ONE-HUNDRED FOURTH DAY

MORNING SESSION

Senate Chamber, Olympia, Saturday, April 23, 2005

      The Senate was called to order at 9:30 a.m. by the President Pro Tempore.

MOTION

At 9:33 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 10:16 a.m. by President Owen.

      The Secretary called the roll and announced to the President that all Senators were present except Senators Benson, Doumit, Eide, Haugen and Prentice.

      The Sergeant at Arms Color Guard consisting of Pages Russell Miller and Haley Bentler, presented the Colors. Pastor Carol Johnson Sorenson of First United Methodist Church of Olympia offered the prayer.

MOTION

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

MOTION

      On motion of Senator Rockefeller, the Senate advanced to the third order of business.

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

April 5, 2005

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

LYLE QUASIM, appointed April 5, 2005, for the term ending April 3, 2009, as Member of the State Board for Community and Technical Colleges.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Early Learning, K-12 & Higher Education.

MOTION

On motion of Senator Rockefeller, the appointee listed on the Gubernatorial Appointment report was referred to the committee as designated.

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

MOTION

      Senator Kohl-Welles, moved that Gubernatorial Reappointment No. 9048, Thomas E. Egan, as Chair of the Board of Industrial Insurance Appeals, be confirmed.

      Senator Kohl-Welles spoke in favor of the motion.

REAPPOINTMENT OF THOMAS E. EGAN

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9048, Thomas E. Egan as Chair of the Board of Industrial Insurance Appeals.

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9048, Thomas E. Egan as Chair of the Board of Industrial Insurance Appeals and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 5; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senators Benson, Doumit, Eide, Haugen and Prentice - 5

Gubernatorial Reappointment No. 9048, Thomas E. Egan, having received the constitutional majority was declared confirmed as Chair of the Board of Industrial Insurance Appeals.

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

MOTION

      Senator Keiser, moved that Gubernatorial Reappointment No. 9092, Lawrence Kenney, as a member of the Executive Board of the Washington Public Power Supply System, (Energy Northwest), be confirmed.

      Senators Keiser, Sheldon, Jacobsen, Kline and Thibaudeau spoke in favor of the motion.

REAPPOINTMENT OF LAWRENCE KENNY

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9092, Lawrence Kenney as a member of the Executive Board of the Washington Public Power Supply System, (Energy Northwest).

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9092, Lawrence Kenney as a member of the Executive Board of the Washington Public Power Supply System, (Energy Northwest) and the appointment was confirmed by the following vote: Yeas, 43; Nays, 1; Absent, 5; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 43

      Voting nay: Senator Morton - 1

      Absent: Senators Benson, Doumit, Eide, Haugen and Prentice - 5

Gubernatorial Reappointment No. 9092, Lawrence Kenney, having received the constitutional majority was declared confirmed as a member of the Executive Board of the Washington Public Power Supply System, (Energy Northwest).

MOTIONS

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

On motion of Senator Hewitt, Senator Benson was excused.

MESSAGE FROM THE HOUSE

April 22, 2005

MR. PRESIDENT:

      The House had adopted the report of Conference Committee on SECOND SUBSTITUTE SENATE BILL NO. 5370, and has passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

      The House has passed the following bill{s}:

      SENATE BILL NO. 6069,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

April 22, 2005

MR. PRESIDENT: 

      The House had adopted the report of Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1903, and has passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

April 23, 2005

MR. PRESIDENT:

The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:

      SUBSTITUTE HOUSE BILL NO. 1591,

      SUBSTITUTE HOUSE BILL NO. 1606,

      SUBSTITUTE HOUSE BILL NO. 1708,

      SUBSTITUTE HOUSE BILL NO. 1893,

      SUBSTITUTE HOUSE BILL NO. 2124,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

      The President signed:

      SECOND SUBSTITUTE SENATE BILL NO. 5370

SIGNED BY THE PRESIDENT

      The President signed:

      ENGROSSED SENATE BILL NO. 6096

MESSAGE FROM THE HOUSE

April 22, 2005

MR. PRESIDENT:

      Under suspension of rules SUBSTITUTE SENATE BILL NO. 5610, was returned to second reading for purpose of an amendment{s}, and passed the House as amended by the House.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 77.85.005 and 1999 sp.s. c 13 s 1 are each amended to read as follows:

      The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to begin activities required for the recovery of salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.

      The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government, and that the state may best accomplish this objective by integrating local and regional recovery activities into a statewide ((plan)) strategy that can make the most effective use of provisions of federal laws allowing for a state lead in salmon recovery, delivered through implementation activities consistent with regional and watershed recovery plans. The legislature also finds that a statewide salmon recovery ((plan)) strategy must be developed and implemented through an active public involvement process in order to ensure public participation in, and support for, salmon recovery. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks. A strong watershed-based locally implemented plan is essential for local, regional, and statewide salmon recovery.

      The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.

      The legislature further finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It is important to monitor salmon habitat projects and salmon recovery activities to determine their effectiveness in order to secure federal acceptance of the state's approach to salmon recovery. Adaptive management cannot exist without monitoring. For these reasons, the legislature believes that a coordinated and integrated monitoring ((process)) system should be developed and implemented.

      The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science panel is needed to provide scientific review and oversight; a coordinated state funding process should be established through a salmon recovery funding board; the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat projects to be funded by state agencies; habitat projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.

      Sec. 2. RCW 77.85.010 and 2002 c 210 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) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

      (2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.

      (3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 77.85.060(2). Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project maintenance and monitoring activities.

      (4) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

      (5) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

      (6) "Project sponsor" is a county, city, special district, tribal government, state agency, a combination of such governments through interlocal or interagency agreements, a nonprofit organization, regional fisheries enhancement group, or one or more private citizens. A project sponsored by a state agency may be funded by the board only if it is included on the habitat project list submitted by the lead entity for that area and the state agency has a local partner that would otherwise qualify as a project sponsor.

      (7) "Regional recovery organization" or "regional salmon recovery organization" means an entity formed under RCW 77.85.090 for the purpose of recovering salmon, which is recognized in statute or by the salmon recovery office.

      (8) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

      (((8))) (9) "Salmon recovery plan" means a state or regional plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

      (((9))) (10) "Salmon recovery region" means geographic areas of the state identified or formed under RCW 77.85.090 that encompass groups of watersheds in the state with common stocks of salmon identified for recovery activities, and that generally are consistent with the geographic areas within the state identified by the national oceanic and atmospheric administration or the United States fish and wildlife service for activities under the federal endangered species act.

      (11) "Salmon recovery strategy" means the strategy adopted under RCW 77.85.150 and includes the compilation of all subbasin and regional salmon recovery plans developed in response to a proposed or actual listing under the federal endangered species act with state hatchery, harvest, and hydropower plans compiled in accordance with RCW 77.85.150.

      (12) "Tribe" or "tribes" means federally recognized Indian tribes.

      (((10))) (13) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

      (((11))) (14) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.

      Sec. 3. RCW 77.85.020 and 1998 c 246 s 4 are each amended to read as follows:

      ((Beginning in)) (1) By December ((2000)) 1, 2006, the governor shall submit a ((biennial state of the salmon)) report to the legislature ((during the first week of December)) regarding the implementation of the state's salmon recovery strategy. The report may include the following:

      (((1))) (a) A description of the amount of in-kind and financial contributions, including volunteer, private, and state, federal, tribal as available, and local government money directly spent on salmon recovery in response to actual, proposed, or expected endangered species act listings;

      (((2))) (b) A summary of habitat projects including but not limited to:

      (((a))) (i) A summary of accomplishments in removing barriers to salmon passage and an identification of existing barriers;

      (((b))) (ii) A summary of salmon restoration efforts undertaken in the past two years;

      (((c))) (iii) A summary of the role which private volunteer initiatives contribute in salmon habitat restoration efforts; and

      (((d))) (iv) A summary of efforts taken to protect salmon habitat;

      (((3))) (c) A summary of collaborative efforts undertaken with adjoining states or Canada;

      (((4))) (d) A summary of harvest and hatchery management activities affecting salmon recovery;

      (((5))) (e) A summary of information regarding impediments to successful salmon recovery efforts;

      (((6))) (f) A summary of the number and types of violations of existing laws pertaining to: (((a))) (i) Water quality; and (((b))) (ii) salmon. The summary shall include information about the types of sanctions imposed for these violations;

      (((7))) (g) Information on the estimated carrying capacity of new habitat created pursuant to chapter 246, Laws of 1998; and

      (((8))) (h) Recommendations to the legislature that would further the success of salmon recovery. The recommendations may include:

      (((a))) (i) The need to expand or improve nonregulatory programs and activities; ((and

      (b))) (ii) The need to expand or improve state and local laws and regulations; and

      (iii) Recommendations for state funding assistance to recovery activities and projects.

      (2) The report shall summarize the monitoring data coordinated by the monitoring forum. The summary must include but is not limited to data and analysis related to:

      (a) Measures of progress in fish recovery;

      (b) Measures of factors limiting recovery as well as trends in such factors; and

      (c) The status of implementation of projects and activities.

      Sec. 4. RCW 77.85.030 and 2000 c 107 s 93 are each amended to read as follows:

      (1) The salmon recovery office is created within the office of the governor to coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. The primary purpose of the office is to coordinate and assist in the development of regional salmon recovery plans ((for evolutionarily significant units, and submit those plans to the appropriate tribal governments and federal agencies)) as an integral part of a statewide strategy developed consistent with the guiding principles and procedures under RCW 77.85.150. The governor's salmon recovery office ((may also:

      (a))) shall gather regional recovery plans from regional recovery organizations and submit the plans to the federal fish services for adoption as federal recovery plans. The governor's salmon recovery office may also:

      (a) Assist state agencies, local governments, landowners, and other interested parties in obtaining federal assurances that plans, programs, or activities are consistent with fish recovery under the federal endangered species act;

      (b) Act as liaison to local governments, the state congressional delegation, the United States congress, federally recognized tribes, and the federal executive branch agencies for issues related to the state's ((endangered species act)) salmon recovery plans; and

      (((b))) (c) Provide ((the biennial state of the salmon report to the legislature)) periodic reports pursuant to RCW 77.85.020.

      (2) This section expires June 30, ((2006)) 2007.

      Sec. 5. RCW 77.85.040 and 2000 c 107 s 94 are each amended to read as follows:

      (1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

      (2) The speaker of the house of representatives and the majority leader in the senate may each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

      (3) The members of the independent science panel shall serve four-year terms. Vacant positions on the panel shall be filled in the same manner as the original appointments. Members shall serve no more than two full terms. The independent science panel members shall elect the chair of the panel among themselves every two years. Based upon available funding, the governor's salmon recovery office may contract for services with members of the independent science panel for compensation under chapter 39.29 RCW.

      (4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office ((shall)) may request review of regional salmon recovery plans by the science review panel. The science panel does not have the authority to review individual projects or habitat project lists developed under RCW 77.85.050((,)) or 77.85.060((, and 75.46.080)) or to make policy decisions. The panel shall periodically submit its findings and recommendations under this subsection to the legislature and the governor.

      (((5) The independent science panel, in conjunction with the technical review team, shall recommend standardized monitoring indicators and data quality guidelines for use by entities involved in habitat projects and salmon recovery activities across the state.

      (6) The independent science panel, in conjunction with the technical review team, shall also recommend criteria for the systematic and periodic evaluation of monitoring data in order for the state to be able to answer critical questions about the effectiveness of the state's salmon recovery efforts.

      (7) The recommendations on monitoring as required in this section shall be provided in a report to the governor and to the legislature by the independent science panel, in conjunction with the salmon recovery office, no later than December 31, 2000. The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any other recommendations on monitoring deemed important by the independent science panel and the technical review team. The report may be included in the biennial state of the salmon report required under RCW 77.85.020.))

      Sec. 6. RCW 77.85.050 and 1999 sp.s. c 13 s 11 are each amended to read as follows:

      (1)(a) Counties, cities, and tribal governments must jointly designate, by resolution or by letters of support, the area for which a habitat project list is to be developed and the lead entity that is to be responsible for submitting the habitat project list. No project included on a habitat project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, regional recovery organization, or other entity.

      (b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other habitat interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat. ((The technical review team may provide the lead entity with organizational models that may be used in establishing the committees.))

      (c) The committee shall compile a list of habitat projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat project list. The committee shall also identify potential federal, state, local, and private funding sources.

      (2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, or any other area as agreed to by the counties, cities, and tribes in resolutions or in letters of support meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.

      (3) The lead entity shall submit the habitat project list to the ((technical review team)) board in accordance with procedures adopted by the board.

      Sec. 7. RCW 77.85.090 and 2000 c 107 s 99 are each amended to read as follows:

      (1) The southwest Washington salmon recovery region, whose boundaries are provided in chapter 60, Laws of 1998, is created.

      (2) Lead entities within a salmon recovery region that agree to form a regional salmon recovery organization may be recognized by the salmon recovery office as a regional recovery organization. The regional recovery organization may plan, coordinate, and monitor the implementation of a regional recovery plan in accordance with RCW 77.85.150. Regional recovery organizations existing as of the effective date of this act that have developed draft recovery plans approved by the governor's salmon recovery office by July 1, 2005, may continue to plan, coordinate, and monitor the implementation of regional recovery plans.

      Sec. 8. RCW 77.85.130 and 2000 c 107 s 102 and 2000 c 15 s 1 are each reenacted and amended to read as follows:

      (1) The salmon recovery funding board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a statewide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding.

      (2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:

      (i) Are based upon the limiting factors analysis identified under RCW 77.85.060;

      (ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available;

      (iii) Will benefit listed species and other fish species; ((and))

      (iv) Will preserve high quality salmonid habitat; and

      (v) Are included in a regional or watershed-based salmon recovery plan that accords the project, action, or area a high priority for funding.

      (b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that:

      (i) Are the most cost-effective;

      (ii) Have the greatest matched or in-kind funding; ((and))

      (iii) Will be implemented by a sponsor with a successful record of project implementation; and

      (iv) Are part of a regionwide list developed by lead entities.

      (3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding.

      (4) ((For fiscal year 2000, the board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.

      (5) The board shall seek the guidance of the technical review team to ensure that scientific principles and information are incorporated into the allocation standards and into proposed projects and activities. If the technical review team determines that a habitat project list complies with the critical pathways methodology under RCW 77.85.060, it shall provide substantial weight to the list's project priorities when making determinations among applications for funding of projects within the area covered by the list.

      (6))) The board shall establish criteria for determining when block grants may be made to a lead entity ((or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 77.85.050,)). The board may provide block grants to the lead entity to ((assist in carrying out lead entity functions under this chapter,)) implement habitat project lists developed under RCW 77.85.050, subject to available funding. The board shall determine an equitable minimum amount of project funds for each recovery region, and shall distribute the remainder of funds on a competitive basis. The board may also provide block grants to the lead entity or regional recovery organization to assist in carrying out functions described under this chapter. Block grants must be expended consistent with the priorities established for the board in subsection (2) of this section. Lead entities or regional recovery organizations receiving block grants under this subsection shall provide an annual report to the board summarizing how funds were expended for activities consistent with this chapter, including the types of projects funded, project outcomes, monitoring results, and administrative costs.

      (((7))) (5) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.

      (((8))) (6) The board may award a grant or loan for a salmon recovery project on private or public land when the landowner has a legal obligation under local, state, or federal law to perform the project, when expedited action provides a clear benefit to salmon recovery, and there will be harm to salmon recovery if the project is delayed. For purposes of this subsection, a legal obligation does not include a project required solely as a mitigation or a condition of permitting.

      (((9))) (7) The board may condition a grant or loan to include the requirement that property may only be transferred to a federal agency if the agency that will acquire the property agrees to comply with all terms of the grant or loan to which the project sponsor was obligated. Property acquired or improved by a project sponsor may be conveyed to a federal agency, but only if the agency agrees to comply with all terms of the grant or loan to which the project sponsor was obligated.

      Sec. 9. RCW 77.85.150 and 1999 sp.s. c 13 s 9 are each amended to read as follows:

      (1) ((By September 1, 1999,)) The governor, with the assistance of the salmon recovery office, shall ((submit a statewide salmon recovery strategy to the appropriate federal agencies administering the federal endangered species act)) maintain and revise a statewide salmon recovery strategy.

      (2) The governor and the salmon recovery office shall be guided by the following considerations in ((developing)) maintaining and revising the strategy:

      (a) The strategy should identify statewide initiatives and responsibilities with regional recovery plans and local watershed initiatives as the principal ((mechanism)) means for implementing the strategy;

      (b) The strategy should emphasize collaborative, incentive-based approaches;

      (c) The strategy should address all factors limiting the recovery of Washington's listed salmon stocks, including habitat and water quality degradation, harvest and hatchery management, inadequate streamflows, and other barriers to fish passage. Where other limiting factors are beyond the state's jurisdictional authorities to respond to, such as some natural predators and high seas fishing, the strategy shall include the state's requests for federal action to effectively address these factors;

      (d) The strategy should identify immediate actions necessary to prevent extinction of a listed salmon stock, establish performance measures to determine if restoration efforts are working, recommend effective monitoring and data management, and recommend to the legislature clear and certain measures to be implemented if performance goals are not met;

      (e) The strategy shall rely on the best scientific information available and provide for incorporation of new information as it is obtained;

      (f) The strategy should seek a fair allocation of the burdens and costs upon economic and social sectors of the state whose activities may contribute to limiting the recovery of salmon; and

      (g) The strategy should seek clear measures and procedures from the appropriate federal agencies for removing Washington's salmon stocks from listing under the federal act.

      (3) Beginning on September 1, 2000, the strategy shall be updated through an active public involvement process, including early and meaningful opportunity for public comment. In obtaining public comment, the salmon recovery office shall hold public meetings throughout the state and shall encourage regional and local recovery planning efforts to similarly ensure an active public involvement process.

      (4) This section shall apply prospectively only and not retroactively. Nothing in this section shall be construed to invalidate actions taken in recovery planning at the local, regional, or state level prior to July 1, 1999.

      NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:

      (1) RCW 77.85.070 (Technical advisory groups) and 2000 c 107 s 97 & 1998 c 246 s 10; and

      (2) RCW 77.85.210 (Monitoring activities--Monitoring oversight committee--Legislative steering committee--Report to the legislature--Monitoring strategy and action plan) and 2001 c 298 s 3."

      Correct the title.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

Senator Jacobsen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5610.

      Senators Jacobsen, Oke and Spanel spoke in favor of the motion.

POINT OF INQUIRY

Senator Honeyford: “Would Senator Jacobsen yield to a question? Does this improve the role of the counties in the approval of the salmon recovery plan or does it remain constant? Does this improve the role of the counties in approving salmon recovery plans? Are they brought more into the picture or are they still pretty much left out?”

Senator Jacobsen: “This doesn’t change those two. These two amendments in the House as the bill originally came back on 5610. It does not change that. It clarifies what, clarifies the word ‘strategy’ and also the role of the governor’s Salmon Recovery Office. So it does not change that. The other one is in regards to regional organization and allows a smaller group to, if they want to, to set up regionally, if they are inside an ESU [evolutionarily significant unit. –Ed.]. So it does not change that.”

      Senator Honeyford spoke against the motion.

MOTIONS

On motion of Senator Regala, Senators Eide and Haugen were excused.

On motion of Senator Stevens, Senator Carrell was excused.

MOTION

The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5610.

The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5610 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5610, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5610, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 3; Absent, 2; Excused, 4.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Delvin, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 40

      Voting nay: Senators Deccio, Honeyford and McCaslin - 3

      Absent: Senators Doumit and Prentice - 2

      Excused: Senators Benson, Carrell, Eide and Haugen - 4

SUBSTITUTE SENATE BILL NO. 5610, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

      Under suspension of rules ENGROSSED SUBSTITUTE SENATE BILL NO. 5922, was returned to second reading for purpose of an amendment{s} and passed the House as amended by the House.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 26.44.100 and 1998 c 314 s 8 are each amended to read as follows:

      (1) The legislature finds parents and children often are not aware of their due process rights when agencies are investigating allegations of child abuse and neglect. The legislature reaffirms that all citizens, including parents, shall be afforded due process, that protection of children remains the priority of the legislature, and that this protection includes protecting the family unit from unnecessary disruption. To facilitate this goal, the legislature wishes to ensure that parents and children be advised in writing and orally, if feasible, of their basic rights and other specific information as set forth in this chapter, provided that nothing contained in this chapter shall cause any delay in protective custody action.

      (2) The department shall notify the ((alleged perpetrator of the)) parent, guardian, or legal custodian of a child of any allegations of child abuse ((and)) or neglect ((at the earliest possible point in the investigation that will not jeopardize the safety and protection of the child or the investigation process)) made against such person at the initial point of contact with such person, in a manner consistent with the laws maintaining the confidentiality of the persons making the complaints or allegations. Investigations of child abuse and neglect should be conducted in a manner that will not jeopardize the safety or protection of the child or the integrity of the investigation process.

      Whenever the department completes an investigation of a child abuse or neglect report under chapter 26.44 RCW, the department shall notify the ((alleged perpetrator)) subject of the report ((and)) of the department's investigative findings. The notice shall also advise the ((alleged perpetrator)) subject of the report that:

      (a) A written response to the report may be provided to the department and that such response will be filed in the record following receipt by the department;

      (b) Information in the department's record may be considered in subsequent investigations or proceedings related to child protection or child custody;

      (c) Founded reports of child abuse and neglect may be considered in determining whether the person is disqualified from being licensed to provide child care, employed by a licensed child care agency, or authorized by the department to care for children; and

      (d) ((An alleged perpetrator)) A subject named in a founded report of child abuse or neglect has the right to seek review of the finding as provided in this chapter.

      (3) The notification required by this section shall be made by certified mail, return receipt requested, to the person's last known address.

      (4) The duty of notification created by this section is subject to the ability of the department to ascertain the location of the person to be notified. The department shall exercise reasonable, good-faith efforts to ascertain the location of persons entitled to notification under this section.

