WHEREAS, The citizens of Washington value postsecondary education and are supportive of young people who seek to obtain a postsecondary education; and

      WHEREAS, The rising cost of postsecondary education makes it difficult for many families to finance such a pursuit; and

      WHEREAS, The Dollars for Scholars organization is committed to creating local scholarship opportunities for the students of this state and promoting private sector scholarships; and

      WHEREAS, There are one hundred and eight Dollars for Scholars Chapters serving communities across Washington that have already raised over twelve million dollars and awarded seven thousand one hundred and ten scholarships to Washington students since 1987; and

      WHEREAS, During 2001, the Dollars for Scholars Chapters in this state awarded over two and one-half million dollars to one thousand four hundred and seventeen Washington students; and

      WHEREAS, The National Office of the Dollars for Scholars Program selected Washington as a recipient of funds with which to organize a State Dollars for Scholars Office; and

      WHEREAS, A state office aids in strengthening the existing programs and in developing new chapters dedicated to awarding scholarships to our students; and

      WHEREAS, The National Dollars for Scholars Program has been rated one of the top education charities by Smart Money Magazine for five years in a row;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate commend the volunteers and staff of the Dollars for Scholars Program for being selected to establish a state office and commend the young Washington scholarship recipients for their hard work and dedication to the pursuit of education; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the National Office of Dollars for Scholars and to the Director of the Washington Dollars for Scholars program.

      Senators Jacobsen, Carlson, Shin and Kohl-Welles spoke to Senate Resolution 8670.

INTRODUCTION OF SPECIAL GUEST

      The President welcomed and introduced Rick Millerick, Executive Director of the Washington Dollars for Scholars Program, who was seated in the back of the Chamber.

PERSONAL PRIVILEGE

      Senator Franklin: “A point of personal privilege, Mr. President. Well, this is our one hundred and first day in the Legislature and as we have gone about doing the people’s business during the session, there have been moments and times that our patience has been short. We might have said some words that we probably didn’t mean. This has been a particularly difficult session, but you know when you stop having fun, then it is time to leave. We are not ready to leave, so we would like to have a little bit of fun.

      “With your permission, Mr. President, and the permission of the Senate, I have a poem I would like to read:

      ‘When I am an old woman, I shall wear purple with a red hat which doesn’t go and doesn’t suit me.

      And I shall spend my pension on brandy and summer gloves and satin sandals, and say we’ve money for butter.

      I shall sit down on the pavement when I’m tired and gobble up samples in shops and press alarm bells, and run my stick along the public railings and make up for the sobriety of my youth.

      I shall go out in my slippers in the rain and pick the flowers in other peoples’ gardens and learn to spit.

      You can wear terrible shirts and grow more fat and eat three pounds of sausages at a go or only bread and a pickle for a week and hoard pens and pencils and beermats and things in boxes.

      But now we must have clothes that keep us dry and pay our rent and not swear in the street and set a good example for the children.

      We must have friends to dinner and read the papers.

      But maybe I ought tp practice a little now, so people who know me are not too shocked and surprised when suddenly I am old and start to wear purple.’

      “Mr. President, and members of the Senate, you see that the women are dressed in purple today. It is red hats and purple day, so with your permission, they shall don their red hats.”

REPLY BY THE PRESIDENT

      President Owen: “That is a dandy, Senator.”

REMARKS BY SENATOR McCASLIN

      Senator McCaslin: “Mr. President, I would like to nominate Senator Franklin as Poet Laureate of the State Senate.”

MOTION

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

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

      Senator Oke moved that Gubernatorial Reappointment No. 9092, Robert L. Parlette, as a member of the Interagency Committee for Outdoor Recreation, be confirmed.

PARLIAMENTARY INQUIRY

      Senator Parlette: “Mr. President, a point of inquiry. Am I suppose to vote on this?”

REPLY BY THE PRESIDENT

      President Owen: “Senator, the President believes that it a appropriate for you to vote on this confirmation.”

      Senators Oke, Parlette and Carlson spoke to the confirmation of Robert L. Parlette as a member of the Interagency Committee for Outdoor Recreation.

      The President declared the question before the Senate to be the motion by Senator Oke that the reappointment of Robert Parlette as a member of the Interagency Committee for Outdoor Recreation be confirmed.

      The motion by Senator Oke carried and the reappointment of Robert L. Parlette as a member of the Interagency Committee for Outdoor Recreation was approved.

APPOINTMENT OF ROBERT L. PARLETTE

      The Secretary called the roll. The reappointment was s confirmed 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.

MOTION

      At 10:32 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

      The Senate was called to order at 11:35 a.m. by President Owen.

MOTION

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

MESSAGE FROM THE HOUSE

April 14, 2003

MR. PRESIDENT:

      The House has passed ENGROSSED SENATE BILL NO. 5073, with the following amendment(s).

       On page 2, line 25, after "authorize" strike "up to ten percent of"

       On page 2, beginning on line 29, strike "Such limitation on expenditures shall not apply to additional revenues for watershed plan implementation that are authorized by voter approval under section 5 of this act."

       On page 5, line 23, after "activity." insert "The revenue proposal shall include provisions to ensure that persons or parcels within the watershed plan area will not be taxed or assessed by more than one public agency for a specific watershed management plan project, program, or activity.", and the same are herewith transmitted. 

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      Senator Honeyford moved that the Senate concur in the House amendment on page 5, line 23, but refuse to concur in the House amendments on page 2, lines 25 and 29, and asks the House to recede therefrom.

      The President declared the question before the Senate to be the motion by Senator Honeyford to concur in the House amendment on page 5, line 23, but refuse to concur in the House amendments on page 2, lines 25 and 29, to Engrossed Senate Bill No. 5073.

