The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.

The Sergeant at Arms Color Guard consisting of Pages Alexis Egolf and Charles Bamford presented the Colors. Reverend Mary Olney, pastor of the First Christian Church, offered the prayer.

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

On motion of Senator Esser, the Senate advanced to the fourth order of business.

On motion of Senator Esser, the Senate advanced to the eighth order of business.

WHEREAS, William Michael Guarino, born February 12, 2004, is the new grandson of Senator Hale; and

WHEREAS, Lindsay Lyn Roach, born December 21, 2003, is the new granddaughter of Senator Roach; and

WHEREAS, Nils Johannes Haugen, born September 12, 2003, and Lincoln George Badley, born May 6, 2003, are the new grandchildren of Senator Haugen;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby welcome the 2004 Session Babies born to the children of members of the Senate and wish all the blessings of life for William, Lindsay, Nils, and Lincoln; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Senators Hale, Roach, and Haugen, to be placed in the baby book of each 2004 Session Baby.

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8715.

The motion by Senator Hale carried and the resolution was adopted by voice vote.

SENATE BILL NO. 6686, by Senators Murray, Brandland, McCaslin, Hargrove, Oke, Roach, Benton and Rasmussen

On motion of Senator Murray, the rules were suspended, Senate Bill No. 6686 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6686.

The Secretary called the roll on the final passage of Senate Bill No. 6686 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

SENATE BILL NO. 6686, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

Authorizing agreements to change the number of experts or professional persons who must examine a person for the state under chapter 10.77 RCW. Revised for 1st Substitute: Revising forensic competency and sanity examinations.

On motion of Senator Stevens, Second Substitute Senate Bill No. 5216 was substituted for Senate Bill No. 5216 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Esser, further consideration of Second Substitute Senate Bill No. 5216 was deferred the bill held it's place on the second reading calendar.

On motion of Senator Esser, Substitute Senate Bill No. 6377 was substituted for Senate Bill No. 6377 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 6377 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6377.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6377 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SUBSTITUTE SENATE BILL NO. 6377, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Hewitt, Substitute Senate Bill No. 6584 was substituted for Senate Bill No. 6584 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hewitt, the rules were suspended, Substitute Senate Bill No. 6584 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6584.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6584 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

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

SUBSTITUTE SENATE BILL NO. 6584, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Hewitt, the rules were suspended, Senate Bill No. 6403 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6403.

The Secretary called the roll on the final passage of Senate Bill No. 6403 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SENATE BILL NO. 6403, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

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

(1)(a) Whenever a defendant has pleaded not guilty by reason of insanity, or there is reason to doubt his or her competency, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate at least two qualified experts or professional persons, one of whom shall be approved by the prosecuting attorney, to examine and report upon the mental condition of the defendant. The signed order of the court shall serve as authority for the experts to be given access to all records held by any mental health, medical, educational, or correctional facility that relate to the present or past mental, emotional, or physical condition of the defendant. At least one of the experts or professional persons appointed shall be a developmental disabilities professional if the court is advised by any party that the defendant may be developmentally disabled. Upon agreement of the parties, the court may designate one expert or professional person to conduct the examination and report on the mental condition of the defendant. For purposes of the examination, the court may order the defendant committed to a hospital or other suitably secure public or private mental health facility for a period of time necessary to complete the examination, but not to exceed fifteen days from the time of admission to the facility. If the defendant is being held in jail or other detention facility, upon agreement of the parties, the court may direct that the examination be conducted at the jail or other detention facility.

(b) When a defendant is ordered to be committed for inpatient examination under this subsection (1), the court may delay granting bail until the defendant has been evaluated for competency or sanity and appears before the court. Following the evaluation, in determining bail the court shall consider: (i) Recommendations of the expert or professional persons regarding the defendant's competency, sanity, or diminished capacity; (ii) whether the defendant has a recent history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or found incompetent; (iv) whether it is reasonably likely the defendant will fail to appear for a future court hearing; and (v) whether the defendant is a threat to public safety.

(2) The court may direct that a qualified expert or professional person retained by or appointed for the defendant be permitted to witness the examination authorized by subsection (1) of this section, and that the defendant shall have access to all information obtained by the court appointed experts or professional persons. The defendant's expert or professional person shall have the right to file his or her own report following the guidelines of subsection (3) of this section. If the defendant is indigent, the court shall upon the request of the defendant assist him or her in obtaining an expert or professional person.

(c) If the defendant suffers from a mental disease or defect, or is developmentally disabled, an opinion as to competency;

(d) If the defendant has indicated his or her intention to rely on the defense of insanity pursuant to RCW 10.77.030, an opinion as to the defendant's sanity at the time of the act;

(e) When directed by the court, an opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged;

(f) An opinion as to whether the defendant should be evaluated by a county designated mental health professional under chapter 71.05 RCW, and an opinion as to whether the defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

(4) The secretary may execute such agreements as appropriate and necessary to implement this section."

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Stevens to Second Substitute Senate Bill No. 5216.

The motion by Senator Stevens carried and the striking amendment was adopted by voice vote.

On page 1, line 1 of the title, after "examinations;" strike the remainder of the title and insert "and amending RCW 10.77.060."

On motion of Senator Stevens, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5216 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5216.

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5216 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5216, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Horn, the rules were suspended, Senate Bill No. 6614 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6614.

The Secretary called the roll on the final passage of Senate Bill No. 6614 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SENATE BILL NO. 6614, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6639, by Senators Roach, Benton, Schmidt, Esser, Mulliken, Stevens, McCaslin, Haugen and Kline

On motion of Senator Roach, Substitute Senate Bill No. 6639 was substituted for Senate Bill No. 6639 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 6639 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Kohl-Welles: “Will Senator Roach yield to a question? I’m just wondering about any provisions for the military and for others living abroad.”

Senator Roach: “Thank you Senator Kohl-Welles. If you will turn to Substitute Senate Bill No. 6639 in your book you will read in section two, those that are over seas and military and those that are out-of-state are exempted from this requirement. I must say on a personal note, my husband works for the United States Post Office and every so often, at least once or twice a week, in our personal mail at our home, we get something from someone I don’t know. It’s mock mail and inside the mock mail there’s a card. In that card is an electronic device which helps the U. S. Post Office track it’s mail. This mail comes to us from Redmond and Spokane and Vancouver and all over. My job is to make sure that my husband sees it and goes back and reports to the U. S. Post Office in Seattle that it was received in our home at this date. I can tell you that, if you’re in the state of Washington and you mail something on a Saturday or Monday, it will arrive on time. Guaranteed, not guaranteed, but certainly if you’re mailing on Friday it’s going to get there. So if your in the state of Washington rest assured your fine. If your overseas, if your on vacation in Chile or where ever, you can in fact not be subject to this particular bill because you’re out of state.”

On motion of Senator Esser, further consideration of Substitute Senate Billl No. 6639 was deferred and the bill held it's place on the third reading calendar.

SENATE BILL NO. 6649, by Senators Benton, Keiser, Berkey and Winsley; by request of Department of Labor & Industries

Retaining fees for mobile/manufactured homes and factory built housing and commercial structures.

On motion of Senator Benton, Substitute Senate Bill No. 6649 was substituted for Senate Bill No. 6649 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 6649 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6649.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6649 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SUBSTITUTE SENATE BILL NO. 6649, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6554, by Senators Franklin, Parlette, Keiser, Winsley and Thibaudeau; by request of Department of Health

On motion of Senator Franklin, Substitute Senate Bill No. 6554 was substituted for Senate Bill No. 6554 and the substitute bill was placed on second reading and read the second time.

Senator Franklin moved that the following striking amendment by Senators Franklin, Morton, Deccio and Thibaudeau be adopted:

"NEW SECTION. Sec. 1. The legislature finds that the health care work force shortage is contributing to the health care crisis. The legislature also finds that some unnecessary barriers exist that slow or prevent qualified applicants from becoming credentialed health care providers. The legislature further finds that eliminating these initial barriers to licensure will contribute to state initiatives directed toward easing the health care personnel shortage in Washington.

Any person seeking to be examined shall present to the secretary at least forty-five days before the commencement of the examination:

(1) A written application on a form or forms provided by the secretary setting forth under affidavit such information as the secretary may require; and

(a) Successfully completed a course, approved by the secretary, of didactic training in basic sciences and acupuncture over a minimum period of two academic years. The training shall include such subjects as anatomy, physiology, ((bacteriology,)) microbiology, biochemistry, pathology, hygiene, and a survey of western clinical sciences. The basic science classes must be equivalent to those offered at the collegiate level. However, if the applicant is a licensed chiropractor under chapter 18.25 RCW or a naturopath licensed under chapter 18.36A RCW, the requirements of this subsection relating to basic sciences may be reduced by up to one year depending upon the extent of the candidate's qualifications as determined under rules adopted by the secretary;

(b) Successfully completed ((a course, approved by the secretary,)) five hundred hours of clinical training in acupuncture ((over a minimum period of one academic year. The training shall include a minimum of: (i) Twenty-nine quarter credits of supervised practice, consisting of at least four hundred separate patient treatments involving a minimum of one hundred different patients, and (ii) one hundred hours or nine quarter credits of observation which shall include case presentation and discussion)) that is approved by the secretary.

(1) The department shall issue ((a temporary)) an initial limited license without the examination required by this chapter to any applicant who, as determined by the secretary:

(a) Holds a valid license in another state that allows the scope of practice in subsection (3) (a) through (j) of this section;

(b) Is currently engaged in active practice in another state. For the purposes of this section, "active practice" means five hundred sixty hours of practice in the preceding twenty-four months;

(i) Has graduated from an accredited dental hygiene school approved by the secretary;

(ii) Has successfully completed the dental hygiene national board examination; and

(d) Provides information as the secretary deems necessary pertaining to the conditions and criteria of the uniform disciplinary act, chapter 18.130 RCW;

(e) Demonstrates to the secretary a knowledge of Washington state law pertaining to the practice of dental hygiene, including the administration of legend drugs;

(2) The term of the ((temporary)) initial limited license issued under this section is eighteen months and it is ((nonrenewable)) renewable upon demonstration of successful passage of the examination for administering local anesthetic and nitrous oxide/oxygen analgesia.

(3) A person practicing with ((a temporary)) an initial limited license granted under this section has the authority to perform hygiene procedures that are limited to:

(f) Oral prophylaxis and removal of deposits and stains from the surface of the teeth;

(4)(a) A person practicing with ((a temporary)) an initial limited license granted under this section may not perform the following dental hygiene procedures unless authorized in (b) or (c) of this subsection:

(ii) Place restorations into the cavity prepared by a licensed dentist and afterwards carve, contour, and adjust contacts and occlusion of the restoration;

(b) A person licensed in another state who can demonstrate substantively equivalent licensing standards in the administration of local anesthetic may receive a temporary endorsement to administer local anesthesia.

(c) A person licensed in another state who can demonstrate substantively equivalent licensing standards in restorative procedures may receive a temporary endorsement for restorative procedures.

(5)(a) A person practicing with a renewed limited license granted under this section may:

(i) Perform hygiene procedures as provided under subsection (3) of this section;

(b) A person practicing with a renewed limited license granted under this section may not place restorations into the cavity prepared by a licensed dentist and afterwards carve, contour, and adjust contacts and occlusion of the restoration.

The following practices, acts, and operations are excepted from the operation of this chapter:

(1) The practice of dental hygiene in the discharge of official duties by dental hygienists in the United States armed services, coast guard, public health services, veterans' bureau, or bureau of Indian affairs;

(2) Dental hygiene programs approved by the secretary and the practice of dental hygiene by students in dental hygiene programs approved by the secretary, when acting under the direction and supervision of persons licensed under chapter 18.29 or 18.32 RCW acting as instructors;

(3) The practice of dental hygiene by students in accredited dental hygiene educational programs when acting under the direction and supervision of instructors licensed under chapter 18.29 or 18.32 RCW.

Any applicant for a license shall be examined if he or she pays an examination fee determined by the secretary as provided in RCW 43.70.250 and certifies under oath that he or she:

(3) ((Is a citizen of the United States or has declared his or her intention of becoming such citizen in accordance with law; and

(b) Successfully completed a prescribed course in opticianry in a college or university approved by the secretary; or

Sec. 6. RCW 18.79.160 and 1994 sp.s. c 9 s 416 are each amended to read as follows:

(1) An applicant for a license to practice as a registered nurse shall submit to the commission:

(b) ((Written)) An official ((evidence of a diploma from)) transcript demonstrating graduation and successful completion of an approved ((school)) program of nursing; and

(2) An applicant for a license to practice as an advanced registered nurse practitioner shall submit to the commission:

(b) ((Written)) An official ((evidence of)) transcript demonstrating graduation and successful completion of an advanced registered nurse practitioner ((training)) program meeting criteria established by the commission; and

(3) An applicant for a license to practice as a licensed practical nurse shall submit to the commission:

(d) Written)) An official ((evidence of completion of)) transcript demonstrating graduation and successful completion of an approved practical nursing program, or its equivalent; and

(4) At the time of submission of the application, the applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse must not be in violation of chapter 18.130 RCW or this chapter.

(5) The commission shall establish by rule the criteria for evaluating the education of all applicants.

NEW SECTION. Sec. 7. A new section is added to chapter 18.79 RCW to read as follows:

A licensed practical nurse with an active license who has completed the coursework of a nontraditional registered nurse program approved by the commission can obtain the required clinical experience when: (1) The experience is obtained under the immediate supervision of a registered nurse who agrees to act as the preceptor with the understanding that the licensed practical nurse is practicing under the preceptor's registered nurse license. The preceptor must have an unrestricted license with at least two years of clinical practice in the same type of practice setting where the preceptorship will occur; and (2) the experience is obtained within six months of completion of the approved nontraditional program.

(1) The board shall adopt such rules as it deems necessary to carry out its functions.

(2) The board shall examine the qualifications of applicants for licensing under this chapter, to determine which applicants are eligible for licensing under this chapter and shall forward to the secretary the names of applicants so eligible.

(3) The board shall administer examinations to qualified applicants on at least an annual basis. The board shall determine the subject matter and scope of the examination((s and shall require both written and oral examinations of each applicant)), except as provided in RCW 18.83.170. The board may allow applicants to take the ((written)) examination upon the granting of their doctoral degree before completion of their internship for supervised experience.

(4) The board shall keep a complete record of its own proceedings, of the questions given in examinations, of the names and qualifications of all applicants, and the names and addresses of all licensed psychologists. The examination paper of such applicant shall be kept on file for a period of at least one year after examination.

(5) The board shall, by rule, adopt a code of ethics for psychologists which is designed to protect the public interest.

(6) The board may require that persons licensed under this chapter as psychologists obtain and maintain professional liability insurance in amounts determined by the board to be practicable and reasonably available.

An applicant for a license as "psychologist" must submit proof to the board that:

(2) The applicant holds a doctoral degree from a regionally accredited institution, obtained from an integrated program of graduate study in psychology as defined by rules of the board.

(3) The applicant has had no fewer than two years of supervised experience((, at least one of which shall have been obtained subsequent to the granting of the doctoral degree)). The board shall adopt rules defining the circumstances under which supervised experience shall qualify the candidate for licensure.

(4) The applicant has passed the ((written or oral)) examination or examinations((, or both, as prescribed)) required by the board.

Any person holding a valid license to practice psychology in the state of Washington on June 7, 1984, shall be considered licensed under this chapter.

(1) Examination of applicants shall be held in Olympia, Washington, or at such other place as designated by the secretary, at least annually at such times as the board may determine.

(2) ((Any applicant shall have the right to discuss with the board his or her performance on the examination.

(3))) Any applicant who fails to make a passing grade on the examination may be allowed to retake the examination. Any applicant who fails the examination a second time must obtain special permission from the board to take the examination again.

(((4))) (3) The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities.

A person, not licensed in this state, who wishes to perform practices under the provisions of this chapter for a period not to exceed ninety days within a calendar year, must petition the board for a temporary permit to perform such practices. If the person is licensed or certified in another state deemed by the board to have standards equivalent to this chapter, or if the person is a member of a professional organization and holds a certificate deemed by the board to meet standards equivalent to this chapter, a permit may be issued. No fee shall be charged for such temporary permit.

Upon compliance with administrative procedures, administrative requirements, and fees determined under RCW 43.70.250 and 43.70.280, the board may grant a license, without ((written)) oral examination, to any applicant who has not previously failed any examination held by the board of psychology of the state of Washington and furnishes evidence satisfactory to the board that the applicant:

(1) Holds a doctoral degree with primary emphasis on psychology from an accredited college or university; and

(2)(a) Is licensed or certified to practice psychology in another state or country in which the requirements for such licensing or certification are, in the judgment of the board, essentially equivalent to those required by this chapter and the rules and regulations of the board. Such individuals must have been licensed or certified in another state for a period of at least two years; or

(((3))) (b) Is a diplomate in good standing of the American Board of Examiners in Professional Psychology; or

(c) Is a member of a professional organization and holds a certificate deemed by the board to meet standards equivalent to this chapter.

(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

(b) Set all license, examination, and renewal fees in accordance with RCW 43.70.250;

(d) Issue a license to any applicant who has met the education, training, and examination requirements for licensure;

(e) Hire clerical, administrative, and investigative staff as needed to implement this chapter and hire individuals licensed under this chapter to serve as examiners for any practical examinations;

(f) Approve those schools from which graduation will be accepted as proof of an applicant's eligibility to take the licensure examination, specifically requiring that applicants must have completed ((programs)) an accredited respiratory program with two-year curriculum;

(g) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for licensure;

(h) Determine whether alternative methods of training are equivalent to formal education and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take the examination;

(i) Determine which states have legal credentialing requirements equivalent to those of this state and issue licenses to individuals legally credentialed in those states without examination;

(k) Appoint members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060.

(2) The provisions of chapter 18.130 RCW shall govern the issuance and denial of licenses, unlicensed practice, and the disciplining of persons licensed under this chapter. The secretary shall be the disciplining authority under this chapter.

(1) The date and location of the examination shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for licensure shall be scheduled for the next examination following the filing of the application. However, the applicant shall not be scheduled for any examination taking place sooner than sixty days after the application is filed.

(2) The secretary shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently, and shall meet generally accepted standards of fairness and validity for licensure examinations.

(3) All examinations shall be conducted by the secretary, and all grading of the examinations shall be under fair and wholly impartial methods.

(4) Any applicant who fails to make the required grade in the first examination is entitled to take up to three subsequent examinations, upon compliance with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280 and such remedial education as is deemed necessary.

(5) Applicants who meet the educational criteria as established by the national board for respiratory care to sit for the national board for respiratory care's advanced practitioner exams, or who have been issued the registered respiratory therapist credential by the national board for respiratory care, shall be considered to have met the educational criteria of this chapter, provided the criteria and credential continue to be recognized by the secretary as equal to or greater than the licensure standards in Washington. Applicants must have verification submitted directly from the national board for respiratory care to the department.

(6) The secretary may approve an examination prepared and administered by a private testing agency or association of credentialing boards for use by an applicant in meeting the licensure requirement."

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Franklin, Morton, Deccio and Thibaudeau to Substitute Senate Bill No. 6554.

The motion by Senator Franklin carried and the striking amendment was adopted by voice vote.

On page 1, line 2 of the title, after "professions;" strike the remainder of the title and insert "amending RCW 18.06.050, 18.29.190, 18.29.180, 18.34.070, 18.79.160, 18.83.050, 18.83.070, 18.83.072, 18.83.082, 18.83.170, 18.89.050, and 18.89.110; adding a new section to chapter 18.79 RCW; and creating a new section."

On motion of Senator Franklin, the rules were suspended, Engrossed Substitute Senate Bill No. 6554 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6554.

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6554 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

ENGROSSED SUBSTITUTE SENATE BILL NO. 6554, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Oke, Second Substitute Senate Bill No. 6082 was substituted for Senate Bill No. 6082 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Oke, the rules were suspended, Second Substitute Senate Bill No. 6082 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6082.

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6082 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SECOND SUBSTITUTE SENATE BILL NO. 6082, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator McCaslin, Substitute Senate Bill No. 6136 was substituted for Senate Bill No. 6136 and the substitute bill was placed on second reading and read the second time.

Senator McCaslin moved that the following amendment by Senators McCaslin, Esser and Kline be adopted:

On page 2, line 37, after "(b)" insert "Tracking equipment may be installed, maintained, and monitored for up to forty-eight hours without a warrant if exigent circumstances exist at the time the equipment is installed.

Senator Jacobsen: “Would Senator Kline yield to a question? Senator Kline, I’m curious if this constitutional restrictions also applies to rental cars or is it ok to put a GPS advice on a rental car?”

Senator Kline: “The underlying bill, I believe, refers to all cars. It makes no distinction between rental cars and any other vehicle. The amendment has nothing to do with, doesn’t use the word, car.’ It simply says ‘the trucking equipment may be installed, maintained up to forty-eight hours without a warrant if exigent circumstances exist so there’s no reference to ‘car’ at all. I believe that a rental car would be encompassed in the underlying statute, yes.”

The President declared the question before the Senate to be the adoption of the amendment by Senators Kline, Esser and McCaslin on page 2, line 37 to Substitute Senate Bill No. 6136.

The motion by Senator McCaslin carried and the amendment was adopted by voice vote.

On motion of Senator McCaslin, the rules were suspended, Engrossed Substitute Senate Bill No. 6136 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6136.

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6136 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

ENGROSSED SUBSTITUTE SENATE BILL NO. 6136, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Deccio, the rules were suspended, Senate Bill No. 6485 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6485.

The Secretary called the roll on the final passage of Senate Bill No. 6485 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

SENATE BILL NO. 6485, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6256, by Senators Brandland, Kline, McCaslin, Roach, Winsley and Oke

On motion of Senator Brandland, Substitute Senate Bill No. 6256 was substituted for Senate Bill No. 6256 and the substitute bill was placed on second reading and read the second time.

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

"NEW SECTION. Sec. 1. A new section is added to chapter 43.43 RCW to read as follows:

(1) Any incarcerated adult or juvenile that is serving a jail or prison sentence for any criminal offense constituting a felony or gross misdemeanor shall be palmprinted anytime prior to release from incarceration. An agency required to collect palmprints is authorized to charge the incarcerated adult or juvenile a fee of not more than ten dollars to record and maintain palmprint records.

(2) City, county, or state correctional institutions are not required to comply with this section if the incarcerated offender's palmprints are already recorded with the Washington state patrol, or any local Washington state law enforcement agency. City or county correctional institutions are not required to comply with this section if the incarcerated adult or juvenile is being held in the city or county correctional institution pending transport to the department of corrections or the department of social and health services.

(3) Palmprints collected under this section may be transmitted to the Washington state patrol. The Washington state patrol is not required to accept palmprints collected under this section until it has created rules regarding the acceptance of palmprints and has the resources to utilize the palmprints as part of its automated fingerprint imaging system."

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Brandland, Stevens and Hargrove to Substitute Senate Bill No. 6256.

The motion by Senator Brandland carried and the striking amendment was adopted by voice vote.

On page 1, line 1 of the title, after "records;" strike the remainder of the title and insert "and adding a new section to chapter 43.43 RCW."

On motion of Senator Brandland, the rules were suspended, Engrossed Substitute Senate Bill No. 6256 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6256.

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6256 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

ENGROSSED SUBSTITUTE SENATE BILL NO. 6256, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Rasmussen, Substitute Senate Bill No. 5665 was substituted for Senate Bill No. 5665 and the substitute bill was placed on second reading and read the second time.

Senator Parlette moved that the following amendment by Senator Parlette be adopted:

On page 2, beginning on line 24, after "fund." strike all material through "fund." on line 29 and insert "((At least five percent)) The board of directors shall determine what portion of the annual revenue of ((each)) the irrigation district ((may annually)) will be placed into its upgrading and improvement fund, including all or any part of the funds received by a district from the sale, delivery, and distribution of electrical energy."

The President declared the question before the Senate to be the adoption of the amendment by Senator Parlette on page 2, line 24 to Substitute Senate Bill No. 5665.

The motion by Senator Parlette carried and the amendment was adopted by voice vote.

On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 5665 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5665.

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5665 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

ENGROSSED SUBSTITUTE SENATE BILL NO. 5665, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

Senator Sheahan moved that the following amendment by Senator Sheahan be adopted:

On page 2, beginning on line 1, after "(WADDL)" strike all material through "laboratory" on line 4, and insert "and Washington State University's College of Veterinary Medicine, in collaboration with USDA ARS scientists, have been on the cutting edge of research into many aspects of research over the wide gamut of TSE diseases; and

On page 2, at the beginning of line 17, strike all material through "Japan" on line 19, and insert "an assay for BSE testing that has been used in Canada and the United States"

On page 2, line 35, after "Laboratory" insert "and College of Veterinary Medicine"

The President declared the question before the Senate to be the adoption of the amendment by Senator Sheahan on page 2, line 1 to Senate Joint Memorial No. 8050.

The motion by Senator Sheahan carried and the amendment was adopted by voice vote.

On motion of Senator Sheahan, the rules were suspended, Engrossed Senate Joint Memorial No. 8050 was advanced to third reading, the second reading considered the third and the memorial was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Senate Joint Memorial No. 8050.

The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8050 and the memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

ENGROSSED SENATE JOINT MEMORIAL NO. 8050, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6317, by Senators Honeyford, T. Sheldon, Hewitt, Mulliken and Rasmussen

Senator Honeyford moved that the following striking amendment by Senator Honeyford be adopted:

(((1))) (a) Establish and adopt rules governing the administration of this title and the auditing of self-insured employers under RCW 51.48.040 (4) and (5);

(((2))) (b) Ascertain and establish the amounts to be paid into and out of the accident fund;

(((3))) (c) Regulate the proof of accident and extent thereof, the proof of death and the proof of relationship and the extent of dependency;

(((4))) (d) Supervise the medical, surgical, and hospital treatment to the intent that it may be in all cases efficient and up to the recognized standard of modern surgery;

(((5))) (e) Issue proper receipts for moneys received and certificates for benefits accrued or accruing;

(((6))) (f) Investigate the cause of all serious injuries and report to the governor from time to time any violations or laxity in performance of protective statutes or regulations coming under the observation of the department;

(((7))) (g) Compile statistics which will afford reliable information upon which to base operations of all divisions under the department;

(((8))) (h) Make an annual report to the governor of the workings of the department;

(((9))) (i) Be empowered to enter into agreements with the appropriate agencies of other states relating to conflicts of jurisdiction where the contract of employment is in one state and injuries are received in the other state, and insofar as permitted by the Constitution and laws of the United States, to enter into similar agreements with the provinces of Canada; and

(((10))) (j) Designate a medical director who is licensed under chapter 18.57 or 18.71 RCW.

(2) Self-insured employers shall be vested with the powers and duties necessary to administer all aspects of industrial injury or occupational disease claims of their injured workers without prior approval or consent of the department subject to the provisions of this title.

(1) The director shall supervise the providing of prompt and efficient care and treatment, including care provided by physician assistants governed by the provisions of chapters 18.57A and 18.71A RCW, acting under a supervising physician, and including chiropractic care, to workers injured during the course of their employment at the least cost consistent with promptness and efficiency, without discrimination or favoritism, and with as great uniformity as the various and diverse surrounding circumstances and locations of industries will permit and to that end shall, from time to time, establish and adopt and supervise the administration of printed forms, rules, ((regulations,)) and practices for the furnishing of such care and treatment((: PROVIDED, That)). However, the medical coverage decisions of the department do not constitute a "rule" as used in RCW 34.05.010(16), nor are such decisions subject to the rule-making provisions of chapter 34.05 RCW except that criteria for establishing medical coverage decisions shall be adopted by rule after consultation with the workers' compensation advisory committee established in RCW 51.04.110((: PROVIDED FURTHER, That)). The department or self-insurer, as the case may be, may recommend to an injured worker particular health care services and providers where specialized treatment is indicated or where cost-effective payment levels or rates are obtained by the department((: AND PROVIDED FURTHER, That)) or self-insurer. The department may enter into contracts for goods and services including, but not limited to, durable medical equipment so long as statewide access to quality service is maintained for injured workers.

(2) The director shall, in consultation with interested persons, establish and, in his or her discretion, periodically change as may be necessary, and make available a fee schedule of the maximum charges to be made by any physician, surgeon, chiropractor, hospital, druggist, physicians' assistants as defined in chapters 18.57A and 18.71A RCW, acting under a supervising physician or other agency or person rendering services to injured workers. The department shall coordinate with other state purchasers of health care services to establish as much consistency and uniformity in billing and coding practices as possible, taking into account the unique requirements and differences between programs. No service covered under this title, including services provided to injured workers, whether aliens or other injured workers, who are not residing in the United States at the time of receiving the services, shall be charged or paid at a rate or rates exceeding those specified in such fee schedule, and no contract providing for greater fees shall be valid as to the excess. The establishment of such a schedule, exclusive of conversion factors, does not constitute "agency action" as used in RCW 34.05.010(3), nor does such a fee schedule constitute a "rule" as used in RCW 34.05.010(16).

