modifying any other requirements of this chapter applicable to private residential conveyances.

     (2) This section expires July 1, 2004.

PART III - DEFINITIONS

     Sec. 9. RCW 70.87.010 and 2002 c 98 s 1 are each amended to read as follows:

     For the purposes of this chapter, except where a different interpretation is required by the context:

     (1) "Owner" means any person having title to or control of a conveyance, as guardian, trustee, lessee, or otherwise;

     (2) "Conveyance" means an elevator, escalator, dumbwaiter, belt manlift, automobile parking elevator, moving walk, and other elevating devices, as defined in this section;

     (3) "Existing installations" means an installation defined as an "installation, existing" in this chapter or in rules adopted under this chapter;

     (4) "Elevator" means a hoisting or lowering machine equipped with a car or platform that moves in guides and serves two or more floors or landings of a building or structure;

     (a) "Passenger elevator" means an elevator (I) on which passengers are permitted to ride and (ii) that may be used to carry freight or materials when the load carried does not exceed the capacity of the elevator;

     (b) "Freight elevator" means an elevator (I) used primarily for carrying freight and (ii) on which only the operator, the persons necessary for loading and unloading, and other employees approved by the department are permitted to ride;

     (c) "Sidewalk elevator" means a freight elevator that: (I) Operates between a sidewalk or other area outside the building and floor levels inside the building below the outside area, (ii) ((has no)) does not have a landing opening into the building at its upper limit of travel, and (iii) is not used to carry automobiles;

     (d) "Hand elevator" means an elevator utilizing manual energy to move the car;

     (e) "Inclined elevator" means an elevator that travels at an angle of inclination of seventy degrees or less from the horizontal;

     (f) "Multideck elevator" means an elevator having two or more compartments located one immediately above the other;

     (g) "Observation elevator" means an elevator designed to permit exterior viewing by passengers while the car is traveling;

     (h) "Power elevator" means an elevator utilizing energy other than gravitational or manual to move the car;

     (I) "Electric elevator" means an elevator where the energy is applied by means of an electric driving machine;

     (j) "Hydraulic elevator" means an elevator where the energy is applied by means of a liquid under pressure in a cylinder equipped with a plunger or piston;

     (k) "Direct-plunger hydraulic elevator" means a hydraulic elevator having a plunger or cylinder directly attached to the car frame or platform;

     (l) "Electro-hydraulic elevator" means a direct-plunger elevator where liquid is pumped under pressure directly into the cylinder by a pump driven by an electric motor;

     (m) "Maintained-pressure hydraulic elevator" means a direct-plunger elevator where liquid under pressure is available at all times for transfer into the cylinder;

     (n) "Roped hydraulic elevator" means a hydraulic elevator having its plunger or piston connected to the car with wire ropes or indirectly coupled to the car by means of wire ropes and sheaves;

     (o) "Rack and pinion elevator" means a power elevator, with or without a counterweight, that is supported, raised, and lowered by a motor or motors that drive a pinion or pinions on a stationary rack mounted in the hoistway;

     (p) "Screw column elevator" means a power elevator having an uncounterweighted car that is supported, raised, and lowered by means of a screw thread;

     (q) "Rooftop elevator" means a power passenger or freight elevator that operates between a landing at roof level and one landing below and opens onto the exterior roof level of a building through a horizontal opening;

     (R) "Special purpose personnel elevator" means an elevator that is limited in size, capacity, and speed, and permanently installed in structures such as grain elevators, radio antenna, bridge towers, underground facilities, dams, power plants, and similar structures to provide vertical transportation of authorized personnel and their tools and equipment only;

     (s) "Workmen's construction elevator" means an elevator that is not part of the permanent structure of a building and is used to raise and lower workers and other persons connected with, or related to, the building project;

     (t) "Boat launching elevator" means ((an elevator, as defined by subsections (2) and (4) of this section,)) a conveyance that serves a boat launching structure and a beach or water surface and is used for the carrying or handling of boats in which people ride;

     (u) "Limited-use/limited-application elevator" means a power passenger elevator where the use and application is limited by size, capacity, speed, and rise, intended principally to provide vertical transportation for people with physical disabilities;

     (5) "Escalator" means a power-driven, inclined, continuous stairway used for raising and lowering passengers;

     (6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car (a) that moves in guides in a substantially vertical direction, (b) the floor area of which does not exceed nine square feet, (c) the inside height of which does not exceed four feet, (d) the capacity of which does not exceed five hundred pounds, and (e) that is used exclusively for carrying materials;

     (7) "Automobile parking elevator" means an elevator: (a) Located in either a stationary or horizontally moving hoistway; (b) used exclusively for parking automobiles where, during the parking process, each automobile is moved either under its own power or by means of a power-driven transfer device onto and off the elevator directly into parking spaces or cubicles in line with the elevator; and (c) in which ((no)) persons are not normally stationed on any level except the receiving level;

     (8) "Moving walk" means a passenger carrying device (a) on which passengers stand or walk and (b) on which the passenger carrying surface remains parallel to its direction of motion;

     (9) "Belt manlift" means a power driven endless belt provided with steps or platforms and a hand hold for the transportation of personnel from floor to floor;

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

     (11) "Director" means the director of the department or his or her representative;

     (12) "Inspector" means an elevator inspector of the department or an elevator inspector of a municipality having in effect an elevator ordinance pursuant to RCW 70.87.200;

     (13) "Permit" means a permit issued by the department: (a) To ((construct, install,)) perform conveyance work, other than maintenance; or (b) to operate a conveyance;

     (14) "Person" means this state, a political subdivision, any public or private corporation, any firm, or any other entity as well as an individual;

     (15) "One-man capacity manlift" means a single passenger, hand- powered counterweighted device, or electric-powered device, that travels vertically in guides and serves two or more landings;

     (16) "Private residence conveyance" means a conveyance installed in or on the premises of a single-family dwelling and operated for transporting persons or property from one elevation to another;

     (17) "Material hoist" means a hoist that is not a part of a permanent structure used to raise or lower materials during construction, alteration, or demolition. It is not applicable to the temporary use of permanently installed personnel elevators as material hoists;