      The motion by Senator Honeyford carried and the Senate concurred in the House amendment on page 5, line 23, but refuses to concur in the House amendments on page 2, lines 25 and 29 to Engrossed Senate Bill No. 5073, and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 17, 2003

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8401, with the following amendment(s):

       On page 1, strike everything after "WHEREAS," on line 1 and insert the following:

       "Collaboration and coordination among all sectors of education including but not limited to prekindergarten, the K-12 system, the community and technical college system, the four-year colleges and universities, and the independent colleges and private career schools are essential to developing an educated citizenry;

       WHEREAS, The education and higher education committees of the Washington State Senate and House of Representatives each intend separately to examine issues of strategic planning, coordination, and governance for the K-12 and postsecondary education systems during the 2003 legislative interim; and

       WHEREAS, A forum should be created to expand collaboration among educational sectors, starting with the education oversight committees of the Legislature;

       NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the Senate committee on education, the Senate committee on higher education, the House of Representatives committee on education, and the House of Representatives committee on higher education shall convene a joint work session along with education and higher education stakeholders before December 31, 2003; and

       BE IT FURTHER RESOLVED, That the purpose of the joint work session shall be for the committees and stakeholders to share the findings and recommendations of their interim work on strategic planning, coordination, and governance in K-12 and postsecondary education and to discuss common topics and themes that cross educational sectors, including the readiness of the state's higher education institutions to meet the anticipated needs of students educated in a standards-based K-12 environment; the need for college admissions to be aligned with K-12 standards and assessments; and what changes in the education environment will reduce the need for remediation as students are placed in college courses; and

       BE IT FURTHER RESOLVED, At the joint work session, the committees and stakeholders shall discuss opportunities for further collaboration in policy development and oversight of the various educational sectors in Washington.", and the same are herewith transmitted. 

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Carlson, the Senate refuses to concur in the House amendment to Substitute Senate Concurrent Resolution No. 8401 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 16, 2003

MR. PRESIDENT:

      The House has passed ENGROSSED SENATE BILL NO. 5389, with the following amendment(s).

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 59.18 RCW to read as follows:

       (1) For the purpose of this section, "drug and alcohol free housing" requires a rental agreement and means a dwelling in which:

       (a) Each of the dwelling units on the premises is occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery;

       (b) The landlord is a nonprofit corporation incorporated under Title 24 RCW, a corporation for profit incorporated under Title 23B RCW, or a housing authority created under chapter 35.82 RCW;

       (c) The landlord provides:

       (I) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord, and guests;

       (ii) An employee who monitors the tenants for compliance with the requirements of (d) of this subsection;

       (iii) Individual and group support for recovery; and

       (iv) Access to a specified program of recovery; and

       (d) The rental agreement is in writing and includes the following provisions:

       (i) The tenant may not use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, either on or off the premises;

       (ii) The tenant may not allow the tenant's guests to use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, on the premises;

       (iii) The tenant must participate in a program of recovery, which specific program is described in the rental agreement;

       (iv) On at least a quarterly basis the tenant must provide written verification from the tenant's program of recovery that the tenant is participating in the program of recovery and the tenant has not used alcohol or illegal drugs;

       (v) The landlord has the right to require the tenant to take a urine analysis test regarding drug or alcohol usage, at the landlord's discretion and expense; and

       (vi) The landlord has the right to terminate the tenant's tenancy by delivering a three-day notice to terminate with one day to comply, if a tenant living in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription.

       (2) For the purpose of this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol or illegal drugs while living in drug and alcohol free housing. A "program of recovery" includes Alcoholics Anonymous, Narcotics Anonymous, and similar programs.

       (3) If a tenant living for less than two years in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice must specify the acts constituting the drug or alcohol violation and must state that the rental agreement terminates in not less than three days after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within one day after delivery of the notice. If the tenant cures the violation within the one-day period, the rental agreement does not terminate. If the tenant does not cure the violation within the one-day period, the rental agreement terminates as provided in the notice. If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least three days' written notice specifying the violation and the date and time of termination of the rental agreement. The tenant

does not have a right to cure this subsequent violation.

       (4) Notwithstanding subsections (1), (2), and (3) of this section, housing that is occupied on other than a transient basis by persons who are required to abstain from possession or use of alcohol or drugs as a condition of occupancy and who pay for the use of the housing on a periodic basis, without regard to whether the payment is characterized as rent, program fees, or other fees, costs, or charges, are covered by this chapter."

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

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Benton, the Senate refuses to concur in the House amendment to Engrossed Senate Bill No. 5389 and requests of the House a conference thereon.

APPOINTMENT OF CONFERENCE COMMITTEE

      The President appointed as members of the Conference Committee on Engrossed Senate Bill No. 5389 and the House amendments thereto: Senators Benton, Roach and Prentice.

MOTION

      On motion of Senator Sheahan, the Conference Committee appointments were confirmed.

MESSAGE FROM THE HOUSE

April 21, 2003

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1028 and asks the Senate to recede therefrom, and the same are herewith transmitted. 

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Stevens, the Senate insists on its position regarding the Senate amendment(s) to Substitute House Bill No. 1028 and asks the House to concur therein.

MESSAGE FROM THE HOUSE

April 22, 2003

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1380 and asks the Senate to recede therefrom, and the same are herewith transmitted. 

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      On motion of Senator Sheahan, the Senate insists on its position regarding the Senate amendment(s) to Substitute House Bill No. 1380 and asks the House to concur therein.

MESSAGE FROM THE HOUSE

April 17, 2003

MR. PRESIDENT:

      The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5135 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 28B.10 RCW to read as follows:

       (1) Each four-year institution of higher education and the state board for community and technical colleges shall develop policies that ensure undergraduate students enrolled in degree or certificate programs complete their programs in a timely manner in order to make the most efficient use of instructional resources and provide capacity within the institution for additional students.

