NEW SECTION. Sec. 24. Sections 1 through 23 of this act constitute a new chapter in Title 49 RCW."

        Correct the title.

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Hudgins and McCoy.

MINORITY recommendation: Do not pass. Signed by Representatives Condotta, Ranking Minority Member; Sump, Assistant Ranking Minority Member; Crouse

       Referred to Committee on Appropriations.

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March 31, 2005

ESSB 5084   Prime Sponsor, Senate Committee on Early Learning, K-12 & Higher Education: Establishing a foster youth postsecondary education and training coordination committee. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. (1) The legislature finds that:

        (a) The majority of foster youth fail to thrive in our educational system and, relative to nonfoster youth, disproportionately few enroll in college or other postsecondary training programs. As a result, former foster youth generally have poor employment and life satisfaction outcomes;

        (b) Low expectations, lack of information, fragmented support services, and financial hardship are the most frequently cited reasons for failure of foster youth to pursue postsecondary education or training. Initiatives have been undertaken at both the state and community levels in Washington to improve outcomes for foster youth in transition to independence; however, these initiatives are often not coordinated to complement one another;

        (c) Even after they reach the age of eighteen, nonfoster youth often receive financial support from their families to pursue postsecondary education or training. Although the state is the legal guardian for those foster youth who have not been reunited with their families, adopted, or placed into guardianship, after these youth reach the age of eighteen, the state does not consistently provide financial support so that they may pursue postsecondary education or training.

        (2) The legislature intends to encourage and support foster youth to pursue postsecondary education or training opportunities. A coordination committee that provides statewide planning and oversight of related efforts will improve the effectiveness of both current and future initiatives to improve postsecondary educational outcomes for foster youth. In addition, the state can provide financial support to former foster youth pursuing higher education or training by setting aside portions of the state need grant and the state work study programs specifically for foster youth.

        Sec. 2. RCW 74.13.570 and 2003 c 112 s 4 are each amended to read as follows:

        (1) The department shall establish an oversight committee composed of staff from the children's administration of the department, the office of the superintendent of public instruction, the higher education coordinating board, foster youth, former foster youth, foster parents, and advocacy agencies to develop strategies for maintaining foster children in the schools they were attending at the time they entered foster care and to promote opportunities for foster youth to participate in postsecondary education or training.

        (2) The duties of the oversight committee shall include, but are not limited to:

        (a) Developing strategies for school-based recruitment of foster homes;

        (b) Monitoring the progress of current pilot projects that assist foster children to continue attending the schools they were attending at the time they entered foster care;

        (c) Overseeing the expansion of the number of pilot projects;

        (d) Promoting the use of best practices, throughout the state, demonstrated by the pilot projects and other programs relating to maintaining foster children in the schools they were attending at the time they entered foster care; ((and))

        (e) Informing the legislature of the status of efforts to maintain foster children in the schools they were attending at the time they entered foster care;

        (f) Assessing the scope and nature of statewide need among current and former foster youth for assistance to pursue and participate in postsecondary education or training opportunities;

        (g) Identifying available sources of funding available in the state for services to former foster youth to pursue and participate in postsecondary education or training opportunities;

        (h) Reviewing the effectiveness of activities in the state to support former foster youth to pursue and participate in postsecondary education or training opportunities;

        (i) Identifying new activities, or existing activities that should be modified or expanded, to best meet statewide needs; and

        (j) Reviewing on an ongoing basis the progress toward improving educational and vocational outcomes for foster youth.

        Sec. 3. RCW 28B.92.060 and 2004 c 275 s 37 are each amended to read as follows:

        In awarding need grants, the board shall proceed substantially as follows: PROVIDED, That nothing contained herein shall be construed to prevent the board, in the exercise of its sound discretion, from following another procedure when the best interest of the program so dictates:

        (1) The board shall annually select the financial aid award recipients from among Washington residents applying for student financial aid who have been ranked according to:

        (a) Financial need as determined by the amount of the family contribution; and

        (b) Other considerations ((brought to the board's attention)), such as whether the student is a former foster youth.

        (2) The financial need of the highest ranked students shall be met by grants depending upon the evaluation of financial need until the total allocation has been disbursed. Funds from grants which are declined, forfeited or otherwise unused shall be reawarded until ((dispersed)) disbursed, except that eligible former foster youth shall be assured receipt of a grant.

        (3) A student shall be eligible to receive a state need grant for up to five years, or the credit or clock hour equivalent of five years, or up to one hundred twenty-five percent of the published length of time of the student's program. A student may not start a new associate degree program as a state need grant recipient until at least five years have elapsed since earning an associate degree as a need grant recipient, except that a student may earn two associate degrees concurrently. Qualifications for renewal will include maintaining satisfactory academic progress toward completion of an eligible program as determined by the board. Should the recipient terminate his or her enrollment for any reason during the academic year, the unused portion of the grant shall be returned to the state educational grant fund by the institution according to the institution's own policy for issuing refunds, except as provided in RCW 28B.92.070.

        (4) In computing financial need, the board shall determine a maximum student expense budget allowance, not to exceed an amount equal to the total maximum student expense budget at the public institutions plus the current average state appropriation per student for operating expense in the public institutions.

        Sec. 4. RCW 28B.92.030 and 2004 c 275 s 35 are each amended to read as follows:

        As used in this chapter:

        (1) "Institution or institutions of higher education" means:

        (a) Any public university, college, community college, or technical college operated by the state of Washington or any political subdivision thereof; or

        (b) Any other university, college, school, or institute in the state of Washington offering instruction beyond the high school level which is a member institution of an accrediting association recognized by rule of the board for the purposes of this section: PROVIDED, That any institution, branch, extension or facility operating within the state of Washington which is affiliated with an institution operating in another state must be a separately accredited member institution of any such accrediting association, or a branch of a member institution of an accrediting association recognized by rule of the board for purposes of this section, that is eligible for federal student financial aid assistance and has operated as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty consecutive years within the state of Washington, and has an annual enrollment of at least seven hundred full-time equivalent students: PROVIDED FURTHER, That no institution of higher education shall be eligible to participate in a student financial aid program unless it agrees to and complies with program rules and regulations adopted pursuant to RCW 28B.92.150.

        (2) "Financial aid" means loans and/or grants to needy students enrolled or accepted for enrollment as a student at institutions of higher education.

        (3) "Needy student" means a post high school student of an institution of higher education who demonstrates to the board the financial inability, either through the student's parents, family and/or personally, to meet the total cost of board, room, books, and tuition and incidental fees for any semester or quarter.

        (4) "Disadvantaged student" means a post high school student who by reason of adverse cultural, educational, environmental, experiential, familial or other circumstances is unable to qualify for enrollment as a full time student in an institution of higher education, who would otherwise qualify as a needy student, and who is attending an institution of higher education under an established program designed to qualify the student for enrollment as a full time student.

        (5) "Board" means the higher education coordinating board.

        (6) "Former foster youth" means a person who:

        (a) Is between the ages of sixteen and twenty-three;

        (b) Has been in foster care in the state of Washington for a minimum of six months since his or her fourteenth birthday; and

        (c) Has enrolled or will enroll in an institution of higher education in Washington state within three years of high school graduation or having successfully completed his or her GED.

        Sec. 5. RCW 28B.12.060 and 2002 c 354 s 224 are each amended to read as follows:

        The higher education coordinating board shall adopt rules as may be necessary or appropriate for effecting the provisions of this chapter, and not in conflict with this chapter, in accordance with the provisions of chapter 34.05 RCW, the state higher education administrative procedure act. Such rules shall include provisions designed to make employment under the work-study program reasonably available, to the extent of available funds, to all eligible students in eligible postsecondary institutions in need thereof. The rules shall include:

        (1) Providing work under the state work-study program that will not result in the displacement of employed workers or impair existing contracts for services;

        (2) Furnishing work only to a student who:

        (a) Is capable, in the opinion of the eligible institution, of maintaining good standing in such course of study while employed under the program covered by the agreement; and

        (b) Has been accepted for enrollment as at least a half-time student at the eligible institution or, in the case of a student already enrolled in and attending the eligible institution, is in good standing and in at least half-time attendance there either as an undergraduate, graduate or professional student; and

        (c) Is not pursuing a degree in theology;

        (3) Placing priority on providing:

        (a) Work opportunities for students who are residents of the state of Washington as defined in RCW 28B.15.012 and 28B.15.013, particularly former foster youth as defined in RCW 28B.92.030, except resident students defined in RCW 28B.15.012(2)(((f))) (g);

        (b) Job placements in fields related to each student's academic or vocational pursuits, with an emphasis on off-campus job placements whenever appropriate; and

        (c) Off-campus community service placements;

        (4) Provisions to assure that in the state institutions of higher education, utilization of this work-study program:

        (a) Shall only supplement and not supplant classified positions under jurisdiction of chapter 41.06 RCW;

        (b) That all positions established which are comparable shall be identified to a job classification under the director of personnel's classification plan and shall receive equal compensation;

        (c) Shall not take place in any manner that would replace classified positions reduced due to lack of funds or work; and

        (d) That work study positions shall only be established at entry level positions of the classified service unless the overall scope and responsibilities of the position indicate a higher level; and

        (5) Provisions to encourage job placements in occupations that meet Washington's economic development goals, especially those in international trade and international relations. The board shall permit appropriate job placements in other states and other countries.

        NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

        Correct the title.

Signed by Representatives Kenney, Chairman; Sells, Vice Chairman; Fromhold; Hasegawa; Ormsby; Roberts and Sommers.

MINORITY recommendation: Do not pass. Signed by Representatives Cox, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Buri; Dunn; Jarrett and Priest

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5085     Prime Sponsor, Senate Committee on Transportation: Holding child car seat installers harmless for damages. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 46.61.687 and 2003 c 353 s 5 are each amended to read as follows:

        (1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained as follows:

        (a) If the child is less than six years old ((and/or)) or sixty pounds and the passenger seating position equipped with a safety belt system allows sufficient space for installation, then the child ((will)) must be restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system;

        (b) If the child is less than one year of age or weighs less than twenty pounds, the child shall be properly restrained in a rear-facing infant seat;

        (c) If the child is more than one but less than four years of age or weighs less than forty pounds but at least twenty pounds, the child shall be properly restrained in a forward facing child safety seat restraint system;

        (d) If the child is less than six but at least four years of age or weighs less than sixty pounds but at least forty pounds, the child shall be properly restrained in a child booster seat;

        (e) If the child is six years of age or older or weighs more than sixty pounds, the child shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body or an appropriately fitting booster seat; and

        (f) Enforcement of (a) through (e) of this subsection is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a booster seat must ensure that the seat belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. The visual inspection for the usage of a seat belt by a child must ensure that the lap belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. In determining violations, consideration to the above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection. The driver of a vehicle transporting a child who is under the age of six years old or weighs less than sixty pounds, when the vehicle is equipped with a passenger side air bag supplemental restraint system, and the air bag system is activated, shall transport the child in the back seat positions in the vehicle where it is practical to do so.

        (2) A person violating subsection (1)(a) through (e) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.

        (3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.

        (4) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.

        (5) As used in this section "child booster seat" means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 that is designed to elevate a child to properly sit in a federally approved lap/shoulder belt system.

        (6) The requirements of subsection (1)(a) through (e) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.

        (7)(a) Except as provided in (b) of this subsection, a person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

        (b) The immunity provided in this subsection does not apply to a certified child passenger safety technician who is employed by a retailer of child passenger restraint systems and who, during his or her hours of employment and while being compensated, provides inspection, adjustment, or educational services regarding child passenger restraint systems."

Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Campbell; Kirby; Serben; Springer; Williams and Wood.

       Passed to Committee on Rules for second reading.

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March 31, 2005

ESB 5087     Prime Sponsor, Senator Kohl-Welles: Providing for a review and update of the best practices audit of compensation and employment for part-time faculty in technical and community colleges. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Representatives Kenney, Chairman; Sells, Vice Chairman; Fromhold; Hasegawa; Ormsby; Priest; Roberts and Sommers.

MINORITY recommendation: Do not pass. Signed by Representatives Cox, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Buri; Dunn and Jarrett

       Passed to Committee on Rules for second reading.

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April 1, 2005

ESB 5089     Prime Sponsor, Senator Sheldon: Limiting nuisance noise from off-road vehicles. (REVISED FOR ENGROSSED: Creating a task force to study off-road vehicle noise management.) Reported by Committee on Natural Resources, Ecology & Parks

MAJORITY recommendation: Do pass. Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Blake; Dickerson; Eickmeyer; Hunt and Williams.

MINORITY recommendation: Do not pass. Signed by Representatives Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; DeBolt and Orcutt

       Passed to Committee on Rules for second reading.

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April 1, 2005

SSB 5092     Prime Sponsor, Senate Committee on Agriculture & Rural Economic Development: Creating a beginning farmers loan program. Reported by Committee on Economic Development, Agriculture & Trade

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

       Passed to Committee on Rules for second reading.

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April 1, 2005

ESB 5094     Prime Sponsor, Senator Jacobsen: Changing the maximum per parcel rate for conservation district special assessments. Reported by Committee on Economic Development, Agriculture & Trade

MAJORITY recommendation: Do pass as amended:

        On page 3, line 5, after "over" strike "one million"

Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Blake; Chase; Clibborn; Grant; Kenney; Kilmer; McCoy; Morrell; Quall and Wallace.

MINORITY recommendation: Do not pass. Signed by Representatives Kristiansen, Ranking Minority Member; Buri; Dunn; Haler; Holmquist; Kretz; Newhouse and Strow

       Passed to Committee on Rules for second reading.

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March 31, 2005

ESSB 5098   Prime Sponsor, Senate Committee on Water, Energy & Environment: Regulating the energy efficiency of certain products. Reported by Committee on Technology, Energy & Communications

MAJORITY recommendation: Do pass as amended:

        On page 1, line 8, after "and" strike "two billion" and insert "one billion seven hundred million"

        On page 7, line 16, after "1.26" strike "and a maximum water consumption factor of 9.5"

        On page 7, line 17, after "capacity" strike "," and insert "and"

        On page 7, beginning on line 17, after "factor" strike ", and water consumption factor"

        On page 3, beginning on line 16, strike all of subsection (8)

        Renumber the remaining subsections consecutively and correct any internal references accordingly.

        On page 6, line 5, after "freezers;" strike "(e) digital television adapters;"

        Reletter the remaining subsections consecutively and correct any internal references accordingly.

        On page 8, beginning on line 20, strike all of subsection (5)

        Renumber the remaining subsections consecutively and correct any internal references accordingly.