(3) The director or self-insurer, as the case may be, shall make a record of the commencement of every disability and the termination thereof and, when bills are rendered for the care and treatment of injured workers, shall approve and pay those which conform to the adopted rules, ((regulations,)) established fee schedules, and practices of the director and may reject any bill or item thereof incurred in violation of the principles laid down in this section or the rules, regulations, or the established fee schedules and rules and regulations adopted under it.

The director and ((his or her)) the director's authorized assistants shall have power to issue subpoenas to enforce the attendance and testimony of witnesses and the production and examination of books, papers, photographs, tapes, and records before the department or a self-insurer in connection with any claim made to the department or a self-insurer, any billing submitted to the department or a self-insurer, or the assessment or collection of premiums. The director shall issue a subpoena on behalf of a self-insurer upon application demonstrating a reasonable basis for the issuance of a subpoena. The superior court shall have the power to enforce any such subpoena by proper proceedings.

Sec. 4. RCW 51.04.085 and 1977 ex.s. c 323 s 26 are each amended to read as follows:

The department or the self-insurer, as the case may be, may, at any time, on receipt of written authorization, transmit amounts payable to a claimant, beneficiary, or any supplier of goods or services to the account of such person in a bank or other financial institution regulated by state or federal authority.

Sec. 5. RCW 51.08.040 and 1961 c 23 s 51.08.040 are each amended to read as follows:

For purposes of this title, "department" means the department of labor and industries, its director, and its director's appointees and employees.

"Self-insurer" or "self-insured employer" means an employer or group of employers which has been authorized under this title to carry its own liability to its employees covered by this title and includes its administrative organization.

Sec. 7. RCW 51.14.110 and 1971 ex.s. c 289 s 35 are each amended to read as follows:

Every self-insurer shall maintain a record of all payments of compensation made under this title. In the event of an audit by the department or protest by the injured worker, the self-insurer shall furnish to the ((director)) department all information ((he)) it has in ((his)) its possession ((as to any disputed claim)), upon forms approved by the ((director)) department, within twenty days of receipt of a written request from the department. Every self-insurer shall monthly report to the department, upon forms approved by the department, all claims filed or closed during the previous month, and any such information necessary to conduct the audits of self-insured employers.

(1) The self-insurer shall provide, when authorized under RCW 51.28.070, a copy of the employee's claim file at no cost within fifteen days of receipt of a request by the employee or the employee's representative, and shall provide the physician performing an examination with all relevant medical records from the worker's claim file, but only to the extent required of the department under RCW 51.36.070. If the self-insured employer determines that release of the claim file to an unrepresented worker in whole or in part((,)) may not be in the worker's best interests, the employer must ((submit a request for denial with)) issue an order under section 10 of this act that includes an explanation ((along with a copy of that portion of the claim file not previously provided within twenty days after the request from)) to the worker. In the case of second or subsequent requests, a reasonable charge for copying may be made. The self-insurer shall provide the entire contents of the claim file unless the request is for only a particular portion of the file. Any new material added to the claim file after the initial request shall be provided under the same terms and conditions as the initial request.

(2) The self-insurer shall transmit notice to the department of any protest or appeal by an employee relating to the administration of an industrial injury or occupational disease claim under this chapter within five working days of receipt. The date that the protest or appeal is received by the self-insurer shall be deemed to be the date the protest is received by the department for the purpose of RCW 51.52.050.

(((3) The self-insurer shall submit a medical report with the request for closure of a claim under this chapter.))

The self-insurer shall ((request allowance or denial of)) allow or deny a claim within sixty days from the date that the claim is filed((. If the self-insurer fails to act within sixty days, the department shall promptly intervene and adjudicate the claim)) unless extended for up to ninety days by notice to the worker for good cause. If the self-insurer fails to allow or deny a claim within the specified time period, the claim shall be deemed allowed.

NEW SECTION. Sec. 10. A new section is added to chapter 51.14 RCW to read as follows:

(1) Self-insured employers shall issue orders encompassing their claims decisions under the same circumstances and parameters and to the same force and effect as orders issued by the department so long as such orders conform to the requirements of RCW 51.52.050. This includes but is not limited to allowance, denial and reopening of claims, payment of monthly compensation, provision of medical care and treatment, specification of conditions allowed, denied, or segregated under the claim, closure of claims with or without award for permanent disability, and reduction, suspension, or denial of benefits pursuant to RCW 51.32.110. However, a self-insurer's order determining that a worker shall be placed on the pension rolls as a permanent totally disabled worker shall not make any factual findings beyond eligibility for the pension rolls and the effective date of such eligibility.

(2) If a worker or beneficiary requests reconsideration or appeals a self-insurer order, the department may review the order under RCW 51.52.050, or may direct submission of further evidence under RCW 51.52.050 and 51.52.060. A subsequent order issued by the department may be appealed by any aggrieved party.

(1) Whenever a worker has a previous bodily disability from any previous injury or disease, whether known or unknown to the employer, and shall suffer a further disability from injury or occupational disease in employment covered by this title and become totally and permanently disabled from the combined effects thereof or die when death was substantially accelerated by the combined effects thereof, then the experience record of an employer insured with the state fund at the time of said further injury or disease shall be charged and a self-insured employer shall pay directly into the reserve fund only the accident cost which would have resulted solely from said further injury or disease, had there been no preexisting disability, and which accident cost shall be based upon an evaluation of the disability by medical experts. The difference between the charge thus assessed to such employer at the time of said further injury or disease and the total cost of the pension reserve shall be assessed against the second injury fund. The department shall pass upon the application of this section in all state fund cases where benefits are paid for total permanent disability or death and issue an order thereon appealable by the employer. Pending outcome of such appeal the transfer or payment shall be made as required by such order. In cases involving self-insurers, the department shall issue an order appealable by the employer passing on the application of this section upon a written request by the self-insurer. When this section applies, the department shall reimburse the self-insurer from the second injury fund all monthly compensation paid to the worker or beneficiary beginning with the first date of permanent total disability or death of the worker.

(2) The department shall, in cases of claims of workers sustaining injuries or occupational diseases in the employ of state fund employers, recompute the experience record of such employers when the claims of workers injured in their employ have been found to qualify for payments from the second injury fund after the regular time for computation of such experience records and the department may make appropriate adjustments in such cases including cash refunds or credits to such employers.

(3) To encourage employment of injured workers who are not reemployed by the employer at the time of injury, the department may adopt rules providing for the reduction or elimination of premiums or assessments from subsequent employers of such workers and may also adopt rules for the reduction or elimination of charges against such employers in the event of further injury to such workers in their employ.

(1) If a third person, not in a worker's same employ, is or may become liable to pay damages on account of a worker's injury for which benefits and compensation are provided under this title, the injured worker or beneficiary may elect to seek damages from the third person.

(2) In every action brought under this section, the plaintiff shall give notice to the department or self-insurer, as the case may be, when the action is filed. The department or self-insurer may file a notice of statutory interest in recovery. When such notice has been filed by the department or self-insurer, the parties shall thereafter serve copies of all notices, motions, pleadings, and other process on the department or self-insurer. The department or self-insurer may then intervene as a party in the action to protect its statutory interest in recovery.

(3) For the purposes of this chapter, "injury" shall include any physical or mental condition, disease, ailment or loss, including death, for which compensation and benefits are paid or payable under this title.

(4) Damages recoverable by a worker or beneficiary pursuant to the underinsured motorist coverage of an insurance policy shall be subject to this chapter only if the owner of the policy is the employer of the injured worker.

(5) For the purposes of this chapter, "recovery" includes all damages except loss of consortium.

(1) An election not to proceed against the third person operates as an assignment of the cause of action to the department or self-insurer, as the case may be, which may prosecute or compromise the action in its discretion in the name of the injured worker, beneficiary or legal representative.

(2) If an injury to a worker results in the worker's death, the department or self-insurer to which the cause of action has been assigned may petition a court for the appointment of a special personal representative for the limited purpose of maintaining an action under this chapter and chapter 4.20 RCW.

(3) If a beneficiary is a minor child, an election not to proceed against a third person on such beneficiary's cause of action may be exercised by the beneficiary's legal custodian or guardian.

(4) Any recovery made by the department or self-insurer shall be distributed as follows:

(a) The department or self-insurer, as the case may be, shall be paid the expenses incurred in making the recovery including reasonable costs of legal services;

(b) The injured worker or beneficiary shall be paid twenty-five percent of the balance of the recovery made, which shall not be subject to subsection (5) of this section: PROVIDED, That in the event of a compromise and settlement by the parties, the injured worker or beneficiary may agree to a sum less than twenty-five percent;

(c) The department and/or self-insurer shall be paid the compensation and benefits paid to or on behalf of the injured worker or beneficiary by the department and/or self-insurer; and

(5) Thereafter no payment shall be made to or on behalf of a worker or beneficiary by the department ((and/or)) or self-insurer, as the case may be, for such injury until the amount of any further compensation and benefits shall equal any such remaining balance. Thereafter, such benefits shall be paid by the department ((and/or)) or self-insurer, as the case may be, to or on behalf of the worker or beneficiary as though no recovery had been made from a third person.

(6) When the cause of action has been assigned to the self-insurer and compensation and benefits have been paid and/or are payable from state funds for the same injury:

(a) The prosecution of such cause of action shall also be for the benefit of the department to the extent of compensation and benefits paid and payable from state funds;

(b) Any compromise or settlement of such cause of action which results in less than the entitlement under this title is void unless made with the written approval of the department;

(d) The department shall bear its proportionate share of the costs and reasonable attorneys' fees incurred by the self-insurer in obtaining the award or settlement; and

(e) Any remaining balance under subsection (4)(d) of this section shall be applied, under subsection (5) of this section, to reduce the obligations of the department and self-insurer to pay further compensation and benefits in proportion to which the obligations of each bear to the remaining entitlement of the worker or beneficiary.

(1) If the injured worker or beneficiary elects to seek damages from the third person, any recovery made shall be distributed as follows:

(a) The costs and reasonable attorneys' fees shall be paid proportionately by the injured worker or beneficiary and the department and/or self-insurer((: PROVIDED, That)), as the case may be. However, the department and/or self-insurer may require court approval of costs and attorneys' fees or may petition a court for determination of the reasonableness of costs and attorneys' fees;

(b) The injured worker or beneficiary shall be paid twenty-five percent of the balance of the award((: PROVIDED, That)). However, in the event of a compromise and settlement by the parties, the injured worker or beneficiary may agree to a sum less than twenty-five percent;

(c) The department and/or self-insurer shall be paid the balance of the recovery made, but only to the extent necessary to reimburse the department and/or self-insurer for benefits paid;

(i) The department and/or self-insurer shall bear its proportionate share of the costs and reasonable attorneys' fees incurred by the worker or beneficiary to the extent of the benefits paid under this title((: PROVIDED, That)). However, the department's and/or self-insurer's proportionate share shall not exceed one hundred percent of the costs and reasonable attorneys' fees;

(ii) The department's and/or self-insurer's proportionate share of the costs and reasonable attorneys' fees shall be determined by dividing the gross recovery amount into the benefits paid amount and multiplying this percentage times the costs and reasonable attorneys' fees incurred by the worker or beneficiary;

(iii) The department's and/or self-insurer's reimbursement share shall be determined by subtracting their proportionate share of the costs and reasonable attorneys' fees from the benefits paid amount;

(d) Any remaining balance shall be paid to the injured worker or beneficiary; and

(e) Thereafter no payment shall be made to or on behalf of a worker or beneficiary by the department and/or self-insurer for such injury until the amount of any further compensation and benefits shall equal any such remaining balance minus the department's and/or self-insurer's proportionate share of the costs and reasonable attorneys' fees in regards to the remaining balance. This proportionate share shall be determined by dividing the gross recovery amount into the remaining balance amount and multiplying this percentage times the costs and reasonable attorneys' fees incurred by the worker or beneficiary. Thereafter, such benefits shall be paid by the department and/or self-insurer to or on behalf of the worker or beneficiary as though no recovery had been made from a third person.

(2) The recovery made shall be subject to a lien by the department and/or self-insurer for its share under this section.

(3) The department or self-insurer, as the case may be, has sole discretion to compromise the amount of its lien. In deciding whether or to what extent to compromise its lien, the department or self-insurer shall consider at least the following:

(a) The likelihood of collection of the award or settlement as may be affected by insurance coverage, solvency, or other factors relating to the third person;

(b) Factual and legal issues of liability as between the injured worker or beneficiary and the third person. Such issues include but are not limited to possible contributory negligence and novel theories of liability; and

(4) In an action under this section, the self-insurer may act on behalf and for the benefit of the department to the extent of any compensation and benefits paid or payable from state funds.

(5) It shall be the duty of the person to whom any recovery is paid before distribution under this section to advise the department or self-insurer, as the case may be, of the fact and amount of such recovery, the costs and reasonable attorneys' fees associated with the recovery, and to distribute the recovery in compliance with this section.

(6) The distribution of any recovery made by award or settlement of the third party action shall be confirmed by ((department)) order of the department or self-insurer, as the case may be, served by registered or certified mail, and shall be subject to chapter 51.52 RCW. In the event the order of distribution becomes final under chapter 51.52 RCW, the ((director or the director's designee)) department or self-insurer, as the case may be, may file with the clerk of any county within the state a warrant in the amount of the sum representing the unpaid lien plus interest accruing from the date the order became final. The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for such warrant and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of such worker or beneficiary mentioned in the warrant, the amount of the unpaid lien plus interest accrued and the date when the warrant was filed. The amount of such warrant as docketed shall become a lien upon the title to and interest in all real and personal property of the injured worker or beneficiary against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of such clerk. The sheriff shall then proceed in the same manner and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to support the issuance of writs of garnishment in favor of the department or self-insurer, as the case may be, in the manner provided by law in the case of judgment, wholly or partially unsatisfied. The clerk of the court shall be entitled to a filing fee under RCW 36.18.012(10), which shall be added to the amount of the warrant. A copy of such warrant shall be mailed to the injured worker or beneficiary within three days of filing with the clerk.

(7) The ((director, or the director's designee,)) department or self-insurer, as the case may be, may issue to any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, a notice and order to withhold and deliver property of any kind if he or she has reason to believe that there is in the possession of such person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property which is due, owing, or belonging to any worker or beneficiary upon whom a warrant has been served by the department or self-insurer for payments due to the state fund or self-insurer. The notice and order to withhold and deliver shall be served by the sheriff of the county or by the sheriff's deputy; by certified mail, return receipt requested; or by any authorized representatives of the ((director)) department or self-insurer. Any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order to withhold and deliver. In the event there is in the possession of the party named and served with such notice and order, any property which may be subject to the claim of the department or self-insurer, such property shall be delivered forthwith to the ((director or the director's authorized representative)) department or self-insurer, as the case may be, upon demand. If the party served and named in the notice and order fails to answer the notice and order within the time prescribed in this section, the court may, after the time to answer such order has expired, render judgment by default against the party named in the notice for the full amount claimed by the director or self-insurer in the notice together with costs. In the event that a notice to withhold and deliver is served upon an employer and the property found to be subject thereto is wages, the employer may assert in the answer to all exemptions provided for by chapter 6.27 RCW to which the wage earner may be entitled.

(1) The department or self-insurer, as the case may be, may require the injured worker or beneficiary to exercise the right of election under this chapter by serving a written demand by registered mail, certified mail, or personal service on the worker or beneficiary.

(2) Unless an election is made within sixty days of the receipt of the demand, and unless an action is instituted or settled within the time granted by the department or self-insurer, the injured worker or beneficiary is deemed to have assigned the action to the department or self-insurer, as the case may be. The department or self-insurer shall allow the worker or beneficiary at least ninety days from the election to institute or settle the action. When a beneficiary is a minor child the demand shall be served upon the legal custodian or guardian of such beneficiary.

(3) If an action which has been filed is not diligently prosecuted, the department or self-insurer, as the case may be, may petition the court in which the action is pending for an order assigning the cause of action to the department or self-insurer. Upon a sufficient showing of a lack of diligent prosecution the court in its discretion may issue the order.

(4) If the department or self-insurer has taken an assignment of the third party cause of action under subsection (2) of this section, the injured worker or beneficiary may, at the discretion of the department or self-insurer, exercise a right of reelection and assume the cause of action subject to reimbursement of litigation expenses incurred by the department or self-insurer.

Sec. 16. RCW 51.24.080 and 1977 ex.s. c 85 s 6 are each amended to read as follows:

(1) If the injured worker or beneficiary elects to seek damages from the third person, notice of the election must be given to the department or self-insurer, as the case may be. The notice shall be by registered mail, certified mail, or personal service. If an action is filed by the injured worker or beneficiary, a copy of the complaint must be sent by registered mail to the department or self-insurer, as the case may be.

(2) A return showing service of the notice on the department or self-insurer shall be filed with the court but shall not be part of the record except as necessary to give notice to the defendant of the lien imposed by RCW 51.24.060(2).

(1) Any compromise or settlement of the third party cause of action by the injured worker or beneficiary which results in less than the entitlement under this title is void unless made with the written approval of the department or self-insurer((: PROVIDED, That)), as the case may be. However, for the purposes of this chapter, "entitlement" means benefits and compensation paid and estimated by the department or self-insurer, as the case may be, to be paid in the future.

(2) If a compromise or settlement is void because of subsection (1) of this section, the department or self-insurer, as the case may be, may petition the court in which the action was filed for an order assigning the cause of action to the department or self-insurer. If an action has not been filed, the department or self-insurer may proceed as provided in chapter 7.24 RCW.

(1) Whenever any accident occurs to any worker it shall be the duty of such worker or someone in his or her behalf to forthwith report such accident to his or her employer, superintendent, or supervisor in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025 where the worker has received treatment from a physician, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury.

(2) Upon receipt of such notice of accident, the department or self-insurer, as the case may be, shall immediately forward to the worker or his or her beneficiaries or dependents notification, in nontechnical language, of their rights under this title. The notice must specify the worker's right to receive health services from a physician of the worker's choice under RCW 51.36.010, including chiropractic services under RCW 51.36.015, and must list the types of providers authorized to provide these services. The notice must be given on department forms.

(1)(((a))) Where a worker is entitled to compensation under this title he or she shall file with the department or his or her self-insured employer, as the case may be, his or her application for such, together with the certificate of the physician who attended him or her. An application form developed by the department shall include a notice specifying the worker's right to receive health services from a physician of the worker's choice under RCW 51.36.010, including chiropractic services under RCW 51.36.015, and listing the types of providers authorized to provide these services.

(((b))) (2) The physician who attended the injured worker shall inform the injured worker of his or her rights under this title and lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the worker. The department shall provide physicians with a manual which outlines the procedures to be followed in applications for compensation involving occupational diseases, and which describes claimants' rights and responsibilities related to occupational disease claims.

(((2) If application for compensation is made to a self-insured employer, he or she shall forthwith send a copy of the application to the department.))

Sec. 20. RCW 51.28.030 and 1972 ex.s. c 43 s 17 are each amended to read as follows:

Where death results from injury the parties entitled to compensation under this title, or someone in their behalf, shall make application for the same to the department or self-insurer as the case may be, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this title, certificates of attending physician, if any, and such proof as required by the rules of the department.

Upon receipt of notice of accident under RCW 51.28.010, the director or self-insurer, as the case may be, shall immediately forward to the party or parties required to make application for compensation under this section, notification on department forms, in nontechnical language, of their rights under this title.

Sec. 21. RCW 51.28.040 and 1977 ex.s. c 199 s 1 are each amended to read as follows:

If change of circumstances warrants an increase or rearrangement of compensation, like application shall be made therefor to the department or self-insurer, as the case may be. Where the application has been granted, compensation and other benefits if in order shall be allowed for periods of time up to sixty days prior to the receipt of such application.

Sec. 22. RCW 51.28.055 and 2003 2nd sp.s. c 2 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section for claims filed for occupational hearing loss, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician: (a) Of the existence of his or her occupational disease, and (b) that a claim for disability benefits may be filed. The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim. If the employer is self-insured, the physician shall file the notice with the self-insurer. If the employer is a state fund employer, the physician shall file the notice with the department. The department or self-insurer shall send a copy to the worker ((and to the self-insurer if the worker's employer is self-insured)). However, a claim is valid if it is filed within two years from the date of death of the worker suffering from an occupational disease.

(2)(a) Except as provided in (b) of this subsection, to be valid and compensable, claims for hearing loss due to occupational noise exposure must be filed within two years of the date of the worker's last injurious exposure to occupational noise in employment covered under this title or within one year of September 10, 2003, whichever is later.

(b) A claim for hearing loss due to occupational noise exposure that is not timely filed under (a) of this subsection can only be allowed for medical aid benefits under chapter 51.36 RCW.

Sec. 23. RCW 51.28.060 and 1977 ex.s. c 350 s 35 are each amended to read as follows:

A dependent shall at all times furnish the department or self-insurer, as the case may be, with proof satisfactory to the ((director)) department or self-insurer of the nature, amount and extent of the contribution made by the deceased worker.

Proof of dependency by any beneficiary residing without the United States shall be made before the nearest United States consul or consular agency, under the seal of such consul or consular agent, and the department or self-insurer may cause any warrant or warrants to which such beneficiary is entitled to be transmitted to the beneficiary through the nearest United States consul or consular agent.

Information contained in the claim files and records of injured workers, under the provisions of this title, shall be deemed confidential and shall not be open to public inspection (other than to public employees in the performance of their official duties), but representatives of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant. A claimant may review his or her claim file if the ((director)) department or self-insurer, as the case may be, determines, pursuant to criteria adopted by rule, that the review is in the claimant's interest. Employers or their duly authorized representatives may review any files of their own injured workers in connection with any pending claims. Physicians treating or examining workers claiming benefits under this title, or physicians giving medical advice to the department or self-insurer regarding any claim may, at the discretion of the department or self-insurer, inspect the claim files and records of injured workers, and other persons may make such inspection, at the department's or self-insurer's discretion, when such persons are rendering assistance to the department or self-insurer at any stage of the proceedings on any matter pertaining to the administration of this title.

Sec. 25. RCW 51.32.010 and 1977 ex.s. c 350 s 37 are each amended to read as follows:

Each worker injured in the course of his or her employment, or his or her family or dependents in case of death of the worker, shall receive compensation in accordance with this chapter, and, except as in this title otherwise provided, such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever((: PROVIDED, That)). However, if an injured worker, or the surviving spouse of an injured worker shall not have the legal custody of a child for, or on account of whom payments are required to be made under this title, such payment or payments shall be made to the person or persons having the legal custody of such child but only for the periods of time after the department or self-insurer, as the case may be, has been notified of the fact of such legal custody, and it shall be the duty of any such person or persons receiving payments because of legal custody of any child immediately to notify the department or self-insurer, as the case may be, of any change in such legal custody.

(1) Except as provided in RCW 43.20B.720, 72.09.111, 74.20A.260, and 51.32.380, no money paid or payable under this title shall, before the issuance and delivery of the check or warrant, be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other person by operation of law, any form of voluntary assignment, or power of attorney. Any such assignment or charge is void unless the transfer is to a financial institution at the request of a worker or other beneficiary and made in accordance with RCW 51.32.045.

(2)(a) If any worker suffers (i) a permanent partial injury and dies from some other cause than the accident which produced the injury before he or she receives payment of the award for the permanent partial injury or (ii) any other injury before he or she receives payment of any monthly installment covering any period of time before his or her death, the amount of the permanent partial disability award or the monthly payment, or both, shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the award or the amount of the monthly payment shall be paid by the department or self-insurer, as the case may be, and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.

(b) If any worker suffers an injury and dies from it before he or she receives payment of any monthly installment covering time loss for any period of time before his or her death, the amount of the monthly payment shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the amount of the monthly payment shall be paid by the department or self-insurer, as the case may be, and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.

(c) Any application for compensation under this subsection (2) shall be filed with the department or self-insuring employer, as the case may be, within one year of the date of death. The department or self-insurer may satisfy its responsibilities under this subsection (2) by sending any payment due in the name of the decedent and to the last known address of the decedent.

(3)(a) Any worker or beneficiary receiving benefits under this title who is subsequently confined in, or who subsequently becomes eligible for benefits under this title while confined in, any institution under conviction and sentence shall have all payments of the compensation canceled during the period of confinement. After discharge from the institution, payment of benefits due afterward shall be paid if the worker or beneficiary would, except for the provisions of this subsection (3), otherwise be entitled to them.

(b) If any prisoner is injured in the course of his or her employment while participating in a work or training release program authorized by chapter 72.65 RCW and is subject to the provisions of this title, he or she is entitled to payments under this title, subject to the requirements of chapter 72.65 RCW, unless his or her participation in the program has been canceled, or unless he or she is returned to a state correctional institution, as defined in RCW 72.65.010(3), as a result of revocation of parole or new sentence.

(c) If the confined worker has any beneficiaries during the confinement period during which benefits are canceled under (a) or (b) of this subsection, they shall be paid directly the monthly benefits which would have been paid to the worker for himself or herself and the worker's beneficiaries had the worker not been confined.

(4) Any lump sum benefits to which a worker would otherwise be entitled but for the provisions of this section shall be paid on a monthly basis to his or her beneficiaries.

(1) One purpose of this title is to restore the injured worker as nearly as possible to the condition of self-support as an able-bodied worker. Claims shall be closed and benefits for permanent disability shall be determined ((under the director's supervision, except as otherwise authorized in subsection (9) of this section,)) only after the injured worker's condition becomes fixed.

(2) ((All determinations of permanent disabilities shall be made by the department, except as otherwise authorized in subsection (9) of this section. Either the worker, employer, or self-insurer may make a request or the inquiry may be initiated by the director or, as authorized in subsection (9) of this section, by the self-insurer on the director or the self-insurer's own motion. Determinations shall be required in every instance where permanent disability is likely to be present. All medical reports and other pertinent information in the possession of or under the control of the employer or, if the self-insurer has made a request to the department, in the possession of or under the control of the self-insurer shall be forwarded to the director with the request.

(3) A request for determination of permanent disability shall be examined by the department or, if authorized in subsection (9) of this section, the self-insurer, and the department shall issue an order in accordance with RCW 51.52.050 or, in the case of a self-insured employer, the self-insurer may: (a) Enter a written order, communicated to the worker and the department self-insurance section in accordance with subsection (9) of this section, or (b) request the department to issue an order in accordance with RCW 51.52.050.

(4) The department or, in cases authorized in subsection (9) of this section, the self-insurer may require that the worker present himself or herself for a special medical examination by a physician or physicians selected by the department, and the department or, in cases authorized in subsection (9) of this section,)) The department or the self-insurer, as the case may be, may require that the worker present himself or herself for a special medical examination by a physician or physicians selected by the department or the self-insurer and may require that the worker present himself or herself for a personal interview. The costs of the examination or interview, including payment of any reasonable travel expenses, shall be paid by the department or self-insurer, as the case may be.

(((5))) (3) The director may establish a medical bureau within the department to perform medical examinations under this section. Physicians hired or retained for this purpose shall be grounded in industrial medicine and in the assessment of industrial physical impairment. ((Self-insurers shall bear a proportionate share of the cost of the medical bureau in a manner to be determined by the department.

(6))) (4) Where a dispute arises from the handling of any state fund claim before the condition of the injured worker becomes fixed, the worker((,)) or employer((, or self-insurer)) may request the department to resolve the dispute or the director may initiate an inquiry on his or her own motion. In these cases, the department shall proceed as provided in this section and an order shall issue in accordance with RCW 51.52.050.

(((7)(a) If a claim (i) is accepted by a self-insurer after June 30, 1986, and before August 1, 1997, (ii) involves only medical treatment and the payment of temporary disability compensation under RCW 51.32.090 or only the payment of temporary disability compensation under RCW 51.32.090, (iii) at the time medical treatment is concluded does not involve permanent disability, (iv) is one with respect to which the department has not intervened under subsection (6) of this section, and (v) the injured worker has returned to work with the self-insured employer of record, whether at the worker's previous job or at a job that has comparable wages and benefits, the claim may be closed by the self-insurer, subject to reporting of claims to the department in a manner prescribed by department rules adopted under chapter 34.05 RCW.