       (2) Policies adopted under this section shall address, but not be limited to, undergraduate students in the following circumstances:

       (a) Students who accumulate more than one hundred twenty-five percent of the number of credits required to complete their respective baccalaureate or associate degree or certificate programs;

       (b) Students who drop more than twenty-five percent of their course load before the grading period for the quarter or semester, which prevents efficient use of instructional resources; and

       (c) Students who remain on academic probation for more than one quarter or semester.

       (3) Policies adopted under this section may include assessment by the institution of a surcharge in addition to regular tuition and fees to be paid by a student for continued enrollment.

       NEW SECTION. Sec. 2. (1) Each public four-year institution of higher education and the state board for community and technical colleges shall report to the higher education coordinating board by January 30, 2004, on the policies developed under section 1 of this act. The report shall include baseline data on the number and characteristics of students affected by the policies. If the policies were adopted before the effective date of this section, the report shall describe the impact of the policies.

       (2) In the report, each four-year institution shall also describe policies developed and actions taken by the institution to eliminate barriers to timely completion of degree programs, including reducing the occasions where students cannot enroll in courses needed for their major due to overenrollment. The state board may select a sample of colleges to describe policies and actions to address course scheduling issues.

       (3) The higher education coordinating board shall summarize the reports from the institutions and the state board and make a report to the higher education committees of the legislature by March 1, 2004. The report prepared by the higher education coordinating board shall include recommendations for additional legislative action, including whether increased tuition and fees should be uniformly charged to students as an additional incentive for timely

completion of degree and certificate programs."

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

CYNTHIA ZEHNDER, Chief Clerk

MOTION

      Senator Carlson moved that the Senate concur in the House amendment to Engrossed Second Substitute Senate Bill No. 5135.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Carlson to concur in the House amendment to Engrossed Second Substitute Senate Bill No. 5135.

      The motion by Senator Carlson carried and the Senate concurred in the House amendment to Engrossed Second Substitute Senate Bill No. 5135.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5135, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5135, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Shin, Stevens, Swecker and Zarelli - 37.

     Voting nay: Senators Brown, Franklin, Fraser, Haugen, Prentice, Regala, Sheldon, B., Sheldon, T., Spanel, Thibaudeau and Winsley - 11.

     Excused: Senator West - 1.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5135, 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. 5144 with the following amendment(s):

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 76.06.010 and 1951 c 233 s 1 are each amended to read as follows:

       The legislature finds and declares that:

       (1) Forest insects and forest tree diseases which threaten the permanent timber production of the forested areas of the state of Washington are ((hereby declared to be)) a public nuisance.

       (2) Exotic forest insects or diseases, even in small numbers, can constitute serious threats to native forests. Native tree species may lack natural immunity. There are often no natural control agents such as diseases, predators, or parasites to limit populations of exotic forest insects or diseases. Exotic forest insects or diseases can also outcompete, displace, or destroy habitat of native species. It is in the public interest to identify, control, and eradicate outbreaks of exotic forest insects or diseases that threaten the diversity, abundance, and survivability of native forest trees and the environment.

       Sec. 2. RCW 76.06.020 and 2000 c 11 s 2 are each amended to read as follows:

       ((As used in)) The definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.

       (1) "Agent" means the recognized legal representative, representatives, agent, or agents for any owner((;)).

       (2) "Department" means the department of natural resources((;)).

       (3) "Owner" means and includes ((individuals, partnerships, corporations, and associations;)) persons or their agents.

       (4) "Timber land" means any land on which there is a sufficient number of trees, standing or down, to constitute, in the judgment of the department, a forest insect or forest disease breeding ground of a nature to constitute a menace, injurious and dangerous to permanent forest growth in the district under consideration.

       (5) "Commissioner" means the commissioner of public lands.

       (6) "Exotic" means not native to forest lands in Washington state.

       (7) "Forest land" means any land on which there are sufficient numbers and distribution of trees and associated species to, in the judgment of the department, contribute to the spread of forest insect or forest disease outbreaks that could be injurious to forest health.

       (8) "Forest health" means the condition of a forest being sound in ecological function, sustainable, resilient, and resistant to insects, diseases, fire, and other disturbance, and having the capacity to meet landowner objectives.

       (9) "Forest health emergency" means the introduction of, or an outbreak of, an exotic forest insect or disease that poses an imminent danger of damage to the environment by threatening the survivability of native tree species.

       (10) "Forest insect or disease" means a living stage of an insect, other invertebrate animal, or disease-causing organism or agent that can directly or indirectly injure or cause disease or damage in trees, or parts of trees, or in processed or manufactured wood, or other products of trees.

       (11) "Integrated pest management" means a strategy that uses various combinations of pest control methods, including biological, cultural, and chemical methods, in a compatible manner to achieve satisfactory control and ensure favorable economic and environmental consequences.

       (12) "Native" means having populated Washington's forested lands prior to European settlement.

       (13) "Outbreak" means a rapidly expanding population of insects or diseases with potential to spread.

       (14) "Person" means any individual, partnership, private, public, or municipal corporation, county, federal, state, or local governmental agency, tribes, or association of individuals of whatever nature.

       NEW SECTION. Sec. 3. A new section is added to chapter 76.06 RCW to read as follows:

       The department is authorized to contribute resources and expertise to assist the department of agriculture in control or eradication efforts authorized under chapter 17.24 RCW in order to protect forest lands of the state.

       If either the department of agriculture has not taken action under chapter 17.24 RCW or the commissioner finds that additional efforts are required to control or prevent an outbreak of an exotic forest insect or disease which has not become so habituated that it can no longer be eradicated and that poses an imminent danger of damage to the forested environment by threatening the diversity, abundance, and survivability of native tree species, or both, the commissioner may declare a forest health emergency.

