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."

       Correct the title.

       Representative Orcutt spoke in favor of the adoption of the amendment to the committee amendment.

       Representative B. Sullivan spoke against the adoption of the amendment to the committee amendment.

       The amendment to the committee amendment was not adopted.

       The committee amendment was adopted.

{{35396}}       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

       Representatives B. Sullivan and Buck spoke in favor of passage of the bill.

       Representative Orcutt spoke against the passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5145, as amended by the House,.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5145, as amended by the House, and the bill passed the House by the following vote: Yeas - 68, Nays - 30, Absent - 0, Excused - 0.

       Voting yea: Representatives Anderson, Appleton, Buck, Campbell, Chase, Clibborn, Cody, Condotta, Conway, Darneille, Dickerson, Dunn, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roberts, Rodne, Santos, Schual-Berke, Sells, Shabro, Simpson, Skinner, Sommers, Springer, B. Sullivan, P. Sullivan, Tom, Wallace, Walsh, Williams, Wood, Woods, and Mr. Speaker - 68.

       Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Blake, Buri, Chandler, Clements, Cox, Crouse, Curtis, DeBolt, Dunshee, Ericksen, Hinkle, Holmquist, Kretz, Kristiansen, Newhouse, Nixon, Orcutt, Pearson, Roach, Schindler, Serben, Strow, Sump, Takko, Talcott, and Upthegrove - 30.

       SUBSTITUTE SENATE BILL NO. 5145, as amended by the House, having received the necessary constitutional majority, was declared passed.

{{35397}}       HOUSE CONCURRENT RESOLUTION NO. 4409, By Representatives Kagi and Chase

       Creating the homeowners' association act committee.

       The concurrent resolution was read the second time.

{{35398}}       There being no objection, the rules were suspended, the second reading considered the third and the concurrent resolution was placed on final passage.

       Representative Kagi spoke in favor of passage of the concurrent resolution.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Concurrent Resolution No. 4409.

       HOUSE CONCURRENT RESOLUTION NO. 4409 was adopted.

{{35399}}       SECOND SUBSTITUTE SENATE BILL NO. 5056, By Senate Committee on Ways & Means (originally sponsored by Senators Haugen, Swecker, Prentice, Kastama, Fairley, Honeyford, Zarelli, Hewitt, Berkey, Fraser, Thibaudeau, Jacobsen, McAuliffe, Rasmussen, Kline and Rockefeller)

       Creating the department of archaeology and historic preservation.

       The bill was read the second time.

{{35400}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Fromhold and Alexander spoke in favor of passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5056.

ROLL CALL

       The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5056 and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pearson, Pettigrew, Priest, Quall, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 93.

       Voting nay: Representatives Kretz, Orcutt, Roach, Sump and Talcott - 5.

       SECOND SUBSTITUTE SENATE BILL NO. 5056, having received the necessary constitutional majority, was declared passed.

{{35401}}       ENGROSSED SUBSTITUTE SENATE BILL NO. 5285, By Senate Committee on Water, Energy & Environment (originally sponsored by Senators Poulsen, Morton, Rockefeller, Honeyford, Kline, Mulliken and Oke)

       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.)

       The bill was read the second time.

{{35402}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Clibborn and Schindler spoke in favor of passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5285.

MOTION

       On motion of Representatives Clements, Representative Cox was excused.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5285 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Excused: Representative Cox - 1.

       ENGROSSED SUBSTITUTE SENATE BILL NO. 5285, having received the necessary constitutional majority, was declared passed.

{{35403}}       SENATE BILL NO. 5477, By Senators Kline, Brandland, Hargrove, Esser, Fairley, Kastama, Shin, Pridemore, Weinstein, Haugen, Berkey, Prentice and Rockefeller

       Revising sentencing procedures for exceptional sentences.

       The bill was read the second time.

       Representative Kagi moved the adoption of the following amendment (460):

        On page 2, line 7, after "evidence." insert:

        "While the legislature intends to bring the sentencing reform act into compliance as previously indicated, the legislature recognizes the need to restore the judicial discretion that has been limited as a result of the Blakely decision."

