FIFTY NINTH LEGISLATURE - REGULAR SESSION

SEVENTY NINTH DAY

House Chamber, Olympia, Tuesday, March 29, 2005

The House was called to order at 9:55 a.m. by the Speaker (Representative Lovick presiding).

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

{{34582}} MESSAGE FROM THE SENATE

March 28, 2005

Mr. Speaker:

The President has signed SENATE BILL NO. 5794, and the same is herewith transmitted.

Thomas Hoemann, Secretary

{{34586}} INTRODUCTION & FIRST READING

{{34587}}HB 2309 by Representative Linville; by request of Office of Financial Management

AN ACT Relating to water right fees; amending RCW 90.03.470; and creating a new section.

Referred to Committee on Appropriations.

{{34588}} There being no objection, the bill listed on the day's introduction sheet under the fourth order of business was referred to the committee so designated.

{{34589}} REPORTS OF STANDING COMMITTEES

March 24, 2005

HB 1037 Prime Sponsor, Representative Sommers: Making 2003-05 supplemental operating appropriations. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Cody; Conway; Darneille; Dunshee; Grant; Haigh; Hunter; Kagi; Kenney; Kessler; Linville; McDermott; McIntire; Miloscia and Schual-Berke.

MINORITY recommendation: Do not pass. Signed by Representatives Alexander, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Armstrong; Bailey; Buri; Clements; Hinkle; McDonald; Pearson; Priest; Talcott and Walsh.

Passed to Committee on Rules for second reading.

March 25, 2005

HB 2292 Prime Sponsor, Representative Lantz: Addressing health care liability reform. Reported by Committee on Judiciary

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Kirby; Springer; Williams and Wood.

MINORITY recommendation: Do not pass. Signed by Representatives Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Serben.

Passed to Committee on Appropriations.

March 24, 2005

SB 5006 Prime Sponsor, Senator Jacobsen: Concerning the sale of aquaculture products produced on leased state-owned aquatic land. Reported by Committee on Natural Resources, Ecology & Parks

MAJORITY recommendation: Do pass. Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; DeBolt; Dickerson; Hunt; Orcutt and Williams.

Passed to Committee on Rules for second reading.

March 25, 2005

SB 5046 Prime Sponsor, Senator Regala: Modifying provisions governing ethics complaints. Reported by Committee on State Government Operations & Accountability

MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member; Hunt; McDermott; Miloscia and Schindler.

Passed to Committee on Rules for second reading.

March 25, 2005

2SSB 5056 Prime Sponsor, Senate Committee on Ways & Means: Creating the department of archaeology and historic preservation. Reported by Committee on State Government Operations & Accountability

Referred to Committee on Appropriations.

March 25, 2005

SB 5086 Prime Sponsor, Senator Shin: Modifying rural Washington loan fund provisions. Reported by Committee on Economic Development, Agriculture & Trade

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Blake; Buri; Chase; Clibborn; Condotta; Dunn; Grant; Haler; Holmquist; Kenney; Kretz; McCoy; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.

Passed to Committee on Rules for second reading.

March 25, 2005

SSB 5132 Prime Sponsor, Senate Committee on Government Operations & Elections: Protecting personal information of public employees and home care workers. Reported by Committee on State Government Operations & Accountability

Passed to Committee on Rules for second reading.

March 24, 2005

SB 5134 Prime Sponsor, Senator Jacobsen: Making the disabled hunters and fishers advisory committee a permanent entity. Reported by Committee on Natural Resources, Ecology & Parks

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 77.04.150 and 2001 c 312 s 1 are each amended to read as follows:

(1) The commission must appoint an advisory committee to generally represent the interests of ((disabled)) hunters and fishers with disabilities on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. The advisory committee is composed of seven members, each being a person with a disability. The advisory committee members must represent the entire state. The members must be appointed so that each of the six department administrative regions, as they existed on January 1, 2001, are represented with one resident on the advisory committee. One additional member must be appointed at large. The chair of the advisory committee must be a member of the advisory committee and shall be selected by the members of the advisory committee.