     (18) "Material lift" means a lift that (a) is permanently installed, (b) is comprised of a car or platform that moves in guides, (c) serves two or more floors or landings, (d) travels in a vertical or inclined position, (e) is an isolated, self-contained lift, (f) is not part of a conveying system, and (g) is installed in a commercial or industrial area not accessible to the general public or intended to be operated by the general public;

     (19) "Casket lift" means a lift that (a) is installed at a mortuary, (b) is designed exclusively for carrying of caskets, (c) moves in guides in a basically vertical direction, and (d) serves two or more floors or landings;

     (20) "Wheelchair lift" means a lift that travels in a vertical or inclined direction and is designed for use by physically handicapped persons;

     (21) "Stairway chair lift" means a lift that travels in a basically inclined direction and is designed for use by physically handicapped persons;

     (22) "Personnel hoist" means a hoist that is not a part of a permanent structure, is installed inside or outside buildings during construction, alteration, or demolition, and used to raise or lower workers and other persons connected with, or related to, the building project. The hoist may also be used for transportation of materials;

     (23) "Advisory committee" means the elevator advisory committee as described in this chapter;

     (24) "Elevator helper/apprentice" means a person who works under the general direction of a licensed elevator mechanic. A license is not required to be an elevator helper/apprentice;

     (25) "Elevator contractor" means any person, firm, or company that possesses an elevator contractor license in accordance with this chapter and who is engaged in the business of performing conveyance work covered by this chapter;

     (26) "Elevator mechanic" means any person who possesses an elevator mechanic license in accordance with this chapter and who is engaged in ((erecting, constructing, installing, altering, serving [servicing], repairing, or maintaining elevators or related conveyances)) performing conveyance work covered by this chapter;

     (((26))) (27) "License" means a written license, duly issued by the department, authorizing a person, firm, or company to carry on the business of ((erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances)) performing conveyance work or to perform conveyance work covered by this chapter;

     (((27))) (28) "Elevator contractor license" means a license that is issued to an elevator contractor who has met the qualification requirements established in RCW 70.87.240;

     (((28))) (29) "Elevator mechanic license" means a license that is issued to a person who has met the qualification requirements established in RCW 70.87.240;

     (((29))) (30) "Licensee" means the elevator mechanic or elevator contractor;

     (31) "Conveyance work" means the alteration, construction, dismantling, erection, installation, maintenance, relocation, and wiring of a conveyance;

     (32) "Alteration" means any change to equipment, including its parts, components, and/or subsystems, other than maintenance, repair, or replacement;

     (33) "Maintenance" means a process of routine examination, lubrication, cleaning, servicing, and adjustment of parts, components, and/or subsystems for the purpose of ensuring performance in accordance with this chapter. "Maintenance" includes repair and replacement, but not alteration;

     (34) "Repair" means the reconditioning or renewal of parts, components, and/or subsystems necessary to keep equipment in compliance with this chapter;

     (35) "Replacement" means the substitution of a device, component, and/or subsystem in its entirety with a unit that is basically the same as the original for the purpose of ensuring performance in accordance with this chapter;

     (36) "Public agency" means a county, incorporated city or town, municipal corporation, state agency, institution of higher education, political subdivision, or other public agency and includes any department, bureau, office, board, commission or institution of such public entities;

     (37) "Platform" means a rigid surface that is maintained in a horizontal position at all times when in use, and upon which passengers stand or a load is carried.

PART IV - TECHNICAL AMENDMENTS

     Sec. 10. RCW 70.87.020 and 2002 c 98 s 2 are each amended to read as follows:

     (1) The purpose of this chapter is to provide for safety of life and limb, to promote safety awareness, and to ensure the safe((,)) design, mechanical and electrical operation, ((erection, installation, alteration, maintenance, inspection, and repair of conveyances)) and inspection of conveyances, and performance of conveyance work, and all such operation, ((erection, installation, alteration,)) inspection, and ((repair)) conveyance work subject to the provisions of this chapter shall be reasonably safe to persons and property and in conformity with the provisions of this chapter and the applicable statutes of the state of Washington, and all orders, and rules of the department. The use of unsafe and defective ((lifting devices)) conveyances imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. ((Elevator)) Personnel performing work covered by this chapter must, by documented training or experience or both, be familiar with the operation and safety functions of the components and equipment. Training and experience must include, but not be limited to, recognizing the safety hazards and performing the procedures to which ((they)) the personnel performing conveyance work covered by this chapter are assigned in conformance with the requirements of ((the [this])) this chapter. This chapter establishes the minimum standards for ((elevator)) personnel performing conveyance work.

     (2) This chapter is not intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by this chapter, provided that there is technical documentation to demonstrate the equivalency of the system, method, or device, as prescribed in this chapter and the rules adopted under this chapter.

     (3) In any suit for damages allegedly caused by a failure or malfunction of the conveyance, conformity with the rules of the department is prima facie evidence that the ((operation, erection, installation, alteration, maintenance, inspection, and repair of the)) conveyance work, operation, and inspection is reasonably safe to persons and property.

     Sec. 11. RCW 70.87.030 and 2002 c 98 s 3 are each amended to read as follows:

     The department shall adopt rules governing the mechanical and electrical operation, ((erection, installation, alterations, inspection,)) acceptance tests, ((and repair of conveyances)) conveyance work, operation, and inspection that are necessary and appropriate and shall also adopt minimum standards governing existing installations. In the execution of this rule-making power and before the adoption of rules, the department shall consider the rules for ((the safe mechanical operation, erection, installation, alteration, inspection, and repair of conveyances)) safe conveyance work, operation, and inspection, including the American National Standards Institute Safety Code for Personnel and Material Hoists, the American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, and Escalators, and any amendatory or supplemental provisions thereto. The department by rule shall establish a schedule of fees to pay the costs incurred by the department for the work related to administration and enforcement of this chapter. Nothing in this chapter limits the authority of the department to prescribe or enforce general or special safety orders as provided by law.