       Upon declaration of a forest health emergency, the department must delineate the area at risk and determine the most appropriate integrated pest management methods to control the outbreak, in consultation with other interested agencies, affected tribes, and affected forest landowners. The department must notify affected forest landowners of its intent to conduct control operations.

       Upon declaration of a forest health emergency by the commissioner, the department is authorized to enter into agreements with forest landowners,

companies, individuals, tribal entities, and federal, state, and local agencies to accomplish control of exotic forest insects or diseases on any affected forest lands using such funds as have been, or may be, made available.

       The department must proceed with the control of the exotic forest insects or diseases on affected nonfederal and nontribal forest lands with or without the cooperation of the owner. The department may reimburse cooperating forest landowners and agencies for actual cost of equipment, labor, and materials utilized in cooperative exotic forest insect or disease control projects, as agreed to by the department.

       A forest health emergency no longer exists when the department finds that the exotic forest insect or disease has been controlled or eradicated, that the imminent threat no longer exists, or that there is no longer good likelihood of effective control.

       Nothing under this chapter diminishes the authority and responsibility of the department of agriculture under chapter 17.24 RCW.

       Sec. 4. RCW 76.09.050 and 2002 c 121 s 1 are each amended to read as follows:

       (1) The board shall establish by rule which forest practices shall be included within each of the following classes:

       Class I: Minimal or specific forest practices that have no direct potential for damaging a public resource and that may be conducted without submitting an application or a notification except that when the regulating authority is transferred to a local governmental entity, those Class I forest practices that involve timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, are processed as Class IV forest practices, but are not subject to environmental review under chapter 43.21C RCW;

       Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be conducted without submitting an application and may begin five calendar days, or such lesser time as the department may determine, after written notification by the operator, in the manner, content, and form as prescribed by the department, is received by the department. However, the work may not begin until all forest practice fees required under RCW 76.09.065 have been received by the department. Class II shall not include forest practices:

       (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW or on lands that have or are being converted to another use;

       (b) Which require approvals under the provisions of the hydraulics act, RCW 77.55.100;

       (c) Within "shorelines of the state" as defined in RCW 90.58.030;

       (d) Excluded from Class II by the board; or

       (e) Including timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, which are Class IV;

       Class III: Forest practices other than those contained in Class I, II, or IV. A Class III application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department;

       Class IV: Forest practices other than those contained in Class I or II: (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW, (b) on lands that have or are being converted to another use, (c) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to urban development, (d) involving timber harvesting or road construction on lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except where the forest landowner provides: (I) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or (ii) a conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application, and/or (e) which have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. Such evaluation shall be made within ten days from the date the department receives the application: PROVIDED, That nothing herein shall be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted. A Class IV application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application, unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty calendar days from the date the department receives the application, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such period. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department.

       Forest practices under Classes I, II, and III are exempt from the requirements for preparation of a detailed statement under the state environmental policy act.

       (2) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, no Class II, Class III, or Class IV forest practice shall be commenced or continued after January 1, 1975, unless the department has received a notification with regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter amended. However, in the event forest practices regulations necessary for the scheduled implementation of this chapter and RCW 90.48.420 have not been adopted in time to meet such schedules, the department shall have the authority to regulate forest practices and approve applications on such terms and conditions consistent with this chapter and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until applicable forest practices regulations are in effect.

       (3) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, if a notification or application is delivered in person to the department by the operator or the operator's agent, the department shall immediately provide a dated receipt thereof. In all other cases, the department shall immediately mail a dated receipt to the operator.

       (4) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, forest practices shall be conducted in accordance with the forest practices regulations, orders and directives as authorized by this chapter or the forest practices regulations, and the terms and conditions of any approved applications.

       (5) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, the department of natural resources shall notify the applicant in writing of either its approval of the application or its disapproval of the application and the specific manner in which the application fails to comply with the provisions of this section or with the forest practices regulations. Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may be commenced: PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to the provisions of subsection (7) of this section: PROVIDED, FURTHER, That if seasonal field conditions prevent the department from being able to properly evaluate the application, the department may issue an approval conditional upon further review within sixty days: PROVIDED, FURTHER, That the department shall have until April 1, 1975, to approve or disapprove an application involving forest practices allowed to continue to April 1, 1975, under the provisions of subsection (2) of this section. Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after such receipt transmit a copy to the departments of ecology and fish and wildlife, and to the county, city, or town in whose jurisdiction the forest practice is to be commenced. Any comments by such agencies shall be directed to the department of natural resources.

       (6) For those forest practices regulated by the board and the department, if the county, city, or town believes that an application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the department and the applicant, specifying its objections.

       (7) For those forest practices regulated by the board and the department, the department shall not approve portions of applications to which a county, city, or town objects if:

       (a) The department receives written notice from the county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the county, city, or town, or one day before the department acts on the application, whichever is later; and

       (b) The objections relate to lands either:

       (I) Platted after January 1, 1960, as provided in chapter 58.17 RCW; or

       (ii) On lands that have or are being converted to another use.

       The department shall either disapprove those portions of such application or appeal the county, city, or town objections to the appeals board. If the objections related to subparagraphs (b)(I) and (ii) of this subsection are based on local authority consistent with RCW 76.09.240 as now or hereafter amended, the department shall disapprove the application until such time as the county, city, or town consents to its approval or such disapproval is reversed on appeal. The applicant shall be a party to all department appeals of county, city, or town objections. Unless the county, city, or town either consents or has waived its rights under this subsection, the department shall not approve portions of an application affecting such lands until the minimum time for county, city, or town objections has expired.

       (8) For those forest practices regulated by the board and the department, in addition to any rights under the above paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands within its jurisdiction. The appeals board may suspend the department's approval in whole or in part pending such appeal where there exists potential for immediate and material damage to a public resource.