(b) All determinations of permanent disability for claims accepted under this subsection (7) by self-insurers shall be made by the self-insured section of the department under subsections (1) through (4) of this section.

(c) Upon closure of a claim under (a) of this subsection, the self-insurer shall enter a written order, communicated to the worker and the department self-insurance section, which contains the following statement clearly set forth in bold face type: "This order constitutes notification that your claim is being closed with medical benefits and temporary disability compensation only as provided, and with the condition you have returned to work with the self-insured employer. If for any reason you disagree with the conditions or duration of your return to work or the medical benefits or the temporary disability compensation that has been provided, you must protest in writing to the department of labor and industries, self-insurance section, within sixty days of the date you received this order."

(8)(a) If a claim (i) is accepted by a self-insurer after June 30, 1990, and before August 1, 1997, (ii) involves only medical treatment, (iii) does not involve payment of temporary disability compensation under RCW 51.32.090, and (iv) at the time medical treatment is concluded does not involve permanent disability, the claim may be closed by the self-insurer, subject to reporting of claims to the department in a manner prescribed by department rules adopted under chapter 34.05 RCW. Upon closure of a claim, the self-insurer shall enter a written order, communicated to the worker, which contains the following statement clearly set forth in bold-face type: "This order constitutes notification that your claim is being closed with medical benefits only, as provided. If for any reason you disagree with this closure, you must protest in writing to the Department of Labor and Industries, Olympia, within 60 days of the date you received this order. The department will then review your claim and enter a further determinative order."

(b) All determinations of permanent disability for claims accepted under this subsection (8) by self-insurers shall be made by the self-insured section of the department under subsections (1) through (4) of this section.

(9)(a) If a claim: (i) Is accepted by a self-insurer after July 31, 1997; (ii)(A) involves only medical treatment, or medical treatment and the payment of temporary disability compensation under RCW 51.32.090, and a determination of permanent partial disability, if applicable, has been made by the self-insurer as authorized in this subsection; or (B) involves only the payment of temporary disability compensation under RCW 51.32.090 and a determination of permanent partial disability, if applicable, has been made by the self-insurer as authorized in this subsection; (iii) is one with respect to which the department has not intervened under subsection (6) of this section; and (iv) concerns an injured worker who has returned to work with the self-insured employer of record, whether at the worker's previous job or at a job that has comparable wages and benefits, the claim may be closed by the self-insurer, subject to reporting of claims to the department in a manner prescribed by department rules adopted under chapter 34.05 RCW.

(b) If a physician submits a report to the self-insurer that concludes that the worker's condition is fixed and stable and supports payment of a permanent partial disability award, and if within fourteen days from the date the self-insurer mailed the report to the attending or treating physician, the worker's attending or treating physician disagrees in writing that the worker's condition is fixed and stable, the self-insurer must get a supplemental medical opinion from a provider on the department's approved examiner's list before closing the claim. In the alternative, the self-insurer may forward the claim to the department, which must review the claim and enter a final order as provided for in RCW 51.52.050.

(c) Upon closure of a claim under this subsection (9), the self-insurer shall enter a written order, communicated to the worker and the department self-insurance section, which contains the following statement clearly set forth in bold-face type: "This order constitutes notification that your claim is being closed with such medical benefits and temporary disability compensation as provided to date and with such award for permanent partial disability, if any, as set forth below, and with the condition that you have returned to work with the self-insured employer. If for any reason you disagree with the conditions or duration of your return to work or the medical benefits, temporary disability compensation provided, or permanent partial disability that has been awarded, you must protest in writing to the Department of Labor and Industries, Self-Insurance Section, within sixty days of the date you received this order. If you do not protest this order to the department, this order will become final."

(d) All determinations of permanent partial disability for claims accepted by self-insurers under this subsection (9) may be made by the self-insurer or the self-insurer may request a determination by the self-insured section of the department. All determinations shall be made under subsections (1) through (4) of this section.

(10) If the department receives a protest of an order issued by a self-insurer under subsections (7) through (9) of this section, the self-insurer's closure order must be held in abeyance. The department shall review the claim closure action and enter a further determinative order as provided for in RCW 51.52.050. If no protest is timely filed, the closing order issued by the self-insurer shall become final and shall have the same force and effect as a department order that has become final under RCW 51.52.050.

(11) If within two years of claim closure under subsections (7) through (9) of this section, the department determines that the self-insurer has made payment of benefits because of clerical error, mistake of identity, or innocent misrepresentation or the department discovers a violation of the conditions of claim closure, the department may require the self-insurer to correct the benefits paid or payable. This subsection (11) does not limit in any way the application of RCW 51.32.240.

(12) For the purposes of this section, "comparable wages and benefits" means wages and benefits that are at least ninety-five percent of the wages and benefits received by the worker at the time of injury.))

(1) When the ((supervisor of industrial insurance shall)) department or the self-insurer, as the case may be, determines that permanent total disability results from the injury, the worker shall receive monthly during the period of such disability:

(a) If married at the time of injury, sixty-five percent of his or her wages but not less than two hundred fifteen dollars per month.

(b) If married with one child at the time of injury, sixty-seven percent of his or her wages but not less than two hundred fifty-two dollars per month.

(c) If married with two children at the time of injury, sixty-nine percent of his or her wages but not less than two hundred eighty-three dollars.

(d) If married with three children at the time of injury, seventy-one percent of his or her wages but not less than three hundred six dollars per month.

(e) If married with four children at the time of injury, seventy-three percent of his or her wages but not less than three hundred twenty-nine dollars per month.

(f) If married with five or more children at the time of injury, seventy-five percent of his or her wages but not less than three hundred fifty-two dollars per month.

(g) If unmarried at the time of the injury, sixty percent of his or her wages but not less than one hundred eighty-five dollars per month.

(h) If unmarried with one child at the time of injury, sixty-two percent of his or her wages but not less than two hundred twenty-two dollars per month.

(i) If unmarried with two children at the time of injury, sixty-four percent of his or her wages but not less than two hundred fifty-three dollars per month.

(j) If unmarried with three children at the time of injury, sixty-six percent of his or her wages but not less than two hundred seventy-six dollars per month.

(k) If unmarried with four children at the time of injury, sixty-eight percent of his or her wages but not less than two hundred ninety-nine dollars per month.

(l) If unmarried with five or more children at the time of injury, seventy percent of his or her wages but not less than three hundred twenty-two dollars per month.

(2) For any period of time where both husband and wife are entitled to compensation as temporarily or totally disabled workers, only that spouse having the higher wages of the two shall be entitled to claim their child or children for compensation purposes.

(3) In case of permanent total disability, if the character of the injury is such as to render the worker so physically helpless as to require the hiring of the services of an attendant, the department shall make monthly payments to such attendant for such services as long as such requirement continues, but such payments shall not obtain or be operative while the worker is receiving care under or pursuant to the provisions of chapter 51.36 RCW and RCW 51.04.105.

(4) Should any further accident result in the permanent total disability of an injured worker, he or she shall receive the pension to which he or she would be entitled, notwithstanding the payment of a lump sum for his or her prior injury.

(5) In no event shall the monthly payments provided in this section exceed the applicable percentage of the average monthly wage in the state as computed under the provisions of RCW 51.08.018 as follows:

The limitations under this subsection shall not apply to the payments provided for in subsection (3) of this section.

(6) In the case of new or reopened claims, if the ((supervisor of industrial insurance)) department or the self-insurer, as the case may be, determines that, at the time of filing or reopening, the worker is voluntarily retired and is no longer attached to the work force, benefits shall not be paid under this section.

(7) The benefits provided by this section are subject to modification under RCW 51.32.067.

(1)(a) Until July 1, 1993, for the permanent partial disabilities here specifically described, the injured worker shall receive compensation as follows:

LOSS BY AMPUTATION
Of leg above the knee joint with short thigh stump (3" or less below the tuberosity of ischium). . . . . . . . . . . . . . . . . .	$54,000.00
Of leg at or above knee joint with functional stump. . . . . . . . . . . . . . . . . . . . . .	48,600.00
Of leg below knee joint. . . . . . . . . . . . . . . . . . . .	43,200.00
Of leg at ankle (Syme). . . . . . . . . . . . . . . . . . . .	37,800.00
Of foot at mid-metatarsals. . . . . . . . . . . . . . . . . .	18,900.00
Of great toe with resection of metatarsal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	11,340.00
Of great toe at metatarsophalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	6,804.00
Of great toe at interphalangeal joint. . . . . . . . . .	3,600.00
Of lesser toe (2nd to 5th) with resection of metatarsal bone. . . . . . . . . . . . . . . . . . . . . . .	4,140.00
Of lesser toe at metatarsophalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2,016.00
Of lesser toe at proximal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	1,494.00
Of lesser toe at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	378.00
Of arm at or above the deltoid insertion or by disarticulation at the shoulder. . . . . . . . .	54,000.00
Of arm at any point from below the deltoid insertion to below the elbow joint at the insertion of the biceps tendon. . . . . . . . .	51,300.00
Of arm at any point from below the elbow joint distal to the insertion of the biceps tendon to and including mid-metacarpal amputation of the hand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	48,600.00
Of all fingers except the thumb at metacarpophalangeal joints. . . . . . . . . . . . .	29,160.00
Of thumb at metacarpophalangeal joint or with resection of carpometacarpal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	19,440.00
Of thumb at interphalangeal joint. . . . . . . . . . . .	9,720.00
Of index finger at metacarpophalangeal joint or with resection of metacarpal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	12,150.00
Of index finger at proximal interphalangeal joint. . . . . . . . . . . . . . . . . . .	9,720.00
Of index finger at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	5,346.00
Of middle finger at metacarpophalangeal joint or with resection of metacarpal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	9,720.00
Of middle finger at proximal interphalangeal joint. . . . . . . . . . . . . . . . . . .	7,776.00
Of middle finger at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	4,374.00
Of ring finger at metacarpophalangeal joint or with resection of metacarpal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	4,860.00
Of ring finger at proximal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	3,888.00
Of ring finger at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2,430.00
Of little finger at metacarpophalangeal joint or with resection of metacarpal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2,430.00
Of little finger at proximal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	1,944.00
Of little finger at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	972.00
MISCELLANEOUS
Loss of one eye by enucleation. . . . . . . . . . . . . .	21,600.00
Loss of central visual acuity in one eye. . . . . . .	18,000.00
Complete loss of hearing in both ears. . . . . . . . .	43,200.00
Complete loss of hearing in one ear. . . . . . . . . .	7,200.00

(b) Beginning on July 1, 1993, compensation under this subsection shall be computed as follows:

(i) Beginning on July 1, 1993, the compensation amounts for the specified disabilities listed in (a) of this subsection shall be increased by thirty-two percent; and

(ii) Beginning on July 1, 1994, and each July 1 thereafter, the compensation amounts for the specified disabilities listed in (a) of this subsection, as adjusted under (b)(i) of this subsection, shall be readjusted to reflect the percentage change in the consumer price index, calculated as follows: The index for the calendar year preceding the year in which the July calculation is made, to be known as "calendar year A," is divided by the index for the calendar year preceding calendar year A, and the resulting ratio is multiplied by the compensation amount in effect on June 30 immediately preceding the July 1st on which the respective calculation is made. For the purposes of this subsection, "index" means the same as the definition in RCW 2.12.037(1).

(2) Compensation for amputation of a member or part thereof at a site other than those specified in subsection (1) of this section, and for loss of central visual acuity and loss of hearing other than complete, shall be in proportion to that which such other amputation or partial loss of visual acuity or hearing most closely resembles and approximates. Compensation shall be calculated based on the adjusted schedule of compensation in effect for the respective time period as prescribed in subsection (1) of this section.

(3)(a) Compensation for any other permanent partial disability not involving amputation shall be in the proportion which the extent of such other disability, called unspecified disability, shall bear to the disabilities specified in subsection (1) of this section, which most closely resembles and approximates in degree of disability such other disability, and compensation for any other unspecified permanent partial disability shall be in an amount as measured and compared to total bodily impairment. To reduce litigation and establish more certainty and uniformity in the rating of unspecified permanent partial disabilities, the department shall enact rules having the force of law classifying such disabilities in the proportion which the department shall determine such disabilities reasonably bear to total bodily impairment. In enacting such rules, the department shall give consideration to, but need not necessarily adopt, any nationally recognized medical standards or guides for determining various bodily impairments.

(b) Until July 1, 1993, for purposes of calculating monetary benefits under (a) of this subsection, the amount payable for total bodily impairment shall be deemed to be ninety thousand dollars. Beginning on July 1, 1993, for purposes of calculating monetary benefits under (a) of this subsection, the amount payable for total bodily impairment shall be adjusted as follows:

(i) Beginning on July 1, 1993, the amount payable for total bodily impairment under this section shall be increased to one hundred eighteen thousand eight hundred dollars; and

(ii) Beginning on July 1, 1994, and each July 1 thereafter, the amount payable for total bodily impairment prescribed in (b)(i) of this subsection shall be adjusted as provided in subsection (1)(b)(ii) of this section.

(c) Until July 1, 1993, the total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed the sum of ninety thousand dollars. Beginning on July 1, 1993, total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed a sum calculated as follows:

(i) Beginning on July 1, 1993, the sum shall be increased to one hundred eighteen thousand eight hundred dollars; and

(ii) Beginning on July 1, 1994, and each July 1 thereafter, the sum prescribed in (b)(i) of this subsection shall be adjusted as provided in subsection (1)(b)(ii) of this section.

(4) If permanent partial disability compensation is followed by permanent total disability compensation, any portion of the permanent partial disability compensation which exceeds the amount that would have been paid the injured worker if permanent total disability compensation had been paid in the first instance, shall be deducted from the pension reserve of such injured worker and his or her monthly compensation payments shall be reduced accordingly.

(5) Should a worker receive an injury to a member or part of his or her body already, from whatever cause, permanently partially disabled, resulting in the amputation thereof or in an aggravation or increase in such permanent partial disability but not resulting in the permanent total disability of such worker, his or her compensation for such partial disability shall be adjudged with regard to the previous disability of the injured member or part and the degree or extent of the aggravation or increase of disability thereof.

(6) When the compensation provided for in subsections (1) through (3) of this section exceeds three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, payment shall be made in monthly payments in accordance with the schedule of temporary total disability payments set forth in RCW 51.32.090 until such compensation is paid to the injured worker in full, except that the first monthly payment shall be in an amount equal to three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, and interest shall be paid at the rate of eight percent on the unpaid balance of such compensation commencing with the second monthly payment. However, upon application of the injured worker or survivor the monthly payment may be converted, in whole or in part, into a lump sum payment, in which event the monthly payment shall cease in whole or in part. Such conversion may be made only upon written application of the injured worker or survivor to the department or self-insurer, as the case may be, and shall rest in the discretion of the department or self-insurer, as the case may be, depending upon the merits of each individual application. Upon the death of a worker all unpaid installments accrued shall be paid according to the payment schedule established prior to the death of the worker to the widow or widower, or if there is no widow or widower surviving, to the dependent children of such claimant, and if there are no such dependent children, then to such other dependents as defined by this title.

(7) Awards payable under this section are governed by the schedule in effect on the date of injury.

(1) One of the primary purposes of this title is to enable the injured worker to become employable at gainful employment. To this end, the department or self-insurers, as the case may be, shall utilize the services of individuals and organizations, public or private, whose experience, training, and interests in vocational rehabilitation and retraining qualify them to lend expert assistance ((to the supervisor of industrial insurance)) in such programs of vocational rehabilitation as may be reasonable to make the worker employable consistent with his or her physical and mental status. ((Where, after evaluation and recommendation by such individuals or organizations and prior to final evaluation of the worker's permanent disability and in the sole opinion of the supervisor or supervisor's designee, whether or not medical treatment has been concluded, vocational rehabilitation is both necessary and likely to enable the injured worker to become employable at gainful employment, the supervisor or supervisor's designee may, in his or her sole discretion, pay or, if the employer is a self-insurer, direct the self-insurer to pay the cost as provided in subsection (3) of this section.)) The department or self-insurer, as the case may be, may pay the costs as provided in subsection (3) of this section if vocational rehabilitation is both necessary and likely to enable the injured worker to become employable at gainful employment. Such costs may be approved before final evaluation of the worker's permanent disability, whether or not medical treatment has been concluded.

(2) When in the ((sole)) discretion of the ((supervisor or the supervisor's designee)) department or self-insurer, as the case may be, vocational rehabilitation is both necessary and likely to make the worker employable at gainful employment, then the following order of priorities shall be used:

(b) Modification of the previous job with the same employer including transitional return to work;

(d) Modification of a new job with the same employer including transitional return to work;

(f) A new job with a new employer or self-employment based upon transferable skills;

(h) A new job with a new employer or self-employment involving on-the-job training;

(3)(a) Except as provided in (b) of this subsection, costs for vocational rehabilitation benefits allowed ((by the supervisor or supervisor's designee)) under subsection (1) of this section may include the cost of books, tuition, fees, supplies, equipment, transportation, child or dependent care, and other necessary expenses for any such worker in an amount not to exceed three thousand dollars in any fifty-two week period ((except as authorized by RCW 51.60.060)), and the cost of continuing the temporary total disability compensation under RCW 51.32.090 while the worker is actively and successfully undergoing a formal program of vocational rehabilitation.

(b) Beginning with vocational rehabilitation plans approved on or after July 1, 1999, costs for vocational rehabilitation benefits allowed ((by the supervisor or supervisor's designee)) under subsection (1) of this section may include the cost of books, tuition, fees, supplies, equipment, child or dependent care, and other necessary expenses for any such worker in an amount not to exceed four thousand dollars in any fifty-two week period ((except as authorized by RCW 51.60.060)), and the cost of transportation and continuing the temporary total disability compensation under RCW 51.32.090 while the worker is actively and successfully undergoing a formal program of vocational rehabilitation.

(c) The expenses allowed under (a) or (b) of this subsection may include training fees for on-the-job training and the cost of furnishing tools and other equipment necessary for self-employment or reemployment. However, compensation or payment of retraining with job placement expenses under (a) or (b) of this subsection may not be authorized for a period of more than fifty-two weeks, except that such period may, in the sole discretion of the ((supervisor after his or her review)) department or self-insurer, as the case may be, be extended for an additional fifty-two weeks or portion thereof by written order of the ((supervisor)) department or self-insurer, as the case may be.

(d) In cases where the worker is required to reside away from his or her customary residence, the reasonable cost of board and lodging shall also be paid.

(e) Costs paid under this subsection shall be chargeable to the employer's cost experience or shall be paid by the self-insurer as the case may be.

(4) In addition to the vocational rehabilitation expenditures provided for under subsection (3) of this section, an additional five thousand dollars may, upon authorization of the ((supervisor or the supervisor's designee)) department or self-insurer, as the case may be, be expended for: (a) Accommodations for an injured worker that are medically necessary for the worker to participate in an approved retraining plan; and (b) accommodations necessary to perform the essential functions of an occupation in which an injured worker is seeking employment, consistent with the retraining plan or the recommendations of a vocational evaluation. The injured worker's attending physician must verify the necessity of the modifications or accommodations. The total expenditures authorized in this subsection and the expenditures authorized under RCW 51.32.250 shall not exceed five thousand dollars.

(5) The department shall establish criteria to monitor the quality and effectiveness of rehabilitation services provided by the individuals and organizations used under subsection (1) of this section. The state fund shall make referrals for vocational rehabilitation services based on these performance criteria.

(6) The department shall engage in, where feasible and cost-effective, a cooperative program with the state employment security department to provide job placement services under this section.

(7) ((The benefits in this section shall be provided for the injured workers of self-insured employers.)) Self-insurers shall ((report both benefits provided and benefits denied under this section in the manner prescribed by the department by rule adopted under chapter 34.05 RCW)) issue a written determination providing or denying benefits under this section. The determination shall state, in bold-faced type of at least ten-point font, that such determination becomes final within fifteen days from the date the determination is communicated to the parties unless a written protest is filed with the director of the department of labor and industries in Olympia. The self-insurer's determination may not be appealed to the board of industrial insurance appeals. If a worker timely protests a determination issued by a self-insured employer under this section, the director may((, in his or her sole discretion and upon his or her own initiative or at any time that a dispute arises under this section,)) promptly make such inquiries as circumstances require ((and)), take such other action as he or she considers will properly determine the matter and protect the rights of the parties, and determine whether, in the director's sole discretion, vocational rehabilitation is both necessary and likely to make the worker employable at gainful employment.

(8) Except as otherwise provided in this section, the benefits provided for in this section are available to any otherwise eligible worker regardless of the date of industrial injury. However, claims shall not be reopened solely for vocational rehabilitation purposes.

(1) Any worker entitled to receive any benefits or claiming such under this title shall, if requested by the department or self-insurer, submit himself or herself for medical examination, at a time and from time to time, at a place reasonably convenient for the worker and as may be provided by the rules of the department. An injured worker, whether an alien or other injured worker, who is not residing in the United States at the time that a medical examination is requested may be required to submit to an examination at any location in the United States determined by the department or self-insurer.

(2) If the worker refuses to submit to medical examination, or obstructs the same, or, if any injured worker shall persist in unsanitary or injurious practices which tend to imperil or retard his or her recovery, or shall refuse to submit to such medical or surgical treatment as is reasonably essential to his or her recovery or refuse or obstruct evaluation or examination for the purpose of vocational rehabilitation or does not cooperate in reasonable efforts at such rehabilitation, the department or the self-insurer ((upon approval by the department)), as the case may be, with notice to the worker may suspend any further action on any claim of such worker so long as such refusal, obstruction, noncooperation, or practice continues and reduce, suspend, or deny any compensation for such period((: PROVIDED, That)). However, the department or the self-insurer shall not suspend any further action on any claim of a worker or reduce, suspend, or deny any compensation if a worker has good cause for refusing to submit to or to obstruct any examination, evaluation, treatment, or practice requested by the department or self-insurer or required under this section.

(3) If the worker necessarily incurs traveling expenses in attending the examination pursuant to the request of the department or the self-insurer, such traveling expenses shall be repaid to him or her out of the accident fund upon proper voucher and audit or shall be repaid by the self-insurer, as the case may be.

(4)(a) If the medical examination required by this section causes the worker to be absent from his or her work without pay:

(i) In the case of a worker insured by the department, the worker shall be paid compensation out of the accident fund in an amount equal to his or her usual wages for the time lost from work while attending the medical examination; or

(ii) In the case of a worker of a self-insurer, the self-insurer shall pay the worker an amount equal to his or her usual wages for the time lost from work while attending the medical examination.

(b) This subsection (4) shall apply prospectively to all claims regardless of the date of injury.

(1)(a) If aggravation, diminution, or termination of disability takes place, the ((director)) department or self-insurer, as the case may be, may, upon the application of the beneficiary to the department or self-insurer, as the case may be, made within seven years from the date the first closing order becomes final, or at any time upon ((his or her own)) the director's or self-insurer's motion, as the case may be, readjust the rate of compensation in accordance with the rules in this section provided for the same, or in a proper case terminate the payment((: PROVIDED, That)). However, the ((director)) department or self-insurer, as the case may be, may, upon application of the worker made at any time, provide proper and necessary medical and surgical services as authorized under RCW 51.36.010. The department shall promptly mail a copy of the application to the state fund employer at the employer's last known address as shown by the records of the department.

(b) "Closing order" as used in this section means an order based on factors which include medical recommendation, advice, or examination.

(c) Applications for benefits where the claim has been closed without medical recommendation, advice, or examination are not subject to the seven year limitation of this section. The preceding sentence shall not apply to any closing order issued prior to July 1, 1981. First closing orders issued between July 1, 1981, and July 1, 1985, shall, for the purposes of this section only, be deemed issued on July 1, 1985. The time limitation of this section shall be ten years in claims involving loss of vision or function of the eyes.

(d) If an order denying an application to reopen filed on or after July 1, 1988, is not issued within ninety days of receipt of such application by the self-insured employer or the department, as the case may be, such application shall be deemed granted. However, for good cause, the department or self-insurer, as the case may be, may extend the time for making the final determination on the application for an additional sixty days.

(2) If a worker receiving a pension for total disability returns to gainful employment for wages, the director may suspend or terminate the rate of compensation established for the disability without producing medical evidence that shows that a diminution of the disability has occurred.

(3) No act done or ordered to be done by ((the director, or)) the department ((prior to)) or the self-insurer before the ((signing and filing in the matter)) issuing of a written order for such readjustment shall be grounds for such readjustment.

On any industrial injury claim where ((the)) a self-insured ((employer or injured worker has requested a determination by the department)) employer's order has been protested, the self-insurer must submit ((all medical reports and any other specified information not previously submitted)) the claim file to the department. When the department requests information from a self-insurer by certified mail, the self-insurer shall submit all information in its possession concerning a claim within ten working days from the date of receipt of such certified notice.

Sec. 34. RCW 51.32.210 and 1977 ex.s. c 350 s 55 are each amended to read as follows:

Claims of injured workers ((of employers who have secured the payment of compensation by insuring with the department)) shall be promptly acted upon by the department or self-insurer, as the case may be. Where temporary disability compensation is payable, the first payment thereof shall be mailed within fourteen days after receipt of the claim at the department(('s offices in Olympia)) or self-insurer, as the case may be, and shall continue at regular semimonthly or biweekly intervals. The payment of this or any other benefits under this title, prior to the entry of an order ((by the department)) in accordance with RCW 51.52.050 ((as now or hereafter amended)), shall be not considered a binding determination of the obligations of the department or self-insurer, as the case may be, under this title. The acceptance of compensation by the worker or his or her beneficiaries prior to such order shall likewise not be considered a binding determination of their rights under this title.

(1) For persons under the age of sixty-five receiving compensation for temporary or permanent total disability pursuant to the provisions of chapter 51.32 RCW, such compensation shall be reduced by an amount equal to the benefits payable under the federal old-age, survivors and disability insurance act as now or hereafter amended not to exceed the amount of the reduction established pursuant to 42 USC 424a. However, such reduction shall not apply when the combined compensation provided pursuant to chapter 51.32 RCW and the federal old-age, survivors and disability insurance act is less than the total benefits to which the federal reduction would apply, pursuant to 42 USC 424a. Where any person described in this section refuses to authorize the release of information concerning the amount of benefits payable under said federal act the department(('s)) or self-insurer's estimate, as the case may be, of said amount shall be deemed to be correct unless and until the actual amount is established and no adjustment shall be made for any period of time covered by any such refusal.

(2) Any reduction under subsection (1) of this section shall be effective the month following the month in which the department or self-insurer, as the case may be, is notified by the federal social security administration that the person is receiving disability benefits under the federal old-age, survivors and disability insurance act((: PROVIDED, That)). However, in the event of an overpayment of benefits the department or self-insurer, as the case may be, may not recover more than the overpayments for the six months immediately preceding the date the department or self-insurer notifies the worker that an overpayment has occurred((: PROVIDED FURTHER, That)). Upon determining that there has been an overpayment, the department or self-insurer, as the case may be, shall immediately notify the person who received the overpayment that he or she shall be required to make repayment pursuant to this section and RCW 51.32.230.

(3) Recovery of any overpayment must be taken from future temporary or permanent total disability benefits or permanent partial disability benefits provided by this title. In the case of temporary or permanent total disability benefits, the recovery shall not exceed twenty-five percent of the monthly amount due from the department or self-insurer, as the case may be, or one-sixth of the total overpayment, whichever is the lesser.

(4) No reduction may be made unless the worker receives notice of the reduction prior to the month in which the reduction is made.

(5) In no event shall the reduction reduce total benefits to less than the greater amount the worker may be entitled to under this title or the federal old-age, survivors and disability insurance act.

(6) The ((director)) department or self-insurer, as the case may be, pursuant to rules adopted in accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise ((his)) discretion to waive, in whole or in part, the amount of any overpayment where the recovery would be against equity and good conscience.

(7) The amendment in subsection (1) of this section by chapter 63, Laws of 1982 raising the age limit during which the reduction shall be made from age sixty-two to age sixty-five shall apply with respect to workers whose effective entitlement to total disability compensation begins after January 1, 1983.

(1) For persons receiving compensation for temporary or permanent total disability under this title, the compensation shall be reduced by the department or self-insurer, as the case may be, to allow an offset for social security retirement benefits payable under the federal social security, old age survivors, and disability insurance act, 42 U.S.C. This reduction shall not apply to any worker who is receiving permanent total disability benefits prior to July 1, 1986.

(2) Reductions for social security retirement benefits under this section shall comply with the procedures in RCW 51.32.220 (1) through (6), except those that relate to computation, and with any other procedures established by the department to administer this section.

(3) Any reduction in compensation made under chapter 58, Laws of 1986, shall be made before the reduction established in this section.