     The department may consult with: Engineering authorities and organizations concerned with standard safety codes; rules and regulations governing ((the operation, maintenance, servicing, construction, alteration, installation, and/or inspection of elevators, dumbwaiters, and escalators, etcetera)) conveyance work, operation, and inspection; and the qualifications that are adequate, reasonable, and necessary for the elevator mechanic, contractor, and inspector.

     Sec. 12. RCW 70.87.050 and 2002 c 98 s 4 are each amended to read as follows:

     The ((operation, erection, installation, alteration, maintenance, inspection, and repair)) conveyance work on, and the operation and inspection of any conveyance located in, or used in connection with, any building owned by the state, a county, or a political subdivision, other than those located within and owned by a city having an elevator code, shall be under the jurisdiction of the department.

     Sec. 13. RCW 70.87.060 and 1983 c 123 s 6 are each amended to read as follows:

     (1) The person ((installing, relocating, or altering a)), elevator contractor, or public agency performing conveyance work is responsible for ((its)) operation and maintenance of the conveyance until the department has issued an operating permit for the conveyance, except during the period when a limited operating permit in accordance with RCW 70.87.090(2) is in effect, and is also responsible for all tests of a new, relocated, or altered conveyance until the department has issued an operating permit for the conveyance.

     (2) The owner or his or her duly appointed agent shall be responsible for the safe operation and proper maintenance of the conveyance after the department has issued the operating permit and also during the period of effectiveness of any limited operating permit in accordance with RCW 70.87.090(2). The owner shall be responsible for all periodic tests required by the department.

     Sec. 14. RCW 70.87.080 and 1983 c 123 s 8 are each amended to read as follows:

     (1) ((An installation)) A permit shall be obtained from the department before ((erecting, installing, relocating, or altering)) performing work, other than maintenance, on a conveyance under the jurisdiction of the department.

     (2) The installer of the conveyance shall submit an application for the permit in duplicate, in a form that the department may prescribe.

     (3) The permit issued by the department shall be kept posted conspicuously at the site of installation.

     (4) ((No)) A permit is not required for ((repairs and replacement normally necessary for maintenance and made with parts of equivalent materials, strength, and design)) maintenance.

     (5) After the effective date of rules adopted under this chapter establishing licensing requirements, the department may issue a permit for conveyance work only to an elevator contractor unless the permit is for conveyance work on private residence conveyances. After July 1, 2004, the department may not issue a permit for conveyance work on private residence conveyances to a person other than an elevator contractor.

     Sec. 15. RCW 70.87.100 and 2002 c 98 s 5 are each amended to read as follows:

     (1) All ((new)) conveyance installations, relocations, or alterations must be performed by ((a person, firm, or company to which a license to install, relocate, or alter conveyances has been issued)) an elevator contractor employing an elevator mechanic.

     (2) The ((person or firm installing, relocating, or altering a)) elevator contractor employing an elevator mechanic performing such conveyance work shall notify the department before completion of the work, and shall subject the new, moved, or altered portions of the conveyance to the acceptance tests.

     (3) All new, altered, or relocated conveyances for which a permit has been issued, shall be inspected for compliance with the requirements of this chapter by an authorized representative of the department. The authorized representative shall also witness the test specified.

     Sec. 16. RCW 70.87.125 and 2002 c 98 s 6 are each amended to read as follows:

     (1) A license issued under this chapter may be suspended, revoked, or subject to civil penalty by the department upon verification that any one or more of the following reasons exist:

     (a) Any false statement as to a material matter in the application;

     (b) Fraud, misrepresentation, or bribery in securing a license;

     (c) Failure to notify the department and the owner or lessee of ((an elevator)) a conveyance or related mechanisms of any condition not in compliance with this chapter; ((and))

     (d) A violation of any provisions of this chapter; and

     (e) If the elevator contractor does not employ an individual designated as the primary point of contact with the department and who has successfully completed the elevator contractor examination. In the case of a separation of employment, termination of this relationship or designation, or death of the designated individual, the elevator contractor must, within ninety days, designate a new individual who has successfully completed the elevator contractor examination.

     (2) The department may suspend or revoke a permit if:

     (a) The permit was obtained through fraud or by error if, in the absence of error, the department would not have issued the permit;

     (b) The conveyance for which the permit was issued has not been ((constructed, installed, maintained, or repaired)) worked on in accordance with ((the requirements of)) this chapter; or

     (c) The conveyance has become unsafe.

     (3) The department shall suspend any license issued under this chapter promptly after receiving notice from the department of social and health services that the holder of the license has been certified pursuant to RCW 74.20A.320 as a person who is not in compliance with a support order. If the person has continued to meet all other license requirements during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

     (4) The department shall notify in writing the owner, licensee, or person ((installing the conveyance)) performing conveyance work, of its action and the reason for the action. The department shall send the notice by certified mail to the last known address of the owner or person. The notice shall inform the owner or person that a hearing may be requested pursuant to RCW 70.87.170.

     (((4))) (5)(a) If the department has suspended or revoked a permit or license because of fraud or error, and a hearing is requested, the suspension or revocation shall be stayed until the hearing is concluded and a decision is issued.

     (b) If the department has revoked or suspended a license because the ((elevator personnel)) licensee performing the work covered by this chapter is working in a manner that does not effectively prevent injuries or deaths or protect employees and the public from unsafe conditions as is required by this chapter, the suspension or revocation is effective immediately and shall not be stayed by a request for a hearing.

     (c) If the department has revoked or suspended a permit because the conveyance is unsafe or the conveyance work is not ((constructed, installed, maintained, or repaired)) permitted and performed in accordance with this chapter, the suspension or revocation is effective immediately and shall not be stayed by a request for a hearing.

     (((5))) (6) The department must remove a suspension or reinstate a revoked license if the licensee pays all the assessed civil penalties and is able to demonstrate to the department that the licensee has met all the qualifications established by this chapter.

     (((6))) (7) The department shall remove a suspension or reinstate a revoked permit if a conveyance is repaired or modified to bring it into compliance with this chapter.