        On page 11, line 8, after "freezer," strike "digital television adapter,"

        On page 11, at the beginning of line 20, strike "digital television adapter,"

Signed by Representatives Morris, Chairman; Kilmer, Vice Chairman; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Ericks; Hudgins; Takko and Wallace.

MINORITY recommendation: Do not pass. Signed by Representatives Nixon and Sump

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5101     Prime Sponsor, Senate Committee on Water, Energy & Environment: Providing incentives to support renewable energy. Reported by Committee on Technology, Energy & Communications

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. The legislature finds that the use of renewable energy resources generated from local sources such as solar and wind power benefit our state by reducing the load on the state's electric energy grid, by providing nonpolluting sources of electricity generation, and by the creation of jobs for local industries that develop and sell renewable energy products and technologies.

        The legislature finds that Washington state has become a national and international leader in the technologies related to the solar electric markets. The state can support these industries by providing incentives for the purchase of locally made renewable energy products. Locally made renewable technologies benefit and protect the state's environment. The legislature also finds that the state's economy can be enhanced through the creation of incentives to develop additional renewable energy industries in the state.

        The legislature intends to provide incentives for the greater use of locally created renewable energy technologies, support and retain existing local industries, and create new opportunities for renewable energy industries to develop in Washington state.

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

        (1) "Customer-generated electricity" means the alternating current electricity that is generated from a renewable energy system located on an individual's, businesses', or local government's real property that is also provided electricity generated by a light and power business. A system located on a leasehold interest does not qualify under this definition. "Customer-generated electricity" does not include electricity generated by a light and power business with greater than one thousand megawatt hours of annual sales or a gas distribution business.

        (2) "Economic development kilowatt-hour" means the actual kilowatt-hour measurement of customer-generated electricity multiplied by the appropriate economic development factor.

        (3) "Photovoltaic cell" means a device that converts light directly into electricity without moving parts.

        (4) "Renewable energy system" means a solar energy system, an anaerobic digester as defined in RCW 82.08.900, or a wind generator used for producing electricity.

        (5) "Solar energy system" means any device or combination of devices or elements that rely upon direct sunlight as an energy source for use in the generation of electricity.

        (6) "Solar inverter" means the device used to convert direct current to alternating current in a photovoltaic cell system.

        (7) "Solar module" means the smallest nondivisible self-contained physical structure housing interconnected photovoltaic cells and providing a single direct current electrical output.

        (8) "Standards for interconnection to the electric distribution system" means technical, engineering, operational, safety, and procedural requirements for interconnection to the electric distribution system of a light and power business.

        NEW SECTION. Sec. 3. (1) Any individual, business, or local governmental entity, not in the light and power business or in the gas distribution business, may apply to the light and power business serving the situs of the system, each fiscal year beginning on July 1, 2005, for an investment cost recovery incentive for each kilowatt-hour from a customer-generated electricity renewable energy system installed on its property. No incentive may be paid for kilowatt-hours generated before July 1, 2005.

        (2)(a) Before submitting the application for the incentive allowed under this section, the applicant shall submit to the department of revenue and to the climate and rural energy development center at the Washington State University, established under RCW 28B.30.642, a certification in a form and manner prescribed by the department that includes, but is not limited to, the following information:

        (i) The name and address of the applicant and location of the renewable energy system;

        (ii) The applicant's tax registration number;

        (iii) That the electricity produced by the applicant meets the definition of "customer-generated electricity" and that the renewable energy system produces electricity with:

        (A) Any solar inverters and solar modules manufactured in Washington state;

        (B) A wind generator powered by blades manufactured in Washington state;

        (C) A solar inverter manufactured in Washington state;

        (D) A solar module manufactured in Washington state; or

        (E) Solar or wind equipment manufactured outside of Washington state;

        (iv) That the electricity can be transformed or transmitted for entry into or operation in parallel with electricity transmission and distribution systems;

        (v) The date that the renewable energy system received its final electrical permit from the applicable local jurisdiction.

        (b) Within thirty days of receipt of the certification the department of revenue shall advise the applicant in writing whether the renewable energy system qualifies for an incentive under this section. The department may consult with the climate and rural energy development center to determine eligibility for the incentive. System certifications and the information contained therein are subject to disclosure under RCW 82.32.330(3)(m).

        (3)(a) By August 1st of each year application for the incentive shall be made to the light and power business serving the situs of the system by certification in a form and manner prescribed by the department that includes, but is not limited to, the following information:

        (i) The name and address of the applicant and location of the renewable energy system;

        (ii) The applicant's tax registration number;

        (iii) The date of the letter from the department of revenue stating that the renewable energy system is eligible for the incentives under this section;

        (iv) A statement of the amount of kilowatt-hours generated by the renewable energy system in the prior fiscal year.

        (b) Within sixty days of receipt of the incentive certification the light and power business serving the situs of the system shall notify the applicant in writing whether the incentive payment will be authorized or denied. The business may consult with the climate and rural energy development center to determine eligibility for the incentive payment. Incentive certifications and the information contained therein are subject to disclosure under RCW 82.32.330(3)(m).

        (c)(i) Persons receiving incentive payments shall keep and preserve, for a period of five years, suitable records as may be necessary to determine the amount of incentive applied for and received. Such records shall be open for examination at any time upon notice by the light and power business that made the payment or by the department. If upon examination of any records or from other information obtained by the business or department it appears that an incentive has been paid in an amount that exceeds the correct amount of incentive payable, the business may assess against the person for the amount found to have been paid in excess of the correct amount of incentive payable and shall add thereto interest on the amount.

        (ii) If it appears that the amount of incentive paid is less than the correct amount of incentive payable the business may authorize additional payment.

        (4) The investment cost recovery incentive may be paid fifteen cents per economic development kilowatt-hour unless requests exceed the amount authorized for credit to the participating light and power business. For the purposes of this section, the rate paid for the investment cost recovery incentive may be multiplied by the following factors:

        (a) For customer-generated electricity produced using solar modules manufactured in Washington state, two and four-tenths;

        (b) For customer-generated electricity produced using a solar or a wind generator equipped with an inverter manufactured in Washington state, one and two-tenths;

        (c) For customer-generated electricity produced using an anaerobic digester, or by other solar equipment or using a wind generator equipped with blades manufactured in Washington state, one; and

        (d) For all other customer-generated electricity produced by wind, eight-tenths.

        (5) No individual, household, business, or local governmental entity is eligible for incentives for more than two thousand dollars per year.

        (6) If requests for the investment cost recovery incentive exceed the amount of funds available for credit to the participating light and power business, the incentive payments shall be reduced proportionately.

        (7) The climate and rural energy development center at Washington State University energy program may establish guidelines and standards for technologies that are identified as Washington manufactured and therefore most beneficial to the state's environment.

        (8) The environmental attributes of the renewable energy system belong to the applicant, and do not transfer to the state or the light and power business upon receipt of the investment cost recovery incentive.

        NEW SECTION. Sec. 4. (1) Except as otherwise provided under this section, the investment cost recovery incentive payment under section 3 of this act applies only to customer-generated electricity renewable energy systems that are interconnected to an electric distribution system.

        (2) When light and power businesses serving eighty percent of the total customer load in the state adopt uniform standards for interconnection to the electric distribution system, the investment cost recovery incentive payment under section 3 of this act shall apply to both customer-generated electricity renewable energy systems that are interconnected to an electric distribution system and to customer-generated electricity renewable energy systems that are not interconnected to an electric distribution system.

        (3) For the purposes of this section, uniform standards for interconnection to the electric distribution system have ninety percent of total requirements the same.

        NEW SECTION. Sec. 5. (1) A light and power business shall be allowed a credit against taxes due under this chapter in an amount equal to investment cost recovery incentive payments made in any fiscal year under section 3 of this act. The credit shall be taken in a form and manner as required by the department. The credit under this section shall not exceed twenty-five one-hundredths of the businesses' taxable power sales due under RCW 82.16.020(1)(b) or twenty-five thousand dollars, whichever is greater. The credit may not exceed the tax that would otherwise be due under this chapter. Refunds shall not be granted in the place of credits. Expenditures not used to earn a credit in one fiscal year may not be used to earn a credit in subsequent years.

        (2) The right to earn tax credits under this section expires June 30, 2010.

        NEW SECTION. Sec. 6. (1) Using existing sources of information, the department shall report to the house appropriations committee, the house committee dealing with energy issues, the senate committee on ways and means, and the senate committee dealing with energy issues by December 1, 2009. The report shall measure the impacts of this act, including the total number of solar energy system manufacturing companies in the state, any change in the number of solar energy system manufacturing companies in the state, and, where relevant, the effect on job creation, the number of jobs created for Washington residents, and such other factors as the department selects.

        (2) The department shall not conduct any new surveys to provide the report in subsection (1) of this section.

        NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus appropriations act, this act is null and void.

        NEW SECTION. Sec. 8. Sections 2 through 6 of this act are each added to chapter 82.16 RCW.

        NEW SECTION. Sec. 9. This act expires July 1, 2010.

        NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005."

        Correct the title.

Signed by Representatives Morris, Chairman; Kilmer, Vice Chairman; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Ericks; Hudgins; Nixon; Sump; Takko and Wallace.

       Referred to Committee on Finance.

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March 31, 2005

E2SSB 5111        Prime Sponsor, Senate Committee on Ways & Means: Providing tax incentives for solar energy systems. Reported by Committee on Technology, Energy & Communications

MAJORITY recommendation: Do pass as amended:

        On page 8, line 10, after "(7)" insert "A person claiming credit under chapter 82.62 RCW or RCW 82.04.448 cannot claim a credit under this section.

        (8)"

        On page 2, line 36, strike "2014" and insert "2010"

        On page 6, line 24, strike "2014" and insert "2010"

        On page 7, line 1, strike "2014" and insert "2010"

        On page 7, line 4, strike "2014" and insert "2010"

        On page 8, line 10, strike "2014" and insert "2010"

        On page 8, line 23, strike "2014" and insert "2010"

        On page 9, after line 23, insert the following:

        "NEW SECTION. Sec. 9. (1) Using existing sources of information, the department shall report to the house appropriations committee, the house committee dealing with energy issues, the senate committee on ways and means, and the senate committee dealing with energy issues by December 1, 2009. The report shall measure the impacts of this act, including the total number of solar energy system manufacturing companies in the state, any change in the number of solar energy system manufacturing companies in the state, and, where relevant, the effect on job creation, the number of jobs created for Washington residents, and any other factors the department selects.

        (2) The department shall not conduct any new surveys to provide the report in subsection (1) of this section."

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

Signed by Representatives Morris, Chairman; Kilmer, Vice Chairman; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Ericks; Hudgins; Nixon; Sump; Takko and Wallace.

       Referred to Committee on Finance.

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March 31, 2005

ESSB 5121   Prime Sponsor, Senate Committee on Transportation: Assessing long-term air transportation needs. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. A new section is added to chapter 47.68 RCW to read as follows:

        (1) The aviation division of the department of transportation shall conduct a statewide airport capacity and facilities assessment. The assessment must include a statewide analysis of existing airport facilities, and passenger and air cargo transportation capacity, regarding both commercial aviation and general aviation; however, the primary focus of the assessment must be on commercial aviation. The assessment must at a minimum address the following issues:

        (a) Existing airport facilities, both commercial and general aviation, including air side, land side, and airport service facilities;

        (b) Existing air and airport capacity, including the number of annual passengers and air cargo operations;

        (c) Existing airport services, including fixed based operator services, fuel services, and ground services;

        (d) Existing airspace capacity; and

        (e) The potential for using high-speed passenger transportation facilities, including, but not limited to, light rail, heavy rail, or magnetic levitation transportation to connect airports and how that would affect airport capacity.

        (2) The department shall consider existing information, technical analyses, and other research the department deems appropriate. The department may contract and consult with private independent professional and technical experts regarding the assessment.

        (3) The department shall submit the assessment to the appropriate standing committees of the legislature, the governor, the transportation commission, and regional transportation planning organizations by July 1, 2006.

        NEW SECTION. Sec. 2. A new section is added to chapter 47.68 RCW to read as follows:

        (1) After submitting the assessment under section 1 of this act, the aviation division of the department of transportation shall conduct a statewide airport capacity and facilities market analysis. The analysis must include a statewide needs analysis of airport facilities, passenger and air cargo transportation capacity, and demand and forecast market needs over the next twenty-five years with a more detailed analysis of the Puget Sound, southwest Washington, Spokane, and Tri-Cities regions. The analysis must address the forecasted needs of both commercial aviation and general aviation; however, the primary focus of the analysis must be on commercial aviation. The analysis must at a minimum address the following issues:

        (a) A forecast of future airport facility needs based on passenger and air cargo operations and demand, airline planning, and a determination of aviation trends, demographic, geographic, and market factors that may affect future air travel demand;

        (b) A determination of when the state's existing commercial service airports will reach their capacity;

        (c) The factors that may affect future air travel, including the potential for high-speed passenger transportation facilities to connect airports, and when capacity may be reached and in which location;

        (d) A complete evaluation of surface transportation options to more efficiently transport passengers to and from airports including use of mass transit;

        (e) Forecasted use of airport capacity outside the state including airports in Portland, Oregon, and Vancouver, British Columbia;

        (f) Identification of all factors to be considered in completing an economic cost-benefit analysis for all communities potentially impacted by airport activities that may be recommended by the aviation planning council created in section 3 of this act. The factors must include, but not be limited to, impacts on surface transportation, job mix, property values, tax base, quality of life, social services, health, and education;

        (g) The role of the state, metropolitan planning organizations, regional transportation planning organizations, the federal aviation administration, and airport sponsors in addressing statewide airport facilities and capacity needs; and

        (h) Whether the state, metropolitan planning organizations, regional transportation planning organizations, the federal aviation administration, or airport sponsors have identified options for addressing long-range capacity needs at airports, or in regions, that will reach capacity before the year 2030.

        (2) The department shall consider existing information, technical analyses, and other research the department deems appropriate. The department may contract and consult with private independent professional and technical experts regarding the analysis.

        (3) The department shall submit the analysis to the appropriate standing committees of the legislature, the governor, the transportation commission, and regional transportation planning organizations by July 1, 2007.

        NEW SECTION. Sec. 3. A new section is added to chapter 47.68 RCW to read as follows:

        (1) Upon completion of both the statewide assessment and analysis required under sections 1 and 2 of this act, and to the extent funds are appropriated to the department for this purpose, the governor shall appoint an aviation planning council to consist of the following members: (a) The director of the aviation division of the department of transportation, or a designee; (b) the director of the department of community, trade, and economic development, or a designee; (c) a member of the transportation commission, who shall be the chair of the council; (d) two members of the general public with special knowledge or background in airport issues; (e) two members of the general public, local communities, or nonprofit organizations, representing concerns over the adverse impact of airport activities; (f) an economist knowledgeable in local impacts associated with airport activities; (g) a technical expert familiar with federal aviation administration airspace and control issues; (h) a commercial airport operator; (i) a member of a growth management hearings board; (j) a representative of the Washington airport management association; (k) an airline representative; and (l) an expert in high-speed transportation systems. The chair of the council may designate another councilmember to serve as the acting chair in the absence of the chair. The department of transportation shall provide all administrative and staff support for the council.

