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FIFTY SEVENTH LEGISLATURE - REGULAR SESSION

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FIFTH DAY

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House Chamber, Olympia, Friday, January 18, 2002

The House was called to order at 10:00 a.m. by the Speaker. The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Amy Pollum and Andrew Easling. Prayer was offered by Representative Dave Quall.

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

MESSAGE FROM THE SENATE

January 17, 2002

Mr. Speaker:

The President has signed

SENATE BILL NO. 6296,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

SIGNED BY THE SPEAKER

The Speaker signed:

SENATE BILL NO. 6296,

RESOLUTION

HOUSE RESOLUTION NO. 2002-4678, by Representatives Rockefeller, Haigh, Woods, Orcutt, Buck, Ballasiotes, Casada, Lantz, Sommers, Jackley, Simpson, Eickmeyer, Jarrett, Talcott, Fromhold, Veloria, Ogden, Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Berkey, Boldt, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Chopp, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Ericksen, Esser, Fisher, Gombosky, Grant, Hankins, Hatfield, Holmquist, Hunt, Hurst, Kagi, Kenney, Kessler, Kirby, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Pearson, Pflug, Quall, Reardon, Roach, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Skinner, Sullivan, Sump, Tokuda, Upthegrove, Van Luven and Wood

WHEREAS, It is the tradition of the Washington State House of Representatives to honor those who serve in our armed forces, risking their lives to protect our own and our nation; and

WHEREAS, Two Bremerton-based Navy vessels, the aircraft carrier USS Carl Vinson and the fast combat support ship USS Sacramento left Washington on July 23, 2001, anticipating one hundred eighty days of routine deployment to implement a no-fly zone over southern Iraq; and

WHEREAS, The unconscionable terrorist attacks on our country September 11, 2001, changed the length of deployment; and

WHEREAS, After the attacks, the USS Carl Vinson moved into position in the North Arabian Sea near Afghanistan and set up for a safe-keeping mission that may have been the most arduous in this ship's history; and

WHEREAS, The USS Carl Vinson stayed on station longer and undertook extraordinary defense actions, and had a crew and air wing of six thousand committed men and women who worked twelve to fifteen hours a day, seven days a week; and

WHEREAS, The first efforts to serve and protect our nation from future terrorist attacks came from the USS Carl Vinson; and

WHEREAS, The USS Sacramento provided the critical support that the USS Carl Vinson needed to carry out its security assignment; and

WHEREAS, As naval forces from the United States, Great Britain, Australia, Canada, Italy, and Japan arrived in the waters off Pakistan, the USS Sacramento became one of the most significant assets restoring our nation's hope for safety, completing a total of one hundred sixty-eight alongside replenishments with forty-three different ships, transferring more than thirty-four million gallons of fuel and thousands of pallets of food, stores, parts, and mail; and

WHEREAS, Practically every gallon of fuel used by, and all defense actions taken to protect our citizens, from a USS Carl Vinson jet came from the USS Sacramento; and

WHEREAS, After seventy-three days in support of "Operation Enduring Freedom," in addition to more than one hundred days at sea elsewhere - and after traveling 51,343.2 nautical miles, the equivalent of more than two times around the world, the USS Carl Vinson and the USS Sacramento are headed home this month; and

WHEREAS, Those on board the USS Carl Vinson and the USS Sacramento are heroes and an inspiration to others; and

WHEREAS, All residents of Washington appreciate their dedication and the sacrifices they have made for the good of us all;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize the selfless service of the officers and crews of the USS Carl Vinson and the USS Sacramento and welcome them home; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Captain Steven R. Kremer, Commanding Officer of Naval Station Bremerton, Captain Richard B. Wren, Commanding Officer of the USS Carl Vinson, and Captain J.D. Cloyd, Commanding Officer of the USS Sacramento.

Representative Rockefeller moved the adoption of the resolution.

Representatives Rockefeller, Woods, Lantz, Jackley and Cairnes spoke in favor of the adoption of the resolution.

House Resolution No. 4678 was adopted.

With the consent of the House, all members' names were added to the resolution.

INTRODUCTION & FIRST READING

HB 2471 by Representatives Esser, Lantz and Casada; by request of Administrator for the Courts

AN ACT Relating to the methodology of determining the number of district court judges; and amending RCW 3.34.020.

Referred to Committee on Judiciary.

HB 2472 by Representatives Lantz and Esser; by request of Administrator for the Courts

AN ACT Relating to the administrative office of the courts; amending RCW 2.14.110, 2.43.020, 2.43.030, 2.43.070, 2.56.010, 2.56.020, 2.56.030, 2.56.120, 2.56.150, 2.68.020, 2.70.050, 3.46.030, 3.50.020, 3.66.010, 3.66.070, 9.73.230, 9.94A.660, 9.94A.850, 9.94A.855, 10.64.120, 10.98.080, 10.98.100, 10.98.160, 13.34.102, 13.64.080, 13.70.130, 26.12.177, 26.12.802, 26.12.804, 26.18.210, 26.18.220, 26.19.011, 26.19.035, 26.19.050, 26.26.065, 26.50.030, 26.50.035, 35.20.030, 36.01.050, 36.18.018, 43.70.540, 43.101.280, 46.20.286, 74.14C.100, 74.20A.340, and 82.14.310; amending 2000 c 111 s 8 (uncodified); amending 1983 c 199 s 2 (uncodified); and reenacting and amending RCW 43.08.250.

Referred to Committee on Judiciary.

HB 2473 by Representatives Tokuda, Boldt, Dickerson, Kenney, Ogden, Chase, Dunn, Veloria, McDermott and Fromhold; by request of Governor Locke

AN ACT Relating to the governance of the Washington state school for the deaf; amending RCW 72.40.010, 72.40.022, 72.42.010, 72.42.020, 72.42.040, and 72.42.070; and adding a new section to chapter 72.40 RCW.

Referred to Committee on Children & Family Services.

HB 2474 by Representatives Carrell, O'Brien, Holmquist, Ballasiotes, Mielke, Darneille, Roach, Simpson, Campbell, Morell, Sullivan, Barlean, Esser, Conway, Talcott, Eickmeyer, Kirby, Boldt, Jarrett, Cox, Woods, Mulliken, Sump, Bush, Ahern, Schoesler, Delvin, Lisk, Orcutt, Schmidt, Edwards, Jackley, Nixon, Anderson, Lovick and Alexander

AN ACT Relating to attempting to elude a pursuing police vehicle; amending RCW 46.20.285, 46.20.311, 46.61.024, 46.61.520, and 46.61.522; reenacting and amending RCW 9.94A.515; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

HB 2475 by Representatives O'Brien, Sommers, Lovick, Lantz, Kagi, McIntire, Edwards and Kenney; by request of Department of Corrections

AN ACT Relating to sentencing of offenders; amending RCW 9.94A.525, 9.92.151, 9.94A.728, and 70.48.210; reenacting and amending RCW 9.94A.515 and 9.94A.030; prescribing penalties; and providing an effective date.

Referred to Committee on Criminal Justice & Corrections.

HB 2476 by Representatives Lovick, O'Brien, Ballasiotes, Edwards, Ogden and Kenney; by request of Department of Corrections, Indeterminate Sentence Review Board and Department of Social and Health Services

AN ACT Relating to information concerning mental health services provided to offenders; and amending RCW 71.34.225 and 71.05.445.

Referred to Committee on Criminal Justice & Corrections.

HB 2477 by Representatives O'Brien, Ballasiotes and Lovick; by request of Department of Corrections

AN ACT Relating to satisfaction of judgments filed by the department of corrections; and amending RCW 4.56.100.

Referred to Committee on Judiciary.

HB 2478 by Representatives Clements, Lantz and Conway

AN ACT Relating to clarifying the restrictions concerning occupational licenses; and reenacting and amending RCW 46.20.391.

