WHEREAS, Washington women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and

             WHEREAS, Washington women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the State by constituting a significant portion of the labor force working inside and outside of the home; and

             WHEREAS, Washington women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force; and

             WHEREAS, Washington women were particularly important in establishing early charitable, philanthropic, and cultural institutions in our State; and

             WHEREAS, Washington women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and

             WHEREAS, Washington women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements; and

             WHEREAS, Washington women include:

Mary Davenport Engberg, the first female symphony conductor in America. Engberg directed an 85-member symphony orchestra in Bellingham's Beck's Theater on December 14, 1914. She was a composer, teacher, and violin virtuoso.

Ella Higginson, the state's illustrious poet laureate, who was criticized by her older brother and her husband for her literary ambitions. She worked 16 hours a day on her poems. Her popular poems were set to music and sung by Emma Calve' and Enrico Caruso.

Mary Richardson Walker, one of the first white women to cross the Rockies in 1833. She was an amateur botanist, geologist, taxidermist, carpenter, and mother of eight. From one of her diaries: "Rose about five. Had an early breakfast. Got my housework done about nine. Baked six loaves of bread. Made a kettle of mush and now have suet pudding and beef boiling...I have managed to put my clothes away and set my house in order....Nine o'clock P.M. Was delivered of another son."

Kate Sadler, a beloved orator, who wrote: "Oh, Labor, Labor when will you know your strength?"

Christal Ountasket "Mourning Dove," an Okanogan Indian, who was the first Native American novelist. In 1927 she published Cogewea, the Half Breed. She was a migrant worker who lugged her typewriter from camp to camp.

Bertha Landes, who was, in 1926, the first female mayor of Seattle and the first female mayor of a major American city.

Nellie Centennial Cornish, who founded the Cornish School of Music and Art in 1914. The school was one of the first of its kind in the nation.

May Arkwright Hutton, a suffrage leader who worked tirelessly for equal rights and helped win the vote for women in Washington State in 1910. She was one of the first two women called for jury duty in Spokane County, and the first female delegate to the Democratic National Convention in 1912.

Thea Foss, who started out renting rowboats to fishermen. By the 1890s she was transporting logs by tugboat under the green and white flag of Foss Launch and Tug Company. Foss Maritime continues today.

Ruth Parton, a daredevil equestrian who invented the "Drunken Derby" in which the rider, on an unbridled horse stood in the saddle leaning way to one side during the ride. She was an inductee into the National Cowgirl Hall of Fame in Hereford, Texas.

Mary Perkins, one of the first female doctors in Washington State. She practiced until she was 79.

Catherine May Bedell, the first woman elected to Congress from the State of Washington. She served in the Washington State House of Representatives from 1952 to 1958. She was elected to Congress six times and served from 1959 until 1970.

             WHEREAS, Despite these contributions, the role of Washington women in history has been consistently overlooked and undervalued, in the literature, teaching, and study of Washington history;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor March as "Women's History Month"; and

             BE IT FURTHER RESOLVED, That members of the House of Representatives and the Senate be encouraged to distribute this resolution in their home communities and invite nominations of local women who are making history to be added to this honored list in future years.

             HOUSE RESOLUTION NO. 4718 was adopted.

SENATE AMENDMENTS TO HOUSE BILL

March 3, 2004

Mr. Speaker:

             The Senate has passed SUBSTITUTE HOUSE BILL NO. 2452, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 58.17.040 and 2002 c 44 s 1 are each amended to read as follows:

              The provisions of this chapter shall not apply to:

              (1) Cemeteries and other burial plots while used for that purpose;

              (2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

              (3) Divisions made by testamentary provisions, or the laws of descent;

              (4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

              (5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

              (6) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;

              (7) Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county or counties in which such land is located; and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan; ((and))

              (8) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and

              (9) A division of land into less than three acres for the purpose of creating a site to be used solely for a consumer-owned or investor-owned electric utility facility, so long as a survey is recorded in accordance with chapter 58.09 RCW. For the purposes of this subsection, "electric utility facility" means an automated facility that does not require potable water or sewer service and is used for, in connection with, or to facilitate the transmission, distribution, sale, or furnishing of electricity, including electric power substations and switching stations. This subsection does not exempt a division of land from the zoning and permitting ordinances and regulations approved by the legislative body of a city, town, county, or municipal corporation, and does not apply to an electric utility facility intended for the primary purpose of extending electric service or facilities to an existing customer or customers of another electric utility without that utility's agreement."

              On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "and amending RCW 58.17.040."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House refused to concur in the Senate amendments to SUBSTITUTE HOUSE BILL NO. 2452 and asked the Senate to recede therefrom.

SENATE AMENDMENTS TO HOUSE BILL

March 5, 2004

Mr. Speaker:

             The Senate has passed SUBSTITUTE HOUSE BILL NO. 2660, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 10.05.140 and 2003 c 220 s 2 are each amended to read as follows:

              As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance. The amount of liability insurance shall be established by the court at not less than that established by RCW 46.29.490. As a condition of granting a deferred prosecution petition on any alcohol-dependency based case, the court shall also order the installation of an ignition interlock ((or other device)) under RCW 46.20.720 ((for a petitioner who has previously been convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance or a petitioner who has been charged with such an offense and had an alcohol concentration of at least .15, or by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration. For any other petitioner, the court may order the installation of an interlock device under RCW 46.20.720(1) as a condition of granting a deferred prosecution petition)). The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720(2) (a), (b), and (c). As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution program upon violation of the deferred prosecution order.

              Sec. 2. RCW 46.20.311 and 2003 c 366 s 2 are each amended to read as follows:

              (1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.267, 46.20.342, or other provision of law.

              (b) Except for a suspension under RCW 46.20.267, 46.20.289, 46.20.291(5), 46.61.740, or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW.

              (c) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to RCW 46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock ((or other biological or technical device)), the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned ((and/or)) or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an interlock required under RCW 46.20.720 is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.

              (d) Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.

              (((b))) (e)(i) The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars.

              (ii) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.

              (2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.

              (b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars.

              (ii) If the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one hundred fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to RCW 46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned ((and/or)) or operated by the person applying for a new license. If, following issuance of a new license, the department determines, based upon notification from the interlock provider or otherwise, that an interlock required under RCW 46.20.720 is no longer functioning, the department shall suspend the person's license or privilege to drive until the department has received written verification from an interlock provider that a functioning interlock is installed.

              (c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

              (3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars.

              (b) If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars.

              Sec. 3. RCW 46.20.3101 and 1998 c 213 s 2, 1998 c 209 s 2, and 1998 c 207 s 8 are each reenacted and amended to read as follows:

              Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested person's license, permit, or privilege to drive as follows:

              (1) In the case of a person who has refused a test or tests:

              (a) For a first refusal within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, revocation or denial for one year;

              (b) For a second or subsequent refusal within seven years, or for a first refusal where there has been one or more previous incidents within seven years that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer. ((A revocation imposed under this subsection (1)(b) shall run consecutively to the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident.))

              (2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.08 or more:

              (a) For a first incident within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, suspension for ninety days;

              (b) For a second or subsequent incident within seven years, revocation or denial for two years.

              (3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was in violation of RCW 46.61.502, 46.61.503, or 46.61.504:

              (a) For a first incident within seven years, suspension or denial for ninety days;

              (b) For a second or subsequent incident within seven years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer.

              (4) The department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under this section for a suspension, revocation, or denial imposed under RCW 46.61.5055 arising out of the same incident.

              Sec. 4. RCW 46.20.342 and 2001 c 325 s 3 are each amended to read as follows:

              (1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.

              (a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.

              (b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:

              (i) A conviction of a felony in the commission of which a motor vehicle was used;

              (ii) A previous conviction under this section;

              (iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;

              (iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational or a temporary restricted driver's license;

              (v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;

              (vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

              (vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;

              (viii) A conviction of RCW 46.61.500, relating to reckless driving;

              (ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;

              (x) A conviction of RCW 46.61.520, relating to vehicular homicide;

              (xi) A conviction of RCW 46.61.522, relating to vehicular assault;

              (xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;

              (xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;

              (xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;

              (xv) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;

              (xvi) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;

              (xvii) An administrative action taken by the department under chapter 46.20 RCW; or

              (xviii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.

              (c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or any combination of (i) through (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.

              (2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:

              (a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

              (b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

              (c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.

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

              No person may file an application for a temporary restricted driver's license as provided in RCW 46.20.391 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of one hundred dollars. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.

              Sec. 6. RCW 46.20.391 and 1999 c 274 s 4 and 1999 c 272 s 1 are each reenacted and amended to read as follows:

              (1)(a) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, or who ((has had his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a))) is authorized under RCW 46.20.3101(4), may submit to the department an application for ((an occupational)) a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is ((engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle)) eligible to receive the license, may issue ((an occupational)) a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, ((an occupational)) a temporary restricted driver's license that is effective during the first thirty days of any suspension or revocation imposed ((either)) for a violation of RCW 46.61.502 or 46.61.504 or ((under RCW 46.20.3101 (2)(a) or (3)(a), or for both a violation of RCW 46.61.502 or 46.61.504 and under RCW 46.20.3101 (2)(a) or (3)(a) where the action arises from the same incident. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department)), for a suspension, revocation, or denial imposed under RCW 46.20.3101, during the required minimum portion of the periods of suspension, revocation, or denial established under (c) of this subsection.

              (b) An applicant under this subsection whose driver's license is suspended or revoked for an alcohol-related offense shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on a vehicle owned or operated by the person.

              (i) The department shall require the person to maintain such a device on a vehicle owned or operated by the person and shall restrict the person to operating only vehicles equipped with such a device, for the remainder of the period of suspension, revocation, or denial.

              (ii) Subject to any periodic renewal requirements established by the department pursuant to this section and subject to any applicable compliance requirements under this chapter or other law, a temporary restricted driver's license granted after a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.

              (iii) The time period during which the person is licensed under this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is required under RCW 46.20.720 (1) and (2) (a), (b), and (c).

              (c) The department shall provide by rule the minimum portions of the periods of suspension, revocation, or denial set forth in RCW 46.20.3101 after which a person may apply for a temporary restricted driver's license under this section. In establishing the minimum portions of the periods of suspension, revocation, or denial, the department shall consider the requirements of federal law regarding state eligibility for grants or other funding, and shall establish such periods so as to ensure that the state will maintain its eligibility, or establish eligibility, to obtain incentive grants or any other federal funding.

              (2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license ((if the applicant demonstrates to the satisfaction of the department that one of the following additional conditions are met:

              (i) The applicant is in an apprenticeship program or an on-the-job training program for which a driver's license is required;

              (ii) The applicant presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program and the program has certified that a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect no longer than fourteen days;

              (iii) The applicant is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license; or

              (iv) The applicant is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous)).

              (b) If the suspension is for failure to respond, pay, or comply with a notice of traffic infraction or conviction, the applicant must enter into a payment plan with the court.

              (c) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation ((but not more than two years)).

              (((d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection.

              (e) The department shall not issue an occupational driver's license under (a)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (a)(iv) of this subsection.))

              (3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:

              (a) ((Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

              (b))) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed ((any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii))) vehicular homicide under RCW 46.61.520((;)) or (((iii))) vehicular assault under RCW 46.61.522; and

              (((c))) (b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:

              (i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle((, except as allowed under subsection (2)(a) of this section));

              (ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;

              (iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;

              (iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;

              (v) Is fulfilling court-ordered community service responsibilities;

              (vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;

              (vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or

              (viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than fourteen days; and

              (((d))) (c) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and

              (d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and

              (e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.

              (4) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.

              (5) The director shall cancel an occupational or temporary restricted driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of a separate offense that under chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.

              Sec. 7. RCW 46.20.394 and 1999 c 272 s 2 are each amended to read as follows:

              In issuing an occupational or a temporary restricted driver's license under RCW 46.20.391, the department shall describe the type of ((occupation permitted)) qualifying circumstances for the license and shall set forth in detail the specific hours of the day during which the person may drive to and from his ((place of work)) or her residence, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. In issuing an occupational or temporary restricted driver's license that meets the qualifying circumstance under RCW 46.20.391 (((2)(a)(iv))) (3)(b)(iv), the department shall set forth in detail the specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license may be used, and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational or temporary restricted driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.

              Sec. 8. RCW 46.20.400 and 1967 c 32 s 33 are each amended to read as follows:

              If an occupational or a temporary restricted driver's license is issued and is not revoked during the period for which issued the licensee may obtain a new driver's license at the end of such period, but no new driver's ((permit shall)) license may be issued to such person until he or she surrenders his or her occupational or temporary restricted driver's license and his or her copy of the order, and the director is satisfied that ((he)) the person complies with all other provisions of law relative to the issuance of a driver's license.

              Sec. 9. RCW 46.20.410 and 1967 c 32 s 34 are each amended to read as follows:

              Any person convicted for violation of any restriction of an occupational or a temporary restricted driver's license shall in addition to the immediate revocation of such license and any other penalties provided by law be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than six months or both such fine and imprisonment.

              Sec. 10. RCW 46.20.720 and 2003 c 366 s 1 are each amended to read as follows:

              (1) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock ((or other biological or technical device)). The court shall establish a specific calibration setting at which the interlock will prevent the vehicle from being started. The court shall also establish the period of time for which interlock use will be required.

              (2)(((a))) The department shall require that, after any applicable period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock ((or other biological or technical)) device if the person is convicted of ((a)) an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance ((and it is:

              (i) The person's first conviction or a deferred prosecution under chapter 10.05 RCW and his or her alcohol concentration was at least 0.15, or by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration;

              (ii) The person's second or subsequent conviction; or

              (iii) The person's first conviction and the person has a previous deferred prosecution under chapter 10.05 RCW or it is a deferred prosecution under chapter 10.05 RCW and the person has a previous conviction)).

              (((b))) The department may waive the requirement for the use of such a device if it concludes that such devices are not reasonably available in the local area. ((Nothing in this section may be interpreted as entitling a person to more than one deferred prosecution.

              (3) In the case of a person under subsection (1) of this section, the court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. In the case of a person under subsection (2) of this section,)) The device is not necessary on vehicles owned by a person's employer and driven as a requirement of employment during working hours.

              The ignition interlock ((or other biological or technical)) device shall be calibrated to prevent the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.025 or more((, and)). The period of time of the restriction will be as follows:

              (a) For a person (((i) who is subject to RCW 46.61.5055 (1)(b), (2), or (3), or who is subject to a deferred prosecution program under chapter 10.05 RCW; and (ii))) who has not previously been restricted under this section, a period of one year;

              (b) For a person who has previously been restricted under (a) of this subsection, a period of five years;

              (c) For a person who has previously been restricted under (b) of this subsection, a period of ten years.

              ((For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW.))

              Sec. 11. RCW 46.20.740 and 2001 c 55 s 1 are each amended to read as follows:

              (1) The department shall attach or imprint a notation on the driving record of any person restricted under RCW 46.20.720 stating that the person may operate only a motor vehicle equipped with ((an)) a functioning ignition interlock ((or other biological or technical)) device. The department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an ignition interlock required under this section is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.

              (2) It is a misdemeanor for a person with such a notation on his or her driving record to operate a motor vehicle that is not so equipped.

              Sec. 12. RCW 46.61.5055 and 2003 c 103 s 1 are each amended to read as follows:

              (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within seven years shall be punished as follows:

              (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

              (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court may order not less than fifteen days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and

              (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; or

              (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

              (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court may order not less than thirty days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and

              (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent((; and

              (iii) By a court-ordered restriction under RCW 46.20.720)).

              (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within seven years shall be punished as follows:

              (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

              (i) By imprisonment for not less than thirty days nor more than one year and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

              (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; ((and

              (iii) By a court-ordered restriction under RCW 46.20.720;)) or

              (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

              (i) By imprisonment for not less than forty-five days nor more than one year and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

              (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent((; and

              (iii) By a court-ordered restriction under RCW 46.20.720)).

              (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within seven years shall be punished as follows:

              (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

              (i) By imprisonment for not less than ninety days nor more than one year and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

              (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent((; and

              (iii) By a court-ordered restriction under RCW 46.20.720)); or

              (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

              (i) By imprisonment for not less than one hundred twenty days nor more than one year and one hundred fifty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

              (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent((; and

              (iii) By a court-ordered restriction under RCW 46.20.720)).

              (4) If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court shall:

              (a) In any case in which the installation and use of an interlock or other device is not mandatory under RCW 46.20.720 or other law, order the use of such a device for not less than sixty days following the restoration of the person's license, permit, or nonresident driving privileges; and

              (b) In any case in which the installation and use of such a device is otherwise mandatory, order the use of such a device for an additional sixty days.

              (5) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:

              (a) Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property; and

              (b) Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers.

              (6) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

              (7) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs must:

              (a) If the person's alcohol concentration was less than 0.15, or if for reasons other than the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

              (i) Where there has been no prior offense within seven years, be suspended or denied by the department for ninety days;

              (ii) Where there has been one prior offense within seven years, be revoked or denied by the department for two years; or

              (iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;

              (b) If the person's alcohol concentration was at least 0.15((, or if by reason of the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration)):

              (i) Where there has been no prior offense within seven years, be revoked or denied by the department for one year;

              (ii) Where there has been one prior offense within seven years, be revoked or denied by the department for nine hundred days; or

              (iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or

              (c) If by reason of the person's refusal to take a test offered under RCW 46.20.308, there is no test result indicating the person's alcohol concentration:

              (i) Where there have been no prior offenses within seven years, be revoked or denied by the department for two years;

              (ii) Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or

              (iii) Where there have been two or more previous offenses within seven years, be revoked or denied by the department for four years.

              The department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under this subsection for a suspension, revocation, or denial imposed under RCW 46.20.3101 arising out of the same incident.

              For purposes of this subsection (7), the department shall refer to the driver's record maintained under RCW 46.52.120 when determining the existence of prior offenses.

              (8) After expiration of any period of suspension, revocation, or denial of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

              (9)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock ((or other biological or technical)) device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

              (b) For each violation of mandatory conditions of probation under (a)(i) ((and)), (ii), or (((a)(i) and)) (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

              (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

              (10) A court may waive the electronic home monitoring requirements of this chapter when:

              (a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home monitoring system;

              (b) The offender does not reside in the state of Washington; or

              (c) The court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.

              Whenever the mandatory minimum term of electronic home monitoring is waived, the court shall state in writing the reason for granting the waiver and the facts upon which the waiver is based, and shall impose an alternative sentence with similar punitive consequences. The alternative sentence may include, but is not limited to, additional jail time, work crew, or work camp.

              Whenever the combination of jail time and electronic home monitoring or alternative sentence would exceed three hundred sixty-five days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed three hundred sixty-five days.