        On page 9, after line 2, insert:

        "NEW SECTION. Sec. 5. The Sentencing Guidelines Commission shall review the sentencing reform act as it relates to the sentencing grid, all provisions providing for exceptional sentences both above and below the standard sentencing ranges, and judicial discretion in sentencing. As part of its review, the Commission shall:

(a) study the relevant provisions of the sentencing reform act, including the provisions in this act;

(b) consider how to restore the judicial discretion which has been limited as a result of the Blakely decision;

(c) consider the use of advisory sentencing guidelines for all or any group of crimes;

(d) draft proposed legislation that seeks to address the limitations placed on judicial discretion in sentencing as a result of the Blakely decision; and

(e) determine the fiscal impact of any proposed legislation.

        The Commission shall submit its findings and proposed legislation to the legislature no later than December 1, 2005."

        Renumber the sections consecutively and correct any internal references accordingly.

       Representatives Kagi and Pearson spoke in favor of adoption of the amendment.

       The amendment was adopted.

{{35404}}       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

       Representatives O'Brien and Pearson spoke in favor of passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5477, as amended by the House.

ROLL CALL

       The Clerk called the roll on the final passage of Senate Bill No. 5477, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.

       Voting nay: Representative Haler - 1.

       Excused: Representative Cox - 1.

       SENATE BILL NO. 5477, as amended by the House, having received the necessary constitutional majority, was declared passed.

{{35405}}       SUBSTITUTE SENATE BILL NO. 5828, By Senate Committee on Early Learning, K-12 & Higher Education (originally sponsored by Senators Eide, McAuliffe and Kohl-Welles)

       Regarding digital or online learning.

       The bill was read the second time.

       On motion of Representative Quall, the committee amendment by the Committee on Education was before the House for purpose of amendments. (For committee amendment, see Journal, 82^nd Day, April 1, 2005.)

       Representative Talcott moved the adoption of amendment (463) to the committee amendment:

        Strike everything after the enacting clause and insert the following:

        "NEW SECTION. Sec. 1. A new section is added to chapter 28A.150 RCW to read as follows:

        The legislature finds that digital learning courses and programs can provide students with opportunities to study subjects that may not otherwise be available within the students' schools, school districts, or communities. These courses can also meet the instructional needs of students who have scheduling conflicts, students who learn best from technology-based instructional methods, and students who have a need to enroll in schools on a part-time basis. Digital learning courses can also meet the needs of students and families seeking nontraditional learning environments. The legislature further finds that the state rules used by school districts to support some digital learning courses were adopted before these types of courses were created, so the rules are not well-suited to the funding and delivery of digital instruction. It is the intent of the legislature to clarify the funding and delivery requirements for digital learning courses.

        NEW SECTION. Sec. 2. A new section is added to chapter 28A.150 RCW to read as follows:

        Under RCW 28A.150.260, the superintendent of public instruction shall revise the definition of a full-time equivalent student to include students who receive instruction through digital programs. "Digital programs" means electronically delivered learning that occurs primarily away from the classroom. The superintendent of public instruction has the authority to adopt rules to implement the revised definition beginning with the 2005-2007 biennium for school districts claiming state funding for the programs. The rules shall include but not be limited to the following:

        (1) Defining a full-time equivalent student under RCW 28A.150.260 or part-time student under RCW 28A.150.350 based upon the district's estimated average weekly hours of learning activity as identified in the student's learning plan, as long as the student is found, through monthly evaluation, to be making satisfactory progress; the rules shall require districts providing programs under this section to nonresident students to establish procedures that address, at a minimum, the coordination of student counting for state funding so that no student is counted for more than one full-time equivalent in the aggregate;

        (2) Requiring the board of directors of a school district offering, or contracting under RCW 28A.150.305 to offer, a digital program to adopt and annually review written policies for each program and program provider and to receive an annual report on its digital learning programs from its staff;

        (3) Requiring each school district offering or contracting to offer a digital program to report annually to the superintendent of public instruction on the types of programs and course offerings, and number of students participating;

        (4) Requiring completion of a program self-evaluation;

        (5) Requiring documentation of the district of the student's physical residence;

        (6) Requiring that supervision, monitoring, assessment, and evaluation of the digital program be provided by certificated instructional staff;

        (7) Requiring each school district offering courses or programs to identify the ratio of certificated instructional staff to full-time equivalent students enrolled in such courses or programs, and to include a description of their ratio as part of the reports required under subsections (2) and (3) of this section;

        (8) Requiring reliable methods to verify a student is doing his or her own work; the methods may include proctored examinations or projects, including the use of web cams or other technologies. "Proctored" means directly monitored by an adult authorized by the school district;