      (5) The department shall provide training to all department personnel who conduct investigations under this section that shall include, but is not limited to, training regarding the legal duties of the department from the initial time of contact during investigation through treatment in order to protect children and families.

      NEW SECTION. Sec. 2. The legislature finds that whenever possible, children should remain in the home of their parents. It is only when the safety of the child is in jeopardy that the child should be removed from the home.

      It is the intent of the legislature that the department of social and health services be permitted to intervene in cases of chronic neglect where the health, welfare, or safety of the child is at risk. One incident of neglect may not rise to the level requiring state intervention; however, a pattern of neglect has been shown to cause damage to the health and well-being of the child subject to the neglect.

      It is the intent of the legislature that, when chronic neglect has been found to exist in a family, the legal system reinforce the need for the parent's early engagement in services that will decrease the likelihood of future neglect. However, if the parents fail to comply with the offered necessary and available services, the state has the authority to intervene to protect the children who are at risk. If a parent fails to engage in available substance abuse or mental health services necessary to maintain the safety of a child or a parent fails to correct substance abuse deficiencies that jeopardize the safety of a child, the state has the authority to intervene to protect a child.

      Sec. 3. RCW 13.34.138 and 2003 c 227 s 5 are each amended to read as follows:

      (1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The initial review hearing shall be an in-court review and shall be set six months from the beginning date of the placement episode or no more than ninety days from the entry of the disposition order, whichever comes first. The initial review hearing may be a permanency planning hearing when necessary to meet the time frames set forth in RCW 13.34.145(3) or 13.34.134. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. This review shall consider both the agency's and parent's efforts that demonstrate consistent measurable progress over time in meeting the disposition plan requirements. The requirements for the initial review hearing, including the in-court requirement, shall be accomplished within existing resources. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

      (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

      (b) If the child is not returned home, the court shall establish in writing:

      (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

      (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

      (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

      (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

      (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

      (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

      (vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

      (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

      (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

      (2)(a) In any case in which the court orders that a dependent child may be returned to or remain in the child's home, the in-home placement shall be contingent upon the following:

      (i) The compliance of the parents with court orders related to the care and supervision of the child, including compliance with an agency case plan; and

      (ii) The continued participation of the parents, if applicable, in available substance abuse or mental health treatment if substance abuse or mental illness was a contributing factor to the removal of the child.

      (b) The following may be grounds for removal of the child from the home, subject to review by the court:

      (i) Noncompliance by the parents with the agency case plan or court order;

      (ii) The parent's inability, unwillingness, or failure to participate in available services or treatment for themselves or the child, including substance abuse treatment if a parent's substance abuse was a contributing factor to the abuse or neglect; or

      (iii) The failure of the parents to successfully and substantially complete available services or treatment for themselves or the child, including substance abuse treatment if a parent's substance abuse was a contributing factor to the abuse or neglect.

      (3) The court's ability to order housing assistance under RCW 13.34.130 and this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.

      (((3))) (4) The court shall consider the child's relationship with siblings in accordance with RCW 13.34.130(3).

      Sec. 4. RCW 26.44.015 and 1999 c 176 s 28 are each amended to read as follows:

      (1) This chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not injurious to the child's health, welfare, ((and)) or safety.

      (2) Nothing in this chapter may be used to prohibit the reasonable use of corporal punishment as a means of discipline.

      (3) No parent or guardian may be deemed abusive or neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other handicap.

      Sec. 5. RCW 26.44.020 and 2000 c 162 s 19 are each amended to read as follows:

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

      (1) "Court" means the superior court of the state of Washington, juvenile department.

      (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

      (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" includes a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner will not be considered, for that reason alone, a neglected person for the purposes of this chapter.

      (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

      (5) "Department" means the state department of social and health services.

      (6) "Child" or "children" means any person under the age of eighteen years of age.

      (7) "Professional school personnel" include, but are not limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

      (8) "Social service counselor" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

      (9) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

      (10) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

      (11) "Clergy" means any regularly licensed or ordained minister, priest, or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

      (12) "Abuse or neglect" means ((the injury,)) sexual abuse, sexual exploitation, ((negligent treatment, or maltreatment)) or injury of a child by any person under circumstances which ((indicate that)) cause harm to the child's health, welfare, ((and)) or safety ((is harmed)), excluding conduct permitted under RCW 9A.16.100; or the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.

      (13) "Child protective services section" means the child protective services section of the department.

      (14) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

      (15) "Negligent treatment or maltreatment" means an act or ((omission)) a failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction, that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to ((the)) a child's health, welfare, ((and)) or safety. When considering whether a clear and present danger exists, evidence of a parent's substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment. Poverty, homelessness, or exposure to domestic violence as defined in RCW 26.50.010 that is perpetrated against someone other than the child do not constitute negligent treatment or maltreatment in and of themselves.

      (16) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions that endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

      (17) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.

      (18) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.

      (19) "Unfounded" means available information indicates that, more likely than not, child abuse or neglect did not occur. No unfounded allegation of child abuse or neglect may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW.

      NEW SECTION. Sec. 6. A new section is added to chapter 26.44 RCW to read as follows:

      (1) If the department, upon investigation of a report that a child has been abused or neglected as defined in this chapter, determines that the child has been subject to negligent treatment or maltreatment, the department may offer services to the child's parents, guardians, or legal custodians to: (a) Ameliorate the conditions that endangered the welfare of the child; or (b) address or treat the effects of mistreatment or neglect upon the child.

      (2) When evaluating whether the child has been subject to negligent treatment or maltreatment, evidence of a parent's substance abuse as a contributing factor to a parent's failure to provide for a child's basic health, welfare, or safety shall be given great weight.

      (3) If the child's parents, guardians, or legal custodians are available and willing to participate on a voluntary basis in in-home services, and the department determines that in-home services on a voluntary basis are appropriate for the family, the department may offer such services.

      (4) In cases where the department has offered appropriate and reasonable services under subsection (1) of this section, and the parents, guardians, or legal custodians refuse to accept or fail to obtain available and appropriate treatment or services, or are unable or unwilling to participate in or successfully and substantially complete the treatment or services identified by the department, the department may initiate a dependency proceeding under chapter 13.34 RCW on the basis that the negligent treatment or maltreatment by the parent, guardian, or legal custodian constitutes neglect. When evaluating whether to initiate a dependency proceeding on this basis, the evidence of a parent's substance abuse as a contributing factor to the negligent treatment or maltreatment shall be given great weight.

      (5) Nothing in this section precludes the department from filing a dependency petition as provided in chapter 13.34 RCW if it determines that such action is necessary to protect the child from abuse or neglect.

      (6) Nothing in this section shall be construed to create in any person an entitlement to services or financial assistance in paying for services or to create judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable or if the child or family is not eligible for such services.

      Sec. 7. RCW 74.13.031 and 2004 c 183 s 3 are each amended to read as follows:

      The department shall have the duty to provide child welfare services and shall:

      (1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of runaway, dependent, or neglected children.

      (2) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, pregnant and parenting teens, and annually report to the governor and the legislature concerning the department's success in: (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by RCW 74.13.285. The report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

      (3)(a) Investigate ((complaints of any recent act or failure to act)) any reports of child abuse or neglect, as defined in chapter 26.44 RCW, on the part of a parent, guardian, or legal custodian of the child, member of the household of such persons, an agency providing care to the child as defined in chapter 74.15 RCW, or other caretaker ((that)) of the child who is serving in place of the parent if the child abuse or neglect results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm((, and on the basis of the findings of such investigation, offer)). Evidence of a parent's substance abuse as a contributing factor to the alleged abuse or neglect shall be considered to present an imminent risk of serious harm to the child.

      (b) Offer child welfare services ((in relation to the problem to such)), where warranted, to parents, legal custodians, or persons serving in ((loco parentis)) the place of the parent, ((and/or)) or bring the situation to the attention of an appropriate court, or another community agency((: PROVIDED, That)), including the appropriate law enforcement agency if the investigation reveals that a crime against a child may have been committed. However, an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in ((loco parentis)) the place of the parent. ((If the investigation reveals that a crime against a child may have been committed, the department shall notify the appropriate law enforcement agency.))

      (4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

      (5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report measuring the extent to which the department achieved the specified goals to the governor and the legislature.

      (6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

      (7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

      (8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

      (9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto. At least one member shall represent the adoption community.

      (10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

      (11) Refer cases to the division of child support whenever state or federal funds are expended for the care and maintenance of a child, including a child with a developmental disability who is placed as a result of an action under chapter 13.34 RCW, unless the department finds that there is good cause not to pursue collection of child support against the parent or parents of the child.

      (12) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

      Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

      (13) Within amounts appropriated for this specific purpose, provide preventive services to families with children that prevent or shorten the duration of an out-of-home placement.

      (14) Have authority to provide independent living services to youths, including individuals eighteen through twenty years of age, who are or have been in foster care.

      NEW SECTION. Sec. 8. The legislature recognizes that the fiscal and workload impact of this act may not be fully determined until after it is implemented and that such impact may further be affected by the funding or availability of community-based prevention and remedial services. For that reason, the department of social and health services shall report on the implementation of this act to the appropriate legislative committees and the governor by December 1, 2006. The report shall include information regarding any change over previous years in the number and type of child abuse and neglect referrals received and investigations conducted, any change in in-home and out-of-home dependency placements and/or filings, any increased service costs, barriers to implementation, and an assessment of the fiscal and workload impact on the department. Such information shall be reviewed by the legislature for possible amendment of this act or additional allocation of resources to the department for implementation purposes.

      Sec. 9. RCW 13.34.050 and 2000 c 122 s 3 are each amended to read as follows:

      (1) The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody if: (a) A petition is filed with the juvenile court alleging that the child is dependent and that the child's health, safety, and welfare will be seriously endangered if not taken into custody; (b) an affidavit or declaration is filed by the department in support of the petition setting forth specific factual information evidencing reasonable grounds that the child's health, safety, and welfare will be seriously endangered if not taken into custody and at least one of the grounds set forth demonstrates a risk of imminent harm to the child. "Imminent harm" for purposes of this section shall include, but not be limited to, circumstances of sexual abuse, ((or)) sexual exploitation as defined in RCW 26.44.020, and a parent's failure to perform basic parental functions, obligations, and duties as the result of substance abuse; and (c) the court finds reasonable grounds to believe the child is dependent and that the child's health, safety, and welfare will be seriously endangered if not taken into custody.

      (2) Any petition that does not have the necessary affidavit or declaration demonstrating a risk of imminent harm requires that the parents are provided notice and an opportunity to be heard before the order may be entered.

      (3) The petition and supporting documentation must be served on the parent, and if the child is in custody at the time the child is removed, on the entity with custody other than the parent. Failure to effect service does not invalidate the petition if service was attempted and the parent could not be found.

      NEW SECTION. Sec. 10. This act takes effect January 1, 2007.

      NEW SECTION. Sec. 11. This act may be known and cited as the Justice and Raiden Act."

      Correct the title.

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

Senator Hargrove moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5922.

      Senators Hargrove and Stevens spoke in favor of the motion.

MOTION

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5922.

The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5922 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5922, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5922, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Absent: Senator Prentice - 1

      Excused: Senators Eide and Haugen - 2

ENGROSSED SUBSTITUTE SENATE BILL NO. 5922, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

PERSONAL PRIVILEGE

Senator Thibaudeau: “I voted for this previous bill and continue to be supportive of it but I do need to stay that I know of at least two instances where children who were known to CPS died because the workers simply didn’t go back to see them. I’ve heard of all kinds of excuses and I think that one of the things that we must continue to face is that this should be in the best interest of the child. And too often, every time we hear about this, these instances, we change systems, we change procedures, we change policies and I think what we must do is consider how the workers just simply must keep in touch. So I urge you all to think about that. Thank you very much.”

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

      Under suspension of rules ENGROSSED SUBSTITUTE SENATE BILL NO. 5952, was returned to second reading for purpose of an amendment and passed the House as amended by the House.

      Beginning on page 4, line 20, strike all of section 2

      Renumber the remaining section and correct the title.

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

Senator Jacobsen moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5952.

      Senators Jacobsen and Hewitt spoke in favor of the motion.

MOTION

On motion of Senator Hewitt, Senators Mulliken and Parlette were excused.

MOTION

The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5952.

The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5952 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5952, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5952, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senator Prentice - 1

      Excused: Senators Eide, Haugen, Mulliken and Parlette - 4

ENGROSSED SUBSTITUTE SENATE BILL NO. 5952, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      On motion of Senator Rockefeller, the Senate reverted to the third order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator McAuliffe, moved that Gubernatorial Appointment No. 9181, Ron Scutt, as a member of the Professional Educator Standards Board, be confirmed.

      Senator McAuliffe spoke in favor of the motion.

APPOINTMENT OF RON SCUTT

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9181, Ron Scutt as a member of the Professional Educator Standards Board.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9181, Ron Scutt as a member of the Professional Educator Standards Board and the appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Absent: Senator Hargrove - 1

      Excused: Senators Eide, Haugen and Parlette - 3

Gubernatorial Appointment No. 9181, Ron Scutt, having received the constitutional majority was declared confirmed as a member of the Professional Educator Standards Board.

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

MOTION

      Senator Rasmussen, moved that Gubernatorial Reappointment No. 9279, Herb Simon, as a member of the Higher Education Coordinating Board, be confirmed.

      Senators Rasmussen and Kohl-Welles spoke in favor of the motion.

REAPPOINTMENT OF HERB SIMON

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9279, Herb Simon as a member of the Higher Education Coordinating Board.

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9279, Herb Simon as a member of the Higher Education Coordinating Board and the appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Excused: Senators Eide, Haugen and Parlette - 3

Gubernatorial Reappointment No. 9279, Herb Simon, having received the constitutional majority was declared confirmed as a member of the Higher Education Coordinating Board.

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

MOTION

      Senator Kline, moved that Gubernatorial Reappointment No. 9228, David Boerner, as a member of the Sentencing Guidelines Commission, be confirmed.

      Senators Kline and Johnson spoke in favor of the motion.

MOTION

On motion of Senator Esser, Senators Benton and Zarelli were excused.

REAPPOINTMENT OF DAVID BOERNER

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9228, David Boerner as a member of the Sentencing Guidelines Commission.

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9228, David Boerner as a member of the Sentencing Guidelines Commission and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 43

      Absent: Senator Hargrove - 1

      Excused: Senators Benton, Eide, Haugen, Parlette and Zarelli - 5

Gubernatorial Reappointment No. 9228, David Boerner, having received the constitutional majority was declared confirmed as a member of the Sentencing Guidelines Commission.

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

MOTION

      Senator Franklin, moved that Gubernatorial Reappointment No. 9080, Walter T. Hubbard, as a member of the Personnel Appeals Board, be confirmed.

      Senator Franklin spoke in favor of the motion.

REAPPOINTMENT OF WALTER T. HUBBARD

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9080, Walter T. Hubbard as a member of the Personnel Appeals Board.

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9080, Walter T. Hubbard as a member of the Personnel Appeals Board and the appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 46

      Excused: Senators Eide, Haugen and Zarelli - 3

Gubernatorial Reappointment No. 9080, Walter T. Hubbard, having received the constitutional majority was declared confirmed as a member of the Personnel Appeals Board.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator Berkey, moved that Gubernatorial Appointment No. 9144, Connie Niva, as a member of the Board of Regents, Washington State University, be confirmed.

      Senators Berkey and Shin spoke in favor of the motion.

APPOINTMENT OF CONNIE NIVA

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9144, Connie Niva as a member of the Board of Regents, Washington State University.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9144, Connie Niva as a member of the Board of Regents, Washington State University and the appointment was confirmed by the following vote: Yeas, 38; Nays, 6; Absent, 2; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Delvin, Doumit, Esser, Fairley, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 38

      Voting nay: Senators Carrell, Finkbeiner, McCaslin, Morton, Mulliken and Stevens - 6

      Absent: Senators Deccio and Hargrove - 2

      Excused: Senators Eide, Haugen and Zarelli - 3

Gubernatorial Appointment No. 9144, Connie Niva, having received the constitutional majority was declared confirmed as a member of the Board of Regents, Washington State University.

MOTION

      On motion of Senator Rockefeller, the Senate advanced to the sixth order of business.

SECOND READING

      HOUSE BILL NO. 1485, by Representatives Hunter, Jarrett, Wallace, Tom, Fromhold, McDermott, Haigh, Kenney and P. Sullivan

      Regarding the school bus bid process.

      The measure was read the second time.

MOTION

      On motion of Senator McAuliffe, the rules were suspended, House Bill No. 1485 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Schmidt spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1485.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1485 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Absent: Senators Deccio and Delvin - 2

      Excused: Senators Eide and Haugen - 2

      HOUSE BILL NO. 1485, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2221, by Representatives Takko, Orcutt, Grant, Kristiansen, Williams, Strow, Blake, Bailey, Kenney, Haler and Linville

      Modifying the excise taxation of fruit and vegetable processing and storage.

      The measure was read the second time.

MOTION

      On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute House Bill No. 2221 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Rasmussen and Hewitt spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2221.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2221 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Voting nay: Senator Fraser - 1

      Absent: Senator Delvin - 1

      Excused: Senators Eide and Haugen - 2

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2221, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Hewitt, Senator Delvin was excused.

SECOND READING

      SENATE BILL NO. 5227, by Senators Jacobsen, Doumit, Fraser and Rasmussen

      Decriminalizing certain hunter reporting requirements. Revised for 1st Substitute: Concerning wildlife reporting requirements.

MOTIONS

      On motion of Senator Jacobsen, Substitute Senate Bill No. 5227 was substituted for Senate Bill No. 5227 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5227 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Oke spoke in favor of passage of the bill.

MOTION

On motion of Senator Brandland, Senator Hewitt was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5227.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5227 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 43

      Voting nay: Senators Benton, Johnson, Roach and Stevens - 4

      Excused: Senators Eide and Haugen - 2

      SUBSTITUTE SENATE BILL NO. 5227, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      ENGROSSED HOUSE BILL NO. 1241, by Representatives Fromhold, Curtis, Moeller, Wallace, Sommers, McIntire and Murray

      Modifying vehicle licensing and registration penalties.

      The measure was read the second time.

MOTION

      On motion of Senator Jacobsen, the rules were suspended, Engrossed House Bill No. 1241 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1241.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1241 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 1; Excused, 3.

      Voting yea: Senators Benson, Benton, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 43

      Voting nay: Senators McCaslin and Morton - 2

      Absent: Senator Berkey - 1

      Excused: Senators Eide, Haugen and Hewitt - 3

      ENGROSSED HOUSE BILL NO. 1241, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      On motion of Senator Rockefeller, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

April 22, 2005

MR. PRESIDENT: 

      The House had adopted the report of Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5499, and has passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

REPORT OF THE CONFERENCE REPORT

Engrossed Substitute Senate Bill No. 5499

April 21, 2005

MR. PRESIDENT:

MR. SPEAKER:

      We of your conference committee, to whom was referred Engrossed Substitute Senate Bill No. 5499, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 29A.04.008 and 2004 c 271 s 102 are each amended to read as follows:

      As used in this title:

      (1) "Ballot" means, as the context implies, either:

      (a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;

      (b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;

      (c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or

      (d) The physical document on which the voter's choices are to be recorded;

      (2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;

      (3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;

      (4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;

      (5) "Provisional ballot" means a ballot issued ((to a voter)) at the polling place on election day by the precinct election board((, for one of the following reasons)) to a voter who would otherwise be denied an opportunity to vote a regular ballot, for any reason authorized by the help America vote act, including but not limited to the following:

      (a) The voter's name does not appear in the poll book;

      (b) There is an indication in the poll book that the voter has requested an absentee ballot, but the voter wishes to vote at the polling place;

      (c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote;

      (d) Any other reason allowed by law;

      (6) "Party ballot" means a primary election ballot specific to a particular major political party that lists all partisan offices to be voted on at that primary, and the candidates for those offices who affiliate with that same major political party;

      (7) "Nonpartisan ballot" means a primary election ballot that lists all nonpartisan races and ballot measures to be voted on at that primary.

      Sec. 2. RCW 29A.04.530 and 2003 c 111 s 151 are each amended to read as follows:

      The secretary of state shall:

      (1) Establish and operate, or provide by contract, training and certification programs for state and county elections administration officials and personnel, including training on the various types of election law violations and discrimination, and training programs for political party observers which conform to the rules for such programs established under RCW 29A.04.630;

      (2) Establish guidelines, in consultation with state and local law enforcement or certified document examiners, for signature verification processes. All election personnel assigned to verify signatures must receive training on the guidelines;

      (3) Administer tests for state and county officials and personnel who have received such training and issue certificates to those who have successfully completed the training and passed such tests;

      (((3))) (4) Maintain a record of those individuals who have received such training and certificates; and

      (((4))) (5) Provide the staffing and support services required by the board created under RCW 29A.04.510.

      NEW SECTION. Sec. 3. A new section is added to chapter 29A.36 RCW to read as follows:

      All provisional and absentee ballots must be visually distinguishable from each other and must be either:

      (1) Printed on colored paper; or

      (2) Imprinted with a bar code for the purpose of identifying the ballot as a provisional or absentee ballot. The bar code must not identify the voter.

      Provisional and absentee ballots must be incapable of being tabulated by poll-site counting devices.

      Sec. 4. RCW 29A.40.091 and 2004 c 271 s 135 are each amended to read as follows:

      The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The instructions that accompany an absentee ballot for a partisan primary must include instructions for voting the applicable ballot style, as provided in chapter 29A.36 RCW. The absentee voter's name and address must be printed on the larger return envelope, which must also contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she has been convicted of a felony and has not had his or her voting rights restored; and, except as otherwise provided by law, it is illegal to cast a ballot or sign an absentee envelope on behalf of another voter. The return envelope must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. It must also contain a space that the voter may include a telephone number. A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. The return envelope must also have a secrecy flap that the voter may seal that will cover the voter's signature and optional telephone number. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.

      If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

      Sec. 5. RCW 29A.40.110 and 2003 c 111 s 1011 are each amended to read as follows:

      (1) The opening and subsequent processing of return envelopes for any primary or election may begin ((on or after the tenth day before the primary or election)) upon receipt. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.