              (11) An offender serving a sentence under this section, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the jail administrator subject to the standards and limitations set forth in RCW 9.94A.728(4).

              (12) For purposes of this section:

              (a) A "prior offense" means any of the following:

              (i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

              (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

              (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

              (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

              (v) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

              (vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;

              (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or

              (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522; and

              (b) "Within seven years" means that the arrest for a prior offense occurred within seven years of the arrest for the current offense.

              Sec. 13. RCW 46.63.020 and 2003 c 33 s 4 are each amended to read as follows:

              Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

              (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

              (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

              (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

              (4) RCW 46.10.130 relating to the operation of snowmobiles;

              (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

              (6) RCW 46.16.010 relating to initial registration of motor vehicles;

              (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

              (8) RCW 46.16.160 relating to vehicle trip permits;

              (9) RCW 46.16.381(2) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;

              (10) RCW 46.20.005 relating to driving without a valid driver's license;

              (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

              (12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;

              (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

              (14) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;

              (15) RCW 46.20.410 relating to the violation of restrictions of an occupational or temporary restricted driver's license;

              (16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;

              (17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

              (18) RCW 46.25.170 relating to commercial driver's licenses;

              (19) Chapter 46.29 RCW relating to financial responsibility;

              (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;

              (21) RCW 46.37.435 relating to wrongful installation of sunscreening material;

              (22) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;

              (23) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

              (24) RCW 46.48.175 relating to the transportation of dangerous articles;

              (25) RCW 46.52.010 relating to duty on striking an unattended car or other property;

              (26) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

              (27) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

              (28) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

              (29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

              (30) RCW 46.55.035 relating to prohibited practices by tow truck operators;

              (31) RCW 46.61.015 relating to obedience to police officers, flaggers, or fire fighters;

              (32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

              (33) RCW 46.61.022 relating to failure to stop and give identification to an officer;

              (34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

              (35) RCW 46.61.500 relating to reckless driving;

              (36) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

              (37) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

              (38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

              (39) RCW 46.61.522 relating to vehicular assault;

              (40) RCW 46.61.5249 relating to first degree negligent driving;

              (41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

              (42) RCW 46.61.530 relating to racing of vehicles on highways;

              (43) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

              (44) RCW 46.61.740 relating to theft of motor vehicle fuel;

              (45) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

              (46) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

              (47) Chapter 46.65 RCW relating to habitual traffic offenders;

              (48) RCW 46.68.010 relating to false statements made to obtain a refund;

              (49) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

              (50) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

              (51) RCW 46.72A.060 relating to limousine carrier insurance;

              (52) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;

              (53) RCW 46.72A.080 relating to false advertising by a limousine carrier;

              (54) Chapter 46.80 RCW relating to motor vehicle wreckers;

              (55) Chapter 46.82 RCW relating to driver's training schools;

              (56) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

              (57) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

              Sec. 14. RCW 46.68.041 and 1998 c 212 s 3 are each amended to read as follows:

              (1) Except as provided in subsection (2) of this section, the department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund.

              (2) Sixty-three percent of each fee collected by the department under RCW 46.20.311 (1)(((b))) (e)(ii), (2)(b)(ii), and (3)(b) shall be deposited in the impaired driving safety account.

              Sec. 15. RCW 46.68.260 and 1998 c 212 s 2 are each amended to read as follows:

              The impaired driving safety account is created in the custody of the state treasurer. All receipts from fees collected under RCW 46.20.311 (1)(((b))) (e)(ii), (2)(b)(ii), and (3)(b) shall be deposited according to RCW 46.68.041. Expenditures from this account may be used only to fund projects to reduce impaired driving and to provide funding to local governments for costs associated with enforcing laws relating to driving and boating while under the influence of intoxicating liquor or any drug. The account is subject to allotment procedures under chapter 43.88 RCW. Moneys in the account may be spent only after appropriation."

              On page 1, line 1 of the title, after "offenses;" strike the remainder of the title and insert "amending RCW 10.05.140, 46.20.311, 46.20.342, 46.20.394, 46.20.400, 46.20.410, 46.20.720, 46.20.740, 46.61.5055, 46.63.020, 46.68.041, and 46.68.260; reenacting and amending RCW 46.20.3101 and 46.20.391; and adding a new section to chapter 46.20 RCW."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House refused to concur in the Senate amendments to SUBSTITUTE HOUSE BILL NO. 2660 and asked the Senate to recede therefrom.

SENATE AMENDMENTS TO HOUSE BILL

March 2, 2004

Mr. Speaker:

             The Senate has passed SUBSTITUTE HOUSE BILL NO. 2988, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. A new section is added to chapter 74.13 RCW to read as follows:

              A foster parent who believes that a department employee has retaliated against the foster parent or in any other manner discriminated against the foster parent because:

              (1) The foster parent made a complaint with the office of the family and children's ombudsman, the attorney general, law enforcement agencies, or the department, provided information, or otherwise cooperated with the investigation of such a complaint;

              (2) The foster parent has caused to be instituted any proceedings under or related to Title 13 RCW;

              (3) The foster parent has testified or is about to testify in any proceedings under or related to Title 13 RCW;

              (4) The foster parent has advocated for services on behalf of the foster child;

              (5) The foster parent has sought to adopt a foster child in the foster parent's care; or

              (6) The foster parent has discussed or consulted with anyone concerning the foster parent's rights under this chapter or chapter 74.15 or 13.34 RCW,

may file a complaint with the office of the family and children's ombudsman. The office of the family and children's ombudsman shall include its recommendations regarding complaints filed under this section in its annual report pursuant to RCW 43.06A.030. The office of the family and children's ombudsman shall identify trends which may indicate a need to improve relations between the department and foster parents.

              NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:

              The department shall develop procedures for responding to recommendations of the office of the family and children's ombudsman as a result of any and all complaints filed by foster parents under section 1 of this act.

              NEW SECTION. Sec. 3. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2004, from the general fund to the office of the family and children's ombudsman for the purposes of section 1 of this act."

              On page 1, line 1 of the title, after "rights;" strike the remainder of the title and insert "adding new sections to chapter 74.13 RCW; and making an appropriation."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House refused to concur in the Senate amendments to SUBSTITUTE HOUSE BILL NO. 2988 and asked the Senate to recede therefrom.

SENATE AMENDMENTS TO HOUSE BILL

March 4, 2004

Mr. Speaker:

             The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 6208 and asks the House to recede therefrom.

Milt H. Doumit, Secretary

             There being no objection, the House insisted on its position regarding Senate amendments to SUBSTITUTE SENATE BILL NO. 6208 and asked the Senate for a conference thereon.

APPOINTMENT OF CONFEREES

             The Speaker (Representative Lovick presiding) appointed Representatives Romero, Upthegrove and Schindler as conferees on Substitute Senate Bill No. 6208.

SENATE AMENDMENTS TO HOUSE BILL

March 4, 2004

Mr. Speaker:

             The Senate has passed SUBSTITUTE HOUSE BILL NO. 2300, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 17.21.020 and 2002 c 122 s 2 are each amended to read as follows:

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

              (1) "Agricultural commodity" means any plant or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.

              (2) "Agricultural land" means land on which an agricultural commodity is produced or land that is in a government-recognized conservation reserve program. This definition does not apply to private gardens where agricultural commodities are produced for personal consumption.

              (3) "Antimicrobial pesticide" means a pesticide that is used for the control of microbial pests, including but not limited to viruses, bacteria, algae, and protozoa, and is intended for use as a disinfectant or sanitizer.

              (4) "Apparatus" means any type of ground, water, or aerial equipment, device, or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating, or stored on or in such land, but shall not include any pressurized handsized household device used to apply any pesticide, or any equipment, device, or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application, or any other small equipment, device, or contrivance that is transported in a piece of equipment licensed under this chapter as an apparatus.

              (5) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

              (6) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, ((or certified)) private applicator, limited private applicator, rancher private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA or the director as a restricted use pesticide.

              (7) "Commercial pesticide applicator" means any person who engages in the business of applying pesticides to the land of another.

              (8) "Commercial pesticide operator" means any employee of a commercial pesticide applicator who uses or supervises the use of any pesticide and who is required to be licensed under provisions of this chapter.

              (9) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.

              (10) "Department" means the Washington state department of agriculture.

              (11) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.

              (12) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, but not including equipment used for the application of pesticides when sold separately from the pesticides.

              (13) "Direct supervision" by certified private applicators shall mean that the designated restricted use pesticide shall be applied for purposes of producing any agricultural commodity on land owned or rented by the applicator or the applicator's employer, by a competent person acting under the instructions and control of a certified private applicator who is available if and when needed, even though such certified private applicator is not physically present at the time and place the pesticide is applied. The certified private applicator shall have direct management responsibility and familiarity of the pesticide, manner of application, pest, and land to which the pesticide is being applied. Direct supervision by all other certified applicators means direct on-the-job supervision and shall require that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. However, direct supervision for forest application does not require constant voice and visual contact when general use pesticides are applied using nonapparatus type equipment, the certified applicator is physically present and readily available in the immediate application area, and the certified applicator directly observes pesticide mixing and batching. Direct supervision of an aerial apparatus means the pilot of the aircraft must be appropriately certified.

              (14) "Director" means the director of the department or a duly authorized representative.

              (15) "Engage in business" means any application of pesticides by any person upon lands or crops of another.

              (16) "EPA" means the United States environmental protection agency.

              (17) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.

              (18) "FIFRA" means the federal insecticide, fungicide and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).

              (19) "Forest application" means the application of pesticides to agricultural land used to grow trees for the commercial production of wood or wood fiber for products such as dimensional lumber, shakes, plywood, poles, posts, pilings, particle board, hardboard, oriented strand board, pulp, paper, cardboard, or other similar products.

              (20) "Fumigant" means any pesticide product or combination of products that is a vapor or gas or forms a vapor or gas on application and whose method of pesticidal action is through the gaseous state.

              (21) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, and yeasts, except those on or in a living person or other animals.

              (22) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.

              (23) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed or other higher plant.

              (24) "Immediate service call" means a landscape application to satisfy an emergency customer request for service, or a treatment to control a pest to landscape plants.

              (25) "Insect" means any small invertebrate animal, in any life stage, whose adult form is segmented and which generally belongs to the class insecta, comprised of six-legged, usually winged forms, as, for example, beetles, bugs, bees, and flies. The term insect shall also apply to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

              (26) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insect.

              (27) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices, and contrivances, appurtenant to or situated on, fixed or mobile, including any used for transportation.

              (28) "Landscape application" means an application of any EPA registered pesticide to any exterior landscape area around residential property, commercial properties such as apartments or shopping centers, parks, golf courses, schools including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a) Applications made by ((certified)) private applicators, limited private applicators, or rancher private applicators; (b) mosquito abatement, gypsy moth eradication, or similar wide-area pest control programs sponsored by governmental entities; and (c) commercial pesticide applicators making structural applications.

              (29) "Limited private applicator" means a certified applicator who uses or is in direct supervision, as defined for private applicators in this section, of the use of any herbicide classified by the EPA or the director as a restricted use pesticide, for the sole purpose of controlling weeds on nonproduction agricultural land owned or rented by the applicator or the applicator's employer. Limited private applicators may also use restricted use pesticides on timber areas, excluding aquatic sites, to control weeds designated for mandatory control under chapters 17.04, 17.06, and 17.10 RCW and state and local regulations adopted under chapters 17.04, 17.06, and 17.10 RCW. A limited private applicator may apply restricted use herbicides to the types of land described in this subsection of another person if applied without compensation other than trading of personal services between the applicator and the other person. This license is only valid when making applications in counties of Washington located east of the crest of the Cascade mountains.

              (30) "Limited production agricultural land" means land used to grow hay and grain crops that are consumed by the livestock on the farm where produced. No more than ten percent of the hay and grain crops grown on limited production agricultural land may be sold each crop year. Limited production agricultural land does not include aquatic sites.

              (31) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

              (((30))) (32) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts. Nematodes may also be called nemas or eelworms.

              (((31))) (33) "Nonproduction agricultural land" means pastures, rangeland, fencerows, and areas around farm buildings but not aquatic sites.

              (34) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

              (((32))) (35) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed, and any form of plant or animal life or virus, except virus, bacteria, or other microorganisms on or in a living person or other animal or in or on processed food or beverages or pharmaceuticals, which is normally considered to be a pest, or which the director may declare to be a pest.

              (((33))) (36) "Pesticide" means, but is not limited to:

              (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any pest;

              (b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

              (c) Any spray adjuvant((, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any pesticide as an aid to the application or effect thereof, and sold in a package or container separate from that of the pesticide with which it is to be used)) as defined in RCW 15.58.030.

              (((34))) (37) "Pesticide advisory board" means the pesticide advisory board as provided for in this chapter.

              (((35))) (38) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

              (((36))) (39) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of any pesticide classified by the EPA or the director as a restricted use pesticide, for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.

              (((37))) (40) "Private-commercial applicator" means a certified applicator who uses or supervises the use of any pesticide classified by the EPA or the director as a restricted use pesticide for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.

              (((38))) (41) "Rancher private applicator" means a certified applicator who uses or is in direct supervision, as defined for private applicators in this section, of the use of any herbicide or any rodenticide classified by the EPA or the director as a restricted use pesticide for the purpose of controlling weeds and pest animals on nonproduction agricultural land and limited production agricultural land owned or rented by the applicator or the applicator's employer. Rancher private applicators may also use restricted use pesticides on timber areas, excluding aquatic sites, to control weeds designated for mandatory control under chapters 17.04, 17.06, and 17.10 RCW and state and local regulations adopted under chapters 17.04, 17.06, and 17.10 RCW. A rancher private applicator may apply restricted use herbicides and rodenticides to the types of land described in this subsection of another person if applied without compensation other than trading of personal services between the applicator and the other person. This license is only valid when making applications in counties of Washington located east of the crest of the Cascade mountains.

              (42) "Residential property" includes property less than one acre in size zoned as residential by a city, town, or county, but does not include property zoned as agricultural or agricultural homesites.

              (((39))) (43) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.

              (((40))) (44) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest.

              (((41))) (45) "School facility" means any facility used for licensed day care center purposes or for the purposes of a public kindergarten or public elementary or secondary school. School facility includes the buildings or structures, playgrounds, landscape areas, athletic fields, school vehicles, or any other area of school property.

              (((42))) (46) "Snails or slugs" include all harmful mollusks.

              (((43))) (47) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

              (((44))) (48) "Weed" means any plant which grows where it is not wanted.

              Sec. 2. RCW 17.21.126 and 1997 c 242 s 14 are each amended to read as follows:

              It ((shall be)) is unlawful for any person to act as a private ((pesticide)) applicator, limited private applicator, or rancher private applicator without first complying with requirements determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the pesticide applicator or other persons, for each specific pesticide use.

              (1) Certification standards to determine the individual's competency with respect to the use and handling of the pesticide or class of pesticides for which the private ((pesticide)) applicator, limited private applicator, or rancher private applicator is certified shall be relative to hazards of the particular type of application, class of pesticides, or handling procedure. In determining these standards the director shall take into consideration standards of the EPA and is authorized to adopt these standards by rule.

              (2) ((Application for a private pesticide applicator license shall be accompanied by a fee of twenty-five dollars)) Application for a private applicator or a limited private applicator license, or the renewal of such licenses under RCW 17.21.132(4), shall be accompanied by a fee of twenty-five dollars. Application for a rancher private applicator license, or renewal of such license under RCW 17.21.132(4), shall be accompanied by a fee of seventy-five dollars. Individuals with a valid certified applicator license, pest control consultant license, or dealer manager license who qualify in the appropriate statewide or agricultural license categories are exempt from the private applicator, limited private applicator, or rancher private applicator fee requirements. However, licensed public pesticide operators, otherwise exempted from the public pesticide operator license fee requirement, are not also exempted from the ((private pesticide applicator)) fee requirements under this subsection.

              Sec. 3. RCW 17.21.128 and 1994 c 283 s 13 are each amended to read as follows:

              (1) The director may renew any certification or license issued under authority of this chapter subject to the recertification standards identified in subsection (2) of this section or an examination requiring new knowledge that may be required to apply pesticides.

              (2) Except as provided in subsection (3) of this section, all individuals licensed under this chapter shall meet the recertification standards identified in (a) or (b) of this subsection, every five years, in order to qualify for continuing licensure.

              (a) Licensed pesticide applicators may qualify for continued licensure through accumulation of recertification credits.

              (i) Private ((pesticide)) applicators shall accumulate a minimum of twenty department-approved credits every five years with no more than eight credits allowed per year;

              (ii) Limited private applicators shall accumulate a minimum of eight department-approved credits every five years. All credits must be applicable to the control of weeds with at least one-half of the credits directly related to weed control and the remaining credits in topic areas indirectly related to weed control, such as the safe and legal use of pesticides;

              (iii) Rancher private applicators shall accumulate a minimum of twelve department-approved credits every five years;

              (iv) All other license types established under this chapter shall accumulate a minimum of forty department-approved credits every five years with no more than fifteen credits allowed per year.

              (b) Certified pesticide applicators may qualify for continued licensure through meeting the examination requirements necessary to become licensed in those areas in which the licensee operates.

              (3) At the termination of a licensee's five-year recertification period, the director may waive the requirements identified in subsection (2) of this section if the licensee can demonstrate that he or she is meeting comparable recertification standards through another state or jurisdiction or through a federal environmental protection agency approved government agency plan.

              Sec. 4. RCW 17.21.132 and 1997 c 242 s 16 are each amended to read as follows:

              Any person applying for a license or certification authorized under the provisions of this chapter shall file an application on a form prescribed by the director.

              (1) The application shall state the license or certification and the classification(s) for which the applicant is applying and the method in which the pesticides are to be applied.

              (2) For all classes of licenses except private applicator, limited private applicator, and rancher private applicator, all applicants shall be at least eighteen years of age on the date that the application is made. Applicants for a private ((pesticide)) applicator, limited private applicator, or rancher private applicator license shall be at least sixteen years of age on the date that the application is made.

              (3) Application for a license to apply pesticides shall be accompanied by the required fee. No license may be issued until the required fee has been received by the department.

              (4) Each classification of license issued under this chapter ((shall)) except the limited private applicator and the rancher private applicator expires annually on a date set by rule by the director. Limited and rancher private applicator licenses expire on the fifth December 31st after issuance. Renewal applications shall be filed on or before the applicable expiration date.

              Sec. 5. RCW 17.21.140 and 1991 c 109 s 36 are each amended to read as follows:

              (1) If the application for renewal of any license provided for in this chapter is not filed on or prior to the expiration date of the license under this chapter or as set by rule by the director, a penalty of twenty-five dollars for the commercial pesticide applicator's license and the rancher private applicator license, and a penalty equivalent to the license fee for any other license, shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license ((shall be)) is issued((: PROVIDED, That such)). However, the penalty ((shall)) does not apply if the applicant furnishes an affidavit certifying that he or she has not acted as a licensee subsequent to the expiration of the license.