     Sec. 17. RCW 70.87.145 and 2002 c 98 s 7 are each amended to read as follows:

     (1) An authorized representative of the department may order the owner or person operating a conveyance to discontinue the operation of a conveyance, and may place a notice that states that the conveyance may not be operated on a conspicuous place in the conveyance, if ((the conveyance)):

     (a) The conveyance work has not been ((constructed, installed, maintained, or repaired)) permitted and performed in accordance with ((the requirements of)) this chapter; or

     (b) The conveyance has otherwise become unsafe.

The order is effective immediately, and shall not be stayed by a request for a hearing.

     (2) The department shall prescribe a form for the order to discontinue operation. The order shall specify why the conveyance violates this chapter or is otherwise unsafe, and shall inform the owner or operator that he or she may request a hearing pursuant to RCW 70.87.170. A request for a hearing does not stay the effect of the order.

     (3) The department shall rescind the order to discontinue operation if the conveyance is fixed or modified to bring it into compliance with this chapter.

     (4) An owner or a person that knowingly operates or allows the operation of a conveyance in contravention of an order to discontinue operation, or removes a notice not to operate, is:

     (a) Guilty of a misdemeanor; and

     (b) Subject to a civil penalty under RCW 70.87.185.

     (5) The department may conduct random on-site inspections and tests on existing installations, witnessing periodic inspections and testing in order to ensure satisfactory ((performance by licensed)) conveyance work by persons, firms, or companies performing conveyance work, and assist in development of public awareness programs.

     Sec. 18. RCW 70.87.170 and 2002 c 98 s 8 are each amended to read as follows:

     (1) Any person aggrieved by an order or action of the department denying, suspending, revoking, or refusing to renew a permit or license; assessing a penalty for a violation of this chapter; or ordering the operation of a conveyance to be discontinued, may request a hearing within fifteen days after notice (([of])) of the department's order or action is received. The date the hearing was requested shall be the date the request for hearing was postmarked. The party requesting the hearing must accompany the request with a certified or cashier's check for two hundred dollars payable to the department. The department shall refund the two hundred dollars if the party requesting the hearing prevails at the hearing; otherwise, the department shall retain the two hundred dollars.

     If the department does not receive a timely request for hearing, the department's order or action is final and may not be appealed.

     (2) If the aggrieved party requests a hearing, the department shall ask an administrative law judge to preside over the hearing. The hearing shall be conducted in accordance with chapter 34.05 RCW.

     Sec. 19. RCW 70.87.180 and 2002 c 98 s 9 are each amended to read as follows:

     (1) The ((construction, installation, relocation, alteration, maintenance, or)) performance of conveyance work, other than maintenance, or the operation of a conveyance without a permit by any person owning or having the custody, management, or operation thereof, except as provided in RCW 70.87.080 and 70.87.090, is a misdemeanor. Each day of violation is a separate offense. ((No)) A prosecution may not be maintained ((where)) if a person has requested the issuance or renewal of a permit ((has been requested but upon which no action has been taken by)) but the department has not acted.

     (2) The ((construction, installation, relocation, alteration, maintenance, or operation of a conveyance)) performance of conveyance work, other than the maintenance of conveyances as specified in section 4 of this act, without a license by any person is a misdemeanor. Each day of violation is a separate offense. ((No)) A prosecution may not be maintained ((where)) if a person has requested the issuance or renewal of a license ((has been requested by an applicant but upon which no action has been taken by)) but the department has not acted.

     Sec. 20. RCW 70.87.200 and 1983 c 123 s 22 are each amended to read as follows:

     (1) The provisions of this chapter do not apply where:

     (a) A conveyance is permanently removed from service or made effectively inoperative; or

     (b) Lifts, man hoists, or material hoists are erected temporarily for use during construction work only and are of such a design that they must be operated by a workman stationed at the hoisting machine.

     (2) Except as limited by RCW 70.87.050, municipalities having in effect an elevator code prior to June 13, 1963 may continue to assume jurisdiction over ((the operation, erection, installation, alteration, or repair of elevators, escalators, dumbwaiters, moving walks, manlifts, and parking elevators)) conveyance work and may inspect, issue permits, collect fees, and prescribe minimum requirements for ((the construction, design, use, and maintenance of conveyances)) conveyance work and operation if the requirements are equal to the requirements of this chapter and to all rules pertaining to conveyances adopted and administered by the department. Upon the failure of a municipality having jurisdiction over conveyances to carry out the provisions of this chapter with regard to a conveyance, the department may assume jurisdiction over the conveyance. If a municipality elects not to maintain jurisdiction over certain conveyances located therein, it may enter into a written agreement with the department transferring exclusive jurisdiction of the conveyances to the department. The city may not reassume jurisdiction after it enters into such an agreement with the department.

     Sec. 21. RCW 70.87.250 and 2002 c 98 s 13 are each amended to read as follows:

     (1) Upon approval of an application, the department may issue a license that is ((biannually [biennially])) biennially renewable. The fee for the license and for any renewal shall be set by the department in rule.

     (2) The department may issue temporary elevator mechanic licenses. These temporary elevator mechanic licenses will be issued to those certified as qualified and competent by licensed elevator contractors. The company shall furnish proof of competency as the department may require. Each license must recite that it is valid for a period of thirty days from the date of issuance and for such particular ((elevators)) conveyance or geographical areas as the department may designate, and otherwise entitles the licensee to the rights and privileges of an elevator mechanic license issued in this chapter. A temporary elevator mechanic license ((must)) may be renewed by the department and a fee as established in rule must be charged for any temporary elevator mechanic license or renewal.

     (3) The renewal of all licenses granted under this section is conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing rules of the department. The course must consist of not less than eight hours of instruction that must be attended and completed within one year immediately preceding any license renewal.

     (4) The courses must be taught by instructors through continuing education providers that may include, but are not limited to, association seminars and labor training programs. The department must approve the continuing education providers. All instructors must be approved by the department and are exempt from the requirements of subsection (3) of this section with regard to his or her application for license renewal, provided that such applicant was qualified as an instructor at any time during the one year immediately preceding the scheduled date for such renewal.