        (9) Requiring, for each student receiving instruction in a digital program, a learning plan that includes a description of course objectives and information on the requirements a student must meet to successfully complete the program or courses. The rules shall allow course syllabi and other additional information to be used to meet the requirement for a learning plan;

        (10) Requiring that the district assess the educational progress of enrolled students at least annually, using, for full-time students, the state assessment for the student's grade level and using any other annual assessments required by the school district. Part-time students shall also be assessed at least annually. However, part-time students who are either receiving home-based instruction under chapter 28A.200 RCW or who are enrolled in an approved private school under chapter 28A.195 RCW are not required to participate in the assessments required under chapter 28A.655 RCW. The rules shall address how students who reside outside the geographic service area of the school district are to be assessed;

        (11) Requiring that each student enrolled in the program have direct personal contact with certificated instructional staff at least weekly until the student completes the course objectives or the requirements in the learning plan. Direct personal contact is for the purposes of instruction, review of assignments, testing, evaluation of student progress, or other learning activities. Direct personal contact may include the use of telephone, e-mail, instant messaging, interactive video communication, or other means of digital communication;

        (12) Requiring state-funded public schools or public school programs whose primary purpose is to provide digital learning programs to receive accreditation through the state accreditation program or through the regional accreditation program;

        (13) Requiring state-funded public schools or public school programs whose primary purpose is to provide digital learning to provide information to students and parents on whether or not the courses or programs: Cover one or more of the school district's learning goals or of the state's essential academic learning requirements or whether they permit the student to meet one or more of the state's or district's graduation requirements; and

        (14) Requiring that a school district that provides one or more digital courses to a student provide the parent or guardian of the student, prior to the student's enrollment, with a description of any difference between home-based education as described in chapter 28A.200 RCW and the enrollment option selected by the student. The parent or guardian shall sign documentation attesting to his or her understanding of the difference and the documentation shall be retained by the district and made available for audit."

        Correct the title.

       Representative Talcott and Quall spoke in favor of the adoption of the amendment to the committee amendment.

       The amendment to the committee amendment was adopted.

       The committee amendment as amended was adopted.

{{35406}}       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

       Representatives Talcott, Hunter, Priest and Miloscia spoke in favor of passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5828, as amended by the House.

ROLL CALL

       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5828, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.

       Excused: Representative Cox - 1.

       SUBSTITUTE SENATE BILL NO. 5828, as amended by the House, having received the necessary constitutional majority, was declared passed.

{{35407}}       SENATE JOINT MEMORIAL NO. 8014, By Senators Thibaudeau, Jacobsen, Fairley, Brown, Prentice, McAuliffe, Regala, Rockefeller, Fraser, Rasmussen, Weinstein, Kline, Keiser and Kohl-Welles

       Requesting that the privatization of social security be rejected.

       The joint memorial was read the second time.

{{35408}}       There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on final passage.

       Representative Kagi spoke in favor of passage of the joint memorial.

       Representative Hinkle spoke against the passage of the joint memorial.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Joint Memorial No. 8014.

ROLL CALL

       The Clerk called the roll on the final passage of Senate Joint Memorial No. 8014 and the joint memorial passed the House by the following vote: Yeas - 56, Nays - 41, Absent - 0, Excused - 1.

       Voting yea: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 56.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 41.

       Excused: Representative Cox - 1.

       SENATE JOINT MEMORIAL NO. 8014, having received the necessary constitutional majority, was declared passed.

{{35409}}       ENGROSSED SENATE BILL NO. 5423, By Senators Haugen and Swecker

       Authorizing creation of thematic collections of special plates. (REVISED FOR ENGROSSED: Regulating special license plates.)

       The bill was read the second time.

       On motion of Representative Wallace, the committee amendment by the Committee on Transportation was before the House for purpose of amendments. (For committee amendment, see Journal, 82^nd Day, April 1, 2005.)

       Representative Ericksen moved the adoption of amendment (464) to the committee amendment:

        Beginning on page 1, line 3 of the committee amendment, strike the remainder of the amendment and insert the following:

        "NEW SECTION. Sec. 1. A new section is added to chapter 46.16 RCW to read as follows:

        (1) The following special license plate series created by the legislature may be personalized: (a) RCW 46.16.301 as currently law; (b) RCW 46.16.301(1) (a), (b), or (c), as it existed before amendment by section 5, chapter 291, Laws of 1997; (c) RCW 46.16.305, except those plates issued under RCW 46.16.305 (1) and (2); (d) RCW 46.16.324; (e) RCW 46.16.385; or (f) RCW 46.16.745.