(2) For the purposes of this section, a person with a disability includes but is not limited to:

(a) A ((permanently disabled)) person with a permanent disability who is not ambulatory over natural terrain without a prosthesis or assistive device;

(b) A ((permanently disabled)) person with a permanent disability who is unable to walk without the use of assistance from a brace, cane, crutch, wheelchair, scooter, walker, or other assistive device;

(d) A person who is restricted by lung disease to the extent that the person's functional limitations are severe;

(e) A person who is totally blind or visually impaired; or

(f) A ((permanently disabled)) person with a permanent disability with upper or lower extremity impairments who does not have the use of one or both upper or lower extremities.

(3) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the expiration of a term, the commission must appoint a replacement within sixty days to complete the term.

(4) The advisory committee must meet at least semiannually, and may meet at other times as requested by a majority of the advisory committee members for any express purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently serving on the advisory committee constitutes a quorum. The department must provide staff support for all official advisory committee meetings.

(5) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.

(6) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties.

(7) The provisions of this section ((constitute a pilot program that)) expire((s)) July 1, ((2005)) 2008. On December 1, ((2004)) 2007, the commission shall present a report to the appropriate legislative committees detailing the effectiveness of the advisory committee, including(([,])), but not limited to, the participation levels, general interest, quality of advice, and recommendations as to the advisory committee's continuance or modification."

Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; DeBolt; Dickerson; Hunt; Orcutt and Williams.

Passed to Committee on Rules for second reading.

March 25, 2005

SB 5142 Prime Sponsor, Senator Schoesler: Regarding air registrations for elevators and warehouses. Reported by Committee on Economic Development, Agriculture & Trade

Passed to Committee on Rules for second reading.

March 25, 2005

ESSB 5171 Prime Sponsor, Senate Committee on Human Services & Corrections: Enhancing school safety through information sharing between schools and juvenile justice and care agencies. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The purpose of this act is to ensure the health, safety, and general welfare of Washington's school children, teachers, and school staff. The purpose of this act is to give guidance to principals and their designees regarding their duty to report incidents to law enforcement officials when it is reasonable to suspect that a significant crime has occurred. It is the intent of the legislature to ensure that agents of law enforcement, who are trained investigators, are alerted and called upon to determine whether or not there is probable cause to believe a crime has been committed in serious cases. This act is also intended to reduce potential tort liability that could arise from unreported criminal activity.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:

(1)(a) When a principal or the principal's designee of a school has reasonable cause to believe that a person has committed, on school grounds or at an event sponsored by the school, a drug offense or a crime against a person that causes severe injury, that school administrator shall report such incident, or cause a report to be made, to the proper law enforcement agency. The report may be made by telephone, in person, or on paper.

(b) For purposes of this subsection:

(i) "Severe injury" means: Any single act that causes physical trauma of sufficient severity that, if left untreated, could cause death; any sex offense; any single act that causes significant bleeding that, if left untreated, could cause death or serious physical impairment or loss of function; or more than one act, each of which causes significant bleeding that, if left untreated, could cause death or serious physical impairment or loss of function, bone fracture, or unconsciousness; and

(ii) "Crime against a person" has the meaning set out in RCW 9.94A.411.

(c) The report must be made at the first opportunity, but in no case longer than seventy-two hours after there is reasonable cause to believe that a drug offense or severe injury has occurred. The report must include the identity of the accused, if known.

(2) A principal or the principal's designee who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made pursuant to this section shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply to a person who committed the acts reported pursuant to this section."

Correct the title.

Signed by Representatives Dickerson, Chairman; Moeller, Vice Chairman; McDonald, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Lovick and Roberts.

Passed to Committee on Rules for second reading.

March 25, 2005

SB 5180 Prime Sponsor, Senator Kastama: Authorizing the economic development finance authority to continue issuing bonds. Reported by Committee on Economic Development, Agriculture & Trade

Referred to Committee on Capital Budget.