     (5) A licensee who is unable to complete the continuing education course required under this section before the expiration of his or her license due to a temporary disability may apply for a waiver from the department. This will be on a form provided by the department and signed under the pains and penalties of perjury and accompanied by a certified statement from a competent physician attesting to the temporary disability. Upon the termination of the temporary disability, the licensee must submit to the department a certified statement from the same physician, if practicable, attesting to the termination of the temporary disability. At which time a waiver sticker, valid for ninety days, must be issued to the licensee and affixed to his or her license.

     (6) Approved training providers must keep uniform records, for a period of ten years, of attendance of licensees and these records must be available for inspection by the department at its request. Approved training providers are responsible for the security of all attendance records and certificates of completion. However, falsifying or knowingly allowing another to falsify attendance records or certificates of completion constitutes grounds for suspension or revocation of the approval required under this section.

     Sec. 22. RCW 70.87.260 and 2002 c 98 s 14 are each amended to read as follows:

     This chapter cannot be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, ((maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing any elevator)) testing, inspecting, or performing conveyance work on any conveyance or other related mechanisms covered by this chapter for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefore or any liability to any person for whatever reason whatsoever by the adoption of this chapter or any acts or omissions arising hereunder.

PART V - EFFECTIVE DATE

     NEW SECTION. Sec. 23. Part headings and captions used in this act are not any part of the law.

     NEW SECTION. Sec. 24. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

     Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    On motion of Senator Honeyford, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5942.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5942, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5942, as amended by the House, 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, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

    ENGROSSED SUBSTITUTE SENATE BILL NO. 5942, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 18, 2003

MR. PRESIDENT: 

    The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5890 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

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

     Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    Senator Swecker moved that the Senate concur in the House amendment to Second Substitute Senate Bill No. 5890.

    Debate ensued.

    The President declared the question before the Senate to be the motion by Senator Swecker to concur in the House amendment to Second Substitute Senate Bill No. 5890.

    The motion by Senator Swecker carried and the Senate concurred in the House amendment to Second Substitute Senate Bill No. 5890.

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

ROLL CALL

    The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5890, as amended by the House, 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, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

    SECOND SUBSTITUTE SENATE BILL NO. 5890, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 16, 2003

MR. PRESIDENT: 

    The House has passed SUBSTITUTE SENATE BILL NO. 5434 with the following amendment(s):

    On page 2, beginning on line 31, strike all of subsection (7) and insert the following:

     “(7) This chapter does not require an electrical contractor license if: (a) An appropriately certified electrician or a properly supervised certified electrical trainee is performing the installation, repair, or maintenance of wires and equipment for a nonprofit corporation that holds a current tax exempt status as provided under 26 U.S.C. Sec. 501 (c)(3) or a nonprofit religious organization; (b) the certified electrician or certified electrical trainee is not compensated for the electrical work; and (c) the value of the electrical work does not exceed thirty thousand dollars.”, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    On motion of Senator Honeyford, the Senate concurred in the House amendment to Substitute Senate Bill No. 5434.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5434, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute Senate Bill No. 5434, as amended by the House, 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, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

    SUBSTITUTE SENATE BILL NO. 5434, as amended by the House, 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 Eide, Senator Reardon was excused.

    On motion of Senator Hewitt, Senator Deccio was excused.

MESSAGE FROM THE HOUSE

April 17, 2003

MR. PRESIDENT: 

    The House has passed SENATE BILL NO. 5176 with the following amendment(s):

     On page 2, line 25, after "state." insert "Wildland training reimbursement will be provided if a fire protection district or a city fire department has and is fulfilling their interior attack policy or if they do not have an interior attack policy.", and the same are herewith transmitted. 

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    Senator Roach moved that the Senate concur in the House amendment to Senate Bill No. 5176.

    Debate ensued.

    The President declared the question before the Senate to be the motion by Senator Roach to concur in the House amendment to Senate Bill No. 5176.

    The motion by Senator Roach carried and the Senate concurred in the House amendment to Senate Bill No. 5176.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5176, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Senate Bill No. 5176, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     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, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.

     Excused: Senators Deccio, Reardon and West - 3.

    SENATE BILL NO. 5176, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 17, 2003

MR. PRESIDENT: 

    The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5586 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

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

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

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

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

     (ii) The lead contamination control act;

     (iii) The safe drinking water act;

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

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

     (b) Implementing regulations of:

     (I) The environmental protection agency;

     (ii) The department of housing and urban development;

     (iii) The occupational safety and health administration; and

     (iv) The centers for disease control and prevention.

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

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

     (5) For the welfare of the people of the state of Washington, this chapter establishes a lead-based paint activities program within the department of community, trade, and economic development to protect the general public from exposure to lead hazards and to ensure the availability of a trained and qualified work force to identify and address lead-based paint hazards. The legislature recognizes the department of community, trade, and economic development is not a regulatory agency and may delegate enforcement responsibilities under this act to local governments or private entities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (11) "Federal laws and rules" means:

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

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

     (c) Any other requirements adopted by a federal agency with jurisdiction over lead-based paint hazards.

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

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

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

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

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

     (17) "Risk assessment" means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (2) Rules adopted under this section shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

     (a) Training curriculum;

     (b) Training hours;

     (c) Hands-on training;

     (d) Trainee competency and proficiency;

     (e) Training program quality control;

     (f) Procedures for the reaccreditation of training programs;

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

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

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

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

     (4) Establish procedures for recertification;

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

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

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

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

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

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

     (b) Risk assessment; and

     (c) Abatement;

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

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

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

     (c) Authority to apply criminal sanctions or other criminal authority using existing state laws as applicable.

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

     NEW SECTION. Sec. 6. The lead paint account is created in the state treasury. All receipts from section 3 of this act shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter.

     NEW SECTION. Sec. 7. (1)(a) The director or the director's designee is authorized to inspect at reasonable times and, when feasible, with at least twenty-four hours prior notification:

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

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

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

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

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

     NEW SECTION. Sec. 8. (1) The department is designated as the official agency of this state for purposes of cooperating with, and implementing the state lead-based paint activities program under the jurisdiction of the United States environmental protection agency.