        (2) Personalized special plates issued under this section may be personalized only by using numbers or letters, or any combination thereof not exceeding seven positions, and not less than one position, to the extent that there are no conflicts with existing license plate series. A personalized special license plate is subject to the same requirements as personalized license plates listed in RCW 46.16.575, 46.16.580, 46.16.590, 46.16.595, and 46.16.600.

        (3) In addition to any other fees and taxes due at the time of registration, applicants for a personalized special license plate must pay both the fees to purchase and renew a special plate as set out in the statute creating the special plate and the personalized plate as required in RCW 46.16.585 and 46.16.606. The special plate fee must be distributed in accordance with the requirements set out in the statute creating the special plate. The personalized plate fee must be distributed under RCW 46.16.605 and 46.16.606. The transfer of personalized special plates is to be administered under RCW 46.16.316.

        Sec. 2. RCW 46.16.233 and 2003 c 361 s 501 and 2003 c 196 s 401 are each reenacted and amended to read as follows:

        (1) Except for those license plates issued under RCW 46.16.305(1) before January 1, 1987, under RCW 46.16.305(3), and to commercial vehicles with a gross weight in excess of twenty-six thousand pounds, effective with vehicle registrations due or to become due on January 1, 2001, the appearance of the background of all vehicle license plates may vary in color and design but must be legible and clearly identifiable as a Washington state license plate, as designated by the department. Additionally, to ensure maximum legibility and reflectivity, the department shall periodically provide for the replacement of license plates, except for commercial vehicles with a gross weight in excess of twenty-six thousand pounds. Frequency of replacement shall be established in accordance with empirical studies documenting the longevity of the reflective materials used to make license plates.

        (2) Special license plate series approved by the ((special license plate review board created under RCW 46.16.705)) department and enacted by the legislature may display a symbol or artwork approved by the ((special license plate review board)) department.

        (3) By November 1, 2003, in providing for the periodic replacement of license plates, the department shall offer to vehicle owners the option of retaining their current license plate numbers. The department shall charge a retention fee of twenty dollars if this option is exercised. Revenue generated from the retention fee must be deposited into the multimodal transportation account.

        Sec. 3. RCW 46.16.316 and 2004 c 223 s 4, 2004 c 221 s 5, 2004 c 48 s 5, and 2004 c 35 s 5 are each reenacted and amended to read as follows:

        Except as provided in RCW 46.16.305:

        (1) When a person who has been issued a special license plate or plates: (a) Under RCW 46.16.30901, 46.16.30903, 46.16.30905, or 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997, or under RCW 46.16.305(2) or 46.16.324; ((or)) (b) approved by the ((special license plate review board)) department under RCW 46.16.715 through 46.16.775; or (c) under section 1 of this act sells, trades, or otherwise transfers or releases ownership of the vehicle upon which the special license plate or plates have been displayed, he or she shall immediately report the transfer of such plate or plates to an acquired vehicle or vehicle eligible for such plates pursuant to departmental rule, or he or she shall surrender such plates to the department immediately if such surrender is required by departmental rule. If a person applies for a transfer of the plate or plates to another eligible vehicle, a transfer fee of ten dollars shall be charged in addition to all other applicable fees. Such transfer fees shall be deposited in the motor vehicle fund. Failure to surrender the plates when required is a traffic infraction.

        (2) If the special license plate or plates issued by the department become lost, defaced, damaged, or destroyed, application for a replacement special license plate or plates shall be made and fees paid as provided by law for the replacement of regular license plates.