Sec. 37. RCW 51.32.230 and 1979 ex.s. c 151 s 2 are each amended to read as follows:

Notwithstanding any other provisions of law, any overpayments previously recovered under the provisions of RCW 51.32.220 ((as now or hereafter amended)) shall be limited to six months' overpayments. Where greater recovery has already been made, the director((, in his)) or the self-insurer, as the case may be, has the discretion((, may)) to make restitution in those cases where an extraordinary hardship has been created.

(1) Whenever any payment of benefits under this title is made because of clerical error, mistake of identity, innocent misrepresentation by or on behalf of the recipient thereof mistakenly acted upon, or any other circumstance of a similar nature, all not induced by fraud, the recipient thereof shall repay it and recoupment may be made from any future payments due to the recipient on any claim with the state fund or self-insurer, as the case may be. The department or self-insurer, as the case may be, must make claim for such repayment or recoupment within one year of the making of any such payment or it will be deemed any claim therefor has been waived. The ((director)) department or self-insurer, as the case may be, pursuant to rules adopted in accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise ((his)) discretion to waive, in whole or in part, the amount of any such timely claim where the recovery would be against equity and good conscience.

(2) Whenever the department or self-insurer, as the case may be, fails to pay benefits because of clerical error, mistake of identity, or innocent misrepresentation, all not induced by recipient fraud, the recipient may request an adjustment of benefits to be paid from the state fund or by the self-insurer, as the case may be, subject to the following:

(a) The recipient must request an adjustment in benefits within one year from the date of the incorrect payment, whether the payment was made by order or otherwise, or it will be deemed any claim therefore has been waived.

(b) The recipient may not seek an adjustment of benefits because of adjudicator error whether the payment was made by order or otherwise. "Adjudicator error" includes the failure to consider information in the claim file, failure to secure adequate information, or an error in judgment.

(3) Whenever the department or self-insurer issues an order rejecting a claim for benefits paid pursuant to RCW ((51.32.190 or)) 51.32.210, after payment for temporary disability benefits has been paid ((by a self-insurer pursuant to RCW 51.32.190(3) or by the department pursuant to RCW 51.32.210)), the recipient thereof shall repay such benefits and recoupment may be made from any future payments due to the recipient on any claim with the state fund or self-insurer, as the case may be. The ((director)) department or self-insurer, as the case may be, under rules adopted in accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise discretion to waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience.

(4) Whenever any payment of benefits under this title has been made pursuant to an adjudication by the department or self-insurer or by order of the board or any court and timely appeal therefrom has been made where the final decision is that any such payment was made pursuant to an erroneous adjudication, the recipient thereof shall repay it and recoupment may be made from any future payments due to the recipient on any claim with the state fund or self-insurer, as the case may be. The ((director)) department or self-insurer, as the case may be, pursuant to rules adopted in accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise ((his)) discretion to waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience.

(5) Whenever any payment of benefits under this title has been induced by fraud the recipient thereof shall repay any such payment together with a penalty of fifty percent of the total of any such payments and the amount of such total sum may be recouped from any future payments due to the recipient on any claim with the state fund or self-insurer against whom the fraud was committed, as the case may be, and the amount of such penalty shall be placed in the supplemental pension fund. Such repayment or recoupment must be demanded or ordered within three years of the discovery of the fraud.

(6) The worker, beneficiary, or other person affected thereby shall have the right to contest an order assessing an overpayment pursuant to this section in the same manner and to the same extent as provided under RCW 51.52.050 and 51.52.060. In the event such an order becomes final under chapter 51.52 RCW and notwithstanding the provisions of subsections (1) through (5) of this section, the ((director, director's designee,)) department or self-insurer, as the case may be, may file with the clerk in any county within the state a warrant in the amount of the sum representing the unpaid overpayment and/or penalty plus interest accruing from the date the order became final. The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for such warrant and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the worker, beneficiary, or other person mentioned in the warrant, the amount of the unpaid overpayment and/or penalty plus interest accrued, and the date the warrant was filed. The amount of the warrant as docketed shall become a lien upon the title to and interest in all real and personal property of the worker, beneficiary, or other person against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of such clerk. The sheriff shall then proceed in the same manner and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to support the issuance of writs of garnishment in favor of the department or self-insurer, as the case may be, in the manner provided by law in the case of judgment, wholly or partially unsatisfied. The clerk of the court shall be entitled to a filing fee under RCW 36.18.012(10), which shall be added to the amount of the warrant. A copy of such warrant shall be mailed to the worker, beneficiary, or other person within three days of filing with the clerk.

The ((director, director's designee,)) department or self-insurer, as the case may be, may issue to any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, a notice to withhold and deliver property of any kind if there is reason to believe that there is in the possession of such person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property that is due, owing, or belonging to any worker, beneficiary, or other person upon whom a warrant has been served for payments due the department or self-insurer. The notice and order to withhold and deliver shall be served by certified mail accompanied by an affidavit of service by mailing or served by the sheriff of the county, or by the sheriff's deputy, or by any authorized representative of the ((director, director's designee,)) department or self-insurer. Any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired or in the notice and order to withhold and deliver. In the event there is in the possession of the party named and served with such notice and order, any property that may be subject to the claim of the department or self-insurer, such property shall be delivered forthwith to the ((director, the director's authorized representative,)) department or self-insurer upon demand. If the party served and named in the notice and order fails to answer the notice and order within the time prescribed in this section, the court may, after the time to answer such order has expired, render judgment by default against the party named in the notice for the full amount, plus costs, claimed by the ((director, director's designee,)) department or self-insurer in the notice. In the event that a notice to withhold and deliver is served upon an employer and the property found to be subject thereto is wages, the employer may assert in the answer all exemptions provided for by chapter 6.27 RCW to which the wage earner may be entitled.

This subsection shall only apply to orders assessing an overpayment which are issued on or after July 28, 1991: PROVIDED, That this subsection shall apply retroactively to all orders assessing an overpayment resulting from fraud, civil or criminal.

(7) Orders assessing an overpayment which are issued on or after July 28, 1991, shall include a conspicuous notice of the collection methods available to the department or self-insurer.

Modification of the injured worker's previous job or modification of a new job is recognized as a desirable method of returning the injured worker to gainful employment. In order to assist employers in meeting the costs of job modification, and to encourage employers to modify jobs to accommodate retaining or hiring workers with disabilities resulting from work-related injury, the ((supervisor or the supervisor's designee)) department, in ((his or her)) its discretion, may pay job modification costs in an amount not to exceed five thousand dollars per worker per job modification. This payment is intended to be a cooperative participation with the employer and funds shall be taken from the appropriate account within the second injury fund.

The benefits provided for in this section are available to any otherwise eligible worker regardless of the date of industrial injury.

Upon the occurrence of any injury to a worker entitled to compensation under the provisions of this title, he or she shall receive proper and necessary medical and surgical services at the hands of a physician of his or her own choice, if conveniently located, and proper and necessary hospital care and services during the period of his or her disability from such injury, but the same shall be limited in point of duration as follows:

In the case of permanent partial disability, not to extend beyond the date when compensation shall be awarded him or her, except when the worker returned to work before permanent partial disability award is made, in such case not to extend beyond the time when monthly allowances to him or her shall cease; in case of temporary disability not to extend beyond the time when monthly allowances to him or her shall cease((: PROVIDED, That)). However, after any injured worker has returned to his or her work his or her medical and surgical treatment may be continued if, and so long as, such continuation is deemed necessary by the ((supervisor of industrial insurance)) department or self-insurer, as the case may be, to be necessary to his or her more complete recovery; in case of a permanent total disability not to extend beyond the date on which a lump sum settlement is made with him or her or he or she is placed upon the permanent pension roll((: PROVIDED, HOWEVER, That)). The ((supervisor of industrial insurance)) department, solely in ((his or her)) its discretion, may authorize continued medical and surgical treatment for conditions previously accepted ((by the department)) when such medical and surgical treatment is deemed necessary by the ((supervisor of industrial insurance)) department to protect such worker's life or provide for the administration of medical and therapeutic measures including payment of prescription medications, but not including those controlled substances currently scheduled by the state board of pharmacy as Schedule I, II, III, or IV substances under chapter 69.50 RCW, which are necessary to alleviate continuing pain which results from the industrial injury. In order to authorize such continued treatment the written order of the ((supervisor of industrial insurance)) department issued in advance of the continuation shall be necessary.

The ((supervisor of industrial insurance, the supervisor's designee,)) department or a self-insurer, as the case may be, in ((his or her)) its sole discretion, may authorize inoculation or other immunological treatment in cases in which a work-related activity has resulted in probable exposure of the worker to a potential infectious occupational disease. Authorization of such treatment does not bind the department or self-insurer in any adjudication of a claim by the same worker or the worker's beneficiary for an occupational disease.

Subject to the other provisions of this title, the health services that are available to an injured worker under RCW 51.36.010 include chiropractic care and evaluation. For the purposes of assisting the department or self-insurer in making claims determinations, an injured worker may be required by the department or self-insurer, as the case may be, to undergo examination by a chiropractor licensed under chapter 18.25 RCW.

(1) When the injury to any worker is so serious as to require his or her being taken from the place of injury to a place of treatment, his or her employer shall, at the expense of the medical aid fund, or self-insurer, as the case may be, furnish transportation to the nearest place of proper treatment.

(2) Every worker whose injury results in the loss of one or more limbs or eyes shall be provided with proper artificial substitutes and every worker, who suffers an injury to an eye producing an error of refraction, shall be once provided proper and properly equipped lenses to correct such error of refraction and his or her disability rating shall be based upon the loss of sight before correction.

(3) Every worker whose accident results in damage to or destruction of an artificial limb, eye, or tooth, shall have same repaired or replaced.

(4) Every worker whose hearing aid or eyeglasses or lenses are damaged, destroyed, or lost as a result of an industrial accident shall have the same restored or replaced. The department or self-insurer, as the case may be, shall be liable only for the cost of restoring damaged hearing aids or eyeglasses to their condition at the time of the accident.

(5) All mechanical appliances necessary in the treatment of an injured worker, such as braces, belts, casts, and crutches, shall be provided and all mechanical appliances required as permanent equipment after treatment has been completed shall continue to be provided or replaced without regard to the date of injury or date treatment was completed, notwithstanding any other provision of law.

(6) A worker, whose injury is of such short duration as to bring him or her within the time limit provisions of RCW 51.32.090, shall nevertheless receive during the omitted period medical, surgical, and hospital care and service and transportation under the provisions of this chapter.

(7) Whenever in the sole discretion of the ((supervisor)) department or self-insurer, as the case may be, it is reasonable and necessary to provide residence modifications necessary to meet the needs and requirements of the worker who has sustained catastrophic injury, the department or self-insurer may ((be ordered to)) pay an amount not to exceed the state's average annual wage for one year as determined under RCW 50.04.355((, as now existing or hereafter amended,)) toward the cost of such modifications or construction. Such payment shall only be made for the construction or modification of a residence in which the injured worker resides. Only one residence of any worker may be modified or constructed under this subsection, although ((the supervisor may order)) there may be more than one payment for any one home, up to the maximum amount permitted by this section.

(8)(a) Whenever in the sole discretion of the ((supervisor)) department or self-insurer, as the case may be, it is reasonable and necessary to modify a motor vehicle owned by a worker who has become an amputee or becomes paralyzed because of an industrial injury, the ((supervisor may order)) department or self-insurer may pay up to fifty percent of the state's average annual wage for one year, as determined under RCW 50.04.355, ((to be paid by the department or self-insurer)) toward the costs thereof.

(b) In the sole discretion of the ((supervisor)) department or self-insurer, as the case may be, after ((his or her)) its review, the amount paid under this subsection may be increased by no more than four thousand dollars by written order ((of the supervisor)).

(9) The benefits provided by subsections (7) and (8) of this section are available to any otherwise eligible worker regardless of the date of industrial injury.

Physicians examining or attending injured workers under this title shall comply with rules and regulations adopted by the director, and shall make such reports as may be requested by the department or self-insurer upon the condition or treatment of any such worker, or upon any other matters concerning such workers in their care. Except under RCW 49.17.210 and 49.17.250, all medical information in the possession or control of any person and relevant to the particular injury in the opinion of the department or self-insurer pertaining to any worker whose injury or occupational disease is the basis of a claim under this title shall be made available at any stage of the proceedings to the employer, the claimant's representative, and the department upon request, and no person shall incur any legal liability by reason of releasing such information.

Whenever the ((director)) department or the self-insurer, as the case may be, deems it necessary in order to resolve any medical issue, a worker shall submit to examination by a physician or physicians selected by the ((director)) department or self-insurer, with the rendition of a report to the person ordering the examination. The department or self-insurer shall provide the physician performing an examination with all relevant medical records from the worker's claim file. ((The director, in his or her discretion, may charge)) The cost of such examination ((or examinations to the self-insurer or to the medical aid fund as the case may be)) shall be borne by the self-insurer in a self-insured claim. The cost of said examination shall include payment to the worker of reasonable expenses connected therewith.

(1) If a self-insurer unreasonably delays or refuses to ((pay)) provide benefits to the worker as they become due ((there shall be paid by the self-insurer upon order of the director)), but not after an order closing the claim has become final by operation of law, the department may order the self-insured employer to pay an additional amount equal to five hundred dollars or twenty-five percent of the amount then due, whichever is greater, which shall accrue for the benefit of the claimant and shall be paid to him with the benefits which may be assessed under this title. ((The director shall issue an order determining whether there was an unreasonable delay or refusal to pay benefits within thirty days upon the request of the claimant. Such an order))

(2) The department may summarily deny a request for penalties if on its face it is deemed frivolous; in all other cases the department shall require the self-insured employer to file a written, substantive response. In such event, the self-insured employer shall have twenty working days to provide relevant documents to the department and respond to the request for penalties by the claimant. The department shall issue an order determining whether there was an unreasonable delay or refusal to pay benefits within sixty days after receipt of the documents requested from the self-insurer. Failure of the department to review the request and issue a timely order shall result in the issuance of an order denying the request for penalties. Any order under this section shall conform to the requirements of RCW 51.52.050.

(3) In an allowed claim, the worker may request the department to direct the self-insurer to issue an order concerning the provision of benefits. The department may make such inquiries as circumstances require. If the department requests information from a self-insurer by certified mail, the self-insurer shall submit all information in its possession concerning the claim within ten working days from the date of receipt of such certified notice. The department may in writing direct the self-insurer to issue an order within ninety days, or to provide good cause why an order cannot be issued. If the self-insurer fails to issue an order or to provide good cause within ninety days, the department may, within thirty days, issue an order determining whether the worker is entitled to the benefits and, if so, directing the self-insurer to provide the benefits.

(1) The books, records and payrolls of the employer pertinent to the administration of this title shall always be open to inspection by the department or its traveling auditor, agent or assistant, for the purpose of ascertaining the correctness of the payroll, the persons employed, and such other information as may be necessary for the department and its management under this title.

(2) Refusal on the part of the employer to submit his or her books, records and payrolls for such inspection to the department, or any assistant presenting written authority from the director, shall subject the offending employer to a penalty determined by the director but not to exceed two hundred fifty dollars for each offense and the individual who personally gives such refusal is guilty of a misdemeanor.

(3) Any employer who fails to allow adequate inspection in accordance with the requirements of this section is subject to having its certificate of coverage revoked by order of the department and is forever barred from questioning in any proceeding in front of the board of industrial insurance appeals or any court, the correctness of any assessment by the department based on any period for which such records have not been produced for inspection.

(4) Claims processing practices of self-insured employers are subject to audit by the department. Supporting documentation and records shall be maintained in accordance with RCW 51.14.110.

(5) Audits of self-insured employers by the department shall be conducted as necessary to determine compliance with this title and rules adopted by the department to carry out the purposes of this title, but shall not disturb any prior final orders issued in good faith by the self-insured employer that have become final by operation of law.

(6) If within two years of claim closure the department determines by audit that the self-insurer has made payment of benefits because of clerical error, mistake of identity, or innocent misrepresentation, the department may require the self-insurer to correct the benefits paid or payable. Any such order as a result of an audit shall not disturb the order closing the claim.

(4) Claims processing practices of self-insured employers are subject to audit by the department. Supporting documentation and records shall be maintained in accordance with RCW 51.14.110.

(1) Every person, firm or corporation who violates or fails to obey, observe or comply with any rule of the department ((promulgated)) adopted under authority of this title, shall be subject to a penalty of not to exceed five hundred dollars.

(2) Except as provided in subsection (3) of this section, the department may impose penalties not to exceed two thousand five hundred dollars against a self-insured employer when it determines by audit pursuant to RCW 51.48.040 that the self-insured employer has:

(a) Failed to pay or provide benefits to a worker or on a worker's behalf on a timely basis;

(d) Failed to issue orders closing a claim within sixty days after the attending physician has found an injured worker to be fixed and stable and a permanent disability level has been established by a preponderance of the medical evidence.

(3) The department may impose penalties not to exceed twenty-five thousand dollars against a self-insured employer when it determines by audit pursuant to RCW 51.48.040 that the self-insured employer has intentionally and repeatedly committed violations set forth in subsection (2)(a) through (d) of this section.

(4) Self-insured employer audits discovering claims processing and clerical errors not involving violations set forth in subsection (2)(a) through (d) of this section are not subject to assessment of penalties.

(5) The department shall adopt a schedule of penalties that will take into account the severity and number of violations.

(6) Orders imposing penalties for violations described in this section shall conform to the requirements of RCW 51.52.050.

(1) Except as provided in RCW 51.32.095, whenever the department or self-insurer has made any order, decision, or award, it shall promptly serve the worker, beneficiary, employer, or other person affected thereby, with a copy thereof by mail, which shall be addressed to such person at his or her last known address as shown by the records of the department or self-insurer, as the case may be. The copy, in case the same is a final order, decision, or award, shall bear on the same side of the same page on which is found the amount of the award, a statement, set in black faced type of at least ten point body or size, that such final order, decision, or award shall become final within sixty days from the date the order is communicated to the parties unless a written request for reconsideration is filed with the department of labor and industries, Olympia, and in cases involving a self-insurer with the self-insurer, or an appeal is filed with the board of industrial insurance appeals, Olympia((: PROVIDED, That)). However, a department order or decision making demand, whether with or without penalty, for repayment of sums paid to a provider of medical, dental, vocational, or other health services rendered to an industrially injured worker, shall state that such order or decision shall become final within twenty days from the date the order or decision is communicated to the parties unless a written request for reconsideration is filed with the department of labor and industries, Olympia, or an appeal is filed with the board of industrial insurance appeals, Olympia.

(2) Except as provided in RCW 51.32.095, whenever the department or self-insurer has taken any action or made any decision relating to any phase of the administration of this title the worker, beneficiary, employer, or other person aggrieved thereby may request reconsideration ((of the department)), or may appeal to the board. In an appeal before the board, the appellant shall have the burden of proceeding with the evidence to establish a prima facie case for the relief sought in such appeal((: PROVIDED, That)). However, in an appeal from an order of ((the department)) that alleges fraud, the department or self-insured employer shall initially introduce all evidence in its case in chief. Any such person aggrieved by the decision and order of the board may thereafter appeal to the superior court, as prescribed in this chapter.

(3) Except as provided in RCW 51.32.095, if the department is requested to reconsider an order issued by a self-insurer, the department shall promptly request the file from the self-insurer. The department must issue an order affirming, modifying, reversing, or remanding the order within sixty days of receipt of the file from the self-insurer. However, for good cause, the department may once extend the time for issuing an order for an additional sixty days. If the department fails to issue an order within the time frames specified in this section, the self-insurer's order is deemed affirmed, subject to appeal. Upon receipt of the file in a request for reconsideration, the department shall notify all parties of the dates the department received the request and file, respectively, and the date upon which the self-insurer's order will be deemed affirmed if the department fails to take action. The notice shall also inform the parties that any appeal pursuant to RCW 51.52.060 must be filed within sixty days from the date the order is deemed affirmed. If such appeal is filed, the department may not direct submission of further evidence under RCW 51.52.060.

Sec. 50. RCW 51.52.060 and 1995 c 253 s 1 and 1995 c 199 s 7 are each reenacted and amended to read as follows:

(1)(a) Except as otherwise specifically provided in this section, a worker, beneficiary, employer, health services provider, or other person aggrieved by an order, decision, or award of the department or self-insurer must, before he or she appeals to the courts, file with the board and the director, by mail or personally, and in cases involving a self-insurer, with the self-insurer, within sixty days from the day on which a copy of the order, decision, or award was communicated to such person, a notice of appeal to the board. However, a health services provider or other person aggrieved by a department order or decision making demand, whether with or without penalty, solely for repayment of sums paid to a provider of medical, dental, vocational, or other health services rendered to an industrially injured worker must, before he or she appeals to the courts, file with the board and the director, by mail or personally, within twenty days from the day on which a copy of the order or decision was communicated to the health services provider upon whom the department order or decision was served, a notice of appeal to the board.

(b) Failure to file a notice of appeal with ((both)) the board ((and)), the department, and the self-insurer, if applicable, shall not be grounds for denying the appeal if the notice of appeal is filed with ((either)) the board ((or)), the department, or the self-insurer. If the notice of appeal does not demonstrate, on its face, that it was sent to the department, the board, and the self-insurer, if applicable, the recipient shall forward a copy of the notice to the other parties not served.

(2) Within ten days of the date on which an appeal has been granted by the board, the board shall notify the other interested parties to the appeal of the receipt of the appeal and shall forward a copy of the notice of appeal to the other interested parties. Within twenty days of the receipt of such notice of the board, the worker or the employer may file with the board a cross-appeal from the order ((of the department)) from which the original appeal was taken.

(3) If within the time limited for filing a notice of appeal to the board from an order, decision, or award ((of the department)), the department directs the submission of further evidence or the investigation of any further fact, the time for filing the notice of appeal shall not commence to run until the person has been advised in writing of the final decision of the department in the matter. In the event the department directs the submission of further evidence or the investigation of any further fact, as provided in this section, the department shall render a final order, decision, or award within ninety days from the date further submission of evidence or investigation of further fact is ordered which time period may be extended by the department for good cause stated in writing to all interested parties for an additional ninety days.

(4) The department, either within the time limited for appeal, or within thirty days after receiving a notice of appeal, may:

(b)(i) Except as provided in (b)(ii) of this subsection, hold an order, decision, or award in abeyance for a period of ninety days which time period may be extended by the department for good cause stated in writing to all interested parties for an additional ninety days pending further investigation in light of the allegations of the notice of appeal; or

(ii) Hold an order, decision, or award issued under RCW 51.32.160 in abeyance for a period not to exceed ninety days from the date of receipt of an application under RCW 51.32.160. The department may extend the ninety-day time period for an additional sixty days for good cause.

For purposes of this subsection, good cause includes delay that results from conduct of the claimant that is subject to sanction under RCW 51.32.110.

The board shall deny the appeal upon the issuance of an order under (b)(i) or (ii) of this subsection holding an earlier order, decision, or award in abeyance, without prejudice to the appellant's right to appeal from any subsequent determinative order issued by the department.

This subsection (4)(b) does not apply to applications deemed granted under RCW 51.32.160.

(5) An employer shall have the right to appeal an application deemed granted under RCW 51.32.160 on the same basis as any other application adjudicated pursuant to that section.

(6) A provision of this section shall not be deemed to change, alter, or modify the practice or procedure of the department for the payment of awards pending appeal.

Sec. 51. RCW 51.52.070 and 1977 ex.s. c 350 s 77 are each amended to read as follows:

The notice of appeal to the board shall set forth in full detail the grounds upon which the person appealing considers such order, decision, or award is unjust or unlawful, and shall include every issue to be considered by the board, and it must contain a detailed statement of facts upon which such worker, beneficiary, employer, or other person relies in support thereof. The worker, beneficiary, employer, or other person shall be deemed to have waived all objections or irregularities concerning the matter on which such appeal is taken other than those specifically set forth in such notice of appeal or appearing in the records of the department or self-insurer. The department or self-insurer shall promptly transmit its original record, or a legible copy thereof produced by mechanical, photographic, or electronic means, in such matter to the board.

Sec. 52. RCW 51.52.080 and 1971 ex.s. c 289 s 69 are each amended to read as follows:

If the notice of appeal raises no issue or issues of fact and the board finds that the department or self-insurer properly and lawfully decided all matters raised by such appeal it may, without further hearing, deny the same and confirm the ((department's)) decision or award, or if the ((department's)) record sustains the contention of the person appealing to the board, it may, without further hearing, allow the relief asked in such appeal; otherwise, it shall grant the appeal.

NEW SECTION. Sec. 53. A new section is added to chapter 51.14 RCW to read as follows:

For purposes of this title, "department or self-insurer, as the case may be," means the department in claims insured by the state fund, and the self-insurer in claims self-insured by the employer.

NEW SECTION. Sec. 54. RCW 51.32.190 (Self-insurers--Notice of denial of claim, reasons--Procedure--Powers and duties of director) and 1996 c 58 s 2, 1982 1st ex.s. c 20 s 3, 1977 ex.s. c 350 s 54, 1972 ex.s. c 43 s 25, & 1971 ex.s. c 289 s 47 are each repealed.

NEW SECTION. Sec. 55. This act applies to all open claims and claims for which an application to reopen pursuant to RCW 51.32.160 is filed or pending on or after January 1, 2006.

NEW SECTION. Sec. 56. (1) Except for section 47 of this act, this act takes effect January 1, 2006.

Senator Brown moved that further consideration of Senate Bill No. 6317 be deferred and the bill hold it's place on the second reading calendar.

The President declared the question before the Senate to be the motion by Senator Brown for a roll call and the demand was sustained.

Senator Honeyford spoke against the motion to defer further consideration of Senate Bill No. 6317.

Senator Brown spoke in favor of the motion to defer further consideration of Senate Bill No. 6317.

The President declared the question before the Senate to be the motion by Senator Brown to defer further consideration of Senate Bill No. 6317 and hold it’s place on the second reading calendar.

The Secretary called the roll on the motion by Senator Brown to defer Senate Bill No. 6317 and the motion failed by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 23.

Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Roach, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 26.

Senator Spanel moved that the Senate recess for twenty-five minutes for purpose of caucus.

Senator Esser objected to the motion by Senator Spanel that the Senate recess for twenty-five minutes.

The President declared the question before the Senate to be the motion by Senator Spanel that the Senate recess for twenty-five minutes for the purpose of caucus.

The Secretary called the roll on the motion by Senator Spanel to recess and the motion failed by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

Senator Brown demanded a roll on the motion by Senator Esser to demand the previous question.

The President declared the question before the Senate to be the motion by Senator Esser, “Shall the main question be now put?.”

The Secretary called the roll on the motion by Senator Esser, “Shall the main question be now put?” and the motion passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Roach, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 26.

Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 23.

Senator Doumit: “A point of order. I’m wondering, the parliamentary rules on having a previous question on a bill prior to the debate of that bill? We’ve only debated the amendment, we haven’t debated final passage.”

President Owen: “Senator Doumit, the motion for the previous question would be on the striking amendment. It’s not on the bill.”

Senator Poulsen demanded a roll call on the adoption of the striking amendment and the demand was sustained.

Senator Poulsen: “Just a point of inquiry. Are there amendments to this amendment on the bar?”

President Owen: “The President believes that some amendments have come in. They came in after the motion to demand the previous question, therefore they would be out of order if the previous question motion passed which it did.”

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Honeyford.

The Secretary called the roll on the striking amendment by Senator Honeyford to Senate Bill No. 6317 and the striking amendment was adopted by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

On page 1, line 2 of the title, after "claims;" strike the remainder of the title and insert "amending RCW 51.04.020, 51.04.030, 51.04.040, 51.04.085, 51.08.040, 51.08.173, 51.14.110, 51.14.120, 51.14.130, 51.16.120, 51.24.030, 51.24.050, 51.24.060, 51.24.070, 51.24.080, 51.24.090, 51.28.010, 51.28.020, 51.28.030, 51.28.040, 51.28.055, 51.28.060, 51.28.070, 51.32.010, 51.32.040, 51.32.055, 51.32.060, 51.32.080, 51.32.095, 51.32.110, 51.32.160, 51.32.195, 51.32.210, 51.32.220, 51.32.225, 51.32.230, 51.32.240, 51.32.250, 51.36.010, 51.36.015, 51.36.020, 51.36.060, 51.36.070, 51.48.017, 51.48.040, 51.48.040, 51.48.080, 51.52.050, 51.52.070, and 51.52.080; reenacting and amending RCW 51.52.060; adding new sections to chapter 51.14 RCW; creating a new section; repealing RCW 51.32.190; providing effective dates; and providing an expiration date."