Referred to Committee on Judiciary.

HB 2479 by Representatives Carrell, Roach, Buck, Schmidt and Casada

AN ACT Relating to protecting the public against terrorists; amending RCW 46.20.117, 9A.32.030, 9A.32.050, 9A.36.011, 9A.36.090, 9A.40.020, 9A.48.020, 9A.52.020, 9A.56.120, 9A.04.110, 9A.56.200, 9A.04.080, and 10.95.020; reenacting and amending RCW 42.17.310; adding a new section to chapter 9A.76 RCW; adding a new chapter to Title 9A RCW; prescribing penalties; and declaring an emergency.

Referred to Committee on Select Committee on Community Security.

HB 2480 by Representatives Carrell, Kirby, Darneille, Talcott, Roach, Cairnes, Holmquist, Campbell, Anderson, Mielke, Nixon, Benson, Sullivan, DeBolt, Barlean, Schoesler, Esser, Morell, Bush, Sump, Cox, Orcutt, Conway, Edwards, Mulliken and Alexander

AN ACT Relating to applications for property tax relief for senior citizens and persons retired because of physical disability; and amending RCW 84.36.387.

Referred to Committee on Finance.

HB 2481 by Representatives Carrell, Haigh, DeBolt, Talcott, Mielke, Jarrett, Anderson, Cox, Campbell, Roach, Grant, Kirby, Bush, Boldt, Sump, Orcutt and Dunn

AN ACT Relating to using animals for fighting; amending RCW 16.52.117; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

HB 2482 by Representatives Carrell, Mielke, Roach, Campbell, Morell, Kirby and Benson

AN ACT Relating to sentencing enhancements for criminal gang activity; amending RCW 13.40.160; reenacting and amending RCW 9.94A.510; adding a new section to chapter 9.94A RCW; adding a new section to chapter 13.40 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Juvenile Justice & Family Law.

HB 2483 by Representatives Morell, O'Brien, Bush, Holmquist, Pearson, Casada, Benson, Esser, Boldt, Cox, Armstrong, Sump, Ahern, McMorris, Darneille, Woods, Mulliken, Mitchell, Schoesler, Jarrett, Schmidt, Roach, Van Luven, Nixon, Campbell and Alexander

AN ACT Relating to motor vehicle theft; amending RCW 9A.56.070, 9.94A.525, and 13.40.0357; reenacting and amending RCW 9.94A.515; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

HB 2484 by Representatives Morris, Barlean, Anderson, Linville, Doumit, Van Luven and Ogden

AN ACT Relating to the creation of a license plate emblem to benefit orca whale research; adding a new section to chapter 46.16 RCW; adding a new section to chapter 43.300 RCW; and creating a new section.

Referred to Committee on Natural Resources.

HB 2485 by Representatives Hurst, Campbell, Simpson, Conway, Schual-Berke, Barlean, Cooper, Haigh, Cody, Morris, Veloria, Schmidt, Dunshee, Lovick, Jackley, Kirby, Santos, Dickerson, Van Luven, Edwards, Upthegrove, Kenney and O'Brien

AN ACT Relating to airport security; adding new sections to chapter 53.08 RCW; adding a new section to chapter 42.17 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Commerce & Labor.

HB 2486 by Representatives Jarrett, Simpson, Esser, Carrell, McMorris, McDermott, Cox, Romero and Lovick

AN ACT Relating to the board of tax appeals; and amending RCW 84.08.130 and 34.05.461.

Referred to Committee on Finance.

HB 2487 by Representatives McIntire, Benson and Cooper; by request of Department of Financial Institutions

AN ACT Relating to regulating securities; amending RCW 21.20.005, 21.20.020, 21.20.040, 21.20.110, 21.20.310, 21.20.370, and 21.20.380; and adding a new section to chapter 21.20 RCW.

Referred to Committee on Financial Institutions & Insurance.

HB 2488 by Representatives Fisher, Buck, Reardon and Mitchell

AN ACT Relating to state-owned aquatic lands; and adding a new section to chapter 79.90 RCW.

Referred to Committee on Natural Resources.

HB 2489 by Representatives Miloscia, Schmidt, Romero, Upthegrove, Tokuda, McDermott, Dickerson, Linville and Haigh

AN ACT Relating to the Washington progress board; adding a new section to chapter 43.330 RCW; and creating a new section.

Referred to Committee on State Government.

HB 2490 by Representatives Miloscia, Eickmeyer, Simpson and Schual-Berke

AN ACT Relating to the erection of a temporary fence or barrier near water bodies to protect children residing within a homeowners' association jurisdiction; and amending RCW 64.38.020.

Referred to Committee on Judiciary.

HB 2491 by Representatives Chandler, Clements, Lisk, Skinner, Schoesler, Holmquist and Mulliken

AN ACT Relating to inspection of facilities used for temporary storage and processing of agricultural commodities; and reenacting and amending RCW 19.27.060.

Referred to Committee on Local Government & Housing.

HB 2492 by Representatives Kenney, Gombosky, Fromhold, Lantz, Rockefeller, Hunt, Cox, Jarrett, Edwards, Chase, Wood, McDermott and Haigh; by request of State Treasurer

AN ACT Relating to college payment programs; amending RCW 28B.95.150; and providing an effective date.

Referred to Committee on Higher Education.

HB 2493 by Representatives Jackley, Mulliken, Dunshee, Ogden, Dunn, Wood and Casada

AN ACT Relating to volunteer fire fighters; and amending RCW 41.24.050.

Referred to Committee on Local Government & Housing.

HB 2494 by Representatives Sullivan, Mulliken, Dunshee, Edwards and Miloscia

AN ACT Relating to allowing fire protection districts to have additional fire commissioners; and amending RCW 52.14.010, 52.14.015, 52.14.013, and 52.14.017.

Referred to Committee on Local Government & Housing.

HB 2495 by Representatives Mulliken, Dunshee, Edwards, Miloscia and Casada

AN ACT Relating to updating outdated fire district statutes to increase efficiency; and amending RCW 52.16.160.

Referred to Committee on Local Government & Housing.

HB 2496 by Representatives Dunshee and Mulliken

AN ACT Relating to fire protection district property taxes; amending RCW 84.52.052; and adding a new section to chapter 84.52 RCW.

Referred to Committee on Local Government & Housing.

HB 2497 by Representatives Orcutt, Ogden, Delvin, Hatfield, Schmidt, Holmquist, Benson, Boldt, Mielke, Chandler, DeBolt, Alexander, Buck, Clements, Campbell, Kirby, Ruderman, Chase, Mulliken, Dunn, Veloria, Darneille and Lisk

AN ACT Relating to the definition of a motorcycle helmet; and amending RCW 46.37.530.

Referred to Committee on Transportation.

HB 2498 by Representatives Fromhold, Dunn, Jarrett, Ogden, Lovick, Dunshee, Schmidt, Conway, Linville, Miloscia and Anderson

AN ACT Relating to establishing a pilot program authorizing designation of industrial land banks outside urban growth areas under certain circumstances; and amending RCW 36.70A.367.

Referred to Committee on Local Government & Housing.

HB 2499 by Representatives Hunt, Romero, Schual-Berke, Morell, Anderson and Kenney

AN ACT Relating to health studios; adding a new section to chapter 19.142 RCW; and prescribing penalties.

Referred to Committee on Commerce & Labor.

HB 2500 by Representatives Hunt, Romero, Anderson and Miloscia

AN ACT Relating to citizen petitions requesting the amendment or repeal of agency rules; and amending RCW 34.05.330.

Referred to Committee on State Government.

HB 2501 by Representatives Campbell, Cody, Ruderman, Linville, Armstrong, Conway, Darneille, Bush, Kirby, Miloscia, Simpson, Dunn and Casada

AN ACT Relating to chiropractic care; and amending RCW 18.25.005 and 18.25.006.