        Sec. 4. RCW 46.16.385 and 2004 c 222 s 1 are each amended to read as follows:

        (1) The department shall design and issue disabled parking emblem versions of special license plates issued under (a) RCW 46.16.301; (b) RCW 46.16.305, except those plates issued under RCW 46.16.305 (1) and (2); (c) RCW 46.16.324; (d) RCW 46.16.745; (e) RCW 73.04.110; (f) RCW 73.04.115; ((or)) (g) RCW 46.16.301(1) (a), (b), or (c), as it existed before amendment by section 5, chapter 291, Laws of 1997; (h) RCW 46.16.565; or (i) plates issued under section 1 of this act. The disabled parking emblem version of the special plate must display the universal symbol of access that may be used in lieu of the parking placard issued to persons who qualify for special parking privileges under RCW 46.16.381. The department may not charge an additional fee for the issuance of the special disabled parking emblem license plate, except the regular motor vehicle registration fee, the fee associated with the particular special plate, and any other fees and taxes required to be paid upon registration of a motor vehicle. The emblem must be incorporated into the design of the special license plate in a manner to be determined by the department, and under existing vehicular licensing procedures and existing laws.

        (2) Persons who qualify for special parking privileges under RCW 46.16.381, and who have applied and paid the appropriate fee for any of the special license plates listed in subsection (1) of this section, are entitled to receive from the department a special disabled parking emblem license plate. The special disabled parking emblem license plate may be used for one vehicle registered in the disabled person's name. Persons who have been issued the parking privileges or who are using a vehicle displaying the special disabled parking emblem license plate may park in places reserved for mobility disabled persons.

        (3) The special disabled parking emblem license plate must be administered in the same manner as the plates issued under RCW 46.16.381.

        (4) The department shall adopt rules to implement this section.

        Sec. 5. RCW 46.16.570 and 1986 c 108 s 1 are each amended to read as follows:

        Except for personalized plates issued under section 1 of this act, the personalized license plates shall be the same design as regular license plates, and shall consist of numbers or letters, or any combination thereof not exceeding seven positions unless proposed by the department and approved by the Washington state patrol and not less than one position, to the extent that there are no conflicts with existing passenger, commercial, trailer, motorcycle, or special license plates series or with the provisions of RCW 46.16.230 or 46.16.235: PROVIDED, That the maximum number of positions on personalized license plates for motorcycles shall be designated by the department.

        Sec. 6. RCW 46.16.600 and 1979 c 158 s 143 are each amended to read as follows:

        (1) The director of licensing may establish such rules and regulations as may be necessary to carry out the purposes of RCW 46.16.560 through 46.16.595.

        (2) The department shall adopt a rule limiting the ability of organizations and governmental entities to apply for more than one license plate series.

        Sec. 7. RCW 46.16.690 and 2003 c 361 s 502 are each amended to read as follows:

        The department shall offer license plate design services to organizations that are sponsoring a new special license plate series or are seeking to redesign the appearance of an existing special license plate series that they sponsored. In providing this service, the department must work with the requesting organization in determining the specific qualities of the new plate design and must provide full design services to the organization. The department shall collect from the requesting organization a fee of ((one thousand five)) two hundred dollars for providing license plate design services. This fee includes one original license plate design and up to five additional renditions of the original design. If the organization requests the department to provide further renditions, in addition to the five renditions provided for under the original fee, the department shall collect an additional fee of ((five)) one hundred dollars per rendition. All revenue collected under this section must be deposited into the multimodal transportation account.

        Sec. 8. RCW 46.16.725 and 2003 c 196 s 103 are each amended to read as follows:

        (1) ((The creation of the board does not in any way preclude the authority of the legislature to independently propose and enact special license plate legislation.

        (2))) The ((board)) department must review and either approve or reject special license plate applications submitted by sponsoring organizations. In reviewing special license plate applications, the department shall:

        (((3) Duties of the board include but are not limited to the following:))

        (a) Review and approve the annual financial reports submitted by sponsoring organizations with active special license plate series and present those annual financial reports to the legislative transportation committee;

        (b) Report annually to the legislative transportation committee on the special license plate applications that were considered by the ((board)) department;

        (c) Issue approval and rejection notification letters to sponsoring organizations, ((the department,)) the chairs of the senate and house of representatives transportation committees, and the legislative sponsors identified in each application. The letters must be issued within seven days of making a determination on the status of an application;

        (d) Review annually the number of plates sold for each special license plate series created after January 1, 2003. The ((board)) department may submit a recommendation to discontinue a special plate series to the chairs of the senate and house of representatives transportation committees;

        (e) Adopt rules necessary to limit the number of special license plates that an organization or a governmental entity may apply for.