       (9) For those forest practices regulated by the board and the department, appeals under this section shall be made to the appeals board in the manner and time provided in RCW 76.09.220(8). In such appeals there shall be no presumption of correctness of either the county, city, or town or the department position.

       (10) For those forest practices regulated by the board and the department, the department shall, within four business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting lands within the county, city, or town, except to the extent the county, city, or town has waived its right to such notice.

       (11) For those forest practices regulated by the board and the department, a county, city, or town may waive in whole or in part its rights under this section, and may withdraw or modify any such waiver, at any time by written notice to the department.

       (12) Notwithstanding subsections (2) through (5) of this section, forest practices applications or notifications are not required for exotic insect and disease control operations conducted in accordance with RCW 76.09.060(8) where eradication can reasonably be expected.

       Sec. 5. RCW 76.09.060 and 1997 c 290 s 3 and 1997 c 173 s 3 are each reenacted and amended to read as follows:

       The following shall apply to those forest practices administered and enforced by the department and for which the board shall promulgate regulations as provided in this chapter:

       (1) The department shall prescribe the form and contents of the notification and application. The forest practices rules shall specify by whom and under what conditions the notification and application shall be signed or otherwise certified as acceptable. The application or notification shall be delivered in person to the department, sent by first class mail to the department or electronically filed in a form defined by the department. The form for electronic filing shall be readily convertible to a paper copy, which shall be available to the public pursuant to chapter 42.17 RCW. The information required may include, but is not limited to:

       (a) Name and address of the forest landowner, timber owner, and operator;

       (b) Description of the proposed forest practice or practices to be conducted;

       (c) Legal description and tax parcel identification numbers of the land on which the forest practices are to be conducted;

       (d) Planimetric and topographic maps showing location and size of all lakes and streams and other public waters in and immediately adjacent to the operating area and showing all existing and proposed roads and major tractor roads;

       (e) Description of the silvicultural, harvesting, or other forest practice methods to be used, including the type of equipment to be used and materials to be applied;

       (f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and yarding roads, as required by the forest practices rules;

       (g) Soil, geological, and hydrological data with respect to forest practices;

       (h) The expected dates of commencement and completion of all forest practices specified in the application;

       (I) Provisions for continuing maintenance of roads and other construction or other measures necessary to afford protection to public resources;

       (j) An affirmation that the statements contained in the notification or application are true; and

       (k) All necessary application or notification fees.

       (2) Long range plans may be submitted to the department for review and consultation.

       (3) The application for a forest practice or the notification of a Class II forest practice is subject to the three-year reforestation requirement.

       (a) If the application states that any such land will be or is intended to be so converted:

       (I) The reforestation requirements of this chapter and of the forest practices rules shall not apply if the land is in fact so converted unless applicable alternatives or limitations are provided in forest practices rules issued under RCW 76.09.070 as now or hereafter amended;

       (ii) Completion of such forest practice operations shall be deemed conversion of the lands to another use for purposes of chapters 84.33 and 84.34 RCW unless the conversion is to a use permitted under a current use tax agreement permitted under chapter 84.34 RCW;

       (iii) The forest practices described in the application are subject to applicable county, city, town, and regional governmental authority permitted under RCW 76.09.240 as now or hereafter amended as well as the forest practices rules.

       (b) Except as provided elsewhere in this section, if the application or notification does not state that any land covered by the application or notification will be or is intended to be so converted:

       (I) For six years after the date of the application the county, city, town, and regional governmental entities shall deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of land subject to the application;

       (A) The department shall submit to the local governmental entity a copy of the statement of a forest landowner's intention not to convert which shall represent a recognition by the landowner that the six-year moratorium shall be imposed and shall preclude the landowner's ability to obtain development permits while the moratorium is in place. This statement shall be filed by the local governmental entity with the county recording officer, who shall record the documents as provided in chapter 65.04 RCW, except that lands designated as forest lands of long-term commercial significance under chapter 36.70A RCW shall not be recorded due to the low likelihood of conversion. Not recording the statement of a forest landowner's conversion intention shall not be construed to mean the moratorium is not in effect.

       (B) The department shall collect the recording fee and reimburse the local governmental entity for the cost of recording the application.

       (c) When harvesting takes place without an application, the local governmental entity shall impose the six-year moratorium provided in (b)(I) of this subsection from the date the unpermitted harvesting was discovered by the department or the local governmental entity.

       (D) The local governmental entity shall develop a process for lifting the six-year moratorium, which shall include public notification, and procedures for appeals and public hearings.

       (E) The local governmental entity may develop an administrative process for lifting or waiving the six-year moratorium for the purposes of constructing a single-family residence or outbuildings, or both, on a legal lot and building site. Lifting or waiving of the six-year moratorium is subject to compliance with all local ordinances.

       (F) The six-year moratorium shall not be imposed on a forest practices application that contains a conversion option harvest plan approved by the local governmental entity unless the forest practice was not in compliance with the approved forest practice permit. Where not in compliance with the conversion option harvest plan, the six-year moratorium shall be imposed from the date the application was approved by the department or the local governmental entity;

       (ii) Failure to comply with the reforestation requirements contained in any final order or decision shall constitute a removal of designation under the provisions of RCW 84.33.140, and a change of use under the provisions of RCW 84.34.080, and, if applicable, shall subject such lands to the payments and/or penalties resulting from such removals or changes; and

       (iii) Conversion to a use other than commercial forest product operations within six years after approval of the forest practices without the consent of the county, city, or town shall constitute a violation of each of the county, municipal city, town, and regional authorities to which the forest practice operations would have been subject if the application had so stated.