      (2) All received absentee return envelopes must be placed in secure locations from the time of delivery to the county auditor until their subsequent opening. After opening the return envelopes, the county canvassing board shall place all of the ballots in secure storage until after 8:00 p.m. of the day of the primary or election. Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation.

      (3) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on the return envelope that contains the security envelope and absentee ballot. They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files of the county. For registered voters casting absentee ballots, the date on the return envelope to which the voter has attested determines the validity, as to the time of voting for that absentee ballot if the postmark is missing or is illegible. For out-of-state voters, overseas voters, and service voters stationed in the United States, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot. For any absentee ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same.

      NEW SECTION. Sec. 6. A new section is added to chapter 29A.44 RCW to read as follows:

      Provisional ballots must be issued, along with a provisional ballot outer envelope and a security envelope, to voters as appropriate under RCW 29A.04.008. The provisional ballot outer envelope must include a place for the voter's name; registered address, both present and former if applicable; date of birth; reason for the provisional ballot; the precinct number and the precinct polling location at which the voter has voted; and a space for the county auditor to list the disposition of the provisional ballot. The provisional ballot outer envelope must also contain a declaration as required for absentee ballot outer envelopes under RCW 29A.40.091; a place for the voter to sign the oath; and a summary of the applicable penalty provisions of this chapter. The voter shall vote the provisional ballot in secrecy and, when done, place the provisional ballot in the security envelope, then place the security envelope into the outer envelope, and return it to the precinct election official. The election official shall ensure that the required information is completed on the outer envelope, have the voter sign it in the appropriate space, and place the envelope in a secure container. The official shall then give the voter written information advising the voter how to ascertain whether the vote was counted and, if applicable, the reason why the vote was not counted.

      NEW SECTION. Sec. 7. A new section is added to chapter 29A.44 RCW to read as follows:

      Any person desiring to vote at any primary or election is required to provide identification to the election officer before signing the poll book. The identification required in this section can be satisfied by providing a valid photo identification, such as a driver's license or state identification card, student identification card, or tribal identification card, a voter's voter identification issued by a county elections officer, or a copy of a current utility bill, bank statement, paycheck, or government check or other government document. Any individual who desires to vote in person but cannot provide identification as required by this section shall be issued a provisional ballot.

      The secretary of state may adopt rules to carry out this section.

      NEW SECTION. Sec. 8. A new section is added to chapter 29A.60 RCW to read as follows:

      (1) If the voter neglects to sign the outside envelope of an absentee or provisional ballot, the auditor shall notify the voter by telephone and advise the voter of the correct procedures for completing the unsigned affidavit. If the auditor is not able to provide the information personally to the voter by telephone, then the voter must be contacted by first class mail and advised of the correct procedures for completing the unsigned affidavit. Leaving a voice mail message for the voter is not to be considered as personally contacting the voter. In order for the ballot to be counted, the voter must either:

      (a) Appear in person and sign the envelope no later than the day before the certification of the primary or election; or

      (b) Sign a copy of the envelope provided by the auditor, and return it to the auditor no later than the day before the certification of the primary or election.

      (2)(a) If the handwriting of the signature on an absentee or provisional ballot envelope is not the same as the handwriting of the signature on the registration file, the auditor shall notify the voter by telephone and advise the voter of the correct procedures for updating his or her signature on the voter registration file. If the auditor is not able to provide the information personally to the voter by telephone, then the voter must be contacted by first class mail and advised of the correct procedures for completing the unsigned affidavit. Leaving a voice mail message for the voter is not to be considered as personally contacting the voter. In order for the ballot to be counted, the voter must either:

      (i) Appear in person and sign a new registration form no later than the day before the certification of the primary or election; or

      (ii) Sign a copy of the affidavit provided by the auditor and return it to the auditor no later than the day before the certification of the primary or election. If the signature on the copy of the affidavit does not match the signature on file, the voter must appear in person and sign a new registration form no later than the day before the certification of the primary or election in order for the ballot to be counted.

      (b) If the signature on an absentee or provisional ballot envelope is not the same as the signature on the registration file because the name is different, the ballot may be counted as long as the handwriting is clearly the same. The auditor shall send the voter a change-of-name form under RCW 29A.08.440 and direct the voter to complete the form.

      (c) If the signature on an absentee or provisional ballot envelope is not the same as the signature on the registration file because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.

      (3) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.

      (4) A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter signed the envelope, a copy of the envelope, a new registration form, or a change-of-name form. That record is a public record under chapter 42.17 RCW and may be disclosed to interested parties on written request.

      NEW SECTION. Sec. 9. A new section is added to chapter 29A.60 RCW to read as follows:

      Before certification of the primary or election, the county auditor must examine and investigate all received provisional ballots to determine whether the ballot can be counted. The auditor shall provide the disposition of the provisional ballot and, if the ballot was not counted, the reason why it was not counted, on a free access system such as a toll-free telephone number, web site, mail, or other means. The auditor must notify the voter in accordance with section 8 of this act when the envelope is unsigned or when the signatures do not match.

      NEW SECTION. Sec. 10. A new section is added to chapter 29A.60 RCW to read as follows:

      If inspection of the ballot reveals a physically damaged ballot or ballot that may be otherwise unreadable or uncountable by the tabulating system, the county auditor may refer the ballot to the county canvassing board or duplicate the ballot if so authorized by the county canvassing board. The voter's original ballot may not be altered. A ballot may be duplicated only if the intent of the voter's marks on the ballot is clear and the electronic voting equipment might not otherwise properly tally the ballot to reflect the intent of the voter. Ballots must be duplicated by teams of two or more people working together. When duplicating ballots, the county auditor shall take the following steps to create and maintain an audit trail of the action taken:

      (1) Each original ballot and duplicate ballot must be assigned the same unique control number, with the number being marked upon the face of each ballot, to ensure that each duplicate ballot may be tied back to the original ballot;

      (2) A log must be kept of the ballots duplicated, which must at least include:

      (a) The control number of each original ballot and the corresponding duplicate ballot;

      (b) The initials of at least two people who participated in the duplication of each ballot; and

      (c) The total number of ballots duplicated.

      Original and duplicate ballots must be sealed in secure storage at all times, except during duplication, inspection by the canvassing board, or tabulation.

      NEW SECTION. Sec. 11. A new section is added to chapter 29A.60 RCW to read as follows:

      (1) The county auditor shall prepare, make publicly available at the auditor's office or on the auditor's web site, and submit at the time of certification an election reconciliation report that discloses the following information:

      (a) The number of registered voters;

      (b) The number of ballots counted;

      (c) The number of provisional ballots issued;

      (d) The number of provisional ballots counted;

      (e) The number of provisional ballots rejected;

      (f) The number of absentee ballots issued;

      (g) The number of absentee ballots counted;

      (h) The number of absentee ballots rejected;

      (i) The number of federal write-in ballots counted;

      (j) The number of out-of-state, overseas, and service ballots issued;

      (k) The number of out-of-state, overseas, and service ballots counted; and

      (l) The number of out-of-state, overseas, and service ballots rejected.

      (2) The county auditor shall prepare and make publicly available at the auditor's office or on the auditor's web site within thirty days of certification a final election reconciliation report that discloses the following information:

      (a) The number of registered voters;

      (b) The total number of voters credited with voting;

      (c) The number of poll voters credited with voting;

      (d) The number of provisional voters credited with voting;

      (e) The number of absentee voters credited with voting;

      (f) The number of federal write-in voters credited with voting;

      (g) The number of out-of-state, overseas, and service voters credited with voting;

      (h) The total number of voters credited with voting even though their ballots were postmarked after election day and were not counted; and

      (i) Any other information the auditor deems necessary to reconcile the number of ballots counted with the number of voters credited with voting.

      (3) The county auditor may also prepare such reports for jurisdictions located, in whole or in part, in the county.

      Sec. 12. RCW 29A.60.021 and 2004 c 271 s 147 are each amended to read as follows:

      (1) For any office at any election or primary, any voter may write in on the ballot the name of any person for an office who has filed as a write-in candidate for the office in the manner provided by RCW 29A.24.311 and such vote shall be counted the same as if the name had been printed on the ballot and marked by the voter. ((For a partisan primary in a jurisdiction using the physically separate ballot format, a voter may write in on a party ballot only the names of write-in candidates who affiliate with that major political party.)) No write-in vote made for any person who has not filed a declaration of candidacy pursuant to RCW 29A.24.311 is valid if that person filed for the same office, either as a regular candidate or a write-in candidate, at the preceding primary. Any abbreviation used to designate office((,)) or position((, or political party shall)) will be accepted if the canvassing board can determine, to ((their)) its satisfaction, the voter's intent.

      (2) The number of write-in votes cast for each office must be recorded and reported with the canvass for the election.

      (3) A write-in vote for an individual candidate for an office whose name appears on the ballot for that same office is a valid vote for that candidate as long as the candidate's name is clearly discernible, even if other requirements of RCW 29A.24.311 are not satisfied and even if the voter also marked a vote for that candidate such as to register an overvote. These votes need not be tabulated unless: (a) The difference between the number of votes cast for the candidate apparently qualified to appear on the general election ballot or elected and the candidate receiving the next highest number of votes is less than the sum of the total number of write-in votes cast for the office plus the overvotes and undervotes recorded by the vote tabulating system; or (b) a manual recount is conducted for that office.

      (4) Write-in votes cast for an individual candidate for an office whose name does not appear on the ballot need not be tallied ((if)) unless the total number of write-in votes and undervotes recorded by the vote tabulation system for the office is ((not)) greater than the number of votes cast for the candidate apparently ((nominated)) qualified to appear on the general election ballot or elected((, and the write-in votes could not have altered the outcome of the primary or election. In the case of write-in votes for statewide office or for any office whose jurisdiction encompasses more than one county, write-in votes for an individual candidate must be tallied whenever the county auditor is notified by either the office of the secretary of state or another auditor in a multicounty jurisdiction that it appears that the write-in votes could alter the outcome of the primary or election)).

      (((4))) (5) In the case of write-in votes for a statewide office((s)) or any office whose jurisdiction((s that)) encompasses more than one county, ((if the total number of write-in votes and undervotes recorded by the vote tabulation system for an office within a county is greater than the number of votes cast for a candidate apparently nominated or elected in a primary or election, the auditor shall tally all write-in votes for individual candidates for that office and notify the office of the secretary of state and the auditors of the other counties within the jurisdiction, that the write-in votes for individual candidates should be tallied)) write-in votes for an individual candidate must be tallied when the county auditor is notified by either the secretary of state or another county auditor in the multicounty jurisdiction that it appears that the write-in votes must be tabulated under the terms of this section. In all other cases, the county auditor determines when write-in votes must be tabulated. Any abstract of votes must be modified to reflect the tabulation and certified by the canvassing board. Tabulation of write-in votes may be performed simultaneously with a recount.

      Sec. 13. RCW 29A.60.050 and 2003 c 111 s 1505 are each amended to read as follows:

      Whenever the precinct election officers or the counting center personnel have a question about the validity of a ballot or the votes for an office or issue that they are unable to resolve, they shall prepare and sign a concise record of the facts in question or dispute. These ballots shall be delivered to the canvassing board for processing. A ballot is not considered rejected until the canvassing board has rejected the ballot individually, or the ballot was included in a batch or on a report of ballots that was rejected in its entirety by the canvassing board. All ballots shall be preserved in the same manner as valid ballots for that primary or election.

      Sec. 14. RCW 29A.60.070 and 2003 c 111 s 1507 are each amended to read as follows:

      The county auditor shall produce cumulative and precinct returns for each primary and election and deliver them to the canvassing board for verification and certification. The precinct and cumulative returns of any primary or election are public records under chapter 42.17 RCW.

      Cumulative returns for state offices, judicial offices, the United States senate, and congress must be electronically transmitted to the secretary of state immediately.

      Sec. 15. RCW 29A.60.160 and 2003 c 111 s 1516 are each amended to read as follows:

      ((At least every third day after a primary or election and before certification of the election results,)) Except Sundays and legal holidays, the county auditor, as delegated by the county canvassing board, shall process absentee ballots and canvass the votes cast at that primary or election on a daily basis in counties with a population of seventy-five thousand or more, or at least every third day for counties with a population of less than seventy-five thousand, if the county auditor is in possession of more than twenty-five ballots that have yet to be canvassed. The county auditor, as delegated by the county canvassing board, may use his or her discretion in determining when to process the remaining absentee ballots and canvass the votes during the final four days before the certification of election results in order to protect the secrecy of any ballot. In counties where this process has not been delegated to the county auditor, the county auditor shall convene the county canvassing board to process absentee ballots and canvass the votes cast at the primary or election as set forth in this section.

      Each absentee ballot previously not canvassed that was received by the county auditor two days or more before processing absentee ballots and canvassing the votes as delegated by or processed by the county canvassing board, that either was received by the county auditor before the closing of the polls on the day of the primary or election for which it was issued, or that bears a postmark on or before the primary or election for which it was issued, must be processed at that time. The tabulation of votes that results from that day's canvass must be made available to the general public immediately upon completion of the canvass.

      Sec. 16. RCW 29A.60.190 and 2004 c 266 s 18 are each amended to read as follows:

      (1) ((On the tenth day after a special election or primary and on the fifteenth day)) Ten days after a primary or special election and twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each absentee ballot that was returned before the closing of the polls on the date of the primary or election for which it was issued, and each absentee ballot with a postmark on or before the date of the primary or election for which it was issued and received on or before the date on which the primary or election is certified, must be included in the canvass report.

      (2) At the request of a caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house of representatives.

      Sec. 17. RCW 29A.60.210 and 2003 c 111 s 1521 are each amended to read as follows:

      Whenever the canvassing board finds during the initial counting process, or during any subsequent recount thereof, that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, or that election staff has made an error regarding the treatment or disposition of a ballot, the board may recanvass the ballots or voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify or recertify the results of the primary ((or)), election, or subsequent recount and correct any error and document the correction of any error that it finds.

      Sec. 18. RCW 29A.60.250 and 2003 c 111 s 1525 are each amended to read as follows:

      As soon as the returns have been received from all the counties of the state, but not later than the thirtieth day after the election, the secretary of state shall ((make a)) canvass ((of such of the returns as are not required to be canvassed by the legislature and make out a statement thereof, file it in his or her office, and transmit a certified copy to the governor)) and certify the returns of the general election as to candidates for state offices, the United States senate, congress, and all other candidates whose districts extend beyond the limits of a single county. The secretary of state shall transmit a copy of the certification to the governor, president of the senate, and speaker of the house of representatives.

      Sec. 19. RCW 29A.64.021 and 2004 c 271 s 178 are each amended to read as follows:

      (1) If the official canvass of all of the returns for any office at any primary or election reveals that the difference in the number of votes cast for a candidate apparently nominated or elected to any office and the number of votes cast for the closest apparently defeated opponent is less than two thousand votes and also less than one-half of one percent of the total number of votes cast for both candidates, the county canvassing board shall conduct a recount of all votes cast on that position.

      (a) Whenever such a difference occurs in the number of votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that the returns of the primary or election are first certified by the canvassing boards of those counties, direct those boards to recount all votes cast on the position.

      (b)(i) For statewide elections, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one ((hundred fifty)) thousand votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.

      (ii) For elections not included in (b)(i) of this subsection, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one hundred fifty votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.

      (2) A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.041, and 29A.64.061. No cost of a mandatory recount may be charged to any candidate.

      (3) The apparent winner and closest apparently defeated opponent for an office for which a manual recount is required under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election official for the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was used for casting the votes for the office; it involves the use of a vote tallying system that is approved for use in this state by the secretary of state; and the vote tallying system is readily available in each county required to conduct the recount. If more than one balloting system was used in casting votes for the office, an alternative to a manual recount may be selected for each system.

      Sec. 20. RCW 29A.64.030 and 2003 c 111 s 1603 are each amended to read as follows:

      An application for a recount shall state the office for which a recount is requested and whether the request is for all or only a portion of the votes cast in that jurisdiction of that office. The person filing an application for a manual recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified check, a sum equal to twenty-five cents for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of any costs of conducting the recount. If the application is for a machine recount, the deposit must be equal to fifteen cents for each ballot. These charges shall be determined by the county canvassing board or boards under RCW ((29A.64.080)) 29A.64.081.

      The county canvassing board shall determine ((a)) the date, time, and ((a)) place or places at which the recount will be conducted. ((This time shall be less than three business days after the day upon which: The application was filed with the board; the request for a recount or directive ordering a recount was received by the board from the secretary of state; or the returns are certified which indicate that a recount is required under RCW 29A.64.020 for an issue or office voted upon only within the county.)) Not less than two days before the date of the recount, the county auditor shall mail a notice of the time and place of the recount to the applicant or affected parties and, if the recount involves an office, to any person for whom votes were cast for that office. The county auditor shall also notify the affected parties by either telephone, fax, e-mail, or other electronic means at the time of mailing. At least three attempts must be made over a two-day period to notify the affected parties or until the affected parties have received the notification. Each attempt to notify affected parties must request a return response indicating that the notice has been received. Each person entitled to receive notice of the recount may attend, witness the recount, and be accompanied by counsel.

      Proceedings of the canvassing board are public under chapter 42.30 RCW. Subject to reasonable and equitable guidelines adopted by the canvassing board, all interested persons may attend and witness a recount.

      Sec. 21. RCW 29A.64.061 and 2004 c 271 s 180 are each amended to read as follows:

      Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based.

      If the nomination, election, or issue for which the recount was conducted was submitted only to the voters of a county, the canvassing board shall file the amended abstract with the original results of that election or primary.

      If the nomination, election, or issue for which a recount was conducted was submitted to the voters of more than one county, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. The secretary of state may require that the amended abstracts be certified by each canvassing board on a uniform date. An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.

      Sec. 22. RCW 29A.68.011 and 2004 c 271 s 182 are each amended to read as follows:

      Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:

      (1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or

      (2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or

      (3) The name of any person has been or is about to be wrongfully placed upon the ballots; or

      (4) A wrongful act other than as provided for in subsections (1) and (3) of this section has been performed or is about to be performed by any election officer; or

      (5) Any neglect of duty on the part of an election officer other than as provided for in subsections (1) and (3) of this section has occurred or is about to occur; or

      (6) An error or omission has occurred or is about to occur in the issuance of a certificate of election.

      An affidavit of an elector under subsections (1) and (3) ((above)) of this section when relating to a primary election must be filed with the appropriate court no later than the second Friday following the closing of the filing period for nominations for such office and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsections (1) and (3) of this section when relating to a general election must be filed with the appropriate court no later than three days following the official certification of the primary election returns and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsection (6) of this section shall be filed with the appropriate court no later than ten days following the ((issuance of a certificate of election)) official certification of the election as provided in RCW 29A.60.190, 29A.60.240, or 29A.60.250 or, in the case of a recount, ten days after the official certification of the amended abstract as provided in RCW 29A.64.061.

      NEW SECTION. Sec. 23. A new section is added to chapter 29A.84 RCW to read as follows:

      A person who knowingly destroys, alters, defaces, conceals, or discards a completed voter registration form or signed absentee or provisional ballot signature affidavit is guilty of a gross misdemeanor. This section does not apply to (1) the voter who completed the voter registration form, or (2) a county auditor or registration assistant who acts as authorized by voter registration law.

      Sec. 24. RCW 29A.84.650 and 2003 c 111 s 2131 are each amended to read as follows:

      (1) Any person who intentionally votes or attempts to vote in this state more than once at any ((primary or general or special)) election, or who intentionally votes or attempts to vote in both this state and another state at any election, is guilty of a ((gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)) class C felony.

      (2) Any person who recklessly or negligently violates this section commits a class 1 civil infraction as provided in RCW 7.80.120.

      NEW SECTION. Sec. 25. The secretary of state shall study the feasibility of requiring that the names of the top two vote-getters in primary elections of justices of the state supreme court, judges of the courts of appeals, superior courts, and district courts, and the superintendent of public instruction shall appear on the general election ballot. The study shall include a survey of how many times a judicial candidate and a candidate for superintendent of public instruction have appeared without opposition on the general election ballot from 1985 to present; the number of voters voting for these races in the primary election as opposed to voting for the same races in the general election; and if the differences in the numbers of voters voting at the primary and voting at the general election may have resulted in a different election result. The study shall also include a financial analysis of the proposed changes. The secretary of state shall report the results of the study to the appropriate committees of the legislature no later than January 31, 2006."

      Correct the title.

and the bill do pass as recommended by the conference committee.

      Signed by Senators Kastama, Berkey and Roach; Representatives Haigh, Hunt and Nixon.

MOTION

      Senator Kastama moved the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5499 be adopted.

      Senator Kastama spoke in favor of the motion.

      Senators Roach and Benton spoke against the motion.

POINT OF ORDER

Senator Kline: “I believe that the statement you just heard, ‘Some people want others to vote fraudulently,’ impugns the motives of the majority party. This is not function of a legislative debate.”

REPLY BY THE PRESIDENT

President Owen: “I would remind the members, because I know these are controversial issues, that the rules provide that you address the issues and not the personalities or the people that are on the floor.”

      Senators Schmidt, Prentice, Kline and Rasmussen spoke in favor of the motion.

      Senators Parlette, Hewitt, Mulliken and Finkbeiner spoke against the motion.

      Senators Spanel, Brandland and Franklin spoke on the motion.

POINT OF INQUIRY

Senator Honeyford: “Would the Senator from the Thirty-first District yield to a question? Thank you, Senator. I have two questions. One is, perhaps a little facetious, but on the post office wall you have the wanted posters put out by the FBI. Does that serve as a government document or a photo ID?

Senator Roach: “Well, I would think yes, because its on ...”

POINT OF ORDER

Senator Brown: “Would yielding to a question be an inadvertent way of getting around speaking once?”

REPLY BY THE PRESIDENT

President Owen: “The President was just checking on that as I believe, yes. I was just checking into that and my understanding and our understanding of the rules does not allow you to use the question and answer to get around the speaking once rule.”