Referred to Committee on Health Care.

HB 2502 by Representatives Sump, Doumit, Rockefeller, Pearson, Jackley and Chase

AN ACT Relating to the forest products commission; and amending RCW 15.100.010, 15.100.030, and 15.100.040.

Referred to Committee on Natural Resources.

HB 2503 by Representatives Boldt and Casada

AN ACT Relating to the conduct of lawyers; and amending RCW 2.48.210, 2.48.220, and 2.48.230.

Referred to Committee on Judiciary.

HB 2504 by Representatives Boldt and Casada

AN ACT Relating to the protection and education of consumers of legal services; and adding new sections to chapter 2.48 RCW.

Referred to Committee on Judiciary.

HB 2505 by Representatives O'Brien, Ballasiotes, Lantz, Haigh, Lovick, Ruderman, Schual-Berke, Crouse, Campbell, Delvin, Hurst, Lisk, Buck, Benson and Bush

AN ACT Relating to instruction in civil disorder; adding a new section to chapter 9.81 RCW; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

HB 2506 by Representatives Romero, Linville, Fisher, Jarrett, Cody, Dickerson, Veloria, Barlean, Simpson, Rockefeller, Dunshee, Hunt, Cairnes, Schmidt, Edwards, Upthegrove, Miloscia, Anderson and Wood

AN ACT Relating to the joint task force on green building; creating new sections; and providing an expiration date.

Referred to Committee on Agriculture & Ecology.

HB 2507 by Representatives Lovick, Ballasiotes, O'Brien, Ahern, Kirby, Jackley, Kessler, Schmidt, McIntire, Conway, Santos, Ruderman, Van Luven, Edwards, Hurst, Fromhold, Upthegrove, Kenney, Eickmeyer, Miloscia, Simpson, Grant, Chase, Dunshee, Cody, Morris, Wood, Campbell, Veloria, Rockefeller, Darneille, McDermott, Schual-Berke and Berkey

AN ACT Relating to motor vehicle theft; amending RCW 9A.56.070, 9.94A.525, and 13.40.0357; reenacting and amending RCW 9.94A.515; and prescribing penalties.

HB 2508 by Representatives Berkey, Casada, Dunshee, DeBolt, Sullivan, Crouse and Kirby

AN ACT Relating to medical plans for elected city officials; and amending RCW 41.04.190.

Referred to Committee on Local Government & Housing.

HB 2509 by Representatives Murray, Alexander, McIntire, Santos, Edwards, Fromhold, Jackley, Kenney, Ogden, Chase, Upthegrove, Lovick, Morris, Veloria, Schual-Berke and McDermott; by request of Governor Locke

AN ACT Relating to education building construction and renovation in the state of Washington; amending RCW 39.42.060; amending 2001 2nd sp.s. c 9 ss 1 and 2 (uncodified); adding a new chapter to Title 43 RCW; and declaring an emergency.

Referred to Committee on Capital Budget.

HB 2510 by Representatives Murray, Alexander, McIntire, Ogden and Veloria; by request of Governor Locke

AN ACT Relating to the capital budget; amending 2001 2nd sp.s. c 8 ss 117, 147, 257, 270, 278, 303, 344, 346, 350, 383, 387, 427, 602, 634, 658, 667, 680, 700, 702, 712, 724, 749, 750, 751, 752, 755, 809, 824, 828, 829, 907, and 415 (uncodified); adding new sections to 2001 2nd sp.s. c 8 (uncodified); creating new sections; repealing 2001 2nd sp.s. c 8 ss 184, 186, 187, and 421 (uncodified); making appropriations; authorizing expenditures for capital improvements; and declaring an emergency.

Referred to Committee on Capital Budget.

HB 2511 by Representatives O'Brien, Ballasiotes, Schoesler, Kessler, Kirby, Santos, Benson, Edwards, Kenney, Chase, Lovick, Wood and Casada

AN ACT Relating to robbery within a financial institution; amending RCW 9A.56.200; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

HB 2512 by Representatives Upthegrove, Schmidt, Miloscia, Romero, Edwards, Jackley, Kenney, Ogden, Chase, Morris, McDermott and Schual-Berke; by request of Governor Locke

AN ACT Relating to the uniform regulation of business and professions pertaining to programs administered by the department of licensing; amending RCW 18.08.340, 18.08.380, 18.08.420, 18.08.440, 18.11.085, 18.11.095, 18.11.100, 18.11.160, 18.11.180, 18.11.200, 18.16.030, 18.16.060, 18.16.150, 18.16.175, 18.16.200, 18.39.300, 18.39.350, 18.39.410, 18.39.530, 18.43.035, 18.43.105, 18.43.110, 18.43.130, 18.85.040, 18.85.230, 18.85.261, 18.85.271, 18.96.060, 18.96.120, 18.96.140, 18.140.030, 18.140.160, 18.140.170, 18.165.160, 18.165.170, 18.170.170, 18.170.180, 18.185.110, 18.185.120, 18.185.140, 18.185.170, 18.210.020, 18.210.030, 18.210.060, 18.210.160, 18.220.040, 18.220.050, 18.220.130, 18.220.150, 19.16.120, 19.16.351, 19.31.070, 19.31.130, 19.105.350, 19.105.380, 19.105.440, 19.105.470, 19.138.120, 19.138.130, 19.138.170, 19.138.180, 19.138.200, 19.138.240, 19.158.040, 19.158.050, 42.44.030, 42.44.060, 42.44.160, 42.44.170, 42.44.190, 46.72.100, 46.72A.100, 64.36.040, 64.36.090, 64.36.100, 64.36.195, 64.36.200, 64.36.220, 64.36.230, 67.08.010, 67.08.015, 67.08.017, 67.08.090, 67.08.100, 67.08.110, 67.08.130, 67.08.140, 67.08.180, 67.08.300, 68.05.105, 68.05.170, 68.05.235, 68.05.259, 68.05.300, 68.05.310, 68.05.320, 68.05.330, 68.05.340, 68.05.350, 79A.60.480, and 79A.60.490; reenacting and amending RCW 18.145.050; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.11 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.96 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 18.210 RCW; adding a new section to chapter 18.220 RCW; adding a new section to chapter 19.16 RCW; adding a new section to chapter 19.31 RCW; adding a new section to chapter 19.105 RCW; adding a new section to chapter 19.138 RCW; adding a new section to chapter 19.158 RCW; adding a new section to chapter 42.44 RCW; adding a new section to chapter 46.72 RCW; adding a new section to chapter 46.72A RCW; adding a new section to chapter 64.36 RCW; adding a new section to chapter 67.08 RCW; adding a new section to chapter 68.05 RCW; adding a new section to chapter 79A.60 RCW; adding a new chapter to Title 18 RCW; creating a new section; repealing RCW 18.08.450, 18.39.400, 18.39.430, 18.39.440, 18.39.460, 18.39.470, 18.39.480, 18.39.490, 18.39.500, 18.39.510, 18.39.520, 18.39.540, 18.39.550, 18.43.140, 18.85.251, 18.85.360, 18.96.130, 18.140.180, 18.165.190, 18.165.200, 18.165.240, 18.165.250, 18.165.260, 18.170.190, 18.170.200, 18.170.240, 18.170.250, 18.170.260, 18.170.270, 18.185.150, 18.185.160, 18.185.180, 18.185.190, 19.16.360, 19.16.380, 19.16.400, 19.105.460, 19.138.190, 19.138.210, 19.138.220, 19.138.230, 19.138.300, 19.158.060, 64.36.180, 64.36.190, 64.36.280, 64.36.300, 67.08.120, 67.08.210, 67.08.230, 67.08.250, and 67.08.260; prescribing penalties; and providing effective dates.