        (2) In order to assess the effects and impact of the proliferation of special license plates, the legislature declares a temporary moratorium on the issuance of any additional plates until June 1, 2007. During this period of time, the department of licensing is prohibited from accepting, reviewing, processing, or approving any applications. Additionally, no special license plate may be enacted by the legislature during the moratorium, unless the proposed license plate has been approved by the special license plate review board before February 15, 2005.

        Sec. 9. RCW 46.16.745 and 2003 c 196 s 301 are each amended to read as follows:

        (1) A sponsoring organization meeting the requirements of RCW 46.16.735, applying for the creation of a special license plate to the ((special license plate review board)) department must, on an application supplied by the department, provide the minimum application requirements in subsection (2) of this section. ((If the sponsoring organization cannot meet the payment requirements of subsection (2) of this section, then the organization must meet the requirements of subsection (3) of this section.))

        (2) The sponsoring organization shall:

        (a) Submit prepayment of all start-up costs associated with the creation and implementation of the special license plate in an amount determined by the department. The department shall place this money into the special license plate applicant trust account created under RCW 46.16.755(((3))) (4);

        (b) Provide a proposed license plate design;

        (c) Provide a marketing strategy outlining short and long-term marketing plans for ((the)) each special license plate and a financial analysis outlining the anticipated revenue and the planned expenditures of the revenues derived from the sale of the special license plate;

        (d) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate; ((and))

        (e) Provide proof of organizational qualifications as determined by the department as provided for in RCW 46.16.735;

        (f) Provide signature sheets that include signatures from individuals who intend to purchase the special license plate and the number of plates each individual intends to purchase. The sheets must reflect a minimum of three thousand five hundred intended purchases of the special license plate.

        (3) ((If the sponsoring organization is not able to meet the payment requirements of subsection (2)(a) of this section and can demonstrate this fact to the satisfaction of the department, the sponsoring organization shall:

        (a) Submit an application and nonrefundable fee of two thousand dollars, for deposit in the motor vehicle account, to the department;

        (b) Provide signature sheets that include signatures from individuals who intend to purchase the special license plate and the number of plates each individual intends to purchase. The sheets must reflect a minimum of two thousand intended purchases of the special license plate;

        (c) Provide a proposed license plate design;

        (d) Provide a marketing strategy outlining short and long-term marketing plans for the special license plate and a financial analysis outlining the anticipated revenue and the planned expenditures of the revenues derived from the sale of the special license plate;

        (e) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate; and

        (f) Provide proof of organizational qualifications as determined by the department as provided in RCW 46.16.735.

        (4))) After an application is approved by the ((special license plate review board)) department, the application need not be reviewed again by the ((board)) department for a period of three years.

        Sec. 10. RCW 46.16.755 and 2004 c 222 s 4 are each amended to read as follows:

        (1)(a) Revenues generated from the sale of special license plates for those sponsoring organizations who used the application process in RCW 46.16.745(3) must be deposited into the motor vehicle account until the department determines that the state's implementation costs have been fully reimbursed. The department shall apply the application fee required under RCW 46.16.745(3)(a) towards those costs.

        (b) When it is determined that the state has been fully reimbursed the department must notify the house of representatives and senate transportation committees, the sponsoring organization, and the treasurer, and commence the distribution of the revenue as otherwise provided by law.

        (2) If reimbursement does not occur within two years from the date the plate is first offered for sale to the public, the special license plate series must be placed in probationary status for a period of one year from that date. If the state is still not fully reimbursed for its implementation costs after the one-year probation, the plate series must be discontinued immediately. Special plates issued before discontinuation are valid until replaced under RCW 46.16.233.

        (3) The special license plate applicant trust account is created in the custody of the state treasurer. All receipts from special license plate applicants, except the application fee as provided in RCW 46.16.745(3), must be deposited into the account. Only the director of the department or the director's designee may authorize disbursements from the account. The account is not subject to the allotment procedures under chapter 43.88 RCW, nor is an appropriation required for disbursements.

        (4) The department shall provide the special license plate applicant with a written receipt for the payment.

        (5) The department shall maintain a record of each special license plate applicant trust account deposit, including, but not limited to, the name and address of each special license plate applicant whose funds are being deposited, the amount paid, and the date of the deposit.

        (6) After the department receives written notice that the special license plate applicant's application has been:

        (a) Approved by the legislature the director shall request that the money be transferred to the motor vehicle account;

        (b) Denied by the ((special license plate review board)) department or the legislature the director shall provide a refund to the applicant within thirty days; or

        (c) Withdrawn by the special license plate applicant the director shall provide a refund to the applicant within thirty days.