POINT OF PARLIAMENTARY INQUIRY

Senator Roach: “I don’t know. I mean, are we impugning now the motives of the previous speaker who asked the question?”

REPLY BY THE PRESIDENT

President Owen: “No. We’re saying that you’ve already spoken once and you may not respond to the question.”

      The President declared the question before the Senate to be the motion by Senator Kastama that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5499 be adopted.

      The motion by Senator Kastama carried and the Report of the Conference Committee was adopted by voice vote.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5499, as recommended by the Conference Committee.

      Senator Kastama spoke in favor of final passage of the bill.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5499, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Thibaudeau, Weinstein and Zarelli - 30

      Voting nay: Senators Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Stevens and Swecker - 19

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5499, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 22, 2005

MR. PRESIDENT:

      The House had adopted the report of Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5743, and has passed the bill as recommended by the Conference Committee.

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

REPORT OF THE CONFERENCE REPORT

Engrossed Substitute Senate Bill No. 5743

April 21, 2005

MR. PRESIDENT:

MR. SPEAKER:

      We of your conference committee, to whom was referred Engrossed Substitute Senate Bill No. 5743, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 10.64 RCW to read as follows:

      When a person is convicted of a felony, the court shall require the defendant to sign a statement acknowledging that:

      (1) The defendant's right to vote has been lost due to the felony conviction;

      (2) If the defendant is registered to vote, the voter registration will be canceled;

      (3) The right to vote may be restored by:

      (a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;

      (b) A court order issued by the sentencing court restoring the right, as provided in RCW 9.92.066;

      (c) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or

      (d) A certificate of restoration issued by the governor, as provided in RCW 9.96.020; and

      (4) Voting before the right is restored is a class C felony under RCW 29A.84.660.

      Sec. 2. RCW 29A.08.010 and 2004 c 267 s 102 are each amended to read as follows:

      As used in this chapter: "Information required for voter registration" means the minimum information provided on a voter registration application that is required by the county auditor in order to place a voter registration applicant on the voter registration rolls. This information includes ((the applicant's)):

      (1) Name((, complete residence));

      (2) Residential address((,));

      (3) Date of birth((,));

      (4) Washington state driver's license number((,)) or Washington state identification card number, or the last four digits of the applicant's Social Security number((,)) if the applicant does not have a Washington state driver's license or Washington state identification card;

      (5) A signature attesting to the truth of the information provided on the application((,)); and

      (6) A check or indication in the box confirming the individual is a United States citizen.

      If the individual does not have a driver's license, state identification card, or Social Security number, the registrant must be issued a unique voter registration number ((and)) in order to be placed on the voter registration rolls. All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote. Modification of the language of the official Washington state voter registration form by the voter will not be accepted and will cause the rejection of the registrant's application.

      Sec. 3. RCW 29A.08.030 and 2004 c 267 s 104 are each amended to read as follows:

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

      (1) "Verification notice" means a notice sent by the county auditor or secretary of state to a voter registration applicant and is used to verify or collect information about the applicant in order to complete the registration. The verification notice must be designed to include a postage prepaid, preaddressed return form by which the applicant may verify or send information.

      (2) "Acknowledgement notice" means a notice sent by nonforwardable mail by the county auditor or secretary of state to a registered voter to acknowledge a voter registration transaction, which can include initial registration, transfer, or reactivation of an inactive registration. An acknowledgement notice may be a voter registration card.

      (3) "Confirmation notice" means a notice sent to a registered voter by first class forwardable mail at the address indicated on the voter's permanent registration record and to any other address at which the county auditor or secretary of state could reasonably expect mail to be received by the voter in order to confirm the voter's residence address. The confirmation notice must be designed ((so that the voter may update his or her current residence address)) to include a postage prepaid, preaddressed return form by which the registrant may verify the address information.

      Sec. 4. RCW 29A.08.107 and 2004 c 267 s 106 are each amended to read as follows:

      (1) The secretary of state must review the information provided by each voter registration applicant to ensure that ((either)) the provided driver's license number, state identification card number, or ((the)) last four digits of the Social Security number match the information maintained by the Washington department of licensing or the Social Security administration. If a match cannot be made, the secretary of state or county auditor must correspond with the applicant to resolve the discrepancy.

      (2) If the applicant fails to respond to any correspondence required in this section to confirm information provided on a voter registration application((,)) within ((thirty)) forty-five days, the applicant will not be registered to vote. The secretary of state shall forward the application to the appropriate county auditor for document storage.

      (3) Only after the secretary of state has confirmed that ((an applicant's)) the provided driver's license number, state identification card number, or ((the)) last four digits of the applicant's Social Security number match existing records with the Washington department of licensing or the Social Security administration, or determined that the applicant does not have ((either)) a driver's license number, state identification card number, or Social Security number may the applicant be placed on the official list of registered voters.

      (4) In order to prevent duplicate registration records, all complete voter registration applications must be screened against existing voter registration records in the official statewide voter registration list. If a match of an existing record is found in the official list, the record must be updated with the new information provided on the application. If the new information indicates that the voter has changed his or her county of residence, the application must be forwarded to the voter's new county of residence for processing.

      Sec. 5. RCW 29A.08.110 and 2004 c 267 s 107 are each amended to read as follows:

      (1) ((On receipt of an application for voter registration, the county auditor shall review the application to determine whether the information supplied is complete.)) An application is considered complete only if it contains the applicant's name, complete valid residence address, date of birth, ((and)) signature attesting to the truth of the information provided, a mark in the check-off box confirming United States citizenship, and an indication ((the license information)) that the provided driver's license number, state identification card number, or Social Security number has been confirmed by the secretary of state. If it is not complete, the auditor shall promptly mail a verification notice of the deficiency to the applicant. This verification notice shall require the applicant to provide the missing information. If the verification notice is not returned by the applicant within forty-five days or is returned as undeliverable ((the auditor shall not place)), the name of the applicant shall not be placed on the ((county voter)) official list of registered voters. If the applicant provides the required verified information, the applicant shall be registered to vote as of the original date of mailing ((of the original voter registration application)) or date of delivery, whichever is applicable.

      (2) ((In order to prevent duplicate registration records, all complete voter registration applications must be screened against existing voter registration records in the official statewide voter registration list. If a match of an existing record is found in the official list the record must be updated with the new information provided on the application. If the new information indicates that the voter has changed his or her county of residence, the application must be forwarded to the voter's new county of residence for processing. If the new information indicates that the voter remains in the same county of residence or if the applicant is a new voter the application must be processed by the county of residence.

      (3))) If the information required in subsection (1) of this section is complete, the applicant is considered to be registered to vote as of the original date of mailing or date of delivery, whichever is applicable. The auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record in the state voter registration list. Within forty-five days after the receipt of an application but no later than seven days before the next primary, special election, or general election, the auditor shall send to the applicant, by first class mail, an acknowledgement notice identifying the registrant's precinct and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to return to the auditor any card which is not deliverable. ((If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.

      (4))) (3) If an acknowledgement notice card is properly mailed as required by this section to the address listed by the voter as being the voter's mailing address and the notice is subsequently returned to the auditor by the postal service as being undeliverable to the voter at that address, the auditor shall promptly send the voter a confirmation notice. The auditor shall place the voter's registration on inactive status pending a response from the voter to the confirmation notice.

      NEW SECTION. Sec. 6. A new section is added to chapter 29A.08 RCW to read as follows:

      No person registering to vote, who meets all the qualifications of a registered voter in the state of Washington, shall be disqualified because of a nontraditional address being used as a residence address. Voters using such an address will be registered and assigned to a precinct based on the location provided. Voters without a traditional address will be registered at the county courthouse, city hall, or other public building near the area that the voter considers his or her residence. Registering at a nontraditional address will not disqualify a voter from requesting ongoing absentee voter status if the voter designates a valid mailing address.

      For the purposes of this section, "nontraditional address" includes shelters, parks, or other identifiable locations that the voter deems to be his or her residence.

      NEW SECTION. Sec. 7. A new section is added to chapter 29A.08 RCW to read as follows:

      (1) If a voter who registered by mail indicates on the voter registration form that he or she does not have a Washington state driver's license, Washington state identification card, or Social Security number, he or she must provide one of the following forms of identification the first time he or she votes after registering:

      (a) Valid photo identification;

      (b) A valid enrollment card of a federally recognized Indian tribe in Washington state;

      (c) A copy of a current utility bill;

      (d) A current bank statement;

      (e) A copy of a current government check;

      (f) A copy of a current paycheck; or

      (g) A government document that shows both the name and address of the voter.

      (2) If the voter fails to provide one of the above forms of identification prior to or at the time of voting, the ballot must be treated as a provisional ballot regardless of whether the voter is voting at a poll site or by mail. The ballot may only be counted if the voter's signature on the outside envelope matches the signature in the voter registration records.

      (3) The requirements of this section do not apply to an out-of-state, overseas, or service voter who registers to vote by signing the return envelope of the absentee ballot.

      Sec. 8. RCW 29A.08.115 and 2004 c 267 s 108 are each amended to read as follows:

      A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a ((designee)) county auditor at least once weekly. The registration date on such forms will be the date they are received by the secretary of state or county auditor.

      Sec. 9. RCW 29A.08.125 and 2004 c 267 s 110 are each amended to read as follows:

      (1) Each county auditor shall maintain a computer file containing a copy of each record of all registered voters within the county contained on the official statewide voter registration list for that county.

      (2) The secretary of state shall at least quarterly review and update the records of all registered voters on the official statewide voter registration data base to make additions and corrections.

      (3) The computer file must include, but not be limited to, each voter's last name, first name, middle initial, date of birth, residence address, gender, date of registration, applicable taxing district and precinct codes, and the last date on which the individual voted.

      (4) The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain all such consecutive dates.

      Sec. 10. RCW 29A.08.145 and 2004 c 267 s 113 are each amended to read as follows:

      This section establishes a special procedure which an elector may use to register to vote or transfer a voter registration by changing his or her address during the period beginning after the closing of registration for voting at the polls under RCW 29A.08.140 and ending on the fifteenth day before a primary, special election, or general election. A qualified elector in the state may register to vote or change his or her registration address in person in the office of the county auditor of the county in which the applicant resides, or at a voter registration location specifically designated for this purpose by the county auditor ((of the county in which the applicant resides)) or secretary of state, and apply for an absentee ballot for that primary or election. The auditor or registration assistant shall register that individual in the manner provided in this chapter. The application for an absentee ballot executed by the newly registered or transferred voter for the primary or election that follows the execution of the registration shall be promptly transmitted to the auditor with the completed voter registration form.

      Sec. 11. RCW 29A.08.210 and 2003 c 111 s 216 are each amended to read as follows:

      An applicant for voter registration shall complete an application providing the following information concerning his or her qualifications as a voter in this state:

      (1) The address of the last former registration of the applicant as a voter in the state;

      (2) The applicant's full name;

      (3) The applicant's date of birth;

      (4) The address of the applicant's residence for voting purposes;

      (5) The mailing address of the applicant if that address is not the same as the address in subsection (4) of this section;

      (6) The sex of the applicant;

      (7) The applicant's Washington state driver's license number or Washington state identification card number, or the last four digits of the applicant's Social Security number if he or she does not have a Washington state driver's license or Washington state identification card;

      (8) A check box for the applicant to indicate that he or she does not have a Washington state driver's license, Washington state identification card, or Social Security number;

      (9) A check box allowing the applicant to indicate that he or she is a member of the armed forces, national guard, or reserves, or that he or she is an overseas voter;

      (10) A check box allowing the applicant to confirm that he or she is at least eighteen years of age;

      (11) Clear and conspicuous language, designed to draw the applicant's attention, stating that the applicant must be a United States citizen in order to register to vote;

      (12) A check box and declaration confirming that the applicant is a citizen of the United States;

      (((8))) (13) The following warning:

      "If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, a fine of up to ten thousand dollars, or both."

      (14) The following affirmation by the applicant:

      "By signing this document, I hereby assert, under penalty of perjury, that I am legally eligible to vote. If I am found to have voted illegally, I may be prosecuted and/or fined for this illegal act. In addition, I hereby acknowledge that my name and last known address will be forwarded to the appropriate state and/or federal authorities if I am found to have voted illegally."

      (15) The oath required by RCW 29A.08.230 and a space for the applicant's signature; and

      (((9))) (16) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.

      This information shall be recorded on a single registration form to be prescribed by the secretary of state.

      If the applicant fails to provide the information required for voter registration, the auditor shall send the applicant a verification notice. The ((auditor shall not register the)) applicant may not be registered until the required information is provided. If a verification notice is returned as undeliverable or the applicant fails to respond to the notice within forty-five days, the ((auditor shall not register the)) applicant shall not be registered to vote.

      ((The following warning shall appear in a conspicuous place on the voter registration form:

      "If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both imprisonment and fine."))

      NEW SECTION. Sec. 12. A new section is added to chapter 29A.08 RCW to read as follows:

      (1) When a felony offender has completed all the requirements of his or her sentence, the county clerk shall immediately transmit this information to the secretary of state along with information about the county where the conviction occurred and the county that is the last known residence of the offender. The secretary of state shall maintain such records as part of the elections data base.

      (2) If the offender has completed all the requirements of all of his or her sentences for all of his or her felony convictions, the secretary of state shall transmit information about the restoration of the former felon's voting rights to the county auditor where the conviction took place and, if different, the county where the felon was last known to reside.

      Sec. 13. RCW 29A.08.250 and 2004 c 267 s 117 are each amended to read as follows:

      The secretary of state shall furnish registration forms necessary to carry out the registration of voters as provided by this chapter without cost to the respective counties. ((All voter registration forms must include clear and conspicuous language, designed to draw an applicant's attention, stating that the applicant must be a United States citizen in order to register to vote. Voter registration application forms must also contain a space for the applicant to provide his or her driver's license number or the last four digits of his or her social security number as well as check boxes intended to allow the voter to indicate age and United States citizenship eligibility under the Help America Vote Act of 2002 (P.L. 107-252).))

      Sec. 14. RCW 29A.08.330 and 2003 c 111 s 224 are each amended to read as follows:

      (1) The secretary of state shall prescribe the method of voter registration for each designated agency. The agency shall use either the state voter registration by mail form with a separate declination form for the applicant to indicate that he or she declines to register at this time, or the agency may use a separate form approved for use by the secretary of state.

      (2) The person providing service at the agency shall offer voter registration services to every client whenever he or she applies for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with the voter registration application as is offered to fill out the agency's forms and documents, including information about age and citizenship requirements for voter registration.

      (3) The person providing service at the agency shall determine if the prospective applicant wants to register to vote or transfer his or her voter registration by asking the following question:

      "Do you want to register to vote or transfer your voter registration?"

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

      (a) "Are you a United States citizen?"

      (b) "Are you or will you be eighteen years of age on or before the next election?"

      If the applicant answers in the affirmative to both questions, the agent shall then provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to register to vote or transfer a voter registration. If the applicant answers in the negative to either question, the agent shall not provide the applicant with a voter registration form.

      (4) If an agency uses a computerized application process, it may, in consultation with the secretary of state, develop methods to capture simultaneously the information required for voter registration during a person's computerized application process.

      (((4))) (5) Each designated agency shall provide for the voter registration application forms to be collected from each agency office at least once each week. The agency shall then forward the application forms to the secretary of state each week. The secretary of state shall forward the forms to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were received by the secretary of state.

      Sec. 15. RCW 29A.08.520 and 2004 c 267 s 126 are each amended to read as follows:

      (1) Upon receiving official notice of a person's conviction of a felony in either state or federal court, if the convicted person is a registered voter in the county, the county auditor shall cancel the defendant's voter registration. Additionally, the secretary of state in conjunction with the department of corrections, the Washington state patrol, the office of the administrator for the courts, and other appropriate state agencies shall arrange for a ((periodic)) quarterly comparison of a list of known felons with the statewide voter registration list. If a person is found on ((the department of corrections)) a felon list and the statewide voter registration list, the secretary of state or county auditor shall confirm the match through a date of birth comparison and ((cancel)) suspend the voter registration from the official state voter registration list. The canceling authority shall send ((notice of the proposed cancellation)) to the person at his or her last known voter registration address a notice of the proposed cancellation and an explanation of the requirements for restoring the right to vote once all terms of sentencing have been completed. If the person does not respond within thirty days, the registration must be canceled.

      (2) The right to vote may be restored by, for each felony conviction, one of the following:

      (a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;

      (b) A court order restoring the right, as provided in RCW 9.92.066;

      (c) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or

      (d) A certificate of restoration issued by the governor, as provided in RCW 9.96.020.

      Sec. 16. RCW 29A.08.651 and 2004 c 267 s 101 are each amended to read as follows:

      (1) The office of the secretary of state shall create and maintain a statewide voter registration data base. This data base must be a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state.

      (2) The computerized list must serve as the single system for storing and maintaining the official list of registered voters throughout the state.

      (3) The computerized list must contain the name and registration information of every legally registered voter in the state.

      (4) Under the computerized list, a unique identifier is assigned to each legally registered voter in the state.

      (5) The computerized list must be coordinated with other agency data bases within the state, including but not limited to the department of corrections, the department of licensing, ((and)) the department of health, the Washington state patrol, and the office of the administrator for the courts. The computerized list may also be coordinated with the data bases of election officials in other states.

      (6) Any election officer in the state, including any local election officer, may obtain immediate electronic access to the information contained in the computerized list.

      (7) All voter registration information obtained by any local election officer in the state must be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local officer.

      (8) The chief state election officer shall provide support, as may be required, so that local election officers are able to enter information as described in subsection (3) of this section.

      (9) The computerized list serves as the official voter registration list for the conduct of all elections.

      (10) The secretary of state has data authority on all voter registration data.

      (11) The voter registration data base must be designed to accomplish at a minimum, the following:

      (a) Comply with the Help America Vote Act of 2002 (P.L. 107-252);

      (b) Identify duplicate voter registrations;

      (c) Identify suspected duplicate voters;

      (d) Screen against the department of corrections, the Washington state patrol, and other appropriate state agency data bases to aid in the cancellation of voter registration of felons, of persons who have declined to serve on juries by virtue of not being citizens of the United States, and of persons determined to be legally incompetent to vote;

      (e) Provide up-to-date signatures of voters for the purposes of initiative signature checking;

      (f) Provide for a comparison between the voter registration data base and the department of licensing change of address data base;

      (g) Provide online access for county auditors with the goal of real time duplicate checking and update capabilities; and

      (h) Provide for the cancellation of voter registration for persons who have moved to other states and surrendered their Washington state drivers' licenses.

      (12) In order to maintain the statewide voter registration data base, the secretary of state may, upon agreement with other appropriate jurisdictions, screen against data bases maintained by election officials in other states and data bases maintained by federal agencies including, but not limited to, the federal bureau of investigation, the federal court system, the federal bureau of prisons, and the bureau of citizenship and immigration services.

      (13) The secretary of state shall retain information regarding previous successful appeals of proposed cancellations of registrations in order to avoid repeated cancellations for the same reason.

      (14) The secretary of state must review and update the records of all registered voters on the computerized list on a quarterly basis to make additions and corrections.

      Sec. 17. RCW 29A.08.710 and 2004 c 267 s 133 are each amended to read as follows:

      (1) The county auditor shall have custody of the original voter registration records for each county. The original voter registration form must be filed without regard to precinct and is considered confidential and unavailable for public inspection and copying. An automated file of all registered voters must be maintained pursuant to RCW 29A.08.125. An auditor may maintain the automated file in lieu of filing or maintaining the original voter registration forms if the automated file includes all of the information from the original voter registration forms including, but not limited to, a retrievable facsimile of each voter's signature.

      (2) The following information contained in voter registration records or files regarding a voter or a group of voters is available for public inspection and copying, except as provided in RCW 40.24.060: The voter's name, address, political jurisdiction, gender, date of birth, voting record, date of registration, and registration number. ((The address and political jurisdiction of a registered voter are available for public inspection and copying except as provided by chapter 40.24 RCW.)) No other information from voter registration records or files is available for public inspection or copying.

      Sec. 18. RCW 29A.08.720 and 2004 c 266 s 9 are each amended to read as follows:

      (1) In the case of voter registration records received through the department of licensing, the identity of the office at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. In the case of voter registration records received through an agency designated under RCW 29A.08.310, the identity of the agency at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. Any record of a particular individual's choice not to register to vote at an office of the department of licensing or a state agency designated under RCW 29A.08.310 is not available for public inspection and any information regarding such a choice by a particular individual shall not be disclosed to the public.

      (2) ((All)) Subject to the restrictions of RCW 29A.08.710, poll books ((or)), precinct lists, and current lists of registered voters((, except original voter registration forms or their images, shall be)) are public records and must be made available for public inspection and copying under such reasonable rules and regulations as the county auditor or secretary of state may prescribe. The county auditor or secretary of state shall promptly furnish current lists ((or mailing labels)) of registered voters in his or her possession, at actual reproduction cost, to any person requesting such information. The lists ((and labels)) shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the lists and labels may be used for any political purpose. The county auditor or secretary of state must provide a copy of RCW 29A.08.740 to the person requesting the material that is released under this section.

      Sec. 19. RCW 29A.08.740 and 2003 c 111 s 249 and 2003 c 53 s 176 are each reenacted and amended to read as follows:

      (1) Any person who uses registered voter data furnished under RCW 29A.08.720 ((or 29A.08.730)) for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value is guilty of a class C felony punishable by imprisonment in a state correctional facility for a period of not more than five years or a fine of not more than ten thousand dollars or both such fine and imprisonment, and is liable to each person provided such advertisement or solicitation, without the person's consent, for the nuisance value of such person having to dispose of it, which value is herein established at five dollars for each item mailed or delivered to the person's residence. However, a person who mails or delivers any advertisement, offer, or solicitation for a political purpose is not liable under this section unless the person is liable under subsection (2) of this section. For purposes of this subsection, two or more attached papers or sheets or two or more papers that are enclosed in the same envelope or container or are folded together are one item. Merely having a mailbox or other receptacle for mail on or near the person's residence is not an indication that the person consented to receive the advertisement or solicitation. A class action may be brought to recover damages under this section, and the court may award a reasonable attorney's fee to any party recovering damages under this section.