              (2) Any license for which a timely renewal application has been made, all other requirements have been met, and the proper fee paid, continues in full force and effect until the director notifies the applicant that the license has been renewed or the application has been denied.

              Sec. 6. RCW 15.58.030 and 2003 c 212 s 1 are each amended to read as follows:

              As used in this chapter the words and phrases defined in this section shall have the meanings indicated unless the context clearly requires otherwise.

              (1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant.

              (2) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.

              (3) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

              (4) "Complete wood destroying organism inspection" means inspection for the purpose of determining evidence of infestation, damage, or conducive conditions as part of the transfer, exchange, or refinancing of any structure in Washington state. Complete wood destroying organism inspections include any wood destroying organism inspection that is conducted as the result of telephone solicitation by an inspection, pest control, or other business, even if the inspection would fall within the definition of a specific wood destroying organism inspection.

              (5) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.

              (6) "Department" means the Washington state department of agriculture.

              (7) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.

              (8) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, or to destroy, control, repel or mitigate fungi, nematodes, or such other pests, as may be designated by the director, but not including equipment used for the application of pesticides when sold separately from the pesticides.

              (9) "Director" means the director of the department or a duly authorized representative.

              (10) "Distribute" means to offer for sale, hold for sale, sell, barter, or supply pesticides in this state.

              (11) "EPA" means the United States environmental protection agency.

              (12) "EPA restricted use pesticide" means any pesticide with restricted uses as classified for restricted use by the administrator, EPA.

              (13) "FIFRA" means the federal insecticide, fungicide, and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).

              (14) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of a lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living persons or other animals.

              (15) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.

              (16) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.

              (17) "Inert ingredient" means an ingredient which is not an active ingredient.

              (18) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide, and when the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic. ((In the case of a spray adjuvant)) The ingredient statement ((need contain only the names of the principal functioning agents and the total percentage of the constituents ineffective as spray adjuvants. If more than three functioning agents are present, only the three principal ones need by named)) for a spray adjuvant must be consistent with the labeling requirements adopted by rule.

              (19) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously segmented, and which for the most part belong to the class insecta, comprising six-legged, usually winged forms, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

              (20) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment whatsoever.

              (21) "Inspection control number" means a number obtained from the department that is recorded on wood destroying organism inspection reports issued by a structural pest inspector in conjunction with the transfer, exchange, or refinancing of any structure.

              (22) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide, device, or immediate container, and the outside container or wrapper of the retail package.

              (23) "Labeling" means all labels and other written, printed, or graphic matter:

              (a) Upon the pesticide, device, or any of its containers or wrappers;

              (b) Accompanying the pesticide, or referring to it in any other media used to disseminate information to the public; and

              (c) To which reference is made on the label or in literature accompanying or referring to the pesticide or device except when accurate nonmisleading reference is made to current official publications of the department, United States departments of agriculture; interior; education; health and human services; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

              (24) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

              (25) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses, endorsed for individual state-issued licenses, are issued and renewed using a master application and a master license expiration date common to each renewable license endorsement.

              (26) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

              (27) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, may also be called nemas or eelworms.

              (28) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

              (29) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed and any form of plant or animal life or virus, except virus on or in a living person or other animal, which is normally considered to be a pest or which the director may declare to be a pest.

              (30) "Pest control consultant" means any individual who sells or offers for sale at other than a licensed pesticide dealer outlet or location where they are employed, or who offers or supplies technical advice or makes recommendations to the user of:

              (a) Highly toxic pesticides, as determined under RCW 15.58.040;

              (b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or

              (c) Any other pesticide except those pesticides which are labeled and intended for home and garden use only.

              (31) "Pesticide" means, but is not limited to:

              (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;

              (b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

              (c) Any spray adjuvant.

              (32) "Pesticide advisory board" means the pesticide advisory board as provided for in the Washington pesticide application act.

              (33) "Pesticide dealer" means any person who distributes any of the following pesticides:

              (a) Highly toxic pesticides, as determined under RCW 15.58.040;

              (b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or

              (c) Any other pesticide except those pesticides which are labeled and intended for home and garden use only.

              (34) "Pesticide dealer manager" means the owner or other individual supervising pesticide distribution at one outlet holding a pesticide dealer license.

              (35) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

              (36) "Registrant" means the person registering any pesticide under the provisions of this chapter.

              (37) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.

              (38) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest.

              (39) "Specific wood destroying organism inspection" means an inspection of a structure for purposes of identifying or verifying evidence of an infestation of wood destroying organisms prior to pest management activities.

              (40) "Spray adjuvant" means any ((wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own,)) product intended to be used with ((any other)) a pesticide as an aid to the application or to the effect of the pesticide, and which is in a package or container separate from ((that of)) the pesticide ((with which it is to be used)). Spray adjuvant includes, but is not limited to, acidifiers, compatibility agents, crop oil concentrates, defoaming agents, drift control agents, modified vegetable oil concentrates, nonionic surfactants, organosilicone surfactants, stickers, and water conditioning agents. Spray adjuvant does not include products that are only intended to mark the location where a pesticide is applied.

              (41) "Special local needs registration" means a registration issued by the director pursuant to provisions of section 24(c) of FIFRA.

              (42) "Structural pest inspector" means any individual who performs the service of conducting a complete wood destroying organism inspection or a specific wood destroying organism inspection.

              (43) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

              (44) "Weed" means any plant which grows where not wanted.

              (45) "Wood destroying organism" means insects or fungi that consume, excavate, develop in, or otherwise modify the integrity of wood or wood products. Wood destroying organism includes, but is not limited to, carpenter ants, moisture ants, subterranean termites, dampwood termites, beetles in the family Anobiidae, and wood decay fungi (wood rot).

              (46) "Wood destroying organism inspection report" means any written document that reports or comments on the presence or absence of wood destroying organisms, their damage, and/or conducive conditions leading to the establishment of such organisms.

              NEW SECTION. Sec. 7. This act takes effect January 1, 2005."

              On page 1, line 1 of the title, after "pesticides;" strike the remainder of the title and insert "amending RCW 17.21.020, 17.21.126, 17.21.128, 17.21.132, 17.21.140, and 15.58.030; and providing an effective date."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to SUBSTITUTE HOUSE BILL NO. 2300 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

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

MOTIONS

             On motion of Representative Clements, Representative Campbell was excused. On motion of Representative Wallace, Representative Edwards, Flannigan, Kenney and Sullivan were excused.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 2300, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 2300, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

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

             Excused: Representatives Campbell, Edwards, Flannigan, Kenney and Sullivan - 5.

             SUBSTITUTE HOUSE BILL NO. 2300, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 5, 2004

Mr. Speaker:

             The Senate has passed HOUSE BILL NO. 2387, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. The legislature finds that social stigmas surrounding mental illness have prevented patients buried in the state hospital cemeteries from being properly memorialized. From 1887 to 1953, the state buried many of the patients who died while in residence at the three state hospitals on hospital grounds. In order to honor these patients, the legislature intends that the state be allowed to release records necessary to appropriately mark their resting place.

              Sec. 2. RCW 71.05.390 and 2000 c 94 s 9, 2000 c 75 s 6, and 2000 c 74 s 7 are each reenacted and amended to read as follows:

              Except as provided in this section, the fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services at public or private agencies shall be confidential.

              Information and records may be disclosed only:

              (1) In communications between qualified professional persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of guardianship proceedings. The consent of the patient, or his or her guardian, shall be obtained before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person: (a) Employed by the facility; (b) who has medical responsibility for the patient's care; (c) who is a county designated mental health professional; (d) who is providing services under chapter 71.24 RCW; (e) who is employed by a state or local correctional facility where the person is confined; or (f) who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW.

              (2) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing outpatient services to the operator of a care facility in which the patient resides.

              (3) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such designation.

              (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.

              (5) For either program evaluation or research, or both: PROVIDED, That the secretary adopts rules for the conduct of the evaluation or research, or both. Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality substantially as follows:

              "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.

              I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.

              (6) To the courts as necessary to the administration of this chapter or to a court ordering an evaluation or treatment under chapter 10.77 RCW solely for the purpose of preventing the entry of any evaluation or treatment order that is inconsistent with any order entered under this chapter.

              (7) To law enforcement officers, public health officers, or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject of the records and who are committed to the custody of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except for dissemination of information released pursuant to RCW 71.05.425 and 4.24.550, regarding persons committed under this chapter under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, the extent of information that may be released is limited as follows:

              (a) Only the fact, place, and date of involuntary commitment, the fact and date of discharge or release, and the last known address shall be disclosed upon request; and

              (b) The law enforcement and public health officers or personnel of the department of corrections or indeterminate sentence review board shall be obligated to keep such information confidential in accordance with this chapter; and

              (c) Additional information shall be disclosed only after giving notice to said person and his or her counsel and upon a showing of clear, cogent, and convincing evidence that such information is necessary and that appropriate safeguards for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody, said notice prior to disclosure is not necessary and that the facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or property and has a propensity toward violence.

              (8) To the attorney of the detained person.

              (9) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2) and 71.05.340(1)(b) and 71.05.335. The prosecutor shall be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information shall be disclosed only after giving notice to the committed person and the person's counsel.

              (10) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of commitment, admission, discharge, or release, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence.

              (11) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence.

              (12) To the persons designated in RCW 71.05.425 for the purposes described in that section.

              (13) Civil liability and immunity for the release of information about a particular person who is committed to the department under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.

              (14) To a patient's next of kin, guardian, or conservator, if any, in the event of death, as provided in RCW 71.05.400.

              (15) To the department of health for the purposes of determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt from public inspection and copying pursuant to chapter 42.17 RCW.

              (16) To mark headstones or otherwise memorialize patients interred at state hospital cemeteries. The department of social and health services shall make available the name, date of birth, and date of death of patients buried in state hospital cemeteries fifty years after the death of a patient.

              The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the written consent of the person who was the subject of the proceeding except in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(2)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial or in a civil commitment proceeding pursuant to chapter 71.09 RCW. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained."

              On page 1, line 2 of the title, after "cemeteries;" strike the remainder of the title and insert "reenacting and amending RCW 71.05.390; and creating a new section."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to HOUSE BILL NO. 2387 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives Carrell and Cody spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 2387, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 2387, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

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

             Excused: Representatives Campbell, Edwards, Flannigan, Kenney and Sullivan - 5.

             HOUSE BILL NO. 2387, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 4, 2004

Mr. Speaker:

             The Senate has passed SUBSTITUTE HOUSE BILL NO. 2431, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. It is the intent of the legislature to optimize the management of the recreational allocation of Dungeness crab in Washington state. To accomplish this task, it is necessary to accurately and efficiently quantify the total catch by recreational fishers for Dungeness crab using data from catch record cards. Therefore, an endorsement fee on the catch record card paid at the time of purchasing a recreational fishing license will be required for Dungeness crab to specifically identify the recreational crab harvesting population. The endorsement fee will significantly improve the precision of the catch estimates by eliminating the current practice of sampling fishers who do not participate in the recreational crab fishery.

              Sec. 2. RCW 77.32.430 and 2003 c 318 s 1 are each amended to read as follows:

              (1) Catch record card((s)) information is necessary for proper management of the state's food fish and game fish species and shellfish resources. Catch record card administration shall be ((administered)) under rules adopted by the commission ((and issued at no charge for the)). There is no charge for an initial catch record card ((and ten dollars for)). Each subsequent or duplicate catch record card((. A duplicate catch record [card])) costs ten dollars.

              (2) A license to take and possess Dungeness crab is only valid in Puget Sound waters east of the Bonilla-Tatoosh line if the fisher has in possession a valid catch record card officially endorsed for Dungeness crab. The endorsement shall cost no more than three dollars including any or all fees authorized under RCW 77.32.050.

              (3) Catch record cards issued with affixed temporary short-term charter stamp licenses are not subject to the ten-dollar charge ((as)) nor to the Dungeness crab endorsement fee provided for in this section. Charter boat or guide operators issuing temporary short-term charter stamp licenses shall affix the stamp to each catch record card issued before fishing commences. Catch record cards issued with a temporary short-term charter stamp are valid for two consecutive days.

              (((3))) (4) The department shall include provisions for recording marked and unmarked salmon in catch record cards issued after March 31, 2004.

              (((4))) (5) The funds received from the sale of catch record cards and the Dungeness crab endorsement must be deposited into the wildlife fund. The funds received from the Dungeness crab endorsement may be used only for the sampling, monitoring, and management of catch associated with the Dungeness crab recreational fisheries. Moneys allocated under this section shall supplement and not supplant other federal, state, and local funds used for Dungeness crab recreational fisheries management.

              NEW SECTION. Sec. 3. After the completion of one season using the Dungeness crab endorsement fee for Puget Sound recreational Dungeness crab fisheries, the department of fish and wildlife shall evaluate the effectiveness of the endorsement fee as a method for improving the accuracy of catch estimates for the Puget Sound recreational Dungeness crab fishery. The department's report shall include how the method has affected their ability to more accurately estimate the preseason allocation of the Puget Sound recreational Dungeness crab fishery and monitor in-season catch. The department shall report their findings to the appropriate committees of the legislature by May 15, 2006.

              NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect May 15, 2004."

              On page 1, line 1 of the title, after "endorsement;" strike the remainder of the title and insert "amending RCW 77.32.430; creating new sections; providing an effective date; and declaring an emergency."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to SUBSTITUTE HOUSE BILL NO. 2431 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives Upthegrove and Buck spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 2431, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 2431, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

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

             Excused: Representatives Campbell, Edwards, Flannigan, Kenney and Sullivan - 5.

             SUBSTITUTE HOUSE BILL NO. 2431, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 5, 2004

Mr. Speaker:

             The Senate has passed SUBSTITUTE HOUSE BILL NO. 2489, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 46.09.020 and 1986 c 206 s 1 are each amended to read as follows:

              ((As used in this chapter the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates:

              "Person" means any individual, firm, partnership, association, or corporation.

              "Nonhighway vehicle" means any motorized vehicle when used for recreation travel on trails and nonhighway roads or for recreation cross-country travel on any one of the following or a combination thereof: Land, water, snow, ice, marsh, swampland, and other natural terrain. Such vehicles include but are not limited to, off-road vehicles, two, three, or four-wheel vehicles, motorcycles, four-wheel drive vehicles, dune buggies, amphibious vehicles, ground effects or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind.

              Nonhighway vehicle does not include:

              (1) Any vehicle designed primarily for travel on, over, or in the water;

              (2) Snowmobiles or any military vehicles; or

              (3) Any vehicle eligible for a motor vehicle fuel tax exemption or rebate under chapter 82.36 RCW while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles.

              "Off-road vehicle" or "ORV" means any nonhighway vehicle when used for cross-country travel on trails or on any one of the following or a combination thereof: Land, water, snow, ice, marsh, swampland and other natural terrain.

              "ORV use permit" means a permit issued for operation of an off-road vehicle under this chapter.

              "ORV trail" means a multiple-use corridor designated and maintained for recreational travel by off-road vehicles that is not normally suitable for travel by conventional two-wheel drive vehicles and is posted or designated by the managing authority of the property that the trail traverses as permitting ORV travel.

              "ORV use area" means the entire area of a parcel of land except for camping and approved buffer areas that is posted or designated for ORV use in accordance with rules adopted by the managing authority.

              "ORV recreation facility" includes ORV trails and ORV use areas.

              "Owner" means the person other than the lienholder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof.

              "Operator" means each person who operates, or is in physical control of, any nonhighway vehicle.))

              The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

              (1) "Advisory committee" means the nonhighway and off-road vehicle activities advisory committee established in RCW 46.09.280.

              (2) "Committee" means the interagency committee for outdoor recreation established in RCW 79A.25.110.

              (3) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling off-road vehicles at wholesale or retail in this state.

              (4) "Department" means the department of licensing.

              (("Hunt" means any effort to kill, injure, capture, or purposely disturb a wild animal or wild bird.

              "Nonhighway road" means any road owned or managed by a public agency, or any private road for which the owner has granted a permanent easement for public use of the road, other than a highway generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles and that is not built or maintained with appropriations from the motor vehicle fund.

              "Highway," for the purpose of this chapter only, means the entire width between the boundary lines of every way publicly maintained by the state department of transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.

              "Organized competitive event" means any competition, advertised in advance through written notice to organized clubs or published in local newspapers, sponsored by recognized clubs, and conducted at a predetermined time and place.))

              (5) "Highway," for the purpose of this chapter only, means the entire width between the boundary lines of every roadway publicly maintained by the state department of transportation or any county or city with funding from the motor vehicle fund. A highway is generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles.

              (6) "Motorized vehicle" means a vehicle that derives motive power from an internal combustion engine.

              (7) "Nonhighway road" means any road owned or managed by a public agency or any private road for which the owner has granted an easement for public use for which appropriations from the motor vehicle fund were not used for (a) original construction or reconstruction in the last twenty-five years; or (b) maintenance in the last four years.

              (8) "Nonhighway road recreation facilities" means recreational facilities that are adjacent to, or accessed by, a nonhighway road and intended primarily for nonhighway road recreational users.

              (9) "Nonhighway road recreational user" means a person whose purpose for consuming fuel on a nonhighway road or off-road is primarily for nonhighway road recreational purposes, including, but not limited to, hunting, fishing, camping, sightseeing, wildlife viewing, picnicking, driving for pleasure, kayaking/canoeing, and gathering berries, firewood, mushrooms, and other natural products.

              (10) "Nonhighway vehicle" means any motorized vehicle including an ORV when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain.

              Nonhighway vehicle does not include:

              (a) Any vehicle designed primarily for travel on, over, or in the water;

              (b) Snowmobiles or any military vehicles; or

              (c) Any vehicle eligible for a motor vehicle fuel tax exemption or rebate under chapter 82.36 RCW while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles.

              (11) "Nonmotorized recreational facilities" means recreational trails and facilities that are adjacent to, or accessed by, a nonhighway road and intended primarily for nonmotorized recreational users.

              (12) "Nonmotorized recreational user" means a person whose purpose for consuming fuel on a nonhighway road or off-road is primarily for nonmotorized recreational purposes including, but not limited to, walking, hiking, backpacking, climbing, cross-country skiing, snowshoeing, mountain biking, horseback riding, and pack animal activities.

              (13) "Off-road vehicle" or "ORV" means any nonstreet licensed vehicle when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. Such vehicles include, but are not limited to, all-terrain vehicles, motorcycles, four-wheel drive vehicles, and dune buggies.

              (14) "Operator" means each person who operates, or is in physical control of, any nonhighway vehicle.