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

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

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

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

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

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

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

     (c) Obtaining certification through fraud or misrepresentation;

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

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

     NEW SECTION. Sec. 9. (1) The department's duties under this act are subject to authorization of the state program from the federal government within two years of the effective date of this section. This act expires if the federal environmental protection agency does not authorize a state program within two years of the effective date of this act.

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

     NEW SECTION. Sec. 10. Sections 1 through 9 of this act constitute a new chapter in Title 70 RCW.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    Senator Morton moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 5586.

    Debate ensued.

    The President declared the question before the Senate to be the motion by Senator Morton to concur in the House amendment to Engrossed Substitute Senate Bill No. 5586.

    The motion by Senator Morton carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5586.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5586, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5586, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     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, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.

     Excused: Senators Deccio, Reardon and West - 3.

    ENGROSSED SUBSTITUTE SENATE BILL NO. 5586, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 18, 2003

MR. PRESIDENT: 

    The House has passed SUBSTITUTE SENATE BILL NO. 5575 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 90.03.370 and 2002 c 329 s 10 are each amended to read as follows:

     (1)(a) All applications for reservoir permits are subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the secondary permit, which shall be in compliance with the provisions of RCW 90.03.250 through 90.03.320. Such secondary application shall refer to such reservoir as its source of water supply and shall show documentary evidence that an agreement has been entered into with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When the beneficial use has been completed and perfected under the secondary permit, the department shall take the proof of the water users under such permit and the final certificate of appropriation shall refer to both the ditch and works described in the secondary permit and the reservoir described in the primary permit. The department may accept for processing a single application form covering both a proposed reservoir and a proposed secondary permit or permits for use of water from that reservoir.

     (b) The department shall expedite processing applications for the following types of storage proposals:

     (I) Development of storage facilities that will not require a new water right for diversion or withdrawal of the water to be stored;

     (ii) Adding or changing one or more purposes of use of stored water;

     (iii) Adding to the storage capacity of an existing storage facility; and

     (iv) Applications for secondary permits to secure use from existing storage facilities.

     (c) A secondary permit for the beneficial use of water shall not be required for use of water stored in a reservoir where the water right for the source of the stored water authorizes the beneficial use.

     (2)(a) For the purposes of this section, "reservoir" includes, in addition to any surface reservoir, any naturally occurring underground geological formation where water is collected and stored for subsequent use as part of an underground artificial storage and recovery project. To qualify for issuance of a reservoir permit an underground geological formation must meet standards for review and mitigation of adverse impacts identified, for the following issues:

     (I) Aquifer vulnerability and hydraulic continuity;

     (ii) Potential impairment of existing water rights;

     (iii) Geotechnical impacts and aquifer boundaries and characteristics;

     (iv) Chemical compatibility of surface waters and ground water;

     (v) Recharge and recovery treatment requirements;

     (vi) System operation;

     (vii) Water rights and ownership of water stored for recovery; and

     (viii) Environmental impacts.

     (b) Standards for review and standards for mitigation of adverse impacts for an underground artificial storage and recovery project shall be established by the department by rule. Notwithstanding the provisions of RCW 90.03.250 through 90.03.320, analysis of each underground artificial storage and recovery project and each underground geological formation for which an applicant seeks the status of a reservoir shall be through applicant-initiated studies reviewed by the department.

     (3) For the purposes of this section, "underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a ground water subarea is established.

     (4) Nothing in chapter 98, Laws of 2000 changes the requirements of existing law governing issuance of permits to appropriate or withdraw the waters of the state.

     (5) The department shall report to the legislature by December 31, 2001, on the standards for review and standards for mitigation developed under subsection (3) of this section and on the status of any applications that have been filed with the department for underground artificial storage and recovery projects by that date.

     (6) Where needed to ensure that existing storage capacity is effectively and efficiently used to meet multiple purposes, the department may authorize reservoirs to be filled more than once per year or more than once per season of use.

     (7) This section does not apply to facilities to recapture and reuse return flow from irrigation operations serving a single farm under an existing water right as long as the acreage irrigated is not increased beyond the acreage allowed to be irrigated under the water right.

     (8) In addition to the facilities exempted under subsection (7) of this section, this section does not apply to small irrigation impoundments. For purposes of this section, "small irrigation impoundments" means lined surface storage ponds less than ten acre feet in volume used to impound irrigation water under an existing water right where use of the impoundment: (a)(I) Facilitates efficient use of water; or (ii) promotes compliance with an approved recovery plan for endangered or threatened species; and (b) does not expand the number of acres irrigated or the annual consumptive quantity of water used. Such ponds must be lined unless a licensed engineer determines that a liner is not needed to retain water in the pond and to prevent ground water contamination. Although it may also be composed of other materials, a properly maintained liner may be composed of bentonite. Water remaining in a small irrigation impoundment at the end of an irrigation season may be carried over for use in the next season. However, the limitations of this subsection (8) apply. Development and use of a small irrigation impoundment does not constitute a change or amendment for purposes of RCW 90.03.380 or 90.44.055.

     Sec. 2. RCW 90.03.380 and 2001 c 237 s 5 are each amended to read as follows:

     (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right. For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to the water right, reduced by the estimated annual amount of return flows, averaged over the two years of greatest use within the most recent five-year period of continuous beneficial use of the water right. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and the application shall not be granted until notice of the application is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

     (2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

     (3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.

     (4) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.

     (5)(a) Pending applications for new water rights are not entitled to protection from impairment, injury, or detriment when an application relating to an existing surface or ground water right is considered.

     (b) Applications relating to existing surface or ground water rights may be processed and decisions on them rendered independently of processing and rendering decisions on pending applications for new water rights within the same source of supply without regard to the date of filing of the pending applications for new water rights.

     (c) Notwithstanding any other existing authority to process applications, including but not limited to the authority to process applications under WAC 173-152-050 as it existed on January 1, 2001, an application relating to an existing surface or ground water right may be processed ahead of a previously filed application relating to an existing right when sufficient information for a decision on the previously filed application is not available and the applicant for the previously filed application is sent written notice that explains what information is not available and informs the applicant that processing of the next application will begin. The previously filed application does not lose its priority date and if the information is provided by the applicant within sixty days, the previously filed application shall be processed at that time. This subsection (5)(c) does not affect any other existing authority to process applications.