        Sec. 11. RCW 46.16.775 and 2003 c 196 s 304 are each amended to read as follows:

        (1) A special license plate series created by the legislature after January 1, 2004, that has not been reviewed and approved by the special license plate review board or the department is subject to the following requirements:

        (a) The organization sponsoring the license plate series shall, within thirty days of enactment of the legislation creating the plate series, submit prepayment of all start-up costs associated with the creation and implementation of the special license plate in an amount determined by the department. The prepayment will be credited to the motor vehicle fund. The creation and implementation of the plate series may not commence until payment is received by the department.

        (b) If the sponsoring organization is not able to meet the prepayment requirements in (a) of this subsection and can demonstrate this fact to the satisfaction of the department, the revenues generated from the sale of the special license plates must be deposited in the motor vehicle account until the department determines that the state's portion of the implementation costs have been fully reimbursed. When it is determined that the state has been fully reimbursed the department must notify the treasurer to commence distribution of the revenue according to statutory provisions.

        (c) The sponsoring organization must provide a proposed license plate design to the department within thirty days of enactment of the legislation creating the plate series.

        (2) The state must be reimbursed for its portion of the implementation costs within two years from the date the new plate series goes on sale to the public. If the reimbursement does not occur within the two-year time frame, the special license plate series must be placed in probationary status for a period of one year from that date. If the state is still not fully reimbursed for its implementation costs after the one-year probation, the plate series must be discontinued immediately. Those plates issued before discontinuation are valid until replaced under RCW 46.16.233.

        (3) If the sponsoring organization ceases to exist or the purpose of the special plate series ceases to exist, revenues generated from the sale of the special license plates must be deposited into the motor vehicle account.

        (4) A sponsoring organization may not seek to redesign their plate series until all of the existing inventory is sold or purchased by the organization itself. All cost for redesign of a plate series must be paid by the sponsoring organization.

        NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

        (1) RCW 46.16.705 (Special license plate review board--Created) and 2003 c 196 s 101; and

        (2) RCW 46.16.715 (Board--Administration) and 2003 c 196 s 102.

        NEW SECTION. Sec. 13. Section 1 of this act takes effect March 1, 2007."

        Correct the title.

       Representative Ericksen spoke in favor of the adoption of the amendment to the committee amendment.

       Representative Wallace spoke against the adoption of the amendment to the committee amendment.

       The amendment to the committee amendment was not adopted.

       The committee amendment was adopted.

{{35410}}       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

       Representative Wallace spoke in favor of passage of the bill.

       Representative Ericksen spoke against the passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5423, as amended by the House.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5423, as amended by the House, and the bill passed the House by the following vote: Yeas - 63, Nays - 34, Absent - 0, Excused - 1.

       Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Orcutt, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 63.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Kristiansen, McCune, McDonald, Newhouse, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump and Talcott - 34.

       Excused: Representative Cox - 1.

       ENGROSSED SENATE BILL NO. 5423, as amended by the House, having received the necessary constitutional majority, was declared passed.

{{35411}}       ENGROSSED SENATE BILL NO. 5513, By Senators Haugen, Shin, Kohl-Welles, Rasmussen, Fairley and Prentice

       Restructuring certain transportation agencies.

       The bill was read the second time.

       On motion of Representative Murray, the committee amendment by the Committee on Transportation was adopted. (For committee amendment, see Journal, 85^th Day, April 4, 2005.)

{{35412}}       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

       Representatives Murray, Woods, Kessler, Buck, Campbell and Hankins spoke in favor of passage of the bill.

       Representative Ericksen spoke against the passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5513, as amended by the House.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5513, as amended by the House, and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Woods and Mr. Speaker - 92.

       Voting nay: Representatives Buri, Ericksen, Kristiansen, Ormsby and Wood - 5.

       Excused: Representative Cox - 1.

       ENGROSSED SENATE BILL NO. 5513, as amended by the House, having received the necessary constitutional majority, was declared passed.