On motion of Senator Esser, the rules were suspended, Engrossed Senate Bill No. 6317 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6317.

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6317 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 29.

Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 20.

ENGROSSED SENATE BILL NO. 6317, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6113, by Senators T. Sheldon, Swecker, Haugen, Zarelli, Rasmussen and Benton

Ensuring sales and use tax proceeds in rural counties are being used for authorized purposes. Revised for 1st Substitute: Modifying the rural county sales and use tax.

On motion of Senator Sheldon, T., Substitute Senate Bill No. 6113 was substituted for Senate Bill No. 6113 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Sheldon, T., the rules were suspended, Substitute Senate Bill No. 6113 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6113.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6113 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SUBSTITUTE SENATE BILL NO. 6113, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Esser, Substitute Senate Bill No. 5408 was substituted for Senate Bill No. 5408 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5408 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5408.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5408 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SUBSTITUTE SENATE BILL NO. 5408, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Johnson, Substitute Senate Bill No. 6527 was substituted for Senate Bill No. 6527 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6527 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6527.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6527 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SUBSTITUTE SENATE BILL NO. 6527, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 5428, by Senators Finkbeiner, Haugen, Horn and Shin; by request of Department of Licensing

On motion of Senator Horn, Substitute Senate Bill No. 5428 was substituted for Senate Bill No. 5428 and the substitute bill was placed on second reading and read the second time.

Senator Horn moved that the following striking amendment by Senator Horn be adopted:

"NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:

"Electronic commerce" may include, but is not limited to, transactions conducted over the Internet or by telephone or other electronic means.

The department may not issue an identicard or a Washington state driver's license that is valid for identification purposes unless the applicant meets the identification requirements of subsection (1), (2), or (3) of this section.

(1) A driver's license or identicard applicant must provide the department with at least one of the following pieces of valid identifying documentation that contains the signature and a photograph of the applicant:

(a) A valid or recently expired driver's license or instruction permit that includes the date of birth of the applicant;

(b) A Washington state identicard or an identification card issued by another state;

(c) An identification card issued by the United States, a state, or an agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency;

(2) An applicant who is a minor may establish identity by providing an affidavit of the applicant's parent or guardian. The parent or guardian must accompany the minor and display or provide:

(a) At least one piece of documentation in subsection (1) of this section establishing the identity of the parent or guardian; and

(b) Additional documentation establishing the relationship between the parent or guardian and the applicant.

(3) A person unable to provide identifying documentation as specified in subsection (1) or (2) of this section may request that the department review other available documentation in order to ascertain identity. The department may waive the requirement if it finds that other documentation clearly establishes the identity of the applicant.

(4) An identicard or a driver's license that includes a photograph that has been renewed by mail or by electronic commerce is valid for identification purposes if the applicant met the identification requirements of subsection (1), (2), or (3) of this section at the time of previous issuance.

(5) The form of an applicant's name, as established under this section, ((must be)) is the person's name of record for the purposes of this chapter.

(((5))) (6) If the applicant is unable to prove his or her identity under this section, the department shall plainly label the license "not valid for identification purposes."

Sec. 3. RCW 46.20.055 and 2002 c 352 s 10 and 2002 c 195 s 2 are each reenacted and amended to read as follows:

(1) Driver's instruction permit. The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a fee of fifteen dollars, and meets the following requirements:

(ii) Is enrolled in a traffic safety education program offered, approved, and accredited by the superintendent of public instruction or offered by a ((driving [driver])) driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.

(2) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in:

(b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1).

The department may require proof of registration in such a course as it deems necessary.

(3) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:

(b) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.

(4) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue.

(b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.

Sec. 4. RCW 46.20.070 and 2002 c 352 s 11 and 2002 c 195 s 3 are each reenacted and amended to read as follows:

(1) Agricultural driving permit authorized. The director may issue a juvenile agricultural driving permit to a person under the age of eighteen years if:

(a) The application is signed by the applicant and the applicant's father, mother, or legal guardian;

(d) The department has determined the applicant is capable of operating a motor vehicle without endangering himself or herself or other persons and property; and

(2) Effect of agricultural driving permit. (a) The permit authorizes the holder to:

(i) Drive a motor vehicle on the public highways of this state in connection with farm work. The holder may drive only within a restricted farming locality described on the permit; and

(ii) Participate in the classroom portion of a traffic safety education course authorized under RCW 28A.220.030 or the classroom portion of a traffic safety education course offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW offered in the community where the holder resides.

(b) The director may transfer the permit from one farming locality to another. A transfer is not a renewal of the permit.

(3) Term and renewal of agricultural driving permit. An agricultural driving permit expires one year from the date of issue.

(a) A person under the age of eighteen who holds a permit may renew the permit by paying a fee of fifteen dollars.

(b) A person applying to renew an agricultural driving permit must submit the application to the department in person.

(c) An agricultural driving permit is invalidated when a permittee attains age eighteen. In order to drive a motor vehicle on a highway he or she must obtain a motor vehicle driver's license under this chapter.

(4) Suspension, revocation, or cancellation. The director has sole discretion to suspend, revoke, or cancel a juvenile agricultural driving permit if:

(a) The permittee has been found to have committed an offense that requires mandatory suspension or revocation of a driver's license; or

(b) The director is satisfied that the permittee has violated the permit's restrictions.

(1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:

(c) Pays the required fee. The fee is fifteen dollars unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services. For those persons the fee must be the actual cost of production of the identicard.

(a) Be distinctly designed so that it will not be confused with the official driver's license; and

(b) Expire on the fifth anniversary of the applicant's birthdate after issuance.

(3) Renewal. An application for identicard renewal may be submitted by means of:

(b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired. However, the department may accept an application for renewal of an identicard submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.

An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.

(4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.

An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department shall give examinations at places and times reasonably available to the people of this state.

(a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or

(b) The actual demonstration of the ability to operate a motor vehicle if the applicant:

(i) Surrenders a valid driver's license issued by the person's previous home state; and

(2) Fee. Each applicant for a new license must pay an examination fee of ten dollars.

(a) The examination fee is in addition to the fee charged for issuance of the license.

(ii) Whose last previous Washington license has been expired for more than five years.

(b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her license by mail or by electronic commerce when it last expired. However, the department may accept an application for renewal of a driver's license submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.

(4) A person whose license expired or will expire ((on or after January 1, 1998,)) while he or she ((was or)) is living outside the state, may:

(a) Apply to the department to extend the validity of his or her license for no more than twelve months. If the person establishes to the department's satisfaction that he or she is unable to return to Washington before the date his or her license expires, the department shall extend the person's license. The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed twelve months. An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181. The department shall charge a fee of five dollars for each license extension;

(b) Apply to the department to renew his or her license by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section would not otherwise allow renewal by that means. If the person establishes to the department's satisfaction that he or she is unable to return to Washington within twelve months of the date that his or her license expires, the department shall renew the person's license by mail or, if permitted by rule of the department, by electronic commerce.

(5) If a qualified person ((qualifies for a mail-in)) submits an application for renewal under subsection (3)(b) or (4)(b) of this section, he or she is not required to pass an examination nor provide an updated photograph. ((He or she must, however, pay the fee required by RCW 46.20.181 plus an additional five-dollar mail-in renewal fee.)) A license renewed by mail or by electronic commerce that does not include a photograph of the licensee must be labeled "not valid for identification purposes."

(((4) If a person's driver's license is extended or renewed under subsection (3) of this section while he or she is outside the state, he or she must submit to the examination required under this section within sixty days of returning to this state. The department will not assess a penalty or examination fee for the examination.))

(1) Before issuing an original license or ((identification card)) identicard or renewing a license or ((identification card)) identicard under this chapter, the licensing agent shall determine if the applicant wants to register to vote or transfer his or her voter registration by asking the following question:

If the applicant chooses to register or transfer a registration, the agent shall state the following:

"I would like to remind you that you must be a United States citizen and at least eighteen years of age in order to vote."

The agent shall then provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to register to vote or transfer a voter registration.

(2) The department shall establish a procedure that substantially meets the requirements of subsection (1) of this section when permitting an applicant to renew a license or identicard by mail or by electronic commerce.

(1) The commercial driver's license must be marked "commercial driver's license" or "CDL," and must be, to the maximum extent practicable, tamperproof. It must include, but not be limited to, the following information:

(e) The person's Social Security number or any number or identifier deemed appropriate by the department;

(g) The class or type of commercial motor vehicle or vehicles that the person is authorized to drive, together with any endorsements or restrictions;

(2) Commercial driver's licenses may be issued with the classifications, endorsements, and restrictions set forth in this subsection. The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles that require an endorsement, unless the proper endorsement appears on the license.

(i) Class A is a combination of vehicles with a gross combined weight rating (GCWR) of 26,001 pounds or more, if the GVWR of the vehicle being towed is in excess of 10,000 pounds.

(ii) Class B is a single vehicle with a GVWR of 26,001 pounds or more, and any such vehicle towing a vehicle not in excess of 10,000 pounds.

(iii) Class C is a single vehicle with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds consisting of:

(A) Vehicles designed to transport sixteen or more passengers, including the driver; or

(B) Vehicles used in the transportation of hazardous materials that requires the vehicle to be identified with a placard under 49 C.F.R., part 172, subpart F.

(i) "H" authorizes the driver to drive a vehicle transporting hazardous materials.

(v) "P2" authorizes driving vehicles with a GVWR of less than 26,001 pounds carrying sixteen or more passengers, including the driver.

(vii) "X" represents a combination of hazardous materials and tank vehicle endorsements.

The license may be issued with additional endorsements and restrictions as established by rule of the director.

(3) All school bus drivers must have either a "P1" or "P2" endorsement depending on the GVWR of the school bus being driven.

(4) Before issuing a commercial driver's license, the department shall obtain driving record information through the commercial driver's license information system, the national driver register, and from the current state of record.

(5) Within ten days after issuing a commercial driver's license, the department must notify the commercial driver's license information system of that fact, and provide all information required to ensure identification of the person.

(6) A commercial driver's license shall expire in the same manner as provided in RCW 46.20.181.

(7) When applying for renewal of a commercial driver's license, the applicant shall:

(a) Complete the application form required by RCW 46.25.070(1), providing updated information and required certifications((.));

(c) If the applicant wishes to retain a hazardous materials endorsement, ((the applicant shall)) take and pass the written test for a hazardous materials endorsement.

The department may adopt necessary rules and procedures to allow use of credit and debit cards for payment of fees and excise taxes to the department and its agents or subagents related to the licensing of drivers, the issuance of identicards, and vehicle and vessel titling and registration. The department may establish a convenience fee to be paid by the credit or debit card user whenever a credit or debit card is chosen as the payment method. The fee must be sufficient to offset the charges imposed on the department and its agents and subagents by credit and debit card companies. In no event may the use of credit or debit cards authorized by this section create a loss of revenue to the state.

The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution."

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Horn to Substitute Senate Bill No. 5428.

The motion by Senator Horn carried and the striking amendment was adopted by voice vote.

In line 2 of the title, after "means;" strike the remainder of the title and insert "amending RCW 46.20.035, 46.20.117, 46.20.120, 46.20.155, 46.25.080, and 46.01.235; reenacting and amending RCW 46.20.055 and 46.20.070; and adding a new section to chapter 46.04 RCW."

On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 5428 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Mulliken: “Would Senator Horn yield to a question? The question that I have is on page four of the striking amendment. I’m not quite sure that I understand the ramifications. This is not about online registration, this is about a person applying to renew an agriculture driving permit must submit the application to the department in person. Agriculture and rural don’t always have a department near enough to make it possible in person.”

Senator Horn: “I think what we’re saying is a agriculture driving permit that has special situations can’t be done over the internet. As you know people who get those agricultural license do make the application now. DOL has to visit with them, they set up the conditions the routes that they would drive and so that would mean that process would continue as is and not be subject to renewal over the internet.”

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5428.

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5428 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Hale, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Murray, Oke, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Swecker and Winsley - 37.

Voting nay: Senators Franklin, Fraser, Hargrove, Honeyford, McAuliffe, Mulliken, Parlette, Spanel, Stevens, Thibaudeau and Zarelli - 11.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5428, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

Allowing water-sewer districts to set connection charges for future facilities. Revised for 1st Substitute: Regarding temporary water-sewer connections.

On motion of Senator Roach, Substitute Senate Bill No. 6208 was substituted for Senate Bill No. 6208 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 6208 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6208.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6208 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SUBSTITUTE SENATE BILL NO. 6208, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

Changing the scope of the Washington insurance guarantee association act. (REVISED FOR ENGROSSED: Creating the longshore and harbor workers' compensation act insurance guarantee committee.)

Senator Benton moved that the following striking amendment by Senators Benton and Prentice be adopted:

"NEW SECTION. Sec. 1. The legislature finds that the policyholders of United States longshore and harbor workers' compensation act insurers are not protected from the insolvency and liquidation of these insurers. The legislature further finds that it is in the best interest of the citizens of this state to provide a mechanism to protect the policyholders from the insolvency of their insurer.

The insurance commissioner shall create a committee to determine the best method to provide protection to longshore and harbor workers' compensation act insurance policyholders and employees. The committee shall be known as the longshore and harbor workers' compensation act insurance guarantee committee. The committee shall be chaired by the insurance commissioner who shall appoint a member representing each of the following: Labor, the United States longshore and harbor workers' compensation act assigned risk plan, a marine employer, a solvent United States longshore and harbor workers' compensation act insurer, a director of the Washington insurance guaranty association, an agent or broker actively placing risks with a United States longshore and harbor workers' compensation act insurance carrier, and the department of labor and industries as an ex officio member. The committee shall be staffed by the office of the insurance commissioner and meet at the call of the insurance commissioner.

The committee shall make written recommendations to the legislature before December 1, 2004."

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Benton and Prentice to Senate Bill No. 6158.

The motion by Senator Benton carried and the striking amendment was adopted by voice vote.

On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "and creating a new section."

On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 6158 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6158.

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6158 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

ENGROSSED SENATE BILL NO. 6158, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6437, by Senators Horn, Haugen, Swecker, Mulliken, Murray, Esser, Schmidt and Shin

On motion of Senator Horn, Substitute Senate Bill No. 6437 was substituted for Senate Bill No. 6437 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 6437 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6437.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6437 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SUBSTITUTE SENATE BILL NO. 6437, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6357, by Senators Johnson, Keiser, Esser, Eide, Prentice, McCaslin, Rasmussen, Winsley and Oke

On motion of Senator Johnson, the rules were suspended, Senate Bill No. 6357 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6357.

The Secretary called the roll on the final passage of Senate Bill No. 6357 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SENATE BILL NO. 6357, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

Senator Sheahan: “A point of personal privilege. Thank you Mr. President and members of the body. I have some sad news to pass along to the members of the Senate today. One of my mentors and a good friend and a friend of many people in this body passed away on Sunday. Senator Pat Patterson. He was the Senator from the ninth district. Senator Patterson again was a very good friend of mine. He was born in Pullman, he was the head WSU Alumni Relations for twenty-four years; member of the Legislature for twenty years including twelve years here in the Senate; and as you know, I know Senator Haugen worked very close, closely with him on transportation issues. He was very bi-partisan, a wonderful man and he also married his childhood sweetheart from Pullman, Maxine, who many of you probably know. What you probably don’t know, I’m sure he never talked about it because he’s a very humble guy. He served in the Army, he earned the Bronze Star and Purple Heart serving in the South Pacific at Guadalcanal and New Georgia. On a personal note, he was my mentor. When I was in high school, I was a Page for him when he served in the House of Representatives. When I finished law school I called him up and I said, ‘Senator Patterson, I’d like to work in the Legislature’ and he said, ‘Come work for me in 1997.’ I worked for him as his session aide. And so he was a wonderful guy and wonderful family man and I just wanted to let all you know that he passed away and to send my condolences on behalf of the Senate to his wonderful seven children and his lovely wife, Maxine. Thank you Mr. President.”

Senator Deccio: “A point of personal privilege. I too mourn the passing of Gean Patterson (Pat). Pat had the terrible job of being my mentor when I went to the House. I sat right next to him and I think often times he thought of resigning. Pat was a great guy. The days that we spoke on the floor, I didn’t but he did. We played penny Ante poker and Bob McCaslin always won. No, Pat was a great guy and he’s one of those who broke the mold and certainly agree with the remarks made by the Senator.”

Senator McCaslin: “A point of personal privilege. Of course Pat and I were friends. We didn’t always agree on everything but at the end of every session someone in caucus would yell ‘crunch bird story’. Remember that Alex? I can’t tell that in mixed company, meaning mixed Republicans and mixed Democrats. But Pat always told that story and he just brought the house down but it kind of relieved the caucus because as we all know at the end of any session, it gets pretty tense, but we played poker with Pat. Alex, he was one of the slowest poker players I’ve ever seen in my life. Used to just drive me crazy. ‘Are you going to bet or not?’ you know, someone would yell at him and he also was a golf instructor. He was also very slow at golf and if you’re a fast golfer, like some of the pros are, you know it kind of get’s you nervous. Terrific individual, terrific Senator and terrific family man and we’ll all miss him.”

Senator Haugen: “A point of personal privilege. Well, I have to stand and tell what a great man he was for transportation in the state of Washington. He was someone who recognized that transportation was an important element for the total state of Washington. He really did work hard to make sure that all parts of the state of Washington was taken care of and he recognized the big picture. He was here during the time when we did pass gas tax. And he was one who led the charge on it, because he recognized how important it was for people his areas as well as ours. He was a fine man, somebody that we all are going to miss dearly. He was the kind of person that really was a statesman, a statesman not only for the people that he represented but for all of us. I wish his family every blessing there is during this time and I know that they have a lot of great memories because he was such a great man. Their lives are a lot better because he was here.”

At 12:04 p.m., on motion of Senator Esser, the Senate was declared to be at ease subject to the Call of the President.

SENATE BILL NO. 6153, by Senators Prentice, Eide, Haugen, Winsley, Kohl-Welles and Kline

Notifying home buyers of where information regarding registered sex offenders may be obtained.

On motion of Senator Prentice, Substitute Senate Bill No. 6153 was substituted for Senate Bill No. 6153 and the substitute bill was placed on second reading and read the second time.

Senator Prentice moved that the following striking amendment by Senators Prentice and Benton be adopted:

(1) In a transaction for the sale of residential property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement, or unless the transfer is exempt under RCW 64.06.010, deliver to the buyer a completed seller disclosure statement in the following format and that contains, at a minimum, the following information:

Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA". If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller.

THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT. . . . . . . . . . . . . .

SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.

THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES.

		I. SELLER'S DISCLOSURES:
If you answer "Yes" to a question with an asterisk (), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet.
						1. TITLE
[ ] Yes		[ ] No		[ ] Don't know		A. Do you have legal authority to sell the property? If no, please explain.
[ ] Yes		[ ] No		[ ] Don't know		*B. Is title to the property subject to any of the following?
							(1) First right of refusal
							(2) Option
							(3) Lease or rental agreement
							(4) Life estate?
[ ] Yes		[ ] No		[ ] Don't know		*C. Are there any encroachments, boundary agreements, or boundary disputes?
[ ] Yes		[ ] No		[ ] Don't know		*D. Are there any rights of way, easements, or access limitations that may affect the Buyer's use of the property?
[ ] Yes		[ ] No		[ ] Don't know		*E. Are there any written agreements for joint maintenance of an easement or right of way?
[ ] Yes		[ ] No		[ ] Don't know		*F. Is there any study, survey project, or notice that would adversely affect the property?
[ ] Yes		[ ] No		[ ] Don't know		*G. Are there any pending or existing assessments against the property?
[ ] Yes		[ ] No		[ ] Don't know		*H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling?
[ ] Yes		[ ] No		[ ] Don't know		*I. Is there a boundary survey for the property?
[ ] Yes		[ ] No		[ ] Don't know		*J. Are there any covenants, conditions, or restrictions which affect the property?
						2. WATER
						A. Household Water
							(1) The source of water for the property is: [ ] Private or publicly owned water system [ ] Private well serving only the subject property . . . . . . *[ ] Other water system
[ ] Yes		[ ] No		[ ] Don't know			*If shared, are there any written agreements?
[ ] Yes		[ ] No		[ ] Don't know			*(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source?
[ ] Yes		[ ] No		[ ] Don't know			*(3) Are there any known problems or repairs needed?
[ ] Yes		[ ] No		[ ] Don't know			(4) During your ownership, has the source provided an adequate year round supply of potable water? If no, please explain.
[ ] Yes		[ ] No		[ ] Don't know			*(5) Are there any water treatment systems for the property? If yes, are they [ ]Leased [ ]Owned
						B. Irrigation
[ ] Yes		[ ] No		[ ] Don't know			(1) Are there any water rights for the property, such as a water right, permit, certificate, or claim?
[ ] Yes		[ ] No		[ ] Don't know			*(a) If yes, have the water rights been used during the last five years?
[ ] Yes		[ ] No		[ ] Don't know			*(b) If so, is the certificate available?
						C. Outdoor Sprinkler System
[ ] Yes		[ ] No		[ ] Don't know			(1) Is there an outdoor sprinkler system for the property?
[ ] Yes		[ ] No		[ ] Don't know			(2) If yes, are there any defects in the system? . . . . . .
[ ] Yes		[ ] No		[ ] Don't know			*(3) If yes, is the sprinkler system connected to irrigation water?
						3. SEWER/ON-SITE SEWAGE SYSTEM
						A. The property is served by: [ ] Public sewer system, [ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe:
						. . . . . . . . . . . . . . . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain.
						. . . . . . . . . . . . . . . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service?
						D. If the property is connected to an on-site sewage system:
[ ] Yes		[ ] No		[ ] Don't know			*(1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction?
							(2) When was it last pumped:
							. . . . . . . . . . . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know			*(3) Are there any defects in the operation of the on-site sewage system?
				[ ] Don't know			(4) When was it last inspected?
							. . . . . . . . . . . . . . . . . . . .
							By Whom: . . . . . . . . . .
				[ ] Don't know			(5) For how many bedrooms was the on-site sewage system approved ?
							. . . . . . . . . . . . bedrooms
[ ] Yes		[ ] No		[ ] Don't know		E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: . . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		*F. Have there been any changes or repairs to the on-site sewage system?
[ ] Yes		[ ] No		[ ] Don't know		G. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain. . . . . . . . . . . . . . . . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		H. Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? If yes, please explain. . . . . . . . . . . . . . . . . . . . . . . . .
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES
						4. STRUCTURAL
[ ] Yes		[ ] No		[ ] Don't know		*A. Has the roof leaked?
[ ] Yes		[ ] No		[ ] Don't know		*B. Has the basement flooded or leaked?
[ ] Yes		[ ] No		[ ] Don't know		*C. Have there been any conversions, additions, or remodeling?
[ ] Yes		[ ] No		[ ] Don't know			*(1) If yes, were all building permits obtained?
[ ] Yes		[ ] No		[ ] Don't know			*(2) If yes, were all final inspections obtained?
[ ] Yes		[ ] No		[ ] Don't know		D. Do you know the age of the house? If yes, year of original construction:
						. . . . . . . . . . . . . . . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		*E. Has there been any settling, slippage, or sliding of the property or its improvements?
[ ] Yes		[ ] No		[ ] Don't know		*F. Are there any defects with the following: (If yes, please check applicable items and explain.)
	□ Foundations				□ Decks				□ Exterior Walls
	□ Chimneys				□ Interior Walls				□ Fire Alarm
	□ Doors				□ Windows				□ Patio
	□ Ceilings				□ slab Floors				□ Driveways
	□ Pools				□ Hot Tub				□ Sauna
	□ Sidewalks				□ Outbuildings				□ Fireplaces
	□ Garage Floors				□ Walkways				□ Siding
	□ Other				□ Wood Stoves
[ ] Yes		[ ] No		[ ] Don't know		*G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? . . . . . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		H. During your ownership, has the property had any wood destroying organism or pest infestation?
[ ] Yes		[ ] No		[ ] Don't know		I. Is the attic insulated?
[ ] Yes		[ ] No		[ ] Don't know		J. Is the basement insulated?
						5. SYSTEMS AND FIXTURES
						*A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain.
[ ] Yes		[ ] No		[ ] Don't know			Electrical system, including wiring, switches, outlets, and service
[ ] Yes		[ ] No		[ ] Don't know			Plumbing system, including pipes, faucets, fixtures, and toilets
[ ] Yes		[ ] No		[ ] Don't know			Hot water tank
[ ] Yes		[ ] No		[ ] Don't know			Garbage disposal
[ ] Yes		[ ] No		[ ] Don't know			Appliances
[ ] Yes		[ ] No		[ ] Don't know			Sump pump
[ ] Yes		[ ] No		[ ] Don't know			Heating and cooling systems
[ ] Yes		[ ] No		[ ] Don't know			Security system [ ] Owned [ ] Leased
							Other . . . . . . . . . . . . . .
							*B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.)
[ ] Yes		[ ] No		[ ] Don't know			Security system . . . . . .
[ ] Yes		[ ] No		[ ] Don't know			Tanks (type): . . . . . .
[ ] Yes		[ ] No		[ ] Don't know			Satellite dish . . . . . . Other: . . . . . .
						6. COMMON INTERESTS
[ ] Yes		[ ] No		[ ] Don't know		A. Is there a Home Owners' Association? Name of Association . . . . . . . . . . . . . . . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		B. Are there regular periodic assessments:
						$ . . . per [ ] Month [ ] Year [ ] Other . . . . . . . . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		*C. Are there any pending special assessments?
[ ] Yes		[ ] No		[ ] Don't know		*D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?
						7. GENERAL
[ ] Yes		[ ] No		[ ] Don't know		*A. Have there been any drainage problems on the property?
[ ] Yes		[ ] No		[ ] Don't know		*B. Does the property contain fill material?
[ ] Yes		[ ] No		[ ] Don't know		*C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?
[ ] Yes		[ ] No		[ ] Don't know		D. Is the property in a designated flood plain?
[ ] Yes		[ ] No		[ ] Don't know		*E. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water ?
[ ] Yes		[ ] No		[ ] Don't know		*G. Has the property ever been used as an illegal drug manufacturing site?
[ ] Yes		[ ] No		[ ] Don't know		*H. Are there any radio towers in the area that may cause interference with telephone reception?
						8. MANUFACTURED AND MOBILE HOMES
						If the property includes a manufactured or mobile home,
[ ] Yes		[ ] No		[ ] Don't know		*A. Did you make any alterations to the home? If yes, please describe the alterations: . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		*B. Did any previous owner make any alterations to the home? If yes, please describe the alterations: . . . . . . . . . .
[ ] Yes		[ ] No		[ ] Don't know		*C. If alterations were made, were permits or variances for these alterations obtained?
						9. FULL DISCLOSURE BY SELLERS
						A. Other conditions or defects:
[ ] Yes		[ ] No		[ ] Don't know		*Are there any other existing material defects affecting the property that a prospective buyer should know about?
						B. Verification:
						The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.
DATE . . . . . . . .				SELLER . . . . . . . . .				SELLER . . . . . . . .
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.
		II. BUYER'S ACKNOWLEDGMENT
			A.	Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation.
			B.	The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party.
			C.	Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information.
			D.	This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller.
			E.	Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature.

DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.

DATE . . . . . . . BUYER . . . . . . . . . BUYER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the disclosure statement is being completed for new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not required to complete the questions listed in item 4. Structural or item 5. Systems and Fixtures.

(3) The seller disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential property. The seller disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction.

NEW SECTION. Sec. 2. A new section is added to chapter 64.06 RCW to read as follows:

The notice regarding sex offenders under RCW 64.06.020 does not create any legal duty on the part of the seller, or on the part of any real estate licensee, to investigate or to provide the buyer with information regarding the actual presence, or lack thereof, of registered sex offenders in the area of any property, including but not limited to any property that is the subject of a disclosure or waiver of disclosure under this chapter, or that is exempt from disclosure under RCW 64.06.010.

NEW SECTION. Sec. 3. This act applies prospectively only and not retroactively. It applies only to residential real property purchase and sale agreements entered into on or after the effective date of this act, without regard to when the agreements are closed or finalized.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Prentice and Benton to Substitute Senate Bill No. 6153.

The motion by Senator Prentice carried and the striking amendment was adopted by voice vote.

On page 1, line 2 of the title, after "obtained;" strike the remainder of the title and insert "amending RCW 64.06.020; adding a new section to chapter 64.06 RCW; creating a new section; and providing an effective date."

On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 6153 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6153.