              (15) "Organized competitive event" means any competition, advertised in advance through written notice to organized clubs or published in local newspapers, sponsored by recognized clubs, and conducted at a predetermined time and place.

              (16) "ORV recreation facilities" include, but are not limited to, ORV trails, trailheads, campgrounds, ORV sports parks, and ORV use areas, designated for ORV use by the managing authority that are intended primarily for ORV recreational users.

              (17) "ORV recreational user" means a person whose purpose for consuming fuel on nonhighway roads or off-road is primarily for ORV recreational purposes, including but not limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or dune buggy.

              (18) "ORV sport park" means a facility designed to accommodate competitive ORV recreational uses including, but not limited to, motocross racing, four-wheel drive competitions, and flat track racing. Use of ORV sports parks can be competitive or noncompetitive in nature.

              (19) "ORV trail" means a multiple-use corridor designated by the managing authority and maintained for recreational use by motorized vehicles.

              (20) "ORV use permit" means a permit issued for operation of an off-road vehicle under this chapter.

              (21) "Owner" means the person other than the lienholder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof.

              (22) "Person" means any individual, firm, partnership, association, or corporation.

              Sec. 2. RCW 46.09.110 and 1986 c 206 s 6 are each amended to read as follows:

              The moneys collected by the department under this chapter shall be distributed from time to time but at least once a year in the following manner:

              The department shall retain enough money to cover expenses incurred in the administration of this chapter: PROVIDED, That such retention shall never exceed eighteen percent of fees collected.

              The remaining moneys shall be distributed for ORV recreation facilities by the interagency committee for outdoor recreation in accordance with RCW 46.09.170(((1)(d))) (2)(d)(ii)(A).

              Sec. 3. RCW 46.09.130 and 1994 c 264 s 35 are each amended to read as follows:

              No person may operate a nonhighway vehicle in such a way as to endanger human life. No person shall operate a nonhighway vehicle in such a way as to run down or harass any wildlife or animal, nor carry, transport, or convey any loaded weapon in or upon, nor hunt from, any nonhighway vehicle except by permit issued by the director of fish and wildlife under RCW 77.32.237: PROVIDED, That it shall not be unlawful to carry, transport, or convey a loaded pistol in or upon a nonhighway vehicle if the person complies with the terms and conditions of chapter 9.41 RCW.

              For the purposes of this section, "hunt" means any effort to kill, injure, capture, or purposely disturb a wild animal or bird.

              Violation of this section is a gross misdemeanor.

              Sec. 4. RCW 46.09.130 and 2003 c 53 s 233 are each amended to read as follows:

              (1) No person may operate a nonhighway vehicle in such a way as to endanger human life.

              (2) No person shall operate a nonhighway vehicle in such a way as to run down or harass any wildlife or animal, nor carry, transport, or convey any loaded weapon in or upon, nor hunt from, any nonhighway vehicle except by permit issued by the director of fish and wildlife under RCW 77.32.237: PROVIDED, That it shall not be unlawful to carry, transport, or convey a loaded pistol in or upon a nonhighway vehicle if the person complies with the terms and conditions of chapter 9.41 RCW.

              (3) For the purposes of this section, "hunt" means any effort to kill, injure, capture, or purposely disturb a wild animal or bird.

              (4) Violation of this section is a gross misdemeanor.

              Sec. 5. RCW 46.09.170 and 2003 1st sp.s. c 26 s 920, 2003 1st sp.s. c 25 s 922, and 2003 c 361 s 407 are each reenacted and amended to read as follows:

              (1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on a tax rate of: (a) Nineteen cents per gallon of motor vehicle fuel from July 1, 2003, through June 30, 2005; (b) twenty cents per gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007; (c) twenty-one cents per gallon of motor vehicle fuel from July 1, 2007, through June 30, 2009; (d) twenty-two cents per gallon of motor vehicle fuel from July 1, 2009, through June 30, 2011; and (e) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011, and thereafter, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090.

              (2) The treasurer shall place these funds in the general fund as follows:

              (((i) Forty)) (a) Thirty-six percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities, and information programs and maintenance of nonhighway roads((, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:

              (A) Not more than five percent may be expended for information programs under this chapter;

              (B) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;

              (C) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;

              (D) Not more than fifty percent may be expended for nonhighway road recreation facilities;

              (E) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (e)(iv)(A) of this subsection));

              (((ii))) (b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway ((roads and)) road recreation facilities and the maintenance of nonhighway roads;

              (((iii))) (c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the acquisition, planning, development, maintenance, and management of ORV ((use areas and)), nonmotorized, and nonhighway road recreation facilities; and

              (((iv) Fifty-four)) (d) Fifty-eight and one-half percent((, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110,)) shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities ((and nonhighway road recreation facilities; ORV user)), and for education ((and)), information((;)), and ((ORV)) law enforcement programs. During the fiscal year ending June 30, 2004, a portion of these funds may be appropriated to the department of natural resources to maintain and operate existing ORV and other recreation facilities, including ORV campgrounds, for the state parks and recreation commission to construct and upgrade trails and trail-related facilities for both motorized and nonmotorized uses, and for other activities identified in this section. The funds under this subsection shall be expended in accordance with the following limitations, except that during the fiscal year ending June 30, 2004, funds appropriated to the committee from motor vehicle fuel tax revenues for the activities in (((e)(iv)(B) and (C))) (d)(ii) of this subsection shall be reduced by the amounts appropriated to the department of natural resources and the state parks and recreation commission as provided in this subsection:

              (((A))) (i) Not more than ((twenty)) thirty percent may be expended for ((ORV)) education, information, and law enforcement programs under this chapter;

              (((B) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;

              (C) Not more than twenty percent may be expended for nonhighway road recreation facilities)) (ii) Not less than seventy percent may be expended for ORV, nonmotorized, and nonhighway road recreation facilities. Except as provided in (d)(iii) of this subsection, of this amount:

              (A) Not less than thirty percent, together with the funds the committee receives under RCW 46.09.110, may be expended for ORV recreation facilities;

              (B) Not less than thirty percent may be expended for nonmotorized recreation facilities. Funds expended under this subsection (2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation facilities funds; and

              (C) Not less than thirty percent may be expended for nonhighway road recreation facilities;

              (iii) The committee may waive the minimum percentage cited in (d)(ii) of this subsection due to insufficient requests for funds or projects that score low in the committee's project evaluation. Funds remaining after such a waiver must be allocated in accordance with committee policy.

              (((2))) (3) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.

              (((3))) (4) During the 2003-05 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the ((ORV)) NOVA account to the interagency committee for outdoor recreation, the department of natural resources, the department of fish and wildlife, and the state parks and recreation commission. This appropriation is not required to follow the specific distribution specified in subsection (((1))) (2) of this section.

              Sec. 6. RCW 46.09.170 and 2003 1st sp.s. c 25 s 922 and 2003 c 361 s 407 are each reenacted and amended to read as follows:

              (1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on a tax rate of: (a) Nineteen cents per gallon of motor vehicle fuel from July 1, 2003, through June 30, 2005; (b) twenty cents per gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007; (c) twenty-one cents per gallon of motor vehicle fuel from July 1, 2007, through June 30, 2009; (d) twenty-two cents per gallon of motor vehicle fuel from July 1, 2009, through June 30, 2011; and (e) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011, and thereafter, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090.

              (2) The treasurer shall place these funds in the general fund as follows:

              (((i) Forty)) (a) Thirty-six percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities, and information programs and maintenance of nonhighway roads((, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:

              (A) Not more than five percent may be expended for information programs under this chapter;

              (B) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;

              (C) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;

              (D) Not more than fifty percent may be expended for nonhighway road recreation facilities;

              (E) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (e)(iv)(A) of this subsection));

              (((ii))) (b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway ((roads and)) road recreation facilities and the maintenance of nonhighway roads;

              (((iii))) (c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the acquisition, planning, development, maintenance, and management of ORV ((use areas and)), nonmotorized, and nonhighway road recreation facilities; and

              (((iv) Fifty-four)) (d) Fifty-eight and one-half percent((, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110,)) shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities ((and nonhighway road recreation facilities; ORV user)) and for education ((and)), information((;)), and ((ORV)) law enforcement programs. The funds under this subsection shall be expended in accordance with the following limitations:

              (((A))) (i) Not more than ((twenty)) thirty percent may be expended for ((ORV)) education, information, and law enforcement programs under this chapter;

              (((B) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;

              (C) Not more than twenty percent may be expended for nonhighway road recreation facilities)) (ii) Not less than seventy percent may be expended for ORV, nonmotorized, and nonhighway road recreation facilities. Except as provided in (d)(iii) of this subsection, of this amount:

              (A) Not less than thirty percent, together with the funds the committee receives under RCW 46.09.110, may be expended for ORV recreation facilities;

              (B) Not less than thirty percent may be expended for nonmotorized recreation facilities. Funds expended under this subsection (2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation facilities funds; and

              (C) Not less than thirty percent may be expended for nonhighway road recreation facilities;

              (iii) The committee may waive the minimum percentage cited in (d)(ii) of this subsection due to insufficient requests for funds or projects that score low in the committee's project evaluation. Funds remaining after such a waiver must be allocated in accordance with committee policy.

              (((2))) (3) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.

              (((3))) (4) During the 2003-05 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the ((ORV)) NOVA account to the interagency committee for outdoor recreation, the department of natural resources, the department of fish and wildlife, and the state parks and recreation commission. This appropriation is not required to follow the specific distribution specified in subsection (((1))) (2) of this section.

              Sec. 7. RCW 46.09.240 and 1998 c 144 s 1 are each amended to read as follows:

              (1) After deducting administrative expenses and the expense of any programs conducted under this chapter, the interagency committee for outdoor recreation shall, at least once each year, distribute the funds it receives under RCW 46.09.110 and 46.09.170 to state agencies, counties, municipalities, federal agencies, nonprofit ORV organizations, and Indian tribes. Funds distributed under this section to nonprofit ORV organizations may be spent only on projects or activities that benefit ORV recreation on lands once publicly owned that come into private ownership in a federally approved land exchange completed between January 1, 1998, and January 1, 2005.

              (2) The committee shall adopt rules governing applications for funds administered by the agency under this chapter and shall determine the amount of money distributed to each applicant. Agencies receiving funds under this chapter for capital purposes shall consider the possibility of contracting with the state parks and recreation commission, the department of natural resources, or other federal, state, and local agencies to employ the youth development and conservation corps or other youth crews in completing the project.

              (((2) The interagency committee shall require each applicant for land acquisition or development funds under this section to conduct, before submitting the application, a public hearing in the nearest town of five hundred population or more, and publish notice of such hearing on the same day of each week for two consecutive weeks as follows:

              (a) In the newspaper of general circulation published nearest the proposed project;

              (b) In the newspaper having the largest circulation in the county or counties where the proposed project is located; and

              (c) If the proposed project is located in a county with a population of less than forty thousand, the notice shall also be published in the newspaper having the largest circulation published in the nearest county that has a population of forty thousand or more.

              (3) The notice shall state that the purpose of the hearing is to solicit comments regarding an application being prepared for submission to the interagency committee for outdoor recreation for acquisition or development funds under the off-road and nonhighway vehicle program. The applicant shall file notice of the hearing with the department of ecology at the main office in Olympia and shall comply with the State Environmental Policy Act, chapter 43.21C RCW. A written record and a magnetic tape recording of the hearing shall be included in the application.))

              (3) The interagency committee for outdoor recreation shall require each applicant for acquisition or development funds under this section to comply with the requirements of either the state environmental policy act, chapter 43.21C RCW, or the national environmental policy act (42 U.S.C. Sec. 4321 et seq.).

              Sec. 8. RCW 46.09.280 and 2003 c 185 s 1 are each amended to read as follows:

              (1) The interagency committee for outdoor recreation shall establish the nonhighway and off-road vehicle activities advisory committee to provide advice regarding the administration of this chapter. The ((nonhighway and off-road vehicle advisory)) committee consists of governmental representatives, land managers, and a proportional representation of persons with recreational experience in areas identified in the most recent fuel use study, including but not limited to people with ((off-road vehicle)) ORV, hiking, equestrian, mountain biking, hunting, fishing, and wildlife viewing experience.

              ((Only representatives of organized ORV groups may be voting members of the committee with respect to)) (2) After the advisory committee has made recommendations regarding the expenditure of the fuel tax revenue portion of the nonhighway and off-road vehicle account moneys, the advisory committee's ORV and mountain biking recreationists, governmental representatives, and land managers will make recommendations regarding the expenditure of funds received under RCW 46.09.110.

              (3) At least once a year, the interagency committee for outdoor recreation, the department of natural resources, the department of fish and wildlife, and the state parks and recreation commission shall report to the nonhighway and off-road vehicle activities advisory committee on the expenditures of funds received under RCW 46.09.110 and 46.09.170 and must proactively seek the advisory committee's advice regarding proposed expenditures.

              (4) The advisory committee shall advise these agencies regarding the allocation of funds received under RCW 46.09.170 to ensure that overall expenditures reflect consideration of the results of the most recent fuel use study.

              Sec. 9. RCW 46.09.050 and 1986 c 206 s 3 are each amended to read as follows:

              ORV use permits and ORV tags shall be required under the provisions of this chapter except for the following:

              (1) Off-road vehicles owned and operated by the United States, another state, or a political subdivision thereof.

              (2) Off-road vehicles owned and operated by this state, or by any municipality or political subdivision thereof.

              (3) ((An off-road vehicle operating in an organized competitive event on privately owned or leased land: PROVIDED, That if such leased land is owned by the state of Washington this exemption shall not apply unless the state agency exercising jurisdiction over the land in question specifically authorizes said competitive event: PROVIDED FURTHER, That such exemption shall be strictly construed.

              (4))) Off-road vehicles operated on agricultural lands owned or leased by the ORV owner or operator ((or on lands which the operator has permission to operate without an ORV use permit)).

              (((5))) (4) Off-road vehicles owned by a resident of another state that have a valid ORV permit or vehicle license issued in accordance with the laws of the other state. This exemption shall apply only to the extent that a similar exemption or privilege is granted under the laws of that state.

              (((6))) (5) Off-road vehicles while being used for search and rescue purposes under the authority or direction of an appropriate search and rescue or law enforcement agency.

              (((7) Vehicles used primarily for construction or inspection purposes during the course of a commercial operation.

              (8))) (6) Vehicles which are licensed pursuant to chapter 46.16 RCW or in the case of nonresidents, vehicles which are validly licensed for operation over public highways in the jurisdiction of the owner's residence.

              NEW SECTION. Sec. 10. A new section is added to chapter 46.09 RCW to read as follows:

              Except as provided in RCW 46.09.050, it is unlawful for any dealer to sell at retail an off-road vehicle without an ORV use permit required in RCW 46.09.040.

              NEW SECTION. Sec. 11. (1) Section 3 of this act expires July 1, 2004.

              (2) Section 4 of this act takes effect July 1, 2004.

              (3) Section 5 of this act expires June 30, 2005.

              (4) Section 6 of this act takes effect June 30, 2005."

              On page 1, beginning on line 1 of the title, after "vehicles;" strike the remainder of the title and insert "amending RCW 46.09.020, 46.09.110, 46.09.130, 46.09.130, 46.09.240, 46.09.280, and 46.09.050; reenacting and amending RCW 46.09.170 and 46.09.170; adding a new section to chapter 46.09 RCW; providing effective dates; and providing expiration dates."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to SUBSTITUTE HOUSE BILL NO. 2489 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives Cooper and Condotta spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 2489, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 2489, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 77, Nays - 16, Absent - 0, Excused - 5.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Blake, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Dickerson, Dunshee, Eickmeyer, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 77.

             Voting nay: Representatives Benson, Boldt, DeBolt, Delvin, Ericksen, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Nixon, Orcutt, Pearson and Roach - 16.

             Excused: Representatives Campbell, Edwards, Flannigan, Kenney and Sullivan - 5.

             SUBSTITUTE HOUSE BILL NO. 2489, as amended by the Senate, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

             I intended to vote NAY on SUBSTITUTE HOUSE BILL NO. 2489.

JOHN AHERN, 6^th District

SENATE AMENDMENTS TO HOUSE BILL

March 4, 2004

Mr. Speaker:

             The Senate has passed HOUSE BILL NO. 2519, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. A new section is added to chapter 84.52 RCW to read as follows:

              (1) A county with a population of ninety thousand or less may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the county in accordance with the terms of this section.

              (2) The tax proposition may be submitted at a general or special election.

              (3) The tax may be imposed each year for six consecutive years when specifically authorized by the registered voters voting on the proposition, subject to the following:

              (a) If the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in the taxing district at the last general election, the number of persons voting "yes" on the proposition shall constitute at least three-fifths of a number equal to forty percent of the total number of voters voting in the taxing district at the last general election.

              (b) If the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in the taxing district at the last preceding general election, the number of persons voting "yes" on the proposition shall be at least three-fifths of the registered voters voting on the proposition.

              (4) Ballot propositions shall conform with RCW 29A.36.210.

              (5) Any tax imposed under this section shall be used exclusively for criminal justice purposes.

              (6) The limitations in RCW 84.52.043 do not apply to the tax authorized in this section.

              (7) The limitation in RCW 84.55.010 does not apply to the first tax levy imposed pursuant to this section following the approval of the levy by the voters pursuant to subsection (3) of this section.

              Sec. 2. RCW 29A.36.210 and 2003 c 111 s 921 are each amended to read as follows:

              (1) The ballot proposition authorizing a taxing district to impose the regular property tax levies authorized in RCW 36.69.145, 67.38.130, ((or)) 84.52.069, or section 1 of this act shall contain in substance the following:

              "Shall the . . . . . . (insert the name of the taxing district) be authorized to impose regular property tax levies of . . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation for each of . . . . . . (insert the maximum number of years allowable) consecutive years?

              Yes . . . . . . . . . . . .□

              No . . . . . . . . . . . .□"

              Each voter shall indicate either "Yes" or "No" on his or her ballot in accordance with the procedures established under this title.

              (2) The ballot proposition authorizing a taxing district to impose a permanent regular tax levy under RCW 84.52.069 shall contain the following:

              "Shall the . . . . . (insert the name of the taxing district) be authorized to impose a PERMANENT regular property levy of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?

              Yes . . . . . . . . . . . .□

              No  . . . . . . . . . . . .□"

              Sec. 3. RCW 84.52.010 and 2003 c 83 s 310 are each amended to read as follows:

              Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

              The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

              When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

              (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under section 1 of this act, RCW 36.54.130, 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows:

              (a) The levy imposed by a county under section 1 of this act must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;

              (b) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a ferry district under RCW 36.54.130 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;

              (((b))) (c) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated;

              (((c))) (d) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and

              (((d))) (e) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

              (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

              (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, 35.95A.100, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

              (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

              (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

              (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created on or after January 1, 2002, shall be reduced on a pro rata basis or eliminated;

              (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

              (f) Sixth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts created before January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

              ((In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.))