       (c) The application or notification shall be signed by the forest landowner and accompanied by a statement signed by the forest landowner indicating his or her intent with respect to conversion and acknowledging that he or she is familiar with the effects of this subsection.

       (4) Whenever an approved application authorizes a forest practice which, because of soil condition, proximity to a water course or other unusual factor, has a potential for causing material damage to a public resource, as determined by the department, the applicant shall, when requested on the approved application, notify the department two days before the commencement of actual operations.

       (5) Before the operator commences any forest practice in a manner or to an extent significantly different from that described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the manner set forth in this section.

       (6) Except as provided in RCW 76.09.350(4), the notification to or the approval given by the department to an application to conduct a forest practice shall be effective for a term of two years from the date of approval or notification and shall not be renewed unless a new application is filed and approved or a new notification has been filed. At the option of the applicant, an application or notification may be submitted to cover a single forest practice or a number of forest practices within reasonable geographic or political boundaries as specified by the department. An application or notification that covers more than one forest practice may have an effective term of more than two years. The board shall adopt rules that establish standards and procedures for approving an application or notification that has an effective term of more than two years. Such rules shall include extended time periods for application or notification approval or disapproval. On an approved application with a term of more than two years, the applicant shall inform the department before commencing operations.

       (7) Notwithstanding any other provision of this section, no prior application or notification shall be required for any emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other emergency as defined by the board, but the operator shall submit an application or notification, whichever is applicable, to the department within forty-eight hours after commencement of such practice or as required by local regulations.

       (8) Forest practices applications or notifications are not required for forest practices conducted to control exotic forest insect or disease outbreaks, when conducted by or under the direction of the department of agriculture in carrying out an order of the governor or director of the department of agriculture to implement pest control measures as authorized under chapter 17.24 RCW, and are not required when conducted by or under the direction of the department in carrying out emergency measures under a forest health emergency declaration by the commissioner of public lands as provided in section 3 of this act.

       (a) For the purposes of this subsection, exotic forest insect or disease has the same meaning as defined in RCW 76.06.020.

       (b) In order to minimize adverse impacts to public resources, control measures must be based on integrated pest management, as defined in RCW 17.15.010, and must follow forest practices rules relating to road construction and maintenance, timber harvest, and forest chemicals, to the extent possible without compromising control objectives.

       (c) Agencies conducting or directing control efforts must provide advance notice to the appropriate regulatory staff of the department of the operations that would be subject to exemption from forest practices application or notification requirements.

       (d) When the appropriate regulatory staff of the department are notified under (c) of this subsection, they must consult with the landowner, interested agencies, and affected tribes, and assist the notifying agencies in the development of integrated pest management plans that comply with forest practices rules as required under (b) of this subsection.

       (e) Nothing under this subsection relieves agencies conducting or directing control efforts from requirements of the federal clean water act as administered by the department of ecology under RCW 90.48.260.

       (f) Forest lands where trees have been cut as part of an exotic forest insect or disease control effort under this subsection are subject to reforestation requirements under RCW 76.09.070.

       (g) The exemption from obtaining approved forest practices applications or notifications does not apply to forest practices conducted after the governor, the director of the department of agriculture, or the commissioner of public lands have declared that an emergency no longer exists because control objectives have been met, that there is no longer an imminent threat, or that there is no longer a good likelihood of control.

       Sec. 6. RCW 17.24.171 and 1991 c 257 s 21 are each amended to read as follows:

       (1) If the director determines that there exists an imminent danger of an infestation of plant pests or plant diseases that seriously endangers the agricultural or horticultural industries of the state, or that seriously threatens life, health, ((or)) economic well-being, or the environment, the director shall request the governor to order emergency measures to control the pests or plant diseases under RCW 43.06.010(((14))) (13). The director's findings shall contain an evaluation of the affect of the emergency measures on public health.

       (2) If an emergency is declared pursuant to RCW 43.06.010(((14))) (13), the director may appoint a committee to advise the governor through the director and to review emergency measures necessary under the authority of RCW 43.06.010(((14))) (13) and this section and make subsequent recommendations to the governor. The committee shall include representatives of the agricultural industries, state and local government, public health interests, technical service providers, and environmental organizations.

       (3) Upon the order of the governor of the use of emergency measures, the director is authorized to implement the emergency measures to prevent, control, or eradicate plant pests or plant diseases that are the subject of the emergency order. Such measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides.

       (4) Upon the order of the governor of the use of emergency measures, the director is authorized to enter into agreements with individuals ((or)), companies, or ((both)) agencies, to accomplish the prevention, control, or eradication of plant pests or plant diseases, notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or any other statute.

       (5) The director shall continually evaluate the emergency measures taken and report to the governor at intervals of not less than ten days. The director shall immediately advise the governor if he or she finds that the emergency no longer exists or if certain emergency measures should be discontinued.

       NEW SECTION. Sec. 7. The legislature finds that since 1995 large numbers of oak and tanoak trees have been dying in the coastal counties of California. The legislature also finds that the disease causing the tree loss, which is commonly referred to as sudden oak death syndrome, has, as of the effective date of this act, been confirmed in twelve California counties, and one Oregon county. The legislature also finds that in addition to affecting several species of oak, this disease has been confirmed to affect several plant species common in Washington's forests, including Douglas Fir, big leaf maple, huckleberry, rhododendron, madrone, and manzanita. The legislature recognizes that the state of California and the United States department of agriculture have adopted restrictions on the movement of articles that may host the disease, and the state of Oregon and the Canadian government have adopted restrictions on the importation of potential host articles. The legislature finds that an introduction of sudden oak death syndrome into Washington could cause potential damage to the state's forest health, leading to both economic and ecological losses.