Referred to Committee on State Government.

HB 2513 by Representatives Wood, Clements and Conway

AN ACT Relating to timeshare interest reservations; adding a new section to chapter 64.36 RCW; and prescribing penalties.

Referred to Committee on Commerce & Labor.

HB 2514 by Representatives Benson, Talcott, Ahern and Lovick

AN ACT Relating to driving or physical control of a vehicle while under the influence of intoxicating liquor or any drug; amending RCW 9.94A.640, 9.94A.525, 9.94A.650, 46.61.502, 46.61.504, and 46.61.5151; reenacting and amending RCW 9.94A.030, 9.94A.515, and 46.61.5055; and prescribing penalties.

Referred to Committee on Judiciary.

HB 2515 by Representatives Benson, Mulliken, Bush, Ahern, Roach, Morell, McIntire, Upthegrove, Cody and Conway

AN ACT Relating to paying for health care services; adding a new section to chapter 48.20 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; and adding a new section to chapter 48.46 RCW.

Referred to Committee on Health Care.

HB 2516 by Representative Benson

AN ACT Relating to support obligations of physical custodians; and amending RCW 74.20.065.

Referred to Committee on Juvenile Justice & Family Law.

HB 2517 by Representative Benson

AN ACT Relating to accounting for child support payments; amending RCW 26.09.170; and adding a new section to chapter 26.09 RCW.

Referred to Committee on Juvenile Justice & Family Law.

HB 2518 by Representatives Edwards, Dunshee, Lovick, Berkey and Kirby

AN ACT Relating to the authority to issue civil penalties by health districts; adding a new section to chapter 70.46 RCW; and prescribing penalties.

Referred to Committee on Local Government & Housing.

HB 2519 by Representatives Upthegrove, Dunshee, Ruderman, Linville, Kirby, Simpson and Schual-Berke

AN ACT Relating to requiring concurrency planning for parks in growth management comprehensive plans and development regulations; amending RCW 36.70A.070; adding a new section to chapter 36.70A RCW; and creating a new section.

Referred to Committee on Local Government & Housing.

HB 2520 by Representatives O'Brien, Sommers, Lovick and Lantz; by request of Department of Corrections

AN ACT Relating to supervision of offenders; amending RCW 9.94A.545, 9.94A.637, 9.94A.650, 9.94A.690, 9.94A.700, 9.94A.705, 9.94A.715, 9.94A.720, 9.94A.750, 9.94A.760, 4.56.100, 72.65.080, and 41.06.380; reenacting and amending RCW 9.94A.753; and providing an effective date.

Referred to Committee on Judiciary.

HB 2521 by Representatives Linville, Schoesler, McIntire, Santos, Jackley, Kenney, Miloscia, Chase, Upthegrove, Lovick and Wood

AN ACT Relating to registering pesticides; amending RCW 15.58.050, 15.58.070, 15.58.070, and 15.58.080; providing effective dates; and providing an expiration date.

Referred to Committee on Agriculture & Ecology.

HJR 4220 by Representatives Dunshee and Mulliken

Amending the Constitution to restrict the number of years excess levies by fire protection districts can be made.

Referred to Committee on Local Government & Housing.

There being no objection, the bills and resolution listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

MOTION

Representative DeBolt moved to suspend the rules and place House Bill No. 2507 on the Second Reading calendar.

Representative DeBolt spoke in favor of passage of the procedural motion.

Representative Kessler spoke against the passage of the procedural motion.

Representative Woods demanded an electronic roll call vote and the demand was sustained.

The Speaker stated the question before the House to be the motion by Representative DeBolt to suspend the rules and place House Bill No. 2507 on the Second Reading calendar.

ROLL CALL

The Clerk called the roll on the motion by Representative DeBolt to suspend the rules and place House Bill No. 2507 on the Second Reading calendar, and the motion was not adopted by the following vote: Yeas - 48, Nays - 50, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 48.

Voting nay: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Mr. Speaker, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, and Wood - 50.

MOTION

On motion of Representative Kessler, House Bill No. 2507 was referred to the Committee on Criminal Justice & Corrections.

REPORTS OF STANDING COMMITTEES

January 16, 2002

HB 2304 Prime Sponsor, Representative Fisher: Adopting certain recommendations of the state Blue Ribbon Commission on Transportation. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Fisher, Chairman; Cooper, Vice Chairman; Edwards; Haigh; Hatfield; Jackley; Jarrett; Lovick; Ogden; Reardon; Rockefeller; Romero; Simpson; Sullivan and Wood.

MINORITY recommendation: Do not pass. Signed by Representatives Mitchell, Ranking Minority Member; Anderson; Armstrong; Hankins; Holmquist; Mielke; Schindler; Skinner and Woods.

Voting yea: Representatives Fisher, Cooper, Lovick, Edwards, Haigh, Hatfield, Jackley, Jarrett, Ogden, Reardon, Rockefeller, Romero, Simpson, Sullivan and Wood.

Voting nay: Representatives Mitchell, Anderson, Armstrong, Ericksen, Hankins, Holmquist, Mielke, Morell, Schindler, Skinner and Woods.

Excused: Representative Murray.

There being no objection, House Bill No. 2304 was placed on the Second Reading calendar.

SECOND READING

HOUSE BILL NO. 2304, by Representatives Fisher, Jarrett, Kessler, Berkey, Sullivan, Dunshee, Lovick, Kenney, Lantz, Santos, Ruderman, Edwards, Murray, Rockefeller, Wood, O'Brien, Cooper, Haigh, Fromhold, Tokuda, Ogden, Romero, Cody, Darneille, Simpson, Linville, Upthegrove, Schual-Berke, Kagi and McIntire; by request of Governor Locke

Adopting certain recommendations of the state Blue Ribbon Commission on Transportation.

The bill was read the second time. There being no objection, Substitute House Bill No. 2304 was substituted for House Bill No. 2304 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2304 was read the second time.

MOTION

On motion of Representative Woods, Representative Ballasiotes was excused.

Electronic roll calls had been requested on the amendments offered to Substitute House Bill No. 2304.

With the consent of the House, amendment (007) was withdrawn.

Representative Ericksen moved the adoption of amendment 002:

On page 3, beginning on line 4, strike all of section 202

Renumber the sections following consecutively, correct internal references accordingly, and correct the title.

On page 4, line 14, after "purchasing" strike "construction engineering"

On page 4, beginning on line 15, after "businesses" strike everything through "act" on line 16

Representatives Ericksen, Matson and Skinner spoke in favor of the adoption of the amendment.

Representatives Cooper and Romero spoke against the adoption of the amendment.

The Speaker stated the question before the House to be adoption of amendment (002) to Substitute House Bill No. 2304.

ROLL CALL

The Clerk called the roll on the adoption of amendment (002) to Substitute House Bill No. 2304, and the amendment was not adopted by the following vote: Yeas - 40, Nays - 57, Excused - 1

Voting yea: Representatives Ahern, Alexander, Anderson, Ballard, Barlean, Benson, Boldt, Buck, Bush, Carrell, Casada, B. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Pearson, Pflug, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott and Woods - 40.

Voting nay: Representatives Armstrong, Berkey, Cairnes, Campbell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Orcutt, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood and Mr. Speaker - 57.

Excused: Representative Ballasiotes - 1.

Representative Ericksen moved the adoption of the following amendment (005):

On page 4, beginning on line 17, strike all of section 204

On page 8, beginning on line 11, strike all of section 309

Correct any internal references and the title accordingly.

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

Representative Cooper spoke against the adoption of the amendment.

The Speaker stated the question before the House to be adoption of amendment (005) to Substitute House Bill No. 2304.