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6153 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

ENGROSSED SUBSTITUTE SENATE BILL NO. 6153, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

Authorizing electronic notice and other communications within the Washington nonprofit corporation act.

On page 12, line 11, after "vote by" insert "mail, by electronic transmission, or by"

On page 12, line 16, strike "Where" and insert "((Where)) If specifically permitted by the articles of incorporation or bylaws, whenever proposals or"

On page 12, line 17, strike "bylaws may provide that such elections may be conducted" and insert "((bylaws may provide that such elections may be conducted)) vote may be taken"

The President declared the question before the Senate to be the adoption of the amendment by Senator Esser, on page 12, line 11 to Senate Bill No. 6188.

The motion by Senator Esser carried and the amendment was adopted by voice vote.

On motion of Senator Esser, the rules were suspended, Engrossed Senate Bill No. 6188 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6188.

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6188 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

ENGROSSED SENATE BILL NO. 6188, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Swecker, Substitute Senate Bill No. 6731 was substituted for Senate Bill No. 6731 and the substitute bill was placed on second reading and read the second time.

Senator Honeyford moved that the following amendment by Senator Honeyford be adopted:

On page 1, line 8, after "potatoes" strike "((, and asparagus))" and insert ", and asparagus, except for asparagus shipped out-of-state for fresh packing,"

On page 1, line 15, after "cherries," strike all material through "asparagus))" and insert "pears and asparagus"

The President declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 1, line 7 to Substitute Senate Bill No. 6731.

The motion by Senator Honeyford carried and the amendment was adopted by voice vote.

On page 1, line 2 of the title, after "15.17.050;" insert "providing an expiration date;"

On motion of Senator Swecker, the rules were suspended, Engrossed Substitute Senate Bill No. 6731 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6731.

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6731 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

ENGROSSED SUBSTITUTE SENATE BILL NO. 6731, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6253, by Senators Winsley, Fraser, Regala, Carlson, Keiser, Roach, Pflug, Spanel, Rasmussen and Eide; by request of Select Committee on Pension Policy

Establishing a one thousand dollar minimum monthly benefit for public employees' retirement system plan 1 members and teachers' retirement system plan 1 members who have at least twenty-five years of service and who have been retired at least twenty years.

On motion of Senator Winsley, Substitute Senate Bill No. 6253 was substituted for Senate Bill No. 6253 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 6253 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Winsley, Carlson, Benton and Fraser spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6253.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6253 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

SUBSTITUTE SENATE BILL NO. 6253, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6599, by Senators Honeyford, Swecker, Parlette, Haugen, Sheahan and Rasmussen

On motion of Senator Swecker, Second Substitute Senate Bill No. 6599 was substituted for Senate Bill No. 6599 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Swecker, the rules were suspended, Second Substitute Senate Bill No. 6599 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Honeyford, Hargrove, Rasmussen and Parlette spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6599.

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6599 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 30.

Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 19.

SECOND SUBSTITUTE SENATE BILL NO. 6599, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Esser, Substitute Senate Bill No. 5053 will be made a special order of business of the day at 4:59 p.m.

EDITORS NOTE: Senate Rule 18 allows for a special order of business at a fixed hour.

The President declared the question before the Senate to be the motion by Senator Esser that Substitute Senate Bill No. 5053 be made a special order of business at 4:59 p.m.

Requiring consumer reporting agencies to only use actual claims in underwriting decisions.

On motion of Senator Benton, the rules were suspended, Senate Bill No. 6195 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6195.

The Secretary called the roll on the final passage of Senate Bill No. 6195 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SENATE BILL NO. 6195, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

Funding for forest fire protection. Revised for 1st Substitute: Funding forest fire protection.

On motion of Senator Hargrove, Substitute Senate Bill No. 6581 was substituted for Senate Bill No. 6581 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6581 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6581.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6581 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SUBSTITUTE SENATE BILL NO. 6581, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 5412, by Senators Brandland, Kline, Winsley, Haugen, Prentice, Reardon, Rasmussen, Eide and McCaslin

Requiring biometric identifiers from applicants for driver's licenses and identicards.

On motion of Senator Brandland, Third Substitute Senate Bill No. 5412 was substituted for Senate Bill No. 5412 and the substitute bill was placed on second reading and read the second time.

Senator Benton objected to the suspension of the rules to advance the bill to third reading.

The President declared the question before the Senate to be the motion by Senator Brandland to suspend the rules and advance Third Substitute Senate Bill No. 5412 to third reading.

On motion of Senator Brandland, the rules were suspended, Third Substitute Senate Bill No. 5412 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

On motion of Senator Esser, further consideration of Third Substitute Senate Bill No. 5412 was deferred and it held it’s place on the third reading calendar.

SENATE BILL NO. 6439, by Senators Horn, Haugen, Swecker, T. Sheldon, Schmidt, Johnson, Poulsen, B. Sheldon, Jacobsen, Stevens, Mulliken, Hale, Spanel, Eide, Rasmussen and Winsley

On motion of Senator Horn, the rules were suspended, Senate Bill No. 6439 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6439.

The Secretary called the roll on the final passage of Senate Bill No. 6439 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

SENATE BILL NO. 6439, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6702, by Senators Murray, Horn, Poulsen, McAuliffe, Kline and Berkey

On motion of Senator Horn, the rules were suspended, Senate Bill No. 6702 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6702.

The Secretary called the roll on the final passage of Senate Bill No. 6702 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SENATE BILL NO. 6702, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 5957, by Senators Hargrove, Rasmussen, Morton, Swecker, Doumit, Sheahan, Oke and Brandland

Establishing a system of standards and procedures concerning water quality data.

On motion of Senator Hargrove, Second Substitute Senate Bill No. 5957 was substituted for Senate Bill No. 5957 and the second substitute bill was placed on second reading and read the second time.

On page 3, line 5 after "chapter" insert "or a person who consumes water from, fishes from, swims in or otherwise uses waters that are the subject of the data"

The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 3, line 5 to Second Substitute Senate Bill No. 5957.

The motion by Senator Fraser carried and the amendment was adopted by voice vote.

On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5957 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5957.

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5957 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Berkey, Brandland, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, Winsley and Zarelli - 32.

Voting nay: Senators Brown, Carlson, Eide, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 17.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5957, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6200, by Senators Hewitt, Rasmussen, Honeyford and Prentice; by request of Horse Racing Commission

On motion of Senator Hewitt, Substitute Senate Bill No. 6200 was substituted for Senate Bill No. 6200 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hewitt, the rules were suspended, Substitute Senate Bill No. 6200 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6200.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6200 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SUBSTITUTE SENATE BILL NO. 6200, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6254, by Senators Regala, Winsley, Fraser, Carlson, Keiser, Roach, Franklin, Rasmussen and Haugen; by request of Select Committee on Pension Policy

Providing death benefits for members of the Washington state patrol retirement system plan 2.

On motion of Senator Regala, the rules were suspended, Senate Bill No. 6254 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6254.

The Secretary called the roll on the final passage of Senate Bill No. 6254 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SENATE BILL NO. 6254, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6249, by Senators Fraser, Winsley, Pflug, Regala and Carlson; by request of Select Committee on Pension Policy

Establishing an asset smoothing corridor for actuarial valuations used in the funding of the state retirement systems.

On motion of Senator Fraser, the rules were suspended, Senate Bill No. 6249 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6249.

The Secretary called the roll on the final passage of Senate Bill No. 6249 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SENATE BILL NO. 6249, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

Exempting from public disclosure certain records filed with the utilities and transportation commission.

On motion of Senator Schmidt, the rules were suspended, Senate Bill No. 6545 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6545.

The Secretary called the roll on the final passage of Senate Bill No. 6545 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 1; Excused, 1.

Voting yea: Senators Benton, Berkey, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, Winsley and Zarelli - 39.

Voting nay: Senators Fairley, Franklin, Fraser, Keiser, Kohl-Welles, Regala, Spanel and Thibaudeau - 8.

SENATE BILL NO. 6545, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Hargrove, Second Substitute Senate Bill No. 6489 was substituted for Senate Bill No. 6489 and the second substitute bill was placed on second reading and read the second time.

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

"Sec. 1. RCW 72.09.070 and 1994 sp.s. c 7 s 535 are each amended to read as follows:

(1) There is created a correctional industries board of directors which shall have the composition provided in RCW 72.09.080.

(2) Consistent with general department of corrections policies and procedures pertaining to the general administration of correctional facilities, the board shall establish and implement policy for correctional industries programs designed to:

(a) Offer inmates meaningful employment, work experience, and training in vocations that are specifically designed to reduce recidivism and thereby enhance public safety by providing opportunities for legitimate means of livelihood upon their release from custody;

(b) Provide industries which will reduce the tax burden of corrections and save taxpayers money through production of goods and services for sale and use;

(c) Operate correctional work programs in an effective and efficient manner which are as similar as possible to those provided by the private sector;

(d) Encourage the development of and provide for selection of, contracting for, and supervision of work programs with participating private enterprise firms;

(e) Develop and ((design)) select correctional industries work programs that do not unfairly compete with Washington businesses;

(f) Invest available funds in correctional industries enterprises and meaningful work programs that minimize the impact on in-state jobs and businesses.

(3) The board of directors shall at least annually review the work performance of the director of correctional industries division with the secretary.

(4) The director of correctional industries division shall review and evaluate the productivity, funding, and appropriateness of all correctional work programs and report on their effectiveness to the board and to the secretary.

(5) The board of directors shall have the authority to identify and establish trade advisory or apprenticeship committees to advise them on correctional industries work programs. The secretary shall appoint the members of the committees.

Where a labor management trade advisory and apprenticeship committee has already been established by the department pursuant to RCW 72.62.050 the existing committee shall also advise the board of directors.

(6) The board shall develop a strategic yearly marketing plan that shall be consistent with and work towards achieving the goals established in the six-year phased expansion of class I and class II correctional industries established in RCW 72.09.111. This marketing plan shall be presented to the appropriate committees of the legislature by January 17 of each calendar year until the goals set forth in RCW 72.09.111 are achieved.

It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. It is also the intent of the legislature to ensure that the correctional industries board of directors, in developing and selecting correctional industries work programs, does not encourage the development of, or provide for selection of or contracting for, or the significant expansion of, any new or existing class I correctional industries work programs that unfairly compete with Washington businesses. The legislature intends that the requirements relating to fair competition in the correctional industries work programs be liberally construed to protect Washington businesses from unfair competition.

For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:

(a) The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.

(b) The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers.

(c) The correctional industries board of directors shall review these proposed industries, including any potential new class I industries work program or the significant expansion of an existing class I industries work program, before the department contracts to provide such products or services. The review shall include ((an)) the analysis ((of the potential impact of the proposed products and services on the Washington state business community and labor market)) required under section 4 of this act to determine if the proposed correctional industries work program will compete with any Washington business. An agreement for a new class I correctional industries work program, or an agreement for a significant expansion of an existing class I correctional industries work program, that unfairly competes with any Washington business is prohibited.

(d) The department of corrections shall supply appropriate security and custody services without charge to the participating firms.

(e) Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.

(f) An inmate who is employed in the class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

(a) Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations.

(b) The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons.

(c)(i) Class II correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors.

(ii) The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state((,)) when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.

(d) Security and custody services shall be provided without charge by the department of corrections.

(e) Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.

(f) Subject to approval of the correctional industries board, provisions of RCW 41.06.380 prohibiting contracting out work performed by classified employees shall not apply to contracts with Washington state businesses entered into by the department of corrections through class II industries.

(a) Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:

(((a))) (i) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.

(((b))) (ii) Whenever possible, to provide forty hours of work or work training per week.

(b) Class III correctional industries shall be reviewed by the correctional industries board of directors to set policy for work crews. The department shall present to the board of directors quarterly detail statements showing where work crews worked, what correctional industry class, and the hours worked. The board of directors may review any class III program at its discretion.

(d) All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.

(e) Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.

(a) Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.

(b) Class IV correctional industries shall be reviewed by the correctional industries board of directors to set policy for work crews. The department shall present to the board of directors quarterly detail statements showing where work crews worked, what correctional industry class, and the hours worked. The board of directors may review any class IV program at its discretion. Class IV correctional industries operated in work camps established pursuant to RCW 72.64.050 are exempt from the requirements of this subsection (4)(b).

(c) Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.

(d) The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.

(e) Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.

(a) Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an inmate, placed on community supervision, to work off all or part of a community restitution order as ordered by the sentencing court.

(b) Employment shall be in a community restitution program operated by the state, local units of government, or a nonprofit agency.

(c) To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.

Sec. 3. RCW 72.09.100 and 2002 c 354 s 238 and 2002 c 175 s 49 are each reenacted and amended to read as follows:

(d) The department of corrections shall supply appropriate security and custody services without charge to the participating firms.

(a) Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations.

(ii) The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.

(d) Security and custody services shall be provided without charge by the department of corrections.

(f) Subject to approval of the correctional industries board, provisions of RCW 41.06.142 shall not apply to contracts with Washington state businesses entered into by the department of corrections through class II industries.

(a) Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:

(((b))) (ii) Whenever possible, to provide forty hours of work or work training per week.

(d) All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.

(d) The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.

(b) Employment shall be in a community restitution program operated by the state, local units of government, or a nonprofit agency.

(c) To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.

NEW SECTION. Sec. 4. A new section is added to chapter 72.09 RCW to read as follows:

(1) The department must prepare a threshold analysis for any proposed new class I correctional industries work program or the significant expansion of an existing class I correctional industries work program before the department enters into an agreement to provide such products or services. The analysis must state whether the proposed new or expanded program will impact any Washington business and must be based on information sufficient to evaluate the impact on Washington business.

(2) If the threshold analysis determines that a proposed new or expanded class I correctional industries work program will impact a Washington business, the department must complete a business impact analysis before the department enters into an agreement to provide such products or services. The business impact analysis must include:

(a) A detailed statement identifying the scope and types of impacts caused by the proposed new or expanded correctional industries work program on Washington businesses; and

(b) A detailed statement of the business costs of the proposed correctional industries work program compared to the business costs of the Washington businesses that may be impacted by the proposed class I correctional industries work program. Business costs of the proposed correctional industries work program include rent, water, sewer, electricity, disposal, labor costs, and any other quantifiable expense unique to operating in a prison. Business costs of the impacted Washington business include rent, water, sewer, electricity, disposal, property taxes, and labor costs including employee taxes, unemployment insurance, and workers' compensation.

(3) The completed threshold analysis and any completed business impact analysis with all supporting documents must be shared in a meaningful and timely manner with local chambers of commerce, trade or business associations, local and state labor union organizations, and government entities before a finding required under subsection (4) of this section is made on the proposed new or expanded class I correctional industries work program.

(4) If a business impact analysis is completed, the department must conduct a public hearing to take public testimony on the business impact analysis. The department must, at a minimum, establish a publicly accessible web site containing information reasonably calculated to provide notice to each Washington business assigned the same three-digit standard industrial classification code, or the corresponding North American industry classification system code, as the organization seeking the class I correctional industries work program agreement of the date, time, and place of the hearing. Notice of the hearing shall be posted at least thirty days prior to the hearing.

(5) Following the public hearing, the department shall adopt a finding that the proposed new or expanded class I correctional industries work program: (a) Will not compete with any Washington business; (b) will not compete unfairly with any Washington business; or (c) will compete unfairly with any Washington business and is therefore prohibited under this act.

(1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted under subsection (4) of this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges. The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs.

(2) The department shall provide access to a program of education to all offenders who are under the age of eighteen and who have not met high school graduation or general equivalency diploma requirements in accordance with chapter 28A.193 RCW. The program of education established by the department and education provider under RCW 28A.193.020 for offenders under the age of eighteen must provide each offender a choice of curriculum that will assist the inmate in achieving a high school diploma or general equivalency diploma. The program of education may include but not be limited to basic education, prevocational training, work ethic skills, conflict resolution counseling, substance abuse intervention, and anger management counseling. The curriculum may balance these and other rehabilitation, work, and training components.

(3) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:

(a) Achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;

(b) Additional work and education programs based on assessments and placements under subsection (5) of this section; and

(4) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.

(5) The department shall establish, by rule, standards for participation in department-approved education and work programs. The standards shall address the following areas:

(a) Assessment. The department shall assess all inmates for their basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the correctional system, are returning to the correctional system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming;

(b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors:

(i) An inmate's release date and custody level((, except)). An inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date, except that inmates with a release date of more than one hundred twenty months in the future shall not comprise more than ten percent of inmates participating in a new class I correctional industry not in existence on the effective date of this section;

(iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and

(v) Where applicable, an inmate's prior performance in department-approved education or work programs;

(c) Performance and goals. The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals;

(d) Financial responsibility. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in:

(A) Second and subsequent vocational programs associated with an inmate's work programs; and

(B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection;

(A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and

(B) Second and subsequent vocational programs not associated with an inmate's work program.

Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and

(e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release:

(ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers.

If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section.

(6) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns.

(7) Before construction of a new correctional institution or expansion of an existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall specify how the use of television in the education and training programs will improve inmates' preparedness for available work programs and job opportunities for which inmates may qualify upon release.

(8) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction.

(9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates upon release.

Sec. 6. RCW 72.09.015 and 1995 1st sp.s. c 19 s 3 are each amended to read as follows:

(1) "Base level of correctional services" means the minimum level of field services the department of corrections is required by statute to provide for the supervision and monitoring of offenders.

(2) "Contraband" means any object or communication the secretary determines shall not be allowed to be: (a) Brought into; (b) possessed while on the grounds of; or (c) sent from any institution under the control of the secretary.

(5) "Earned early release" means earned ((early)) release as authorized by RCW 9.94A.728.

(6) "Extended family visit" means an authorized visit between an inmate and a member of his or her immediate family that occurs in a private visiting unit located at the correctional facility where the inmate is confined.

(8) "Good performance" means successful completion of a program required by the department, including an education, work, or other program.

(9) "Immediate family" means the inmate's children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, and a person legally married to an inmate. "Immediate family" does not include an inmate adopted by another inmate or the immediate family of the adopted or adopting inmate.

(10) "Indigent inmate," "indigent," and "indigency" mean an inmate who has less than a ten-dollar balance of disposable income in his or her institutional account on the day a request is made to utilize funds and during the thirty days previous to the request.

(11) "Inmate" means a person committed to the custody of the department, including but not limited to persons residing in a correctional institution or facility and persons released on furlough, work release, or community custody, and persons received from another state, state agency, county, or federal jurisdiction.

(12) "Privilege" means any goods or services, education or work programs, or earned early release days, the receipt of which are directly linked to an inmate's (a) good conduct; and (b) good performance. Privileges do not include any goods or services the department is required to provide under the state or federal Constitution or under state or federal law.

(14) "Significant expansion" includes any expansion into a new product line or service or an increase in production of the same product or service that results from an increase in benefits to the class I business provided by the department, including a decrease in labor costs, rent, or utility rates (water, sewer, electricity, and disposal), an increase in work program space, tax advantages, or other overhead costs.

(15) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington state department of corrections, or his or her designee.

(((15))) (16) "Unfair competition" means any net competitive advantage that a business may acquire as a result of a correctional industries contract, including labor costs, rent, tax advantages, utility rates (water, sewer, electricity, and disposal), and other overhead costs. To determine net competitive advantage, the correctional industries board shall review and quantify any expenses unique to operating a for-profit business inside a prison.

(17) "Washington business" means an existing in-state manufacturer or service provider subject to chapter 82.04 RCW.

(18) "Work programs" means all classes of correctional industries jobs authorized under RCW 72.09.100.

Sec. 7. RCW 72.09.111 and 2003 c 379 s 25 and 2003 c 271 s 2 are each reenacted and amended to read as follows:

(1) The secretary shall deduct taxes and legal financial obligations from the gross wages, gratuities, or workers' compensation benefits payable directly to the inmate under chapter 51.32 RCW, of each inmate working in correctional industries work programs, or otherwise receiving such wages, gratuities, or benefits. The secretary shall also deduct child support payments from the gratuities of each inmate working in class II through class IV correctional industries work programs. The secretary shall develop a formula for the distribution of offender wages, gratuities, and benefits. The formula shall not reduce the inmate account below the indigency level, as defined in RCW 72.09.015.

(a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:

(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;

(iii) Twenty percent to the department to contribute to the cost of incarceration; and

(iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.

(b) The formula shall include the following minimum deductions from class II gross gratuities:

(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;

(iii) Fifteen percent to the department to contribute to the cost of incarceration;

(iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court; and

(c) The formula shall include the following minimum deductions from any workers' compensation benefits paid pursuant to RCW 51.32.080:

(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;

(iii) Twenty percent to the department to contribute to the cost of incarceration; and

(iv) An amount equal to any legal financial obligations owed by the inmate established by an order of any Washington state superior court up to the total amount of the award.

(d) The formula shall include the following minimum deductions from class III gratuities:

(e) The formula shall include the following minimum deduction from class IV gross gratuities:

(i) Five percent to the department to contribute to the cost of incarceration; and

(2) Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW or sentenced to death shall be exempt from the requirement under subsection (1)(a)(ii), (b)(ii), or (c)(ii).

(3) The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement, unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.

(4)(a) Within the funds appropriated for the correctional industries program, the expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

(i) Not later than June 30, 2005, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

(ii) Not later than June 30, 2006, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

(iii) Not later than June 30, 2007, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

(iv) Not later than June 30, 2008, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

(v) Not later than June 30, 2009, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

(vi) Not later than June 30, 2010, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003.

(b) Failure to comply with the schedule in this subsection does not create a private right of action.

(5) In the event that the offender worker's wages, gratuity, or workers' compensation benefit is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.

(((5))) (6) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.

(((6))) (7) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs.

(((7) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

(a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.))

(8) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.

(9) Nothing in this section shall limit the authority of the department of social and health services division of child support from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 26.23, 74.20, or 74.20A RCW.

NEW SECTION. Sec. 8. A new section is added to chapter 72.09 RCW to read as follows:

All records, documents, data, and other materials obtained under the requirements of section 4 of this act from an existing correctional industries class I work program participant or an applicant for a proposed new or expanded class I correctional industries work program are exempt from public disclosure under chapter 42.17 RCW.

NEW SECTION. Sec. 9. A new section is added to chapter 42.17 RCW to read as follows:

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

"Sec. 10. RCW 28B.10.029 and 1998 c 344 s 5 and 1998 c 111 s 2 are each reenacted and amended to read as follows:

(1) An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use of the respective institution of higher education. Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.560 through 43.19.637. The community and technical colleges shall comply with RCW 43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW ((43.19.1935, 43.19.19363, and 43.19.19368)) 43.41.310, 43.41.290, and 43.41.350. If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of general administration. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities.

(2) The council of presidents and the state board for community and technical colleges shall convene its correctional industries business development advisory committee, and work collaboratively with correctional industries, to:

(a) Reaffirm purchasing criteria and ensure that quality, service, and timely delivery result in the best value for expenditure of state dollars;

(b) Update the approved list of correctional industries products from which higher education shall purchase; and

(c) Develop recommendations on ways to continue to build correctional industries' business with institutions of higher education.

(3) Higher education and correctional industries shall develop a plan to build higher education business with correctional industries to increase higher education purchases of correctional industries products, based upon the criteria established in subsection (2) of this section. The plan shall include the correctional industries' production and sales goals for higher education and an approved list of products from which higher education institutions shall purchase, based on the criteria established in subsection (2) of this section. Higher education and correctional industries shall report to the legislature regarding the plan and its implementation no later than January 30, 2005.

(4) Institutions of higher education shall set as a target to contract, beginning not later than June 30, 2006, to purchase one percent of the total goods and services required by the institutions each year produced or provided in whole or in part from class II inmate work programs operated by the department of corrections. Institutions of higher education shall set as a target to contract, beginning not later than June 30, 2008, to purchase two percent of the total goods and services required by the institutions each year produced or provided in whole or in part from class II inmate work programs operated by the department of corrections.

(5) An institution of higher education may exercise independently those powers otherwise granted to the public printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any institution of higher education that chooses to exercise independent printing production or purchasing authority shall notify the public printer. Thereafter the public printer shall not be required to provide those services for that institution."

Senators Hargrove and Carlson spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment to the striking amendment by Senators Hargrove and Carlson on page 23, after line 23 to Second Substitute Senate Bill No. 6489.

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

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens as amended.

The motion by Senator Hargrove carried and the striking amendment as amended was adopted by voice vote.

On page 1, line 1 of the title, after "industries;" strike the remainder of the title and insert "amending RCW 72.09.070, 72.09.100, 72.09.460, and 72.09.015; reenacting and amending RCW 72.09.100 and 72.09.111; adding new sections to chapter 72.09 RCW; adding a new section to chapter 42.17 RCW; providing an effective date; and providing an expiration date."

On page 24, line 3 of the title amendment, after "72.09.100" strike "and 72.09.111" and insert ", 72.09.111, and 28B.10.029"

On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6489 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 6489.

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6489 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6489, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Esser, the Senate advanced to the seventh order of business.

There being no objection, the Senate resumed consideration of Third Substitute Senate Bill No. 5412.

On motion of Senator Esser, the rules were suspended and Third Substitute Senate Bill No. 5412 was returned to second reading for the purpose of amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 3, line 1 to Third Substitute Senate Bill No. 5412.

The motion by Senator Benton failed and the amendment was not adopted by voice vote.

Senator Prentice moved that the following amendment by Senator Prentice be adopted:

On page 3, line 12, after "identifier." insert "Retinal scans shall be included as a biometric identifier."

The President declared the question before the Senate to be the adoption of the amendment by Senator Prentice on page 3, line 12 to Third Substitute Senate Bill No. 5412.

The motion by Senator Prentice failed and the amendment was not adopted by voice vote.

On page 3, line 33, after "act", strike "takes effect July 1, 2004." and insert "is precluded from implementation until such time as at least 50% of retail stores in Washington state are equipped with the technological capability to process the identification card or verify identification with the Department of Licensing."

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 3, line 33 to Third Substitute Senate Bill No. 5412.

The motion by Senator Benton failed and the amendment was not adopted by voice vote.

Senator Benton moved that the following amendment by Senators Benton and Prentice be adopted:

"NEW SECTION. Sec. 6. 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 transportation appropriations act, this act is null and void."

The President declared the question before the Senate to be the adoption of the amendment by Senators Benton and Prentice on page 3, line 34 to Third Substitute Senate Bill No. 5412.

The motion by Senator Benton failed and the amendment was not adopted by voice vote.

The President declared the question before the Senate to be the final passage of Third Substitute Senate Bill No. 5412.

The Secretary called the roll on the final passage of Third Substitute Senate Bill No. 5412 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

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

THIRD SUBSTITUTE SENATE BILL NO. 5412, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6173, by Senators Haugen, Mulliken, Horn, Morton, Pflug and Kastama

Requiring storm water and wetland mitigation for public-use airports to be compatible with safe airport operations.

On motion of Senator Mulliken, Substitute Senate Bill No. 6173 was substituted for Senate Bill No. 6173 and the substitute bill was placed on second reading and read the second time.

Senator Fraser moved that the following amendment by Senators Fraser and Keiser be adopted:

On page 3, beginning on line 13 delete "The departments of ecology and fish and wildlife may not require an airport operating under the authority of chapter 14.08 to engage in land uses that are incompatible with" and insert the following:

"Regulatory decisions by the departments of ecology and fish and wildlife regarding storm water and wetland mitigation resulting from public-use airport development projects should be, to the maximum extent allowable under federal and state law, compatible with safe airport operations and"

Senator Keiser moved that the following amendment by Senators Keiser, Poulsen and Eide be adopted:

"(6) As used in this section, "public-use airports" shall not include an airport owned and operated by a county-wide port district with a county population greater than one million five hundred thousand."

On motion of Senator Mulliken, the rules were suspended, Substitute Senate Bill No. 6173 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Haugen, Morton, Mulliken and Pflug spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6173.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6173 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 38.

Voting nay: Senators Brown, Fairley, Franklin, Fraser, Keiser, Kohl-Welles, McAuliffe, Poulsen, Regala and Thibaudeau - 10.

SUBSTITUTE SENATE BILL NO. 6173, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Mulliken, the rules were suspended, Senate Bill No. 6476 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6476.

The Secretary called the roll on the final passage of Senate Bill No. 6476 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

SENATE BILL NO. 6476, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6601, by Senators Brandland, T. Sheldon, Stevens, Roach, Murray and Oke

On motion of Senator Brandland, Substitute Senate Bill No. 6601 was substituted for Senate Bill No. 6601 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Brandland, the rules were suspended, Substitute Senate Bill No. 6601 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6601.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6601 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, Winsley and Zarelli - 41.