     (d) Nothing in this subsection (5) is intended to stop the processing of applications for new water rights.

     (6) No applicant for a change, transfer, or amendment of a water right may be required to give up any part of the applicant's valid water right or claim to a state agency, the trust water rights program, or to other persons as a condition of processing the application.

     (7) In revising the provisions of this section and adding provisions to this section by chapter 237, Laws of 2001, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised.

     (8) The development and use of a small irrigation impoundment, as defined in RCW 90.03.370(8), does not constitute a change or amendment for the purposes of this section. The exemption expressly provided by this subsection shall not be construed as requiring a change or transfer of any existing water right to enable the holder of the right to store water governed by the right.

     Sec. 3. RCW 90.44.100 and 1997 c 316 s 2 are each amended to read as follows:

     (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing the holder's priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water.

     (2) An amendment to construct replacement or a new additional well or wells at a location outside of the location of the original well or wells or to change the manner or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (a) The additional or replacement well or wells shall tap the same body of public ground water as the original well or wells; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.

     (3) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same body of public ground water as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3).

     (4) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well.

     (5) The development and use of a small irrigation impoundment, as defined in RCW 90.03.370(8), does not constitute a change or amendment for the purposes of this section. The exemption expressly provided by this subsection shall not be construed as requiring an amendment of any existing water right to enable the holder of the right to store water governed by the right.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    On motion of Senator Morton, the Senate concurred in the House amendment to Substitute Senate Bill No. 5575.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5575, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute Senate Bill No. 5575, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     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, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.

     Excused: Senators Deccio, Reardon and West - 3.

    SUBSTITUTE SENATE BILL NO. 5575, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 11, 2003

MR. PRESIDENT: 

    The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5977 with the following amendment(s):

    Strike everything after the enacting clause and insert the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (1) For the purposes of this section:

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

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

     (2) The department shall establish a process for issuing a lease for the use of the right of way by a service provider and shall require that telecommunications equipment be co-located on the same structure whenever practicable. Consistent with federal highway administration approval, the lease must include the right of direct ingress and egress from the highway for construction and maintenance of the personal wireless service facility during nonpeak hours if public safety is not adversely affected. Direct ingress and egress may be allowed at any time for the construction of the facility if public safety is not adversely affected and if construction will not substantially interfere with traffic flow during peak traffic periods. The lease may specify an indirect ingress and egress to the facility if it is reasonable and available for the particular location.

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

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

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

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

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

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

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

     NEW SECTION. Sec. 7. The department of transportation shall report to the legislature on the implementation of the lease process. The department must submit this report to the house technology, telecommunications and energy committee and the senate technology and communications committee. An implementation report shall be submitted by January 15, 2004, and a status report shall be submitted by January 15, 2005.

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

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    On motion of Senator Esser, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5977.

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

ROLL CALL

    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5977, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, 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, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, Winsley and Zarelli - 42.

     Voting nay: Senators Fairley, Haugen, Spanel and Thibaudeau - 4.

     Excused: Senators Deccio, Reardon and West - 3.

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

MOTION

    On motion of Senator Eide, Senator Brown was excused.

MESSAGE FROM THE HOUSE

April 17, 2003

MR. PRESIDENT: 

    The House has passed SUBSTITUTE SENATE BILL NO. 5912 with the following amendment(s):

    Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. FINDINGS AND INTENT. The legislature finds that an actively coordinated and cooperatively facilitated railcar pool for transportation of perishable agricultural commodities is necessary for the continued viability and competitiveness of Washington's agricultural industry. The legislature also finds that the rail transportation model established by the Washington Grain Train program has been successful in serving the shipping needs of the wheat industry.

     It is, therefore, the intent of the legislature to authorize and direct the Washington department of transportation to develop a railcar program for Washington's perishable commodity industries to be known as the Washington Produce Railcar Pool. This railcar program should be modeled from the Washington Grain Train program, but be made flexible enough to work with entities outside state government in order to fulfill its mission, including, but not limited to, the federal and local governments, commodity commissions, and private entities.

     NEW SECTION. Sec. 2. DEFINITION. As used in this act "short line railroad" means a Class II or Class III railroad as defined by the United States Surface Transportation Board.

     NEW SECTION. Sec. 3. DEPARTMENTAL AUTHORITY. In addition to powers otherwise granted by law, the department may establish a Washington Produce Railcar Pool to promote viable, cost-effective rail service for Washington produce, including but not limited to apples, onions, pears, and potatoes, both processed and fresh.

     To the extent that funds are appropriated, the department may:

     (1) Operate the Washington Produce Railcar Pool program while working in close coordination with the department of agriculture, interested commodity commissions, port districts, and other interested parties;

     (2) For the purposes of this program:

     (a) Purchase or lease new or used refrigerated railcars;

     (b) Accept donated refrigerated railcars; and

     (c) Refurbish and remodel the railcars.

     (3) Hire, in consultation with affected stakeholders, including but not limited to short line railroads, commodity commissions, and port districts, a transportation management firm to perform the function outlined in section 5 of this act; and

     (4) Contribute the efforts of a short line rail-financing expert to find funding for the project to help interested short line railroads in this state to accomplish the necessary operating arrangements once the railcars are ready for service.

     NEW SECTION. Sec. 4. FUNDING. To the extent that funds are appropriated, the department shall fund the program as follows: The department may accept funding from the federal government, or other public or private sources, to purchase or lease new or used railcars and to refurbish and remodel the railcars as needed. Nothing in this section precludes other entities, including but not limited to short line railroads, from performing the remodeling under sections 1 through 6 of this act.

     NEW SECTION. Sec. 5. RAILCAR POOL MANAGEMENT. (1) The transportation management firm hired under section 3(3) of this act shall manage the day-to-day operations of the railcars, such as monitoring the location of the cars, returning them to this state, distributing them, arranging for pretrips and repairs, and arranging for per diem, mileage allowances, and other freight billing charges with the railroads.