ROLL CALL

The Clerk called the roll on the adoption of amendment (005) to Substitute House Bill No. 2304, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 51, Excused -1

Voting yea: Representatives Ahern, Alexander, Anderson, Ballard, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott Van Luven and Woods - 46.

Voting nay: Representatives Berkey, Campbell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 51.

Excused: Representative Ballasiotes - 1.

Representative Ericksen moved the adoption of amendment (006):

On page 4, beginning on line 31, strike everything through "engineering." on line 33

On page 5, line 23, after "requirements" strike everything through "act"

On page 6, beginning on line 24, strike all of section 305

Renumber the sections following consecutively, correct internal references accordingly, and correct the title.

On page 7, after line 4, insert the following:

"Sec. 307. RCW 39.12.015 and 1965 ex.s. c 133 s 2 are each amended to read as follows:

(1) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries. By January 1, 2003, the industrial statistician shall determine the prevailing rate of wage using a stratified random sampling method.

(2)(a) A stratified random sampling method must be used to the broadest extent possible.

(b) If it is determined by the industrial statistician, in consultation with the prevailing wage advisory committee established in subsection (4) of this section, that sample size, strata size, or other factors do not permit the effective use of a stratified random sampling method, an equally reliable statistical method may be used.

(3) In order to ensure a fair and scientifically accurate stratified random sampling survey, the industrial statistician shall consult with the prevailing wage advisory committee established in subsection (4) of this section regarding the necessary scientific methods, implementation parameters, and resource allocations.

(4) The director shall appoint a prevailing wage advisory committee composed of eleven members: Four members representing subject workers, each of whom must be appointed from a list of names submitted by a recognized statewide organization of employees, representing a majority of employees in a cross-section of state industries; four members representing subject employers, each of whom must be appointed from a list of names submitted by a recognized statewide organization of employers, representing a majority of employers in a cross-section of state industries; and three ex officio members, without a vote, two of whom will represent the counties, and the other representing the department. The member representing the department shall serve as chairperson. Labor, business, and county representatives must include representatives from both large and small entities. The committee shall, as necessary, report to the legislative committees dealing with commerce and labor regarding the implementation of this section.

(5) Subsections (2), (3), and (4) of this section expire December 31, 2003."

Renumber the sections following consecutively, correct internal references accordingly, and correct the title.

On page 8, beginning on line 11, strike all of section 309

Renumber the sections following consecutively, correct internal references accordingly, and correct the title.

Representatives Ericksen, Clements, McMorris spoke in favor of the adoption of the amendment.

Representatives Cooper and Conway spoke against the adoption of the amendment.

The Speaker stated the question before the House to be adoption of amendment (006) to Substitute House Bill No. 2304.

ROLL CALL

The Clerk called the roll on the adoption of amendment (006) to Substitute House Bill No. 2304, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 55, Excused - 1

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Boldt, Buck, Bush, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hanks in, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Pearson, Pflug, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven and Woods - 42.

Voting nay: Representatives Berkey, Cairnes, Campbell, Carrell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Orcutt, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 57.

Excused: Representative Ballasiotes - 1.

Representative Hankins moved the adoption of amendment (008):

On page 11, line 6, after "in." strike everything through "state." on line 8

Representatives Hankins and Fisher spoke in favor of the adoption of the amendment.

The Speaker stated the question before the House to be adoption of amendment (008) to Substitute House Bill No. 2304.

ROLL CALL

The Clerk called the roll on the adoption of amendment (008) to Substitute House Bill No. 2304, and the amendment was adopted by the following vote: Yeas - 97, Nays - 0, Excused - 1

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 97.

Excused: Representative Ballasiotes - 1.

Representative Holmquist moved the adoption of amendment (004):

On page 19, after line 15, insert the following:

"NEW SECTION. Sec. 418 If funding for sections 409, 410, and 412 of this act, referencing those sections by bill or chapter number, is not provided by January 1, 2003, those sections are null and void."

Renumber the sections following consecutively and correct internal references accordingly.

Representatives Holmquist, Ogden and Armstrong spoke in favor of the adoption of the amendment.

The Speaker stated the question before the House to be adoption of amendment (004) to Substitute House Bill No. 2304.

ROLL CALL

The Clerk called the roll on the adoption of amendment (004) to Substitute House Bill No. 2304, and the amendment was adopted by the following vote: Yeas - 97, Nays - 0, Excused - 1

Excused: Representative Ballasiotes - 1.

Representative Ericksen moved the adoption of amendment (003):

Strike everything after the enacting clause and insert the following:

"PART I

ESTABLISHMENT OF TRANSPORTATION

PERFORMANCE MEASURES

NEW SECTION. Sec. 101. LEGISLATIVE INTENT. The legislature finds that the efficient operation of the transportation system in Washington is of the utmost importance, and that the maximum return should be achieved for every taxpayer dollar invested. It is the intent of the legislature to establish policy goals for the operation of, performance of, and investment in, the state's transportation system. The policy goals will consist of the following benchmark categories. In addition to improving safety, public investments in transportation must support achievement of these and other priority goals:

No interstate highways, state routes, and local arterials may be in poor condition; no bridges may be structurally deficient, and safety retrofits must be performed on those state bridges at the highest seismic risk levels; traffic congestion on urban state highways must be significantly reduced and be no worse than the national mean; delay per driver must be significantly reduced and no worse than the national mean; per capita vehicle miles traveled will increase at a rate no greater than the increase in Washington's per capita income; administrative costs as a percentage of transportation spending must achieve the most efficient quartile nationally; and the state's public transit agencies shall achieve the median cost per vehicle revenue hour of peer transit agencies, adjusting for the regional cost-of-living.

These policy goals are the basis for establishment of detailed and measurable performance benchmarks.

It is the intent of the legislature that the transportation commission establish performance measures to ensure transportation system performance at local, regional, and state government levels, and the transportation commission should work with appropriate government entities to accomplish this.

NEW SECTION. Sec. 102. Section 101 of this act takes effect July 1, 2002.

PART II

ALTERNATIVE DELIVERY PROCEDURES FOR CONSTRUCTION SERVICES

NEW SECTION. Sec. 201. The legislature finds that there is a pressing need for additional transportation projects to meet the mobility needs of Washington citizens. With major new investments approved to meet these pressing needs, additional work force assistance is necessary to ensure and enhance project delivery timelines. Implementing new and innovative procedures for delivering these transportation projects in the most efficient manner possible is required to accomplish them on a timely basis that best serves the public.

Sec. 202. RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:

(1) Nothing contained in this chapter ((shall)) prohibits any department, as defined in RCW 41.06.020, from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract by such department prior to April 23, 1979((: PROVIDED, That no such)).

(2) No contract referred to in subsection (1) of this section may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract except as provided in subsection (3) of this section.

(3) This chapter does not prohibit the department of transportation until January 1, 2003, from purchasing services for highway maintenance, including services that have customarily and historically been provided by employees in the classified service under this chapter, by contracting with individuals, nonprofit organizations, businesses, or other entities. After January 1, 2003, this chapter does not prohibit the department of transportation from purchasing services, including services that have customarily and historically been provided by employees in the classified service under this chapter, by contracting with individuals, nonprofit organizations, businesses, or other entities.

NEW SECTION. Sec. 203. Provisions of a collective bargaining agreement adopted under chapter 41.06 RCW that are in effect on the effective date of this section and that conflict with RCW 41.06.380, as amended by section 202 of this act, will continue in effect until contract expiration, unless a superseding agreement resolving the conflict is executed by the parties before expiration. After expiration, any new agreement executed between the parties must be consistent with RCW 41.06.380.