March 25, 2005

SSB 5190 Prime Sponsor, Senate Committee on Agriculture & Rural Economic Development: Concerning adulterated commercial feed. Reported by Committee on Economic Development, Agriculture & Trade

Passed to Committee on Rules for second reading.

March 24, 2005

SB 5232 Prime Sponsor, Senator Oke: Requiring a turkey tag to hunt for turkey. Reported by Committee on Natural Resources, Ecology & Parks

Referred to Committee on Finance.

March 24, 2005

SSB 5237 Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Requiring mandatory electronic data reporting under Title 51 RCW for workers' compensation self-insurers. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Condotta, Ranking Minority Member; Sump, Assistant Ranking Minority Member; Hudgins and McCoy.

Passed to Committee on Rules for second reading.

March 24, 2005

SB 5272 Prime Sponsor, Senator Jacobsen: Reorganizing aquatic lands statutes. Reported by Committee on Natural Resources, Ecology & Parks

MAJORITY recommendation: Do pass as amended.

Beginning on page 30, line 15, after "(7)" strike all material through "(8)" on page 32, line 6, and insert "(((a) For leases for marina uses only, as of July 1, 2004, lease rates will be a percentage of the annual gross revenues generated by that marina. It is the intent of the legislature that additional legislation be enacted prior to July 1, 2004, to establish the percentage of gross revenues that will serve as the basis for a marina's rent and a definition of gross revenues. Annual rent must be recalculated each year based upon the marina's gross revenues from the previous year, as reported to the department consistent with this subsection (7).

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

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

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

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

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

(8)))"

Passed to Committee on Rules for second reading.

March 25, 2005

SSB 5488 Prime Sponsor, Senate Committee on Agriculture & Rural Economic Development: Concerning the fruit and vegetable district fund. Reported by Committee on Economic Development, Agriculture & Trade

Passed to Committee on Rules for second reading.

March 24, 2005

SSB 5676 Prime Sponsor, Senate Committee on Water, Energy & Environment: Requiring oil spill contingency plans to include shellfish beds. Reported by Committee on Natural Resources, Ecology & Parks

Passed to Committee on Rules for second reading.

March 24, 2005

ESSB 5699 Prime Sponsor, Senate Committee on Natural Resources, Ocean & Recreation: Preventing and controlling aquatic invasive species and algae. Reported by Committee on Natural Resources, Ecology & Parks

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that aquatic invasive species and freshwater aquatic algae are causing economic, environmental, and public health problems that affect the citizens and aquatic resources of our state. Many highly destructive species, such as the zebra mussel, are currently not found in Washington's waters and efforts should be made to prevent the introduction or spread of these aquatic invasive species into our state waters. Preventing new introductions is significantly less expensive and causes far less ecological damage than trying to control new infestations.

The legislature also finds that freshwater algae, particularly blue-green algae, are also seriously degrading the water quality and recreational value of a number of our lakes. Blue-green algae can produce toxins that inhibit recreational uses and pose a threat to humans and pets.

It is therefore the intent of the legislature to clarify the roles of the different state agencies involved in these issues in order to address the threat of aquatic invasive species and the problem caused by aquatic freshwater algae, and to provide a dedicated fund source to prevent and control further impacts.

Sec. 2. RCW 88.02.050 and 2002 c 286 s 13 are each amended to read as follows:

(1) Application for a vessel registration shall be made to the department or its authorized agent in the manner and upon forms prescribed by the department. The application shall state the name and address of each owner of the vessel and such other information as may be required by the department, shall be signed by at least one owner, and shall be accompanied by a vessel registration fee of ten dollars and fifty cents per year and the excise tax imposed under chapter 82.49 RCW. ((In addition, two))

(2) Five additional dollars must be collected annually from every vessel registration application. These moneys must be distributed in the following manner:

(a) Two dollars must be deposited into the derelict vessel removal account established in RCW 79.100.100. If the department of natural resources indicates that the balance of the derelict vessel removal account reaches one million dollars as of March 1st of any year, the collection of the two-dollar fee must be suspended for the following fiscal year.