Voting nay: Senators Fairley, Franklin, Fraser, Keiser, Kline, Prentice, Spanel and Thibaudeau - 8.

SUBSTITUTE SENATE BILL NO. 6601, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

Senator Keiser moved that the Senate immediately advance to the ninth order of business to relieve the Committee on Commerce & Trade of Senate Joint Memorial No. 8029 and place the memorial on the second reading calendar.

Senator Esser spoke against the motion to advance to the ninth order of business.

The President declared the question before the Senate to be the motion by Senator Sheldon, B for a roll call.

Senators Keiser and Brown spoke in favor of the motion to advance to the ninth order of business.

Senator Esser: “A point of order. Is it appropriate to speak to specific pieces of Legislation or to strictly the point whether we should go to the ninth order or not?”

President Owen: “The appropriate debate is the purpose for going to the ninth order.”

Senator Esser demanded the previous question and the President declared the demand was sustained.

The President declared the question before the Senate to be the motion by Senator Esser, “Shall the main question be now put?.”

Senator Benton: “The motion made by Senator Keiser was to go to the ninth order for a specific bill. I did not get the bill number or resolution or memorial. I’m not quite sure. My question to you is this, if Senator Keisers motion is successful does that mean the ninth order then is restricted to that specific bill or once we are the ninth order is it possible to pull other bills to the floor as well.”

President Owen: “Once you go to the ninth order then it’s open, Senator Benton. Even though she made that in the motion, it can not be restricted once you move to that order.”

The President declared the question before the Senate to be the motion by Senator Keiser to immediately advance to the ninth order of business.

The Secretary called the roll on the motion by Senator Keiser to immediately advance to the ninth order of business and the motion failed the Senate by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

On motion of Senator Esser, the Senate immediately considered Senate Bill No. 6420.

SENATE BILL NO. 6420, by Senators Roach, Kastama, Kohl-Welles, Rasmussen, Oke and Winsley; by request of Secretary of State

On motion of Senator Esser, Substitute Senate Bill No. 6420 was substituted for Senate Bill No. 6420 and the substitute bill was placed on second reading and read the second time.

Senator Roach moved that the following striking amendment by Senators Roach and Kastama be adopted:

"Sec. 1. RCW 29A.12.020 and 2003 c 111 s 302 are each amended to read as follows:

The secretary of state shall inspect, evaluate, ((and)) publicly demonstrate, and test all voting systems or components of voting systems related to vote tallying, casting, counting, and storage that are submitted for review under RCW 29A.12.030. The secretary of state shall determine whether the voting systems conform with all of the requirements of this title, the applicable rules adopted in accordance with this title, and with generally accepted safety requirements. The secretary of state shall post the report of certification to a publicly available electronic medium and transmit ((a copy of the report of any examination)) notice of certification under this section, within thirty days after completing the examination, to the county auditor of each county.

This section does not apply to systems with the sole election-related function of displaying election results.

NEW SECTION. Sec. 2. A new section is added to chapter 29A.12 RCW to read as follows:

The manufacturer or distributor of a voting system or component of a voting system must provide the secretary of state access to the source code of the voting system or component at the time the system is submitted for an examination and anytime following certification. Following certification of a voting system or component of a voting system, the manufacturer or distributor must notify the secretary of state each time the source code is modified, and provide the secretary of state access to the modified version. The source code is exempt from public disclosure under RCW 42.17.310(1)(h).

Sec. 3. RCW 29A.12.050 and 2003 c 111 s 305 are each amended to read as follows:

((If)) Only voting systems or devices or vote tallying systems ((are to)) that have been certified by the secretary of state may be used for conducting a primary or election((, only those that have the approval of the secretary of state or had been approved under this chapter or the former chapter 29.34 RCW before March 22, 1982, may be used. Any)). No modification, change, redesign, or improvement may be made to any voting system or component of a system ((that does not impair its accuracy, efficiency, or capacity or extend its function, may be made)) related to vote tallying, casting, counting, and storage, other than hardware replacement, without notification to the secretary of state for reexamination or reapproval by the secretary of state under ((RCW 29A.12.020)) section 4 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 29A.12 RCW to read as follows:

Reexamination or reapproval of voting systems under RCW 29A.12.050 must be performed in the following manner:

The modification must be reviewed and approved by an appropriate independent testing authority approved by the federal election assistance commission before submission to the secretary of state for approval. If, in the opinion of the system vendor, a modification must be made to assure proper system operation during the period ten days before an election, an emergency examination and approval may be conducted by the secretary of state before a review by an independent testing authority. During this emergency examination period, the vendor shall make a written submission to the secretary of state for review. The submission must include:

(2) Clear and complete documentation of the change including a description, an affected code, affected systems, and a before and after depiction of the change;

(3) A sworn statement from the vendor declaring the completeness of the submission under penalty of perjury and loss of system certification.

The secretary of state may review and test the change before issuing or denying an emergency approval for use only in the subsequent election.

Sec. 5. RCW 29A.12.060 and 2003 c 111 s 306 are each amended to read as follows:

The county auditor of a county in which voting systems are used is responsible for the preparation, maintenance, and operation of those systems and during the logic and accuracy test, must provide written, signed verification that the system and its component software, in the version used, are certified. The auditor may employ and direct persons to perform some or all of these functions.

Sec. 6. RCW 29A.12.070 and 2003 c 111 s 307 are each amended to read as follows:

An agreement to purchase or lease a voting system or a component of a voting system is subject to that system or component passing an acceptance test as defined in rule by the office of the secretary of state, conducted by the county auditor as purchaser or lessee, sufficient to demonstrate that the equipment is the same as that certified by the secretary of state and that the equipment is operating correctly as delivered to the county.

Sec. 7. RCW 29A.12.080 and 2003 c 111 s 308 are each amended to read as follows:

No voting device ((shall)) or its component software may be ((approved)) certified by the secretary of state unless it:

(2) Permits the voter to vote for any person for any office and upon any measure that he or she has the right to vote for;

(3) Permits the voter to vote for all the candidates of one party or in part for the candidates of one or more other parties;

(4) Correctly registers all votes cast for any and all persons and for or against any and all measures;

(5) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or vote tally system except when voting for president and vice president of the United States; ((and))

(6) In the case of a precinct-based electronic voting system, at the time of voting produces a machine countable paper record for each vote that may be reviewed by the voter before finalizing his or her vote, as a part of the voting process; and

(7) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction, and has been approved by the appropriate independent testing authority approved by the federal election assistance commission or its statutory successor.

Sec. 8. RCW 29A.12.090 and 2003 c 111 s 309 are each amended to read as follows:

The ballot ((on a single voting device shall)) displayed to a voter may not contain the names of candidates for the offices of United States representative, state senator, state representative, county council, or county commissioner in more than one district. ((In all general elections, primaries, and special elections, in each polling place the voting devices containing ballots for candidates from each congressional, legislative, or county council or commissioner district shall be grouped together and physically separated from those devices containing ballots for other districts. Each voter shall be directed by the precinct election officers to the correct group of voting devices.))

Sec. 9. RCW 29A.12.100 and 2003 c 111 s 310 are each amended to read as follows:

The secretary of state ((shall)) may not approve a vote tallying system or system software unless it:

(1) Correctly counts votes on ballots on which the proper number of votes have been marked for any office or issue;

(2) Ignores votes marked for any office or issue where more than the allowable number of votes have been marked, but correctly counts the properly voted portions of the ballot;

(3) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each office, and total votes for and against each issue of the ballot in that precinct;

(4) Accommodates rotation of candidates' names on the ballot under RCW 29A.36.140;

(6) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction, and has been approved by the appropriate independent testing authority approved by the federal election assistance commission or its statutory successor.

Sec. 10. RCW 29A.12.110 and 2003 c 111 s 311 are each amended to read as follows:

In preparing a voting device for a primary or election, a record ((shall)) must be made of the ballot format installed in each device and the precincts or portion of a precinct for which that device has been prepared. Except where provided by a rule adopted under RCW 29A.04.610, after being prepared for a primary or election, each device ((shall)) must be sealed with a uniquely numbered seal and provided to the inspector of the appropriate polling place.

Sec. 11. RCW 29A.12.130 and 2003 c 111 s 313 are each amended to read as follows:

At least three days before each state primary or general election, the office of the secretary of state shall provide for the conduct of tests of the programming for each vote tallying system to be used at that primary or general election. The test must verify that the system will correctly count the vote cast for all candidates and on all measures appearing on the ballot at that primary or general election. The test ((shall)) must verify the capability of the vote tallying system to perform all of the functions that can reasonably be expected to occur during conduct of that particular primary or election. If any error is detected, the cause ((shall)) must be determined and corrected, and an errorless total ((shall)) must be produced before the primary or election.

Such tests ((shall)) must be observed by at least one representative from each major political party, if representatives have been appointed by the respective major political parties and are present at the test, and ((shall)) must be open to candidates, the press, and the public. The county auditor and any political party observers shall certify that the test has been conducted in accordance with this section. The county auditor must provide signed, written verification that the version of the voting system and software used are state certified. Copies of this verification and the test certification ((shall)) must be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots ((shall)) must be securely ((sealed)) stored until the day of the primary or general election. All ballot counting equipment must be sealed, kept in a secure location, and protected against unauthorized access until election day.

Sec. 12. RCW 29A.12.150 and 2003 c 111 s 315 are each amended to read as follows:

(1) No voting device or machine may be used ((in a county with a population of seventy thousand or more)) to conduct a primary or general or special election in this state unless it correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure and such separate ballots are available for audit purposes after such a primary or election. After January 1, 2006, no voting device or machine may be used to conduct a primary or general or special election that uses punched holes to record the voter's choices.

(2) The secretary of state shall not certify under this title any voting device or machine for use in conducting a primary or general or special election in this state unless the device or machine correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure and such separate ballots are available for audit purposes after such a primary or election. The secretary of state may not certify under this title any voting device or machine for use in conducting a primary or general or special election that uses punched holes to record the voter's choices.

NEW SECTION. Sec. 13. A new section is added to chapter 29A.12 RCW to read as follows:

The secretary of state may withdraw the certification of any voting system hardware, software, or system component for cause. Before withdrawing a certification the secretary of state shall conduct a public hearing intended to document and allow input from affected system users and vendors before rendering a decision. The secretary of state shall post the report of withdrawal of certification to a publicly available electronic medium and transmit notice of withdrawal of certification under this section to each county auditor within five days after completing the examination.

Sec. 14. RCW 29A.44.320 and 2003 c 111 s 1130 are each amended to read as follows:

Whenever poll-site ballot counting devices or poll-site based electronic voting devices are used, the devices may either be included with the supplies required in RCW 29A.44.110 or they may be delivered to the polling place separately. All poll-site ballot counting devices and poll-site based electronic voting devices must be sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. The seal must secure against unauthorized access. A log must be made of all seal numbers and device numbers used.

NEW SECTION. Sec. 15. A new section is added to chapter 29A.44 RCW to read as follows:

Before each state primary or general election logic and accuracy testing of precinct-based systems or electronic voting devices must be performed by the county under the observation of the office of the secretary of state during the process of final preparation before system distribution to each pollsite. For all other elections the logic and accuracy test must be performed by the county auditor before system distribution. As each ballot counter or electronic voting system is programmed and set up for distribution a logic and accuracy test must be performed. These tests must establish that each system is functioning within system standards. All ballot styles programmed for each machine must be processed by each machine in order to ensure that the machine is correctly counting and accumulating votes for every office. After all tests are performed and the machine is ready for distribution, the machine must be sealed and the seal number recorded. The procedure described in this section will serve as the official logic and accuracy test of these devices.

NEW SECTION. Sec. 16. A new section is added to chapter 29A.44 RCW to read as follows:

A log must be created during the testing of poll-site based ballot counters and electronic voting devices. The log must record the time and place of each test, the precinct number, seal number, and machine number of each ballot counter or voting device, and the initials of each person testing and observing the test for each machine. This log must be included in the official logic and accuracy test materials. The processes described in section 15 of this act must be open to observation and subject to all notices and observers under rules adopted by the secretary of state.

NEW SECTION. Sec. 17. A new section is added to chapter 29A.44 RCW to read as follows:

(1) The secretary of state shall empanel a task force of elections and computer security experts to be known as the "Washington Voting Systems Board" to study and determine the potential for election fraud as follows:

(a) At least six county auditors, or their designees, with five years or more of elections experience chosen by the Washington Association of County Auditors;

(b) At least two computer experts with five years or more experience in maintaining the security of enterprise level computing systems chosen from a list provided by the director of the state department of information services;

(f) Two members of the senate, appointed by the president of the senate, one from the majority party and one from the minority party;

(g) Two members of the house of representatives, appointed by the speaker of the house, one from the majority party and one from the minority party;

(i) A statistician provided by one of the four-year universities in the state of Washington.

(2) The secretary of state shall provide reports to the legislature before the beginning of the 2005 and 2006 legislative sessions detailing:

(a) The progress of the federal election assistance commission in developing standards for the testing, certification, decertification, and recertification of voting system hardware and software, including electronic voting systems;

(b) The progress of the federal election assistance commission in conducting a thorough study of electronic voting system issues and challenges, including the potential for election fraud;

(c) The findings of the secretary of state and the Washington voting systems board on the comparative security of various voting systems technologies;

(d) The findings of the secretary of state as to any potential or known risks of voting fraud, or actual instance of voting fraud during the previous year;

NEW SECTION. Sec. 18. A new section is added to chapter 29A.44 RCW to read as follows:

All poll-site based electronic voting devices shall produce an individual paper record, at the time of voting, that may be reviewed by the voter before finalizing his or her vote. This record may not be removed from the polling place and must be machine readable for counting purposes. If the device is programmed to display the ballot in multiple languages, the paper record produced must be printed in the language used by each voter.

The system must allow the voter the option of spoiling the paper record and repeating the voting process, if after examining the paper record but before finalizing and casting his or her vote, the voter determines that the record does not reflect his or her vote. The spoiled record must either be destroyed or marked in order to clearly identify the record as spoiled.

NEW SECTION. Sec. 19. A new section is added to chapter 29A.44 RCW to read as follows:

Paper records produced by poll-site based electronic voting devices are subject to all of the requirements of this chapter and chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit to the counting center, and storage. The paper records must be preserved in the same manner and for the same period of time as ballots.

NEW SECTION. Sec. 20. A new section is added to chapter 29A.44 RCW to read as follows:

The electronic record produced and counted by poll-site electronic voting devices is the official record of each vote for election purposes. The paper record produced under section 18 of this act must be stored and maintained for use only in the following specified circumstances:

NEW SECTION. Sec. 21. A new section is added to chapter 29A.44 RCW to read as follows:

A voter voting on a poll-site based electronic voting system may not leave the device during the voting process except to verify his or her ballot, or to request assistance from the precinct election officers, until the voting process is completed.

NEW SECTION. Sec. 22. A new section is added to chapter 29A.60 RCW to read as follows:

Ballot counting systems must be secured physically and electronically against unauthorized access. Ballot counting systems must not be connected to, or operated on, any electronic network including internal office networks, the Internet, or the World Wide Web. Wireless communications may not be used in any way in a voting system. A network may be used as an internal, integral part of the ballot counting system, but that network must not be connected to any other network, the Internet, or the World Wide Web. All elements of the ballot counting system must be observable and secured. Transfer of information from the ballot counting system to another system for network connection or broadcast must be made via disk, tape, or other physical means of communication other than direct electronic connection.

NEW SECTION. Sec. 23. A new section is added to chapter 29A.60 RCW to read as follows:

Before the first ballot counting session in each election, a report must be produced demonstrating that the system contains no vote data before commencement of counting ballots. At the completion of each ballot counting session, the ballot counting system must produce a report of the results compiled that includes date and time information. Before commencing any additional ballot counting session, a report of the results contained in the system must be produced that includes date and time information. This report must be compared with the report produced at the end of the previous ballot counting session to ensure that no changes have been made to the vote data in the interim period. This comparison must be performed in the presence of political party observers if representatives have been appointed by their respective political parties and are present at the time of comparison. This procedure must be employed for subsequent counting sessions. Nothing in this section precludes the county auditor from zeroing individual devices in subsequent counting sessions if a report is created after each session and before the next, with the results being merged into the total.

Sec. 24. RCW 29A.60.060 and 2003 c 111 s 1506 are each amended to read as follows:

After the close of the polls, counties employing poll-site ballot counting devices or a remote counting location may telephonically or electronically transmit the accumulated tally for each device to a central reporting location. Before making a telephonic or electronic transmission the precinct election officer must create a printed record of the results of the election for that poll site. During the canvassing period the results transmitted telephonically or electronically must be considered unofficial until a complete reconciliation of the results has been performed. This reconciliation may be accomplished by a direct loading of the results from the memory pack into the central accumulator, or a comparison of the report produced at the poll site on election night with the results received by the central accumulating device. The device or devices used to receive the transmission may not be directly connected to the voting system. Transfer of the information received must be made via disk, tape, or other physical means of communication other than direct electronic connection.

NEW SECTION. Sec. 25. A new section is added to chapter 29A.60 RCW to read as follows:

Before the close of business on the day after election day, the county auditor shall conduct an audit of results of votes cast on the poll-site based electronic voting devices used in the county. This audit must be conducted by randomly selecting by lot, up to four percent of the poll-site based electronic voting devices or one electronic voting device, whichever is greater, and comparing the results recorded by each device with those recorded on the paper records created by that device. Three races or issues, randomly selected by lot, must be audited on each device. This audit procedure must be subject to observation by political party representatives if representatives have been appointed and are present at the time of the audit.

NEW SECTION. Sec. 26. A new section is added to chapter 29A.84 RCW to read as follows:

Anyone who removes a paper record produced by a poll-site based electronic voting system from a polling place without authorization is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 27. RCW 29A.04.610 and 2003 c 111 s 161 are each amended to read as follows:

The secretary of state as chief election officer shall make reasonable rules in accordance with chapter 34.05 RCW not inconsistent with the federal and state election laws to effectuate any provision of this title and to facilitate the execution of its provisions in an orderly, timely, and uniform manner relating to any federal, state, county, city, town, and district elections. To that end the secretary shall assist local election officers by devising uniform forms and procedures.

In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules governing the following provisions:

(2) The preparation, maintenance, distribution, review, and filing of precinct maps;

(5) The source and scope of independent evaluations of voting systems that may be relied upon in certifying voting systems for use in this state;

(6) Standards and procedures for the acceptance testing of voting systems by counties;

(7) Standards and procedures for testing the programming of vote tallying software for specific primaries and elections;

(8) Standards and procedures for the preparation and use of each type of certified voting system including procedures for the operation of counting centers where vote tallying systems are used;

(9) Standards and procedures to ensure the accurate tabulation and canvassing of ballots;

(10) Consistency among the counties of the state in the preparation of ballots, the operation of vote tallying systems, and the canvassing of primaries and elections;

(11) Procedures to ensure the secrecy of a voter's ballot when a small number of ballots are counted at the polls or at a counting center;

(12) The use of substitute devices or means of voting when a voting device at the polling place is found to be defective, the counting of votes cast on the defective device, the counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor regarding such circumstances;

(13) Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;

(17) The coordination, delivery, and processing of voter registration records accepted by driver licensing agents or the department of licensing;

(18) The coordination, delivery, and processing of voter registration records accepted by agencies designated by the governor to provide voter registration services;

(19) Procedures to receive and distribute voter registration applications by mail;

(20) Procedures for a voter to change his or her voter registration address within a county by telephone;

(21) Procedures for a voter to change the name under which he or she is registered to vote;

(22) Procedures for canceling dual voter registration records and for maintaining records of persons whose voter registrations have been canceled;

(23) Procedures for the electronic transfer of voter registration records between county auditors and the office of the secretary of state;

(25) Procedures and requirements for the acceptance and filing of declarations of candidacy by electronic means;

(26) Procedures for the circumstance in which two or more candidates have a name similar in sound or spelling so as to cause confusion for the voter;

(33) Standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots;

(34) Standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;

(35) Uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections;

(36) Standards and procedures to accommodate out-of-state voters, overseas voters, and service voters;

(38) The accessibility of polling places and registration facilities that are accessible to elderly and disabled persons;

(39) The aggregation of precinct results if reporting the results of a single precinct could jeopardize the secrecy of a person's ballot;

(41) Procedures for filling vacancies in congressional offices if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met;

(42) Procedures for the statistical sampling of signatures for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;

(43) Standards and deadlines for submitting material to the office of the secretary of state for the voters' pamphlet;

(44) Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been provided by the legislature;

(46) Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met; and

(47) Procedures for the operation, conduct of voting, and usage of poll-site based electronic voting devices and paper records.

NEW SECTION. Sec. 28. All purchases made after July 1, 2004, are subject to the requirements of this act. All existing voting system and voting device approval and certifications are in effect until January 1, 2006.

NEW SECTION. Sec. 29. Nothing in this act prevents the state of Washington, its counties, or its voters from participating in the Secure Electronic Registration and Voting Experiment (SERVE) as authorized by PL 107-107, Title 16, section 1604 and chapter 17, Laws of 2003 1st sp. sess. including system certification, voter registration, and voting.

NEW SECTION. Sec. 30. Sections 18 through 21, 25, and 26 of this act take effect January 1, 2006. The remainder of this act takes effect July 1, 2004."

Senators Roach and Kastama spoke in favor of adoption of the striking amendment.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Roach and Kastama to Substitute Senate Bill No. 6420.

The motion by Senator Roach carried and the striking amendment was adopted by voice vote.

On page 1, line 2 of the title, after "devices;" strike the remainder of the title and insert "amending RCW 29A.12.020, 29A.12.050, 29A.12.060, 29A.12.070, 29A.12.080, 29A.12.090, 29A.12.100, 29A.12.110, 29A.12.130, 29A.12.150, 29A.44.320, 29A.60.060, and 29A.04.610; adding new sections to chapter 29A.12 RCW; adding new sections to chapter 29A.44 RCW; adding new sections to chapter 29A.60 RCW; adding a new section to chapter 29A.84 RCW; creating new sections; prescribing penalties; providing effective dates; and providing an expiration date."

On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6420 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Hargrove: “Will Senator Roach yield to a question? Senator, I’m looking on page 12, line 17 and it says the transferred information received must be made via disk, tape or other physical means of communication other than direct electronic connection. That doesn’t tell me that it’s going to be done with a paper ballot. That still leaves me some pause. Can you tell me if in fact the paper ballots will be counted?”

Senator Roach: “There are paper ballots, the machines that we will be purchasing have a paper trail attached to them so when vote you will be able to have your paper ballot shown to you underneath a plastic screen so you can’t monkey with it. You can look at that and if it is in fact how you voted you push the entry that drops into a secured file box if you will so that there is a paper trail. You know the Constitution of the State of Washington requires that we vote by ballot and philosophically I’ll submit to you that voting only electronically does not provide a ballot. That’s why it’s so important that we have a paper trail. So we have something tangible Senator to in fact let you know that your vote is on a paper and that it will be counted.”

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6420.

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6420 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

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

ENGROSSED SUBSTITUTE SENATE BILL NO. 6420, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6401, by Senators Rasmussen, Roach, Kastama, Franklin, Doumit, Shin, Schmidt, Oke, Haugen and Murray

On motion of Senator Mulliken, Substitute Senate Bill No. 6401 was substituted for Senate Bill No. 6401 and the substitute bill was placed on second reading and read the second time.

Senator Mulliken moved that the following striking amendment by Senators Mulliken and Rasmussen be adopted:

"NEW SECTION. Sec. 31. The United States military is a vital component of the Washington state economy. The protection of military installations from incompatible development of land is essential to the health of Washington's economy and quality of life. Incompatible development of land close to a military installation reduces the ability of the military to complete its mission or to undertake new missions, and increases its cost of operating. The department of defense evaluates continued utilization of military installations based upon their operating costs, their ability to carry out missions, and their ability to undertake new missions.

NEW SECTION. Sec. 32. A new section is added to chapter 36.70A RCW to read as follows:

(1) Military installations are of particular importance to the economic health of the state of Washington and it is a priority of the state to protect the land surrounding our military installations from incompatible development.

(2) It is the intent of the legislature that strategies and policies adopted under this section shall be adopted and amended concurrent with the scheduled update provided in RCW 36.70A.130, except that counties and cities identified in RCW 36.70A.130(4)(a) shall comply with this section on or before December 1, 2005.

(3) A comprehensive plan, amendment to a plan, a development regulation or amendment to a development regulation, should not allow development in the vicinity of a military installation that is incompatible with the installation's ability to carry out its mission requirements. A city or county may find that an existing comprehensive plan and development regulations are compatible with the installation's ability to carry out its mission requirements.

(4) As part of the requirements of RCW 36.70A.070(1) each county and city planning under RCW 36.70A.040 that has a federal military installation, other than a reserve center, that employs one hundred or more personnel and is operated by the United States department of defense within or adjacent to its border, shall notify the commander of the military installation of the county or city's intent to amend its comprehensive plan to address lands adjacent to military installations and consider policies to ensure those lands are protected from incompatible development.

(5)(a) The notice provided under subsection (4) of this section shall request from the commander of the military installation a written recommendation and supporting facts relating to the use of land being considered in the adoption of a comprehensive plan or an amendment to a plan. The notice shall provide sixty days for a response from the commander. If the commander does not submit a response to such request within sixty days, the local government may presume that implementation of the proposed plan or amendment will not have any adverse effect on the operation of the installation.

(b) When a county or city intends to amend its development regulations to be consistent with the comprehensive plan elements addressed in (a) of this subsection, notice shall be provided to the commander of the military installation consistent with subsection (4) of this section. The notice shall request from the commander of the military installation a written recommendation and supporting facts relating to the use of land being considered in the amendment to the development regulations. The notice shall provide sixty days for a response from the commander to the requesting government. If the commander does not submit a response to such request within sixty days, the local government may presume that implementation of the proposed development regulation or amendment will not have any adverse effect on the operation of the installation."

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Mulliken and Rasmussen to Substitute Senate Bill No. 6401.

The motion by Senator Mulliken carried and the striking amendment was adopted by voice vote.

On page 1, line 2 of the title, after "installations;" strike the remainder of the title and insert "adding a new section to chapter 36.70A RCW; and creating a new section."

On motion of Senator Mulliken, the rules were suspended, Engrossed Substitute Senate Bill No. 6401 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6401.

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6401 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

ENGROSSED SUBSTITUTE SENATE BILL NO. 6401, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

On motion of Senator Horn, the rules were suspended, Senate Bill No. 6612 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6612.

The Secretary called the roll on the final passage of Senate Bill No. 6612 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

SENATE BILL NO. 6612, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SENATE BILL NO. 6568, by Senators Fraser, Winsley, Kline, Kohl-Welles, Jacobsen, B. Sheldon, Spanel, Keiser, Franklin and Thibaudeau

Directing the institute for public policy to develop a proposal for establishing a Washington state women's history center or information network.

On motion of Senator Fraser, Substitute Senate Bill No. 6568 was substituted for Senate Bill No. 6568 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6568 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

EDITORS NOTE: The President announced the time for the special order of business had arrived.

The Senate deferred further consideration of Substitute Senate Bill No. 6568, the bill held it’s place on the second reading calendar and Substitute Senate Bill No. 5053 was considered. (See page 49 for motion creating the special order).

On motion of Senator Esser, the Senate advanced to the seventh order of business.

SUBSTITUTE SENATE BILL NO. 5053, by Senate Committee on Ways & Means (originally sponsored by Senators Hale, McCaslin, Schmidt, Honeyford, Parlette, T. Sheldon, Hewitt, Johnson and Oke)

Prohibiting agencies from adopting rules that exceed federal standards without legislative authority.

Senator Fraser: “A point of order. Mr. President, I believe the first sentence of this bill violates the State Constitutional provision in Article II, Section 37. This section of the Constitution requires that sections of statutes being amended need to be set forth at full length. I believe it also violates Senate Rule 57 which also requires that amendatory language for statutes be set forth in full. This bill before us clearly violates this especially the first sentence because it requires that all rules of all agencies of state government complied with this requirement that federal regulations not be exceeded. So that means every single agency and so that regulations of DSHS, Department of Fish & Wildlife, Department of Financial Institutions and so on. It is really not possible for somebody who cares and is trying to follow what’s going on with statutory requirements for those agencies to know that the standards have been changed because they aren’t set forth in the statutes of those agencies. There’s been litigation on this and that’s my point of order.”

Senator Esser: “A point of order. I hope you’ll abide by a previous ruling where you’ve held that you will not rule on constitutional matters, but only on parliamentary questions. I think that would be appropriate in this case as well as regards to any concerns about amendatory language. This bill has not been amended today so any such concern is not timely raised and I would urge be found not in good order.”