        (2) The purpose of the council is to make recommendations, based on the findings of the assessment and analysis completed under sections 1 and 2 of this act, regarding how best to meet the statewide commercial and general aviation capacity needs, as determined by the council. The council shall determine which regions of the state are in need of improvement regarding the matching of existing, or projected, airport facilities, and the long-range capacity needs at airports within the region expected to reach capacity before the year 2030. In determining these areas, the council shall document the information and rationale involved ensuring that all relevant information was considered including, but not limited to, capacity and needs assessments and the economic cost-benefit analysis associated with any expanded or new airport facilities recommended by the council. The council shall include input from potentially affected communities in making final recommendations.

        (3) The council shall submit its recommendations to the appropriate standing committees of the legislature, the governor, the transportation commission, and applicable regional transportation planning organizations.

        (4) This section expires July 1, 2009.

        NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus transportation appropriations act, this act is null and void."

        Correct the title.

Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Appleton; Buck; Campbell; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Simpson; Takko; Upthegrove and Wood.

MINORITY recommendation: Do not pass. Signed by Representatives B. Sullivan

       Passed to Committee on Rules for second reading.

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March 31, 2005

SB 5127       Prime Sponsor, Senator Kohl-Welles: Improving services to victims of human trafficking. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. The legislature recognizes that human trafficking is growing to epidemic proportions and that our state is impacted. Human trafficking is one of the greatest threats to human dignity. It is the commodification of human beings and an assault on human values. Washington is, and must continue to be, a national leader at the state level in the fight against human trafficking.

        The legislature recognizes there are many state agencies and private organizations that might be called on to provide services to victims of trafficking of humans. Victims of human trafficking are often in need of services such as emergency medical attention, food and shelter, vocational and English language training, mental health counseling, and legal support. The state intends to improve the response of state, local, and private entities to incidents of trafficking of humans. Victims would be better served if there is an established, coordinated system of identifying the needs of trafficking victims, protocols for training of service delivery agencies and staff, timely and appropriate delivery of services, and better investigations and prosecutions of trafficking.

        Leadership in providing services to victims of trafficking of humans also extends beyond government efforts and is grounded in the work of highly dedicated individuals and community-based groups. Without these efforts the struggle against human trafficking will be very difficult to win. The legislature, therefore, finds that such efforts merit regular public recognition and appreciation. Such recognition and appreciation will encourage the efforts of all persons to end human trafficking, and provide the public with information and education about the necessity of its involvement in this struggle.

        NEW SECTION. Sec. 2. A new section is added to chapter 7.68 RCW to read as follows:

        (1) By July 1, 2005, the director of the department of community, trade, and economic development, or the director's designee, shall within existing resources convene and chair a work group to develop written protocols for delivery of services to victims of trafficking of humans. The director shall invite appropriate federal agencies to consult with the work group for the purpose of developing protocols that, to the extent possible, are in concert with federal statutes, regulations, and policies. In addition to the director of the department of community, trade, and economic development, the following shall be members of the work group: The secretary of the department of health, the secretary of the department of social and health services, the attorney general, the director of the department of labor and industries, the commissioner of the employment security department, a representative of the Washington association of prosecuting attorneys, the chief of the Washington state patrol, two members selected by the Washington association of sheriffs and police chiefs, and five members, selected by the director of the department of community, trade, and economic development from a list submitted by public and private sector organizations that provide assistance to persons who are victims of trafficking. The attorney general, the chief of the Washington state patrol, and the secretaries or directors may designate a person to serve in their place.

        Members of the work group shall serve without compensation.

        (2) The protocols must meet all of the following minimum standards:

        (a) The protocols must apply to the following state agencies: The department of community, trade, and economic development, the department of health, the department of social and health services, the attorney general's office, the Washington state patrol, the department of labor and industries, and the employment security department;

        (b) The protocols must provide policies and procedures for interagency coordinated operations and cooperation with government agencies and nongovernmental organizations, agencies, and jurisdictions, including law enforcement agencies and prosecuting attorneys;

        (c) The protocols must include the establishment of a data base electronically available to all affected agencies which contains the name, address, and telephone numbers of agencies that provide services to victims of human trafficking; and

        (d) The protocols must provide guidelines for providing for the social service needs of victims of trafficking of humans, including housing, health care, and employment.

        (3) By January 1, 2006, the work group shall finalize the written protocols and submit them with a report to the legislature and the governor.

        (4) The protocols shall be reviewed on a biennial basis by the work group to determine whether revisions are appropriate. The director of the department of community, trade, and economic development, or the director's designee, shall within existing resources reconvene and chair the work group for this purpose.

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

        Correct the title.

Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Kirby and Strow.

       Passed to Committee on Rules for second reading.

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March 30, 2005

SB 5136       Prime Sponsor, Senator Doumit: Modifying fire protection district property tax levies. Reported by Committee on Finance

MAJORITY recommendation: Do pass. Signed by Representatives McIntire, Chairman; Hunter, Vice Chairman; Orcutt, Ranking Minority Member; Roach, Assistant Ranking Minority Member; Ahern; Conway; Ericksen; Hasegawa and Santos.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5139     Prime Sponsor, Senate Committee on Transportation: Modifying highway and bridge tolling authority. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Appleton; Buck; Campbell; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Sells; Shabro; Simpson; B. Sullivan; Takko; Upthegrove and Wood.

MINORITY recommendation: Without recommendation. Signed by Representatives Schindler

       Passed to Committee on Rules for second reading.

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March 30, 2005

ESSB 5140   Prime Sponsor, Senate Committee on Government Operations & Elections: Modifying the disposal of surplus funds of candidates or political committees. Reported by Committee on State Government Operations & Accountability

MAJORITY recommendation: Do pass as amended:

        On page 2, line 6, after "to" strike "a public school, school district, or educational service district, or to"

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

MINORITY recommendation: Do not pass. Signed by Representatives Hunt and McDermott

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5145     Prime Sponsor, Senate Committee on Transportation: Establishing a boating safety education 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:

        "NEW SECTION. Sec. 1. It is the intent of the legislature to establish a boating safety education program that contributes to the reduction of accidents and increases the enjoyment of boating by all operators of all recreational vessels on the waters of this state. Based on the 2003 report to the legislature titled "Recreational Boating Safety in Washington, A Report on Methods to Achieve Safer Boating Practices," the legislature recognizes that boating accidents also occur in nonmotorized vessels in this state, but, at this time there is no national educational standard for nonmotorized vessels. Therefore, the commission is hereby authorized and directed to work with agencies and organizations representing nonmotorized vessel activities and individuals operating nonmotorized vessels to decrease accidents of operators in these vessels. It is also the intent of the legislature to encourage boating safety education programs that use volunteer and private sector efforts to enhance boating safety and education for operators of nonmotorized vessels to work closely with the state parks and recreation commission in its efforts to reduce all boating accidents in this state.

        Sec. 2. RCW 79A.60.010 and 2003 c 39 s 45 are each amended to read as follows:

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

        (1) "Accredited course" means a mandatory course of instruction on boating safety education that has been approved by the commission.

        (2) "Boat wastes" includes, but is not limited to, sewage, garbage, marine debris, plastics, contaminated bilge water, cleaning solvents, paint scrapings, or discarded petroleum products associated with the use of vessels.

        (((2))) (3) "Boater" means any person on a vessel on waters of the state of Washington.

        (((3))) (4) "Boater education card" means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the commission's data base.

        (5) "Boating educator" means a person providing an accredited course.

        (6) "Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.

        (((4))) (7) "Certificate of accomplishment" means a form of certificate approved by the commission and issued by a boating educator to a person who has successfully completed an accredited course.

        (8) "Commission" means the state parks and recreation commission.

        (((5))) (9) "Darkness" means that period between sunset and sunrise.

        (((6))) (10) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.

        (((7))) (11) "Guide" means any individual, including but not limited to subcontractors and independent contractors, engaged for compensation or other consideration by a whitewater river outfitter for the purpose of operating vessels. A person licensed under RCW 77.65.480 or 77.65.440 and acting as a fishing guide is not considered a guide for the purposes of this chapter.

        (((8))) (12) "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.

        (((9))) (13) "Motor driven boats and vessels" means all boats and vessels which are self propelled.

        (((10))) (14) "Motor vessel safety operating and equipment checklist" means a printed list of the safety requirements for a vessel with a motor installed or attached to the vessel being rented, chartered, or leased and meeting minimum requirements adopted by the commission in accordance with section 3 of this act.

        (15) "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.

        (((11))) (16) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.

        (((12))) (17) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

        (((13))) (18) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.

        (((14))) (19) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

        (((15))) (20) "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.

        (((16))) (21) "Personal flotation device" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the commission.

        (((17))) (22) "Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

        (((18))) (23) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.

        (((19))) (24) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.

        (((20))) (25) "Reckless" or "recklessly" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.

        (((21))) (26) "Rental motor vessel" means a motor vessel that is legally owned by a person that is registered as a rental and leasing agency for recreational motor vessels, and for which there is a written and signed rental, charter, or lease agreement between the owner, or owner's agent, of the vessel and the operator of the vessel.

        (27) "Sewage pumpout or dump unit" means:

        (a) A receiving chamber or tank designed to receive vessel sewage from a "porta-potty" or a portable container; and

        (b) A stationary or portable mechanical device on land, a dock, pier, float, barge, vessel, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.

        (((22))) (28) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

        (((23))) (29) "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.

        (((24))) (30) "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.

        (((25))) (31) "Waters of the state" means any waters within the territorial limits of Washington state.

        (((26))) (32) "Whitewater river outfitter" means any person who is advertising to carry or carries passengers for hire on any whitewater river of the state, but does not include any person whose only service on a given trip is providing instruction in canoeing or kayaking skills.

        (((27))) (33) "Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 79A.60.470 or as designated by the commission under RCW 79A.60.495.

        NEW SECTION. Sec. 3. A new section is added to chapter 79A.60 RCW to read as follows:

        (1) The commission shall establish and implement by rule a program to provide required boating safety education. The boating safety education program shall include training on preventing the spread of aquatic invasive species. The program shall be phased in so that all boaters not exempted under section 4(3) of this act are required to obtain a boater education card by January 1, 2016. To obtain a boater education card, a boater shall provide a certificate of accomplishment issued by a boating educator for taking and passing an accredited boating safety education course, or pass an equivalency exam, or provide proof of completion of a course that meets the standard adopted by the commission.

        (2) As part of the boating safety education program, the commission shall:

        (a) Establish a program to be phased over eleven years starting July 1, 2005, with full implementation by January 1, 2016. The period July 1, 2005, through December 31, 2007, will be program development, boater notification of the new requirements for mandatory education, and processing cards to be issued to individuals having taken an accredited course prior to January 1, 2008. The schedule for phase-in of the mandatory education requirement by age group is as follows:

January 1, 2008 - All boat operators twenty years old and younger;

January 1, 2009 - All boat operators twenty-five years old and younger;

January 1, 2010 - All boat operators thirty years old and younger;

January 1, 2011 - All boat operators thirty-five years old and younger;

January 1, 2012 - All boat operators forty years old and younger;

January 1, 2013 - All boat operators fifty years old and younger;

January 1, 2014 - All boat operators sixty years old and younger;

January 1, 2015 - All boat operators seventy years old and younger;

January 1, 2016 - All boat operators;

        (b) Establish a minimum standard of boating safety education accomplishment. The standard must be consistent with the applicable standard established by the national association of state boating law administrators;

        (c) Adopt minimum standards for boating safety education course of instruction and examination that ensures compliance with the national association of state boating law administrators minimum standards;

        (d) Approve and provide accreditation to boating safety education courses operated by volunteers, or commercial or nonprofit organizations, including, but not limited to, courses given by the United States coast guard auxiliary and the United States power squadrons;

        (e) Develop an equivalency examination that may be taken as an alternative to the boating safety education course;

        (f) Establish a fee of ten dollars for the boater education card to fund all commission activities related to the boating safety education program created by this act, including the initial costs of developing the program. Any surplus funds resulting from the fees received shall be distributed by the commission as grants to local marine law enforcement programs approved by the commission as provided in RCW 88.02.040;

        (g) Establish a fee for the replacement of the boater education card that covers the cost of replacement;

        (h) Consider and evaluate public agency and commercial opportunities to assist in program administration with the intent to keep administrative costs to a minimum;

        (i) Approve and provide accreditation to boating safety education courses offered online; and

        (j) Provide a report to the legislature by January 1, 2008, on its progress of implementation of the mandatory education program.

        NEW SECTION. Sec. 4. A new section is added to chapter 79A.60 RCW to read as follows:

        (1) No person shall operate or permit the operation of motor driven boats and vessels with a mechanical power of fifteen horsepower or greater unless the person:

        (a) Is at least twelve years of age, except that an operator of a personal watercraft shall comply with the age requirements under RCW 79A.60.190; and

        (b)(i) Has in his or her possession a boater education card, unless exempted under subsection (3) of this section; or

        (ii) Is accompanied by and is under the direct supervision of a person sixteen years of age or older who is in possession of a boater education card, or who is not yet required to possess the card as provided in the program phase in section 3(2)(a) of this act.

        (2) Any person who can demonstrate they have successfully completed, prior to the effective date of this act, a boating safety education course substantially equivalent to the standards adopted by the commission shall be eligible for a boater education card upon application to the commission and payment of the fee, without having to take a course or equivalency exam as provided in section 3(1) of this act. Successful completion of a boating safety education course could include an original or copy of an original certificate issued by the commission, the United States coast guard auxiliary, or the United States power squadrons, or official certification by these organizations that the individual successfully completed a course substantially equivalent to the standards adopted by the commission.