SIGNED BY THE SPEAKER

       The Speaker signed:

HOUSE BILL NO. 1032,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1079,

HOUSE BILL NO. 1092,

HOUSE BILL NO. 1112,

SUBSTITUTE HOUSE BILL NO. 1117,

HOUSE BILL NO. 1125,

HOUSE BILL NO. 1138,

HOUSE BILL NO. 1161,

SUBSTITUTE HOUSE BILL NO. 1196,

HOUSE BILL NO. 1202,

HOUSE BILL NO. 1232,

HOUSE BILL NO. 1262,

HOUSE BILL NO. 1286,

HOUSE BILL NO. 1356,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1401,

HOUSE BILL NO. 1405,

HOUSE BILL NO. 1407,

HOUSE BILL NO. 1409,

SUBSTITUTE HOUSE BILL NO. 1491,

SECOND SUBSTITUTE HOUSE BILL NO. 1542,

HOUSE BILL NO. 1621,

HOUSE BILL NO. 1625,

HOUSE BILL NO. 1695,

SUBSTITUTE HOUSE BILL NO. 1747,

SUBSTITUTE HOUSE BILL NO. 1806,

HOUSE BILL NO. 1832,

SUBSTITUTE HOUSE BILL NO. 1918,

SUBSTITUTE HOUSE BILL NO. 1945,

HOUSE BILL NO. 1958,

HOUSE BILL NO. 2028,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5002,

SENATE BILL NO. 5006,

SENATE BILL NO. 5044,

ENGROSSED SENATE BILL NO. 5045,

SENATE BILL NO. 5046,

SENATE BILL NO. 5053,

SUBSTITUTE SENATE BILL NO. 5065,

ENGROSSED SENATE BILL NO. 5087,

SUBSTITUTE SENATE BILL NO. 5092,

SUBSTITUTE SENATE BILL NO. 5105,

SENATE BILL NO. 5136,

SENATE BILL NO. 5142,

SUBSTITUTE SENATE BILL NO. 5146,

SECOND SUBSTITUTE SENATE BILL NO. 5154,

SUBSTITUTE SENATE BILL NO. 5161,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5173,

SENATE BILL NO. 5175,

SUBSTITUTE SENATE BILL NO. 5176,

SENATE BILL NO. 5180,

SENATE BILL NO. 5181,

ENGROSSED SENATE BILL NO. 5194,

SUBSTITUTE SENATE BILL NO. 5207,

SENATE BILL NO. 5267,

SUBSTITUTE SENATE BILL NO. 5289,

SUBSTITUTE SENATE BILL NO. 5317,

ENGROSSED SENATE BILL NO. 5332,

SENATE BILL NO. 5354,

SENATE BILL NO. 5453,

SUBSTITUTE SENATE BILL NO. 5471,

SUBSTITUTE SENATE BILL NO. 5479,

SUBSTITUTE SENATE BILL NO. 5497,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5506,

SENATE BILL NO. 5563,

SUBSTITUTE SENATE BILL NO. 5584,

SENATE BILL NO. 5589,

SUBSTITUTE SENATE BILL NO. 5676,

SENATE BILL NO. 5701,

SUBSTITUTE SENATE BILL NO. 5709,

SENATE BILL NO. 5713,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5736,

SUBSTITUTE SENATE BILL NO. 5765,

SUBSTITUTE SENATE BILL NO. 5775,

SENATE BILL NO. 5809,

SENATE BILL NO. 5831,

SUBSTITUTE SENATE BILL NO. 5832,

SENATE BILL NO. 5833,

SENATE BILL NO. 5857,

SUBSTITUTE SENATE BILL NO. 5862,

SENATE BILL NO. 5869,

ENGROSSED SENATE BILL NO. 5966,

SUBSTITUTE SENATE BILL NO. 5969,

SENATE BILL NO. 5974,

SENATE BILL NO. 5977,

POINT OF PERSONAL PRIVILEGE

       Representative Hankins: "Mr. Speaker, today we have had placed upon our desks a copy of the Washington State Legislative History and I wanted to commend the Chief Clerk for that purchase and for us having the opportunity to learn about the history of our state and the legislative body. I think they will find it somewhat entertaining. Thank you."

POINT OF PERSONAL PRIVILEGE

       Representative Strow: "Thank you, Mr. Speaker. I would like to echo the gentle lady's comments. I would like to very specifically ask the body to take a very close look at the era surrounding 1963 and 1964."

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

       There being no objection, the House adjourned until 10:00 a.m., April 13, 2005, the 94th Day of the Regular Session.

FRANK CHOPP, Speaker

RICHARD NAFZIGER, Chief Clerk