      (2) Each person furnished data under RCW 29A.08.720 ((or 29A.08.730)) shall take reasonable precautions designed to assure that the data is not used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the data may be used for any political purpose. Where failure to exercise due care in carrying out this responsibility results in the data being used for such purposes, then such person is jointly and severally liable for damages under subsection (1) of this section along with any other person liable under subsection (1) of this section for the misuse of such data.

      Sec. 20. RCW 29A.08.775 and 2004 c 267 s 136 are each amended to read as follows:

      Only voters who appear on the official statewide voter registration list are eligible to participate in elections. Each county shall maintain a copy of that county's portion of the state list. The county must ensure that data used for the production of poll lists and other lists and mailings done in the administration of each election are ((drawn from)) the same as the official statewide voter registration list.

      Sec. 21. RCW 29A.40.091 and 2004 c 271 s 135 are each amended to read as follows:

      The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The instructions that accompany an absentee ballot for a partisan primary must include instructions for voting the applicable ballot style, as provided in chapter 29A.36 RCW. The absentee voter's name and address must be printed on the larger return envelope, which must also contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she has been convicted of a felony and has not had his or her voting rights restored; and, except as otherwise provided by law, it is illegal to cast a ballot or sign an absentee envelope on behalf of another voter. The return envelope must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. It must also contain a space so that the voter may include a telephone number. A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. The return envelope must also have a secrecy flap that the voter may seal that will cover the voter's signature and optional telephone number. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.

      If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

      Sec. 22. RCW 29A.84.140 and 2003 c 111 s 2108 are each amended to read as follows:

      A person who knows that he or she does not possess the legal qualifications of a voter and who registers to vote is guilty of a ((misdemeanor punishable under RCW 9A.20.021)) class C felony.

      Sec. 23. RCW 46.20.118 and 1990 c 250 s 37 are each amended to read as follows:

      The department shall maintain a negative file. It shall contain negatives of all pictures taken by the department of licensing as authorized by RCW 46.20.070 through 46.20.119. Negatives in the file shall not be available for public inspection and copying under chapter 42.17 RCW. The department may make the file available to official governmental enforcement agencies to assist in the investigation by the agencies of suspected criminal activity. The department shall make the file available to the office of the secretary of state, at the expense of the secretary of state, to assist in maintenance of the statewide voter registration data base. The department may also provide a print to the driver's next of kin in the event the driver is deceased.

      Sec. 24. RCW 46.20.155 and 2004 c 249 s 7 are each amended to read as follows:

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

      "Do you want to register to vote or transfer your voter registration?"

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

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

      (1) "Are you a United States citizen?"

      (2) "Are you or will you be eighteen years of age on or before the next election?"

      If the applicant answers in the affirmative to both questions, the agent shall then provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to register to vote or transfer a voter registration. If the applicant answers in the negative to either question, the agent shall not provide the applicant with a voter registration form.

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

      NEW SECTION. Sec. 25. The following acts or parts of acts are each repealed:

      (1) RCW 29A.08.155 (Payment for maintenance of electronic records) and 2004 c 267 s 114 & 2003 c 111 s 215; and

      (2) RCW 29A.08.730 (Registration, voting--Furnishing data upon request--Cost--Use restricted) and 2003 c 111 s 248, 1994 c 57 s 6, & 1973 1st ex.s. c 111 s 3.

      NEW SECTION. Sec. 26. This act takes effect January 1, 2006."

      Correct the title.

And the bill do pass as recommended by the conference committee.

      Signed by Senators Kastama and Berkey; Representatives Haigh, Hunt and Nixon.

MOTION

      Senator Kastama moved the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5743 be adopted.

      Senator Kastama spoke in favor of the motion.

      Senators Carrell and Roach spoke against the motion.

MOTION

      On motion of Senator Mulliken, Senator Benton was excused.

      The President declared the question before the Senate to be the motion by Senator Kastama that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5743 be adopted.

      The motion by Senator Kastama carried and the Report of the Conference Committee was adopted by voice vote.

      Senator Kastama spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5743, as recommended by the Conference Committee.

      Senator Kastama spoke in favor of final passage of the bill.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5743, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 30

      Voting nay: Senators Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler and Stevens - 18

      Absent: Senator Zarelli - 1

      ENGROSSED SUBSTITUTE SENATE Substitute Senate BILL NO. 5743, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

PERSONAL PRIVILEGE

Senator Finkbeiner: “Thank you Mr. President, members of the Senate. You know down here we spend sometimes so much time debating issues and arguing things back and forth and obviously they can be very emotional sometimes and I think sometimes it’s sort of easy to forget our humanity here. There’s somebody here in the Senate who, in particular, who’s going to be facing some very serious challenges over the next several months. It’s somebody that I know that we all have a tremendous amount of respect for and love for. Somebody who’s, personally, taught me just a great deal about life in general about how to be a good person. I think that I just wanted to stand up convey all the best wishes and prayers and love from all the Senate to Senator Oke as he goes forward over these next several months.”

PERSONAL PRIVILEGE

Senator Brown: “Thank you Mr. President. Adding my words to that of Senator Finkbeiner. I’d like to offer from my side of the aisle, first of all, our apologies for some of the tough schedules that we’ve put you through this session. But more than that our immense gratitude to Senator Oke because he has been a real inspiration to us. Truly, the way that he has greeted each day, so courageously. The way that his spirit has given us a sense of peace and a sense of, I’ll tell you, inspiration to move forward and to try to get this session done on time. A lot of that has been because of you and because, I figure, if you can address what your addressing with such courage and grace, we should certainly do the same thing. So we also want to tell you, Bob, that we love you. And that we really appreciate everything that you’ve done for your constituents, for the state of Washington and also as part of this somewhat dysfunctional family that we in the Senate.”

      The President invited Senator Bob Oke to the bar of the Senate. On behalf of the Senate, Senators Finkbeiner and Brown presented a framed photograph of the Tacoma Narrows Bridge signed by all the members of the Senate.

REMARKS BY THE PRESIDENT

President Owen: “For those in the gallery who cannot see, the President will take a moment just to explain. This is an incredible picture of the Narrows bridge as it will look when the second bridge is in. For those of you who do not know, Senator Oke has been an incredible engineer on the effort to get this project done for the last several years. Senator Oke.”

PERSONAL PRIVILEGE

Senator Oke: “Thank you, Mr. President. Somebody brought some Kleenex here, that’s appropriate. Wow, I don’t know what to say. I just wish my bride was standing there. I hope she’s watching this. She’s in the moving mode and she thinks we’re coming back, though, next year. I pray that all of you have that strong faith.

      I watched Senator Swecker yesterday shed some tears over many issues that he had in his life. We’re all faced with challenges. I just know when I reached thirty-five, and Senator Hargrove knows where I’m coming from, the Lord completely changed my life. I was somebody that was down in the, if you will, the bottoms of this world and he picked me up and keeps bringing me up every day. I know that I’ve got some challenges in front of me but I know with yours prayers and the love I feel for all of you here that I’m going to make it through this one and I think I’ve got some years left in me. I do want to see that bridge one day, walk down the middle of it and, whether people or happy or unhappy, I know it’s going to save a lot of lives. I know it’s the right thing to do. I wish we were doing more projects like this throughout the state and not just talking about them. I guess I just want to, again, thank you. What a precious, precious day this is. One that I will remember forever. Just know that my love and respect is for this place. We’ve had some tough votes and sometimes I feel like I’ve been moving towards the other side of the aisle, but I would love a vote again here to do away with tobacco sampling – actually more important than the bridge so…. Mr. President, I know that we’re not suppose to talk about the other body, but they’ve got another day and they could still pass that bill and then that would mean more than this.”

PERSONAL PRIVILEGE

Senator Stevens: “I just wanted to add a word if I could. I think that the real toughest role in what Senator Oke is going through, is his wife. It is not easy for a wife to sit by and watch as a husband struggles. It is probably, how can say this, I’ve never been there, more difficult than what he is going through and I would just like to offer my condolences to Judy and what she must be feeling and I ask that you join me in giving her a round of applause.”

PERSONAL PRIVILEGE

Senator Deccio: “I just want to add a quick word. A couple of years ago when Senator West discovered what his problem was, I gave him a little card that I carried around since I got out of the service. It’s a prayer to St. Jude whose the advocate of the difficult and impossible. I gave that to Jim and when he was here the other day looking fit as a fiddle I said ‘Hey, did St. Jude come through for you?’ He said, ‘He sure did.’ He had a lapel jacket, he had a lapel St. Jude lapel, whatever. I gave the same thing to Senator Oke a few weeks ago and I know St. Jude has carried me through a lot of problems and I should not of being even considered. Bob, he’s going to come forward for you too.”

PERSONAL PRIVILEGE

Senator Swecker: “Well, I had a very personal story about Bob that I wanted to share. I wouldn’t be here if it wasn’t for Bob. It’s kind of a funny story. My predecessor Neil Amondson resigned half way through his term and a good friend of mine Jim Zimmerman and Bob were out duck hunting and they were sitting in a duck blind and they were talking over who, oh it was pheasant, I’m sorry. Anyway they were hunting together and they were talking over who should be encouraged to run to replace Senator Amondson and they both came up my name. Now the really funny part is they called me and I wasn’t home and they got my answering machine and they were like a couple of kids in a candy store. They were laughing and urging me to run and doing all kinds of things. It was a really remarkable story. I wish I could’ve saved that tape. It took me a whole day and a half to decide to run after that. So I’m here because of Bob and his mentorship and leadership has meant a great deal to me. Thank you, Bob.”

MOTION

      On motion of Senator Eide, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.

EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and allows for a lunch and dinner break of 90 minutes each per day during regular daily sessions.

MOTION

At 12:49 p.m., on motion of Senator Eide, the Senate was declared to be recessed until 1:45 p.m.

AFTERNOON SESSION

The Senate was called to order at 1:45 p.m. by President Owen.

MOTION

      On motion of Senator Eide, the Senate advanced to the sixth order of business.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1509, by House Committee on Finance (originally sponsored by Representatives Green, Conway, Orcutt, Appleton, Morrell, O'Brien, Lovick, McCoy, Kilmer, Kessler, McDermott, Campbell, Simpson, Hunt, Chase, P. Sullivan, Sells, Kirby, Kenney, Linville and Kagi)

      Providing a property tax exemption to widows or widowers of honorably discharged veterans. Revised for 1st Substitute: Providing a property tax exemption to widows or widowers of members of the military.

      The measure was read the second time.

MOTION

      Senator Prentice moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      On page 1, strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A person is entitled to a property tax exemption in the form of a grant as provided in this chapter. The person is entitled to assistance for the payment of all or a portion of the amount of excess and regular real property taxes imposed on the person's residence in the year in which a claim is filed in accordance with the following:

      (1) The claimant must meet all requirements for an exemption for the residence under RCW 84.36.381, other than the income limits under RCW 84.36.381.

      (2)(a) The person making the claim must be:

      (I) Sixty-two years of age or older on December 31st of the year in which the claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability; and

      (ii) A widow or widower of a veteran who:

      (A) Died as a result of a service-connected disability;

      (B) Was rated as one hundred percent disabled by the United States veterans' administration for the ten years prior to his or her death;

      (C) Was a former prisoner of war as substantiated by the United States veterans' administration and was rated as one hundred percent disabled by the United States veterans' administration for one or more years prior to his or her death; or

      (D) Died on active duty or in active training status as a member of the United States uniformed services, reserves, or national guard; and

      (b) The person making the claim must not have remarried.

      (3) The claimant must have a combined disposable income of forty thousand dollars or less.

      (4) The claimant must have owned, at the time of filing, the residence on which the real property taxes have been imposed. For purposes of this subsection, a residence owned by cotenants shall be deemed to be owned by each cotenant. A claimant who has only a share ownership in cooperative housing, a life estate, a lease for life, or a revocable trust does not satisfy the ownership requirement.

      (5) A person who otherwise qualifies under this section is entitled to assistance in an amount equal to regular and excess property taxes imposed on the difference between the value of the residence eligible for exemption under RCW 84.36.381(5) and:

      (a) The first one hundred thousand dollars of assessed value of the residence for a person who has a combined disposable income of thirty thousand dollars or less;

      (b) The first seventy-five thousand dollars of assessed value of the residence for a person who has a combined disposable income of thirty-five thousand dollars or less but greater than thirty thousand dollars; or

      (c) The first fifty thousand dollars of assessed value of the residence for a person who has a combined disposable income of forty thousand dollars or less but greater than thirty-five thousand dollars.

      (6) As used in this section:

      (a) "Veteran" has the same meaning as provided under RCW 41.04.005.

      (b) The meanings attributed in RCW 84.36.383 to the terms "residence," "combined disposable income," "disposable income," and "disability" apply equally to this section.

      NEW SECTION. Sec. 2. (1) Each claimant applying for assistance under section 1 of this act shall file a claim with the department, on forms prescribed by the department, no later than thirty days before the tax is due. The department may waive this requirement for good cause shown. The department shall supply forms to the county assessor to allow persons to apply for the program at the county assessor's office.

      (2) The claim shall designate the property to which the assistance applies and shall include a statement setting forth (a) a list of all members of the claimant's household, (b) facts establishing the eligibility under this section, and (c) any other relevant information required by the rules of the department. Each copy shall be signed by the claimant subject to the penalties as provided in chapter 9A.72 RCW for false swearing. The first claim shall include proof of the claimant's age acceptable to the department.

      (3) The following documentation shall be filed with a claim along with any other documentation required by the department:

      (a) The deceased veteran's DD 214 report of separation, or its equivalent, that must be under honorable conditions;

      (b) A copy of the applicant's certificate of marriage to the deceased;

      (c) A copy of the deceased veteran's death certificate; and

      (d) A letter from the United States veterans' administration certifying that the death of the veteran meets the requirements of section 1(2) of this act.

      The department of veterans affairs shall assist an eligible widow or widower in the preparation and submission of an application and the procurement of necessary substantiating documentation.

      (4) The department shall determine if each claimant is eligible each year. Any applicant aggrieved by the department's denial of assistance may petition the state board of tax appeals to review the denial and the board shall consider any appeals to determine (a) if the claimant is entitled to assistance and (b) the amount or portion thereof.

      NEW SECTION. Sec. 3. (1) Claims for assistance for all years following the first year may be made by filing with the department no later than thirty days before the tax is due a renewal form in duplicate, prescribed by the department, that affirms the continued eligibility of the claimant.

      (2) In January of each year, the department shall send to each claimant who has been granted assistance for the previous year renewal forms and notice to renew.

      NEW SECTION. Sec. 4. If the claimant is unable to make his or her own claim, it may be made by a duly authorized agent or by a guardian or other person charged with care of the person or property of the claimant.

      NEW SECTION. Sec. 5. If the claimant receiving assistance under section 1 of this act ceases to reside permanently on the property for which the claim is made between the date of filing the declaration and December 15th of that year, the amount of assistance otherwise allowable under section 1 of this act shall not be allowed for that portion of the year in which the claimant was not qualified, and that amount shall constitute a lien on the property in favor of the state and shall have priority as provided in chapter 84.60 RCW until repaid to the department.

      NEW SECTION. Sec. 6. (1) The department shall consult with the appropriate county assessors and county treasurers to determine the amount of assistance to which each claimant is eligible and the appropriate method of providing the assistance. The department shall pay, from amounts appropriated for this purpose, to the claimant, the claimant's mortgage company, or the county treasurer, as appropriate for each claimant, the amount of assistance to which the claimant is entitled under section 1 of this act.

      (2) The department shall request in its biennial budget request an appropriation to satisfy its obligations under this section.

      Sec. 7. RCW 82.03.130 and 1998 c 54 s 1 are each amended to read as follows:

      (1) The board shall have jurisdiction to decide the following types of appeals:

      (a) Appeals taken pursuant to RCW 82.03.190.

      (b) Appeals from a county board of equalization pursuant to RCW 84.08.130.

      (c) Appeals by an assessor or landowner from an order of the director of revenue made pursuant to RCW 84.08.010 and 84.08.060, if filed with the board of tax appeals within thirty days after the mailing of the order, the right to such an appeal being hereby established.

      (d) Appeals by an assessor or owner of an intercounty public utility or private car company from determinations by the director of revenue of equalized assessed valuation of property and the apportionment thereof to a county made pursuant to chapter 84.12 and 84.16 RCW, if filed with the board of tax appeals within thirty days after mailing of the determination, the right to such appeal being hereby established.

      (e) Appeals by an assessor, landowner, or owner of an intercounty public utility or private car company from a determination of any county indicated ratio for such county compiled by the department of revenue pursuant to RCW 84.48.075: PROVIDED, That

      (I) Said appeal be filed after review of the ratio under RCW 84.48.075(3) and not later than fifteen days after the mailing of the certification; and

      (ii) The hearing before the board shall be expeditiously held in accordance with rules prescribed by the board and shall take precedence over all matters of the same character.

      (f) Appeals from the decisions of sale price of second class shorelands on navigable lakes by the department of natural resources pursuant to RCW 79.94.210.

      (g) Appeals from urban redevelopment property tax apportionment district proposals established by governmental ordinances pursuant to RCW 39.88.060.

      (h) Appeals from interest rates as determined by the department of revenue for use in valuing farmland under current use assessment pursuant to RCW 84.34.065.

      (I) Appeals from revisions to stumpage value tables used to determine value by the department of revenue pursuant to RCW 84.33.091.

      (j) Appeals from denial of tax exemption application by the department of revenue pursuant to RCW 84.36.850.

      (k) Appeals pursuant to RCW 84.40.038(3).

      (l) Appeals pursuant to section 2 of this act.

      (2) Except as otherwise specifically provided by law hereafter, the provisions of RCW 1.12.070 shall apply to all notices of appeal filed with the board of tax appeals.

      NEW SECTION. Sec. 8. (1) The sum of ninety-three thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of revenue for the fiscal year ending June 30, 2006, to carry out the purposes of this act.

      (2) The sum of one hundred eighty-three thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of revenue for the fiscal year ending June 30, 2007, to carry out the purposes of this act.

      NEW SECTION. Sec. 9. This act applies to taxes levied for collection in 2006 and thereafter.

      NEW SECTION. Sec. 10. Sections 1 through 6 of this act constitute a new chapter in Title 84 RCW."

      Senator Prentice spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Substitute House Bill No. 1509.

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

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, on line 2 of the title, after "veterans;" strike the remainder of the title and insert "amending RCW 82.03.130; adding a new chapter to Title 84 RCW; creating a new section; and making appropriations."

MOTION

      On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1509, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice, Hewitt, Rasmussen and Roach spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1509, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1509, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 5; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 44

      Absent: Senators Johnson, Kline, McCaslin, Schoesler and Weinstein - 5

      SUBSTITUTE HOUSE BILL NO. 1509, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6129, by Senators Poulsen and Morton

      Promoting renewable energy.

      The measure was read the second time.

MOTION

Senator Poulsen moved that the following amendment by Senators Poulsen and Morton be adopted.

      On page 8, line 19, 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)"

      Senator Poulsen spoke in favor of adoption of the amendment.

MOTION

On motion of Senator Hewitt, Senators McCaslin, Weinstein and Kline were excused.

The President declared the question before the Senate to be the adoption of the amendment by Senators Poulsen and Morton on page 8, after "(17)" to Senate Bill No. 6129.

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

MOTION

      On motion of Senator Poulsen, the rules were suspended, Engrossed Senate Bill No. 6129 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6129.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6129 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Kline - 1

      ENGROSSED SENATE BILL NO. 6129, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2289, by House Committee on Appropriations (originally sponsored by Representatives Sommers and Cody)

      Relating to hospital efficiencies. Revised for 1st Substitute: Limiting hospital participation for medical assistance programs.

      The measure was read the second time.

MOTION

      On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 2289 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser and Thibaudeau spoke in favor of passage of the bill.

      Senator Pflug spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2289.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2289 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 1; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brown, Deccio, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Thibaudeau, Weinstein and Zarelli - 31

      Voting nay: Senators Benson, Brandland, Carrell, Delvin, Esser, Finkbeiner, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Sheldon and Swecker - 17

      Absent: Senator Stevens - 1

      SUBSTITUTE HOUSE BILL NO. 2289, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1019, by Representatives Campbell, Kirby, McCune, Clements, Wood, Hudgins, Simpson, Green, Morrell, Conway, P. Sullivan, Linville, B. Sullivan, McDonald, Lovick, Dunn, Chase and Ormsby

      Providing a property tax exemption to veterans with severe disabilities.

      The measure was read the second time.

MOTION

Senator Fraser moved that the following amendment by Senators Fraser and Zarelli be adopted.

      On page 1, beginning on line 15, strike all of Section 2 and insert the following:

      "Sec. 2. RCW 84.36.381 and 2004 c 270 s 1 are each amended to read as follows:

      A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:

      (1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of the time of filing: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital, nursing home, boarding home, or adult family home shall not disqualify the claim of exemption if:

      (a) The residence is temporarily unoccupied;

      (b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or

      (c) The residence is rented for the purpose of paying nursing home, hospital, boarding home, or adult family home costs;

      (2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;

      (3) The person claiming the exemption must be (a) sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of disability, or (b) a veteran of the armed forces of the United States with one hundred percent service connected disability as provided in 42 U.S.C. Sec. 423 (d)(1)(A) as amended prior to January 1, 2005. ((: PROVIDED, That any )) However, any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;

      (4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the assessment year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the assessment year by reason of the death of the person's spouse, or when other substantial changes occur in disposable income that are likely to continue for an indefinite period of time, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after such occurrences by twelve. If it is necessary to estimate income to comply with this subsection, the assessor may require confirming documentation of such income prior to May 31 of the year following application;

      (5)(a) A person who otherwise qualifies under this section and has a combined disposable income of thirty-five thousand dollars or less shall be exempt from all excess property taxes; and

      (b)(i) A person who otherwise qualifies under this section and has a combined disposable income of thirty thousand dollars or less but greater than twenty-five thousand dollars shall be exempt from all regular property taxes on the greater of fifty thousand dollars or thirty-five percent of the valuation of his or her residence, but not to exceed seventy thousand dollars of the valuation of his or her residence; or

      (ii) A person who otherwise qualifies under this section and has a combined disposable income of twenty-five thousand dollars or less shall be exempt from all regular property taxes on the greater of sixty thousand dollars or sixty percent of the valuation of his or her residence;

      (6) For a person who otherwise qualifies under this section and has a combined disposable income of thirty-five thousand dollars or less, the valuation of the residence shall be the assessed value of the residence on the later of January 1, 1995, or January 1st of the assessment year the person first qualifies under this section. If the person subsequently fails to qualify under this section only for one year because of high income, this same valuation shall be used upon requalification. If the person fails to qualify for more than one year in succession because of high income or fails to qualify for any other reason, the valuation upon requalification shall be the assessed value on January 1st of the assessment year in which the person requalifies. If the person transfers the exemption under this section to a different residence, the valuation of the different residence shall be the assessed value of the different residence on January 1st of the assessment year in which the person transfers the exemption.