        (3) The following persons are not required to carry a boater education card:

        (a) The operator of a vessel engaged in a lawful commercial fishery operation as licensed by the department of fish and wildlife under Title 77 RCW. However, the person when operating a vessel for recreational purposes must carry either a valid commercial fishing license issued by the department of fish and wildlife or a boater education card;

        (b) Any person who possesses a valid marine operator license issued by the United States coast guard when operating a vessel authorized by such coast guard license. However, the person when operating a vessel for recreational purposes must carry either a valid marine operator license issued by the United States coast guard or a boater education card;

        (c) Any person who is legally engaged in the operation of a vessel that is exempt from vessel registration requirements under chapter 88.02 RCW and applicable rules and is used for purposes of law enforcement or official government work. However, the person when operating a vessel for recreational purposes must carry a boater education card;

        (d) Any person at least twelve years old renting, chartering, or leasing a motor driven boat or vessel with an engine power of fifteen horsepower or greater who completes a commission-approved motor vessel safety operating and equipment checklist each time before operating the motor driven boat or vessel, except that an operator of a personal watercraft shall comply with the age requirements under RCW 79A.60.190;

        (e) Any person who is not a resident of Washington state and who does not operate a motor driven boat or vessel with an engine power of fifteen horsepower or greater in waters of the state for more than sixty consecutive days;

        (f) Any person who is not a resident of Washington state and who holds a current out-of-state or out-of-country certificate or card that is equivalent to the rules adopted by the commission;

        (g) Any person who has purchased the boat or vessel within the last sixty days, and has a bill of sale in his or her possession to document the date of purchase;

        (h) Any person, including those less than twelve years of age, who is involved in practicing for, or engaging in, a permitted racing event where a valid document has been issued by the appropriate local, state, or federal government agency for the event, and is available for inspection on-site during the racing event;

        (i) Any person who is not yet required to have a boater education card under the phased schedule in section 3(2)(a) of this act; and

        (j) Any person born before January 1, 1955.

        (4) Except as provided in subsection (3)(a) through (i) of this section, a boater must carry a boater education card while operating a vessel and is required to present the boater education card, or alternative license as provided in subsection (3)(a) and (b) of this section, to a law enforcement officer upon request.

        (5) Failure to possess a boater education card required by this section is an infraction under chapter 7.84 RCW. The penalty shall be waived if the boater provides proof to the court within sixty days that he or she has received a boater education card.

        (6) No person shall permit the rental, charter, or lease of a motor driven boat or vessel with an engine power of fifteen horsepower or greater to a person without first reviewing with that person, and all other persons who may be permitted by the person to operate the vessel, all the information contained in the motor vessel safety operating and equipment checklist.

        NEW SECTION. Sec. 5. A new section is added to chapter 79A.60 RCW to read as follows:

        The boating safety education certification account is created in the custody of the state treasurer. All receipts from fees collected for the issuance of a boater education card shall be deposited in the account and shall be used only for the administration of sections 3 and 4 of this act. Only the state parks and recreation commission may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures."

Signed by Representatives B. Sullivan, Chairman; Buck, Ranking Minority Member; Blake; Dickerson; Eickmeyer; Hunt and Williams.

MINORITY recommendation: Do not pass. Signed by Representatives Upthegrove, Vice Chairman; Kretz, Assistant Ranking Minority Member; DeBolt and Orcutt

       Referred to Committee on Appropriations.

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March 30, 2005

2SSB 5154   Prime Sponsor, Senate Committee on Ways & Means: Providing a leasehold excise tax exemption for certain historical property. Reported by Committee on Finance

MAJORITY recommendation: Do pass. Signed by Representatives McIntire, Chairman; Hunter, Vice Chairman; Orcutt, Ranking Minority Member; Roach, Assistant Ranking Minority Member; Ahern; Conway; Ericksen; Hasegawa and Santos.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5157     Prime Sponsor, Senate Committee on Judiciary: Revising provisions relating to local law enforcement automatic fingerprint identification systems. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Kirby and Strow.

       Referred to Committee on Appropriations.

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March 29, 2005

ESSB 5158   Prime Sponsor, Senate Committee on Health & Long-Term Care: Modifying the uniform health care information act. Reported by Committee on Health Care

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 70.02.010 and 2002 c 318 s 1 are each amended to read as follows:

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

        (1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:

        (a) Statutory, regulatory, fiscal, medical, or scientific standards;

        (b) A private or public program of payments to a health care provider; or

        (c) Requirements for licensing, accreditation, or certification.

        (2) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, ((residence, sex)) location within a health care facility, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.

        (3) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.

        (4) "Health care" means any care, service, or procedure provided by a health care provider:

        (a) To diagnose, treat, or maintain a patient's physical or mental condition; or

        (b) That affects the structure or any function of the human body.

        (5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.

        (6) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any ((record)) required accounting of disclosures of health care information.

        (7) "Health care operations" means any of the following activities of a health care provider, health care facility, or third-party payor to the extent that the activities are related to functions that make an entity a health care provider, a health care facility, or a third-party payor:

        (a) Conducting: Quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment;

        (b) Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities;

        (c) Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, including stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met;

        (d) Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;

        (e) Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the health care facility or third-party payor, including formulary development and administration, development, or improvement of methods of payment or coverage policies; and

        (f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:

        (i) Management activities relating to implementation of and compliance with the requirements of this chapter;

        (ii) Customer service, including the provision of data analyses for policy holders, plan sponsors, or other customers, provided that health care information is not disclosed to such policy holder, plan sponsor, or customer;

        (iii) Resolution of internal grievances;

        (iv) The sale, transfer, merger, or consolidation of all or part of a health care provider, health care facility, or third-party payor with another health care provider, health care facility, or third-party payor or an entity that following such activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such activity; and

        (v) Consistent with applicable legal requirements, creating deidentified health care information or a limited dataset and fund-raising for the benefit of the health care provider, health care facility, or third-party payor.

        (8) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.

        (((8))) (9) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.

        (((9))) (10) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.

        (((10))) (11) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.

        (((11))) (12) "Payment" means:

        (a) The activities undertaken by:

        (i) A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits by the third-party payor; or

        (ii) A health care provider, health care facility, or third-party payor, to obtain or provide reimbursement for the provision of health care; and

        (b) The activities in (a) of this subsection that relate to the patient to whom health care is provided and that include, but are not limited to:

        (i) Determinations of eligibility or coverage, including coordination of benefits or the determination of cost-sharing amounts, and adjudication or subrogation of health benefit claims;

        (ii) Risk adjusting amounts due based on enrollee health status and demographic characteristics;

        (iii) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and related health care data processing;

        (iv) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges;

        (v) Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and

        (vi) Disclosure to consumer reporting agencies of any of the following health care information relating to collection of premiums or reimbursement:

        (A) Name and address;

        (B) Date of birth;

        (C) Social security number;

        (D) Payment history;

        (E) Account number; and

        (F) Name and address of the health care provider, health care facility, and/or third-party payor.

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

        (((12))) (14) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.

        (((13))) (15) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan; or a state or federal health benefit program.

        (16) "Treatment" means the provision, coordination, or management of health care and related services by one or more health care providers or health care facilities, including the coordination or management of health care by a health care provider or health care facility with a third party; consultation between health care providers or health care facilities relating to a patient; or the referral of a patient for health care from one health care provider or health care facility to another.

        Sec. 2. RCW 70.02.020 and 1993 c 448 s 2 are each amended to read as follows:

        (1) Except as authorized in RCW 70.02.050, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent and employee of a health care provider may not disclose health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.

        ((Health care providers or facilities shall chart all disclosures, except to third-party payors, of health care information, such chartings to become part of the health care information.))

        (2) A patient has a right to receive an accounting of disclosures of health care information made by a health care provider or a health care facility in the six years before the date on which the accounting is requested, except for disclosures:

        (a) To carry out treatment, payment, and health care operations;

        (b) To the patient of health care information about him or her;

        (c) Incident to a use or disclosure that is otherwise permitted or required;

        (d) Pursuant to an authorization where the patient authorized the disclosure of health care information about himself or herself;

        (e) Of directory information;

        (f) To persons involved in the patient's care;

        (g) For national security or intelligence purposes if an accounting of disclosures is not permitted by law;

        (h) To correctional institutions or law enforcement officials if an accounting of disclosures is not permitted by law; and

        (i) Of a limited data set that excludes direct identifiers of the patient or of relatives, employers, or household members of the patient.

        Sec. 3. RCW 70.02.030 and 2004 c 166 s 19 are each amended to read as follows:

        (1) A patient may authorize a health care provider or health care facility to disclose the patient's health care information. A health care provider or health care facility shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider or health care facility denies the patient access to health care information under RCW 70.02.090.

        (2) A health care provider or health care facility may charge a reasonable fee for providing the health care information and is not required to honor an authorization until the fee is paid.

        (3) To be valid, a disclosure authorization to a health care provider or health care facility shall:

        (a) Be in writing, dated, and signed by the patient;

        (b) Identify the nature of the information to be disclosed;

        (c) Identify the name((, address,)) and institutional affiliation of the person or class of persons to whom the information is to be disclosed;

        (d) ((Except for third-party payors,)) Identify the provider or class of providers who ((is)) are to make the disclosure; ((and))

        (e) Identify the patient; and

        (f) Contain an expiration date or an expiration event that relates to the patient or the purpose of the use or disclosure.

        (4) Unless disclosure without authorization is otherwise permitted under RCW 70.02.050 or the federal health insurance portability and accountability act of 1996 and its implementing regulations, an authorization may permit the disclosure of health care information to a class of persons that includes:

        (a) Researchers if the health care provider or health care facility obtains the informed consent for the use of the patient's health care information for research purposes; or

        (b) Third-party payors if the information is only disclosed for payment purposes.

        (5) Except as provided by this chapter, the signing of an authorization by a patient is not a waiver of any rights a patient has under other statutes, the rules of evidence, or common law.

        (((5))) (6) A health care provider or health care facility shall retain the original or a copy of each authorization or revocation in conjunction with any health care information from which disclosures are made. ((This requirement shall not apply to disclosures to third-party payors.

        (6) Except for authorizations given pursuant to an agreement with a treatment or monitoring program or disciplinary authority under chapter 18.71 or 18.130 RCW, when the patient is under the supervision of the department of corrections, or to provide information to third-party payors, an authorization may not permit the release of health care information relating to future health care that the patient receives more than ninety days after the authorization was signed. Patients shall be advised of the period of validity of their authorization on the disclosure authorization form. If the authorization does not contain an expiration date and the patient is not under the supervision of the department of corrections, it expires ninety days after it is signed.))

        (7) Where the patient is under the supervision of the department of corrections, an authorization signed pursuant to this section for health care information related to mental health or drug or alcohol treatment expires at the end of the term of supervision, unless the patient is part of a treatment program that requires the continued exchange of information until the end of the period of treatment.

        Sec. 4. RCW 70.02.050 and 1998 c 158 s 1 are each amended to read as follows:

        (1) A health care provider or health care facility may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is:

        (a) To a person who the provider or facility reasonably believes is providing health care to the patient;

        (b) To any other person who requires health care information for health care education, or to provide planning, quality assurance, peer review, or administrative, legal, financial, ((or)) actuarial services to, or other health care operations for or on behalf of the health care provider or health care facility; or for assisting the health care provider or health care facility in the delivery of health care and the health care provider or health care facility reasonably believes that the person:

        (i) Will not use or disclose the health care information for any other purpose; and

        (ii) Will take appropriate steps to protect the health care information;

        (c) To any other health care provider or health care facility reasonably believed to have previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the health care provider or health care facility in writing not to make the disclosure;

        (d) To any person if the health care provider or health care facility reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the patient or any other individual, however there is no obligation under this chapter on the part of the provider or facility to so disclose;

        (e) ((Oral, and made)) To immediate family members of the patient, or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with good medical or other professional practice, unless the patient has instructed the health care provider or health care facility in writing not to make the disclosure;

        (f) To a health care provider or health care facility who is the successor in interest to the health care provider or health care facility maintaining the health care information;

        (g) For use in a research project that an institutional review board has determined:

        (i) Is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;

        (ii) Is impracticable without the use or disclosure of the health care information in individually identifiable form;

        (iii) Contains reasonable safeguards to protect the information from redisclosure;

        (iv) Contains reasonable safeguards to protect against identifying, directly or indirectly, any patient in any report of the research project; and

        (v) Contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project;

        (h) To a person who obtains information for purposes of an audit, if that person agrees in writing to:

        (i) Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and

        (ii) Not to disclose the information further, except to accomplish the audit or report unlawful or improper conduct involving fraud in payment for health care by a health care provider or patient, or other unlawful conduct by the health care provider;

        (i) To an official of a penal or other custodial institution in which the patient is detained;

        (j) To provide directory information, unless the patient has instructed the health care provider or health care facility not to make the disclosure;

        (k) ((In the case of a hospital or health care provider to provide, in cases reported by)) To fire, police, sheriff, or ((other)) another public authority, that brought, or caused to be brought, the patient to the health care facility or health care provider if the disclosure is limited to the patient's name, residence, sex, age, occupation, condition, diagnosis, estimated or actual discharge date, or extent and location of injuries as determined by a physician, and whether the patient was conscious when admitted;

        (l) To federal, state, or local law enforcement authorities and the health care provider, health care facility, or third-party payor believes in good faith that the health care information disclosed constitutes evidence of criminal conduct that occurred on the premises of the health care provider, health care facility, or third-party payor;

        (m) To another health care provider, health care facility, or third-party payor for the health care operations of the health care provider, health care facility, or third-party payor that receives the information, if each entity has or had a relationship with the patient who is the subject of the health care information being requested, the health care information pertains to such relationship, and the disclosure is for the purposes described in RCW 70.02.010(7) (a) and (b); or

        (n) For payment.

        (2) A health care provider shall disclose health care information about a patient without the patient's authorization if the disclosure is:

        (a) To federal, state, or local public health authorities, to the extent the health care provider is required by law to report health care information; when needed to determine compliance with state or federal licensure, certification or registration rules or laws; or when needed to protect the public health;

        (b) To federal, state, or local law enforcement authorities to the extent the health care provider is required by law;

        (c) To county coroners and medical examiners for the investigations of deaths;

        (d) Pursuant to compulsory process in accordance with RCW 70.02.060.

        (3) All state or local agencies obtaining patient health care information pursuant to this section shall adopt rules establishing their record acquisition, retention, and security policies that are consistent with this chapter."

        Correct the title.

Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Clibborn; Green; Hinkle; Lantz; Moeller; Morrell and Schual-Berke.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5161     Prime Sponsor, Senate Committee on Transportation: Including reports of driving distractions in accident reports. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Appleton; Campbell; Dickerson; Ericksen; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Rodne; Sells; Simpson; B. Sullivan; Takko and Wood.

MINORITY recommendation: Do not pass. Signed by Representatives Buck; Curtis; Flannigan; Morris; Nixon; Schindler; Shabro and Upthegrove

       Passed to Committee on Rules for second reading.

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March 31, 2005

ESSB 5173   Prime Sponsor, Senate Committee on Judiciary: Enacting the Uniform Mediation Act. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Campbell; Kirby; Serben; Springer; Williams and Wood.