At 5:05 p.m., on motion of Senator Esser, the Senate was declared to be at ease subject to the Call of the President.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6568.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6568.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6568 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

SUBSTITUTE SENATE BILL NO. 6568, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SHB 1031 by House Committee on Judiciary (originally sponsored by Representatives Lovick, O'Brien, Sullivan and Lantz)

E2SHB 1151 by House Committee on Judiciary (originally sponsored by Representatives Lovick, Lantz, Jarrett, Miloscia, Delvin, Moeller, Wallace, G. Simpson and Upthegrove)

2SHB 1230 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives G. Simpson, Benson, Schual-Berke, Conway, Cooper, Ruderman and Rockefeller; by request of Insurance Commissioner)

Regulating insurable interests and employer-owned life and disability insurance.

SHB 1328 by House Committee on Finance (originally sponsored by Representatives Fromhold, Cairnes, Sullivan, Veloria, Skinner, Alexander, Morris, Moeller, Benson, Darneille, Linville, Jarrett, Miloscia, Clibborn, Cox, Pettigrew, Clements, McCoy, Campbell, Romero, O'Brien, Talcott, Ahern, Schindler, Hinkle, Hunt, Rockefeller, Wallace, Quall, Conway, Flannigan, Chase, Blake, G. Simpson, Upthegrove, Kenney, Newhouse, Buck, Woods and Bush)

Clarifying that boarding homes are not subject to taxation under chapter 82.04 RCW. Revised for 1st Substitute: Modifying the tax treatment of boarding homes.

EHB 1333 by Representatives Lantz, Carrell, Campbell, Darneille, O'Brien and Chase

SHB 1369 by House Committee on Commerce & Labor (originally sponsored by Representatives Romero and Alexander)

SHB 1488 by House Committee on Appropriations (originally sponsored by Representatives Miloscia, Armstrong, Pettigrew, Morris, Linville, Schual-Berke, Conway, Romero, Chase, Eickmeyer, Haigh, Hunt, Moeller, Anderson, McCoy, Lovick, Upthegrove, Berkey, Morrell, Lantz, Wood and Kenney)

E2SHB 1517 by House Committee on Commerce & Labor (originally sponsored by Representatives Cooper, G. Simpson, Conway, Sullivan and Wallace)

SHB 1603 by House Committee on Judiciary (originally sponsored by Representatives Flannigan, Campbell, Fromhold, Moeller, Armstrong, Cairnes, G. Simpson, O'Brien and Delvin)

HB 1667 by Representatives Conway, Hankins, Kenney, Crouse, Kirby, Delvin, Hudgins, Lantz, Sullivan, McCoy and Campbell

Clarifying local government land use and zoning powers over gambling activities.

HB 1670 by Representatives McDermott, Armstrong, Sommers, Haigh, Kessler, Nixon, Hatfield, Wood, Hunt, Tom, Wallace and Shabro

2SHB 1828 by House Committee on Appropriations (originally sponsored by Representatives Schual-Berke, Pflug, Cody, Hankins, Linville, Skinner, Cooper, Alexander, Ruderman, Delvin, McDermott, Ericksen, Campbell, Santos, Haigh, Quall, Upthegrove, G. Simpson, Hatfield, Kessler, Conway and Kenney)

Requiring that insurance coverage for mental health services be at parity with medical and surgical services.

SHB 1867 by House Committee on Judiciary (originally sponsored by Representatives Lantz, Carrell and Rockefeller)

2SHB 1897 by House Committee on Appropriations (originally sponsored by Representatives Kenney, Chandler, Conway and Condotta)

SHB 1976 by House Committee on Finance (originally sponsored by Representatives Conway, Pettigrew, Talcott, Mielke, McCoy, Bush and Haigh)

Providing a property tax exemption to widows or widowers of honorably discharged veterans.

SHB 1982 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Kenney, Ahern, Lovick, O'Brien, Mielke, Pearson and Miloscia)

Revising standards for disclosure of information concerning sex offenders and kidnapping offenders.

SHB 2055 by House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives Morris, Crouse and Bush)

Modifying the taxation of bundled telecommunications services. Revised for 1st Substitute: Modifying the taxation of telephone services.

ESHB 2275 by House Committee on Capital Budget (originally sponsored by Representatives Mastin and Dunshee)

SHB 2298 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Schoesler, Kenney, McDonald, Hunt, G. Simpson, Haigh, Shabro, Morrell, Clibborn, Hudgins and Benson; by request of Department of Agriculture)

SHB 2299 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Schoesler, Kenney, McDonald, Hunt, G. Simpson, Haigh, Shabro, Morrell, Clibborn, Newhouse, Clements, Hudgins and Benson; by request of Department of Agriculture)

E2SHB 2322 by House Committee on Appropriations (originally sponsored by Representatives McDonald, Delvin, Kristiansen, Pearson, Lovick and Shabro)

Requiring prehire screening for law enforcement applicants. Revised for 1st Substitute: Law enfrcmnt prehire process Revised for 2nd Substitute: Requiring prehire screening for law enforcement applicants.

2SHB 2339 by House Committee on Finance (originally sponsored by Representatives Morris, Ericksen, Linville, Quall, Condotta, Wood, Conway, Sullivan, Mielke, Armstrong, Boldt, Orcutt, Newhouse, Hinkle and Hudgins)

ESHB 2347 by House Committee on Trade & Economic Development (originally sponsored by Representatives McDonald, Morrell, Edwards and Hinkle)

Public facilities districts Revised for 1st Substitute: Authorizing a sales and use tax for the construction of cultural centers.

ESHB 2356 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Hinkle, Buck, Condotta, O'Brien, Pearson and Shabro)

EHB 2364 by Representatives Kagi, O'Brien, Clibborn, Santos, Dickerson, Schual-Berke, Morrell, Edwards and Hudgins

ESHB 2383 by House Committee on Higher Education (originally sponsored by Representatives Kenney, Cox, Fromhold, Chase, Hudgins, Wood, Morrell, Santos and Kagi)

HB 2436 by Representatives Morrell, Lantz, Carrell, Bush, Moeller, Kirby, McCoy, Dickerson, O'Brien, Conway, Chase, Sullivan, Cody, Haigh, Rockefeller, Fromhold, Schual-Berke, Hudgins, Talcott, Clibborn, Darneille, Ormsby, G. Simpson, Hunt, Jarrett, Campbell, Wallace, Upthegrove, Woods, Armstrong, Kenney, Dunshee, Nixon, Condotta and Hankins

Increasing the combined disposable income eligibility threshold for the retired persons property tax relief program.

ESHB 2441 by House Committee on Trade & Economic Development (originally sponsored by Representatives Chase, Wallace, Conway, D. Simpson, Condotta, Moeller, Morrell, Anderson, Upthegrove and Hudgins)

Creating a "Washington Made" logo. Revised for 1st Substitute: Authorizing the creation of a "Washington Made" logo to promote Washington products.

SHB 2456 by House Committee on Appropriations (originally sponsored by Representatives McDonald, Lantz, Carrell, Bush, Pearson, Ahern, Haigh, Armstrong, Talcott, Shabro, Holmquist, Kristiansen, Anderson, Chase, Moeller, Morrell and Woods)

Establishing provisions for disclosure of sexual misconduct by applicants for school district employment. Revised for 1st Substitute: Modifying school district employee hiring requirements.

ESHB 2469 by House Committee on Appropriations (originally sponsored by Representatives G. Simpson, Campbell, Conway, Clements, Upthegrove, O'Brien, Cody, Cooper, Bush, Dickerson, Dunshee, Darneille, Hunt, Wood, Chase, Linville, Moeller, Morrell, Rockefeller, Clibborn, Lantz and Schual-Berke)

Authorizing certain state agencies to purchase prescription drugs from Canadian wholesalers and pharmacies.

SHB 2478 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Cooper, Sump, Hinkle and Chase)

ESHB 2479 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Kagi, Hinkle, Cooper and Upthegrove)

E2SHB 2481 by House Committee on Appropriations (originally sponsored by Representatives Dickerson, Lovick, Kessler, McIntire, Lantz, Upthegrove, G. Simpson, Darneille, Tom, Moeller, Chase and Santos)

HB 2485 by Representatives Lantz, Carrell, Newhouse, Alexander, Jarrett, Moeller, Sommers, Kagi, Upthegrove, Schual-Berke and Darneille

SHB 2489 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Cooper, Condotta, Anderson, Nixon, Upthegrove, Priest, Dunshee, Moeller and Armstrong)

HB 2499 by Representatives Morris, McIntire, Nixon, Chase and Orcutt; by request of Department of Revenue and Department of General Administration

SHB 2507 by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Bush, Morrell, Campbell, Chase and Moeller)

Providing for the recoupment of county and city employee salary and wage overpayments.

HB 2511 by Representatives Flannigan, Jarrett, Lovick, Schual-Berke and Moeller; by request of Washington Traffic Safety Commission

ESHB 2513 by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, Holmquist and Pettigrew)

Concerning the disclosure of information by persons licensed under chapter 18.225 RCW.

HB 2537 by Representatives Alexander, Fromhold, Conway, G. Simpson, Moeller and Chase; by request of Select Committee on Pension Policy

EHB 2545 by Representatives Condotta, Chase, Armstrong, Sump, Hunt, Chandler, Newhouse, Hinkle, Kristiansen, Holmquist, Clements, Schoesler and Skinner

ESHB 2556 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives O'Brien, Kagi, Carrell, Upthegrove, Miloscia, Lovick and Moeller)

HB 2577 by Representatives Linville, Carrell, Kirby, Newhouse, Lovick, Campbell, McMahan, Moeller and Flannigan

HB 2578 by Representatives O'Brien, Delvin, Pettigrew, Benson, Kessler, Haigh, Boldt, Clibborn and Pearson

Adding situations in which a crime victim is vulnerable or incapable of resistance due to the lack of a fixed residence to the list of illustrative aggravating circumstances for which an exceptional sentence may be imposed.

SHB 2582 by House Committee on Health Care (originally sponsored by Representatives Linville, Bailey, Cody and Campbell)

Pertaining to interim permits for speech-language pathologists and audiologists. Revised for 1st Substitute: Providing for interim permits for speech-language pathologists and audiologists.

SHB 2596 by House Committee on Children & Family Services (originally sponsored by Representatives Dickerson, Kagi, Kirby, Quall, Schual-Berke, G. Simpson, Tom, Kenney, McDermott, Boldt, Wood, Linville, Chase, Lantz, O'Brien, Haigh, Conway, Morrell, Miloscia, Kessler, Santos and Clibborn)

HB 2612 by Representatives Grant, Hankins, Delvin and Veloria; by request of Department of Community, Trade, and Economic Development

SHB 2618 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Schoesler, Holmquist, Grant and Sump)

SHB 2621 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Blake, Orcutt, Hatfield and Flannigan)

Providing for a razor clam license. Revised for 1st Substitute: Concerning personal use shellfish licenses.

SHB 2626 by House Committee on Appropriations (originally sponsored by Representatives Hatfield, Pearson, Blake and Sump; by request of Department of Fish and Wildlife)

Allowing the department of fish and wildlife to allocate certain forfeited moneys for coastal groundfish management and research.

SHB 2635 by House Committee on Trade & Economic Development (originally sponsored by Representatives Pettigrew, Skinner, Jarrett, Clibborn, McDonald, Veloria, Anderson, Chase, Morrell and Rockefeller)

Authorizing port districts to provide consulting services. Revised for 1st Substitute: Authorizing port districts to provide limited consulting services.

ESHB 2650 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Flannigan, Cooper, Priest, Quall, Jarrett, Kessler, Tom, Rockefeller, Dunshee, Grant, Romero, Moeller, McDermott, O'Brien, Chase, Upthegrove, Hunt, G. Simpson, Kenney, Wallace, Wood and Kagi)

EHB 2654 by Representatives Santos, Cody, Kagi, Chase, Kenney, McIntire, Schual-Berke and McDermott

SHB 2657 by House Committee on Commerce & Labor (originally sponsored by Representatives Morrell and McDonald)

SHB 2670 by House Committee on Local Government (originally sponsored by Representatives Moeller, Sullivan, Morrell, Hinkle, Chase, McCoy, Cox, Clibborn, Condotta, Lovick, G. Simpson, Linville and Rockefeller)

Concerning veterans and veterans' relief. Revised for 1st Substitute: Studying matters affecting the administration of the veterans' assistance fund.

SHB 2680 by House Committee on Health Care (originally sponsored by Representatives Cody, Bailey, Schual-Berke, G. Simpson, Anderson, Morrell, Kenney, Wallace, Rockefeller and Edwards; by request of Superintendent of Public Instruction)

Requiring development of a model policy for nutrition and physical activity for schools.

ESHB 2689 by House Committee on Finance (originally sponsored by Representatives Eickmeyer, Buck, Miloscia, Schoesler, Hatfield, Armstrong, Haigh, Skinner, Kessler, Orcutt, Grant, Pearson, Ruderman, Campbell, Blake, Fromhold, Kenney, Woods, Linville and Rockefeller; by request of Governor Locke)

Extending tax incentives in rural counties expiring in 2003 or 2004. Revised for 1st Substitute: Extending tax incentives.

EHB 2694 by Representatives Santos, Jarrett, Morrell, McDonald, McIntire, Kenney, Chase, Edwards and Darneille

Revising distribution of funds for operating and maintenance of very low-income housing projects.

2SHB 2704 by House Committee on Appropriations (originally sponsored by Representatives Talcott, Haigh, Tom, Kenney, Anderson, Nixon, Carrell, Boldt, Kirby, Benson, Hunter, Jarrett, Priest, Skinner, Upthegrove, Shabro, Miloscia, Quall, Buck, Ruderman, Moeller, Rockefeller and Kagi)

SHB 2707 by House Committee on Higher Education (originally sponsored by Representatives Kenney, Priest, Sommers, Jarrett, McCoy, Chase and Hudgins)

Reaffirming the mission of the higher education branch campuses. Revised for 1st Substitute: Regarding higher education branch campuses.

SHB 2708 by House Committee on Higher Education (originally sponsored by Representatives Ormsby, Kenney, Cox, Fromhold, Moeller, Dickerson, Chase, Lantz, Morrell, Wood, Hudgins and Kagi)

Creating conditional scholarships for prospective teachers. Revised for 1st Substitute: Providing for conditional scholarships and loan repayments for prospective teachers.

SHB 2711 by House Committee on Health Care (originally sponsored by Representatives Kenney, Morrell, Cody, McIntire, Chase and Conway)

HB 2720 by Representatives Kenney, McCoy, Pearson, Dunshee, Schual-Berke, Cooper, Kristiansen, Chase and Morrell; by request of State Board of Education

SHB 2723 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Morris, Carrell, Kirby, Wood, Benson, Darneille, Pearson, O'Brien and Anderson)

SHB 2732 by House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives Tom, Morris, Ruderman, Sullivan, Nixon, Crouse, Clements, Hudgins, Pearson, Jarrett and Wood)

E2SHB 2769 by House Committee on Appropriations (originally sponsored by Representatives Pettigrew, Benson, Kagi, Nixon, Miloscia, Tom, Darneille, Dickerson, Linville, Hunter, G. Simpson, Kirby, Moeller, Schual-Berke, Chase, Upthegrove, Morrell, Wood and Hudgins)

ESHB 2771 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Sommers, Lantz, Cody, Nixon, Morrell, Hankins, Tom, Kirby, Delvin, Mielke, Pearson, McMahan, Moeller, Dickerson, McIntire, Kenney, Kessler, Conway, Darneille, Sullivan, Schual-Berke, Kagi and Ormsby)

ESHB 2784 by House Committee on Trade & Economic Development (originally sponsored by Representatives Pettigrew, Skinner, O'Brien, Conway, Hunt, Cooper, Cairnes, Eickmeyer, Jarrett, Sullivan, Kirby, G. Simpson, Ruderman, Hatfield, Moeller, Chase, Kenney, Morrell, Hudgins and Murray)

SHB 2788 by House Committee on Health Care (originally sponsored by Representatives Kessler, Schual-Berke, Cody, Morrell, Clibborn, Campbell, Moeller, Darneille, Buck and Kagi)

Establishing priority for funds in the liability insurance program for retired primary care providers volunteering to serve low-income patients.

ESHB 2797 by House Committee on Health Care (originally sponsored by Representatives Morrell, Cody, Linville, G. Simpson, Edwards, Kenney and Ormsby; by request of Insurance Commissioner)

Increasing access to health insurance options for certain persons eligible for the Federal Health Coverage Tax Credit under the Trade Act of 2002 (P.L. 107-210).

SHB 2802 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Schoesler, Linville, Romero, Grant, Shabro, Schual-Berke, Rockefeller, Flannigan, Alexander, Hudgins, Anderson, Ruderman, Sump, Murray, Boldt, Darneille, Clements, Dickerson, Newhouse, Hunt, Lantz, McDermott, Kenney, Haigh, Clibborn, Kristiansen, Holmquist, Quall, O'Brien, Eickmeyer, Woods, Buck, Bailey, Kessler, G. Simpson, Morrell, Wallace, Lovick, Edwards, Benson, Pearson, Nixon, Armstrong, Hinkle, Wood, Moeller, Ahern, Roach, Cooper, McCoy, Cody, Conway, Kagi, Ormsby, Skinner, McMorris, Campbell, Sullivan, Chase, Santos and Condotta)

Regulating insurance investments in limited liability companies formed to develop real property.

2SHB 2818 by House Committee on Appropriations (originally sponsored by Representatives Kagi, Boldt, Darneille, Pearson, Cooper, Linville, Hudgins, Kessler, Lantz, Conway, G. Simpson, Edwards, Sullivan, Kenney, Wood, Schual-Berke, Chase, Santos, Ormsby and Dickerson)

SHB 2837 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Schual-Berke, Benson, Cody, G. Simpson, Kagi, Lantz, Linville, Morrell, Wallace, Kenney, O'Brien, Miloscia, Sommers, Rockefeller, Moeller, Clibborn, Edwards, Darneille and Dickerson)

SHB 2849 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Kagi, Cody, Campbell, Bush and Schual-Berke; by request of Department of Health)

ESHB 2851 by House Committee on Health Care (originally sponsored by Representatives Clibborn, Campbell, Darneille and Edwards; by request of Department of Health)

Removing certificate of need limitations on bed capacity and redistribution for federally certified critical access hospitals.

EHB 2870 by Representatives Romero, Murray, Edwards, Wood, Upthegrove and Santos

Making available relocation assistance payments to low-income tenants. Revised for 1st Substitute: Making available relocation assistance payments to tenants.

SHB 2871 by House Committee on Health Care (originally sponsored by Representatives Darneille, Campbell, Cody, Miloscia, Moeller, Wallace, Schual-Berke, Skinner, Murray, Upthegrove and Santos)

ESHB 2892 by House Committee on Appropriations (originally sponsored by Representatives Upthegrove, Schual-Berke, G. Simpson, Cairnes, Wallace, Veloria, Wood, Kenney, Morrell and Conway)

SHB 2904 by House Committee on Judiciary (originally sponsored by Representatives Lovick, Moeller, Kirby, McMahan and Newhouse; by request of Department of Social and Health Services)

SHB 2919 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Condotta, Cooper and Hinkle)

SHB 2920 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Pearson, Sump, Mielke, Boldt, Hinkle, Condotta and Buck)

HB 2921 by Representatives Fromhold, Conway, McIntire, Campbell, Blake and G. Simpson

SHB 2929 by House Committee on Finance (originally sponsored by Representatives Schoesler, Grant, Chandler, Linville, Delvin, Cairnes, Sump, Mastin, Newhouse, Morris, Holmquist, Ericksen, McDonald, Clements, Conway, Condotta, Hinkle, Skinner, Armstrong, Kristiansen, Hatfield, Kirby, Sullivan, Pearson, Shabro and Hankins)

Suspending business and occupation taxation on certain businesses impacted by the ban on American beef products. Revised for 1st Substitute: Providing temporary tax relief for Washington beef processors.

SHB 2931 by House Committee on Appropriations (originally sponsored by Representatives Campbell, Schual-Berke, Rockefeller, Cody and Wallace)

Using the health professions account for professional education and recruitment and retention. Revised for 1st Substitute: Using the health professions account for efforts affecting the health professions and patients.

ESHB 2933 by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Cody, Benson, Ormsby, O'Brien, Sullivan, Wood and Morrell)

Developing a schedule of fees for performing independent reviews of health care disputes.

SHB 3001 by House Committee on Children & Family Services (originally sponsored by Representatives Pettigrew, Boldt, Flannigan, Bailey, Kagi, Clibborn, Shabro, McDermott, Dickerson, Miloscia, Darneille, Roach, O'Brien, Morrell, Santos, Linville, Lantz, Wood and Chase)

SHB 3020 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Cooper, Rockefeller, Kagi, Sullivan, Chase, G. Simpson, D. Simpson, Lantz, Dickerson, Lovick and Upthegrove)

E2SHB 3026 by House Committee on Appropriations (originally sponsored by Representatives O'Brien, Mielke, Darneille, Ahern, Pearson, Nixon and Linville)

SHB 3043 by House Committee on Education (originally sponsored by Representatives Tom, Quall, Bailey, Lantz, McDermott, Anderson, Chase, Morrell and Kenney)

HB 3045 by Representatives Veloria, Skinner, Dunshee, Kenney, Campbell, Haigh, McDermott, Hankins, Miloscia, Kirby, Lovick, Sullivan, G. Simpson, Rockefeller, Cooper, Santos, Cairnes, Benson, Eickmeyer, Murray, Jarrett, Mastin, Grant, Anderson, Cody, Upthegrove, Chase, Morrell, Tom and O'Brien

Directing the board of natural resources to exchange certain common school trust land.

SHB 3051 by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Pettigrew, Cairnes, Santos, McCoy, Sump, Linville, Buck, Chase and Upthegrove)

SHB 3057 by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Wood, McCoy, Kenney, Condotta and Chase; by request of Department of Labor & Industries)

Conforming the social security offset provisions of Title 51 RCW to the modified federal social security retirement age and continuing to allow the state to implement an offset otherwise imposed by the federal government.

SHB 3066 by House Committee on State Government (originally sponsored by Representatives Romero, Moeller, Clibborn, D. Simpson and Ormsby)

ESHB 3078 by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Dickerson, Boldt, Flannigan, Kagi and Pettigrew)

Revising timelines for sealing juvenile records. Revised for 1st Substitute: Revising timelines for sealing juvenile records. (REVISED FOR ENGROSSED: Concerning access to information on the existence of sealed juvenile records.)

SHB 3081 by House Committee on Children & Family Services (originally sponsored by Representative Rockefeller)

Revising provisions relating to medical and dental care and testing for children in the care of the department of social and health services. Revised for 1st Substitute: Revising provisions relating to medical testing for children in the care of the department of social and health services.

SHB 3083 by House Committee on Judiciary (originally sponsored by Representatives Kagi, Boldt, Dickerson, Orcutt, Pettigrew and Darneille)

Providing immunity for any person who cooperates with an investigation of child abuse or neglect.

SHB 3084 by House Committee on Children & Family Services (originally sponsored by Representatives Darneille, G. Simpson, Chase, Upthegrove, Ormsby, Romero, Morrell, Kenney and O'Brien)

2SHB 3085 by House Committee on Appropriations (originally sponsored by Representatives Kagi, Boldt, Dickerson, Orcutt, Shabro, Pettigrew, Darneille and Morrell)

Encouraging the use of family decision meetings regarding children in the child welfare system.

SHB 3090 by House Committee on Children & Family Services (originally sponsored by Representatives Kagi, Boldt, Darneille, Miloscia, Pettigrew, Roach, Dickerson, Fromhold, Talcott, Shabro, Pearson and Bailey)

SHB 3092 by House Committee on Juvenile Justice & Family Law (originally sponsored by Representative Delvin)

Providing time for signing denial of paternity. Revised for 1st Substitute: Making technical correction to the uniform parentage act.

ESHB 3101 by House Committee on Judiciary (originally sponsored by Representatives Darneille, G. Simpson, Campbell, Romero, Upthegrove, Ormsby, Morrell, Kenney and O'Brien)

Restricting the sale, foreclosure, or seizure of property belonging to a service member on deployment. Revised for 1st Substitute: Restricting a trustee's sale, foreclosure, or seizure of property belonging to a service member on deployment.

SHB 3103 by House Committee on Higher Education (originally sponsored by Representatives Kenney, Cox, Fromhold, Priest, Morrell, Hudgins, McCoy, McDermott, Haigh, G. Simpson and Santos)

2SHB 3112 by House Committee on Transportation (originally sponsored by Representatives Cooper and D. Simpson)

ESHB 3116 by House Committee on Finance (originally sponsored by Representatives Murray, Cairnes, Sehlin, Sommers, McIntire, Lovick, Hatfield, Kenney, Morrell and Santos)

Modifying tax exemptions for blood banks, bone or tissue banks, and comprehensive cancer centers. Revised for 1st Substitute: Modifying tax exemptions for blood banks and bone or tissue banks. (REVISED FOR ENGROSSED: Modifying tax exemptions for qualifying blood banks, tissue banks, and blood and tissue banks.)

SHB 3124 by House Committee on State Government (originally sponsored by Representatives Miloscia and Jarrett)

Allowing a general contractor/construction manager to perform more than thirty percent of a project when it involves tunneling.

SHB 3158 by House Committee on Finance (originally sponsored by Representatives McIntire, Kessler and Edwards)

Exempting from sales and use tax computer equipment used primarily in printing or publishing. Revised for 1st Substitute: Exempting computer equipment used primarily in printing or publishing from sales and use tax.

SHB 3175 by House Committee on Appropriations (originally sponsored by Representatives Grant, Chandler, Mastin, Hatfield, Buck, Linville and Kessler)

Providing financial assistance to counties. Revised for 1st Substitute: Creating the county financial assistance advisory council.

EHB 3183 by Representatives Conway, Delvin, G. Simpson, Cooper, Roach, Campbell and Morrell

HJM 4040 by Representatives Pettigrew, Priest, Kagi, Jarrett, Tom, Benson, Miloscia, Darneille, Ormsby, Morrell and O'Brien

ESHJM 4042 by House Committee on Education (originally sponsored by Representatives Linville, Jarrett, Hunt, Chase, Schual-Berke, Kenney and Rockefeller; by request of Superintendent of Public Instruction)

HJR 4205 by Representatives Lantz, Carrell, Campbell, Darneille, O'Brien and Chase

SHCR 4416 by House Committee on Higher Education (originally sponsored by Representatives Kenney, Cox and Morrell; by request of Higher Education Coordinating Board)

Commending the higher education coordinating board for its work in preparing the 2004 Interim Strategic Master Plan for Higher Education.

On motion of Senator Esser, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

Senator Sheldon, B. moved to amend the motion and refer Engrossed Substitute House Bill No. 2469 to the Committee on Health & Long- Term Care.

The President declared the question before the Senate to be the motion by Senator Sheldon, B. to amend the motion by Senator Esser and refer Engrossed Substitute House Bill No. 2469 to the Committee on Health & Long Term Care.

On motion of Senator Esser, the Senate advanced to the seventh order of business.

President Owen: "In ruling upon the point of order raised by Senator Fraser that Substitute Senate Bill No. 5053 violates Article II, Section 37 of the Washington Constitution and Senate Rule 57, the President finds and rules as follows:

The President begins by affirming his past practice of ruling on parliamentary, and not legal, matter. For this reason, a decision on the Constitutional argument is better left to the courts.

As to the next point, it is instructive to keep in mind the President's past ruling as to the timely raising of parliamentary issues before the body has taken action upon a question. Reed's Rule 112 provides in part, "{O}bjections to present action must be presented before consideration has been entered upon. After debate has begun or other action has been taken it is too late."

Applying this rationale to the matters before us, the time for raising such an objection was prior to the passage of this measure by the full Senate previously. Once the measure left this body with the language in question, that objection was waived.

For these reasons, Senator Fraser's point in not well-taken and Substitute Senate Bill No. 5053 is properly before this body for consideration."

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5053.

Senators Brown, Kastama, Hargrove and Keiser spoke against the passage of the bill.

Senator Esser demanded the previous question and the President declared the demand was sustained

The President declared the question before the Senate to be “Shall the main question be now put?”

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5053.

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5053 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5053, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

At 6:02 p.m., on motion of Senator Esser, the Senate adjourned until 12:00 noon, Wednesday, February 18, 2004.

	AFTER	PERCENTAGE
	June 30, 1993	105%
	June 30, 1994	110%
	June 30, 1995	115%
	June 30, 1996	120%