NEW SECTION. Sec. 204. On or before January 1, 2003, the secretary of transportation will report to the transportation committees of the house of representatives and senate on the current use of contracting out by the department and on further opportunities for contracting out within the department. In recommending programs that might be performed by the private sector, the secretary will place emphasis on programs that could be undertaken at a lower cost by the private sector than by state employees, and programs in which the use of the private sector could augment the department's work force in order to increase the department's capacity to complete projects as quickly as possible. The secretary may issue the report electronically by publishing it on the department's web site and by transmitting the report electronically to all members of the house of representatives and senate transportation committees.

PART III

APPRENTICESHIP AND ADJUSTMENTS TO PREVAILING WAGE PROVISIONS

NEW SECTION. Sec. 301. (1) The legislature finds that a skilled technical work force is necessary for maintaining, preserving, and improving Washington's transportation system. The Blue Ribbon Commission on Transportation found that state and local transportation agencies are showing signs of a work force that is insufficiently skilled to operate the transportation system at its highest level.

(2) It is the intent of the legislature that the state prevailing wage process operate efficiently, that the process allow contractors and workers to be paid promptly, and that new technologies and innovative outreach methods be used to enhance wage surveys in order to better reflect current wages in counties across the state.

(3) To accomplish the intent of this section and in order to enhance the response of businesses and labor representatives to the prevailing wage survey process, the department shall undertake the following activities:

(a) Establish a goal of conducting surveys for each trade every three years;

(b) Actively promote increased response rates from all survey recipients in every county both urban and rural. The department shall provide public education and technical assistance to businesses, labor representatives, and public agencies in order to promote a better understanding of prevailing wage laws and increased participation in the prevailing wage survey process;

(c) Actively work with businesses, labor representatives, public agencies, and others to ensure the integrity of information used in the development of prevailing wage rates, and ensure uniform compliance with statutory requirements;

(d) Maintain a timely processing of intents and affidavits, with a target processing time no greater than seven working days from receipt of completed forms;

(e) Develop and implement electronic processing of intents and affidavits and promote the efficient and effective use of technology to improve the services provided by the prevailing wage program.

NEW SECTION. Sec. 302. A new section is added to chapter 49.04 RCW to read as follows:

The apprenticeship council shall work with the department of transportation, local transportation jurisdictions, local and state joint apprenticeships, representatives of transportation labor groups, and representatives of the state's universities and community and vocational colleges to establish technical apprenticeship opportunities specific to the needs of transportation. The council shall issue a report of findings and recommendations to the transportation committees of the legislature by December 1, 2002. The report must include, but not be limited to, findings and recommendations regarding the establishment of transportation technical training programs within the community and vocational college system and in the state universities.

NEW SECTION. Sec. 303. A new section is added to chapter 47.01 RCW to read as follows:

The department of transportation shall work with local transportation jurisdictions and representatives of transportation labor groups to establish a human resources skills bank of transportation professionals. The skills bank must be designed to allow all transportation authorities to draw from it when needed. The department shall issue a report of findings and recommendations to the transportation committees of the legislature by December 1, 2002. The report must include, but not be limited to, identification of any statutory or administrative rule changes necessary to create the skills bank and allow it to function in the manner described.

NEW SECTION. Sec. 304. A new section is added to chapter 47.06 RCW to read as follows:

The state-interest component of the statewide multimodal transportation plan must include a plan for enhancing the skills of the existing technical transportation work force.

Sec. 305. RCW 47.80.030 and 1998 c 171 s 9 are each amended to read as follows:

(1) Each regional transportation planning organization shall develop in cooperation with the department of transportation, providers of public transportation and high capacity transportation, ports, and local governments within the region, adopt, and periodically update a regional transportation plan that:

(a) Is based on a least cost planning methodology that identifies the most cost-effective facilities, services, and programs;

(b) Identifies existing or planned transportation facilities, services, and programs, including but not limited to major roadways including state highways and regional arterials, transit and nonmotorized services and facilities, multimodal and intermodal facilities, marine ports and airports, railroads, and noncapital programs including transportation demand management that should function as an integrated regional transportation system, giving emphasis to those facilities, services, and programs that exhibit one or more of the following characteristics:

(i) Crosses member county lines;

(ii) Is or will be used by a significant number of people who live or work outside the county in which the facility, service, or project is located;

(iii) Significant impacts are expected to be felt in more than one county;

(iv) Potentially adverse impacts of the facility, service, program, or project can be better avoided or mitigated through adherence to regional policies;

(v) Transportation needs addressed by a project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance; and

(vi) Provides for system continuity;

(c) Establishes level of service standards for state highways and state ferry routes, with the exception of transportation facilities of statewide significance as defined in RCW 47.06.140. These regionally established level of service standards for state highways and state ferries shall be developed jointly with the department of transportation, to encourage consistency across jurisdictions. In establishing level of service standards for state highways and state ferries, consideration shall be given for the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local commuters using state facilities;

(d) Includes a financial plan demonstrating how the regional transportation plan can be implemented, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques to finance needed facilities, services, and programs;

(e) Assesses regional development patterns, capital investment and other measures necessary to:

(i) Ensure the preservation of the existing regional transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit, railroad systems and corridors, and nonmotorized facilities; and

(ii) Make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods;

(f) Sets forth a proposed regional transportation approach, including capital investments, service improvements, programs, and transportation demand management measures to guide the development of the integrated, multimodal regional transportation system; ((and))

(g) Where appropriate, sets forth the relationship of high capacity transportation providers and other public transit providers with regard to responsibility for, and the coordination between, services and facilities; and

(h) Provides for training that enhances the skills of the existing technical transportation work force.

(2) The organization shall review the regional transportation plan biennially for currency and forward the adopted plan along with documentation of the biennial review to the state department of transportation.

(3) All transportation projects, programs, and transportation demand management measures within the region that have an impact upon regional facilities or services must be consistent with the plan and with the adopted regional growth and transportation strategies.

Sec. 306. RCW 39.12.015 and 1965 ex.s. c 133 s 2 are each amended to read as follows:

(2)(a) A stratified random sampling method must be used to the broadest extent possible.

(5) Subsections (2), (3), and (4) of this section expire December 31, 2003.

NEW SECTION. Sec. 307. A new section is added to chapter 39.12 RCW to read as follows:

(1) In establishing the prevailing rate of wage under RCW 39.12.010, 39.12.015, and 39.12.020, all data collected by the department may be used only in the county for which the work was performed.

(2) This section applies only to prevailing wage surveys initiated on or after August 1, 2002.

PART IV

TRANSPORTATION PLANNING AND EFFICIENCY

Sec. 401. RCW 47.05.010 and 1993 c 490 s 1 are each amended to read as follows:

The legislature finds that solutions to state highway deficiencies have become increasingly complex and diverse and that anticipated transportation revenues will fall substantially short of the amount required to satisfy all transportation needs. Difficult investment trade-offs will be required.

It is the intent of the legislature that investment of state transportation funds to address deficiencies on the state highway system be based on a policy of priority programming having as its basis the rational selection of projects and services according to factual need and an evaluation of life cycle costs and benefits ((and which)) that are systematically scheduled to carry out defined objectives within available revenue. The state must develop analytic tools to use a common methodology to measure benefits and costs for all modes.

The priority programming system ((shall)) must ensure preservation of the existing state highway system, relieve congestion, provide mobility for people and goods, support the state's economy, and promote environmental protection and energy conservation.

The priority programming system ((shall)) must implement the state-owned highway component of the statewide ((multimodal)) transportation plan, consistent with local and regional transportation plans, by targeting state transportation investment to appropriate multimodal solutions ((which)) that address identified state highway system deficiencies.

The priority programming system for improvements ((shall)) must incorporate a broad range of solutions that are identified in the statewide ((multimodal)) transportation plan as appropriate to address state highway system deficiencies, including but not limited to highway expansion, efficiency improvements, nonmotorized transportation facilities, high occupancy vehicle facilities, transit facilities and services, rail facilities and services, and transportation demand management programs.