       Passed to Committee on Rules for second reading.

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March 30, 2005

SB 5175       Prime Sponsor, Senator Shin: Declaring that international companies investing in Washington are eligible for tax incentives. Reported by Committee on Economic Development, Agriculture & Trade

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

       Passed to Committee on Rules for second reading.

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April 1, 2005

SSB 5176     Prime Sponsor, Senate Committee on International Trade & Economic Development: Regarding department of community, trade, and economic development programs. Reported by Committee on Economic Development, Agriculture & Trade

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

       Passed to Committee on Rules for second reading.

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March 29, 2005

SSB 5178     Prime Sponsor, Senate Committee on Health & Long-Term Care: Issuing a moratorium on licensing specialty hospitals. Reported by Committee on Health Care

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Clibborn; Green; Hinkle; Lantz; Moeller; Morrell and Schual-Berke.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SB 5179       Prime Sponsor, Senator Morton: Studying forest health issues. 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. 2004 c 218 s 4 (uncodified) is amended to read as follows:

        (1) A work group is created to study opportunities to improve the forest health issues enumerated in section 1 of this act that are facing forest land in Washington and to help the commissioner of public lands develop a strategic plan under section 3 of this act. The work group may, if deemed necessary, identify and focus on regions of the state where forest health issues enumerated in section 1 of this act are the most critical.

        (2)(a) The work group is comprised of individuals selected on the basis of their knowledge of forests, forest ecology, or forest health issues and, if determined by the commissioner of public lands to be necessary, should represent a mix of individuals with knowledge regarding specific regions of the state. Members of the work group shall be appointed by the commissioner of public lands, unless otherwise specified, and shall include:

        (i) The commissioner of public lands or the commissioner's designee, who shall serve as chair;

        (ii) A representative of a statewide industrial timber landowner's group;

        (iii) A landowner representative from the small forest landowner advisory committee established in RCW 76.13.110;

        (iv) A representative of a college within a state university that specializes in forestry or natural resources science;

        (v) A representative of an environmental organization;

        (vi) A representative of a county that has within its borders state-owned forest lands that are known to suffer from the forest health deficiencies enumerated in section 1 of this act;

        (vii) A representative of the Washington state department of fish and wildlife;

        (viii) A forest hydrologist, an entomologist, and a fire ecologist, if available;

        (ix) A representative of the governor appointed by the governor; and

        (x) A representative of a professional forestry organization.

        (b) In addition to the membership of the work group outlined in this section, the commissioner of public lands shall also invite the full and equal participation of:

        (i) A representative of a tribal government located in a region of the state where the forest health issues enumerated in section 1 of this act are present; and

        (ii) A representative of both the United States forest service and the United States fish and wildlife service stationed to work primarily in Washington.

        (3) The work group shall:

        (a) Determine whether the goals and requirements of chapter 76.06 RCW are being met with regard to the identification, designation, and reduction of significant forest insect and disease threats to public and private forest resources, and whether the provisions of chapter 76.06 RCW are the most effective and appropriate way to address forest health issues;

        (b) Study what incentives could be used to assist landowners with the costs of creating and maintaining forest health;

        (c) Identify opportunities and barriers for improved prevention of losses of public and private resources to forest insects, diseases, wind, and fire;

        (d) Assist the commissioner in developing a strategic plan under section 3 of this act for increasing forest resistance and resilience to forest insects, disease, wind, and fire in Washington;

        (e) Develop funding alternatives for consideration by the legislature;

        (f) Explore possible opportunities for the state to enter into cooperative agreements with the federal government, or other avenues for the state to provide input on the management of federally owned land in Washington;

        (g) Develop recommendations for the proper treatment of infested and fire and wind damaged forests on public and private lands within the context of working with interdisciplinary teams under the forest practices act to ensure that forest health is achieved with the protection of fish, wildlife, and other public resources;

        (h) Analyze the state noxious weed control statutes and procedures (chapter 17.10 RCW) and the extreme hazard regulations adopted under the forest protection laws, to determine if the policies and procedures of these laws are applicable, or could serve as a model to support improved forest health; and

        (i) Recommend whether the work group should be extended beyond the time that the required report has been submitted.

        (4) The work group shall submit to the department of natural resources and the appropriate standing committees of the legislature, no later than December 30, 2004, its findings and recommendations for legislation that is necessary to implement the findings.

        (5) The department of natural resources shall provide technical and staff support from existing staff for the work group created by this section.

        (6) The work group is required to hold a minimum of five meetings, at diverse locations throughout the state, to gather public input regarding the group's proposed legislation. By December 31, 2005, the work group must amend or resubmit the findings and recommendations submitted to the legislature under subsection (4) of this section to reflect the end results of the public process.

        (7) This section expires June 30, ((2005)) 2006."

Signed by Representatives B. Sullivan, Chairman; Blake; Dickerson; Eickmeyer; Hunt and Williams.

MINORITY recommendation: Do not pass. Signed by Representatives Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; DeBolt and Orcutt.

       Referred to Committee on Appropriations.

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March 31, 2005

SB 5180       Prime Sponsor, Senator Kastama: Authorizing the economic development finance authority to continue issuing bonds. Reported by Committee on Capital Budget

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Ormsby, Vice Chairman; Jarrett, Ranking Minority Member; Hankins, Assistant Ranking Minority Member; Blake; Chase; Cox; DeBolt; Eickmeyer; Ericks; Ericksen; Flannigan; Green; Hasegawa; Holmquist; Kretz; Kristiansen; Lantz; McCune; Moeller; Morrell; Newhouse; O'Brien; Roach; Schual-Berke; Serben; Springer; Strow and Upthegrove.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5182     Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Requiring disclosures for single burial use of multiple interment space. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass as amended:

        On page 2, beginning on line 1, after "must" strike all material through "interment" on line 2, and insert "include the following disclosure on the written statement, contract, or other document in conspicuous bold face type no smaller than other text provisions in the written statement, contract, or other document, to be initialed by the person making the cemetery arrangements in immediate proximity to the space reserved for the signature lines:

"DISCLOSURE OF MULTIPLE INTERMENT

State law provides that "multiple interment" means two or more noncremated human remains are buried in the ground, in outer burial enclosures or chambers, placed one on top of another, with a ground level surface the same size as a single grave or right of interment""

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Condotta, Ranking Minority Member; Sump, Assistant Ranking Minority Member; Crouse; Hudgins and McCoy.

       Passed to Committee on Rules for second reading.

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March 29, 2005

ESSB 5186   Prime Sponsor, Senate Committee on Health & Long-Term Care: Increasing the physical activity of the citizens of Washington state. Reported by Committee on Health Care

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. The legislature finds that regular physical activity is essential to maintaining good health and reducing the rates of chronic disease. The legislature further finds that providing opportunities for walking, biking, horseback riding, and other regular forms of exercise is best accomplished through collaboration between the private sector and local, state, and institutional policymakers. This collaboration can build communities where people find it easy and safe to be physically active. It is the intent of the legislature to promote policy and planning efforts that increase access to inexpensive or free opportunities for regular exercise in all communities around the state.

        Sec. 2. RCW 36.70A.070 and 2004 c 196 s 1 are each amended to read as follows:

        The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.

        Each comprehensive plan shall include a plan, scheme, or design for each of the following:

        (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Wherever possible, the land use element should consider utilizing urban planning approaches that promote physical activity. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

        (2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.

        (3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element.

        (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.

        (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:

        (a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.

        (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character.

        (c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:

        (i) Containing or otherwise controlling rural development;

        (ii) Assuring visual compatibility of rural development with the surrounding rural area;

        (iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;

        (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and ground water resources; and

        (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.

        (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:

        (i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments.

        (A) A commercial, industrial, residential, shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii) of this subsection.

        (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.

        (C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5);

        (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl;

        (iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small-scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(14). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(14). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;

        (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl;

        (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence:

        (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter;

        (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or

        (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).

        (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.

        (6) A transportation element that implements, and is consistent with, the land use element.

        (a) The transportation element shall include the following subelements:

        (i) Land use assumptions used in estimating travel;

        (ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;

        (iii) Facilities and services needs, including:

        (A) An inventory of air, water, and ground transportation facilities and services, including transit alignments ((and)), general aviation airport facilities, existing pedestrian sidewalks on all major arterial roadways, signed or marked bicycle lanes on any functionally classified roadways, and off-road separated bicycle paths or multiuse bicycle-pedestrian trails, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries;

        (B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;

        (C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the department of transportation's six-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection;

        (D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard;

        (E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

        (F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW;

        (iv) Finance, including:

        (A) An analysis of funding capability to judge needs against probable funding resources;

        (B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the six-year improvement program developed by the department of transportation as required by RCW 47.05.030;

        (C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

        (v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

        (vi) Demand-management strategies;

        (vii) Pedestrian and bicycle component to include:

        (A) Inventory of existing pedestrian and bicycle facilities as described in this subsection (6); and

        (B) Any planned improvements to pedestrian and bicycle facilities that address enhanced community access and safety for new or improved pedestrian and bicycle facilities.

        (b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

        (c) The transportation element described in this subsection (6), and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, RCW 35.58.2795 for public transportation systems, and RCW 47.05.030 for the state, must be consistent.

        (7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. The element shall include: (a) A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate; (b) a summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, work force, housing, and natural/cultural resources; and (c) an identification of policies, programs, and projects to foster economic growth and development and to address future needs. A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection.

        (8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.

        (9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130.

        Sec. 3. RCW 36.81.121 and 1997 c 188 s 1 are each amended to read as follows:

        (1) At any time before adoption of the budget, the legislative authority of each county, after one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years. If the county has adopted a comprehensive plan pursuant to chapter 35.63 or 36.70 RCW, the inherent authority of a charter county derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan.

        The program shall include proposed road and bridge construction work and other transportation facilities and programs deemed appropriate, and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities. The program shall include any new or enhanced bicycle or pedestrian facilities identified pursuant to RCW 36.70A.070(6) or other applicable changes that promote nonmotorized transit. Copies of the program shall be filed with the county road administration board and with the state secretary of transportation not more than thirty days after its adoption by the legislative authority. The purpose of this section is to assure that each county shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated transportation program. The program may at any time be revised by a majority of the legislative authority but only after a public hearing thereon.

        (2) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for nonmotorized transportation purposes.

        (3) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county shall act to preserve railroad right-of-way in the event the railroad ceases to operate in the county's jurisdiction.

        (4) The six-year plan for each county shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region.

        Sec. 4. RCW 35.77.010 and 1994 c 179 s 1 and 1994 c 158 s 7 are each reenacted and amended to read as follows:

        (1) The legislative body of each city and town, pursuant to one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years. If the city or town has adopted a comprehensive plan pursuant to chapter 35.63 or 35A.63 RCW, the inherent authority of a first class city derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan. The program shall include any new or enhanced bicycle or pedestrian facilities identified pursuant to RCW 36.70A.070(6) or other applicable changes that promote nonmotorized transit.

        The program shall be filed with the secretary of transportation not more than thirty days after its adoption. Annually thereafter the legislative body of each city and town shall review the work accomplished under the program and determine current city transportation needs. Based on these findings each such legislative body shall prepare and after public hearings thereon adopt a revised and extended comprehensive transportation program before July 1st of each year, and each one-year extension and revision shall be filed with the secretary of transportation not more than thirty days after its adoption. The purpose of this section is to assure that each city and town shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated transportation program. The program may at any time be revised by a majority of the legislative body of a city or town, but only after a public hearing.

        The six-year plan for each city or town shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region.

        (2) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a city or town will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for nonmotorized transportation purposes.

        (3) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a city or town shall act to preserve railroad right-of-way in the event the railroad ceases to operate in the city's or town's jurisdiction.

        Sec. 5. RCW 79A.05.030 and 1999 c 249 s 302, 1999 c 155 s 1, and 1999 c 59 s 1 are each reenacted and amended to read as follows:

        The commission shall:

        (1) Have the care, charge, control, and supervision of all parks and parkways acquired or set aside by the state for park or parkway purposes.

        (2) Adopt policies, and adopt, issue, and enforce rules pertaining to the use, care, and administration of state parks and parkways. The commission shall cause a copy of the rules to be kept posted in a conspicuous place in every state park to which they are applicable, but failure to post or keep any rule posted shall be no defense to any prosecution for the violation thereof.

        (3) Permit the use of state parks and parkways by the public under such rules as shall be adopted.

        (4) Clear, drain, grade, seed, and otherwise improve or beautify parks and parkways, and erect structures, buildings, fireplaces, and comfort stations and build and maintain paths, trails, and roadways through or on parks and parkways.

        (5) Grant concessions or leases in state parks and parkways, upon such rentals, fees, or percentage of income or profits and for such terms, in no event longer than fifty years, and upon such conditions as shall be approved by the commission: PROVIDED, That leases exceeding a twenty-year term shall require a unanimous vote of the commission: PROVIDED FURTHER, That if, during the term of any concession or lease, it is the opinion of the commission that it would be in the best interest of the state, the commission may, with the consent of the concessionaire or lessee, alter and amend the terms and conditions of such concession or lease: PROVIDED FURTHER, That television station leases shall be subject to the provisions of RCW 79A.05.085, only: PROVIDED FURTHER, That the rates of such concessions or leases shall be renegotiated at five-year intervals. No concession shall be granted which will prevent the public from having free access to the scenic attractions of any park or parkway.

        (6) Employ such assistance as it deems necessary. Commission expenses relating to its use of volunteer assistance shall be limited to premiums or assessments for the insurance of volunteers by the department of labor and industries, compensation of staff who assist volunteers, materials and equipment used in authorized volunteer projects, training, reimbursement of volunteer travel as provided in RCW 43.03.050 and 43.03.060, and other reasonable expenses relating to volunteer recognition. The commission, at its discretion, may waive commission fees otherwise applicable to volunteers. The commission shall not use volunteers to replace or supplant classified positions. The use of volunteers may not lead to the elimination of any employees or permanent positions in the bargaining unit.

        (7) By majority vote of its authorized membership select and purchase or obtain options upon, lease, or otherwise acquire for and in the name of the state such tracts of land, including shore and tide lands, for park and parkway purposes as it deems proper. If the commission cannot acquire any tract at a price it deems reasonable, it may, by majority vote of its authorized membership, obtain title thereto, or any part thereof, by condemnation proceedings conducted by the attorney general as provided for the condemnation of rights of way for state highways. Option agreements executed under authority of this subsection shall be valid only if:

        (a) The cost of the option agreement does not exceed one dollar; and

        (b) Moneys used for the purchase of the option agreement are from (i) funds appropriated therefor, or (ii) funds appropriated for undesignated land acquisitions, or (iii) funds deemed by the commission to be in excess of the amount necessary for the purposes for which they were appropriated; and

        (c) The maximum amount payable for the property upon exercise of the option does not exceed the appraised value of the property.