       NEW SECTION. Sec. 8. A new section is added to chapter 17.24 RCW to read as follows:

       The department and the department of natural resources shall coordinate their sudden oak death syndrome response efforts with other plant pest agencies and private organizations to exchange information, monitor the confirmed incidences of the disease, and take action as appropriate under existing plant pest control authorities to prevent the introduction of the disease into Washington and to control or eradicate the disease if it is determined to be present in the state."

       Correct the title., 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. 5144.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5144, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5144, 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. 5144, 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 13, 2003

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 5156 with the following amendment(s):

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 41.04.033 and 2002 c 61 s 4 are each amended to read as follows:

       The director of the department of personnel is authorized to adopt rules, after consultation with state agencies, institutions of higher education, and employee organizations, to create a Washington state combined fund drive committee and for the operation of the Washington state combined fund drive.

       NEW SECTION. Sec. 2. A new section is added to chapter 41.04 RCW to read as follows:

       The Washington state combined fund drive's powers and duties include but are not limited to the following:

       (1) Raising money for charity, and reducing the disruption to government caused by multiple fund drives;

       (2) Establishing criteria by which a public or private nonprofit organization may participate in the combined fund drive;

       (3) Engaging in or encouraging fund-raising activities including the solicitation and acceptance of charitable gifts, grants, and donations from state employees, retired public employees, corporations, foundations, and other individuals for the benefit of the beneficiaries of the Washington state combined fund drive;

       (4) Requesting the appointment of employees from state agencies and institutions of higher education to lead and manage workplace charitable giving campaigns within state government;

        (5) Engaging in educational activities, including classes, exhibits, seminars, workshops, and conferences, related to the basic purpose of the combined fund drive;

       (6) Engaging in appropriate fund-raising and advertising activities for the support of the administrative duties of the Washington state combined fund drive; and

       (7) Charging an administrative fee to the beneficiaries of the Washington state combined fund drive to fund the administrative duties of the Washington state combined fund drive.

       Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law.

       NEW SECTION. Sec. 3. A new section is added to chapter 41.04 RCW to read as follows:

       The Washington state combined fund drive committee may enter into contracts and partnerships with private institutions, persons, firms, or corporations for the benefit of the beneficiaries of the Washington state combined fund drive. Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law."

       Correct the title., 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. 5156.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5156, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5156, 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. 5156, 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 ENGROSSED SUBSTITUTE SENATE BILL NO. 5713 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

"PART 1 - DEFINITIONS

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

     The definitions in this section apply throughout this subchapter.

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

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

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

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

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

     (A) No cover inspection is necessary; and

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

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

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

     (iv) The following low voltage systems:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (b) Maintenance and repair of backflow prevention assemblies.

PART 2 - BASIC ELECTRICAL WORK

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART 3 - INCIDENTAL ELECTRICAL WORK

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART 4 - INCIDENTAL PLUMBING WORK

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

     The registration provisions of this chapter do not apply to:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART 5 - ELECTRIC APPLIANCE REPAIR

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

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

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

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

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

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

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

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

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

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

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

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

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

PART 6 - ELECTRIC EQUIPMENT REPAIR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (c) The like-in-kind replacement or repair of electrical components within the equipment; and

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

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

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

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

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

PART 7 - BOILER REPAIR

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

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

     (3) This section expires July 1, 2004.

PART 8 - PLUMBING CONTINUING EDUCATION

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

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

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

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

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

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

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

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

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

PART 9 - MISCELLANEOUS

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

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

     Correct the title., 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. 5713.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5713, as amended by the House.

ROLL CALL

    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5713, 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. 5713, 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 SENATE BILL NO. 5935 with the following amendment(s):

     On page 4, after line 26, insert the following:

     "NEW SECTION. Sec. 5. (1) Because of the possibility of a disaster of unprecedented size and destruction, including acts of domestic terrorism and civil unrest, that requires law enforcement response for the protection of persons or property and preservation of the peace, the need exists to ensure that the state is adequately prepared to respond to such an incident. There is a need to (a) establish a mechanism and a procedure to provide for reimbursement to law enforcement agencies that respond to help others in time of need, and to host law enforcement agencies that experience expenses beyond the resources of the agencies; and (b) generally to protect the public safety, peace, health, lives, and property of the people of Washington.

     (2) It is hereby declared necessary to:

     (a) Provide the policy and organizational structure for large-scale mobilization of law enforcement resources in the state, using the incident command system, through creation of the Washington state law enforcement mobilization plan;

     (b) Confer upon the chief of the Washington state patrol the powers provided in this chapter;

     (c) Provide a means for reimbursement to law enforcement jurisdictions that incur expenses when mobilized by the chief under the Washington state law enforcement mobilization plan; and

     (d) Provide for reimbursement of the host law enforcement agency when it has:

     (i) Exhausted all of its resources; and

     (ii) Invoked its local mutual aid network and exhausted those resources.

     NEW SECTION. Sec. 6. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Agency" means any general purpose law enforcement agency as defined in RCW 10.93.020.

     (2) "Board" means the state law enforcement mobilization policy board.

     (3) "Chief" means the chief of the Washington state patrol.

     (4) "Chief law enforcement officer" means the chief of police or sheriff responsible for law enforcement services in the jurisdiction in which the emergency is occurring.

     (5) "General authority Washington peace officer" means a general authority Washington peace officer as defined in RCW 10.93.020.

     (6) "Host agency" means the law enforcement agency that requests statewide mobilization under sections 6 through 11 of this act.

     (7) "Mobilization" means a redistribution of regional and statewide law enforcement resources in response to an emergency or disaster situation.

     (8) "Mutual aid" means emergency interagency assistance provided without compensation pursuant to an agreement under chapter 39.34 RCW.

     (9) "Resource coordination" means the effort to locate and arrange for the delivery of resources needed by chief law enforcement officers.