Sec. 402. RCW 47.05.030 and 1998 c 171 s 6 are each amended to read as follows:

The transportation commission shall adopt a comprehensive six-year investment program specifying program objectives and performance measures for the preservation and improvement programs defined in this section. In the specification of investment program objectives and performance measures, the transportation commission, in consultation with the Washington state department of transportation, shall define and adopt standards for effective programming and prioritization practices including a needs analysis process. The ((needs)) analysis process ((shall)) must ensure the identification of problems and deficiencies, the evaluation of alternative solutions and trade-offs, and estimations of the costs and benefits of prospective projects. The investment program ((shall)) must be revised biennially, effective on July 1st of odd-numbered years. The investment program ((shall)) must be based upon the needs identified in the state-owned highway component of the statewide ((multimodal)) transportation plan as defined in RCW 47.01.071(3).

(1) The preservation program ((shall)) consists of those investments necessary to preserve the existing state highway system and to restore existing safety features, giving consideration to lowest life cycle costing. The preservation program must require use of the most cost-effective pavement surfaces, considering:

(a) Life-cycle cost analysis;

(b) Traffic volume;

(d) Environmental and weather conditions;

(e) Materials available; and

(f) Construction factors.

The comprehensive six-year investment program for preservation ((shall)) must identify projects for two years and an investment plan for the remaining four years.

(2) The improvement program ((shall)) consists of investments needed to address identified deficiencies on the state highway system to increase mobility, address congestion, and improve ((mobility,)) safety, support for the economy, and protection of the environment. The six-year investment program for improvements ((shall)) must identify projects for two years and major deficiencies proposed to be addressed in the six-year period giving consideration to relative benefits and life cycle costing. The transportation commission shall give higher priority for correcting identified deficiencies on those facilities classified as facilities of statewide significance as defined in RCW 47.06.140. Project prioritization must be based primarily upon cost-benefit analysis, where appropriate.

The transportation commission shall approve and present the comprehensive six-year investment program to the legislature in support of the biennial budget request under RCW 44.40.070 and 44.40.080.

Sec. 403. RCW 47.05.035 and 1993 c 490 s 4 are each amended to read as follows:

(1) The department and the commission shall use the transportation demand modeling tools developed under subsection (2) of this section to evaluate investments based on the best mode or improvement, or mix of modes and improvements, to meet current and future long-term demand within a corridor or system for the lowest cost. The end result of these demand modeling tools is to provide a cost-benefit analysis by which the department and the commission can determine the relative mobility improvement and congestion relief each mode or improvement under consideration will provide and the relative investment each mode or improvement under consideration will need to achieve that relief.

(2) The department will participate in the refinement, enhancement, and application of existing transportation demand modeling tools to be used to evaluate investments. This participation and use of transportation demand modeling tools will be phased in. The first phase will build upon the modeling work initiated by the four-county Puget Sound Regional Council, if modeling work is found by the department to satisfactorily predict demand and account for actual levels of usage by the public of various transportation modes.

(3) In developing program objectives and performance measures, the transportation commission shall evaluate investment trade-offs between the preservation and improvement programs. In making these investment trade-offs, the commission shall evaluate, using cost-benefit techniques, roadway and bridge maintenance activities as compared to roadway and bridge preservation program activities and adjust those programs accordingly.

(4) The commission shall allocate the estimated revenue between preservation and improvement programs giving primary consideration to the following factors:

(((1))) (a) The relative needs in each of the programs and the system performance levels that can be achieved by meeting these needs;

(((2))) (b) The need to provide adequate funding for preservation to protect the state's investment in its existing highway system;

(((3))) (c) The continuity of future transportation development with those improvements previously programmed; and

(((4))) (d) The availability of dedicated funds for a specific type of work.

NEW SECTION. Sec. 404. A new section is added to chapter 47.05 RCW to read as follows:

Before the department begins using the analytic tools developed to use a common methodology to measure benefits and costs for all modes referred to in RCW 47.05.010 and before the department begins using the demand modeling tools referred to in RCW 47.05.035, the department shall present these cost/benefit and demand modeling tools to the legislature for review and approval.

Sec. 405. RCW 47.06.130 and 1993 c 446 s 13 are each amended to read as follows:

(1) The department may carry out special transportation planning studies to resolve specific issues with the development of the state transportation system or other statewide transportation issues.

(2) The department shall conduct multimodal corridor analyses on major congested corridors where needed improvements are likely to cost in excess of one hundred million dollars. Analysis will include the cost-effectiveness of all feasible strategies in addressing congestion or improving mobility within the corridor, and must recommend the most effective strategy or mix of strategies to address identified deficiencies. A long-term view of corridors must be employed to determine whether an existing corridor should be expanded, a city or county road should become a state route, and whether a new corridor is needed to alleviate congestion and enhance mobility based on travel demand. To the extent practicable, full costs of all strategies must be reflected in the analysis. At a minimum, this analysis must include:

(a) The current and projected future demand for total person trips on that corridor;

(b) The impact of making no improvements to that corridor;

(d) The cost per hour of travel time saved per day for each mode or improvement proposed to meet demand; and

(e) How much of the current and anticipated future demand will be met and left unmet for each mode or improvement proposed to meet demand.

The end result of this analysis will be to provide a cost-benefit analysis by which policymakers can determine the most cost-effective improvement or mode, or mix of improvements and modes, for increasing mobility and reducing congestion.

NEW SECTION. Sec. 406. The legislature intends that funding for transportation mobility improvements be allocated to the worst traffic chokepoints in the state. Furthermore, the legislature intends to fund projects that provide systemic relief throughout a transportation corridor, rather than spot improvements that fail to improve overall mobility within a corridor.

Sec. 407. RCW 47.05.051 and 1998 c 175 s 12 are each amended to read as follows:

(1) The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the statewide multimodal transportation plan as defined in RCW 47.01.071(3) and priority selection systems that incorporate the following criteria:

(((1))) (a) Priority programming for the preservation program shall take into account the following, not necessarily in order of importance:

(((a))) (i) Extending the service life of the existing highway system, including using the most cost-effective pavement surfaces, considering:

(A) Life-cycle cost analysis;

(B) Traffic volume;

(D) Environmental and weather conditions;

(E) Materials available; and

(F) Construction factors;

(((b))) (ii) Ensuring the structural ability to carry loads imposed upon highways and bridges; and

(((c))) (iii) Minimizing life cycle costs. The transportation commission in carrying out the provisions of this section may delegate to the department of transportation the authority to select preservation projects to be included in the six-year program.

(((2))) (b) Priority programming for the improvement program ((shall take into account)) must be based primarily upon the following:

(((a))) (i) Traffic congestion, delay, and accidents;

(ii) Location within a heavily traveled transportation corridor;

(iii) Synchronization with other potential transportation projects, including transit and multimodal projects, within the heavily traveled corridor; and

(iv) Use of benefit/cost analysis wherever feasible to determine the value of the proposed project.

(i) Support for the state's economy, including job creation and job preservation;

(((b))) (ii) The cost-effective movement of people and goods;

(((c))) (iii) Accident and accident risk reduction;

(((d))) (iv) Protection of the state's natural environment;

(((e))) (v) Continuity and systematic development of the highway transportation network;

(((f))) (vi) Consistency with local comprehensive plans developed under chapter 36.70A RCW;

(((g))) (vii) Consistency with regional transportation plans developed under chapter 47.80 RCW;

(((h))) (viii) Public views concerning proposed improvements;

(((i))) (ix) The conservation of energy resources;

(((j))) (x) Feasibility of financing the full proposed improvement;

(((k))) (xi) Commitments established in previous legislative sessions;

(((l))) (xii) Relative costs and benefits of candidate programs((;)).