(b) One dollar and fifty cents must be deposited in the aquatic invasive species prevention account created in section 3 of this act.

(d) Fifty cents must be deposited into the aquatic invasive species enforcement account created in section 5 of this act.

(3) Any fees required for licensing agents under RCW 46.01.140 shall be in addition to the ten dollar and fifty cent annual registration fee and the ((two-dollar derelict vessel)) five-dollar fee created in subsection (2) of this section.

(4) Upon receipt of the application and the registration fee, the department shall assign a registration number and issue a decal for each vessel. The registration number and decal shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the code of federal regulations. A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements of this chapter.

(5) The vessel registrations and decals are valid for a period of one year, except that the director of licensing may extend or diminish vessel registration periods, and the decals therefor, for the purpose of staggered renewal periods. For registration periods of more or less than one year, the department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period. Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the vessel registration fee, excise tax, and the derelict vessel fee. Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department.

(6) When the department issues either a notice to renew a vessel registration or a decal for a new or renewed vessel registration, it shall also provide information on the location of marine oil recycling tanks and sewage holding tank pumping stations. This information will be provided to the department by the state parks and recreation commission in a form ready for distribution. The form will be developed and prepared by the state parks and recreation commission with the cooperation of the department of ecology. The department, the state parks and recreation commission, and the department of ecology shall enter into a memorandum of agreement to implement this process.

(7) A person acquiring a vessel from a dealer or a vessel already validly registered under this chapter shall, within fifteen days of the acquisition or purchase of the vessel, apply to the department or its authorized agent for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of one dollar.

NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows:

(1) The aquatic invasive species prevention account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.

(2) Funds in the aquatic invasive species prevention account may be appropriated to the department to develop an aquatic invasive species prevention program for recreational watercraft. Funds must be expended as follows:

(a) To inspect watercraft, watercraft trailers, and outboard motors at selected boat launching sites;

(b) To educate general law enforcement officers on how to enforce state laws relating to preventing the spread of aquatic invasive species;

(c) To evaluate and survey the risk posed by marine recreational watercraft in spreading aquatic invasive species into Washington state waters;

(d) To evaluate the risk posed by float planes in spreading aquatic invasive species into Washington state waters; and

(e) To implement an aquatic invasive species early detection and rapid response plan.

(3) The department shall provide training to Washington state patrol employees working at port of entry weigh stations on how to inspect recreational watercraft for the presence of zebra mussels and other aquatic invasive species. The department shall also cooperatively work with the Washington state patrol to set up random check stations to inspect watercraft at areas of high boating activity.

(4) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of this act. The first report is due December 1, 2007.

NEW SECTION. Sec. 4. A new section is added to chapter 43.21A RCW to read as follows:

(1) The freshwater aquatic algae control account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.

(2) Funds in the freshwater aquatic algae control account may be appropriated to the department to develop a freshwater aquatic algae control program. Funds must be expended as follows:

(a) As grants to cities, counties, tribes, special purpose districts, and state agencies to manage excessive freshwater algae, with priority for the treatment of lakes in which harmful algal blooms have occurred within the past three years; and

(b) To provide technical assistance to applicants and the public about aquatic algae control.

(3) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of this act. The first report is due December 1, 2007.

NEW SECTION. Sec. 5. A new section is added to chapter 43.43 RCW to read as follows:

(1) The aquatic invasive species enforcement account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.

(2) Funds in the aquatic invasive species enforcement account may be appropriated to the Washington state patrol to develop an aquatic invasive species enforcement program for recreational watercraft. Funds must be expended as follows:

(a) To inspect recreational watercraft that are required to stop at port of entry weigh stations managed by the Washington state patrol. The watercraft must be inspected for the presence of zebra mussels and other aquatic invasive species; and

(b) To establish random check stations, in conjunction with the department of fish and wildlife, to inspect watercraft in areas of high boating activity.

(3) The Washington state patrol shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of this act. The first report is due December 1, 2007.