        (8) Cooperate with the United States, or any county or city of this state, in any matter pertaining to the acquisition, development, redevelopment, renovation, care, control, or supervision of any park or parkway, and enter into contracts in writing to that end. All parks or parkways, to which the state contributed or in whose care, control, or supervision the state participated pursuant to the provisions of this section, shall be governed by the provisions hereof.

        (9) Within allowable resources, maintain policies that increase the number of people who have access to free or low-cost recreational opportunities for physical activity, including noncompetitive physical activity.

        Sec. 6. RCW 28A.300.040 and 1999 c 348 s 6 are each amended to read as follows:

        In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

        (1) To have supervision over all matters pertaining to the public schools of the state;

        (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools;

        (3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents;

        (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials;

        (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount;

        (6) To act as ex officio member and the chief executive officer of the state board of education;

        (7) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to;

        (8) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct;

        (9) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state;

        (10) To issue certificates as provided by law;

        (11) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education;

        (12) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction;

        (13) To administer oaths and affirmations in the discharge of the superintendent's official duties;

        (14) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office;

        (15) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025;

        (16) To promote the adoption of school-based curricula and policies that provide quality, daily physical education for all students, and to encourage policies that provide all students with opportunities for physical activity outside of formal physical education classes;

        (17) To perform such other duties as may be required by law.

        Sec. 7. RCW 28A.320.015 and 1992 c 141 s 301 are each amended to read as follows:

        (1) The board of directors of each school district may exercise the following:

        (a) The broad discretionary power to determine and adopt written policies not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that the board determines will:

        (i) Promote the education and daily physical activity of kindergarten through twelfth grade students in the public schools; or

        (ii) Promote the effective, efficient, or safe management and operation of the school district;

        (b) Such powers as are expressly authorized by law; and

        (c) Such powers as are necessarily or fairly implied in the powers expressly authorized by law.

        (2) Before adopting a policy under subsection (1)(a) of this section, the school district board of directors shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the board of directors.

        NEW SECTION. Sec. 8. (1) The health care authority, in coordination with the department of personnel, the department of health, health plans participating in public employees' benefits board programs, and the University of Washington's center for health promotion, may create a worksite health promotion program to develop and implement initiatives designed to increase physical activity and promote improved self-care and engagement in health care decision-making among state employees.

        (2) The health care authority shall report to the governor and the legislature by December 1, 2006, on progress in implementing, and evaluating the results of, the worksite health promotion program."

        Correct the title.

Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Clibborn; Green; Hinkle; Lantz; Moeller; Morrell and Schual-Berke.

       Referred to Committee on Appropriations.

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March 29, 2005

2SSB 5202   Prime Sponsor, Senate Committee on Ways & Means: Requiring a study of public employee health plans and health savings account options. Reported by Committee on Health Care

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Clibborn; Green; Lantz; Moeller; Morrell and Schual-Berke.

MINORITY recommendation: Without recommendation. Signed by Representatives Appleton and Hinkle

       Passed to Committee on Rules for second reading.

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March 31, 2005

ESB 5222     Prime Sponsor, Senator Esser: Changing provisions relating to the insanity defense. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 10.77.020 and 1998 c 297 s 30 are each amended to read as follows:

        (1) At any and all stages of the proceedings pursuant to this chapter, any person subject to the provisions of this chapter shall be entitled to the assistance of counsel, and if the person is indigent the court shall appoint counsel to assist him or her. A person may waive his or her right to counsel; but such waiver shall only be effective if a court makes a specific finding that he or she is or was competent to so waive. In making such findings, the court shall be guided but not limited by the following standards: Whether the person attempting to waive the assistance of counsel, does so understanding:

        (a) The nature of the charges;

        (b) The statutory offense included within them;

        (c) The range of allowable punishments thereunder;

        (d) Possible defenses to the charges and circumstances in mitigation thereof; and

        (e) All other facts essential to a broad understanding of the whole matter.

        (2) Whenever any person is subjected to an examination pursuant to any provision of this chapter, he or she may retain an expert or professional person to perform an examination in his or her behalf. In the case of a person who is indigent, the court shall upon his or her request assist the person in obtaining an expert or professional person to perform an examination or participate in the hearing on his or her behalf. An expert or professional person obtained by an indigent person pursuant to the provisions of this chapter shall be compensated for his or her services out of funds of the department, in an amount determined by the secretary to be fair and reasonable.

        (3) Any time the defendant is being examined by court appointed experts or professional persons pursuant to the provisions of this chapter, the defendant shall be entitled to have his or her attorney present.

        (4) In a competency evaluation conducted under this chapter, the defendant may refuse to answer any question if he or she believes his or her answers may tend to incriminate him or her or form links leading to evidence of an incriminating nature.

        (5) In a sanity evaluation conducted under this chapter, if a defendant refuses to answer questions or to participate in an examination conducted in response to the defendant's assertion of an insanity defense, the court shall exclude from evidence at trial any testimony or evidence from any expert or professional person obtained or retained by the defendant.

        NEW SECTION. Sec. 2. This act applies to all examinations performed on or after the effective date of this act.

        NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Campbell; Kirby; Serben; Springer; Williams and Wood.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5234     Prime Sponsor, Senate Committee on Natural Resources, Ocean & Recreation: Expanding hunter access to certain private lands. 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; DeBolt; Eickmeyer and Williams.

MINORITY recommendation: Do not pass. Signed by Representatives Kretz, Assistant Ranking Minority Member; Blake; Dickerson; Hunt and Orcutt

       Referred to Committee on Appropriations.

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April 1, 2005

SSB 5242     Prime Sponsor, Senate Committee on Human Services & Corrections: Changing penalties for possession of weapons by inmates. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Kirby and Strow.

       Passed to Committee on Rules for second reading.

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April 1, 2005

SB 5254       Prime Sponsor, Senator Jacobsen: Creating the legislative youth advisory council. Reported by Committee on State Government Operations & Accountability

MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Hunt; McDermott and Miloscia.

MINORITY recommendation: Do not pass. Signed by Representatives Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5256     Prime Sponsor, Senate Committee on Human Services & Corrections: Revising provisions relating to the use of risk assessments in the supervision of offenders who committed misdemeanors and gross misdemeanors. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Kirby and Strow.

       Referred to Committee on Appropriations.

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March 31, 2005

SB 5267       Prime Sponsor, Senator Haugen: Clarifying the ability of Washington state patrol officers to engage in private law enforcement off-duty employment in plainclothes for private benefit. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Kirby and Strow.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5270     Prime Sponsor, Senate Committee on Ways & Means: Assisting vessel registration enforcement. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. A new section is added to chapter 82.49 RCW to read as follows:

        An owner of a vessel that is not registered as required by chapter 88.02 RCW and for which watercraft excise tax is due under this chapter is liable for a penalty in the following amount:

        (1) One hundred dollars for the owner's first violation;

        (2) Two hundred dollars for the owner's second violation involving the same or any other vessel; or

        (3) Four hundred dollars for the owner's third and successive violations involving the same or any other vessel.

        The department may collect this penalty under the procedures established in chapter 82.32 RCW. The penalty imposed under this section is in addition to any other civil or criminal penalty imposed by law.

        NEW SECTION. Sec. 2. A new section is added to chapter 88.02 RCW to read as follows:

        (1) A marina that leases permanent moorage to vessels must require the following information from the lessee as a condition of leasing moorage space:

        (a) The name, address, and telephone number of the legal owner of the vessel;

        (b) The name of the lessee, if different than the owner;

        (c) The vessel's country or state of registration and registration number or the vessel's Coast Guard registration (if applicable); and

        (d) The date on which the moorage lease began.

        A marina shall permit any authorized agent of the department of revenue to inspect these records at a mutually agreed time, within thirty days of written request by the department.

        (2) If the moorage applicant's vessel is not registered in this state at the time the initial lease is executed, the marina must inform the moorage applicant of the state law requiring vessel registration and the penalties assessed for failure to comply with the state's vessel registration laws. After this, it is the moorage applicant's responsibility to register the vessel.

        NEW SECTION. Sec. 3. Section 1 of this act applies to any violation that occurs on or after the effective date of this act. Section 2 of this act applies to any lease of permanent moorage that is entered into on or after the effective date of this act.

        NEW SECTION. Sec. 4. This act takes effect August 1, 2005."

Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Appleton; Buck; Campbell; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Simpson; B. Sullivan; Takko; Upthegrove and Wood.

       Referred to Committee on Finance.

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March 31, 2005

SSB 5278     Prime Sponsor, Senate Committee on Natural Resources, Ocean & Recreation: Establishing the ocean policy review commission. 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 Washington's coastal and ocean resources are among the most important of its natural resources and that the state holds these resources in trust for the people of Washington. Ocean based activities, such as fishing, aquaculture, tourism, recreation, and marine transportation have historically played a vital role in Washington's economy and culture. New ocean uses are being proposed in such areas as renewable energy, marine biotechnology, and ocean observing. A healthy ocean is an integral part of the high quality of life enjoyed in the state. Therefore, the people of Washington have an obligation to be good stewards of the ocean so that coastal and ocean resources are preserved for future generations.

        Washington's coastal and ocean resources face significant challenges, including the preservation of water quality, fish populations, and fish and wildlife habitat, and the utilization of opportunities offered by new sustainable use activities. Coordinated policy regarding Washington's coastal and ocean resources will improve the efficiency and effectiveness of the state's ocean related programs and activities. The coordination of Washington's scientific resources will increase the quality and quantity of information available to assess current and proposed use activities. Additionally, the movement of ocean currents, atmospheric winds, and marine fish and wildlife across state and national borders and the multijurisdictional reach of many users of the coast and sea make cooperation between Washington and adjacent jurisdictions necessary.

        The United States commission on ocean policy studied and issued a report documenting the state of our nation's oceans and provided ocean policy recommendations. In response to the final report of the United States commission on ocean policy, the president issued the United States ocean action plan and created the cabinet-level committee on ocean policy in December 2004. Through these actions, the federal government has evidenced an intent to facilitate coordination between federal, state, tribal, local governments, and other interested groups and to provide funding for ocean resources programs and activities.

        An evaluation of the condition of the state's coastal and ocean resources and the development of options for addressing the opportunities and challenges facing these resources will facilitate the adoption of a more efficient and effective ocean policy.

        NEW SECTION. Sec. 2. (1) The ocean policy review commission is established.

        (2) The commission is composed of the following members:

        (a) The governor or the governor's designee;

        (b) One representative from each major caucus in the senate, appointed by the president of the senate;

        (c) One representative from each major caucus in the house of representatives, appointed by the speaker of the house of representatives;

        (d) The director of the department of fish and wildlife or the director's designee;

        (e) The commissioner of public lands or the commissioner's designee;

        (f) The director of the department of ecology or the director's designee; and

        (g) Six individuals appointed by the governor possessing recognized expertise on ocean policy, program, or research issues. The governor shall consult with a wide range of sources when appointing commission members, including leaders from each major caucus of the senate and house of representatives.

        (3) The ocean policy review commission shall be convened by the governor no later than June 1, 2005. Upon convening, the commission shall select a chair to preside over commission meetings and a vice-chair to preside in the chair's absence.

        (4) The commission shall convene a working group to provide information, suggestions, and feedback to the commission as it carries out the requirements of sections 3 and 4 of this act. The commission shall determine the composition of the working group, which should include, but is not limited to, a representative or representatives of:

        (a) The federal government;

        (b) Tribal government;

        (c) Local coastal government;

        (d) Port districts;

        (e) Organizations engaged in environmental protection;

        (f) Businesses engaged in fishing;

        (g) Organizations engaged in ocean science or technology;

        (h) Recreational fishing interests; and

        (i) Land development interests.

        (5) Staff to the ocean policy review commission must be provided by the department of ecology, the department of fish and wildlife, and the department of natural resources. Upon request by the commission, any state agency must provide information within the scope of the commission's work. The commission may also contract for technical assistance on any topic or element of the commission's review with the University of Washington, where expertise in marine affairs and ocean and fishery sciences is extensive.

        (6) Members of the ocean policy review commission and the working group shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

        NEW SECTION. Sec. 3. The ocean policy review commission shall, upon convening, examine the findings and recommendations of the United States commission on ocean policy. The commission shall identify ocean and coastal programs currently operating in the state. Additionally, the commission shall identify recommendations from the United States commission on ocean policy that could be implemented immediately or by December 31, 2006. The commission shall report these findings and recommendations to the governor and the appropriate policy and fiscal committees of the senate and house of representatives by December 31, 2005.

        NEW SECTION. Sec. 4. (1) In addition to the requirements in section 3 of this act, the ocean policy review commission shall:

        (a) Review and summarize the condition of Washington's coastal and ocean resources and their contribution to the state's character, quality of life, and economic vitality;

        (b) Review and summarize the various interests, roles, and responsibilities of public entities, tribal interests, and other stakeholders in the protection and management of Washington's coastal and ocean resources;

        (c) Identify and recommend ways to more effectively protect and manage coastal and ocean resources and take advantage of appropriate new opportunities to use such resources;

        (d) Identify and recommend ways to improve coordination between state agencies on coastal and ocean resources issues;

        (e) Identify and recommend ways to improve the state's coordination with Oregon, British Columbia, the federal government, other states, and tribal and local governments on coastal and ocean resources issues;

        (f) Identify and recommend ways to improve coordination of scientific and technological information and capabilities within the state;

        (g) Identify and recommend ways to finance coastal and ocean protection, management, and development programs; and

        (h) Review all existing laws, regulations, and programs for conserving, protecting, and restoring fisheries.

        (2) In carrying out this section, the ocean policy review commission shall provide for extensive public participation. The commission shall schedule its meetings in locations throughout the state, including meetings in at least five different coastal locations. Additionally, the commission shall attempt to schedule its meetings in locations and at times convenient for public attendance.

        (3) The ocean policy review commission shall report these findings and recommendations to the governor and the appropriate policy and fiscal committees of the senate and house of representatives by December 31, 2006.

        NEW SECTION. Sec. 5. The ocean policy review commission and its powers and duties terminate June 30, 2007.

        NEW SECTION. Sec. 6. A new section is added to chapter 43.143 RCW to read as follows:

        The coastal and ocean resources account is created in the custody of the state treasurer. All receipts from gifts or grants to the account, or legislative appropriations to the account, must be deposited in the account. Expenditures from the account may only be used for coastal and ocean resources programs or activities. Only the governor or the governor's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

        NEW SECTION. Sec. 7. (1) The governor or the governor's designee shall work to secure federal grants and other sources of funding for inclusion in the coastal and ocean resources account during the existence of the ocean policy review commission.