     (2) The railcar pool must be managed over the life of the railcars so that the railcars will be distributed to railroads and port districts around the state for produce loadings as market conditions warrant or to other users, including out-of-state users by contractual agreement, during times of excess capacity.

     (3) To maximize railcar availability and use, the department or the transportation management firm may make agreements with the transcontinental railroad systems to pool Washington-owned or Washington-managed railcars with those of the railroads. In such instances, the railroad must agree to provide immediately an equal number of railcars to the Washington railcar pool.

     (4) The department shall act in an oversight role to verify that the railcar pool is managed in accordance with subsections (2) and (3) of this section.

     NEW SECTION. Sec. 6. PRODUCE RAILCAR POOL ACCOUNT. The produce railcar pool account is created in the custody of the state treasurer. All receipts from per diem charges, mileage charges, and freight billing charges paid by railroads and shippers that use the railcars in the Washington Produce Railcar Pool must be deposited into the account. Expenditures from the account may be used only for the purposes of sections 1 through 5 of this act. Only the secretary of transportation or the secretary'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.

     Sec. 7. 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 produce railcar pool account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

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

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

     NEW SECTION. Sec. 8. Section captions used in this act are not part of the law.

     NEW SECTION. Sec. 9. Sections 1 through 6 of this act are each added to chapter 47.76 RCW."

     Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    Senator Horn moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5912.

    Debate ensued.

    The President declared the question before the Senate to be the motion by Senator Horn to concur in the House amendment to Substitute Senate Bill No. 5912.

    The motion by Senator Horn carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5912.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5912, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute Senate Bill No. 5912, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brandland, 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, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.

     Excused: Senators Brown, Deccio, Reardon and West - 4.

    SUBSTITUTE SENATE BILL NO. 5912, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

    On motion of Senator Hewitt, Senator Honeyford was excused.

MESSAGE FROM THE HOUSE

April 17, 2003

MR. PRESIDENT: 

    The House has passed SUBSTITUTE SENATE BILL NO. 5737 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 63.29.170 and 1996 c 45 s 2 are each amended to read as follows:

     (1) A person holding property presumed abandoned and subject to custody as unclaimed property under this chapter shall report to the department concerning the property as provided in this section.

     (2) The report must be verified and must include:

     (a) Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property ((of the)) with a value of ((twenty-five)) more than fifty dollars ((or more)) presumed abandoned under this chapter;

     (b) In the case of unclaimed funds of ((twenty-five)) more than fifty dollars ((or more)) held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds;

     (c) In the case of the contents of a safe deposit box or other safekeeping repository or in the case of other tangible property, a description of the property and the place where it is held and where it may be inspected by the department, and any amounts owing to the holder;

     (d) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items ((of)) with a value ((under twenty-five)) of fifty dollars or less each may be reported in the aggregate;

     (e) The date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and

     (f) Other information the department prescribes by rule as necessary for the administration of this chapter.

     (3) If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his or her name while holding the property, ((he)) the holder shall file with ((his)) the report all known names and addresses of each previous holder of the property.

     (4) The report must be filed before November 1st of each year and shall include all property presumed abandoned and subject to custody as unclaimed property under this chapter that is in the holder's possession as of the preceding June 30th. On written request by any person required to file a report, the department may postpone the reporting date.

     (5) After May 1st, but before August 1st, of each year in which a report is required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at ((his)) the last known address informing him or her that the holder is in possession of property subject to this chapter if:

     (((I))) (a) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate((,));

     (((ii))) (b) The claim of the apparent owner is not barred by the statute of limitations((,)); and

     (((iii))) (c) The property has a value of ((seventy-five)) more than seventy-five dollars ((or more)).

     Sec. 2. RCW 63.29.180 and 1993 c 498 s 9 are each amended to read as follows:

     (1) The department shall cause a notice to be published not later than ((September)) November 1st, immediately following the report required by RCW 63.29.170 ((at least once a week for two consecutive weeks)) in a newspaper of general circulation in the county of this state in which is located the last known address of any person to be named in the notice. If no address is listed or the address is outside this state, the notice must be published in the county in which the holder of the property has its principal place of business within this state.

     (2) The published notice must be entitled "Notice of Names of Persons Appearing to be Owners of Abandoned Property" and contain:

     (a) The names in alphabetical order and last known address, if any, of persons listed in the report and entitled to notice within the county as specified in subsection (1) of this section; and

     (b) A statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the department.

     (3) The department is not required to publish in the notice any items of ((less than seventy-five)) seventy-five dollars or less unless the department considers their publication to be in the public interest.

     (4) Not later than September 1st, immediately following the report required by RCW 63.29.170, the department shall mail a notice to each person whose last known address is listed in the report and who appears to be entitled to property ((of the)) with a value of ((seventy-five)) more than seventy-five dollars ((or more)) presumed abandoned under this chapter and any beneficiary of a life or endowment insurance policy or annuity contract for whom the department has a last known address.

     (5) The mailed notice must contain:

     (a) A statement that, according to a report filed with the department, property is being held to which the addressee appears entitled; and

     (b) The name and last known address of the person holding the property and any necessary information regarding the changes of name and last known address of the holder.

     (6) This section is not applicable to sums payable on travelers checks, money orders, and other written instruments presumed abandoned under RCW 63.29.040.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    On motion of Senator Sheahan, the Senate concurred in the House amendment to Substitute Senate Bill No. 5737.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5737, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Substitute Senate Bill No. 5737, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Brown, Honeyford, Reardon and West - 4.

    SUBSTITUTE SENATE BILL NO. 5737, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 10, 2003

MR. PRESIDENT: 

    The House has passed SENATE BILL NO. 5477 with the following amendment(s):

    On page 1, line 8, after "thereafter" insert "either", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

    On motion of Senator Roach, the Senate concurred in the House amendment to Senate Bill No. 5477.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5477, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Senate Bill No. 5477, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

     Excused: Senators Brown, Honeyford and West - 3.

    SENATE BILL NO. 5477, as amended by the House, 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.

MESSAGE FROM THE HOUSE

April 18, 2003

MR. PRESIDENT: 

    The House has passed SENATE BILL NO. 5705 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

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

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

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

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

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

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

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

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

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