      In no event may the valuation under this subsection be greater than the true and fair value of the residence on January 1st of the assessment year.

      This subsection does not apply to subsequent improvements to the property in the year in which the improvements are made. Subsequent improvements to the property shall be added to the value otherwise determined under this subsection at their true and fair value in the year in which they are made."

      Strike all of section 3.

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Fraser and Zarelli spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Zarelli on page 1, line 15 to House Bill No. 1019.

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

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, on line 3 of the title, after "84.36.379" strike "84.36.381, and 84.36.383", insert "and 84.36.381"

MOTION

      On motion of Senator Fraser, the rules were suspended, House Bill No. 1019, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of House Bill No. 1019, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1019, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Absent: Senators Doumit and Stevens - 2

      HOUSE BILL NO. 1019, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2304, by House Committee on Appropriations (originally sponsored by Representatives Sommers, McCoy and Williams)

      Recovering debts owed to the state for medical assistance.

      The measure was read the second time.

MOTION

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 43.20B RCW to read as follows:

      (1) When an individual receives medical assistance subject to recovery under this chapter and the individual is the holder of record title to real property or the purchaser under a land sale contract, the department of social and health services may present to the county auditor for recording in the deed and mortgage records of a county a request for notice of transfer or encumbrance of the real property. The department shall adopt a rule providing prior notice and hearing rights to the record title holder or purchaser under a land sale contract.

      (2) The department shall present to the county auditor for recording a termination of request for notice of transfer or encumbrance when, in the judgment of the department, it is no longer necessary or appropriate for the department to monitor transfers or encumbrances related to the real property.

      (3) The department shall adopt by rule a form for the request for notice of transfer or encumbrance and the termination of request for notice of transfer or encumbrance that, at a minimum:

      (a) Contains the name of the public assistance recipient and a departmental case identifier or other appropriate information that links the individual who is the holder of record title to real property or the purchaser under a land sale contract to the individual's public assistance records;

      (b) Contains the legal description of the real property;

      (c) Contains a mailing address for the department to receive the notice of transfer or encumbrance; and

      (d) Complies with the requirements for recording in RCW 36.18.010 for those forms intended to be recorded.

      (4) The department shall pay the recording fee required by the county clerk under RCW 36.18.010.

      (5) The request for notice of transfer or encumbrance described in this section does not affect title to real property and is not a lien on, encumbrance of, or other interest in the real property.

      NEW SECTION. Sec. 2. A new section is added to chapter 64.04 RCW to read as follows:

      (1) If the department of social and health services has filed a request for notice of transfer or encumbrance under section 1 of this act:

      (a) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance when performing a title search on real property shall disclose the presence of the request for notice of transfer or encumbrance in any report preliminary to, or any commitment to offer, a certificate of title insurance for the real property; and

      (b) Any individual who transfers or encumbers real property shall provide the department of social and health services with a notice of transfer or encumbrance. The department of social and health services shall adopt by rule a model form for notice of transfer or encumbrance to be used by a purchaser or lender when notifying the department.

      (2) If the department of social and health services has caused to be recorded a termination of request for notice of transfer or encumbrance in the deed and mortgage records under section 1 of this act, an individual transferring or encumbering the real property is not required to provide the notice of transfer or encumbrance required by subsection (1)(b) of this section.

      Sec. 3. RCW 65.04.050 and 1996 c 143 s 4 are each amended to read as follows:

      Every auditor or recording officer must keep a general index, direct and inverted. The index may be either printed on paper or produced on microfilm or microfiche, or it can be created from a computerized data base and displayed on a video display terminal. Any reference to a prior record location number may be entered in the remarks column. Any property legal description contained in the instrument must be entered in the description of property column of the general index. The direct index shall be divided into eight columns, and with heads to the respective columns, as follows: Date of reception, grantor, grantee, nature of instrument, volume and page where recorded and/or the auditor's file number, remarks, description of property, assessor's property tax parcel or account number. The auditor or recording officer shall correctly enter in such index every instrument concerning or affecting real estate which by law is required to be recorded, the names of grantors being in alphabetical order. The inverted index shall also be divided into eight columns, precisely similar, except that "grantee" shall occupy the second column and "grantor" the third, the names of grantees being in alphabetical order. The auditor or recording officer may combine the direct and indirect indexes into a single index if it contains all the information required to be contained in the separate direct and indirect indexes and the names of all grantors and grantees can be found by a person searching the combined index. For the purposes of this chapter, the term "grantor" means any person conveying or encumbering the title to any property, or any person against whom any lis pendens, judgment, notice of lien, order of sale, execution, writ of attachment, ((or)) claims of separate or community property, or notice for request of transfer or encumbrance under section 1 of this act shall be placed on record. The auditor or recording officer shall also enter in the general index, the name of the party or parties platting a town, village, or addition in the column prescribed for "grantors," describing the grantee in such case as "the public." However, the auditor or recording officer shall not receive or record any such plat or map until it has been approved by the mayor and common council of the municipality in which the property so platted is situated, or if the property be not situated within any municipal corporation, then the plat must be first approved by the county legislative authority. The auditor or recording officer shall not receive for record any plat, map, or subdivision of land bearing a name the same or similar to the name of any map or plat already on record in the office. The auditor or recording officer may establish a name reservation system to preclude the possibility of duplication of names.

      Sec. 4. RCW 6.13.080 and 1993 c 200 s 4 are each amended to read as follows:

      The homestead exemption is not available against an execution or forced sale in satisfaction of judgments obtained:

      (1) On debts secured by mechanic's, laborer's, construction, maritime, automobile repair, materialmen's or vendor's liens arising out of and against the particular property claimed as a homestead;

      (2) On debts secured (a) by security agreements describing as collateral the property that is claimed as a homestead or (b) by mortgages or deeds of trust on the premises that have been executed and acknowledged by the husband and wife or by any unmarried claimant;

      (3) On one spouse's or the community's debts existing at the time of that spouse's bankruptcy filing where (a) bankruptcy is filed by both spouses within a six-month period, other than in a joint case or a case in which their assets are jointly administered, and (b) the other spouse exempts property from property of the estate under the bankruptcy exemption provisions of 11 U.S.C. Sec. 522(d);

      (4) On debts arising from a lawful court order or decree or administrative order establishing a child support obligation or obligation to pay spousal maintenance; ((or))

      (5) On debts owing to the state of Washington for recovery of medical assistance correctly paid on behalf of an individual consistent with 42 U.S.C. Sec. 1396p; or

      (6) On debts secured by a condominium's or homeowner association's lien. In order for an association to be exempt under this provision, the association must have provided a homeowner with notice that nonpayment of the association's assessment may result in foreclosure of the association lien and that the homestead protection under this chapter shall not apply. An association has complied with this notice requirement by mailing the notice, by first class mail, to the address of the owner's lot or unit. The notice required in this subsection shall be given within thirty days from the date the association learns of a new owner, but in all cases the notice must be given prior to the initiation of a foreclosure. The phrase "learns of a new owner" in this subsection means actual knowledge of the identity of a homeowner acquiring title after June 9, 1988, and does not require that an association affirmatively ascertain the identity of a homeowner. Failure to give the notice specified in this subsection affects an association's lien only for debts accrued up to the time an association complies with the notice provisions under this subsection.

      Sec. 5. RCW 43.20B.030 and 2003 c 207 s 1 are each amended to read as follows:

      (1) Except as otherwise provided by law, including subsection (2) of this section, there will be no collection of overpayments and other debts due the department after the expiration of six years from the date of notice of such overpayment or other debt unless the department has commenced recovery action in a court of law or unless an administrative remedy authorized by statute is in place. However, any amount due in a case thus extended shall cease to be a debt due the department at the expiration of ten years from the date of the notice of the overpayment or other debt unless a court-ordered remedy would be in effect for a longer period.

      (2) There will be no collection of debts due the department after the expiration of twenty years from the date a lien is recorded pursuant to RCW 43.20B.080.

      (3) The department, at any time, may accept offers of compromise of disputed claims or may grant partial or total write-off of any debt due the department if it is no longer cost-effective to pursue. The department shall adopt rules establishing the considerations to be made in the granting or denial of a partial or total write-off of debts.

      Sec. 6. RCW 43.20B.080 and 1999 c 354 s 2 are each amended to read as follows:

      (1) The department shall file liens, seek adjustment, or otherwise effect recovery for medical assistance correctly paid on behalf of an individual consistent with 42 U.S.C. Sec. 1396p. The department shall adopt a rule providing for prior notice and hearing rights to the record title holder or purchaser under a land sale contract.

      (2) Liens may be adjusted by foreclosure in accordance with chapter 61.12 RCW.

      (3) In the case of an individual who was fifty-five years of age or older when the individual received medical assistance, the department shall seek adjustment or recovery from the individual's estate, and from nonprobate assets of the individual as defined by RCW 11.02.005, but only for medical assistance consisting of nursing facility services, home and community-based services, other services that the department determines to be appropriate, and related hospital and prescription drug services. Recovery from the individual's estate, including foreclosure of liens imposed under this section, shall be undertaken as soon as practicable, consistent with 42 U.S.C. Sec. 1396p.

      (4) The department shall apply the medical assistance estate recovery law as it existed on the date that benefits were received when calculating an estate's liability to reimburse the department for those benefits.

      (5)(a) The department shall establish procedures consistent with standards established by the federal department of health and human services and pursuant to 42 U.S.C. Sec. 1396p to waive recovery when such recovery would work an undue hardship.

      (b) Recovery of medical assistance from a recipient's estate shall not include property made exempt from claims by federal law or treaty, including exemption for tribal artifacts that may be held by individual Native Americans.

      (6) A lien authorized under ((subsections (1) through (5) of)) this section relates back to attach to any real property that the decedent had an ownership interest in immediately before death and is effective as of that date or date of recording, whichever is earlier.

      (7) The department may enforce a lien authorized under this section against a decedent's life estate or joint tenancy interest in real property held by the decedent immediately prior to his or her death. Such a lien enforced under this subsection shall not end and shall continue as provided in this subsection until the department's lien has been satisfied.

      (a) The value of the life estate subject to the lien shall be the value of the decedent's interest in the property subject to the life estate immediately prior to the decedent's death.

      (b) The value of the joint tenancy interest subject to the lien shall be the value of the decedent's fractional interest the recipient would have owned in the jointly held interest in the property had the recipient and the surviving joint tenants held title to the property as tenants in common on the date of the recipient's death.

      (c) The department may not enforce the lien provided by this subsection against a bona fide purchaser or encumbrancer that obtains an interest in the property after the death of the recipient and before the department records either its lien or the request for notice of transfer or encumbrance as provided by section 1 of this act.

      (d) The department may not enforce a lien provided by this subsection against any property right that vested prior to July 1, 2005.

      (8)(a) Subject to the requirements of 42 U.S.C. Sec. 1396p(a) and the conditions of this subsection (8), the department is authorized to file a lien against the property of an individual prior to his or her death, and to seek adjustment and recovery from the individual's estate or sale of the property subject to the lien, if:

      (i) The individual is an inpatient in a nursing facility, intermediate care facility for individuals with mental retardation, or other medical institution; and

      (ii) The department has determined after notice and opportunity for a hearing that the individual cannot reasonably be expected to be discharged from the medical institution and to return home.

      (b) If the individual is discharged from the medical facility and returns home, the department shall dissolve the lien.

      (9) The department is authorized to adopt rules to effect recovery under this section. The department may adopt by rule later enactments of the federal laws referenced in this section.

      (((8))) (10) It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery to all persons offered long-term care services subject to recovery of payments.

      (((9))) (11) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the department shall provide a written description of the community service options.

      (((10) The department of social and health services shall develop an implementation plan for notifying the client or his or her legal representative at least quarterly of the types of services used and the cost of those services (debt) that will be charged against the estate. The estate planning implementation plan shall be submitted by December 12, 1999, to the appropriate standing committees of the house of representatives and the senate, and to the joint legislative and executive task force on long-term care.))"

      Senator Prentice spoke in favor of adoption of the striking amendment.

MOTION

On motion of Senator Brandland, Senators Doumit, Stevens and Mulliken were excused.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Prentice to Substitute House Bill No. 2304.

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

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "debts;" strike the remainder of the title and insert "amending RCW 65.04.050, 6.13.080, 43.20B.030, and 43.20B.080; adding a new section to chapter 43.20B RCW; and adding a new section to chapter 64.04 RCW."

MOTION

      On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 2304, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser and Prentice spoke in favor of passage of the bill.

      Senator Pflug spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2304, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2304, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 40

      Voting nay: Senators Esser, Honeyford, Johnson, McCaslin, Morton, Pflug, Roach, Schoesler and Swecker - 9

      SUBSTITUTE HOUSE BILL NO. 2304, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1830, by House Committee on State Government Operations & Accountability (originally sponsored by Representatives Hunt, Jarrett, Morrell, McDonald, Pettigrew, Hasegawa, Eickmeyer, Clibborn, Simpson and Ericks)

      Regarding alternative public works contracting procedures. Revised for 1st Substitute: Establishing an independent oversight committee on traditional and alternative public works contracting procedures. (REVISED FOR ENGROSSED: Establishing the capital projects review board.)

      The measure was read the second time.

MOTION

      Senator Kastama moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 39.10 RCW to read as follows:

      (1) The capital projects advisory review board is created in the department of general administration to provide an evaluation of public capital projects construction processes, including the impact of contracting methods on project outcomes, and to advise the legislature on policies related to alternative public works delivery methods.

      (2)(a) The capital projects advisory review board shall consist of the following members appointed by the governor: One representative from construction general contracting; one representative from the design industries; two representatives from construction specialty subcontracting; one representative from a construction trades labor organization; one representative from the office of minority and women's business enterprises; one representative from a higher education institution; one representative from the department of general administration; and one representative of a domestic insurer authorized to write surety bonds for contractors in Washington state. All appointed members must be actively engaged in or authorized to use alternative public works contracting procedures.

      (b) Two members shall be at-large positions representing local public owners. The two at-large positions shall serve on a rotating basis to be determined and appointed by the association of Washington cities, the Washington state association of counties, and the Washington public ports association.

      (c) One member shall be a member of the public hospital district project review board, selected by that board, who shall be nonvoting.

      (d) One member shall be a member of the school district project review board, selected by that board, who shall be nonvoting.

      (e) The advisory review board shall include two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives, and two members of the senate, one from each major caucus, appointed by the president of the senate. Legislative members are nonvoting.

      (3) Members selected under subsection (2)(a) of this section shall serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term. However, in the case of the initial members, four members shall serve four-year terms, four members shall serve three-year terms, and three members shall serve a two-year term, with each of the terms expiring on June 30th of the applicable year. Appointees may be reappointed to serve more than one term.

      (4) The capital projects advisory review board chair is selected from among the appointed members by the majority vote of the voting members.

      (5) Legislative members of the capital projects advisory review board shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members of the capital projects advisory review board, including any subcommittee members, except those representing an employer or organization, shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (6) If a vacancy occurs of the appointive members of the board, the governor shall fill the vacancy for the unexpired term. Members of the board may be removed for malfeasance or misfeasance in office, upon specific written charges by the governor, under chapter 34.05 RCW.

      (7) The capital projects advisory review board shall convene as soon as practical after July 1, 2005, and may meet as often as necessary thereafter.

      (8) Capital projects advisory review board members are expected to consistently attend review board meetings. The chair of the capital projects advisory review board may ask the governor to remove any member who misses more than two meetings in any calendar year without cause.

      (9) The department of general administration shall provide staff support as may be required for the proper discharge of the function of the capital projects advisory review board.

      (10) The capital projects advisory review board may establish subcommittees as it desires and may invite nonmembers of the capital projects advisory review board to serve as committee members.

      (11) The board shall encourage participation from persons and entities not represented on the capital projects advisory review board.

      NEW SECTION. Sec. 2. A new section is added to chapter 39.10 RCW to read as follows:

      The capital projects advisory review board has the following powers and duties:

      (1) Develop and recommend to the legislature criteria that may be used to determine effective and feasible use of alternative contracting procedures;

      (2) Develop and recommend to the legislature qualification standards for general contractors bidding on alternative public works projects;

      (3) Develop and recommend to the legislature policies to further enhance the quality, efficiency, and accountability of capital construction projects through the use of traditional and alternative delivery methods in Washington, and make recommendations regarding expansion, continuation, elimination, or modification of the alternative public works contracting methods;

      (4) Evaluate the potential future use of other alternative contracting procedures including competitive negotiation contracts.

      NEW SECTION. Sec. 3. A new section is added to chapter 39.10 RCW to read as follows:

      Notwithstanding any other provision of law, and after complying with RCW 39.10.030, any city that: (1) is located in a county authorized under this chapter to use alternative public works procedures or is located in a county that is a member of the Puget Sound regional council; (2) reports in the state auditor's local government financial reporting system combined general fund, special revenue, debt service, capital projects, and enterprise funds revenues that exceed sixty million dollars; and (3) has a population greater than twenty-five thousand but less then forty-five thousand, is authorized to use the general contractor/construction manager or design-build procedure for one demonstration project valued over ten million dollars.

      All contracts authorized under this section must be entered into before March 1, 2006.

      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 appropriations act, sections 1 and 2 of this act are null and void."

      Senator Kastama spoke in favor of adoption of the committee striking amendment.

MOTION

On motion of Senator Roach, Senator Deccio was excused.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed Substitute House Bill No. 1830.

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

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "procedures;" strike the remainder of the title and insert "adding new sections to chapter 39.10 RCW; and creating a new section."

MOTION

      On motion of Senator Kastama, the rules were suspended, Engrossed Substitute House Bill No. 1830, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kastama spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1830, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1830, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Absent: Senator Doumit - 1

      Excused: Senator Deccio - 1

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1830, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2309, by House Committee on Appropriations (originally sponsored by Representative Linville)

      Modifying water right fees.

      The measure was read the second time.

MOTION

Senator Morton moved that the following amendment by Senator Morton be adopted.

      On page 5, line 6, after "required" insert "except as follows: (a) For any hydraulic works less than ten years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, there shall be no fee charged; or (b) for any hydraulic works more than ten years old, but less than twenty years old, that the department examined and approved the construction plans and specifications as to its safety when required under RCW 90.03.350, the fee charged shall not exceed the fee for a significant hazard dam"

      Senators Morton and Fraser spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Morton on page 5, line 6 to Engrossed Substitute House Bill No. 2309.

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

MOTION

      On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 2309, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Fraser spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2309, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2309, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.

      Voting yea: Senators Berkey, Brandland, Brown, Delvin, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 32

      Voting nay: Senators Benson, Benton, Carrell, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Mulliken, Parlette, Roach, Schoesler, Sheldon, Stevens and Zarelli - 16

      Excused: Senator Deccio - 1

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2309, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SECOND SUBSTITUTE HOUSE BILL NO. 1240, by House Committee on Finance (originally sponsored by Representatives Kessler and DeBolt)

      Funding the development of an automated system to process real estate excise taxes.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, Second Substitute House Bill No. 1240 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice spoke in favor of passage of the bill.

      Senator Zarelli spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1240.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1240 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 22; Absent, 0; Excused, 1.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Thibaudeau and Weinstein - 26

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22

      Excused: Senator Deccio - 1

      SECOND SUBSTITUTE HOUSE BILL NO. 1240, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 2170, by Representatives Springer, Dunshee, Clibborn and Morrell

      Concerning proceeds from the real estate excise tax.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 2170 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 2170.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2170 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Berkey, Brown, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Mulliken, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Thibaudeau and Weinstein - 32

      Voting nay: Senators Benton, Brandland, Carrell, Delvin, Finkbeiner, Johnson, McCaslin, Morton, Oke, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 16

      Excused: Senator Deccio - 1

      HOUSE BILL NO. 2170, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1441, by House Committee on Appropriations (originally sponsored by Representatives Clibborn, Morrell, Campbell, Cody, Tom, Moeller, Schual-Berke, Wallace, Grant, Williams, Lovick, Ormsby, Chase, Kessler, Kagi, Hunt, Appleton, Darneille, Upthegrove, Sells, Roberts, Conway, Miloscia, Fromhold, P. Sullivan, Santos, Takko, Green, Wood, Simpson, Hasegawa and Dickerson)

      Providing access to health insurance for children.

      The measure was read the second time.

MOTION

Senator Brandland moved that the following amendment by Senators Brandland, Rasmussen, Hargrove and Sheldon be adopted.

      On page 1, line 10, after "coverage", insert "and access to the care of physicians"

      On page 1, line 11, after "coverage", insert "and access to such care"

      On page 2, line 14, after "state." insert "The legislature intends that this shall also be accomplished by providing tax credits to physicians who serve uninsured or low income children receiving state-purchased care."