              Sec. 4. RCW 84.52.043 and 2003 c 83 s 311 are each amended to read as follows:

              Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:

              (1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

              (2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105; (f) the portions of levies by metropolitan park districts that are protected under RCW 84.52.120; ((and)) (g) levies imposed by ferry districts under RCW 36.54.130; and (h) levies for criminal justice purposes under section 1 of this act.

              NEW SECTION. Sec. 5. This act takes effect July 1, 2004."

              On page 1, line 2 of the title, after "purposes;" strike the remainder of the title and insert "amending RCW 29A.36.210, 84.52.010, and 84.52.043; adding a new section to chapter 84.52 RCW; and providing an effective date."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to HOUSE BILL NO. 2519 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representative Hatfield spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 2519, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 2519, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 87, Nays - 6, Absent - 0, Excused - 5.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 87.

             Voting nay: Representatives Boldt, Hinkle, McMahan, Mielke, Orcutt and Roach - 6.

             Excused: Representatives Campbell, Edwards, Flannigan, Kenney and Sullivan - 5.

             HOUSE BILL NO. 2519, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 2, 2004

Mr. Speaker:

             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2650, with the following amendments:

              On page 3, line 30, after "require" strike "nor preclude" and insert "or create"

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2650 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

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

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2650, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2650, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

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

             Excused: Representatives Campbell, Edwards, Flannigan, Kenney and Sullivan - 5.

             ENGROSSED SUBSTITUTE HOUSE BILL NO. 2650, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 4, 2004

Mr. Speaker:

             The Senate has passed HOUSE BILL NO. 2727, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 48.19.035 and 2002 c 360 s 2 are each amended to read as follows:

              (1) For the purposes of this section:

              (a) "Affiliate" has the same meaning as defined in RCW 48.31B.005(1).

              (b) "Consumer" means an individual policyholder or applicant for insurance.

              (((b))) (c) "Credit history" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of serving as a factor in determining personal insurance premiums or eligibility for coverage.

              (((c))) (d) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit history.

              (((d))) (e) "Personal insurance" means:

              (i) Private passenger automobile coverage;

              (ii) Homeowner's coverage, including mobile homeowners, manufactured homeowners, condominium owners, and renter's coverage;

              (iii) Dwelling property coverage;

              (iv) Earthquake coverage for a residence or personal property;

              (v) Personal liability and theft coverage;

              (vi) Personal inland marine coverage; and

              (vii) Mechanical breakdown coverage for personal auto or home appliances.

              (2)(a) Credit history shall not be used to determine personal insurance rates, premiums, or eligibility for coverage unless the insurance scoring models are filed with the commissioner. Insurance scoring models include all attributes and factors used in the calculation of an insurance score. RCW 48.19.040(5) does not apply to any information filed under this subsection, and the information shall be withheld from public inspection and kept confidential by the commissioner. All information filed under this subsection shall be considered trade secrets under RCW 48.02.120(3). Information filed under this subsection may be made public by the commissioner for the sole purpose of enforcement actions taken by the commissioner.

              (b) Each insurer that uses credit history or an insurance score to determine personal insurance rates, premiums, or eligibility for coverage must file all rates and rating plans for that line of coverage with the commissioner. This requirement applies equally to a single insurer and two or more affiliated insurers. RCW 48.19.040(5) applies to information filed under this subsection except that any eligibility rules or guidelines shall be withheld from public inspection under RCW 48.02.120(3) from the date that the information is filed and after it becomes effective.

              (3) Insurers shall not use the following types of credit history to calculate a personal insurance score or determine personal insurance premiums or rates:

              (a) The absence of credit history or the inability to determine the consumer's credit history, unless the insurer has filed actuarial data segmented by demographic factors in a manner prescribed by the commissioner that demonstrates compliance with RCW 48.19.020;

              (b) The number of credit inquiries;

              (c) Credit history or an insurance score based on collection accounts identified with a medical industry code;

              (d) The initial purchase or finance of a vehicle or house that adds a new loan to the consumer's existing credit history, if evident from the consumer report; however, an insurer may consider the bill payment history of any loan, the total number of loans, or both;

              (e) The consumer's use of a particular type of credit card, charge card, or debit card; or

              (f) The consumer's total available line of credit; however, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.

              (4) If a consumer is charged higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As rerated, the consumer shall be charged the same premiums they would have been charged if accurate credit history was used to calculate an insurance score. This subsection applies only if the consumer resolves the dispute under the process set forth in the fair credit reporting act and notifies the insurer in writing that the dispute has been resolved.

              (5) The commissioner may adopt rules to implement this section.

              (6) This section applies to all personal insurance policies issued or renewed on or after June 30, 2003."

              On page 1, line 2 of the title, after "plans;" strike the remainder of the title and insert "and amending RCW 48.19.035."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to HOUSE BILL NO. 2727 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives D. Simpson and Benson spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 2727, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 2727, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

             Excused: Representatives Campbell, Edwards, Flannigan and Sullivan - 4.

             HOUSE BILL NO. 2727, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 4, 2004

Mr. Speaker:

             The Senate has passed HOUSE BILL NO. 2765, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. (1) The legislature finds that children who are deaf or hard of hearing and their families have unique needs specific to the hearing loss. These unique needs reflect the challenges children with hearing loss and their families encounter related to their lack of full access to auditory communication.

              (2) The legislature further finds that early detection of hearing loss in a child and early intervention and treatment have been demonstrated to be highly effective in facilitating a child's healthy development in a manner consistent with the child's age and cognitive ability.

              (3) These combined factors support the need for early intervention services providers with specialized training and expertise, spanning the spectrum of available approaches and educational options, who can address the unique characteristics and needs of each child who is deaf or hard of hearing and that child's family.

              NEW SECTION. Sec. 2. (1) There is established an advisory council in the department of social and health services for the purpose of advancing the development of a comprehensive and effective statewide system to provide prompt and effective early interventions for children in the state who are deaf or hard of hearing and their families.

              (2) Members of the advisory council shall have training, experience, or interest in hearing loss in children. Membership shall include, but not be limited to, the following: Pediatricians; audiologists; teachers of the deaf and hard of hearing; parents of children who are deaf or hard of hearing; a representative from the Washington state school for the deaf; and representatives of the infant toddler early intervention program in the department of social and health services, the department of health, and the office of the superintendent of public instruction.

              NEW SECTION. Sec. 3. (1) The advisory council shall develop statewide standards for early intervention services and early intervention services providers specifically related to children who are deaf or hard of hearing.

              (2) The advisory council shall develop these standards by January 1, 2005.

              NEW SECTION. Sec. 4. (1) The advisory council shall create a pamphlet to be provided to the parents of a child in the state who is diagnosed with hearing loss by their child's pediatrician or audiologist, as appropriate, upon diagnosis of hearing loss. The pamphlet shall contain, at minimum, information on the following: The variety of interventions and treatments available for children who are deaf or hard of hearing; and resources for parent support, counseling, financing, and education related to hearing loss in children.

              (2) The pamphlet shall be available for distribution by July 1, 2005.

              NEW SECTION. Sec. 5. Sections 1 through 4 of this act constitute a new chapter in Title 70 RCW."

              On page 1, line 2 of the title, after "hearing;" strike the remainder of the title and insert "and adding a new chapter to Title 70 RCW."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to HOUSE BILL NO. 2765 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives Kagi and Boldt spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 2765, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 2765, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

             Excused: Representatives Campbell, Edwards, Flannigan and Sullivan - 4.

             HOUSE BILL NO. 2765, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 4, 2004

Mr. Speaker:

             The Senate has passed HOUSE BILL NO. 3045, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. By December 31, 2004, the board of natural resources shall exchange common school trust land, commonly known as the "Hat and Boots" parcel, adjoining the Duwamish training center branch of South Seattle Community College for land of equal value granted to the state for the support of charitable, educational, penal, and reformatory institutions. The state board for community and technical colleges shall pay one dollar per year to lease the exchanged property at the site commonly known as the "Hat and Boots" parcel once the exchange is completed by the board. Access to the training facilities established at the Duwamish training center branch of South Seattle Community College shall be afforded to apprenticeship programs without regard to union affiliation.

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

              On page 1, beginning on line 1 of the title, after "lands;" strike the remainder of the title and insert "creating a new section; and declaring an emergency."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to HOUSE BILL NO. 3045 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representative Dunshee spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 3045, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 3045, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Campbell, Edwards and Flannigan - 3.

             HOUSE BILL NO. 3045, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 4, 2004

Mr. Speaker:

             The Senate has passed SUBSTITUTE HOUSE BILL NO. 3081, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. A new section is added to chapter 74.13 RCW to read as follows:

              The legislature intends to establish a policy with the goal of ensuring that the health and well-being of both infants in foster care and the families providing for their care are protected.

              NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:

              (1) The department of health shall develop recommendations concerning evidence-based practices for testing for blood-borne pathogens of children under one year of age who have been placed in out-of-home care and shall identify the specific pathogens for which testing is recommended.

              (2) The department shall report to the appropriate committees of the legislature on the recommendations developed in accordance with subsection (1) of this section by January 1, 2005.

              NEW SECTION. Sec. 3. A new section is added to chapter 74.13 RCW to read as follows:

              (1) Upon any placement, the department of social and health services shall inform each out-of-home care provider if the child to be placed in that provider's care is infected with a blood-borne pathogen, and shall identify the specific blood-borne pathogen for which the child was tested if known by the department.

              (2) All out-of-home care providers licensed by the department shall receive training related to blood-borne pathogens, including prevention, transmission, infection control, treatment, testing, and confidentiality.

              (3) Any disclosure of information related to HIV must be in accordance with RCW 70.24.105.

              (4) The department of health shall identify by rule the term "blood-borne pathogen" as used in this section."

              On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "and adding new sections to chapter 74.13 RCW."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to SUBSTITUTE HOUSE BILL NO. 3081 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives Kagi and Boldt spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 3081, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 3081, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Campbell, Edwards and Flannigan - 3.

             SUBSTITUTE HOUSE BILL NO. 3081, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 5, 2004

Mr. Speaker:

             The Senate has passed SUBSTITUTE HOUSE BILL NO. 3083, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 26.44.060 and 1997 c 386 s 29 are each amended to read as follows:

              (1)(a) Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to this chapter or testifying as to alleged child abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such reporting or testifying under any law of this state or its political subdivisions.

              (b) A person convicted of a violation of subsection (4) of this section shall not be immune from liability under (a) of this subsection.

              (2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody.

              (3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW.

              (4) A person who, intentionally and in bad faith or maliciously, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021.

              (5) A person who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made pursuant to this chapter, shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply to a person who caused or allowed the child abuse or neglect to occur."

              On page 1, line 2 of the title, after "neglect;" strike the remainder of the title and insert "and amending RCW 26.44.060."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to SUBSTITUTE HOUSE BILL NO. 3083 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives Kagi and Boldt spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 3083, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 3083, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Campbell, Edwards and Flannigan - 3.

             SUBSTITUTE HOUSE BILL NO. 3083, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 8, 2004

Mr. Speaker:

             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 3116, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 82.04.324 and 1995 2nd sp.s. c 9 s 3 are each amended to read as follows:

              (1) ((As used in this section:

              (a) "Blood" includes human whole blood, plasma, blood derivatives, and related products.

              (b) "Bone" includes human bone, bone marrow, and related products.

              (c) "Tissue" includes human musculoskeletal tissue, musculoskeletal tissue derivatives, and related products.

              (d) "Blood, bone, or tissue bank" means an organization exempt from federal income tax under section 501(c)(3) of the federal internal revenue code, organized solely for the purpose of performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

              (e) "Medical supplies" means any item of tangible personal property, including any repair and replacement parts for such tangible personal property, used by a blood, tissue, or bone bank for the purpose of performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue. The term includes tangible personal property used to:

              (i) Provide preparatory treatment of blood, bone, or tissue;

              (ii) Control, guide, measure, tune, verify, align, regulate, test, or physically support blood, bone, or tissue; and

              (iii) Protect the health and safety of employees or others present during research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

              (f) "Chemical" means any catalyst, solvent, water, acid, oil, or other additive that physically or chemically interacts with blood, bone, or tissue.

              (g) "Materials" means any item of tangible personal property, including, but not limited to, bags, packs, collecting sets, filtering materials, testing reagents, antisera, and refrigerants used or consumed in performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

              (h) "Research" means basic and applied research that has as its objective the design, development, refinement, testing, marketing, or commercialization of a product, service, or process.

              (2))) This chapter does not apply to amounts received by a qualifying blood((, bone, or)) bank, a qualifying tissue ((banks)) bank, or a qualifying blood and tissue bank to the extent the amounts are exempt from federal income tax.

              (2) For the purposes of this section:

              (a) "Qualifying blood bank" means a blood bank that qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as existing on the effective date of this section, is registered pursuant to 21 C.F.R., part 607 as existing on the effective date of this section, and whose primary business purpose is the collection, preparation, and processing of blood. "Qualifying blood bank" does not include a comprehensive cancer center that is recognized as such by the national cancer institute.

              (b) "Qualifying tissue bank" means a tissue bank that qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as existing on the effective date of this section, is registered pursuant to 21 C.F.R., part 1271 as existing on the effective date of this section, and whose primary business purpose is the recovery, processing, storage, labeling, packaging, or distribution of human bone tissue, ligament tissue and similar musculoskeletal tissues, skin tissue, heart valve tissue, or human eye tissue. "Qualifying tissue bank" does not include a comprehensive cancer center that is recognized as such by the national cancer institute.

              (c) "Qualifying blood and tissue bank" is a bank that qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as existing on the effective date of this section, is registered pursuant to 21 C.F.R., part 607 and part 1271 as existing on the effective date of this section, and whose primary business purpose is the collection, preparation, and processing of blood, and the recovery, processing, storage, labeling, packaging, or distribution of human bone tissue, ligament tissue and similar musculoskeletal tissues, skin tissue, and heart valve tissue. "Qualifying blood and tissue bank" does not include a comprehensive cancer center that is recognized as such by the national cancer institute.

              Sec. 2. RCW 82.08.02805 and 1995 2nd sp.s. c 9 s 4 are each amended to read as follows:

              (1) The tax levied by RCW 82.08.020 does not apply to the sale of medical supplies, chemicals, or materials to a qualifying blood((, bone, or)) bank, a qualifying tissue bank, or a qualifying blood and tissue bank. ((The definitions in RCW 82.04.324 apply to this section.)) The exemption in this section does not apply to the sale of construction materials, office equipment, building equipment, administrative supplies, or vehicles.

              (2) For the purposes of this section, the following definitions apply:

              (a) "Medical supplies" means any item of tangible personal property, including any repair and replacement parts for such tangible personal property, used by a qualifying blood bank, a qualifying tissue bank, or a qualifying blood and tissue bank for the purpose of performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue. The term includes tangible personal property used to:

              (i) Provide preparatory treatment of blood, bone, or tissue;

              (ii) Control, guide, measure, tune, verify, align, regulate, test, or physically support blood, bone, or tissue; and

              (iii) Protect the health and safety of employees or others present during research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

              (b) "Chemical" means any catalyst, solvent, water, acid, oil, or other additive that physically or chemically interacts with blood, bone, or tissue.

              (c) "Materials" means any item of tangible personal property, including, but not limited to, bags, packs, collecting sets, filtering materials, testing reagents, antisera, and refrigerants used or consumed in performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

              (d) "Research" means basic and applied research that has as its objective the design, development, refinement, testing, marketing, or commercialization of a product, service, or process.

              (e) The definitions in RCW 82.04.324 apply to this section.

              Sec. 3. RCW 82.12.02747 and 1995 2nd sp.s. c 9 s 5 are each amended to read as follows:

              (1) The provisions of this chapter do not apply in respect to the use of medical supplies, chemicals, or materials by a qualifying blood((, bone, or)) bank, a qualifying tissue bank, or a qualifying blood and tissue bank. ((The definitions in RCW 82.04.324 apply to this section.)) The exemption in this section does not apply to the use of construction materials, office equipment, building equipment, administrative supplies, or vehicles.

              (2) The definitions in RCW 82.04.324 and 82.08.02805 apply to this section.

              Sec. 4. RCW 84.36.035 and 1995 2nd sp.s. c 9 s 1 are each amended to read as follows:

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

              All property, whether real or personal, belonging to or leased by any nonprofit corporation or association and used exclusively in the business of a qualifying blood((, bone, or)) bank, a qualifying tissue bank ((as defined in RCW 82.04.324)), or a qualifying blood and tissue bank, or in the administration of ((such business)) these businesses. If the real or personal property is leased, the benefit of the exemption shall inure to the nonprofit corporation or association.

              (2) The definitions in RCW 82.04.324 apply to this section."

              On page 1, line 2 of the title, after "centers;" strike the remainder of the title and insert "and amending RCW 82.04.324, 82.08.02805, 82.12.02747, and 84.36.035."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 3116 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives McIntire and Cairnes spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 3116, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3116, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Campbell, Edwards and Flannigan - 3.

             ENGROSSED SUBSTITUTE HOUSE BILL NO. 3116, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 3, 2004

Mr. Speaker:

             The Senate has passed SUBSTITUTE HOUSE BILL NO. 3141, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

              (1) "Applicant" has the meaning provided in RCW 80.50.020 and includes an applicant for a permit for a fossil-fueled thermal electric generation facility subject to RCW 70.94.152 and section 2(1) (b) or (d) of this act.

              (2) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.

              (3) "Carbon credit" means a verified reduction in carbon dioxide or carbon dioxide equivalents that is registered with a state, national, or international trading authority or exchange that has been recognized by the council.

              (4) "Carbon dioxide equivalents" means a metric measure used to compare the emissions from various greenhouse gases based upon their global warming potential.

              (5) "Cogeneration credit" means the carbon dioxide emissions that the council, department, or authority, as appropriate, estimates would be produced on an annual basis by a stand-alone industrial and commercial facility equivalent in operating characteristics and output to the industrial or commercial heating or cooling process component of the cogeneration plant.

              (6) "Cogeneration plant" means a fossil-fueled thermal power plant in which the heat or steam is also used for industrial or commercial heating or cooling purposes and that meets federal energy regulatory commission standards for qualifying facilities under the public utility regulatory policies act of 1978.

              (7) "Commercial operation" means the date that the first electricity produced by a facility is delivered for commercial sale to the power grid.

              (8) "Council" means the energy facility site evaluation council created by RCW 80.50.030.

              (9) "Department" means the department of ecology.

              (10) "Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material to produce heat for the generation of electricity.

              (11) "Mitigation plan" means a proposal that includes the process or means to achieve carbon dioxide mitigation through use of mitigation projects or carbon credits.