(((m))) (d) Major projects addressing capacity deficiencies which prioritize allowing for preliminary engineering shall be reprioritized during the succeeding biennium, based upon updated project data. Reprioritized projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding((; and)).

(((n))) (e) Major project approvals which significantly increase a project's scope or cost from original prioritization estimates shall include a review of the project's estimated revised priority rank and the level of funding provided. Projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding.

(((3))) (2) The commission may depart from the priority programming established under subsection((s)) (1) ((and (2))) of this section: (a) To the extent that otherwise funds cannot be utilized feasibly within the program; (b) as may be required by a court judgment, legally binding agreement, or state and federal laws and regulations; (c) as may be required to coordinate with federal, local, or other state agency construction projects; (d) to take advantage of some substantial financial benefit that may be available; (e) for continuity of route development; or (f) because of changed financial or physical conditions of an unforeseen or emergent nature. The commission or secretary of transportation shall maintain in its files information sufficient to show the extent to which the commission has departed from the established priority.

(((4))) (3) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities.

NEW SECTION. Sec. 408. The department of transportation shall report the results of its priority programming under RCW 47.05.051 to the transportation committees of the senate and house of representatives by December 1, 2003, and December 1, 2005.

NEW SECTION. Sec. 409. The legislature finds that roads, streets, bridges, and highways in the state represent public assets worth over one hundred billion dollars. These investments require regular maintenance and preservation, or rehabilitation, to provide cost-effective transportation services. Many of these facilities are in poor condition. Given the magnitude of public investment and the importance of safe, reliable roadways to the motoring public, the legislature intends to create stronger accountability to ensure that cost-effective maintenance and preservation is provided for these transportation facilities.

Sec. 410. RCW 35.84.060 and 1969 ex.s. c 281 s 26 are each amended to read as follows:

Every municipal corporation which owns or operates an urban public transportation system as defined in RCW 47.04.082 within its corporate limits, may acquire, construct, extend, own, or operate such urban public transportation system to any point or points not to exceed fifteen miles outside of its corporate limits: PROVIDED, That no municipal corporation shall extend its urban public transportation system beyond its corporate limits to operate in any territory already served by a privately operated auto transportation company holding a certificate of public convenience and necessity from the utilities and transportation commission.

As a condition of receiving state funding, the municipal corporation shall submit a maintenance management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the municipality, and provide a preservation plan based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 411. A new section is added to chapter 36.56 RCW to read as follows:

As a condition of receiving state funding, a county that has assumed the transportation functions of a metropolitan municipal corporation shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the county, and provide a preservation plan based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 412. A new section is added to chapter 36.57A RCW to read as follows:

As a condition of receiving state funding, a public transportation benefit area authority shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the authority, and provide a preservation plan based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 413. A new section is added to chapter 46.68 RCW to read as follows:

During the 2001-2003 biennium, cities and towns shall provide to the transportation commission, or its successor entity, preservation rating information on at least seventy percent of the total city and town arterial network. Thereafter, the preservation rating information requirement shall increase in five-percent increments in subsequent biennia. The rating system used by cities and towns must be based upon the Washington state pavement rating method or an equivalent standard approved by the transportation commission or its successor entity.

Sec. 414. RCW 47.06.050 and 1993 c 446 s 5 are each amended to read as follows:

The state-owned facilities component of the statewide transportation plan shall consist of:

(1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:

(a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. Lowest life cycle cost methodologies must be used in developing a pavement management system. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;

(b) A highway maintenance element, establishing service levels for highway maintenance on state-owned highways that meet benchmarks established by the transportation commission. The highway maintenance element must include an estimate of costs for achieving those service levels over twenty years. This element will serve as the basis for the maintenance component of the six-year highway program and the two-year biennial budget request to the legislature;

(c) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;

(((c))) (d) A scenic and recreational highways element, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;

(((d))) (e) A paths and trails element, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.

(2) The state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, ((and)) develop strategies for ferry system investment that consider regional and statewide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan must provide for maintenance of capital assets. The plan must also provide for preservation of capital assets based on lowest life cycle cost methodologies. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations. The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees.

Sec. 415. RCW 47.06.090 and 1993 c 446 s 9 are each amended to read as follows:

The state-interest component of the statewide multimodal transportation plan shall include an intercity passenger rail plan, which shall analyze existing intercity passenger rail service and recommend improvements to that service under the state passenger rail service program including depot improvements, potential service extensions, and ways to achieve higher train speeds.

For purposes of maintaining and preserving any state-owned component of the state's passenger rail program, the statewide multimodal transportation plan must identify all such assets and provide a preservation plan based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 416. A new section is added to chapter 81.112 RCW to read as follows:

As a condition of receiving state funding, a regional transit authority shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the transit authority, and provide a plan for preservation of assets based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 417. A new section is added to chapter 36.78 RCW to read as follows:

The board shall establish a standard of good practice for maintenance of transportation system assets. This standard must be implemented by all counties no later than December 31, 2007. The board shall develop a model maintenance management system for use by counties. The board shall develop rules to assist the counties in the implementation of this system. Counties shall annually submit their maintenance plans to the board. The board shall compile the county data regarding maintenance management and annually submit it to the transportation commission or its successor entity.

NEW SECTION. Sec. 418. Sections 401 through 405 of this act take effect July 1, 2002.

NEW SECTION. Sec. 419. If specific funding for sections 410, 411, and 413 of this act, referencing those sections by bill or chapter number, is not provided by June 30, 2002, in the omnibus appropriations act, those sections are null and void.

NEW SECTION. Sec. 420. Captions and part headings used in this act are not part of the law.

NEW SECTION. Sec. 421. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

Correct the title.

Representatives Ericksen, Schindler, Mitchell, Skinner, Clements, Armstrong and Ericksen (again) spoke in favor of the adoption of the amendment.

Representatives Rockefeller, Morris, Romero, Murray, Cooper and Morris (again) spoke against the adoption of the amendment.

The Speaker stated the question before the House to be adoption of amendment (003) to Substitute House Bill No. 2304.

ROLL CALL

The Clerk called the roll on the adoption of amendment (003) to Substitute House Bill No. 2304, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 51, Excused - 1

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven and Woods - 46.

Excused: Representative Ballasiotes - 1.

The bill was ordered engrossed.

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

Representatives Fisher, Reardon, Conway, Kessler, Romero and Ogden spoke in favor of passage of the bill.

Representatives Mitchell, Delvin, Mulliken, Buck, Benson, Clements, Sehlin, Matson, DeBolt, Ericksen, Jarrett and Armstrong spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2304.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2304 and the bill passed the House by the following vote: Yeas - 51, Nays - 46, Excused - 1

Voting yea: Representatives Berkey, Campbell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 51.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven and Woods - 46.

Engrossed Substitute House Bill No. 2304, having received the necessary constitutional majority, was declared .

MESSAGE FROM THE SENATE

January 18, 2002

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5064,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5236,

ENGROSSED SENATE BILL NO. 5852,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

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

MOTION

On motion of Representative Kessler, the House adjourned until 10:00 a.m., January 21, 2002, the 8th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk

2304

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2304-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

2471

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

2472

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

2473

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

2474

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

2475

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

2476

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

2477

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

2478

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

2479

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

2480

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

2481

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

2482

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

2483

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

2484

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2485

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2486

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2487

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2488

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2489

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2490

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2491

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2492

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2493

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2494

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2495

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2496

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2497

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

2498

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2499

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2500

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2501

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2502

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2503

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2504

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2505

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2506

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2507

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Colloquy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2508

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2509

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2510

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2511

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2512

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

2513

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

2514

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

2515

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

2516

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

2517

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

2518

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

2519

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

2520

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

2521

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

4220

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

4678

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

5064

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

5236-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

5852

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

6296

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1