        (2) The governor or the governor's designee, with participation by the members of the ocean policy review commission, shall represent the state in coastal and ocean resources discussions with the federal government, other states, and tribal and local governments during the existence of the ocean policy review commission.

        NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 2005."

Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Dickerson; Eickmeyer; Hunt and Williams.

MINORITY recommendation: Do not pass. Signed by Representatives Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; DeBolt and Orcutt

       Referred to Committee on Appropriations.

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March 31, 2005

SSB 5282     Prime Sponsor, Senate Committee on Human Services & Corrections: Clarifying earned release provisions that apply to city and county jails. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Kagi; Kirby and Strow.

MINORITY recommendation: Do not pass. Signed by Representatives Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member.

       Passed to Committee on Rules for second reading.

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March 30, 2005

ESSB 5285   Prime Sponsor, Senate Committee on Water, Energy & Environment: Updating the water quality joint development act to provide local government flexibility for improving drinking water and treatment services. (REVISED FOR ENGROSSED: Updating the water quality joint development act to provide local government flexibility.) Reported by Committee on Local Government

MAJORITY recommendation: Do pass. Signed by Representatives Simpson, Chairman; Clibborn, Vice Chairman; Schindler, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Takko and Woods.

       Passed to Committee on Rules for second reading.

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March 28, 2005

SSB 5289     Prime Sponsor, Senate Committee on Early Learning, K-12 & Higher Education: Disregarding from federal accountability reporting those students receiving home-based instruction who participate in running start. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; P. Sullivan, Vice Chairman; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis; Haigh; Hunter; McDermott; Santos; Shabro and Tom.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5290     Prime Sponsor, Senate Committee on Agriculture & Rural Economic Development: Including goats in theft of livestock in the first degree. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 9A.56.080 and 2003 c 53 s 74 are each amended to read as follows:

        (1) Every person who, with intent to sell or exchange and to deprive or defraud the lawful owner thereof, willfully takes, leads, or transports away, conceals, withholds, slaughters, or otherwise appropriates any horse, mule, cow, heifer, bull, steer, swine, goat, or sheep is guilty of theft of livestock in the first degree.

        (2) Theft of livestock in the first degree is a class B felony.

        Sec. 2. RCW 4.24.320 and 2003 c 53 s 4 are each amended to read as follows:

        Any person who suffers damage((s)) to livestock as a result of actions described in RCW ((9A.48.080(c))) 16.52.205 or any owner of ((a horse, mule, cow, heifer, bull, steer, swine, or sheep)) livestock who suffers damage((s)) as a result of a willful, unauthorized act described in RCW 9A.56.080 or 9A.56.083 may bring an action against the person or persons committing the act in a court of competent jurisdiction for exemplary damages up to three times the actual damages sustained, plus attorney's fees. As used in this section, "livestock" means the animals specified in RCW 9A.56.080."

Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Kirby and Strow.

       Passed to Committee on Rules for second reading.

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March 30, 2005

SB 5307       Prime Sponsor, Senator Keiser: Modifying requirements for the operation of amusement rides. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Hudgins and McCoy.

MINORITY recommendation: Do not pass. Signed by Representatives Condotta, Ranking Minority Member; Sump, Assistant Ranking Minority Member; Crouse

       Passed to Committee on Rules for second reading.

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March 31, 2005

SSB 5309     Prime Sponsor, Senate Committee on Human Services & Corrections: Defining sexual misconduct with a minor. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Kirby and Strow.

       Passed to Committee on Rules for second reading.

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March 30, 2005

SB 5311       Prime Sponsor, Senator Rasmussen: Creating an autism task force. Reported by Committee on Children & Family Services

MAJORITY recommendation: Do pass as amended:

        On page 2, line 2, after "needs of" strike "children" and insert "individuals"

        On page 2, line 4, after "Washington" strike "children" and insert "individuals"

        On page 2, line 8, after "(2) The" strike "committee" and insert "task force"

        On page 2, line 23, after "district;" strike "and"

        On page 2, line 24, after "district" insert "; and

        (h) An expert in the field of early intervention services"

        On page 3, after line 8, insert the following:

        "(5) Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060."

Signed by Representatives Kagi, Chairman; Roberts, Vice Chairman; Hinkle, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Darneille; Dickerson; Dunn; Haler and Pettigrew.

       Passed to Committee on Rules for second reading.

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March 31, 2005

SB 5321       Prime Sponsor, Senator Haugen: Regulating disclosure of addresses of vehicle owners. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 46.12.370 and 2004 c 230 s 1 are each amended to read as follows:

        In addition to any other authority which it may have, the department of licensing may furnish lists of registered and legal owners of motor vehicles only for the purposes specified in this section to:

        (1) The manufacturers of motor vehicles, or their authorized agents, to be used to enable those manufacturers to carry out the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. sec. 1382-1418), including amendments or additions thereto, respecting safety-related defects in motor vehicles;

        (2) Any governmental agency of the United States or Canada, or political subdivisions thereof, to be used by it or by its authorized commercial agents or contractors only in connection with the enforcement of motor vehicle or traffic laws by, or programs related to traffic safety of, that government agency. Only such parts of the list as are required for completion of the work required of the agent or contractor shall be provided to such agent or contractor;

        (3) A commercial parking company requiring the names and addresses of registered owners to notify them of outstanding parking violations. Subject to the disclosure agreement provisions of RCW 46.12.380 and the requirements of Executive Order 97-01, the department may provide only the parts of the list that are required for completion of the work required of the company;

        (4) An authorized agent or contractor of the department, to be used only in connection with providing motor vehicle excise tax, licensing, title, and registration information to motor vehicle dealers;

        (5) Any business regularly making loans to other persons to finance the purchase of motor vehicles, to be used to assist the person requesting the list to determine ownership of specific vehicles for the purpose of determining whether or not to provide such financing; or

        (6) A company or its agents operating a toll facility under chapter 47.46 RCW or other applicable authority requiring the names, addresses, and vehicle information of motor vehicle registered owners to identify toll violators.

        Where both a mailing address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from law enforcement agencies or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business. The residence address may also be disclosed for use in legal proceedings or preparation for legal proceedings. Legal proceedings include, but are not limited to, lawsuits and repossessions.

        If a list of registered and legal owners of motor vehicles is used for any purpose other than that authorized in this section, the manufacturer, governmental agency, commercial parking company, authorized agent, contractor, financial institution, toll facility operator, or their authorized agents or contractors responsible for the unauthorized disclosure or use will be denied further access to such information by the department of licensing.

        Sec. 2. RCW 46.12.380 and 1995 c 254 s 10 are each amended to read as follows:

        (1) Notwithstanding the provisions of chapter 42.17 RCW, the name or address of an individual vehicle owner shall not be released by the department, county auditor, or agency or firm authorized by the department except under the following circumstances:

        (a) The requesting party is a business entity that requests the information for use in the course of business;

        (b) The request is a written request that is signed by the person requesting disclosure that contains the full legal name and address of the requesting party, that specifies the purpose for which the information will be used; and

        (c) The requesting party enters into a disclosure agreement with the department in which the party promises that the party will use the information only for the purpose stated in the request for the information; and that the party does not intend to use, or facilitate the use of, the information for the purpose of making any unsolicited business contact with a person named in the disclosed information. The term "unsolicited business contact" means a contact that is intended to result in, or promote, the sale of any goods or services to a person named in the disclosed information. The term does not apply to situations where the requesting party and such person have been involved in a business transaction prior to the date of the disclosure request and where the request is made in connection with the transaction.

        (2) Where both a mailing address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from law enforcement agencies or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business. The residence address may also be disclosed for use in legal proceedings or preparation for legal proceedings. Legal proceedings include, but are not limited to, lawsuits and repossessions.

        (3) The disclosing entity shall retain the request for disclosure for three years.

        (((3))) (4) Whenever the disclosing entity grants a request for information under this section by an attorney or private investigator, the disclosing entity shall provide notice to the vehicle owner, to whom the information applies, that the request has been granted. The notice also shall contain the name and address of the requesting party.

        (((4))) (5) Any person who is furnished vehicle owner information under this section shall be responsible for assuring that the information furnished is not used for a purpose contrary to the agreement between the person and the department.

        (((5))) (6) This section shall not apply to requests for information by governmental entities or requests that may be granted under any other provision of this title expressly authorizing the disclosure of the names or addresses of vehicle owners.

        (((6))) (7) This section shall not apply to title history information under RCW 19.118.170."

Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Appleton; Campbell; Curtis; Dickerson; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Sells; Simpson; B. Sullivan; Takko; Upthegrove and Wood.

MINORITY recommendation: Do not pass. Signed by Representatives Woods, Ranking Minority Member; Buck; Ericksen; Schindler and Shabro

       Passed to Committee on Rules for second reading.

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April 1, 2005

SB 5330       Prime Sponsor, Senator Shin: Creating the economic development grants program. Reported by Committee on Economic Development, Agriculture & Trade

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. The legislature finds that state-supported economic development efforts, including work force training, technology transfer, and industrial modernization, can make a significant difference in the health and diversification of the state's economy. There are numerous federal and private economic development grant programs and research projects designed to increase the competitiveness of American firms and local work forces, for which state agencies and local consortiums are eligible to apply. The legislature further finds that state agencies in Washington have not maximized the opportunities available to receive federal and private funds to augment state economic development efforts.

        The legislature declares that it is the state's policy to maximize the use of federal and private funds for economic development purposes and to devote state resources to leverage federal and private dollars to supplement state economic development efforts. In furtherance of this policy, it is the purpose of section 2 of this act to authorize and fund a technical assistance and grant writing program within the department of community, trade, and economic development.

        NEW SECTION. Sec. 2. A new section is added to chapter 43.330 RCW to read as follows:

        (1) The economic development grants program is created in the department to be staffed by at least one grant writer either on contract or on staff. Program staff shall:

        (a) Regularly review the federal register for opportunities to apply for grants, research projects, and demonstration projects;

        (b) Stay abreast of grant opportunities with private foundations and businesses;

        (c) Correspond and meet with federal officials, including those in the small business administration, the department of labor, the department of commerce, and the department of health and human services, as well as foundation and business officials, on the prospects for obtaining federal and private funds for economic development purposes in Washington state;

        (d) Apprise the agency directors and division heads of the department of community, trade, and economic development, the employment security department, the department of agriculture, the Washington technology center, the Washington manufacturing service, and other state agencies as appropriate, of the opportunities for federal and private grant dollars for economic development projects;

        (e) Assist state agencies in their grant-seeking efforts for economic development projects. Grant writing for and assistance in grant writing for projects sponsored or cosponsored by state agencies shall be the highest priority of the program's work;

        (f) Write grant requests to further the state's economic development efforts;

        (g) Facilitate joint efforts between agencies and between local consortiums and state agencies that will increase the likelihood of success in grant seeking; and

        (h) Garner the political support necessary from federal and state elected and appointed officials for success in grant seeking.

        (2) The department shall submit to the appropriate committees of the legislature an annual list of grant applications submitted, grant awards received, and the total amount of grant funds received during the year. The list shall be due by December 1st of each year."

Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Blake; Chase; Clibborn; Grant; Kenney; Kilmer; McCoy; Morrell; Quall and Wallace.

MINORITY recommendation: Do not pass. Signed by Representatives Kristiansen, Ranking Minority Member; Buri; Dunn; Haler; Holmquist; Kretz; Newhouse and Strow

       Referred to Committee on Appropriations.

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March 30, 2005

ESB 5332     Prime Sponsor, Senator Kline: Honoring the Reverend Doctor Martin Luther King, Jr. Reported by Committee on State Government Operations & Accountability

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

MINORITY recommendation: Do not pass. Signed by Representatives Nixon, Ranking Minority Member; Schindler

       Passed to Committee on Rules for second reading.

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March 30, 2005

SB 5340       Prime Sponsor, Senator Rasmussen: Creating the military department capital account and rental and lease account. Reported by Committee on Capital Budget

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Ormsby, Vice Chairman; Jarrett, Ranking Minority Member; Hankins, Assistant Ranking Minority Member; Blake; Chase; Cox; Eickmeyer; Ericks; Ericksen; Flannigan; Green; Hasegawa; Holmquist; Kretz; Kristiansen; Lantz; McCune; Moeller; Morrell; O'Brien; Roach; Serben; Springer and Strow.

       Passed to Committee on Rules for second reading.

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March 31, 2005

ESSB 5348   Prime Sponsor, Senate Committee on Water, Energy & Environment: Authorizing certain PUDs to operate an electrical appliance repair service. Reported by Committee on Technology, Energy & Communications

MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chairman; Kilmer, Vice Chairman; Ericks; Hudgins; Takko and Wallace.

MINORITY recommendation: Do not pass. Signed by Representatives Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Nixon and Sump

       Passed to Committee on Rules for second reading.

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March 30, 2005

ESSB 5349   Prime Sponsor, Senate Committee on Early Learning, K-12 & Higher Education: Creating a dyslexia reading instruction pilot program. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; P. Sullivan, Vice Chairman; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis; Haigh; Hunter; McDermott; Santos; Shabro and Tom.

       Referred to Committee on Appropriations.

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March 31, 2005

SB 5352       Prime Sponsor, Senator Esser: Revising provisions relating to animal cruelty. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "Sec. 1. RCW 16.52.205 and 1994 c 261 s 8 are each amended to read as follows:

        (1) A person is guilty of animal cruelty in the first degree when, except as authorized in law, he or she intentionally (a) inflicts substantial pain on, (b) causes physical injury to, or (c) kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an animal.

        (2) A person is guilty of animal cruelty in the first degree when, except as authorized by law, he or she, with criminal negligence, starves, dehydrates, or suffocates an animal and as a result causes: (a) Substantial and unjustifiable physical pain that extends for a period sufficient to cause considerable suffering; or (b) death.

        (3) Animal cruelty in the first degree is a class C felony.

        Sec. 2. RCW 16.52.207 and 1994 c 261 s 9 are each amended to read as follows:

        (1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal.

        (2) An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence:

        (a) Fails to provide the animal with necessary ((food, water,)) shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or

        (b) Abandons the animal.

        (3) Animal cruelty in the second degree is a misdemeanor.

        (4) In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control.