              (12) "Mitigation project" means one or more of the following:

              (a) Projects or actions that are implemented by the certificate holder or order of approval holder, directly or through its agent, or by an independent qualified organization to mitigate the emission of carbon dioxide produced by the fossil-fueled thermal electric generation facility. This term includes but is not limited to the use of, energy efficiency measures, clean and efficient transportation measures, qualified alternative energy resources, demand side management of electricity consumption, and carbon sequestration programs;

              (b) Direct application of combined heat and power (cogeneration);

              (c) Verified carbon credits traded on a recognized trading authority or exchange; or

              (d) Enforceable and permanent reductions in carbon dioxide or carbon dioxide equivalents through process change, equipment shutdown, or other activities under the control of the applicant and approved as part of a carbon dioxide mitigation plan.

              (13) "Order of approval" means an order issued under RCW 70.94.152 with respect to a fossil-fueled thermal electric generation facility subject to section 2(1) (b) or (d) of this act.

              (14) "Permanent" means that emission reductions used to offset emission increases are assured for the life of the corresponding increase, whether unlimited or limited in duration.

              (15) "Qualified alternative energy resource" has the same meaning as in RCW 19.29A.090.

              (16) "Station generating capability" means the maximum load a generator can sustain over a given period of time without exceeding design limits, and measured using maximum continuous electric generation capacity, less net auxiliary load, at average ambient temperature and barometric pressure.

              (17) "Total carbon dioxide emissions" means:

              (a) For a fossil-fueled thermal electric generation facility described under section 2(1) (a) and (b) of this act, the amount of carbon dioxide emitted over a thirty-year period based on the manufacturer's or designer's guaranteed total net station generating capability, new equipment heat rate, an assumed sixty percent capacity factor for facilities under the council's jurisdiction or sixty percent of the operational limitations on facilities subject to an order of approval, and taking into account any enforceable limitations on operational hours or fuel types and use; and

              (b) For a fossil-fueled thermal electric generation facility described under section 2(1) (c) and (d) of this act, the amount of carbon dioxide emitted over a thirty-year period based on the proposed increase in the amount of electrical output of the facility that exceeds the station generation capability of the facility prior to the applicant applying for certification or an order of approval pursuant to section 2(1) (c) and (d) of this act, new equipment heat rate, an assumed sixty percent capacity factor for facilities under the council's jurisdiction or sixty percent of the operational limitations on facilities subject to an order of approval, and taking into account any enforceable limitations on operational hours or fuel types and use.

              NEW SECTION. Sec. 2. (1) The provisions of this chapter apply to:

              (a) New fossil-fueled thermal electric generation facilities with station-generating capability of three hundred fifty thousand kilowatts or more and fossil-fueled floating thermal electric generation facilities of one hundred thousand kilowatts or more under RCW 80.50.020(14)(a), for which an application for site certification is made to the council after July 1, 2004;

              (b) New fossil-fueled thermal electric generation facilities with station-generating capability of more than twenty-five thousand kilowatts, but less than three hundred fifty thousand kilowatts, except for fossil-fueled floating thermal electric generation facilities under the council's jurisdiction, for which an application for an order of approval has been submitted after July 1, 2004;

              (c) Fossil-fueled thermal electric generation facilities with station-generating capability of three hundred fifty thousand kilowatts or more that have an existing site certification agreement and, after July 1, 2004, apply to the council to increase the output of carbon dioxide emissions by fifteen percent or more through permanent changes in facility operations or modification or equipment; and

              (d) Fossil-fueled thermal electric generation facilities with station-generating capability of more than twenty-five thousand kilowatts, but less than three hundred fifty thousand kilowatts, except for fossil-fueled floating thermal electric generation facilities under the council's jurisdiction, that have an existing order of approval and, after July 1, 2004, apply to the department or authority, as appropriate, to permanently modify the facility so as to increase its station-generating capability by at least twenty-five thousand kilowatts or to increase the output of carbon dioxide emissions by fifteen percent or more, whichever measure is greater.

              (2)(a) A proposed site certification agreement submitted to the governor under RCW 80.50.100 and a final site certification agreement issued under RCW 80.50.100 shall include an approved carbon dioxide mitigation plan.

              (b) For fossil-fueled thermal electric generation facilities not under jurisdiction of the council, the order of approval shall require an approved carbon dioxide mitigation plan.

              (c) Site certification agreement holders or order of approval holders may request, at any time, a change in conditions of an approved carbon dioxide mitigation plan if the council, department, or authority, as appropriate, finds that the change meets all requirements and conditions for approval of such plans.

              (3) An applicant for a fossil-fueled thermal electric generation facility shall include one or a combination of the following carbon dioxide mitigation options as part of its mitigation plan:

              (a) Payment to a third party to provide mitigation;

              (b) Direct purchase of permanent carbon credits; or

              (c) Investment in applicant-controlled carbon dioxide mitigation projects, including combined heat and power (cogeneration).

              (4) Fossil-fueled thermal electric generation facilities that receive site certification approval or an order of approval shall provide mitigation for twenty percent of the total carbon dioxide emissions produced by the facility.

              (5) If the certificate holder or order of approval holder chooses to pay a third party to provide the mitigation, the mitigation rate shall be one dollar and sixty cents per metric ton of carbon dioxide to be mitigated. For a cogeneration plant, the monetary amount is based on the difference between twenty percent of the total carbon dioxide emissions and the cogeneration credit.

              (a) Through rule making, the council may adjust the rate per ton biennially as long as any increase or decrease does not exceed fifty percent of the current rate. The department or authority shall use the adjusted rate established by the council pursuant to this subsection for fossil-fueled thermal electric generation facilities subject to the provisions of this chapter.

              (b) In adjusting the mitigation rate the council shall consider, but is not limited to, the current market price of a ton of carbon dioxide. The council's adjusted mitigation rate shall be consistent with RCW 80.50.010(3).

              (6) The applicant may choose to make to the third party a lump sum payment or partial payment over a period of five years.

              (a) Under the lump sum payment option, the payment amount is determined by multiplying the total carbon dioxide emissions by the twenty percent mitigation requirement under subsection (4) of this section and by the per ton mitigation rate established under subsection (5) of this section.

              (b) No later than one hundred twenty days after the start of commercial operation, the certificate holder or order of approval holder shall make a one-time payment to the independent qualified organization for the amount determined under subsection (5) of this section.

              (c) As an alternative to a one-time payment, the certificate holder or order of approval holder may make a partial payment of twenty percent of the amount determined under subsection (5) of this section no later than one hundred twenty days after commercial operation and a payment in the same amount or as adjusted according to subsection (5)(a) of this section, on the anniversary date of the initial payment in each of the following four years. With the initial payment, the certificate holder or order of approval holder shall provide a letter of credit or other comparable security acceptable to the council or the department for the remaining eighty percent mitigation payment amount including possible changes to the rate per metric ton from rule making under subsection (5)(a) of this section.

              NEW SECTION. Sec. 3. (1) Carbon dioxide mitigation plans relying on purchase of permanent carbon credits must meet the following criteria:

              (a) Credits must derive from real, verified, permanent, and enforceable carbon dioxide or carbon dioxide equivalents emission mitigation not otherwise required by statute, regulation, or other legal requirements;

              (b) The credits must be acquired after July 1, 2004; and

              (c) The credits may not have been used for other carbon dioxide mitigation projects.

              (2) Permanent carbon credits purchased for project mitigation shall not be resold unless approved by the council, department, or authority.

              NEW SECTION. Sec. 4. (1) The carbon dioxide mitigation option that provides for direct investment shall be implemented through mitigation projects conducted directly by, or under the control of, the certificate holder or order of approval holder.

              (2) Mitigation projects must be approved by the council, department, or authority, as appropriate, and made a condition of the proposed and final site certification agreement or order of approval. Direct investment mitigation projects shall be approved if the mitigation projects provide a reasonable certainty that the performance requirements of the mitigation projects will be achieved and the mitigation projects were implemented after July 1, 2004. No certificate holder or order of approval holder shall be required to make direct investments that would exceed the cost of making a lump sum payment to a third party, had the certificate holder or order of approval holder chosen that option under section 2 of this act.

              (3) Mitigation projects must be fully in place within a reasonable time after the start of commercial operation. Failure to implement an approved mitigation plan is subject to enforcement under chapter 80.50 or 70.94 RCW.

              (4) The certificate holder or order of approval holder may not use more than twenty percent of the total funds for the selection, monitoring, and evaluation of mitigation projects and the management and enforcement of contracts.

              (5)(a) For facilities under the jurisdiction of the council, the implementation of a carbon dioxide mitigation project, other than purchase of a carbon credit shall be monitored by an independent entity for conformance with the performance requirements of the carbon dioxide mitigation plan. The independent entity shall make available the mitigation project monitoring results to the council.

              (b) For facilities under the jurisdiction of the department or authority pursuant to section 2(1) (b) or (c) of this act, the implementation of a carbon dioxide mitigation project, other than a purchase of carbon dioxide equivalent emission reduction credits, shall be monitored by the department or authority issuing the order of approval.

              (6) Upon promulgation of federal requirements for carbon dioxide mitigation for fossil-fueled thermal electric generation facilities, those requirements may be deemed by the council, department, or authority to be equivalent and a replacement for the requirements of this section.

              NEW SECTION. Sec. 5. (1) The council shall maintain a list of independent qualified organizations with proven experience in emissions mitigation activities and a demonstrated ability to carry out their activities in an efficient, reliable, and cost-effective manner.

              (2) An independent qualified organization shall not use more than twenty percent of the total funds for selection, monitoring, and evaluation of mitigation projects and the management and enforcement of contracts. None of these funds shall be used to lobby federal, state, and local agencies, their elected officials, officers, or employees.

              (3) Before signing contracts to purchase offsets with funds from certificate holders or order of approval holders, an independent qualified organization must demonstrate to the council that the mitigation projects it proposes to use provides a reasonable certainty that the performance requirements of the carbon dioxide mitigation projects will be achieved.

              (4) The independent qualified organization shall permit the council to appoint up to three persons to inspect plans, operation, and compliance activities of the organization and to audit financial records and performance measures for carbon dioxide mitigation projects using carbon dioxide mitigation money paid by certificate holders or order of approval holders under this chapter.

              (5) An independent qualified organization must file biennial reports with the council, the department, or authority on the performance of carbon dioxide mitigation projects, including the amount of carbon dioxide reductions achieved and a statement of cost for the mitigation period.

              NEW SECTION. Sec. 6. Reasonable and necessary costs incurred by the council in implementing and administering this chapter shall be assessed against applicants and holders of site certification agreements that are subject to the requirements of this chapter.

              NEW SECTION. Sec. 7. The council, department, and authority shall adopt rules to carry out this chapter.

              NEW SECTION. Sec. 8. A new section is added to chapter 70.94 RCW to read as follows:

              (1) For fossil-fueled electric generation facilities having more than twenty-five thousand kilowatts station generating capability but less than three hundred fifty thousand kilowatts station generation capability, except for fossil-fueled floating thermal electric generation facilities under the jurisdiction of the energy facility site evaluation council pursuant to RCW 80.50.010, the department or authority shall implement a carbon dioxide mitigation program consistent with the requirements of chapter 80.-- RCW (sections 1 through 7 of this act).

              (2) For mitigation projects conducted directly by or under the control of the applicant, the department or local air authority shall approve or deny the mitigation plans, as part of its action to approve or deny an application submitted under RCW 70.94.152 based upon whether or not the mitigation plan is consistent with the requirements of chapter 80.-- RCW (sections 1 through 7 of this act).

     (3) The department or authority may determine, assess, and collect fees sufficient to cover the costs to review and approve or deny the carbon dioxide mitigation plan components of an order of approval issued under RCW 70.94.152. The department or authority may also collect fees sufficient to cover its additional costs to monitor conformance with the carbon dioxide mitigation plan components of the registration and air operating permit programs authorized in RCW 70.94.151 and 70.94.161. The department or authority shall track its costs related to review, approval, and monitoring conformance with carbon dioxide mitigation plans.

              NEW SECTION. Sec. 9. Sections 1 through 7 of this act constitute a new chapter in Title 80 RCW."

              On page 1, line 2 of the title, after "generation;" strike the remainder of the title and insert "adding a new section to chapter 70.94 RCW; and adding a new chapter to Title 80 RCW."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to SUBSTITUTE HOUSE BILL NO. 3141 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representatives Morris and Crouse spoke in favor the passage of the bill.

             Representative Delvin spoke against the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 3141, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 3141, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 69, Nays - 26, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Bailey, Benson, Blake, Boldt, Buck, Bush, Chase, Clibborn, Cody, Conway, Cooper, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 69.

             Voting nay: Representatives Ahern, Armstrong, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Schindler, Schoesler, Skinner, Sump and Talcott - 26.

             Excused: Representatives Campbell, Edwards and Flannigan - 3.

             SUBSTITUTE HOUSE BILL NO. 3141, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 3, 2004

Mr. Speaker:

             The Senate has passed HOUSE BILL NO. 3172, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 39.96.010 and 2000 c 184 s 1 are each amended to read as follows:

              The legislature finds and declares that the issuance by state and local governments of bonds and other obligations involves exposure to changes in interest rates; that a number of financial instruments are available to lower the net cost of these borrowings, or to reduce the exposure of state and local governments to changes in interest rates; that these reduced costs for state and local governments will benefit taxpayers and ratepayers; and that the legislature desires to provide state and local governments with express statutory authority to take advantage of these instruments. In recognition of the complexity of these financial instruments, the legislature desires that this authority be subject to certain limitations((, and be granted for a period of twelve years)).

              Sec. 2. RCW 39.96.020 and 2003 c 47 s 1 are each amended to read as follows:

              The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

              (1) "Financial advisor" means a financial services or financial advisory firm:

              (a) With recognized knowledge and experience in connection with the negotiation and execution of payment agreements;

              (b) That is acting solely as financial advisor to the governmental entity in connection with the execution of the payment agreement and the issuance or incurring of any related obligations, and not as a principal, placement agent, purchaser, underwriter, or other similar party, and that does not control, nor is it controlled by or under common control with, any such party;

              (c) That is compensated for its services in connection with the execution of payment agreements, either directly or indirectly, solely by the governmental entity; and

              (d) Whose compensation is not based on a percentage of the notional amount of the payment agreement or of the principal amount of any related obligations.

              (2) "Governmental entity" means state government or local government.

              (3) "Local government" means any city, county, city transportation authority, regional transit authority established under chapter 81.112 RCW, port district, public hospital district, or public utility district, or any joint operating agency formed under RCW 43.52.360, that has or will have outstanding obligations in an aggregate principal amount of at least one hundred million dollars as of the date a payment agreement is executed or is scheduled by its terms to commence or had at least one hundred million dollars in gross revenues during the preceding calendar year.

              (4) "Obligations" means bonds, notes, bond anticipation notes, commercial paper, or other obligations for borrowed money, or lease, installment purchase, or other similar financing agreements or certificates of participation in such agreements.

              (5) "Payment agreement" means a written agreement which provides for an exchange of payments based on interest rates, or for ceilings or floors on these payments, or an option on these payments, or any combination, entered into on either a current or forward basis.

              (6) "State government" means (a) the state of Washington, acting by and through its state finance committee, (b) the Washington health care facilities authority, (c) the Washington higher education facilities authority, (d) the Washington state housing finance commission, or (e) the state finance committee upon adoption of a resolution approving a payment agreement on behalf of any state institution of higher education as defined under RCW 28B.10.016: PROVIDED, That such approval shall not constitute the pledge of the full faith and credit of the state, but a pledge of only those funds specified in the approved agreement.

              NEW SECTION. Sec. 3. RCW 39.96.070 (Payment agreements not allowed after June 30, 2005--Exception) and 2000 c 184 s 3, 1998 c 245 s 35, 1995 c 192 s 2, & 1993 c 273 s 7 are each repealed."

              On page 1, line 1 of the title, after "agreements;" strike the remainder of the title and insert "amending RCW 39.96.010 and 39.96.020; and repealing RCW 39.96.070."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House concurred in the Senate amendments to HOUSE BILL NO. 3172 and advanced the bill, as amended by the Senate, to final passage.

FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED

             Representative Dunshee spoke in favor the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 3172, as amended by the Senate.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 3172, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

             Voting nay: Representative McMahan - 1.

             Excused: Representatives Campbell, Edwards and Flannigan - 3.

             HOUSE BILL NO. 3172, as amended by the Senate, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

             I intended to vote YEA on HOUSE BILL NO. 3172.

LOIS MCMAHAN, 26^th District

             There being no objection, the Rules Committee was relieved of HOUSE BILL NO. 2883, and the bill was placed on the second reading calendar.

MESSAGE FROM THE SENATE

March 9, 2004

Mr. Speaker:

             The President has signed:

SUBSTITUTE SENATE BILL NO. 5139,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5533,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5665,

SENATE BILL NO. 5869,

SUBSTITUTE SENATE BILL NO. 6105,

SUBSTITUTE SENATE BILL NO. 6118,

SUBSTITUTE SENATE BILL NO. 6160,

SUBSTITUTE SENATE BILL NO. 6171,

SECOND SUBSTITUTE SENATE BILL NO. 6220,

SUBSTITUTE SENATE BILL NO. 6245,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6274,

SUBSTITUTE SENATE BILL NO. 6286,

SECOND SUBSTITUTE SENATE BILL NO. 6304,

SUBSTITUTE SENATE BILL NO. 6329,

SENATE BILL NO. 6378,

SUBSTITUTE SENATE BILL NO. 6384,

SUBSTITUTE SENATE BILL NO. 6389,

SUBSTITUTE SENATE BILL NO. 6419,

SUBSTITUTE SENATE BILL NO. 6428,

SENATE BILL NO. 6480,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6481,

SUBSTITUTE SENATE BILL NO. 6641,

SUBSTITUTE SENATE BILL NO. 6649,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

SENATE AMENDMENTS TO HOUSE BILL

March 4, 2004

Mr. Speaker:

             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2381, with the following amendments:

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 28B.85.020 and 1996 c 305 s 1 are each amended to read as follows:

              (1) The board:

              (a) Shall adopt by rule minimum standards for degree-granting institutions concerning granting of degrees, quality of education, unfair business practices, financial stability, and other necessary measures to protect citizens of this state against substandard, fraudulent, or deceptive practices. The board shall adopt the rules in accordance with chapter 34.05 RCW;

              (b) May investigate any entity the board reasonably believes to be subject to the jurisdiction of this chapter. In connection with the investigation, the board may administer oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any books, papers, correspondence, memorandums, or other records which the board deems relevant or material to the investigation. The board, including its staff and any other authorized persons, may conduct site inspections, the cost of which shall be borne by the institution, and examine records of all institutions subject to this chapter;

              (c) Shall develop an interagency agreement with the work force training and education coordinating board to regulate degree-granting private vocational schools with respect to degree and nondegree programs; and

              (d) Shall develop and disseminate information to the public about entities that sell or award degrees without requiring appropriate academic achievement at the postsecondary level, including but not limited to, a description of the substandard and potentially fraudulent practices of these entities, and advice about how the public can recognize and avoid the entities. To the extent feasible, the information shall include links to additional resources that may assist the public in identifying specific institutions offering substandard or fraudulent degree programs.