      On page 2, after line 17, insert the following:

"(3) It is also the intent of the legislature that the department of health shall develop, in consultation with the department of revenue, the department of social and health services, and the health care authority, a program to provide business and occupation tax credits for physicians who serve uninsured, or low income children receiving state-purchased care in a private practice and shall submit proposed legislation to the legislature by December 15, 2005."

      Renumber the sections consecutively and correct any internal references accordingly.

WITHDRAWAL OF AMENDMENT

On motion of Senator Brandland, the amendment by Senators Brandland, Rasmussen, Hargrove and Sheldon on page 1, line 10 to Engrossed Second Substitute House Bill No. 1441 was withdrawn.

MOTION

      On motion of Senator Keiser, the rules were suspended, Engrossed Second Substitute House Bill No. 1441 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Keiser spoke in favor of passage of the bill.

      Senator Zarelli spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1441.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1441 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brandland, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Sheldon, Shin, Spanel, Thibaudeau and Weinstein - 28

      Voting nay: Senators Benson, Benton, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Schmidt, Schoesler, Stevens, Swecker and Zarelli - 21

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1441, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1044, by House Committee on Appropriations (originally sponsored by Representative Sommers)

      Changing pension funding methodology.

      The measure was read the second time.

MOTION

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature recognizes that returns on the investment of retirement plan assets are volatile, and market volatility is reflected in variations in the funded status of the state retirement plans over time. The legislature also recognizes that the long-term liability in the plans 1 of the public employees' retirement system and the teachers' retirement system remains independent from short-term investment returns in the market. The legislature seeks to avoid contribution rate volatility that may unfairly benefit or burden particular groups of taxpayers with disproportionate responsibilities for retiring the unfunded liability in the plans 1. Therefore, it is the intent of the legislature to provide for the systematic payment of the plans 1 unfunded liability in a manner that promotes contribution rate adequacy and stability for the affected systems over time.

      NEW SECTION. Sec. 2. A new section is added to chapter 41.45 RCW to read as follows:

      (1) There shall be no suspension of those portions of the basic state and employer contribution rates that are necessary to pay for the unfunded actuarial accrued liability for plan 1 of the public employees' retirement system for the following periods: From July 1, 2005, through June 30, 2009, for the public employees' retirement system; from July 1, 2006, through June 30, 2009, for the public safety employees' retirement system; and from September 1, 2005, through August 31, 2009, for the school employees' retirement system.

      (2) There shall be no suspension of those portions of the basic state and employer contribution rates that are necessary to pay for the unfunded actuarial accrued liability for plan 1 of the teachers' retirement system for the period beginning September 1, 2005, and ending August 31, 2009.

      NEW SECTION. Sec. 3. A new section is added to chapter 41.45 RCW to read as follows:

      (1) Beginning July 1, 2009, a minimum 2.75 percent contribution is established as part of the basic state and employer contribution rate for the public employees' retirement system, to be used for the sole purpose of amortizing the unfunded actuarial accrued liability in the public employees' retirement system plan 1. This minimum contribution rate shall remain effective until the actuarial value of assets equals one hundred twenty-five percent of the actuarial accrued liability or June 30, 2024, whichever comes first.

      (2) Beginning July 1, 2009, a minimum 2.75 percent contribution is established as part of the basic state and employer contribution rate for the public safety employees' retirement system, to be used for the sole purpose of amortizing the unfunded actuarial accrued liability in the public employees' retirement system plan 1. This minimum contribution rate shall remain effective until the actuarial value of assets equals one hundred twenty-five percent of the actuarial accrued liability for the public employees' retirement system plan 1 or June 30, 2024, whichever comes first.

      (3) Beginning September 1, 2009, a minimum 2.75 percent contribution is established as part of the basic state and employer contribution rate for the school employees' retirement system, to be used for the sole purpose of amortizing the unfunded actuarial accrued liability in the public employees' retirement system plan 1. This minimum contribution rate shall remain effective until the actuarial value of assets equals one hundred twenty-five percent of the actuarial accrued liability for the public employees' retirement system plan 1 or June 30, 2024, whichever comes first.

      (4) Beginning September 1, 2009, a minimum 5.00 percent contribution is established as part of the basic state and employer contribution rate for the teachers' retirement system, to be used for the sole purpose of amortizing the unfunded actuarial accrued liability in the teachers' retirement system plan 1. This minimum contribution rate shall remain effective until the actuarial value of assets equals one hundred twenty-five percent of the actuarial accrued liability for the teachers' retirement system plan 1 or June 30, 2024, whichever comes first.

      (5) The minimum contribution rates for amortizing the unfunded liability in the plans 1 may exceed, but shall not drop below those specified in this section. Upon completion of each biennial actuarial valuation, the state actuary shall review the appropriateness of the minimum contribution rates and recommend to the legislature any adjustments as may be needed due to material changes in benefits or actuarial assumptions, methods, or experience.

      Sec. 4. RCW 41.31.020 and 1998 c 340 s 2 are each amended to read as follows:

      (((1) The gain-sharing increase amount shall be the amount of increase, rounded to the nearest cent, that can be fully funded in actuarial present value by the amount of extraordinary investment gains, if any.)) The amount of extraordinary investment gains shall be calculated as follows:

      (((a) One-half of)) (1) The sum of the value of the net assets held in trust for pension benefits in the teachers' retirement system plan 1 fund and the public employees' retirement system plan 1 fund at the close of the previous state fiscal year;

      (((b))) (2) Multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds ten percent.

      (((2) The gain-sharing increase amount for July 1998, as provided for in RCW 41.31.010, is ten cents.))

      Sec. 5. RCW 41.45.060 and 2003 c 294 s 10 and 2003 c 92 s 3 are each reenacted and amended to read as follows:

      (1) The state actuary shall provide actuarial valuation results based on the economic assumptions and asset value smoothing technique included in RCW 41.45.035 or adopted by the council under RCW 41.45.030 or 41.45.035.

      (2) Not later than September 30, 2002, and every two years thereafter, consistent with the economic assumptions and asset value smoothing technique included in RCW 41.45.035 or adopted under RCW 41.45.030 or 41.45.035, the council shall adopt and may make changes to:

      (a) A basic state contribution rate for the law enforcement officers' and fire fighters' retirement system plan 1;

      (b) Basic employer contribution rates for the public employees' retirement system, the teachers' retirement system, and the Washington state patrol retirement system to be used in the ensuing biennial period; and

      (c) A basic employer contribution rate for the school employees' retirement system for funding both that system and the public employees' retirement system plan 1.

      The contribution rates adopted by the council shall be subject to revision by the legislature.

      (3) The employer and state contribution rates adopted by the council shall be the level percentages of pay that are needed:

      (a) To fully amortize the total costs of the public employees' retirement system plan 1, the teachers' retirement system plan 1, and the law enforcement officers' and fire fighters' retirement system plan 1 not later than June 30, 2024, except as provided in subsection (5) of this section; and

      (b) To also continue to fully fund the public employees' retirement system plans 2 and 3, the teachers' retirement system plans 2 and 3, and the school employees' retirement system plans 2 and 3 in accordance with RCW 41.45.061, 41.45.067, and this section.

      (4) The aggregate actuarial cost method shall be used to calculate a combined plan 2 and 3 employer contribution rate and a Washington state patrol retirement system contribution rate.

      (5) An amount equal to the amount of extraordinary investment gains as defined in RCW 41.31.020 shall be used to shorten the amortization period for the public employees' retirement system plan 1 and the teachers' retirement system plan 1.

      (6) The council shall immediately notify the directors of the office of financial management and department of retirement systems of the state and employer contribution rates adopted. The rates shall be effective for the ensuing biennial period, subject to any legislative modifications.

      (((6))) (7) The director of the department of retirement systems shall collect the rates established in RCW 41.45.053 through June 30, 2003. Thereafter, the director shall collect those rates adopted by the council. The rates established in RCW 41.45.053, or by the council, shall be subject to revision by the council.

      Sec. 6. RCW 41.45.060 and 2004 c 242 s 39 are each amended to read as follows:

      (1) The state actuary shall provide actuarial valuation results based on the economic assumptions and asset value smoothing technique included in RCW 41.45.035 or adopted by the council under RCW 41.45.030 or 41.45.035.

      (2) Not later than September 30, 2002, and every two years thereafter, consistent with the economic assumptions and asset value smoothing technique included in RCW 41.45.035 or adopted under RCW 41.45.030 or 41.45.035, the council shall adopt and may make changes to:

      (a) A basic state contribution rate for the law enforcement officers' and fire fighters' retirement system plan 1;

      (b) Basic employer contribution rates for the public employees' retirement system, the teachers' retirement system, and the Washington state patrol retirement system to be used in the ensuing biennial period; and

      (c) A basic employer contribution rate for the school employees' retirement system and the public safety employees' retirement system for funding both those systems and the public employees' retirement system plan 1.

      The contribution rates adopted by the council shall be subject to revision by the legislature.

      (3) The employer and state contribution rates adopted by the council shall be the level percentages of pay that are needed:

      (a) To fully amortize the total costs of the public employees' retirement system plan 1, the teachers' retirement system plan 1, and the law enforcement officers' and fire fighters' retirement system plan 1 not later than June 30, 2024, except as provided in subsection (5) of this section; and

      (b) To fully fund the public employees' retirement system plans 2 and 3, the teachers' retirement system plans 2 and 3, the public safety employees' retirement system plan 2, and the school employees' retirement system plans 2 and 3 in accordance with RCW 41.45.061, 41.45.067, and this section.

      (4) The aggregate actuarial cost method shall be used to calculate a combined plan 2 and 3 employer contribution rate and a Washington state patrol retirement system contribution rate.

      (5) An amount equal to the amount of extraordinary investment gains as defined in RCW 41.31.020 shall be used to shorten the amortization period for the public employees' retirement system plan 1 and the teachers' retirement system plan 1.

      (6) The council shall immediately notify the directors of the office of financial management and department of retirement systems of the state and employer contribution rates adopted. The rates shall be effective for the ensuing biennial period, subject to any legislative modifications.

      (((6))) (7) The director shall collect those rates adopted by the council. The rates established in RCW 41.45.054, or by the council, shall be subject to revision by the legislature.

      NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

      (1) RCW 41.31.010 (Annual pension increases--Increased by gain-sharing increase amount) and 1998 c 340 s 1;

      (2) RCW 41.31A.010 (Definitions) and 2000 c 247 s 407 & 1998 c 341 s 311;

      (3) RCW 41.31A.020 (Extraordinary investment gain--Credited to member accounts--Persons eligible--Calculation of amount--Contractual right not granted) and 2003 c 294 s 4, 2000 c 247 s 408, & 1998 c 341 s 312;

      (4) RCW 41.31A.030 (Retroactive extraordinary investment gain--Credited to member accounts--Persons eligible--Calculation of amount--Contractual right not granted) and 1998 c 341 s 313; and

      (5) RCW 41.31A.040 (Retroactive extraordinary investment gain--Credited to member accounts--Persons eligible--Calculation of amount--Contractual right not granted) and 2000 c 247 s 409.

      NEW SECTION. Sec. 8. (1) Section 3 of this act takes effect July 1, 2009.

      (2) Section 6 of this act takes effect July 1, 2006.

      NEW SECTION. Sec. 9. Section 5 of this act expires July 1, 2006.

      NEW SECTION. Sec. 10. Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005.

      On page 1, line 1 of the title, after "methodology;" strike the remainder of the title and insert "amending RCW 41.31.020 and 41.45.060; reenacting and amending RCW 41.45.060; adding new sections to chapter 41.45 RCW; creating a new section; repealing RCW 41.31.010, 41.31A.010, 41.31A.020, 41.31A.030, and 41.31A.040; providing effective dates; providing an expiration date; and declaring an emergency."

      Senators Deccio and Zarelli spoke in favor of adoption of the striking amendment.

      Senators Fraser and Doumit spoke against adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Deccio to Engrossed Substitute House Bill No. 1044.

      The motion by Senator Deccio failed and the striking amendment was not adopted by voice vote.

MOTION

      On motion of Senator Prentice, the rules were suspended, Engrossed Substitute House Bill No. 1044 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Fraser spoke in favor of passage of the bill.

      Senator Zarelli spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1044.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1044 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 1; Excused, 0.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 23

      Absent: Senator Morton - 1

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1044, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      On motion of Senator Eide, the Senate reverted to the fourth order of business.

SIGNED BY THE PRESIDENT

      The President signed:

      SUBSTITUTE SENATE BILL NO. 5610,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5922,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5952.

MESSAGE FROM THE HOUSE

April 16, 2005

MR. PRESIDENT:

      The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5581, with the following amendments{s}

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. LEGISLATIVE DECLARATION. The legislature declares that promoting the health of state residents is a fundamental purpose of state government. The legislature declares it to be a clear public purpose and governmental function to promote life sciences research to foster a preventive and predictive vision of the next generation of health-related innovations, to enhance the competitive position of Washington state in this vital sector of the economy, and to improve the quality and delivery of health care for the people of Washington. The legislature finds that public support for and promotion of life sciences research will benefit the state and its residents through improved health status and health outcomes, economic development, and contributions to scientific knowledge, and such research will lead to breakthroughs and improvements that might not otherwise be discovered due to lack of existing market incentives, especially in the area of regenerative medicine. The legislature finds that public support for and promotion of life sciences research has the potential to provide cures or new treatments for many debilitating diseases that cost the state millions of dollars each year. It is appropriate and consistent with the intent of the master settlement agreement between the state and tobacco product manufacturers to invest a portion of the revenues derived therefrom by the state in life sciences research, to leverage the revenues with other funds, and to encourage cooperation and innovation among public and private institutions involved in life sciences research. The purpose of this chapter is to establish a life sciences discovery fund authority, to grant that authority the power to contract with the state to receive revenues under the master settlement agreement, and to contract with other entities to receive other funds, and to disburse those funds consistent with the purpose of this chapter. The life sciences discovery fund is intended to promote the best available research in life sciences disciplines through diverse Washington institutions and to build upon existing strengths in the area of biosciences and biomanufacturing in order to spread the economic benefits across the state. The life sciences discovery fund is also intended to foster improved health care outcomes and improved agricultural production research across this state and the world. The research investments of the life sciences discovery fund are intended to further the goals of the "Bio 21" report and to support future statewide, comprehensive strategies to lead the nation in life sciences-related research and employment.

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

      (1) "Authority" means the life sciences discovery fund authority created in this chapter.

      (2) "Board" means the governing board of trustees of the authority.

      (3) "Contribution agreement" means any agreement authorized under this chapter in which a private entity or a public entity other than the state agrees to provide to the authority contributions for the purpose of promoting life sciences research.

      (4) "Life sciences research" means advanced and applied research and development intended to improve human health, including scientific study of the developing brain and human learning and development, and other areas of scientific research and development vital to the state's economy.

      (5) "Master settlement agreement" means the national master settlement agreement and related documents entered into on November 23, 1998, by the state and the four principal United States tobacco product manufacturers, as amended and supplemented, for the settlement of litigation brought by the state against the tobacco product manufacturers.

      (6) "Public employee" means any person employed by the state of Washington or any agency or political subdivision thereof.

      (7) "Public facilities" means any public institution, public facility, public equipment, or any physical asset owned, leased, or controlled by the state of Washington or any agency or political subdivision thereof.

      (8) "Public funds" means any funds received or controlled by the state of Washington or any agency or political subdivision thereof, including, but not limited to, funds derived from federal, state, or local taxes, gifts or grants from any source, public or private, federal grants or payments, or intergovernmental transfers.

      (9) "State agreement" means the agreement authorized under this chapter in which the state provides to the authority the strategic contribution payments required to be made by tobacco product manufacturers to the state and the state's rights to receive such payments, pursuant to the master settlement agreement, for the purpose of promoting life sciences research.

      (10) "Strategic contribution payments" means the payments designated as such under the master settlement agreement, which will be made to the state in the years 2008 through 2017.

      NEW SECTION. Sec. 3. LIFE SCIENCES DISCOVERY FUND AUTHORITY--ESTABLISHED. (1) The life sciences discovery fund authority is created and constitutes a public instrumentality and agency of the state, separate and distinct from the state, exercising public and essential governmental functions.

      (2) The powers of the authority are vested in and shall be exercised by a board of trustees consisting of: Two members of either the house appropriations committee or the house committee dealing with technology issues, one from each caucus, to be appointed by the speaker of the house of representatives; two members of either the senate committee on ways and means or the senate committee dealing with technology issues, one from each caucus, to be appointed by the president of the senate; and seven members appointed by the governor with the consent of the senate, one of whom shall be appointed by the governor as chair of the authority and who shall serve on the board and as chair of the authority at the pleasure of the governor. The respective officials shall make the initial appointments no later than thirty days after the effective date of this section. The term of the trustees, other than the chair, is four years from the date of their appointment, except that the terms of three of the initial gubernatorial appointees, as determined by the governor, are for two years from the date of their appointment. A trustee appointed by the governor may be removed by the governor for cause under RCW 43.06.070 and 43.06.080. The appropriate official shall fill any vacancy on the board by appointment for the remainder of the unexpired term. The trustees appointed by the governor shall be compensated in accordance with RCW 43.03.240 and may be reimbursed, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter, subject to RCW 43.03.050 and 43.03.060. The trustees who are legislators shall be reimbursed for travel expenses in accordance with RCW 44.04.120.

      (3) Seven members of the board constitute a quorum.

      (4) The trustees shall elect a treasurer and secretary annually, and other officers as the trustees determine necessary, and may adopt bylaws or rules for their own government.

      (5) Meetings of the board shall be held in accordance with the open public meetings act, chapter 42.30 RCW, and at the call of the chair or when a majority of the trustees so requests. Meetings of the board may be held at any location within or out of the state, and trustees may participate in a meeting of the board by means of a conference telephone or similar communication equipment under RCW 23B.08.200.

      (6) The authority is subject to audit by the state auditor.

      (7) The attorney general must advise the authority and represent it in all legal proceedings.

      NEW SECTION. Sec. 4. SPECIAL TRUST POWERS. In addition to other powers and duties prescribed in this chapter, the authority is empowered to:

      (1) Use public moneys in the life sciences discovery fund, leveraging those moneys with amounts received from other public and private sources in accordance with contribution agreements, to promote life sciences research;

      (2) Solicit and receive gifts, grants, and bequests, and enter into contribution agreements with private entities and public entities other than the state to receive moneys in consideration of the authority's promise to leverage those moneys with amounts received through appropriations from the legislature and contributions from other public entities and private entities, in order to use those moneys to promote life sciences research. Nonstate moneys received by the authority for this purpose shall be deposited in the life sciences discovery fund created in section 8 of this act;

      (3) Hold funds received by the authority in trust for their use pursuant to this chapter to promote life sciences research;

      (4) Manage its funds, obligations, and investments as necessary and as consistent with its purpose including the segregation of revenues into separate funds and accounts;

      (5) Make grants to entities pursuant to contract for the promotion of life sciences research to be conducted in the state. Grant agreements shall specify deliverables to be provided by the recipient pursuant to the grant. The authority shall solicit requests for funding and evaluate the requests by reference to factors such as: (a) The quality of the proposed research; (b) its potential to improve health outcomes, with particular attention to the likelihood that it will also lower health care costs, substitute for a more costly diagnostic or treatment modality, or offer a breakthrough treatment for a particular disease or condition; (c) its potential for leveraging additional funding; (d) its potential to provide health care benefits or benefit human learning and development; (e) its potential to stimulate the health care delivery, biomedical manufacturing, and life sciences related employment in the state; (f) the geographic diversity of the grantees within Washington; (g) evidence of potential royalty income and contractual means to recapture such income for purposes of this chapter; and (h) evidence of public and private collaboration;

      (6) Create one or more advisory boards composed of scientists, industrialists, and others familiar with life sciences research; and

      (7) Adopt policies and procedures to facilitate the orderly process of grant application, review, and reward.

      NEW SECTION. Sec. 5. GENERAL POWERS--RESTRICTIONS. The authority has all the general powers necessary to carry out its purposes and duties and to exercise its specific powers. In addition to other powers specified in this chapter, the authority may: (1) Sue and be sued in its own name; (2) make and execute agreements, contracts, and other instruments, with any public or private person or entity, in accordance with this chapter; (3) employ, contract with, or engage independent counsel, financial advisors, auditors, other technical or professional assistants, and such other personnel as are necessary or desirable to implement this chapter; (4) establish such special funds, and controls on deposits to and disbursements from them, as it finds convenient for the implementation of this chapter; (5) enter into contracts with public and private entities for life sciences research to be conducted in the state; (6) adopt rules, consistent with this chapter; (7) delegate any of its powers and duties if consistent with the purposes of this chapter; (8) exercise any other power reasonably required to implement the purposes of this chapter; and (9) hire staff and pay administrative costs.

      NEW SECTION. Sec. 6. LIMITATION OF LIABILITY. Members of the board and persons acting on behalf of the authority, while acting within the scope of their employment or agency, are not subject to personal liability resulting from carrying out the powers and duties conferred on them under this chapter. Neither the state nor the authority is liable for any loss, damage, harm, or other consequence resulting directly or indirectly from grants made by the authority or by any life sciences research funded by such grants.

      NEW SECTION. Sec. 7. DISSOLUTION OF THE AUTHORITY. The authority may petition the legislature to be dissolved upon a showing that it has no reason to exist and that any assets it retains must be distributed to one or more similar entities approved by the legislature. The legislature reserves the right to dissolve the authority after its contractual obligations to its funders and grant recipients have expired.

      NEW SECTION. Sec. 8. LIFE SCIENCES DISCOVERY FUND. The life sciences discovery fund is created in the custody of the state treasurer. Only the board or the board's designee may authorize expenditures from the fund. Expenditures from the fund may be made only for purposes of this chapter. Administrative expenses of the authority, including staff support, may be paid only from the fund. Revenues to the fund consist of transfers made by the legislature from strategic contribution payments deposited in the tobacco settlement account under RCW 43.79.480, moneys received pursuant to contribution agreements entered into pursuant to section 4 of this act, moneys received from gifts, grants, and bequests, and interest earned on the fund.