NEW SECTION. Sec. 6. Section 2 of this act applies to vessel registration fees that are due or become due on or after August 1, 2005.

NEW SECTION. Sec. 7. Section 2 of this act expires June 30, 2012."

Referred to Committee on Appropriations.

March 25, 2005

SB 5707 Prime Sponsor, Senator Fraser: Creating a women's history consortium. Reported by Committee on State Government Operations & Accountability

MAJORITY recommendation: Do pass as amended.

On page 3, line 11, after "available" insert ", including topics related to motherhood and the accomplishments of mothers in Washington"

Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member; Hunt; McDermott; Miloscia and Schindler.

Referred to Committee on Appropriations.

March 25, 2005

SB 5723 Prime Sponsor, Senator Delvin: Extending an asparagus exception to the standards for fruits and vegetables. Reported by Committee on Economic Development, Agriculture & Trade

Passed to Committee on Rules for second reading.

March 24, 2005

SSB 5765 Prime Sponsor, Senate Committee on Natural Resources, Ocean & Recreation: Concerning Dungeness crab--Puget Sound fishery licenses. Reported by Committee on Natural Resources, Ecology & Parks

Passed to Committee on Rules for second reading.

March 25, 2005

SB 5809 Prime Sponsor, Senator Fairley: Revising jurisdiction of youth courts. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: Do pass. Signed by Representatives Dickerson, Chairman; Moeller, Vice Chairman; McDonald, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Lovick and Roberts.

Passed to Committee on Rules for second reading.

March 25, 2005

SSB 5862 Prime Sponsor, Senate Committee on International Trade & Economic Development: Creating the association of Washington generals. Reported by Committee on Economic Development, Agriculture & Trade

Passed to Committee on Rules for second reading.

March 24, 2005

SB 6033 Prime Sponsor, Senator Doumit: Creating a Washington coastal Dungeness crab pot buoy tag program. Reported by Committee on Natural Resources, Ecology & Parks

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 77.70.430 and 2001 c 234 s 1 are each amended to read as follows:

(1) In order to administer a Puget Sound crab pot buoy tag program, the department may charge a fee to holders of a Dungeness crab--Puget Sound fishery license to reimburse the department for the production of Puget Sound crab pot buoy tags and the administration of a Puget Sound crab pot buoy tag program.

(2) In order to administer a Washington coastal Dungeness crab pot buoy tag program, the department may charge a fee to holders of a Dungeness crab--coastal or a Dungeness crab coastal class B fishery license to reimburse the department for the production of Washington coastal crab pot buoy tags and the administration of a Washington coastal crab pot buoy tag program.

(3) The department shall annually review the costs of crab pot buoy tag production under this section with the goal of minimizing the per tag production costs. Any savings in production costs shall be passed on to the fishers required to purchase crab pot buoy tags under this section in the form of a lower tag fee.

Sec. 2. RCW 77.70.440 and 2001 c 234 s 2 are each amended to read as follows:

The Puget Sound crab pot buoy tag account is created in the custody of the state treasurer. All revenues from fees from RCW 77.70.430(1) must be deposited into the account. Expenditures from this account may be used for the production of crab pot buoy tags and the administration of a Puget Sound crab pot buoy tag program. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures.

NEW SECTION. Sec. 3. A new section is added to chapter 77.70 RCW to read as follows:

The Washington coastal crab pot buoy tag account is created in the custody of the state treasurer. All revenues from fees from RCW 77.70.430(2) must be deposited into the account. Expenditures from this account may be used for the production of crab pot buoy tags and the administration of a Washington coastal crab pot buoy tag program. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures."

Correct the title.

Referred to Committee on Appropriations.

{{34614}} There being no objection, the bills listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated.

There being no objection, the House advanced to the eleventh order of business.

There being no objection, the House adjourned until 10:00 a.m., March 30, 2005, the 89^th Day of the Regular Session.

FRANK CHOPP, Speaker

RICHARD NAFZIGER, Chief Clerk