              (2) Financial disclosures provided to the board by degree-granting private vocational schools are not subject to public disclosure under chapter 42.17 RCW.

              Sec. 2. RCW 28B.85.040 and 1996 c 97 s 1 are each amended to read as follows:

              (1) An institution or person shall not advertise, offer, sell, or award a degree or any other type of educational credential unless the student has enrolled in and successfully completed a prescribed program of study, as outlined in the institution's publications. This prohibition shall not apply to honorary credentials clearly designated as such on the front side of the diploma or certificate and awarded by institutions offering other educational credentials in compliance with state law.

              (2) No exemption granted under this chapter is permanent. The board shall periodically review exempted degree-granting institutions, and continue exemptions only if an institution meets the statutory requirements for exemption in effect on the date of the review.

              (3) Except as provided in subsection (1) of this section, this chapter shall not apply to:

              (a) Any public college, university, community college, technical college, or institute operating as part of the public higher educational system of this state;

              (b) Institutions that have been accredited by an accrediting association recognized by the agency for the purposes of this chapter: PROVIDED, That those institutions meet minimum exemption standards adopted by the agency; and PROVIDED FURTHER, That an institution, branch, extension, or facility operating within the state of Washington which is affiliated with an institution operating in another state must be a separately accredited member institution of any such accrediting association to qualify for this exemption;

              (c) Institutions of a religious character, but only as to those education programs devoted exclusively to religious or theological objectives if the programs are represented in an accurate manner in institutional catalogs and other official publications; ((or))

               (d) Honorary credentials clearly designated as such on the front side of the diploma or certificate awarded by institutions offering other educational credentials in compliance with state law; or

              (e) Institutions not otherwise exempt which offer only workshops or seminars ((lasting no longer than three calendar days and for which academic credit is not awarded)) and institutions offering only credit-bearing workshops or seminars lasting no longer than three calendar days.

              Sec. 3. RCW 28B.119.010 and 2003 c 233 s 5 are each amended to read as follows:

              The higher education coordinating board shall design the Washington promise scholarship program based on the following parameters:

              (1) Scholarships shall be awarded to students graduating from public and approved private high schools under chapter 28A.195 RCW, students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons twenty-one years of age or younger receiving a GED certificate, who meet both an academic and a financial eligibility criteria.

              (a) Academic eligibility criteria shall be defined as follows:

              (i) Beginning with the graduating class of 2002, students graduating from public and approved private high schools under chapter 28A.195 RCW must be in the top fifteen percent of their graduating class, as identified by each respective high school at the completion of the first term of the student's senior year; or

              (ii) Students graduating from public high schools, approved private high schools under chapter 28A.195 RCW, students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons twenty-one years of age or younger receiving a GED certificate, must equal or exceed a cumulative scholastic assessment test I score of twelve hundred on their first attempt or must equal or exceed a composite American college test score of twenty-seven on their first attempt.

              (b) To meet the financial eligibility criteria, a student's family income shall not exceed one hundred thirty-five percent of the state median family income adjusted for family size, as determined by the higher education coordinating board for each graduating class. Students not meeting the eligibility requirements for the first year of scholarship benefits may reapply for the second year of benefits, but must still meet the income standard set by the board for the student's graduating class.

              (2) Promise scholarships are not intended to supplant any grant, scholarship, or tax program related to postsecondary education. If the board finds that promise scholarships supplant or reduce any grant, scholarship, or tax program for categories of students, then the board shall adjust the financial eligibility criteria or the amount of scholarship to the level necessary to avoid supplanting.

              (3) Within available funds, each qualifying student shall receive two consecutive annual awards, the value of each not to exceed the full-time annual resident tuition rates charged by Washington's community colleges. The higher education coordinating board shall award scholarships to as many students as possible from among those qualifying under this section.

              (4) By October 15th of each year, the board shall determine the award amount of the scholarships, after taking into consideration the availability of funds.

              (5) The scholarships may only be used for undergraduate coursework at accredited institutions of higher education in the state of Washington.

              (6) The scholarships may be used for undergraduate coursework at Oregon institutions of higher education that are part of the border county higher education opportunity project in RCW 28B.80.806 when those institutions offer programs not available at accredited institutions of higher education in Washington state.

              (7) The board at its discretion may allow the scholarship to be used for undergraduate education at Oregon and Idaho institutions, located in counties adjacent to the Washington border, in order to accommodate otherwise eligible students with special needs due to documented disabilities. The board may establish rules regarding acceptable documentation of disabilities and the special needs.

              (8) The scholarships may be used for college-related expenses, including but not limited to, tuition, room and board, books, and materials.

              (((8))) (9) The scholarships may not be awarded to any student who is pursuing a degree in theology.

              (((9))) (10) The higher education coordinating board may establish satisfactory progress standards for the continued receipt of the promise scholarship.

              (((10))) (11) The higher education coordinating board shall establish the time frame within which the student must use the scholarship."

              On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "and amending RCW 28B.85.020, 28B.85.040, and 28B.119.010."

and the same is herewith transmitted.

Milt H. Doumit, Secretary

             There being no objection, the House refused to concur in the Senate amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2381 and asked the Senate to recede therefrom.

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

SECOND READING

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6415, By Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Morton, Doumit, Hewitt, Hargrove, Honeyford, T. Sheldon, Hale, Murray and Stevens)

             Concerning the conditioning of industrial and construction storm water general discharge permits.

             The bill was read the second time.

             Representative Linville moved the adoption of amendment (1180):

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. (1) The legislature finds that the federal permit program under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and the state water pollution control laws provide numerous environmental and public health benefits to the citizens of Washington and to the state. The legislature also finds that failure to prevent and control pollution discharges, including those associated with storm water runoff, can degrade water quality and damage the environment, public health, and industries dependent on clean water such as shellfish production.

              (2) The legislature finds the nature of storm water presents unique challenges and difficulties in meeting the permitting requirements under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., including compliance with technology and water quality-based standards.

              (3) The legislature finds that the federal clean water act, 33 U.S.C. Sec. 1251 et seq., requires certain larger construction sites and industrial facilities to obtain storm water permits under the national pollutant discharge elimination system permit program. The legislature also finds that under phase two of this program, smaller construction sites are also required to obtain storm water permits for their discharges.

              (4) The legislature finds the department of ecology has been using general permits to permit categories of similar dischargers, including storm water associated with industrial and construction activities. The legislature also finds general permits must comply with all applicable requirements of the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and the state water pollution control act including technology and water quality-based permitting requirements. The legislature further finds general permits may not always be the best solution for an individual discharger, especially when establishing water quality-based permitting requirements.

              (5) The legislature finds that where sources within a specific category or subcategory of dischargers are subject to water quality-based limits imposed under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., the sources in that specific category or subcategory must be subject to the same water quality-based limits.

              (6) For this reason, the legislature encourages, to the extent allowed under existing state and federal law, an adaptive management approach to permitting storm water discharges.

              (7) The legislature finds that storm water management must satisfy state and federal water quality requirements while also providing for flexibility in meeting such requirement to help ensure cost-effective storm water management.

              (8) The legislature finds that the permitting of new and existing dischargers into waters listed under 33 U.S.C. Sec. 1313(d) (section 303(d) of the federal clean water act) presents specific challenges and is subject to additional permitting restrictions under the federal clean water act, 33 U.S.C. Sec. 1251 et seq.

              (9) The legislature declares that general permits can be an effective and efficient permitting mechanism for permitting large numbers of similar dischargers.

              (10) The legislature declares that an inspection and technical assistance program for industrial and construction storm water general permits is needed to ensure an effective permitting program. The legislature also declares that such a program should be fully funded to ensure its success.

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

              The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and this chapter.

              (1) Effluent limitations shall be included in construction and industrial storm water general permits as required under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and its implementing regulations. In accordance with federal clean water act requirements, pollutant specific, water quality-based effluent limitations shall be included in construction and industrial storm water general permits if there is a reasonable potential to cause or contribute to an excursion of a state water quality standard.

              (2) Subject to the provisions of this section, both technology and water quality-based effluent limitations may be expressed as:

              (a) Numeric effluent limitations;

              (b) Narrative effluent limitations; or

              (c) A combination of numeric and narrative effluent discharge limitations.

              (3) The department must condition storm water general permits for industrial and construction activities issued under the national pollutant discharge elimination system of the federal clean water act to require compliance with numeric effluent discharge limits when such discharges are subject to:

              (a) Numeric effluent limitations established in federally adopted, industry-specific effluent guidelines;

              (b) State developed, industry-specific performance-based numeric effluent limitations;

              (c) Numeric effluent limitations based on a completed total maximum daily load analysis or other pollution control measures; or

              (d) A determination by the department that:

              (i) The discharges covered under either the construction or industrial storm water general permits have a reasonable potential to cause or contribute to violation of state water quality standards; and

              (ii) Effluent limitations based on nonnumeric best management practices are not effective in achieving compliance with state water quality standards.

              (4) In making a determination under subsection (3)(d) of this section, the department shall use procedures that account for:

              (a) Existing controls on point and nonpoint sources of pollution;

              (b) The variability of the pollutant or pollutant parameter in the storm water discharge; and

              (c) As appropriate, the dilution of the storm water in the receiving waters.

              (5) Narrative effluent limitations requiring both the implementation of best management practices, when designed to satisfy the technology and water quality-based requirements of the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and compliance with water quality standards, shall be used for construction and industrial storm water general permits, unless the provisions of subsection (3) of this section apply.

              (6) Compliance with water quality standards shall be presumed, unless discharge monitoring data or other site specific information demonstrates that a discharge causes or contributes to violation of water quality standards, when the permittee is:

              (a) In full compliance with all permit conditions, including planning, sampling, monitoring, reporting, and recordkeeping conditions; and

              (b)(i) Fully implementing storm water best management practices contained in storm water technical manuals approved by the department, or practices that are demonstrably equivalent to practices contained in storm water technical manuals approved by the department, including the proper selection, implementation, and maintenance of all applicable and appropriate best management practices for on-site pollution control.

              (ii) For the purposes of this section, "demonstrably equivalent" means that the technical basis for the selection of all storm water best management practices are documented within a storm water pollution prevention plan. The storm water pollution prevention plan must document:

              (A) The method and reasons for choosing the storm water best management practices selected;

              (B) The pollutant removal performance expected from the practices selected;

              (C) The technical basis supporting the performance claims for the practices selected, including any available existing data concerning field performance of the practices selected;

              (D) An assessment of how the selected practices will comply with state water quality standards; and

              (E) An assessment of how the selected practices will satisfy both applicable federal technology-based treatment requirements and state requirements to use all known, available, and reasonable methods of prevention, control, and treatment.

              (7)(a) The department shall modify the industrial storm water general permit to require compliance by May 1, 2009, with appropriately derived numeric water quality-based effluent limitations for existing discharges to water bodies listed as impaired according to 33 U.S.C. Sec. 1313(d) (Sec. 303(d) of the federal clean water act, 33 U.S.C. Sec. 1251 et seq.).

              (b) No later than September 1, 2008, the department shall report to the appropriate committees of the legislature specifying how the numeric effluent limitation in (a) of this subsection would be implemented. The report shall identify the number of dischargers to impaired water bodies and provide an assessment of anticipated compliance with the numeric effluent limitation established by (a) of this subsection.

              (8)(a) Construction and industrial storm water general permits issued by the department shall include an enforceable adaptive management mechanism that includes appropriate monitoring, evaluation, and reporting. The adaptive management mechanism shall include elements designed to result in permit compliance and shall include, at a minimum, the following elements:

              (i) An adaptive management indicator, such as monitoring benchmarks;

              (ii) Monitoring;

              (iii) Review and revisions to the storm water pollution prevention plan;

              (iv) Documentation of remedial actions taken; and

              (v) Reporting to the department.

              (b) Construction and industrial storm water general permits issued by the department also shall include the timing and mechanisms for implementation of treatment best management practices.

              (9) Construction and industrial storm water discharges authorized under general permits must not cause or have the reasonable potential to cause or contribute to a violation of an applicable water quality standard. Where a discharge has already been authorized under a national pollutant discharge elimination system storm water permit and it is later determined to cause or have the reasonable potential to cause or contribute to the violation of an applicable water quality standard, the department may notify the permittee of such a violation.

              (10) Once notified by the department of a determination of reasonable potential to cause or contribute to the violation of an applicable water quality standard, the permittee must take all necessary actions to ensure future discharges do not cause or contribute to the violation of a water quality standard and document those actions in the storm water pollution prevention plan and a report timely submitted to the department. If violations remain or recur, coverage under the construction or industrial storm water general permits may be terminated by the department, and an alternative general permit or individual permit may be issued. Compliance with the requirements of this subsection does not preclude any enforcement activity provided by the federal clean water act, 33 U.S.C. Sec. 1251 et seq., for the underlying violation.

              (11) Receiving water sampling shall not be a requirement of an industrial or construction storm water general permit except to the extent that it can be conducted without endangering the health and safety of persons conducting the sampling.

              (12) The department may authorize mixing zones only in compliance with and after making determinations mandated by the procedural and substantive requirements of applicable laws and regulations.

              NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:

              The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and this chapter.

              (1) By January 1, 2005, the department shall initiate an inspection and compliance program for all permittees covered under the construction and industrial storm water general permits. The program shall include, but may not be limited to, the:

              (a) Provision of compliance assistance and survey for evidence of permit violations and violations of water quality standards;

              (b) Identification of corrective actions for actual or imminent discharges that violate or could violate the state's water quality standards;

              (c) Monitoring of the development and implementation of storm water pollution prevention plans and storm water monitoring plans;

              (d) Identification of dischargers who would benefit from follow-up inspection or compliance assistance programs; and

              (e) Collection and analysis of discharge and receiving water samples whenever practicable and when deemed appropriate by the department, and other evaluation of discharges to determine the potential for causing or contributing to violations of water quality standards.

              (2) The department's inspections under this section shall be conducted without prior notice to permittees whenever practicable.

              (3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also take such additional actions as are necessary to ensure compliance with state and federal water quality requirements, provided that all permittees must be inspected once within two years of the start of this program and each permittee must be inspected at least once each permit cycle thereafter.

              (4) Permittees must be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors:

              (a) Compliance history, including submittal or nonsubmittal of discharge monitoring reports;

              (b) Monitoring results in relationship to permit benchmarks; and

              (c) Discharge to impaired waters of the state.

              (5) Nothing in this section shall be construed to limit the department's enforcement discretion.

              NEW SECTION. Sec. 4. No later than December 31, 2006, the department of ecology shall submit a report to the appropriate committees of the legislature regarding methods to improve the effectiveness of permit monitoring requirements in construction and industrial storm water general permits. The department of ecology shall study and evaluate how monitoring requirements could be improved to determine the effectiveness of storm water best management practices and compliance with state water quality standards. In this study the department also shall evaluate monitoring requirements that are necessary for determining compliance or noncompliance with state water quality standards and shall evaluate the feasibility of including such monitoring in future permits. When conducting this study, the department shall consult with experts in the fields of monitoring, storm water management, and water quality, and when necessary the department shall conduct field work to evaluate the practicality and usefulness of alternative monitoring proposals.

              NEW SECTION. Sec. 5. A new section is added to chapter 90.48 RCW to read as follows:

              (1) The department shall establish permit fees for construction and industrial storm water general permits as necessary to fund the provisions of sections 2 and 3 of this act. When calculating appropriate fee amounts, the department shall take into consideration differences between large and small businesses and the economic impacts caused by permit fees on those businesses. Fees established under this section shall be adopted in accordance with chapter 34.05 RCW.

              (2) In its biennial discharge fees progress report required by RCW 90.48.465, the department shall include a detailed accounting regarding the method used to establish permit fees, the amount of permit fees collected, and the expenditure of permit fees. The detailed accounting shall include data on inspections conducted and the staff hired to implement the provisions of sections 2 and 3 of this act.

              NEW SECTION. Sec. 6. If any portion of sections 2 and 3 of this act are found to be in conflict with the federal clean water act, that portion alone is void.

              NEW SECTION. Sec. 7. This act expires January 1, 2015.

              NEW SECTION. Sec. 8. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2004, in the omnibus appropriations act, this act is null and void."

              Correct the title.

             Representatives Linville and Schoesler spoke in favor of the adoption of the amendment.

             The amendment was adopted.

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

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

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6415, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6415, as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Voting nay: Representative Holmquist - 1.

             Excused: Representatives Edwards and Flannigan - 2.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6415, as amended by the House, having received the necessary constitutional majority, was declared passed.

             SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8418, By Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Berkey, Swecker, Doumit, Schmidt, Mulliken, Parlette, Keiser, Rasmussen, Haugen and Murray)

             Creating a joint select legislative task force to evaluate permitting processes.

             The concurrent resolution was read the second time.

             There being no objection, the committee amendment by the Committee on Local Government was before the House for purpose of amendment. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

             Representative Schindler moved the adoption of amendment (1095) to the committee amendment:

              On page 2, line 23 of the amendment, after "labor;" insert "a representative from the construction industry; a representative from the ports;"

             Representatives Schindler and Romero spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted. The committee amendment as amended was adopted.

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

             Representatives Romero and Schindler spoke in favor of adoption of the concurrent resolution.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final adoption of Substitute Senate Concurrent Resolution No. 8418, as amended by the House.

             SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8418, as amended by the House, was adopted.

             HOUSE CONCURRENT RESOLUTION NO. 4418, By Representatives Kagi and Boldt

             Creating a study panel on adoption issues.

             The concurrent resolution was read the second time.

             There being no objection, the rules were suspended, the second reading considered the third and the concurrent resolution was placed on final adoption.

             Representatives Kagi and Boldt spoke in favor of passage of the concurrent resolution.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Concurrent Resolution No. 4418.

             HOUSE CONCURRENT RESOLUTION NO. 4418 was adopted.

             SUBSTITUTE SENATE BILL NO. 6240, By Senate Committee on Ways & Means (originally sponsored by Senators T. Sheldon, Zarelli, Benton, Hale, McAuliffe, Prentice, Rasmussen, Murray and Haugen; by request of Governor Locke)

             Modifying tax incentive provisions for rural counties.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Finance was adopted. (For committee amendment, see Journal, 50^th Day, March 1, 2004.)

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

             Representatives McIntire and Ahern spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6240, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6240, as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 3, Absent - 0, Excused - 2.