        Sec. 3. RCW 16.52.117 and 1994 c 261 s 11 are each amended to read as follows:

        (1) ((Any)) A person ((who does any of the following is guilty of a gross misdemeanor punishable by imprisonment not to exceed one year, or by a fine not to exceed five thousand dollars, or by both fine and imprisonment)) commits the crime of animal fighting if the person knowingly does any of the following:

        (a) Owns, possesses, keeps, ((or)) breeds, trains, buys, sells, or advertises or offers for sale any animal with the intent that the animal shall be engaged in an exhibition of fighting with another animal;

        (b) ((For amusement or gain causes any animal to fight with another animal, or causes any animals to injure each other; or

        (c) Permits any act in violation of (a) or (b) of this subsection to be done on any premises under his or her charge or control, or promotes or aids or abets any such act.)) Promotes, organizes, conducts, participates in, advertises, or performs any service in the furtherance of an exhibition of animal fighting, transports spectators to an animal fight, or provides or serves as a stakeholder for any money wagered on an animal fight;

        (c) Keeps or uses any place for the purpose of animal fighting, or manages or accepts payment of admission to any place kept or used for the purpose of animal fighting;

        (d) Suffers or permits any place over which the person has possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting; or

        (e) Takes, leads away, possesses, confines, sells, transfers, or receives a stray animal or a pet animal, with the intent to deprive the owner of the pet animal, and with the intent of using the stray animal or pet animal for animal fighting, or for training or baiting for the purpose of animal fighting.

        (2) ((Any person who is knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition of the fighting of animals, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subsection (1)(b) of this section, with the intent to be present at such exhibition, fighting, or injuring, is guilty of a misdemeanor.)) A person who violates this section is guilty of a class C felony punishable under RCW 9A.20.021.

        (3) Nothing in this section ((may)) prohibits the following:

        (a) The use of ((dogs)) animals in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;

        (b) The use of ((dogs)) animals in hunting as permitted by law; or

        (c) The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law."

        Correct the title.

Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Campbell; Kirby; Serben; Springer; Williams and Wood.

       Referred to Committee on Appropriations.

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April 1, 2005

ESB 5355     Prime Sponsor, Senator Doumit: Modifying provisions for salmon and steelhead recovery in the lower Columbia region. Reported by Committee on Natural Resources, Ecology & Parks

MAJORITY recommendation: Do pass. Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Blake; Dickerson; Eickmeyer; Hunt and Williams.

MINORITY recommendation: Do not pass. Signed by Representatives Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; DeBolt and Orcutt

       Passed to Committee on Rules for second reading.

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April 1, 2005

SSB 5360     Prime Sponsor, Senate Committee on Early Learning, K-12 & Higher Education: Studying performance and funding of running start students. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Representatives Kenney, Chairman; Sells, Vice Chairman; Cox, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Buri; Dunn; Fromhold; Hasegawa; Jarrett; Ormsby; Priest and Roberts.

       Passed to Committee on Rules for second reading.

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April 1, 2005

2SSB 5370   Prime Sponsor, Senate Committee on Ways & Means: Creating the economic development strategic reserve account. Reported by Committee on Economic Development, Agriculture & Trade

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. A new section is added to chapter 43.330 RCW to read as follows:

        (1) The economic development strategic reserve account is created in the state treasury to be used only for the purposes of this section.

        (2) Only the governor, in consultation with the director of the department of community, trade, and economic development and the public works board, may authorize expenditures from the account, subject to appropriation by the legislature.

        (3) Funding for a minimum of one full-time equivalent staff position for the economic development commission and to cover any other operational costs of the commission may be provided only through an operating appropriation to the account.

        (4) Expenditures from the account may be made to prevent closure of a business or facility, to prevent relocation of a business or facility in the state to a location outside the state, or to recruit a business or facility to the state. Contingent on the funding of the account, expenditures may be authorized for:

        (a) Work force development;

        (b) Public infrastructure needed to support or sustain the operations of the business or facility; and

        (c) Other lawfully provided assistance, including, but not limited to, technical assistance, environmental analysis, relocation assistance, and planning assistance. Funding may be provided for such assistance only when it is in the public interest and may be provided under a contractual arrangement ensuring that the state will receive appropriate consideration, such as an assurance of job creation or retention.

        (5) The funds shall not be expended from the account unless:

        (a) The circumstances are such that time does not permit the director of the department of community, trade, and economic development or the business or facility to secure funding from other state sources;

        (b) The business or facility produces or will produce significant long-term economic benefits to the state, a region of the state, or a particular community in the state;

        (c) The business or facility does not require continuing state support;

        (d) The expenditure will result in new jobs, job retention, or higher incomes for citizens of the state;

        (e) The expenditure will not supplant private investment; and

        (f) The expenditure is accompanied by private investment.

        Sec. 2. RCW 43.155.050 and 2001 c 131 s 2 are each amended to read as follows:

        The public works assistance account is hereby established in the state treasury. Money may be placed in the public works assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source. Money in the public works assistance account shall be used to make loans and to give financial guarantees to local governments for public works projects. Moneys in the account may also be appropriated to provide for state match requirements under federal law for projects and activities conducted and financed by the board under the drinking water assistance account. Not more than fifteen percent of the biennial capital budget appropriation to the public works board from this account may be expended or obligated for preconstruction loans, emergency loans, or loans for capital facility planning under this chapter; of this amount, not more than ten percent of the biennial capital budget appropriation may be expended for emergency loans and not more than one percent of the biennial capital budget appropriation may be expended for capital facility planning loans. In addition to other appropriations, beginning July 1, 2007, and continuing until June 30, 2011, ten million dollars from the public works assistance account will be appropriated each biennium to the economic development strategic reserve account to be used for public infrastructure expenditures only."

         Correct the title.

Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Blake; Chase; Clibborn; Grant; Kenney; Kilmer; McCoy; Morrell; Quall and Wallace.

MINORITY recommendation: Do not pass. Signed by Representatives Kristiansen, Ranking Minority Member; Buri; Dunn; Haler; Holmquist; Kretz; Newhouse and Strow

       Referred to Committee on Capital Budget.

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April 1, 2005

ESB 5381     Prime Sponsor, Senator Kohl-Welles: Authorizing an independent, nonprofit Washington academy of sciences. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass as amended:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. The legislature finds that public policies and programs will be improved when informed by independent scientific analysis and communication with state and local policymakers. Throughout the state there are highly qualified persons in a wide range of scientific disciplines who are willing to contribute their time and expertise in such reviews, but that presently there is lacking an organizational structure in which the entire scientific community may most effectively respond to requests for assessments of complex public policy questions. Therefore it is the purpose of this act to authorize the creation of the Washington academy of sciences as a nonprofit entity independent of government, whose principal mission will be the provision of scientific analysis and recommendations on questions referred to the academy by the governor, the governor's designee, or the legislature.

        NEW SECTION. Sec. 2. The Washington academy of sciences authorized to be formed under section 3 of this act shall serve as a principal source of scientific investigation, examination, and reporting on scientific questions referred to the academy by the governor or the legislature under the provisions of section 4 of this act. Nothing in this section or this chapter supersedes or diminishes the responsibilities performed by scientists employed by the state or its political subdivisions.

        NEW SECTION. Sec. 3. (1) The presidents of the University of Washington and Washington State University shall jointly form and serve as the cochairs of an organizing committee for the purpose of creating the Washington academy of sciences as an independent entity to carry out the purposes of this chapter. The committee should be representative of appropriate disciplines from the academic, private, governmental, and research sectors.

        (2) Staff from the University of Washington and Washington State University, and from other available entities, shall provide support to the organizing committee under the direction of the cochairs.

        (3)(a) The committee shall investigate organizational structures that will ensure the participation or membership in the academy of scientists and experts with distinction in their fields, and that will ensure broad participation among the several disciplines that may be called upon in the investigation, examination, and reporting upon questions referred to the academy by the governor or the legislature.

        (b) The organizational structure shall include a process by which the academy responds to inquiries from the governor or the legislature, including but not limited to the identification of research projects, past or present, at Washington or other research institutions and the findings of such research projects.

        (4) The committee cochairs shall use their best efforts to form the committee by January 1, 2006, and to complete the committee's review by April 30, 2007. By April 30, 2007, the committee, or such individuals as the committee selects, shall file articles of incorporation to create the academy as a Washington independent organizational entity. The articles shall expressly recognize the power and responsibility of the academy to provide services as described in section 4 of this act upon request of the governor, the governor's designee, or the legislature. The articles shall also provide for a board of directors of the academy that includes distinguished scientists from the range of disciplines that may be called upon to provide such services to the state and its political subdivisions, and provide a balance of representation from the academic, private, governmental, and research sectors.

        (5) The articles shall provide for all such powers as may be appropriate or necessary to carry out the academy's purposes under this chapter, to the full extent allowable under the proposed organizational structure.

        NEW SECTION. Sec. 4. (1) The academy shall investigate, examine, and report on any subject of science requested by the governor, the governor's designee, or the legislature. The procedures for selecting panels of experts to respond to such requests shall be set forth in the bylaws or other appropriate operating guidelines. In forming review panels, the academy shall endeavor to assure that the panel members have no conflicts of interest and that proposed panelists first disclose any advocacy positions or financial interest related to the questions to be addressed by the panel that the candidate has held within the past ten years.

        (2) The governor shall provide funding to the academy for the actual expense of such investigation, examination, and reports. Such funding shall be in addition to state funding assistance to the academy in its initial years of operation as described in section 6 of this act.

        NEW SECTION. Sec. 5. The academy may carry out functions or provide services to its members and the public in addition to the services provided under section 4 of this act, such as public education programs, newsletters, web sites, science fairs, and research assistance.

        NEW SECTION. Sec. 6. The organizational committee shall recommend procedures and funding requirements for receiving and disbursing funding in support of the academy's programs and services in a report to the governor and the appropriate committees of the senate and house of representatives no later than April 30, 2007.

        NEW SECTION. Sec. 7. Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW."

Signed by Representatives Kenney, Chairman; Sells, Vice Chairman; Cox, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Buri; Fromhold; Hasegawa; Jarrett; Ormsby; Priest and Roberts.

MINORITY recommendation: Without recommendation. Signed by Representatives Dunn

       Referred to Committee on Appropriations.

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March 31, 2005

SSB 5385     Prime Sponsor, Senate Committee on Natural Resources, Ocean & Recreation: Creating the Washington invasive species council. 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:

        (1) The land, water, and other resources of Washington are being severely impacted by the invasion of an increasing number of harmful invasive plant and animal species.

        (2) These impacts are resulting in damage to Washington's environment and causing economic hardships.

        (3) The multitude of public and private organizations with an interest in controlling and preventing the spread of harmful invasive species in Washington need a mechanism for cooperation, communication, collaboration, and developing a statewide plan of action to meet these threats.

        NEW SECTION. Sec. 2. (1) There is created the Washington invasive species council to exist until December 31, 2011. Staff support to the council shall be provided by the committee and from the agencies represented on the council. For administrative purposes, the council shall be located within the committee.

        (2) The purpose of the council is to provide policy level direction, planning, and coordination for combating harmful invasive species throughout the state and preventing the introduction of others that may be potentially harmful.

        (3) The council is a joint effort between local, tribal, state, and federal governments, as well as the private sector and nongovernmental interests. The purpose of the council is to foster cooperation, communication, and coordinated approaches that support local, state, and regional initiatives for the prevention and control of invasive species.

        (4) For the purposes of this chapter, "invasive species" include nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state. "Invasive species" does not include domestic livestock, intentionally planted agronomic crops, or nonharmful exotic organisms.

        NEW SECTION. Sec. 3. (1) Membership in the council includes a representative from the following state entities:

        (a) The department of agriculture, represented by the director or the director's designee;

        (b) The department of fish and wildlife, represented by the director or the director's designee;

        (c) The department of ecology, represented by the director or the director's designee;

        (d) The department of natural resources, represented by the commissioner or the commissioner's designee;

        (e) The department of transportation, represented by the secretary or the secretary's designee; and

        (f) The Washington state noxious weed control board, appointed by the board.

        (2) The councilmembers may add members to the council as the councilmembers deem appropriate to accomplish its goals.

        (3) The council must invite one representative each from the United States department of agriculture, the United States fish and wildlife service, the United States environmental protection agency, and the United States coast guard to participate on the council in a nonvoting, ex officio capacity.

        (4) A representative of the office of the governor must convene the first meeting of the council and serve as chair until the council selects a chair. At the first meeting of the council, the council shall address issues including, but not limited to, voting methods, meeting schedules, and the need for and use of advisory and technical committees.

        NEW SECTION. Sec. 4. The council's goals are to:

        (1) Minimize the effects of harmful invasive species on Washington's citizens and ensure the economic and environmental well-being of the state;

        (2) Serve as a forum for identifying and understanding invasive species issues from all perspectives;

        (3) Serve as a forum to facilitate the communication, cooperation, and coordination of local, tribal, state, federal, private, and nongovernmental entities for the prevention, control, and management of nonnative invasive species;

        (4) Serve as an avenue for public outreach and for raising public awareness of invasive species issues;

        (5) Develop and implement a statewide invasive species strategic plan as described in this chapter;

        (6) Review the current funding mechanisms and levels for state agencies to manage noxious weeds on the lands under their authority;

        (7) Make recommendations for legislation necessary to carry out the purposes of this chapter;

        (8) Establish criteria for the prioritization of invasive species response actions and projects; and

        (9) Utilizing the process described in subsection (8) of this section, select at least one project per year from the strategic plan for coordinated action by the Washington invasive species councilmember entities.

        NEW SECTION. Sec. 5. (1) The council shall develop and periodically update a statewide strategic plan for addressing invasive species. The strategic plan should incorporate the reports and activities of the aquatic nuisance species committee, the biodiversity council, the state noxious weed control board, and other appropriate reports and activities.

        (2) The strategic plan must, at a minimum, address:

        (a) Statewide coordination and intergovernmental cooperation;

        (b) Prevention of new biological invasions through deliberate or unintentional introduction;

        (c) Inventory and monitoring of invasive species;

        (d) Early detection of and rapid response to new invasions;

        (e) Control, management, and eradication of established populations of invasive species;

        (f) Projects that can be implemented during the period covered by the strategic plan for the control, management, and eradication of new or established populations of invasive species;

        (g) Revegetation, reclamation, or restoration of native species following control or eradication of invasive species;

        (h) Research and public education;

        (i) Funding and resources available for invasive species prevention, control, and management; and

        (j) Recommendations for legislation necessary to carry out the purposes of this chapter.

        (3) The strategic plan must be updated at least once every three years following its initial development. The strategic plan must be submitted to the governor and appropriate committees of the legislature by September 15th of each applicable year. The council shall complete the initial strategic plan within two years of the effective date of this section.

        (4) Each state department and agency named to the council shall, consistent with state law, make best efforts to implement elements of the completed plan that are applicable to the department or agency.