      NEW SECTION. Sec. 9. By December 1, 2005, the executive director of the life sciences discovery fund authority shall explore and make recommendations to the legislature regarding the potential for the state to receive royalty income and direct it to the higher education legacy trust fund.

      NEW SECTION. Sec. 10. By December 1, 2006, the executive director of the life sciences discovery fund shall provide a report to the legislature on the anticipated return on investment to the state from the investment of public funds in the life sciences discovery fund, including potential job growth, royalty income, intellectual property rights, and other significant long-term benefits to the state.

      NEW SECTION. Sec. 11. A new section is added to chapter 82.04 RCW to read as follows:

      BUSINESS AND OCCUPATION TAX EXEMPTION. This chapter does not apply to income received by the life sciences discovery fund authority under chapter 43.-- RCW (sections 1 through 8 of this act).

      Sec. 12. RCW 43.79.480 and 2002 c 365 s 15 are each amended to read as follows:

      (1) Moneys received by the state of Washington in accordance with the settlement of the state's legal action against tobacco product manufacturers, exclusive of costs and attorneys' fees, shall be deposited in the tobacco settlement account created in this section except as these moneys are sold or assigned under chapter 43.340 RCW.

      (2) The tobacco settlement account is created in the state treasury. Moneys in the tobacco settlement account may only be transferred to the health services account for the purposes set forth in RCW 43.72.900, and to the tobacco prevention and control account for purposes set forth in this section. The legislature shall transfer amounts received as strategic contribution payments as defined in section 2 of this act to the life sciences discovery fund created in section 8 of this act.

      (3) The tobacco prevention and control account is created in the state treasury. The source of revenue for this account is moneys transferred to the account from the tobacco settlement account, investment earnings, donations to the account, and other revenues as directed by law. Expenditures from the account are subject to appropriation.

      Sec. 13. RCW 42.30.110 and 2003 c 277 s 1 are each amended to read as follows:

      (1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting:

      (a) To consider matters affecting national security;

      (b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;

      (c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;

      (d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;

      (e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;

      (f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;

      (g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;

      (h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;

      (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.

      This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:

      (A) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party;

      (B) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or

      (C) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency;

      (j) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public;

      (k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information;

      (l) To consider proprietary or confidential nonpublished information related to the development, acquisition, or implementation of state purchased health care services as provided in RCW 41.05.026;

      (m) To consider in the case of the life sciences discovery fund authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information.

      (2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer.

      NEW SECTION. Sec. 14. A new section is added to chapter 41.06 RCW to read as follows:

      In addition to the exemptions set forth in RCW 41.06.070, this chapter does not apply to employees of the life sciences discovery fund authority under chapter 43.-- RCW (sections 1 through 8 of this act).

      Sec. 15. RCW 42.17.310 and 2003 1st sp.s. c 26 s 926, 2003 c 277 s 3, and 2003 c 124 s 1 are each reenacted and amended to read as follows:

      (1) The following are exempt from public inspection and copying:

      (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

      (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

      (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

      (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

      (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

      (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

      (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

      (h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

      (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

      (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

      (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

      (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

      (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

      (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

      (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

      (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

      (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

      (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

      (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

      (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

      (u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.

      (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.

      (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

      (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

      (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

      (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

      (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

      (bb) Financial and valuable trade information under RCW 51.36.120.

      (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

      (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

      (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

      (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

      (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

      (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.

      (ii) Personal information in files maintained in a data base created under RCW 43.07.360.

      (jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.

      (kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.

      (ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.

      (mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.

      (nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.

      (oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.

      (pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.

      (qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.

      (rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).

      (ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.

      (tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.

      (uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.

      (vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.

      (ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:

      (i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and

      (ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.

      (xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.

      (yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:

      (i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;

      (ii) Radio frequencies used in, or locational data generated by, telemetry studies; or

      (iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:

      (A) The species has a known commercial or black market value;

      (B) There is a history of malicious take of that species; or

      (C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.

      (zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:

      (i) Government agencies concerned with the management of fish and wildlife resources;

      (ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and

      (iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.

      (aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.

      (ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.

      (iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.

      (iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.

      (bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.

      (ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.

      (ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.

      (eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.

      (fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.

      (ggg) Proprietary information deemed confidential for the purposes of section 923, chapter 26, Laws of 2003 1st sp. sess.

      (hhh) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under chapter 43.-- RCW (sections 1 through 8 of this act), to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information.

      (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

      (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

      (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

      Sec. 16. RCW 42.17.310 and 2003 c 277 s 3 and 2003 c 124 s 1 are each reenacted and amended to read as follows:

      (1) The following are exempt from public inspection and copying:

      (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

      (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

      (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

      (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

      (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

      (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

      (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

      (h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

      (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

      (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

      (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

      (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

      (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

      (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

      (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

      (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

      (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

      (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

      (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

      (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

      (u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.

      (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.

      (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

      (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

      (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

      (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

      (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

      (bb) Financial and valuable trade information under RCW 51.36.120.

      (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

      (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

      (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

      (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

      (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

      (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.

      (ii) Personal information in files maintained in a data base created under RCW 43.07.360.

      (jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.

      (kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.

      (ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.

      (mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.

      (nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.

      (oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.

      (pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.

      (qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.

      (rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).

      (ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.

      (tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.

      (uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.

      (vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.

      (ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:

      (i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and

      (ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.

      (xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.

      (yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:

      (i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;

      (ii) Radio frequencies used in, or locational data generated by, telemetry studies; or

      (iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:

      (A) The species has a known commercial or black market value;

      (B) There is a history of malicious take of that species; or

      (C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.

      (zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:

      (i) Government agencies concerned with the management of fish and wildlife resources;

      (ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and

      (iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.

      (aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.

      (ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.

      (iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.

      (iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.

      (bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.

      (ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.

      (ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.

      (eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.

      (fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.

      (ggg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under chapter 43.-- RCW (sections 1 through 8 of this act), to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information.

      (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

      (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

      (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

      Sec. 17. RCW 42.17.2401 and 2001 c 36 s 1 and 2001 c 9 s 1 are each reenacted and amended to read as follows:

      For the purposes of RCW 42.17.240, the term "executive state officer" includes:

      (1) The chief administrative law judge, the director of agriculture, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of ecology, the commissioner of employment security, the ((chairman)) chair of the energy facility site evaluation council, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

      (2) Each professional staff member of the office of the governor;

      (3) Each professional staff member of the legislature; and

      (4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, executive ethics board, forest practices appeals board, forest practices board, gambling commission, life sciences discovery fund authority board of trustees, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, commission on judicial conduct, legislative ethics board, liquor control board, lottery commission, marine oversight board, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board, salmon recovery funding board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

      Sec. 18. RCW 43.79A.040 and 2004 c 246 s 8 and 2004 c 58 s 10 are each reenacted and amended to read as follows:

      (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

      (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

      (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

      (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and fire fighters' plan 2 expense fund, the local tourism promotion account, the produce railcar pool account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund account, the Washington horse racing commission class C purse fund account, ((and)) the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), and the life sciences discovery fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

      (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

      NEW SECTION. Sec. 19. CAPTIONS. Captions used in this act are not any part of the law.

      NEW SECTION. Sec. 20. LIBERAL CONSTRUCTION. This act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed.

      NEW SECTION. Sec. 21. CODIFICATION. Sections 1 through 8 of this act constitute a new chapter in Title 43 RCW.

      NEW SECTION. Sec. 22. SEVERABILITY. 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.

      NEW SECTION. Sec. 23. EXPIRATION DATES. Section 15 of this act expires June 30, 2005.

      NEW SECTION. Sec. 24. EFFECTIVE DATE. 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, except for section 16 of this act, which takes effect June 30, 2005."

      Correct the title.

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTIONS

Senator Kohl-Welles moved that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5581.

      Senator Zarelli moved that the Senate do not concur and that the Senate insist on its position to Engrossed Second Substitute Senate Bill No. 5581.

REPLY BY THE PRESIDENT

      President Owen: “Senator Zarelli, the motion to concur is of higher rank.”

      Senator Zarelli spoke against the motion by Senator Kohl-Welles.

      Senators Kohl-Welles and Brown spoke in favor of the motion.

POINT OF INQUIRY

      Senator Benton: “Will the gentle lady from the Thirty-sixth District yield to a question?”

      Senator Kohl-Welles: “No, I will not.”

      Senators Benton, Schoesler, Pflug, Parlette, Hargrove and Mulliken spoke against the motion.

MOTION

      Senator Jacobsen demanded that the previous question be put.

      The President declared that at least two additional senators joined the demand and the demand was sustained.

      The President declared the question before the Senate to be, “Shall the main question be now put?”

      The motion by Senator Jacobsen that the previous question be put carried by voice vote.

The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5581.

MOTION

      A division was demanded.

      The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5581 by a rising voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5581, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5581, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brown, Delvin, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Shin, Spanel, Thibaudeau and Weinstein - 25

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Doumit, Esser, Finkbeiner, Hargrove, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Stevens, Swecker and Zarelli - 24

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5581, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5177, with the following amendments{s}:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 36.73 RCW to read as follows:

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

      (1) "District" means a transportation benefit district created under this chapter.

      (2) "City" means a city or town.

      (3) "Transportation improvement" means a project contained in the transportation plan of the state or a regional transportation planning organization that is of statewide or regional significance. A project may include investment in new or existing highways of statewide significance, principal arterials of regional significance, high-capacity transportation, public transportation, and other transportation projects and programs of regional or statewide significance including transportation demand management. Projects may also include the operation, preservation, and maintenance of these facilities or programs. Not more than forty percent of the revenues generated by a district may be expended on city streets, county roads, existing highways other than highways of statewide significance, and the creation of a new highway that intersects with a highway of statewide significance.

      Sec. 2. RCW 36.73.010 and 1987 c 327 s 1 are each amended to read as follows:

      The legislature finds that the citizens of the state can benefit by cooperation of the public and private sectors in addressing transportation needs. This cooperation can be fostered through enhanced capability for cities, towns, and counties to make and fund transportation improvements necessitated by economic development and to improve the performance of the transportation system.

      It is the intent of the legislature to encourage joint efforts by the state, local governments, and the private sector to respond to the need for those transportation improvements on state highways, county roads, and city streets. This goal can be better achieved by allowing cities, towns, and counties to establish transportation benefit districts in order to respond to the special transportation needs and economic opportunities resulting from private sector development for the public good. The legislature also seeks to facilitate the equitable participation of private developers whose developments may generate the need for those improvements in the improvement costs.

      Sec. 3. RCW 36.73.020 and 1989 c 53 s 1 are each amended to read as follows:

      (1) The legislative authority of a county or city may establish ((one or more)) a transportation benefit district((s)) within the county or city area or within the area specified in subsection (2) of this section, for the purpose of acquiring, constructing, improving, providing, and funding ((any city street, county road, or state highway)) a transportation improvement within the district that is (((1))) consistent with any existing state, regional, and local transportation plans((, (2))) and necessitated by existing or reasonably foreseeable congestion levels ((attributable to economic growth, and (3) partially funded by local government or private developer contributions, or a combination of such contributions)). ((Such)) The transportation improvements shall be owned by the county of jurisdiction if located in an unincorporated area, by the city of jurisdiction if located in an incorporated area, or by the state in cases where the transportation improvement is or becomes a state highway((; and all such)). However, if deemed appropriate by the governing body of the transportation benefit district, a transportation improvement may be owned by a participating port district or transit district, unless otherwise prohibited by law. Transportation improvements shall be administered and maintained as other public streets, roads, ((and)) highways, and transportation improvements. ((The district may not include any area within the corporate limits of a city unless the city legislative authority has agreed to the inclusion pursuant to chapter 39.34 RCW. The agreement shall specify the area and such powers as may be granted to the benefit district.)) To the extent practicable, the district shall consider the following criteria when selecting transportation improvements:

      (a) Reduced risk of transportation facility failure and improved safety;

      (b) Improved travel time;

      (c) Improved air quality;

      (d) Increases in daily and peak period trip capacity;

      (e) Improved modal connectivity;

      (f) Improved freight mobility;

      (g) Cost-effectiveness of the investment;

      (h) Optimal performance of the system through time; and

      (i) Other criteria, as adopted by the governing body.

      (2) The district may include area within more than one county, city, port district, county transportation authority, or public transportation benefit area, if the legislative authority of each participating jurisdiction has agreed to the inclusion as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW. However, the boundaries of the district shall include all territory within the boundaries of the participating jurisdictions comprising the district.

      (3) The members of the ((county)) legislative authority proposing to establish the district, acting ex officio and independently, shall ((compose)) constitute the governing body of the district: PROVIDED, That where a ((transportation benefit)) district includes ((any portion of an incorporated city, town, or another county, the district may be governed as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW)) area within more than one jurisdiction under subsection (2) of this section, the district shall be governed under an interlocal agreement adopted pursuant to chapter 39.34 RCW. However, the governing body shall be composed of at least five members including at least one elected official from the legislative authority of each participating jurisdiction.

      (4) The ((county)) treasurer of the jurisdiction proposing to establish the district shall act as the ex officio treasurer of the district, unless an interlocal agreement states otherwise.

      (5) The electors of the district shall all be registered voters residing within the district. ((For purposes of this section, the term "city" means both cities and towns.))

      Sec. 4. RCW 36.73.040 and 1989 c 53 s 3 are each amended to read as follows:

      (1) A transportation benefit district is a quasi-municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

      (2) A transportation benefit district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the jurisdiction that established the district ((shall)) apply to the district.

      (3) To carry out the purposes of this chapter, and subject to the provisions of section 17 of this act, a district is authorized to impose the following taxes, fees, charges, and tolls:

      (a) A sales and use tax in accordance with section 15 of this act;

      (b) A vehicle fee in accordance with section 16 of this act;

      (c) A fee or charge in accordance with RCW 36.73.120. However, if a county or city within the district area is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district. Developments consisting of less than twenty residences are exempt from the fee or charge under RCW 36.73.120; and

      (d) Vehicle tolls on state routes or federal highways, city streets, or county roads, within the boundaries of the district, unless otherwise prohibited by law. The department of transportation shall administer the collection of vehicle tolls authorized on state routes or federal highways, unless otherwise specified in law or by contract, and the state transportation commission, or its successor, may approve, set, and impose the tolls in amounts sufficient to implement the district's transportation improvement finance plan. The district shall administer the collection of vehicle tolls authorized on city streets or county roads, and shall set and impose, only with approval of the transportation commission, or its successor, the tolls in amounts sufficient to implement the district's transportation improvement plan.

      Sec. 5. RCW 36.73.050 and 1987 c 327 s 5 are each amended to read as follows:

      (1) ((A city or county)) The legislative ((authority)) authorities proposing to establish a ((transportation benefit)) district, or to modify the boundaries of an existing district, or to dissolve an existing district((,)) shall conduct a hearing at the time and place specified in a notice published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the proposed district. Subject to the provisions of section 19 of this act, the legislative ((authority)) authorities shall make provision for a district to be automatically dissolved when all indebtedness of the district has been retired and anticipated responsibilities have been satisfied. This notice shall be in addition to any other notice required by law to be published. The notice shall, where applicable, specify the functions or activities proposed to be provided or funded, or the additional functions or activities proposed to be provided or funded, by the district. Additional notice of the hearing may be given by mail, by posting within the proposed district, or in any manner the ((city or county)) legislative ((authority deems)) authorities deem necessary to notify affected persons. All hearings shall be public and the ((city or county)) legislative ((authority)) authorities shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the district.

      (2) Following the hearing held pursuant to subsection (1) of this section, the ((city or county)) legislative ((authority)) authorities may establish a ((transportation benefit)) district, modify the boundaries or functions of an existing district, or dissolve an existing district, if the ((city or county)) legislative ((authority finds)) authorities find the action to be in the public interest and ((adopts)) adopt an ordinance providing for the action. The ordinance establishing a district shall specify the functions or activities to be exercised or funded and establish the boundaries of the district. ((A district shall include only those areas which can reasonably be expected to benefit from improvements to be funded by the district.)) Subject to the provisions of section 18 of this act, functions or activities proposed to be provided or funded by the district may not be expanded beyond those specified in the notice of hearing, unless additional notices are made, further hearings on the expansion are held, and further determinations are made that it is in the public interest to so expand the functions or activities proposed to be provided or funded.

      (((3) At any time before the city or county legislative authority establishes a transportation benefit district pursuant to this section, all further proceedings shall be terminated upon the filing of a verified declaration of termination signed by the owners of real property consisting of at least sixty percent of the assessed valuation in the proposed district.))

      Sec. 6. RCW 36.73.060 and 1987 c 327 s 6 are each amended to read as follows:

      (1) A ((transportation benefit)) district may levy an ad valorem property tax in excess of the one percent limitation upon the property within the district for a one-year period whenever authorized by the voters of the district pursuant to RCW 84.52.052 and Article VII, section 2(a) of the state Constitution.

      (2) A district may provide for the retirement of voter-approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies in excess of the one percent limitation whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056.

      Sec. 7. RCW 36.73.070 and 1987 c 327 s 7 are each amended to read as follows:

      (1) To carry out the purposes of this chapter and notwithstanding RCW 39.36.020(1), a ((transportation benefit)) district may issue general obligation bonds, not to exceed an amount, together with any other outstanding nonvoter-approved general obligation indebtedness, equal to ((three-eighths of)) one and one-half percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015. A district may additionally issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to ((one and one-fourth)) five percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the district pursuant to Article VIII, section 6 of the state Constitution, and ((to)) may also provide for the retirement thereof by excess property tax levies as provided in RCW 36.73.060(2). The district may, if applicable, submit a single proposition to the voters that, if approved, authorizes both the issuance of the bonds and the bond retirement property tax levies.

      (2) General obligation bonds with a maturity in excess of forty years shall not be issued. The governing body of the ((transportation benefit)) district shall by resolution determine for each general obligation bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued.

      (3) Whenever general obligation bonds are issued to fund specific projects or enterprises that generate revenues, charges, user fees, or special assessments, the ((transportation benefit)) district ((which issues the bonds)) may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. The district may also pledge any other revenues that may be available to the district.

      (4) In addition to general obligation bonds, a district may issue revenue bonds to be issued and sold in accordance with chapter 39.46 RCW.

      Sec. 8. RCW 36.73.080 and 1987 c 327 s 8 are each amended to read as follows:

      (1) A ((transportation benefit)) district may form a local improvement district to provide any transportation improvement it has the authority to provide, impose special assessments on all property specially benefited by the transportation improvements, and issue special assessment bonds or revenue bonds to fund the costs of the transportation improvement. Local improvement districts shall be created and administered, and assessments shall be made and collected, in the manner and to the extent provided by law to cities and towns pursuant to chapters 35.43, 35.44, 35.49, 35.50, 35.51, 35.53, and 35.54 RCW. However, the duties devolving upon the city or town treasurer under these chapters shall be imposed upon the district treasurer for the purposes of this section. A local improvement district may only be formed under this section pursuant to the petition method under RCW 35.43.120 and 35.43.125.

      (2) The governing body of a ((transportation benefit)) district shall by resolution establish for each special assessment bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond the date of issue. Special assessment bonds issued pursuant to this section shall not be an indebtedness of the ((transportation benefit)) district issuing the bonds, and the interest and principal on the bonds shall only be payable from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund that the ((transportation benefit)) district has created. The owner or bearer of a special assessment bond or any interest coupon issued pursuant to this section shall not have any claim against the ((transportation benefit)) district arising from the bond or coupon except for the payment from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund the ((transportation benefit)) district has created. The district issuing the special assessment bonds is not liable to the owner or bearer of any special assessment bond or any interest coupon issued pursuant to this section for any loss occurring in the lawful operation of its local improvement guaranty fund. The substance of the limitations included in this subsection (2) shall be plainly printed, written, or engraved on each special assessment bond issued pursuant to this section.

      (3) Assessments shall reflect any credits given by a ((transportation benefit)) district for real property or property right donations made pursuant to RCW 47.14.030.

      (4) The governing body may establish, administer, and pay ((moneys)) money into a local improvement guaranty fund, in the manner and to the extent provided by law to cities and towns under chapter 35.54 RCW, to guarantee special assessment bonds issued by the ((transportation benefit)) district.

      Sec. 9. RCW 36.73.100 and 1987 c 327 s 10 are each amended to read as follows:

      (1) The proceeds of any bond issued pursuant to RCW 36.73.070 or 36.73.080 may be used to pay costs incurred on ((such)) a bond issue related to the sale and issuance of the bonds. ((Such)) These costs include payments for fiscal and legal expenses, obtaining bond ratings, printing, engraving, advertising, and other similar activities.

      (2) In addition, proceeds of bonds used to fund capital projects may be used to pay the necessary and related engineering, architectural, planning, and inspection costs.

      Sec. 10. RCW 36.73.110 and 1987 c 327 s 11 are each amended to read as follows:

      A ((transportation benefit)) district may accept and expend or use gifts, grants, and donations.

      Sec. 11. RCW 36.73.120 and 1988 c 179 s 7 are each amended to read as follows:

      (1) ((A transportation benefit)) Subject to the provisions in section 17 of this act, a district may impose a fee or charge on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance ((thereto)), or on the development, subdivision, classification, or reclassification of land, only if done in accordance with chapter 39.92 RCW.

      (2) Any fee or charge imposed under this section shall be used exclusively for transportation improvements constructed by a ((transportation benefit)) district. The fees or charges ((so)) imposed must be reasonably necessary as a result of the impact of development, construction, or classification or reclassification of land on identified transportation needs.

      (3) ((When fees or charges are imposed by a district within which there is more than one city or both incorporated and unincorporated areas, the legislative authority for each city in the district and the county legislative authority for the unincorporated area must approve the imposition of such fees or charges before they take effect.)) If a county or city within the district area is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district.

      (4) Developments consisting of less than twenty residences are exempt from the fee or charge under this section.

      Sec. 12. RCW 36.73.130 and 1987 c 327 s 13 are each amended to read as follows:

      A ((transportation benefit)) district may exercise the power of eminent domain to obtain property for its authorized purposes in the same manner as authorized for the city or county legislative authority that established the district.