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

             Voting nay: Representatives Chase, Moeller and Ormsby - 3.

             Excused: Representatives Edwards and Flannigan - 2.

             SUBSTITUTE SENATE BILL NO. 6240, as amended by the House, having received the necessary constitutional majority, was declared passed.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6112, By Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Prentice, Benton, Winsley, Keiser and Kohl-Welles)

             Regulating self-funded multiple employer welfare arrangements.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Financial Institutions & Insurance was not adopted. (For committee amendment, see Journal, 47^th Day, February 27, 2004.)

             Representative Cody moved the adoption of amendment (1175):

              On page 4, line 1, after "establishes to the" strike "reasonable"

              On page 4, after line 25, insert the following:

              "(5) In this state, the arrangement provides or arranges benefits for health care services in compliance with RCW 48.43.500 through 48.43.535, 48.43.545, and 48.43.550;"

              Renumber the remaining subsections consecutively and correct internal references accordingly.

              Beginning on page 16, line 35, after "these arrangements" strike all language through "authority." on page 17, line 3, and insert ". If there has not been a final determination by the United States department of labor or a federal court that the taxes are not preempted by federal law, the taxes provided for in this section become effective on March 1, 2005, or thirty days following the issuance of a certificate of authority, whichever is later. During the time period between March 1, 2005, or thirty days following the issuance of a certificate of authority, whichever is later, and the final determination by the United States department of labor or a federal court, any taxes shall be deposited in an interest bearing escrow account maintained by the multiple employer welfare arrangement. Upon a final determination that the taxes are not preempted by the employee retirement income security act of 1974, as amended, 29 U.S.C. Sec. 1001 et seq., all funds in the interest bearing escrow account shall be transferred to the state treasurer."

              On page 17, after line 3, insert the following:

              "Sec. 25. RCW 48.41.030 and 2001 c 196 s 2 are each amended to read as follows:

              The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

              (1) "Accounting year" means a twelve-month period determined by the board for purposes of record-keeping and accounting. The first accounting year may be more or less than twelve months and, from time to time in subsequent years, the board may order an accounting year of other than twelve months as may be required for orderly management and accounting of the pool.

              (2) "Administrator" means the entity chosen by the board to administer the pool under RCW 48.41.080.

              (3) "Board" means the board of directors of the pool.

              (4) "Commissioner" means the insurance commissioner.

              (5) "Covered person" means any individual resident of this state who is eligible to receive benefits from any member, or other health plan.

              (6) "Health care facility" has the same meaning as in RCW 70.38.025.

              (7) "Health care provider" means any physician, facility, or health care professional, who is licensed in Washington state and entitled to reimbursement for health care services.

              (8) "Health care services" means services for the purpose of preventing, alleviating, curing, or healing human illness or injury.

              (9) "Health carrier" or "carrier" has the same meaning as in RCW 48.43.005.

              (10) "Health coverage" means any group or individual disability insurance policy, health care service contract, and health maintenance agreement, except those contracts entered into for the provision of health care services pursuant to Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395 et seq. The term does not include short-term care, long-term care, dental, vision, accident, fixed indemnity, disability income contracts, limited benefit or credit insurance, coverage issued as a supplement to liability insurance, insurance arising out of the worker's compensation or similar law, automobile medical payment insurance, or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.

              (11) "Health plan" means any arrangement by which persons, including dependents or spouses, covered or making application to be covered under this pool, have access to hospital and medical benefits or reimbursement including any group or individual disability insurance policy; health care service contract; health maintenance agreement; uninsured arrangements of group or group-type contracts including employer self-insured, cost-plus, or other benefit methodologies not involving insurance or not governed by Title 48 RCW; coverage under group-type contracts which are not available to the general public and can be obtained only because of connection with a particular organization or group; and coverage by medicare or other governmental benefits. This term includes coverage through "health coverage" as defined under this section, and specifically excludes those types of programs excluded under the definition of "health coverage" in subsection (10) of this section.

              (12) "Medical assistance" means coverage under Title XIX of the federal Social Security Act (42 U.S.C., Sec. 1396 et seq.) and chapter 74.09 RCW.

              (13) "Medicare" means coverage under Title XVIII of the Social Security Act, (42 U.S.C. Sec. 1395 et seq., as amended).

              (14) "Member" means any commercial insurer which provides disability insurance or stop loss insurance, any health care service contractor, ((and)) any health maintenance organization licensed under Title 48 RCW, and any self-funded multiple employer welfare arrangement as defined in section 3 of this act. "Member" also means the Washington state health care authority as issuer of the state uniform medical plan. "Member" shall also mean, as soon as authorized by federal law, employers and other entities, including a self-funding entity and employee welfare benefit plans that provide health plan benefits in this state on or after May 18, 1987. "Member" does not include any insurer, health care service contractor, or health maintenance organization whose products are exclusively dental products or those products excluded from the definition of "health coverage" set forth in subsection (10) of this section.

              (15) "Network provider" means a health care provider who has contracted in writing with the pool administrator or a health carrier contracting with the pool administrator to offer pool coverage to accept payment from and to look solely to the pool or health carrier according to the terms of the pool health plans.

              (16) "Plan of operation" means the pool, including articles, by- laws, and operating rules, adopted by the board pursuant to RCW 48.41.050.

              (17) "Point of service plan" means a benefit plan offered by the pool under which a covered person may elect to receive covered services from network providers, or nonnetwork providers at a reduced rate of benefits.

              (18) "Pool" means the Washington state health insurance pool as created in RCW 48.41.040.

              Sec. 26. RCW 48.41.060 and 2000 c 79 s 9 are each amended to read as follows:

              (1) The board shall have the general powers and authority granted under the laws of this state to insurance companies, health care service contractors, and health maintenance organizations, licensed or registered to offer or provide the kinds of health coverage defined under this title. In addition thereto, the board shall:

              (a) Designate or establish the standard health questionnaire to be used under RCW 48.41.100 and 48.43.018, including the form and content of the standard health questionnaire and the method of its application. The questionnaire must provide for an objective evaluation of an individual's health status by assigning a discreet measure, such as a system of point scoring to each individual. The questionnaire must not contain any questions related to pregnancy, and pregnancy shall not be a basis for coverage by the pool. The questionnaire shall be designed such that it is reasonably expected to identify the eight percent of persons who are the most costly to treat who are under individual coverage in health benefit plans, as defined in RCW 48.43.005, in Washington state or are covered by the pool, if applied to all such persons;

              (b) Obtain from a member of the American academy of actuaries, who is independent of the board, a certification that the standard health questionnaire meets the requirements of (a) of this subsection;

              (c) Approve the standard health questionnaire and any modifications needed to comply with this chapter. The standard health questionnaire shall be submitted to an actuary for certification, modified as necessary, and approved at least every eighteen months. The designation and approval of the standard health questionnaire by the board shall not be subject to review and approval by the commissioner. The standard health questionnaire or any modification thereto shall not be used until ninety days after public notice of the approval of the questionnaire or any modification thereto, except that the initial standard health questionnaire approved for use by the board after March 23, 2000, may be used immediately following public notice of such approval;

              (d) Establish appropriate rates, rate schedules, rate adjustments, expense allowances, claim reserve formulas and any other actuarial functions appropriate to the operation of the pool. Rates shall not be unreasonable in relation to the coverage provided, the risk experience, and expenses of providing the coverage. Rates and rate schedules may be adjusted for appropriate risk factors such as age and area variation in claim costs and shall take into consideration appropriate risk factors in accordance with established actuarial underwriting practices consistent with Washington state individual plan rating requirements under RCW 48.44.022 and 48.46.064;

              (e) Assess members of the pool in accordance with the provisions of this chapter, and make advance interim assessments as may be reasonable and necessary for the organizational or interim operating expenses. Any interim assessments will be credited as offsets against any regular assessments due following the close of the year. Self-funded multiple employer welfare arrangements are subject to assessment under this subsection only in the event that assessments are not preempted by the employee retirement income security act of 1974, as amended, 29 U.S.C. Sec. 1001 et seq. The arrangements and the commissioner shall initially request an advisory opinion from the United States department of labor or obtain a declaratory ruling from a federal court on the legality of imposing assessments on these arrangements before imposing the assessment. If there has not been a final determination by the United States department of labor or a federal court that the assessments are not preempted by federal law, the assessments provided for in this subsection become effective on March 1, 2005, or thirty days following the issuance of a certificate of authority, whichever is later. During the time period between March 1, 2005, or thirty days following the issuance of a certificate of authority, whichever is later, and the final determination by the United States department of labor or a federal court, any assessments shall be deposited in an interest bearing escrow account maintained by the multiple employer welfare arrangement. Upon a final determination that the assessments are not preempted by the employee retirement income security act of 1974, as amended, 29 U.S.C. Sec. 1001 et seq., all funds in the interest bearing escrow account shall be transferred to the board;

              (f) Issue policies of health coverage in accordance with the requirements of this chapter;

              (g) Establish procedures for the administration of the premium discount provided under RCW 48.41.200(3)(a)(iii);

              (h) Contract with the Washington state health care authority for the administration of the premium discounts provided under RCW 48.41.200(3)(a) (i) and (ii);

              (i) Set a reasonable fee to be paid to an insurance agent licensed in Washington state for submitting an acceptable application for enrollment in the pool; and

              (j) Provide certification to the commissioner when assessments will exceed the threshold level established in RCW 48.41.037.

              (2) In addition thereto, the board may:

              (a) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this chapter including the authority, with the approval of the commissioner, to enter into contracts with similar pools of other states for the joint performance of common administrative functions, or with persons or other organizations for the performance of administrative functions;

              (b) Sue or be sued, including taking any legal action as necessary to avoid the payment of improper claims against the pool or the coverage provided by or through the pool;

              (c) Appoint appropriate legal, actuarial, and other committees as necessary to provide technical assistance in the operation of the pool, policy, and other contract design, and any other function within the authority of the pool; and

              (d) Conduct periodic audits to assure the general accuracy of the financial data submitted to the pool, and the board shall cause the pool to have an annual audit of its operations by an independent certified public accountant.

              (3) Nothing in this section shall be construed to require or authorize the adoption of rules under chapter 34.05 RCW."

              Renumber remaining sections consecutively and correct the title.

             Representatives Cody and Benson spoke in favor of the adoption of the amendment.

             Representative McMorris spoke against the adoption of the amendment.

             The amendment was adopted.

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

             Representatives Cody and Benson spoke in favor of passage of the bill.

MOTION

             On motion of Representative Clements, Representative Ericksen was excused.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6112, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6112, as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Ericksen and Flannigan - 3.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6112, as amended by the House, having received the necessary constitutional majority, was declared passed.

             HOUSE BILL NO. 3204, By Representatives Sommers and Cody

             Allowing basic health plan benefits for home care agency providers.

             The bill was read the second time. There being no objection, Substitute House Bill No. 3204 was substituted for House Bill No. 3204 and the substitute bill was placed on the second reading calendar.

             SUBSTITUTE HOUSE BILL NO. 3204 was read the second time.

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

             Representatives Sommers and Sehlin spoke in favor of passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3204.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 3204 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Ericksen and Flannigan - 3.

             SUBSTITUTE HOUSE BILL NO. 3204, having received the necessary constitutional majority, was declared passed.

             HOUSE CONCURRENT RESOLUTION NO. 4419, By Representatives Romero, Conway, Hudgins, McCoy, Kenney, Veloria, Dickerson, Hunt, Morris, Morrell, Ormsby, Clibborn, O'Brien, Chase, Haigh, Darneille, Santos and D. Simpson

             Creating a task force to study offshore outsourcing.

             The concurrent resolution was read the second time.

             Representative Jarrett moved the adoption of amendment (1185):

              On page 3, line 24, after "rate" insert "and implications for trade-dependent industries"

             Representatives Jarrett and Conway spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative Priest moved the adoption of amendment (1192):

              On page 3, line 34, after "of" strike "ten" and insert "eleven"

              On page 4, line 6, after "trade representative;" insert "one member representing the chair of the Washington competitiveness council;"

             Representatives Priest and Anderson spoke in favor of the adoption of the amendment.

             Representative Romero spoke against the adoption of the amendment.

             An electronic roll call vote was demanded and the demand was sustained.

             The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (1192) to House Concurrent Resolution No. 4419.

ROLL CALL

             The Clerk called the roll on the adoption of amendment (1192) to House Concurrent Resolution No. 4419, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 49, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Hankins, Hinkle, Holmquist, Hunter, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Morris, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 46.

             Voting nay: Representatives Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 49.

             Excused: Representatives Edwards, Ericksen and Flannigan - 3.

             The resolution was ordered engrossed.

             There being no objection, the rules were suspended, the second reading considered the third and the concurrent resolution was placed on final adoption.

             Representatives Romero, Veloria, Priest, Conway, Campbell, Wallace, Hudgins and Morris spoke in favor of adoption of the concurrent resolution.

             Representatives Anderson, Delvin, Ahern, DeBolt and Orcutt spoke against the adoption of the concurrent resolution.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the adoption of Engrossed House Concurrent Resolution No. 4419.

ROLL CALL

             The Clerk called the roll on the adoption of Engrossed House Concurrent Resolution No. 4419 and the resolution was adopted by the House by the following vote: Yeas - 64, Nays - 31, Absent - 0, Excused - 3.

             Voting yea: Representatives Blake, Bush, Cairnes, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 64.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Carrell, Chandler, Condotta, Cox, Crouse, DeBolt, Delvin, Hinkle, Holmquist, Kristiansen, McMahan, Mielke, Newhouse, Orcutt, Pearson, Roach, Rodne, Schindler, Schoesler, Sehlin, Sump, Talcott and Tom - 31.

             Excused: Representatives Edwards, Ericksen and Flannigan - 3.

             ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4419, having received the necessary constitutional majority, was adopted.

             ENGROSSED SENATE BILL NO. 6411, By Senators Brandland, Rasmussen, Sheahan, Hargrove, Swecker, Brown, Jacobsen, McAuliffe, Regala, Eide, Kline, Kohl-Welles and Winsley

             Reducing hunger.

             The bill was read the second time.

             With the consent of the House, amendment (1188) was withdrawn.

             Representative Boldt moved the adoption of amendment (1190):

              On page 4, beginning on line 22, strike all of section 4

              Renumber the remaining sections consecutively and correct the title.

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

             Representative Kagi spoke against the adoption of the amendment.

             The amendment was not adopted.

             Representative Boldt moved the adoption of amendment (1193):

              On page 5, beginning on line 23, strike all of section 5.

              Renumber the sections consecutively and correct the title.

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

             Representative Kagi spoke against the adoption of the amendment.

             The amendment was not adopted.

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

             Representatives Pettigrew, Boldt and Darneille spoke in favor of passage of the bill.

             Representative Hinkle spoke against the passage of the bill.

             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 6411.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6411 and the bill passed the House by the following vote: Yeas - 77, Nays - 18, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chase, Clements, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Linville, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morris, Murray, Newhouse, Nixon, Ormsby, Pearson, Pettigrew, Priest, Quall, Rodne, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 77.

             Voting nay: Representatives Armstrong, Boldt, Chandler, Clibborn, Condotta, Crouse, Holmquist, Lantz, Lovick, Mielke, Morrell, O'Brien, Orcutt, Roach, Rockefeller, Schindler, Sump and Wallace - 18.

             Excused: Representatives Edwards, Ericksen and Flannigan - 3.

             ENGROSSED SENATE BILL NO. 6411, having received the necessary constitutional majority, was declared passed

SIGNED BY THE SPEAKER

             The Speaker signed:

HOUSE BILL NO. 1572,

HOUSE BILL NO. 1580,

HOUSE BILL NO. 1589,

SUBSTITUTE HOUSE BILL NO. 1691,

SUBSTITUTE HOUSE BILL NO. 1867,

SUBSTITUTE HOUSE BILL NO. 2055,

HOUSE BILL NO. 2301,

SUBSTITUTE HOUSE BILL NO. 2307,

SUBSTITUTE HOUSE BILL NO. 2308,

ENGROSSED HOUSE BILL NO. 2318,

ENGROSSED HOUSE BILL NO. 2364,

SUBSTITUTE HOUSE BILL NO. 2367,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2383,

HOUSE BILL NO. 2453,

HOUSE BILL NO. 2454,

HOUSE BILL NO. 2483,

SUBSTITUTE HOUSE BILL NO. 2504,

HOUSE BILL NO. 2509,

SUBSTITUTE HOUSE BILL NO. 2532,

HOUSE BILL NO. 2534,

HOUSE BILL NO. 2535,

SUBSTITUTE HOUSE BILL NO. 2538,

SUBSTITUTE HOUSE BILL NO. 2575,

HOUSE BILL NO. 2577,

HOUSE BILL NO. 2583,

HOUSE BILL NO. 2598,

HOUSE BILL NO. 2601,

HOUSE BILL NO. 2612,

SUBSTITUTE HOUSE BILL NO. 2621,

HOUSE BILL NO. 2647,

HOUSE BILL NO. 2683,

SUBSTITUTE HOUSE BILL NO. 2685,

HOUSE BILL NO. 2703,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2771,

SUBSTITUTE HOUSE BILL NO. 2781,

HOUSE BILL NO. 2794,

HOUSE BILL NO. 2817,

SUBSTITUTE HOUSE BILL NO. 2830,

HOUSE BILL NO. 2838,

SUBSTITUTE HOUSE BILL NO. 2849,

HOUSE BILL NO. 2859,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2891,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2905,

SUBSTITUTE HOUSE BILL NO. 2908,

SUBSTITUTE HOUSE BILL NO. 2910,

SUBSTITUTE HOUSE BILL NO. 2919,

SUBSTITUTE HOUSE BILL NO. 2984,

ENGROSSED HOUSE BILL NO. 2987,

ENGROSSED HOUSE BILL NO. 3036,

SUBSTITUTE HOUSE BILL NO. 3051,

SUBSTITUTE HOUSE BILL NO. 3055,

SUBSTITUTE HOUSE BILL NO. 3057,

SECOND SUBSTITUTE HOUSE BILL NO. 3085,

SUBSTITUTE HOUSE BILL NO. 3092,

HOUSE JOINT MEMORIAL NO. 4031,

HOUSE JOINT MEMORIAL NO. 4040,

HOUSE JOINT MEMORIAL NO. 4041,

             There being no objection, the Rules Committee was relieved of HOUSE BILL NO. 1681, and the bill was placed on the second reading calendar.

             There being no objection, the Rules Committee was relieved of SUBSTITUTE SENATE BILL NO. 6157, and the bill was placed on the second reading calendar.

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

             There being no objection, the House adjourned until 10:00 a.m., March 10, 2004, the 59th Day of the Regular Session.

FRANK CHOPP, Speaker                                                                                 RICHARD NAFZIGER, Chief Clerk