     (10) "State law enforcement resource coordinator" means a designated individual or agency selected by the chief to perform the responsibilities of that position.

     NEW SECTION. Sec. 7. (1) The state law enforcement mobilization policy board shall be established by the chief and shall have representatives from each of the regions established in section 10 of this act. In carrying out its duty, the board shall consult with and solicit recommendations from representatives of the state and local law enforcement and emergency management organizations, and regional law enforcement mobilization committees.

     (2) The board shall establish and make recommendations to the chief on the refinement and maintenance of the Washington state law enforcement mobilization plan, including the procedures to be used during an emergency or disaster response requiring coordination of local, regional, and state law enforcement resources.

     (3) The chief shall review the Washington state law enforcement mobilization plan, as submitted by the board, recommend changes as necessary, and may approve the plan. The plan shall be consistent with the Washington state comprehensive emergency management plan. The chief may recommend the plan for inclusion within the state comprehensive emergency management plan established under chapter 38.52 RCW.

     NEW SECTION. Sec. 8. (1) Local law enforcement may request mobilization only in response to an emergency or disaster exceeding the capabilities of available local resources and those available through existing mutual aid agreements. Upon finding that the local jurisdiction has exhausted all available resources, it is the responsibility of the chief to determine whether mobilization is the appropriate response to the emergency or disaster and, if so, to mobilize jurisdictions under the Washington state law enforcement mobilization plan.

     (2) Upon mobilization, the chief shall appoint a state law enforcement resource coordinator, and an alternate, who shall serve jointly with the chief law enforcement officer from the host agency to command the mobilization effort consistent with incident command system procedures.

     (3) Upon mobilization, all law enforcement resources including those of the host agency and those that responded earlier under an existing mutual aid or other agreement shall be mobilized. Mobilization may include the redistribution of regional or statewide law enforcement resources to either direct emergency incident assignments or to assignments in communities where law enforcement resources are needed.

     (4) For the duration of the mobilization:

     (a) Host agency resources shall become state law enforcement mobilization resources, under the command of the state law enforcement resource coordinator and the chief law enforcement officer from the host agency, consistent with the state law enforcement mobilization plan and incident command system procedures; and

     (b) All law enforcement authorities providing resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter.

     (5) The chief, in consultation with the regional law enforcement resource coordinator, shall determine when mobilization is no longer required and shall then declare the end to the mobilization.

     NEW SECTION. Sec. 9. (1) The state law enforcement resource coordinator, or alternate, shall serve in that capacity for the duration of the mobilization.

     (2) The duties of the coordinator are to:

     (a) Coordinate the mobilization of law enforcement and other support resources within a region;

     (b) Be primarily responsible for the coordination of resources in conjunction with the regional law enforcement mobilization committees, in the case of incidents involving more than one region or when resources from more than one region must be mobilized; and

     (c) Advise and consult with the chief regarding what resources are required in response to the emergency or disaster and in regard to when the mobilization should end.

     NEW SECTION. Sec. 10. (1) Regions within the state are initially established as follows and may be adjusted as necessary by the state law enforcement policy board, but should remain consistent with the Washington state fire defense regions:

     (a) Central region - Grays Harbor, Thurston, Pacific, and Lewis counties;

     (b) Lower Columbia region - Kittitas, Yakima, and Klickitat counties;

     (c) Mid-Columbia region - Chelan, Douglas, and Grant counties;

     (d) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille, Spokane, Adams, and Lincoln counties;

     (e) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and Island counties;

     (f) Olympic region - Clallam and Jefferson counties;

     (g) South Puget Sound region - Kitsap, Mason, King, and Pierce counties;

     (h) Southeast region - Benton, Franklin, Walla Walla, Columbia, Whitman, Garfield, and Asotin counties;

     (i) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania counties.

     (2) Within each of the regions there is created a regional law enforcement mobilization committee. The committees shall consist of the sheriff of each county in the region, the district commander of the Washington state patrol from the region, a number of police chiefs within the region equivalent to the number of counties within the region plus one, and the director of the counties' emergency management office. The police chief members of each regional committee must include the chiefs of police of each city of ninety-five thousand or more population, and the number of members of the committee shall be increased if necessary to accommodate such chiefs. Members of each regional mobilization committee shall select a chair, who shall have authority to implement the regional plan, and a secretary as officers. Members serving on the regional mobilization committees shall not be eligible for reimbursement for meeting-related expenses from the state.

     (3) The regional mobilization committees shall work with the relevant local government entities to facilitate development of intergovernmental agreements if any such agreements are required to implement a regional law enforcement mobilization plan.

     (4) Regional mobilization committees shall develop regional law enforcement mobilization plans that include provisions for organized law enforcement agencies to respond across municipal, county, or regional boundaries. Each regional mobilization plan shall be consistent with the incident command system, the Washington state law enforcement mobilization plan, and regional response plans adopted prior to the effective date of this act.

     (5) Each regional plan, adopted under subsection (4) of this section shall be approved by the state law enforcement mobilization policy board before implementation.

     NEW SECTION. Sec. 11. The state patrol in consultation with the Washington association of sheriffs and police chiefs and the office of financial management shall develop procedures to facilitate reimbursement to jurisdictions from funds appropriated specifically for this purpose when jurisdictions are mobilized under the Washington state law enforcement mobilization plan.

     Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost law enforcement authority for reimbursement of expenses incurred in providing law enforcement resources for mobilization.

     NEW SECTION. Sec. 12. Sections 6 through 11 of this act are each added to chapter 43.43 RCW."

     Renumber the remaining section consecutively and correct the title and any internal references accordingly., 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. 5935

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5935, as amended by the Senate.

ROLL CALL

    The Secretary called the roll on the final passage of Senate Bill No. 5935, 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. 5935, 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. 5787 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

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